POLITICAL LAW FINALS REVIEWER (2nd half)

VI. FREEDOM OF EXPRESSION

I. BILL OF RIGHTS (continuation)
Section 4. No law shall be passed abridging the freedom of speech, of expression, or
of the press, or the right of the people peaceably to assemble and petition the
V. PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE government for redress of grievances.

Section 3. (1) The privacy of communication and correspondence shall be inviolable SCOPE
except upon lawful order of the court, or when public safety or order requires  Any and all modes of expression are embraced in the guarantee. Reinforced
otherwise, as prescribed by law. by Art. 3 Sec. 18
Covers:
(2) Any evidence obtained in violation of this or the preceding section shall be  Pure speech
inadmissible for any purpose in any proceeding.  Speech plus
 Symbolic speech
 GR: Inviolable  Computer data
o The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public 2 ASPECTS
safety or order requires otherwise as prescribed by law. Any 1) Freedom from censorship or prior restraint – there need not be total
evidence obtained in violation of this or the preceding section shall suppression. Even restriction of circulation constitutes censorship. Freedom
be inadmissible for any purpose or proceeding. from prior restraint is largely freedom from government censorship of
 Exceptions: publications, whatever the form of censorship, and regardless of whether it is
o Lawful order of the court wielded by the executive, legislative or judicial branch of the government.
o When public safety or order requires otherwise The ff constituted restraint:
 Exclusionary rule  Search, padlocking and sealing of offices by military authorities,
o Letters addressed by a lawyer to individual SC Justices in resulting in discontinuance of publication of newspapers
connection with the performance of their official functions, become  Arbitrary closure of radio station
part of judicial record and are a matter of concern for the entire  Prohibition against use of taped jingles in mobile units used in
court – and thus, are not covered by the constitutional guarantee campaign = censorship
o Letter written by accused to witness, who was produced by witness  Prohibition against radio commentators or newspaper columnists from
during trial is admissible in evidence since it was not a result of an commenting on issues involved in scheduled plebiscite
unlawful search, or through unwarranted intrusion or invasion into
the privacy of accused. The recipient of the letter who identified the PRIOR RESTRAINT CONTENT-BASED CONTENT-NEUTRAL
same produced it. REGULATION REGULATION
Refers to official The restriction is based on Merely concerned with the
NOTE: governmental restrictions the subject matter of the incidents of the speech, or
 Guarantee of inviolability includes the mantle of its protection tangible, as on the press or other utterance or speech. one that merely controls
well as, intangible objects (Anti-Wire-Tapping Act) forms of expression in the time, place or manner,
 Right may be invoked against the wife who went to the clinic of the husband advance of actual Bears heavy presumption and under well defined
and there took the documents consisting of private communications between publication or of invalidity and the Court standards
her husband and his alleged paramour dissemination. has used clear and
 Bill of Rights does NOT protect citizens from unreasonable searches and present danger rule as Only a substantial
seizures made by private individuals Any law or official that measure governmental interest is
requires some form of required for its validity.
permission to be had The government must also Because regulations of
before publication can be show the type of harm the this type are not designed
made, commits an speech sought to be to suppress any particular
infringement of the restrained would bring message, they are not
constitutional right, and about especially the subject to the strictest
remedy can be had at the gravity and the imminence form of judicial scrutiny but

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 1

 POLITICAL LAW FINALS REVIEWER (2nd half)

courts. of the threatened harm an intermediate approach exercise of police power of the State to regulate media of communication
otherwise the prior somewhere between the and information for the purpose of ensuring equal opportunity, time and
restraint will be invalid. mere rationality that is space for political campaigns (Osmena v COMELEC)
required of any other law o COMELEC cannot procure print space without paying just
Prior restraint on speech and the compelling compensation (Phil Press Institute v COMELEC)
based on its content interest standard applied  Unconstitutional
cannot be justified by to content-based o COMELEC’s resolution prohibiting posting of decals and stickers in
hypothetical fears, but restrictions. mobile units and other moving vehicles. It was declared to be an
only by showing a infringement of freedom of expression. Since it also included
substantive and imminent The test is called citizen’s privately-owned vehicle, it is equivalent to deprivation of
evil that has taken the life intermediate because the property without due process of law
of a reality already on Court will not merely o Resolution prohibiting the posting of tarpaulin in their own private
ground. rubberstamp the validity of property
a law but also require that o “surveys affecting national candidates shall not be published 15
As formulated, the the restrictions be days before an election and surveys affecting local candidates shall
question in every case is narrowly-tailored to not be published 7 days before election”
whether the words used promote an important or
are used in such significant governmental MOVIE CENSORSHIP
circumstances and are of interest that is unrelated to  Movies have a greater capacity for evil and must therefore, be subjected to a
such a nature as to create the suppression of greater degree of regulation. But the power of the MTRCB can be exercised
a clear and present expression only for the purposes of “classification” not censorship
danger that they will bring  Classification can only be questioned when the Board committed grave
about the substantive evils abuse of discretion
that Congress has a right  Court can grant petition to restrain public exhibition of the movie because it
to prevent. It is a question contained fictionalized embellishments
of proximity and degree  Primacy of freedom of expression is superior over Enrile’s right to privacy
because he was a public figure (in re: “A Dangerous Life” movie =
CASE: Disini v Sec of Justice participation of Enrile during EDSA Revolution)
 SC declared Sections 4(c)(3), 12, and 19 of the Cybercrime Prevention Act  MTRCB committed grave abuse of discretion when it classified as “X-rating”
of 2012 as unconstitutional. It held that Section 4(c)(3) violated the right to a TV program on the ground of “attacks against another religion” can be
freedom of expression by prohibiting the electronic transmission of justified only if there is showing that the TV program would create a clear
unsolicited commercial communications. It found Section 12 in violation of and present danger of an evil which the State has the right to prevent
the right to privacy because it lacked sufficient specificity and definiteness in
collecting real-time computer data. It struck down Section 19 of the Act for US v O’BRIEN – Validity of government regulation requisites
giving the government the authority to restrict or block access to computer  The regulation must:
data without any judicial warrant. o Be within the constitutional power of the government to enact,
 SC declared as void and unconstitutional the same provision as applied to o Further an important or substantial government interest,
others who simply receive the post and react to it (in re: online libel) o That interest must be unrelated to the suppression of speech (or
 Invalidated Sec. 5 which would punish the act of aiding and abetting the "content neutral", as later cases have phrased it), and
commission of cybercrimes. Formal crimes like libel are not punishable o Prohibit no more speech than is essential to further that interest.
unless consummated

CASES: 2) Freedom from subsequent punishment – individual would hesitate to

 Upheld validity of law which prohibited, except during prescribed election speak for fear that he might be held to account for his speech.
period, the making of speeches, announcements, commentaries for or a. Libel – Public and malicious imputation of a crime, vice or defect,
against the election of any party or candidate for public office real or imaginary, or any act, omission, condition, status or
 Upheld validity of law which prohibited any person from making use of the circumstance tending to cause the dishonor, discredit, or contempt
media to sell or to give free of charge print space or air time for campaign or of a natural or juridical person.
other political purposes, except COMELEC. Such power is a legitimate
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 2
 POLITICAL LAW FINALS REVIEWER (2nd half)
b. Obscenity – guidelines:
i. Whether the average person, applying contemporary
standards, would find that the work, taken as a whole,
appeals to the prurient interest
ii. Whether the work depicts or describes in a patently
offensive way, sexual conduct specifically defined by the
applicable state law
iii. Whether the work, taken as a whole, lacks serious literary,
artistic, political, or scientific value.
LIBEL
 Not protected speech
 Every defamatory imputation is presumed malicious
 Presumption does NOT apply in the ff:
o Private communication made by any person to another in the
performance of any legal, moral or social duty and
o A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other official proceedings
which are not of a confidential nature or of any statement report or
speech delivered in said proceedings or any act performed by
public officers in the exercise of their functions
 Does not grant an absolute license to authors or writers to destroy persons
of candidates for public office by exposing the latter to public ridicule by
providing general public with publications tainted with malice
o Remedy of aggrieved party: show proof that an article was written
with the author’s knowledge that it was false or with reckless
disregard of whether it was false or not
OBSCENITY
 Determination of what is obscene = judicial function
 Suspension of TV program is NOT equivalent to “prior restraint”
 Ratings and regulation of TV broadcasts take into account the protection of
children
 There is no legislative enactment or executive issuance setting similar period
for indecent matter to be aired
CRITICISM OF OFFICIAL CONDUCT
 Newspaper publications tending to impede, obstruct, embarrass or influence
the courts in administering justice in a criminal suit constitutes criminal
contempt = constitutes clear and present danger to the administration of
justice
 Freedom of press subordinate to authority/independence of Judiciary
 Cases:
o Constitutional right of petitioner to right to privacy of communication
and correspondence cannot protect him after his admission of his
messages (invectives and defamatory statements in a personal
letter) addressed to the Court, regardless of media or intermediary,
in connection with the performance of their judicial functions,
become part of the judicial record.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
o Freedom of speech cannot be used against the Court
o Must be derogatory enough to warrant court sanction
RIGHT OF STUDENTS TO FREE SPEECH IN SCHOOL PREMISES NOT
ABSOLUTE
 School cannot suspend or expel a student solely on the basis of the articles
he or she has written, except when such article materially disrupts class
work or involves substantial disorder for registration
TESTS OF VALID GOVERNMENT INTERFERENCE
 Permissible limitation on freedom of speech and press
a) Clear and Present Danger Rule – Whether the words are used in such
circumstances and of such a nature as to create a clear and present danger
that they will bring about substantive evils that the State has the right to
prevent. The rule is that danger created must not only be clear and present
but also traceable to the ideas expressed
a. Clear – causal connection with the danger of substantive evil
arising from utterance questioned
b. Present – time element, identified with imminent and immediate
danger
b) Dangerous Tendency Rule – If the words uttered create a dangerous
tendency of a n evil which the State has the right to prevent, then such
words are punishable. It is sufficient if the natural tendency and the probable
effects of the utterance were to bring about the substantive evil that the
legislative body seeks to prevent.
c) Balancing of Interests Test – When particular conduct is regulated in the
interest of public order, and the regulation results in an indirect, conditional
or partial abridgement of speech, the duty of
NOTE: The courts determine which of the 2 conflicting interests demands the greater
protection under the particular circumstances presented.
ASSEMBLY AND PETITION
 The right to assemble is not subject to prior restraint. It may not be
conditioned upon the prior issuance of a permit or authorization from
government authorities. Such right must be exercised in such a way as will
not prejudice the public welfare.
 BP 880 constitutional – NO permit needed to hold public assembly where
meeting is to be held in a private place, in a campus of government-owned
or –operated educational institution, or in a freedom park
o Where permit is required, the written application shall be filed with
the Mayor’s office at least 5 days before the scheduled meeting and
shall be acted upon within 2 days, otherwise the permit shall be
deemed granted
3
 POLITICAL LAW FINALS REVIEWER (2nd half)
o Denial of permit may be justified only upon clear and convincing
evidence that the public assembly will create a clear and present
danger to public order, safety, convenience, morals, or health.
o Action on the application shall be communicated within 24 hours to
the application, who may appeal the same to the appropriate court
o Decision must be reached within 24 hours
o The law permits law enforcement agencies to detail a contingent
under a responsible officer at least 100 meters away from the
assembly in case it becomes necessary to maintain order
 BP 880 regulates the time, place and manner of assemblies
 Cases:
o Suspension/dismissal of public school teachers, who staged a
strike to dramatize their grievances, was held valid. They were not
dismissed because of such exercise of right but because of their
unauthorized, successive and unilateral absences which produced
adverse effects upon their students
o Employees in public service may not engage in strikes or in
concerted and unauthorized stoppage of work
o Students do not shed their constitutional rights to free speech at the
schoolhouse gate and permitted the students to re-enroll and finish
their studies
o Right to free assembly prevails over economic rights
 Education of the youth occupies a preferred position over
or at the very least equated with freedom of assembly and
petition
VII. FREEDOM OF RELIGION
Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or political rights.
2 GUARANTEES
1) Non-establishment Clause – reinforces separation of Church and State.
2) Freedom of religious profession and worship
NON-ESTABLISHMENT CLAUSE
GR: Separation of Church and State
Exceptions:
 Exemption from taxation of properties ADE used for religious purposes
 Citizenship requirement of ownership of educational institutions except those
established by religious groups and mission boards
 Optional religious instruction in public elementary and high school
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Appropriation allowed where minister or ecclesiastic is employed in the
armed forces, penal institution, orphanage
SCOPE
 State cannot set up a church nor pass laws which aid ONE religion, aid ALL
religion or PREFER one religion over another, nor force nor influence a
person to go to or remain away from church against his will or force him to
profess a belief or disbelief in any religion
 “School Prayer Case” – recitation by students in public schools in New York
of a prayer composed by the Board of Regents was held
UNCONSTITUTIONAL (Engel v Vitale)
 Equal treatment of all religions
o State recognizes validity of marriages performed in conformity with
the rites of Mohammedan religion
o Laws such as Art. 133 of RPC (acts offensive to religious feelings)
CASE: Islamic Da’wah Council of PH v Office of the Executive Secretary
 Classification of food products as halal is a religious function because the
standards used are drawn from the Qur’an and Islamic beliefs.
 By giving the Office of the Muslim Affairs the exclusive power to classify food
products a halal, EO 46 encroached on the religious freedom of Muslim
organizations to interpret for Filipino Muslims what food products are fit for
Muslim consumption.
 State has in effect forced Muslims to accept its own interpretation of Qur’an
and Sunnah on halal food
INTRAMURAL RELIGIOUS DISPUTE
 Where a civil right depends upon some matter pertaining to ecclesiastical
affairs, the civil tribunal tries the civil right and nothing more.
 Where dispute involves the property rights of religious group or relations of
members where property rights are involved, the civil courts may assume
jurisdiction
 State CANNOT meddle with the ff proceedings/affairs of the religion (purely
secular in nature; ecclesiastical affairs):
o Excommunication
o Ordination of religious ministers
o Administration of sacraments
o Other activities to which is attached religious significance
o Relationship of church as an employer and the minister as an
employee
 Court in the above-mentioned affairs cannot exercise control over church
authorities in the performance of their discretionary and official functions
FREE EXERCISE CLAUSE
2 ASPECTS OF FREEDOM OF RELIGIOUS PROFESSION AND WORSHIP
1) Right to Believe – Absolute
2) Right to act on one’s belief – subject to regulation
4
 POLITICAL LAW FINALS REVIEWER (2nd half)
SC DECISIONS
 Upheld the right of the petitioners, public school students, to refuse to salute
the PH flag on account of their religious scruples
 Upheld validity of RA 3350 exempting members of religious sect from being
compelled to join a labor union, even if there is an existing CBA with closed
shop or union shop agreement
 Recognized “right to ptoselytize” as part of religious freedom and invalidated
the application of a City Ordinance imposing license fees on the sale of
merchandise to the sale of religious tracts
 COMELEC’s removal of tarpaulin did NOT violate freedom of religion. The
tarpaulin on its face “does not convey any religious doctrine of the Catholic
church”
 The solicitation for religious purposes may be subject to proper regulation by
the State in the exercise of police power. However, in this case, considering
that solicitations intended for a religious purpose are not within the coverage
of PD 1564 (“charitable or public welfare purposes”), petitioner cannot be
held criminally liable.
 Upheld constitutionality of VAT on the sale of religious articles as well as
their printing and publication
 Upheld constitutionality of RH Law except certain provisions
o The Court finds no compelling state interest which would limit the
free exercise clause of the conscientious objectors, however few in
number. Only the prevention of an immediate and grave danger to
the security and welfare of the community can justify the
infringement of religious freedom. If the government fails to show
the seriousness and immediacy of the threat, State intrusion is
constitutionally unacceptable.
o Freedom of religion means more than just the freedom to believe. It
also means the freedom to act or not to act according to what one
believes. And this freedom is violated when one is compelled to act
against one's belief or is prevented from acting according to one's
belief.
o Apparently, in these cases, there is no immediate danger to the life
or health of an individual in the perceived scenario of the subject
provisions.
 The constitutional guarantee of free exercise of religious profession and
worship carries with it the right to disseminate religious information and any
restraint of such right can be justified only on the ground that there is a clear
and present danger of an evil which the State has the right to prevent
 Also, in the case of the suspension of the TV program “Ang Dating Daan”,
the SC said that Soriano’s exercise of religious beliefs CANNOT take
precedence over the right and duty of the State as parens patriae. The
interest of the Government in protecting children who may be subjected to
petitioner’s invectives must take precedence over his desire to air publicly
his dirty laundry
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 HOWEVER, the SC found in one case that petitioners were not sincere in
their profession of religious liberty and were merely using the same in order
to openly express their opposition to the government
 Such exercise can be regulated by the State when it will bring about a clear
and present danger of an evil which the State has the right to prevent
COMPELLING STATE INTEREST TEST
 In ascertaining the limits of the exercise of religious freedom, the compelling
state interest test is proper
a) First inquiry – Whether respondent’s right to religious freedom has been
burdened
b) Second Inquiry – Ascertain respondent’s sincerity in her religious belief
 CASE: Estrada v Escritor
 Thus, in case of conflict between the free exercise clause and
the State, the Court adheres to the doctrine of benevolent
neutrality.
 Benevolent neutrality-accommodation, whether mandatory or
permissive, is the spirit, intent and framework underlying the
Philippine Constitution
 The benevolent neutrality theory believes that with respect to
these governmental actions, accommodation of religion may be
allowed, not to promote the government's favored form of
religion, but to allow individuals and groups to exercise their
religion without hindrance. "The purpose of accommodation is
to remove a burden on, or facilitate the exercise of, a person's
or institution's religion."
 "What is sought under the theory of accommodation is not a
declaration of unconstitutionality of a facially neutral law, but an
exemption from its application or its 'burdensome effect,'
whether by the legislature or the courts."
 Benevolent neutrality recognizes that government must pursue
its secular goals and interests but at the same time strives to
uphold religious liberty to the greatest extent possible within
flexible constitutional limits. Thus, although the morality
contemplated by laws is secular, benevolent neutrality could
allow for accommodation of morality based on religion,
provided it does not offend compelling state interests.
 HELD: In applying the test, the first inquiry is whether
respondents right to religious freedom has been burdened.
There is no doubt that choosing between keeping her
employment and abandoning her religious belief and practice
and family on the one hand, and giving up her employment and
keeping her religious practice and family on the other hand,
puts a burden on her free exercise of religion. The burden on
respondent in the case at bar is even greater as the price she
has to pay for her employment is not only her religious precept
5
 POLITICAL LAW FINALS REVIEWER (2nd half)
but also her family which, by the Declaration Pledging
Faithfulness, stands honorable before God and men.
 The second step is to ascertain respondents sincerity in her
religious belief. Respondent appears to be sincere in her
religious belief and practice and is not merely using the
Declaration of Pledging Faithfulness to avoid punishment for
immorality. She did not secure the Declaration only after
entering the judiciary where the moral standards are strict and
defined, much less only after an administrative case for
immorality was filed against her. The Declaration was issued to
her by her congregation after ten years of living together with
her partner, Quilapio, and ten years before she entered the
judiciary. Ministers from her congregation testified on the
authenticity of the Jehovahs Witnesses practice of securing a
Declaration and their doctrinal or scriptural basis for such a
practice
VIII. LIBERTY OF ABODE AND OF TRAVEL
Section 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.
LIMITATIONS
1) Abode: Lawful order of the court
2) Travel: Interest of national security, public safety and public health; lawful
order of the court
ABODE
 Deportation of some 170 women of ill-repute in Davao on order of Mayor of
Manila was declared to be unlawful
 A maid has a right to transfer to another residence even if she had not yet
paid the amount advanced for her transportation from the agency which was
then effectively detaining her because of moral duress exerted on her
 HOWEVER, respondents were justified in requiring members of certain non-
Christian tribes to reside only within a reservation. This was intended to
promote better education and advancement (Rubi v Provincial Board of
Mindoro)
 Universal Declaration on HR – everyone has the right of freedom of
movement and residence within the border of each State
TRAVEL
 An AO issued by Sec. of Labor temporarily suspending the deployment of
Filipino female domestic helpers abroad to protect them from exploitation
and abuse by foreign employers = valid
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Refusal of government to allow petitioner’s return to PH for it will endager
national security = valid (Marcos v Manglapus)
 Court may validly refuse to grant accused permission to travel abroad even if
accused is out on bail = valid
 Hold departure order (HDO) is an inherent power of the court to preserve
and maintain effectiveness of its jurisdiction over the case and over the
person of the accused
o By posting bail, the accused holds herself amenable at all times to
orders and processes of the court
o Parties with pending cases therein should apply for permission to
leave the country from the very same courts which, in the first
instance, are in the best position to pass upon such applications
and to impose the appropriate conditions therefor since they are
conversant with the facts of the cases and the ramifications or
implications
 UDHR – everyone has the right to leave and to return his country
o No one shall be arbitrarily deprived of the right to enter his own
country
IX. RIGHT TO INFORMATION
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
SCOPE OF RIGHT
 Inclusions of negotiations leading to the consummation of the transaction
o Otherwise people can never exercise the right if no contract is
consummated or if one is consummated, it may be too late for the
public to expose its defects
 Right only affords access to records, documents and papers, which means
the opportunity to inspect and copy them at his expense
o It is subject to reasonable regulations to protect integrity of public
records and to minimize disruption of government operations
EXCEPTIONS (does not extend to the ff:)
a) Matters recognized as privileged information rooted in separation of powers
b) Information on military and diplomatic secrets
c) Information affecting national security
d) Information of investigations of crimes by law enforcement agencies before
the prosecution of the accused
e) Trade and Industrial Secrets
NEED FOR PUBLICATION OF LAWS REINFORCES THIS RIGHT
6
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Mysterious pronouncements and rumored rules cannot be recognized as
binding unless their existence and contents are confirmed by a valid
publication intended to make full disclosure and give proper notice to the
people
2 DUTIES UNDER THE CONSTITUTION
1) Duty to permit access to information on matters of public concern (Sec. 7,
Art. 3)
o Requires a demand or request for one to gain access to documents
and papers of the agency
o Covers broader scope, which embraces any matter contained in
official communications and public documents of particular agency
2) Duty of full public disclosure of all transactions involving public interest (Sec.
28, Art. 2)
o Mandatory disclosure
o Covers only transactions involving public interest
CASES
 While the manner of examining public records may be subject to reasonable
regulation by the government agency in custody, the duty to disclose the
information of public concern and to afford access to public records
CANNOT be discretionary on the part of said agencies. Otherwise,
enjoyment of such right may be rendered nugatory by any whimsical
exercise of agency discretion
o The constitutional duty, not being discretionary, its performance
may be compelled by a writ of mandamus in a proper case
 Voting slips constituting the decision of members of the MTRCB are NOT
private nor confidential because they are made in the exercise of official
functions = public information
 GSIS is a trustee of contributions from government and its employees and
the administrator of insurance programs for the benefit of the latter. GSIS
funds = public information
 IRR of RA 8177 which provides that the manual setting forth the procedure
for administering lethal injection = public information
 Right of the accused shall prevail over constitutional guarantees of freedom
of the press and right to public information (broadcasting of trial of Erap)
o Only audio visual recording of the trial may be made available for
public showing
 Names of nominees of party-list group released by COMELEC = public
 Unlike court orders and decisions, pleadings and other documents filed by
parties to a case need not be matters of public concern or interest and that
access to public records may be restricted on a showing of good cause
 Basis of indicative price in public bidding to sell Philippine National
Construction Corporation = not public record
X. RIGHT FORM ASSOCIATIONS
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law
shall not be abridged.
SCOPE
a) To form
b) To join
c) Not to join
d) To disaffiliate (if already a member) from the association
RIGHT NOT ABSOLUTE
a) Anti-subversion Act does not violate this provision because its purpose is to
outlaw only those organizations aimed at the violent overthrow of the
government and that the government has a right to protect itself against
subversion
b) Right to association not violated when political parties were prohibited from
participating in the barangay elections in order to insure the non-partisanship
of candidates
c) Upheld validity of law allowing workers to dissociate from or not to join a
labor union despite a closed shop agreement, if they are members of a
religious sect which prohibits affiliation of their members in any labor
organization
d) LC makes managerial employees ineligible to join, assist or form labor
unions
e) Compulsory membership of lawyer in IBP does not violate constitutional
guarantee
RIGHT TO STRIKE
 Ability to strike is not essential to the right of association
 Even if the right expressly guarantees the right to form unions in public and
private sectors, members of the civil service may NOT declare a strike to
enforce economic demands
XI. NON-IMPAIRMENT CLAUSE
Section 10. No law impairing the obligation of contracts shall be passed.
 To fall within the prohibition, the change must not only impair the obligation
of the existing contract, but the impairment must be substantial
 Law must effect a change in the rights of the parties with reference to each
other and not with respect to non-parties
IMPAIRMENT
 Anything that diminishes the efficacy of the contract. There is substantial
impairment when the law charges the terms of a legal contract between the
7
 POLITICAL LAW FINALS REVIEWER (2nd half)

parties, either in the time or mode of performance, or imposes new
conditions, or dispenses with those expressed, or authorizes for its
satisfaction something different from that provided in its terms
PURPOSE
 To safeguard integrity of contracts against unwarranted interference by the
State
 Contracts should not be tampered with by subsequent laws which would
change or modify rights and obligations of parties
LIMITATIONS
1) Police Power – public welfare is superior to private rights
2) Eminent Domain
3) Taxation
NOTE: Franchises, privileges, licenses do not come within the context of the
provision. Such laws may be validly amended by the Chief Executive when national
interest so requires. They are not contracts within the purview of the due process
clause.
XII. FREE ACCESS TO COURTS
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
WHEN GRANTED?
 When bail is authorized, it should be granted before arraignment, otherwise
the accused may be precluded from filing a motion to quash. Furthermore,
the court would be assured of the presence of the accused at the
arraignment precisely by granting bail and ordering his presence at any
stage of the proceeding
 When bail is a matter of right, petitioners are entitled to bail before conviction
by the trial court
EXCEPTIONS
 When charged with an offense punishable by reclusion perpetua and
evidence of guilt is strong
 Not available to military
DUTY OF THE COURT
 When the accused is charged with an offense punished by reclusion
perpetua, a hearing on the motion for bail shall be conducted by the
judge to determine whether or not the evidence of quilt is strong
 Whether the motion for bail of an accused who is in custody for a capital
offense be resolved in a summary proceeding or in the course of a regular
trial, the prosecution must be given an opportunity to present, within a
reasonable time, all the evidence that it may desire to introduce before the
court may resolve the motion for bail. If the prosecution should be denied
such an opportunity, there would be a violation of procedural due process,
and the order of the court granting bail should be considered void on that
ground

 Social justice provision

BAIL AS A MATTER BAIL WHEN WHEN BAIL SHALL
OF RIGHT DISCRETIONARY BE DENIED
XIII. RIGHT TO BAIL a) Before conviction a) Upon conviction by the RTC Accused is charged with
by the MeTC, MTC, of an offense not punishable a capital offense or
Section 13. All persons, except those charged with offenses punishable by reclusion MCTC and by death, RP or life offense punishable by
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by imprisonment, the court, on reclusion perpetua or
sufficient sureties, or be released on recognizance as may be provided by law. The b) Before conviction application, may admit the higher when evidence
right to bail shall not be impaired even when the privilege of the writ of habeas corpus by RTC of an offense accused to bail. of guilt is strong.
is suspended. Excessive bail shall not be required. not punishable by
death, RP or Life b) The court, in its discretion,
BAIL Imprisonment may allow the accused to
Be admitted to bail as continue on provisional liberty
 Security given for the release of a person in custody of the law, furnished by
a matter of right with under the same bail bond
him or a bondsman, conditioned upon his appearance before the court as
sufficient sureties or during the period to appeal
may be required. The right to bail emanates form the right to be presumed
be released on subject to the consent of the
innocent.
recognizance as bondsman.
prescribed by law.
WHO MAY INVOKE?
c) If the court imposed a
 A person in custody of the law who may by reason of the presumption of penalty of imprisonment
innocence he enjoys, be allowed provisional liberty upon filing a security to
exceeding six years but not
guarantee his appearance before any court, as required have yet been filed.
 May be invoked by a person under detention, even if no formal charges more than 20 years, the
have yet been filed. accused shall be denied bail.
Or bail previously granted be
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 8
 POLITICAL LAW FINALS REVIEWER (2nd half)

cancelled, upon a showing by 9) Fact that he was a fugitive from justice when arrested
the prosecution, with notice to 10) Pendency of other cases in which he is under bond
the accused, of the following or
similar circumstances: RIGHT TO BAIL AND EXTRADITION
 If bail can be granted in deportation cases (Mejoff v Dire. of Prisons), we see
a. Accused is a recidivist, no justification why it should not also be allowed in extradition cases.
quasi recidivist or habitual Likewise, considering that the Universal Declaration of Human Rights
delinquent, habituality applies to deportation cases, there is no reason why it cannot be invoked in
extradition cases. After all, both are administrative proceedings where the
b. Accused is found to have innocence or guilt of the person detained is not in issue.
previously escaped from legal  Clearly, the right of a prospective extraditee to apply for bail in this
confinement, evaded sentence jurisdiction must be viewed in the light of the various treaty obligations of the
or has violated the conditions Philippines concerning respect for the promotion and protection of human
of his bail without valid rights. Under these treaties, the presumption lies in favor of human liberty.
justification Thus, the Philippines should see to it that the right to liberty of every
individual is not impaired. (Gov’t of HK v Judge Olalia)
c. Accused committed the
offense while on probation, WAIVER OF RIGHT TO BAIL
parole, or under conditional  It is a right which is personal to the accused and whose waiver would not be
contrary to law, public order, public policy, morals or good customs or
pardon prejudicial to a 3rd person with a right recognized by law
d. Circumstances of the BAIL AND SUSPENSION OF WRIT OF HABEAS CORPUS
accused or his case indicate  The right to bail is not impaired by the suspension of the privilege of writ of
the probability of flight if habeas corpus (Art. 3, Sec. 13)
released on bail  Recognizance is the release of a person in the custody of himself or another
reputable person. He, or that person whom he was entrusted to will be
e. Undue risk that during the tasked with the burden of bringing him to court when he is required to.
pendency of the appeal, the KINDS OF BAIL
1. Cash bond
accused may commit another 2. Property bond
crime 3. Surety bond
4. Recognizance
RECOGNIZANCE
WHEN HEARING NECESSARY Recognizance is the release of a person in the custody of himself or another
reputable person. He, or that person whom he was entrusted to will be tasked with
 Whether as a matter of RIGHT or DISCRETION, a reasonable notice the burden of bringing him to court when he is required to.
of hearing is required to be given to the prosecutor or at least he
must be asked for his recommendation.
 It is because, in fixing the amount, the judge is required to take into XIV. HABEAS CORPUS
account a number of factors such as:
o Character and reputation Section 15. The privilege of the writ of habeas corpus shall not be suspended except
o Forfeiture of other bonds in cases of invasion or rebellion when the public safety requires it.

STANDARDS FOR FIXING BAIL WRIT OF HABEAS CORPUS

1) Financial ability of the accused  A writ issued by a court directed to a person detaining another,
2) Nature and circumstances of the offense
3) Penalty for the offense charged commanding him to produce the body of the prisoner at a designated time
4) Character and reputation of the accused and place with the day and cause of his caption and detention, to do, to
5) Age and health submit to, and to receive whatever the court or judge awarding the writ shall
6) Weight of the evidence against him consider in his behalf.
7) Probability of his appearing at the trial
8) Forfeiture of the bonds by him

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 9

 POLITICAL LAW FINALS REVIEWER (2nd half)

Habeas Corpus
Purpose: to set an individual to liberty
It is technically only a procedural remedy;
it is a guarantee against any detention
that is forbidden by law, but it does not
necessarily protect other rights, such as
the entitlement to a fair trial. So if an
imposition such as internment without
trial is permitted by the law then habeas
corpus may not be a useful remedy.
Amparo
Purpose: for protection
Intended to protect all rights other than
physical liberty, which may be protected
instead by habeas corpus remedies.
Thus, in the same way that habeas
corpus guarantees physical freedom,
amparo protects other basic rights. The
doctrine has a broad scope
encompassing not just illegal detention
nor actual violations, but also the
prevention of possible violations, of
human rights and other constitutional
guarantees.
 If person in whose behalf the writ was issued cannot be found, burden of
proof of actual release lies with the officers who detained them and who
claim to have effected the released
 All courts of competent jurisdiction may entertain petitions for habeas
corpus to consider released of petitioners convicted of violation of CDDA
provided then have served the maximum term of applicable penalties
 Petition may be denied if the conditional pardon is cancelled
 Mere loss of judicial records will not entitle the convict to be released on a
writ
FAILURE TO COMPLY WITH THE WRIT
 Contempt of court
GROUNDS FOR SUSPENSION:
 Invasion or rebellion when public safety requires it

Can be suspended Cannot be suspended 60 days Duration

48 Report to Congress personally or in writing
24 hours Convene, voting jointly by vote at least majority to revoke or
WHEN AVAILABLE? extend
1) When there is unlawful restraint 30 days from filing SC may review factual findings through an appropriate
2) As a consequence of judicial proceeding proceeding filed by any citizen
a. There has been deprivation of a constitutional right resulting to
3 days Any person arrested during the suspension of the writ shall
restraint of person;
be judicially charged other wise released.
b. Court has no jurisdiction to impose the sentence;
c. Excessive penalty has been imposed-void as to the excess
 Suspension of privilege does not automatically suspend right to bail
3) Rightful custody of person is withheld from the person entitled thereto.
4) Moral restraint being exerted by an employer to prevent housemaid from  Suspension shall apply only to persons judicially charged for rebellion or
leaving offenses inherent in or directly connected with invasion
5) Unlawful denial of bail
a. Detained in the hospital, applicable? Yes
b. Kasambahay detained, applicable? Yes XV. SPEEDY DISPOSITION OF CASES

WHEN WRIT WILL NOT ISSUE
1) Person detained under the a process issued by the court which has
jurisdiction to do so. Even if in the inception the detention was illegal but
supervening events, such as issuance of a judicial process, may prevent the
discharge of the detained person
2) When already been charged and ordered deported by the Bureau of
Immigration and Deportation
3) Person detained and applied for and was released on bail
4) Marital rights of living in a conjugal dwelling cannot be enforced by the writ
5) That preliminary investigation was invalid and that the offense had already
prescribed do not constitute valid grounds for the issuance writ
o File a motion to quash the warrant of arrest or information
6) Restrictive custody and monitoring of movement - no illegal detention
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
 Not limited to the accused (in relation to Right to Speedy Trial) but extends
to all parties in a case
 Included civil and administrative cases, and in all proceedings including
judicial or quasi-judicial
 Violated only when proceedings are attended by vexatious, capricious, and
oppressive delays, or when unjustified postponements are asked without
cause or justifiable motive
 Mere mathematical reckoning of the time involved would not be sufficient
 Applies not only during trial but even when the case has already been
submitted for decision

FACTORS TO BE CONSIDERED
a) Length of delay
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 10
 POLITICAL LAW FINALS REVIEWER (2nd half)

b) Reasons of the delay
c) Assertion of failure to assert such right;
d) Prejudiced caused by the delay
 Failure of the office of the Ombudsman to act on the complaint that has been
pending for 6 years is violative of the the right to speedy disposition of cases.
Thus, a party is entitled to the dismissal of the complaint.
 If the case is so complex as to involve 41 respondents were required to filed
counter-affidavits, and most respondents filed for an extension-no violation
 Extends to all citizens including the military and covers the period, before,
during and after trial
 Failure to assert the right seasonable may be deemed as a waiver of such
right
XVI. SELF-INCRIMINATION
Section 17. No person shall be compelled to be a witness against himself.
AVAILABILITY
 Not only in criminal prosecution but also in all other government proceedings
including civil actions and administrative or legislative investigations.
 Claimed not only by the accused but also by any witness to whom a question
calling for an incriminating answer is addressed
 Shall apply to a respondent in an administrative proceeding where he may
be subject to sanctions of a penal character
A. Ordinary Witness: Can only be invoked only when asked a question calling
for an incriminating answer is asked.
B. Accused, in a criminal prosecution cannot be compelled to take the witness
stand.
SCOPE
 Only testimonial compulsion. Does not apply where the evidence sought to
be excluded is not an incriminating statement but an object evidence.
 Prohibition extends to the compulsion for the production of documents,
papers, and chattels that may be sued as evidenced against the witness
o Except when the State has a right to inspect the same.
o But if the subpoena duces tecum is directed to a gov’t official
having custody of the official documents/ public records which are
in their possession, there is not violation
 Privilege also protects the accused against any attempt to compel him to
furnish a specimen of his handwriting in connection with a prosecution for
falsification.
2 KINDS OF IMMUNITY
a) Transactional Immunity- granted any person whose testimony or possession
of documents is necessary or convenient to determine the truth in any
investigation conducted by it or within its authority which makes the witness
immune from criminal prosecution for an offense to which his compelled
testimony relates
b) Use and Fruit Immunity-prohibits the use of the witness’ compelled testimony
and its fruits in any manner in connection with the criminal prosection of the
witness
WAIVER - May be waived by:
a) Express
b) Failure to invoke it
a. Provided that the waiver is certain and unequivocal and intelligently
made
RIGHTS OF PERSON SUSPECTED OF HAVING COMMITTED A CRIME
a. Before the case is filed in court/ or prosecutor for preliminary investigation,
and after taking into custody:
i. Right to be silent
ii. Right to counsel
iii. Be informed thereof
iv. Not to be subject to force, violence, threat, intimidation or
any other means which vitiates the free will;
v. Have evidence obtained in violation of these rights
rejected and inadmissible
b. After filing in court
i. Refuse to be a witness
ii. Not to have any prejudice whatsoever for such refusal;
iii. To testify on his own behalf, subject to cross examination
iv. While testifying, refuse to answer a specific question the
answer which tends to incriminate him for some crime
other than for which he is being prosecuted.
NON-DETENTION BY REASON OF POLITICAL BELIEFS OR ASPIRATIONS
 No person shall be detained solely by reason of his political or religious
beliefs.
INVOLUNTARY SERVITUDE
 GR: No involuntary servitude in any from shall exist except as punishment
for a crime whereof the party shall have been duly convicted.
 Exceptions:
1. Punishment for a crime whereof one has been duly convicted
2. Service in defense of State
3. Naval Enlistment
4. Posse Comitatus (power of the county) - to designate the cases and the
method when and by which the people of the town (pueblo) may be

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 11

 POLITICAL LAW FINALS REVIEWER (2nd half)
called upon to render assistance for the protection of the public and the
preservation of peace and order.
5. Return to work order in industries affected with public interest
6. Patria potestas
 RH Law provision requiring health care providers for volunteer pro bono RH
services does not amount to involuntary servitude. Practice of medicine is
imbued with public interest and no penalty is imposed should they do
otherwise.
PROHIBITED PUNISHMENTS
1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless for
compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to RP
2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee, or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
 Mere severity does not constitute cruel or unusual punishment
 To violate the constitutional guarantee the punishment must be flagrantly
and plainly oppressive, wholly disproportionate to the nature of the offense
as to shock the moral sense of the community
 Indeterminable period of imprisonment does not make it cruel or unusual.
However, it is unconstitutional for being an invalid delegation of legislative
power
 Death penalty is not a cruel or unusual punishment
 Mechanical failure in the electric chair prevented the execution of the
convict- not unusual or cruel as there is no intent to to inflict unnecessary
pain
 Suspension of the execution of death sentence is not usurpation of
presidential power of reprieve, although the effect tis the same
PLEA OF GUILTY IN CAPITAL OFFENSES
 Trial court must conduct searching inquiry into the voluntariness of the plea.
AUTOMATIC REVIEW
 On death penalty cases
NON-IMPRISONMENT FOR DEBT
 No person shall be imprisoned for debt or non-payment of a poll tax
 Warrant of arrest was annulled because it was issued due to a charge of
willful non-payment of debt
 Debtor can be validly punished if he contracted his debt through fraud
because a crime has been committed
XVII. DOUBLE JEOPARDY
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
REQUISITES
1) Valid complaint or information
 does not attach in PI
2) Filed before a competent court
 No DJ will attach even of the accused had already been arraigned If
the court does not have the proper jurisdiction
3) To which he had pleaded
 NO DJ, if accused had not been arraigned
 Motion to Quash filed before the accused makes his plea can be
appealed by the prosecution because there is still no jeopardy
4) Defendant was previously acquitted or convicted or the cases dismissed or
otherwise terminated without his express consent
 Mere filing of two informations or complaints charging the same
offense does not yet afford the accused in those cases the
occasion to complain that he is being placed in DJ
 The accused must have already been acquitted or convicted
 No DJ where the accused was sentenced on plea-bargaining
approved by the court but without the consent of the fiscal
 No DJ if the criminal case was mistakenly dismissed during a
hearing which was earlier cancelled and removed from the court
calendar that day
 Re-taking of testimony when the transcript of steno notes are
incomplete and a new judge take over the case –there is no DJ
 Promulgation of on only a part of the decision is not a bar to the
promulgation of the remaining and there is no DJ
 A judgment of acquittal by the trial or appellate court is final,
executory, and unappealable upon its promulgation
 Dismissal of action on procedural grounds, not an acquittal, does
not give rise to DJ
 But if dismissal was at the instance of the Fiscal because of
reinvestigation, it was shown that the accused acted only on self
defense, dismissal was without the consent of the accused
 Reinstatement of the information , after the court dismissed the
case at the instance of the prosecution without asking for the
consent of the accused gives rise to DJ
 Consent of the accused cannot be implied, it must be expressed
 If dismissal was made at the instance of the accused the is no DJ
12
 POLITICAL LAW FINALS REVIEWER (2nd half)
 When the ground for the motion to dismiss is insufficiency of
evidence, the grant thereof is equivalent to an acquittal
 2 year time –bar(more than 6 months/ 1 year time-bar(penalty not
exceeding 6 months) for the state to revive criminal case
provisionally dismissed with consent of the accused and prior
notice to the offended party
SC: Filing of an MR after acquittal is a violation of Double Jeopardy. Galman case is
Pro Hac Vice
3 Related Protections Provided by DJ
a) Against 2nd prosecution for the same offense after acquittal
b) Against 2nd prosecution for the same offense after conviction
c) Against multiple punishments for the same offense
 Acquittal is immediately final and cannot be appealed except when there is a
finding of mistrial
 No DJ is State is deprived of a fair opportunity to prosecute and prove its
case
 Re-examination of evidence without findings of mistrial violates the right of
the accused against DJ
 No DJ if order of dismissal was issued before arraignment and there is an
appeal from the order of dismissal
 There is DJ when judge amended her decision of acquittal after being
promulgated because she had overlooked the testimony of an eyewitness-
violation of DJ
CRIMES COVERED
 Identical offense, any attempt or frustration thereof, or any offense
necessary included in the offense charged
 No DJ if the information charges the accused with a different offense even if
arises from the same act
 Charging offender for online libel both under Cybercrime law and Art 353 of
RPC
 When an act is punished by a law and an ordinance, conviction or acquittal
on either shall constitute a bar to another prosecution for the same offense
DOCTRINE OF SUPERVENING EVENT
 Accused may still be prosecuted for another offense if a subsequent
development changes the character of the first indictment under which he
may have already been charged or convicted
DOCTRINE IS APPLICABLE WHEN
a) Graver offense developed due to supervening facts arising from the same
act or omission
b) Facts constituting the graver offense arose or where discovered only after
the filing of the former complaint
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
c) Plea of guilty to a lesser offense was made without the consent of the fiscal
EX POST FACTO LAW and BILL OF ATTAINDER
 No ex post facto law or bill of attainder shall be enacted
KINDS OF EX POST FACTO LAWS
1) Every law that makes criminal an action done before the passage of the law
and which was innocent when done and punishes such action
2) Every law that aggravates a crime, or makes it greater than it was when
committed
3) Every law that changes punishment and inflicts a greater punishment than
the law annexed to the crime when committed
4) Every law that alters the legal rules of evidence and receives less or different
testimony than the law required at the time of the commission of the offense
in order to convict the offender
5) Every law which, assuming to regulate civil rights and remedies only, in
effect imposes a penalty or the deprivation of a right for something which
when done was lawful
6) Every law which deprives persons accused of a crime of some lawful
protection to which they have become entitled, such as the protection of a
former conviction or acquittal or of a proclamation of amnesty
CHARACTERISTICS
1) Refers to criminal matters
2) Retroactive
3) Prejudicial to the accused
 An amendatory law imposing suspension pendent ite not an ex-post facto
law for being not punitive
 Treaty does not violate expost facto law for not being a piece of criminal
legislation nor a criminal procedural statute
 Imposition of back taxes to property does not violate expost facto law
BILL OF ATTAINDER
a) Legislative act that inflicts punishment without trial
b) Substitutes legislative fiat for a judicial determination of guilt
 Anti-Subversion Act is not a bill of attainder for it does not specify
the Communist Party of the Philippines or the members thereof for
the purpose of punishment
13
 POLITICAL LAW FINALS REVIEWER (2nd half)

o 21st century: The idea of citizenship has gained expression in the

II. CITIZENSHIP
CITIZENSHIP
Membership in a political community
which is personal and more or less
permanent in character.
TERMS
Nationals – democratic
Subject – monarchical
NATIONALITY
Membership in any class or form of
political community.
Does not include right or privilege of
exercising political and civil rights.
modern welfare state as it so developed in Western Europe. An
ongoing and final stage of development, in keeping with the rapidly
shrinking global village, might well be the internationalization of
citizenship. (internationalization of citizenship)
 First Ruler of Rome who allowed foreign citizenship: Julius Caesar
SC on CITIZENSHIP
 Tecson v COMELEC: Citizenship is a treasured right conferred on those
whom the state believes are deserving of the privilege. It is a precious
heritage, as well as an inestimable acquisition, that cannot be taken lightly
by anyone - either by those who enjoy it or by those who dispute it.
 Labo v COMELEC: priceless gift from God

Aristotle – person is a citizen if he holds an office or helps in the administration of NOTE:

justice includes Governors and the governed  Isagani Cruz: “with corresponding rights and responsibilities”
 Phil Bill of 1902 – first time that was called “citizens”
3 Foundations of Civil law/Western law
1. Greek philosopher USUAL MODES OF ACQUIRING CITIZENSHIP
2. Rome 1) By Birth
3. Judeo-Christian tradition/10 commandments a. Jus sanguinis
b. Jus Soli
2) Naturalization
BRIEF HISTORICAL BACKGROUND based on Tecson v COMELEC 3) Marriage
 Perhaps, the earliest understanding of citizenship was that given by Aristotle,
who, sometime in 384 to 322 B.C., described the "citizen" to refer to a man BEFORE ADOPTION OF 1935 CONSTITUTION
who shared in the administration of justice and in the holding of an office.  Jus Sanguinis
Aristotle saw its significance if only to determine the constituency of the o All inhabitants who were Spanish subjects on Aprill 11, 1899,
"State," which he described as being composed of such persons who would residing in the islands who did not declare intention of preserving
be adequate in number to achieve a self-sufficient existence. Spanish nationality
 The concept grew to include one who would both govern and be governed,  Jus Soli
for which qualifications like autonomy, judgment and loyalty could be o Those declared as Filipino citizens by the courts are recognized as
expected. Citizenship was seen to deal with rights and entitlements, on the such today, not because of the application of the jus soli doctrine,
one hand, and with concomitant obligations, on the other. In its ideal setting, but because of res judicata
a citizen was active in public life and fundamentally willing to submit his
private interests to the general interest of society. AFTER ADOPTION OF 1935 CONSTITUTION
 Changes in the concept of citizenship:  Only jus sanguinis
o In the 18th century, the concept was limited, by and large, to civil
citizenship, which established the rights necessary for individual NATURAL-BORN CITIZENS
freedom, such as rights to property, personal liberty and justice.  Those who are citizens of the Philippines from birth without having to
(civil citizenship) perform any act to acquire or perfect their Philippine Citizenship. Those who
o 19th century: included political citizenship, which encompassed elect Philippine Citizenship shall be deemed natural-born citizens. (Sec. 2,
the right to participate in the exercise of political power. (political Art. IV)
citizenship)  Types of Natural Born Citizens:
o 20th century saw the next stage of the development of social 1. Those without having to perform any act
citizenship, which laid emphasis on the right of the citizen to 2. Born before January 17, 1973 of Filipino Mothers who elect Phiippine
economic well-being and social security. (social citizenship) Citizenship

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 14

 POLITICAL LAW FINALS REVIEWER (2nd half)
MARRIAGE BY FILIPINO TO AN ALIEN
 Citizens of the Philippines who marry aliens shall retain their citizenship,
unless by their act or omission they are deemed under the law, to have
renounced it. (Sec. 4. Art. IV)
POLICY AGAINST DUAL ALLEGIANCE
 Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law. (Sec. 5 Article IV)
o Not a self-executing provision
 Mercado v Manzano & Valles v COMELEC – “dual citizenship” as a
disqualification must refer to citizens with “dual allegiance”
o Persons with mere dual citizenship do not fall under the
disqualification
 In the case of candidates with dual citizenship, it is enough that they elect
PH citizenship upon filing of their certificate of candidacy to terminate their
status as persons with dual citizenship
o The filing of COC suffices to renounce foreign citizenship,
effectively removing any DQ as dual citizen. This is so because in
COC one declares that he/she is a Filipino citizen and that he/she
will support and defend the Constitution and will maintain true faith
and allegiance to the same
 Ruling in Mercado & Valles that the filing of COC suffices to renounce
foreign citizenship does not apply to one who, after having reacquired PH
citizenship under RA 9225, runs for public office
o To comply with RA 9225, the candidate must state in clear and
unequivocal terms that he is renouncing all foreign citizenship
CASE: Mercado v Manzano
 Dual citizenship is different from dual allegiance. The former arises when, as
a result of the concurrent application of the different laws of two or more
states, a person is simultaneously considered a national by the said states.
Dual allegiance, on the other hand, refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more states.
While dual citizenship is involuntary, dual allegiance is the result of an
individual’s volition. With respect to dual allegiance, Article IV, Section 5 of
the Constitution provides: “Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.”
CASE: Cordora v COMELEC
 It is enough for a person with dual citizenship who seeks public office to file
his certificate of candidacy and swear to the oath of allegiance contained
therein.
 Cordora's reasoning as to Tambunting's residency fails because Tambunting
is not a naturalized American. Moreover, residency, for the purpose of
election laws, includes the twin elements of the fact of residing in a fixed
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
place and the intention to return there permanently, and is not dependent
upon citizenship.
NOTE: Attack on citizenship must be made through a direct and not collateral
proceeding only
RES JUDICATA IN CASES INVOLVING CITIZENSHIP
 GR: Res judicata does not ordinarily apply to questions of citizenship
 Except:
1) Resolved by the court or administrative body as a material issue in the
controversy after a full-blown hearing
2) Active participation of Sol-Gen or representative
3) Finding on citizenship is affirmed by the SC
NOTE: Judicial review of BID decision is permitted if the court believes that there is
substantial evidence supporting claim of citizenship
CITIZENS OF THE PH
1) Those citizens of the Philippines at the time of the adoption of the 1987
Constitution
2) Those whose fathers or mothers are citizens of the Philippines
3) Those born before January 17, 1973 of Filipino mothers who elect Philippine
citizenship upon reaching the age of majority
4) Those who are naturalized in accordance with law.
“Those born before January 17, 1973 of Filipino mothers who elect Philippine
citizenship upon reaching the age of majority”
 Procedure for election:
o Election is expressed in a statement to be signed and sworn to by
any party concerned before any official authorized to administer
oaths
o Statement to be filed with the nearest Civil Registry
o Accompanied with Oath of Allegiance to the Constitution and
Government of the PH
 When to elect?
o Within 3 years from reaching the age of majority
o Except: when there is a justifiable reason for delay
DOCTRINE OF IMPLIED ELECTION
 The exercise of right of suffrage and participation in election constitute a
positive act of election of PH citizenship
ELECTION OF PHILIPPINE CITIZENSHIP
 Right is available to the child as long as his mother was a Filipino citizen at
the time of her marriage to the alien, even if by reason of such marriage, she
lost her PH citizenship and even if the mother was not a citizen of PH at birth
15
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Right to elect PH citizenship is an inchoate right; during his minority, the
child is an alien
 The constitutional and statutory requirements of election apply only to
legitimate children
 If a child is illegitimate, he follows the status and citizenship of his only
known parent
 It is a political act
NATURALIZATION
 Act of Formally adopting a foreigner into the political body of a nation by
clothing him with privileges of a citizen.
MODES OF NATURALIZATION
1) Direct:
a. Individual through administrative proceedings
b. Special Act of legislature
c. Collective nationality as a result of cession or subjugation
d. Adoption of orphan minors as nationals of the State where they are
born
2) Derivative
a. Wife of naturalized husband
b. Minor children of naturalized person
c. Alien women upon marriage to Filipino
CASE: Tecson v COMELEC
 Since the latter was born on August 20, 1939, governed under 1935
Constitution, which constitution considers as citizens of the Philippines those
whose fathers are citizens of the Philippines, Fernando Poe, Jr. was in fact a
natural-born citizen of the Philippines regardless of whether or not he is
legitimate or illegitimate
CASE: Co v HRET
 Ong is a natural born Filipino and a resident of Laoang, Northern Samar.
The respondent traces his natural born citizenship through his mother, not
through the citizenship of his father. The citizenship of the father is relevant
only to determine whether or not the respondent "chose" to be a Filipino
when he came of age. At that time and up to the present, both mother and
father were Filipinos. Respondent Ong could not have elected any other
citizenship unless he first formally renounced Philippine citizenship in favor
of a foreign nationality. Unlike other persons faced with a problem of
election, there was no foreign nationality of his father which he could
possibly have chosen.
 Under the 1973 Constitution, those born of Filipino fathers and those born of
Filipino mothers with an alien father were placed in equal footing. They were
both considered as natural-born citizens. Hence, the bestowment of the
status of "natural-born" cannot be made to depend on the fleeting accident of
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
time or result in two kinds of citizens made up of essentially the same
similarly situated members. It is for this reason that the amendments were
enacted, that is, in order to remedy this accidental anomaly, and, therefore,
treat equally all those born before the 1973 Constitution and who elected
Philippine citizenship either before or after the effectivity of that Constitution.
CASE: De Guzman v COMELEC
 Contrary to petitioner's claims, the filing of a certificate of candidacy does not
ipso facto amount to a renunciation of his foreign citizenship under R.A. No.
9225. The rulings in the cases of Frivaldo and Mercado are not applicable to
the instant case because R.A. No. 9225 provides for more requirements.
 To wit, Section 5(2) of RA 9225 compels natural-born Filipinos, who have
been naturalized as citizens of a foreign country, but who reacquired or
retained their Philippine citizenship
(1) To take the oath of allegiance under Section 3 of Republic Act
No. 9225, and
(2) For those seeking elective public offices in the Philippines, to
additionally execute a personal and sworn renunciation of any and
all foreign citizenship before an authorized public officer prior or
simultaneous to the filing of their certificates of candidacy, to qualify
as candidates in Philippine elections.
 In the instant case, petitioner failed to renounce his American citizenship; as
such, he is disqualified from running for vice-mayor of Guimba, Nueva Ecija
CASE: Poe-Llamanzares v COMELEC
 Yes, Grace Poe might be and is considerably a natural-born Filipino. For
that, she satisfies one of the constitutional requirements that only natural-
born Filipinos may run for presidency.
 First, there is a high probability that Grace Poe’s parents are Filipinos. Her
physical features are typical of Filipinos. The fact that she was abandoned
as an infant in a municipality where the population of the Philippines is
overwhelmingly Filipinos such that there would be more than 99% chance
that a child born in such province is a Filipino is also a circumstantial
evidence of her parents’ nationality. That probability and the evidence on
which it is based are admissible under Rule 128, Section 4 of the Revised
Rules on Evidence. To assume otherwise is to accept the absurd, if not the
virtually impossible, as the norm.
 Second, by votes of 7-5, the SC pronounced that foundlings are as a class,
natural-born citizens. This is based on the finding that the deliberations of
the 1934 Constitutional Convention show that the framers intended
foundlings to be covered by the enumeration. While the 1935 Constitution’s
enumeration is silent as to foundlings, there is no restrictive language which
would definitely exclude foundlings either. Because of silence and ambiguity
in the enumeration with respect to foundlings, the SC felt the need to
examine the intent of the framers.
 Third, that foundlings are automatically conferred with natural-born
citizenship is supported by treaties and the general principles of international
law. Although the Philippines is not a signatory to some of these treaties, it
adheres to the customary rule to presume foundlings as having born of the
16
 POLITICAL LAW FINALS REVIEWER (2nd half)

country in which the foundling is found. 2) Resided in the Philippines for a continuous period of not less than 10 years.
May be reduced to 5 if:
NOTE: Petition to cancel COC or deny due course must be filed with the Presidential a. Honorably held office in the Government
Electoral Tribunal b. Established new industry or introduced new invention
c. Married to a Filipino woman
DOCTRINE OF INDELIBLE ALLEGIANCE d. Been engaged as a teacher in the Philippines public or private not
 Individual is compelled to retain original nationality even if he has already established for particular nationality or race or any of the branches
renounced or forfeited it under the laws of the state whose nationality he has of education or industry for a period of not less than 2 years
acquired 3) Good moral character, believes in the principle underlying the Philippine
Constitution, conducted himself in a proper and irreproachable manner in
 Example:
o CA 63 which provides that one of the modes of losing PH relation with the government and community in which he/she is living
citizenship is by subscribing to an oath of allegiance to support the 4) Own real estate worth not less than P5,000.00 or must have some known
lucrative trade, profession or lawful occupation
Constitution or the laws of a foreign country
5) Speak and write English or Spanish and any of the principal Philippine
o But under the same law, a Filipino may NOT divest himself of PH
languages
citizenship in this manner when the PH is at war with another
country 6) Enrolled minor children of school age in any public or private schools
recognized by the Government where PH history, government and civics are
PETITION FOR JUDICIAL DECLARATION OF PH CITIZENSHIP taught as part of the school curriculum, during the entire period of residence
in the PH required of him prior to the hearing pf his petition for Naturalization
 Judicial declaration
o Petitioner believes he is a Filipino citizen and asks the court to
DISQUALIFICATIONS
declare or confirm his status as a PH citizen
1) Opposed to organized government or affiliated with those opposed
 Judicial naturalization
2) Defending or teaching necessity or propriety of violence, personal assault or
o Petitioner acknowledges that he is an alien and seeks judicial
assassination for the success or predominance of their ideas
approval to acquire the privilege of becoming a PH citizen based on
3) Polygamists or believers in polygamy
CA 473’s requirements
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable contagious disease
6) During period of their residence in PH, have not mingled socially with
DIRECT NATURALIZATION UNDER PH LAWS
Filipinos, who have not evinced a sincere desire to learn and embrace the
1) Judicial (CA 473)
customs, traditions and ideals of the Filipinos
2) Administrative (RA 9139)
7) Citizens or subjects or nations at war with Philippines, during such war
3) Legislative naturalization in the form of a law enacted by Congress
8) Subjects of foreign country whose laws do not grant the same right to
bestowing PH citizenship to an alien
Filipinos to become naturalized

CASE: Republic v Batugas

De Guzman
De Guzman is a dual citizen by virtue
of RA 9225 on Naturalization
De Guzman must perform a separate
and positive act of renunciation
(Personal and Sworn Renunciation)
Manzano
Manzano is a dual citizen by virtue of
the interplay of Jus Soli and Jus
Sanguinis
Sufficient that Manzano files his COC
 The State, in extending the privilege of citizenship to an alien wife of one of
its citizens, could have had no other objective than to maintain a unity of
allegiance among the members of the family. Under existing laws, an alien
may acquire Philippine citizenship either thru judicial naturalization under CA
473 or administrative naturalization under RA 9139. A third option, called
derivative naturalization, is available to alien women married to Filipino
husbands. This third option is found under Section 15 of CA 473.

PROCEDURE
1) File a declaration of intention 1 year before petition with OSG
JUDICIAL NATURALIZATION UNDER CA 473  Except:
i. Born in Philippines AND received primary and secondary
QUALIFICATIONS education in public or private schools
1) Not less than 21 years old on the date of the hearing of the petition
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 17
 POLITICAL LAW FINALS REVIEWER (2nd half)
ii. Resided in the Philippines for 30 years or more before
filing the petition and enrolled children in elementary and
high schools recognized by the Government
iii. Widow and minor children of an alien who has declared
his intention but dies before he is actually naturalized
2) Filing of petition with RTC
 Accompanied by affidavit of 2 credible, citizens of the Philippines
who personally know the petitioner, as character witnesses.
i. A foreigner seeking the grant of PH citizenship who fails to
comply with the period within which to file petition =
DISMISSED
ii. Opportunity given to foreigner to become a citizen is a
mere privilege and the absence of 1 requirement is fatal to
the petition
3) Publication of Petition
 Requisites of a valid publication under Revised Naturalization Law
i. Petition and Notice of hearing must be published
ii. Once a week for 3 consecutive weeks in the O.G. and in a
newspaper of general circulation in the province where the
applicant resides
iii. Copies posted in the office of Clerk of Court or in the
building where the same is located
iv. Indicate names of witnesses whom the petitioner proposes
to introduce at the trial
 Publication is a jurisdictional requirement. Non-compliance is fatal
for it impairs the very root of the authority to decide the case,
regardless of whether the one to blame is the clerk of court or
petitioner or counsel.
 Contents of notice of hearing and petition itself must be complete,
copied verbatim. Incomplete notice or petition, even if published, is
no publication at all
 Copy of petition to be posted and published should be a textual or
verbatim restatement of the petition filed
 Failure to state all details in the notice of hearing, like names of
witnesses constitutes fatal defect. Publication of affidavit of
witnesses did not cure omission of their names in the notice of
hearing.
 Naturalization laws should be rigidly enforced and strictly construed
in favor of the Government and against the applicant
 Naturalization proceedings are imbued with the highest public
interest
4) Actual residence during proceedings
5) Hearing of Petition
6) Promulgation of decision
7) Hearing after 2 years proving:
 At this hearing, the applicant shall show that during the 2-year
probation period, applicant has:
i. Applicant has not left the PH
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
ii. Dedicated himself continuously to a lawful calling or
profession
iii. Not convicted of any offense or violation of rules
iv. Not committed an act prejudicial to the interest of the
nation or contrary to any Government announced policies
8) Oath taking and issuance of Certificate of Naturalization
EFFECTS OF NATURALIZATION
1) Vests citizenship on wife if she may be lawfully naturalized
 Naturalized Filipino need not go through the formal process of
naturalization in order to acquire PH citizenship
i. All she needs to do is to file before the Bureau of
Immigration and Deportation (BID) a petition for
cancellation of her Alien Certificate of Registration (ACR).
ii. She does not have to prove that she possesses the
qualifications for naturalization. She only has to show that
she does not labor any disqualifications.
iii. Upon the grant of the petition for cancellation of ACR, she
may then take the oath of the allegiance to the RPH and
thus, become a citizen of the PH
2) Minor children born IN the Philippines before naturalization are considered
citizens of the PH
3) Minor child born OUTSIDE the Philippines who as RESIDING in the PH at
the time of naturalization is considered a Filipino Citizen
4) Minor child born OUTSIDE the Philippines before naturalization shall be
considered Filipino ONLY during minority unless he begins to reside
permanently in the PH
5) Child born OUTSIDE the PH after naturalization shall be considered a
Filipino provided that he registers as such before any Philippine consulate
within 1 year after attaining majority age and takes his oath of allegiance.
GROUNDS FOR DENATURALIZATION
1) Naturalization certificate is obtained fraudulently or illegally
 Applicant obtained certificate by misleading the court upon any
material fact
 Availment of tax amnesty does not have the effect of obliterating his
lack of good moral character
2) If within 5 years, he returns to his native country or to some foreign country
and establishes residence there.
 Provided, that the 1 year stay in the native country, or 2 year stay in
a foreign country shall be prima facie evidence of intent to take up
residence in the same
3) Invalid declaration of intention
4) Minor children failed to graduate through the fault of parent either by
neglecting to support or transferring them to another school
5) Allowed himself to be used as a dummy
NOTE: Although misconduct is committed after 2-year probationary period, conviction
of perjury and rape was held to be valid ground for denaturalization
18
 POLITICAL LAW FINALS REVIEWER (2nd half)

SPECIAL COMMITTEE ON NATURALIZATION

 It is the committee which has the power to approve, deny or reject
applications for naturalization under RA 9139.
EFFECTS OF DENATURALIZATION  It is composed of:
1) If the ground affects the intrinsic validity of proceedings – divests wife and
children of their derivative naturalization
Solicitor General
2) If the ground is personal to denaturalized Filipino – wife and children shall (Chairman)
retain PH citizenship

LEGISLATIVE NATURALIZATION
Secretary of National Security
Foreign Affairs or Adviser
 It is discretionary on the part of Congress Representative (Member)
 Usually conferred on an alien who has made outstanding contributions to the (Member)
country.

ADMINISTRATIVE NATURALIZATION (RA 9139)

QUALIFICATIONS
 “Administrative Naturalization Law of 2000” 1) Born in the PH and residing therein since birth
 It is a law granting Philippine Citizenship by administrative proceedings to 2) Not less than 18 years old, at the time of the filing of the petition
aliens BORN and RESIDING in the Philippines. 3) Good moral character, believes in the principle underlying the Philippine
Constitution, conducted himself in a proper and irreproachable manner in
CA 473 RA 9139 relation with the government and community in which he/she is living
4) Have received primary and secondary education in any public or private
Judicial Administrative
schools recognized by the Department of Education where PH history,
Cognized by Courts Cognized by Special Committee on
government and civics are taught as part of the school curriculum and where
Naturalization
enrolment is not limited to any race or nationality, provided should he/she
Aliens of any class Native-born aliens who lived in the have minor children of school age, he/she must have enrolled them in similar
Philippines all their lives schools
Lived in Philippines continuously for Lived in the Philippines all throughout 5) Have known trade, business, profession or lawful occupation, from which
10/5 years their lives he/she derives income sufficient for own support and that of his/her family;
provided that this shall not apply to applicants who are college degree
 CA 473 is not intended to be annexed to or repealed by RA 9139 holders but are unable to practice their profession because they are
 Intention of the legislature was to make the process of acquiring Philippine disqualified to do so by reason of their citizenship
Citizenship less tedious, less technical and more encouraging 6) Able to read, write and speak Filipino, or any of the dialects in PH
 Legislature merely prescribed another mode of acquiring citizenship which 7) Have mingled with Filipinos and evinced a sincere desire to learn and
may be availed of by native-born aliens embrace the customs, traditions and ideals of the Filipinos
 Nonetheless, native-born aliens have the choice to apply for judicial or
administrative naturalization Difference as regards qualifications under CA 473 and RA 9139

RA 9139
Born in the Philippines and residing
since birth
Not less than 18 years of age at the
time of FILING petition
Good moral Character, believes in
Constitution, conducted himself in
proper and irreproachable manner in
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
CA 473
Need not be born here, resided
continuously for 10/5 years
Not less than 21 years at the time of
HEARING of the petition
Same
19
 POLITICAL LAW FINALS REVIEWER (2nd half)

relation with government and 6) Committee approves or denies the 0petition

community 7) Within 30 days, applicant shall pay P100,000 to committee
Have received primary or secondary Enrolled minor children of school age 8) Applicant takes the oath of allegiance and a certificate of naturalization shall
education in any public or private in any public or private schools issue
institution which teaches history, 9) Within 5 days after the applicant has taken the oath of allegiance, Bureau of
government and civics. As well as Immigration shall forward a copy of the oath to the proper local civil registrar
minor children and thereafter cancel the petitioner’s alien certificate of registration
Known lucrative business, profession Own real estate worth not less than
or occupation P5,000.00 or must have some known STATUS OF ALIEN WIFE AND CHILDREN
lucrative trade, profession or lawful  After approval of petition for administrative naturalization and cancellation of
occupation applicant’s ACR, applicant’s lawful wife and minor children may file a petition
for cancellation of their ACR with the Committee subject to payment of
Able to read, write and speak Filipino, Speak and write English or Spanish required fees
or any of the dialects in PH and any of the principal Philippine  But if the applicant is a married WOMAN, her alien husband does NOT
languages benefit from her approval of petition for naturalization. However, her minor
children may still file a petition for cancellation of their alien registration
Have mingled with Filipinos and Same certificate.
evinced a sincere desire to learn and
embrace the customs, traditions and GROUNDS FOR CANCELLATION OF CERTIFICATE OF NATURALIZATION BY
ideals of the Filipinos SPECIAL COMMITTEE
1) False statement or misrepresentation or any violation of law, rules and
regulations in connection with the petition or if he obtains Philippine
DISQUALIFICATIONS (same as those provided in CA 473) citizenship fraudulently or illegally
1) Opposed to organized government or affiliated with those opposed 2) If within 5 years, he shall establish permanent residence in foreign country.
2) Defending or teaching necessity or propriety of violence, personal assault or  Remaining for 1 year in his country of origin or 2 years in any
assassination for the success or predominance of their ideas foreign country is prima facie evidence of intent to permanently
3) Polygamists or believers in polygamy reside therein
4) Convicted of a crime involving moral turpitude 3) If allowed himself or his wife or child to be used as a dummy
5) Suffering from mental alienation or incurable contagious disease 4) If he, wife, child, commits any act inimical to national security
6) During period of their residence in PH, have not mingled socially with
Filipinos, who have not evinced a sincere desire to learn and embrace the LOSS AND REACQUISITION OF PHILIPPINE CITIZENSHIP
customs, traditions and ideals of the Filipinos
7) Citizens or subjects or nations at war with Philippines, during such war LOSS OF CITIZENSHIP
8) Subjects of foreign country whose laws do not grant the same right to 1) Naturalization in a foreign country
Filipinos to become naturalized 2) By express renunciation of citizenship
3) By subscribing to an oath of allegiance
PROCEDURE 4) By rendering service to or accepting commission in the armed forces of a
1) File petition with Special Committee foreign country
2) Publication of pertinent portions of petition once a week for 3 consecutive 5) By cancellation of certificate of naturalization
weeks in a newspaper of general circulation. 6) By having been declared by competent authority as deserter of PH armed
a. Copies posted in any public or conspicuous area forces in time of war
3) Copies furnished to DFA, Bureau of Immigration and Deportation and Civil
registrar, NBI who shall post copies of petition in any public or conspicuous a) Naturalization in a foreign country
areas.  Modified by RA 9225, which declares that all Philippine citizens who become
4) Within 30 days from posting, submit to Committee a report stating whether citizens of another country shall not be deemed to have lost their Philippine
applicant has derogatory record on file or any information adverse to Citizenship under the conditions of such Act
petitioner’s application  Natural-born citizens who lost citizenship may re-acquire citizenship upon
5) Within 60 days, committee shall review information and allow applicant to taking an oath of allegiance to the Republic
explain, answer or refute the information
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 20
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Natural-born citizens of PH who, after the effectivity of the Act, become
citizens of a foreign country shall retain their PH citizenship upon taking the
aforesaid oath
 The unmarried child, whether legitimate, illegitimate or adopted below 18y/o,
of those who reacquire PH citizenship upon effectivity of this Act shall be
deemed PH citizens
 Those who retain or reacquire PH citizenship under this Act shall enjoy full
civil and political rights and be subject to all attendant liabilities and
responsibilities under existing PH laws and the following conditions:
i. Those intending to exercise their right of suffrage must meet the
requirements under the Constitution, Overseas Absentee Voting
Act and other existing laws
ii. Those seeking elective public office in PH shall meet the
qualifications for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of
COC, make a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized to
administer an oath.
a. The mere filing of COC is not sufficient. A candidate
may have won the election, took his oath of office and
began discharging the functions of his office, but such
cannot cure the defect of his candidacy
b. Dual citizens by naturalization are required to take not
only the oath of allegiance to the Republic, but also to
personally renounce foreign citizenship in order to
qualify as a candidate for public office. If after he had
renounced his foreign citizenship, he should still use his
foreign passport, he is NOT divested of his Filipino
citizenship which he acquired by taking the oath.
However, by representing himself as a foreign citizen,
he voluntarily and effectively reverted to his status as a
dual citizen. Such reversion is NOT retroactive; it takes
place from the moment he represents himself as a
foreign citizen by using his foreign passport. As a dual
citizen he is qualified to vote, but by express declaration
under the Local Government Code, he is NOT qualified
to run for local elective office. (Maquiling v. Comelec)
iii. Those appointed to any public office shall subscribe and swear to
an oath of allegiance to the Republic and its duly constituted
authorities prior to their assumption of office; provided, that they
renounce their oath of allegiance to the country where they took
that oath
iv. Those intending to practice a profession in the PH shall apply
with the proper authority for a license or permit to engage in such
practice
v. The right to vote or be elected or appointed to any public office in
PH cannot be exercised by or extended to, those who:
a. Are candidates for or are occupying any public office in
the country of which they are naturalized citizens; and/or
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
b. Active service as commissioned or non-commissioned
officers in the armed forces of their country
b) By express renunciation
 Must be expressly made
o How? By applying for foreign citizenship or by obtaining foreign
passport and signing of commercial documents as a foreigner
c) Subscribing to an oath of allegiance to support the constitution of a foreign
country upon attaining the age of 21.
 Except: when the Philippines is at war with that country. (Principle of
indelible allegiance)
d) Rendering service to or accepting commission in the armed forces of a
foreign country
 Except:
o Philippines has a defensive or offensive pact of alliance with the
said foreign country; OR
o Said foreign country maintains armed forces in Philippines with the
consent of Philippines
e) Cancellation of certificate of naturalization
f) Having been declared by competent authority as a deserter of the Armed
forces in time of war
 Unless subsequently, a plenary pardon or amnesty has been granted
REACQUISITION OF CITIZENSHIP
1) By taking oath of allegiance (under RA 9225)
2) By naturalization
3) By repatriation of deserters
4) By direct act of Congress
a) Under RA 9225, by taking the oath of allegiance required of former
natural-born citizens who may have lost their PH citizenship by reason of their
acquisition of citizenship of a foreign country
b) By naturalization, provided the applicant does not possess any of the
disqualifications prescribed in naturalization
c) By repatriation of deserters of Army, Navy or Air Corps, provided that a woman
who has lost her citizenship by reason of her marriage to an alien may be repatriated
in accordance with the provisions of this Act after termination of marital status
 See PD 725 – allows repatriation of former natural-born Filipino citizens who
lost PH citizenship
 When does repatriation take effect? Retroacted to the date of filing of
application.
21
 POLITICAL LAW FINALS REVIEWER (2nd half)

o Candidate completed all requirements for repatriation only after he

filed his COC for mayoralty position, but before elections. HELD: III. LEGISLATIVE DEPARTMENT
repatriation retroacted to Dec. 17, 1997, thus, qualified to run for
2004 elections Legis – latin
 Effect of Repatriation – allows the person to recover, or return to his Parliament – french parlIament – to speak
original status before he lost his Philippine citizenship (Bengzon III v. House
of Representatives) Congressus – latin – we meet together
o Former natural-born lost PH citizenship when he enlisted in the US
Marine Corps, was deemed to have recovered his natural-born History of House and Senate
status when he reacquired Filipino citizenship through repatriation  Charles Pickney - House and senate, commander in chief, state of the nation
 RA 8171 – governs repatriation of Filipino women who may have lost PH address
citizenship by reason of marriage to aliens, as well as repatriation of former  USA – origin
natural-born Filipino citizens who lost PH citizenship on account of political o US Constitution Convention, there were 3 plans, namely:
or economic necessity, including minor children, provided the applicant is not  Virginia plan – 3 rep should be proportional to the
a person: population
o Opposed to organized government or affiliated with any association  New jersey plan – House and Senate equal
or group of persons who uphold and teach doctrines opposing representation, how to resolve – meet halfway
organized government  Connecticut plan – which is followed in the PH, House will
o Defending or teaching necessity of violence, personal assault or be based on population, while Senate will be based on
assassination for predominance of his ideas equal representation
o Convicted of crime involving moral turpitude; or  Philippines
o Suffering from mental alienation or incurable contagious disease o Malolos – unicameral, parliamentary
 To avail of RA 8171, children must be of minor age at the time when petition o Bill 1902 - Philippine Commission – upper; Phil Assembly -lower
for repatriation is filed by parent. This is so because the child does not have house
legal capacity to undertake a political act like election of citizenship o 1907 - first election women cannot vote, until 1935 constitution
o Jones Law of 1960 - bicameral
NOTE: Repatriation is effected by taking the necessary oath of allegiance to o Commonwealth - Unicameral
the Republic and registration in the proper Civil o Quezon wanted bicameral - thus amending 1935 consti
Registry and in the Bureau of Immigration and Deportation o 1973 - Batasang Pambansa; unciameral
o 1987 - 22 v 23 votes in favor of bicameral
CASE: Bengzon v HRET
 Repatriation results in the recovery of the original nationality. This UNICAMERALISM BICAMERALISM
means that a naturalized Filipino who lost his citizenship will be Simple; shorter process; easy to pin We train future national leaders;
restored to his prior status as a naturalized Filipino citizen. point responsibility; closer to the difficult to manipulate; quality
 In Cruz's case, he lost his Filipino citizenship when he rendered people legislation
service in the Armed Forces of the United States. However, he
subsequently reacquired Philippine citizenship under R.A. No.
2630.Having thus taken the required oath of allegiance to the
Republic and having registered the same in the Civil Registry LEGISLATIVE POWER

d) By direct act of the Congress  The Power to propose, enact, amend and repeal laws
 Vested in the Congress, except to the extent reserved to the people by the
provision on initiative and referendum

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 22

 POLITICAL LAW FINALS REVIEWER (2nd half)

3. If at any time, before initiative is held, the local legislative body shall
INITIATIVE REFERENDUM adopt in toto the proposition presented, the initiative shall be cancelled.
However, those against such action may, if they so desire, apply for
Propose amendments to Constitution Power of the electorate to approve or
or to propose and enact legislation reject legislation through an election initiative
through an election called for the called for the purpose
purpose
3 systems of initiative: 2 classes: CONGRESS
a) Initiative on the Constitution – a) Referendum on statutes – refers to
refers to the petition proposing a petition to approve or reject an act  The legislative power shall be vested in the Congress of the Philippines
amendments to the Constitution or law, or part thereof, passed by which shall consist of a Senate and a House of representatives,
Congress except to the extent reserved to the people by the provision on initiative
b) Initiative on Statute – petition and referendum. (Section 1. Article VI)
proposing to enact a national  Shows a Bi-cameral Congress
legislation b) Referendum on local law –
refers to a petition to approve or o Bi-Cameral Conference Committee – Compromises
reject an act or law, resolution or differences between the senate and the HR. Members of which
c) Initiative on Local Legislation – ordinance enacted by the regional come from both houses. As such, it can go beyond the mandate
petition proposing to enact a regional, assemblies and local legislative of both houses. (Philippine Judges Assoc. Vs. Prado)
provincial, city, municipal or barangay bodies
law, ordinance or resolution House of Senate Party-list Nominees
Representatives
Qualifications
Indirect initiative – exercise of Natural-born citizen Natural-born citizen Natural-born citizen
initiative by the people through a At least 25 y/o At least 35 y/o At least 25 y/o
proposition sent to Congress or
local legislative body for action
Prohibited measures Youth sector: cannot be
older than 30 y/o
The following cannot be subject of an initiative or referendum:
a) Petition embracing more than one subject Read and write (except Read and write
party-list representative)
b) Statutes involving emergency measures, the enactment of which is
specifically vested in Congress by the Constitution, cannot be subject to Registered voter in the Registered voter Bona fide member of
district in which shall be the party or organization
referendum until 90 days after their effectivity
elected which he seeks to
represent for at least 90
days preceding the day
of elections
“Reserved to the People” - is not a self-executing provision, but is a mandate by the Resident in the district Resident of the PH for
constitution. for a period of not less not less than 2 years
 In this light, Congress has enacted RA 6735 which is limited only than 1 year immediately immediately preceding
to Initiatives on Statutes. (Defensor-Santiago vs. COMELEC) preceding the day of the day of elections
elections
LOCAL INITIATIVE Term
1. Not less than 2,000 registered voters in case of autonomous regions 3 years commencing at 6 years commencing at 3 years
2. Not less than 1,000 in case of provinces and cities noon on the 30th day of noon on the 30th day of
3. 100 in municipalities
4. 50 in case of barangays June next following their June next following their
elections elections
 File a petition with the Regional Assembly or local legislative body, Limitation
respectively, proposing the adoption, enactment, repeal, or Shall not serve for more No Senator shall serve
amendment of any law, ordinance or resolution. than 3 consecutive for more than 2
terms consecutive terms.
Limitations on Local Initiative Voluntary renunciation
1. Shall not be exercised more than once a year of office for any length
2. Shall extend only to subjects or matters which are within the legal powers of time shall not be
of the local legislative bodies to enact considered as an
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 23
 POLITICAL LAW FINALS REVIEWER (2nd half)

interruption in the geographic boundaries to create partisan, incumbent-protected

continuity of his service districts
for the full term for  Constitution does not preclude Congress from increasing its membership by
which elected passing a law other than a general apportionment law. (Mariano v
COMELEC)
o Reapportionment of legislative districts may be made through a
special law enacted by the Congress. To hold that reapportionment
COMPOSITION can be made only through a general law would create an
1) Senate – The Senate shall be composed of 24 Senators who shall be elected inequitable situation where a new city or province created by
at the large by the qualified voters of the Philippines, as may be provided by
Congress will be denied legislative representation for an
law. (Section 2. Article VI)
indeterminate period of time. (Tobias v Abalos)
2) House of Representatives – not more than 250 members, unless otherwise  The creation of a new province or legislative districts by a Regional
provided by law consisting of district, party-list and sectoral representatives Assembly of ARMM is unconstitutional as it is not within its powers. Its power
to create government units extends only to Barangays and Municipalities.
HOUSE OF REPRESENTATIVES Only Congress has the power to create provinces and consequently another
position for a representative (SEMA vs. COMELEC)
o Basis: Nothing in Art. 10, Sec. 20 of the Constitution, authorizes
District Party-list Sectoral
autonomous regions, expressly or impliedly, to create or
Representatives Representatives Representatives
reapportion legislative districts
Elected from legislative Shall constitute 20% of For 3 consecutive terms
o Basis: Art. 6 Sec. 19 of RA 9054, granting ARMM Regional
districts apportioned the total number of after the ratification of
Assembly the power to create provinces and cities is void for being
among the provinces, representatives, elected the Constitution, ½ of
contrary to Art. 6, Sec. 5 and Art. 10, Sec. 20 of the Ordinance
cities and metropolitan through a party-list the seats allocated to
appended to the Constitution
Manila area system of registered party-list reps shall be
 Requisites: (creation of LGUs)
national, regional, and filled, as provided by
i. In accordance with the LGC
sectoral parties or law, by selection or
ii. Plebiscite
organizations election from the labor,
iii. Not contrary to the Constitution
peasant, urban poor,
indigenous cultural
QUALIFICATIONS OF MEMBERS OF THE HOUSE
communities, women,
 SC upheld the qualification of Mrs. Imelda Romualdez-Marcos despite her
youth, and such other
own declaration in her COC that she had resided in the district for only 7
sectors as may be
months, because of the ff:
provided by law, except
a) A minor follows the domicile of his parents
the religious sector
b) Domicile of origin is lost only when there is actual removal or
change of domicile, a bona fide intention of abandoning the former
APPORTIONMENT OF LEGISLATIVE DISTRICTS
 Question of validity of an apportionment law is a justiciable question residence and establishing a new one, and acts which correspond
 Congress to make reapportionment of legislative districts within 3 years with the purpose; in the absence of clear and positive proof of
following the return of every census concurrence of all these, the domicile of origin should be deemed to
 Apportionment shall be made in accordance with the number of continue
respective inhabitants, on the basis of a uniform and progressive ratio: c) Wife does not automatically gain the husband’s domicile because
i. Each city with not less than 250,000 inhabitants shall be the term “residence” in Civil Law does not mean the same thing in
entitled to at least 1 representative Political Law
ii. Each province, irrespective or number of inhabitants is d) Even assuming she gained a new domicile after her marriage and
entitled to at least 1 representative
acquired the right to choose a new one only after her husband died,
 Each legislative district shall comprise, as far as practicable, contiguous,
her acts following her return to the country clearly indicated that she
compact and adjacent territory to prevent gerrymandering
chose Tacloban as her domicile of origin, as her domicile of choice
o Gerrymandering - is a practice that attempts to establish a political
 Abandonment of domicile in PH: (examples)
advantage for a particular party or group by manipulating
o Immigration to the US by virtue of acquisition of a “green card”
o Enlisting in the US Navy
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 24
 POLITICAL LAW FINALS REVIEWER (2nd half)

c) Petition must be verified by its President or Secretary stating its

THE PARTY-LIST SYSTEM desire to participate in the party-list system as a national, regional
or sectoral party, organization or coalition
Definition of Terms
1) Party – either a political party or a sectoral party or a coalition of NOTE: Any party already registered, need not register anew, but must file
parties within 90 days before the election a manifestation of its desire to participate
2) Political party – organized group of citizens advocating an ideology or in the party-list system
platform, principles and policies for the general conduct of government
and which, as the most immediate means of securing their adoption, CASE: Atong Paglaum v COMELEC
regularly nominates and supports certain of its leaders and members as  SC formulated new parameters to guide the COMELEC in determining who
candidates for public office may participate in the 2013 May elections and subsequent elections
a. National party – constituency is spread over the geographical  3 different groups may participate in the party-list system, namely:
territory of at least a majority of the regions o National parties or organizations
b. Regional party – constituency is spread over the geographical
o Regional parties or organizations
territory of at least a majority of the cities and provinces
o Sectoral parties or organizations
comprising the region
3) Sectoral party – organized group of citizens belonging to any of  National parties or organizations and regional parties or organizations do not
the ff sectors, whose principal advocacy pertains to the special need to organize along sectoral lines and do not need to represent any
interest and concerns of their sector: “marginalized or under-represented” sector
a. Labor o Nominees of national and regional parties or organizations must be
b. Peasant bona fide members of such
c. Fisherfolk  Political parties can participate in the party-list elections provided they
d. Urban poor register under the party-list system and do not field candidates in the
e. Indigenous cultural communities
legislative district elections
f. Elderly
g. Handicapped o A political party, whether major or not, that fields candidates in the
h. Women legislative district elections can participate in party-list elections only
i. Youth through a sectoral wing that can separately register under the party-
j. Veterans list system
k. Overseas workers o The sectoral wing is by itself an independent sectoral party and is
l. Professionals linked to a political party through coalition
4) Sectoral organization – group of citizens or a coalition of groups of  Sectoral parties or organizations may either be “marginalized and under-
citizens who share similar physical attributes or characteristics,
employment, interests or concerns represented” or lacking in “well-defined political constituencies”. It is enough
5) Coalition – aggrupation of duly registered national, regional, that their principal advocacy pertains to the special interest and concerns of
sectoral parties or organizations for political and/or election their sector. Majority of the members of sectoral parties or organizations that
purposes represent either of the 2 sectors shall likewise belong to the sector they
represent (for both) or must have a track record of advocacy for their
CASE: Ang Bagong Bayani v COMELEC respective sectors (in case of well-defined constituencies)
 Party-list system is a borrowed concept from the Parliamentary form of o “Marginalized and under-represented” – labor, peasant, fisherfolk,
government. It opens up our political system to those not yet part of the urban poor, indigenous cultural communities, handicapped,
system. It is a social justice tool to give more law to those who have less in veterans, overseas workers
life - “so that justice may at least be approximated”. o “Well-defined constituencies” – professionals, elderly, women,
youth
REGISTRATION; MANIFESTATION TO PARTICIPATE IN THE PARTY-LIST  National/regional/sectoral parties or organizations shall not be disqualified if
SYSTEM some of their nominees are disqualified, provided that they have at least 1
 Any organized group of persons may register as a party, organization or nominee who remains to be qualified
coalition for purposes of the party-list system by:
a) Filing a petition with COMELEC REFUSAL AND/OR CANCELLATION OF REGISTRATION BY COMELEC
b) Not later than 90 days before the election 1) Motu proprio or upon verified complaint of any interested party
2) Refuse, cancel after due notice and hearing, the registration of any national,
regional or sectoral party on the ff grounds:
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 25
 POLITICAL LAW FINALS REVIEWER (2nd half)
a. Religious sect/ denomination
b. Advocates violence or unlawful means to seek its goal
c. Foreign party or organization
d. Receiving support from any foreign gov’t, foreign political party
whether directly or indirectly for partisan election purposes
e. Violates or fails to comply with election rules and regulations
f. Declares untruthful statements in its petition
g. Ceased to exist for at least one year
h. Fails 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.
 Basis of COMELEC’s power: Art. 9-C, sec. 2 (5) of the Constitution
 Complaint for cancellation of party-list registration, aside from disqualification
of party-list nominee, provides a “plain, speedy and adequate remedy”
against a party-list organization alleged to have failed to comply with
COMELEC’s resolution so submit documentary evidence to prove that they
belong to a particular sector.
 Track record – is not required in registration. It is a record of past
performance as an indicator of likely future performance. Nowhere in RA
7941 is it mandated that groups seeking registration must submit evidence
that show track record as a group (Abang Lingkod v COMELEC)
NOTE: Moral disapproval, without more, is not a sufficient governmental interest to
justify exclusion of homosexuals from participation in the party-list system. The LGBT
is a sector that can be represented in the system even if it is not specifically
enumerated in the law. The crucial element is not whether a sector is specifically
enumerated, but whether a particular organization complies with the requirements of
the Constitution and RA 7941 (Ang LADLAD LGBT Party v COMELEC)
NOTE: The COMELEC may, motu propio, cancel after due notice and hearing, the
registration of any party-list organization, if it violates or fails to comply with laws,
rules and regulations relating to elections. But where a party-list group was not
apprised of a material requirement regarding a party-list’s qualification, thus denying
the party-list group the opportunity to answer this issue squarely, the SC held that
such group was denied due process.
NOMINATION OF PARTY-LIST REPRESENTATIVES
1) Each party shall submit to COMELEC not later than 45 days before the
election
2) List of names, not less than 5 from which party-list representatives shall be
chosen in case it obtains the required number of votes. Limitations:
a. Person may be nominated in one list only
b. Consent of such person must be obtained
c. No candidate for elective office or a person who has lost his bid for
an elective office
d. No change allowed unless submitted to COMELEC except:
i. Nominee dies
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
ii. Withdraws in writing his nomination
iii. Incapacitated
iv. In which case, the name of the substitute nominee shall be
placed last in the list
NOTE: Incumbent sectoral representatives in the House who are nominated
in the party-list system shall NOT be considered resigned.
NOTE: RA 7941 expressly requires a party-list group to submit a list
containing at least 5 qualified nominees. Failure to submit the list of 5
nominees before election warrants the cancellation of the party-list
registration. It is considered, as a statutory requirement for the registration of
party-list groups and the submission of this list is part of the party’s
continuing compliance with the law to maintain its registration. The party
must prove not only its continued possession of the requisite qualifications
but equally, its compliance with the basic requirements of the law.
QUALIFICATIONS
a) Natural-born citizen
b) Registered voter
c) Resident of PH for at least 1 year immediately preceding the day of election
d) Able to read and write
e) At least 25 y/o on the day of election
f) Youth sector: cannot be older than 30 y/o on the day of election
g) Bona fide member of the party or organization which he seeks to represent
for at least 90 days preceding the day of elections
MANNER OF VOTING
 Every voter entitled to 2 votes
i. Candidate for HR in his legislative district
ii. Vote for the party, organization or coalition he wants represented in
HR, provided that a vote cast for a party not entitled to be voted for
shall NOT be counted
NUMBER
 Party-list representatives shall constitute 20% of the total number of the
members of HR including those under party-list.
PROCEDURE FOR ALLOCATING VOTES
1. Parties, organizations and coalitions shall be ranked from the highest to the
lowest based on the number of votes they garnered during the elections
2. Parties, organizations and coalitions receiving at least 2% of the total votes
cast for the party-list system shall be entitled to one-seat each
a. Provided that those garnering more than 2% of the votes shall be
entitled to additional seats in proportion to their total number of
votes
b. Provided further that each party, organization or coalitions shall be
entitled to not more than 3 seats.
26
 POLITICAL LAW FINALS REVIEWER (2nd half)

 4 Inviolable parameters based on the Constitution and RA 7941 o Religious denominations cannot be registered as a political party.
(Veterans Federation Party vs. COMELEC) But, a religious individual may run in an elective position.
1) The 20% allocation – the combined number of all party-list o Party must not be disqualified under RA 7491
congressmen shall not exceed 20% of the total membership of the o Party must not be an adjunct of an entity or project funded by the
HR (INCLUDING THE PARTY LIST) government
o Party and nominees must comply with the requirements of the law
2) The 2% threshold – Only those parties garnering at least 2% of o Nominee must also represent a marginalized or under-represented
total valid votes cast for the party-list system are qualified to have a sector
seat in the house o Nominee must be able to contribute to the formulation and
o Example: enactment of appropriate legislation that will benefit the nation
o 10M votes cast
o 2% x 10M = 200k CASE: BANAT v COMELEC
o For every 200k = 1 seat  In determining the allocation of seats for party-list representatives under
o But only to the extent of 3 seats. Section 11 of R.A. No. 7941, the following procedure shall be observed:
o What do you do with remaining seats? o The parties, organizations, and coalitions shall be ranked from the
 COMELEC: Give it to unqualified, as is highest to the lowest based on the number of votes they garnered
expected in a democratic society. during the elections
 SC: NO! The issue of democracy lies o The parties, organizations, and coalitions receiving at least 2% of
with congress, not with COMELEC. the total votes cast for the party-list system shall be entitled to one
o The 20 % allocation is merely a ceiling, not mandatory. guaranteed seat each
o Those garnering sufficient number of votes, according to the
3) The 3-seat limit – each qualified party, regardless of the number of ranking in paragraph 1, shall be entitled to additional seats in
votes it actually obtained, is entitled to a maximum of 3 seats proportion to their total number of votes until all the additional seats
o 1 qualifying are allocated
o 2 additional o Each party, organization, or coalition shall be entitled to not more
o To avoid one party-list getting all the seats than 3 seats.
 In computing the additional seats, the guaranteed seats shall no longer be
4) Proportional representation – Additional seats which a qualified included because they have already been allocated, at one seat each, to
party is entitled to shall be computed in “proportion to their total every two-percenter. Thus, the remaining available seats for allocation as
number of votes” “additional seats” are the maximum seats reserved under the Party List
o Formula for additional seats = System less the guaranteed seats.
 2 Steps in 2nd round of allocation:
Votes cast for Qualified Party x Allotted seats for First P o First, the percentage is multiplied by the remaining available seats
Votes cast for First Party (which is the difference between the maximum seats reserved
under the Party-list system and the guaranteed seats of the 2
CASE: Ang Bagong Bayani - OFW Labor Party v COMELEC percenters). The whole integer of the product of the percentage and
 Issue: What do you do with the votes cast for the unqualified party, are the the remaining available seats corresponds to the party’s share in
VALID or STRAY VOTES? the remaining available seats
 HELD: STRAY VOTES. o Second, assign 1 party-list seat to each of the parties next in rank
o RA 7941 expressly provides that votes cast for an Unqualified Party until all available seats are completely distributed.
shall NOT be counted.  Fractional seats are disregarded in the absence of a provision in RA 7941
o The Labo Doctrine is not applicable on disenfranchisement is not allowing for a rounding off of fractional seats.
applicable because the doctrine involves SINGLE elective
positions. CHOOSING PARTY-LIST REPRESENTATIVES
 Guidelines for entitlement of seats  Proclaimed by the COMELEC based on the list of names submitted by the
o Represent marginalized and under-represented sectors respective parties, according to their raking
o Major political parties must comply with this statutory policy
o Party must be subject to the express constitutional prohibition EFFECT OF CHANGE OF AFFILIATION
against religious sects  He shall forfeit his seat
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 27
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Provided that if changes political party or sectoral affiliation within 6 months
before an election, he shall not be eligible for nomination as party-list
representative under his new party or organization.
VACANCY
 Shall be automatically filled by the next representative from the list of
nominees in the order submitted to the COMELEC by the same party who
shall serve the unexpired term. If list is exhausted, the party shall submit
additional nominees.
CONGRESS: Common Provisions
ELECTION
1) Regular
2) Special – elected member shall serve only for the unexpired portion of the
term
SALARIES
1) Determined by law
2) No increase until after the expiration of the full term of all member of
Congress.
PRIVILEGES
1) Freedom from arrest
a. In all offenses punishable by not more that 6 years imprisonment
b. While Congress is in Session
 Reinforced by Art. 145 of the RPC - VIOLATION OF
PARLIAMENTARY IMMUNITY
o Penalty of Prision Mayor shall be imposed upon any person who
shall use force, intimidation, threats or fraud to prevent any
member of National Assembly from attending the meetings of the
Assembly or of any of its committees... from expressing his
opinions or casting his vote.
o Penalty of Prision Correccional shall be imposed upon any public
officer or employee who shall, while the Assembly is in regular or
special session, arrest or search any member thereof except in
case such member has committed a crime punishable by a
penalty higher than prision mayor. (6 years and 1 day to 12 years)
 To reconcile, it must be “a penalty of prision mayor or Higher”
 In Pp v Jalosjos, the SC denied motion that he be allowed to discharge
the duties of a Congressman despite his having been convicted of a
non-baliable offense. The denial was premised on the ff grounds:
 Membership in Congress does not exempt an accused
from statues and rules which apply to validly incarcerated
persons
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 One rationale behind confinement, whether pending
appeal or after final conviction, is public self defense
which State seeks to redress
 It would amount to creation of a privileged class
 Accused is provided with an office at the House with full
staff and an office at the New Bilibid Prison where he
attends to his constituents; he has, therefore, been
discharging his mandate as a member and being a
detainee, he should not even be allowed by prison
authorities to perform these acts
 In Trillanes v Judge Pimentel, the SC reiterated the above ruling
despite his defense that the ruling does not apply to him since he is a
mere detention prisoner and is not charged with a crime involving
moral turpitude. The Court said that presumption of innocence does
not necessarily carry with it the full enjoyment of civil and political
rights.
2) Freedom of Speech and Debate - No member shall be questioned nor be
held liable in any other place for any speech or debate in the congress or in
any committee thereof.
a. Any other place – Even in Courts
b. But if delivered in the Senate or HR, he may be subject to
Disciplinary actions. (Osmena vs. Pendaton)
 Member of Congress may be held to account for such speech or
debate by the HR to which he belongs
DISQUALIFICATIONS
1) Incompatible Office
No Senator or Member of the HR may hold any other office or employment
in the Government or any subdivision, agency, or instrumentality thereof
including GOCC or their subsidiaries during his term without forfeiting his
seat.”
o GR: Forfeiture of the seat shall be automatic upon member’s
assumption of such other office deemed incompatible with his seat
in Congress
o Except: when member holds the other government office in an ex-
officio capacity
NOTE: In Liban v Senator Gordon, petitioners challenged the continued
incumbency of Sec. Gordon as Chairman of PH National Red Cross, saying
that it constituted a violation of this provision. However, the SC declared
several provisions of RA 95 (PNRC’s charter) as unconstitutional, inasmuch
as PNRC was not a government agency or instrumentality.
The Court REVERSED this decision. It then upheld the validity of RA 95. It
ruled that PNRC can neither be classified as an instrumentality of the State,
28
 POLITICAL LAW FINALS REVIEWER (2nd half)

so as not to lose its character of neutrality as well as independence, nor

strictly as a private corporation since it is regulated by international SESSIONS
humanitarian law and is treated as an auxiliary of the State. With that, there
can be no prohibition against Sen. Gordon concurrently holding the position REGULAR SPECIAL JOINT
of PNRC Chairman. Voting Voting
Separately Jointly
2) Forbidden Office Once a year on the Called by the 1. Choosing the Revoke or
4th Monday of July, President at any President extend
Neither shall he be appointed to any office which may have been created or unless a different time, usually to proclamation
the emoluments thereof increased during the term for which he was elected.” date is fixed by law, consider 2. Determine suspending
and shall continue legislative President’s the privilege
o The ban shall last only for the duration of the term for which the for such number of measures which disability of the Writ of
member of Congress was elected. days as it may the president Habeas
determine until 30 may designate in 3. Confirming Corpus or
days before the his call nomination of the placing the
INCOMPATIBLE SEAT FORBIDDEN OFFICE opening of its next VP PH under
Member of Congress may be validly Even if he is willing to forfeit his office, regular session, martial Law
appointed to an incompatible office. he may NOT be appointed. exclusive of 4. Declaring the
But if he accepts, he automatically Saturdays, existence of state
forfeits his seat. Sundays and legal of war
Holidays.
5.Proposing
OTHER INHIBITIONS constitutional
1) Cannot appear as counsel before any: amendments
a. Court of justice
b. Electoral Tribunal
c. Quasi-judicial or administrative Bodies
2) Directly or Indirectly be interested financially in any: ADJOURNMENT of sessions
a. Contract  Neither House during the sessions of Congress shall, without the consent of
b. Franchise the other adjourn for more than 3 days, nor to any other place than that in
c. Privilege Granted by the Government, during his term of office which the 2 Houses shall be sitting.

 He shall not intervene in any matter before any office of the Government for OFFICERS
his pecuniary benefit or where he may be called upon to act on account of 1) Senate President
his office. 2) Speaker of the House
 What is prohibited is PERSONALLY appearing as counsel a. Majority vote of all its respective members
 Upon assumption of Office, he must make a full disclosure of financial and b. Each house shall choose such other officers as it may deem
business interest. necessary
 He must notify the house of any potential conflict of interest that may arise
from the filing of a proposed legislation of which they are authors. QUORUM
 Majority of each House, but a smaller number may adjourn from day to day
and may compel the attendance of absent members in such manner and
under such penalties as such House may determine.
 The basis in determining the existence of a quorum in the Senate shall be
the total number of senators who are in the country and within the coercive
jurisdiction of the Senate.

DISCIPLINE OF MEMBERS

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 29

 POLITICAL LAW FINALS REVIEWER (2nd half)
 House may punish members for disorderly behavior
 Suspend a member with concurrence of 2/3 of all its members for not more
than 60 days or expel a member
 Grounds for disorderly behavior is a political question
 Suspension contemplated in the Constitution (by Congress) is different from
the suspension prescribed in the Anti-Graft and Corrupt Practices Act (by
Courts)
o The latter is not a penalty but a preliminary preventive measure and
is not imposed upon the petitioner for misbehavior as a member of
Congress
o There is a ministerial duty on the part of the Court to issue the order
of suspension upon determination of the validity of criminal
information filed before it
o The doctrine of separation of powers is not deemed to have
effectively excluded the members of Congress from RA 3019 or its
sanctions
RECORDS AND BOOKS OF ACCOUNT
 Preserved and open to the public in accordance with law
 Audited by COA which shall publish annually an itemized list of amounts
paid to and expenses incurred for each member
LEGISLATIVE JOURNAL AND CONGRESSIONAL RECORD
 Matters which, under the constitution are to be entered into the journal
(journal entry)
i. Yeas and nays on 3rd and final reading of a bill
ii. Veto message of the President
iii. Yeas and Nays on the repassing of a bill vetoed by the President
iv. Yeas and Nays on any question at the request of 1/5 of members
present
 These will prevail over Enrolled Bill
o Enrolled Bill Theory
 Duly introduced and finally passed by both Houses
 Authenticated by the proper officers of each
 Approved by the President
o Enrolled bill theory is conclusive upon the courts as regards tenor of
measure passed by Congress and approved by the President
o No need to look into whether the bill was duly or regularly enacted,
by virtue of Separation of Powers.
o Court is bound under the doctrine of Sep. Of powers by the
contents of a duly authenticated measure of the legislature
o GR: Enrolled Bill prevails over Journal Entry
 Except: to matters which, under the Constitution are
required to be entered in the Journal- such as those
enumerated above
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Congressional Record – each House shall also keep a Record of its
proceedings.
ELECTORAL TRIBUNALS
 2 Electoral Tribunals: SET and HRET – 9 members each
COMPOSITION
 3 SC justices – designated by the Chief Justice (Judicial Component)
 6 members of House concerned- chosen on the basis of proportional
representation from political parties registered under the party-list system
represented therein. (Legislative Component)
o Senior justice – Chairman
 HRET is a non partisan-court – independent of Congress and devoid of
partisan influence and consideration.
 Disloyalty to the party and breach of party discipline are not valid grounds for
expulsion
 Members of HRET enjoy security of tenure. GR: their membership may not
be terminated
o Except for a just cause such as:
 Expiration of congressional term
 Death
 Resignation from political party
 Formal affiliation with another party
 Removal
 Other valid grounds
NOTE: Only if the House fails to comply with the directive of the Constitution on
proportional representation of political parties in the HRET and Comm on
Appointments can the party-list representatives seek recourse from this Court through
judicial review. Under the doctrine of primary administrative jurisdiction, prior recourse
to the House is necessary before petitioners may bring the case to the Court.
(Pimentel v HRET)
NOTE: Court cannot order disqualification of Senators-members of SET simply
because they were themselves respondents in the electoral protest. (Abbas v SET)
POWER OF HRET & SET
 Sole judge of all contests relating to the election, returns and qualifications of
their respective members.
 HRET may assume jurisdiction only after the winning candidate shall have
been duly proclaimed, taken his oath, and assumed functions of office
o Ratio: because it is only then that he is said to be a member of the
House
 HRET has jurisdiction to pass upon qualifications of party-list nominees after
their proclamation and assumption of office
30
 POLITICAL LAW FINALS REVIEWER (2nd half)

 Limitation: no matter how complete and exclusive the power of HRET is, it o The heads of the executive departments, ambassadors, other
does not carry with it the authority to delve into the legality of judgment of public ministers and consuls, officers of the armed forces from the
naturalization of a member. Hence there can be no collateral attack on one’s rank of colonel or naval captain, and other officers whose
citizenship. appointments are vested in him in the Constitution;
 Remedy: Decision of HRET reviewable by Certiorari under Rule 65 upon o All other officers of the Government whose appointments are not
showing of grave abuse of discretion otherwise provided for by law;
o Those whom the President may be authorized by law to appoint;
o Officers lower in rank (note: under the 1935 Constitution, it is
COMMISSION ON APPOINTMENTS inferior officers) whose appointments the Congress may by law vest
in the President alone.
 Only LEGISLATIVE COMPONENTS  The first group of officers is clearly appointed with the consent of
 A tool for CHECKS and BALANCES the CoA. Their appointments are initiated by nomination and, if the
 Elected by each House on the basis or proportional representation from the nomination is confirmed by the CoA, the President appoints.
political parties registered under the party-list system represented therein. o The framers of the 1987 Constitution struck a “middle ground”
by requiring the confirmation of the CoA for the first group of
 Chairman shall not vote except in case of a tie
appointments and leaving with the President, without such
 SC: a political party must have at least 2 elected Senators for every seat in
confirmation, the appointment of the other officers.
the Comm on Appointments. Thus, where there are 2 or more political
parties in the Senate, a political party/coalition with a single Senator cannot
constitutionally claim a seat in the Commission. It required that there must
POWERS OF CONGRESS
be at least a majority of the entire membership. (Guingona v Gonzales)
 Determination of party affiliations of a number of senators named in a
1) General (plenary) Legislative Power
petition involves a question of fact, which the Court does not resolve.
2) Power of Appropriation
 Must observe doctrine of primary jurisdiction before petition may be brought
3) Power of Taxation
to Court
4) Power of Legislative Investigation
5) War powers
COMPOSITION (25 Members)
6) Power to act as Board of Canvassers in election of President
 Senate president – ex officio Chairman 7) Power to call for special election for President and VP
 12 senators 8) Power to judge President’s physical fitness to discharge functions of the
 12 members of HR Presidency
9) Power to revoke or extend suspension of the privilege of the writ of Habeas
POWERS Corpus or declaration of Martial Law
 Act on all appointments submitted to it within 30 days of Congress from their 10) Power to concur in Presidential amnesties
submission. 11) Power to concur in treaties or international agreements
 Commission shall rule by a majority vote of its members 12) Power to confirm certain appointments/nominations made by the President
 Shall meet only while congress is in session at the call of chairman or a 13) Power of impeachment
majority of all its members 14) Power relative to natural resources
 The COA is independent of the two Houses of Congress. Its employees are 15) Power to propose amendments to the Constitution
not technically employees of Congress.
 Has the power to promulgate its own rules and regulations
I. General Legislative Power
CASE: Sarmiento v Mison
 The President shall have the power to make appointments during the recess  Power to propose, enact, amend and repeal laws.
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproval by the CoA or until the next Limitations
adjournment of the Congress. a) Substantive
 It is readily apparent that under the aforesaid provision of the Constitution, b) Express
there are 4 groups or officers whom the President shall appoint, which are: o Bill of Rights
o On Taxation
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 31
 POLITICAL LAW FINALS REVIEWER (2nd half)

o Constitutional appellate jurisdiction of the SC B. Three Readings

o No law granting a title of royalty or nobility shall be passed a. No Bill shall become a law unless it has passed 3 readings on
c) Implied separate days and printed copies thereof in its final form have been
o Non-delegation of powers distributed to its members 3 days before its passage.
o Prohibition against passage of irrepealable laws. b. Except when president certifies to its immediate enactment to meet
d) Procedural a public calamity or emergency.
i. Only one subject to be expressed in the title thereof
o Title is not required to be an index of contents of the bill. It is  Bi-Cameral Conference Committee
sufficient compliance if the title expresses the general subject, and o Results may go beyond its mandate.
all the provisions of the statute are germane to that subject. o From the Bi-Cameral Committee, send the bill back to
(Chiongbian v Orbos) Both Houses.
o A law having a single, general subject indicated in its title may o No need to undergo 3 readings
contain any number of provisions, no matter how adverse they may o Subject to votation
be, so long as they are not inconsistent with or foreign to the  If Yeas Prevail
general subject (Tatad v Sec of Energy) o Signed by: Senate President and Speaker of the House
o Requirement is complied with if the title is comprehensive enough o Certified and Transmitted to the President which then
as to include the general object which the statute seeks to effect becomes an enrolled bill
o The one subject/one title rule expresses the principle that the title of  If Nays Prevail
a law must not be "so uncertain that the average person reading it o Bill is not Killed
would not be informed of the purpose of the enactment or put on o Another Bi-cameral Committee is convened to come up
inquiry as to its contents, or which is misleading, either in referring with the version applicable to Both Houses
to or indicating one subject where another or different one is really
embraced in the act, or in omitting any expression or indication of C. Approval of Bills
the real subject or scope of the act. (Imbong v Ochoa) o Bill becomes a law in any of the following cases:
o Rider – provision not germane to the subject matter of the bill i. President approves and signs the Bill
o Liberal Interpretation on Titles- Need not be an Index, otherwise a ii. When Congress overrides the Presidential veto
Kilometric Title will result.  If the President disapproves the bill, he shall return
o Purpose of Titles: the same, with his objections thereto contained in
 Prevents Riders his Veto Message to the House of origin
 Prevents Hodge podge or Log Rolling  The veto is overriden upon a vote of 2/3 of all
 Apprise People of Subject of Legislation members of the House of origin and the other
House
ii. Three readings on separate days – except when President certifies to  There is no Pocket Veto
its immediate enactment to meet a public calamity or emergency  Pocket Veto - Available in American Government
where the President does not act and congress
Legislative Process adjourns, in which case the bill does not become a
A. Requirements as to bills law.
a. Only one subject to be expressed in the title thereof iii. When the President fails to act upon the bill for 30 days
b. The following shall always originate from HR: from receipt thereof, the bill shall become a law as if he
i. Appropriation had signed it
ii. Revenue/ Tariff Bills
iii. Bills authorizing increase of public debt  Two Kinds of Veto
iv. Bills of local application o General Veto
v. Private Bills o Line/Item/Partial Veto – President cannot veto a part of an
item in an appropriation bill while approving the remaining
NOTE: Senate has the power to concur with amendments. Even portion of the item
Amendments by substitution. Only the BILL must originate from the HR.  GR: Invalid
(Tolentiono vs. Secretary of Finance)  Except: for particular items in an appropriation,
revenue or tariff bill
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 32
 POLITICAL LAW FINALS REVIEWER (2nd half)
o Legislative/Congressional veto – means whereby the
Legislature can block or modify administrative action taken
under a statute. It is a form of legislative control in the
implementation of particular executive action. It is subject
to serious questions involving principle of separation of
powers. The form may be negative or affirmative.
 Negative – subjecting the executive action to
disapproval by Congress
 Affirmative – requiring approval of executive
action by Congress
NOTE: Doctrine of Inappropriate Provision - Congress cannot
include in a general appropriations bill matters that should be more
properly enacted in separate legislation, and if it does that, the
inappropriate provisions inserted by it must be treated as "item",
which can be vetoed by the President in the exercise of his item-
veto power.
 Effects of Veto
o Does not become a Law
o Send back to original House with objection
II. Power of Appropriation
 The power of the purse belongs to Congress, subject only to the veto
power of the president
 President proposes the budget but the final say on matter of
appropriation is lodged in Congress
 Power of appropriation carries with it the power to specify the project or
activity to be funded under the appropriation law. It can be as broad as
Congress wants it to be.
A. Need for appropriation
 No money shall be paid out of the Treasure except in pursuance of an
appropriation made by law.
CASE: COMELEC v Judge Padilla
 The existence of appropriations and availability of funds are
indispensable requisites to, or conditions sine qua non for, the
execution of government contracts
 No rule of law is better settled than that mandamus does not lie to
enforce the performance of contractual obligations. There are
other adequate remedies in law. Moreover, worth stressing is the
judicial caution that mandamus applies as a remedy only where
petitioner's right is founded clearly in law and not when it is
doubtful. The alleged contract, relied upon by Photokina as source
of its rights which it seeks to be protected, is being disputed, not
only on the ground that it was not perfected but also because it is
illegal and against public policy.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
NOTE: DAP Issue – DAP is constitutional. Funds which were already
appropriated were merely being realigned through DAP. However,
such realignment must be made only “within their respective offices”.
Thus, no cross-border transfers or augmentations may be allowed.
Under the DAP, this was violated because funds appropriated by the
GAA for the Executive were being transferred to the Legislative and
other non-Executive agencies. The transfers were held to be
unconstitutional.
B. Appropriation Law
 Statute, the primary and specific purpose of which is to authorize the
release of public funds from the Treasury
 2 requisites:
a) Sets apart a determinate or determinable amount of money and
b) Allocates the same for a particular public purpose
 If both are present and written into law, then it demonstrates that the
legislative intent to appropriate exists
 No particular form of words or religious recital in which an appropriation
by Congress shall be made except that “it be made by law”
 Appropriation measure is sufficient if the legislative intention clearly and
certainly appears from the language employed
C. Classification
 General appropriation law – passed annually to provide for the financial
operations of the entire government during one fiscal period
 Special appropriation law – designed for a specific purpose
D. Implied (extra constitutional) limitations on appropriation measures
 Appropriation must be devoted to public purpose
 Sum to be released must be determinate or at least determinable
E. Constitutional limitations on Special Appropriation measures
o Specify public purpose for which sum is intended
o Supported by funds actually available as certified by
National Treasurer or to be raised by a corresponding
revenue proposal
F. Constitutional Rules on General Appropriations Law
o Congress may not increase the appropriations
recommended by the President
o The form, content and manner of preparation of the budget
shall be prescribed by law
o No provision or enactment shall be embraced unless it
relates specifically to some particular appropriation
 Intended to prevent riders or irrelevant provisions included in the bill to
ensure its approval
o Strictly follow the procedure for approving appropriations
for other departments and agencies
 Intended to prevent sub rosa appropriation by Congress
33
 POLITICAL LAW FINALS REVIEWER (2nd half)

 Sub rosa appropriation - wherein a special appropriations measure is done a. Legislative veto
even though the funds are not available b. Power to punish contempt
o Prohibition against transfer of appropriation 4) War powers
 Members of Congress only determine the necessity of realignment of 5) Power to act as Board of Canvassers in election of President
savings in the allotments for their operational expenses because they are in 6) Power to call for special election for President and VP
the best position to do so, being knowledgeable of the savings available 7) Power to judge President’s physical fitness to discharge functions of the
o Prohibition against appropriation for sectarian benefit Presidency
o Discretionary funds 8) Power to revoke or extend suspension of the privilege of the writ of Habeas
o Automatic reappropriation Corpus or declaration of Martial Law
9) Power to concur in Presidential amnesties
G. Impoundment of funds 10) Power to concur in treaties or international agreements
 Refusal by the president for whatever reason to spend funds 11) Power to confirm certain appointments/nominations made by the President
made available by congress. Failure to spend or obligate 12) Power of impeachment
budget authority of any type. 13) Power relative to natural resources
14) Power to propose amendments to the Constitution
H. Appropriation reserves
 Authorizes Budget Secretary to establish reserves against
appropriations to provide for contingencies and emergencies Legislative Scrutiny
which may arise during the year a. Budget Hearing
b. Question Hour
I. The Pork Barrel System  Heads of Department may upon their own initiative, with
 Collective body of rules and practices that governs the manner the consent of the President or upon request of either
by which lump-sum, discretionary funds, primarily intended for House, appear before and be heard by such House on any
local projects, are utilized through respective participations of matter pertaining to their departments.
Legislative and Executive branches, including its members  Written questions shall be submitted to the President of
 Unconstitutional the Senate of Speaker of the House at least 3 days before
o Congressional pork barrel – violates principle of non- their scheduled appearance.
delegability of legislative power  Interpellations shall not be limited to written questions, but
o Presidential pork barrel – constitutes undue may cover matters related thereto
delegation of legislative power  When the security of the State or public interest so
requires, the appearance shall be conducted in executive
session
III. Power of Taxation
Limitations Power to conduct inquiries in aid Power to conduct a question hour
 Uniform and equitable. Progressive system of Taxation. of legislation
 Charitable institutions etc. All lands, buildings ADE used for religious, To elicit information that may be used To obtain information in pursuit of
charitable, or educational purposes exempt from taxation for legislation Congress’ oversight function
 All revenues, assets on non-stock, non-profit educational institutions used
ADE for educational purposes exempt from taxes and duties
 Law granting tax exemption shall be passed only with the concurrence of the o Own initiative – Borrowed from the Parliamentary form of
majority of all the members of Congress. Government
 GR: Executive Officers or Cabinet Members may validly refuse to appear if
called by Congress without the consent of the President. This is not
IV. Congressional Oversight Power mandatory.
1) Legislative Scrutiny o Except: when inquiry in which Congress requires appearance is “in
a. Budget Hearing aid of legislation” (mandatory)
b. Question Hour  When Congress exercises power of inquiry, the only way for department
2) Power of Legislative Investigation heads to exempt themselves is by valid claim of executive privilege
3) Legislative supervision
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 34
 POLITICAL LAW FINALS REVIEWER (2nd half)
o They are not exempt by the mere fact that they are department
heads
o Only 1 executive official may be exempted from this power – the
President, on whom executive power is vested, hence, beyond the
reach of Congress except through power of impeachment
 Confirmation of Appointments - Nomination made by the President in the
event of a vacancy in the office of VP, from among the members of
Congress confirmed by a majority vote of all the members of both houses of
Congress, separately.
Power of Legislative Investigation
 Congress may conduct inquiries in aid of legislation, in accordance with duly
published rules of procedure.
 Rights of persons appearing therein or affected by such inquiry shall be
respected.
 You cannot expect congress to enact good laws if you deny it the power to
investigate.
 Even if this is not found in the Constitution, the power still exists as it is
Inherent (Arnault vs. Nazareno)
 Limitations:
o In aid of legislation
o In accordance with duly published rules of procedure
o Rights of persons appearing in or affected by such, inquiry shall be
respected
 Rational basis relationship test - there is no infringement of
the individual’s right to privacy as the requirement to
disclosure information is for a valid purpose. Suffice it to
state that this purpose constitutes a reason compelling
enough to proceed with the assailed legislative
investigation
CASE: Bengzon v Senate Blue Ribbon Committee
 The power of both houses to conduct inquiries us not absolute
or unlimited, its exercise is circumscribed by the provision of
the constitution that the investigation must be in aid of
legislation in accordance with the rules of the congress and
that the rights of the person under investigation must be
respected.
 In the case of Arnault v. Nazareno, the court rules that the
inquiry must be material or necessary to the exercise of a
power vested by the constitution, such as the power to legislate
or expel a member. The power of congress to conduct
investigations is inherent in the legislative process; that power
is broad. But broad as it is, there is no general authority to
expose the private affairs of individuals without justification in
terms of functions of congress.
 Since congress can investigate only those areas which it may
potentially legislate or appropriate, it cannot inquire into
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
matters which are within the exclusive province of the other
branches of the government.
Legislative Supervision
 Scrutinize exercise of delegated law-making and permits the Congress to
retain such power
 Exercised through:
o Legislative Veto – the legislature can block or modify administrative
action taken under a statute. May be negative or affirmative.
Subject to serious questions involving the principle of separation of
powers.
o Power to Punish contempt - may include imprisonment, for the
duration of the session. Senate being a continuing body, may order
imprisonment for an indefinite period, but due process and equal
protection will have to be considered
 Cannot be pardoned – by virtue of separation of powers
War Powers
 Vote of 2/3 of both Houses in joint session assembled, voting separately,
may declare existence of a state of war.
Board of Canvassers in election of President
 Congress may validly delegate the initial determination of the authenticity
and due execution of the certificates of canvass to a joint Congressional
Committee composed of The HR and of the Senate.
Power to call special election for President and Vice president
Power to judge President’s physical fitness to discharge the functions of the
Presidency
Power to revoke or extend suspension of the privilege of the Writ of Habeas
Corpus or declaration of martial law
Power to concur in presidential amnesties. Concurrence of majority of all the
members of congress.
Power to concur in treaties or international agreements
 Concurrence of at least 2/3 of all the members of the Senate
Power to confirm certain appointments/nominations made by the President
 Nomination made by President in the event of vacancy in the Office of the
VP, from among the members of Congress, confirmed by a majority vote of
all Members of both Houses of Congress, voting separately
 Nominations made by President under Sec. 16, Art. 7, confirmed by Comm
on Appointments
35
 POLITICAL LAW FINALS REVIEWER (2nd half)

Power of Impeachment
IV. EXECUTIVE DEPARTMENT
Power relative to natural resources
Article 7. Section 1. The executive power shall be vested in the President of the
Power to propose amendments to the Constitution Philippines.

 It is a source of all inherent powers

 Political authority of the President is the People
CASE: Ligot v Mathay
 “That the increased compensation provided by RA 4134 is not operative until HISTORY
December 30, 1969 when the full term of all members of the Senate and  US Constitutional Convention of 1787 -> Biak-na-Bato -> Malolos -> 1935,
House that approved it on June 20, 1964 will have expired" by virtue of the 1973, 1987
constitutional mandate in Section 14, Article VI of he 1935 Constitution which
provides that "No increase in said compensation shall take effect until after  Single Executive: Monarchy
the expiration of the full term of all the members of the Senate and of the  Plural Executive
House of Representatives approving such increase."
Qualifications in US:
CASE: Aksyon Magsasaka v COMELEC  President: 35 y/o, 14 years residency, max of 2 terms (before no limit)
 There are two steps in the second round of seat allocation. First, the  VP
percentage is multiplied by the remaining available seats, 38, which is the  Speaker
difference between the 55 maximum seats reserved under the Party-List  Senate President
System and the 17 guaranteed seats of the two-percenters. The whole
 Secretary of State
integer of the product of the percentage and of the remaining available seats
corresponds to a party's share in the remaining available seats. Second, we
THE PRESIDENT
assign one party-list seat to each of the parties next in rank until all available
seats are completely distributed. We distributed all of the remaining 38 seats
QUALIFICATIONS
in the second round of seat allocation. Finally, we apply the three-seat cap to
a) Natural Born
determine the number of seats each qualified party-list candidate is entitled.
b) Registered Voter
c) Able to read and write
d) At least 40 on the day of election
e) Resident of the Philippines for 10 years immediately preceding such election

ELECTION
a) Regular- 2nd Monday of May
b) Congress as the canvassing board

 Election returns duly certified by board of canvassers of each province

or city shall be transmitted to congress
 Senate President to receive such returns
 Congress must open the certificates of canvass within 30 days after
election day
 In case two or more candidates shall have an EQUAL and highest
votes, one of them shall be chosen by a MAJORITY vote of ALL the
members of the Congress
 COMELEC cannot proclaim all winning candidates for President and
Vice President

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 36

 POLITICAL LAW FINALS REVIEWER (2nd half)

 Congress may delegate the initial determination of authenticity and due
execution of the certificates of canvass to a JOINT CONGRESSIONAL
COMMITTEE
 Congress may continue with canvassing even after it has adjourned its
session and without any call for a special session
 COMELEC cannot undertake a separate and an unofficial tabulation of
results
 If the COMELEC is proscribed from conducting an official canvass of the
votes cast for the President and Vice-President, the COMELEC is, with
more reason, prohibited from making an “unofficial” canvass of said
votes.
c) Supreme Court as Presidential Election Tribunal
 Sole judge of all contest relating to:
o Election;
o Returns; and
o Qualifications
Immunity from suit
 President may not be prevented from instituting a suit
 After his tenure-can no longer invoke immunity for civil damages arising out
of acts done by him while he was President which were not performed in the
exercise of official duties.
 Presidential immunity from suit exists only in concurrence with the
president’s incumbency.Conversely, this presidential privilege of immunity
cannot be invoked by a non-sitting president even for acts committed during
his or her tenure
 DECS Secretary cannot invoke immunity as an alter ego of the Presiding for
acts of the department
 The President of the United States can be involved in a lawsuit during his
tenure for actions not related to his official duties as President. It was an
abuse of discretion of the District Court to order a stay of this lawsuit until
after the President’s tenure. The District Court’s decision to order a stay was
premature and a lengthy and categorical stay takes no account whatsoever
of the Respondent’s interest in bringing the suit to trial.

 PET not a separate and distinct entity from the Supreme Court,
albeit it has functions peculiar only to the Tribunal
 Poe-Llamanzares v COMELEC: Cancel COC or deny due course
(COMELEC dati) PET(because of this case)
 Defensor-Santiago: the moment you file to run for another position
pending the case in PET- pending action is deemed abandoned
TERM OF OFFICE
 6 years (1935: 6 years, 1973: 2 terms)
 No re-election, includes those who succeed as President who served from
more than 4 years.
OATH OF OFFICE
 “So Help Me God: - added by George Washington
Executive Privilege
 Right of the President and high level executive branch officials to withhold
information from Congress, the Courts, and the Public
 Closed door cabinet meetings cannot be pried open by a co-equal body
 Highly recognized in cases where the subject of inquiry relates to a power
textually committed by the Constitution o the President
 Necessity of withholding high degree as to outweigh the public interest
 Covers quintessential and non delegable power
 If what is involved is the presumptive privilege of presidential
communications when invoked by the President on a matter clearly within
the domain of the Executive, the said presumption dictates that the same be
recognized and be given preference or priority, in the absence of proof of a
compelling or critical need for disclosure by the one assailing such
presumption.

PRIVILEGES PROHIBITIONS AND INHIBITIONS

a) Official residence  Par. A to D applies to VP
b) Salary  Par. B to D applies to Cabinet Members, their deputies and assistants
c) Immunity from suit
d) Executive privilege
a) Not received any other emoluments from the gov’t or other source
Official Residence
 Malacanang
 VP may be appointed to the Cabinet without need of confirmantion
Salary  Designation as an Officer-In-Charge Administrator of Marina while being a
 Cannot be decreased during tenure DOTC Undersecretary
 No increase shall ake effect until the expiration of the term of the incumbent o The prohibition under Section 13, Article VII however, is not to be
during which such increase was approved interpreted as covering positions held without additional
compensation in ex-officio capacities as provided by law and as
required by the primary functions of the concerned official's office.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 37
 POLITICAL LAW FINALS REVIEWER (2nd half)
 But still prohibited from receiving any compensation
b) Shall not hold any other office of employment. Unless, provided by the
Constitution
c) Shall not directly or indirecty practive any other profession or participate in
any business or be financially interested in any contract with a franchise or
special privilege granted by the gov’t
d) Strictly avoid conflict of interest
e) May not appoint SPOUSE, RELATIVES by consanguinity or affinity within
the 4th civil degree as Members of CON COM, Ombudsman,
SECRETARIES, UNDERSER, CHAIRMEN, HEADS OF BUREAU
 It has been held that "in cases where there is no de jure, officer, a de facto
officer, who, in good faith has had possession of the office and has
discharged the duties pertaining thereto, is legally entitled to the emoluments
of the office, and may in an appropriate action recover the salary, fees and
other compensations attached to the office.
 This doctrine is, undoubtedly, supported on equitable grounds since it seems
unjust that the public should benefit by the services of an officer de facto and
then be freed from all liability to pay any one for such services.
 Any per diem, allowances or other emoluments received by the respondents
by virtue of actual services rendered in the questioned positions may
therefore be retained by them
RULES ON SUCCESSION
a) Vacancy at the beginning of the term
a. Death or disability of President-elect-VP Elect shall become
president
b. President-elect fails to qualify-VP Elect shall act until President-
elect shall have qualified
c. President not chosen-VP-elect shall act as president until a
president shall have been chosen and qualified
d. No P and VP chosen, qualified, or have died: Senate President, if
not, then House Speaker. If none, the Congress shall by law
provide for the manner in which one is to act as President shall be
selected.
QUALIFICATIONS
b) Vacancy during the term
a. Death, Permanent disability, removal, or resignation - VP shall
become President
b. Death, Permanent disability, removal, or resignation of P and VP –
Senate President, in case of disability, Speaker of HR shall act as
President until a P or VP shall be elected and qualified. Congress
by law, shall provide for the manner in which one is to act as
President in the event of inability of the officials mentioned above.
VACANCY/TERMS OF OFFICE
 Elements of Valid Resignation:
o Intent to Resign
o Acts of relinquishment
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
c) Temporary disability
a. President transmits to the Senate President and the Speaker of the
House his written declaration that he is unable to discharge the
powers and duties of his office and until he transmits to them a
written declaration to the contrary: such powers and duties shall be
discharged by the VP.
b. Majority of all the members of the Cabinet transmit to the Senate
President and the Speaker their written declaration that the
President was unable to discharge the powers and duties of his
office. But when the president himself in a written declaration that
no inability exists, he shall reassume powers.
c. If within 5 days, the majority of the members of the cabinet
transmit within 5 days to the Senate President and Speaker that the
President is unable to discharge his duties, the Congress shall
decide the issue.
d. Congress shall convene within 48 hrs if not in session
e. 2/3 votes of both house voting separately
d) Constitutional Duty of Congress in case of vacancy in the office of the
P and VP
a. 10AM on the 3rd day after the vacancy occurs, Congress shall
convene
b. Enact a law within 7 days calling for special election
c. To be held not earlier than 45 but not later than 60 from the time of
call
d. Bill shall be deemed a law and certified upon approval on the 3rd
reading by Congress
e. Convening cannot be suspended nor the special election be
postponed
f. No special election if the vacancy occurs within 18 months before
the date of the next presidential election.
1. Removal of the President. Impeachment
THE VICE-PRESIDENT
a) Natural Born
b) Registered Voter
c) Able to read and write
d) At least 40 on the day of election
e) Resident of the Philippines for 10 years immediately preceding such
election.
 6 years. But no VP shall server for more than 2 successive terms.
 In case of vacancy, President shall nominate a Vice president from among
the members of the Senate and the HR who shall assume office upon
38
 POLITICAL LAW FINALS REVIEWER (2nd half)

confirmation by a majority vote of all the members of both Houses of  Designation - imposition of additional duties.
Congress voting separately.  Commission – written evidence of appointment

CLASSIFICATION OF APPOINTMENTS
POWER OF THE PRESIDENT
 Permanent v Temporary Appointment
 Not limited to the provisions of the Constitution
Permanent Temporary
1) Executive power Extended to persons Given to persons without
2) Power of appointment possessing the qualifications eligibility, revocable at will and
3) Power of removal and requisite eligibility and without the necessity of just
4) Power of control are thus protected by security cause or a valid investigation
5) Military powers of tenure. made on the understanding
6) Pardoning power that the appointing power has
7) Borrowing power not yet decided on a
8) Diplomatic power permanent appointee and
9) Budgetary power that the temporary appointee
10) Informing powers may be replaced at any time a
11) Other powers permanent choice has been
a. Call Congress to a special session made
b. Power to approve or veto bills
c. Consent to deputation of government personnel by COMELEC  Temporary appointment and a designation are not subject to confirmation
d. Discipline such deputies by the COA
e. Emergency powers, tariff powers delegated by Congress
f. Power of General Supervision over LGUs and autonomous regional  Regular v Ad interim
governments
g. Unstated residual powers (Marcos v Manglapus) Regular Ad interim “in the meantime”
h. Power of impoundment One made by the One made by the president while congress
president while is not in session,
Congress is in
1) Executive Power session Takes immediately, but ceases to be valid if
 Power to enforce and administer laws disapproved by the Commission
 Duty to faithfully execute the relevant laws Takes effect only Appointments or upon the next adjournment
 President cannot determine the validity of a law after confirmation by Congress.
 Duty to execute the laws until declared unconstitutional by the judiciary the Commission
on Appointments. Ad interim appointments are permanent
Authority to Reorganize the Office of the President by virtue of Admin Code of appointment
1987(EO292) Once approved
Sec. 31(1) President Proper Sec. 31(2)(3) Office of the President continues until the Takes effect immediately and cannot be
Proper end of term of the withdrawn once appointee has qualified into
Abolishing, Consolidating, or Limited to merely transferring functions appointee office
Merging units from one unit to or agencies from the office of the
another President to Departments or Agencies Can be terminated for two causes:
and Vice Versa a. disapproval of COA
b. adjournment by Congress without the
2) Power of Appointment COA acting on the appointment
 Appointment - the selection, by the authority vested with the power, of an
individual who is to exercise the functions of a given office. If COA disapproves the appointment –
appointee can no longer be extended a new
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 39
 POLITICAL LAW FINALS REVIEWER (2nd half)
appointment
If by passed, there is no final decision by
COA. Hence, the President is free to renew
the ad interim appointment
 Officials who are to be appointed by the President subject to approval by
COA.
APPLICABLE ONLY WHEN APPOINTMENT REQUIRES CONFIRMATION
 The ff are provided for by the Constitution:
a. Heads of Executive Departments
i. Except VP
b. Ambassadors or other public ministers and consuls
c. Officers of the armed forces from the rank or colonel or naval
captain
i. Not applicable to PNP, as the same is under the DILG
ii. Officers of Philippine Coast need not require confirmation.
PCG now under DOTC-a civilian agency
d. Those other officers whose appointments are vested in him in the
Constitution. (Sarmiento vs. Mison) - Such as:
i. Members of the Constitutional Commission
ii. 4 regular members of the JBC
1. Customs commissioner needs no confirmation
by COA
2. The enumeration is exclusive, congress may not
amend to add/ reduce.
 Officers whose appointments are not provided by law
 Those who may be authorized by law to appoint
AD INTERIM APPOINTMENT
 President cannot appoint interim chair of the COMELEC
 An ad interim appointee who has qualified and assumed office becomes at
that moment a government employee and therefore part of the civil service.
He enjoys the constitution protection that “[n]o officer or employee in the civil
service shall be removed or suspended except for cause provided by law.”
Thus, an ad interim appointment becomes complete and irrevocable once
the appointee has qualified
 The withdrawal or revocation of an ad interim appointment is possible only if
it is communicated to the appointee before the moment he qualifies, and any
withdrawal or revocation thereafter is tantamount to removal from office.
 An ad interim appointment can be terminated for two causes specified in the
Constitution. The first cause is the disapproval of his ad interim appointment
by the Commission on Appointments. The second cause is the adjournment
of Congress without the Commission on Appointments acting on his
appointment. These two causes are resolutory conditions expressly imposed
by the Constitution on all ad interim appointments. These resolutory
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
conditions constitute, in effect, a Sword of Damocles over the heads of ad
interim appointees
 While an ad interim appointment is permanent and irrevocable except as
provided by law, an appointment or designation in a temporary or acting
capacity can be withdrawn or revoked at the pleasure of the appointing
power. A temporary or acting appointee does not enjoy any security of
tenure, no matter how briefly. This is the kind of appointment that the
Constitution prohibits the President from making to the three independent
constitutional commissions, including the COMELEC
 A disapproved ad interim appointment cannot be revived by another ad
interim appointment because the disapproval is final under Section 16,
Article VII of the Constitution, and not because a reappointment is prohibited
under Section 1 (2), Article IX-C of the Constitution.
 A by-passed ad interim appointment can be revived by a new ad interim
appointment because there is no final disapproval under Section 16, Article
VII of the Constitution, and such new appointment will not result in the
appointee serving beyond the fixed term of seven years.
STEPS IN APPOINTING PROCESS
1) Nomination
2) Confirmation
3) Issuance of Commission
4) Acceptance
 Deemed complete only upon acceptance
 Pending acceptance appointment may still be validly withdrawn
 Appointment cannot be forced upon any citizen
EXCEPT: for purposes of defense of state
REQUISITES OF A VALID APPOINTMENT
 The following elements should always concur in the making of a valid (which
should be understood as both complete and effective) appointment:
(1) Authority to appoint and evidence of the exercise of the authority;
(2) Transmittal of the appointment paper and evidence of the transmittal;
(3) A vacant position at the time of appointment; and
(4) Receipt of the appointment paper and acceptance of the appointment by the
appointee who possesses all the qualifications and none of the
disqualifications. The concurrence of all these elements should always
apply, regardless of when the appointment is made, whether outside, just
before, or during the appointment ban.
DISCRETION OF APPOINTING AUTHORITY
 Appointment is essentially a discretionary power and must be performed by
the officer in which it is vested according to his best lights, the only condition
being that the appointee should possess the minimum qualifications.
40
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Discretion also includes determination of the nature or character of the
appointment.
 Congress through a law cannot impose on the President the obligation to
appoint automatically the undersecretary as her temporary alter ego.
SPECIAL CONSTITUTIONAL LIMITATIONS ON APPOINTING POWER
(1) Nepotism - may not appoint his spouse and relatives by consanguinity or
affinity within the fourth civil degree as Members of the Constitutional
Commissions, as ombudsman, or as Secretaries, undersecretaries,
chairmen or heads or bureaus or offices, including GOCC
(2) Appointments by ACTING president shall remain effective unless revoked by
the ELECTED president within 90 days from his assumption of office
(3) 2 months immediately before the next presidential elections, and up to the
end of his term, a President or acting President shall NOT make
appointments except temporary appointments to executive positions
when continued vacancies will prejudice public service or endanger public
safety
The prohibition is directed against 2 appointments:
(1) Buying Votes – The so-called Midnight Appointments
(2) Partisan Consideration - pre-empting the president of prerogative of
incoming president
 Provision only applies to Presidential appointments. Local executive official
is not prohibited from making appointments during the last days of their
tenure
 Prohibition does not apply to appointment of members of the Supreme Court
 Presidential power of appointment may be limited y the congress through its
power to prescribe qualifications for public office
 Judiciary may annul the appointment if the appointee is not qualified or has
not been validly confirmed
 In Garfill, the Court upheld the validity of EO No. 2 by President Aquino
recalling withdrawing, and revoking appointments issued by President
Macapagal-Arroyo which violated the constitutional ban on midnight
appointments.
 The only known exceptions to this prohibition are:
o Temporary appointments in the executive positions when continued
vacancies will prejudice public service or endanger public safety;
o Appointments to the Judiciary
3) Removal Powers
 General Rule: Implied from the power of appointment. For cause and in
accordance with prescribed administrative procedure.
o Exception: When constitution prescribes certain methods for
separation of such officers from public service.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Members of the career service of the Civil Service appointed by the
President may be directly disciplined by him, provided that the same is for a
cause and in accordance with the procedure prescribe by law
 Members of the Cabinet and other officers whose continuity in office
depends upon the pleasure of the president may be replaced any time
 Alexander Hamilton: energy in the executive is the very definition of good
governance
o Source of power of the executive is the people
o Most potent section: “power vested in the president”
4) Power of Control
 Control – power of an officer to alter or modify or nullify or set aside what a
subordinate officer had done in the performance of his duties and to
substitute his judgment for that of the latter’s.
 Supervision – overseeing, or the power or authority of an officer to see that
subordinate officers perform their duties and if the latter fail or neglect to
fulfill them, then the former may take such action or steps as prescribed by
law to make them perform these duties.
Authority to organize the executive department(Sec 31, Admin Code):
a. Restructure the internal organization of the Office of the President by
abolishing, consolidating, or merging units thereof or transferring
functions, from one unit to another; and
b. Transfer functions or offices from the Office of the President to any
other Department or Agency in the Executive branch and vice versa.
 President can remove exclusive printing jurisdiction of the National Printig
Office. He can also limit the appropriations of the NPO
 President has the power to reorganize the executive branch incidentally
include such abolition
 President must exercise good faith in carrying out the reorganization of any
branch or agency if it is for the purpose of economy or to make bureaucracy
to be more efficient
 Evidence of Bad Faith:
o Significant increase in the number of positions in the new staffing
pattern
o Office is abolished and another performing substantially the same
function is created
o Where incumbents are replaced by those less qualified in terms of
status of appointment, performance and merit
o When there is classification of Offices in the department or agency
concerned and the reclassified offices perform substantially the
same functions as the original offices
o Removal violates the order of separation
41
 POLITICAL LAW FINALS REVIEWER (2nd half)

ALTER EGO PRINICPLE c) The power to organize courts martial for the discipline of the members of the
“Doctrine of qualified political agency” recognizes: armed forces, create military commissions for the punishment of war
 The establishment of a single executive and administrative organizations are criminals
adjuncts of the Executive Department; i. Olaguer Doctrine: Court martial cannot try civilians when civil
 The heads of the various executive departments are assistants and agents courts are open and functioning
of the Chief Executive ii. But RTC cannot divest General Court Martial of Jurisdiction over
o Except in cases where Chief executive is required by the those charged with violations of Articles of War
constitution or law to act in person or the exigencies of the situation i. An officer whose name was dropped from the roll of
demand that he act personally, the administrative functions are officers are still within the jurisdiction of military authorities
performed by and through the executive departments and the acts where military proceedings were initiated before the
of the Secretaries of such departments performed and promulgated termination of his service.
in the regular course of business are, unless disapproved or ii. Members of the PNP are not within the jurisdiction of
reprobated by the Chief Executive presumptively the acts of the military courts
Chief executive.
 President may exercise powers conferred by law upon Cabinet members or Calling Out Powers Suspension of the Martial law
other subordinate executive officers Privilege of the Writ of
 Power of the President to reorganize may validly be delegated. Habeas Corpus
 But, although an alter ego, DECS Sec. cannot invoke President’s immunity Grounds: Grounds: Grounds:
from suit. The questioned acts are not acts of the President 1) Lawless violence 1) Invasion and when 1) Invasion and when
 Alter ego cannot be charged with partisan activities 2) Invasion public safety requires public safety requires
 Appeal to the President from decisions of subordinate completes the 3) Rebellion 2) Rebellion and when 2) Rebellion and when
exhaustion of administrative remedies public safety requires public safety requires
o Except when doctrine of qualified political agency applies, in which
case the decision of the cabinet secretary carries the presumptive Durations: 60days, Duration: 60days
approval of the President., and there is no need to appeal the the Congress may lift or
decision to the President in order to complete the exhaustion. extend it after the said
 Power of Control may only be exercised over the acts and not over the actor. period.
 Power of Conrol of Justice Sec. over prosecutors.
Political question, sole Justiciable Question Justiciable questions
5) The Military Powers discretion of the President
 The President shall be the commander in chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such CALLING-OUT POWERS
armed forces to prevent or suppress lawless violence, invasion or rebellion.  Involves ordinary police action
In cases of invasion or rebellion, when the public safety requires is, he may,  Every act that goes beyond the President’s Calling out power is ultra vires
for a period not exceeding 60 days, suspend the privilege of the writ of  President has discretionary authority to declare a state of rebellion
habeas corpus or palce the Philippines or any part thereof under martial law.  Authorities may only resort to warrantless arrest of persons suspected of
rebellion
COMMANDER-IN-CHIEF CLAUSE  Only gives the nation that such state exists and the armed forces may be
a) The president shall be the commander in chief of the Philippines. called to suppress it
i. Ability of the President to require a military official to secure prior  Governor is not endowed with powers to call out the armed forces
consent before appearing in congress
ii. Most crucial to the democratic way of life, to civil supremacy over SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HC
the military, and to the general stability of our representative system  President must report in writing or personally to the Congress within 48
of government. hours
b) To call out such armed forces to prevent or suppress lawless violence,  Congress may revoke or extended(upon request of the President)the
invasion or rebellion effectivity of the proclamation by a majority vote of all of its members, voting
jointly.

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 42

 POLITICAL LAW FINALS REVIEWER (2nd half)

 SC may review, in a proceeding filed by any citizen, the sufficiency of factual Pardon Commutation Reprieve Parole Amnesty
basis of the proclamation. Decision must be promulgated within 30 days Act of grace Reduction or Postponement Release from Act of grace
from filing. which Mitigation of of execution of imprisonment concurred in
 Will not impair right to bail exempts the Penalty death penalty. but without full by the
individual on restoration of legislature,
 Suspension shall only apply to persons judicially charged for rebellion or whom it is liberty. usually
offenses inherent in or directly connected with invasion. bestowed extended to
 During suspension, any person arrested or detained shall be judicially from Remit fines. No GROUPS of
charged within 3 days, otherwise shall be released. punishments treaty or persons who
international committed
MARTIAL LAW President agreement political
cannot grant shall be valid offenses,
 State of martial law does not suspend the operation of the constitution, nor
pardon on and effective which puts
supplant the functioning of the civil courts or legislative assemblies disciplined unless into oblivion
 Does not automatically suspend the privilege of the writ judges as concurred in by the offense
 Same constitutional limitations with suspension of the privilege of the writ of this is an at least 2/3 of itself.
HC encroachme all the
 Validity of the President’s proclamation of Martial law and suspesnsion of nt of the members of the No need for
the privileged of the writ is first a political question in the hands of the power of the SENATE conviction by
SC. final
congress and becomes a justiciable question in the hands of the Court. judgment

- In Section 18 Article VII of the Constitution, in the exercise of the Totally

power to suspend the privilege of writ of habeas corpus or to extinguishes
impose martial law, two conditions must concur: criminal
(1) There must be an actual invasion or rebellion, and liability
(2) Public safety must require it.
 These conditions are not required in the case of the power One must
admit his
to call out the armed forces. The only criterion is that guilt of the
“whenever it becomes necessary” offense
covered by
6) Pardoning Powers the
 Except in cases of impeachment, or as otherwise provided in the proclamation
constitution, the president may grant reprieves, commutations, and pardons,
and remit fines and forfeitures, after conviction by final judgment.
LIMITATIONS ON THE EXERCISE OF PARDONING POWER
 He shall also have the power to grant amnesty with the concurrence of a
1) Cannot be granted in cases of impeachment
majority of all the members of the Congress
2) Cannot be granted in cases of violation of election laws without the
 Discretionary upon the president and may not be controlled by the favourable recommendation of the COMELEC
legislature, reversed by the courts unless there is a constitutional violation 3) Can be granted only after conviction by final judgment
4) Cannot be granted in cases of legislative contempt or civil contempt
5) Cannot absolve the convict of civil liability
6) Cannot restore public offices forfeited

CLASSIFICATIONS OF PARDON
1) Plenary or Partial
2) Absolute or Conditional

 President may order the arrest and re-incarceration of such person, who in
his judgment, shall fail to comply with the conditions of the pardon.
 This power is beyond judicial scrutiny.

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 43

 POLITICAL LAW FINALS REVIEWER (2nd half)

Amnesty v Pardon Treaty International Agreement

Amnesty Pardon Involves political issues and changes of Adjustments of details carrying out well
 Political Offense  Infractions of the peace of the State national policy established national policies and
 Classes of Persons  Individual traditions
 No need for distinct acts of  Acceptance is necessary International agreements of permanent More of less temporary in nature
acceptance  Congress concurrence is not character
 Requires concurrence of Congress needed
 Public Act-Courts may take judicial  Private Act Formal documents require ratification Binding through executive action
notice  Looks forward
 Looks backward and put in oblivion  Pardon is available to one who is  Exchange of Notes – Form of Executive agreement. So it is binding without
the offense. guilty of an administrative offense the need of the vote of senate.
 Pardonee - not entitled to  VFA is a treaty not a mere executive agreement A quagmire was faced as to
reinstatement/backwages - Only which constitutional provision should govern: Art. XVIII, Sec. 25 – “ After the
extinguishes the penalty but still a expiration in 1991 of the Agreement between the RP and the US concerning
convict military bases, foreign military troops, bases, facilities shall not be allowed in
the Philippines except under a treaty duly concurred in by the senate and
 Pardon looks forward and relieves the offender from the consequences of an when the congress so requires, ratified by a majority of the votes cast by the
offense of which he has been convicted, that is, it abolishes or forgives the people in a national referendum held for that purpose, and recognized as
punishment, and for that reason it does 'not work the restoration of the rights to treaty by the other contracting state.
hold public office, or the right of suffrage, unless such rights be expressly  Art. VII, Sec. 21 – “No treaty or international agreement shall be valid and
restored by the terms of the pardon,' and it 'in no case exempts the culprit from effective unless concurred in by at least 2/3 of all the members of the
the payment of the civil indemnity imposed upon him by the sentence' (Article SENATE.”
36, Revised Penal Code).  Art. XVIII, Sec. 25 is applicable as it is a special provision applicable to
 While amnesty looks backward and abolishes and puts into oblivion the offense treaties involving military bases.
itself, it so overlooks and obliterates the offense with which he is charged that
the person released by amnesty stands before the law precisely as though he
had committed no offense." (People vs. Casido) 9) Budgetary Power
 Furthermore, Art. 89 par. 3 of the RPC provides that criminal liability is totally 1) President shall submit to congress within 30 days from the opening of every
extinguished by amnesty, which completely extinguishes the penalty and all its regular session as the basis of General Appropriations Act
effects. 2) A budget expenditures and sources of financing, including receipts from
existing and proposed revenue measures
7) Borrowing Power
NOTE: Congress cannot increase, only reduce budget.
 The President may contract or guarantee foreign loans on behalf of the
Republic provided the ff are present:
10) Informing Power
a. Prior concurrence of Monetary Board
b. Subject to limitations under the law  The president shall address the congress at the opening of its regular
c. MB shall within 30 days from the end of every quarter, submit to the session. He may also appear before it at any other time.
congress a complete report of its decisions on applications for loans  SONA – 4th Monday of July
which would have the effect of increasing the foreign debt.
Instances when the congress may convene without the call of the President:
1) Martial Law
8) Diplomatic Power 2) Suspension of privilege of writ of Habeas Corpus
 Treaty making power 3) Impeachment cases
 No treaty or international agreement shall be valid and effective unless 4) Canvassing elections for President and Vice President
concurred in by at least 2/3 of all the members of the SENATE 5) Schedule Special elections for President and Vice President

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 44

 POLITICAL LAW FINALS REVIEWER (2nd half)

11) Other Powers

1) Calling Special Session V. JUDICIAL DEPARTMENT
2) Approval and Veto of Bills
3) Consent on deputation of gov’t personnel by the COMELEC  The Least Dangerous Branch of the Government – because it possesses
4) Discipline of such deputies neither the power of purse nor the sword.
5) Emergency Powers delegated by the Congress  Yet, is important because of the power of Education and Judgment.
6) General supervision over local governments and autonomous regional  There is NO definition of Judicial power in the US Constitution
governments  Sec. 1 – Judicial Power shall be vested in ONE supreme court and in such
lower courts as may be established by law.
Power of General Supervision over local governments
 Can only interfere in the affairs and activities of a local government unit if he Constitutional Court – Supreme Court Statutory Courts:
or she finds that the latter had acted contrary to law. o CA
 Only general supervision and not control o RTC
 President cannot withhold 5% or Internal Revenue Allotment of LGU o MTC, MeTC, MCTC
through an Admin Order. Automatic release of LGU shares is a basic o Sandiganbayan
feature of local autonomy. o Sharia
 Placing Maguindanao under a state of emergency and delegating the
supervision of ARMM to the DILG did not violate principle of local autonomy Judicial Power - duty of the courts of justice
 Authorizing the Justice Sec through RA 7160, to review the constitutionality  (Traditional) to settle actual controversies involving rights which are legally
of tax ordinance and to revoke it if warranted does not violate local autonomy demandable and enforceable AND
 Grant of additional compensation and health care insurance benefits to local  (Expanded) to determine whether or not there has been a grave abuse of
gov’t officials does not require approval of the President for validity discretion amounting to lack or excess of jurisdiction on the part of any
 Liga ng Mga Barangay –not under President’s control branch or instrumentality of the Government
o Effects of the expanded definition (par.2)
 limits the “political question”
 power of the court to amend and control its processes and
orders, includes the right to reverse itself when it
committed an error or mistake
*(the court is not precluded from examining its own ruling and rectifying its errors of
judgment)
 Grave Abuse of Discretion – whimsical and capricious
exercise of judgment

Montenegro vs Castaneda (1952)

 suspension affects the power of the court’s and operates
immediately on all petitions therein pending at the time of its
promulgation
 proclamation of the President suspending the writ of habeas
corpus was held valid and efficient in law to suspend all
proceedings pending upon habeas corpus, which was issued
and served prior to the date of the proclamation
Barcelona vs Baker (1905)
 Suspended writ of Habeas Corpus
 If the judicial department of the Government, or any officer in the
Government, has a right to contest the orders of the President or
of the Governor-General under the conditions above supposed,
before complying with such orders, then the hands of the
President or the Governor-General may be tied until the very
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 45
 POLITICAL LAW FINALS REVIEWER (2nd half)
object of the rebels or insurrectos or invaders has been
accomplished.IN THIS CASE, Congress had authority to provide
that the President, or the Governor-General, with the approval of
thePhilippine Commission, might suspend the privilege of the
writ of habeas corpus in cases of rebellion, insurrection,
orinvasion, when the public safety might require it.the conclusion
set forth in the said resolution and the said executive order, as to
the fact that there existed in the Provincesof Cavite and
Batangas open insurrection against the constituted authorities,
was a conclusion entirely within the discretionof the legislative
and executive branches of the Government
Lansang vs Garcia (1971)
 doctrine established in Barcelon and Montenegro was
subsequently abandoned in this case where the SC declared
that it had the power to inquire into the factual basis of the
suspension of the privilege of the writ of habeas corpus by
Marcos in Aug 1971 and to annul the same if no legal ground
could be established. Accordingly, hearings were conducted to
receive evidence on this matter, including two closed-door
sessions in which relevant classified information was divulged by
the government to the members of the SC and 3 selected
lawyers of the petitioners
Garcia vs Padilla (1983)
 suspension of the privilege of writ of habeas corpus raises a
political, not a judicial, question and that the right to bail cannot
be invoked during such a period
 Decision in Lansang was overturned and the verdict on the
Barcelona and Montenegro case was once again recalled.
 The court held that the detention is legal and valid as it depends
on the President who may order to whether release them or not.
 The SC restated that the suspension of the Writ of Habeas
Corpus was a political question that only the Presidet can
resolve.
Morales vs Enrile (1987)
 “with respect to persons at present detained as well as other
who may hereafter be similarly detained for the crimes of
insurrection or rebellion, subversion, conspiracy or proposal to
commit such crimes, and for all other crimes and offenses
committed by them in furtherance of or on the occasion thereof,
or incident thereto, or in connection therewith,” the natural
consequence is that the right to bail for the commission of
anyone of the said offenses is also suspended. To hold
otherwise would defeat the very purpose of the suspension.
Therefore, where the offense for which the detainee was
arrested is anyone of the said offenses he has no right to bail
even after the charges are filed in court.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
Stonehill vs Diokno
(reversed Moncado vs People)
 Search warrants issued were violative of the Constitution and the
Rules, thus, illegal or being general warrants. There is no
probable cause and warrant did not particularly specify the
things to be seized. The purpose of the requirements is to avoid
placing the sanctity of the domicile and the privacy of
communication and correspondence at the mercy of the whims,
caprice or passion of peace officers.
 Document seized from an illegal search warrant is not
admissible in court as a fruit of a poisonous tree.
Ang Bagong Bayani vs COMELEC
 the decision of the Supreme Court on which parties compose the
party list system swings from one side to the other. Previously,
the Supreme Court limited the party list system to
representatives of marginalized and underprivileged sectors.
In Atong Paglaum v. COMELEC the latest in the series of party
list cases, the pendulum now points to the opposite side
 One of the main reasons for the disqualification was their failure
to represent the marginalized and underrepresented
 New guidelines: (Atong Paglaum Case)
o Three different groups may participate in the party-list
system: (1) national parties or organizations, (2)
regional parties or organizations, and (3) sectoral
parties or organizations.
o National parties or organizations and regional parties or
organizations do not need to organize along sectoral
lines and do not need to represent any “marginalized
and underrepresented” sector.
o Political parties can participate in party-list elections
provided they register under the party-list system and
do not field candidates in legislative district elections. A
political party, whether major or not, that fields
candidates in legislative district elections can participate
in partylist elections only through its sectoral wing that
can separately register under the party-list system. The
sectoral wing is by itself an independent sectoral party,
and is linked to a political party through a coalition.
o Sectoral parties or organizations may either be
“marginalized and underrepresented” or lacking in “well-
defined political constituencies.” It is enough that their
principal advocacy pertains to the special interest and
concerns of their sector.
o A majority of the members of sectoral parties or
organizations that represent the “marginalized and
underrepresented” must belong to the “marginalized
and underrepresented” sector they represent. Similarly,
a majority of the members of sectoral parties or
46
 POLITICAL LAW FINALS REVIEWER (2nd half)
organizations that lack “well-defined political
constituencies” must belong to the sector they
represent.
o National, regional, and sectoral parties or organizations
shall not be disqualified if some of their nominees are
disqualified, provided that they have at least one
nominee who remains qualified
Olaguer vs Military Commission
 When the release of the persons in whose behalf the application
for a writ of habeas corpus was filed is effected, the Petition for
the issuance of the writ becomes moot and academic
 During martial law, military commission or tribunal cannot try and
exercise jurisdiction, even during the period of martial law, over
civilians for offenses allegedly committed by them as long as the
civil courts are open and functioning, and that any judgment
rendered by such body relating to a civilian is null and void for
lack of jurisdiction on the part of the military tribunal concerned
 Where vested
o Vested in (1) Supreme Court and other court as may be established
by law
o SC was called “Supreme Council of Grace and Justice in the Biak-
na-Bato Constitution
o Called the “Supreme Court” in Malolos Constitution
Jurisdiction – power to hear and decide a case
 Congress
o power to define, prescribe, and apportion the jurisdiction of the
courts
o NOT deprive the SC of its jurisdiction over cases provided in the
Constitution
o NO law shall be passed increasing the appellate jurisdiction of the
SC WITHOUT its
 Advice AND
 Concurrence
o Sec. 27, RA 6770 UNCONSTITUTIONAL
 NO advice and consent of the SC
 Authorizes appeal to the SC from decision of the
Ombudsman in administrative disciplinary cases
Deliberative Process Privilege
 Privilege against disclosure of information or communication
 To enable the members of the court to freely discuss the issues without
o fear of criticism for holding unpopular positions OR
o fear of humiliation for one’s comments
 Principle of Comity or inter-departmental courtesy provides that:
o highest officials of each department be exempt from the compulsory
processes of the other departments
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
o members of the Court and court officials and employees may not be
compelled to testify on matters that are part of the internal
deliberations and actions of the court in the exercise of its
adjudicatory functions and duties
 Privileged documents or communications NOT subject to disclosure:
o Court actions such as the result of the raffle of cases and actions by
the Court on each case include in the agenda of the Court’s session
on acts done material to the pending case
o Court deliberations on cases and matters pending before the court
o Court records which are “predecisional” and “deliberative” in nature
o Confidential information secured by justices, judges, court officials
and employees in the course of their official functions
o Records of the case that are still pending for decision are privileged
material that cannot be disclosed
(11) Constitutional Safeguards to insure the independence of the Judiciary
1. SC is a constitutional body; it may not be abolished by the legislature
2. Members of the SC are removable ONLY by impeachment
3. SC may not be deprived of its minimum original and appellate jurisdiction;
appellate jurisdiction may not be increased without its advice and
concurrence
4. SC has administrative supervision over all inferior courts and personnel
5. SC has the exclusive power to discipline judges and justices of inferior
courts
6. Member of the Judiciary have security of tenure
7. Members of the Judiciary may NOT be designated to any agency performing
quasi-judicial or administrative powers
8. Salary of judges may not be reduced; the Judiciary enjoys fiscal autonomy
o FISCAL AUTONOMY – guarantee of full flexibility to allocate and
utilize their resources with the wisdom and dispatch that their needs
require (Bengzon vs Drilon)
o Power and authority to levy, assess and collect fees, fix rates of
compensation not exceeding the highest rates authorized by law
(Bengzon vs Drilon)
o Chief Justice and the Court En Banc MAY determine and decide
the who, what, where, when, and how of the privileges and benefits
they may extend within the Court’s granted power
o Re: Cases Submitted for Decision before Judge Baluma
 The “no report, no release” policy may not be validly
enforced against offices vested with fiscal autonomy
 The agencies vested by the Constitution with fiscal
autonomy should this be given priority in the release of
their approved appropriations over all other agencies not
similarly vested in the event of a revenue shortfall
o Example:
 Downgrading of the position and salary grades of
employees, DBM overstepped its authority and
encroached upon the *fiscal autonomy of the SC and
*power of supervision over court personnel
47
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Allow COA to substitute the Court’s policy in the disposal
of property is tantamount to encroachment into judicial
prerogative
9. SC alone may initiate and promulgate the Rules of Court
10. SC alone may order temporary detail of judges
11. SC can appoint all officials and employees of the judiciary
POWER OF JUDICIAL REVIEW/INQUIRY
 Power of the courts to test the validity of executive and legislative acts in
light of their conformity with the Constitution
 NOT an assertion of superiority by the courts over the other departments but
merely an expression of the supremacy of the Constitution
 This is inherent in the Judicial Department by virtue of the doctrine of
separation of powers.
 Power of the Supreme Court to declare a law, treaty, ordinance, etc. as
unconstitutional.
 Lower courts may exercise the power of judicial review, subject to the
appellate jurisdiction of the SC
 Only the SC decision are precedent, thus, only the SC decision is binding on
all
 (4) REQUISITES:
1. Actual case or controversy
 Conflict of legal rights, an assertion of opposite legal
claims which can be resolved on the basis of existing law
and jurisprudence.
 Must not be moot and academic - One that ceases to
present a justiciable controversy by virtue of supervening
events
 Exceptions to the rule on Mootness:
o Grave violation of the Constitution
o Exceptional Character of the situation
and paramount public interest is
involved
o Constitutional issues raised require
formulation of principles to guide the
bench, the bar and the public
o Case is capable of repetition yet evasive
of review.
 Madriaga vs China Bank Corp
o Judicial power presupposes actual controversies, the very
antithesis of mootness. Where there is no more live subject of
controversy, the Court ceases to have a reason to render any ruling
or make any pronouncement. Courts generally decline jurisdiction
on the ground of mootness – save when, among others, a
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
compelling constitutional issue raised requires the formulation of
controlling principles to guide the bench, the bar and the public; or
when the case is capable of repetition yet evading judicial review,
which are not extant in this case.
o Section 7 of Act 3135 expressly allows the buyer at
the auction to file a verified petition in the form of an
ex parte motion for issuance of a writ of possession.
This connotes that it is for the benefit of one party,
without notice to or challenge by an adverse party.
Being summary in nature, it cannot be said to be a
judgment on the merits, but is simply an incident in
the transfer of title
2. Question must be raised by the proper party (Locus standi or legal standing,
i.e. the party must have personal and substantial interest in the case such
that he has sustained or will sustain direct injury as a result of the act
complained of)
 Locus Standi – a right of appearance in a court of justice
on a given question.
 Direct Injury Test – a person who impugns the validity of
a statute must have a personal and substantial interest in
the case such that he has sustained or will sustain direct
injury as a result.
 Liberal Approach:
 Constitutional Issues
 Taxpayers – claim of illegal disbursement of
public funds
 Voters – obvious interest in the validity of the
election law
 Concerned citizens – transcendental importance
 Legislators – Official action complained of
infringes their prerogatives as legislators
 Facial Challenge – exception to the rule that a party can
question the validity of a statute only if as applied to him is
unconstitutional. May be invoked only to challenge a
statue when it operates in the area of freedom of
expression.
 Overbreadth Doctrine – permits a party to challenge the
validity of a statue even though, as applied to him, it is not
unconstitutional but may be to others.
 Void-for-Vagueness – a law is facially invalid if men of
common intelligence must necessarily guess at its
meaning and differ as to its application.
48
 POLITICAL LAW FINALS REVIEWER (2nd half)

3. Raised at the first instance or at the earliest possible opportunity

4. Resolution of the issue is determinative of the case itself (lis mota) APPOINTMENTS TO JUDICIARY

Judicial Independence – the powers of the government must be divided to avoid Qualifications
concentration of these powers in any one branch 1) Of proven competence, integrity, probity and independence
 Decisional Independence – judge’s ability to render decisions free from 2) SC
political or popular influence based solely on the individual facts and a. Natural Born citizen
applicable law b. At least 40 years of age
 Institutional Independence – describes the separation of the judicial c. 15 years or more as a judge of a lower court ORengaged in the
branch from the executive and legislative branches of the government; it is practice of law in the Philippines
the “collective independence of the judiciary as a body” 3) Lower Collegiate Courts
a. Natural Born citizen
POLITICAL QUESTIONS b. Member of the Philippine Bar
c. Congress may prescribe other qualifications
Types 4) Lower courts
 Decided by the People in their Sovereign Capacity a. Citizen of the Philippines
o LGC, the power of Recall – Political question of the first type. b. Member of Philippine Bar
(Evardone vs. COMELEC) c. Congress may prescribe other qualifications
o People’s Revolution –
Procedure for Appointment
Lawyer’s League of the Philippines vs. Cory Aquino – SC no longer has the power to 1) Appointed by the President of the Philippines from a list of at least three (3)
inquire into the motives of the people in going to EDSA as the international nominees prepared by the JBC for every vacancy
community has already given it a de jure status and Cory government took control of i. The appointment need NO confirmation
the government without resistance ii. The date the commission is signed by the President is the date of
o Estrada vs. Desierto – Lawyer’s league ruling is not applicable appointment
because: iii. Such date determines the seniority of the members of the CA

Lawyer’s League vs Cory Aquino Estrada vs Desierto CASE: Marbury vs Madison

Cory Gov’t was established in GMA took her oath under the 1987 o As the President signed Marbury’s commission after his
defiance of 1973 constitution confirmation, the appointment has been made, and Marbury has a
Revolutionary Gov’t – it orbits out of Not a revolutionary gov’t right to the commission.
the constitutional loop o Given that the law imposed a duty on the office of the president to
EDSA 1 was extra – constitutional EDSA 2 was intra – constitutional deliver Marbury’s commission, that the Supreme Court has the
Political Question Legal Question power to review executive actions when the executive acts as an
officer of the law and the nature of the writ of mandamus to direct
Not subject to judicial review Subject to judicial review
an officer of the government “to do a particular thing therein
specified,” mandamus is the appropriate remedy, if available to the
 Full discretion is delegated to the Executive/Congress
Supreme Court.
o Calling-out power – unclouded intent of the constitution to
o To issue mandamus to the Secretary of State really is to sustain an
delegate such power to the president. original action, which is (in this case) outside the constitutional
 Does not tie the hands of the president limits of jurisdiction imposed on the Supreme Court.
 Unless it can be shown that such power was gravely
abused, it shall not be subject to judicial review. 2) Filling of vacancies (appointment by the President)
Randy David vs. GMA – GMA used the “calling out power” to suppress lawless o SC – 90 days from the occurrence
violence. Now generally, this should remain as a Political question. However it fell into o Lower courts – 90 days from submission by the JBC of the list
the ambit of expanded jurisdiction of the Supreme Court because the acts prohibited
by GMA clearly showed grave abuse of discretion. HOWEVER, the blunder of the  Midnight appointments are prohibited by the Constitution
petitioners is that the FAILED to show such grave abuse of discretion.

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 49

 POLITICAL LAW FINALS REVIEWER (2nd half)
 GR: President or Acting president SHALL NOT make appointments two (2)
months immediately before the next presidential elections and up to the end
of his term
 EXCPTION: temporary appointments to EXECUTIVE positions when
continued vacancy will prejudice public service or endanger public safety
In Re: Mateo Valenzuela – the prohibition DOES NOT apply to appointments in the
SC
Reasons:
 Not expressly provided in the Constitution – Framers
of the Constitution devoted time to meticulously drafting,
styling and arranging the provisions of the Constitution.
Had the framers intended to extend the prohibition to the
appointment of members of the SC they could have
explicitly done so.
 Establishment of the JBC – the framers need not extend
the prohibition to the Judiciary because of the
establishment of the JBC who are tasked in the
nomination and screening of candidates for judicial
positions to ensure that there will be no midnight
appointments to the Judiciary.
 Every part of the statute must be interpreted with
reference to the context – Sec 14 and 15 refer to the
power of the President to appoint member of the Executive
Department. Temporary and acting appointments can
undermine the independence of the Judiciary. Likewise,
Section 14 and 16 refers to appointments in the Executive
Departments, which renders conclusive that Section 15
also applies to Executive Department.
JUDICIAL AND BAR COUNCIL
• Recommend and Screen Judges
• In 1935 and 1973 constitutions, the role belonged to Commission on
Appointments
Composition (7 as mandated by the Constitution)
 Ex-officio members: does NOT require confirmation (representation of the 3
Branches)
o Chief justice – Chairman
o Secretary of Justice
o Representative of Congress (Senate OR HR)
 Regular members: requires confirmation
o Representative of the IBP
o Professor of Law
o Retired Justice of SC
o Representative of private Sector
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Secretary Ex-Officio
o Clerk of the SC
APPOINTMENT TO JBC
 Regular members – appointed by the President for a term of 4 years with the
consent of Commission on Appointments
 May receive emoluments as determined by the SC
POWERS/FUNCTIONS OF JBC
 Principal function of recommending appointees to the judiciary
 May exercise such other functions and duties as the SC may assign it
 Takes every step to verify an applicant’s track record
 These proceedings are sui generis, “a class of its own”
 “Unanimity Rule” on integrity
o An applicant must obtain the unanimous vote of the JBC
members in order to be included in the shortlist of
nominees to be submitted to the President, when a
question is raised against him
THE SUPREME COURT
COMPOSITION
 A chief justice
 14 Associate Justices
o May sit en banc or in its discretion, in divisions of 3, 5 or 7 members
o Any vacancy shall be filled within 90 days from occurrence thereof
EN BANC/DIVISION CASES
 En banc
o All cases involving the constitutionality of treaty, international or
executive agreement or law
o All other cases which, under the Rules of Court are to be decided
en banc
o Constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions,, ordinances and other
regulations
 To be decided by the MAJORITY of the members who ACTUALLY
TOOK PART in the deliberations
 Division
o Other cases or matters may be heard in division and decided or
resolved with the concurrence of a MAJORITY of the members who
ACTUALLY TOOK PART in the deliberations on the issues and
voted thereon, but in no case without the CONCURRENCE OF AT
LEAST 3 such members.
50
 POLITICAL LAW FINALS REVIEWER (2nd half)

 When the required number is not obtained, it shall be o All cases in which the constitutionality or validity of any treaty,
decided en banc international or executive agreement, law, presidential decree,
 Cases vs Matters proclamation, order, instruction, ordinance or regulation is in
 Cases – decided question
 Matters – resolved o All cases involving the legality of any tax, impost, assessment or
 Only cases are referred to the SC en banc for decision toll, or any penalty imposed in relation thereto
when the number of votes are not obtained o All cases in which the jurisdiction of any lower court is in issue
 GR: NO doctrine or principle of law laid down by the court o All criminal cases in which the penalty imposed is reclusion
en banc or division may be modified or reversed perpetua or higher
 XCPTION: SC sitting en banc o All cases in which only an error or question of law is involved
 Stare Decisis – judicial pronouncement in an earlier  Automatic review in cases of conviction and the penalty actually
decision may be followed as a precedent in a subsequent imposed is DEATH
case only when its reasoning and justification are relevant  Only decision of lower courts
and the court on the latter case accepts such reasoning  Include the power to review decisions of administrative bodies
and justification to be applicable  Review of decisions and final orders of the Sandiganbayan is limited to
questions of law
POWER OF THE SUPREME COURT  Question of law – doubt or controversy concerns the
correct application of law or jurisprudence to a certain set
8 POWERS of facts OR issue does not call for an examination of the
1) Adjudicative power in its original jurisdiction probative value of the evidence presented, the truth or
2) Adjudicative power in its appellate jurisdiction falsehood being admitted.
3) Temporary assignment of judges
4) Order change of venue 3. Temporary assignment of judges
5) Rule-making power o Assignment shall NOT exceed six (6) months without the consent of
6) Power of appointment the judge concerned
7) Power of administrative supervision
8) Annual report 4. Order change of venue
o To avoid miscarriage of justice
Adjudicative Power (original and appellate)
1. Original Jurisdiction 5. Rule Making Power
o Cases affecting ambassadors, other public ministers and consuls o Promulgate rules concerning the protection and enforcement of
o Petitions for certiorari, prohibition, mandamus, quo warranto and constitutional rights pleading, practice and procedure in all courts,
habeas corpus the admission to the practice of law the IBP and legal assistance to
 Certiorari and Prohibition the underprivileged
 appropriate remedies to raise constitutional o Limitations:
issues  Simplified and inexpensive procedure for speedy
 review and/or prohibit or nullify the acts of disposition of cases
legislative and executive officials  Uniform for all courts of the same grade
 Certiorari  Not diminish or modify substantive rights
 Question the act of any branch or instrumentality o First Lepanto Ceramics vs CA: appeals from decisions of
of the government on the ground of grave abuse administrative bodies shall be made to the CA instead of the SC.
of discretion amounting to lack or excess of  VALID – merely transferred the venue of appeals from
jurisdiction decisions of said agencies to the CA and provided a
different period, BOTH merely procedural
2. Appellate Jurisdiction (review, revise, reverse, modify or affirm on appeal o SC has the competence to promulgate rules governing the
or certiorari)  enforcement and protection of constitutional rights
 pleading, practice and procedure in all courts
 Ex. Special Division in the SB to hear and decide
the plunder case against former Pres. Estrada
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 51
 POLITICAL LAW FINALS REVIEWER (2nd half)
o Integrated Bar – State-organized Bar, to which every lawyer must
belong
 Process by which every member of the bar is afforded an
opportunity to do his share in carrying out the objectives of
the Bar as well as obliged to bear his portion of its
responsibilities
 Official unification of the entire lawyer population
 Requires membership and financial support as condition
sine qua non to the practice of law and retention of his
name to the Roll of Attorneys REGARDLESS of lack of
practice or type of practice the member is engaged in
 Removal on the ground of refusal to settle financial
support is valid and will not amount to deprivation of
property without due process of law for the reason that the
practice of law is a mere privilege
 Law professors are governed by the canons of
professional responsibility applicable to members of the
Bar
 Bar Association – organized by individual lawyers
themselves, membership in which is voluntary
 In Re: Atty. Marcial Edillon
 An "Integrated Bar" is a State-organized Bar, to
which every lawyer must belong, as distinguished
from bar associations organized by individual
lawyers themselves, membership in which is
voluntary. Integration of the Bar is essentially a
process by which every member of the Bar is
afforded an opportunity to do his share in carrying
out the objectives of the Bar as well as obliged to
bear his portion of its responsibilities. Organized
by or under the direction of the State, an
integrated Bar is an official national body of which
all lawyers are required to be members. They
are, therefore, subject to all the rules prescribed
for the governance of the Bar, including the
requirement of payment of a reasonable annual
fee for the effective discharge of the purposes of
the Bar, and adherence to a code of professional
ethics or professional responsibility breach of
which constitutes sufficient reason for
investigation by the Bar and, upon proper cause
appearing, a recommendation for discipline or
disbarment of the offending member.
 The practice of law being clothed with public
interest, the holder of this privilege must submit to
a degree of control for the common good. When
Congress enacted RA 6397 authorizing the
Supreme Court to adopt rules of court to effect
the integration of the Philippine Bar, it did so in
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
the exercise of the paramount police power of the
State to raise the standards of the legal
profession, improve the administration of justice,
and enable the Bar to discharge its public
responsibility more effectively. The State, in order
to promote the general welfare, may interfere with
and regulate personal liberty, property and
occupations. Persons and property may be
subjected to restraints and burdens in order to
secure the general prosperity and welfare of the
State.
o SC has the power to
 Promulgate rules concerning the IBP,
 Supervise all the activities of the IBP, including election of
its officers
 by ensuring the legality and correctness of the
exercise of its powers as to the means and
manner, AND
 by interpreting for it the constitutional provisions,
laws and regulations affecting the means and
manner of the exercise of its powers.
 Plenary power to amend, modify, or repeal the IBP By-
Laws
 Rotation rule under the IBP By-Laws is NOT absolute and
is subject to waiver
o Writ of Amparo (“Amparo” – to protect)
 Effective and inexpensive instrument for the protection of
constitutional rights.
 Of Mexican Origin and spread throughout the Western
Hemisphere where it gradually evolved into various forms,
depending on the particular needs of each country.
 Available to any person whose right to life, liberty and
security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or
of a private individual or entity.
 Sec. 14 of the Rule allows the grant by the court of interim
reliefs:
 temporary protection order,
 inspection order,
 production order or
 witness protection order
 NO writ of amparo may be issued UNLESS there is a clear
allegation of the supposed factual and legal basis of the
right sought to be protected.
 Shall not issue when applied for as a substitute for the
appeal or certiorari process or when it will inordinately
interfere with these processes.
52
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Improper remedy to regain authority and custody over a
minor child who was legally put up for adoption for there is
NO ENFORCED DISAPPEARANCE
o Writ of Habeas Data
 Independent remedy to protect the right to privacy,
especially the right to informational privacy.
 ESSENCE – goes to the very heart of a person’s
individuality, an exclusive and personal sphere upon which
the State has NO right to intrude WITHOUT legitimate
pubic concern
 Right of individual to control the flow on information
concerning or describing them
 Remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened with
violation by an unlawful act or omission of a public official
or employee, or of a private individual or entity engaged in
the gathering, collecting, or storing of data or information
regarding the person, family, honor and correspondence of
the aggrieved party.
 Petition must sufficiently allege the MANNER in which the
right is violated or threatened with violation, and HOW
such violation or threat affects the right to life, liberty or
security of the aggrieved party.
 Ex. Forwarding of intelligence reports of the PNP
to the PAGs (private armed groups) specifically
created for the purpose of investigating notorious
groups was held to be not unlawful
 If there is NO REASONABLE EXPECTATION OF
PRIVACY, it will NOT warrant the issuance of writ of
habeas data
 Ex. Files and photos uploaded by a student or a
minor on Facebook do not have a reasonable
expectation of privacy when the minor’s
Facebook friends are the ones who showed the
pictures to the other parties for the reason that
they did not resort to any unlawful means of
gathering the information. It was voluntarily given
to them by those who had legitimate access to
such posts.
o Writ of Kalikasan
 Remedy available to a natural or juridical person, entity
authorized by law, people’s organization, NGO, or any
public interest group accredited by or registered with any
governmental agency, on behalf of persons whose
constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an
unlawful act or omission of a public official or employee or
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health
or property of inhabitants in TWO (2) or more cities or
provinces
o Writ of Continuing Mandamus
 Agency or instrumentality of the government or officer
thereof
 unlawfully neglects the performance of an act
which the law specifically enjoins as a duty
resulting from an office, trust or station in
connection with the enforcement or violation of
an environmental law, rule or regulation or a right
therein, or
 unlawfully excludes another from the use or
enjoyment of such right, and
 NO other plain, speedy and adequate remedy in
the ordinary course of law,
 the person aggrieved thereby may file a verified
petition in the proper court alleging the facts with
certainty, attaching thereto supporting evidence,
specifying that the petition concerns an
environmental law, rule or regulation
 praying that judgment be rendered commanding
the respondent to do an act or series of acts until
the judgment is fully satisfied, and to pay
damages sustained by the petitioner by reason of
the malicious neglect to perform the duties of the
respondent, under the law, rules or regulations.
 MMDA vs Concerned citizens of Manila Bay: cleaning and
rehabilitation of Manila Bay can be compelled by
mandamus.
 The very act of doing what the law exacts to be done is
ministerial in nature and may be compelled by mandamus
 Writ of continuing mandamus issued means that until the
government agencies concerned have shown full
compliance with the Court orders, the court exercises
continuing jurisdiction over them until full execution of the
judgment
o SLAPP (Strategic Lawsuit Against Public Participation)
 legal action filed to harass, vex, exert undue pressure or
stifle any legal recourse that any person, institution or the
government has taken or may take in the enforcement of
environmental laws, protection of the environment or
assertion of environmental rights
o Congress CANNOT amend the Rules of Court
53
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Echegaray vs Sec of Justice: 1987 Constitution took away
the power of the Congress to repeal, alter or supplement
rules concerning pleading, practice and procedure.
o Rules of procedure of special courts and quasi-judicial bodies shall
remain effective UNLESS disapproved by the SC
CONSULTATIONS/DECISIONS OF SC
6. Power of Appointment
o SC appoints all officials and employees of the Judiciary in
accordance with the Civil Service Law
7. Power of Administrative Supervision
o SC shall have administrative supervision over all courts and the
personnel thereof
 Ombudsman may NOT initiate or investigate a criminal or
administrative complaint before his office against a judge,
he must FIRST INDORSE the case to the SC for
appropriate action
 ABSENCE of any administrative action by the SC,
investigation by the Ombudsman ENCROACHES into the
SC’s power of administrative supervision
 Admin proceedings before the SC are confidential in
nature
o Judge Caoibes vs Ombudsman
 Section 6, Art. VIII of the Constitution: SC is vested with
exclusive administrative supervision over all courts and its
personnel.
 Ombudsman cannot determine for itself and by itself
whether a criminal complaint against a judge, or court
employee, involves an administrative matter.
 The Ombudsman is duty bound to refer to the SC all cases
against judges and court personnel filed before it for
determination as to whether and administrative aspect is
involved therein.
 The Ombudsman cannot dictate to, and bind the Court, to
its findings that a case before it does or does not have
administrative implications.
 To do so is to (1) deprive the Court of the exercise of its
administrative prerogatives and (2) to arrogate unto itself a
power not constitutionally sanctioned. This is a dangerous
policy which impinges on judicial independence.
 In Maceda vs. Vasquez, it is only the SC that can oversee
the judges’ and court personnel’s compliance with all laws,
and take the proper administrative action against them if
they commit any violation thereof. No other branch of
government may intrude into this power, without running
afoul of the doctrine of separation of powers.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
8. Annual Report
o SC shall submit within 30 days FROM THE OPENING OF EACH
REGULAR SESSION of Congress, to the President and to
Congress an annual report on the operations and activities of the
Judiciary
 Conclusion is any case submitted to it for decision shall be reached in
consultation before the case is assigned to a member for the writing of the
opinion of the court.
o A certification to this effect signed by the Chief Justice shall be
issued.
o This requirement is also applicable to lower collegiate courts
o Not applicable to administrative cases
o When votes are EQUALLY divided and MAJORITY VOTE NOT
OBTAINED, petition shall be DISMISSED
 Decision shall state clearly and distinctly the facts and the law on which it is
based
o Not applicable to minute resolution dismissing a petition for habeas
corpus, certiorari or mandamus, provided a legal basis is given
o Not applicable to administrative cases.
o Not preclude the validity of Memorandum decisions
 It is a specie of succinctly written decisions by appellate
courts
 Valid as it adopts by reference the findings of fact and
conclusions of law contained in the decisions of inferior
tribunals
 It cannot incorporate findings of fact and the conclusions
of the law by lower courts only by means of remote
reference which is to say that the challenged decision is
not easily and immediately available to the person reading
the memo decision.
 Incorporation by reference is allowed ONLY if it provides
for direct access to the facts and the law being adopted
which must be contained in a statement attached to the
said decision.
 Memorandum should ACTUALLY embody the findings of
facts and conclusions of law of the lower court in an annex
attached to and made an indispensable part of the
decision.
o A decision need NOT be a complete recital of the evidence
presented, as long as the factual and legal basis are clearly and
distinctly set forth supporting the conclusions drawn therefrom
o A decision is NOT limited to the dispositive portion it must state the
ff:
 Nature of the case
 Summary of the facts with reference to the record
 Statement of applicable laws and jurisprudence
 Court’s statement and conclusions of the case
54
 POLITICAL LAW FINALS REVIEWER (2nd half)
 No petition for review or motion for reconsideration shall be refused due
course or denied without stating the legal basis therefor.
TENURE OF JUSTICES/JUDGES
 SC justices may be removed only be impeachment
 Lower court judges shall hold office during good behavior until they reach the
age of 70 years or become incapacitated to discharge the duties of their
office.
o SC en banc shall have the power to discipline judges of lower
courts, OR
o order their dismissal by a vote of a MAJORITY of the members who
ACTUALLY TOOK PART in the deliberations on the issues and
voted thereon.
 NO administrative action by the SC, NO investigation shall be conducted by
the Ombudsman on judges and court personnel
 Judges CANNOT be disciplined for every erroneous order or decision
rendered in the absence of a clear showing of ill motive, malice or bad faith
 HOWEVER, not a license for them to be negligent or abusive in performing
their adjudicatory prerogatives
 Absence of bad faith or malice will NOT totally exculpate them from charges
of incompetence and ignorance of the law
 When the law violated is elementary, failure to know or observe it constitutes
gross ignorance of the law
 When the inefficiency springs from a failure to consider so basic and
elementary a law or a principle in the discharge of their duties, a judge is
either
o Too incompetent ad undeserving of the position and title he holds
OR
o Too vicious that the oversight or omission was deliberately done in
bad faith and in grave abuse of judicial authority
 No prescription in filing complaints administratively
 No law shall be passed reorganizing the judiciary when it undermines the
security of tenure of its members.
SALARIES
 Fixed by law
 May not be decreased during their continuance in office
 Imposition of income tax on salaries does NOT violate the constitutional
prohibition against decrease in salaries
PERIODS FOR DECISION
 All cases filed after the effectivity of the Constitution must be decided or
resolved from date of submission within:
o SC – 24 months
o Lower Collegiate Courts – 12 months
o All other lower courts – 3 months
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
o In the case of lower collegiate courts and other lower courts, period
may be reduced by the SC
o In case of DELAY, a certification to be signed by the Chief Justice
or Presiding Justice shall be issued stating the reason
o Sin Perjuico Judgments – judgment without a statement of the
facts in support of its conclusions, to be later supplemented by the
final judgment (PROHIBITED)
o The periods are designed to prevent delay in the administration of
justice
o Failure to decide cases within the period prescribed by the law is
NOT excusable and constitutes gross inefficiency which is a ground
for administrative sanction
o HOWEVER, it is not tantamount to dereliction of duty
o Judges who cannot comply must ask for additional time explaining
in a REQUEST the reasons for the delay
o Maturan vs Gutierrez-Torres
 Article VIII, Section 15(1) of the 1987 Constitution requires
that all cases or matters filed after the effectivity of the
Constitution must be decided or resolved within twenty-
four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months for
all other lower courts. Thereby, the Constitution mandates
all justices and judges to be efficient and speedy in the
disposition of the cases or matters pending in their courts.
 Reiterating the mandate, the New Code of Judicial
Conduct for the Philippine Judiciary requires judges to
“devote their professional activity to judicial duties, which
include xxx the performance of judicial functions and
responsibilities in court and the making of decisions xxx,”
and to “perform all judicial duties, including the delivery of
reserved decisions, efficiently, fairly and with reasonable
promptness.”13 Likewise, Rule 3.05, Canon 3 of the Code
of Judicial Conduct imposes on all judges the duty to
dispose of their courts’ business promptly and to decide
cases within the required periods.
 These judicial canons directly demand efficiency from the
judges in obvious recognition of the right of the public to
the speedy disposition of their cases. In such context, the
saying justice delayed is justice denied becomes a true
encapsulation of the felt need for efficiency and
promptness among judges.
 The time when a case or other matter is deemed
submitted for decision or resolution by a judge is,
therefore, settled and well defined. There is no longer any
excuse for not complying with the canons mandating
efficiency and promptness in the resolution of cases and
other matters pending in the courts. Hence, all judges
should be mindful of the duty to decide promptly, knowing
55
 POLITICAL LAW FINALS REVIEWER (2nd half)
that the public’s faith and confidence in the Judiciary are
no less at stake if they should ignore such duty. They must
always be aware that upon each time a delay occurs in the
disposition of cases, their stature as judicial officers and
the respect for their position diminish. The reputation of
the entire Judiciary, of which they are among the pillars, is
also thereby undeservedly tarnished.
o Hebron vs Garcia II
 The failure to decide cases and other matters within the
reglementary period of ninety (90) days constitutes gross
inefficiency and warrants the imposition of administrative
sanction against the erring judge. This is not only a blatant
transgression of the Constitution but also of the Code of
Judicial Conduct, which enshrines the significant duty of
magistrates to decide cases promptly. Under Section 9,
Rule 140 of the Revised Rules of Court, delay in rendering
a decision or order is considered a less serious offense
that is punishable by either
 (1) suspension from office without salary and
other benefits for not less than one nor more than
three months, or
 (2) a fine of more than P10,000 but not exceeding
P20,000. The sheer volume of Judge Garcia’s
work may, at most, only serve to mitigate the
penalty to be imposed upon him, as in the case of
Angelia where the fine was reduced to P5,000.00
given therein respondent judge’s 800 pending
cases before his sala.
 Despite expiration of the mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted to it without further delay.
o The court does not lose jurisdiction over the case despite the lapse
of the mandatory period, but the erring judge or justice may be
subjected to administrative sanctions for the delay
 Failure of the judge to decide a case within the reglementary period
constitute gross dereliction of duty the gravity of which depends on several
factors:
o Number of cases not decided on time
o Damage suffered by the parties as a result of the delay
o Presence of other aggravating or mitigating circumstances
CASES:
 Casar vs Soluren
o Judge Soluren opened herself to charges of impropriety when she
went to the Aurora Provincial Jail to solicit the sympathies and
signatures of the prisoners, especially those who had pending
cases in her sala.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
o Judges must avoid not just impropriety in their conduct but even the
mere appearance of impropriety because the appearance of bias or
prejudice can be damaging as actual bias or prejudice to the
public’s confidence on theJudiciary’s role in the administration of
justice.
 People vs Gutierrez
o In the particular case before us, to compel the prosecution to
proceed to trial in a locality where its witnesses will not be at liberty
to reveal what they know is to make a mockery of the judicial
process, and to betray the very purpose for which courts have been
established. Since the rigorous application of the general principle
of Rule 110, Section 14 (a), would result here in preventing a fair
and impartial inquiry into the actual facts of the case, it must be
admitted that the exigencies of justice demand that the general rule
relied upon by accused respondents should yield to occasional
exceptions wherever there are weighty reasons therefor. Otherwise,
the rigor of the law would become the highest injustice —
"summum jus, summa in juria ."
 Re: Derogatory News Item Charging CA Justice Demetrio Demetria with
Interference on Behalf of a Suspected Drug Queen
o Through his indiscretions, Justice Demetria did not only make a
mockery of his high office, but also caused incalculable damage to
the entire Judiciary. The mere mention of his name in the national
newspapers, allegedly lawyering for a suspected drug queen and
interfering with her prosecution seriously undermined the integrity of
the entire Judiciary. Although every office in the government service
is a public trust, no position exacts a greater demand on moral
righteousness and uprightness than a seat in the Judiciary. High
ethical principles and a sense of propriety should be maintained,
without which the faith of the people in the Judiciary so
indispensable in orderly society cannot be preserved. There is
simply no place in the Judiciary for those who cannot meet the
exacting standards of judicial conduct and integrity.
 Office of the Court Administrator vs Balut
o In administrative cases, the quantum of proof necessary is
substantial evidence or such relevant evidence as a reasonable
mind may accept as adequate to support a conclusion. The
standard of substantial evidence is justified when there is
reasonable ground to believe that respondent is responsible for the
misconduct complained of, even if such evidence is not
overwhelming or even preponderant.
o A review of the records shows that Judge Balut actually messed
with the court collections. The 3 clerks of court of MTC Bayombong,
MTC Solano and MCTC Aritao-Sta Fe categorically stated that
Judge Balut borrowed money from the court funds and executed
certifications to that effect. They separately reported that Judge
56
 POLITICAL LAW FINALS REVIEWER (2nd half)
Balut had been borrowing money from the various funds of the
court collections. In fact, Lydia Ramos (Ramos), the Clerk of Court
of MCTC-Aritao-Sta. Fe, presented several withdrawal slips where
the back portions were signed either by Judge Balut or his court
interpreter, Salvador Briones, as the recipient of the cash withdrawn
from the funds of the court. These withdrawal slips likewise bore the
notations of Ramos such as "Judge," "for Judge," "taken by Judge,"
and "given to Judge" to serve as her reminder that the money
withdrawn were given to Judge Balut.
o Judge Balut himself issued the Certification stating that his cash
accountability as of April 2002 with the Fiduciary Fund
was P207,774.42 and there were certifications issued by the clerks
of court attesting that he had settled his accountabilities.
o In the said prior resolution, the Court categorically stated that Judge
Balut was fined for undue delay in deciding 33 cases submitted for
decision and for failing to resolve 101 motions within the 90-day
reglementary period.
o Court stresses that judges must adhere to the highest tenets of
judicial conduct. Because of the sensitivity of his position, a judge is
required to exhibit, at all times, the highest degree of honesty and
integrity and to observe exacting standards of morality, decency
and competence. He should adhere to the highest standards of
public accountability lest his action erode the public faith in the
Judiciary.
o Judge Balut fell short of this standard for borrowing money from the
collections of the court. He knowingly and deliberately made the
clerks of court violate the circulars on the proper administration of
court funds. He miserably failed to become a role model of his staff
and other court personnel in the observance of the standards of
morality and decency, both in his official and personal conduct.
o The act of misappropriating court -funds constitutes dishonesty and
grave misconduct, punishable by dismissal from the service even
on the first offense. For said reason, the respondent deserves a
penalty no lighter than dismissal. This Court has never tolerated
and will never condone any conduct which violates the norms of
public accountability, and diminish, or even tend to diminish, the
faith of the people in the justice system.
o The fact that Judge Balut fully paid his cash liabilities will not shield
him from the consequences of his wrongdoings. His unwarranted
interference in the Court collections deserves administrative
sanction and not even the full payment of his accountabilities will
exempt him from liability. "It matters not that these personal
borrowings were paid as what counts is the fact that these funds
were used outside of official business."
o Time and time again, this Court has emphasized that "the judge is
the visible representation of the law, and more importantly, of
justice. It is from him that the people draw their will and awareness
to obey the law. For the judge to return that regard, he must be the
first to abide by the law and weave an example for others to follow."
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Disini, Jr. vs Secretary of Justice 716 SCRA 237 (2014)
o Section 8 of the Cybercrime Law provides for the penalties for the
violation of the said law such as: Sections 4(a) on Offenses Against
the Confidentiality, Integrity and Availability of Computer Data and
Systems; 4(b) on Computer-related Offenses; 4(a)(5) on Misuse of
Devices; when the crime punishable under 4(a) is committed
against critical infrastructure; 4(c)(1) on Cybersex; 4(c)(2) on Child
Pornography; 4(c)(3) on Unsolicited Commercial Communications;
and Section 5 on Aiding or Abetting, and Attempt in the
Commission of Cybercrime
 The matter of fixing penalties for the commission of crimes
is as a rule a legislative prerogative. Here the legislature
prescribed a measure of severe penalties for what it
regards as deleterious cybercrimes. They appear
proportionate to the evil sought to be punished. The power
to determine penalties for offenses is not diluted or
improperly wielded simply because at some prior time the
act or omission was but an element of another offense or
might just have been connected with another
crime. Judges and magistrates can only interpret and
apply them and have no authority to modify or revise their
range as determined by the legislative department.
 The courts should not encroach on this prerogative of the
lawmaking body.
o Power to issue subpoena is NOT EXCLUSIVELY a judicial function.
Judicial function to issue subpoena may be exercised by executive
agencies as an adjunct of their investigatory powers.
o Section 19 empowers the Department of Justice to restrict or block
access to computer data:
 Sec. 19 When a computer data is prima facie found to be
in violation of the provisions of this Act, the DOJ shall
issue an order to restrict or block access to such computer
data.
o Section 19 operates as a restriction on the freedom of expression
over cyberspace. Certainly not all forms of speech are protected.
Legislature may, within constitutional bounds, declare certain kinds
of expression as illegal. But for an executive officer to seize content
alleged to be unprotected without any judicial warrant, it is not
enough for him to be of the opinion that such content violates some
law
o It is violative of the constitutional guarantees to freedom of
expression and against unreasonable searches and seizures
o Not only does Section 19 preclude any judicial intervention, but it
also disregards jurisprudential guidelines established to determine
the validity of restrictions on speech
o The Cybercrime Act fails the two (2) tests laid down by the Court in
Abakada Guro Party List vs. Purisima to determine the validity of
delegation of legislative power:
57
 POLITICAL LAW FINALS REVIEWER (2nd half)

 Completeness test
 Sufficient standard test VI. CONSTITUTIONAL COMMISSIONS
o Nowhere in the Cybercrime Act’s declaration of policy does it lay
down the legislative policy with respect to the blocking of content. 1935 1973 1987
No limits upon the take down power of the DOJ Secretary No COMELEC but COMELEC COMELEC
o Prima facie standard is NOT enough to prevent the DOJ Secretary amended in 1940 to
from exercising infinite discretion and becoming the supreme include COMELEC
authority in the PH internet landscape No CSC but there CSC CSC
provisions pertaining
JAMES MADISON to Civil Service
(1751-1836) General Auditing COA COA
 Virginia-born Office
 founding father of the United States
 fought for religious freedom, believing it was an individual’s right from birth General Provisions
 fourth American president, serving in office from 1809 to 1817 The independent constitutional commissions are:
 advocate for a strong federal government,  Civil Service Commission
 presented the ideas for an effective government system in his “Virginia  COMELEC
Plan,” which detailed a government with three branches: legislative,  Commission on Audit
executive and judicial (basis of the US Constitution)
 composed the first drafts of the U.S. Constitution and the Bill of Rights Safeguards ensuring the independence of Commissions:
 earned the nickname “Father of the Constitution”  They are constitutionally created; may not be abolished by statute
 (1792) Madison and Thomas Jefferson founded the Democratic-Republican  Independent
Party, which has been called America’s first opposition political party  Conferred w/ powers and functions which cannot be reduced by statute
 came to a conclusion that America needed a strong federal government in  Chairmen & mems may not be removed except by impeachment
order to help regulate the state legislatures and create a better system for  Fairly long term - 7 yrs.
raising federal money  Chairmen and mems may not be reappointed or appointed in an acting
 felt that the government should be set up with a system of checks and capacity
balances so no branch had greater power over the other  Salaries - relatively high, may not be decreased during continuance in office
 when Jefferson became the third U.S. president, Madison served as his  Fiscal autonomy
secretary of state In this role, he oversaw the Louisiana Purchase from the  May promulgate its own procedural rules, provided they do not diminish,
French in 1803 increase, modify substantive rights (though subject to disapproval by SC)
 during his presidency, Madison led the U.S. into the controversial War of  Chairmen & mems subject to certain disqualifications
1812 (1812-15) against Great Britain  May appoint their own officials/ employees in accordance w/ Civil Service
Law

 Designation as acting chairman of the COMELEC is a violation

 When an ad interim appointment is not confirmed, another ad interim
appointment may be extended to the appointee without violating the
Constitution
 “Automatic release” means that there should be no condition to fund
releases may be imposed
 Congress is not prohibited from reducing the appropriations of the
ConComms below the amount appropriated for them the previous year.
 In CHREA vs. CHR, the SC held that CHR does not enjoy fiscal
autonomy.

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 58

 POLITICAL LAW FINALS REVIEWER (2nd half)
Inhibitions/Disqualifications
Shall not, during tenure:
 Hold any other office/ employment
 Engage in practice of any profession
 Engage in active management/ ctrl of any business w/c in any way may be
affected by the functions of his office
 Be financially interested in any contract w/, or in any franchise/ privilege
granted by the gov’t/ subdivisions/agencies
 When the CSC Chairman sits as Board member of GSIS, PHILHEALTH,
ECC, and HDMF, he may exercise powers that are not anymore derived
from his position as CSC Chairman. It also entitles him to receive a per
diem. Thus, EO 864 is unconstitutional.
Rotational scheme of Appointments
 First appointees shall serve terms of 7, 5, and 3 years. After the 1 st
commissioners are appointed, the rotational scheme is intended to prevent
the possibility of one President appointing all the Commissioners
 2 conditions:
1) Terms of the first commissioners should start on a common date,
2) Vacancy due to death, resignation or disability before the expiration of the
term should be filled only for the unexpired balance of the term
Decisions
1) Shall be by majority vote of ALL its members & decided w/in 60 days from
the date of submission for decision (if it’s a case) or resolution (if it’s a
matter) (sec. 7, Art. IX-A)
i. Majority vote of all members, including those that weren’t present
during deliberation
ii. In case Commissioners have retired prior to promulgation of
decision, their votes are considered withdrawn.
iii. Unless the withdrawal of the votes would materially affect the result,
no reason to declare the decision a nullity.
iv. When the COMELEC en banc is equally divided in an opinion, there
shall be a rehearing. If no majority is reached upon rehearing,
action or proceeding shall be dismissed. In appealed cases,
judgment or order shall be affirmed in incidental matters, petition or
motion is denied.
2) Any decision, order or ruling of each Commission may be brought to SC on
certiorari by the aggrieved party w/in 30 days from receipt of a copy thereof.
i. Issues are limited to those involving grave abuse of discretion.
ii. Certiorari under Rule 65 is the proper remedy.
iii. Final decisions of the CSC are appealable under Rule 43 petition
for review with the CA; decision of the CA is appealable under Rule
45 to the SC.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
Enforcement of Decision
 Final decisions of the CSC are enforceable by a writ of execution that the
CSC may itself issue
I. CIVIL SERVICE COMMISSION
COMPOSITION
 Chairman + 2 Commissioners-
 Natural born citizens
 At least 35 y/o at the time of appointment
 Proven capacity for public administration
 Must not have been candidates for any elective position in the election
immediately preceding appointment
 Appointed by the President w/ consent of Commission on Appointments for a
term of 7 yrs w/o reappointment
 In no case shall any member be appointed or designated in a temporary or
acting capacity
CONSTITUTIONAL OBJECTIVES/FUNCTIONS
 As the central personnel agency of the Gov’t:
o To establish a career service & adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy
in the civil service.
o To strengthen the merit & rewards system, integrate all human
resources development programs for all levels and ranks and to
institutionalize a management climate conducive to public
accountability [Sec. 3, Art. IX- B]
 Enjoys a wide latitude of discretion and may not be compelled by mandamus
to issue such eligibility.
o CSC cannot validly abolish CESB because CESB was created by
law
 Under the Administrative Code of 1987, the CSC has the power to hear &
decide administrative cases instituted before it directly or on appeal,
including contested appointments.
 The power of CSC includes the authority to recall an appointment initially
approved in disregard of applicable provisions of the CS law & regulations
 Commission has original jurisdiction to hear & decide a complaint for
cheating in the Civil Service examinations committed by gov’t employees.
The fact that the complaint was filed by the CSC itself does not mean that it
cannot be an impartial judge. [Cruz v. CSC]
 Decisions of lower level officials are appealable to agency head, then to
CSC. RTC has no jurisdiction.
 No appellate jurisdiction in case of separation from government service
59
 POLITICAL LAW FINALS REVIEWER (2nd half)
SCOPE OF CIVIL SERVICE
 All branches, subdivisions, instrumentalities and agencies of the Gov’t
including GOCC w/ original charters. [Sec. 2 (1) Art. IX B]
o NHC is not embraced in the civil service. It is the Constitution in
place at the time of the decision that governs.
o Univ. of the Phils having been created by a special law and having
an original charter, clearly part of the CS.
o Quasi-public corporations’ employees fall within the jurisdiction of
the CSC.
o Government agency is within the scope of the CSC
o Government hospital falls within the score of the coverage
o Phil. Nat’l Red Cross is neither an instrumentality of the State nor
strictly a private corporation. It is not a GOCC that is within the
scope of the CSC.
CLASSES OF SERVICE
1) Career service
2) Non-career service
1) Career Service
CHARACTERIZED BY:
 Entrance based on merit and fitness to be determined, as far as practicable
by competitive examinations, or based on highly technical qualifications;
 Opportunity for advancement to higher career positions; and
 Security of tenure.
POSITIONS INCLUDED IN CAREER SERVICE
 Open career positions where prior qualification in an appropriate
examination is required
 Closed career positions, e.g., scientific or highly technical in nature
 Career Executive Service, e.g., undersecretaries, bureau directors, etc.
 Career Officers (other than those belonging to the Career Executive Service)
who are appointed by the President, e.g., those in foreign office
 Positions in the AFP, although governed by separate merit system
 Personnel of GOCC w/ orig charters
 Permanent laborers whether skilled, semi-skilled, or unskilled
CAREER EXECUTIVE SERVICE (CES)
 Position is a career position that is above division chief level, and the duties
and responsibilities of the position require performance of executive or
managerial functions.
CES SECURITY OF TENURE REQUISITES:
1) Pass the CES exam
2) Conferred CES eligibility
3) Comply with other requirements prescribed by the CES Board
4) Be appointed to a CES rank by the President
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Security of tenure of employees in the career executive service (except first
& second level employees in the civil service) pertains only to rank and not
to the office or to the position to which they may be appointed.
 Thus, a career executive officer may be transferred or reassigned from one
position to another w/out losing his rank w/c follows him wherever he is
transferred or reassigned
 If respondent does not have the rank appropriate for the position of Chief
Public Attorney, her appointment cannot be considered permanent, and she
an claim no security of tenure in respect to that position.
 When the appointee does not possess the required career executive service
eligibility, his appointment will never attain permanency
 When a person who lacks CES eligibility has retired, his right to remain in
the CES position also ceased
 A person who lacks the requisite qualifications, as an exception, may be
appointed but only in an acting capacity.
2) Non-Career Service (NCS)
CHARACTERIZED BY:
 Entrance on bases other than those of the usual tests utilized for the career
service
 Tenure limited to:
1) That specified by law or,
2) Coterminous with that of the appointing authority or subject to his
pleasure, or
3) Limited to duration of a project for w/c purpose the employment was made
OFFICERS AND EMPLOYEES EMBRACED IN NCS: (DE2C2)
 Elective officials
 Department heads and officials of Cabinet rank who hold office at the
pleasure of the President, & their personal & confidential stuff
 Chair & mem. of commissions and boards w/ fixed terms of office
 Contractual personnel or those whose employment in the government is in
accordance w/ a special contract to undertake a specific work or job
requiring special or technical skills not available in the employing agency, to
be accomplished w/in a specific period not exceeding 1 year, under their
own responsibility, w/ the minimum direction & supervision
 Emergency & seasonal personnel
 SC held that under the Admin Code of 1987, the CSC is expressly
empowered to declare positions that are primarily confidential. Hence,
enumeration in the CS decree is not exclusive.
 Where a respondent has a tenure of 7 years fixed by law, her tenure in the
position is not at the pleasure of the appointing authority.
APPOINTMENTS IN CIVIL SERVICE
 General rule: Made only according to merit & fitness to be determined as far
as practicable.
60
 POLITICAL LAW FINALS REVIEWER (2nd half)
 Exception: Positions w/c are policy determining, primarily confidential, or
highly technical, by competitive examination [Sec. 2 (2) Art. IX-B]
EXEMPT FROM COMPETITIVE EXAMINATION
 Policy determining - where officer lays down principal or fundamental
guidelines or rules or formulates method of action for gov’t or any of its
subdivisions e.g. department head
 Primarily Confidential - denoting not only confidence in the aptitude of the
appointee for the duties of the office but primarily close intimacy w/c ensures
freedom of intercourse w/out embarrassment or freedom from misgivings or
betrayals on confidential matters of the state; or one declared to be so by the
President upon recommendation of CSC e.g. City legal officer
 Highly Technical - requires possession of technical skills or training in a
superior degree. e.g. PNB legal counsel (but also primarily confidential)
 General rule: Permanent appointment can issue only to a person who
possesses all the requirements for the position to which he is appointed.
 Exception: where, in the absence of appropriate eligibles, he or she may be
appointed temporarily for a period of 12 months.
 Ratio: To prevent hiatus in the discharge of official functions
o Termination of a temporary appointment may be with or without
cause.
 The Court held that where a non-eligible holds a temporary
appointment, his replacement by another non-eligible is NOT
prohibited.
DISCRETION OF APPOINTING AUTHORITY
 Appointing authority has the right of choice w/c he may exercise freely
according to his best judgment, deciding for himself who is best qualified
among those “eligibles”. Final choice of appointing authority should be
respected and left undisturbed.
 Even if officers and employees in the career service of the CS enjoy the right
to preference in promotion, it is not mandatory that the vacancy be filled by
promotion.
 SC held that the CSC cannot convert a temporary appointment into a
permanent one as it would constitute an arrogation of a power belonging to
the appointing authority.
 CSC, however, may approve as merely temporary an appointment intended
to be permanent
ROLE OF CSC
 Check if the appointee possesses the qualifications and appropriate
eligibility. If he does, his appointment is approved; if it is not, if disapproved.
The committees work is recommendatory. It is limited to approving or
reviewing appointments to determine compliance to requirements of the CS
Law.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Appointment should be submitted to the CSC within 30 days from issuance;
otherwise, it shall be ineffective. (sec. 11, Omnibus CS Rules and
Regulations)
 In Abella Jr. vs CSC, the SC held that both appointing authority and the
appointed are the real parties in interest and both have legal standing.
Although the appointee has not vested right, it was his eligibility that was
being questioned.
DISQUALIFICATIONS
 No candidate who has lost in any election shall, w/in 1 yr after such, be
appointed to any office in the gov’t / GOCC [Sec 6, Art IX B]
 No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure [Sec 7 (1) Art. IX B]
 Unless otherwise allowed by law or by the primary functions of his position,
no appointive official shall hold any other office or employment in the Gov’t
or any subdivision, agency, instrumentality, including GOCC/ subsidiary [Sec
7 (2) Art IX-B]
 Where the other posts are held by a public officer in an ex-officio capacity as
provided by law or required by his primary functions, he is prohibited from
receiving any additional compensation for his services; deemed already paid
for and covered by the compensation attached to his principal office.
SECURITY OF TENURE
 No officer or employee of the CS shall be removed or suspended except for
cause provided by law [Sec 2 (3) Art IX B]
 Grounds and procedure for investigation and discipline are provided in the
CS Law. Non-compliance constitutes denial.
o Presidential appointee under direct disciplinary authority of the
President. But the President does not have unfettered discretion to
impose a penalty other than the penalty provided by law for the
offense
o Unconsented transfer of the officer, resulting in demolition in rank or
salary, is a violation of the security of tenure clause in the
Constitution
o When an employee is illegally dismissed, & his reinstatement is
later ordered by the Court, for all legal intents & purposes he is
considered as not having left his office, and notwithstanding the
silence of the decision, he is entitled to backwages [Del Castillo v.
CSC
o When the reinstatement is ordered by the court not by exoneration
or unstifiable suspension but as an act of liberality of the CA, claim
for backwages must be denied.
o Security of tenure in Career Executive Service pertains to rank, not
to the position to which the employee may be appointed [General v.
Roco]
o Valid abolition of office does not violate the constitutional guarantee
of the security of tenure.
61
 POLITICAL LAW FINALS REVIEWER (2nd half)

o Reorganization of office does not necessarily result in abolition of Standardization of Compensation

the office, and does not justify the replacement of permanent
officers & employees. But where, as a result of the reorganization,
employees were effectively demoted by their assignment to
positions lower than those they previously held, there is violation of
security of tenure, and CSC may order reinstatement.
o Under ROC, a career service officer or employee unlawfully ousted
from his office has 1 yr. to file an action in court to recover his
office, otherwise it prescribes. Exception: On grounds of equity, SC
may allow filing beyond 1 year.
o CSC has appellate jurisdiction over the Merit System Protection
Board’s decisions in administrative disciplinary cases, not over
MSPB decision exonerating the respondent. Appeal may be made
only by the party adversely affected.
o Appeal to the CSC may be made only by the aggrieved party.
o As an aggrieved party in adverse decision of the CA, the CSC may
appeal such decision to the SC.
o It appears that petitioners were removed as NAPOLCOM officers
by virtue of the law; thus Canonizado’s acceptance of the position
of Inspector General during the pendency of this case cannot be
deemed to be an abandonment of his claim for reinstatement to the
position of Commissioner.
Congress shall provide for standardization of compensation of government official &
employees, including those in GOCC w/ orig charters, taking into account the nature
of responsibilities pertaining to and the qualifications required for their positions. [Sec
5 Art IX B]
DOUBLE COMPENSATION
 No elective or appointive public officer or employee shall receive additional,
double, or indirect compensation unless specifically authorized by law, nor
accept w/out the consent of Congress, any present emoluments, office or
title of any kind from any foreign government. Pensions and gratuities shall
not be considered as additional, double or indirect compensation. [Sec 8 Art.
9B]
 Second sentence means that the retiree can continue to receive such
pension or gratuity even after he accepts another gov’t position. But he
cannot credit his years of service in the Judiciary (for which he now receives
his pension under RA 910) in the computation of the separation pay to which
he may be entitled under RA 7924 for the termination of his last employment.
[Santos vs. CA]
Oath of Allegiance
All public officers and employees shall take an oath or affirmation to uphold & defend
this Constitution. [Sec. 14, Art. 9-B]

PARTISAN POLITICAL ACTIVITY

 No officer or employee in the CS shall engage, in any electioneering or II. COMELEC
partisan political campaign [Sec 2 (4) Art IX B] (See separate part on Election Law)
 The CS Law prohibits engaging directly or indirectly in any partisan political
activity or taking part in any election, except to vote, or use official authority
to coerce the political activity of any person or body. But this does not
prevent expression of views on current political issues, or mention the
names of candidates for public office whom the public officer supports.
 Military is covered by this provision, except reservists.
 Prohibition NOT applicable to: Mem of the Cabinet and public officers &
employees holding political offices (who are allowed to take part in political &
electoral activities, except to solicit contributions from their subordinates or
commit acts prohibited under Election Code)

RIGHT TO SELF-ORGANIZATION
 The right to self-organization shall not be denied to gov’t employees [Sec. 2
(5) Art IX B]
 But they may not engage in strikes to demand changes in the terms &
conditions of their employment.
 Ratio: these are provided by law.

Protection to temporary employees (TE)

TE of the government shall be given such protection as may be provided by the law
[Sec 2 (6) Art IX B]

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 62

 POLITICAL LAW FINALS REVIEWER (2nd half)

III. COMMISSION ON AUDIT 4) Promulgate accounting and auditing rules & regulations including those for
the prevention & disallowance of irregular, unnecessary, expensive,
COMPOSITION extravagant, or unconscionable expenditures or uses of government funds or
 Chairman & 2 Commissioners property.

QUALIFICATIONS o COA may stop payment of the price stipulated in gov’t contracts
 Natural born Filipino citizens when found to be irregular or extravagant.
 At least 35 o COA may validly prohibit the use of gov’t vehicles of officials who
 CPAs w/ not less than 10 yrs of auditing experience OR mem of the Phil bar are provided transportation allowance.
w/ at least 10 yrs practice of law
 Must not have been candidates in the election immediately preceding the JURISDICTION
appointment  No law shall be passed exempting any entity of Gov’t, or any investment of
 At no time shall all mem belong to the same profession public funds, from the jurisdiction of the CoA. [sec. 3, Art 9-B]
 CoA has the authority to investigate whether directors, officials or employees
 Appointed by the Pres w/ CoA consent for a term of 7 yrs w/o reappointment
of government-owned and contro0lled corporations, receiving additional
allowances and bonuses are entitled to such benefits under applicable laws.
Promotional appointment of commissioner to chairman is not prohibited, provided new
 Sec. 18, RA 6758 prohibits officials and employees of COA from receiving
appointee’s tenure in both capacities does not exceed 7 years.
salaries, honoraria, bonuses, allowances or other emoluments from any
POWERS/DUTIES gov’t entity except compensation paid directly by COA out of its
appropriations.
1) Examine, audit, & settle all accounts pertaining to the revenue and receipts
of, & expenditures or uses of funds and property owned or held in trust or
CASE DOCTRINES
pertaining to, the Gov’t
CSC VS DEPARTMENT OF BUDGET
o Post-audit basis: ConComs and other bodies with fiscal autonomy,
 The ‘no report, no release’ policy may not be validly enforced against offices
autonomous state colleges and universities, other GOCCs and
vested with fiscal autonomy.
subsidiaries, NGOs receiving subsidy from or through gov’t.
 To hold that CSC may be subjected to withholding or reduction of funds in
o Temporary or special pre-audit: where the internal control system of
the event of a revenue shortfall would, to that extent, place CSC and the
the audited agency is inadequate.
other entities vested with fiscal autonomy on equal footing with all others
o Under the 1987 Constitution, COA may validly veto appropriations
which are not granted the same autonomy, thereby reducing to naught the
which violate rules on unnecessary, irregular, extravagant, or
distinction established by the Consti. The agencies which the Consti has
unconscionable expenses.
vested with fiscal autonomy should thus be given priority in the release of
o COA has audit jurisdiction over GOCCs with original charter and
their approved appropriations over all other agencies not similarly vested
GOCCs without original charter. Nature or purpose of the
when there is a revenue shortfall.
corporation is not material.
o COA auditors should act with great care and caution, as their
CHREA VS CHR
conclusion constitutes sufficient basis for the filing of appropriate
 The SC said that only the following departments or offices enjoy fiscal
charges against erring employees.
autonomy as mandated by the Constitution: the Constitutional Commissions,
the Office of the Ombudsman, and the Judiciary. The bases are in the
2) Keep the gen. accts of the gov’t and preserve vouchers and supporting
Constitutional provisions themselves.
papers for such period as provided by law
 In all of the said departments and commissions, there is a provision
declaring: “The Commission/Judiciary/Office of the Ombudsman shall enjoy
3) Authority to define the scope of its audit and examination, establish
fiscal autonomy. Their approved annual appropriations shall be automatically
techniques and methods required therefor.
and regularly released.*”
o COA’s power to define scope of audit and promulgate auditing rules
GAMINDE VS COMMISSION ON AUDIT
and regulations and the power to disallow unnecessary
 In the law of public officers, there is a settled distinction between “term” and
expenditures is exclusive. Power to examine audit is NOT
“tenure.” “[T]he term of an office must be distinguished from the tenure of the
exclusive.
incumbent. The term means the time during which the officer may claim to
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 63
 POLITICAL LAW FINALS REVIEWER (2nd half)
hold office as of right, and fixes the interval after which the several
incumbents shall succeed one another.
 The tenure represents the term during which the incumbent actually holds
the office. The term of office is not affected by the hold-over. The tenure may
be shorter than the term for reasons within or beyond the power of the
incumbent.”
FETALINO VS COMELEC
 To be entitled to the five-year lump sum gratuity under Sec 1 RA 1568, any
of the following events must transpire: 1) retirement from the service for
having completed the term of office; 2) Incapacity to discharge the duties of
their office, 3) death while in the service; and 4) resignation after reaching
the age of sixty (60) years but before the expiration of the term of the office.
In addition, the officer should have rendered not less than 20 years of
service in the gov’t at the time of retirement.
 A simple reading of this provision shows that it only applies to ordinary
actions, special proceedings, provisional remedies and special reliefs. Under
Section 5, Rule 1 of the Comelec Rules of Procedures, ordinary actions refer
to election protests, quo warranto, and appeals from decisions of courts in
election protest cases; special
ALVAREZ VS COMELEC
 The Court is not unaware of the Constitutional provision cited by petitioner. It
agrees with him that election cases must be resolved justly, expeditiously
and inexpensively. It is also not unaware of the requirement of Section 257
of the Omnibus Election Code that election cases brought before the
Commission shall be decided within ninety days from the date of submission
for decision.
 The records show that petitioner contested the results of ten (10) election
precincts involving scrutiny of affirmation, reversal, validity, invalidity,
legibility, misspelling, authenticity, and other irregularities in these ballots.
The COMELEC has numerous cases before it where attention to minutiae is
critical. Considering further the tribunal's manpower and logistic limitations, it
is sensible to treat the procedural requirements on deadlines realistically.
 Overly strict adherence to deadlines might induce the Commission to resolve
election contests hurriedly by reason of lack of material time. In our view this
is not what the framers of the Code had intended since a very strict
construction might allow procedural flaws to subvert the will of the electorate
and would amount to disenfranchisement of voters in numerous cases.
CSC VS COURT OF APPEALS
 The CSC, as the central personnel agency of the government, has the power
to appoint and discipline its officials and employees and to hear and decide
administrative cases instituted by or brought before it directly or on appeal.
Section 2(1), Article IX(B) of the 1987 Constitution defines the scope of the
civil service:
o The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 By virtue of Presidential Decree (P.D.) No. 1341, PUP became a chartered
state university, thereby making it a government-owned or controlled
corporation with an original charter whose employees are part of the Civil
Service and are subject to the provisions of E.O. No. 292.
DEL CASTILLO VS CSC
 When an official or employee was illegally dismissed and his reinstatement
has later been ordered, for all legal purposes he is considered as not having
left his office. Therefore, he is entitled to all the rights and privileges that
accrue to him by virtue of the office he held
PNB VS GARCIA
 The right to appeal is not a natural right or a part of due process, but a mere
statutory privilege that may be exercised only in the manner prescribed by
law. Under PD 807, the Civil Service Commission has jurisdiction over
appeals of administrative disciplinary cases, in which penalty imposed is
suspension for more than 30 days; a fine exceeding 30 days’ salary; a
demotion in rank or salary; or, transfer, removal, or dismissal from office.
BANTAY REPUBLIC ACT VS COMELEC
 COMELEC has a constitutional duty to disclose and release the names of
the nominees of the party-list groups named in herein petitions. As may be
noted, no national security or like concerns is involved in the disclosure of
the names of the nominees of the party-list groups in question.
 Doubtless, the COMELEC committed grave abuse of discretion in refusing
the legitimate demands of the petitioners for a list of the nominees of the
party list groups.
SANTOS VS COURT OF APPEALS
 The retirement benefits which Santos had received or has been receiving
under R.A. 910 do not constitute double compensation. He could continue
receiving the same even if after his retirement he had been receiving salary
from the defunct MMA as Director III thereof. This is but just because said
retirement benefits are rewards for his services as MeTC Judge, while his
salary was his compensation for his services as Dir. III of the MMA.
 However, to credit his years of service in the Judiciary in the computation of
his separation pay under R.A. No. 7924 notwithstanding the fact that he had
received or has been receiving the retirement benefits under R.A 910, would
be to allow double compensation for exactly the same services, that is his
services as MeTC Judge.
 Such would run counter to the policy of this Court against double
compensation for exactly the same service. It would be in violation of the 1st
par. of Sec. 8 of Art. 9- B of the Constitution, which proscribes additional,
double, or indirect compensation. Moreover, Sec. 11 of R.A. No. 7924 does
not specifically authorize payment of additional compensation for years of
govt. service outside of the MMA.
64
 POLITICAL LAW FINALS REVIEWER (2nd half)
CSC VS YU
 We rule, therefore, under the attendant circumstances of the case, that with
Dr. Castillo's re-absorption by the DOH which appears to bear the former's
approval, her devolved position with the LGU of Basilan was left vacant. In
her May 19, 1994 letter to Governor Salapuddin, Ms. Vivian L. Young
informed the local chief executive that he had the ―option to retain the item
vacated or to collapse the same for financial reasons.
 Thus, we hold that Dr. Yu was validly appointed to the position of PHO II in
1994 and, consequently, acquired a vested right to its re-classified
designation – Chief of Hospital II. As such, Dr. Yu should have been
automatically re-appointed by Secretary Dayrit in accordance with the
Guidelines for the ReNationalization of Personnel, Assets and
Appropriations of Basilan Provincial Hospital.
PENERA VS COMELEC
 SECTION 80. Election campaigning or a partisan political activity outside
campaign period- It shall be unlawful for any person, whether or not a voter
or candidate, or for any party, or association of persons, to engage in an
election campaign or partisan political activity except during the campaign
period: xxxxx
 SECTION 68. Disqualifications.- Any candidate who, in action or protest in
which he is a party is declared by final decision of a complete court guilty of,
or found by the Commission of having xxx e) violated any of Sections 80, 83,
85, 86 and 261, paragraphs d,e,k,v and cc, subparagraph 6, shall be
disqualified from continuing as a candidate, or if he has been elected, from
holding the office.
 In the case at bar, it had been sufficiently established, not just by Andanar’s
evidence, but also those of Penera herself, that Penera and her partymates,
after filing their COCs, participated in a motorcade which passed through the
different barangays of Sta. Monica, waived their hands to the public, and
threw candies to the onlookers.
QUINTO VS COMELEC
 Substantial distinctions clearly exist between elective officials and appointive
officials. The former occupy their office by virtue of the mandate of the
electorate. They are elected to an office for a definite term and may be
removed therefrom only upon stringent conditions.
 On the other hand, appointive officials hold their office by virtue of their
designation thereto by an appointing authority. Some appointive officials hold
their office in a permanent capacity and are entitled to security of tenure
while others serve at the pleasure of the appointing authority.
 Another substantial distinction between the two sets of officials is that
appointive officials, as officers and employees in the civil service, are strictly
prohibited from engaging in any partisan political activity or take (sic) part in
any election except to vote. Under the same provision, elective officials, or
officers or employees holding political offices, are obviously expressly
allowed to take part in political and electoral activities.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
MENDOZA VS COMELEC
 There is a difference in the result of the exercise of jurisdiction by the
COMELEC over election contests. The difference inheres in the kind of
jurisdiction invoked, which in turn, is determined by the case brought before
the COMELEC. When a decision of a trial court is brought before the
COMELEC for it to exercise appellate jurisdiction, the division decides the
appeal but, if there is a motion for reconsideration, the appeal proceeds to
the banc where a majority is needed for a decision.
 If the process ends without the required majority at the banc, the appealed
decision stands affirmed. Upon the other hand, and this is what happened in
the instant case, if what is brought before the COMELEC is an original
protest invoking the original jurisdiction of the Commission, the protest, as
one whole process, is first decided by the division, which process is
continued in the banc if there is a motion for reconsideration of the division
ruling.
 If no majority decision is reached in the banc, the protest, which is an original
action, shall be dismissed. There is no first instance decision that can be
deemed affirmed.
TALAGA VS COMELEC
 Considering that a cancelled CoC does not give rise to a valid candidacy,
there can be no valid substitution of the candidate under Section 77 of the
Omnibus Election Code. It should be clear, too, that a candidate who does
not file a valid CoC is not at all a candidate.
 All told, a disqualified candidate may only be substituted if he had a valid
certificate of candidacy in the first place because, if the disqualified
candidate did not have a valid and seasonably filed certificate of candidacy,
he is and was nota candidate at all.
ABUNDO VS COMELEC
 Considering that a cancelled CoC does not give rise to a valid candidacy,
there can be no valid substitution of the candidate under Section 77 of the
Omnibus Election Code. It should be clear, too, that a candidate who does
not file a valid CoC may not be validly substituted, because a person without
a valid CoC is not considered a candidate in much the same way as any
person who has not filed a CoC is not at all a candidate.
 Likewise, a candidate who has not withdrawn his CoC in accordance with
Section 73 of the Omnibus Election Code may not be substituted. A
withdrawal of candidacy can only give effect to a substitution if the substitute
candidate submits prior to the election a sworn CoC as required by Section
73 of the Omnibus Election Code.
 The notion of full service of three consecutive terms is related to the
concepts of interruption of service and voluntary renunciation of service. The
word interruption means temporary cessation, intermission or suspension.
To interrupt is to obstruct, thwart or prevent.
 When the Constitution and the LGC of 1991 speak of interruption, the
reference is to the obstruction to the continuance of the service by the
concerned elected official by effectively cutting short the service of a term or
giving a hiatus in the occupation of the elective office. On the other hand, the
65
 POLITICAL LAW FINALS REVIEWER (2nd half)

word “renunciation” connotes the idea of waiver or abandonment of a known
right.
 To renounce is to give up, and on, decline or resign. Voluntary renunciation
of the office by an elective local official would thus mean to give up or
abandon the title to the office and to cut short the service of the term the
concerned elected official is entitled to.
JALOSJOS VS COMELEC
 While the Constitution vests in the COMELEC the power to decide all
questions affecting elections, such power is not without limitation. It does not
extend to contests relating to the election, returns, and qualifications of
members of the House of Representatives and the Senate.
 The Constitution vests the resolution of these contests solely upon the
appropriate Electoral Tribunal of the Senate or the House of
Representatives.
SOBEJANA-CONDON VS COMELEC
 There is no reason to dispute the COMELEC’s authority to order
discretionary execution of judgment in view of the fact that the suppletory
application of the Rules of Court is expressly sanctioned by Section 1, Rule
41 of the COMELEC Rules of Procedure.
ARATEA VS COMELEC
 We hold that Antipolo, the alleged “second placer,” should be proclaimed
Mayor because Lonzanida’s certificate of candidacy was void ab initio. In
short, Lonzanida was never a candidate at all. All votes for Lonzanida were
stray votes. Thus, Antipolo, the only qualified candidate, actually garnered
the highest number of votes for the position of Mayor. The conviction of
Lonzanida by final judgment, with the penalty of prisión mayor, disqualifies
him perpetually from holding any public office, or from being elected to any
public office. This perpetual disqualification took effect upon the finality of the
judgment of conviction, before Lonzanida filed his certificate of candidacy.
accordance with the law and existing regulations, and on the basis of
prescribed documents and necessary records.
MAQUILING VS COMELEC
 It is unquestioned that Arnado is a natural born Filipino citizen, or that he
acquired American citizenship by naturalization. There is no doubt that he
reacquired his Filipino citizenship by taking his Oath of Allegiance to the
Philippines and that he renounced his American citizenship. It is also
indubitable that after renouncing his American citizenship, Arnado used his
U.S. passport at least six times.
 If there is any remaining doubt, it is regarding the efficacy of Arnado’s
renunciation of his American citizenship when he subsequently used his U.S.
passport. The renunciation of foreign citizenship must be complete and
unequivocal. The requirement that the renunciation must be made through
an oath emphasizes the solemn duty of the one making the oath of
renunciation to remain true to what he has sworn to.
 Allowing the subsequent use of a foreign passport because it is convenient
for the person to do so is rendering the oath a hollow act. It devalues the act
of taking of an oath, reducing it to a mere ceremonial formality.
 The dissent states that the Court has effectively left Arnado "a man without a
country".1On the contrary, this Court has, in fact, found Arnado to have more
than one. Nowhere in the decision does it say that Arnado is not a Filipino
citizen. What the decision merely points out is that he also possessed
another citizenship at the time he filed his certificate of candidacy.

DELA CRUZ VS COMELEC

 We hold that the rule in Resolution No. 4116 considering the votes cast for a
nuisance candidate declared as such in a final judgment, particularly where
such nuisance candidate has the same surname as that of the legitimate
candidate, not stray but counted in favor of the latter, remains a good law.
 As earlier discussed, a petition to cancel or deny a COC under Section 69 of
the OEC should be distinguished from a petition to disqualify under Section
68. Hence, the legal effect of such cancellation of a COC of a nuisance
candidate cannot be equated with a candidate disqualified on grounds
provided in the OEC and Local Government Code.

DELOS SANTOS VS COA

 Public officers who are custodians of government funds shall be liable for
their failure to ensure that such funds are safely guarded against loss or
damage, and that they are expended, utilized, disposed of, or transferred in

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 66

 POLITICAL LAW FINALS REVIEWER (2nd half)

i. The special prosecutor cannot conduct an investigation into alleged

VII. ACCOUNTABILITY OF PUBLIC OFFICERS misconduct of a Supreme Court Justice, with the end view of filing a
criminal information against him with the Sandiganbayan, as this
would violate the security of tenure of Supreme Court Justices(AM
1935 1973 1987 No. 88-4-5433)
 President  President  President ii. An impeachable officer who is a member of the Philippine Bar
 Vice-  Members of  Vice-President cannot be disbarred without fist being impeached (Jarque v.
President the Supreme  Members of the Desierto)
IMPEACHABLE  Justices of Court Supreme Court
 GROUNDS FOR IMPEACHMENT
OFFICERS the Supreme Members of  Members of the
Court the Constitutional 1) Culpable violation of the Constitution
 Auditor Constitutional Commissions 2) Treason
3) Bribery
General Commissions  Ombudsman
4) Graft and Corruption
 Culpable  culpable  culpable 5) Other high crimes
violation of the violation of violation of the 6) Betrayal of public trust
Constitution the Constitution
 Treason Constitution  treason PROCEDURE FOR IMPEACHMENT
 Bribery  treason  Bribery i. Initiating impeachment case
GROUNDS FOR
 Other high  Bribery  graft and o The House of Representative shall have the exclusive power to
IMPEACHMENT
crimes.  other high corruption initiate all cases of impeachment
crimes  other high o Impeachment case is deemed initiated when the complaint with the
 graft and crimes accompanying resolution of endorsement has been filed with the
corruption.  betrayal of House of Representatives and referred to the appropriate committee
public trust o A verified complaint for impeachment may be filed by ANY MEMBER
OF THE HOUSE OF REPRESENTATIVES or by ANY CITIZEN upon
STATEMENT OF POLICY a resolution of endorsement by any member thereof.
 Public office is a public trust. Public officers and employees must at all times o Included in the Order of Business within 10 session days and referred
be accountable to the people, serve them with utmost responsibility, to the proper committee within 3 session days
integrity, loyalty, and efficiency, act with patriotism and justice, and lead  If the verified complaint is filed by AT LEAST 1/3 of all the
modest lives. (SEC 1 ART XI 1987 CONSTITUTION) members of the house, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall
IMPEACHMENT forthwith proceed. There is no need to refer the same to
the proper committee
DEFINITION  The committee, after hearing, and by majority vote of all is
 A national inquest into the conduct of public men. members shall submit its report to the House within 60
 Power of the Congress to remove a public official for serious crimes or session days from such referral, together with the
misconduct as provided in the Constitution. corresponding resolution
 A mechanism designed to check abuse of power, impeachment has its roots  A vote of AT LEAST 1/3 of ALL member of the House shall
in Athens and was adopted in the US through the influence of English be necessary either to affirm a favorable resolution with
common law on the framers of the US Constitution. Our own Constitution’s the Articles of Impeachment of the Committee or override
provision on impeachment were adopted from the US Constitution. its contrary resolution. The vote of each member shall be
recorded.
IMPEACHABLE OFFICERS
1) President ii. Limitation on initiating impeachment case
2) Vice-President o NOT MORE THAN ONCE within a period of ONE year against the
3) Chief Justice and Associate Justices of the Supreme Court SAME official
4) Chairmen and Members of the Constitutional Commissions o The validity of the exercise of such power is determined
5) Ombudsman through the power of judicial review (see case of Gutierrez v.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 67
 POLITICAL LAW FINALS REVIEWER (2nd half)
House of Representatives Committee on Justice below GR
No. 193459)
 The power of Judicial Review includes the power to review
justiciable issues in an impeachment proceeding (Corona v. Senate
GR No. 200242)
iii. Trial and Decision
 Senate shall have the sole power to try and decide all cases of
impeachment.
 When sitting for that purpose, the Senators shall be on oath or
affirmation
 When the President of the Philippines is on trial, the Chief justice of
the Supreme Court shall preside, but shall not vote.
 A decision of conviction must be concurred in by AT LEAST 2/3 of
ALL the members of the SENATE.
iv. Effect of Conviction
 Removal from office and disqualification to hold any office under the
Republic of the Philippines
 But the party convicted shall be liable and subject to prosecution, trial
and punishment according to law.
SANDIGANBAYAN
The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law. (SEC 4 ART
XI 1987 CONSTITUTION)
COMPOSITION
1. Presiding Justice
2. 20 Associate Justices with the rank of Justice of the Court of Appeals
 It shall sit in 7 divisions of three members each
 Two members shall constitute a quorum for sessions in division:
provided, that when the required quorum for a division cannot be had
due to
 Legal disqualification
 Temporary incapacity or
 Vacancy
 The Presiding Justice may designate a member of another division to be
determined by STRICT ROTATION on the basis of REVERSE ORDER OF
PRECEDENCE to sit as a special member of said division with all the rights
and prerogatives of a regular member of said division in the trial and
determination of a case or cases assigned thereto.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
JURISDICTION
1) The Sandiganbayan shall exercise EXCLUSIVE ORIGINAL jurisdiction in all
cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as
the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and
Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more of the accused are officials occupying the following
positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade '27' and higher, of the
Compensation and Position Classification Act of 1989 (Republic Act No.
6758), specifically including:
"(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan and provincial treasurers, assessors,
engineers and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors engineers and other city
department heads;
"(c) Officials of the diplomatic service occupying the position of
consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
"(e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher;
"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;
"(g) Presidents, directors or trustees, or managers of government-
owned or -controlled corporations, state universities or educational
institutions or foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'and
up under the Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher
under the Compensation and Position Classification Act of 1989.
b. Other offenses or felonies whether simple or complexed with other
crimes committed by the public officials and employees mentioned in
subsection a of this section in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
Provided that the RTC shall have exclusive jurisdiction where the
information:
a.) Does not allege any damage to the government or any bribery or;
68
 POLITICAL LAW FINALS REVIEWER (2nd half)
b.) Alleges damage to the government or bribery arising from the same
or closely related transactions or acts in an amount not exceeding
P1,000,000.00
c.) "The Sandiganbayan shall exercise exclusive appellate jurisdiction
over final judgments, resolutions or orders or regional trial courts
whether in the exercise of their own original jurisdiction or of their
appellate jurisdiction as herein provided.
2) "The Sandiganbayan shall have EXCLUSIVE ORIGINAL jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition, certiorari,
habeas corpus, injunctions, and other ancillary writs and processes in aid of
its appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
3) "The Sandiganbayan shall exercise EXCLUSIVE APPELLATE jurisdiction
over final judgments, resolutions or orders or regional trial courts whether in
the exercise of their own original jurisdiction orof their appellate jurisdiction
as herein provided.
PROCEEDINGS
 All three members of a division shall deliberate on all matters submitted for
judgment, decision, final order or resolution.
 The concurrence of a majority of the members of a division shall be
necessary to render a judgment, decision, or final order, or to resolve
interlocutory or incidental motions
CASE: Macalino v. Sandiganbayan
 Sandiganbayan does not have jurisdiction over a private individual.
The only instance when the Sandiganbayan may exercise
jurisdiction over a private individual is when the complaint charges
him either as a co-principal, accomplice or accessory of a public
officer who has been charged with a crime within the jurisdiction of
Sandiganbayan.
CASE: Lacson v. Executive Secretary
 It is required that the charge be set forth with particularity as will
reasonably indicate that the exact offense which the accused is
alleged to have committed is one in relation to his office. Thus, a
mere allegation in the information that the offense was committed
by the accused public officer “in relation to his office” is a
conclusion of law, not a factual averment that would show the close
intimacy between the offense charged and the discharge of official
duties by the accused.
REVIEW
 Decisions of the Sandiganbayan shall be reviewable by the Supreme Court
on a petition for certiorari
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
CASE: Bolastig v. Sandiganbayan
 It is mandatory for the Sandiganbayan to suspend any public officer
against whom a valid information charging violation of that law, or
any offense involving fraud upon the government or public funds or
property is filed. The only ground that may be raised in order to
avert the mandatory preventive suspension is the invalidity of the
criminal information
 The appellate jurisdiction of the Supreme Court over decisions and final
orders of the Sandiganbayan is limited to questions of law.
OMBUDSMAN
COMPOSITION
 An Ombudsman (Tanodbayan)
 1 Overall deputy
 At least one deputy each for Luzon, Visayas and Mindanao
 A separate Deputy for the military may likewise be established
QUALIFICATIONS
 Natural born Citizens of the Philippines
 At least 40 years old
 Recognized probity and independence
 Member of the Philippine Bar
 Not have been a candidate for any elective office in the immediately
preceding election
 The ombudsman must have been a judge or engaged in the practice of law
for 10 years.
APPOINTMENT OF THE OMBUDSMAN AND HIS DEPUTIES
 Appointed by the President from a list of three nominees prepared by the
Judicial and Bar Council.
 All vacancies to be filled in three months
 Term of office is 7 years without reappointment
 The Ombudsman and his deputies shall have the rank and salary of
Chairman and members respectively of the Constitutional Commissions, and
their salaries shall not be decreased during their term of office.
 Office of the Ombudsman shall enjoy fiscal autonomy
DISQUALIFICATIONS/INHIBITIONS
1. During their tenure, shall not hold any other office or employment;
2. Shall not engage in the practice of any profession or in the active
management or control of any business which in any way may be affected
by the functions of his office;
3. Shall not be financially interested , directly or indirectly, in any contract with,
or in any franchise or privilege granted by the government, or any of its
subdivisions, etc.;
69
 POLITICAL LAW FINALS REVIEWER (2nd half)
4. And shall not be qualified to run for any office immediately succeeding their
cessation from office.
REMOVAL OF THE OMBUDSMAN
 May be removed from office only on impeachment for, and conviction of
 Culpable violation of the Constitution
 Treason
 Bribery
 Graft and corruption
 Other high crimes
 Betrayal of public trust
DISCIPLINARY AUTHORITY OVER THE OMBUDSMAN’S DEPUTIES
 It is the Ombudsman who exercises administrative disciplinary jurisdiction
over her Deputies
 The Office of the Special Prosecutors is under the disciplinary jurisdiction of
the President.
 The Office of the Special Prosecutor is separate from the Office of the
Ombudsman. It is only the latter that is endowed with Constitutional
Independence.
POWERS AND DUTIES
 Special prosecutor may prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they come under the administrative
supervision of the Supreme Court.
 The Tanodbayan could review and reverse the findings of the City fiscal, and
order him to withdraw certain charges.
o But the prosecution of election offenses is a function of the
COMELEC and may not be discharged by the Sandiganbayan
o Although the Office of the Ombudsman has the discretion to
determine whether an information should be withdrawn and a
criminal case be dismissed, and to move for the withdrawal or
dismissal of such case, the final disposition of the said motion and
such case is addressed to the sound discretion of the
Sandiganbayan, subject only to the caveat that the action of the
Sandiganbayan must not impair the substantial rights of the
accused and the right of the people to due process of law.
 The Ombudsman may start an investigation on the basis of an anonymous
letter. The Constitution mandates the Ombudsman to act promptly on
complaints filed in any form.
 The Ombudsman or his deputy is authorized to preventively suspend any
officer or employee under his authority pending an investigation irrespective
of whether such officer or employee is employed in the office of the
Ombudsman or in any other government agency.
 The Ombudsman shall have other functions as may be provided by law.
 Ombudsman is authorized to utilize the personnel of his office to assist in the
investigation of cases
 May refer cases involving non-military personnel for investigation by the
Deputy Ombudsman for military affairs
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
 Has the constitutional power to directly remove from government service an
erring public official, other than a Member of the Congress or Judiciary.
o The authority of the Ombudsman to impose administrative penalty
and enforce compliance therewith is not merely recommendatory;
IT IS MANDATORY within the bounds of law. The implementation
of the order imposing the penalty is however to e coursed through
the proper officer.
o When a public official has been found guilty of an administrative
charge by the Office of the Ombudsman and the penalty imposed is
suspension for more than one month, an appeal may be made to
the CA. However, such appeal shall not stop the decision from
being executory, and the implementation of the decisions follows
as a matter of course.
o Where the respondent is absolved of the charge, or in case of
conviction the penalty imposed is public censure or reprimand or
suspension for a period not more than one month or a fine
equivalent to one months salary the Ombudsman decision shall be
final, executor and unappealable but it is still subject to Judicial
review when it fails in the test of arbitrariness, there is grave abuse
of discretion, fraud or error of law, or when the Ombudsman
misappreciates evidence of such nature as to compel a contrary
conclusion.
SPECIAL PROSECUTOR
 The existing Tanodbayan at the Time of the adoption of the 1987
Constitution shall thereafter be known as Office of the Special Prosecutor. It
shall continue to function and exercise its powers as now or hereafter
provided by law, except those conferred on the office of the Ombudsman.
 It does not have the authority to conduct preliminary investigation and to
direct the filing of the criminal cases with the Sandiganbayan EXCEPT upon
orders of the Ombudsman.
ILL-GOTTEN WEALTH
The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel. (SEC 15 ART XI 1987 CONSTITUTION)
 This provision applies only to civil actions for recovery of ill-gotten
wealth and not to criminal cases
 This provision against estoppels does not apply in the case of the
grant of criminal and civil immunity, including the immunity against
being compelled to testify in any foreign or domestic proceeding other
than the civil and arbitration cases identified in the Immunity
Agreement.
70
 POLITICAL LAW FINALS REVIEWER (2nd half)
RESTRICTION ON LOANS
No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the Vice-President, the
Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure. (SEC 16 ART XI 1987 CONSTITUTION)
STATEMENT OF ASSETS LIABILITIES AND NET WORTH
A public officer or employee shall, upon assumption of office and as often thereafter
as may be required by law, submit a declaration under oath of his assets, liabilities,
and net worth. In the case of the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed forces with general or flag rank, the
declaration shall be disclosed to the public in the manner provided by law. (SEC 17
ART XI 1987 CONSTITUTION)
ALLEGIANCE TO THE STATE AND THE CONSTITUTION
Public officers and employees owe the State and this Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall be dealt
with by law. (SEC 18 ART XI 1987 CONSTITUTION)
CASES
AMIT VS COA G.R. NO. 176172
 Public office is a public trust and public officers and employees must at
all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and
justice and lead modest lives. This high constitutional standard of
conduct is not intended to be mere rhetoric; those in the public service
are enjoined to fully comply with this standard or run the risk of facing
administrative sanctions ranging from reprimand to the extreme penalty
of dismissal from the service.
SEVILLE VS COA GR NO. 177657
 In grave misconduct, the elements of corruption, clear intent to violate
the law, or flagrant disregard of an established rule must be evident.
Misconduct, in the administrative sense, is a transgression of some
established and definite rule of action. On the other hand, dishonesty is
intentionally making a false statement in any material fact or the
disposition to lie, cheat, deceive or defraud. Both are considered grave
offenses for which the penalty of dismissal is meted even for first time
offenders
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
GUTIERREZ VS. HOR COMMITTEE ON JUSTICE G.R. NO. 193459
 Under the doctrine of expanded judicial review. The Constitution did not
intend to leave the matter of impeachment to the sole discretion of
Congress. Instead, it provided for certain well-defined limits, or in the
language of Baker v. Carr, "judicially discoverable standards" for
determining the validity of the exercise of such discretion, through the
power of judicial review.
 When is an impeachment complaint deemed initiated? There are two
components of the act of initiating the complaint: the filing of the
impeachment complaint AND the referral by the House Plenary to the
HCOJ. Once an impeachment complaint has been initiated (meaning,
filed and initiated), another impeachment complaint may not be filed
against the same official within a one year period.
 The Court, of course, does not downplay the importance of an
impeachment complaint, for it is the matchstick that kindles the candle
of impeachment proceedings. The filing of an impeachment complaint is
like the lighting of a matchstick. Lighting the matchstick alone, however,
cannot light up the candle, unless the lighted matchstick reaches or
torches the candle wick. Referring the complaint to the proper
committee ignites the impeachment proceeding. With a simultaneous
referral of multiple complaints filed, more than one lighted matchsticks
light the candle at the same time.
BOLASTIG VS. SANDIGANBAYAN & PEOPLE OF THE PHILS. G.R. NO. 110503.
AUGUST 4, 1994
 It is now settled that Sec. 13 of Republic Act No. 3019 makes it mandatory
for the Sandiganbayan to suspend any public officer against whom a valid
information charging violation of that law; The duration of preventive
suspension will, therefore, vary to the extent that it is contingent on the time
it takes the court to decide the case but not on account of any discretion
lodged in the court, taking into account the probability that the accused may
use his office to hamper his prosecution; The fact that an elected official’s
preventive suspension may deprive his constituents of the official elected by
them is not a sufficient basis for reducing what is otherwise a mandatory
suspension provided by law.
FAJARDO V. OFFICE OF THE OMBUDSMAN G.R. NO. 173268
 Under the "threefold liability rule," any act or omission of any public
official or employee can result in criminal, civil, or administrative
liability, each of which is independent of the other. The power of the
Ombudsman to determine and impose administrative liability is not merely
recommendatory but actually mandatory.
71
 POLITICAL LAW FINALS REVIEWER (2nd half)

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 72

 POLITICAL LAW FINALS REVIEWER (2nd half)
VIII. NATIONAL ECONOMY AND PATRIMONY
GOALS [Sec. 1, Art. XII]
1. More equitable distribution of opportunities, income and wealth.
2. Sustained increase in amount of goods and services produced by the nation
for the benefit of the people.
3. Expanding production as the key to raising the quality of life for all, especially
the underprivileged.
For the attainment of these goals, the State shall promote industrialization and full
employment based on sound agricultural development and agrarian reform, through
industries that make full and efficient use of human and natural resources, and which
are competitive in both domestic and foreign markets. The State shall protect Filipino
enterprises from unfair competition and trade practices.
A. Natural Resources
THE REGALIAN DOCTRINE (JURA REGALIA)
 The universal feudal theory that all lands were held by the Crown [Justice
Holmes, Cariño v. Insular Government (1909)]
 Recognized in 1935, 1973 and 1987 Constitutions (ownership is vested in
the State as such rather than in the head thereof [Lee Hong Kok v. David, 48
SCRA 372]
 Sec. 2: All lands of the public domain, waters, minerals, coal, petroleum and
other mineral oils, all forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are owned by the
State. With the exception of agricultural lands, all other natural resources
shall not be alienated.
 Before any land may be classified from the forest group and converted into
alienable or disposable land for agricultural or other purposes, there must be
a positive act from the Government. [Sunbeam Convenience Food v. CA]
 Under the Regalian Doctrine, all lands not otherwise appearing to be clearly
within private ownership are presumed to belong to the State. Hence, a
positive act of the government is needed to declassify a forest land into
alienable or disposable land for agricultural or other purposes. The burden of
proof in overcoming the presumption of state ownership of the lands of the
public domain is on the person applying for registration that the land subject
of the application is alienable or disposable. xxx In any case tax declarations
and receipts are not conclusive evidence of ownership or of the right to
possess land when not supported by evidence. They are merely indicia of a
claim of ownership. [Director of Lands v. Intermediate Appellate Court, 219
SCRA 339]
 The task of administering and disposing lands of the public domain belongs
to the Director of Lands and, ultimately, the Secretary of Environment and
Natural Resources. The classification of public lands is, thus, an exclusive
prerogative of the Executive Department through the Office of the President.
[Republic v. Deeds of Quezon]
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
[Lee Hong Kok vs. David, 48 SCRA 372]:
1. Only the Government, represented by the Director of Lands, or the Secretary
of Agriculture and Natural Resources, can bring an action to cancel a void
certificate of title issued pursuant to a void patent. Private parties like the
plaintiffs cannot claim that the patent and title issued for the land involved
are void since they are not the registered owners thereof nor had they been
declared as owners in the cadastral proceedings after claiming it as their
private property. The SC have previously ruled that: Whether the grant was
in conformity with the law or not is a question which the government may
raise, but until it is raised by the government and set aside, the defendant
can not question it. The legality of the grant is a question between the
grantee and the government.
2. It is well-settled "that no public land can be acquired by private persons
without any grant, express or implied, from the government.” It is
indispensable then that there be a showing of a title from the state or any
other mode of acquisition recognized by law.
3. Imperium vs. Dominium
Imperium Dominium
 The government authority  The State’s capacity to own or
possessed by the State which acquire property.
is appropriately embraced in  Lands held by the State in its
sovereignty. proprietary character.
 In such capacity, it may provide
for the exploitation and use of
lands and other natural
resources, including their
disposition, except as limited by
the Constitution.
CITIZENSHIP REQUIREMENTS:
1. Exclusively for Filipino Citizens:
 Use and enjoyment of the nation’s marine wealth in its archipelagic waters,
territorial sea and exclusive economic zone [P.D. 1599 (June 11, 1978); UN
Convention on the Law of the Sea (ratified by RP in August, 1983)]
 The State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of the communal marine and
fishing resources, both inland and offshore [Sec. 7, Art. XII].
 Marginal fisherman - an individual engaged in fishing whose margin of return
or reward from his harvest of fish, as measured by existing price levels, is
barely sufficient to yield a profit or cover the cost of gathering the fish.
 “Subsistence” fisherman is one whose catch yields but the irreducible
minimum for his livelihood.
 “Marginal farmer or fisherman” as one engaged in subsistence farming or
fishing, which shall be limited to the sale, barter or exchange of agricultural
or marine products produced by himself and his immediate family [Sec. 131
of the Local Government Code].
 The preferential right granted to them is not absolute.
73
 POLITICAL LAW FINALS REVIEWER (2nd half)
2. Filipino citizens or corporations or associations at least 60% of whose capital
is Filipino owned:
 Co-production, joint venture or production sharing agreements [for
exploration, development and utilization of natural resources] – Agreements
shall not exceed a period of 25 years, renewable for another 25 years.
 Alienable lands of the public domain [which shall be limited to agricultural
lands]
 Filipino citizens – may acquire not more than 12 hectares by
purchase, homestead or grant; lease not more than 500
hectares;
 Private corporations – may lease not more than 1,000 hectares
for 25 years, renewable by 25 years.
 Certain areas of investment [as Congress shall provide when the national
interest so dictates] – Congress may prescribe higher percentage of Filipino
ownership.
 In the grant of rights, privileges and concessions covering the
national economy and patrimony, the State shall give preference
to qualified Filipinos [Sec. 10, Art. XII].
 Franchise, certificate or any other form of authorization for the operation of a
public utility
 [Heirs of Wilson P. Gamboa vs. Teves, 682 SCRA 397 (2012)]:
 The Constitution expressly declares as State policy the
development of an economy “effectively controlled” by Filipinos.
Consistent with such State policy, the Constitution explicitly
reserves the ownership and operation of public utilities to
Philippine nationals, who are defined in the Foreign Investments
Act of 1991 as Filipino citizens, or corporations or associations at
least 60 percent of whose capital with voting rights belongs to
Filipinos. The FIA’s implementing rules explain that “[f]or stocks
to be deemed owned and held by Philippine citizens or Philippine
nationals, mere legal title is not enough to meet the required
Filipino equity. Full beneficial ownership of the stocks, coupled
with appropriate voting rights is essential.” In effect, the FIA
clarifies, reiterates and confirms the interpretation that the term
“capital” in Section 11, Article XII of the 1987 Constitution refers
to shares with voting rights, as well as with full beneficial
ownership. This is precisely because the right to vote in the
election of directors, coupled with full beneficial ownership of
stocks, translates to effective control of a corporation.
 Both the Voting Control Test and the Beneficial Ownership Test
must be applied to determine whether a corporation is a
“Philippine national.”
 The 60-40 ownership requirement in favor of Filipino citizens
must apply separately to each class of shares, whether common,
preferred non-voting, preferred voting or any other class of
shares. This guarantees effective Filipino control of public
utilities, as mandated by the Constitution guarantees effective
Filipino control of public utilities, as mandated by the Constitution.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
Moreover, such uniform application to each class of shares
insures that the “controlling interest” in public utilities always lies
in the hands of Filipino citizens.
 “Philippine national” – a citizen of the Philippines, or a corporation
organized under the laws of the Philippines of which sixty percent
of the capital stock outstanding and entitled to vote is owned and
held by citizens of the Philippines [RA 7042 (Foreign Investment
Act of 1999)].
 A franchise, certificate or authorization shall not be exclusive nor
for a period more than 50 years, and shall be subject to
amendment, alteration or repeal by Congress.
 All executive and managing officers shall be Filipino citizens.
 A franchise from Congress is not required before each and every
public utility may operate. Unless there is a law that specifically
requires a legislative franchise for the operation of a public utility,
particular agencies in the executive department may issue
authorizations or licenses for the operation of certain classes of
public utilities.
 The Constitution, in no uncertain terms, requires a franchise for
the operation of public utilities. However, it does not require a
franchise before one can own the facilities needed to operate a
public utility so long as it does not operate them to serve the
public.
 A public utility is a business or service engaged in regularly
supplying the public with some commodity or service of public
consequence, such as electricity, gas, water, transportation,
telephone or telegraph service. To constitute a public utility, the
facility must be necessary for the maintenance of life and
occupation of the residents.
 A franchise is a privilege subject to amendment.
 Joint venture falls within the purview of an “association.”
 All broadcasting, whether radio or by television stations, is
licensed by the government. Radio and television broadcasting
companies, which are given franchises, do not own the airwaves
and frequencies through which they transmit broadcast signals
and images. They are merely given the temporary privilege to
use them. Thus, such exercise of the privilege may reasonably
be burdened with the performance by the grantee of some form
of public service. A franchise is a privilege subject to amendment,
and the provision of B.P. 881 granting free airtime to the
COMELEC is an amendment of the franchise of radio and
television stations. As radio and television broadcast stations do
not own the airwaves, no private property is taken by the
requirement that they provide air time to the COMELEC.
[Telecommunications and Broadcast Attorneys of the Philippines
vs. COMELEC, 289 SCRA 337]
74
 POLITICAL LAW FINALS REVIEWER (2nd half)
CLASSIFICATION OF LANDS OF PUBLIC DOMAIN
1. Agricultural
2. Forest or timber
3. Mineral lands
4. National parks
 The classification of public lands is a function of the executive branch of
government, specifically the Director of Lands, now the Director of the Land
Management Bureau. The decision of the Director, when approved by the
Secretary of the Department of Environment and Natural Resources, as to
questions of fact, is conclusive upon the courts. The principle behind this
ruling is that the subject has been exhaustively weighed and discussed and
must therefore be given credit. This doctrine finds no application, however,
when the decision of the director of lands is revoked by, or in conflict with
that of, the DENR Secretary [Republic v. Imperial, G.R. No. 130906,
February 11 1999].
 Alienable lands of the public domain shall be limited to agricultural lands
[Republic v. CA, 148 SCRA 480].
 Forest lands or areas covered with forests are excluded. They are incapable
of registration and their inclusion in a title, whether such title be one issued
during the Spanish sovereignty or under the present Torrens system of
registration, nullifies the title [Republic v. CA, 148 SCRA 480].
 Under Sec. 6 of the Public Land Act, the classification and the
reclassification of public lands are the prerogative of the Executive
Department. The President, through a presidential proclamation or
executive order, can classify or reclassify lands to be included or
excluded from the public domain. The DENR Secretary is likewise
empowered by law to approve a land classification and declare
such land as alienable and disposable [Sps. Fortuna v. Republic].
 The applicant may secure a certification from the government that
the lands applied for are alienable and disposable, but the
certification must show that the DENR Secretary had approved the
land classification and released the land of the public domain as
alienable and disposable, and that the land subject of the
application for registration falls within the approved area per
verification through the survey by the PENRO or CENRO. The
applicant must also present a copy of the original classification of
the land into alienable and disposable, as declared by the DENR
Secretary or as proclaimed by the President [Gaerlan v. Republic].
 Mere notations appearing in the survey plans are inadequate proof
of the covered properties’ alienable and disposable character. The
applicant must also present a copy of the original certification of the
land into alienable and disposable land as declared or proclaimed
[Sps. Fortuna v. Republic].
 Under Sec. 11 of the Public Land Law, alienable lands of public
domain may be disposed of by judicial confirmation of imperfect or
incomplete title – requires applicant to prove that they have been in
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
open, continuous, exclusive and notorious possession and
occupation of agricultural lands of the public domain, under a bona
fide claim of acquisition or ownership of at least 30 years, or at least
since May 8, 1947. (Date came about due to the enactment of P.D.
1073 in January 25, 1977, which amended the Public Land Act.
Counting 30 years from effectivity on May 9, 1977.)
 Foreshore land is that part of the land which is between the high
and low water, and left dry by the flux and reflux of the tides. It is
part of the alienable land of the public domain and may be disposed
of only by lease and not otherwise [Republic v. Imperial, G.R. No.
130906, February 11 1999].
 The 1987 Constitution prohibits private corporations from acquiring alienable
lands of the public domain.
 Our Constitution, whether the 1973 or 1987, prohibits private
corporations or associations from holding alienable lands of the
public domain except by lease. [Director of Lands v. Intermediate
Appellate Court, 219 SCRA 339]
 Congress shall determine the specific limits of forest lands and national
parks, marking clearly their boundaries on the ground [Sec. 5, Art. XII].
 The State shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social and cultural well being. The
Congress may provide for the applicability of customary laws governing
property rights or relations in determining the ownership and extent of
ancestral domain [Sec. 5, Art. XII].
 The Stewardship Concept:
 The use of property bears a social function, and all economic
agents shall contribute to the common good. Individuals and private
groups, including corporations, cooperatives and similar collective
organizations, shall have the right to own, establish and operate
economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so
demands [Sec. 6, Art. XII].
 The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands
of the public domain under lease or concession suitable to
agriculture, subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities to their ancestral
lands, x x x The State may resettle landless farmers and farm
workers in its own agricultural estates which shall be distributed to
them in the manner provided by law [Sec. 6, Art. XIII].
75
 POLITICAL LAW FINALS REVIEWER (2nd half)
B. Private Lands
RULE: Save in cases of hereditary succession, no private lands shall be transferred
or conveyed except to individuals, corporations or associations qualified to acquire or
hold lands of the public domain [Sec. 7, Art. XII].
EXCEPTIONS TO THE RULE:
1. Hereditary succession (This does not apply to testamentary dispositions)
2. A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands, subject to limitations
provided by law [Sec. 8, Art. XII].
3. Americans hold valid title to private lands as against private persons.
Section 5, Article XIII of the 1935 Section 14, Article XIV of the 1973:
Constitution: “Save in cases of hereditary succession,
“Save in cases of hereditary succession, no private land shall be transferred or
no private agricultural land shall be conveyed except to individuals,
transferred or assigned except to corporations, or associations qualified to
individuals, corporations, or associations acquire or hold lands in the public
qualified to acquire or hold lands of the domain.”
public domain in the Philippines.”
 The primary purpose of the constitutional provision disqualifying aliens from
acquiring lands of the public domain and private lands is the conservation of
the national economy and patrimony.
 Any sale or transfer in violation of the prohibition is null and void [Ong Ching
Po v. CA, 239 SCRA 341].
 However, land sold to an alien which is later transferred to a Filipino citizen --
- or where the alien later becomes a Filipino citizen --- can no longer be
recovered by the vendor, because there is no longer any public policy
involved [Republiv v. IAC and Gonzalvez].
 A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands, subject to limitations
provided by law [Sec. 8, Art. XII]:
 Similar to Sec. 15, Art. XIV, 1973 Constitution, pursuant to which
B.P. 185 was passed.
 B.P. 185 provided that a natural-born citizen of the Philippines who
lost his Filipino citizenship may be the transferee of private land up
to a maximum of 1,000 square meters, if urban, or one hectare, if
rural, to be used by him as his residence.
 B.P 185 has now been amended by R.A. 8179 which has increased
the maximum area of private land which the former natural-born
Filipino citizen may acquire to 5,000 square meters for urban land
and 3 hectares for rural land. Furthermore, such land may now be
used for business and for other purposes.
 Americans hold valid title to private lands as against private persons:
 The Supreme Court held that American citizens or American-owned and
controlled corporations cannot validly acquire private agricultural lands under
the Parity Amendment, since the exceptional rights granted to them under
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
the said Amendment refer only to agricultural, mineral and timber lands of
the public domain and natural resources, and conduct and operation of
public utilities [Republic v. Quasha].
 However, this ruling was effectively modified by Section 11, Art. XVII
[Transitory Provisions] of the 1973 Constitution, which reads: “Titles to
private lands acquired by such persons before such date (July 3, 1974) shall
be valid as against private persons only.”
 Thus, a previous owner may no longer recover the land from an American
buyer who succeeded in obtaining title over the land. Only the State has the
superior right to the land, through the institution of escheat proceedings [as a
consequence of the violation of the Constitution], or through an action for
reversion [as expressly authorized under the Public Land Act with respect to
lands which formerly formed part of the public domain].
REMEDIES TO RECOVER PRIVATE LANDS FROM DISQUALIFIED ALIENS
1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action for recovery filed by the former Filipino owner, the pari delicto
doctrine having been abandoned, unless the land is sold to an American
citizen prior to July 3, 1974 and the American citizen obtained title thereto.
 Action for reversion under the Public Land Act:
 The Director of Lands has the authority and the specific duty to conduct
investigations of alleged fraud in obtaining free patents and the
corresponding titles to alienable public lands, and, if facts disclosed in
the investigation warrant, to file the corresponding court action for
reversion of the land to the State.
 The action of the State for reversion to public domain of land
fraudulently granted to private individuals is imprescriptible. The State
may bring an action under Sec. 101 of Commonwealth Act No. 141 for
the reversion to the public domain of land which has been fraudulently
granted to private individuals. The indefeasibility of a title does not
attach to titles secured by fraud and misrepresentation [Baguio v.
Republic, G.R. No. 119682, January 21, 1999].
 It is the State, alone, which may institute reversion proceedings against
public lands allegedly acquired through fraud and misrepresentation
pursuant to Sec. 101 of the Public Land Act.
 The State can be put in estoppel by the mistakes or errors of its officials
or agents.
 Estoppel against the State is not favored; it may be invoked only in rare
and unusual circumstances as it would operate to the effective operation
of a policy adopted to protect the public. However, the State may not be
allowed to deal dishonorably or capriciously with its citizens.
 Estoppel: The prolonged inaction strongly militates against its cause,
tantamount to laches, which means the “failure or neglect, for an
unreasonable and unexplained length of time, to do that which by
exercising due diligence could or should have been done earlier”. It is
negligence or omission to assert a right within a reasonable time,
76
 POLITICAL LAW FINALS REVIEWER (2nd half)
warranting a presumption that the party entitled to assert it either
abandoned it or declined to assert it.
C. Preference for Filipino Labor, etc.
o The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt
measures that help make them competitive [Sec. 12, Art. XII].
D. Practice of Profession
o The practice of all professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law [Sec. 14, Art. XII].
o The power to regulate the exercise of a profession or pursuit of an
occupation cannot be exercised by the State or its agents in an
arbitrary, despotic or oppressive manner.
E. Cooperatives
o The Congress shall create an agency to promote the viability and
growth of cooperatives as instruments for social justice and
economic development [Sec. 15, Art. XII].
o Read Republic Act No. 6939 [An Act Creating the Cooperative
Development Authority].
o The Supreme Court said that, after ascertaining the clear legislative
intent of RA 6939, it now rules that the Cooperative Development
Authority (CDA) is devoid of any quasi-judicial authority to
adjudicate intra-cooperative disputes and, more particularly,
disputes related to the election of officers and directors of
cooperatives. It may, however, conduct hearings and inquiries in
the exercise of its administrative functions.
F. Monopolies
 Policy: The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair
competition shall be allowed [Sec. 19, Art. XII].
 A monopoly is “a privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right (or power) to
carry on a particular business or trade, manufacture a particular article,
or control the sale of a particular commodity”.
 The Constitution does not absolutely prohibit monopolies.
 Monopoly – a market controlled by one player; Oligopoly – dominated
by a handful of players.
 Public interest must be held over business interests.
G. Central Monetary Authority
 The Congress shall establish an independent central monetary
authority, the members of whose governing board must be natural-born
Filipino citizens, of known probity, integrity and patriotism, the majority
of whom shall come from the private sector, x x x The authority shall
provide policy direction in the areas of money, banking and credit. It
shall have supervision over the operations of banks and exercise such
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
regulatory powers as may be provided by law over the operations of
finance companies and other institutions performing similar functions, x
x x Until Congress otherwise provides, the Central Bank of the
Philippines, operating under existing laws, shall function as the central
monetary authority [Sec. 20, Art. XII].
 Read R.A. 7653.
 [Bank of Commerce vs. Planters Development Bank, 681 SCRA 52
(2012)]:
 Under the New Central Bank Act (R.A. No. 7653), the BSP is given
the responsibility of providing policy directions in the areas of
money, banking and credit; it is given, too, the primary objective of
maintaining price stability, conducive to a balanced and sustainable
growth of the economy, and of promoting and maintaining monetary
stability and convertibility of the peso.
 Open market operation is a monetary policy instrument that the
BSP employs, among others, to regulate the supply of money in the
economy to influence the timing, cost and availability of money and
credit, as well as other financial factors, for the purpose of
stabilizing the price level. What the law grants the BSP is a
continuing role to shape and carry out the country’s monetary policy
– not the authority to adjudicate competing claims of ownership
over the securities it has issued – since this authority would not fall
under the BSP’s purposes under its charter.
 Since 2002, the BSP has adopted inflation targeting as a framework
of monetary policy aimed at achieving the objective of price
stability. Inflation targeting is focused mainly on achieving a low and
stable inflation, supportive of the economy’s growth objective. This
approach entails the announcement of an explicit inflation target
that the BSP promises to achieve over a given time period.
[Bagong Kapisanan sa Punta Tenement vs. Dolot, 680 SCRA 164 (2012)]:
 Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud;
untrustworthiness; lack of integrity; lack of honesty, probity or integrity in
principle; lack of fairness and straightforwardness; disposition to defraud,
deceive or betray.
 As public servants and representatives of their respective barangays, it
behooves upon Dolot and Tañada to ensure that the main goals of the MOA,
which were to distribute water to the tenants and pay the tenement’s back
account with the MWSS, are faithfully followed. Even assuming that Inpart
was the one delegated to pay the barangays’ back account, the respondents
should have checked on the status of the payment. They failed to demand
accountability from Inpart to ensure that their payments were properly
documented and remitted to MWSS. Their inaction demonstrated a lack of
concern for the welfare of their constituents. Simply stated, they reneged on
their sworn duty to be true to their constituents.
 Furthermore, they tolerated the fact that no proper receipts were being
issued to the tenants for the proper recording of their payments. They even
refused to cooperate with the Commission of Audit when the latter asked
77
 POLITICAL LAW FINALS REVIEWER (2nd half)
them for documents regarding the patubig project. They misled the tenants
into believing that the water collections were being properly accounted for
and were being remitted to pay the tenement’s back account with MWSS.
 When an individual is found guilty of dishonesty, the corresponding penalty
is dismissal from employment or service. The underlying reason for this is
because when a public official or government employee is disciplined, the
object sought is not the punishment of such officer or employee but the
improvement of the public service and the preservation of the public’s faith
and confidence in the government.27A finding of dishonesty necessarily
carries with it the penalty of dismissal from the office he is holding or serving.
 No less than the Constitution sanctifies the principle of that public office is a
public trust, and enjoins all public officers and employees to serve with the
highest degree of responsibility, integrity, loyalty and efficiency. [Sec. 1, Art.
XI]
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
IX. EDUCATION, SCIENCE and TECHNOLOGY, ARTS, CULTURE and SPORTS
A. State Policy
The State shall give priority to education, science and technology, arts, culture and
sports to foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development [Sec. 17, Art. 2].
1. The State shall protect and promote the right of all citizens to
quality education at all level and shall take appropriate steps to
make such education accessible to all.
 Tablarin v. Gutierrez (154 SCRA 730)
The National Medical Admission Test (NMAT) does not violate the right of the citizens
to quality education at all levels; in fact, in ensures quality education for future
doctors, and protects public health by making sure of the competence of future
medical practitioners.
 Professional Regulation Commission v. de Guzman
(G.R. No. 144681)
Like all rights and freedoms guaranteed by the Charter, their exercise may be so
regulated pursuant to the police power of the State to safeguard health, morals,
peace, education, order, safety and general welfare of the people. Thus, persons who
desire to engage in the learned professions requiring scientific or technical knowledge
may be required to take an examination as a prerequisite to engaging in their chosen
careers
2. Constitutional mandate for the State to establish adequate and
relevant education, free public elementary and high school
education, scholarship grants and loan programs, out-of-school
study programs, and adult education.
3. The constitutional objectives of education: Inculcate patriotism
and nationalism, foster love 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
[Sec. 3(2), Art. 14].
4. Optional religious instruction: Option expressed in writing by
parent or guardian; public elementary and high schools; within
regular class hours; by instructors designated or approved by
religious authorities; without additional cost to the Government
[Sec. 3(3), Art. 14].
78
 POLITICAL LAW FINALS REVIEWER (2nd half)
5. Educational Institutions
 Ownership – Solely by Filipino citizens or corporations
60% Filipino owned, except those established by
religious groups or mission boards, but Congress may
increase required Filipino equity participation [Sec.
4(2), Art. 14].
 Control and administration – Vested in the citizens of
the Philippines.
 Alien schools – No educational institution shall be
established exclusively for aliens, and no group of
aliens shall comprise more than 1/3 of the enrolment
in any school, except schools for foreign diplomatic
personnel and their dependents, and for other foreign
temporary residents.
 Tax exemptions – All revenue and assets of non-
stock, non-profit educational institution – as well as all
grants, endowments, donations and contributions –
used actually, directly and exclusively for educational
purposes, shall be exempt from taxes and duties
[Sec. 4(3), Art. 14].
6. Highest budgetary priority to education: Merely directory
provisions; it does not follow that the hands of the Congress be
so hamstrung as to deprive it of the power to respond to the
imperative of national interest and the attainment of other state
policies and objectives.
B. Academic Freedom
Colleges, publicly- or privately-owned, if they offer collegiate courses, enjoy academic
freedom.
1. Two views
a. From the standpoint of the educational institution: The
freedom of the university to determine “who may teach,
what may be taught, how it shall be taught, and who may
be admitted to study.”
 Miriam College v. Court of Appeals (G.R. No.
127930)
If the school has the freedom to determine whom to admit, logic dictates that is also
has the right to determine whom to exclude or expel, as well as to impose lesser
sanctions such as suspension.
 Cudia v. Superintendent, Philippine Military
Academy (G.R. No. 211362)
The Philippine Military Academy enjoys academic freedom and has the power to
adopt and enforce such rules as it may deem expedient. The Court has always
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ
recognized the right of schools to impose disciplinary sanctions, which includes the
power to dismiss or expel students who violate reasonable school rules.
b. From the standpoint of the members of the academe: The
freedom of the teacher or research worker in higher
institutions of learning to investigate and discuss the
problems of his science and to express his conclusion,
whether through publication or in the instruction of
students, without interference from political or
ecclesiastical authority, or from the administrative officials
of the institution in which he is employed, unless his
methods are found by qualified bodes of his own
profession to be completely incompetent or contrary to
professional ethics.
2. Limitations
 The dominant police power of the State
 The social interests of the community
3. Cases
 Imbong v. Ochoa (G.R. No. 204819)
The exclusion of private educational institutions from the mandatory RH education
program is valid. There is no need to recognize the academic freedom of private
educational institutions, especially with respect to religious instruction, and to consider
their sensitivity towards the teaching of reproductive health education.
 Go v. Letran (G.R. No. 169391)
Due process in administrative proceedings involving students: (1) the students must
be informed in writing of the nature and cause of any accusation against them; (2)
they shall have the right to answer the charges against them, with the assistance of
counsel, if desired; (3) they shall be informed of the evidence against them; (4) they
shall have the right to adduce evidence in their own behalf; and (5) the evidence must
be duly considered by the investigating committee or official designated by the school
authorities to hear and decide the case.
C. Language
1. The national language of the Philippines is Filipino
2. For purposes of communication and instruction, the official
languages are Filipino and, until otherwise provided by law, English
3. The Constitution shall be promulgated in Filipino and English and
shall be translated into major regional languages, Arabic and
Spanish
4. Congress shall establish a national language commission
composed of representatives of various regions and disciplines
which shall undertake, coordinate, and promote researches for the
development, propagation, and preservation of Filipino and other
languages
79
 POLITICAL LAW FINALS REVIEWER (2nd half)

D. Science and Technology – Secs. 10-13, Art. 14 ii. The provision shall also apply to career officers whose
resignation tendered in line with the existing policy, had
E. Arts and Culture – Secs. 14-18, Art. 14 been accepted.

E. Sequestration
F. Sports – Sec. 19, Art. 14
1. Authority to issue sequestration or freeze orders relative to the
recovery of ill-gotten wealth shall remain operative for not more
X. TRANSITORY PROVISIONS than 18 months after the ratification of this Constitution. However,
Congress may extend such period.
A. Elections i. Sequestration or freeze orders shall be issued upon
showing of a prima facie case. The corresponding judicial
1. First election under this Constitution of members of Congress shall action shall be filed within 6 months from ratification of this
be held on the second Monday of May, 1987. First local elections Constitution, or, if issued after ratification, within 6 months
shall be held on a date to be determined by the President from such issue. The order is deemed automatically lifted
2. Synchronization of elections: The members of Congress and the if no judicial action or proceeding is commenced as
local officials first elected shall serve until noon of June 30, 1992. provided herein.
The six year term of the incumbent President and Vice President  Republic v. Sandiganbayan (240 SCRA 276)
elected in the February 7, 1986 elections is extended until noon of There is no particular description or specification of the kind of character of “judicial
June 30, 1992. action or proceeding”, much less an explicit requirement for the impleading of the
corporations sequestered or of the ostensible owners of the property suspected to be
B. Existing Laws and Treaties ill-gotten. The only qualifying requirement in the Constitution is that the action or
proceeding be filed “for” order of sequestration, freezing or provisional take-over.
1. All existing laws, decrees, executive orders, proclamations, letters
of instruction, and other executive issuances not inconsistent with 2. Sec. 5, E.O. 14, vests in the PCGG the power to grant immunity to
the Constitution shall remain operative until amended, repealed or witnesses, The Court has ruled that the scope of the immunity
revoked. offered by the PCGG may vary depending on the situation of the
witness and his relative importance to the prosecution of ill-gotten
C. Reserved Executive Powers wealth cases (Disini v. Sandiganbayan).

1. Until a law is passed, the President may fill by appointment from a

list of nominees by the respective sectors, the seats reserved for
sectoral representatives in par. (1), Sec. 5, Art. 6.
2. Until otherwise provided by Congress, the President may constitute
the Metropolitan Authority to be composed of the heads of all local
government units comprising the Metropolitan Manila Area.

D. Career Civil Service

1. Career civil service employees separated from service not for

cause but as a result of the reorganization, shall be entitled to
appropriate separation pay, and to retirement and other benefits
accruing to them under the laws of general application in force at
the time of their separation.
i. In lieu of separation pay, at the option of employees, they
may be considered for employment in the government, or
in any of its subdivision, etc.

ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 80