Professional Documents
Culture Documents
How
proposed By Congress acting as 1. By Congress upon a vote of 2/3 By the people, upon a petition thru
Constituent Assembly of ALL its members (to call for a a plebiscite (at least 12% of the
upon a vote of ¾ of ALL ConCon); OR TOTAL number of registered
its members (2014 voters, of which every legislative
Bar) 2. Upon a majority vote of ALL district must be represented by 3%
members of Congress to submit of the registered voters therein
to the Electorate the question of (1987 Constitution, Art. XVII, Sec. 2)
calling a ConCon (+Plebiscite) (+Full text of the proposed
(1987 Constitution, Art. XVII, Sec. amentments attached in the
3) petition)
Kinds of initiative under the Initiative and 1. Referendum on Statutes - Refers to a petition to
Referendum Act (RA 6735) approve or reject a law, or part thereof, passed by
Congress.
1. Initiative on the Constitution – Refers to a petition 2. Referendum on Local Law – Refers to a petition to
proposing amendments to the Constitution. approve or reject a law, resolution or ordinance
2. Initiative on statutes – Refers to a petition to enact enacted by regional assemblies and local legislative
a national legislation. bodies.
3. Initiative on local legislation – Refers to a petition
proposing to enact a regional, provincial, Initiative vs. Referendum (2000 Bar)
municipal, city, or barangay law, resolution or
ordinance. [RA 6735, Sec. 3 (a)] BASIS INITIATIVE REFERENDUM
It shall be composed of a citizen armed force which shall Components of the National Territory
undergo military training and serve, as may be provided
by law. (1987 Constitution, Art. XVI, Sec. 4) 1. Terrestrial Domain
2. Maritime Domain
Bar on the AFP to participate in partisan political 3. Aerial Domain
activities
---
It shall be insulated from partisan politics. No member of Q: William, a private American citizen and frequent
the military shall engage directly or indirectly in any visitor to the Philippines, was inside the U.S.
partisan political activity, except to vote. [1987 embassy when he got into a heated argument with a
Constitution, Art. XVI, Sec. 5(3)]. private Filipino citizen. Then, in front of many
shocked witnesses, he killed the person he was
NOTE: The prohibition also extends to government- arguing with. The police came, and brought him to
owned or controlled corporations (GOCC) or any of their the nearest police station. Upon reaching the station,
subsidiaries. [1987 Constitution, Art. XVI, Sec. 5(4)] the police investigator, in halting English, informed
William of his Miranda rights, and assigned him an
Period of the tour of duty of the Chief of Staff independent local counsel. William protested his
arrest. He argued that since the incident took place
GR: It shall not exceed three (3) years. inside the U.S. embassy, Philippine courts have no
jurisdiction because the U.S. embassy grounds are
XPN: It can be extended by the President during times of not part of Philippine territory; thus, technically, no
war or any other national emergency, provided that the crime under Philippine law was committed. Is
existence of such be declared by the Congress. (1987 William correct? (2009 Bar)
Constitution, Art. XVI, Sec. 5)
A: NO. William is not correct. The premises occupied by
the United States Embassy do not constitute territory of
the United States but of the Philippines. Crimes
GENERAL CONSIDERATIONS committed within them are subject to the territorial
jurisdiction of the Philippines. Since William has no
diplomatic immunity, the Philippines can prosecute him
if it acquires custody over him. (UPLC Suggested
Answers to the Bar)
NATIONAL TERRITORY
---
(1996, 2004, 2005, 2009 Bar) NOTE: Foreign embassies retain their status as native
soil. They are still subject to Philippine authority. Its
Territory
Archipelagic Doctrine (2015 Bar) and sending some of our armed forces to protect said
island and maintain our sovereignty over it.
The waters around, between, and connecting the islands
of the archipelago, regardless of their breadth and SGI and Scarborough Shoal as part of the National
dimensions, form part of the internal waters of the Territory (2013 Bar)
Philippines. (1987 Constitution, Art. I)
The SGI and Scarborough Shoal fall under the 2nd phrase
Under the Archipelagic Doctrine, we connect the of Art. I, i.e., “and all other territories over which the
outermost points of our archipelago with straight Philippines has sovereignty or jurisdiction.” It is part of
baselines and consider all the waters enclosed thereby as our national territory because the Philippines exercise
internal waters. The entire archipelago is regarded as sovereignty (through election of public officials) over the
one integrated unit instead of being fragmented into so Spratly Group of Islands. Moreover, under the Philippine
many thousand islands. (Cruz and Cruz, Philippine Baselines Law of 2009 (RA 9522), the Spratly Islands and
Political Law, p. 24) the Scarborough Shoal are classified as islands under the
regime of the Republic of the Philippines. (Philippine
Purposes of the Archipelagic Doctrine Baselines Law of 2009)
a. Territorial Integrity
b. National Security
c. Economic reasons
The State may not be sued without its consent. (1987 Remedy of a person who feels aggrieved by the acts
Constitution, Art. XVI, Sec. 3) of a foreign government
Basis of the Doctrine of State Immunity Under both Public International Law and Transnational
Law, a person who feels aggrieved by the acts of a
GR: All states are sovereign equals and cannot assert foreign sovereign can ask his own government to
jurisdiction over one another, consonant with the public espouse his cause through diplomatic channels. (Holy See
international law principle of par in parem non habet v. Rosario, G.R. No. 101949, Dec. 1, 1994)
imperium. A contrary disposition would "unduly vex the
peace of nations." (Arigo v. Swift, G.R. No. 206510, Sept. Forms of consent
16, 2014)
1. Express consent
The head of State, who is deemed the personification of a. General law
the State, is inviolable, and thus, enjoys immunity from i. Act No. 3083 and CA 327 as amended by
suit. (JUSMAG Philippines v. NLRC, G.R. No. 108813, Dec. Secs. 49-50, PD 1445 – Money claims
15, 1994) arising from contracts which could serve
as a basis of civil action between private
Likewise, public officials may not be sued for acts done in parties to be first filed with COA before a
the performance of their official functions or within the suit may be filed in court. The COA must
scope of their authority. (DOH v. Phil. Pharmawealth, Inc., act upon the claim within 60 days.
G.R. No. 182358, Feb. 20, 2013) Rejection of the claim authorizes the
claimant to elevate the matter to the
NOTE: The rule is that if the judgment against such Supreme Court on certiorari.
officials will require the state itself to perform an ii. Art. 2180, NCC – Tort committed by special
affirmative act to satisfy the same, the suit may be agent;
regarded as against the state itself although it has not iii. Art. 2189, NCC – LGUs liable for injuries or
been formally impleaded. (Garcia v. Chief of Staff, G.R. No. death caused by defective condition of
L-20213, January 31, 1966) roads or public works under their control
(City of Manila v. Teotico, et al., G.R. No. L-
XPN: A State may be sued if it gives consent, whether 23052, January 29, 1968);
express or implied. iv. Sec. 22(2), RA 7160, LGC of 1991 – LGUs
have power to sue and be sued; and
--- v. Sec. 24 of LGC – LGUs and their officials are
Q: The USS Guardian of the US Navy ran aground on not exempt from liability for death or
an area near the Tubbataha Reefs, a marine habitat injury or damage to property.
of which entry and certain human activities are
prevented and afforded protection by Philippine NOTE: The express consent of the State to be sued must
laws and UNCLOS. Bishop Arigo of Palawan filed a be embodied in a duly enacted statute and may not be
petition for the issuance of Writ of Kalikasan and given by a mere counsel of the government. (Republic v.
impleaded US officials in their capacity as Purisima, G.R. No. L-36084, Aug. 31, 1977)
commanding officers of the US Navy. He argues that
there is a waiver of immunity from suit found in the ---
Visiting Forces Agreement (VFA) between the US and Q: Kilusang Magbubukid ng Pilipinas (KMP) members
the Philippines, and invoke federal statues in the US clashed with the anti-riot squad which resulted to 13
under which agencies of the US have statutorily deaths and several casualties. Thereafter, President
waived their immunity to any action. Is he correct? Corazon C. Aquino issued AO 11 creating the Citizens’
Mendiola Commission to conduct the investigation
A: NO. The VFA is an agreement which defines the about the incident. The commission recommended
treatment of United States troops and personnel visiting compensating the victims. The petitioners (Caylao
the Philippines to promote “common security interests” group) together with the military personnel involved
between the US and the Philippines in the region. The in the Mendiola incident instituted an action against
invocation of US federal tort laws and even common law the Republic of the Philippines before the trial court.
is thus improper considering that it is the VFA which Respondent Judge Sandoval dismissed the complaint
governs disputes involving US military ships and crew on the ground of state immunity from suit.
navigating Philippine waters in pursuance of the Petitioners argued that the State has impliedly
objectives of the agreement. However, the waiver of waived its immunity from suit with the
State immunity under the VFA pertains only to criminal recommendation of the Commission to indemnify
When the State gives its consent to be sued, all it does Rule on the liabilities of the following:
is to give the other party an opportunity to show that
the State is liable. Accordingly, the phrase that “waiver of 1. Public officers– By their acts without or in excess of
immunity by the State does not mean a concession of jurisdiction: any injury caused by him is his own
liability” means that by consenting to be sued, the State personal liability and cannot be imputed to the
does not necessarily admit that it is liable. State.
2. Government agencies– Establish whether or not the
In such a case, the State is merely giving the plaintiff a State, as principal which may ultimately be held
chance to prove that the State is liable but the State liable, has given its consent.
retains the right to raise all lawful defenses. (Philippine 3. Government– Doctrine of State immunity is
Rock Industries, Inc. v. Board of Liquidators, G.R. No. available.
84992, Dec. 15, 1989)
---
Q: Spouses David and Elisea Ramos discovered that a
portion of their land in Baguio City was being used as
part of the runway and running shoulder of the
Loakan Airport being operated by Air
Transportation Office (ATO). The Spouses Ramos
agreed to convey the affected portion by deed of sale
to the ATO for consideration, which ATO failed to
pay. In an action for collection of money against ATO,
Manifestations of Republicanism NOTE: This pertains to use of nuclear weapons and not
nuclear source of energy.
1. Ours is a government of laws and not of men.
2. Rule of Majority (Plurality in elections) All existing treaties or international agreements which
3. Accountability of public officials have not been ratified shall not be renewed or extended
4. Bill of Rights without the concurrence of at least two-thirds of all the
5. Legislature cannot pass irrepealable laws Members of the Senate. (1987 Constitution, Art. XVIII, Sec.
6. Separation of powers 4)
NOTE: The Philippines is not only a representative or After the expiration in 1991 of the Agreement between
republican state but also shares some aspects of direct the Republic of the Philippines and the United States of
democracy such as initiative and referendum. America concerning military bases, foreign military
bases, troops, or facilities shall not be allowed in the
Constitutional Authoritarianism Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified
As understood and practiced in the Marcos regime under by a majority of the votes cast by the people in a national
the 1973 constitution, it is the assumption of referendum held for that purpose, and recognized as a
extraordinary powers by the President including treaty by the other contracting State. (1987 Constitution,
legislative and judicial and even constituent powers. Art. XVIII, Sec. 25)
Enforceability in the Philippines of Final Judgments While sovereignty has traditionally been deemed
of Foreign Courts absolute and all-encompassing on the domestic level, it is
however subject to restrictions and limitations
We can only recognize and/or enforce a foreign voluntarily agreed to by the Philippines, expressly or
judgment or order after a conclusive and a final finding impliedly as a member of the family of nations.
by Philippine courts that:
1. the foreign court or tribunal has jurisdiction By the doctrine of incorporation, the country is bound by
over the case, generally accepted principles of international law, which
2. the parties were properly notified, and are considered to be automatically part of our own laws.
3. there was no collusion, fraud, or clear mistake (Tañada v. Angara, G.R. No. 118295, May 2, 1997)
of law or fact.
(Republic v. Mupas, G.R. No. 181892, Sept. 8, 2015) Constitutional provisions which ensure civilian
supremacy
It is an established international legal principle that final
judgments of foreign courts of competent jurisdiction are 1. By the installation of the President, the highest
reciprocally respected and rendered efficacious subject civilian authority, as the commander-in-chief of all
to certain conditions that vary in different countries. In the armed forces of the Philippines. (1987
the Philippines, a judgment or final order of a foreign Constitution, Art. VII, Sec. 18).
tribunal cannot be enforced simply by execution. Such 2. Through the requirement that members of the AFP
judgment or order merely creates a right of action, and swear to uphold and defend the Constitution,
its non-satisfaction is the cause of action by which a suit which is the fundamental law of a civil
can be brought upon for its enforcement. (BPI v. government. (1987 Constitution, Art. XVI, Sec. 5,
Guevarra, G.R. No. 167052, March 11, 2015) Par. 1)
3. Prohibited – Those which are prohibited by the irreparable error or abuse in its exercise to the
religion clauses. detriment of republican institutions. The purpose was
not to avoid friction, but, by means of the inevitable
NOTE: Based on the foregoing, and after holding that the friction incident to the distribution of governmental
Philippine Constitution upholds the Benevolent powers among the three departments, to save the people
Neutrality Doctrine which allows for accommodation, from autocracy.
the Court laid down the rule that in dealing with cases
involving purely conduct based on religious belief, it Powers vested in the three branches of government
shall adopt the Strict-Compelling State interest test
because it is most in line with the benevolent neutrality- EXECUTIVE LEGISLATIVE JUDICIARY
accommodation. Implementation
Making of laws Interpretation of
of laws
Difference between Mandatory accommodation, and power of the laws (Power of
(Power of the
Permissive accommodation and Prohibited purse judicial review)
sword)
accommodation
NOTE: Legislative power is given to the legislature
MANDATORY PERMISSIVE PROHIBITED whose members hold office for a fixed term (Sec. 1, Art.
ACCOMMODATIO ACCOMODATIO ACCOMMODATIO VI); Executive power is given to a separate Executive
N N N who holds office for a fixed term (Sec. 1, Art. VII); and
Basis and Action Taken Judicial power is held by an independent Judiciary. (Sec.
Based on the Means that the Results when the 1, Art. VIII)
premise that state may, but Court finds no
when religious is not required basis for a ---
conscience to, mandatory Q: A group of losing litigants in a case decided by the
conflicts with a accommodate accommodation, SC filed a complaint before the Ombudsman charging
government religious or it determines the Justices with knowingly and deliberately
obligation or interests. that the rendering an unjust decision in utter violation of the
prohibition, the legislative penal laws of the land. Can the Ombudsman validly
government accommodation take cognizance of the case?
sometimes may runs afoul of the
have to give way. establishment or A: NO. Pursuant to the principle of separation of powers,
This the free exercise the correctness of the decisions of the SC as final arbiter
accommodation clause. In this of all justifiable disputes is conclusive upon all other
occurs when all case, the Court departments of the government; the Ombudsman has no
three conditions finds that power to review the decisions of the SC by entertaining a
of the establishment complaint against the Justices of the SC for knowingly
compelling State concerns prevail rendering an unjust decision. (In re: Laureta, G.R. No. L-
interest test are over potential 68635, May 14, 1987)
met. accommodation ---
interests. ---
Q: May the RTC or any court prohibit a committee of
the Senate like the Blue Ribbon Committee from
NOTE: The purpose of accommodations is to remove a
requiring a person to appear before it when it is
burden on, or facilitate the exercise of, a person’s or
conducting investigation in aid of legislation?
institution’s religions.
A: NO. The RTC or any court may not do so because that
SEPARATION OF POWERS
would be violative of the principle of separation of
powers. The principle essentially means that legislation
Doctrine of Separation of Powers (2003, 2009, 2010 belongs to Congress, execution to the Executive and
Bar) settlement of legal controversies to the Judiciary. Each is
prevented from invading the domain of the others.
Legislation belongs to the Congress, implementation to (Senate Blue Ribbon Committee v. Majaducon, G.R. No.
the executive, and settlement of legal controversies and 136760, July 29, 2003)
adjudication of rights to the judiciary. Each is therefore ---
prevented from invading the domain of the others. ---
Q: The Panel of Prosecutors issued a joint resolution
Purposes of Separation of Powers based on the affidavits of Kenny Dalandag, charging
several individuals with multiple murder in relation
1. Secure action; to the Maguindanao massacre. Kenny Dalandag was
2. Forestall over-action;
3. Prevent despotism; and
4. Obtain efficiency.
guaranteed by the Constitution. (Belgica v. Ochoa, G.R. in a manner that would give effect to their letter and
No. 208566, Nov. 19, 2013) spirit, especially when the law is clear as to its intent and
--- purpose. Succinctly put, the Court should shy away from
--- encroaching upon the primary function of a co-equal
Q: Amog was elected Congressman. Before the end of branch of the Government; otherwise, this would lead to
her first year in office, she inflicted physical injuries an inexcusable breach of the doctrine of separation of
on a colleague, Camille Gonzales, in the course of a powers by means of judicial legislation. (Corpuz v. People,
heated debate. Charges were filed in court against G.R. No. 180016, April 29, 2014)
her as well as in the House Ethics Committee. Later, ---
the HoR, dividing along party lines, voted to expel
her. Claiming that her expulsion was railroaded and CHECKS AND BALANCES
tainted by bribery, she filed a petition seeking a
declaration by the SC that the House gravely abused Principle of Checks and Balances
its discretion and violated the Constitution. She
prayed that her expulsion be annulled and that she Allows one department to resist encroachments upon its
should be restored by the Speaker to her position as prerogatives or to rectify mistakes or excesses
Congressman. Is Avi Amog’s petition before the committed by the other departments.
Supreme Court justiciable?
Executive check on the other two branches
A: NO. The petition is not justiciable because as stated in
Alejandrino v. Quezon, et al. (46 Phil. 83), the Supreme EXECUTIVE CHECK
Court held that it could not compel the Senate to Legislative Judiciary
reinstate a Senator who assaulted another Senator and
- Through its power of pardon, it
was suspended for disorderly behavior, because it could
may set aside the judgment of
not compel a separate and co-equal department to take Through its
the judiciary.
any particular action. In Osmeña v. Pendatun (109 Phil. veto power
- Also by power of appointment
863), it was held that the Supreme Court could not
– power to appoint members of
interfere with the suspension of a Congressman for
the Judiciary.
disorderly behavior, because the House of
Representatives is the judge of what constitutes
disorderly behavior. The assault of a fellow Senator Legislative check on the other two branches
constitutes disorderly behavior. However, under Sec. 1,
Art. VIII of the 1987 Constitution, the Supreme Court LEGISLATIVE CHECK
may inquire whether or not the decision to expel Executive Judiciary
AviAmog is tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction. Revoke or amend the
--- decisions by either:
--- - Enacting a new law
Override the veto of the - Amending the old law,
Q: Paul Martin was convicted of estafa. When his case
President giving it certain
reached the Supreme Court, some Justices proposed
to alter the penalties provided for under RPC on the definition and
basis of the ratio of P1.00 to P100.00, believing that interpretation different
it is not fair to apply the range of penalties, which from the old.
was based on the value of money in 1932, to crimes Impeachment of SC
Reject certain
committed at present. However, other justices members
appointments made by
opposed the said proposal for it amounts to judicial
the president
legislation. Is the opposition correct?
A: YES. The opposition is correct because the Court Define, prescribe, apportion
cannot modify the said range of penalties because that Revoke the jurisdiction of lower courts:
would constitute judicial legislation. What the proclamation of martial - Prescribe the
legislature's perceived failure in amending the penalties law or suspension of qualifications of lower
provided for in the said crimes cannot be remedied the privilege of the writ court judges
through this Court's decisions, as that would be of habeas corpus - Impeachment
encroaching upon the power of another branch of the - Determination of
government. salaries of judges.
Impeachment
Verily, the primordial duty of the Court is merely to
apply the law in such a way that it shall not usurp Determine the salaries
legislative powers by judicial legislation and that in the of the president or vice
course of such application or construction, it should not president
make or supervise legislation, or under the guise of
interpretation, modify, revise, amend, distort, remodel,
or rewrite the law, or give the law a construction which
is repugnant to its terms. The Court should apply the law
XPN: Doctrine of Necessary Implication (2010 Bar) GR: A delegated power cannot be re-delegated.
Exercise of the power may be justified in the absence of
an express conferment, because the grant of express NOTE: Delegated power constitutes not only a right but a
power carried with it all other powers that may be duty to be performed by the delegate through the
reasonably inferred from it. instrumentality of his own judgment and not through the
intervening mind of another.
---
Q: An appropriations law granting the legislators XPNs: Permissible delegations: (PETAL)
lump-sum funds in which they have full discretion on 1. Delegation to the People through initiative and
what project it would fund and how much the project referendum. (1987 Constitution, Art. VI, Sec. 1)
would cost, was passed. Is such law unconstitutional? 2. Emergency powers delegated by Congress to the
President. [1987 Constitution, Art. VI, Sec. 23(2)]
A: NO. The appropriations merely provide for a singular
lump-sum amount to be tapped as a source of funding for Requisites:
multiple purposes. It necessitates further determination a. There must be war or other national
of both the actual amount to be expended and the actual emergency;
purpose which must still be chosen from the multiple b. The delegation is for a limited period only;
purposes stated in the law, such appropriation law does c. Delegation is subject to restrictions as Congress
not indicate a "specific appropriation of money" and may prescribe; and
hence, without a proper line-item which the President d. Emergency powers must be exercised to carry a
may veto. national policy declared by Congress.
3. Congress may delegate Tariff powers to the
This setup connotes that the appropriation law leaves President [1987 Constituion, Art. VI, Sec. 28 (2)]
the actual amounts and purposes of the appropriation
for further determination and, therefore, does not NOTE: The Tariff and Customs Code is the enabling law
readily indicate a discernible item which may be subject that grants such powers to the President. Power to
to the President’s power of item veto. impose tariffs in the first place is not inherent in the
President but arises only from congressional grant.
Also, the fact that individual legislators are given post-
enactment roles in the implementation of the budget 4. Delegation to Administrative bodies– Also known as
makes it difficult for them to become disinterested the power of subordinate legislation/ quasi-
"observers" when scrutinizing, investigating or legislative powers.
monitoring the implementation of the appropriation law.
To a certain extent, the conduct of oversight would be NOTE: Congress can only delegate rule-making power to
tainted as said legislators, who are vested with post- administrative agencies. It is the authority vested by
enactment authority, would, in effect, be checking on Congress to the administrative bodies to “fill in the
activities in which they themselves participate. (Belgica details” which Congress cannot provide due to lack of
v. Ochoa, G.R. No. 208566, Nov. 19, 2013) opportunity or competence. This includes the making of
--- supplementary rules and regulations. They have the
--- force and effect of law.
Q: Can the Commission on Audit (COA) interfere with
the manner of availing retirement privilege of 5. Delegation to Local Governments – the grant of
Judiciary? authority to prescribe local regulations.
Tests to determine whether the delegation of
A: NO. Any kind of interference on how retirement legislative power is valid (2005, 2016 Bar)
privileges and benefits are exercised and availed of not
only violates the fiscal autonomy and independence of a. Completeness Test – The law must be complete in
the Judiciary, but also encroaches upon the all essential terms and conditions when it leaves
constitutional duty and privilege of the Chief Justice and the legislature so that there will be nothing left
the Supreme Court En Banc to manage the Judiciary’s
own affairs. The use of the formula provided in
Constitutional Fiscal Autonomy Group (CFAG) Joint
Invalid delegation of legislative power A: NO. There is no undue delegation of judicial power to
barangay officials with respect to the authority to issue
If there are gaps that will prevent its enforcement, the BPO. The BPO issued by the Punong Barangay or, in his
delegate is given the opportunity to step into the shoes unavailability, by any available Barangay Kagawad,
of the legislature and exercise discretion in order to merely orders the perpetrator to desist from (a) causing
repair the omissions. physical harm to the woman or her child; and (b)
threatening to cause the woman or her child physical
NOTE: This is tantamount to an abdication of power in harm. Such function of the Punong Barangay is, thus,
favor of the delegate, which is in violation of the doctrine purely executive in nature, in pursuance of his duty
of separation of powers. under the Local Government Code to "enforce all laws
and ordinances," and to "maintain public order in the
--- barangay." (Garcia v. Drilon, G.R. No. 179267, June 25,
Q: A law, which delegated some appropriation 2013)
powers to the President, was passed. The law ---
contains provisions such as “and for such other
purposes as may be hereafter directed by President’s authority to declare a state of national
the President” and “to finance the emergency vs. President’s authority to exercise
priority infrastructure development projects and to emergency powers
finance the restoration of damaged or destroyed
facilities due to calamities, as may be directed DECLARE A EXERCISE
and authorized by the Office of the President of the STATE OF EMERGENCY POWERS
Philippines.” Are the provisions valid? BASIS
NATIONAL
EMERGENCY
A: NO. These provisions constitute an undue delegation
of legislative power insofar as it does not lay down a Granted by the Requires a
sufficient standard to adequately determine the limits of Constitution, no delegation from
the President’s authority with respect to the purpose for legitimate Congress. (David v.
which the law may be used (sufficient standard test). It Source of objection can GMA G.R. No.
gives the President wide latitude to use the funds for any Authority be raised. 171396, May 3,
other purpose he may direct and, thus, allows him 2006)
to unilaterally appropriate public funds beyond the NOTE: Not
purview of the law. mandatory on
Congress.
The law does not supply a definition of “priority
infrastructure development projects” and hence, leaves
the President without any guideline to construe the
same. Thus, the phrase “to finance the priority
infrastructure development projects”, being too
broad, must be stricken down as unconstitutional since it
lies independently unfettered by any sufficient standard
of the delegating law. (Belgica v. Ochoa, G.R. No. 208566,
Nov. 19, 2013)
---
Revolutio Not
As to
nary in revolutionary
character
character. in character.
Composition of the HoR (2002, 2007 Bar) Effect of change in party affiliation to the
upcoming elections
DISTRICT PARTY-LIST
REPRESENTATIVE REPRESENTATIVE
A change in affiliation A change in affiliation
As to who will vote within months prior to within 6 months prior to
election does not election prohibits the
prevent a district party-list representative
Elected by the Elected nationally (those representative from from listing as
constituents of his garnering at least 2% of all running under his new representative under his
respective district. votes cast for the party-list party. new party or organization.
system are entitled to 1 seat,
which is increased
according to proportional DISTRICT REPRESENTATIVES AND QUESTIONS OF
representation, but is in no APPORTIONMENT
way to exceed 3 seats per
organization.) District representatives
National and regional parties or organizations are 1. Three different groups may participate:
different from sectoral parties or organizations. National a. National;
and regional parties or organizations need not be b. Regional; and
organized along sectoral lines and need not represent c. Sectoral parties or organizations.
any particular sector.
2. National parties or organizations and regional
The party-list system is not solely for the benefit of parties or organizations do not need to organize
sectoral parties along sectoral lines and do not need to
represent any "marginalized and
Sec. 5(1), Art. VI of the Constitution is crystal-clear that underrepresented" sector.
there shall be “a party-list system of registered national,
regional, and sectoral parties or organizations.” The 3. All political parties must register under the party-
commas after the words “national (,)” and “regional (,)” list system and do not field candidates in
separate national and regional parties from sectoral legislative district elections.
parties. Had the framers of the 1987 Constitution A political party, whether major or not, that
intended national and regional parties to be at the same fields candidates in legislative district elections
time sectoral, they would have stated “national and can participate in party-list elections only
regional sectoral parties.” They did not, precisely through its sectoral wing that must
because it was never their intention to make the party- separately register under the party-list system.
list system exclusively sectoral. National and regional The sectoral wing is by itself an independent
parties are separate from sectoral parties and need not sectoral party; it is linked to a political party
be organized along sectoral lines nor represent any through a coalition. (2015 Bar)
particular sector. (Atong Paglaum v. COMELEC, G.R. No.
203766, April 2, 2013) 4. Sectoral parties or organizations may either be
“marginalized and underrepresented” or
National and Regional parties need not represent the lacking in “well-defined political
“marginalized and underrepresented” sectors constituencies.” It is enough that their principal
advocacy pertains to the special interests and
To require all national and regional parties under the concerns of their sector.
party-list system to represent the “marginalized and
underrepresented” is to deprive and exclude, by judicial NOTE: Those “marginalized and underrepresented”
fiat, ideology-based and cause-oriented parties from the include labor, peasant, fisherfolk, urban poor,
party-list system. To exclude them from the party-list indigenous cultural communities, handicapped,
system is to prevent them from joining the veterans, and overseas workers. (LUV-OF-HIP)
parliamentary struggle, leaving as their only option
armed struggle. To exclude them from the party-list Those lacking in “well-defined political
system is, apart from being obviously senseless, patently constituencies” include professionals, the elderly,
contrary to the clear intent and express wording of the women, and the youth. (PEWY)
1987 Constitution and RA 7941. (Atong Paglaum v.
COMELEC, ibid.) 5. A majority of the members of sectoral parties or
1st sentence of Sec. 13, 2nd sentence of If he does so, he forfeits his
Art.VI Sec. 13, Art. seat. (1987 Constitution, Art.
VI VI, Sec. 13)
The 30-day period prescribed before the opening of the Thus, the order of suspension in the Anti-Graft Law is
next regular session, excluding Saturdays, Sundays, and distinct from the power of the Congress under the
legal holidays. This is the minimum period of recess and Constitution to discipline its own ranks. (De Venecia Jr., v.
may be lengthened by the Congress in its discretion. It Sandiganbayan, G.R. No. 130240, Feb. 5, 2002)
may, however, be called in special session at any time by
the President. (1987 Constitution, Art. VI, Sec. 15) ELECTORAL TRIBUNAL
(1990, 1996, 1998, 2002, 2006 Bar)
Rule on Adjournment
Composition of the Electoral Tribunal (ET)
Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than 3 1. 3 Supreme Court Justices designated by the Chief
days, nor to any other place than that in which the two Justice;
Houses shall be sitting. (1987 Constitution, Art. VI, Sec. 16, 2. 6 members of the Chamber concerned (Senate or
par. 5) HoR) chosen on the basis of proportional
representation from the political parties and
Adjournment sine die parties registered under the party-list system.
(1987 Constitution, Art. VI, Sec. 17)
An interval between the session of one Congress and that
of another. NOTE: The senior Justice in the Electoral Tribunal shall
be its chairman.
DISCIPLINE OF MEMBERS
Jurisdiction of the ETs
Disciplinary power of Congress
Each electoral tribunal shall be the sole judge of all
Each house may punish its members for disorderly contests relating to the election, returns, and
behavior and, with concurrence of 2/3 of all its qualifications of their respective members (1987
members, suspend, for not more than 60 days, or expel a Constitution, Art. VI, Sec. 17). This includes determining
member. (1987 Constitution, Art. VI, Sec. 16, par. 3) the validity or invalidity of a proclamation declaring a
(1993, 2002 Bar) particular candidate as the winner. Each ET is also
vested with rule-making power. (Lazatin v. HRET, G.R.
Determination of disorderly behavior No. L-84297, Dec. 8, 1988)
It is the prerogative of the House concerned and cannot NOTE: It is independent of the Houses of Congress and
be judicially reviewed. (Osmeña v. Pendatun, G.R. No. L- its decisions may be reviewed by the Supreme Court only
17144, Oct. 28, 1960) upon showing of grave abuse of discretion.
NOTE: Members of Congress may also be suspended by Electoral contest
the Sandiganbayan or by the Office of the Ombudsman.
The suspension in the Constitution is different from the Where a defeated candidate challenges the qualification
suspension prescribed in RA 3019 (Anti-Graft and and claims for himself the seat of the proclaimed winner.
Corrupt Practices Act). The latter is not a penalty but a
A: NO. Gemma cannot be considered a Member of the A: NO. While the COMELEC correctly dismissed the
House of Representatives because, primarily, she has not Petition to expel petitioner Lico from the House of
yet assumed office. The jurisdiction of the HRET begins Representatives for being beyond its jurisdiction, it
only after the candidate is considered a Member of the nevertheless proceeded to rule upon the validity of his
House of Representatives, as stated in Art. VI, Sec. 17 of expulsion from Ating Koop – a matter beyond its
the 1987 Constitution. To be considered a Member of the purview. Without legal basis, however, is the action of
House of Representatives, there must be a concurrence the COMELEC in upholding the validity of the expulsion
of the following requisites: (1) a valid proclamation, (2) a of petitioner Lico from Ating Koop, despite its own ruling
proper oath, and (3) assumption of office. that the HRET has jurisdiction over the disqualification
issue. These findings already touch upon the
The term of office of a Member of the House of qualification requiring a party-list nominee to be a bona
Representatives begins only “at noon on the thirtieth day fide member of the party-list group sought to be
of June next following their election.” Thus, until such represented. The petition for Lico's expulsion from the
time, the COMELEC retains jurisdiction. Consequently, House of Representatives is anchored on his expulsion
before there is a valid or official taking of the oath it must from Ating Koop, which necessarily affects his title as
1. Heads of the Executive departments XPN: Vice- 1. General plenary power (Art. VI, Sec. 1)
President who is appointed to the post 2. Specific power of appropriation
2. Ambassadors, other public ministers, or consuls 3. Taxation and expropriation
3. Officers of the AFP from the rank of colonel or 4. Legislative investigation
naval captain 5. Question hour
4. Other officers whose appointments are vested in
him by the Constitution (i.e. COMELEC members, Doctrine of Shifting Majority
etc.)
For each House of Congress to pass a bill, only the votes
NOTE: The enumeration is exclusive. of the majority of those present in the session, there
being a quorum, is required.
Rules on voting
Rules regarding the passage of bills
1. The CA shall rule by a majority vote of all the
members. 1. No bill passed by either House shall become a law
2. The chairman shall only vote in case of tie. unless it has passed 3 readings on separate days.
3. The CA shall act on all appointments within 30 2. Printed copies of the bill in its final form should be
session days from their submission to Congress. distributed to the Members 3 days before its
(1987 Constitution, Art. VI, Sec. 18) passage
3. Upon the last reading of a bill, no amendment
Limitations in the confirmation of appointment thereto shall be allowed.
4. The vote on the bill shall be taken immediately
1. Congress cannot by law prescribe that the after the last reading of a bill.
appointment of a person to an office created by 5. The yeas and the nays shall be entered in the
such law be subject to confirmation by the Journal.
Commission.
2. Appointments extended by the President to the XPN: The certification of the President, due to the
above-mentioned positions while Congress is not necessity of its immediate enactment to meet a public
in session shall only be effective until disapproval calamity or emergency, dispenses with the reading on
by the Commission or until the next adjournment separate days and the printing of the bill in the final form
of Congress. (Sarmiento III, v. Mison, G.R. No. L- before its final approval. (Tolentino v. Secretary of
79974, Dec. 17, 1987) Finance, G.R. No. 115455, Oct. 30, 1995)
Guidelines in the meetings of the Commission on Instances when a bill becomes a law (1991, 1993,
Appointments 1996 Bar)
1. Meetings are held either at the call of the Chairman 1. Approved and signed by the President
or a majority of all its members. 2. Presidential veto overridden by 2/3 vote of all
2. Since the Commission is also an independent members of both Houses
constitutional body, its rules of procedure are also 3. Failure of the President to veto the bill and to
outside the scope of congressional powers as well return it with his objections to the House where it
as that of the judiciary. (Bondoc v. Pineda, G.R. No. originated, within 30 days after the date of receipt
97710, Sept. 26, 1991) 4. A bill calling a special election for President and
Vice-President under Sec. 10. Art. VII becomes a
NOTE: The ET and the CA shall be constituted within 30 law upon its approval on the third reading and
days after the Senate and the HoR shall have been final reading.
organized with the election of the Senate President and
the Speaker of the House. LEGISLATIVE INQUIRIES AND OVERSIGHT
FUNCTIONS
1. The persons appearing in or affected by such There are a number of cases already pending in various
legislative inquiries shall be respected. courts and administrative bodies involving Standard
2. The Rules of procedures to be followed in such Chartered Bank, relative to the alleged sale of
inquiries shall be published for the guidance of unregistered foreign securities. There is a resemblance
those who will be summoned. This must be strictly between this case and Bengzon. However, the similarity
followed so that the inquiries are confined only to ends there.
the legislative purpose and to avoid abuses.
3. The investigation must be in aid of legislation. Central to the Court’s ruling in Bengzon – that the Senate
4. Congress may not summon the President as Blue Ribbon Committee was without any constitutional
witness or investigate the latter in view of the mooring to conduct the legislative investigation – was
doctrine of separation of powers except in the Court’s determination that the intended inquiry was
impeachment cases. not in aid of legislation. The Court found that the
speech of Senator Enrile, which sought such
NOTE: It is the President’s prerogative, whether to investigation, contained no suggestion of any
divulge or not the information, which he deems contemplated legislation; it merely called upon the
confidential or prudent in the public interest. Senate to look into possible violations of Sec. 5, RA No.
3019. Thus, the Court held that the requested probe
5. Congress may no longer punish the witness in failed to comply with a fundamental requirement of Sec.
contempt after its final adjournment. The basis of 21, Art. VI.
the power to impose such penalty is the right to
self-preservation. And such right is enforceable Unfortunately for SCB, this distinguishing factual milieu
only during the existence of the legislature. (Lopez in Bengzon does not obtain in the instant case. The
v. Delos Reyes, G.R. No. L-34361, Nov. 5, 1930) unmistakable objective of the investigation, as set forth
6. Congress may no longer inquire into the same in the said resolution, exposes the error in SCB’s
justiciable controversy already before the court. allegation that the inquiry, as initiated in a privilege
(Bengzon v. Senate Blue Ribbon Committee, G.R. No. speech by the very same Senator Enrile, was simply “to
89914, Nov. 20, 1991) denounce the illegal practice committed by a foreign
bank in selling unregistered foreign securities.” This
--- fallacy is made more glaring when we consider that, at
Q: Sen. Jogie Querots accused the Vice Chairman of the conclusion of his privilege speech, Senator urged the
the Standard Chartered Bank (SCB) of violating the Senate “to immediately conduct an inquiry, in aid of
Securities Regulation Code for selling unregistered legislation, so as to prevent the occurrence of a
foreign securities. This has led the Senate to conduct similar fraudulent activity in the future”. (Standard
investigation in aid of legislation. SCB refused to Chartered Bank v. Senate, G.R. No. 167173, Dec. 27, 2007)
attend the investigation proceedings on the ground
that criminal and civil cases involving the same Contempt powers of Congress
issues were pending in courts. Decide.
Even if the Constitution only provides that Congress may
A: The mere filing of a criminal or administrative punish its members for disorderly behavior or expel the
complaint before a court or a quasi-judicial body should same, it is not an exclusion of power to hold other
not automatically bar the conduct of legislative persons in contempt.
investigation. Otherwise, it would be extremely easy to
subvert any intended inquiry by Congress through the
The phrase “duly published rules of procedure” requires There is no debate that the Senate as an institution is
the Senate of every Congress to publish its rules of "continuing", as it is not dissolved as an entity with each
procedure governing inquiries in aid of legislation national election or change in the composition of its
because every Senate is distinct from the one before it or members. However, in the conduct of its day-to-day
after it. (Garcillano v. HoR Committee on Public business the Senate of each Congress acts separately and
Information, G.R. No. 170338, Dec. 23, 2008) independently of the Senate of the Congress before it.
Invalidity of Publication in the Internet Undeniably, all pending matters and proceedings, i.e.
unpassed bills and even legislative investigations, of the
The Electronic Commerce Act of 2009 merely recognizes Senate of a particular Congress are considered
the admissibility in evidence of electronic data messages terminated upon the expiration of that Congress and it is
and/or documents. It does not make the internet a merely optional on the Senate of the succeeding
medium for publishing laws, rules and regulations. Congress to take up such unfinished matters, not in the
(Garcillano v. HoR Committee on Public Information, ibid.) same status, but as if presented for the first time. The
logic and practicality of such a rule is readily apparent
Publication of the internal rules of Congress considering that the Senate of the succeeding Congress
(which will typically have a different composition as that
The Constitution does not require publication of the of the previous Congress) should not be bound by the
internal rules of the House or Senate. Since rules of the acts and deliberations of the Senate of which they had no
House or Senate affect only their members, such rules part (Neri v. Senate Committee, GR. No. 180643, Sept. 4,
need not be published, unless such rules expressly 2008).
provide for their publication before the rules can take
effect. (Pimentel v. Senate Committee of the Whole, G.R. THE BICAMERAL CONFERENCE COMMITTEE
No. 187714, March 8, 2011)
Purpose of the Bicameral Conference Committee
---
Q: During a hearing of the Senate Committee of the In a bicameral system, bills are independently processed
Whole, some proposed amendments to the Rules of by both Houses of Congress. It is not unusual that the
the Ethics Committee that would constitute the Rules final version approved by one House differs from what
of the Senate Committee of the Whole were adopted. has been approved by the other.
Senator Sonia raised as an issue the need to publish
the proposed amended Rules of the Senate The “conference committee,” consisting of members
Committee of the Whole, as directed by the amended nominated from both Houses, is an extra-constitutional
Rules itself. However, the Senate Committee of the creation of Congress whose function is to propose to
Whole proceeded without publication of the Congress ways of settling, reconciling or threshing out
amended Rules. Is the publication of the Rules of the conflicting provisions found in the Senate version and in
Senate Committee of the Whole required for their the House version of a bill. (Opinion of J. Callejo, Sr.,
effectivity? ABAKADA v. Ermita, G.R. No. 168056, Sept. 1, 2005)
To reconcile or harmonize disagreeing provisions, the NOTE: During the First Reading, only the title of the bill
Bicameral Conference Committee may then (a) adopt the is read, then it is passed to the proper committee for
specific provisions of either the House bill or Senate bill, study. On the Second Reading, the entire text is read,
(b) decide that neither provisions in the House bill or the and debates and amendments are held. On the Third
provisions in the Senate bill would be carried into the Reading, only the title is read, and votes are taken
final form of the bill, and/or (c) try to arrive at a immediately thereafter.
compromise between the disagreeing provisions.
One bill-one subject rule
Thus, the changes made by the Bicameral Conference
Committee in the versions passed by the Senate and Every bill passed by the Congress shall embrace only one
House of the RVAT Law such as the inclusion of the subject. The subject shall be expressed in the title of the
stand-by authority of the President, omission of the no bill. This rule is mandatory.
pass-on provision included in both Senate and House
versions, inclusion of provisions on other kinds of taxes NOTE: The purposes of such rule are:
and VAT only found in the Senate bill are valid. (Escudero 1. To prevent hodgepodge or log-rolling legislation;
v. Purisima, G.R. No. 168463, Sept. 1, 2005; ABAKADA v. 2. To prevent surprise or fraud upon the legislature;
Ermita, GR 168056, Sept. 1, 2005) and
3. To fairly apprise the people of the subjects of
LIMITATIONS ON LEGISLATIVE POWER legislation. (Central Capiz v. Ramirez, G.R. No.
16197, March 12, 1920)
Substantive
a) Express: Determination of the sufficiency of the title
a. Bill of Rights (1987 Constitution, Art. III)
b. On Appropriations [1987 Constitution, Art. VI, It suffices if the title should serve the purpose of the
Secs. 25 and 29(1&2)] constitutional demand that it informs the legislators, the
c. On Taxation (1987 Constitution, Art. VI, Secs. 28 persons interested in the subject of the bill, and the
and 29, par. 3) public, of the nature, scope and consequences of the
d. On Constitutional appellate jurisdiction of SC proposed law and its operation; thus, prevent surprise or
(1987 Constitution, Art. VI, Sec. 30) fraud upon the legislators.
e. No law granting a title of royalty or nobility
shall be enacted (1987 Constitution, Art. VI, Sec. Test: Whether or not it is misleading; either in referring
31). to or indicating one subject where another or different
f. No specific funds shall be appropriated or paid one is really embraced in the act, or in omitting any
for use or benefit of any religion, sect, etc., expression or indication of the real subject or scope of
except for priests, etc., assigned to AFP, penal the act. (Lidasan v. COMELEC, G.R. No. L-28089, Oct. 25,
institutions, etc. (1987 Constitution, Art. VI, Sec. 1967)
29[2])
b) Implied: Number of readings before becoming a law (1996
a. Prohibition against irrepealable laws Bar)
b. Non-delegation of powers
XPNs to Non-Delegation Doctrine:
Constitutional limitations on special appropriations NOTE: The proposed budget is not final. The President
measures may propose the budget but still the final say on the
matter of appropriation is lodged in the Congress.
1. Must specify public purpose for which the sum was (Philippine Constitution Association v. Enriquez, G.R. No.
intended; 113105, Aug. 19, 1994)
2. Must be supported by funds actually available as
certified by the National Treasurer or to be raised Modification of Congress of the budget proposal
by corresponding revenue proposal therein. [1987
Constitution, Art. VI, Sec. 25(4)] Congress may only reduce but not increase the budget.
Constitutional rules on General Appropriations Laws Each legislator cannot exercise the appropriation
power of the Congress
1. Congress may not increase appropriations
recommended by the President for the operations Legislative power shall be exclusively exercised by the
of the government; body to which the Constitution has conferred the same.
2. Form, content and manner of preparation of The power to appropriate must be exercised only
budget shall be provided by law; through legislation, pursuant to Sec. 29(1), Art. VI of the
3. No provision or enactment shall be embraced in Constitution. (Belgica v. Ochoa, G.R. No. 208566, Nov. 19,
the bill unless it releases specifically to some 2013)
particular appropriations therein;
4. Procedure for approving appropriations for ---
Congress shall be the same as that of other Q: The budget of a predominantly Muslim province
departments in order to prevent sub-rosa provides the Governor with a certain amount as his
appropriations by Congress; and discretionary funds. Recently, however, the
5. Prohibition against transfer of appropriations. Sangguniang Panlalawigan passed a resolution
Nonetheless, the following may, by law, be appropriating P100,000 as a special discretionary
authorized to augment any item in the general fund of the Governor, to be spent by him in leading a
appropriations law for their respective offices from pilgrimage of his province mates to Mecca, Saudi
savings in other items of their respective Arabia, Islam's holiest city.
appropriations (Doctrine of Augmentation):
a. President Philconsa, on constitutional grounds, has filed suit to
b. Senate President nullify the resolution of the Sangguniang
c. Speaker of the HoR Panlalawigan giving the special discretionary fund to
d. Chief Justice the Governor for the stated purpose. How would you
e. Heads of Constitutional Commissions; decide the case? Give your reasons.
6. Prohibitions against appropriations for sectarian
benefit; and A: The resolution is unconstitutional because:
7. Automatic re-appropriation – If, by the end of any
fiscal year, the Congress shall have failed to pass 1. It violates Art. VI, Sec. 29(2) which prohibits the
the general appropriations bill for the ensuing appropriation of public money or property, directly
fiscal year, the general appropriations law for the or indirectly, for the use, benefit or support of any
preceding fiscal year shall be deemed reenacted system of religion;
and shall remain in force and effect until the 2. It contravenes Art. VI, Sec. 25(6) which limits the
general appropriations bill is passed by the appropriation of discretionary funds only for public
Congress (1987 Constitution, Art. VI, Sec. 25[7]). purposes; and
Ratio: For the purpose of preventing the 3. It constitutes a clear violation of the Non-
disruption in government operations and establishment Clause of the Constitution
unauthorized disbursement of funds
GR: If the President disapproves a bill enacted by A provision in a bill which does not relate to a particular
Congress, he should veto the entire bill. He is not allowed appropriation stated in the bill. Since it is an invalid
to veto separate items of a bill. provision under Art. VI, Sec. 25[2], the President may
veto it as an item.
XPN: Item-veto is allowed in case of Appropriation,
Revenue, and Tariff bills [1987 Constitution, Art. VI, Sec. Congressional override
27(2)] (1991, 2010 Bar)
If, after reconsideration, 2/3 of all members of such
XPNs to the XPN: House agree to pass the bill, it shall be sent to the other
1. Doctrine of inappropriate provisions – A House by which it shall likewise be reconsidered and if
provision that is constitutionally inappropriate approved by 2/3 of all members of that House, it shall
for an appropriation bill may be singled out for become a law without the need of presidential approval.
veto even if it is not an appropriation or
revenue item. (Gonzales v. Macaraig, G.R. No. NON-LEGISLATIVE POWERS
87636, Nov. 19, 1990)
2. Executive impoundment – Refusal of the Non-legislative powers of Congress
President to spend funds already allocated by
Congress for specific purpose. It is the failure to 1. Power to declare the existence of state of war
spend or obligate budget authority of any type. (1987 Constitution, Art. VI, Sec. 23, Par. 1)
(Philconsa v. Enriquez, G.R. No. 113105, Aug. 19, 2. Power to act as Board of Canvassers in election of
1994) President (1987 Constitution, Art. VII, Sec. 10)
3. Power to call a special election for President and
--- Vice-President (1987 Constitution, Art. VII, Sec. 10)
Appropriation Item or Line-item 4. Power to judge President’s physical fitness to
discharge the functions of the Presidency (1987
An indivisible sum of money dedicated to a stated Constitution, Art. VII, Sec. 11)
purpose. It is indivisible because the amount cannot be 5. Power to revoke or extend suspension of the
divided for any purpose other than the specific purpose privilege of the writ of habeas corpus or
stated in the item. It is an item, which, in itself, is a declaration of martial law (1987 Constitution, Art.
specific appropriation of money, not some general VII, Sec. 18)
provision of law, which happens to be put into an 6. Power to concur in Presidential amnesties.
appropriation bill. Concurrence of majority of all the members of
Congress (1987 Constitution, Art. VII, Sec. 19)
An item of appropriation must be an item characterized 7. Power to concur in treaties or international
by singular correspondence – meaning an allocation of a agreements; concurrence of at least 2/3 of all the
specified singular amount for a specified singular members of the Senate (1987 Constitution, Art. VII,
purpose, otherwise known as a "line-item.". (Araullo v. Sec. 21)
Aquino III, G.R. No. 209287, July 1, 2014) 8. Power to confirm certain appointments/
nominations made by the President (1987
--- Constitution, Art. VII, Secs. 9 and 16)
9. Power of Impeachment (1987 Constitution, Art. XI,
NOTE: For the President to exercise his item-veto power, Sec. 2)
it is necessary that there exists a proper "item" which 10. Power relative to natural resources
may be the object of the veto. Consequently, to ensure (1987 Constitution, Art. XII, Sec. 2)
that the President may be able to exercise said power, 11. Power of internal organization (1987 Constitution,
the appropriations bill must contain "specific Art. VI, Sec. 16)
appropriations of money" and not only "general a. Election of officers
provisions" which provide for parameters of b. Promulgate internal rules
appropriation. (Araullo v. Aquino III, ibid.) c. Disciplinary powers
12. Informing Function
Instances of pocket veto (2010 Bar)
Congressional grant of emergency powers to the
1. When the President fails to act on a bill; and President (2010 Bar)
2. When the reason he does not return the bill to the
Congress is that Congress is not in session. Under Art. VI, Sec. 23(2), Congress may grant the
President emergency powers subject to the following
Pocket veto is NOT applicable in the Philippines conditions: (WaLiReN)
because inaction by the President for 30 days never 1. There is a War or other national emergency;
Informing function of Congress NOTE: Vice-President shall have the same qualifications
and term of office and be elected with, and in the same
The informing function of the legislature includes its manner, as the President. He may be removed from
function to conduct legislative inquiries and office in the same manner as the President. (1987
investigation and its oversight power. Constitution, Art. VII, Sec. 3)
PRESIDENTIAL IMMUNITY
EXECUTIVE DEPARTMENT
Presidential or executive immunity
Head of the Executive Department The President is immune from suit during his
incumbency.
The President is both the head of State and head of
government; hence, executive power is exclusively Rules on executive immunity
vested on him.
A. Rules on immunity DURING tenure (not term):
Qualifications of the President 1. The President is immune from suit during his
tenure. (In re: Bermudez, G.R. No. 76180, Oct. 24,
1. Natural-born citizen of the Philippines; 1986)
2. A registered voter; 2. An impeachment complaint may be filed against
3. Able to read and write; him during his tenure. (1987 Constitution, Art. XI)
4. At least forty years of age on the day of the 3. The President may not be prevented from
election; and instituting suit. (Soliven v. Makasiar, G.R. No. 82585,
5. A resident of the Philippines for at least ten years Nov. 14, 1988)
immediately preceding such election. (1987 4. There is nothing in our laws that would prevent
Constitution, Art. VII, Sec. 2) the President from waiving the privilege. He may
shed the protection afforded by the privilege.
Term of Office of the President (Soliven v. Makasiar, ibid.)
5. Heads of departments cannot invoke the
1. The President shall be elected by direct vote of the President’s immunity. (Gloria v. CA, G.R. No.
people for a term of 6 years which shall begin at 119903, Aug. 15, 2000)
noon on the 30th day of June next following the day
of the election and shall end at noon of the same B. Rule on immunity AFTER tenure:
date, 6 years thereafter.
It is the power of the President and high-level executive Requirements in invoking the privilege
branch officers to withhold certain types of information
from Congress, the courts, and ultimately the public. 1. There must be a formal claim of the privilege; and
2. The claim has specific designation and description
Invocation of the privilege of the documents within its scope and with the
precise and certain reasons for preserving their
It must be invoked in relation to specific categories of confidentiality.
information and not to categories of persons.
Reason: Without this specificity, it is impossible for a
NOTE: A claim of the executive privilege may be valid or court to analyze the claim short of disclosure of the very
not depending on the ground invoked to justify it and the thing sought to be protected.
context in which it is made. Noticeably absent is any
recognition that executive officials are exempt from the NOTE: Congress, however, must not require the
duty to disclose information by the mere fact of being Executive to state the reasons for the claim with such
executive officials. (Senate v. Ermita, G.R. No. 169777, particularity as to compel disclosure of the information,
April 20, 2006) which the privilege is meant to protect. (Senate v. Ermita,
ibid.)
Consequently, in case where the privilege is invoked
through executive orders (EOs) prohibiting executive Limitation of executive privilege
officials from participating in legislative inquiries, the
Court held that “to the extent that investigations in aid of Claim of executive privilege is subject to balancing
legislation are generally conducted in public, any against other interest. Simply put, confidentiality in
executive issuance tending to unduly limit disclosures of executive privilege is not absolutely protected by the
information in such investigations necessarily deprives Constitution. Neither the doctrine of separation of
the people of information which, being presumed to be powers nor the need for confidentiality of high-level
in aid of legislation, is presumed to be a matter of public communications can sustain an absolute, unqualified
concern. The citizens are thereby denied access to Presidential privilege of immunity from judicial process
information which they can use in formulating their own under all circumstances. (Neri v. Senate, G.R. No. 180643,
opinions on the matter before Congress— opinions March 25, 2008)
which they can then communicate to their
representatives and other government officials through EO 464 requiring all Executive department heads to
the various legal means allowed by their freedom of secure the consent of the President before appearing
expression.” (Senate v. Ermita, ibid.) (2009, 2010, 2015 in Question Hour is valid
Bar)
The requirement to secure presidential consent, limited
Persons who can invoke executive privilege as it is only to appearances in the question hour, is valid
on its face. For unlike inquiries in aid of legislation under
1. President Sec. 21, Art. VI of the Constitution where such
NOTE: Being an extraordinary power, the privilege appearance is mandatory, under Sec. 22, the appearance
must be wielded only by the highest official in the of department heads in the question hour is
executive department. Thus, the President may not discretionary on their part.
authorize her subordinates to exercise such power.
Dictated by the basic rule of construction that issuances
2. Executive Secretary, upon proper authorization must be interpreted, as much as possible, in a way that
from the President will render it constitutional, the said provision must be
NOTE: Executive Secretary must state that the construed as applicable only to appearances in question
authority is “By order of the President,” which hour under Sec. 22, not in inquiries in aid of legislation
means he personally consulted with the President. under Sec. 21. Congress is not bound in the latter
instance to respect the refusal of the department head to
Requirement if an official is summoned by Congress appear in such inquiry, unless a valid claim of privilege is
on a matter which in his own judgment might be subsequently made, either by the President herself or by
covered by executive privilege the Executive Secretary. (Senate v. Ermita, G.R. No.
169777, April 20, 2006)
He must be afforded reasonable time to inform the
President or the Executive Secretary of the possible need Kinds of executive privilege
for invoking the privilege, in order to provide the same
with fair opportunity to consider whether the matter 1. State secret privilege– Invoked by Presidents on the
indeed calls for a claim of executive privilege. If, after the ground that the information is of such nature that
lapse of that reasonable time, neither the President nor its disclosure would subvert crucial military or
the Executive Secretary invokes the privilege, Congress diplomatic objectives.
is no longer bound to respect the failure of the official to 2. Informer’s privilege– Privilege of the government
appear before Congress and may then opt to avail of the not to disclose the identity of persons who furnish
3. A Vacant position at the time of appointment; NOTE: The President has the power to temporarily
designate an officer already in the government service or
NOTE: The incumbent must first be legally any other competent person to perform the functions of
removed, or his appointment validly terminated, an office in the executive branch. Temporary designation
before one could be validly installed to succeed cannot exceed one year.
him.
Appointments made solely by the President
4. Receipt of the appointment paper and Acceptance
of the appointment by the appointee who 1. Those vested by the Constitution on the President
possesses all the qualifications and none of the alone;
disqualifications 2. Those whose appointments are not otherwise
provided by law;
NOTE: The possession of the original appointment 3. Those whom he may be authorized by law to
paper is not indispensable to authorize an appoint; and
appointee to assume office. If it were 4. Those other officers lower in rank whose
indispensable, then a loss of the original appointment is vested by law in the President
appointment paper, which could be brought about alone. (1987 Constitution, Art. VII, Sec. 16)
by negligence, accident, fraud, fire or theft,
corresponds to a loss of the office. Howe ver, in Presidential appointments that need prior
case of loss of the original appointment paper, the recommendation or nomination by the Judicial and
appointment must be evidenced by a certified true Bar Council
copy issued by the proper office, in this case the
Malacanang Records Office. 1. Members of the Supreme Court and all lower
courts (1987 Constitution, Art. VIII, Sec. 9)
NOTE: Acceptance is indispensable to complete an 2. Ombudsman and his 5 deputies
appointment. Assuming office and taking the oath
amount to acceptance of the appointment. An oath COMMISSION ON APPOINTMENTS CONFIRMATION
of office is a qualifying requirement for a public
office, a prerequisite to the full investiture of the Appointments where confirmation of the
office. Commission on Appointments is required (HA2O)
Not Revocable at
Ad interim appointments are permanent appointments. It
revocable at will without
is permanent because it takes effect immediately and can
will the necessity
no longer be withdrawn by the President once the
As to of just cause
appointee qualified into office. The fact that it is subject
acts of or a valid
to confirmation by the CA does not alter its permanent
the investigation;
character. In cases where the term of said ad interim
appoin appointing
appointee had expired by virtue of inaction by the
tee power has
Commission on Appointments, he may be reappointed to
full
the same position without violating the Constitutional
discretion to
provision prohibiting an officer whose term has expired
change
from being re-appointed. (Matibag v. Benipayo, G.R. No.
130657, April 1, 2002)
(See further discussion under Law on Public Officers)
A: Emmanuel is correct. The executive power of control Essence of the Alter Ego doctrine
over the acts of department secretaries is laid down in
Section 17, Article VII of the 1987 Constitution. The Since the President is a busy man, he is not expected to
power of control has been defined as the "power of an exercise the totality of his power of control all the time.
officer to alter or modify or nullify or set aside what a He is not expected to exercise all his powers in person.
subordinate officer had done in the performance of his He is expected to delegate some of them to men of his
duties and to substitute the judgment of the former for confidence, particularly to members of his Cabinet.
that of the latter."
NOTE: Applying this doctrine, the power of the President
Such "executive control" is not absolute. The definition to reorganize the National Government may be validly
of the structure of the executive branch of government, delegated to his Cabinet Members exercising control
and the corresponding degrees of administrative control over a particular executive department. (DENR v. DENR
and supervision is not the exclusive preserve of the Region XII Employees, G.R. No. 149724, Aug. 19, 2003)
executive. It may be effectively limited by the
Constitution, by law, or by judicial decisions. All the more ---
in the matter of appellate procedure as in the instant Q: The Toll Regulatory Board (TRB) and PNCC
case. Appeals are remedial in nature; hence, executed the Amendment to the Supplemental Toll
constitutionally subject to this Court’s rulemaking Operation Agreement (ASTOA). The ASTOA
power. The Rules of Procedure was issued by the Court incorporated the amendments to cover the design
pursuant to Section 5, Article VIII of the Constitution, and construction of Stage 2 of the South Metro
which expressly empowers the Supreme Court to Manila Skyway. The DOTC Secretary then approved
promulgate rules concerning the procedure in all courts. the ASTOA. Risa Hontiveros assailed the DOTC
Secretary’s approval on the ground that it could not
Parenthetically, Administrative Order (A.O.) No. 18 take the place of the presidential approval required
expressly recognizes an exception to the remedy of under P.D. 1113 and P.D. 1894 concerning the
appeal to the Office of the President from the decisions of franchise granted to PNCC. Is Risa Correct?
executive departments and agencies. Under Section 1
thereof, a decision or order issued by a department or A: NO. The doctrine of qualified political agency declares
agency need not be appealed to the Office of the that, save in matters on which the Constitution or the
President when there is a special law that provides for a circumstances require the President to act personally,
different mode of appeal. executive and administrative functions are exercised
through executive departments headed by cabinet
In this case, a special law, RA 7394, expressly provided secretaries, whose acts are presumptively the acts of the
for immediate judicial relief from decisions of the DTI President unless disapproved by the latter. There can be
Secretary by filing a petition for certiorari with the no question that the act of the secretary is the act of the
"proper court." Hence, private respondent should have President, unless repudiated by the latter. In this case,
elevated the case directly to the CA through a petition for approval of the ASTOA by the DOTC Secretary had the
certiorari. (Moran v. Office of the President, G.R. No. same effect as approval by the President. The same
192957, Sept. 29, 2014) would be true even without the issuance of E.O. 497, in
--- which the President, on 24 January 2006, specifically
delegated to the DOTC Secretary the authority to
NOTE: The President’s power over GOCCs comes from approve contracts entered into by the TRB. Risa’s
statute, not from the Constitution, hence, it may be taken reliance on P.D. 1113 and P.D. 1894 is misplaced. When
away by statute. we say that the approval by the DOTC Secretary in this
case was approval by the President, it was not in
The President has full control of all the members of his connection with the franchise of PNCC, as required under
Cabinet. He may appoint them as he sees fit, shuffle them P.D. 1113 and P.D. 1894. Rather, the approval was in
at pleasure, and replace them in his discretion without connection with the powers of the TRB to enter into
any legal inhibition whatever. However, such control is contracts on behalf of the government as provided under
exercisable by the President only over the acts of his Section 3(a) of P.D. 1112. (Hontiveros-Baraquel v. Toll
subordinates and not necessarily over the subordinate Regulatory Board, G.R. No. 181293, February 23, 2015)
himself. (Ang-Angco v. Castillo, G.R. No.L-17169, Nov. 30, ---
1963)
XPNs to the Alter Ego doctrine
DOCTRINE OF QUALIFIED POLITICAL AGENCY
1. There must be an Invasion or Rebellion, and A: YES. The President deduced from the facts available to
2. Public Safety requires the proclamation of martial him that there was an armed public uprising, the
law all over the Philippines or any part thereof. culpable purpose of which was to remove from the
3. Duration: Not more than 60 days following which allegiance to the Philippine Government a portion of its
it shall be automatically lifted unless extended by territory and to deprive the Chief Executive of any of his
Congress. powers and prerogative, leading the President to believe
4. Duty of the President to report to Congress: within that there was probable cause that the crime of rebellion
48 hours personally or in writing. was and is being committed and that public safety
5. Authority of Congress to affirm or revoke or allow requires the imposition of martial law and suspension of
the lapse or extend the effectivity of proclamation: the privilege of the writ of habeas corpus. Section 18,
by majority vote of all of its members voting Article VII of the Constitution itself sets the parameters
jointly. for determining the sufficiency of the factual basis for the
declaration of martial law and/or the suspension of the
NOTE: Once revoked by Congress, the President cannot privilege of the writ of habeas corpus, namely (1) actual
set aside the revocation. invasion or rebellion, and (2) public safety requires the
exercise of such power. Without the concurrence of the
Limitations on the declaration of martial law two conditions, the President's declaration of martial law
and/or suspension of the privilege of the writ of habeas
1. It does not suspend the operation of the corpus must be struck down. A review of the aforesaid
Constitution; facts similarly leads the Court to conclude that the
2. It does not supplant the functioning of the civil President, in issuing Proclamation No. 216, had sufficient
courts or legislative assemblies; factual bases tending to show that actual rebellion
3. It does not authorize conferment of jurisdiction exists. The President's conclusion, that there was an
over civilians where civil courts are able to armed public uprising, the culpable purpose of which
function; was the removal from the allegiance of the Philippine
Government a portion of its territory and the deprivation
NOTE: Civilians cannot be tried by military courts of the President from performing his powers and
if the civil courts are open and functioning. (Open prerogatives, was reached after a tactical consideration
Court Doctrine). (Olaguer v. Military Commission of the facts. In fine, the President satisfactorily
No. 34, G.R. No. L-54558, May 22, 1987) discharged his burden of proof. After all, what the
President needs to satisfy is only the standard of
4. It does not automatically suspend the privilege of probable cause for a valid declaration of martial law and
the writ of habeas corpus. (1987 Constitution, Art. suspension of the privilege of the writ of habeas corpus.
VII, Sec. 18 (2)] (Lagman v. Medialdea, G.R. No. 231658, 04 July 2017)
---
NOTE: When martial law is declared, no new powers are
given to the President; no extension of arbitrary Actual use of the Armed Forces NOT subject to
authority is recognized; no civil rights of individuals are judicial review
suspended. The relation of the citizens to their State is
unchanged. The Supreme Court cannot rule upon the While the suspension of the privilege of the writ of
correctness of the President’s actions but only upon its habeas corpus and the proclamation of martial law is
arbitrariness. subject to judicial review, the actual use by the President
of the armed forces is not. Thus, troop deployments in
Ways to lift the proclamation of martial law times of war are subject to the President’s judgment and
discretion. (IBP v. Zamora, G.R. No. 141284, Aug. 15, 2000)
1. Lifting by the President himself
2. Revocation by Congress Calling out power does not need Congressional
3. Nullification by the SC authority
4. By operation of law after 60 days
There is no need for congressional authority to exercise
--- the calling out power of the President since calling out of
Q: In light of recent attacks in Marawi City by the the armed forces to prevent or suppress lawless violence
Maute group and other terrorist organizations, is a power that the Constitution directly vests in the
A: If the President is to be expected to find means for NOTE: Clemency is not a function of the judiciary; it is an
bringing this conflict to an end and to achieve lasting executive function. The grant is discretionary, and may
peace in Mindanao, then he must be given the leeway to not be controlled by the legislature (Congress) as to limit
explore, in the course of peace negotiations, solutions the effects of the President’s pardon, or to exclude from
that may require changes to the Constitution for their its scope any class of offenders. Also, the Courts may not
implementation. So long as the President limits himself inquire into the wisdom or reasonableness of any pardon
to recommending these changes and submits to the granted by the President or have it reversed, save only
proper procedure for constitutional amendment and when it contravenes its limitations. It includes cases
revision, his mere recommendation need not be involving both criminal and administrative cases.
construed as unconstitutional act. Given the limited
nature of the President’s authority to propose Kinds of executive clemency (FPARC)
constitutional amendments, he cannot guarantee to any
third party that the required amendments will 1. Pardons (conditional or plenary);
eventually be put in place, nor even be submitted to a 2. Reprieves;
plebiscite. The most she could do is submit these 3. Commutations;
proposals as recommendations either to Congress or the 4. Remission of Fines and Forfeitures; and
people, in whom constituent powers are vested. 5. Amnesty
(Province of North Cotabato v. GRPs Peace panel on
Ancestral Domain, G.R. No. 183591, Oct. 14, 2008) NOTE:
--- Executive Clemency Requirement
1. Conditional Pardon– The offender has the right to The third preambular clause is not an integral part of the
reject it since he may feel that the condition decree of the pardon and therefore, does not by itself
imposed is more onerous than the penalty sought operate to make the pardon conditional or to make its
to be remitted. effectivity contingent upon the fulfillment of the
2. Absolute Pardon– The pardonee has no option at commitment nor to limit the scope of the pardon.
all and must accept it whether he likes it or not.
May be Requires
Commutation When
granted conviction
applica
after actual by final
The reduction or mitigation of the penalty, from death ble
service of judgment
penalty to life imprisonment, remittances and fines.
sentence
Commutation is a pardon in form but not in substance,
because it does not affect his guilt; it merely reduces the
Parole
penalty for reasons of public interest rather than for the
sole benefit of the offender.
The suspension of the sentence of a convict granted by a
Parole Board after serving the minimum term of the
NOTE: Commutation does not have to be in any
indeterminate sentence penalty, without granting a
particular form. Thus, the fact that a convict was released
pardon, prescribing the terms upon which the sentence
after 6 years and placed under house arrest, which is not
shall be suspended.
a penalty, already leads to the conclusion that the
penalty has been shortened.
a) The agreement must be between states; 1. The President recommends the appropriation for
b) It must be written; and the operation of the Government as specified in the
c) It must be governed by international law budget. [1987 Consitution, Art. VI, Sec. 25(1)]
(China National Machinery and Equipment 2. The President, may, by law, be authorized to
Corporation v. Sta. Maria, G.R. No. 185572, augment any item in the general appropriations
Feb. 7, 2012). law for his respective office from savings in other
items of his respective appropriations. [1987
Role of the Senate Consitution, Art. VI, Sec. 25(5); Demetria v. Alba, G.R.
No. 71977, February 27, 1987 and Araullo v. Aquino
The role of the Senate, however, is limited only to III, G.R. No. 209287, July 1, 2014]
giving or withholding its consent, or concurrence, to 3. The President shall have the power to veto any
the ratification. It should be emphasized that under particular item or items in an appropriation,
our Constitution, the power to ratify is vested in the revenue, or tariff bill, but the veto shall not affect
President, subject to the concurrence of the Senate. the item or items to which he does not object.
[1987 Consitution, Art. VI, Sec. 27(2)]
Hence, it is within the authority of the President to 4. Power to execute or implement GAA through a
refuse to submit a treaty to the Senate or, having program of expenditures to be approved by the
secured its consent for its ratification, refuse to President. (TESDA v. COA, G.R. No. 196418, Feb. 10,
ratify it. Although the refusal of a state to ratify a 2015)
treaty which has been signed in its behalf is a
serious step that should not be taken lightly, such DELEGATED POWERS
decision is within the competence of the President (Please see earlier discussion on Delegation of Powers
alone. (Pimentel v. Exec. Sec., G.R. No. 158088, July 6, under General Considerations)
2005)
VETO POWERS
2. Appoint ambassadors, other public ministers, and (Please see earlier discussion on Presidential Veto and
consuls. Congressional Override under the Legislative Department)
3. Receive ambassadors and other public ministers
accredited to the Philippines. RESIDUAL POWER
4. Contract and guarantee foreign loans on behalf of
RP. (1987 Constitution, Art. VII, Sec. 20) (1994, 1999 The powers of the President cannot be said to be limited
Bar) only to the specific power enumerated in the
5. Deport aliens – Constitution. Executive power is more than the sum of
a. This power is vested in the President by virtue specific powers so enumerated. The framers did not
of his office, subject only to restrictions as may intend that by enumerating the powers of the President
be provided by legislation as regards to the
grounds for deportation (Revised
Administrative Code, Sec. 69). he shall exercise those powers and no other. Whatever
b. In the absence of any legislative restriction to power inherent in the government that is neither
authority, the President may still exercise this legislative nor judicial has to be executive. These
power. unstated residual powers are implied from the grant of
c. The power to deport aliens is limited by the executive power and which are necessary for the
requirements of due process, which entitles the President to comply with his duties under the
alien to a full and fair hearing. Constitution. (Marcos v. Manglapus, G.R. No. 88211, Oct.
NOTE: Summary deportation shall be observed 27, 1989)
in cases where the charge against the alien is
overstaying or expiration of his passport. EXECUTIVE PRIVILEGE
(Board of Commissioners v. Jong Keun Park, G.R. (Please see earlier discussion on Presidential Privilege
No. 159835, Jan. 21, 2010) under the Executive Department)
d. An alien has the right to apply for bail provided
certain standard for the grant is necessarily EMERGENCY POWERS
met (Government of Hong Kong v. Olalia, G.R. No.
153675, April 19, 2007). Congressional grant of emergency powers to the
President (2010 Bar)
NOTE: The adjudication of facts upon which the
deportation is predicated devolved on the President Under Art. VI, Sec. 23(2), Congress may grant the
whose decision is final and executory (Tan Tong v. President emergency powers subject to the following
Deportation Board, G.R. No. L-7680, April 30, 1955). conditions: (WaLiReN)
1. There is a War or other national emergency; Appointments extended by an Acting President shall
2. The grant of emergency powers must be for a remain effective, unless revoked by the elected
Limited period; President, within 90 days from his assumption or
3. The grant of emergency powers is subject to such reassumption of office. (1987 Constitution, Art. VII, Sec.
Restrictions as Congress may prescribe; and 14)
4. The emergency powers must be exercised to carry
out a National policy declared by Congress. Rules to be applied if the vacancy occurs during the
incumbency of the President
Rationale: Problems in times of emergency must be
solved within the shortest possible time to prevent them CAUSE OF VACANCY CONSEQUENCE
from aggravating the difficulties of the nation. In case of : (DPR2)
b. Death; The Vice President shall
NOTE: Emergency powers are self-liquidating unless c. Permanent Disability; become the President to
sooner withdrawn. They will automatically cease upon d. Removal from office; or serve the unexpired term.
the end of the emergency that justified their delegation. e. Resignation of the
President
Examples of other national emergencies:
a) Rebellion
b) Economic crisis
In case of : The Senate President, or
c) Pestilence or epidemic
a. Death; in case of his inability, the
d) Typhoon
b. Permanent Disability; Speaker of the HoR, shall
e) Flood
c. Removal from office; or act as President until the
f) Other similar catastrophe of nation-wide
d. Resignation of both the President or Vice President
proportions
President and the Vice- shall have ben elected and
(Cruz, Philippine Political Law, p. 163)
President qualified.
RULES ON SUCCESSION
Rules and procedure to be followed if a vacancy
occurs in the offices of the President and Vice-
Rules to be applied if there is vacancy before the
President (1987 Consitution, Art. VII, Sec. 10)
beginning of the term of the President (1987
Consitution, Art. VII, Sec 7)
1. At 10:00 A.M. of the third day after said vacancy
occurs – Congress shall convene in accordance with
CAUSE OF VACANCY CONSEQUENCE
its rules without need of call.
In case of death or 2. Within 7 days — Congress shall enact a law calling
permanent disability of The Vice-President elect
for a special election to elect a President and a Vice
the President-elect. shall become President.
President.
3. Said special election shall be held — Not earlier
In case of failure to elect The Vice-President shall than forty-five (45) days nor later than sixty (60)
the President (i.e. act as the President until the days from the time of such call.
Presidential elections President shall have been 4. The bill calling such special election — Shall be
have not been held or chosen and qualified. deemed certified under Sec. 26, par. 2, Art. VI of the
non-completion of the Constitution and shall become law upon its
canvass of the approval on third reading by Congress.
Presidential elections) 5. Appropriations for said special election — Shall be
charged against any current appropriations and
In case no President and The Senate President, or in shall be exempt from the requirements of, Sec. 25,
Vice-President shall have case of his inability, the par. 4, Art. VI of the Constitution.
been chosen and Speaker of the HoR shall 6. The convening of Congress and the special election
qualified, or where both act as President until a — cannot be suspended or postponed
shall have died or President or a Vice- 7. No special election shall be called — If the vacancy
become permanently President shall have been occurs within eighteen (18) months before the
disabled. chosen and qualified. date of the next presidential elections.
Congress shall by law
provide for the manner in
which one who is to act as
President shall be selected
until a President or a Vice-
President shall have
qualified, in case of death,
permanent disability or
inability of the officials.
GR: It must be raised in the pleadings. However, in a case where the law passed incorporates
the exact clause already declared as unconstitutional,
XPN: without any perceived substantial change in the
1. Criminal case – It may be brought at any stage circumstances, the Court ruled that there is a necessity to
of the proceedings according to the discretion decide the constitutional issue involved. (Sameer
of the judge (trial or appeal) because no one Overseas v. Cabiles, ibid.)
shall be brought within the terms of the law
who are not clearly within them and the act Thus, when a law or a provision of law is null because it
shall not be punished when the law does not is inconsistent with the Constitution, the nullity cannot
clearly punish them. be cured by reincorporation or reenactment of the same
2. Civil case – It may be brought anytime if the or a similar law or provision. A law or provision of law
resolution of the constitutional issue is that was already declared unconstitutional remains as
inevitable in resolving the main issue. such unless circumstances have so changed as to
3. When the jurisdiction of the lower court is in warrant a reverse conclusion. (Sameer Overseas v.
question except when there is estoppel. Cabiles, ibid.) (2014 Bar)
NOTE: The earliest opportunity to raise a The constitutionality of an official act may be the subject
constitutional issue is to raise it in the pleadings of judicial review, provided the matter is not raised
before a competent court that can resolve the collaterally. (Laude v. Hon. Ginez, G.R. No. 217456, Nov. 24,
same, such that, if not raised in the pleadings, it 2015)
cannot be considered in trial and, if not considered
in trial, it cannot be considered on appeal. Requisites before a law can be declared partially
unconstitutional
The Ombudsman has no jurisdiction to entertain
questions regarding constitutionality of laws. Thus, 1. The legislature must be willing to retain valid
when the issue of constitutionality of a law was portion (separability clause); and
raised before the Court of Appeals, which is the 2. The valid portion can stand independently as law.
competent court, the constitutional question was
raised at the earliest opportune time. (Estarija v. Principle of Stare Decisis
Ranada, G.R. No. 159314, June 26, 2006)
Deemed of imperative authority, controlling the
4. Necessity of deciding constitutional questions – decisions of like cases in the same court and in lower
As long as there are other bases which courts can courts within the same jurisdiction, unless and until the
use for decision, constitutionality of the law will decision in question is reversed or overruled by a court
not be touched, thus, courts should refrain from of competent authority. (De Castro v. JBC, G.R. No. 191002,
resolving any constitutional issue "unless the April 20, 2010)
constitutional question is the lis mota of the case."
NOTE: The Court, as the highest court of the land, may be
Lis mota literally means "the cause of the suit or guided but is not controlled by precedent. Thus, the
action." Given the presumed validity of an Court, especially with a new membership, is not obliged
executive act, the petitioner who claims otherwise to follow blindly a particular decision that it determines,
has the burden of showing first that the case after re-examination, to call for a rectification. (De Castro
cannot be resolved unless the constitutional v. JBC, ibid.)
question he raised is determined by the Court.
(General v. Urro, G.R. No. 191560, March 29, 2011) Functions of judicial review
Scope of Judicial Review 1. Checking – Invalidating a law or executive act that is
found to be contrary to the Constitution.
The courts have the power to pass upon the validity and 2. Legitimizing – Upholding the validity of the law that
the constitutionality of laws enacted by the legislature, results from a mere dismissal of a case challenging
and other bodies of the government, under the doctrine the validity of the law.
of checks and balances. 3. Symbolic – To educate the bench and bar as to the
controlling principles and concepts on matters of
The lower courts are likewise vested with the power of grave public importance for the guidance of, and
judicial review, subject however to the appellate restraint upon the future. (Dumlao v. COMELEC, G.R.
jurisdiction of the higher courts. No. L-52245, Jan. 22, 1980)
Constitutional Challenges Power of judicial review in impeachment proceedings
includes the power of review over justiciable issues in
When a law is passed, the court awaits an actual case impeachment proceedings. (Francisco v. HoR, G.R. No.
that clearly raises adversarial positions in their proper 160261, Nov. 10, 2003)
context before considering a prayer to declare it as
GR: The SC will not disturb the findings of facts of Where the constitutionality of certain rules may depend
administrative tribunals and the trial courts. upon the times and get affected by the changing of the
seasons. A classification that might have been perfectly
XPN: The SC may review findings of facts of the lower all right at the time of its inception may be considered
courts under the following exceptions: (SM-GF-CBA- dubious at a later time.
TW-NE)
1. When the conclusion is a finding grounded entirely MOOT QUESTIONS
on Speculation, surmises and conjectures;
2. When the inference made is manifestly Mistaken, Questions on which a judgment cannot have any
absurd or impossible; practical legal effect or, in the nature of things, cannot be
3. Where there is a Grave abuse of discretion; enforced. (Baldo, Jr. v. COMELEC, G.R. No. 176135, June 16,
4. When the judgment is based on a misapprehension 2009)
of Facts;
5. When the findings of fact are Conflicting; Moot and academic
6. When the Court of Appeals, in making its findings,
went Beyond the issues of the case and the same is It is moot and academic when it ceases to present a
contrary to the Admissions of both appellant and justiciable controversy by virtue of supervening events
appellee; so that a declaration thereon would be of no practical
7. When the findings are contrary to those of the use or value.
Trial court;
8. When the findings of fact are Without citation of Court actions over moot and academic cases
specific evidence on which the conclusions are
based; GR: The courts should decline jurisdiction over such
9. When the facts set forth in the petition as well as in cases or dismiss it on ground of mootness.
the petitioner’s main and reply briefs are Not
disputed by the respondents; and XPNs: (GPFR)
10. When the findings of fact of the Court of Appeals 1. There is a Grave violation of the Constitution.
are premised on the supposed absence of Evidence 2. There is an exceptional character of the situation
and contradicted by the evidence on record. (David and the Paramount public interest is involved.
v. Misamis Occidental II, G.R. No. 194785, 11 July 3. When the constitutional issue raised requires
2012) Formulation of controlling principles to guide the
bench, the bar, and the public.
OPERATIVE FACT DOCTRINE 4. The case is capable of Repetition yet evading
(2010 Bar) review. (David v. Macapagal-Arroyo, G.R. No.
171396, May 3, 2006; Republic v. Principalia
Under this doctrine, the law is recognized as Management, G.R. No. 198426, Sept. 2, 2015)
unconstitutional but the effects of the unconstitutional
law, prior to its declaration of nullity, may be left NOTE: Judicial power presupposes actual controversies,
undisturbed as a matter of equity and fair play. It is a the very antithesis of mootness. In the absence of actual
rule of equity (League of Cities v. COMELEC, G.R. No. justiciable controversies or disputes, the Court generally
176951, Nov. 18, 2008). opts to refrain from deciding moot issues. Where there
is no more live subject of controversy, the Court ceases
In another case, the Court held that to return the to have a reason to render any ruling or make any
amounts received to the respective taxing authorities pronouncement. (Suplico v. NEDA, G.R. No. 178830, July
would certainly impose a heavy, and possibly crippling, 14, 2008)
financial burden upon them who merely, and
presumably in good faith, complied with the legislative POLITICAL QUESTIONS
fiat subject of this case; hence the doctrine of operative
fact shall be applied. (Film Development Council v. Colon Those questions which, under the Constitution, are to be
Heritage Realty, G.R. No. 203754, June 16, 2015) decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been
NOTE: The invocation of this doctrine is an admission delegated to the legislative or executive branch of the
that the law is unconstitutional. government. (Tañada v. Cuenco, G.R. No. L-10520, Feb. 28,
1957)
Applicability on executive acts
Political Question Doctrine
The Operative Fact Doctrine also applies to executive
acts subsequently declared as invalid. A decision made The doctrine that the power of judicial review cannot be
by the president or the administrative agencies has to be exercised when the issue is a political question. It
complied with because it has the force and effect of law. constitutes another limitation on such power of the
(Hacienda Luisita v. Presidential Agrarian Reform Council, judiciary.
G.R. No. 171101, Nov. 22, 2011)
Only one. The word “Congress” used in Sec. 8(1), Art. 1. Natural born citizen of the Philippines; and
VIII is used in its generic sense. Only a singular 2. Member of the Philippine Bar.
representative may be allowed to sit in the JBC from
either the Senate or HoR. The seven-member General qualifications for appointments to LOWER
composition of the JBC serves a practical purpose, that is, courts
to provide a solution should there be a stalemate in
voting. 1. Citizen of the Philippines; and
2. Member of the Philippine Bar.
It is evident that the definition of “Congress” as a
bicameral body refers to its primary function in NOTE: For both lower collegiate courts and lower courts,
government – to legislate. In the passage of laws, the Congress may prescribe other qualifications. [1987
Constitution is explicit in the distinction of the role of Constitution, Art. VIII, Sec. 7 (1) and (2)]
each house in the process. The same holds true in
Congress’ non-legislative powers. An inter-play between ---
the two houses is necessary in the realization of these Q: By virtue of Republic Act No. 10660, two new
powers causing a vivid dichotomy that the Court cannot divisions of the Sandiganbayan were created with
simply discount. This, however, cannot be said in the three members each, and there were six
case of JBC representation because no liaison between simultaneous vacancies for Associate Justice of said
the two houses exists in the workings of the JBC. Hence, collegiate court. The JBC then submitted six separate
the term “Congress” must be taken to mean the entire shortlists for the vacancies for the 16th to the 21st
legislative department. The Constitution mandates that Sandiganbayan Associate Justices. Petitioners assert
the JBC be composed of seven (7) members only. (Chavez that President Aquino's power to appoint is limited
v. JBC, G.R. No. 202242, July 17, 2012) to each shortlist submitted by the JBC, President
Aquino should have appointed the 16th
Functions of the JBC (2000 Bar) Sandiganbayan Associate Justice from the nominees
in the shortlist for the 16th Sandiganbayan Associate
The principal function of the JBC is to recommend Justice, the 17th Sandiganbayan Associate Justice
appointees to the judiciary. It may, however, exercise from the nominees in the shortlist for the 17th
such functions as the SC may assign to it. (1987 Sandiganbayan Associate Justice, and so on and so
Constitution, Art. VIII, Sec. 8) forth. By totally overlooking the nominees for the
16th Sandiganbayan Associate Justice and
NOTE: The duty of the JBC to submit a list of nominees appointing respondents Musngi and Econg, who
before the start of the President’s mandatory 90-day were both nominees for the 21st Sandiganbayan
period to appoint is ministerial, but its selection of the Associate Justice, as the 16th and 18th
candidates whose names will be in the list to be Sandiganbayan Associate Justices, respectively,
submitted to the President lies within the discretion of President Aquino violated the Art. VIII, Sect. 9 of the
the JBC. (De Castro v. JBC, G.R. No. 191002, March 17, 1987 Constitution, which requires the President to
2010) appoint from a list of at least three nominees
submitted by the JBC for every vacancy. Are the
Tenure of the members of the SC and judges (1993, petitioners correct?
1996, 2000 Bar)
A:. NO. Nomination by the JBC shall be a qualification for
Members of the SC and judges of lower courts can hold appointment to the Judiciary, but this only means that
office during good behavior until: the President cannot appoint an individual who is not
1. The age of 70 years old; or nominated by the JBC. It should be stressed that the
2. They become incapacitated to discharge their power to recommend of the JBC cannot be used to
duties. restrict or limit the President's power to appoint as the
latter's prerogative to choose someone whom he/she
General qualification for appointments to the considers worth appointing to the vacancy in the
judiciary Judiciary is still paramount. As long as in the end, the
President appoints someone nominated by the JBC, the
Of proven competence, integrity, probity and appointment is valid. This does not violate Article VIII,
independence. [1987 Constitution, Art. VIII, Sec. 7(3)] Section 9 of the 1987 Constitution. To meet the minimum
requirement under said constitutional provision of three
Qualifications for appointments to the SC nominees per vacancy, there should at least be 18
nominees from the JBC for the six vacancies for
decreased during incumbent’s term of office. NOTE: Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any
NOTE: The decrease is prohibited to prevent the Member be appointed or designated in a temporary or
legislature from exerting pressure upon the acting capacity (1987 Constitution, Art. IX-C, Sec. 1[2]).
Commissions by “operating on their necessities”. Salaries (1997, 2005 Bar)
may be increased, as a realistic recognition of the need
that may arise to adjust the compensation to any Qualifications
increase in the cost of living.
1. Natural-born citizen;
Requisites for the effective operation of the 2. At least 35 years old at the time of appointment;
rotational scheme of terms of constitutional bodies 3. College degree holder; and
4. Not a candidate in any election immediately
1. The original members of the Commission shall preceding the appointment.
begin their terms on a common date;
2. Any vacancy occurring before the expiration of the NOTE: Majority of the members, including the Chairman,
term shall be filled only for the balance of such shall be members of the Philippine Bar who have been
term. (Republic v. Imperial, G.R. No. L-8684, March engaged in the practice of law for at least ten years [1987
31, 1995) Constitution, Art. IX-C, Sec 1(1)]
NOTE: The members of the Constitutional Constitutional powers and functions of the COMELEC
Commissions have staggered terms: (1991, 1996, 2001 Bar)
a) To minimize the opportunity of the President 1. Enforce and administer all laws and regulations
to appoint during his own term more than one relative to the conduct of an election, plebiscite,
member or group of members in the initiative, referendum, and recall.
Constitutional Commissions; and 2. Exercise:
b) To ensure continuity of the body and its a. Exclusive original jurisdiction over all contests
policies. relating to the election, returns and
qualifications of all elective:
POWERS AND FUNCTIONS OF EACH COMMISSION i. Regional
ii. Provincial
Decision-making process in these Commissions iii. City officials
b. Exclusive appellate jurisdiction over all
contests involving:
No member of a Constitutional Commission shall, during These decisions or rulings refer to the decision or final
his tenure: order of the COMELEC en banc and not of any division
1. Hold any other office or employment thereof.
2. Engage in the practice of any profession
3. Engage in the active management and control of Acts that fall under the COMELEC’s power to
any business which in any way may be affected by supervise or regulate
the function of his office
4. Be financially interested, directly or indirectly, in 1. The enjoyment or utilization of all franchises or
any contract with, or in any franchise or privilege permits for the operation of transportation and
granted by the Government, any of its subdivisions, other public utilities, media of communication or
agencies or instrumentalities, including GOCCs or information.
their subsidiaries (1998, 2015 Bar) 2. Grants, special privileges or concessions granted
by the government or any subdivision, agency or
Purpose instrumentality thereof, including any GOCC or its
subsidiary. (1987 Constitution, Art. IX-C, Sec. 4)
1. To compel the chairmen and members of the
Constitutional Commissions to devote their full Instances when COMELEC can exercise its
attention to the discharge of their duties; and constitutional powers and functions
2. To remove from them any temptation to take
advantage of their official positions for selfish 1. During election period – 90 days before the day of
purposes. the election and 30 days thereafter. In special
cases, COMELEC can fix a period.
2. Applies not only to elections but also to plebiscites
JURISDICTION OF EACH CONSTITUTIONAL and referenda.
COMMISSION
Jurisdiction of the COMELEC before the proclamation
vs. its jurisdiction after proclamation
CIVIL SERVICE COMMISSION
OVER PRE- OVER CONTESTS
Scope of the Civil Service (1999, 2003 Bar) PROCLAMATION (AFTER
CONTROVERSY PROCLAMATION)
The civil service embraces all branches, subdivisions, Due process implications
instrumentalities, and agencies of the Government,
including government-owned or controlled corporations COMELEC’s jurisdiction is
with original charters [1987 Constitution, Art. IX-B, Sec. administrative or quasi-
2(1)] judicial and is governed by
the less stringent COMELEC’s jurisdiction is
requirements of judicial and is governed
COMMISSION ON ELECTION
administrative due process by the requirements of
(although the SC has judicial process.
Cases that fall under the jurisdiction of COMELEC by
DIVISION insisted that questions on
“qualifications” should be
decided only after a full-
Audit jurisdiction of the COA on privatized, formerly Sec. 1 of Rule 65 provides that certiorari may be resorted
government-owned banks to when there is no other plain or speedy and adequate
remedy. But reconsideration is a speedy and adequate
Since the PNB is no longer owned by the Government, remedy. Hence, a case may be brought to the Supreme
the COA no longer has jurisdiction to audit it as an Court only after reconsideration.
institution. Under Sec. 2(2), Art. IX-D of the Constitution,
it is a GOCC and their subsidiaries which are subject to Rule on appeals
audit by the COA. However, in accordance with Sec. 2(1),
Art. IX-D, the COA can audit the PNB with respect to its 1. Decisions, orders or rulings of the COMELEC/COA
accounts because the Government still has equity in it. may be brought on certiorari to the SC under Rule
(Philippine Airlines v. COA, G.R. No. 91890, June 9, 1995) 65.
2. Decisions, orders or rulings of the CSC should be
Extent of COA’s audit jurisdiction over Manila appealed to the CA under Rule 43.
Economic and Cultural Office (MECO)
The MECO is not a GOCC or government instrumentality. RENDERED IN THE EXERCISE OF ADMINISTRATIVE
It is a sui generis private entity especially entrusted by FUNCTION
the government with the facilitation of unofficial
relations with the people in Taiwan without jeopardizing Power of the CSC to hear and decide administrative
the country’s faithful commitment to the One China cases
policy of the PROC. However, despite its non-
governmental character, the MECO handles government Under the Administrative Code of 1987, the CSC has the
funds in the form of the "verification fees" it collects on power to hear and decide administrative cases instituted
behalf of the DOLE and the "consular fees" it collects before it directly or on appeal, including contested
under Section 2(6) of EO No. 15, s. 2001. Hence, under appointments.
existing laws, the accounts of the MECO pertaining to its
collection of such "verification fees" and "consular fees" Body which has the jurisdiction on personnel
should be audited by the COA. (Funa v. MECO and COA, actions, covered by the civil service
G.R. No. 193462, February 4, 2014)
CSC. It is the intent of the Civil Service Law, in requiring
the establishment of a grievance procedure, that
REVIEW OF FINAL ORDERS, RESOLUTIONS & decisions of lower officials (in cases involving personnel
DECISIONS actions) be appealed to the agency head, then to the CSC.
The RTC does not have jurisdiction over personnel
actions. (Olanda v. Bugayong, G.R. No. 140917, Oct. 10,
RENDERED IN THE EXERCISE OF QUASIJUDICIAL 2003)
FUNCTION
Certiorari jurisdiction of the SC over these
SC’s jurisdiction over decisions of the Commissions Commissions
1. COA: Judgments or final orders of the Commission Proceedings are limited to issues involving grave abuse
on Audit may be brought by an aggrieved party to of discretion resulting in lack or excess of jurisdiction
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
XPN: These powers may be delegated to: (PALQ) Requisites for a valid exercise of police power
a. President
b. Administrative Agencies 1. Lawful subject – The interests of the public
c. Local Government Units generally, as distinguished from those of a
d. Quasi-Public Corporation (private corporations particular class, require the exercise of the
which perform a public function or render police power
public service. e.g. Meralco). 2. Lawful means – The means employed are
reasonably necessary for the accomplishment
NOTE: ONLY Eminent Domain may be delegated to of the purpose and not unduly oppressive upon
quasi-public corporations individuals.
(NTC v. Philippine Veterans Bank, 192 SCRA 257)
Local government units do not have inherent powers
---
They are mere creatures of Congress. Whatever powers Q: Hotel and motel operators in Manila sought to
they have are implied from their delegated powers. declare Ordinance 4670 as unconstitutional for
Police Power and Eminent Domain may be delegated to being unreasonable, thus violative of the due process
LGU and the delegation may be found in their respective clause. The Ordinance requires the clients of hotels,
charter. (Batangas CATV, Inc. vs. CA, G.R. No. 138810, Sept. motels and lodging house to fill out a prescribed
29, 2004) form in a lobby, open to public view and in the
presence of the owner, manager or duly authorized
NOTE: With respect to Taxation, it is the Constitution representative of such hotel, motel or lodging house.
itself which delegated this power to LGUs. The The same law provides that the premises and
delegation is found in Sec. 5, Art. 10. facilities of such hotels, motels and lodging houses
would be open for inspection either by the City
General Welfare Clause Mayor, or the Chief of Police, or their duly authorized
representatives. It increased their annual license
The delegation of the Police Power to the LGU. (Sec. 16, fees as well. Is the ordinance constitutional?
RA 7160 or the Local Government Code of 1991)
A: YES. The mantle of protection associated with the due
POLICE POWER process guaranty does not cover the hotel and motel
(1990, 1992, 2001, 2004, 2007, 2009, 2010 Bar) operators. This particular manifestation of a police
power measure being specifically aimed to safeguard
Police power is the power of the state to promote public public morals is immune from such imputation of nullity
welfare by restraining and regulating the use of liberty resting purely on conjecture and unsupported by
and property. It is the most pervasive, the least limitable, anything of substance. To hold otherwise would be to
and the most demanding of the three fundamental unduly restrict and narrow the scope of police power
powers of the State. The justification is found in the Latin which has been properly characterized as the most
maxims salus populi est suprema lex (the welfare of the essential, insistent and the least limitable of
people is the supreme law) and sic utere tuo ut alienum powers, extending as it does "to all the great public
non laedas (so use your property as not to injure the needs." There is no question that the challenged
property of others). As an inherent attribute of ordinance was precisely enacted to minimize certain
sovereignty which virtually extends to all public needs, practices hurtful to public morals. The challenged
police power grants a wide panoply of instruments ordinance then proposes to check the clandestine
through which the State, as parens patriae, gives effect to harboring of transients and guests of these
a host of its regulatory powers. We have held that the establishments by requiring these transients and guests
power to “regulate” means the power to protect, foster, to fill up a registration form, prepared for the purpose, in
promote, preserve, and control, with due regard for the a lobby open to public view at all times, and by
interests, first and foremost, of the public, then of the introducing several other amendatory provisions
utility of its patrons. (Gerochi v. Department of Energy, G. calculated to shatter the privacy that characterizes the
R. 159796, July 17, 2007) registration of transients and guests. Moreover, the
increase in the licensed fees was intended to discourage
Police power rests upon public necessity and upon the "establishments of the kind from operating for purpose
right of the State and of the public to self-protection. For other than legal" and at the same time, to increase "the
this reason, its scope expands and contracts with the income of the city government." (Ermita-Malate Hotel v.
changing needs (Churchill v. Rafferty, 32 Phil. 580, 602- City Mayor of Manila, G.R. No. L-24693, July 31, 1967)
603, 1915). ---
---
Generally, police power extends to all the great public Q: Are the rates to be charged by utilities like
needs. Its particular aspects, however, are the following: MERALCO subject to State regulation?
may be actual,
GR: All private property capable of ownership, including moral, nominal,
services, can be taken. temperate,
liquidated, or
XPN: exemplary;
a. Money
b. Choses in action - personal right not reduced in (Republic v. Mupas, G.R. No. 181892, Sept. 8, 2015)
possession but recoverable by a suit at law such as
right to receive, demand or recover debt, demand or Requisites before an LGU can exercise Eminent
damages on a cause of action ex contractu or for a Domain
tort or omission of duty
1. An ordinance is enacted by the local legislative
NOTE: A chose in action is a property right in council authorizing the local chief executive, in
something intangible, or which is not in one’s behalf of the LGU, to exercise the power of eminent
possession but enforceable through legal or court domain or pursue expropriation proceedings over a
action. Ex. cash, a right of action in tort or breach of particular private property.
contract, an entitlement to cash refund, checks, 2. The power of eminent domain is exercised for
money, salaries, insurance claims. public use, purpose or welfare, or for the benefit of
the poor and the landless.
Eminent Domain vs. Destruction from necessity 3. There is payment of just compensation.
4. A valid and definite offer has been previously made
BASIS EMINENT DESTRUCTION to the owner of the property sought to be
DOMAIN FROM NECESSITY expropriated, but said offer was not accepted.
(Municipality of Paranaque v. V.M. Realty Corp., 292
Only authorized May be validly SCRA 678, July 20, 1998)
Who can
public entities or undertaken by
exercise EXPANSIVE CONCEPT OF “PUBLIC USE”
public officials private individuals
Fair Market Value NOTE: The owner is entitled to the payment of interest
from the time of taking until just compensation is
The price that may be agreed upon by parties who are actually paid to him. Taxes paid by him from the time of
willing but are not compelled to enter into a contract of the taking until the transfer of title (which can only be
sale. (City of Manila v. Estrada, G.R. No. 7749, Sept. 9, done after actual payment of just compensation), during
1913) which he did not enjoy any beneficial use of the property,
are reimbursable by the expropriator.
Formula for Just Compensation
An interest of 12% per annum on the just compensation
Just Compensation = actual/basic value of the due the landowner should be used in computing interest
property (LBP v. Wycoco G.R. No. 140160, January 13, 2004).
+ consequential damages
- consequential benefits Pursuant to Bangko Sentral ng Pilipinas Circular No.
(which should not exceed the 799, series of 2013, from July 1, 2013 onwards and until
consequential damages) full payment, an interest rate of 6% per annum should
be used in computing the just compensation. (Land Bank
Period to determine just compensation of the Philippines v. Hababag, G.R. No. 172352,
September 16, 2015)
GR: Reckoning point is determined at the date of the
filing of the complaint for eminent domain. NOTE: The right to recover just compensation is
enshrined in no less than our Bill of Rights, which states
XPN: Where the filing of the complaint occurs after the in clear and categorical language that private property
actual taking of the property and the owner would be shall not be taken for public use without just
given undue incremental advantages arising from the compensation. This constitutional mandate cannot be
use to which the government devotes the property defeated by statutory prescription. (NPC v. Sps.
expropriated, just compensation is determined as of the Bernardo, G. R. No. 189127, April 25, 2012) (2014 Bar)
date of the taking. (NPC v. CA, G.R. No. 113194, March 11,
1996) DETERMINATION
Consist of injuries directly caused on the residue of the While the Land Bank of the Philippines is charged with
private property taken by reason of expropriation. (Cruz the initial responsibility of determining the value of
and Cruz, Constitutional Law, 2015 Ed.) lands placed under the land reform and, accordingly, the
just compensation therefor, its valuation is considered
Consequential Benefits only as an initial determination and, thus, not conclusive.
Verily, it is well-settled that it is the RTC, sitting as a
GR: Non-payment by the government does not entitle A: YES. It is well settled that the taking of private
private owners to recover possession of the property property by the Government’s power of eminent domain
because expropriation is an in rem proceeding, not an is subject to two mandatory requirements: (1) that it is
ordinary sale, but only entitle them to demand payment for a particular public purpose; and (2) that just
of the fair market value of the property. compensation be paid to the property owner. These
requirements partake of the nature of implied conditions
XPNs: that should be complied with to enable the condemnor to
1. When there is deliberate refusal to pay just keep the property expropriated.
compensation
2. Government’s failure to pay compensation within 5 More particularly, with respect to the element of public
years from the finality of the judgment in the use, the expropriator should commit to use the property
expropriation proceedings. This is in connection pursuant to the purpose stated in the petition for
with the principle that the government cannot keep expropriation filed, failing which, it should file another
the property and dishonor the judgment (Republic v. petition for the new purpose. If not, it is then incumbent
Lim, G.R. No. 161656, June 29, 2005). upon the expropriator to return the said property to its
private owner, if the latter desires to reacquire the
ABANDONMENT OF INTENDED USE AND RIGHT OF same. Otherwise, the judgment of expropriation suffers
REPURCHASE an intrinsic flaw, as it would lack one indispensable
element for the proper exercise of the power of eminent
--- domain, namely, the particular public purpose for which
Q: Several parcels of lands located in Lahug, Cebu the property will be devoted. Accordingly, the private
City were the subject of expropriation proceedings property owner would be denied due process of law, and
filed by the Government for the expansion and the judgment would violate the property owner’s right to
improvement of the Lahug Airport. The RTC justice, fairness, and equity. (MIAA and Air
rendered judgment in favor of the Government and Transportation Office v. Lozada, G.R. No. 176625, Feb. 25,
ordered the latter to pay the landowners the fair 2010)
market value of the land. The landowners received ---
the payment.
NOTE: To continue with the expropriation proceedings
The other dissatisfied landowners despite the definite cessation of the public purpose of the
appealed. Pending appeal, the Air Transportation project would result in the rendition of an invalid
Office (ATO), proposed a compromise settlement judgment in favor of the expropriator due to the absence
whereby the owners of the lots affected by the of the essential element of public use. (Republic v. Heirs
expropriation proceedings would either not appeal of Borbon, G.R. No. 165354, Jan. 12, 2015)
or withdraw their respective appeals in
consideration of a commitment that the MISCELLANEOUS APPLICATION
expropriated lots would be resold at the price they
were expropriated in the event that the ATO would
abandon the Lahug Airport, pursuant to an
established policy involving similar cases. Because of
this promise, the landowners did not pursue their
appeal. Thereafter, the lot was transferred and
registered in the name of the Government. The
projected improvement and expansion plan of the
old Lahug Airport, however, was not pursued. From
the date of the institution of the expropriation
proceedings up to the present, the public purpose of
1. Whether to tax in the first place It means taxing the same property twice when it should
2. Whom or what to tax be taxed only once; that is, “taxing the same person twice
Two Tax Laws or Ordinances constitute Double NOTE: Ordinarily, license fees are in the nature of the
Taxation when they tax: (PAPSJK) exercise of police power because they are in the form of
regulation by the State and considered as a manner of
1. for the same Purpose; paying off administration costs. However, if the license
2. by the same taxing Authority; fee is higher than the cost of regulating, then it becomes
3. for the same taxing Periods; a form of taxation. (Ermita-Malate Hotel v. City Mayor of
4. on the same Subject matter; Manila, G.R. No. L-24693, Oct. 23, 1967)
5. within the same taxing Jurisdiction; and
6. of the same Kind or character. (Swedish Match ---
Philippines v. Treasurer of the City of Manila, Q: Can taxes be subject to off-setting or
G.R. No. 181277, July 3, 2013) compensation?
NOTE: There is no provision in the Constitution A: NO. Taxes cannot be subject to compensation for the
specifically prohibiting double taxation, however, where simple reason that the government and the taxpayer are
there is direct duplicate taxation, there may be violation not creditors and debtors of each other. There is a
of the constitutional precepts of equal protection and material distinction between a tax and debt. Debts are
uniformity in taxation. due to the Government in its corporate capacity, while
taxes are due to the Government in its sovereign
Tax exemptions may either be capacity. It must be noted that a distinguishing feature of
tax is that it is compulsory rather than a matter of
1. Constitutional; or bargain. Hence, a tax does not depend upon the consent
2. Statutory of the taxpayer. (Philex Mining Corp. v. CIR, 294 SCRA 687,
Aug. 28, 1998)
Revocability of tax exemptions ---
In case of doubt, tax statutes are to be construed strictly Set of prescriptions setting forth the fundamental civil
against the Government and liberally in favor of the and political rights of the individual, and imposing
taxpayer, for taxes, being burdens, are not to be limitations on the powers of government as a means of
presumed beyond what the applicable statute expressly securing the enjoyment of those rights.
and clearly declares (CIR v. La Tondena, Inc. and CTA, 5
SCRA 665) The Bill of Rights guarantee governs the relationship
between the individual and the State. Its concern is not
Construction of laws granting tax exemptions the relation between private individuals. What it does is
to declare some forbidden zones in the private sphere
It must be strictly construed against the taxpayer, inaccessible to any power holder. (People v. Marti, G.R.
because the law frowns on exemption from taxation; No. 81561, Jan. 18, 1991)
hence, an exempting provision should be
construed strictissimi juris. (Acting Commissioner of Bill of Rights cannot be invoked against private
Customs v. Manila Electric Company, G.R. No. L-23623, individuals. In the absence of governmental interference,
June 30, 1977) the liberties guaranteed by the Constitution cannot be
invoked. Put differently, the Bill of Rights is not meant to
Tax vs. License fee be invoked against acts of private individuals. (Yrasegui
v. PAL, G.R. No. 168081, Oct. 17, 2008)
TAX LICENSE FEE
Levied in exercise of Imposed in the exercise of the NOTE: However, where the husband invoked his right to
the taxing power police power of the state privacy of communication and correspondence against a
The purpose of the License fees are imposed for private individual, his wife, who had forcibly taken from
tax is to generate regulatory purposes which his cabinet documents and private correspondence, and
revenues means that it must only be of presented as evidence against him, the Supreme Court
Due process clause (1992, 1999, 2007, 2009 Bar) Administrative vs. Judicial due process
SUBSTANTIVE DUE PROCESS (see Extradition section under PIL for discussion)
Relates to the mode of procedure which government A: NO. Due process in disciplinary cases involving
agencies must follow in the enforcement and application students does not entail proceedings and hearings
of laws. similar to those prescribed for actions and proceedings
in courts of justice; that the proceedings may be
The fundamental elements of procedural due summary; that cross-examination is not an essential part
process of the investigation or hearing; and that the required
proof in a student disciplinary action, which is an
1. Notice (to be meaningful, must be as to time administrative case, is neither proof beyond reasonable
and place) doubt nor preponderance of evidence but only
2. Opportunity to be heard substantial evidence or “such relevant evidence as a
3. Court/tribunal must have jurisdiction reasonable mind might accept as adequate to support a
conclusion.”
Due process in extradition proceedings
Effect of Waiver/Estoppel NOTE: Given the fact that not all rights and freedoms or
liberties under the Bill of Rights and other values of
Due process is satisfied when the parties are afforded a society are of similar weight and importance,
fair and reasonable opportunity to explain their governmental regulations that affect them would have to
respective sides of the controversy. Thus, when the party be evaluated based on different yardsticks, or standards
seeking due process was in fact given several of review.
opportunities to be heard and air his side, but it is by his
own fault or choice he squanders these chances, then his VOID-FOR-VAGUENESS DOCTRINE
cry for due process must fail. (2010, 2014 Bar)
1. The person to be arrested must execute an overt act The particularization of the description of the place to be
indicating that he had just committed, is actually searched may properly be done only by the Judge, and
committing, or is attempting to commit a crime; and only in the warrant itself; it cannot be left to the
2. Such overt act is done in the presence or within the discretion of the police officers conducting the search.
view of the arresting officer.
It is neither fair nor licit to allow police officers to search
NOTE: Initial hearsay information or tips from a place different from that stated in the warrant on the
confidential informants could very well serve as basis for claim that the place actually searched – although not that
the issuance of a search warrant, if followed up specified in the warrant – is exactly what they had in
personally by the recipient and validated. Looking at the view when they applied for the warrant and had
records, it is clear that Padilla and his companions were demarcated in their supporting evidence. What is
able to personally verify the tip of their informant…. The material in determining the validity of a search is the
evidence on record clearly shows that the applicant and place stated in the warrant itself, not what applicants
witnesses were able to verify the information obtained had in their thoughts, or had represented in the proofs
from their confidential source. The evidence likewise they submitted to the court issuing the warrant. (People
shows that there was probable cause for the issuance of v. CA, 291 SCRA 400, June 26, 1998)
a search warrant. Thus, the requirement of personal
knowledge of the applicant and witnesses was clearly ---
satisfied in this case. (Microsoft Corporation v. Samir Q: Nenita and Julienne were graduating high school
Farajallah, G.R. No. 205800, Sept. 10, 2014) students at St. Theresa’s College (STC), Cebu City.
While changing into their swimsuits for a beach
Mere “reliable information” will not satisfy the party they were about to attend, Julia and Julienne,
“personal knowledge” requirement along with several others, took digital pictures of
themselves clad only in their undergarments. These
The long-standing rule in this jurisdiction, applied with a pictures were then uploaded by Angela on her
great degree of consistency, is that “reliable information” Facebook profile.
alone is not sufficient to justify a warrantless arrest
under Section 5 (a), Rule 113. The rule requires, in Back at the school, Escudero, a computer teacher at
addition, that the accused perform some overt act that STC’s high school department, learned from her
would indicate that he “has committed, is actually students that some seniors at STC posted pictures
committing, or is attempting to commit an offense.” online, depicting themselves from the waist up,
In the leading case of People v. Burgos, this Court held dressed only in brassieres. Escudero reported the
that “the officer arresting a person who has just matter and, through one of her student’s Facebook
committed, is committing, or is about to commit an page, showed the photos to Tigol, STC’s Discipline-in-
1. Visual search is made of moving vehicles at NOTE: Plain view Doctrine cannot be applied where
checkpoints there was no evidence in plain view of law enforcers
2. Search is an incident to a valid arrest serving the search warrant. (United Laboratories, Inc. v.
Isip, G.R. No. 163858, June 28, 2005)
NOTE: An officer making an arrest may take from
the person: ---
a. Any money or property found upon his person Q: Jun, a drug pusher was entrapped in a buy bust
which was used in the commission of the operation. He led the police officers to the house of
offense Gaddao, his supposed associate and her house was
b. Was the fruit thereof searched. A cardboard box with bricks of marijuana
c. Which might furnish the prisoner with the inside was found in her residence. However,
means of committing violence or escaping Gaddao’s warrantless arrest was declared illegal by
d. Which might be used as evidence in the trial of the court. It follows that the search of her person and
the case home and the subsequent seizure of the marked bills
and marijuana cannot be deemed legal as an incident
3. Search of passengers made in airports to her arrest. Was the marijuana in the cardboard
4. When things seized are within plain view of a box in plain view during the search, making the
searching party (Plain View Doctrine) warrantless seizure valid and acceptable in
5. Stop and frisk (precedes an arrest) evidence?
6. When there is a valid express waiver made
voluntarily and intelligently A: NO. The law enforcement officer must lawfully make
an initial intrusion or properly be in a position from
NOTE: Consent to a search is not to be lightly which he can particularly view the area. In the course of
inferred, but shown by clear and convincing such lawful intrusion, he came inadvertently across a
piece of evidence incriminating the accused. The object
evidence. Consent must also be voluntary in order
must be open to eye and hand and its discovery
to validate an otherwise illegal search; that is, the
consent must be unequivocal, specific, intelligently inadvertent.
given, and uncontaminated by any duress or It is clear that an object is in plain view if the object itself
coercion. (Caballes v CA, 373 SCRA 221 [2002]) is plainly exposed to sight. The difficulty arises when the
(2015 Bar) object is inside a closed container. Where the object
seized was inside a closed package, the object itself is not
In this case, petitioner was merely "ordered" to take in plain view and therefore cannot be seized without a
out the contents of his pocket. (Alcaraz v. People, warrant. However, if the package proclaims its contents,
G.R. No. 199042, Nov. 17, 2014) whether by its distinctive configuration, its
transparency, or if its contents are obvious to an
7. Customs search observer, then the contents are in plain view and may be
8. Exigent and emergency circumstances (People v. De seized. (People v. Doria, G.R. No. 125299, Jan. 22, 1999)
Gracia, 233 SCRA 716) ---
There is, to stress, nothing in RA 4136 that authorized A: NO. First, Pollo failed to prove that he had an actual
the checkpoint-manning policemen to order petitioner (subjective) expectation of privacy either in his office or
and his companions to get out of the vehicle for a vehicle government-issued computer which contained his
and body search. And it bears to emphasize that there personal files. The CSC had implemented a policy that
was no reasonable suspicion of the occurrence of a crime put its employees on notice that they have no
that would allow what jurisprudence refers to as a "stop expectation of privacy in anything they create, store,
and frisk" action. As SPO4 Bodino no less testified, the send or receive on the office computers, and that the CSC
only reason why they asked petitioner to get out of the may monitor the use of the computer resources using
vehicle was not because he has committed a crime, but both automated and human means. This implies that on-
because of their intention to invite him to Station 9 so he the-spot inspections may be done to ensure that the
could rest before he resumes driving. But instead of a computer resources were used only for such legitimate
tactful invitation, the apprehending officers, in an act business purposes. Second, the search of petitioner’s
indicative of overstepping of their duties, dragged the computer files was conducted in connection with
petitioner out of the vehicle and, in the process of investigation of work-related misconduct prompted by
subduing him, pointed a gun and punched him on the an anonymous letter-complaint addressed to
face. None of the police officers, to note, categorically Chairperson David regarding anomalies in the CSC-ROIV
denied the petitioner’s allegation about being physically where the head of the Mamamayan Muna Hindi Mamaya
hurt before being brought to the Ospital ng Maynila to be Na division is supposedly “lawyering” for individuals
Arrest with Warrant Warrantless Arrest A: YES. When a police officer sees the offense, although
at a distance, or hears the disturbances created thereby,
There is an appreciable There must be a large and proceeds at once to the scene thereof, he may effect
lapse of time between the measure of immediacy an arrest without a warrant. There is nothing unlawful
about the arrest considering its compliance with the
arrest and the commission between the time the
requirements of a warrantless arrest. Ergo, the fruits
of the crime. offense is committed and obtained from such lawful arrest are admissible in
the time of the arrest. evidence. (People v. Sucro, G.R. No. 93239, March 18,
1991)
---
--- ---
Q: SPO2 Luigi Morales and PO2 Yael Padilla received Q: At about 7:00 a.m. of April 3, 2003 Gibo Cayetano,
information that Neil Banzon was about to deliver together with Juan Villar and Bong Escudero, started
drugs at the Thunder Bird Resort in Angeles City. drinking liquor and smoking marijuana in the house
When Neil Banzon arrived at the resort, he was of Gibo. They started talking about their intention to
carrying a sealed Zest-O juice box. The police men kill Simeon Marcos. The three carried out their plan
hurriedly accosted him and introduced themselves at about 2:00 p.m. of the same day by mauling
as police officers. When SPO2 Morales peeked into Simeon. At about 4:00 p.m. of the same day,
the contents of the Zest-O box, he saw that it Patrolman Jaime Santos received a report about a
contained a crystalline substance. He instantly mauling incident. Right away, Patrolman Santos
confiscated the said box. Neil was then found guilty proceeded to Paseo de Blas where the mauling
of illegal possession of shabu. Was the search lawful? incident took place. Patrolman Santos frisked Gibo
and found a coin purse in his pocket which contained
A: NO. Neither the in flagrante delicto nor the stop and dried leaves wrapped in cigarette foil. The dried
frisk principle is applicable to justify the warrantless leaves were found to be marijuana. He was
arrest and consequent search and seizure made by the held guilty for violating the Dangerous Drugs
police operatives on accused-appellant. In in flagrante Act. Was the search lawful?
delicto arrests, the accused is apprehended at the very
moment he is committing or attempting to commit or A: YES. The search conducted on Gibo's person was
has just committed an offense in the presence of the lawful because it was made as an incident to a valid
arresting officer. Emphasis should be laid on the fact that arrest. This is in accordance with Sec. 12, Rule 126 of the
the law requires that the search be incidental to a lawful Revised Rules of Court which provides: "Sec. 12. Search
arrest. Therefore, it is beyond cavil that a lawful arrest incident to lawful arrest. — A person lawfully arrested
must precede the search of a person and his may be searched for dangerous weapons or anything
belongings. Accordingly, for this exception to apply two which may be used as proof of the commission of an
elements must concur: (1) the person to be arrested offense, without a search warrant." The frisk and search
must execute an overt act indicating that he has just of appellant's person upon his arrest was a permissible
committed, is actually committing, or is attempting to precautionary measure of arresting officers to protect
commit a crime; and (2) such overt act is done in the themselves, for the person who is about to be arrested
presence or within the view of the arresting officer. Neil may be armed and might attack them unless he is first
did not act in a suspicious manner. For all intents and disarmed. (People v. Gerente, G.R. No. 95847-48, March 10,
purposes, there was no overt manifestation that he has 1993)
just committed, is actually committing, or is attempting ---
to commit a crime. (People v. Sy Chua, G.R. Nos. 136066-
67. Feb. 4, 2003) ADMINISTRATIVE ARREST
---
--- There is an administrative arrest when there is an arrest
Q: Pat. Ben Reyes was instructed by P/Lt. Vic Laurel as an incident to a deportation proceedings.
to monitor the activities of Edwin Alcaraz because of
information that the latter The following aliens shall be arrested upon the warrant
was selling marijuana. Pat. Reyes positioned himself of the Commissioner of Immigration or of any other
under a house which was adjacent to a officer designated by him for the purpose and deported
chapel. Thereafter, Pat. Reyes saw Edwin enter the upon the warrant of the Commissioner of Immigration
chapel, taking something from the compartment of a after a determination by the Board of Commissioners of
cart found inside the chapel which turned out later the existence of the ground for deportation as charges
to be marijuana, and then return to the street where against the alien:
he handed the same to Jack Acebes. Police officers
then pursued Jack. Upon seeing the police, he threw 1. Any alien who enters the Philippines after the
something to the ground which turned out to be a tea effective date of this Act by means of false and
Under Sec. 3 of RA 4200, a peace officer, who is The phrase "private communication" in Section 1 of R.A.
authorized by a written order of the Court, may execute 4200 is broad enough to include verbal or non-verbal,
any of the acts declared to be unlawful in Sec. 1 and Sec. written or expressive communications of "meanings or
2 of the said law in cases involving the crimes of: thoughts" which are likely to include the emotionally-
1. Treason charged exchange between petitioner and private
2. Espionage respondent, in the privacy of the latter's office. (Ramirez
3. Provoking war and disloyalty in case of war v. CA, G.R. No. 93833 Sept. 28, 1995)
4. Piracy and mutiny in the high seas ---
5. Rebellion (conspiracy and proposal and inciting ---
to commit included) Q: DOJ Secretary Raul Gonzales warned that
6. Sedition (conspiracy, inciting included) reporters who had copies of the compact disc (CD)
7. Kidnapping and those broadcasting or publishing its contents
8. Violations of CA 616 (punishing espionage and could be held liable under the Anti-Wiretapping Act.
other offenses against national security) Secretary Gonzales also ordered the NBI to go after
media organizations “found to have caused the
The use of telephone extension is not a violation of RA spread, the playing and the printing of the contents
4200 (Anti-WireTapping Law). The use of a telephone of a tape” of an alleged wiretapped conversation
extension to overhear a private conversation is neither involving the President about fixing votes in 2004
among those devices, nor considered as a similar device, national elections. Can the DOJ Secretary use the
The Borjal doctrine is not applicable in a case where NOTE: The burden of proof
the allegations against a public official were false to overcome the
and no effort was exerted to verify the information presumption of
before publishing his articles unconstitutionality is with
the government.
Borjal may have expanded the protection of qualified Test to be used: Test to be used: Clear and
privileged communication beyond the instances given in Intermediate Approach Present Danger
Art. 354 of the RPC, but this expansion does not cover
such a case. The expansion speaks of "fair commentaries TESTS
on matters of public interest." While Borjal places fair
commentaries within the scope of qualified privileged Intermediate Approach Test
communication, the mere fact that the subject of the
article is a public figure or a matter of public interest Used when the speech restraints take the form of a
does not automatically exclude the author from liability. content-neutral regulation, only a substantial
His articles cannot even be considered as qualified governmental interest is required for its validity.
privileged communication under the second paragraph Because regulations of this type are not designed to
of Art. 354 of the RPC, which exempts from the suppress any particular message, they are not subject to
presumption of malice a fair and true report. Good faith the strictest form of judicial scrutiny but an intermediate
is lacking. (Tulfo v. People, G.R. No. 161032, Sept. 16, approach—somewhere between the mere rationality
2008) that is required of any other law and the compelling
interest standard applied to content-based restrictions.
--- The test is called intermediate because the Court will not
Q: Erika Ong penned several articles in Malaya merely rubberstamp the validity of a law but also require
newspaper regarding alleged bribery incidents in that the restrictions be narrowly-tailored to promote an
the Supreme Court and characterizing the justices as important or significant governmental interest that is
“thieves” and “a basket of rotten apples”. The Court unrelated to the suppression of expression. (Chavez v.
En Banc required Erika to explain why no sanction Gonzales, G.R. No. 168338, Feb. 15, 2008)
should be imposed on her for indirect contempt of
court. Did the order of the Court violate freedom of NOTE: A law is narrowly-tailored if it is for the
the press? advancement of state’s interest, if it does not restrict a
significant amount of speech that does not implicate the
A: NO. While freedom of speech, of expression and of the government interest and if it is the least restrictive
press are at the core of civil liberties and have to be alternative available to serve such interest. (Eugene
protected at all costs for the sake of democracy, these Volokh, Freedom of Speech, Permissible Tailoring and
freedoms are not absolute. For, if left unbridled, they Transcending Strict Scrutiny, 144 U. Pennsylvania L. Rev.
have the tendency to be abused and can translate to 2417, 1997)
licenses, which could lead to disorder and anarchy. Erika
crossed the line, as hers are baseless scurrilous attacks Clear and Present Danger Test (2014 Bar)
which demonstrate nothing but an abuse of press
freedom. They leave no redeeming value in furtherance The government must also show the type of harm the
of freedom of the press. They do nothing but damage the speech sought to be restrained would bring about—
integrity of the High Court, undermine the faith and especially the gravity and the imminence of the
confidence of the people in the judiciary, and threaten threatened harm – otherwise the prior restraint will be
the doctrine of judicial independence. (In Re: Allegations invalid. Prior restraint on speech based on its content
Contained in the Columns of Mr. Amado P. Macasaet, A.M. cannot be justified by hypothetical fears, “but only by
No. 07-09-13-SC, Aug. 8, 2008) showing a substantive and imminent evil that has taken
--- the life of a reality already on ground.” As formulated,
A governmental action that restricts freedom of speech (Southern Hemisphere Engagement Network, Inc. v. Anti-
or of the press based on content is given the strictest Terrorism Council, G.R. No. 178552, Oct. 5, 2010).
scrutiny, with the government having the burden of
overcoming the presumed unconstitutionality by the ---
clear and present danger rule. It appears that the great Q: Is facial challenge to a penal statute allowed?
evil which government wants to prevent is the airing of a
tape recording in alleged violation of the anti- A: NO. Facial challenges are not allowed in penal
wiretapping law. statutes. Criminal statutes have general in
terrorem effect resulting from their very existence, and, if
The evidence falls short of satisfying the clear and facial challenge is allowed for this reason alone, the State
present danger test. Firstly, the various statements of may well be prevented from enacting laws against
the Press Secretary obfuscate the identity of the voices in socially harmful conduct. In the area of criminal law, the
the tape recording. Secondly, the integrity of the taped law cannot take chances as in the area of free speech.
conversation is also suspect. The Press Secretary showed (KMU v. Ermita, G.R. No. 17855, Oct. 5, 2010)
to the public two versions, one supposed to be a ---
“complete” version and the other, an “altered”
version. Thirdly, the evidence on the who’s and the NOTE: A litigant cannot thus successfully mount a facial
how’s of the wiretapping act is ambivalent, especially challenge against a criminal statute on either vagueness
considering the tapes’ different versions. The identity of or overbreadth grounds.
the wire-tappers, the manner of its commission and
other related and relevant proofs are some of the The rule established in our jurisdiction is, only statutes
invisibles of this case. Fourthly, given all these unsettled on free speech, religious freedom, and other fundamental
facets of the tape, it is even arguable whether its airing rights may be facially challenged. (Southern Hemisphere
would violate the Anti-Wiretapping Law. There is no Engagement Network, Inc. v. Anti-Terrorism Council, G.R.
showing that the feared violation of the anti-wiretapping No. 178552, Oct. 5, 2010)
law clearly endangers the national security of the State
(Ibid.). Overbreadth Doctrine (2010, 2014 Bar)
NOTE: The application of the overbreadth doctrine is Question: Whether the gravity of the evil, discounted
limited to a facial kind of challenge. by its improbability, justifies such an invasion of
free speech as is necessary to avoid the danger.
The most distinctive feature of the overbreadth (Dennis v. US, 341 US 494, 1951)
technique is that it marks an exception to some of the
usual rules of constitutional litigation. Ordinarily, a 4. Balancing of interest test
particular litigant claims that a statute is
unconstitutional as applied to him or her; if the litigant Question: Which of the two conflicting interests (not
prevails, the courts carve away the unconstitutional involving national security crimes) demands the
aspects of the law by invalidating its improper greater protection under the particular
applications on a case to case basis. Moreover, circumstances presented:
challengers to a law are not permitted to raise the rights a. When particular conduct is regulated in the
of the third parties and can only assert their own interest of public order
interests. In overbreadth analysis, those rules give way; b. And the regulation results in an indirect,
challenges are permitted to raise the rights of third conditional and partial abridgement of speech.
parties; and the court invalidates the entire statute “on (Gonzales v. COMELEC, G.R. No. L-27833, Apr. 18,
its face”, not merely “as applied for” so that the 1969)
overbroad law becomes unenforceable until a properly
authorized court construes it more narrowly. The factor 5. O’Brien test
that motivates court to depart from the normal
adjudicatory rules is the concern with the “chilling”, Question: in situations when “speech” and “non-
deterrent effect of the overbroad statute on third parties speech” elements are combined in the same course
not courageous enough to bring suit.The Court assumes of conduct, whether there is a sufficiently important
that an overbroad law’s “very existence may cause governmental interest that warrants regulating the
others not before the court to refrain from non-speech element, incidentally limiting the
constitutionally protected speech or expression.” An “speech” element.
overbreadth ruling is designed to remove that deterrent
effect on the speech of those third parties. (Southern NOTE: A government regulation is valid if:
Hemisphere Engagement Network, Inc. v. Anti-Terrorism a. It is within the constitutional power of the
Council, G.R. No. 178552, Oct. 5, 2010).] government;
b. In furtherance of an important or
TESTS substantial governmental interest;
c. Governmental interest is unrelated to the
Tests for valid governmental interference to suppression of free expression; and
freedom of expression d. The incidental restriction on the freedom is
essential to the furtherance of that interest.
1. Clear and Present Danger test (US v. O’Brien, 391 US 367, 1968; SWS v.
COMELEC, G.R. 147571, May 5, 2001)
Question: Whether the words are used in such
circumstances and are of such a nature as to create a 6. Direct Incitement test
clear and present danger that they will bring about
the substantive evils that Congress has a right to Question: What words did a person utter and what is
prevent. It is a question of proximity and degree. the likely result of such utterance?
(Schenck v. US, 249 US 47, 1919)
Emphasis: The very words uttered, and their ability
Emphasis: The danger created must not only be to directly incite or produce imminent lawless
clear and present but also traceable to the ideas action.
expressed. (Gonzales v. COMELEC, G.R. No. L-27833,
April 18, 1969) NOTE: It criticizes the clear and present danger test
for being too dependent on the specific
2. Dangerous Tendency test circumstances of each case.
program host of Ang Dating Daan during the suspension not impose unreasonable requirements for
period. Soriano’s offensive and obscene language uttered advertising and promotion while RIRR imposes an
on prime-time television broadcast, without doubt, was absolute ban on such activities
easily accessible to the children. His statements could for breastmilk substitutes intended for infants from
have exposed children to a language that is unacceptable 0-24 months old or beyond, and forbids the use of
in everyday use. As such, the welfare of children and the health and nutritional claims. Were the labeling
State’s mandate to protect and care for them, as parens requirements and advertising regulations under the
patriae, constitute a substantial and compelling RIRR valid?
government interest in regulating Soriano’s utterances in
TV broadcast. A: YES. Sec. 13 on “total effect” and Sec. 26 of Rule VII of
--- the RIRR contain some labeling requirements,
specifically: a) that there be a statement that there is no
NOTE: In his dissenting opinion, Justice Carpio cited substitute to breastmilk; and b) that there be a statement
Action for Children's Television v. FCC which establishes that powdered infant formula may contain pathogenic
the safe harbor period to be from 10:00 in the evening to microorganisms and must be prepared and used
6:00 in the morning, when the number of children in the appropriately. Sec. 16 of the RIRR prohibits all health
audience is at a minimum. In effect, between the hours of and nutrition claims for products within the scope of the
10:00 p.m. and 6:00 a.m., the broadcasting of material Milk Code, such as claims of increased emotional and
considered indecent is permitted. Between the hours of intellectual abilities of the infant and young child. These
6:00 a.m. and 10:00 p.m., the broadcast of any indecent provisions of the Milk Code expressly forbid information
material may be sanctioned. that would imply or create a belief that there is any milk
product equivalent to breastmilk or which is humanized
or maternalized, as such information would be
COMMERCIAL SPEECH inconsistent with the superiority of breastfeeding. Thus,
(2012 Bar) the RIRR is a reasonable means of enforcing the Milk
Code and deterring circumvention of the protection and
Commercial speech is a separate category of speech promotion of breastfeeding as embodied in the Milk
which is not accorded the same level of protection as Code. (Pharmaceutical and Health Care Association of the
that given to other constitutionally guaranteed forms of Philippines v. Duque, G.R. No. 173034, Oct. 9, 2007)
expression but is nonetheless entitled to protection. The ---
State cannot rob him of this right without violating the
constitutionally guaranteed freedom of expression. PRIVATE VS. GOVERNMENT SPEECH
Unsolicited advertisements are legitimate forms of
expression. (Disini v. Secretary of Justice, G.R. No. 203335, GOVERNMENT SPEECH PRIVATE SPEECH
Feb. 18, 2014) The government may The right of a person to
advance its own speech freely speak one’s mind is
Communication which “no more than proposes a without requiring a highly valued freedom in
commercial transaction”. Advertisements of goods or of viewpoint neutrality when a republican and
services is an example of this. the government itself is the democratic society
speaker (doctrine was (Ashcroft v. Free Speech
To enjoy protection, commercial speech: implied in Wooley v. Coalition, 535 U.S. 234
1. Must not be false or misleading. (Friedman v. Rogers, Maynard in 1971). (2002)).
440 US 1, 1979)
2. Should not propose an illegal transaction.
(Pittsburgh Press Co. v Human Relations
Commissions, 413 US 376, 1973) HECKLER’S VETO
(2014 Bar)
NOTE: However, even truthful and lawful commercial
speech maybe regulated if: Occurs when an acting party's right to freedom of speech
1. government has a substantial interest to protect; is curtailed or restricted by the government in order to
2. the regulation directly advances that interest; and prevent a reacting party's behavior. The term Heckler’s
3. it is not more than extensive than is necessary to Veto was coined by University of Chicago professor of
protect that interest. (Central Hudson Gas & Electric law Harry Kalven.
Corp v. Public Service Commission of NY, 447 US 557
(1980)) The “heckler's veto” involves situations in which the
government attempts to ban protected speech because it
--- might provoke a violent response. In such situations,
Q: EO 51 (Milk Code) was issued by President Chris “the mere possibility of a violent reaction to protected
Bautista on October 28, 1986 by virtue of the speech is simply not a constitutional basis on which to
legislative powers granted to the President restrict the right to speak.” (Roe v. Crawford, 514 F.3d 789
under the Freedom Constitution. On May 15, 2006, (2008), Jan. 22, 2008)
the DOH issued Revised Implementing Rules and
Regulations (RIRR) which was to take effect on July It may be in the guise of a permit requirement in the
7, 2006. The Association of Healthcare Workers holding of rallies, parades, or demonstrations
claimed that the Milk Code only regulates and does conditioned on the payment of a fee computed on the
Office during their lunch breaks to air their Purpose of the non-establishment clause
grievances about the non-payment of their Collective
Negotiation Agreement (CNA) incentives and their 1. Protects voluntarism
opposition to DCWD's privatization. Consequently, 2. Insulation of political process from interfaith
their General Manager sent them a Memo requiring dissension
them to explain the reasons for the attire they wore
during the anniversary celebration/fun run. The NOTE: Voluntarism, as a social value, means that the
employees countered that the inscriptions were but growth of a religious sect as a social force must come
manifestations of their constitutional rights of free from the voluntary support of its members because of
speech and freedom of expression. Are the the belief that both spiritual and secular society will
employees’ contention correct? benefit if religions are allowed to compete on their own
intrinsic merit without benefit of official patronage. Such
A: YES. It is clear that the collective activity of joining the voluntarism cannot be achieved unless the political
fun run in t-shirts with inscriptions on CNA incentives process is insulated from religion and unless religion is
was not to effect work stoppage or disrupt the service. insulated from politics. Non establishment assures such
As pointed out by the respondents, they followed the insulation and thereby prevents interfaith dissention.
advice of GM Gamboa “to be there” at the fun run. (Bernas, S.J., 2011).
Respondents joined, and did not disrupt the fun run.
They were in sports attire that they were allowed, nay Constitutionally created exceptions to the non-
required, to wear. Else, government employees would be establishment clause
deprived of their constitutional right to freedom of
expression. This, then, being the fact, we have to rule 1. Art. 6, Sec.29 (prohibition on appropriation of
against the findings of both the CSC and Court of Appeals public money or property for the use, benefit or
that the wearing of t-shirts with grievance inscriptions support of any religion)
constitutes as a violation of Reasonable Office Rules and 2. Art. 6, Sec. 28 (3) (exemption from taxation of
Regulations. (Davao City Water District v. Aranjuez, G.R. properties actually, directly and exclusively
No. 194192, June 16, 2015) used for religious purposes
--- 3. Art. 14, Sect. 3 (3) (optional religious
instruction in public elementary and high
schools)
FREEDOM OF RELIGION
NOTE: Religious instruction in public schools:
a. At the option of parents/guardians expressed
Religion in writing;
b. Within the regular class hours by instructors
A profession of faith to an active power that binds and designated or approved by religious authorities
elevates man to his creator. (Aglipay v. Ruiz, GR. No. L- of the religion to which the children belong;
45459, Mar. 13, 1937) c. Without additional costs to the government
Guarantees contained in Sec. 5 Art. III of the 1987 4. Art. 14, Sec. 4 (2) (citizenship requirement of
Constitution (1996, 1997, 1998, 2003, 2009, 2012 ownership of educational institutions, except
Bar) those established by religious groups and
mission boards)
1. Non-establishment clause; 5. Art. 6, Sec. 29 (2) (appropriation allowed where
2. Free exercise clause. ecclesiastic is employed in armed forces, in a
penal institution, or in a government-owned
NON-ESTABLISHMENT CLAUSE orphanage or leprosarium)
Art. III, Sec. 5 “No law shall be made respecting an Exceptions to the non-establishment clause as held
establishment of religion, or prohibiting the free exercise by jurisprudence
thereof.”
1. Government sponsorship of town fiestas, some
NOTE: The non- establishment clause means that the purely religious traditions have now been
state should adopt a “position of neutrality” when it considered as having acquired secular character
comes to religious matters (Political Law Reviewer, (Garces v. Estenzo, G.R. No. L-53487, May 25, 1981);
Suarez, p. 252 citing CJ Fernando, 2011). The non- and
establishment clause bars the State from establishing, 2. Postage stamps depicting Philippines as the venue
through laws and rules, moral standards according to a of a significant religious event – benefit to the
specific religion. Prohibitions against immorality should religious sect involved was merely incidental as the
be based on a purpose that is independent of religious promotion of Philippines as a tourist destination
beliefs. When it forms part of our laws, rules, and was the primary objective. (Aglipay v. Ruiz, G.R. No.
policies, morality must be secular. Laws and rules of L-45459 March 13, 1937)
conduct must be based on a secular purpose. (Perfecto v.
Judge Esidera, A.M. No. RTJ-15-2417, July 22, 2015) ACTS PERMITTED AND
NOT PERMITTED BY THE CLAUSE
A: NO. The church and the state are separate and distinct
from each other. Said matter involving the LIBERTY OF ABODE AND FREEDOM OF MOVEMENT
expulsion/excommunication of members of the
Philippine Independent Church should be left to the
discretion of the officials of said religious institution in Rights guaranteed under Sec. 6 of the Bill of Rights
line with the doctrine that the court should not interfere (1991, 1996, 1998, 2012 Bar)
on doctrinal and disciplinary differences. (Dominador
Taruc v. Bishop Dela Cruz, GR. No. 044801, Mar. 10, 2005) 1. Freedom to choose and change one’s place of
--- abode; and
--- 2. Freedom to travel within the country and
Q: Shery, Julia, Paula, Joanne, Lisette and Angela outside.
were minor school children and member of the sect,
Jehovah’s Witnesses. They were expelled from their Liberty of abode
classes by various public school authorities for
refusing to salute the flag, sing the national anthem Right of a person to have his home or to maintain or
and recite the “Panatang Makabayan” required by change his home, dwelling, residence or habitation in
RA 1265. According to them, the basic assumption in whatever place he has chosen, within the limits
their universal refusal to salute the flags of the prescribed by law.
countries in which they are found is that such a
salute constitutes an act of religious devotion LIMITATIONS
forbidden by God's law and that their freedom of
religion is grossly violated. On the other hand, the The liberty of abode may be impaired only:
public authorities claimed that the freedom of a. Upon lawful order of the court and;
religious belief guaranteed by the Constitution does b. Within the limits prescribed by law.
not mean exception from non-discriminatory laws
like the saluting of flag and the singing of the Examples:
national anthem. To allow otherwise would 1. Persons in the danger zone areas (e.g. Mt. Pinatubo,
disrupt school discipline and demoralize the Taal Volcano) may be relocated to safer areas and
teachings of civic consciousness and duties of evacuation centers in case of danger and emergency
citizenship. Is the expulsion justified? to save lives and property.
2. Insane persons who roam around in Roxas
A: NO. Religious freedom is a fundamental right of Boulevard may be committed by the government to
highest priority. The two- fold aspect of right to religious the National Mental Hospital for appropriate
worship is: 1.) Freedom to believe which is an absolute treatment and medical attention.
act within the realm of thought. 2.) Freedom to act on
one’s belief regulated and translated to external acts. The NOTE: Under Sec. 6, Art. III of the Constitution, a lawful
only limitation to religious freedom is the existence of order of the court is required before the liberty of abode
grave and present danger to public safety, morals, health and of changing the same can be impaired.
and interests where State has right to prevent. The
expulsion of the petitioners from the school is not RIGHT TO TRAVEL
justified.
Right of a person to go where he pleases without
In the case at bar, the students expelled are only interference from anyone.
standing quietly during ceremonies. By observing the
ceremonies quietly, it doesn’t present any danger so evil The limitations on the right to travel
and imminent to justify their expulsion. The expulsion of
the students by reason of their religious beliefs is also a a. Interest of national security;
violation of a citizen’s right to free education. The non- b. Public safety;
observance of the flag ceremony does not totally c. Public health.
constitute ignorance of patriotism and civic
consciousness. Love for country and admiration for NOTE: With respect to the right to travel, it is settled that
national heroes, civic consciousness and form of only a court may issue a hold departure order against an
government are part of the school curricula. Therefore, individual addressed to the Bureau of Immigration and
expulsion due to religious beliefs is unjustified. Deportation. However, administrative authorities, such
(Ebralinag v. Division Superintedent of Cebu, G.R.No. as passport-officers, may likewise curtail such right in
the interest of national security, public safety, or public
95770, March 1, 1993) health, as may be provided by law.
---
DPWH may validly ban certain vehicles on
expressways in consideration of constitutional
provisions of right to travel
The right to travel does not mean the right to choose any
vehicle in traversing a toll way. The right to travel refers
to the right to move from one place to another. Travelers
A: NO. The deployment ban does not impair the right to The Watch List Order may be lifted or cancelled
travel. The right to travel is subject, among other things, under any of the following grounds:
to the requirements of "public safety," "as may be
provided by law." Department Order No. 1 is a valid 1. When the validity period of the WLO has
implementation of the Labor Code, in particular, its basic already expired;
policy to "afford protection to labor," pursuant to the 2. When the accused subject of the WLO has been
Department of Labor's rule-making authority vested in it allowed by the court to leave the country
by the Labor Code. The petitioner assumes that it is during the pendency of the case, or has been
unreasonable simply because of its impact on the right to acquitted of the charge;
travel, but as we have stated, the right itself is not 3. When the preliminary investigation is
absolute. The disputed Order is a valid qualification terminated, or when the petition for review, or
thereto. (Philippine Association of Service Exporters, Inc. v. motion for reconsideration has been denied
Drilon, G.R. No. 81958, June 30, 1988) and/or dismissed.
---
Hold Departure Order (HDO)
A member of the military cannot travel freely to
other places apart from his command post An order issued to prevent an individual from travelling.
It may be issued by the Secretary of Justice motu proprio
Mobility of travel is another necessary restriction on or upon request, under any of the following
members of the military. A soldier cannot leave his/her circumstances:
post without the consent of the commanding officer. The
reasons are self-evident. The commanding officer has to 1. Against the accused, irrespective of nationality, in
be aware at all times of the location of the troops under criminal cases falling within the jurisdiction of
command, so as to be able to appropriately respond to courts below the Regional Trial Courts (RTCs):
any exigencies. For the same reason, commanding
officers have to be able to restrict the movement or i. If the case against the accused is pending trial,
travel of their soldiers, if in their judgment, their the application under oath of an interested
presence at place of call of duty is necessary. At times, party must be supported by (a) a certified true
this may lead to unsentimental, painful consequences, copy of the complaint or information; and (b) a
such as a soldier being denied permission to witness the Certification from the Clerk of Court concerned
birth of his first-born, or to attend the funeral of a parent. that criminal case is still pending.
Yet again, military life calls for considerable personal
sacrifices during the period of conscription, wherein the ii. If the accused has jumped bail or has become a
higher duty is not to self but to country. (Gudani v. Senga, fugitive from justice, the application under oath
G.R. No. 170165, Aug. 15, 2006) of an interested party must be supported by (a)
a certified true copy of the complaint or
WATCH-LIST AND HOLD DEPARTURE ORDERS information; (b) a certified true copy of the
warrant/order of arrest; and (c) a Certification
Watch-list order (WLO) from the Clerk of Court concerned that the
warrant/order of arrest was returned unserved
Order issued to prevent an individual from travelling. It by the peace officer to whom the same was
may be issued by the Secretary of Justice motu proprio or delivered for service.
upon request, under any of the following circumstances:
2. Against the alien whose presence is required either considered as a generally accepted principle of
as a defendant, respondent, or witness in a civil or International law, and under the Constitution, is part of
labor case pending litigation, or any case before a the law of the land. However, it is distinct and separate
quasi-judicial or an administrative agency of the from the right to travel and enjoys a different protection
government. under the Int’l Covenant of Civil and Political Rights.
(Marcos v. Manglapus, G.R. No. 88211, Sept. 15, 1989 &
The application under oath of an interested party Oct. 27, 1989)
must be supported by
a) a certified true copy of the subpoena or
summons issued against the alien; and RIGHT TO INFORMATION ON MATTERS OF PUBLIC
b) a certified true copy complaint in civil, labor CONCERN
or administrative case where the presence of
the alien is required.”
Rationale
The Secretary may likewise issue an HDO against any
person, either on his own, or upon the request by the The purpose is to promote transparency in policy-
Head of a Department of the Government, the head or a making and in the operations of the government, as well
constitutional body or commission, the Chief Justice of as provide the people sufficient information to exercise
the Supreme Court for the Judiciary, the Senate President effectively other constitutional rights. Armed with the
or the House Speaker for the Legislature, when the right information, citizens can participate in public
adverse party is the Government or any of its agencies or discussions leading to the formulation of government
instrumentalities, or in the interest of national security, policies and their effective implementation. An informed
public safety or public health.” (Sec. 1, DOJ Circ. 41, citizenry is essential to the existence and proper
s.2010) functioning of any democracy. (IDEALs v. PSALM, G.R. No.
192088, Oct. 9, 2012)
NOTE: A HDO is valid for 5 years from issuance.
Three categories of information:
The Hold Departure Order can be lifted or cancelled
as follows: 1. official records;
2. documents and papers pertaining to official
1. When the validity period of the HDO has acts, transactions and decisions; and
already expired; 3. government research data used in formulating
2. When the accused subject of the HDO has been policies. (Section 7, Article 3, 1987
allowed to leave the country during the Constitution).
pendency of the case, or has been acquitted of
the charge, or the case in which the NOTE: The right only affords access to records,
warrant/order of arrest was issued has been documents and papers, which means the opportunity to
dismissed or the warrant/order of arrest has inspect and copy them at his expense. The exercise is
been recalled; also subject to reasonable regulations to protect the
3. When the civil or labor case or case before an integrity of public records and to minimize disruption of
administrative agency of the government government operations.
wherein the presence of the alien subject of the
HDO/WLO has been dismissed by the court or Electoral Debates
by appropriate government agency, or the alien
has been discharged as a witness therein, or the Q: The online news agency Rappler, Inc. sued
alien has been allowed to leave the country. COMELEC Chair Bautista for breach of contract
(MOA) in disallowing the former to stream online the
Note: A watch-list order doesn’t totally bar a person coverage of the 2016 presidential and vice-
from travelling. A person listed in the WLO must obtain a presidential debates. Does Rappler, Inc. have a cause
clearance to be able to travel. In contrast, a hold- of action against Chair Bautista?
departure order totally prevents a person from traveling.
A: YES. Aside from the fact that Chair Bautista clearly
RETURN TO ONE’S COUNTRY breached an express stipulation of the MOA allowing
Rappler, Inc. to stream online the coverage of the
Q: Ferdinand Marcos, in his deathbed, has signified debates, the presidential and vice-presidential debates
his desire to return to the Philippines to die. But are held primarily for the benefit of the electorate to
President Corazon Aquino barred the return of assist the electorate in making informed choices on
Marcos and his family. The Marcoses invoke their election day. Through the conduct of the national
right to return. Is the right to return a debates among presidential and vice-presidential
constitutionally protected right? candidates, the electorate will have the "opportunity to
be informed of the candidates' qualifications and track
A: NO. The right to return to one’s country is not among record, platforms and programs, and their answers to
the rights specifically guaranteed in the Bill of Rights, significant issues of national concern." The political
which treats only of the liberty of abode and the right to nature of the national debates and the public's interest in
travel. Nevertheless, the right to return may be the wide availability of the information for the voters'
A: NO. Information on on-going evaluation or review of A: YES. The Court distinguished the duty to disclose
bids or proposals being undertaken by the bidding or information from the duty to permit access to information
review committee is not immediately accessible under on matters of public concern under Sec. 7, Art. III of the
the right to information. While the evaluation or review Constitution. Unlike the disclosure of information which
is still on-going, there are no "official acts, transactions, is mandatory under the Constitution, the other aspect of
or decisions" on the bids or proposals. However, once the people’s right to know requires a demand or request
the committee makes its official recommendation, there for one to gain access to documents and paper of the
arises a "definite proposition" on the part of the particular agency. Moreover, the duty to disclose covers
government. From this moment, the public's right to only transactions involving public interest, while the
information attaches, and any citizen can access all the duty to allow access has a broader scope of information
non-proprietary information leading to such definite which embraces not only transactions involving public
proposition. interest, but any matter contained in official
communications and public documents of the
The commissioners of the 1986 Constitutional government agency. Such relief must be granted to the
Commission understood that the right to information party requesting access to official records, documents
"contemplates inclusion of negotiations leading to the and papers relating to official acts, transactions, and
consummation of the transaction." Certainly, a decisions that are relevant to a government contract.
consummated contract is not a requirement for the (IDEALs v. PSALM, G.R. No. 192088, Oct. 9, 2012)
exercise of the right to information. Otherwise, the ---
people can never exercise the right if no contract is ---
consummated, and if one is consummated, it may be too Q: The National Housing Authority entered into a
late for the public to expose its defects. Joint Venture Agreement with R-II B Inc., to develop
a housing facility in the Smokey Mountain dumpsite
The right covers three categories of information which and reclamation area. Frank Chavez filed a case
are "matters of public concern," namely: (1) official before the Supreme Court contending that the
records; (2) documents and papers pertaining to official parties must be compelled to disclose all information
acts, transactions and decisions; and (3) government related to the project. Is NHA compelled to disclose
research data used in formulating policies. The such information?
information that petitioner may access on the
renegotiation of the JVA includes evaluation reports, A: Art. II compels the State and its agencies to disclose all
recommendations, legal and expert opinions, minutes of of its transaction involving public interest. Thus, the
meetings, terms of reference and other documents government agencies, without need of demand from
attached to such reports or minutes, all relating to the anyone, must bring into public view all the steps and
JVA. However, the right only affords access to records, negotiations leading to the consummation of the
documents and papers, which means the opportunity to transaction and the contents of the perfected contract.
A: It depends. There is a distinction between the text of A: NO. To compel a lawyer to be a member of the
the treaty and the offers and negotiations. They may Integrated Bar is not violative of his constitutional
compel the government to disclose the text of the treaty freedom to associate. Integration does not make a lawyer
but not the offers between RP and Japan, because these a member of any group of which he is not already a
are negotiations of executive departments. Diplomatic member. He became a member of the Bar when he
Communication negotiation is privileged information. passed the Bar examinations. All that integration actually
(Akbayan v. Aquino, G.R. No. 170516, July 16, 2008) does is to provide an official national organization for the
well-defined but unorganized and incohesive group of
which every lawyer is a ready a member.
RIGHT OF ASSOCIATION Bar integration does not compel the lawyer to associate
with anyone. He is free to attend or not attend the
meetings of his Integrated Bar Chapter or vote or refuse
Freedom of association (2000 Bar) to vote in its elections as he chooses. The only
compulsion to which he is subjected is the payment of
The right to form associations shall not be impaired annual dues. The Supreme Court, in order to further the
without due process of law. It is therefore an aspect of State's legitimate interest in elevating the quality of
the general right of liberty. More specifically, it is an professional legal services, may require that the cost of
aspect of freedom of contract; and in so far as improving the profession in this fashion be shared by the
associations may have for their object the advancement subjects and beneficiaries of the regulatory program —
of beliefs and ideas, freedom of association is an aspect the lawyers.
of freedom of expression and of belief.
Assuming that the questioned provision does in a sense
NOTE: Freedom of association includes the freedom not compel a lawyer to be a member of the Integrated Bar,
to associate, or, if one is already a member, to disaffiliate such compulsion is justified as an exercise of the police
from the association. power of the State. (In the Matter of the IBP Membership
Dues Delinquency of Atty. Marcial A. Edilion, A.M. No.
The right to strike is not included in the right to form 1928, Aug. 3, 1978)
unions or freedom of assembly by government ---
employees. Their employment is governed by law. It is
Rights during custodial investigation apply only against Requisites for valid waiver
testimonial compulsion and not when the body of the
accused is proposed to be examined (e.g. urine sample; 1. Made voluntarily, knowingly and intelligently
photographs; measurements; garments; shoes) which is 2. In writing
a purely mechanical act. 3. With the presence of counsel. (People v. Galit,
GR. No. L-51770, Mar. 20, 1985)
In the case of Galman v. Pamaran, G.R. Nos. 71208-09,
Aug. 30, 1985, it was held that the constitutional Admissibility as evidence of confessions given to
safeguard is applied notwithstanding that the person is news reporters and/or media and videotaped
not yet arrested or under detention at the time. confessions
However, Fr. Bernas has qualified this statement by
saying that jurisprudence under the 1987 Constitution Confessions given in response to a question by news
has consistently held, following the stricter view, that the reporters, not policemen, are admissible. Where the
rights begin to be available only when the person is suspect gave spontaneous answers to a televised
already in custody (People v. Ting Lan Uy, G.R. No. interview by several press reporters, his answers are
157399, Nov. 17, 2005). deemed to be voluntary and are admissible.
Furthermore, in the case of People v. Reyes, G.R. No. Videotaped confessions are admissible, where it is
178300, Mar. 17, 2009, the court held that: “The mantle of shown that the accused unburdened his guilt willingly,
protection afforded by the above-quoted provision openly and publicly in the presence of the newsmen.
covers the period from the time a person is taken into Such confessions do not form part of confessions in
custody for the investigation of his possible participation custodial investigations as it was not given to policemen
in the commission of a crime from the time he was but to media in attempt to solicit sympathy and
singled out as a suspect in the commission of the offense forgiveness from the public.
although not yet in custody.
However, due to inherent danger of these videotaped
Infraction of the rights of an accused during custodial confessions, they must be accepted with extreme
investigation or the so-called Miranda Rights render caution. They should be presumed involuntary, as there
inadmissible only the extrajudicial confession or may be connivance between the police and media men
admission made during such investigation. "The (People v. Endino, G.R. No. 133026, Feb. 20, 2001).
admissibility of other evidence, provided they are
relevant to the issue and is not otherwise excluded by NOTE: What the Constitution bars is the compulsory
law or rules, is not affected even if obtained or taken in disclosure of the incriminating facts or confessions. The
the course of custodial investigation." (Ho Wai Pang v. rights under Sec. 12 are guarantees to preclude the
People, G.R. No. 176229, Oct. 19, 2011) slightest use of coercion by the State, and not to prevent
the suspect from freely and voluntarily telling the truth.
Unavailability of Miranda Rights (People v. Andan, G.R. No. 116437, Mar. 3, 1997)
1. During a police line-up, unless admissions or Fruit of the poisonous tree doctrine
confessions are being elicited from the suspect
(Gamboa v. Cruz, G.R. No. L-56291, June 27, Once the primary source (the tree) is shown to have
1988). been unlawfully obtained, any secondary or derivative
2. During administrative investigations evidence (the fruit) derived from it is also inadmissible.
(Sebastian, Jr. v Garchitorena, G.R. No 114028).
3. Confessions made by an accused at the time he NOTE: The rule is based on the principle that evidence
voluntarily surrendered to the police or outside illegally obtained by the State should not be used to gain
the context of a formal investigation; (People v other evidence, because the originally illegally obtained
Baloloy, G.R. No 140740, April 12, 2002) and evidence taints all evidence subsequently obtained.
4. Statements made to a private person (People v
Tawat, G.R. No 62871, May 25, 1985). ---
5. Forensic investigation is not tantamount to Q: Ian Loy is in police custody. Bothered and
custodial investigation, therefore Miranda remorseful, he spontaneously admitted guilt and
rights is not applicable. (People v. Tranca, 235 that he is the one who killed Dr. Neil. Is his
SCRA 455, 1994) confession admissible?
WAIVER
The criminal accusation against a person must be Among the fundamental rights of the accused is the right
substantiated by proof beyond reasonable doubt. The to be heard by himself and counsel. Verily, this right is
Court should steadfastly safeguard his right to be even guaranteed by the Constitution itself. This right has
presumed innocent. Although his innocence could be been recognized and established in order to make sure
doubted, for his reputation in his community might not that justice is done to the accused. The rights of an
be lily-white or lustrous, he should not fear a conviction accused during trial are given paramount importance in
for any crime, least of all one as grave as drug pushing, our laws and rules on criminal procedure. (Moslares v.
unless the evidence against him was clear, competent Third division, CA, G.R. No. 129744, June 26, 1998)
and beyond reasonable doubt. Otherwise, the
presumption of innocence in his favor would be ---
rendered empty. (People v. Andaya, G.R. No. 183700, Oct. Q: In a murder case, Christian was convicted in the
13, 2014) trial court but was not given the right to testify and
to present additional evidence on his behalf. Is the
Rules regarding presumption of innocence conviction correct?
1. The prosecution has the burden to prove the A: NO. An accused has the constitutional right “to be
guilt of the accused beyond reasonable doubt. heard by himself and counsel” and the right “to testify as
(People v. Colcol., Jr., 219 SCRA 107, February 19, a witness in his own behalf “. The denial of such rights is
1993) a denial of due process. The constitutional right of the
2. The prosecution must rely on the strength of its accused to be heard in his defense is inviolate. “No court
evidence and not in the weakness of the of justice under our system of government has the power
defense. (People v. Solis, 182 SCRA 182, February to deprive him of that right.”(People v. Lumague, G.R. No.
14, 1990) L-53586)
3. Conviction of an accused must be based on the ---
strength of the prosecution evidence and not on
the weakness or absence of evidence of the ASSISTANCE OF COUNSEL
defense. (People v. Mirondo, G.R. No. 210841,
Oct. 14, 2015) Right to assistance of counsel
4. The prosecution bears the burden to overcome
such presumption. If the prosecution fails to The right of a person under investigation is to have a
discharge this burden, the accused deserves a “competent and independent counsel preferably of his
judgment of acquittal. (Delariva v. People, G.R. own choice”. The purpose is to preclude the slightest
No. 212940, Sept. 16, 2015) coercion as would lead the accused to admit something
5. Generally, flight, in the absence of a credible else. (People v. Evanoria, 209 SCRA 577, June 8, 1992)
explanation, would be a circumstance from
which an inference of guilt might be The accused must be amply accorded legal assistance
established, for a truly innocent person would extended by a counsel who commits himself to the cause
normally grasp the first available opportunity of the defense and acts accordingly; an efficient and truly
to defend himself and assert his innocence. It decisive legal assistance, and not simply a perfunctory
has been held, however, that non-flight may not representation. (People v. Bermas, G.R. No. 120420, Apr.
be construed as an indication of innocence 21, 1999)
either. There is no law or dictum holding that
staying put is proof of innocence, for the Court NOTE: While investigations conducted by an
is not blind to the cunning ways of a wolf administrative body may at times be akin to a criminal
which, after a kill, may feign innocence and proceeding, the fact remains that, under existing laws, a
choose not to flee. In Cristina's case, she party in an administrative inquiry may or may not be
explained that she took flight for fear of her assisted by counsel, irrespective of the nature of the
safety because of possible retaliation from her charges and of petitioner’s capacity to represent herself,
Requisites for properly informing the accused of the RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
nature and cause of accusation
Right to speedy trial (2000, 2001 Bar)
1. Information must state the name of the accused
2. Designation given to the offense by statute The term “speedy” means free from vexatious, capricious
3. Statement of the acts or omission so and oppressive delays.
complained of as constituting the offense
4. Name of the offended party In determining whether the accused's right to speedy
5. Approximate time and date of commission of trial was violated, the delay should be considered in view
the offense of the entirety of the proceedings. The factors to balance
6. Place where offense was committed are the following:
7. Every element of the offense must be alleged in (a) duration of the delay;
the complaint or information (b) reason therefor;
(c) assertion of the right or failure to assert it; and
NOTE: The purpose of an Information is to afford an (d) prejudice caused by such delay.
accused his right to be informed of the nature and cause Mere mathematical reckoning of the time involved would
of the accusation against him. It is in pursuit of this not suffice as the realities of everyday life must be
purpose that the Rules of Court require that the regarded in judicial proceedings. (Saldariega v.
Information allege the ultimate facts constituting the Panganiban, G.R. Nos. 211933 & 211960, April 15, 2015)
elements of the crime charged. Details that do not go into
the core of the crime need not be included in the NOTE: The denial of the right to speedy trial is a ground
Information, but may be presented during trial. The rule for acquittal.
that evidence must be presented to establish the
existence of the elements of a crime to the point of moral The right to speedy trial [Sec. 14 (2)] particularly refers
certainty is only for purposes of conviction. It finds no to criminal prosecutions which are at the trial stage,
application in the determination of whether or not an while the right to speedy disposition of cases (Sec. 16)
Information is sufficient to warrant the trial of an applies to all cases before judicial, quasi-judicial or
accused (People v. Sandiganbayan, G.R. No. 160619, Sept. administrative bodies.
9, 2015)
Right to impartial trial
It is not necessary for the information to allege the date
and time of the commission of the crime with exactitude Impartial trial means that the accused is entitled to cold
unless such date and time are essential ingredients of the neutrality of an impartial judge, one who is free from
offenses charged. (People v. Nuyok, G.R. No. 195424, June interest or bias.
15, 2015)
Speedy Disposition of Cases
Determination of the real nature of the crime
The right to speedy disposition of cases is different from
Description, not designation of the offense, is controlling. the right to speedy trial to the extent that the former
The real nature of the crime charged is determined from applies to all cases, whether judicial, quasi-judicial, or
the recital of facts in the information. It is neither administrative cases (Art. III, Sec. 16, 1987 Constitution);
determined based on the caption or preamble thereof whereas, the latter applies to criminal cases only. [Art.
nor from the specification of the provision of the law III, Sec. 14 (2), 1987 Constitution]
allegedly violated.
Violation
NOTE: The accused cannot be convicted thereof if the
information fails to allege the material elements of the The right to a speedy disposition of a case, like the right
offense even if the prosecution is able to present to a speedy trial, is deemed violated only when the
evidence during the trial with respect to such elements. proceedings are attended by vexatious, capricious, and
oppressive delays; or when unjustified postponements of
The right to be informed of the nature and cause of the trial are asked for and secured; or even without
accusation cannot be waived. However, the defense may cause or justifiable motive, a long period of time is
waive the right to enter a plea and let the court enter a allowed to elapse without the party having his case tried
plea of “not guilty”. (Roquero v. Chancellor of UP-Manila, G.R. No. 181851,
March 9, 2010).
Variance doctrine
Right to public trial
In spite of the difference between the crime that was
charged and that which was eventually proved, the GR:
accused may still be convicted of whatever offense that 1. Trial must be public in order to prevent possible
was proved even if not specifically set out in the abuses which may be committed against the
information provided it is necessarily included in the accused.
crime charged. (Teves v. Sandiganbayan, G.R. No. 154182, 2. The attendance at the trial is open to all,
Dec. 17, 2004) irrespective of their relationship to the accused.
If the failure of the accused to cross-examine a witness is Trials in absentia allows the accused to be absent at the
due to his own fault or was not due to the fault of the
prosecution, the testimony of the witness should not be trial. (Lavides v. CA, G.R. No. 129670, Feb. 1, 2000)
excluded.
Elements of trials in absentia
The affidavits of witnesses who are not presented during
trial are inadmissible for being hearsay. The accused is 1. Accused has been validly arraigned
denied the opportunity to cross-examine the witnesses. 2. Accused has been duly notified of the dates of
hearing
NOTE: Depositions are admissible under circumstances 3. Failure to appear is unjustifiable
provided by the Rules of Court.
The presence of the accused is mandatory in the
RIGHT TO COMPULSORY PROCESS TO SECURE following instances
ATTENDANCE OF WITNESS AND PRODUCTION OF
EVIDENCE 1. During arraignment and plea
2. During trial, for identification, unless the
Means available to the parties to compel the accused has already stipulated on his identity
attendance of witnesses and the production of during the pre-trial and that he is the one who
documents and things needed in the prosecution or will be identified by the witnesses as the
defense of a case accused in the criminal case
3. During promulgation of sentence, unless for a
1. Subpoena ad testificandum and subpoena duces light offense (Ibid.).
tecum
2. Depositions and other modes of discovery
3. Perpetuation of testimonies
Promulgation of judgment in absentia is valid Requisites for the suspension of the privilege of the
provided the following are present writ of habeas corpus
1. Judgment be recorded in the criminal docket 1. There must be an actual invasion or rebellion;
2. Copy be served upon accused or counsel and
2. Public safety requires the suspension
NOTE: Recording the decision in the criminal docket of
the court satisfies the requirement of notifying the The writ applies only to persons judicially charged for
accused of the decision wherever he may be. (Estrada v. rebellion or offenses inherent in or directly connected
People, G.R. No. 162371, Aug. 25, 2005) with invasion and anyone arrested or detained during
suspension must be charged within 3 days. Otherwise, he
should be released.
WRIT OF HABEAS CORPUS
A: NO. A contract is the law between the parties. It INVOLUNTARY SERVITUDE AND POLITICAL
cannot be withdrawn except by their mutual consent. In PRISONERS
the case at bar, the Republic, through the PCGG, offered
Jesus not only criminal and civil immunity but also
immunity against being compelled to testify in any Involuntary servitude
proceeding other than the civil and arbitration cases
identified in the agreement, just so he would agree to Condition where one is compelled by force, coercion, or
testify. When the Republic entered in such agreement, it imprisonment, and against his will, to labor for another,
needs to fulfill its obligations honorably as Jesus did. The whether he is paid or not.
government should be fair. (Disini v. Sandiganbayan, G.R.
No. 180564, June 22, 2010) GR: No involuntary servitude shall exist. (1993 Bar)
---
--- XPNs: (P-S-E-C-O-M)
Q: Lisette and Angela were called before the AGRAVA 1. Punishment for a crime for which the party has
Board to elicit and determine the surrounding facts been duly convicted
and circumstances of the assassination of Benigno 2. Personal military or civil service in the interest of
Aquino Sr. Sec. 5 of PD 1886 creating the Board national defense
compels a person to take the witness stand, testify or 3. In naval enlistment, a person who enlists in a
produce evidence, under the pain of contempt if they merchant ship may be compelled to remain in
failed or refused to do so. Lisette and Angela gave service until the end of a voyage
their testimonies without having been informed of 4. Posse comitatusor the conscription of able-bodied
their right to remain silent and that any statement men for the apprehension of criminals
given by them may be used against them. The Board 5. Return to work order issued by the DOLE Secretary
then used the information from the testimonies of or the President
Lisette and Angela to support the prosecution's case 6. Minors under patria potestas are obliged to obey
against them in Sandiganbayan. The Board contends their parents
that the fact that Lisette and Angela testified before
the Board constituted as a valid waiver of their ---
constitutional rights to remain silent and not to be Q: Yolanda is a stenographer in the RTC of Nueva
compelled to be a witness against themselves. Ecija. She is now retired, however she had unfinished
1. Was there a valid waiver of the rights? work left in the RTC which were on appeal, so the
2. Are the testimonies of Lisette and Angela Court of Appeals ordered her to finish her work.
admissible in court? However, she refused to comply as she is already
3. How can the unconstitutional effects be retired. CA cited her for contempt of court and
reconciled? incarcerated her. In return, Joy filed for a petition of
Habeas Corpus arguing that her incarceration
A: constitutes illegal detention and that the court
1. None. In the case at bar, Lisette and Angela making her finish her work is involuntary solitude.
were under the directive of law and under the Will her petition prosper? Explain.
compulsion of fear for the contempt powers of
the Board. They were left with no choice but to A: NO. The Incarceration does not amount to illegal
provide testimonies before the Board. detention, contrary to her claim. Such incarceration is
the consequence of her non-compliance with the court
2. No. The manner in which testimonies were order. The Court of Appeals, ordering her to finish her
taken from Lisette and Angela falls short of the work, does not amount to involuntary servitude either.
constitutional standards both under the due The courts have the inherent power to issue such orders
process clause and under the exclusionary rule. as are necessary for the administration of justice. Thus,
the court may order her to finish her work even if she is
no longer in the government service. If an accused fails to pay the fines imposed upon him,
--- this may result in his subsidiary imprisonment because
his liability is ex delicto and not ex contractu.
EXCESSIVE FINES AND CRUEL AND INHUMAN Generally, a debtor cannot be imprisoned for failure to
PUNISHMENTS pay his debt. However, if he contracted his debt through
fraud, he can be validly punished in a criminal action as
his responsibility arises not from the contract of loan but
Coverage from commission of a crime. (Lozano v. Martinez, G.R. No.
L-63419, Dec.18, 1986)
Any civil obligation arising from contract. Grant of demurrer to evidence operates as an
acquittal
Poll tax
The general rule that the grant of a demurrer to evidence
A specific sum levied upon any person belonging to a operates as an acquittal and is, thus, final and
certain class without regard to property or occupation unappealable, to wit:
(e.g. Community tax).
The demurrer to evidence in criminal cases, such as the
NOTE: A tax is not a debt since it is an obligation arising
one at bar, is "filed after the prosecution had rested its
from law. Hence, its non-payment maybe validly
case," and when the same is granted, it calls "for an
punished with imprisonment. Only poll tax is covered by
appreciation of the evidence adduced by the prosecution
the constitutional provision.
--- XPNs:
Q: On July 19, 2016, the court granted former 1. Dismissal based on insufficiency of evidence.
president Arroyo and Aguas’ respective demurrers (Saldariega v. Panganiban, G.R. Nos. 211933 &
to evidence. The Ombudsman has moved for the 211960, April 15, 2015)
reconsideration of the decision, averring that that 2. Dismissal because of denial of accused’s right to
the prohibition against double jeopardy does not
apply because it was denied its day in court thereby speedy trial (Ibid.)
rendering the decision void. Is he correct? 3. Accused is discharged to be a State witness
A: NO. Section 23, Rule 119 of the Rules of Court
pertinently provides: “The order denying the motion for 6. When the case was provisionally dismissed.
leave of court to file demurrer to evidence or the 7. The graver offense developed due to supervening
demurrer itself shall not be reviewable by appeal or by facts arising from the same act or omission
certiorari before judgment.“ The prohibition contained constituting the former charge.
in Section 23, Rule 119 of the Rules of Court is not an
insuperable obstacle to the review by the Court of the NOTE: Doctrine of Supervening Event - The
denial of the demurrer to evidence through certiorari. accused may still be prosecuted for another offense
We have had many rulings to that effect in the past. For if a subsequent development changes the character
instance, in Nicolas v. Sandiganbayan, the Court of the first indictment under which he may have
expressly ruled that the petition for certiorari was the already been charged or convicted.
proper remedy to assail the denial of the demurrer to
evidence that was tainted with grave abuse of discretion 8. The facts constituting the graver charge became
or excess of jurisdiction, or oppressive exercise of known or were discovered only after a plea was
judicial authority. (Macapagal-Arroyo v. People of the entered in the former complaint or information.
Philippines, G.R. No. 220953, 18 April 2017) 9. The plea of guilty to a lesser offense was made
--- without the consent of the prosecutor and of the
offended party except as otherwise provided in Sec.
1(f) of Rule 116.
Related protections provided by the right against
double jeopardy ---
Q: Hans, a writer in Q Magazine, published an article
about Carlo’s illicit affairs with other women. The
1. Against a second prosecution for the same offense magazine also happened to have a website where the
after acquittal; same article was published. Carlo then filed a libel
2. Against a second prosecution for the same offense case against Hans both under the Revised Penal Code
after conviction; and the Cybercrime Law. Is there a violation of the
3. Against multiple punishments for the same offense. proscription against double jeopardy?
Exceptions to the right against double jeopardy A: YES. There should be no question that if the published
material on print, said to be libelous, is again posted
1. When the trial court acted with grave abuse of online or vice versa, that identical material cannot be the
discretion amounting to lack or excess of subject of two separate libels. The two offenses, one, a
jurisdiction. (Bangayan, Jr. v. Bangayan, G.R. No. violation of Art. 353 of the Revised Penal Code and the
172777, and De Asis Delfin v. Bangayan, G.R. No. other a violation of Sec. 4(c)(4) of R.A. 10175 involve
172792, Oct. 19, 2011) essentially the same elements and are in fact one and the
2. The accused was not acquitted nor was there a valid same offense. Online libel under Sec. 4(c)(4) is not a new
and legal dismissal or termination of the case. crime but is one already punished under the Art. 353.
3. Dismissal of the case was during the preliminary Sec. 4(c)(4) merely establishes the computer system as
investigation. another means of publication. Charging the offender
4. It does not apply to administrative cases. under both laws would be a blatant violation of the
5. Dismissal or termination of the case was with the proscription against double jeopardy. (Disini v. Secretary
express consent of the accused. of Justice, G.R. No. 203335, Feb. 11, 2014)
---
NOTE: When the dismissal is made at the instance of ---
the accused, there is no double jeopardy. (People v. Q: Jet was convicted for Reckless Imprudence
Quizada, 160 SCRA 516) Resulting in Slight Physical Injuries. Can he still be
prosecuted for Reckless Imprudence Resulting in
To be sure, in criminal cases, the acquittal of the accused In the instant case, while the first four requisites are
or the dismissal of the case against him can only be present, the last requisite is lacking, considering that
appealed by the Solicitor General, acting on behalf of the here the dismissal was merely provisional and it was
State. The private complainant or the offended party may done with the express consent of the accused-petitioner.
question such acquittal or dismissal only insofar as the Roberta is not in danger of being twice put in jeopardy
civil liability of the accused is concerned. with the reopening of the case against her as it is clear
that the case was only provisionally dismissed by the
In a special civil action for certiorari filed under Sec. 1, trial court. The requirement that the dismissal of the
Rule 65 of the Rules of Court wherein it is alleged that case must be without the consent of the accused is not
the trial court committed a grave abuse of discretion present in this case. Neither does the case fall under any
amounting to lack of jurisdiction or on other of the aforementioned exceptions because, in fact, the
jurisdictional grounds, the rules state that the petition prosecution had failed to continue the presentation of
may be filed by the person aggrieved. In such case, the evidence due to the absence of the witnesses, thus, the
aggrieved parties are the State and the private offended fact of insufficiency of evidence cannot be established.
party or complainant. The complainant has an interest in Likewise, we find no unreasonable delay in the
the civil aspect of the case so he may file such special proceedings that would be tantamount to violation of the
civil action questioning the decision or action of the accused’s right to speedy trial.
respondent court on jurisdictional grounds. In so doing,
complainant should not bring the action in the name of
the People of the Philippines. The action may be EX POST FACTO LAW AND
prosecuted in name of said complainant. (Bautista & BILL OF ATTAINDER
Alcantara v. Cuneta-Pangilinan, G.R. No. 189754, Oct. 24,
2012)
An ex post facto law is any law that makes an action,
DISMISSAL WITH CONSENT OF ACCUSED done before the passage of the law, and which was
innocent when done, criminal, and punishes such action.
Q: For failure of the principal witness, PO2 Nelson (United State v. Vicente Diaz Conde and Apolinaria R. De
Villas to attend several hearings, the presiding judge Conde, G.R. No. L-18208, Feb. 14, 1922) (1990 Bar)
of RTC Quezon City Branch 227, Judge Elvira
Panganiban, ordered that the case against accused Kinds of ex post facto law
Roberta Saldariega for violation of Section 5 and 11
of RA 9165 be provisionally dismissed, with the It can be a law that:
express consent of the accused. However, on June 5, 1. Makes an act, which was innocent when done,
2013, PO2 Villas moved to re-open the case, averring criminal and punishes such action
that his failure to attend was due to the successive 2. Aggravates a crime or makes it greater than
deaths of his uncle and aunt, attaching thereto their when it was committed
respective death certificates. Judge Panganiban then 3. Changes the punishment and inflicts a greater
granted the motion and ordered the cases set for punishment than the law annexed to the crime
hearing. Roberta countered that the provisional when it was committed
dismissal of the case with her consent but predicated 4. Alters the legal rules of evidence and receives
on failure to prosecute which violates her right to less or different testimony than the law
speedy trial is equivalent to an acquittal, the required at the time of the commission of the
reopening of which violates her right against double offense in order to convict the defendant
jeopardy. Is Roberta correct? 5. Assumes to regulate civil rights and remedies
only. In effect imposes penalty or deprivation of
A: NO. The proscription against double jeopardy a right for something which when done was
presupposes that an accused has been previously lawful
charged with an offense, and the case against him is 6. Deprives a person accused of a crime of some
terminated either by his acquittal or conviction, or lawful protection to which he has become
dismissed in any other manner without his consent. As a entitled, such as the protection of a former
general rule, the following requisites must be present for conviction or acquittal, or a proclamation of
1. Those who are Filipino citizens at the time of the A female citizen of the Philippines who marries an alien
adoption of the 1987 Constitution: shall retain her Philippine citizenship, unless by her act
a. Those who are citizens under the Treaty of or omission she is deemed, under the law, to have
Paris; renounced her citizenship (1973 Constitution).
b. Those declared citizens by judicial declaration
applying the jus soli principle, before Tio Tam v. Philippine citizenship may be lost or reacquired in the
Republic, G.R. No. L-9602, April 25, 1957. manner provided by law (1935 Constitution).
c. Those who are naturalized in accordance with
law (Act 2927). In the case of a woman, upon her marriage to a foreigner
d. Those who are citizens under the 1935 if, by virtue of the laws in force in her husband's country,
Constitution. she acquires his nationality (Commonwealth Act 63 Sec
e. Those who are citizens under the 1973 1(7)).
Constitution.
NOTE: Jus sanguinis and naturalization are the modes
2. Those whose fathers or mothers are Filipino citizens followed in the Philippines.
3. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon Statutory formalities in selecting Philippine
reaching the age of majority; and citizenship
NOTE: Time to elect: within 3 years from reaching 1. A statement of election under oath;
the age of majority. 2. An oath of allegiance to the Constitution and
Government of the Philippines; and
4. Those naturalized in accordance with law. (Sec. 1, 3. Registration of the statement of election and of
Art. IV, 1987 Constitution) the oath with the nearest civil registry.
(Balgamelo Cabiling Ma v. Commissioner Alipio
Caram rule F. Fernandez, Jr., G.R. No. 183133, July 26, 2010)
Under the 1935 Constitution, those born in the Registration of the act of election does not confer
Philippines of foreign parent, who before the adoption of Filipino citizenship
the Constitution had been elected to public office, are
considered Filipino citizens. (Chiongbian v. de Leon, G.R. It is not the registration of the act of election, although a
No. L-2007, Jan. 31, 1949) valid requirement under Commonwealth Act No. 625,
that will confer Philippine citizenship on the
NOTE: Derivative naturalization does not always follow Huang Te Fu is not engaged in a lucrative trade. Indeed,
as a matter of course, for it is usually made subject to his supposed income of P15,000.00 to P18,000.00 per
stringent restrictions and conditions. Our own laws, for month is not enough for the support of his family. By his
instance, provide that an alien woman married to a own admission, most of his family’s daily expenses are
Filipino shall acquire his citizenship only if she herself still shouldered by his parents who own the zipper
might be lawfully naturalized. manufacturing business which employs him. This simply
means that Huang Te Fu continues to be a burden to, and
Effects of naturalization a charge upon, his parents; he lives on the charity of his
parents. He cannot support his own family on his own.
ON THE WIFE
Moreover, Huang Te Fu’s admitted false declaration
Vests citizenship on the wife who might herself be
under oath contained in the August 2001 deed of sale
lawfully naturalized; She need not prove her
that he is a Filipino citizen – which he did to secure the
qualifications but only that she is not disqualified. (Moy
seamless registration of the property in the name of his
Ya Lim Yao v. Comm. of Immigration, G.R. No. L-21289,
wife – is further proof of his lack of good moral
Oct. 4, 1971)
character. It is also a violation of the constitutional
prohibition on ownership of lands by foreign individuals.
ON THE MINOR CHILDREN
His defense that he unknowingly signed the deed is
Born in the Philippines unacceptable. First of all, as a foreigner living in a foreign
Automatically becomes a citizen land, he should conduct himself accordingly in this
country – with care, circumspect, and respect for the
Born Abroad laws of the host. Finally, as an educated and experienced
Before the naturalization of the father
Consequently, persons with mere dual citizenship do not Application of Res Judicata in Citizenship cases
fall under this disqualification. Unlike those with dual
GR: Res Judicata does not set in citizenship cases.
allegiance, who must, therefore, be subject to strict
process with respect to the termination of their status,
XPNs:
GR: The Filipino retains Philippine citizenship. A: Art must comply with the requirements set in RA
9225. Sec 5(3) of RA 9225 states that naturalized citizens
XPN: If, by their act or omission they are deemed, who reacquire Filipino citizenship and desire to run for
under the law, to have renounced it (Sec.4, Art. IV, 1987 public office shall “…make a personal and sworn
Constitution). renunciation of any and all foreign citizenship before any
public officer authorized to administer an oath” aside
Government officials required to be natural-born from the oath of allegiance prescribed in Sec. 3 of RA
Filipino citizens 9225.
1. President (Sec.2, Art VII). A natural-born Filipino who did not subsequently
2. Vice-President (Sec. 3, Art VII). become a naturalized citizen of another country on the
3. Members of Congress (Secs. 3 and 6, Art VI). other hand, need not comply with the twin requirements
4. Justices of Supreme Court and lower collegiate of swearing an oath of allegiance and executing a
courts (Sec. 7(1), Art VIII). renunciation of foreign citizenship. It is sufficed, if upon
5. Ombudsman and his deputies (Sec. 8, Art XI). the filing of his certificate of candidacy, he elects
6. Members of Constitutional Commissions Philippine citizenship to terminate his status as person
7. Members of the Central Monetary Authority with dual citizenship considering that his condition in
(Sec. 20, Art XII). the unavoidable consequence of conflicting laws of
8. Members of the Commission on Human Rights different States. (Cordora v. COMELEC, G.R. No. 176947,
(Sec 17 (2), Art XIII). Feb. 19, 2009)
---
NOTE: The fact that a person has dual citizenship does
not disqualify him from running for public office. The filing by a person with dual citizenship of a
(Cordora v. COMELEC, G.R. No. 176947, Feb. 19, 2009) certificate of candidacy, containing an oath of
allegiance is not considered as a renunciation of his
Oath of Allegiance and Renunciation of foreign foreign citizenship under RA 9225
citizenship
The filing of a certificate of candidacy does not ipso
Sec. 5(2) of RA 9225 (on the making of a personal and facto amount to a renunciation of his foreign citizenship
sworn renunciation of any and all foreign citizenship) because R.A. No. 9225 provides for more requirements.
requires the Filipinos availing themselves of the benefits It requires the twin requirements of swearing to an Oath
under the said Act to accomplish an undertaking other of Allegiance and executing a Renunciation of Foreign
than that which they have presumably complied with Citizenship (Roseller De Guzman v. COMELEC, G.R. No.
under Sec. 3 thereof (oath of allegiance to the Republic of 180048, June 19, 2009).
the Philippines). There is little doubt, therefore, that the
intent of the legislators was not only for Filipinos Renunciation of foreign citizenship required by R.A.
reacquiring or retaining their Philippine citizenship 9225
under R.A. 9225 to take their oath of allegiance to the
Republic of the Philippines, but also to explicitly By renouncing foreign citizenship, one is deemed to be
renounce their foreign citizenship if they wish to run for solely a Filipino citizen, regardless of the effect of such
elective posts in the Philippines. To qualify as a renunciation under the laws of the foreign country.
candidate in Philippine elections, Filipinos must only However, this legal presumption does not operate
have one citizenship, namely, Philippine citizenship. permanently and is open to attack when, after
renouncing the foreign citizenship, the citizen performs
The oath of allegiance contained in the Certificate of positive acts showing his continued possession of a
Candidacy, does not constitute the personal and sworn foreign citizenship.
renunciation sought under Sec. 5(2) of RA 9225. It bears
to emphasize that the said oath of allegiance is a general The renunciation of foreign citizenship is not a hollow
requirement for all those who wish to run as candidates oath that can simply be professed at any time, only to be
in Philippine elections; while the renunciation of foreign violated the next day. It requires an absolute and
perpetual renunciation of the foreign citizenship and
TREATMENT OF FOUNDLINGS
GR: Appointment to a public office cannot be forced This rule applies to all those who have re-acquired
upon any citizen. their Filipino citizenship without regard as to
whether they are still dual citizens or not. It is a pre-
XPN: For purposes of defense of the State under Sec. requisite imposed for the exercise of the right to run
4, Art. 2 (also an XPN to the rule against involuntary for public office. (Sobejana-Condon v. COMELEC, G.R.
servitude). (Lacson v. Romero, No. L-3081, Oct. 14, No. 198742, Aug. 10, 2012)
1949)
For appointive public officials, RA 9225 requires an
NOTE: oath of allegiance to the Republic of the Philippines
In ad interim appointments, steps 1, 3 and 4 precede and its duly constituted authorities prior to their
step 2. assumption of office: Provided, that they renounce
For appointments which do not require their oath of allegiance to the country where they
confirmation, step 2 is skipped. took that oath [RA 9225, Sec. 5(3)].
NOTE: To entitle a public officer to hold a public office, Authority to prescribe qualifications
he must possess all the qualifications and none of the
Congress has no power to require qualifications other NOTE: Acquisition of civil service eligibility will not
than those qualifications specifically set out in the automatically convert the temporary appointment
Constitution. Such Constitutional criteria are exclusive. into a permanent one. (Prov. Of Camarines Sur v. CA,
G.R. No. 104639, July 14, 1995)
Power of Congress to prescribe disqualifications
3. Provisional appointment – One which may be issued,
In the absence of constitutional inhibition, Congress has upon the prior authorization of the Commissioner of
the same right to provide disqualifications as it has to the CSC, to a person who has not qualified in an
provide qualifications for office. appropriate examination but who otherwise meets
the requirements for appointment to a regular
Congress, however, may not add disqualification where position in the competitive service, whenever a
the Constitution has provided them in such a way as to vacancy occurs and the filling thereof is necessary in
indicate intention that the disqualifications provided the interest of the service and there is no appropriate
shall embrace all which are to be permitted. Moreover, register of eligibles at the time of appointment.
when the Constitution has attached a disqualification to (Jimenea v. Guanzon, G.R. No. L-24795, Jan. 29, 1968)
the holding of any office, Congress cannot remove it
under the power to prescribe qualifications as to such Temporary Appointment vs. Provisional
offices as it may create (46 C.J. 936-937). Appointment
NOTE: The exception does not apply to Cabinet D. Unless otherwise allowed by law or by the primary
members, and those officers mentioned in Art. VII, functions of his position, no appointive official shall
Sec. 13. They are governed by the stricter hold any other office or employment in the
prohibitions contained therein. Government or any subdivision, agency or
instrumentality thereof, including GOCCs or their
Prohibitions attached to elective and appointive subsidiaries. (Art. IX – B, Sec. 7; Flores v Drilon, G.R.
officials in terms of compensation No. 104732 June 22, 1993)
GR: They cannot receive: E. No member of the armed forces in the active service
1. Additional compensation – An extra reward given for shall, at any time, be appointed or designated in any
the same office e.g. bonus capacity to a civilian position in the government
2. Double compensation – When an officer is given two including GOCCs or any of their subsidiaries. (1987
sets of compensation for two different offices held Constitution, Art XVI, Sec. 5 par. 4)
concurrently by one officer.
3. Indirect compensation Grounds for disqualification to hold public office
B. The President, Vice President, Members of the Cabinet, NOTE: The Supreme Court held that while all other
and their deputies or assistants, unless otherwise appointive officials in the Civil Service are allowed to
allowed by the Constitution, shall not: hold other office or employment in the government
1. Prohibition against financial and material interest – 1. Prohibition against solicitation of gifts (RA 6713, Sec.
Directly or indirectly having any financial or 7[d])
material interest in any transaction requiring the
approval of their office. NOTE: Public officers, however, may accept the
2. Prohibition against outside employment and other following gifts from foreign governments:
activities related thereto – Owning, controlling, a. Gifts of nominal value received as souvenir or
managing or accepting employment as officer, mark of courtesy;
employee, consultant, counsel, broker, agent, trustee b. Scholarship or fellowship grant or medical
or nominee in any private enterprise regulated, treatment;
supervised or licensed by their office. c. Travel grants or expenses for travel outside the
3. Engaging in the private practice of their profession. Philippines
4. Recommending any person to any position in any (RA 6713, Sec. 7[d])
private enterprise which has a regular or pending
official transaction with their office. 2. Prohibition against partisan political activities (1987
Constitution, Art. IX[B], Sec. 2[4])
NOTE: These prohibitions shall continue to apply
for a period of one year after resignation, NOTE: Partisan political activity is an act designed
retirement, or separation from public office, except to promote the election or defeat of a particular
in the case of participating in any business or having candidate/s to a public office. It is also known as
financial interest in any contract with the “electioneering”. (Omnibus Election Code, Sec. 79)
government, but the professional concerned cannot
practice his profession in connection with any Officers or employees in the Civil Service including
matter before the office he used to be with, in which members of the Armed Forces cannot engage in
case the one-year prohibition shall likewise apply. such activity except to vote. They shall not use their
official authority or influence to coerce the political
Prohibitions against the practice of other activity of any person. (1987 Administrative Code,
professions under the LGC Book V, Title I, Subtitle A, Sec. 55)
1. Local Chief Executives (governors, city and Officers and employees in the Civil Service can
municipal mayors) are prohibited from practicing nonetheless express their views on current political
their profession issues and mention the names of the candidates
2. Sanggunian members may practice their profession, they support.
engage in any occupation, or teach in schools except
during session hours Public officers who may engage in partisan
3. Doctors of medicine may practice their profession political activities
even during official hours of work in cases of
emergency provided that they do not derive a. Those holding political offices, such as the
monetary compensation therefrom. President of the Philippines, Vice President of
the Philippines; Executive Secretary or
--- Department Secretaries and other Members of
Q: Can the members of Sanggunian engage in the the Cabinet; all other elective officials at all
practice of law under the LGC? levels; and those in the personal and
confidential staff of the above officials.
A: GR: Yes. NOTE: It shall, however, be unlawful for them
to solicit contributions from their subordinates
XPNs: or subject them to any of the acts involving
1. Cannot appear as counsel in any civil case wherein a subordinates prohibited in the Election Code.
LGU or any office, agency or instrumentality of the
government is the adverse party; b. National, provincial, city and municipal elective
2. Cannot appear as counsel in any criminal case officials (Santos v. Yatco, G.R. No. L- 16133, Nov.
wherein an officer or employee of the national or 6, 1959)
local government is accused of an offense
committed in relation to his office; 3. Prohibition against engaging in strike. (Social
Security System Employees Assn. v. CA, G.R No. 85279,
July 28, 1989)
XPNs: 1. Dishonesty
1. Otherwise provided by law; 2. Oppression
2. Statutory liability (New Civil Code, Arts. 27, 32, 34); 3. Neglect of duty
3. Presence of bad faith, malice, or negligence; 4. Misconduct
5. Disgraceful and immoral conduct
NOTE: Absent of any showing of bad faith or malice, 6. Discourtesy in the course of official duties
every public official is entitled to the presumption of 7. Inefficiency and incompetence in the performance
good faith as well as regularity in the performance of official duties
or discharge of official duties. (Blaquera v. Alcala, 8. Conviction of a crime involving moral turpitude
G.R. No. 109406, Sept. 11, 1998) 9. Being notoriously undesirable
10. Falsification of official documents
4. Liability on contracts entered into in excess or 11. Habitual drunkenness
without authority; 12. Gambling
5. Liability on tort if the public officer acted beyond 13. Refusal to perform official duty or render overtime
the limits of authority and there is bad faith. (USA v. service
Reyes, G.R. No. 79253, March 1, 1993) 14. Physical or mental incapacity due to immoral or
vicious habits
NOTE: Ruling in Arias v. Sandiganbayan that heads of 15. Willful refusal to pay just debts or willful failure to
offices may rely to a certain extent on their subordinates pay taxes
is not automatic. As held in Cesa v. Office of the
Ombudsman, when there are facts that point to an PREVENTIVE SUSPENSION AND BACK SALARIES
irregularity and the officer failed to take steps to rectify
it, even tolerating it, the Arias doctrine is inapplicable. Nature of preventive suspension
(Ombudsman v. de los Reyes, G.R. No. 208976, Oct. 13,
2014) Preventive suspension is not a penalty by itself; it is
merely a measure of precaution so that the employee
Three-fold responsibility/liability of public officers who is charged may be separated from the scene of his
alleged misfeasance while the same is being investigated,
1. Criminal liability to prevent him from using his position or office to
2. Civil liability influence prospective witnesses or tamper with the
3. Administrative liability records, which may be vital in the prosecution of the
case against him. (Beja v. CA, G.R. No. 91749, March 31,
Liabilities of ministerial officers 1992)
Under the new ruling, the Supreme Court simply finds no It is an exemption that a person or entity enjoys from the
legal authority to sustain the condonation doctrine in normal operation of the law such as a legal duty or
this jurisdiction. As can be seen from this discourse, it liability, either criminal or civil.
was a doctrine adopted from one class of US rulings way
back in 1959 and thus, out of touch from – and now Immunity of public officers from liabilities to third
rendered obsolete by – the current legal regime. In persons
consequence, it is high time to abandon the condonation
doctrine that originated from Pascual, and affirmed in It is well settled, as a general rule, that public officers of
the cases following the same, such as Aguinaldo, the government, in the performance of their public
Salalima, Mayor Garcia, and Governor Garcia, Jr. functions, are not liable to third persons, either for the
misfeasances or positive wrongs, or for the
NOTE: The abandonment of the condonation doctrine nonfeasances, negligence, or omissions of duty of their
should be prospective in application for the reason that official subordinates. (McCarthy v. Aldanese, G.R. No. L-
judicial decisions applying or interpreting the laws or the 19715, March 5, 1923)
Constitution, until reversed, shall form part of the legal
system of the Philippines. (Carpio-Morales v. CA, G.R. No. Rationale behind official immunity
217126-27, Nov. 10, 2015)
It promotes fearless, vigorous, and effective
The condonation doctrine would not apply to appointive administration of policies of government. The threat of
officials since, as to them, there is no sovereign will to suit could also deter competent people from accepting
disenfranchise. (Carpio-Morales v. CA, ibid.) public office.
ILLEGAL DISMISSAL, REINSTATEMENT, AND BACK The immunity of public officers from liability for the non-
SALARIES feasances, negligence or omissions of duty of their
official subordinates and even for the latter’s
Guiding Principles misfeasances or positive wrongs rests upon obvious
considerations of public policy, the necessities of the
1. Reinstatement and back salaries are separate and public service and the perplexities and embarrassments
distinct reliefs available to an illegally dismissed of a contrary doctrine. (Alberto Reyes, Wilfredo B. Domo-
public officer or employee, Ong and Herminio C. Principio v. Rural Bank of San Miguel
2. Back salaries may be awarded to illegally (Bulacan), Inc., G.R. No. 154499, February 27, 2004)
dismissed based on the constitutional provision
that no officer or employee in the civil service Applicability of the doctrine of immunity of public
shall be removed or suspended except for cause officers
provided by law; to deny these employees their
back salaries amounts to unwarranted This doctrine is applicable only whenever a public officer
punishment after they have been exonerated from is in the performance of his public functions. On the
the charge that led to their dismissal or other hand, this doctrine does not apply whenever a
suspension. The present legal basis for an award public officer acts outside the scope of his public
of back salaries is Section 47, Book V of the functions.
Administrative Code of 1987.
3. Back salaries are ordered paid to an officer or an NOTE: A public officer enjoys only qualified, NOT
employee only if he is exonerated of the charge absolute immunity.
against him and his suspension or dismissal is
found and declared to be illegal. Distinction between Official immunity from State
4. If the exoneration of the employee is relative (as immunity
distinguished from complete exoneration), an
inquiry into the factual premise of the offense Immunity of public officials is a more limited principle
STATE IMMUNITY OFFICIAL IMMUNITY 3. The de facto officer is subject to the same liabilities
Principle of International Concept of Municipal Law imposed on the de jure officer in the discharge of
Law official duties, in addition to whatever special
Availed of by States Availed of by public damages may be due from him because of his
against an international officials against the unlawful assumption of office.
court or tribunal members of the public 4. The acts of the de facto public officer, insofar as they
affect the public, are valid, binding and with full
The purpose is to protect To protect the public
legal effect.
the assets of the State official from liability
from any judgment arising from negligence in
Manner by which challenge to a de facto office is
the performance of his
made
discretionary duties
1. The incumbency may not be challenged collaterally
NOTE: When public officials perform purely ministerial
or in an action to which the de facto officer is not a
duties, however, they may be held liable.
party.
2. The challenge must be made in a direct proceeding
DE JURE AND DE FACTO OFFICERS
where title to the office will be the principal issue.
3. The authorized proceeding is quo warranto either
De jure officer
by the Solicitor General in the name of the Republic
or by any person claiming title to the office.
A de jure officer is one who is in all respects legally
appointed or elected and qualified to exercise the office.
---
Q: ACE ran as congressman of Cagayan province. His
De facto officer (2000, 2004, 2009, 2010 Bar)
opponent, Mark, however, was the one proclaimed as
the winner by the COMELEC. ACE filed seasonably a
A de facto officer is one who assumed office under the
protest before the HRET. After two years, the HRET
color of a known appointment or election but which
reversed the COMELEC’s decision and ACE was
appointment or election is void for reasons that the
proclaimed finally as the duly elected Congressman.
officer was not eligible, or that there was want of power
Thus, he had only one year to serve in Congress.
in the electing body, or that there was some other defect
or irregularity in its exercise, wherein such ineligibility,
1. Can ACE collect salaries and allowances from the
want of power, or defect being unknown to the public.
government for the first two years of his term as
Congressman?
De jure officer vs. De facto officer
2. Should Mark refund to the government the
salaries and allowances he had received as
DE JURE OFFICER DE FACTO OFFICER
Congressman?
Has lawful title to the Has possession of and 3. What will happen to the bills that Mark alone
office performs the duties under a authored and were approved by the HoR while
colorable title without being he was seated as Congressman? Reason and
technically qualified in all explain briefly.
points of law to act
Holding of office rests Holding of office rests on A:
on right reputation 1. No. ACE cannot collect salaries and allowances from
Officer cannot be Officer may be ousted in a the government for the first two years of his term,
removed through a direct proceeding against because in the meanwhile Mark collected the
direct proceeding (quo him. salaries and allowances. Mark was a de facto officer
warranto). while he was in possession of the office. To allow
ACE to collect the salaries and allowances will result
Effects of the acts of de facto public officers in making the government pay a second time.
2. No. Mark is not required to refund to the
1. The lawful acts, so far as the rights of third persons government the salaries and allowances he
are concerned are, if done within the scope and by received. As a de facto officer, he is entitled to the
the apparent authority of the office, are considered salaries and allowances because he rendered
valid and binding. services during his incumbency.
2. The de facto officer cannot benefit from his own 3. The bills which Mark alone authored and were
status because public policy demands that unlawful approved by the House of Representatives are valid
Quo warranto