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SSC-R Bar Ops 2002 (MEMORY AID) 1

Political Law

MEMORY AID IN POLITICAL LAW

CONSTITUTIONAL AND POLITICAL LAW

Parts of the 1987 ConstitutionPreambleNational Territory (I)Declaration of Principles and State Policies (II)Bill of Rights (III)Citizenship (IV)Suffrage (V)Legislative Department (VI)Executive Department (VII)Judicial Department (VIII)Constitutional Commissions (IX)

Civil Service CommissionCommission on ElectionsCommission of Audit

Local Government (X)Autonomous Regions

Accountability of Public Officers (XI)National Economy and Patrimony (XII)Social Justice and Human Rights (XIII)

LaborAgrarian and Natural Resources ReformUrban Land Reform and HousingHealth

WomenRoles and Rights of Peoples OrganizationsHuman Rights

Education, Science and Technology, Arts, Culture and Sports (XIV)The Family (XV)General Provisions (XVI)Amendments or Revisions (XVII)Transitory Provisions (XVIII)

Effectivity of the 1987 Constitution: Feb. 2, 1987 (De Leon v. Esguerra, 153 SCRA602)

It is the date of ratification and not the date of proclamation because the

intent of the framers of the 1987 Constitution was that it shall take effectimmediately upon its ratificationXXX (Sec. 27, Art. XVIII 1987Constitution)

However, the dissenting opinion pointed out that there were similarprovisions in the previous 1973 Constitution and its subsequentamendments and that effectivity should have been the date ofproclamation as was the practice. (see Political Law Review Notes basedon the Outline of Justice Mendoza, U.P.)

Essential Parts of a Good Written Constitution:(1) constitution of Liberty civil and political rights; limitations on government

(Art.3)


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(2) constitution of Government organization of government; electorate (Arts.6-9)

(3) constitution of Sovereignty mode or procedure of amending the constitution

(Art.17)

Qualities of a Good Written Constitution:Brief in form, broad in scope and definite in its expression(s)

Steps in the Amendatory Process(1) Proposal (Secs. 1-3, Art XVII)(2) Ratification (Sec. 4, Art. XVII)

Effects of Declaration of Unconstitutionality(1) Orthodox view- unconstitutional act confers no rights, duties nor office

(2) Modern view- certain effects prior to declaration of unconstitutionalityrecognized

Partial Unconstitutionality, Requisites:(1) Legislature willing to retain valid portion through separability clause(2) The valid portion can stand independently as law

Elements of StatePeople, territory, government, sovereignty

SOVEREIGNTY- the supreme and uncontrollable power inherent in a

State by which that State is governed

AUTO-LIMITATION:It is to be admitted that any state may, by its consent,

express or implied, submit to a restriction of its sovereign rights.There may thus be a curtailment of what otherwise is a power plenaryin character. That is the concept of sovereignty as auto-limitation,which, in the succinct language of Jellinek, is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. (Reagan v. CIR, 30 SCRA 973quoted in Nolledo, p. 46)

Effect of Change in Sovereignty:Political laws are abrogated; municipal laws remain in force

Effect of Belligerent Occupation:No change in sovereignty; political laws, except the law on treason aresuspended; municipal laws remain in force unless repealed by thebelligerent occupant.

State Immunity(Sec. 3, Art. XVIConstitution)RULES:

(1) Suit Against Government Agency


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Political Law(a) Incorporated - can be sued if charter provides so including torts

* Municipal corporations are agencies of the state but they aresubject to suit even in the performance of their functions because their

respective charters provide that they can sue and be sued.

* In PNR v. IAC (217 SCRA 401), however, even if the charterof PNR was silent on whether it may sue or be sued, it was ruled that PNRwas not performing any governmental function and may therefore be sued.

(b) Unincorporated - (inquire into principal functions)

(i) If governmental: no suit without consent(ii) If proprietary: suit will lie

(2) Suit Against Public Officers

(a) Public officer in discharge of duties within the scope of his authority- NO SUIT- considered a suit against the state (state immunity

applies)

(b) Unauthorized acts of the officer- he may be sued and heldpersonally liable

CONSENT TO BE SUED:(1) Express : by law, general or special

(2) Implied:(a) When the state commences litigation it becomes

vulnerable to a counter-claim(b) When the state enters into a business contract

If jure imperii (sovereign acts) - no suitIf jure gestionis (commercial acts) suit will lie

Functions of Government (According to Justice Malcolm)

(1) CONSTITUENT- refer to the rules affecting order and protection ofpersons and property, family relations, property relations, contractual

rights, crimes, civil cases, political relations and international relations

(2) MINISTRANT- which concern rules relating to public works, publiceducation, public charity, health and safety regulations as well as thoserules governing trade and industry (Nolledo, p.44)

The constituent-ministrant dichotomy in government functions haslong been repudiated. The government whether carrying out itssovereign attributes or running some business, discharges the samefunction of service to the people. (Valmonte v. De Villa, GR No.74930, Feb. 13, 1989)

Inherent Powers of the StatePolice, eminent domain & taxation powers


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Tests for Valid Exercise of Police Power (Limitations)(1) Lawful Subject- the interests of the public as distinguished from those of a

particular class(2) Lawful Means- means employed necessary for the accomplishment of the

purpose and not unduly oppressive on individualsWhen exercised by the delegate:(3) Express grant by law(4) Within territorial limits(5) Must not be contrary to law (an activity prohibited by law cannot, in the guise

of regulation, be allowed; an activity allowed by law may be regulated but notprohibited)

Basis of Police Power(1) Salus populi est suprema lex(2) Sic utero tuo ut alienum non laedas

Who may exercise police power(1) Legislature(2) President, in times of national emergency(3) Delegation to local governments

Tests of a Valid OrdinanceIn order to be valid, it:(1) must not contravene the Constitution(2) must not be unfair or oppressive(3) must not be partial or discriminatory(4) must not prohibit but may regulate trade(5) must be general and consistent with public policy(6) must not be unreasonable (Tano v. Socrates, 278 SCRA 154)

Requisites for Exercise of Eminent Domain: (Sec.9, Art.III)(1) necessity-

[If legislature (political question); if by delegate (determination is justiciable)](2) private property (except money and choses in action)(3) taking in the constitutional sense(4) public use(5) just compensation determined as of the date of the filing of the complaint for

eminent domain, but where the filing of the complaint occurs after the actualtaking of the property and the owner would be given undue incrementaladvantage arising from the use to which the government devotes the property

expropriated, just compensation is to be determined as of the date of thetaking(6) due process- defendant given opportunity to be heard

Who may exercise the Power of Eminent Domain(1) Congress by law(2) President(3) Local legislative bodies(4) Public corporations(5) Quasi-public corporations (those serving essential public needs or operating

public utilities)

How is eminent domain initiated?(1) By legislation


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Political Law(2) Through the courts

Requisites for valid TAKING:(1) expropriator must enter a private property;

(2) entry must be for more than a momentary period;(3) entry must be under warrant or color of authority;(4) property must be devoted to public use or otherwise informally appropriated

or injuriously affected;(5) utilization of the property must be in such a way as to oust the owner and

deprive him of beneficial enjoyment of the property

What constitutes Taking(1) physical dispossession of property(2) trespass without actual eviction(3) material impairment of property

(4) prevention of ordinary uses for which the property was intended

Taxation; Limitations1. Due process 1. Inherent2. Equal protection 2. Constitutional3. Public purpose

Tests for Valid Delegation of Legislative Power:(1) Completeness Test- the law must be complete in all its essential terms and

conditions when it leaves the legislature so that there will be nothing left forthe delegate to do when it reaches him except to enforce it

(2) Sufficient Standard Test- intended to map out the boundaries of thedelegates authority by defining the legislative policy and indicating thecircumstances under which it is to be pursued and effected

- - BILL OF RIGHTS - -

Aspects of Due Process(1) Substantive Due Process; Requisites-

a. Lawful subjectb

b. Lawful methodcd (2) Procedural Due Process; Requisites-

a. Impartial courtb. Jurisdiction over the person of the defendant and the property in litigationc. Defendant given opportunity to be heardd. Judgment rendered upon lawful hearing

Administrative Due Process; Requisites:(1) right to a hearing(2) tribunal must consider the evidence presented(3) decision must have something to support itself

(4) evidence must be substantial


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Political Law(5) decision must be rendered based on the evidence presented in the hearing or

at least contained in the record and disclosed to the parties(6) tribunal or judge must act on its or his own independent judgment(7) the board or body must render its decision in such a manner that the parties

to the proceeding can know of the various issues involved, and the reasons

for the decision (Ang Tibay v. CIR, 69 Phil. 635)

Criminal Due Process(1) accused has been heard in a court of competent jurisdiction(2) accused is proceeded against under the orderly processes of law(3) accused has been given notice and the opportunity to be heard(4) judgment rendered was within the authority of a constitutional law

(Mejia v. Pamaran, 160 SCRA 457)

Equal Protection; Valid Classification (Requisites):

(1) Substantial distinctions(2) Germane to the purpose of the law(3) Not limited to existing conditions only(4) Must apply equally to all members of the same class

Equal Protection does not forbid all legal classifications.What it proscribes is a classification, which is arbitrary andunreasonable. That constitutional guarantee is not violated by areasonable classification based on substantial distinctions, where theclassification is germane to the purpose of the law and applies to allthose belonging to the same class. (Cruz, p. 128 citing Peralta v.Comelec, 82 SCRA 30)

Requisites of a Valid Warrant(1) Probable cause(2) Determination of probable cause personally by the judge(3) After examination, under oath or affirmation, of the complainant and the

witnesses he may produce(4) Particularity of description (Sec.2, Art. III)

(5) Must be in connection with a specific offense (Stonehill v. Diokno)(Note: why? To prevent a fishing expedition by the persons executing the warrant)

Thus, general warrants are void

Valid Warrantless ARRESTS(1) When the person to be arrested has committed, is actually committing, or isattempting to commit an offense in his presence (IN FLAGRANTE DELICTOARREST)

(2) When an offense had just been committed and he has probable cause tobelieve based on personal knowledge of facts indicating that the person to bearrested has committed it. (ARREST IN HOT PURSUIT)

(3) When the person to be arrested is a prisoner who has escaped from a penalestablishment, or place where he is serving final judgment or temporarilyconfined while his case is pending, or has escaped while being transferredfrom one confinement to another. (sec. 5, Rule 113, ROC)

(4) When the right is voluntarily waived, then the illegality of the arrest may no

longer be invoked


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Political LawValid Warrantless SEARCHES and SEIZURES

(1) When the right is voluntarily waived (consented search)Note:It must be given by the person whose right is violated; a personal right

(2) When there is valid reason to stop-and-frisk (also called investigative

detention or investigative stop)(3) Where the search (and seizure) is an incident to a lawful arrest

Note:Apprehending officer must be spurred by probable cause in effecting the

arrest(4) Search of vessels and aircraft(5) Search of moving vehicles(6) Inspection of buildings and other premises for the enforcement of fire,

sanitary and building regulations(7) Where prohibited articles are in plain view(8) Search and seizure under exigent and emergency circumstances(9) Searches at checkpoints (limited to visual search, not intrusive search)

Properties subject to seizure(1) Property subject of the offense(2) Property stolen or embezzled and other proceeds or fruits of the offense(3) Property used or intended to be used as the means of committing an offense

Privacy of Communication and Correspondence [Sec. 3 (1), Art.III]Gen. Rule: InviolableExceptions: (a) Lawful order of the court

(b) When public safety or order requires, as may be provided by law

NOTE:RA 4200or the Anti- Wiretapping Law

Freedom of Expression; Aspects(1) Freedom from censorship or prior restraint(2) Freedom from subsequent punishment

Defenses for Libel or Slander:(1) A private communication made by any person to another in the performance

of any legal, moral or social duty; and(2) 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 saidproceedings, or of any other act performed by public officers in the exercise oftheir functions (Art. 354, RPC)

(3) Doctrine of Fair Comment Fair commentaries on matters of public interestare privileged and constitute a valid defense in an action for libel or slander.(Borjal v. CA 501 SCRA 1)

Tests of Obscenity(1) Whether the average person, applying contemporary community standards,

would find that the work, taken as a whole, appeals to the prurient interest

(2) Whether the work depicts or describes in a patently offensive way, sexualconduct specifically defined by applicable law


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Political Law(3) Whether the work taken as a whole, lacks serious literary, artistic, political or

scientific value (Miller v. California)

I do not think we, the judges, were ever given the

constitutional power to make definitions of obscenity. (JusticeDouglas)

Note:The determination of obscenity must be done on a case-to-case basis(Pita v. CA, 178 SCRA 362)

Tests of valid governmental interference(1) Clear and present danger rule whether the words are used in such

circumstances and of such nature as to create a clear and present dangerthat they will bring about the substantive evils that the State has the right to

prevent.(2) Dangerous tendency rule If the words uttered create a dangerous tendency

of an evil which the state has the right to prevent, then such words arepunishable.

(3) Balancing of interests test When particular conduct is regulated in theinterest of public order, and the regulation results in an indirect, conditional,partial abridgment of speech, the duty of the courts is to determine which ofthe two conflicting interests demand the greater protection under theparticular circumstances presented.

Freedom of expression is not immune to regulation by the Statein the exercise of its police power. The validity of the abridgment isgauged by the extent of its inroad into the domain of the liberty of speechand of the press, when subjected to the applicable clear and presentdanger rule or the balancing-of-interests test. If the restriction on theinvaded freedom is so narrow that the basic liberty remains, then thelimitation is constitutional. (Badoy Jr. v. Comelec, L-33546, Oct. 1, 1970)

Freedom of ReligionGuarantees in Sec. 5, Art.III:(1) Non-establishment clause(2) Free Exercise of religious profession and worship clause

(3) No religious test clause

The constitutional provision on religious freedom terminateddisabilities, it did not create new privileges. It gave religious liberty, notcivil immunity. Its essence is freedom from conformity to religious dogma,not freedom from conformity to law because of religious dogma. (JusticeFrankfurter)

Aspects of the Free Exercise Clause(1) Right to believe (absolute)(2) Right to act according to ones belief (subject to regulation)

Liberty of Abode and of Travel (Sec.6, Art III)


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Political Law

Limitation on liberty of abode: Lawful order of the court

Limitations on right to travel: Interest of national security, public safety or

public health, as may be provided by law

Checkpoints:Requisites for a valid checkpoint:(1) The checkpoint must be pre-announced(2) It must be stationary (roving checkpoints not allowed)(3) The search must be limited to a visual search

(Valmonte v. De Villa, 178 SCRA 211)

Right to Information (Sec.7, Art.III)

Scope: Matters of public concern and transactions involving publicinterest

Gen. Rule: The right of the people to information on matters of publicconcern shall be recognized. Access to official records, and todocuments, and papers pertaining to official acts, transactions,or decisions, as well as to government research data used asbasis for policy development, shall be afforded the citizenXXX.

Exception: subject to such limitations as may be provided by law.(Sec. 7, Art. III)

Right to Form Associations(Sec.8, Art.III)

Right of government employees does not include the right to strike(SSS Employees v. CA, 175 SCRA 686)

Right to associate includes right not to associate

Non-Impairment Clause (Sec.10, Art. III)Limitations: police power, taxation and eminent domain

Miranda DoctrineRIGHTS AVAILABLE under the MIRANDA DOCTRINE:

(1) The right to remain silent(2) The right to a competent and independent counsel preferably of his own

choice at all stages of the investigation.(3) The right to be informed of such rights. These rights cannot be waived

except in writing and signed by the person in the presence of his counsel.(4) No torture, force, violence, threat, intimidation, or any other means that

vitiates the free will shall be used against him.(5) Secret detention places, solitary, incommunicado, or other similar forms of

detention are prohibited.(6) Any confession or admission obtained in violation of this or section 17

hereof shall be inadmissible in evidence against him.(7) The law shall provide for penal and civil sanctions for violations of this

section, as well as compensation to and rehabilitation of victims of torture


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Political Lawor similar practices, as well as their families. (Sec. 12, Art. III, 1987Constitution)

Right to Bail (Sec.13, Art. III)

BAIL AS A MATTER OF RIGHT:(1) Before or after conviction by the MTC; and(2) Before conviction by the RTC of an offense not punishable by death,

reclusion perpetua or life imprisonment.

BAIL AS A MATTER OF DISCRETION:(1) After conviction by the RTC of an offense not punishable by death,

reclusion perpetua, or life imprisonment

(2) Before conviction by the RTC of an offense punishable by death,reclusion perpetua or life imprisonment when evidence of guilt is notstrong.

(3) After conviction by the RTC wherein a penalty of imprisonment exceeding6 years but not more than 20 years, and not one of the circumstancesstated in Sec. 5 of Rule 114 of the Rules of Court is present and proved.

Note: Circumstances mentioned in SEC. 5, RULE 114 (ROC):(1) that he is a rescidivist, quasi-rescidivist, or habitual delinquent, or

has committed the crime aggravated by the circumstance ofreiteracion;

(2) that he has previously escaped from legal confinement, evaded

sentence, or has violated the conditions of his bail without validjustification;(3) That he committed the offense while under probation, parole or

conditional pardon;(4) That the circumstances of his case indicate the probability of

flight if released on bail; or(5) That there is undue risk that he may commit another crime during

the pendency of the appeal

BAIL NOT A MATTER OF RIGHT:(1) When charged with an offense punishable by reclusion perpetua (or

higher) and evidence of guilt is strong(2) After conviction by the RTC imposing a penalty of imprisonment

exceeding 6 years but not more than 20 years, and any of thecircumstances stated in Sec. 5, Rule 114 is present and proved, no bailshall be granted by the said court. (Regalado, Remedial LawCompendium, p. 361)

Note:Suspension of privilege of writ of habeas corpus does not suspend right to

bail(Sec. 13, Art. III)

Rights of the Accused (Sec.14, Art. III)(1) Due process(2) Presumption of innocence


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Political Law(3) Right to be heard by himself and counsel(4) Right to be informed of the nature and cause of the accusation against him(5) Right to speedy, impartial and public trial(6) Right to meet witnesses face to face(7) Right to compulsory process to secure the attendance of witnesses and the

production of evidence (SUBPOENA AD TESTIFICANDUM & SUBPOENADUCES TECUM)

(8) Trial in absentia

Requisites of Trial-in-Absentia(1) The accused has already been arraigned(2) He has been duly notified of the trial(3) His failure to appear is unjustified

Requisites in order that circumstantial evidence may warrant conviction(1) There is more than one circumstance(2) The facts from which the inferences are derived are proven

(3) The combination of all the circumstances is such as to produce a convictionbeyond reasonable doubt [People v. Bato, GR No.113804, (1998)]

When presence of the accused MANDATORY in court:(1) during arraignment and plea(2) during trial, for identification(3) during promulgation of sentence, unless for a light offense wherein the

accused may appear by counsel or a representative

Grounds for Suspension of Writ of Habeas Corpus (Sec.15, Art.III)Sec.18, Art VII In case of invasion or rebellion, when the public safety requires itXXX

Note:Suspension of privilege of writ of habeas corpus does not suspend right to

bail(Sec. 13, Art. III)

Speedy Disposition of Cases:

All persons have the right to a speedy disposition of theircases before all judicial, quasi-judicial, or administrative bodies. (Sec.

16, Art.III)

Right against self-incrimination (Sec. 17, Art.III)

KINDS OF IMMUNITY STATUTES:

TRANSACTIONAL IMMUNITY- it makes the witness immune fromcriminal prosecution for an offense to which his compelled testimony relates[Sec. 18 (8), Art. XIII)

USE AND FRUIT IMMUNITY- prohibits the use of witness compelled

testimony and its fruits in any manner in connection with the criminalprosecution of the witness. (Galman v. Pamaran, 138 SCRA 274)


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Political Law

Example of immunity statute: Witness Protection Program

Non-Detention by Reason of Political Beliefs and Aspirations [Sec. 18(1), Art. III]

No person shall be detained solely by reason of his politicalbeliefs and aspirations.

Included in the Freedom of Expression Clause (Sec. 4, Art.III)

Involuntary Servitude (Sec.18, Art.III)

Gen. Rule: No involuntary servitude in any form shall existXXXExceptions:

(1) Punishment for a crime whereof one has been duly convicted.[Sec.18 (2), Art. III]

(2) Service in defense of the state (Sec.4, Art.II)(3) Naval enlistment(4) Posse comitatus: A law requiring able-bodied men to assist in the

apprehension of violators of the law (US v. Pompeya, 31 Phil 245)(5) Return to work order in industries affected with public interest(6) Patria potestas

Prohibited Punishments

(1) Excessive fines shall not be imposed, nor cruel, degrading,or inhuman punishment inflicted. Neither shall the death penalty beimposed, UNLESS for compelling reasons involving heinous crimes,

the Congress hereafter provides for it. Any death penalty alreadyimposed shall be imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degradingpunishment against any prisoner or detainee, or the use of substandard or inadequate penal facilities under subhuman conditionsshall be dealt with by law. (Sec. 19, Art.III)

Non- Imprisonment for Debt (Sec. 20, Art.III)

No person shall be imprisoned for debt or non-payment of a poll tax.

POLL TAX (sedula / Community Tax Certificate) a specified fixed sumlevied upon every person belonging to a certain class without regard to hisproperty or occupation.

Double Jeopardy (Sec. 21, Art.III)

No person shall be twice put in jeopardy of punishment for thesame offense. If an act is punished by a law and an ordinance, convictionor acquittal under either shall constitute a bar to another prosecution forthe same act. (Sec. 21, Art. III)

KINDS:(1) Prohibits double jeopardy of punishment for the same offense (1st

sentence)


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Political Law(2) Prohibits double jeopardy of punishment for the same act (2nd sentence)

If the two (2) charges are based on one and the same act, conviction or

acquittal under either law or the ordinance shall bar a prosecution underthe other.

Requisites:(1) Valid complaint or information(2) Filed before a competent court(3) To which the defendant had pleaded(4) Defendant was previously acquitted or convicted, or the case dismissed

or otherwise terminated without his express consent.

CRIMES COVERED BY THE DEFENSE OF DOUBLE JEOPARDY:(1) Original offense charged; or(2) For any attempt to commit the same or frustration thereof; or(3) For any offense which necessarily includes or is necessarily included in

the offense charged in the original complaint or informationEXCEPTION:

Doctrine of Supervening EventThe accused may be prosecuted for another offense if a

subsequent development changes the character of the firstindictment under which he may already have been charged orconvicted.

See Sec. 7, Rule 117 (ROC)

Ex Post Facto Law and Bill of Attainder

EX POST FACTO LAW; KINDS:(1) Every law that makes criminal an act done before the passage of the law

and which was innocent when done, and punishes such an act;(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 ofthe 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 deprivation of a right for something whichwhen done was lawful;

(6) Every law which deprives persons accused of a crime of some lawfulprotection to which they have become entitled, such as the protection of aformer conviction or acquittal or of a proclamation of amnesty.

Characteristics of EX POST FACTO LAW:(1) It refers to criminal matters ;(2) It is retroactive in application;(3) It works to the prejudice of the accused.

BILL OF ATTAINDER:

A legislative fiat that inflicts punishment without judicial trial


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Political Law

- - CITIZENSHIP - -

Article IIIThe following are citizens of the Philippines:(1) Those who are citizens of the Philippines at the time of the adoption of the

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; and(4) Those who are naturalized in accordance with law. (Sec. 1)

Natural-born citizens- are those who are citizens of the Philippines from

birth without having to perform any act to acquire or perfect their Philippinecitizenship. Those who elect Philippine citizenship in accordance withparagraph 3, section 1 hereof shall be deemed natural-born citizens. (Sec.2)

Philippine citizenship may be lost or reacquired in the manner provided bylaw. (Sec. 3)

Citizens of the Philippines who marry aliens shall retain their citizenship,UNLESS by their act or omission they are deemed, under the law, to haverenounced it. (Sec.4)

Dual allegiance of citizens is inimical to the national interest and shall be dealtwith by law. (Sec.5)

Modes of Naturalization:(1) Direct

(a) individually, usually through judicial proceedings(b) special act of the legislature(c) collective change of nationality, as a result of cession or

subjugation(d) in some cases, by adoption of orphan minors as nationals of the

state where they are born

(2) Derivative: Citizenship conferred on:(a) Wife of naturalized husband(b) Minor children of naturalized person, or on the(c) Alien woman upon marriage to a national

Effects of Naturalization:(1) Vests citizenship on wife if she herself may be lawfully naturalized (Moy Ya

Lim Yao v. Commissioner of Immigration, 41 SCRA 292)(2) Minor children born in the Philippines before the naturalization shall be

considered citizens of the Philippines(3) Minor child born outside the Philippines who was residing in the Philippines at

the time of the naturalization shall be considered a Filipino citizen


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Political Law(4) Minor children born outside the Philippines before the parents naturalization

shall be considered Filipino citizens only during minority, unless he begins toreside permanently in the Philippines.

(5) Child born outside the Philippines after the parents naturalization shall beconsidered a Filipino, provided that he registers as such before any

Philippine consulate within one year after attaining majority age, and takes hisoath of allegiance.

Grounds for Denaturalization:(1) Naturalization certificate is obtained fraudulently or illegally(2) If, within 5 years, he returns to his native country or to some foreign country

and establishes residence there(3) Petition was made on an invalid declaration of intention(4) Minor children failed to graduate through the fault of the parents either by

neglecting to support them or by transferring to another school(5) If he allowed himself to be used as a dummy

Effects of Denaturalization:

(1) If the ground is intrinsic validity of the proceedings:Effect: it shall divest the wife and the children of their derivative

citizenship(2) If the ground is personal to the denaturalized Filipino:

Effect: the wife and children shall retain their Philippine citizenship

Loss of Citizenship (C.A.63)(1) By naturalization in a foreign country(2) By express renunciation of citizenship(3) By subscribing to an oath of allegiance to support the Constitution or laws of a

foreign country upon attaining the age of 21; Provided, however, that aFilipino may not divest himself of Philippine citizenship in any manner whilethe Republic of the Philippines is at war with any country

(4) By rendering service to or accepting commission in the armed forces of aforeign country; provided, that the rendering of service to, or acceptance ofsuch commission in the armed forces of a foreign country and the taking of anoath of allegiance incident thereto, with consent of the Republic of thePhilippines, shall not divest the a Filipino of his Philippine citizenship if eitherof the following circumstances is present: (1) the Republic of the Philippineshas a defensive and/or offensive pact of alliance with the said foreign country;

or (2) the said foreign country maintains armed forces in Philippine territorywith the consent of the Republic of the Philippines.(5) By the cancellation of the certificate of naturalization(6) By having been declared by competent authority a deserter of the AFP in time

of war, unless subsequently, a plenary pardon or amnesty has been granted.

Reacquisition of Citizenship:(1) By naturalization, p rovided that the applicant possesses no disqualification

prescribed for naturalization(2) By repatriation of deserters of the Army, Navy or Air Corps, provided that a

woman who has lost her citizenship by reason of her marriage to an alienmay be repatriated in accordance with the provisions of this Act after the

termination of the marital status(3) By direct act of Congress


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Political Law

- - LEGISLATIVE DEPARTMENT- -

Where vested:Congress, except to the extent reserved to the people by the provision on

initiative and referendum (Sec 32, Art. VI Constitution and RA 6735, An ActProviding for a System of Initiative and Referendum)

Three Systems of Initiative:(1) Initiative on the Constitution- a petition proposing amendments to the

Constitution.

(2) Initiative on statutes- a petition proposing to enact a national legislation.(3) Initiative on local legislation- proposal to enact a regional, provincial, city,

municipal, or barangay law or resolution or ordinance.

Classes of Referendum:(1) Referendum on statutes approve or reject an act or law of Congress(2) Referendum on local laws- approve or reject a law, resolution or ordinance

enacted by the regional assemblies and local legislative bodies.

Party- List System (RA 7941): The party-list system is a mechanism of proportionalrepresentation in the election of representatives to the HOUSE ofRepresentatives from national, regional and sectoral parties or organizations orcoalitions thereof registered with the COMELEC.

Privileges of Members of Congress: (Sec.11, Art.VI)(1) Freedom from arrest- while Congress is in session, for offenses punishable

by not more than six years imprisonment(2) Privilege of speech and debate- shall not be questioned nor held liable in any

other place for any speech or debate in Congress or in any committeethereof.

Disqualifications: (Sec. 13, Art. VI)(1) Incompatible office- may not hold any other office or employment in

Government during his term without forfeiting his seat(2) Forbidden office- shall not be appointed to any office which may have beencreated or the emoluments thereof increased during the term for which hewas elected; but the ban against appointment to the office shall last only forthe duration of the term for which the member of Congress was elected.

Other inhibitions: (Sec. 14, Art. VI)(1) Shall not appear personally as counsel before any court of justice or before

the Electoral Tribunals, or quasi-judicial or other administrative bodies;(2) Shall not, directly or indirectly, be financially interested in any contract with,

franchise or special privilege granted by the government;(3) Shall not intervene in any matter before any office in the government for his

pecuniary benefit or where he may be called upon to act on account of hisoffice;


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Political Law(4) Shall make a full disclosure of financial and business interests upon

assumption to office(5) Shall notify House concerned of a potential conflict of interest that may arise

from the filing of a proposed legislation of which they are authors. (Sec. 12,Art. VI)

Joint sessions:(A) Voting separately:

1. Choosing the President (Sec.4, Art.VII)2. Determining the Presidents inability (Sec.4, Art.VII)3. Confirming the nomination of the Vice-President (Sec.9, Art. VI)4. Declaring the existence of a state of war (Sec.23, Art. VI)5. Proposing Constitutional Amendments (Sec.1, Art XVII)

(B) Voting Jointly

Revoke or extend the proclamation suspending the privilege ofthe writ of habeas corpus or placing the Philippines under martial law(Sec. 18, Art. VII)

Discipline of MembersThe House may punish its members for disorderly behavior, and with the

concurrence of 2/3 of all its members, suspend (for not more than 60 days) orexpel a member. [Sec. 16 (3), Art. VI]

Determination of acts, which constitute disorderly behavior, is within the

full discretionary authority of the House concerned and the Court will notreview such determination, the same being a political question. (Osmenav. Pendatun, 109 Phil 863)

Powers of Congress:(1) General (plenary) legislative power- propose, enact, amend and repeal laws

(Sec. 1, Art. VI)(2) Power of Appropriation-power of the purse (Sec. 25, Art. VI)(3) Power of Taxation [Sec. 28 (1), Art. VI](4) Power of Legislative Investigation (Sec. 21, Art. VI)(5) War powers [Sec. 23 (1), Art VI](6) Power to act as Board of Canvassers in election of President (Sec. 4, Art. VII)(7) Power to call a special election for President and Vice- President (Sec. 10,

Art. VII)(8) Power to judge Presidents physical fitness to discharge the functions of thePresidency (Sec. 11, Art. VII)

(9) Power to revoke or extend suspension of the privilege of the writ of habeascorpus or declaration of martial law (Sec. 18, Art. VII)

(10) Power to concur in Presidential amnesties (Sec. 19, Art. VII)(11) Power to concur in treaties or international agreements (Sec. 21, Art.

VII)(12) Power to confirm certain appointments/nominations made by the President

(Sec. 9 and Sec. 16, Art. VII)(13) Power of impeachment (Sec. 2, Art. XI)(14) Powers relative to natural resources (Sec. 2, Art. XII)

(15) Power to propose amendments to the Constitution (Secs. 1 & 2, Art. XVII)


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Political Law

Requirements as to Bills:(1) Only one subject to be expressed in the title thereof(2) Appropriation, revenue or tariff bills, bills authorizing increase of the public

debt, bills of local application, and private bills shall originate exclusively in

the House of Representatives (Sec. 24, Art. VI)(3) No bill passed by either House shall become a law unless it has passed three

readings on separate days, and printed copies thereof in its final form havebeen distributed to its Members three days before its passage, except whenthe President certifies to the necessity of its immediate enactment to meet apublic calamity or emergency

Classifications of Appropriations Law:(1) General appropriations law- passed annually(2) Special appropriations law- specific purpose

Constitutional Limitations on Special Appropriation Measures:

(1) It must specify the public purpose for which the sum is intended;(2) It must be supported by funds actually available as certified to by the National

Treasurer, or to be raised by a corresponding revenue proposal includedtherein. [Sec. 25 (4), Art. VI]

Constitutional Rules on General Appropriations Law(1) Congress may not increase the appropriations recommended by the

President for the operation of the government as specified in the budget(2) The form, content, and manner of preparation of the budget shall be

prescribed by law(3) No provision or enactment shall be embraced unless it relates specifically to

some particular appropriation therein(4) The procedure for approving appropriations for Congress shall be the same

as that for other departments(5) Prohibition of transfer of appropriations but the President; Senate President;

Speaker of the House; Chief Justice; and Heads of ConstitutionalCommissions may, by law, be authorized to augment any item in the generalappropriations law for their respective offices from savings in other items oftheir respective appropriations.

(6) Prohibition against appropriation for sectarian benefit(7) Automatic re-appropriation - if Congress fails to enact a general appropriations

law for a current fiscal year, the GAA of the preceding year will be

implemented, until Congress passes the GAA for the current fiscal year

Limitations on the Power of Investigation(1) It must be in aid of legislation(2) In accordance with the duly established rules of procedure; and(3) The rights of persons appearing in, or affected by such inquiry shall be

respected


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Political Law

- - EXECUTIVE DEPARTMENT - -

Powers of the President(1) Executive power the power to enforce and administer laws (Sec. 1 & 17, Art.

VII)

(2) Power of appointment (Sec. 16, Art. VII)(3) Power of control (Sec. 17, Art. VII)(4) Military powers (Sec. 18, Art. VII)

a. Commander-in-Chief Clauseb. Suspension of the writ of habeas corpusc. Martial law

(5) Pardoning power

(6) Borrowing power(Sec. 20, Art. VII)- foreign loans(7) Diplomatic power(Sec. 21, Art. VII)- Treaty-Clause(8) Budgetary power(Sec. 22, Art. VII)- expenditures and sources of financing;

revenue measures(9) Informing power(Sec. 23, Art. VII)- address Congress at the opening of its

regular session(10) Other powers:

a) Call Congress to a special session (Sec. 15, Art. VI)b) Power to approve or veto bills (Sec. 27, Art. VI)c) To consent to deputation of government personnel by the

COMELEC [Sec. 2 (4), Art. IX-C]d) To discipline such deputies [Sec. 2 (8), Art. IX-C]

e) By delegation from Congress, emergency powers [Sec. 23 (2), Art.VI]and tariff powers [Sec. 28 (2), Art. VI]

f) General supervision over local governments and autonomousregional governments (Art. X)

g) RESIDUAL POWERh) Power of removal- implied from the power to appoint

Kinds of Appointments:(1) Permanent- extended to persons with the required eligibility; they are

protected by the constitutional guarantee of security of tenure(2) Temporary- given to persons without the required eligibility and are thus

revocable at will and without necessity of a just cause or hearing(3) Regular- one made while the Congress is in session, takes effect only after

confirmation by the Commission on Appointments(4) Ad interim- one made by the President while the Congress is not in session,

takes effect immediately, but ceases to be valid if disapproved bythe Commission on Appointments or if not confirmed upon thenext adjournment of Congress (deemed by-passed throughinaction)*An ad interim appointment is a permanent appointment.

Officials who are to be appointed by the President:

(1) *Heads of executive departments;(2) *Ambassadors, other public ministers and consuls;


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Political Law(3) *Officers of the armed forces from the rank of colonel or naval captain;(4) *Those other officers whose appointments are vested in him in the

Constitution(5) All other officers of the government whose appointments are not provided for

by law;

(6) Those whom he may be authorized by law to appoint

1-4 requires confirmation by the Com. On Appointments

Note: The Vice-President may be appointed as a Member of the Cabinet.Such appointment requires no confirmation [Sec. 3, par. 2, Art. VII)

Steps in the Appointing Process:(1) Nomination by the President(2) Confirmation by the Commission on Appointments(3) Issuance of the commission(4) Acceptance by the appointee.

Special Limitations on Appointing power(1) Appointments extended by an acting President shall remain effective unless

revoked by the elected President within ninety days from his assumption ofoffice (Sec. 14, Art. VII);

(2) Two months immediately before the next presidential elections and up to theend of his term, a President or acting President shall not make appointmentsexcept temporary appointments to executive positions when continuedvacancies therein will prejudice public service or endanger public safety (Sec.15, Art. VIII)

Pardoning Power of the President

Exceptions:(1) It cannot be exercised in cases of impeachment [Sec. 19, Art. VII](2) It cannot be granted in case of violation of election laws without the favorable

recommendation of the COMELEC. [Sec. 5, Art. IX-C](3) It can be granted only after conviction by final judgment(4) It cannot be granted in cases of legislative contempt (as it would violate the

principle of separation of powers) or civil contempt(5) It cannot absolve the convict of civil liability(6) It cannot restore public offices forfeited

Classifications of Pardon:(1) Plenary(2) Partial(3) Absolute(4) Conditional

Presidential Immunity from Suit

We now come to the scope of immunity that can be claimedby petitioner as a non-sitting President. The cases filed against

Petitioner Estrada are criminal in character. They involve plunder,bribery, graft and corruption. By no stretch of the imagination can


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Political Lawthese crimes, especially plunder which carries the death penalty, becovered by the alleged mantle of immunity of a non-sitting President.Petitioner cannot cite any decision of this Court licensing thePresident to commit criminal acts and wrapping him with post-tenureimmunity from liability. It will be anomalous to hold that immunity is an

inoculation from liability for unlawful acts and omissionsXXX(Estrada v. Desierto)

Note:The framers of the 1987 Constitution did not reenact the provision of

the 1973 Constitution on executive immunity. The Doctrine of ExecutiveImmunity is now based on jurisprudence.

- - JUDICIAL DEPARTMENT- -

Where Vested:Supreme Court, and in such lower courts as may be established by law

JUDICIAL REVIEW- the power of the courts to test the validity of executive andlegislative acts in light of their conformity with the Constitution.

Sec. 1 (par. 2), Art VIII:Judicial power includes the duty of the courts of justice to settle

actual controversies involving rights which are legally demandable andenforceable, and to determine whether or not there has been graveabuse of discretion amounting to lack of or in excess of jurisdiction onthe part of any instrumentality of government.

Power of Judicial Review; Requisites:(1) actual case or controversy(2) constitutional question raised by the proper party(3) constitutional question must be raised at the earliest possible time

a. Criminal at any time at the discretion of the courtb. Civil at any stage of the proceedings if necessary for the

determination of the case itself

c. In every case, except where there is estoppel, it can be raised at anystage if it involves the jurisdiction of the courts(4) the decision on the constitutional question must be determinative of the case

itself (and the case cannot be decided by some other ground, such as theapplication of a statute or the general law)

Taxpayers Suit; Requisites (aside from the 4 requisites for judicial review)(1) That public funds are disbursed by a political subdivision or instrumentality,and in

doing so,(2) A law is violated or some irregularity is committed and that the petitioner is

directly affected by the alleged ultra vires act


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Political Law

Constitutional Safeguards to Ensure the Independence of the Judiciary:(1) The Supreme Court is a constitutional body; it may not be abolished by the

legislature(2) The members of the SC are removable only by impeachment

(3) The SC may not be deprived of minimum original and appellate jurisdiction;appellate jurisdiction may not be increased without its advice andconcurrence.

(4) The SC has administrative supervision over all inferior courts and personnel(5) The SC has the exclusive power to discipline judges/justices of inferior courts(6) The members of the judiciary have security of tenure(7) The members of the judiciary may not be designated to any agency

performing quasi-judicial or administrative functions(8) Salaries of the judges may not be reduced; the Judiciary enjoys fiscal

autonomy(9) The SC alone may initiate rules of court(10) The SC alone may order temporary detail of judges

(11) The SC can appoint all officials and employees of the Judiciary

Powers of the SC: (Sec. 5, Art. VIII)

The Supreme Court shall have the following powers:

(1) Exercise ORIGINAL JURISDICTION over cases affecting ambassadors,other public ministers and consuls, and over petitions for certiorari,prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, modify, or affirm on appeal or certiorari, as the law or theRules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidentialdecree, proclamation, orders, instruction, ordinance, orregulation is in question.

(b) All cases involving the legality of any tax, impost,assessment, or toll, or any penalty imposed in relationthereto.

(c) All cases in which the jurisdiction of any lower court is inissue.(d) All criminal cases in which the penalty imposed is reclusion

perpetua or higher.(e) All cases in which only an error or question of law is involved.

(NOTE: APPELLATE JURISDICTION OF THE SC)

(3) Assign temporarily judges of lower courts to other stations as publicinterest may require. Such temporary assignment shall not exceed sixmonths without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) PROMULGATE RULES concerning the protection and enforcement ofconstitutional rights, pleading, practice, and procedure in all courts, theadmission to the practice of law, the Integrated Bar, and legal assistance

to the underprivileged. Such rules shall provide a simplified andinexpensive procedure for the speedy disposition of cases, shall beuniform for all courts of the same grade, and shall not diminish, increase,


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Political Lawor modify substantive rights. Rules of procedure of special courts andquasi-judicial bodies shall remain effective unless disapproved by theSupreme Court.

(NOTE: RULE-MAKING POWER OF THE SC)

(6) APPOINT all officials and employees of the judiciary in accordance with theCivil Service Law.

- - CONSTITUTIONAL COMMISSIONS- -Civil Service CommissionCommission on Elections

Commission on Audit

Safeguards Insuring the Independence of the Constitutional Commissions:(1) They are constitutionally created; may not be abolished by statute

(2) They are independent(3) The are conferred certain powers and functions which cannot be reduced by

statute(4) The Chairmen and members cannot be removed except by impeachment(5) The Chairmen and members are given fairly long term of office of seven

years(6) The Chairmen and members may not be re-appointed or appointed in an

acting capacity (Brilliantes v. Yorac, 192 SCRA 358)(7) The salaries of the Chairmen and members may not be decreased during

their term of office(8) The Commissions enjoy fiscal autonomy(9) Each Commission may promulgate its own procedural rules, provided they

do not diminish, increase or modify substantive rights (though subject todisapproval by the SC

(10) The Chairmen and members are subject to certain disqualificationscalculated to strengthen their integrity.

(11) The Commissions may appoint their own officials and employees inaccordance with the Civil Service Law

Inhibitions/Disqualifications(1) Shall not during their tenure, hold any other office or employment(2) Shall not engage in the practice of any profession(3) Shall not engage in the active management or control of any business which

in any way may be affected by the functions of his office(4) Shall not be financially interested, directly or indirectly, in any contract with, orin any franchise or privilege granted by the Government, any of itssubdivisions, agencies or instrumentalities, including GOCCs or theirsubsidiaries

- - CIVIL SERVICE COMMISSION - -

Constitutional Function:

The Civil Service Commission, as the central personnelagency of the Government, shall establish a career service and adopt

measures to promote morale, efficiency, integrity, responsiveness,progressiveness, and courtesy in the civil service. It shall strengthen


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Political Lawthe merit and rewards system, integrate all human resourcesdevelopment programs for all levels and ranks, and institutionalize amanagement climate conducive to public accountability. It shall submitto the President and the Congress an annual report on its personnelprograms. (Sec. 3, Art. IX-B, Constitution)

Scope of the Civil Service:

The civil service embraces all branches, subdivisions,instrumentalities, and agencies of the Government, includinggovernment-owned or controlled corporations with original charters.[Sec. 2 (1), Art. IX-B, Constitution]

Classes of Service:(1) Career Service- characterized by competitive examinations; highly technical

positions; opportunity for advancement; security of tenure

(a) Open career positions, where prior qualification in an appropriateexamination is required

(b) Closed career positions, e.g., scientific or highly technical(c) Career Executive Service , e.g., undersecretaries, bureau directors(d) Career Officers, e.g. those in the foreign office(e) Positions in the Armed Forces of the Philippines, although

governed by a separate merit system(f) Personnel of GOCCs with original charters(g) Permanent laborers, whether skilled, semi-skilled or unskilled

(2) Non- Career Service- characterized by exams other than those of the usualtests required of the career service; job tenure is of limited duration or is co-

terminus with the appointing authority or subject to his pleasure or limited to aparticular project

(a) Elective officials , and their personnel and confidential staff(b) Department Heads and officials of Cabinet rank who hold office at

the pleasure of the President, and their personnel and confidentialstaff

(c) Chairmen and members of commissions and boards with fixedterms of office, and their personnel and confidential staff

(d) Contractual personnel or those whose employment in thegovernment is in accordance with a special contract to undertakea specific work or job requiring technical skills not available in the

employing agency, to be accomplished within a specific period notexceeding one year, under their own responsibility, with theminimum direction and supervision

(e) Emergency and seasonal personnel

Disqualifications(1) No candidate who has lost in any election shall, within one year after such

election, be appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries. (Sec. 6, Art. IX-B)


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Political Law(2) 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]

(Note: relate this with Sec. 13, Art. VI)

No Senator or a Member of the House ofRepresentatives may hold any other office or employment inthe Government, or any subdivision, agency, or instrumentalitythereof, including government-owned or controlledcorporations or their subsidiaries, during his term withoutforfeiting his seat. Neither shall he be appointed to any officewhich may have been created or the emoluments thereofincreased during the term for which he was elected.

Provision on Double Compensation

No elective or appointive public officer or employee shallreceive additional, double, or indirect compensation, unlessspecifically authorized by law, nor accept without the consent of theCongress, any present, emolument, office, or title of any kind from anyforeign government.

Pensions or gratuities shall not be considered as additional,double, or indirect compensation. (Sec. 8, Art. IX-B)

- - COMMISSION ON ELECTIONS - -

Constitutional Powers and Functions:

The Commission on Elections shall exercise the following powers andfunctions:

(1) Enforce and administer all laws and regulations relative to theconduct of an election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to theelections, returns, and qualifications of all elective regional, provincial, andcity officials, and appellate jurisdiction over all contests involving electivemunicipal officials decided by trial courts of general jurisdiction, orinvolving elective barangay officials decided by trial courts of limitedjurisdiction.

Decisions, final orders, or rulings of the Commission on election contestsinvolving elective municipal and barangay offices shall be final, executory,and not appealable.

(3) Decide, except those involving the right to vote, all questions affectingelections, including determination of the number and location of pollingplaces, appointment of election officials and inspectors, and registration ofvoters.

(4) Deputize, with the concurrence of the President, law enforcementagencies and instrumentalities of the Government, including the Armed

Forces of the Philippines, for the exclusive purpose of ensuring free,orderly, honest, peaceful, and credible elections.


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Political Law(5) Register, after sufficient publication, political parties, organizations, or

coalitions which, in addition to other requirements, must present theirplatform or program of government; and accredit citizen's arms of theCommission on Elections. Religious denominations and sects shall not beregistered. Those which seek to achieve their goals through violence or

unlawful means, or refuse to uphold and adhere to this Constitution, orwhich are supported by any foreign government shall likewise be refusedregistration.

Financial contributions from foreign governments and their agencies topolitical parties, organizations, coalitions, or candidates related toelections constitute interference in national affairs, and, when accepted,shall be an additional ground for the cancellation of their registration withthe Commission, in addition to other penalties that may be prescribed bylaw.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for

inclusion or exclusion of voters; investigate and, where appropriate,prosecute cases of violations of election laws, including acts or omissionsconstituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize electionspending, including limitation of places where propaganda materials shallbe posted, and to prevent and penalize all forms of election frauds,offenses, malpractices, and nuisance candidates.

(8) Recommend to the President the removal of any officer or employer it hasdeputized, or the imposition of any other disciplinary action, for violation ordisregard of, or disobedience to its directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on theconduct of each election, plebiscite, initiative, referendum, or recall. (Sec.2, Art. IX-C, Constitution)

Other Powers:(10) Declare a failure of election (Sison v. Comelec, GR No. 134096, March 3,

1999)

(11) By implication, it has the power to promulgate rules and regulations inthe enforcement of laws relative to elections (Nachura, p. 223)

(12) Regulatory power over media of transportation, communication andinformation (Nachura, p. 224)

(13) Power to cite for contempt, but this power may only be exercised onlywhile the Comelec is in the exercise of its quasi-judicial functions(Nachura, p. 228)

- - COMMISSION ON AUDIT- -

Powers and Duties (Sec. 2, Art. IX-D)(1) Examine, audit and settle all accounts pertaining to the revenue and

receipts of, and expenditures or uses of funds and property owned or heldin trust or pertaining to, the Government

(2) Keep the general accounts of government, and preserve vouchers and

supporting papers for such period as provided by law


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Political Law(3) Authority to define the scope of its audit and examination, establish

techniques and methods required therefor.(4) Promulgate accounting and auditing rules and regulations, including those

for the prevention and disallowance of irregular, unnecessary, expensive,extravagant or unconscionable expenditures or uses of government funds

or property.

Jurisdiction of the Commission No law shall be passed exempting any entity of Government,

or any investment of public funds, from the jurisdiction of theCommission on Audit. (Sec. 3, Art. IX-D)

- - ACCOUNTABILITY OF PUBLIC OFFICERS- -

Public office is a public trust. Public officers andemployees must at all times be accountable to the people, servethem with utmost responsibility, integrity, loyalty and efficiency,

act with patriotism and justice, and lead modest lives. (Sec. 1,Art. XI)

Impeachment: a national inquest into the conduct of public men

Impeachable officers: (exclusive)President, VP, Chief Justice & Assoc. Justices, Chairmen andMembers of the Constitutional Commissions, and theOmbudsman

Grounds for Impeachment: (also exclusive)Culpable violation of the Constitution, treason, bribery, graftand corruption, other high crimes, or betrayal of the public

trust. (see hand-out on definitions) The House of Representatives shall have the exclusive power toinitiate all cases of impeachment

Limitation:Not more than once within a period of one year against thesame official

Trial and decision:The SENATE shall have the SOLE power to try and decide allcases of impeachment. When the President is on trial, theChief Justice of the SC shall preside, but shall not vote.

Conviction: 2/3 vote of all the members of the Senate

Effect of conviction: Removal from office and disqualification tohold any office under the Government.

- - SANDIGANBAYAN- -(Anti-Graft Court)

Jurisdiction: Requisites:

(1) The offense committed is a violation of RA 3019, RA 1379, Chapter 2,sec.2, Title VII, Book 2 of the RPC, EO Nos. 1, 2, 14, and 14-A, issued in1986, or other offense and felonies whether simple or complexed withother crimes;

(2) The offender committing the offenses, is a public official or employeeholding any of the positions enumerated in par. A, sec. 4, RA 8249; and,


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Political Law(3) The offense committed is in relation to the official functions of the

accused.

Ramifications of RA 8249:(1) If trial of the cases pending before whatever court has already begun as

of the approval of RA 8249, the law does not apply(2) If trial of cases pending before whatever court has not begun as of the

approval of RA 8249, then the law applies and the rules are:(a) If the Sandiganbayan has jurisdiction over a case pending before

it, then it retains jurisdiction;(b) If the Sandiganbayan has no jurisdiction over a case pending

before it, the case shall be referred to the regular courts(c) If the Sandiganbayan has jurisdiction over a case before a regular

court, the latter loses jurisdiction and the same shall be referred tothe Sandiganbayan

(d) If a regular court has jurisdiction over a case pending before it,then said court retains jurisdiction (Binay v. Sandiganbayan, GR

No. 120281-83, October 1, 1999)

- - OMBUDSMAN - -

Function and Powers (Art. XI, Constitution)

The Ombudsman and his Deputies, as protectors of the people, shallact promptly on complaints filed in any form or manner against public officialsor employees of the Government, or any agency, subdivision orinstrumentality thereof, including government-owned or controlledcorporations, and shall, in appropriate cases, notify the complainants of theactions taken and the result thereof. (Sec.12)

The Office of the Ombudsman shall have the following powers, functions,and duties:

(1) Investigate on its own, or on complaint by any person, any act oromission of any public official, employee, office or agency, whensuch act or omission appears to be illegal, unjust, improper, orinefficient.

(2) Direct, upon complaint or at its own instance, any public official oremployee of the Government, or any subdivision, agency orinstrumentality thereof, as well as of any government-owned orcontrolled corporation with original charter, to perform and expediteany act or duty required by law, or to stop, prevent, and correct anyabuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a publicofficial or employee at fault, and recommend his removal, suspension,demotion, fine, censure, or prosecution, and ensure compliancetherewith.

(4) Direct the officer concerned , in any appropriate case, and subject tosuch limitations as may be provided by law, to furnish it with copies ofdocuments relating to contracts and transactions entered into by hisoffice involving the disbursement or use of public funds or properties,

and report any irregularity to the Commission on Audit for appropriateaction.


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Political Law(5) Request any government agency for assistance and information

necessary in the discharge of its responsibilities, and to examine, ifnecessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so

warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement,fraud, and corruption in the Government and make recommendationsfor their elimination and the observance of high standards of ethicsand efficiency.

(8) Promulgate its rules and procedure and exercise such other powers orperform such functions or duties as may be provided by law. (Sec. 13)

Other powers:(9) 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 government agency.(Sec. 24, RA 6770)

(10) Investigate criminal offenses committed by public officers which have norelation to their office (Vasquez v. Alino, 271 SCRA 67)

(11) Power to cite for contempt while conducting preliminary investigation(Lastimosa v. Vasquez, 243 SCRA 497)

See RA 6770or the Ombudsman Law

Ill- gotten Wealth

The right of the State to recover properties unlawfully acquired by publicofficials and employees, from them or from their nominees or transferees, shallnot be barred by prescription, laches, or estoppel. (Sec. 15, Art. XI, Constitution)

See also RA 1379 (Forfeiture of Property Unlawfully Acquired by a PublicOfficer or Employee)

- - NATIONAL ECONOMY AND PATRIMONY- -

Goals:The goals of the national economy are a more equitable

distribution of opportunities, income, and wealth; a sustained increase inthe amount of goods and services produced by the nation for the benefitof the people; and an expanding productivity as the key to raising thequality of life for all, especially the underprivileged. (Sec. 1, Art. XII, 1987Constitution)

Classification of lands of the public domain (Sec. 3, Art. XII)(1) Agricultural;(2) Forest timber;(3) Mineral lands; and,(4) National parks


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Political LawNatural Resources

All lands of the public domain, waters, minerals, coal, petroleum,and other mineral oils, all forces of potential energy, fisheries, forests ortimber, wildlife, flora and fauna, and other natural resources are owned by

the State. With the exception of agricultural lands, all other naturalresources shall not be alienated. (Sec. 2. Art. XII, Constitution) - -REGALIAN DOCTRINE

Citizenship Requirements

(I) Exploration, development, and utilization of natural resources:(a) The State may directly undertake such activities, or it may enter

into co-production, joint venture, or production-sharing agreements

with Filipino citizens, or corporations or associations at leastsixty per centum (60%) of whose capital is owned by suchcitizens. Such agreements may be for a period not exceedingtwenty-five years, renewable for not more than twenty-five years.(Sec. 2, Art. XII)

(II) Use and enjoyment of the Nations Marine Wealth(a) The State shall protect the nation's marine wealth in its

archipelagic waters, territorial sea, and exclusive economic zone,and reserve its use and enjoyment exclusively to Filipino citizens .(Sec. 2, Art. XII)

[Note: Marginal fisherman v. Subsistence fisherman- -A marginal fisherman is an individual engaged in fishing whose

margin of return or reward from his harvest of fish, as measured byexisting price levels, is barely sufficient to yield a profit or cover thecost of gathering the fish; while a subsistence fisherman is one whosecatch yields but the irreducible minimum for his livelihood. Thepreferential right granted to them by Sec. 7, Art. XII is not absolute(Nachura, p. 245)]

(III) Alienable lands of the public domain (limited to agricultural lands)

(a) Private corporations or associations may not hold such alienablelands of the public domain except by lease, for a period notexceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.

Citizens of the Philippines may lease not more than five hundredhectares, or acquire not more than twelve hectares thereof bypurchase, homestead, or grant. (Sec. 3, Art. XII)

(IV) Certain areas of Investment

(a) Reserved for Filipino citizens or corporations 60% of whose

capital is Filipino owned, although Congress may prescribe ahigher percentage of Filipino ownership (Sec. 10, Art. XII)


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Political Law(b) In the grant of rights and privileges and concessions covering the

national economy and patrimony, the State shall give preferenceto qualified Filipinos(Sec. 10, Art. XII)

(c) OPERATION OF PUBLIC UTILITYNo franchise, certificate, or any other form of authorization for the

operation of a public utility shall be granted except to citizens ofthe Philippines or to corporations or associations organizedunder the laws of the Philippines at least sixty per centum ofwhose capital is owned by such citizens, nor shall suchfranchise, certificate, or authorization be exclusive in character orfor a longer period than fifty years. Neither shall any suchfranchise or right be granted except under the condition that itshall be subject to amendment, alteration, or repeal by theCongress when the common good so requiresXXX. (Sec. 11,Art. XII)

MonopoliesThe State shall regulate or prohibit monopolies when the public

interest so requires. No combinations in restraint of trade or unfair competitionshall be allowed. (Sec. 19, Art. XII)

- - SOCIAL JUSTICE AND HUMAN RIGHTS- -

The Congress shall give highest priority to the enactment ofmeasures that protect and enhance the right of all the people to human

dignity, reduce social, economic, and political inequalities, and removecultural inequities by equitably diffusing wealth and political power for thecommon good.

To this end, the State shall regulate the acquisition, ownership,use, and disposition of property and its increments. (Sec. 1, Art. XIII)

The promotion of social justice shall include the commitment tocreate economic opportunities based on freedom of initiative and self-reliance. (Sec. 2, Art. XIII)

- - COMMISSION ON HUMAN RIGHTS- -

Powers and Functions:

The Commission on Human Rights shall have the following powers andfunctions:

(1) Investigate, on its own or on complaint by any party, all forms of human rightsviolations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contemptfor violations thereof in accordance with the Rules of Court;


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Political Law

(3) Provide appropriate legal measures for the protection of human rights of allpersons within the Philippines, as well as Filipinos residing abroad, andprovide for preventive measures and legal aid services to the underprivilegedwhose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information toenhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rightsand to provide for compensation to victims of violations of human rights, ortheir families;

(7) Monitor the Philippine Government's compliance with international treatyobligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or

whose possession of documents or other evidence is necessary orconvenient to determine the truth in any investigation conducted by it orunder its authority;(Note: TRANSACTIONAL IMMUNITY)

(9) Request the assistance of any department, bureau, office, or agency in theperformance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.(Sec. 18, Art. XIII)

- - EDUCATION - -

Educational Institutions:

OWNERSHIP:

Educational institutions, other than those established by religious groupsand mission boards, shall be owned solely by citizens of the Philippines

or corporations or associations at least sixty per centum (60%) of thecapital of which is owned by such citizens . The Congress may, however,require increased Filipino equity participation in all educational institutions.

CONTROL AND ADMINISTRATION:

The control and administration of educational institutions shall be vestedin citizens of the Philippines.

ALIEN SCHOOLS:

No educational institution shall be established exclusively for aliens andno group of aliens shall comprise more than one-third of the enrollment in

any school.


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Political LawThe provisions of this subsection shall not apply to schools established for

foreign diplomatic personnel and their dependents and, unless otherwiseprovided by law, for other foreign temporary residents. [Sec. 4 (2), Art. IV]

Optional Religious Instruction; Requisites

(1) At the option expressed in writing by the parents or guardians(2) In public elementary and high schools within the regular class hours(3) by instructors designated or approved by the religious authorities of the

religion to which the children or wards belong(4) Without additional cost to the government [Sec. 3 (3), Art. IV]

Academic Freedom; Aspects

(1) From the viewpoint of the educational institution:(a) who may teach(b) what may be taught(c) how it shall be taught

(d) who may be admitted to study (Garcia v. FacultyAdmission Committee, 68 SCRA 277)

(2) From the viewpoint of the members of the academe

The freedom of the teacher or research worker inhigher institutions of learning to investigate to and discuss theproblems of his science without interference from authorityexcept the control or authority of the rational methods by whichtruths or conclusions are sought and established in thesedisciplines.

ACADEMIC FREEDOMIt is the right of the school or college to decide for itself, its

aims and objectives, and how best to attain them- free from outsidecoercion or interference save possibly when the overriding publicwelfare calls for some restraint. It extends to the choice of students[University of San Agustin v. CA, 230 SCRA 761 (1994)] (see alsoSec. 5 (2), Art. XIV, 1987 Constitution) (see also Suggested Answersto Bar Questions, UP Law Complex)

Academic Freedom includes the right to prescriberequirements for the conferment of honors. (University of San Carlos

v. CA, GR No. 79237, Oct.18, 1988)

- - MASS MEDIA AND ADVERTISING INDUSTRY- -

Mass Media

The ownership and management of mass media shall belimited to citizens of the Philippines, or to corporations,cooperatives or associations, wholly-owned and managed by suchcitizens.

The Congress shall regulate or prohibit monopolies in

commercial mass media when the public interest so requires. No


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Political Lawcombinations in restraint of trade or unfair competition therein shall beallowed. [Sec. 11 (1), Art. XVI)]

Advertising Industry

The advertising industry is impressed with public interest, andshall be regulated by law for the protection of consumers and thepromotion of the general welfare.

Only Filipino citizens or corporations or associations atleast seventy per centum (70%) of the capital of which is ownedby such citizens shall be allowed to engage in the advertisingindustry.

The participation of foreign investors in the governing body ofentities in such industry shall be limited to their proportionate share in

the capital thereof, and all the executive and managing officers ofsuch entities must be citizens of the Philippines. [Sec. 11 (2), Art.XVI]

- - AMENDMENTS TO THE CONSTITUTION- -

Ways of Amending or Revising the Constitution (Art. XVII)(1) By the Congress , by a vote of three-fourths (3/4) of all its members;(2) By a Constitutional Convention , either called by 2/3 vote of all the

Members of Congress, or approved by the electorate as when thequestion of calling such convention is submitted to the electorate bymajority vote of all the Members of Congress; or

(3) By the people through a system of initiative

ARTICLE XVIIAny amendment to, or revision of, this Constitution may be

proposed by:(1) The Congress, upon a vote of three-fourths of all its Members;

or(2) A constitutional convention. (Sec. 1)

Amendments to this Constitution may likewise be directlyproposed by the people through initiative upon a petition of at least twelveper centum of the total number of registered voters, of which everylegislative district must be represented by at least three per centum of theregistered voters therein. No amendment under this section shall beauthorized within five years following the ratification of this Constitutionnor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exerciseof this right. (Sec. 2)

The Congress may, by a vote of two-thirds of all its Members, calla constitutional convention, or by a majority vote of all its Members,

submit to the electorate the question of calling such a convention. (Sec. 3)


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Political LawAny amendment to, or revision of, this Constitution under Section

1 hereof shall be valid when ratified by a majority of the votes cast in aplebiscite which shall be held not earlier than sixty days nor later thanninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid whenratified by a majority of the votes cast in a plebiscite which shall be heldnot earlier than sixty days nor later than ninety days after the certificationby the Commission on Elections of the sufficiency of the petition. (Sec.4)

Notes:

By Congress and ConCon amendments or revisions

By Peoples Initiative- amendments only

Take note of the distinction between amendment and revision

Take note also of the 3 Systems of Initiative

Santiago v. Comelec [270 SCRA 106 (1997)]

The system on initiative on the Constitution under Sec. 2,Art. XVIIis not self-executory. Congress needs to enact animplementing law. There is none as of the moment.

RA 6735 is an initiative and referendum on national and

local laws and not an initiative on amendments to theConstitution.

ADMINISTRATIVE LAW

Creation of Administrative Bodies or Agencies:(1) Constitutional provision;(2) Legislative enactment; or

(3) Authority of law

Powers of Administrative Agencies(1) Quasi-Legislative or Rule-Making Power - exercise of the delegated

legislative power, involving no discretion as to what the law shall be, butmerely the authority to fix the details in the execution or enforcement of apolicy set out in the law itself

(a) supplementary or detailed legislation(b) interpretative legislation(c) contingent legislation

Notes: Requisites for Validity(1) issued under authority of law(2) within the scope and purview of the law(3) reasonable(4) publication, except in cases of interpretative rules and regulations,

or those merely internal in nature, or the so-called letters ofinstruction issued by administrative superiors concerning the rulesand guidelines to be followed by their subordinates in theperformance of their duties

Additional Requisites for Administrative Rules with Penal Sanctions:(5) The law itself must itself declare as punishable the violation of the

administrative rule or regulation


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Political Law(6) The law should define or fix the penalty for violation of the

administrative rule or regulation

(2) Quasi-Judicial or Adjudicatory Power

* Note the requisites of administrative due process

In administrative proceedings, due process simplymeans the opportunity to explain ones side or the opportunityto seek a reconsideration of the action or ruling complained of;a formal or trial-type hearing is not, at all times, necessary.

SUBSTANTIAL EVIDENCE- such relevant evidence as a reasonablemind might accept as adequate to support a conclusion

**Additional notes:

The requirement of notice and hearing in termination cases doesnot connote full adversarial proceedings, as actual adversarialproceedings become necessary only for clarification or when thereis a need to propound searching questions to witnesses who givevague testimonies (Calma v. CA, GR No. 122787, Feb. 9, 1999)

Administrative due process does not necessarily require theassistance of counsel (Lumiqued v. Exenea, GR No.117565,November 18, 1997)

A prospective extraditee is entitled to the minimum requirements ofnotice and opportunity to be heard since he faces danger of losingliberty (Sec. of Justice v. Lantion, GR No. 139465, January 18,2000)

However, administrative due process cannot be fully equated todue process in the strict judicial sense (Ocampo v. Office of heOmbudsman, GR No. 139465, January 18, 2000)

POWER TO PUNISH CONTEMPT is inherently judicial; may beexercised only if expressly conferred by law, and when theadministrative body is engaged in its quasi-judicial functions.(Dumarpa v. Dimaporo, 177 SCRA 478)

Administrative decisions do not form part of the legal system.

Only decisions of administrative agencies made in the exercise ofquasi-judicial powers are subject to the rule on exhaustion ofadministrative remedies. (Assoc. of PCD v. PCA, GR No. 110526,Feb. 10, 1998)

(3) Determinative/ Incidental powers(a) enabling(b) directing(c) dispensing(d) examining(e) summary


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Political Law

Administrative Appeal and Review(1) Where provided by law, appeal from an administrative determination may

be made to a higher or superior administrative body(2) The President by virtue of his power of control over all executive

departments may affirm, modify, alter or reverse the administrativedecision of subordinate officials and employees

(3) The appellate administrative agency may conduct additional hearings inthe appealed case, if deemed necessary

Doctrine of Res Judicata in Administrative LawDecisions and orders of administrative agencies, rendered

pursuant to their quasi-judicial authority have, upon their finality, theforce and binding effect of a final judgment within the purview of resjudicata. (NAFTU v. Mainit Lumber Devt. Co. 192 SCRA 598). Thesedecisions and orders are as conclusive upon the rights of the affectedparties as though the same had been rendered by a court of general

jurisdiction. The rule of res judicata thus forbids the reopening of amatter once determined by competent authority acting within theirexclusive jurisdiction (Ysmael v. Deputy Exec. Sec., 190 SCRA 673)

(Note: Res Judicata does not apply to questions of citizenship;however, see exceptions)

LAW OF PUBLIC OFFICERS

Elements of Public Office:(1) It must be created by law or by authority of law(2) It must possess a delegation of a portion of the sovereign powers of

government to be exercised for the benefit of the public(3) The powers conferred and the duties to be discharged must be defined,

directly or impliedly, by the legislature or by the legislative authority(4) The duties must be performed independently and without control of a

superior power other than the law, unless they be those of an inferior orsubordinate office created or authorized by the legislature, and by itplaced under the general control of a superior office or body

(5) It must have some permanence and continuity(Cruz, Law of Public Officers, p. 3)

See de facto v. de jure v. usurper of public office

Elements of De Facto Office(1) a validly existing de jure public office(2) color of title to the office

(a) by reputation or acquiescence;

(b) under a know

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