POLITICAL LAW 1

Zaira Gem
III. GENERAL PRINCIPLES
A. Political Law branch of public law which deals with
the organization and operations of the governmental
organs of the State and defines the relations of the
State with the inhabitants of its territory.
B. Scope/Division
1. Constitutional Law study of the maintenance of
the proper balance between authority as
represented by the 3 inherent powers of the State
and liberty as guaranteed by the Bill of Rights
2. Administrative Law Fixes the organization of the
government; Determines the competence of the
administrative authorities who execute the law; and
Indicates to the individuals remedies for the violation
of his right.

c. Spooner Amendment
Appropriation Bill of 1901.

to

the

Army

d. The Philippine Bill of 1902

e. The Jones Law
d. The Tydings-McDuffie Act
8. Statutes, EOs and decrees, judicial decisions
9. International Instrument
a. US Constitution
b. UN Charter
c. International Peace Treaties
IV. THE 1987 CONSTITUTION
CONSTITUTION

3. Law Municipal Corporations

4. Law of Public Officers
5. Election Law

The body of rules and maxims in accordance

with which the powers of sovereignty are habitually
exercised. [Cooley]

1. Biak-na-Bato Constitution

That written instrument enacted by the direct

action of the people, by which the fundamental powers
of the government are established,
limited
and
defined; and by which those powers are distributed
among several departments for their safe and useful
exercise for the benefit of the body politic. [Malcolm]

2. Malolos Constitution

PURPOSES

6. Human Rights Law

7. Public International Law
C. Basis of the Study

3. Japanese Occupation (1943)

4. 1935 and 1973 Constitution
5. Freedom Constitution
6. 1986 Constitution
7. Other organic laws made to apply in the
Philippines
a. Treaty of Paris
b. US President McKinleys Instruction

a. Prescribe permanent framework of a system

of government;
b. Assign to several departments
respective powers and duties

their

c. Establish certain first principles on which the

government is founded
Classification
Written precepts are embodied in one
document/ set of documents

POLITICAL LAW 2
Zaira Gem
Unwritten rules which have not been
integrated into a single, concrete form but are
scattered in various sources (statutes, judicial
decisions,
commentaries, customs and
traditions, common law principles).
Enacted (Conventional) formally struck off at a
definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
Evolved (Cumulative) result of political
evolution, changing by accretion rather than
by any systematic method.
Rigid amended only by formal and usually
difficult process
Flexible changed by ordinary legislation
Qualities of a good written Constitution
Broad comprehensive enough to provide for
every contingency
Brief confine to basic principles to be
implemented
Definite to prevent ambiguity
Essential parts of a good written Constitution
Constitution of Liberty sets forth the civil and
political rights of the citizens and imposing
limitations on the powers of the government
Constitution of Government outlines the
organization of the government; enumerates its
powers; and lay down rules relative to its
administration
Constitution of Sovereignty points out the mode
or procedure in accordance with formal changes in
the fundamental law may be brought about
Interpretation/Construction of the Constitution
Verba legis: given their ordinary meaning
except where technical terms are employed

framers, bearing in mind the objects sought to be

accomplished and evils sought to be prevented;
doubtful provision shall be examined in light of the
history of the times and the conditions and
circumstances under which the Constitution was
framed
Ut magis valeat quam pereat: Constitution to be
interpreted as a whole
- Safer to construe the Constitution from
what appears upon its face. If, however, the plain
meaning of the word is not found to be clear, resort
to other aids is available.
- In case of doubt, consider provisions as selfexecuting; mandatory rather than directory; and
prospective rather than retroactive.
- Self-executing provisions: one that lays down
principle is usually not self-executing. That which is
complete in itself and becomes operative without
the aid of supplementary or enabling legislation, or
that which supplies a sufficient rule by means of
which the right it grants may be enjoyed or
protected, is self-executing.
- Self-executing if the nature and extent of the
right conferred and liability imposed are fixed by
the Constitution itself.
- Section 26, Article II of the Constitution does
NOT contain judicially enforceable constitutional
rights.
Amendment vs. Revision
Amendment
Adds, reduces, deletes, without altering
the basic principle involved.
Isolated or piecemeal change in the
Constitution

POLITICAL LAW 3
Zaira Gem
Revision
Change that alters a basic principle of the
Constitution like altering the principle of separation
of powers or system of checks and balances.
revamp or rewriting of the entire instrument
Legislative Power merely provides details for
implementation
Steps in the Amendatory Process
a. Proposal
- Congress, of ALL its members understood as
of Senate and of HRs
- Constitutional
Convention,
called
into
existence by 2/3 a vote of all the members of
Congress with the question of whether or not to
call a convention to be resolved by the people in
a plebiscite
- People through Power of Initiative, petition of
at least 12% of the total number of registered
voters, of which every legislative district must be
represented by at least 3% of the registered
voters therein power of the people to
propose amendments to the Constitution or to
propose and enact legislation through an
election called for that purpose
Limitation: No amendment w/in 5 years
following the ratification of this Constitution
nor more than once every five years
thereafter.
3 systems of initiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
-

Choice of method of proposal

is within the full discretion of
the legislature

- 3 Theories on the position of a Constitutional

Convention vis--vis the regular departments of
government
(1) Theory of Conventional Sovereignty
(2) Convention is inferior to other departments
(3) Independent of and co-equal to the other
departments
Ratification
- Ratified by a majority of the votes cast in a
plebiscite held not earlier than 60 nor later than
90 days after the approval of the proposal by
Congress or the Constitutional Convention, or
after the certification by the COMELEC of the
sufficiency of the initiative.
- Doctrine or proper submission: Constitution
prescribes the time frame within which the
plebiscite is to be held, there can no longer be
any question on whether the time given to the
people to determine the merits and demerits of
the proposed amendment is adequate.
- Plebiscite may be held on the same day as a
regular election.
- Entire Constitution must be submitted for
ratification at one plebiscite only.
- The people have to be given a proper frame
of reference in arriving at their decision.
Judicial Review of Amendments issue is whether or
not the constitutional provisions had been followed.
The Power of Judicial Review
Judicial Review power of the courts to test the validity
of executive and legislative acts in light of their
conformity with the Constitution.
- Power is inherent in the Constitution.
- Section 1, Article VII of the Constitution: Judicial
power includes the duty of the courts of justice to

POLITICAL LAW 4
Zaira Gem
settle actual controversies involving rights which
are legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of Government.
Who may exercise
- Power of the SC to decide constitutional
questions.
- Constitutional appellate jurisdiction of the SC
and implicitly recognizes the authority of lower
courts to decide questions involving the
constitutionality of laws, treaties, agreements, etc.
- Notice to SolGen is mandatory to enable him to
decide whether or not his intervention in the action
is necessary.
Functions of Judicial Review
(1) Checking
(2) Legitimizing
(3) Symbolic
Requisi tes of Judicial Review
(1) Actual case or controversy
(2) Constitutional question must be raised by the
proper party
- A partys standing in court is a procedural
technicality which may be set aside by the Court in
view of the importance of the issues involved;
paramount
public
interest/transcendental
importance
- Present substantial interest such interest of
a party in the subject matter of the action as will
entitle him under substantive law, to recover of
the evidence is sufficient, or that he has a legal
title to defend and the defendant will be protected
in payment to or recovery from him.

- A taxpayer, or group of taxpayers, is a proper

party to question the validity of a law
appropriating public funds.
Requisites for Taxpayers Suit:
(1) Public funds are disbursed by a political
subdivision or instrumentality
(2) A law is violated or irregularity is committed
(3) Petitioner is directly affected by the ultra vires
act
- The Government is a proper party to question
the validity of its own laws, because more than any
one, it should be concerned with the
constitutionality of its acts

The established rule is that a party can

question the validity of a statute only if, as
applied to him, it is unconstitutional.
Exception: Facial Challenge, when it
operates in the area of freedom of
expression.
Overbreadth Doctrine: permits a party to
challenge the validity of a statute even
though, as applied to him, it is not
unconstitutional, but it might be if applied
to other not before the Court whose
activities are constitutionally protected.
Invalidation of the statute on its face,
rather than as applied is permitted in the
interest of preventing a chilling effect on
freedom of expression.
Facial challenge is the most difficult
challenge because the challenge must
establish that no set of circumstances exists
under which the act would be valid.
- The constitutional question must be raised at
the earliest possible opportunity
- The decision on the constitutional question
must be determinative of the case itself.

POLITICAL LAW 5
Zaira Gem
- Bars judicial inquiry into a constitutional
question unless the resolution is indispensable to
the determination of the case.
- Every law has in its favor the presumption of
constitutionality, and to justify its nullification,
there must be a clear and unequivocal breach of the
Constitution.
COMMISSION ON HUMAN RIGHTS EMPLOYEES
ASSOCIATION (CHREA) VS. COMMISSION ON HUMAN
RIGHTS
A proper party is one who has sustained or is in
immediate danger of sustaining an injury as a result
of the act complained of.
The 1987 Constitution expressly and unambiguously
grants fiscal autonomy only to the Judiciary, the
constitutional commissions, and the Office of the
Ombudsman; CHR is not one of them.
GALICIO VS. AQUINO ET AL.
Locus standi or legal standing has been defined as a
personal and substantial interest in a case such that
the party has sustained or will sustain direct injury
as a result of the governmental act that is being
challenged.
A moot case is one that ceases to present a
justiciable controversy by virtue of supervening
events, so that a declaration thereon would be of
no practical use or value.
EO 7 is constitutional. The question as to
constitutionality of EO 7 serves no useful purpose
since such issue is moot in its face in light of the
enactment of R.A. No. 10149.
MANILA PRINCE HOTEL vs. GSIS
In case of doubt, the Constitution should be
considered self-executing rather than non-selfexecuting. Unless the contrary is clearly intended,
the provisions of the Constitution should be
considered self-executing, as a contrary rule would

give the legislature discretion to determine when,

or whether, they shall be effective. These provisions
would be subordinated to the will of the lawmaking
body, which could make them entirely meaningless
by simply refusing to pass the needed implementing
statute.
KILOSBAYAN ET AL. VS. GUINGONA ET AL.
A party's standing before this Court is a procedural
technicality which it may, in the exercise of its
discretion, set aside in view of the importance of
the issues raised.
COA OPINION ON THE COMPUTATION OF THE
APPRAISED VALUE OF THE PROPERTIES
PURCHASED BY THE RETIRED CHIEF/ ASSOCIATE
JUSTICES OF THE SUPREME COURT
Any kind of interference on how these retirement
privileges and benefits are exercised and availed of,
not only violates the fiscal autonomy and
independence of the Judiciary, but also encroaches
upon the constitutional duty and privilege of the
Chief Justice and the Supreme Court En Banc to
manage the Judiciarys own affairs.
Judicial Independence

Decisional Independence
Institutional Independence
SANIDAD VS. COMELEC

The amending process both as to proposal and

ratification raises a judicial question.
LAMP vs. SEC. OF DBM
In order for a court to exercise the power of judicial
review, the four requisites must be present.
DEFENSOR-SANTIAGO vs. COMELEC
RA 6735 is incomplete, inadequate, or wanting in
essential terms and conditions insofar as initiative
on amendments to the Constitution is concerned.

POLITICAL LAW 6
Zaira Gem
SALONGA vs. PAO
The Court exercised the power of judicial review
even if the issue had become moot and academic
since it has the duty to formulate guiding and
controlling constitutional principles, precepts,
doctrines, or rules. Symbolic function of the
Supreme Court.
TANADA VS ANGARA
Where an action of the legislative branch is
seriously alleged to have infringed the Constitution,
it becomes not only the right but in fact the duty of
the judiciary to settle the dispute. The duty to
adjudicate remains to assure that the supremacy of
the Constitution is upheld. Once a controversy as to
the application or interpretation of a constitutional
provision is raised before this Court, it becomes a
legal issue which the Court is bound by
constitutional mandate to decide.
SANLAKAS VS. EXECUTIVE SECRETARY
Only real parties in interest or those with standing,
as the case may be, may invoke the judicial power.
The jurisdiction of this Court, even in cases involving
constitutional questions, is limited by the "case and
controversy" requirement of Art. VIII, 5. This
requirement lies at the very heart of the judicial
function. It is what differentiates decision making in
the courts from decision making in the political
departments of the government and bars the
bringing of suits by just any party.
DAVID VS. MACAPAGAL-ARROYO
The "moot and academic" principle is not a magical
formula that can automatically dissuade the courts
in resolving a case. Courts will decide cases,
otherwise moot and academic, if: first, there is a
grave violation of the Constitution; second, the
exceptional character of the situation and the
paramount public interest is involved; third, when
constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar,

and the public; and fourth, the case is capable of

repetition yet evading review.
FORTUN VS MACAPAGAL ARROYO
Impose martial law for flimsy reasons and revoke
the same before the Congress acts on it. Youll be
off the hook. Joke. Kidding aside, the existence of
an actual case/controversy is an essential requisite
of judicial review. The issues raised must not be
moot and academic.
BAYAN VS SECRETARY ERMITA
In a judicial review, a proper party is one who has
sustained or is in imminent danger of sustaining
injury as a result of the act/law complained of.
ROQUE VS COMELEC
The existence of an actual case or controversy is
essential for judicial review. Mere speculations and
conjectures cannot be the basis of a sound
judgment.
GONZALES III VS OFFICE OF THE PRESIDENT
Ut magis valeat quam pereat. The laws have to be
interpreted as a whole.
Ration legis et anima. The laws have to be
interpreted in accordance with the intent of the
framers.
V. THE PHILIPPINES AS A STATE
State: a community of persons, more or less numerous,
permanently occupying a definite portion of territory,
independent of external control and possessing a
government to which a great body of inhabitants render
habitual obedience.

State is a legal or juristic concept; nation is an ethnic or

racial concept.
Government is an instrumentality of the State through
which the will of the State is implemented and realized.

POLITICAL LAW 7
Zaira Gem
Elements:
(1) People
(2) Territory
Treaty of Paris
Treaty of Washington
Treaty of Great Britain
Components:
1) Terrestrial
2) Fluvial
3) Maritime
4) Aerial
(3) Government
(4) Sovereignty
Archipelago Doctrine: the waters around, between and
connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal
waters of the Philippines.
Functions of the Government:
(1) Constituent mandatory for the Government to
perform because they constitute the very bonds
of society
(2) Ministrant intended to promote the welfare,
progress and prosperity of the people and
which are merely optional for Government to
perform

Doctrine of Parens Patriae: parents of the people; the

Government may act as guardian of the rights of the
people who may be disadvantaged or suffering from
some disability or misfortune.
Government The agency or instrumentality through
which the will of the State is formulated, expressed and
realized.
Classification
(1) De jure
De facto Kinds

1) Takes possession or control of, or

usurps, by force or by the voice of the
majority, the rightful legal government
and maintains itself against the will of
the latter;
2) Established by the inhabitants of a
territory who rise in insurrection against
the parent state; and
3) Established by invading forces of an
enemy who occupy a territory in the
course of war (de facto government of
paramount force).
(2) Presidential separation of executive and
legislative powers
Parliamentary fusion of both executive and
legislative in Parliament; actual exercise of executive
powers is vested in a Prime Minister who is chosen by,
and
accountable to the Parliament
(3) Unitary
Federal
Sovereignty: supreme and uncontrollable power
inherent in a State by which that State is governed
Kinds:
1) Legal power to issue final commands
Political sum total of all the influences which lie
behind the law
2) Internal supreme power over everything
within the territory
External/Independence freedom from external
control
Characteristics:
1) Permanence
2) Exclusiveness
3) Comprehensiveness
4) Absoluteness
5) Indivisibility
6) Inalienability
7) Imprescriptibility
Effects of Change in Sovereignty: Political laws
are abrogated; municipal laws remain in force

POLITICAL LAW 8
Zaira Gem
Effects of Belligerent Occupation: No change in
sovereignty.
Political laws, except the law on treason, are
suspended;

Municipal laws remain in force unless repealed by

belligerent occupant;

At the end of belligerent occupation, political laws

shall automatically become effective again
(doctrine of jus postliminium)

(2)

(3)
(4)
(5)

Dominium capacity to acquire or own property

Imperium authority possessed by the State embraced
in the concept of sovereignty

(6)

Jurisdiction
Territorial: power of the State over
persons and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic
representatives and consuls to a certain degree;
(2) Foreign state property, including embassies,
consulates and public vessels engaged in noncommercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights
of innocent passage or involuntary entry such
as arrival under stress
(5) Foreign armies passing through or stationed in
its territory with its permission; and
(6) Other persons or property, including
organizations like the UN, over which it may, by
agreement, waive jurisdiction.
Personal: power of the State over its nationals, which
may be exercised by the State even of the individual is
outside the territory of the State.
Extraterritorial: power exercised by the State beyond its
territory, example:
(1) Assertion of its personal jurisdiction over its
nationals abroad or the exercise of its right to
punish offenses committed outside its territory

(7)

against its national interests even if the

offenders are non-resident aliens;
By virtue of its relations with other
states/territories (as when it establishes a
colonial protectorate or a condominium or
administers a trust territory or occupies enemy
territory in the course of war);
Local state waives jurisdiction over persons and
things within its territory;
Principle of extraterritoriality
Enjoyment of easements or servitudes
(easement of innocent passage or arrival under
stress)
Exercise of jurisdiction by the state in the high
seas over its vessels, over pirates, in the
exercise of the right to visit and search, and
under doctrine or hot pursuit;
Exercise of limited jurisdiction over the
contiguous zone and the patrimonial sea, to
prevent infringement of its customs, fiscal,
immigration or sanitary regulations.

State Immunity from Suit: The State cannot be sued

without its consent.
Royal Prerogative of Dishonesty: There can be
no legal right against the authority which makes
the law on which the right depends. It may be
sued if its gives consent.
Par in parem non habet imperium: Immunity is
enjoyed by other States. The Head of the State,
who is deemed the personification of the State,
is inviolable and enjoys immunity.
Test to Determine if Suit is Against the State
Whether it requires an affirmative act from the
state.
Suit Against Government Agencies
1. Incorporated if the charter provides that the
agency can sue and be sued, then suit will lie,
including one for tort. The provision in the
charter constitutes express consent on the part
of the State to be sued.

POLITICAL LAW 9
Zaira Gem

Municipal corporations, agencies of the

state when they are engaged in
governmental functions and should
enjoy sovereign immunity from suit.
They are subject to suit even in the
performance of such functions because
their respective charters provide that
they can sue and be sued. (Section 22
LGC)
2. Unincorporated inquire into the principal
functions
If governmental: no suit without
consent
If proprietary: suit will lie, because
when the State engages in principally
proprietary functions, then it descends
to the level of a private individual, and
may therefore be vulnerable to suit.
Suit Against Public Officers: The doctrine of state
immunity also applies to complaints filed against
officials of the State for acts performed by them in the
discharge of their duties within the scope of their
authority.
Exceptions: (may be sued without prior consent
from State)
1. to compel him to do an act required by
law;
2. to restrain him from enforcing an act
claimed to be unconstitutional;
3. to compel the payment of damages
from an already appropriated assurance
fund or to refund tax over-payments
from a fund already available for the
purpose;
4. to secure a judgment that the officer
impleaded may satisfy by himself
without the State having to do a
positive act to assist him;
5. where government itself has violated its
own laws, because the doctrine of state
immunity cannot be used to
perpetrate an injustice

Where a public officer has committed an ultra vires act,

or there is a showing of bad faith, malice or gross
negligence, then the officer can be held personally
accountable.
In order that suit may lie against the state, there must
be consent. Where no consent is shown, state immunity
from suit may be invoked as a defense by the courts sua
sponte at any stage of the proceedings.
Express consent: general law or special law
Implied consent
1. state commences a litigation
2. state enters into a business contract
Scope of consent: consent to be sued does not include
consent to the execution of judgment against it. Such
execution will require another waiver.
Suability is not equated with outright liability. Liability
will have to be determined by the court on the basis of
the evidence and the applicable law.
REPUBLIC VS SANTOS III
All river beds remain property of public dominion and
cannot be acquired by acquisitive prescription unless
previously declared by the Government to be alienable
and disposable.
To prove that the land subject of an application for
registration is alienable, an applicant must conclusively
establish the existence of a positive act of the
Government, such as a presidential proclamation,
executive order, administrative action, investigation
reports of the Bureau of Lands investigator, or a
legislative act or statute.
CIR vs CAMPOS RUEDA
A foreign country is to be identified with a state, it is
required in line with Pound's formulation that it be a
politically organized sovereign community independent
of outside control bound by ties of nationhood, legally
supreme within its territory, acting through a
government functioning under a regime of law. The
international zone of Tangier, even if it is not recognized

POLITICAL LAW 10
Zaira Gem
by the Philippine Government as a state or even if w/o
international personalitya, could avail of the reciprocal
provisions of our Tax Code
SHIPSIDE INC. VS CA
The Republic of the Philippines cannot be barred by the
rules on prescription
BCDA is not a mere agency of the Government but a
corporate body performing proprietary BCDA is not a
mere agency of the Government but a corporate body
performing proprietary functions.
MELCHORA CABANAS vs. FRANCISCO PILAPIL
This prerogative of parens patriae is inherent in the
supreme power of every Stat. The judiciary, as an
agency of the State acting as parens patriae, is called
upon whenever a pending suit of litigation affects one
who is a minor to accord priority to his best interest.
ANASTACIO LAUREL vs. ERIBERTO MISA
Military occupant cannot repeal or suspend operation
of law of treason.
WILLIAM F. PERALTA vs. THE DIRECTOR OF PRISONS
During a belligerent occupation, the political laws of the
occupied territory are merely suspended, subject to
revival under the principle of jus postliminium upon the
end of the occupation. But non-political laws are
deemed continued unless changed by the belligerent
occupant since they are intended to govern the
relations of individuals as among themselves.
SOUTHEAST ASIAN FISHERIES DEVELOPMENT CENTERAQUACULTURE DEPARTMENT (SEAFDEC-AQD) vs.
NLRC
International organizations enjoy immunity from local
jurisdiction.

MINUCHER vs. CA
IF THE ACTS GIVING RISE TO A SUIT ARE THOSE OF A
FOREIGN GOVERNMENT DONE BY ITS FOREIGN AGENT,
ALTHOUGH NOT NECESSARILY A DIPLOMATIC
PERSONAGE, BUT ACTING IN HIS OFFICIAL CAPACITY,
THE COMPLAINT COULD BE BARRED BY THE IMMUNITY
OF THE FOREIGN SOVEREIGN FROM SUIT WITHOUT ITS
CONSENT.
PHILIPPINE TOURISM AUTHORITY vs. PGDE
The application of state immunity is proper only when
the proceedings arise out of sovereign transactions and
not in cases of commercial activities or economic
affairs.
SSS VS. COURT OF APPEALS
SSS' own organic act specifically provides that it can sue
and be sued in Court. These words "sue and be sued"
embrace all civil process incident to a legal action. So
that, even assuming that the SSS, as it claims, enjoys
immunity from suit as an entity performing
governmental functions, by virtue of the explicit
provision of the aforecited enabling law, the
Government must be deemed to have waived immunity
in respect of the SSS, although it does not thereby
concede its liability.
BUREAU OF PRINTING VS. THE BUREAU OF PRINTING
EMPLOYEES ASSOCIATION (NLU)
The Bureau of Printing is an office of the Government
created by the Administrative Code of 1916. Indeed, as
an office of the Government, without any corporate or
juridical personality, the Bureau of Printing cannot be
sued. Any suit, action or proceeding against it, if it were
to produce any effect, would actually be a suit, action or
proceeding against the Government itself, and the rule
is settled that the Government cannot be sued without
its consent, much less over its objection.
DEPARTMENT OF AGRICULTURE VS. NLRC
Where the State gives its consent to be sued by private
parties either by general or special law, it may limit

POLITICAL LAW 11
Zaira Gem
claimant's action "only up to the completion of
proceedings anterior to the stage of execution" and that
the power of the Courts ends when the judgment is
rendered, since government funds and properties may
not be seized under writs of execution or garnishment
to satisfy such judgments, is based on obvious
considerations of public policy. Disbursements of public
funds must be covered by the correspondent
appropriation as required by law. The functions and
public services rendered by the State cannot be allowed
to be paralyzed or disrupted by the diversion of public
funds from their legitimate and specific objects, as
appropriated by law.
SANDERS vs. VERIDIANO
Acts of public officers in the discharge of their official
duties are covered under the state immunity doctrine.
REPUBLIC VS SANDOVAL
The State's recommendation to indemnify the victims of
a certain case does not amount to waiver of immunity
from suits.
US vs RUIZ
Acts devoted to essential aspects of the state are also
covered under State immunity.
RCBC vs. DE CASTRO
The Philippine Virginia Tobacco Corporation is an
ordinary corporation subject to the Corporation Law,
and has a personality separate and distinct from the
government which owns and controls it. The funds of
the PVTA are not public funds therefore not exempt
from garnishment. When the government enters into
commercial business, it abandons its sovereign capacity
and is to be treated like any other corporation.
MUNICIPALITY OF MAKATI vs. CA
The State's power of eminent domain should be
exercised within the bounds of fair play and justice. In
the case at bar, considering that valuable property has
been taken, the compensation to be paid fixed and the

municipality is in full possession and utilizing the

property for public purpose, for three (3) years, the
Court finds that the municipality has had more than
reasonable time to pay full compensation.
FONTANILLA vs. MALIAMAN
Certain functions and activities, which can be
performed only by the government, are more or less
generally agreed to be "governmental" in character, and
so the State is immune from tort liability. On the other
hand, a service which might as well be provided by a
private corporation, and particularly when it collects
revenues from it, the function is considered a
"proprietary" one, as to which there may be liability for
the torts of agents within the scope of their
employment.
PROOVINCE OF NORTH COTABATO vs. GRP PEACE
PANEL
While there is a clause in the MOA-AD stating that the
provisions thereof inconsistent with the present legal
framework will not be effective until that framework is
amended, the same does not cure its defect. The
inclusion of provisions in the MOA-AD establishing an
associative relationship between the BJE and the
Central Government is, itself, a violation of the
Memorandum of Instructions From The President dated
March 1, 2001, addressed to the government peace
panel. Moreover, as the clause is worded, it virtually
guarantees that the necessary amendments to the
Constitution and the laws will eventually be put in
place. Neither the GRP Peace Panel nor the President
herself is authorized to make such a guarantee.
Upholding such an act would amount to authorizing a
usurpation of the constituent powers vested only in
Congress, a Constitutional Convention, or the people
themselves through the process of initiative, for the
only way that the Executive can ensure the outcome of
the amendment process is through an undue influence
or interference with that process.

POLITICAL LAW 12
Zaira Gem
VI. FUNDAMENTAL POWERS OF THE STATE
Inherent powers of the State
1. Police Power
2. Eminent Domain
3. Power of Taxation
Similarities
1. inherent in the state, without need of express
constitutional grant
2. necessary and indispensable
3. methods by which the state interferes with
private property
4. presupposes equivalent compensation
5. exercised primarily by legislature
Distinctions
1. Police power regulates liberty and property
Eminent domain and taxation affects only
property rights
2. Police power and taxation are exercised only by
government
Eminent domain may be exercised by private
entities
3. Property taken in police power is usually
noxious or intended for noxious purposes and
may be destroyed
In eminent domain and taxation, the property is
wholesome and devoted to public
use/purpose.
4. Compensation in police power is the intangible,
altruistic feeling that the individual has
contributed to the public good;
In eminent domain, it is the full and fair
equivalent of the property taken;
In taxation, it is the protection given and/or
public improvements instituted by
government for
taxes paid.
Limitations
1. Bill of Rights
2. Courts may annul improvident exercise of police
power

Police Power

Power of promoting public welfare by

restraining and regulating the use of
liberty and property.
Most pervasive, least limitable and
most demanding of the three powers.
Justification: salus populi est suprema
lex and sic utere tuo ut alienum non
laedas

Who may exercise

Inherently vested in Legislature
Congress may validly delegate this
power to the President, administrative
bodies and to lawmaking bodies of
LGUs.
LGUs exercise this power under the
general welfare clause
Limitations (test for valid exercise)
Lawful subject: interest of the public;
activity or property sought to be
regulated affects the general welfare; if
it does then the enjoyment of the rights
flowing therefrom may have to yield to
the interest of the greater number.
Lawful means: means employed are
reasonably
necessary
for
the
accomplishment of the purpose and not
unduly oppressive on individuals.
Express grant by law
Within territorial limits (for LGUs except
when exercised to protect water
supply)
Must not be contrary to law
For Municipal Ordinances to be Valid:
(1) Must not contravene the Constitution or the
statute
(2) Must not be unfair or oppressive
(3) Must not be partial or discriminatory
(4) Must not prohibit but may regulate trade
(5) Must not be unreasonable

POLITICAL LAW 13
Zaira Gem
(6) Must be general in application and consistent
with public policy
Power of Eminent Domain (Power of Expropriation)
Jurisdiction
RTC
Who may exercise the power
Congress
By
delegation,
the
President,
administrative bodies, LGUs and even
private enterprises performing public
services
Requisites
(1) Necessity
(2) Private Property, except money and
choses in action
(3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation full and fair
equivalent of the property taken; fair
market value of the property
Judicial Prerogative
Ascertainment of what constitutes just
compensation for property taken in
eminent domain cases is a judicial
prerogative.
Form of Compensation
Paid in money and no other form.
In agrarian reform, payment is allowed
to be made partly in bonds because
under the CARP, we do not deal with
the traditional exercise of the power of
eminent domain; we deal with a
revolutionary kind of expropriation.
Reckoning point of market value of the property
Date of the taking or the filing of the
complaint, whichever comes first.

Principal criterion in determining just

compensation
Character of the land at the time of the
taking
Entitlement of owner to interest
When there is delay in the payment of
just compensation, the owner is
entitled to payment of interest if
claimed; otherwise, interest is deemed
waived;
Interest is 6% per annum, prescribed in
Article 2209 of the CC, NOT 12% per
annum under Central Bank Circular No.
416, latter applies to loans or
forbearances of money, goods or
credits or judgments involving such
loans or forbearance of money, goods
or credits. The kind of interest here is
by way of damages.
In some expropriation cases, the court
imposes 12% damages for delay in
payment which, in effect, makes the
obligation on the part of government
one of forbearance.
Who else may be entitled to just compensation
Owner
Those who have lawful interest
Title to the property
Does not pass until after payment
Right of landowner in case of non-payment of
just compensation
Does not entitle to recover possession
of the expropriated lots
Only to demand payment of the FMV of
the property
Due process of law
Defendant must be
opportunity to be heard

given

an

POLITICAL LAW 14
Zaira Gem
Writ of Possession, ministerial upon:
(1) Filing of complaint for expropriation
sufficient in form and substance
(2) Upon deposit by the government of the
amount equivalent to 15% of the FMV
of the property per current tax
declaration
The plaintiffs right to dismiss the complaint has
always been subject to Court approval and to certain
conditions, because the landowner may have already
suffered damages at the start of the taking.
Right to repurchase or re-acquire the property
Property owners right to repurchase
the property depends upon the
character of the title acquired by the
expropriator: if land is expropriated for
a particular purpose with the condition
that when that purpose is ended or
abandoned, the property shall revert to
the former owner, the former owner
can re-acquire the property.
Lands for socialized housing are to be acquired in the
following order:
(1) Government lands
(2) Alienable lands of the public domain
(3) Unregistered, abandoned or idle lands;
(4) Lands within the declared Areas for Priority
Development, Zonal Improvement Program
sites, Slum Improvement and Resettlement
sites which have not yet been acquired;
(5) BLISS sites which have not yet been acquired;
and
(6) Privately owned lands
The mode of expropriation is subject to 2 conditions:
(1) Resorted to only when the other modes of
acquisition have been exhausted
(2) Parcels owned by small property owners are
exempt from such acquisition
Small property owners:

(1) Owners of residential lots not more than 300

sq. m. in highly urbanized cities and not more
than 800 sq. m. in other urban areas
(2) They do not own residential property other
than the same
Power of Taxation
Who may exercise
Legislature
Local legislative bodies
To a limited extent, the President, when
granted delegated tariff powers
Limitations on the exercise
Due process of law, must not be
confiscatory
Equal protection clause, must be
uniform and equitable
Public purpose
Double taxation
Additional taxes are laid on the same
subject by the same taxing jurisdiction
during the same taxing period and for
the same purpose.
Tax Exemptions
No law granting tax exemption shall be
passed without the concurrence of a
majority of all the Members of
Congress.
Charitable institutions, churches and
parsonages or convents appurtenant
thereto,
mosques,
non-profit
cemeteries, and all lands, buildings and
improvements actually, directly and
exclusively used for religious, charitable
or educational purposes exempt
Revenues and assets of non-stock, nonprofit educational institutions used
actually, directly and exclusively for
educational purposes exempt

POLITICAL LAW 15
Zaira Gem

Proprietary educational institutions

may be exempt subject to limitations
provided by law
Grants, endowments, donations, or
contributions used actually, directly,
and exclusively
for educational
purposes exempt

Police Power vs. Taxation

License fee v. Tax license fee is a
police measure; tax is revenue
measure
Amount collected for a license fee is
limited to the cost of permit and
reasonable police regulation (except
when the license fee is imposed on a
non-useful occupation); amount of tax
may be unlimited provided it is not
confiscatory
License fee is paid for the privilege of
doing something and may be revoked
when public interest so requires; tax is
imposed on persons or property for
revenue
Kinds of license fee
(1) For useful occupation/enterprises
(2) Non-useful
occupation/enterprises
(when used to discourage, it may be a
bit exorbitant)

NY TIMES vs. US
Any system of prior restraint comes to this court bears a
heavy presumption AGAINST its constitutional validity.
The government thus carry a heavy burden of showing
a justification for the imposition of such a restraint.
PHILIPPINE PRESS INSTITUTE, INC. V. COMELEC
To compel print media companies to donate "Comelec
space" amounts to "taking" of private personal property
for public use or purposes. The taking of private
property for public use is, of course, authorized by the
Constitution, but not without payment of "just
compensation" (Article III, Section 9).
No attempt was made to demonstrate that a real and
palpable or urgent necessity for the taking of print
space confronted the Comelec and that Section 2 of
Resolution No. 2772 was itself the only reasonable and
calibrated response to such necessity available to the
Comelec.
TIO vs. VIDEOGRAM REGULATORY BOARD
The public purpose of a tax may legally exist even if the
motive which impelled the legislature to impose the tax
was to favor one industry over another. "It is inherent in
the power to tax that a state be free to select the
subjects of taxation, and it has been repeatedly held
that "inequities which result from a singling out of one
particular class for taxation or exemption infringe no
constitutional limitation'." Taxation has been made the
implement of the state's police power.

STO. TOMAS V. SALAC

ORTIGAS VS. CA
The rule is settled that every statute has in its favor the
presumption of constitutionality. The Court cannot
inquire into the wisdom or expediency of the laws
enacted by the Legislative Department. Hence, in the
absence of a clear and unmistakable case that the
statute is unconstitutional, the Court must uphold its
validity.

A law enacted in the exercise of police power to

regulate or govern certain activities or transactions
could be given retroactive effect and may reasonably
impair vested rights or contracts. Police power
legislation is applicable not only to future contracts, but
equally to those already in existence. Nonimpairment of
contracts or vested rights clauses will have to yield to
the superior and legitimate exercise by the State of
police power to promote the health, morals, peace,

POLITICAL LAW 16
Zaira Gem
education, good order, safety, and general welfare of
the people. Moreover, statutes in exercise of valid
police power must be read into every contract.
CHAVEZ vs. ROMULO
In a number of cases, the SC laid down the test to
determine the validity of a police measure, thus: The
interests of the public generally, as distinguished from
those of a particular class, require the exercise of the
police power; and the means employed are reasonably
necessary for the accomplishment of the purpose and
not unduly oppressive upon individuals.
MMDA vs. BEL-AIR VILLAGE ASSOCIATION
MMDA is not vested with police power. Its functions are
merely administrative in nature.
PROFESSIONAL REGULATION COMMISSION (PRC) vs.
DE GUZMAN
The Professional Regulation Commission, pursuant to
the exercise of its police power, has the authority to
regulate the medical profession.
JMM PROMOTION AND MANAGEMENT, INC. VS. CA
No right is absolute, and the proper regulation of a
profession, calling, business or trade has always been
upheld as a legitimate subject of a valid exercise of the
police power by the State particularly when their
conduct affects either the execution of legitimate
governmental functions, the preservation of the State,
the public health and welfare and public morals.
DELA CRUZ VS. PARAS
It is a general rule that ordinances passed by virtue of
the implied power found in the general welfare clause
must be reasonable, consonant with the general powers
and purposes of the corporation, and not inconsistent
with the laws or policy of the State.

REPUBLIC OF THE PHILIPPINES vs. PHILIPPINE LONG

DISTANCE TELEPHONE COMPANY
The State may, in the exercise of its power to
expropriate, require a public utility to render services in
the general interest, provided just compensation
compensation is paid therefor.
JESUS IS LORD CHRISTIAN SCHOOL FOUNDATION, INC.
vs. MUNICIPALITY (now CITY) OF PASIG
One essential requisite for the exercise of the power of
eminent domain is to prove the mandatory requirement
of a valid and definite offer to the owner of the
property (and its rejection thereof by the latter) before
filing its complaint.
REPUBLIC VS LEGASPI
The power of eminent domain is the ultimate right of
the sovereign power to appropriate any property within
its territorial sovereignty for a public purpose thru a
method that partakes the nature of a compulsory sale.
The fact that property is being utilized by respondents
for their own private purposes is, consequently, not a
valid reason to deny exercise of the right of
expropriation, for as long as the taking is for a public
purpose and just compensation is paid.
NPC VS ILETO
Expropriation cases which do not involve mere liens on
the property in the form of aerial easements, such as
installment of transmission lines, require payment of
just compensation because of the imposition of
additional limitations to the landowners interfering with
the owners right to possess and enjoy their properties.
The determination of just compensation in
expropriation cases is a function addressed to the
discretion of the courts, and may not be usurped by any
other department of the government.

POLITICAL LAW 17
Zaira Gem
FILSTREAM INTERNATIONAL INCORPORATED vs.
COURT OF APPEALS

LBP VS. SANTIAGO

Local government units are not given an unbridled

authority when exercising their power of eminent
domain in pursuit of solutions to these problems, thus,
the exercise by local government units of the power of
eminent domain is not without limitations.

It should also be pointed out, however, that in the more

recent case of Land Bank of the Philippines vs.
Natividad, the Court categorically ruled: "the seizure of
the landholding did not take place on the date of
effectivity of P.D. No. 27 but would take effect on the
payment of just compensation."

LAGCAO vs. LABRA

VII. PRINCIPLES AND STATE POLICES

While we recognize that housing is one of the most

serious social problems of the country, local
government units do not possess unbridled authority to
exercise their power of eminent domain in seeking
solutions to this problem. Thus, the exercise by local
government units of the power of eminent domain is
not absolute.

Preamble
Does not confer rights nor impose duties
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of
the framers
Serves as an aid in the construction of the
Constitution

ESLABAN, JR. vs. DE ONORIO

LAND BANK OF THE PHILIPPINES VS. CA

Republicanism
The Philippines is a democratic and republican
state. Sovereignty resides in the people and all
government authority emanates from them.
Essential features
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers

There is no basis in allowing the opening of a trust

account in behalf of the landowner as compensation for
his property because, as heretofore discussed, Section
16(e) of RA 6657 is very specific that the deposit must
be made only in "cash" or in "LBP bonds".

Purpose
To prevent concentration of authority in one
person or group of persons that might lead to an
irreversible error or abuse in its exercise to the
detriment of republican institutions.

The value of the property must be determined either as

of the date of the taking of the property or the filing of
the complaint, whichever came first.
REPUBLIC (DAR) VS CA and ACIL CORPORATION
Thus Special Agrarian Courts, which are Regional Trial
Courts, are given original and exclusive jurisdiction over
two categories of cases, to wit: (1) "all petitions for the
determination of just compensation to landowners" and
(2) "the prosecution of all criminal offenses under [R.A.
No. 6657]."

LBP v. HONEYCOMB FARMS CORPORATION

The compensation to be paid should not be less than
the market value of the property although the taking
was not done in LBPs traditional exercise of the power
of eminent domain.

Principle of Blending of Powers

Instances when powers are not
confined exclusively within one

POLITICAL LAW 18
Zaira Gem
department but are assigned to or
shared by several departments.
Principle of Checks and Balances
This allows one department to resist
encroachments upon its prerogatives or
to rectify mistakes or excesses
committed by the other departments.
Doctrine of Necessary Implication
Absence of express conferment, the
exercise of the power may be justified
under this doctrine, that the grant of an
express power carries with it all other
powers that may be reasonably inferred
from it.

(4)
(5)

(1)

(2)
A purely justiciable question implies a given right,
legally demandable and enforceable, an act or omission
violative of such right, and a remedy granted and
sanctioned by law for said breach of right.
Political question is a question of policy. It refers to
those questions which, under the Constitution, are to
be decided by the people in their sovereign capacity, or
in regard to which full discretionary authority has been
delegated to the legislative or executive branch of
government. It is concerned with issues dependent
upon wisdom, not legality of particular measure.
Delegation of powers
Potestas delegate non potest delegare
Delegated power constitutes not only a right but
a duty to be performed by the delegate through
the instrumentality of his own judgment and not
through the intervening mind of another.
Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times
of war or national emergency)
(3) Delegation to the people specific provisions
where the people have reserved to themselves
the function of legislation

Referendum: power of the electorate to

approve or reject legislation through an election
called for the purpose; referendum on statutes
and referendum on local law
Plebiscite: electoral process by which an
initiative on the Constitution is approved or
rejected by the people.
Delegation to LGUs
Delegation to Administrative Bodies power of
subordinate legislation
Tests for valid delegation
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 for the delegate to do when it
reaches him except to enforce it.
Sufficient standard test: intended to map out
the boundaries of the delegates authority by
defining the legislative policy and indicting the
circumstances under which it is up be pursued
and effected; the standards usually indicated in
the law delegating legislative power.

The Incorporation Clause

The Philippines renounces war as an instrument
of national policy, adopts the generally
accepted principles of international law as part
of the law of the land, and adheres to the police
of peace, equality, justice, freedom,
cooperation and amity with all nations.
Independent foreign policy and nuclear-free
Philippines
Expiration of Bases Agreement
Renunciation of War
(1) Covenant of the League of Nations
(2) Kellogg-Briad Pact of 1928
(3) Charter of the United Nations
Doctrine of Incorporation our courts have
applied the rules of international law in a
number of cases even of such rules had not
previously been subject of statutory
enactments, because these generally accepted
principles of international law are automatically
part of our own laws.

POLITICAL LAW 19
Zaira Gem

Civilian Supremacy
Civilian authority is, at all times
supreme over the military. The AFP is
the protector of the people and the
State. Its goal is to secure the
sovereignty pf the State and integrity of
the national territory.
Duty of Government; people to defend the State
The prime duty of the Government is to
serve and protect the people.
The Government may call upon the
people to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by
law, to render personal military or civil
service.
The maintenance of peace and order,
the protection of life, liberty and
property, and the promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.
Right to Bear Arms: statutory, not constitutional right.

(3) Section 3(3), Article 14: Optional religious

instruction for public elementary and high
school studies
(4) Section 4(2), Article 14: Filipino ownership
requirement to educational institutions, except
those established by groups and mission boards
Independent Foreign Policy and Nuclear-free Philippines
State shall pursue an independent foreign
policy. In relations with other states, the
paramount consideration shall be national
sovereignty, territorial integrity, national
interest and the right to self-determination.
The Philippines consistent with the national
interest, adopts and pursues a policy of
freedom from nuclear weapons in its
territory.
Just and dynamic social order
State shall promote a just and dynamic social
order that will ensure prosperity and
independence of the nation and free the
people from poverty through policies that
provide adequate social services, promote full
employment, a rising standard of living and an
improved quality of life for all.

Separation of Church and State

Freedom of religion clause
Religious sect cannot be registered as
political party
No sectoral representative from the
religious sector
Prohibition against appropriation for
sectarian benefit

Promotion of Social Justice

Promote social justice in all phases of
national development

Exceptions
(1) Section 28(3), Article 6: Exemption from
taxation
(2) Section 29(2), Article 6: Prohibition against
sectarian benefit, except when priest is
assigned to the armed forces or to any penal
institution or government orphanage or
leprosarium

Family and Youth

The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary
right and duty of parents in the rearing of the
youth for civic efficiency and the development of

Respect for human dignity and human rights

State values the dignity of every human
person and guarantees full respect for
human rights.

POLITICAL LAW 20
Zaira Gem

moral character shall receive support of the

Government.
The State recognizes the vital role of the youth in
nation-building and shall promote and protect
their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs.

Fundamental equality of men and women

State recognizes the role of women in nationbuilding and shall ensure the fundamental
equality before the law of men and women.
Promotion of health and ecology
State shall protect and promote the right to
health of the people and instill health
consciousness among them.
The State shall protect and advance the right of
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
Priority to education, science, technology, etc.
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.
Protection to Labor
State affirms labor as a primary social economic
force. It shall protect the rights or workers and
promote their welfare.
Self-reliant and independent economic order
State shall develop a self-reliant and independent
national economy effectively controlled by
Filipinos.
The State recognizes the indispensable role of the
private sector, encourages private enterprise, and
provide incentives to needed investments.
Land reform

State shall promote comprehensive rural

development and agrarian reform.
Indigenous cultural communities
State recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.
Independent peoples organizations
State shall encourage non-governmental,
community-based, or sectoral organizations
that promote the welfare of the nation.
Communication and information in nation-building
State recognizes the vital role of
communication and information in nationbuilding.
Autonomy of local governments
State shall ensure the autonomy of local
governments.
Decentralization and does not make the local
governments sovereign within the State or an
imperium in imperio.
Decentralization of administration: delegation
of administrative powers to the LGU in order
to broaden the base of governmental powers.
Decentralization of power: abdication by the
national government of governmental powers.
Equal access of opportunities for public service
State shall guarantee equal access of
opportunities for public service and prohibit
political dynasties as may be defined by law.
Honest public service and full public disclosure
State shall maintain honesty and integrity in
the public service and take positive and
effective measures against graft and
corruption.
State adopts and implements a policy of full
public disclosure of all its transactions involving
public interest.

POLITICAL LAW 21
Zaira Gem

VILLAVICENCIO VS LUKBAN
"The law," said Justice Miller, delivering the opinion of
the Supreme Court of the United States, "is the only
supreme power in our system of government, and
every man who by accepting office participates in its
functions is only the more strongly bound to submit
to that supremacy, and to observe the limitations
which it imposes upon the exercise of the authority
which it gives."
(1) The Government of the Philippine Islands is a
government of laws and not of men.
(2) No official, however high, is above the law.
(3) The courts are the forum which functionate to
safeguard individual liberty and to punish official
transgressors.
Government of Laws. Law defines power. Centuries
ago Magna Charta decreed that "No freeman shall
be taken, or imprisoned, or be disseized of his
freehold, or liberties, or free customs, or be outlawed,
or exiled, or any other wise destroyed; nor will we
pass upon him nor condemn him, but by lawful
judgment of his peers or by the law of the land. We
will sell to no man, we will not deny or defer to any
man either justice or right." (Magna Charta, 9 Hen.,
111, 1225, Cap. 29; 1 eng. stat. at Large, 7.) No
official, no matter how high, is above the law. The
courts are the forum which functionate to safeguard
individual liberty and to punish official transgressors.
"The law," said Justice Miller, delivering the opinion of
the Supreme Court of the United States, "is the only
supreme power in our system of government, and
every man who by accepting office participates in its
functions is only the more strongly bound to submit
to that supremacy, and to observe the limitations
which it imposes upon the exercise of the authority
which it gives." (U.S. vs. Lee [1882], 106 U.S., 196,
220.) "The very idea," said Justice Matthews of the
same high tribunal in another case, "that one man

may be compelled to hold his life, or the means of

living, or any material right essential to the enjoyment
of life, at the mere will of another, seems to be
intolerable in any country where freedom prevails, as
being the essence of slavery itself."
TUASON VS REGISTER OF DEEDS OF CALOOCAN CITY
The decree reveals that Mr. Marcos exercised an
obviously judicial function. He made a determination of
facts, and applied the law to those facts, declaring what
the legal rights of the parties were in the premises.
These acts essentially constitute a judicial function, 10
or an exercise of jurisdiction which is the power and
authority to hear or try and decide or determine a
cause.
ANGARA VS ELECTORAL COMMISSION
The separation of powers is a fundamental principle in
our system of government. It obtains not through
express provision but by actual division in our
Constitution. Each department of the government has
exclusive cognizance of matters within its jurisdiction,
and is supreme within its own sphere. But it does not
follow from the fact that the three powers are to be
kept separate and distinct that the Constitution
intended them to be absolutely unrestrained and
independent of each other. The Constitution has
provided for an elaborate system of checks and
balances to secure coordination in the workings of the
various departments of the government.
WHAT IS MEANT BY "JUDICIAL SUPREMACY". The
Constitution is a definition of the powers of
government. Who is to determine the nature, scope
and extent of such powers? The Constitution itself has
provided for the instrumentality of the judiciary as the
rational way. And when the judiciary mediates to
allocate constitutional boundaries, it does not assert
any superiority over the other departments; it does not
in reality nullify or invalidate an act of the Legislature,
but only asserts the solemn and sacred obligation
assigned to it by the Constitution to determine

POLITICAL LAW 22
Zaira Gem
conflicting claims of authority under the Constitution
and to establish for the parties in an actual controversy
the rights which that instrument secures and
guarantees to them. This is in truth all that is involved in
what is termed "judicial supremacy" which properly is
the power of judicial review under the Constitution.
SYSTEM ITSELF NOT THE CHIEF PALLADIUM OF
CONSTITUTIONAL LIBERTY; SUCCESS MUST BE TESTED
IN THE CRUCIBLE OF FILIPINO MINDS AND HEARTS.
But much as we might postulate on the internal checks
of power provided in our Constitution, it ought not the
less to be remembered that, in the language of James
Madison, the system itself is not "the chief palladium of
constitutional liberty . . . the people who are authors of
this blessing must also be its guardians . . . their eyes
must be ever ready to mark, their voice to pronounce . .
. aggression on the authority of their constitution." In
the last and ultimate analysis, then, must the success of
our government in the unfolding years to come be
tested in the crucible of Filipino minds and hearts than
in the consultation rooms and court chambers.
MARCOS vs MANGLAPUS
The request or demand of the Marcoses to be allowed
to return to the Philippines cannot be considered in the
light solely of the constitutional provisions guaranteeing
liberty of abode and the right to travel, subject to
certain exceptions, or of case law which clearly never
contemplated situations even remotely similar to the
present one. It must be treated as a matter that is
appropriately addressed to those residual unstated
powers of the President which are implicit in and
correlative to the paramount duty residing in that office
to safeguard and protect general welfare; The right to
return to one's country is not among the rights
specifically guaranteed in the Bill of Rights, which treats
only of the liberty of abode and the right to travel.
CASIBANG vs AQUINO
A purely justiciable question implies a given right,
legally demandable and enforceable, an act or omission

violative of such right, and a remedy granted and

sanctioned by law for said breach of right.
GARCIA vs EXECUTIVE SECRETARY
The President is authorized by the Congress to fix tariff
rates and other duties and imposts; The Tariff and
Customs Code establishes the general standards with
which the exercise of the authority delegated by that
provision to the President must be consistent: that
authority must be exercised in "the interest of national
economy, general welfare and/or national security."
ARANETA VS DINGLASAN
Emergency, in order to justify the delegation of
emergency powers, must be temporary or it cannot be
said to be an emergency.
CHONGBIAN VS. ORBOS
While the power to merge administrative regions is not
expressly provided for in the Constitution, it is a power
which has traditionally been lodged with the President
to facilitate the exercise of the power of general
supervision over local governments. A legislative
standard need not be expressed. It may simply be
gathered or implied. 10 Nor need it be found in the law
challenged because it may be embodied in other
statutes on the same subjects as that of the challenged
legislation.
KUROSAWA VA JALANDONI
International rules and principles, form part of the law
of our nation even if the Philippines was not a signatory
to the conventions embodying them, for our
Constitution has been deliberately general and
extensive in its scope and is not confined to the
recognition of rules and principles of international law
as contained in treaties to which our government may
have been or shall be a signatory.
SECRETARY OF JUSTICE V. LANTION

POLITICAL LAW 23
Zaira Gem

The fact that international law has been made part of

the law of the land does not pertain to or imply the
primacy of international law over national or municipal
law in the municipal sphere. Accordingly, the principle
lex posterior derogat priori takes effect a treaty may
repeal a statute and a statute may repeal a treaty. In
states where the constitution is the highest law of the
land, such as the Republic of the Philippines, both
statutes and treaties may be invalidated if they are in
conflict with the constitution.
ALIH, ET AL. V. GEN. GASTRO, ET AL.
Respondents defied the precept that "civilian authority
is at all times supreme over the military" so clearly
proclaimed in the 1973 Constitution. In the instant case,
the respondents simply by-passed the civil courts, which
had the authority to determine whether or not there
was probable cause to search the petitioner's premises.

made to prevail over authority because then society will

fall into anarchy. Neither should authority be made to
prevail over liberty because then the individual will fall
into slavery. The citizen should achieve the required
balance of liberty and authority in his mind through
education and, personal discipline, so that there may be
established the resultant equilibrium, which means
peace and order and happiness for all. The moment
greater authority is conferred upon the government,
logically so much is withdrawn from the residuum of
liberty which resides in the people. The paradox lies in
the fact that the apparent curtailment of liberty is
precisely the very means of insuring its preservation.
POSTIGO VS PHILIPPINE TUBERCULOSIS SOCIETY, INC.
(PTSI)

Sections 2, 7, and 8 of the Declaration of Principles and

State Policies betray a marked antipathy towards
foreign military presence in the country, or of foreign
influence in general. Hence, foreign troops are allowed
entry into the Philippines only by way of direct
exception.

No provision in R.A. No. 7641 justifies the exclusion of

employees in the public sector, who are already
enjoying retirement benefits under the GSIS law, from
the New Retirement Law. Section 2 of R.A. No. 7641
provides that nothing in this Act shall deprive any
employee of benefits to which he may be entitled under
existing laws or company policies or practices. (In this
case, there was no mention of anything on the 1987
Constitutions Principles and State Policies. But
considering that the main issue of the case involves
labor, the case is a reflection of Sections 9, 10 and 18 of
Art. II of the Constitution.)

CALALANG VS WILLIAMS

PT&T vs. NLRC

Social justice is not to be achieved through a mistaken

sympathy towards any given group. Social justice is
neither communism, nor despotism, nor atomism,
nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the State
so that justice in its rational and objectively secular
conception may at least be approximated.

The Constitution, cognizant of the disparity in rights

between men and women in almost all phases of social
and political life, provides a gamut of protective
provisions. To cite a few of the primordial ones, Section
14, Article II on the Declaration of Principles and State
Policies, expressly recognizes the role of women in
nation-building and commands the State to ensure, at
all times, the fundamental equality before the law of
women and men. Corollary thereto, Section 3 of Article
XIII (the progenitor whereof dates back to both the
1935 and 1973 Constitution) pointedly requires the
State to afford full protection to labor and to promote

LIM V. EXECUTIVE SECRETARY

FORMULA FOR CONSTITUTIONAL HARMONY -To this fundamental aim of our Government the rights
of the individual are subordinated. Liberty is a blessing
without which life is a misery, but liberty should not be

POLITICAL LAW 24
Zaira Gem
full employment and equality of employment
opportunities for all, including an assurance of
entitlement to tenurial security of all workers. Similarly,
Section 14 of Article XIII mandates that the State shall
protect working women through provisions for
opportunities that would enable them to reach their full
potential.
OPOSA VS. FACTORAN
While the right to a balanced and healthful ecology is to
be found under the Declaration of Principles and State
Policies and not under the Bill of Rights, it does not
follow that it is less important than any of the civil and
political rights enumerated in the latter. Such a right
belongs to a different category of rights altogether for it
concerns nothing less than self-preservation and selfperpetuation aptly and fittingly stressed by the
petitioners the advancement of which may even be
said to predate all governments and constitutions. As a
matter of fact, these basic rights need not even be
written in the Constitution for they are assumed to exist
from the inception of humankind. If they are now
explicitly mentioned in the fundamental charter, it is
because of the well-founded fear of its framers that
unless the rights to a balanced and healthful ecology
and to health are mandated as state policies by the
Constitution itself, thereby highlighting their continuing
importance and imposing upon the state a solemn
obligation to preserve the first and protect and advance
the second, the day would not be too far when all else
would be lost not only for the present generation, but
also for those to come generations which stand to
inherit nothing but parched earth incapable of
sustaining life.

Constitution, No person shall be deprived of life,

liberty, or property without due process of law, nor
shall any person be denied equal protection of the laws.
PHILILIPPINES ASSOCIATION OF SERVICE EXPORTERS v.
DRILON
That it does not apply to all Filipina workers is not an
argument of unconstitutionality. Not all of them are
similarly situated. What the constitution prohibits is the
singling out of a select person or group within an
existing class to the prejudice of such a person or group
resulting in an unfair advantage to another person or
group.
BASCO. VS. PAGCOR
Local autonomy under the 1987 Constitution simply
means decentralization, and does not make local
governments sovereign within the State or an imperium
in imperio.
PAMATONG VS. COMELEC
Equal access of opportunities for public service
under Sec. 26 Art. II does not bestow a constitutional
right to run for or hold public office nor elevates the
privilege to the level of an enforceable right.
VALENTIN L. LEGASPI vs. CIVIL SERVICE COMMISSION
Civil service eligibilities of employees who claim to be
civil service eligibles are matters of public concern.
People have the right to access these info.
MA. CARMEN G. AQUINO-SARMIENTO vs. MANUEL L.
MORATO

VILLAR vs. TIP

ACADEMIC FREEDOM JUSTIFIES THE EXCLUSION OF
PETITIONERS WHO HAVE SEVERAL FAILING GRADES.
SORIAO VS. PINEDA
The Constitution which granted petitioner the right of
education, he may only deprived of such right with due
process of law as stated in Art. III, Sec. 1 of the 1987

There's no invasion of privacy of information if what is

sought to be divulged is a product of action undertaken
in the course of performing official functions.

POLITICAL LAW 25
Zaira Gem
VIII. BILL OF RIGHTS
Definition
Set of prescriptions setting forth the fundamental
civil and political rights of the individual, and
imposing limitations on the powers of
government.
Generally, any government action in violation of
the Bill of Rights is void.
Generally self-executing.
Civil Rights
Right that belong to every citizen of the state or
country and are not connected with the
organization or administration of government.
Political Rights
Right to participate, directly or indirectly, in the
establishment or administration of government.
Due Process of Law: No person shall be deprived of life,
liberty or property without due process of law
Definition
A law which hears before it condemns,
which proceeds upon inquiry and
renders judgment only after trial.
Who are protected
Universal in application to all persons
Artificial persons are covered by the protection
only insofar as their property is concerned
Guarantee extends to aliens and includes the
means of livelihood
Meaning of life, liberty and property
Life: right of an individual to his body in its
completeness, free from dismemberment and
extends to the use of God-given faculties which
makes life enjoyable
Liberty: the right to exist and the right to be free
from arbitrary personal restraint or servitude;
includes the right to be free to use his faculties in
all lawful ways

Property: anything that can come under the right

of ownership and can be subject of contract; the
right to secure, use and dispose them.
Aspects of due process
Substantive restriction on governments lawand rule-making powers
Requisites:
1. interest of the public
2. means employed are reasonably necessary
for the accomplishment of the purpose
and not unduly oppressive on
individuals
2. Procedural restriction on actions of judicial
and quasi-judicial agencies of government
Requisites:
1. impartial court or tribunal clothed with
judicial power to hear and determine
the matter before it
2. jurisdiction must be lawfully acquired over
the person of the defendant and over
the property which is the subject
matter of the proceeding
3. the defendant must be given an
opportunity to be heard
4. judgment must be rendered upon lawful
hearing
1.

Publication as part of due process

Publication is imperative to the validity of
laws, PDs and Eos, administrative rules
and regulation and is an indispensable
part of due process.
Appeal and due process
Appeal is not a natural right nor is it part
of due process; it may be allowed or
denied by legislature in its discretion.
But where the Constitution gives a person
the right to appeal, denial of such
constitutes a violation of due process.
Preliminary investigation and due process

POLITICAL LAW 26
Zaira Gem

Right to preliminary investigation is not

a constitutional right, but it is merely a
right conferred by statute.
But where there is a statutory grant of
the right to preliminary investigation,
denial of such constitutes a violation of
due process.

Administrative due process

Requisites
(1) Right to a hearing, includes the right to
present ones case and submit evidence in
support thereof;
(2) Tribunal must consider the evidence
presented;
(3) Decision must have something to support
itself;
(4) Evidence must be substantial;
(5) Decision must be rendered on the evidence
presented or at least contained in the
records and disclosed to the parties;
(6) Tribunal or any of its judges must act on its
own or his own independent consideration
of the facts and the law of the controversy,
and not simply accept the views of a
subordinate in arriving at a decision; and
(7) The board or body should, in all controversial
questions, render its decision in such a
manner that the parties to the proceeding will
know the various issues involved, and the
reason for the decision.
Equal Protection of the Laws
Meaning
All persons or things similarly situated
should be treated alike, both as to
rights conferred and responsibilities
imposed.
Natural and juridical persons are
entitled to this guarantee.
With respect to juridical persons, they
enjoy the protection only insofar as
their property is concerned.

Scope of Equality
Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino
citizens
(3) Reduction of social, economic and
political inequalities
Political
(1) Free access to courts
(2) Bona fide candidates being free
from harassment/discrimination
(3) Reduction of social, economic and
political inequalities
Social
Valid Classification
(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
Searches and Seizures
Scope
Available to all persons, including aliens,
whether accused of a crime or not.
Artificial persons are also entitled to the
guarantee, although they may be required to
open their books of accounts for examination
by the State in the exercise of police and
taxing powers.
Right is personal
Objection must be raised before the accused
enters his plea
Procedural Rules
1. warrantless arrest is not a jurisdictional defect
and any objection thereto is waived when the
person arrested submits to arraignment
without any objection;
2. where a criminal case is pending, the Court
wherein it is filed, or the assigned branch, has
primary jurisdiction to issue the search warrant;

POLITICAL LAW 27
Zaira Gem
3. where no criminal case has been filed, the
executive judges or their lawful substitutes, in
the areas and for the offense contemplated
shall have primary jurisdiction;
4. moment the information is filed with the RTC, it is
that court which must issue the warrant of
arrest;
5. the judge may order the quashal of a warrant he
issued even after the same had already been
implemented, particularly when such quashal is
based on the finding that there is no offense
committed items seized shall be inadmissible
in evidence
Only a judge may issue a warrant
Exception: order of arrest may be issued
by administrative authorities but only for
the purpose of carrying out a final
finding of a violation of law, e.g. an order
of deportation or an order of contempt
but not for the sole purpose of
investigation or prosecution.
Requisites for 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
The judge shall
(1) Personally evaluate the report and the
supporting documents submitted by the fiscal
regarding the existence of probable cause and,
on the basis thereof, issue a warrant of arrest;
or
(2) If on the basis thereof, he finds no probable
cause, he may disregard the prosecutors report
band require the submission of supporting
affidavits of witnesses.
Principles:

(1) The determination of probable cause is a

function of the judge
(2) The preliminary inquiry made by the prosecutor
does not bind the judge, as it is the report,
affidavits, the transcript of stenographic notes
and all other supporting documents behind the
prosecutors certification which are material in
assisting the judge in his determination of
probable cause
(3) Judges and prosecutors should distinguish the
preliminary inquiry which determines probable
cause for the issuance of the warrant of arrest
from the preliminary investigation proper which
ascertains whether the offender should be held
for trial or be released
(4) Only a judge may issue a warrant of arrest
Judge himself conducts the preliminary investigation,
for him to issue a warrant of arrest, the investigating
judge must:
(1) Have examined, under oath, the complainant
and the witnesses;
(2) Be satisfied that there is probable cause; and
(3) That there is a need to place the respondent
under immediate custody in order not to
frustrate the ends of justice
Particularity of Description:
(1) Readily identify the properties to be seized and
thus prevent them from seizing the wrong
items; and
(2) Leave peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and seizures.
Warrant of Arrest particularly describe the person to
be seized if it contains the name/s of the person/s to be
seized.
John Doe warrant descriptio persona
Search Warrant description is as specific as the
circumstances will ordinarily allow or when description
expresses a conclusion of fact (not of law) by which the
warrant officer may be guided in making the search; or

POLITICAL LAW 28
Zaira Gem
when the things described are limited to those which
bear direct relation to the offense for which the warrant
is being issued.
Properties Subject of Seizure:
(1) Subject of the offense
(2) Stolen or embezzled property and other
proceeds or fruits of the offense; and
(3) Property used or intended to be used as means
for the commission of an offense
Conduct of the Search
(1) Lawful occupant
(2) Any member of his family
(3) 2 witnesses, of sufficient age and discretion,
residing in the same locality
Warrantless arrests by a peace officer or a private
person:
(1) When the person to be arrested has committed,
Warrantless Searches
(1) When the right is voluntarily waived;
(2) When there is a valid reason to stop-and-frisk;
(3) Where the search (and seizure) is an incident to
a lawful arrest;
(4) Search of vessels and aircrafts;
(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; and
(9) Conduct of areal target zoning or saturation
drive/s as valid exercise of military powers of
the President (Guanzon vs. de Villa)
is actually committing or is attempting to
commit an offense in his presence;
(2) When the offense had just been committed and
there is probable cause to believe, based on his
personal knowledge of facts and of other
circumstances, that the person to be arrested
has committed the offense;

(3) When the person to be arrested is a prisoner

who has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from
one confinement to another; and
(4) When the right is voluntarily waived.
Buy-bust operation is a valid in flagrante arrest.
In flagrante arrests:
(1) The person to be arrested must execute an
overt act indicating that he had just committed,
is actually committing, or is attempting to
commit a crime; and
(2) Such overt act is done in the presence or within
the view of the arresting officer.
In (2):
(1) there must be immediacy between the time the
offense is committed and the time of the arrest.
If there was an appreciable lapse of time
between the arrest and the commission of the
crime, a warrant of arrest must be secured and
(2) the person making the arrest has personal
knowledge of certain facts indicating that the
person to be taken into custody has committed
the crime.
Question the validity of the arrest before entering plea;
failure to do so would constitute a waiver of his right
against unlawful restraint of his liberty. However,
waiver is limited to the illegal arrest. It does not extend
to the search made as an incident thereto, or to the
subsequent seizure if evidence allegedly found during
the search.

Valid Waiver of Constitutional Right

(1) Right exists
(2) That the person involved had knowledge, either
actual or constructive of the existence of such
right; and

POLITICAL LAW 29
Zaira Gem
(3) That the person had an actual intention to
relinquish the right.
Searches of Passengers at Airports
- When the accused checked in his luggage as a
passenger of a plane, he agreed to the
inspection of his luggage in accordance with
customs laws and regulations, and thus waived
any objection to a warrantless search.
- Search made pursuant to routine airport
security is allowed under RA 6235, which
provides that every airline ticket shall contain a
condition that hand-carried luggage, etc., shall
be subject to search, and this condition shall
form part of the contract between the
passenger and the air carrier.
Stop and Frisk
- Vernacular designation of the right of a police
officer to stop a citizen on the street,
interrogate him and pat him for weapons
whenever he observes unusual conduct which
leads him to conclude that criminal activity may
be afoot.
- Requisites:
1. police officer should properly introduce
himself and make initial inquiries
2. approach and restrain a person who
manifests unusual and suspicious
conduct in order to check the latters
outer clothing for possible concealed
weapon
3. must have a genuine reason, in
accordance with experience and the
surrounding conditions, to warrant the
belief that the person to be held has
weapons or contraband concealed
about him
4. search and seizure should precede the
arrest
Exception: People vs. Sucro warrantless
search and seizure can be made
without
necessarily being preceded by an arrest provided that

the said
search is effected on the basis of
probable cause.
-

People vs. Chua Ho San: contemporaneous search

of a person arrested may be effected for
dangerous weapons or proofs or implements used
in the commission of the crime and which search
may extend to the area within his immediate
control where he might gain possession of a
weapon or evidence he can destroy, a valid arrest
must preceded a search.

Where the search (and seizure) is an incident to a lawful

arrest;
- Search must be contemporaneous to arrest and
made within a permissible area of search.
- Requisites:
1. arresting officer must have probable cause in
effecting the arrest; and
2. probable cause must be based on reasonable
ground of suspicion or belief that a crime has
been committed or is about to be committed.
Permissible area of search
- may extend beyond the person of the one
arrested to include the premises or
surroundings under his immediate control.
Seizure of allegedly pornographic material
(1) criminal charge must be brought against the
person/s for purveying the pornographic
material/s;
(2) application for a search and seizure warrant
obtained from a judge (who shall determine the
existence of probable cause);
(3) material confiscated brought to the court in the
prosecution of the accused for the crime
charged;
(4) court will determine whether the confiscated
items are really pornographic; and
(5) judgment of acquittal or conviction rendered by
the court accordingly

POLITICAL LAW 30
Zaira Gem
Fishing vessel found to be violating fishery laws may be
seized without a warrant:
(1) usually equipped with powerful motors that
enable them to elude pursuit and
(2) seizure would be incident to a lawful arrest
Search of moving vehicles
- justified on the ground that it is not practicable
to secure a warrant because the vehicle can be
moved quickly out of the locality or jurisdiction
in which the warrant may be sought.
- Prevent violations of smuggling or immigration
laws, provided that such searches are made at
borders or constructive borders (e.g.
checkpoints near the boundary lines of the
state).
Stop and search without a warrant at a military or
police checkpoints
- Not illegal per se so long as it is required by the
exigencies of public order and conducted in a
way least intrusive to motorists. (Valmonte vs.
de Villa)
Checkpoint Search
(1) Mere routine inspection: the search is normally
permissible when it is limited to a mere visual
search, where the occupants are not subjected
to a physical or body search.
(2) Extensive search: constitutionally permissible if
the officers conducting the search had
reasonable or probable cause to believe, before
the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to
be searched.
Inspection of buildings and other premises for the
enforcement of fire, sanitary and building regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours
Prohibited articles are in plain view

Objects in plain view of the officer who has the

right to be in the position to have that view.
Police officer is not searching but inadvertently
comes upon an incriminating object.
Requisites:
(1) Prior valid intrusion based on a valid
warrantless arrest in which the police
are legally present in the pursuit of
their official duties;
(2) Evidence was inadvertently discovered
by the police who have the right to be
where they are;
(3) Evidence must be immediately
apparent; and
(4) Plain view justified the seizure of the
evidence without any further search.

Plain View
- Object is plainly exposed to sight.
- Where the object seized is inside a closed
package, the object is not in plain view and,
therefore, cannot be seized without a warrant.
- Package proclaims its contents transparency,
distinctive configuration or contents are
obvious to an observer.
- People vs. Salanguit: once the valid portion of
the search warrant has been executed, the
plain view doctrine can no longer provide any
basis for admitting the other items
subsequently found (marijuana was also
wrapped in newspaper which was not
transparent.warrant for shabu and drug
paraphernalia, found the shabu first)
- Doctrine is not an exception to the warrant. It
serves to supplement the prior justification. It is
a recognition that of the fact that when
executing police officers come across
immediately incriminating evidence not covered
by the warrant, they should not be required to
close their eyes to it, regardless of whether it is
evidence of the crime they are investigating or
evidence of some other crime. It would be
needless to require the police to obtain another
warrant.

POLITICAL LAW 31
Zaira Gem

Immediately apparent test

- Does not require an unduly high degree of
certainty.
- Requires merely that the seizure be
presumptively reasonable assuming that there
is probable cause to associate the property with
criminal activity.
- Nexus exists between the viewed object and
the criminal activity.
Exclusionary Rule: Evidence obtained in violation of
Section 2, Article 3 shall be inadmissible for any purpose
in any proceeding because it is the fruit of the
poisoned tree.
- Property illegally seized may be used in
evidence in the case filed against the officer
responsible for the illegal seizure.
Privacy of Communications and Correspondence
- The
privacy
of
communication
and
correspondence shall be inviolable EXCEPT
upon lawful order of the court OR when public
safety or order requires otherwise as prescribed
by law.
- Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.
Inviolability
- Exceptions:
(1) Lawful order of the court;
(2) Public safety or order requires
otherwise, as may be provided
by law.
- Includes tangible and intangible objects.
- RA 4200: illegal for any person not
authorized by all the parties to any
private communication, to secretly
record such communications by means
of a tape recorder. Telephone extension
was not among the devices covered by
this law.

Freedom of Expression
- No law shall be passed abridging the freedom of
speech, of expression nor of the press, or the
right of the people peaceably to assemble and
petition the government for redress of
grievances.
- Scope: Any and all modes of expression.
Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even
restriction of circulation constitutes
censorship.
- Section 11 (b), RA 66461: legitimate
exercise of the police power of the State
to regulate media or communication and
information for the purpose of ensuring
equal opportunity, time and space for
political campaigns. Unrelated to
suppression of speech as it is only
incidental and no more than is necessary
to achieve the purpose of achieving the
purpose of promoting equality.
- Movie censorship: movie, compared to
other media of expression, have a greater
capacity for evil and must, therefore, be
subjected to a greater degree of
regulation.
- Power of MTRCB can be exercised only
for purposes of classification not
censorship.
- Primacy of freedom of expression over
Enriles right to privacy because Enrile
was a public figure and a public figures
right to privacy is narrower than that of
an ordinary citizen. (Ayer Productions vs.
Judge Capulong)
- Board of Review for Motion Pictures and
Television (BRMPT) X-rating when the
program would create a clear and present

Prohibited any person making use of the media to sell or to

give free of charge print space or air time for campaign or
other political purposes except to the COMELEC.

POLITICAL LAW 32
Zaira Gem
danger of an evil which the State has the
right to prevent. (Inglesi ni Cristo vs. CA)
- No law prohibiting the holding and
reporting of exit poll. (ABS-CBN
Broadcasting Corporation vs. COMELEC)
- Test for the validity of government
regulation, valid if (OBrien Test):
1. within the constitutional power of
government;
2. furthers an important or substantial
government interest;
3. government interest is unrelated to the
suppression of free expression; and
4. incidental restriction on the freedom is
no greater than is essential to the
furtherance of that interest.
- Overbreadth
Doctrine:
prohibits
government from achieving its purpose
by means that sweep unnecessarily
broadly,
reaching
constitutionally
protected as well as unprotected
activity.
(2) Freedom from subsequent punishment
- Without this assurance, the individual would
hesitate to speak for fear that he might be
held accountable for his speech, or that he
might be provoking the vengeance of the
officials he may have criticized.
- Not absolute and may be properly regulated
in the interest of the public.
- State may validly impose penal and/or
administrative sanctions, such as:
1. Libel
- Public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or
any act, omission, condition, status or
circumstance tending to cause the
dishonor, discredit or contempt of a
natural or juridical person, or to blacken
the memory of one who is dead.
- Oral defamation is called slander.
- Every defamatory imputation is presumed
to be malicious.
Exceptions:

1. a private communication made by any

person to another in the performance of
any legal, moral or social duty; and
2. 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 of any act performed by
public officers in the exercise if their
functions.
- Public has the right to be informed on the
mental, moral and physical fitness of
candidates for public officer. The rule
applies only to fair comments on matters
of public interest, fair comment being
that which is true, or if false, expresses
the real opinion of the author based upon
reasonable degree of care and on
reasonable grounds.
2. Obscenity
- Determination of what is obscene is a
judicial function.
3. Criticism of official conduct
- US vs. Bustos: individual is given the widest
latitude in criticism of official conduct.
- Publication that tends to impede,
embarrass or obstruct the court and
constitutes a clear and present danger to
the administration of justice is not
protected by the guarantee of press
freedom and punishable by contempt. It is
not necessary to show that the publication
actually obstructs the administration of
justice; it is enough that it tends to do so.
- Freedom of press is subordinate to the
decision,
authority,
integrity
and
independence of the judiciary and the
proper administration of justice.
4. Right of students to free speech in school
premises not absolute
- Campus Journalism Act provides that a
student shall not be expelled or suspended

POLITICAL LAW 33
Zaira Gem

solely on the basis of articles he or she has

written, the same should not infringe on
the schools right to discipline its students.
The 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 or invasion of rights of
others.

Test of valid government 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 danger that they will bring
about the substantive evils that the State has
the right to prevent.
- The substantive evil must be extremely serious
and the degree of imminence extremely high
before utterances can be punished.
- Rule: the danger created must not only be clear
and present but also traceable to the ideas
expressed.
- clear: seems to point to a causal connection
with the danger of the substantive evil arising
from the utterance questioned
- present refers to the time element, identified
with imminent and immediate danger
- The danger must not only be probable, but very
likely inevitable.
(2) Dangerous Tendency Rule
- Words uttered create a dangerous tendency of
an evil which the State has the right to
prevent, then such words are punishable.
- Sufficient if the natural tendency and the
probable effect of the utterance were to
bring about the substantive evil that the
legislative body seeks to prevent.
(3) 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
abridgment of speech, the duty of the courts
is to determine which of the two conflicting

interests demands the greater protection

under the particular circumstances presented.
- Requires a court to take conscious and
detailed consideration of the interplay of
interests observable in a given situation.
Assembly and Petition
- Right to assemble is not subject to prior restraint.
- It may not be conditioned upon prior issuance of a
permit or authorization from government
authorities.
- It must be exercised in such a way as will not
prejudice the public welfare.
- PUBLIC PLACE: permit for the use of such place,
and not for the assembly itself, may be validly
required. The power of local officials is merely
one of regulation.
- Permit to hold public assembly shall not be
necessary where the meeting is to be held in a
PRIVATE PLACE.
Public Assembly Act: a permit shall not be
necessary where the meeting is to be held in a
private place, in the campus of the governmentowned or operated educational institution, or
in a freedom park.
Where permit is required, written application
shall be filed with the mayors office at least 5
days before the scheduled meeting and shall be
acted upon within 2 days. Otherwise, permit
shall be deemed granted.
Denial shall be justified only upon clear and
convincing evidence that the public assembly
will create a cleat and present danger to public
order, safety, convenience, morals and health.
Action shall be communicated within 24 hours
to the applicant may appeal to appropriate
courts.
Decision must be reached within 24 hours.
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.
- Academic freedom of institutions of
higher learning cannot be utilized to

POLITICAL LAW 34
Zaira Gem

discriminate against those who exercise

their constitutional rights.
Right to free assembly and petition
prevails over economic rights.
Education of the youth occupies a
preferred position over the freedom of
assembly and petition.
Tests priorly applied by the court:
1. purpose test
2. auspice test

Freedom of Religion
- 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
2. freedom of religious profession and
worship
- Non-establishment clause: separation of Church
and State
1. cannot be registered as a political party;
2. no sectoral representative from the
religious sector; and
3. prohibition against the use of public money
or property for the benefit of any religion,
or of any priest, minister or ecclesiastic.
- Exceptions:
1. exception from taxation of properties
actually, directly and exclusively used for
religious purposes;
2. citizenship requirement of ownership of
educational institutions, except those
established by religious groups and mission
boards;
3. optional religious instruction in public
elementary and high schools expressed
in writing by the parents/guardians, taught

within regular class hours; and without

additional costs on the Government; and
4. appropriation allowed where the minister
or ecclesiastic is employed in the armed
forces, penal institution or in the
government-owned
orphanage
or
leprosarium.
- Scope:
1. State cannot set up a Church
2. nor pass laws which aid one religion, aid all
religion or prefer one over another;
3. nor force nor influence a person to go to or
remain away from church against his will;
4. or force him to profess a belief or disbelief
in any religion.
- The term Non-Christian tribes does not refer
to religious belief but to degree of civilization.
(People vs. Cayat)
- Laws, e.g. Article 133 of the RPC, do not violate
freedom of religion.
- Freedom of religion is accorded preferred
status, designed to protect the broadest
possible liberty of conscience, to allow each
man to believe as his conscience directs, to
profess his beliefs and to live as he believes he
ought to live, consistent with liberty of others
and with the common good.
- Intramural religious disputes:
Where a civil right depends upon some matter
pertaining to ecclesiastical affairs, the civil
tribunal tries the civil right and nothing more.
Ecclesiastical Affair is one that concerns
doctrine, creed, or forum of worship of the
church, or the adoption and enforcement
within a religious association of needful laws
and regulations for the government of the
membership, and the power of excluding from
such associations those deemed unworthy of
membership.
It is not for the Court to exercise control over
Church authorities in the performance of their
discretionary and official functions; it is for the
members of religious institutions/organizations
to conform to just church regulations.

POLITICAL LAW 35
Zaira Gem
Free Exercise Clause
Aspects of freedom of religious profession
and worship:
1. right to believe, which is absolute
2. right to act according to ones belief,
which is subject to regulation.
Constitutional guarantee of free exercise
pf 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.
- The compelling State interest test:
Estrada vs. Escritor (administratively
charged with immorality for living with a
married man, not her husband; conjugal
arrangement was in conformity with their
religious beliefs)
Benevolent Neutrality recognizes that
government must pursue its secular goals
and interests, but at the same time, strive
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 interest.
2 steps:
1) Whether respondents right to religious
freedom has been burdened and
2) Ascertain respondents sincerity in his
beliefs.
- State regulations imposed on solicitations for
religious purposes do not constitute an
abridgment of freedom of religion; but are NOT
covered by PD 1564 (Solicitation Permit Law)
which required prior permit from DSWD in
solicitations for charitable or public welfare
purposes;
-

Free exercise clause does not prohibit imposing

a generally applicable sales and use tax on the
sale of religious materials by a religious
organization. Resulting burden is so incidental
as to make it difficult to differentiate it from
any other economic imposition that might make
the right to disseminate religious doctrines
costly.

Liberty of Abode and of Travel

- 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) On liberty of abode: lawful order of the
court
Caunca vs. Salazar: maid has the right to
transfer to another residence even if she had
not yet paid the amount advanced for her
transportation from the province by an
employment agency;
Rubi vs. Provincial Board of Mindoro: requiring
some members of the non-Christian tribes to
reside only within a reservation, valid to
promote their better education, advancement
and protection.
Universal Declaration of Human Rights:
everyone has the right to leave any country,
including his own and to return to his country.
Covenant on Civil and Political Rights: no one
shall be arbitrarily deprived of the right to enter
his own country.
2) On right to travel: national security,
public safety or public health, as may be
provided by law
- Lawful order of the court is a valid restriction.
- Court may validly refuse to grant the accused
permission to travel abroad, even if the accused
in out on bail. (Manotoc vs. CA)

POLITICAL LAW 36
Zaira Gem
-

Liberty of travel may be impaired even

without court order, the appropriate
executive
officers
or
administrative
authorities are not armed with arbitrary
discretion to impose limitations.

Principles:
1) The Hold-departure Order is but an exercise
of the courts inherent power to preserve
and maintain the effectiveness of its
jurisdiction over the case and over the
person of the accused;
2) By posting bail, the accused holds himself
amenable at all times to the orders and
processes of the court, thus, she may be
legally prohibited from leaving the country
during the pendency of the case; and
3) Parties with pending cases 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
appropriate conditions therefore, since they
are conversant with the facts of the cases
and the ramifications or implications
thereof.
- The persons right to travel is subject to the
usual constraints imposed by the very
necessity of safeguarding the system of
justice. Whether the accused should be
permitted to leave the country for
humanitarian reasons is a matter addressed
to the courts discretion.
Right to Information
- 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 pr
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 the Right: right to information

contemplates inclusion of negotiations leading
to consummation of the transactions.
The right only affords access, which
means the opportunity to inspect and
copy them at his expense.
Subject to regulations: to protect
integrity of public records and to
minimize disruption of government
operations.
Exceptions:
1) Privileged communications rooted in
separation of powers
2) Information on military and diplomatic
secrets
3) Information affecting national security
4) Information on investigations of crimes
by law enforcement agencies before
the prosecution of the accused.
Need for publication of law reinforces this right.
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. Its performance may be compelled by
mandamus.
In Re: Request for Live Radio-TV Coverage of
the Trial in the SB of the Plunder Case against
Former Pres. Joseph Ejercito Estrada, Secretary
of Justice Hernando Perez vs. Joseph Ejercito
Estrada: when the constitutional guarantees of
freedom of the press and the right to public
information, on the one hand, and the
fundamental rights of the accused, on the
other hand, along with the constitutional
power of a court to control its proceedings in
ensuring a fair and impartial trial race against
another, jurisprudence tells us that the right of
the accused must be preferred (losing not only
his liberty but also the very life of an accused).

Right to Form Associations

POLITICAL LAW 37
Zaira Gem
-

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: includes the right not to join or to
disaffiliate from one.
Right to Strike: members of the civil service may
not declare a strike to enforce economic
demands.
The ability to strike is not essential to the right
of association.
The right of the sovereign to prohibit strikes or
work stoppages by public employees is clearly
recognized at common law. Modern rule merely
incorporate or reasserts said common law.
Right is not absolute.
Anti-Subversion Act
Managerial
employees:
receive
information that is not only confidential
but also generally not available to the
public.

Non-impairment Clause
- 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.
- 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
- Substantial impairment when the law changes
either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something
different from that provided in its terms
- Limitations:

1) Police power public welfare is superior to

private rights
2) Eminent domain
3) Taxation
Franchises, privileges, licenses, etc do not come
within the context of the provision
Subject to amendment alteration, or
repeal by the Congress when common
good so requires.

Free Access to Courts

- Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
- Social justice provision providing for pauper
suits.
Miranda Doctrine
- Any person under investigation for the
commission of an offense shall have
The right to be informed of his right to
remain silent and
To have competent and independent
counsel preferably of his own choice.
- If the person cannot afford the services of
counsel, he must be provided with one.
- These rights cannot be waived, except
In writing and
In the presence of the counsel.
- No torture, force, violence, threat, intimidation
or any other means which vitiate the free will
shall be used against him.
- Secret
detention
places,
solitary,
incommunicado, or other similar forms of
detention are prohibited.
- Any confession or admission obtained in
violation of this or Section 17 shall be
inadmissible in evidence against him.
- 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 or similar practices, and their
families.

POLITICAL LAW 38
Zaira Gem
-

Rights are available only during custodial

investigation.
Custodial investigation or in-custody
interrogation of accused person: any
questioning initiated by law enforcement
officers after a person has been taken into
custody or otherwise deprived of his
freedom of action in any significant way.
Investigation ceases to be a general inquiry
into an unsolved crime and direction is
aimed upon a particular suspect who has
been taken into custody and to whom the
police would then direct interrogatory
questions which tend to elicit incriminating
statements.
Does not apply to spontaneous statement5s.
Does not apply to admissions/confessions made
by a suspect before he was placed under
custodial investigation.
Custodial investigation includes the practice of
issuing an invitation to a person who is
investigated in connection with an offense he is
suspected to have committed, without
prejudice to the liability of the inviting officer
for any violation.
Police Line-up
Not considered part of custodial
investigation because it is conducted before
that stage of investigation is reached.
Process has not yet shifted from the
investigatory to the accusatory stage.
People vs. Escordial
Out-of-court identification may be made in
a show-up (where the accused is brought
face to face with the witness for
identification) or in a police line-up (where
the suspect is identified by a witness from a
group of persons gathered for that
purpose).
During custodial investigation, these have
been described as critical confrontations of
the accused by the prosecution
necessitating the presence of counsel. This
is because the result of these pre-trial

proceedings might well settle the fate of

the accused and reduce the trial to a mere
formality.
Merely photographed or paraffin test, not
yet under custodial investigation.
Investigations not considered as custodial
interrogations.
Arrested person signs a booking sheer and an
arrest report at the police station, he does not
admit the commission of an offense nor confess
to any incriminating circumstance. Said booking
sheet is merely a statement of how the arrest
was made and has no probative value as an EJ
statement of the person detained.
Rights guaranteed by this provision refers only
to testimonial compulsion.
What rights are available
1) To remain silent;
No adverse inference from his refusal to
answer.
2) To competent and independent counsel
(preferably of his own choice; at all stages
of the proceeding);
Attaches upon the start of the
investigation;
Lawyer should never prevent a person
from telling the truth.
RA 7438: Accuseds parent, older bro and
sis, spouse, Mayor, Municipal Judge,
district school supervisor, or priest or
minister of the gospel as chosen by the
accused, may appear in lieu of the counsel
during the taking of an EJ confession IF:
1) Counsel of accused is absent and
2) Valid waiver had been executed.
competent and independent willing to
safeguard the constitutional rights of the
accused, as distinguished from one who
would merely be giving a routine
peremptory and meaningless recital of the
individuals constitutional rights.
Mere pro forma appointment of a counsel
de officio who fails to genuinely protect

POLITICAL LAW 39
Zaira Gem
the interests of the accused merits
disapprobation.
Independent Counsel: not special counsel,
City legal officer, Mayor, public/private
prosecutor, counsel of the police, or a
municipal attorney, whose interest is
admittedly adverse to the accused.
Preferably of his own choice does not
mean that the choice of a lawyer by a
person under investigation is exclusive as
to preclude other equally competent and
independent attorneys from handling
the defense.
Choice of lawyer when accused cannot
afford final say is still with the accused
who may reject said lawyer; deemed
engaged by the accused when he does
not object.
Confession obtained after charges had
already been filed: The right to counsel
still applies in certain pre-trial
proceedings that are considered critical
stages in the criminal process. Custodial
interrogation before or after charges
have been filed, and non-custodial
interrogation after the accused has
been formally charged, are considered
critical pre-trial stages in the criminal
process.
3) To be informed of such rights;
Transmission of meaningful information
rather than just ceremonial and
perfunctory recitation of an abstract
constitutional principle.
P must show that the accused
understood what he read and the
consequences of his waiver.
Right to be informed carries with it the
correlative obligation on the part of the
investigator to explain and contemplates
an effective communication which
results in the subject understanding
what is conveyed. (degree of explanation

4)

5)
6)
7)

1)
2)

1)

depends on the personal circumstances

of the accused)
Rights cannot be waived except in writing
and signed by the person in the presence of
his counsel;
No torture, force, violence, etc. which
vitiates free will shall be used;
Secret detention places, etc. are prohibited;
and
Confessions/admissions
obtained
in
violation of rights are inadmissible in
evidence.
2 Kinds of Involuntary/Coerced Confession
Coerced confession, the product of third
degree methods
Uncounselled statements, without the
benefit of the Miranda warning
Alleged infringement of the constitutional
rights of the accused during custodial
investigation is relevant and material only
where
an
extrajudicial
confession/admission from the accused
becomes the basis of conviction.
1973 Constitution does not distinguish
between verbal and non-vernal confession.
A person suspected of having committed a
crime and subsequently charged with its
commission has the following rights in the
matter of his testifying or producing
evidence:
Before case is field in court or with public
prosecutor for preliminary investigation,
but after having been taken into custody or
otherwise deprived of his liberty and on
being interrogated by the police
To remain silent
Right to counsel
To be informed of such right
Not to be subjected to torture,
violence, threat, intimidation or any
other means which vitiates free will
and

POLITICAL LAW 40
Zaira Gem

To have evidence obtained in

violation of these rights rejected and
inadmissible.
2) After the case is filed in court
To refuse to be a witness
Not to have nay prejudice by such refusal
To testify in his own behalf, subject to
cross-examination
While testifying, refuse to answer an
incriminating question
- Waiver
(1) Must be in writing and made in the
presence of the counsel
(2) No retroactive effect no application to
waivers made prior to APRIL 26, 1983,
the promulgation of Morales.
(3) Burden of proof burden of proving
valid waiver is with the prosecution.
Presumption that official duty
has been regularly performed
cannot prevail over the
presumption of innocence.
(4) What may be waived
Right to remain silent
Right to counsel
NOT the right to be informed of
these rights.
- Guidelines for Arresting/Investigating Officers
(People vs. Mahinay)
(1) Person arrested, detained, invited or under
custodial investigation must be informed in
a language known to and understood by
him of the reason for his arrest and must be
shown the warrant of arrest, if any.
(2) He must be warned that he has the right to
remain silent and that any statement he
makes may be used as evidence against
him.
(3) He must be informed that he has the right
to be assisted at all times and have the
presence of an independent and competent
lawyer, preferably of his own choice.
(4) He must be informed that if he has no
lawyer or cannot afford one, a lawyer will

be provided for him; and that a lawyer may

also be engaged by any person in his behalf
or may be appointed by the Court upon
petition of the person or one acting in his
behalf.
(5) That whether or not the person arrested
has a lawyer, he must be informed that no
custodial investigation in any form shall be
conducted except in the presence of his
counsel or after a valid waiver.
(6) The person arrested must be informed that,
at any time, he has the right to
communicate or confer by the most
expedient means with his lawyer, any
member of his immediate family, or any
medical doctor, priest or minister chose by
him or anyone of his immediate family or by
his counsel, or be visited by/confer with
duly accredited national or international
non-governmental organization. It shall be
the responsibility of the officer to ensure
that this is accomplished.
(7) He must be informed that he has the right
to waive any said rights provided it is made
voluntarily, knowingly and intelligently, and
ensure that he understood the same.
(8) If the person arrested waives his right to a
lawyer, he must be informed that this must
be done in writing and in the presence of
the counsel, otherwise he must be warned
that the waiver is void even if he insists in
his waiver and chooses to speak.
(9) The person arrested must be informed that
he may indicate in any manner at any time
or stage of the process that he does not
wish to be questioned with a warning that
once he makes such indication the police
may not interrogate him if the same had
not yet commenced or the interrogation
must cease if it had already begun.
(10)The person arrested must be informed that
the initial waiver of his right to remain
silent, the right to counsel or to any other
rights does not bar him from invoking it at

POLITICAL LAW 41
Zaira Gem

any time during the process, regardless of

whether he may have answered some
questions or volunteered some statements.
(11)He must be informed that any statement or
evidence, as the case may be, obtained in
violation of any of the foregoing,
inculpatory or exculpatory, in whole or in
part, shall be inadmissible.
Exclusionary
Rule:
Confession/Admission
obtained in violation of Section 12 and 17,
Article III of the Constitution shall be
inadmissible in evidence.
Confession: declaration made voluntarily and
without compulsion or inducement by a person
acknowledging that he has committed or
participated in the commission of a crime.
Any allegation of force, duress, undue influence
or other forms of involuntariness in exacting
such confession must be proved y clear,
convincing and competent evidence by the
defense. Otherwise, the confessions full
probative value may be used to demonstrate
the guilt of the accused.
Fruit of the Poisonous Tree: (Justice Frankfurter
Nardone vs. US)
Once the primary source is shown to have
been unlawfully obtained, any secondary or
derivative evidence derived from it is also
inadmissible.
Basis: evidence illegally obtained by the
State should not be used to gain other
evidence.
Receipt of Seized Property if signed by the
accused without assistance of counsel and not
having been informed of his constitutional
rights is inadmissible.
People vs. Linsangan: initialed the P10 bill
that the police found tucked in his waist.
Valid. Because possession of marked bills
did not constitute a crime, the subject if the
prosecution being his act of selling
marijuana cigs.
Re-enactment of the Crime before, must be
appraised of his constitutional rights.

- Res Gestae admissible.

Waiver of Exclusionary Rule: failure to object to offer in
evidence.
SIMON VS COMMISSION ON HUMAN RIGHTS
(T)he Commission on Human Rights . . . was not meant
by the fundamental law to be another court or quasijudicial agency in this country, or duplicate much less
take over the functions of the latter.
ERMITA - MALATE HOTEL & MOTEL OPERATORS
ASSOCIATION VS CITY OF MANILA
The local legislative body, by enacting the ordinance,
has in effect given notice that the regulations are
essential to the well being of the people x x x . The
Judiciary should not lightly set aside legislative action
when there is not a clear invasion of personal or
property rights under the guise of police regulation.
PICHAY VS OFFICE OF DEPUTY EXECUTIVE SECRETARY
The equal protection of the law clause is against undue
favor and individual or class privilege, as well as hostile
discrimination or the oppression of inequality. It is not
intended to prohibit legislation which is limited either in
the object to which it is directed or by territory within
which it is to operate. It does not demand absolute
equality among residents; it merely requires that all
persons shall be treated alike, under like circumstances
and conditions both as to privileges conferred and
liabilities enforced. The equal protection clause is not
infringed by legislation which applies only to those
persons falling within a specified class, if it applies alike
to all persons within such class, and reasonable grounds
exist for making a distinction between those who fall
within such class and those who do not.

POLITICAL LAW 42
Zaira Gem
WHITE LIGHT CORPORATION ET. AL. VS CITY OF
MANILA
The rights at stake herein fell within the same
fundamental rights to liberty. Liberty as guaranteed by
the Constitution was defined by Justice Malcolm to
include the right to exist and the right to be free from
arbitrary restraint or servitude. The term cannot be
dwarfed into mere freedom from physical restraint of
the person of the citizen, but is deemed to embrace the
right of man to enjoy the facilities with which he has
been endowed by his Creator, subject only to such
restraint as are necessary for the common welfare.
SILAHIS INTERNATIONAL HOTEL INC VS SOLUTA
While it is doctrinal that the right against unreasonable
searches and seizures is a personal right which may be
waived expressly or impliedly, a waiver by implication
cannot be presumed. There must be clear and
convincing evidence of an actual intention to relinquish
it to constitute a waiver thereof.28 There must be proof
of the following: (a) that the right exists; (b) that the
person involved had knowledge, either actual or
constructive, of the existence of such right; and, (c) that
the said person had an actual intention to relinquish the
right. In other words, the waiver must be voluntarily,
knowingly and intelligently made.
RUBI vs. PROVINCIAL BOARD OF MINDORO
The legislature is permitted to delegate legislative
powers to the local authorities on matters that are of
purely local concerns.
BAPTISTA vs. VILLANUEVA
The essence of due process is simply to be heard, or as
applied to administrative proceedings, an opportunity
to explain one's side, or an opportunity to seek a
reconsideration of the action or ruling complained of.
ORQUIOLA vs. TANDANG SORA DEVELOPMENT
CORPORATION

No man shall be affected by any proceeding to which he

is a stranger, and strangers to a case are not bound by
any judgment rendered by the court.
PANGILINAN vs. BALATBAT
The essence of due process is simply an opportunity to
be heard. Such process requires notice and an
opportunity to be heard before judgment is rendered.
JAVIER V. COMELEC
The relationship of the judge with one of the parties
may color the facts and distort the law to the prejudice
of a just decision. Where this is probable or even only
possible, due process demands that the judge inhibit
himself, if only out of a sense of delicadeza.
GALMAN V. SANDIGANBAYAN
No court whose Presiding Justice has received "orders
or suggestions" from the very President who by an
amendatory decree made it possible to refer the cases
to the Sandiganbayan, can be an impartial court, which
is the very essence of due process of law.
Legal jeopardy attaches only (a) upon a valid
indictment, (b) before a competent court, (c) after
arraignment, (d) a valid plea having been entered; and
(e) the case was dismissed or otherwise terminated
without the express consent of the accused.
PEOPLE V. CASTILLO
Jurisprudence teaches that allegations of bias on the
part of the trial court should be received with caution,
especially when the queries by the judge did not
prejudice the accused. The propriety of a judge's
queries is determined not necessarily by their quantity
but by their quality and, in any event, by the test of
whether the defendant was prejudiced by such
questioning.

POLITICAL LAW 43
Zaira Gem
HEIRS OF BUGARIN V. REPUBLIC
Essence of Due process is right to be heard. Due process
is satisfied when the parties are afforded a fair and
reasonable opportunity to explain their respective sides
of the controversy. Thus, when the party seeking due
process was in fact given several opportunities to be
heard and air his side, but it is by his own fault or choice
he squanders these chances, then his cry for due
process must fail.
AGUILAR V. O'PALLICK
The principle that a person cannot be prejudiced by a
ruling rendered in an action or proceeding in which he
was not made a party conforms to the constitutional
guarantee of due process of law.

duties NOT GIVEN to the Ombudsman) is clearly

without authority to conduct preliminary investigations
and to direct the filing of criminal cases with the
Sandiganbayan, except upon orders of the Ombudsman.
VILLARUEL VS FERNANDO
Due process, in essence, is simply an opportunity to be
heard and this opportunity was not denied petitioner.
Throughout the proceedings in the trial court as well as
in the Court of Appeals, petitioner had the opportunity
to present his side but he failed to do so. Clearly,
petitioner's former counsel, the OSG, was negligent.
This negligence, however, binds petitioner. The trial and
appellate courts correctly ruled that the negligence of
the OSG could not relieve petitioner of the effects such
negligence and prevent the decision of the trial court
from becoming final and executory.

CARAS Y SOLITARIO V. COURT OF APPEALS

PEOPLE VS BARAOIL
The absence of a notice of dishonor necessarily deprives
an accused an opportunity to preclude a criminal
prosecution. Accordingly, procedural due process
clearly enjoins that a notice of dishonor be actually
served on petitioner. Petitioner has a right to demand
and the basic postulates of fairness require that
the notice of dishonor be actually sent to and received
by her to afford her the opportunity to avert
prosecution under B.P. Blg. 22.

The law presumes that an accused in a criminal

prosecution is innocent until the contrary is proven. This
basic constitutional principle is fleshed out by
procedural rules which place on the prosecution the
burden of proving that an accused is guilty of the
offense charged by proof beyond reasonable doubt.
Whether the degree of proof has been met is largely
left to the trial courts to determine.

COSCOLLUELA V. SANDIGANBAYAN

SY VS ANDOKS LITSON CORPORATION

Akin to the right to speedy trial, its "salutary objective"

is to assure that an innocent person may be free from
the anxiety and expense of litigation or, if otherwise, of
having his guilt determined within the shortest possible
time compatible with the presentation and
consideration of whatsoever legitimate defense he may
interpose.

The essence of due process is to be found in the

reasonable opportunity to be heard and to submit any
evidence one may have in support of one's defense.
Where the opportunity to be heard, either through
verbal arguments or pleadings, is accorded, and the
party can present its side or defend its interest in due
course, there is no denial of procedural due process.

ZALDIVAR V. SANDIGANBAYAN

ALMARIO VS THE EXECUTIVE SECRETARY

Tanodbayan (called Special Prosecutor under the 1987

constitution and who is supposed to retain powers and

As to the Constitutional right of persons to equal

protection, it is the constitutional duty of the President

POLITICAL LAW 44
Zaira Gem
to faithfully execute the laws and observe the rules,
guidelines and policies as to the selection of the
nominees for conferment of the Order of National
Artists. This duty proscribed her from having a free and
uninhibited hand in the conferment of the said award.

parties to the proceeding can know the various issues

involved, and the reasons for the decisions rendered.
The performance of this duty is inseparable from the
authority conferred upon it.
DUMLAO VS. COMELEC

ROQUE VS OMBUDSMAN
The long and unexplained delay in the resolution of the
criminal complaints against petitioners was not
corrected by the eventual filing of the Informations. The
Court ruled that the inordinate delay in terminating
the preliminary investigation and filing the information
in the instant case is violative of the constitutionally
guaranteed right of the petitioner to due process and
the speedy disposition of cases against him.
Accordingly, the informations should be dismissed.

In fine, it bears reiteration that the equal protection

clause does not forbid all legal classification. What is
proscribes is a classification which is arbitrary and
unreasonable. That constitutional guarantee is not
violated by a reasonable classification based upon
substantial distinctions, where the classification is
germane to the purpose of the law and applies to all
Chose belonging to the same class.
CONFERENCE OF MARITIME MANNING AGENCIES VS.
POEA

ANG TIBAY VS. COURT OF INDUSTRIAL RELATIONS

There are cardinal primary rights which must be
respected even in proceedings of this character. The
first of these rights is the right to a hearing, which
includes the right of the party interested or affected to
present his own case and submit evidence in support
thereof. Not only must the party be given an
opportunity to present his case and to adduce evidence
tending to establish the rights which he asserts but the
tribunal must consider the evidence presented. While
the duty to deliberate does not impose the obligation to
decide right, it does imply a necessity which cannot be
disregarded, namely, that of having something to
support its decision. Not only must there be some
evidence to support a finding or conclusion, but the
evidence must be substantial. The decision must be
rendered on the evidence presented at the hearing, or
at least contained in the record and disclosed to the
parties affected. The Court of Industrial Relations or any
of its judges, therefore, must act on its or his own
independent consideration of the law and facts of the
controversy, and not simply accept the views of a
subordinate in arriving at a decision. The Court of
Industrial Relations should, in all controvercial
questions, render its decision in such a manner that the

It is an established principle of constitutional law that

the guaranty of equal protection of the laws is not
violated by legislation based on reasonable
classification. And for the classification to be
reasonable, it (1) must rest on substantial distinctions;
(2) must be germane to the purpose of the law; (3) must
not be limited to existing conditions only; and (4) must
apply equally to all members of the same class. There
can be no dispute about the dissimilarities between
land-based and sea-based Filipino overseas workers in
terms of, among other things, work environment,
safety, dangers and risks to life and limb, and
accessibility to social, civic, and spiritual activities.
PEOPLE VS. JALOSJOS
We, therefore, find that election to the position of
Congressman is not a reasonable classification in
criminal law enforcement. The functions and duties of
the office are not substantial distinctions which lift him
from the class of prisoners interrupted in their freedom
and restricted in liberty of movement. Lawful arrest and
confinement are germane to the purposes of the law
and apply to all those belonging to the same class.

POLITICAL LAW 45
Zaira Gem
STONEHILL vs. DIOKNO
The legality of a seizure can be contested only by the
party whose rights have been impaired thereby|and
that the objection to an unlawful search and seizure is
purely personal and cannot be availed of by third
parties.
PEOPLE vs. BELOCURA
The rule that there must first be a warrant of arrest and
search warrant is not absolute.
GAMBOA vs. CHAN
The right to privacy is not absolute where there is an
overriding compelling state interest.
NOLASCO vs. PANO
Search warrants which are too general are void for
being violative of the Constitutional mandate provided
under Sec. 3, Article 4 of the Constitution.
The rule that articles seized under an invalid search
warrant should be returned is not absolute and admits
of certain exceptions.
GARCIA vs. EXECUTIVE SECREATARY
The equal protection clause guaranteed under the
Constitution extends to the class of those who have
been convicted by any court.
PEOPLE VS. CA
THE CAS FINDINGS CAN NO LONGER BE REVERSED,
DISTURBED AND SET ASIDE WITHOUT VIOLATING THE
RULE AGAINST DOUBLE JEOPARDY.
DR. ERNESTO I. MAQUILING, vs. PHILIPPINE
TUBERCULOSIS SOCIETY, INC. (PTS)
The twin requirements of notice and hearing constitute
elements of due process in cases of employees
dismissal; the requirement of notice is intended to

inform the employee concerned of the employers

intent to dismiss and the reason for the proposed
dismissal; upon the other hand the requirement of
hearing affords the employee an opportunity to answer
his employers charges against him and accordingly to
defend himself therefrom before dismissal is effected.
US VS. BUSTOS
It is a duty which everyone owes to society or to the
State to assist in the investigation of any alleged
misconduct. It is further the duty of all who know of any
official dereliction on the part of a magistrate or the
wrongful act of any public officer to bring the facts to
the notice of those whose duty it is to inquire into and
punish them. The right to assemble and petition is the
necessary consequence of republican institutions and
the complement of the part of free speech. Assembly
means a right on the part of citizens to meet peaceably
for consultation in respect to public affairs. Petition
means that any person or group of persons can apply,
without fear of penalty, to the appropriate branch or
office of the government for a redress of grievances.
The persons assembling and petitioning must, of course,
assume responsibility for the charges made. All persons
have an interest in the pure and efficient administration
of justice and of public affairs.
Completely liberty to comment on the conduct of public
men is a scalpel in the case of free speech. The sharp
incision of its probe relieves the abscesses of
officialdom. Men in public life may suffer under a
hostile and an unjust accusation; the wound can be
assuaged with the balm of a clear conscience. A public
officer must not be too thin-skinned with reference to
comment upon his official acts. Only thus can the
intelligence and the dignity of the individual be exalted.
Of course, criticism does not authorize defamation.
Nevertheless, as the individual is less than the State, so
must expected criticism be born for the common good.
Rising superior to any official or set of officials, to the
Chief of Executive, to the Legislature, to the Judiciary
to any or all the agencies of Government public

POLITICAL LAW 46
Zaira Gem
opinion should be the constant source of liberty and
democracy.
RODEL LUZ y ONG, vs. PEOPLE
The United States (U.S.) Supreme Court also discussed
in Berkemer v. McCarty at length whether the roadside
questioning of a motorist detained pursuant to a
routine traffic stop should be considered custodial
interrogation. The Court held that, such questioning
does not fall under custodial interrogation, nor can it be
considered a formal arrest, by virtue of the nature of
the questioning, the expectations of the motorist and
the officer, and the length of time the procedure is
conducted. Since the motorist therein was only
subjected to modest questions while still at the scene of
the traffic stop, he was not at that moment placed
under custody (such that he should have been apprised
of his Miranda rights), and neither can treatment of this
sort be fairly characterized as the functional equivalent
of a formal arrest.