Poltical Law - Nachura

Nachura Notes Constitutional Law
I. GENERAL PRINCIPLES A. Political Law branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. . Scope!"ivision #. Constitutional Law study of the maintenance of the proper balance between authority as represented by the $ inherent powers of the State and liberty as guaranteed by the ill of %ights &. Administrative Law 'i(es the organization of the government) "etermines the competence of the administrative authorities who e(ecute the law) and *ndicates to the individuals remedies for the violation of his right. $. Law on +unicipal Corporations ,. Law of Public -fficers .. /lection Law C. asis of the Study #. #0$. and #01$ Constitution &. #023 Constitution $. -ther organic laws made to apply in the Philippines ,. Statutes4 /-s and decrees4 5udicial decisions .. 6S Constitution II. THE PHILIPPINE CONSTITUTION A. Nature of the Constitution #. "efinition a. 7he body of rules and ma(ims in accordance with which the powers of sovereignty are habitually e(ercised. b. 7hat written instrument enacted by the direct action of the people4 by which the fundamental powers of the government are established4 limited and defined) and by which those powers are distributed among several departments for their safe and useful e(ercise for the benefit of the body politic. #
&. Purpose a. Prescribe permanent rame!or" of a system of government) b. Assign to se#era$ departments their respective powers and duties c. /stablish certain irst princip$es on which the government is founded $. Classification a. 8ritten precepts are embodied in one document! set of documents 6nwritten rules which have not been integrated into a single4 concrete form but are scattered in various sources 9statutes4 5udicial decisions4 commentaries4 customs and traditions4 common law principles:. b. /nacted 9Conventional: formally struc; off at a definite time and place following a conscious or deliberate effort ta;en by a constituent body or ruler. /volved 9Cumulative: result of political evolution4 changing by accretion rather than by any systematic method. c. %igid amended only by formal and usually difficult process 'le(ible changed by ordinary legislation ,. <ualities of a good written Constitution a. road comprehensive enough to provide for every contingency b. rief confine to basic principles to be implemented c. "efinite to prevent ambiguity .. /ssential parts of a good written Constitution a. Constitution of Liberty sets forth the civil and political rights of the citizens and imposing limitations on the powers of the government b. Constitution of =overnment outlines the organization of the government) enumerates its powers) and lay down rules relative to its administration c. Constitution of Sovereignty points out the mode or procedure in accordance with formal changes in the fundamental law may be brought about 3. *nterpretation!Construction of the Constitution
a. >erba legis? given their ordinary meaning e(cept where technical terms are employed b. %atio legis et anima? ambiguity intent of the framers4 bearing in mind the ob5ects sought to be accomplished and evils sought to be prevented) doubtful provision shall be e(amined in light of the history of the times and the conditions and circumstances under which the Constitution was framed c. 6t magis valeat @uam pereat? Constitution to be interpreted as a whole A Safer to construe the Constitution from what Bappears upon its face.C *f4 however4 the plain meaning of the word is not found to be clear4 resort to other aids is available. A *n case of doubt4 consider provisions as selfA e(ecuting) mandatory rather than directory) and prospective rather than retroactive. A SelfAe(ecuting provisions? one that lays down principle is usually not selfAe(ecuting. 7hat which is complete in itself and becomes operative without the aid of supplementary or enabling legislation4 or that which supplies a sufficient rule by means of which the right it grants may be en5oyed or protected4 is selfAe(ecuting. A SelfAe(ecuting if the nature and e(tent of the right conferred and liability imposed are fi(ed by the Constitution itself. A Section &34 Article ** of the Constitution does N-7 contain 5udicially enforceable constitutional rights. . #. &. $. ,. .. 3. rief Constitutional Distory +alolos Constitution American %egime and -ther -rganic Acts #0$. Constitution Eapanese -ccupation #01$ Constitution #021 Constitution
C. Amendment #. Amendment isolated or piecemeal change in the Constitution %evision revamp or rewriting of the entire instrument &. Legislative Power merely provides details for implementation $. Steps &
a. Proposal A Congress4 F of ALL its membersG understood as F of Senate and F of D%s A Constit%tiona$ Con#ention4 called into e(istence by &!$ a vote of all the members of Congress with the @uestion of whether or not to call a convention to be resolved by the people in a plebiscite A Peop$e t&ro%g& Po!er o Initiati#e4 petition of at least #&H of the total number of registered voters4 of which every legislative district must be represented by at least $H of the registered voters therein power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for that purpose Limitation' No amendment w!in . years following the ratification of this Constitution nor more than once every five years thereafter. ( s)stems o initiati#e' 9#: *nitiative on the Constitution 9&: *nitiative on Statutes 9$: *nitiative on Local Legislation A Choice of method of proposal is within the full discretion of the legislature A $ 7heories on the position of a Constitutional Convention visAIAvis the regular departments of government 9#: 7heory of Conventional Sovereignty 9&: Convention is inferior to other departments 9$: *ndependent of and coAe@ual to the other departments b. %atification A %atified by a ma5ority of the votes cast in a plebiscite held not earlier than 3J nor later than 0J days after the approval of the proposal by Congress or the Constitutional Convention4 or after the certification by the C-+/L/C of the sufficiency of the initiative. A "octrine or proper submission? Constitution prescribes the time frame within which the plebiscite is to be held4 there can no longer be any @uestion on whether the time given to the people to determine the merits and demerits of the proposed amendment is ade@uate. A Plebiscite may be held on the same day as a regular election. A /ntire Constitution must be submitted for ratification at one plebiscite only.
A 7he people have to be given a Bproper frame of referenceC in arriving at their decision. ,. Eudicial %eview of Amendments issue is whether or not the constitutional provisions had been followed. /. 7he Power of Eudicial %eview #. Eudicial %eview power of the courts to test the validity of e(ecutive and legislative acts in light of their conformity with the Constitution. A Power is inherent in the Constitution. A Section #4 Article >** of the Constitution? Eudicial power includes the duty of the courts of 5ustice to settle actual controversies involving rights which are legally demandable and enforceable4 and to determine whether or not there has been a grave abuse of discretion amounting to lac; or e(cess of 5urisdiction on the part of any branch or instrumentality of =overnment. &. 8ho may e(ercise A Power of the SC to decide constitutional @uestions. A Constitutional appellate 5urisdiction of the SC and implicitly recognizes the authority of lower courts to decide @uestions involving the constitutionality of laws4 treaties4 agreements4 etc. A Notice to Sol=en is mandatory to enable him to decide whether or not his intervention in the action is necessary. $. 'unctions of Eudicial %eview 9#: Chec;ing 9&: Legitimizing 9$: Symbolic ,. %e@uisites 9#: Actual case or controversy 9&: Constitutional @uestion must be raised by the proper party A A partyKs standing in court is a procedural technicality which may be set aside by the Court in view of the importance of the issues involved) paramount public interest!transcendental importance A BPresent substantial interestC such interest of a party in the sub5ect matter of the action as will entitle him under substantive law4 to recover of the evidence is sufficient4 or that he has a legal title to defend and the defendant will be protected in payment to or recovery from him. $
A A ta(payer4 or group of ta(payers4 is a proper party to @uestion the validity of a law appropriating public funds. A & %e@uisites for 7a(payerKs Suit? 9#: Public funds are disbursed by a political subdivision or instrumentality 9&: A law is violated or irregularity is committed 9$: Petitioner is directly affected by the ultra vires act A 7he =overnment is a proper party to @uestion the validity of its own laws4 because more than any one4 it should be concerned with the constitutionality of its acts 7he established rule is that a party can @uestion the validity of a statute only if4 as applied to him4 it is unconstitutional. /(ception? 'acial Challenge4 when it operates in the area of freedom of e(pression. -verbreadth "octrine? permits a party to challenge the validity of a statute even though4 as applied to him4 it is not unconstitutional4 but it might be if applied to other not before the Court whose activities are constitutionally protected. *nvalidation of the statute Bon its faceC4 rather than Bas appliedC is permitted in the interest of preventing a Bchilling effectC on freedom of e(pression. 'acial challenge is the most difficult challenge because the challenge must establish that no set of circumstances e(ists under which the act would be valid. A 7he constitutional @uestion must be raised at the earliest possible opportunity A 7he decision on the constitutional @uestion must be determinative of the case itself. A ars 5udicial in@uiry into a constitutional @uestion unless the resolution is indispensable to the determination of the case. A /very law has in its favor the presumption of constitutionality4 and to 5ustify its nullification4 there must be a clear and une@uivocal breach of the Constitution. .. /ffects of "eclaration of 6nconstitutionality A -rthodo( >iew? unconstitutional act is not a law4 it confers no rights and imposes no duties) it affords no protection4 creates no office) it is inoperative as if it had not been passed at all.
A +odern >iew? certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized. 3. Partial 6nconstitutionality A Legislature must be willing to retain the valid portions separability clause A >alid portion can stand independently as law III. THE PHILIPPINES AS A STATE State? a community of persons4 more or less numerous4 permanently occupying a definite portion of territory4 independent of e(ternal control and possessing a government to which a great body of inhabitants render habitual obedience. State is a legal or 5uristic concept) nation is an ethnic or racial concept. =overnment is an instrumentality of the State through which the will of the State is implemented and realized. /lements? 9#: People 9&: 7erritory Components? #: 7errestrial &: 'luvial $: +aritime ,: Aerial 9$: =overnment 9,: Sovereignty Archipelago "octrine? the waters around4 between and connecting the islands of the archipelago4 regardless of their breadth and dimensions4 form part of the internal waters of the Philippines. Straight aseline +ethod? *maginary straight lines are drawn 5oining the outermost points of outermost islands of the archipelago4 enclosing an area the ratio of which should not be more than 0?#) provided that the drawing of the baselines shall not depart4 to any appreciable e(tent4 from the general configuration of the archipelago. 'unctions of the =overnment? 9#: Constituent mandatory for the =overnment to perform because they constitute the very bonds of society ,
9&: +inistrant intended to promote the welfare4 progress and prosperity of the people and which are merely optional for =overnment to perform "octrine of Parens Patriae? parents of the people) the =overnment may act as guardian of the rights of the people who may be disadvantaged or suffering from some disability or misfortune. Classification 9#: "e 5ure "e facto Linds #: 7a;es possession or control of4 or usurps4 by force or by the voice of the ma5ority4 the rightful legal government and maintains itself against the will of the latter) &: /stablished by the inhabitants of a territory who rise in insurrection against the parent state) and $: /stablished by invading forces of an enemy who occupy a territory in the course of war 9de facto government of paramount force:. 9&: Presidential separation of e(ecutive and legislative powers Parliamentary fusion of both e(ecutive and legislative in Parliament) actual e(ercise of e(ecutive powers is vested in a Prime +inister who is chosen by4 and accountable to the Parliament 9$: 6nitary 'ederal Sovereignty? supreme and uncontrollable power inherent in a State by which that State is governed Linds? #: Legal power to issue final commands Political sum total of all the influences which lie behind the law &: *nternal supreme power over everything within the territory /(ternal!*ndependence freedom from e(ternal control #: &: $: ,: .: 3: 1: Characteristics? Permanence /(clusiveness Comprehensiveness Absoluteness *ndivisibility *nalienability *mprescriptibility
/ffects of Change in Sovereignty? Political laws are abrogated) municipal laws remain in force /ffects of elligerent -ccupation? No change in sovereignty. Political laws4 e(cept the law on treason4 are suspended) +unicipal laws remain in force unless repealed by belligerent occupant) At the end of belligerent occupation4 political laws shall automatically become effective again 9doctrine of 5us postliminium: "ominium capacity to ac@uire or own property *mperium authority possessed by the State embraced in the concept of sovereignty Eurisdiction 7erritorial? power of the State over persons and things within its territory. /(emption? 9#: 'oreign states4 head of states4 diplomatic representatives and consuls to a certain degree) 9&: 'oreign state property4 including embassies4 consulates and public vessels engaged in nonA commercial activities) 9$: Acts of state 9,: 'oreign merchant vessels e(ercising the rights of innocent passage or involuntary entry such as arrival under stress 9.: 'oreign armies passing through or stationed in its territory with its permission) and 93: -ther persons or property4 including organizations li;e the 6N4 over which it may4 by agreement4 waive 5urisdiction. Personal? power of the State over its nationals4 which may be e(ercised by the State even of the individual is outside the territory of the State. /(traterritorial? power e(ercised by the State beyond its territory4 e(ample? 9#: Assertion of its personal 5urisdiction over its nationals abroad or the e(ercise of its right to punish offenses committed outside its territory .
against its national interests even if the offenders are nonAresident aliens) 9&: y virtue of its relations with other states!territories 9as when it establishes a colonial protectorate or a condominium or administers a trust territory or occupies enemy territory in the course of war:) 9$: Local state waives 5urisdiction over persons and things within its territory) 9,: Principle of e(traterritoriality 9.: /n5oyment of easements or servitudes 9easement of innocent passage or arrival under stress: 93: /(ercise of 5urisdiction by the state in the high seas over its vessels4 over pirates4 in the e(ercise of the right to visit and search4 and under doctrine or hot pursuit) 91: /(ercise of limited 5urisdiction over the contiguous zone and the patrimonial sea4 to prevent infringement of its customs4 fiscal4 immigration or sanitary regulations. State *mmunity from Suit? 7he State cannot be sued without its consent. %oyal Prerogative of "ishonesty? 7here can be no legal right against the authority which ma;es the law on which the right depends. *t may be sued if its gives consent. Par in parem non habet imperium? *mmunity is en5oyed by other States. 7he Dead of the State4 who is deemed the personification of the State4 is inviolable and en5oys immunity. 7est to "etermine if Suit is Against the State 8hether it re@uires an affirmative act from the state. Suit against =overnment Agencies #. *ncorporated if the charter provides that the agency can sue and be sued4 then suit will lie4 including one for tort. 7he provision in the charter constitutes e(press consent on the part of the State to be sued. +unicipal corporations4 agencies of the state when they are engaged in governmental functions and should en5oy sovereign immunity from suit. 7hey are sub5ect to suit even in the performance of such functions because their respective charters
provide that they can sue and be sued. 9Section && L=C: &. 6nincorporated in@uire into the principal functions *f governmental? no suit without consent *f proprietary? suit will lie4 because when the State engages in principally proprietary functions4 then it descends to the level of a private individual4 and may therefore be vulnerable to suit. Suit Against Public -fficers? 7he doctrine of state immunity also applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority. /(ceptions? 9may be sued without prior consent from State: #. to compel him to do an act re@uired by law) &. to restrain him from enforcing an act claimed to be unconstitutional) $. to compel the payment of damages from an already appropriated assurance fund or to refund ta( overApayments from a fund already available for the purpose) ,. to secure a 5udgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist him) .. where government itself has violated its own laws4 because the doctrine of state immunity Bcannot be used to perpetrate an in5usticeC 8here a public officer has committed an ultra vires act4 or there is a showing of bad faith4 malice or gross negligence4 then the officer can be held personally accountable. *n order that suit may lie against the state4 there must be consent. 8here no consent is shown4 state immunity from suit may be invo;ed as a defense by the courts sua sponte at any stage of the proceedings. /(press consent? general law or special law *mplied consent #. state commences a litigation &. state enters into a business contract Scope of consent? consent to be sued does not include consent to the e(ecution of 5udgment 3
against it. Such e(ecution will re@uire another waiver. Suability is not e@uated with outright liability. Liability will have to be determined by the court on the basis of the evidence and the applicable law. I*. +UN,A-ENTAL PO.ERS O+ THE STATE *nherent powers of the State #. Police Power &. /minent "omain $. Power of 7a(ation Similarities #. inherent in the state4 without need of e(press constitutional grant &. necessary and indispensable $. methods by which the state interferes with private property ,. presupposes e@uivalent compensation .. e(ercised primarily by legislature "istinctions #. Police power regulates liberty and property /minent domain and ta(ation affects only property rights &. Police power and ta(ation are e(ercised only by government /minent domain may be e(ercised by private entities $. Property ta;en in police power is usually no(ious or intended for no(ious purposes and may be destroyed *n eminent domain and ta(ation4 the property is wholesome and devoted to public use!purpose. ,. Compensation in police power is the intangible4 altruistic feeling that the individual has contributed to the public good) *n eminent domain4 it is the full and fair e@uivalent of the property ta;en) *n ta(ation4 it is the protection given and!or public improvements instituted by government for ta(es paid. Limitations #. ill of %ights &. Courts may annul improvident e(ercise of police power
Police Power Power of promoting public welfare by restraining and regulating the use of liberty and property. +ost pervasive4 least limitable and most demanding of the three powers. Eustification? salus populi est suprema le( and sic utere tuo ut alienum non laedas 8ho may e(erciseM *nherently vested in Legislature Congress may validly delegate this power to the President4 administrative bodies and to lawma;ing bodies of L=6s. L=6s e(ercise this power under the general welfare clause

Congress y delegation4 the President4 administrative bodies4 L=6s and even private enterprises performing public services

%e@uisites
9#: Necessity 9&: Private Property4 e(cept money and choses in
action 9$: 7a;ing in the constitutional sense 9,: Public use 9.: Eust Compensation full and fair e@uivalent of the property ta;en) fair mar;et value of the property Eudicial Prerogative Ascertainment of what constitutes 5ust compensation for property ta;en in eminent domain cases is a 5udicial prerogative.
Limitations 9test for valid e(ercise: Lawful sub5ect? interest of the public) activity or property sought to be regulated affects the general welfare) if it does then the en5oyment of the rights flowing therefrom may have to yield to the interest of the greater number. Lawful means? means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals. /(press grant by law 8ithin territorial limits 9for L=6s e(cept when e(ercised to protect water supply: +ust not be contrary to law
'orm of Compensation Paid in money and no other form. *n agrarian reform4 payment is allowed to be made partly in bonds because under the CA%P4 Bwe do not deal with the traditional e(ercise of the power of eminent domain) we deal with a revolutionary ;ind of e(propriation.C %ec;oning point of mar;et value of the property "ate of the ta;ing or the filing of the complaint4 whichever comes first.
'or +unicipal -rdinances to be >alid? 9#: +ust not contravene the Constitution or the statute 9&: +ust not be unfair or oppressive 9$: +ust not be partial or discriminatory 9,: +ust not prohibit but may regulate trade 9.: +ust not be unreasonable 93: +ust be general in application and consistent with public policy Power of /minent /(propriation: Eurisdiction %7C 8ho may e(ercise the power 1 "omain 9Power of
Principal criterion in determining 5ust compensation Character of the land at the time of the ta;ing /ntitlement of owner to interest 8hen there is delay in the payment of 5ust compensation4 the owner is entitled to payment of interest if claimed) otherwise4 interest is deemed waived) *nterest is 3H per annum4 prescribed in Article &&J0 of the CC4 N-7 #&H per annum under Central an; Circular No. ,#34 latter applies to loans or forbearances of money4 goods or credits or 5udgments involving such loans or forbearance of money4 goods or credits. 7he ;ind of interest here is by way of damages. *n some e(propriation cases4 the court imposes #&H damages for delay in payment which4 in
effect4 ma;es the obligation on the part of government one of forbearance. 8ho else may be entitled to 5ust compensation -wner 7hose who have lawful interest 7itle to the property "oes not pass until after payment
9,: Lands within the declared Areas for Priority "evelopment4 Nonal *mprovement Program sites4 Slum *mprovement and %esettlement sites which have not yet been ac@uired) 9.: L*SS sites which have not yet been ac@uired) and 93: Privately owned lands 7he mode of e(propriation is sub5ect to & conditions? 9#: %esorted to only when the other modes of ac@uisition have been e(hausted 9&: Parcels owned by small property owners are e(empt from such ac@uisition Small property owners? 9#: -wners of residential lots not more than $JJ s@. m. in highly urbanized cities and not more than 2JJ s@. m. in other urban areas 9&: 7hey do not own residential property other than the same Power of 7a(ation 8ho may e(ercise Legislature Local legislative bodies 7o a limited e(tent4 the President4 when granted delegated tariff powers Limitations on the e(ercise "ue process of law4 must not be confiscatory /@ual protection clause4 must be uniform and e@uitable Public purpose

%ight of landowner in case of nonApayment of 5ust compensation "oes not entitle to recover possession of the e(propriated lots -nly to demand payment of the '+> of the property "ue process of law "efendant must be given an opportunity to be heard 8rit of Possession4 ministerial upon?
9#: 'iling of complaint for e(propriation sufficient
in form and substance 9&: 6pon deposit by the government of the amount e@uivalent to #.H of the '+> of the property per current ta( declaration 7he plaintiffKs right to dismiss the complaint has always been sub5ect to Court approval and to certain conditions4 because the landowner may have already suffered damages at the start of the ta;ing. %ight to repurchase or reAac@uire the property Property ownerKs right to repurchase the property depends upon the character of the title ac@uired by the e(propriator? if land is e(propriated for a particular purpose with the condition that when that purpose is ended or abandoned4 the property shall revert to the former owner4 the former owner can reAac@uire the property.
"ouble ta(ation Additional ta(es are laid on the same sub5ect by the same ta(ing 5urisdiction during the same ta(ing period and for the same purpose.
Lands for socialized housing are to be ac@uired in the following order? 9#: =overnment lands 9&: Alienable lands of the public domain 9$: 6nregistered4 abandoned or idle lands) 2
7a( /(emptions No law granting ta( e(emption shall be passed without the concurrence of a ma5ority of all the +embers of Congress. Charitable institutions4 churches and parsonages or convents appurtenant thereto4 mos@ues4 nonA profit cemeteries4 and all lands4 buildings and improvements actually4 directly and e(clusively
used for religious4 charitable or educational purposes e(empt %evenues and assets of nonAstoc;4 nonAprofit educational institutions used actually4 directly and e(clusively for educational purposes e(empt Proprietary educational institutions may be e(empt sub5ect to limitations provided by law =rants4 endowments4 donations4 or contributions used actually4 directly4 and e(clusively for educational purposes e(empt Police Power vs. 7a(ation License fee v. 7a( license fee is a police measure) ta( is revenue measure Amount collected for a license fee is limited to the cost of permit and reasonable police regulation 9e(cept when the license fee is imposed on a nonA useful occupation:) amount of ta( may be unlimited provided it is not confiscatory License fee is paid for the privilege of doing something and may be revo;ed when public interest so re@uires) ta( is imposed on persons or property for revenue Linds of license fee 9#: 'or useful occupation!enterprises 9&: NonAuseful occupation!enterprises 9when used to discourage4 it may be a bit e(orbitant: *. PRINCIPLES AN, STATE POLICES Preamble "oes not confer rights nor impose duties *ndicates authorship of the Constitution /numerates the primary aims and aspirations of the framers Serves as an aid in the construction of the Constitution %epublicanism 7he Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. /ssential features 9#: %epresentation 9&: %enovation +anifestations 9#: =overnment of law and not of men 0
9&: 9$: 9,: 9.: 93:
%ule of ma5ority Accountability of public officials ill of rights Legislature cannot pass irrepealable laws Separation of powers
Purpose 7o prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its e(ercise to the detriment of republican institutions. Principle of lending of Powers *nstances when powers are not confined e(clusively within one department but are assigned to or shared by several departments. Principle of Chec;s and alances 7his allows one department to resist encroachments upon its prerogatives or to rectify mista;es or e(cesses committed by the other departments. "octrine of Necessary *mplication Absence of e(press conferment4 the e(ercise of the power may be 5ustified under this doctrine4 that the grant of an e(press power carries with it all other powers that may be reasonably inferred from it. A purely 5usticiable @uestion implies a given right4 legally demandable and enforceable4 an act or omission violative of such right4 and a remedy granted and sanctioned by law for said breach of right. Political @uestion is a @uestion of policy. *t refers to those @uestions which4 under the Constitution4 are to be decided by the people in their sovereign capacity4 or in regard to which full discretionary authority has been delegated to the legislative or e(ecutive branch of government. *t is concerned with issues dependent upon wisdom4 not legality of particular measure. "elegation of powers Potestas delegate non potest delegare "elegated power constitutes not only a right but a duty to be performed by the delegate through the
instrumentality of his own 5udgment and not through the intervening mind of another. Permissible delegation 9#: 7ariff powers to the president 9&: /mergency powers to the president 9in times of war or national emergency: 9$: "elegation to the people specific provisions where the people have reserved to themselves the function of legislation %eferendum? power of the electorate to approve or re5ect legislation through an election called for the purpose) referendum on statutes and referendum on local law Plebiscite? electoral process by which an initiative on the Constitution is approved or re5ected by the people. 9,: "elegation to L=6s 9.: "elegation to Administrative odies power of subordinate legislation 7ests for valid delegation 9#: Completeness test? the law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him e(cept to enforce it. 9&: Sufficient standard test? intended to map out the boundaries of the delegatesK authority by defining the legislative policy and indicting the circumstances under which it is up be pursued and effected) the standards usually indicated in the law delegating legislative power. 7he *ncorporation Clause 7he Philippines renounces war as an instrument of national policy4 adopts the generally accepted principles of international law as part of the law of the land4 and adheres to the police of peace4 e@uality4 5ustice4 freedom4 cooperation and amity with all nations. *ndependent foreign policy and nuclearAfree Philippines /(piration of ases Agreement %enunciation of 8ar 9#: Covenant of the League of Nations 9&: LelloggA riad Pact of #0&2 9$: Charter of the 6nited Nations "octrine of *ncorporation our courts have applied the rules of international law in a number of cases even of such rules had not previously been #J
sub5ect of statutory enactments4 because these generally accepted principles of international law are automatically part of our own laws. Civilian Supremacy Civilian authority is4 at all times supreme over the military. 7he A'P is the protector of the people and the State. *ts goal is to secure the sovereignty pf the State and integrity of the national territory. "uty of =overnment) people to defend the State 7he prime duty of the =overnment is to serve and protect the people. 7he =overnment may call upon the people to defend the State and4 in the fulfillment thereof4 all citizens may be re@uired4 under conditions provided by law4 to render personal military or civil service. 7he maintenance of peace and order4 the protection of life4 liberty and property4 and the promotion of the general welfare are essential for the en5oyment by all the people of the blessings of democracy. %ight to right. ear Arms? statutory4 not constitutional
Separation of Church and State 'reedom of religion clause %eligious sect cannot be registered as political party No sectoral representative from the religious sector Prohibition against appropriation for sectarian benefit /(ceptions 9#: Section &29$:4 Article 3? /(emption from ta(ation 9&: Section &09&:4 Article 3? Prohibition against sectarian benefit4 e(cept when priest is assigned to the armed forces or to any penal institution or government orphanage or leprosarium 9$: Section $9$:4 Article #,? -ptional religious instruction for public elementary and high school studies 9,: Section ,9&:4 Article #,? 'ilipino ownership re@uirement to educational institutions4 e(cept those established by groups and mission boards
*ndependent 'oreign Policy and NuclearAfree Philippines State shall pursue an independent foreign policy. *n relations with other states4 the paramount consideration shall be national sovereignty4 territorial integrity4 national interest and the right to selfAdetermination. 7he Philippines consistent with the national interest4 adopts and pursues a policy of freedom from nuclear weapons in its territory. Eust and dynamic social order State shall promote a 5ust and dynamic social order that will ensure prosperity and independence of the nation and free the people from poverty through policies that provide ade@uate social services4 promote full employment4 a rising standard of living and an improved @uality of life for all. Promotion of Social Eustice Promote social 5ustice in all phases of national development %espect for human dignity and human rights State values the dignity of every human person and guarantees full respect for human rights. 'amily and Oouth 7he State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. *t shall e@ually protect the life of the mother and the life of the unborn from conception. 7he natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive support of the =overnment. 7he State recognizes the vital role of the youth in nationAbuilding and shall promote and protect their physical4 moral4 spiritual4 intellectual and social wellAbeing. *t shall inculcate in the youth patriotism and nationalism4 and encourage their involvement in public and civic affairs. 'undamental e@uality of men and women State recognizes the role of women in nationA building and shall ensure the fundamental e@uality before the law of men and women. ##
Promotion of health and ecology State shall protect and promote the right to health of the people and instill health consciousness among them. 7he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Priority to education4 science4 technology4 etc. State shall give priority to education4 science and technology4 arts4 culture and sports4 to foster patriotism and nationalism4 accelerate social progress4 and promote total human liberation and development. Protection to Labor State affirms labor as a primary social economic force. *t shall protect the rights or wor;ers and promote their welfare. SelfAreliant and independent economic order State shall develop a selfAreliant and independent national economy effectively controlled by 'ilipinos. 7he State recognizes the indispensable role of the private sector4 encourages private enterprise4 and provide incentives to needed investments. Land reform State shall promote comprehensive development and agrarian reform. rural
*ndigenous cultural communities State recognizes and promotes the rights of indigenous cultural communities within the framewor; of national unity and development. *ndependent peopleKs organizations State shall encourage nonAgovernmental4 communityAbased4 or sectoral organizations that promote the welfare of the nation. Communication and information in nationAbuilding State recognizes the vital role of communication and information in nationAbuilding. Autonomy of local governments State shall ensure the autonomy of local governments.
"ecentralization and does not ma;e the local governments sovereign within the State or an imperium in imperio. "ecentralization of administration? delegation of administrative powers to the L=6 in order to broaden the base of governmental powers. "ecentralization of power? abdication by the national government of governmental powers.
8ho are protected 6niversal in application to all persons Artificial persons are covered by the protection only insofar as their property is concerned =uarantee e(tends to aliens and includes the means of livelihood +eaning of life4 liberty and property Life? right of an individual to his body in its completeness4 free from dismemberment and e(tends to the use of =odAgiven faculties which ma;es life en5oyable Liberty? the right to e(ist and the right to be free from arbitrary personal restraint or servitude) includes the right to be free to use his faculties in all lawful ways Property? anything that can come under the right of ownership and can be sub5ect of contract) the right to secure4 use and dispose them.
/@ual access of opportunities for public service State shall guarantee e@ual access of opportunities for public service and prohibit political dynasties as may be defined by law. Donest public service and full public disclosure State shall maintain honesty and integrity in the public service and ta;e positive and effective measures against graft and corruption. State adopts and implements a policy of full public disclosure of all its transactions involving public interest. *I. /ILL O+ RIGHTS "efinition Set of prescriptions setting forth the fundamental civil and political rights of the individual4 and imposing limitations on the powers of government. =enerally4 any government action in violation of the ill of %ights is void. =enerally selfAe(ecuting. Civil %ights %ight that belong to every citizen of the state or country and are not connected with the organization or administration of government. Political %ights %ight to participate4 directly or indirectly4 in the establishment or administration of government. "ue Process of Law? No person shall be deprived of life4 liberty or property without due process of law "efinition A law which hears before it condemns4 which proceeds upon in@uiry and renders 5udgment only after trial. #&
Aspects of due process

#. Substantive restriction on governmentKs lawA
and ruleAma;ing powers %e@uisites? #. interest of the public &. means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals &. Procedural restriction on actions of 5udicial and @uasiA5udicial agencies of government %e@uisites? #. impartial court or tribunal clothed with 5udicial power to hear and determine the matter before it &. 5urisdiction must be lawfully ac@uired over the person of the defendant and over the property which is the sub5ect matter of the proceeding $. the defendant must be given an opportunity to be heard ,. 5udgment must be rendered upon lawful hearing Publication as part of due process Publication is imperative to the validity of laws4 P"s and /os4 administrative rules and regulation and is an indispensable part of due process.
Appeal and due process Appeal is not a natural right nor is it part of due process) it may be allowed or denied by legislature in its discretion.
ut where the Constitution gives a person the right to appeal4 denial of such constitutes a violation of due process.
Preliminary investigation and due process %ight to preliminary investigation is not a constitutional right4 but it is merely a right conferred by statute. ut where there is a statutory grant of the right to preliminary investigation4 denial of such constitutes a violation of due process. Administrative due process %e@uisites 9#: %ight to a hearing4 includes the right to present oneKs case and submit evidence in support thereof) 9&: 7ribunal must consider the evidence presented) 9$: "ecision must have something to support itself) 9,: /vidence must be substantial) 9.: "ecision must be rendered on the evidence presented or at least contained in the records and disclosed to the parties) 93: 7ribunal or any of its 5udges must act on its own or his own independent consideration of the facts and the law of the controversy4 and not simply accept the views of a subordinate in arriving at a decision) and 91: 7he board or body should4 in all controversial @uestions4 render its decision in such a manner that the parties to the proceeding will ;now the various issues involved4 and the reason for the decision.
Political 9#: 'ree access to courts 9&: ona fide candidates being free from harassment!discrimination 9$: %eduction of social4 economic and political ine@ualities Social
>alid Classification 9#: Substantial distinctions 9&: =ermane to the purpose of the law 9$: Not limited to e(isting conditions only 9,: +ust apply e@ually to all members of the same class Searches and Seizures Scope Available to all persons4 including aliens4 whether accused of a crime or not. Artificial persons are also entitled to the guarantee4 although they may be re@uired to open their boo;s of accounts for e(amination by the State in the e(ercise of police and ta(ing powers. %ight is personal -b5ection must be raised before the accused enters his plea Procedural %ules #. warrantless arrest is not a 5urisdictional defect and any ob5ection thereto is waived when the person arrested submits to arraignment without any ob5ection) &. where a criminal case is pending4 the Court wherein it is filed4 or the assigned branch4 has primary 5urisdiction to issue the search warrant) $. where no criminal case has been filed4 the e(ecutive 5udges or their lawful substitutes4 in the areas and for the offense contemplated shall have primary 5urisdiction) ,. moment the information is filed with the %7C4 it is that court which must issue the warrant of arrest) .. the 5udge may order the @uashal of a warrant he issued even after the same had already been implemented4 particularly when such @uashal is based on the finding that there is no offense committed items seized shall be inadmissible in evidence #$
/@ual Protection of the Laws +eaning All persons or things similarly situated should be treated ali;e4 both as to rights conferred and responsibilities imposed. Natural and 5uridical persons are entitled to this guarantee. 8ith respect to 5uridical persons4 they en5oy the protection only insofar as their property is concerned. Scope of /@uality /conomic 9#: 'ree access to courts 9&: +arine wealth reserved for 'ilipino citizens 9$: %eduction of social4 economic and political ine@ualities
-nly a 5udge may issue a warrant /(ception? order of arrest may be issued by administrative authorities but only for the purpose of carrying out a final finding of a violation of law4 e.g. an order of deportation or an order of contempt but not for the sole purpose of investigation or prosecution. %e@uisites for a >alid 8arrant 9#: Probable cause 9&: "etermination of probable cause personally by the 5udge 9$: After e(amination under oath or affirmation of the complainant and the witnesses he may produce 9,: Particularity of description 7he 5udge shall 9#: Personally evaluate the report and the supporting documents submitted by the fiscal regarding the e(istence of probable cause and4 on the basis thereof4 issue a warrant of arrest) or 9&: *f on the basis thereof4 he finds no probable cause4 he may disregard the prosecutorKs report band re@uire the submission of supporting affidavits of witnesses. Principles? 9#: 7he determination of probable cause is a function of the 5udge 9&: 7he preliminary in@uiry made by the prosecutor does not bind the 5udge4 as it is the report4 affidavits4 the transcript of stenographic notes and all other supporting documents behind the prosecutorKs certification which are material in assisting the 5udge in his determination of probable cause 9$: Eudges and prosecutors should distinguish the preliminary in@uiry which determines probable cause for the issuance of the warrant of arrest from the preliminary investigation proper which ascertains whether the offender should be held for trial or be released 9,: -nly a 5udge may issue a warrant of arrest Eudge himself conducts the preliminary investigation4 for him to issue a warrant of arrest4 the investigating 5udge must? 9#: Dave e(amined4 under oath4 the complainant and the witnesses) #,
9&: e satisfied that there is probable cause) and 9$: 7hat there is a need to place the respondent under immediate custody in order not to frustrate the ends of 5ustice Particularity of "escription? 9#: %eadily identify the properties to be seized and thus prevent them from seizing the wrong items) and 9&: Leave peace officers with no discretion regarding the articles to be seized and thus prevent unreasonable searches and seizures. 8arrant of Arrest particularly describe the person to be seized if it contains the name!s of the person!s to be seized. Eohn "oe warrant descriptio persona Search 8arrant description is as speci ic as t&e circ%mstances !i$$ ordinari$) a$$o! or when description e(presses a conclusion of fact 9not of law: by which the warrant officer may be guided in ma;ing the search) or when the things described are limited to those which bear direct relation to the offense for which the warrant is being issued. Properties Sub5ect of Seizure? 9#: Sub5ect of the offense 9&: Stolen or embezzled property and other proceeds or fruits of the offense) and 9$: Property used or intended to be used as means for the commission of an offense Conduct of the Search 9#: Lawful occupant 9&: Any member of his family 9$: & witnesses4 of sufficient age and discretion4 residing in the same locality 8arrantless arrests by a peace officer or a private person? 9#: 8hen the person to be arrested has committed4 is actually committing or is attempting to commit an offense in his presence) 9&: 8hen the offense had 5ust been committed and there is probable cause to believe4 based on his personal ;nowledge of facts and of other circumstances4 that the person to be arrested has committed the offense)
9$: 8hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final 5udgment or temporarily confined while his case is pending4 or has escaped while being transferred from one confinement to another) and 9,: 8hen the right is voluntarily waived. uyAbust operation is a valid in flagrante arrest. *n flagrante arrests? 9#: 7he person to be arrested must e(ecute an overt act indicating that he had 5ust committed4 is actually committing4 or is attempting to commit a crime) and 9&: Such overt act is done in the presence or within the view of the arresting officer. *n 9&:? 9#: there must be immediacy between the time the offense is committed and the time of the arrest. *f there was an appreciable lapse of time between the arrest and the commission of the crime4 a warrant of arrest must be secured and 9&: the person ma;ing the arrest has personal ;nowledge of certain facts indicating that the person to be ta;en into custody has committed the crime. <uestion the validity of the arrest before entering plea) failure to do so would constitute a waiver of his right against unlawful restraint of his liberty. Dowever4 waiver is limited to the illegal arrest. *t does not e(tend to the search made as an incident thereto4 or to the subse@uent seizure if evidence allegedly found during the search. 8arrantless Searches 9#: 8hen the right is voluntarily waived) 9&: 8hen there is a valid reason to BstopAandAfris;C) 9$: 8here the search 9and seizure: is an incident to a lawful arrest) 9,: Search of vessels and aircrafts) 9.: Search of moving vehicles) 93: *nspection of buildings and other premises for the enforcement of fire4 sanitary and building regulations) 91: 8here prohibited articles are in plain view) 92: Search and seizure under e(igent and emergency circumstances) and 90: Conduct of areal target zoning or saturation drive!s as valid e(ercise of military powers of the #. President 9=uanzon vs. de >illa:
>alid 8aiver of Constitutional %ight 9#: %ight e(ists 9&: 7hat the person involved had ;nowledge4 either actual or constructive of the e(istence of such right) and 9$: 7hat the person had an actual intention to relin@uish the right. Searches of Passengers at Airports A 8hen the accused chec;ed in his luggage as a passenger of a plane4 he agreed to the inspection of his luggage in accordance with customs laws and regulations4 and thus waived any ob5ection to a warrantless search. A Search made pursuant to routine airport security is allowed under %A 3&$.4 which provides that every airline tic;et shall contain a condition that handAcarried luggage4 etc.4 shall be sub5ect to search4 and this condition shall form part of the contract between the passenger and the air carrier. Stop and 'ris; A >ernacular designation of the right of a police officer to stop a citizen on the street4 interrogate him and pat him for weapons whenever he observes unusual conduct which leads him to conclude that criminal activity may be afoot. A %e@uisites? #. police officer should properly introduce himself and ma;e initial in@uiries &. approach and restrain a person who manifests unusual and suspicious conduct in order to chec; the latterKs outer clothing for possible concealed weapon $. must have a genuine reason4 in accordance with e(perience and the surrounding conditions4 to warrant the belief that the person to be held has weapons or contraband concealed about him ,. search and seizure should precede the arrest /(ception? People vs. Sucro warrantless search and seizure can be made without necessarily being preceded by an arrest provided that the said search is effected on the basis of probable cause. A People vs. Chua Do San? contemporaneous search of a person arrested may be effected for dangerous weapons or proofs or implements used in the commission of the crime and which search may
e(tend to the area within his immediate control where he might gain possession of a weapon or evidence he can destroy4 a valid arrest must preceded a search. 8here the search 9and seizure: is an incident to a lawful arrest) A Search must be contemporaneous to arrest and made within a permissible area of search. A %e@uisites? #. arresting officer must have probable cause in effecting the arrest) and &. probable cause must be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed. Permissible area of search A may e(tend beyond the person of the one arrested to include the premises or surroundings under his immediate control. Seizure of allegedly pornographic material 9#: criminal charge must be brought against the person!s for purveying the pornographic material!s) 9&: application for a search and seizure warrant obtained from a 5udge 9who shall determine the e(istence of probable cause:) 9$: material confiscated brought to the court in the prosecution of the accused for the crime charged) 9,: court will determine whether the confiscated items are really pornographic) and 9.: 5udgment of ac@uittal or conviction rendered by the court accordingly 'ishing vessel found to be violating fishery laws may be seized without a warrant? 9#: usually e@uipped with powerful motors that enable them to elude pursuit and 9&: seizure would be incident to a lawful arrest Search of moving vehicles A 5ustified on the ground that it is not practicable to secure a warrant because the vehicle can be moved @uic;ly out of the locality or 5urisdiction in which the warrant may be sought. A Prevent violations of smuggling or immigration laws4 provided that such searches are made at borders or constructive borders 9e.g. chec;points near the boundary lines of the state:. #3
BStop and searchC without a warrant at a military or police chec;points A Not illegal per se so long as it is re@uired by the e(igencies of public order and conducted in a way least intrusive to motorists. 9>almonte vs. de >illa: Chec;point Search 9#: +ere routine inspection? the search is normally permissible when it is limited to a mere visual search4 where the occupants are not sub5ected to a physical or body search. 9&: /(tensive search? constitutionally permissible if the officers conducting the search had reasonable or probable cause to believe4 before the search4 that either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched. *nspection of buildings and other premises for the enforcement of fire4 sanitary and building regulations A /(ercise of police power of the State A +ust be conducted during reasonable hours Prohibited articles are in plain view A -b5ects in plain view of the officer who has the right to be in the position to have that view. A Police officer is not searching but inadvertently comes upon an incriminating ob5ect. A %e@uisites? 9#: Prior #a$id intr%sion based on a valid warrantless arrest in which the police are legally present in the pursuit of their official duties) 9&: /vidence was inad#ertent$) disco#ered by the police who have the right to be where they are) 9$: /vidence must be immediate$) apparent) and 9,: BP$ain #ie!C 5ustified the seizure of the evidence without any further search. Plain >iew A -b5ect is plainly e(posed to sight. A 8here the ob5ect seized is inside a closed pac;age4 the ob5ect is not in plain view and4 therefore4 cannot be seized without a warrant. A Pac;age proclaims its contents transparency4 distinctive configuration or contents are obvious to an observer.
A People vs. Salanguit? once the valid portion of the search warrant has been e(ecuted4 the Bplain viewC doctrine can no longer provide any basis for admitting the other items subse@uently foundG 9mari5uana was also wrapped in newspaper which was not transparentG.warrant for shabu and drug paraphernalia4 found the shabu first: A "octrine is not an e(ception to the warrant. *t serves to supplement the prior 5ustification. *t is a recognition that of the fact that when e(ecuting police officers come across immediately incriminating evidence not covered by the warrant4 they should not be re@uired to close their eyes to it4 regardless of whether it is evidence of the crime they are investigating or evidence of some other crime. *t would be needless to re@uire the police to obtain another warrant. *mmediately apparent test A "oes not re@uire an unduly high degree of certainty. A %e@uires merely that the seizure be presumptively reasonable assuming that there is probable cause to associate the property with criminal activity. A Ne(us e(ists between the viewed ob5ect and the criminal activity. /(clusionary %ule? /vidence obtained in violation of Section &4 Article $ shall be inadmissible for any purpose in any proceeding because it is Bthe fruit of the poisoned tree.C A Property illegally seized may be used in evidence in the case filed against the officer responsible for the illegal seizure. Privacy of Communications and Correspondence A 7he privacy of communication and correspondence shall be inviolable /PC/P7 upon lawful order of the court -% when public safety or order re@uires otherwise as prescribed by law. A Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. *nviolability A /(ceptions? 9#: Lawful order of the court) #1
9&: Public safety or order re@uires otherwise4 as may be provided by law. A *ncludes tangible and intangible ob5ects. A %A ,&JJ? illegal for any person not authorized by all the parties to any private communication4 to secretly record such communications by means of a tape recorder. 7elephone e(tension was not among the devices covered by this law. 'reedom of /(pression A No law shall be passed abridging the freedom of speech4 of e(pression nor of the press4 or the right of the people peaceably to assemble and petition the government for redress of grievances. A Scope? Any and all modes of e(pression. Aspects? 9#: 'reedom from censorship or prior restraint A Need not be total suppression4 even restriction of circulation constitutes censorship. A Section ## 9b:4 %A 33,3#? legitimate e(ercise of the police power of the State to regulate media or communication and information for the purpose of ensuring e@ual opportunity4 time and space for political campaigns. 6nrelated to suppression of speech as it is only incidental and no more than is necessary to achieve the purpose of achieving the purpose of promoting e@uality. A +ovie censorship? movie4 compared to other media of e(pression4 have a greater capacity for evil and must4 therefore4 be sub5ected to a greater degree of regulation. A Power of +7%C can be e(ercised only for purposes of BclassificationC not censorship. A Primacy of freedom of e(pression over /nrileKs Bright to privacyC because /nrile was a Bpublic figureC and a public figureKs right to privacy is narrower than that of an ordinary citizen. 9Ayer Productions vs. Eudge Capulong: A oard of %eview for +otion Pictures and 7elevision 9 %+P7: BPAratingC when the program would create a clear and present danger of an evil which the State has the right to prevent. 9*nglesi ni Cristo vs. CA:
Prohibited any person ma;ing use of the media to sell or to give free of charge print space or air time for campaign or other political purposes e(cept to the C-+/L/C.
A No law prohibiting the holding and reporting of e(it poll. 9A SAC N roadcasting Corporation vs. C-+/L/C: A 7est for the validity of government regulation4 valid if 9O0/rien Test:? #. within the constitutional power of government) &. furthers an important or substantial government interest) $. government interest is unrelated to the suppression of free e(pression) and ,. incidental restriction on the freedom is no greater than is essential to the furtherance of that interest. A -verbreadth "octrine? prohibits government from achieving its purpose by Bmeans that sweep unnecessarily broadly4 reaching constitutionally protected as well as unprotected activity.C 9&: 'reedom from subse@uent punishment A 8ithout this assurance4 the individual would hesitate to spea; for fear that he might be held accountable for his speech4 or that he might be provo;ing the vengeance of the officials he may have criticized. A Not absolute and may be properly regulated in the interest of the public. A State may validly impose penal and!or administrative sanctions4 such as? #. Libel A Public and malicious imputation of a crime4 or of a vice or defect4 real or imaginary4 or any act4 omission4 condition4 status or circumstance tending to cause the dishonor4 discredit or contempt of a natural or 5uridical person4 or to blac;en the memory of one who is dead. A -ral defamation is called slander. A /very defamatory imputation is presumed to be malicious. /(ceptions? #. a private communication made by any person to another in the performance of any legal4 moral or social duty) and &. fair and true report4 made in good faith4 without any comments or remar;s4 of any 5udicial4 legislative or other official proceedings which are not of a confidential nature4 or of any statement4 report or speech delivered in said proceedings4 or of any act performed by public officers in the e(ercise if their functions. #2
A Public has the right to be informed on the mental4 moral and physical fitness of candidates for public officer. 7he rule applies only to fair comments on matters of public interest4 fair comment being that which is true4 or if false4 e(presses the real opinion of the author based upon reasonable degree of care and on reasonable grounds. &. -bscenity A "etermination of what is obscene is a 5udicial function. $. Criticism of official conduct A 6S vs. ustos? individual is given the widest latitude in criticism of official conduct. A Publication that tends to impede4 embarrass or obstruct the court and constitutes a clear and present danger to the administration of 5ustice is not protected by the guarantee of press freedom and punishable by contempt. *t is not necessary to show that the publication actually obstructs the administration of 5ustice) it is enough that it tends to do so. A 'reedom of press is subordinate to the decision4 authority4 integrity and independence of the 5udiciary and the proper administration of 5ustice. ,. %ight of students to free speech in school premises not absolute A Campus Eournalism Act provides that a student shall not be e(pelled or suspended solely on the basis of articles he or she has written4 the same should not infringe on the schoolKs right to discipline its students. A 7he school cannot suspend or e(pel a student solely on the basis of the articles he or she has written4 e(cept when such article materially disrupts class wor; or involves substantial disorder or invasion of rights of others. 7est of valid government interference 9#: Clear and Present "anger %ule A 8hether the words are used in such circumstances and of such nature as to create a clear and present danger that they will bring about the substantive evils that the State has the right to prevent. A 7he substantive evil must be e(tremely serious and the degree of imminence e(tremely high before utterances can be punished.
A %ule? the danger created must not only be clear and present but also traceable to the ideas e(pressed. A BclearC? seems to point to a causal connection with the danger of the substantive evil arising from the utterance @uestioned A BpresentC refers to the time element4 identified with imminent and immediate danger A 7he danger must not only be probable4 but very li;ely inevitable. 9&: "angerous 7endency %ule A 8ords uttered create a dangerous tendency of an evil which the State has the right to prevent4 then such words are punishable. A Sufficient if the natural tendency and the probable effect of the utterance were to bring about the substantive evil that the legislative body see;s to prevent. 9$: alancing of *nterests 7est A 8hen particular conduct is regulated in the interest of public order4 and the regulation results in an indirect4 conditional or partial abridgment of speech4 the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented. A %e@uires a court to ta;e conscious and detailed consideration of the interplay of interests observable in a given situation. Assembly and Petition A %ight to assemble is not sub5ect to prior restraint. A *t may not be conditioned upon prior issuance of a permit or authorization from government authorities. A *t must be e(ercised in such a way as will not pre5udice the public welfare. A P6 L*C PLAC/? permit for the use of such place4 and not for the assembly itself4 may be validly re@uired. 7he power of local officials is merely one of regulation. A Permit to hold public assembly shall not be necessary where the meeting is to be held in a P%*>A7/ PLAC/. Public Assembly Act? a permit shall not be necessary where the meeting is to be held in a private place4 in the campus of the governmentA #0
owned or operated educational institution4 or in a freedom par;. 8here permit is re@uired4 written application shall be filed with the mayorKs office at least . days before the scheduled meeting and shall be acted upon within & days. -therwise4 permit shall be deemed granted. "enial shall be 5ustified only upon clear and convincing evidence that the public assembly will create a cleat and present danger to public order4 safety4 convenience4 morals and health. Action shall be communicated within &, hours to the applicantG may appeal to appropriate courts. "ecision must be reached within &, hours. 7he law permits law enforcement agencies to detail a contingent under a responsible officer at least #JJ meters away from the assembly in case it becomes necessary to maintain order. A Academic freedom of institutions of higher learning cannot be utilized to discriminate against those who e(ercise their constitutional rights. A %ight to free assembly and petition prevails over economic rights. A /ducation of the youth occupies a preferred position over the freedom of assembly and petition. A 7ests priorly applied by the court? #. purpose test &. auspice test 'reedom of %eligion A No law shall be made respecting an establishment of religion or prohibiting the free e(ercise thereof. A 7he free e(ercise and en5oyment of religious profession and worship4 without discrimination or preference4 shall forever be allowed. No religious test shall be re@uired for the e(ercise of civil or political rights. A & guarantees? #. nonAestablishment clause &. freedom of religious profession and worship A NonAestablishment clause? separation of Church and State #. cannot be registered as a political party) &. no sectoral representative from the religious sector) and $. prohibition against the use of public money or property for the benefit of any religion4 or of any priest4 minister or ecclesiastic.
A /(ceptions? #. e(ception from ta(ation of properties actually4 directly and e(clusively used for religious purposes) &. citizenship re@uirement of ownership of educational institutions4 e(cept those established by religious groups and mission boards) $. optional religious instruction in public elementary and high schools e(pressed in writing by the parents!guardians4 taught within regular class hours) and without additional costs on the =overnment) and ,. appropriation allowed where the minister or ecclesiastic is employed in the armed forces4 penal institution or in the governmentAowned orphanage or leprosarium. A Scope? #. State cannot set up a Church &. nor pass laws which aid one religion4 aid all religion or prefer one over another) $. nor force nor influence a person to go to or remain away from church against his will) ,. or force him to profess a belief or disbelief in any religion. A 7he term BNonAChristian tribesC does not refer to religious belief but to degree of civilization. 9People vs. Cayat: A Laws4 e.g. Article #$$ of the %PC4 do not violate freedom of religion. A 'reedom of religion is accorded preferred status4 designed to protect the broadest possible liberty of conscience4 to allow each man to believe as his conscience directs4 to profess his beliefs and to live as he believes he ought to live4 consistent with liberty of others and with the common good. A *ntramural religious disputes? 8here a civil right depends upon some matter pertaining to ecclesiastical affairs4 the civil tribunal tries the civil right and nothing more. B/cclesiastical AffairC is one that concerns doctrine4 creed4 or forum of worship of the church4 or the adoption and enforcement within a religious association of needful laws and regulations for the government of the membership4 and the power of e(cluding from such associations those deemed unworthy of membership. *t is not for the Court to e(ercise control over Church authorities in the performance of their discretionary and official functions) it is for the &J
members of religious institutions!organizations to conform to 5ust church regulations. A 'ree /(ercise Clause Aspects of freedom of religious profession and worship? #. right to believe4 which is absolute &. right to act according to oneKs belief4 which is sub5ect to regulation. Constitutional guarantee of free e(ercise pf religious profession and worship carries with it the right to disseminate religious information4 and any restraint of such right can be 5ustified only on the ground that there is a clear and present danger of an evil which the State has the right to prevent. A 7he compelling State interest test? /strada vs. /scritor 9administratively charged with immorality for living with a married man4 not her husband) con5ugal arrangement was in conformity with their religious beliefs: B enevolent NeutralityC recognizes that government must pursue its secular goals and interests4 but at the same time4 strive to uphold religious liberty to the greatest e(tent possible within fle(ible constitutional limits. 7hus4 although the morality contemplated by laws is secular4 benevolent neutrality could allow for accommodation of morality based on religion4 provided it does not offend compelling state interest. & steps? #: 8hether respondentKs right to religious freedom has been burdened and &: Ascertain respondents sincerity in his beliefs. A State regulations imposed on solicitations for religious purposes do not constitute an abridgment of freedom of religion) but are N-7 covered by P" #.3, 9Solicitation Permit Law: which re@uired prior permit from "S8" in solicitations for charitable or public welfare purposes) A 'ree e(ercise clause does not prohibit imposing a generally applicable sales and use ta( on the sale of religious materials by a religious organization. %esulting burden is so incidental as to ma;e it difficult to differentiate it from any other economic imposition that might ma;e the right to disseminate religious doctrines costly. Liberty of Abode and of 7ravel
A 7he liberty of abode and of changing the same within the limits prescribed by law shall not be impaired e(cept upon lawful order of the court. A Neither shall the right to travel be impaired e(cept in the interest of nationa$ sec%rit)4 p%b$ic sa et) or p%b$ic &ea$t&4 as may be provided by law. A Limitations? #: -n liberty of abode? lawful order of the court Caunca vs. Salazar? maid has the right to transfer to another residence even if she had not yet paid the amount advanced for her transportation from the province by an employment agency) %ubi vs. Provincial oard of +indoro? re@uiring some members of the nonAChristian tribes to reside only within a reservation4 validG to promote their better education4 advancement and protection. 6niversal "eclaration of Duman %ights? everyone has the right to leave any country4 including his own and to return to his country. Covenant on Civil and Political %ights? no one shall be arbitrarily deprived of the right to enter his own country. &: -n right to travel? national security4 public safety or public health4 as may be provided by law A Lawful order of the court is a valid restriction. A Court may validly refuse to grant the accused permission to travel abroad4 even if the accused in out on bail. 9+anotoc vs. CA: A Liberty of travel may be impaired even without court order4 the appropriate e(ecutive officers or administrative authorities are not armed with arbitrary discretion to impose limitations. A Principles? #: 7he DoldAdeparture -rder is but an e(ercise of the courtKs inherent power to preserve and maintain the effectiveness of its 5urisdiction over the case and over the person of the accused) &: y posting bail4 the accused holds himself amenable at all times to the orders and processes of the court4 thus4 she may be legally prohibited from leaving the country during the pendency of the case) and $: Parties with pending cases should apply for permission to leave the country from the very same courts which4 in the first instance4 are in the best position to pass upon such applications and to impose appropriate conditions therefore4 since they are conversant with the facts of the cases and the ramifications or implications thereof. &#
A 7he persons right to travel is sub5ect to the usual constraints imposed by the very necessity of safeguarding the system of 5ustice. 8hether the accused should be permitted to leave the country for humanitarian reasons is a matter addressed to the courtKs discretion. %ight to *nformation A %ight of the people to information on matters of public concern shall be recognized. A Access to official records and to documents and papers pertaining to official acts4 transactions pr decisions as well as to government research data used as basis for policy development shall be afforded the citizen4 sub5ect to such limitations as may be provided by law. A Scope of the %ight? right to information contemplates inclusion of negotiations leading to consummation of the transactions. 7he right only affords access4 which means the opportunity to inspect and copy them at his e(pense. Sub5ect to regulations? to protect integrity of public records and to minimize disruption of government operations. A /(ceptions? #: Privileged communications rooted in separation of powers &: *nformation on military and diplomatic secrets $: *nformation affecting national security ,: *nformation on investigations of crimes by law enforcement agencies before the prosecution of the accused. A Need for publication of law reinforces this right. A 7he manner of e(amining public records may be sub5ect to reasonable regulation by the government agency in custody. A 7he duty to disclose the information of public concern4 and to afford access to public records cannot be discretionary on the part of said agencies. *ts performance may be compelled by mandamus. A *n %e? %e@uest for Live %adioA7> Coverage of the 7rial in the S of the Plunder Case against 'ormer Pres. Eoseph /5ercito /strada4 Secretary of Eustice Dernando Perez vs. Eoseph /5ercito /strada? when the constitutional guarantees of reedom o t&e press and t&e rig&t to p%b$ic in ormation 4 on the one hand4 and the %ndamenta$ rig&ts o t&e acc%sed4 on the other hand4 along with the
constit%tiona$ po!er o a co%rt to contro$ its proceedings in ens%ring a air and impartia$ tria$ race against another4 5urisprudence tells us that the right of the accused must be preferred 9losing not only his liberty but also the very life of an accused:. %ight to 'orm Associations A 7he right of the people4 including those employed in the public and private sectors4 to form unions4 associations or societies for purposes not contrary to law shall not be abridged. A Scope? includes the right not to 5oin or to disaffiliate from one. A %ight to Stri;e? members of the civil service may not declare a stri;e to enforce economic demands. A 7he ability to stri;e is not essential to the right of association. A 7he right of the sovereign to prohibit stri;es or wor; stoppages by public employees is clearly recognized at common law. +odern rule merely incorporate or reasserts said common law. A %ight is not absolute. AntiASubversion Act +anagerial employees? receive information that is not only confidential but also generally not available to the public. NonAimpairment Clause A No law impairing the obligation of contracts shall be passed. A 7o fall within the prohibition4 the change must not only impair the obligation of the e(isting contract4 but the impairment must be substantial. A Change in the rights of the parties with reference to each other and not with respect to nonA parties. A *mpairment? anything that diminishes the efficacy of the contract A Substantial impairment when the law changes either #: 7ime of performance &: +ode of performance $: *mposes new conditions ,: "ispenses with those e(pressed .: Authorizes for its satisfaction something different from that provided in its terms A Limitations? &&
#: Police power public welfare is superior to private rights &: /minent domain $: 7a(ation A 'ranchises4 privileges4 licenses4 etc do not come within the conte(t of the provision Sub5ect to amendment alteration4 or repeal by the Congress when common good so re@uires. 'ree Access to Courts A 'ree access to the courts and @uasiA5udicial bodies and ade@uate legal assistance shall not be denied to any person by reason of poverty. A Social 5ustice provision providing for pauper suits. +iranda "octrine A Any person under investigation for the commission of an offense shall have 7he right to be informed of his right to remain silent and 7o have competent and independent counsel preferably of his own choice. A *f the person cannot afford the services of counsel4 he must be provided with one. A 7hese rights cannot be waived4 e(cept *n writing and *n the presence of the counsel. A No torture4 force4 violence4 threat4 intimidation or any other means which vitiate the free will shall be used against him. A Secret detention places4 solitary4 incommunicado4 or other similar forms of detention are prohibited. A Any confession or admission obtained in violation of this or Section #1 shall be inadmissible in evidence against him. A 7he law shall provide for penal and civil sanctions for violations of this section4 as well as compensation to and rehabilitation of victims of torture or similar practices4 and their families. A %ights are available only during custodial investigation. Custodial investigation or inAcustody interrogation of accused person? any @uestioning initiated by law enforcement officers after a person has been ta;en into custody or otherwise deprived of his freedom of action in any significant way.
*nvestigation ceases to be a general in@uiry into an unsolved crime and direction is aimed upon a particular suspect who has been ta;en into custody and to whom the police would then direct interrogatory @uestions which tend to elicit incriminating statements. A "oes not apply to spontaneous statement.s. A "oes not apply to admissions!confessions made by a suspect before he was placed under custodial investigation. A Custodial investigation includes the practice of issuing an BinvitationC to a person who is investigated in connection with an offense he is suspected to have committed4 without pre5udice to the liability of the inviting officer for any violation. A Police LineAup Not considered part of custodial investigation because it is conducted before that stage of investigation is reached. Process has not yet shifted from the investigatory to the accusatory stage. A People vs. /scordial -utAofAcourt identification may be made in a BshowAupC 9where the accused is brought face to face with the witness for identification: or in a police lineAup 9where the suspect is identified by a witness from a group of persons gathered for that purpose:. "uring custodial investigation4 these have been described as Bcritical confrontations of the accused by the prosecutionC necessitating the presence of counsel. 7his is because the result of these preAtrial proceedings might well settle the fate of the accused and reduce the trial to a mere formality. +erely photographed or paraffin test4 not yet under custodial investigation. A *nvestigations not considered as custodial interrogations. A Arrested person signs a boo;ing sheer and an arrest report at the police station4 he does not admit the commission of an offense nor confess to any incriminating circumstance. Said boo;ing sheet is merely a statement of how the arrest was made and has no probative value as an /E statement of the person detained. A %ights guaranteed by this provision refers only to testimonial compulsion. A 8hat rights are available &$
#: 7o remain silent) No adverse inference from his refusal to answer. &: 7o competent and independent counsel 9preferably of his own choice) at all stages of the proceeding:) Attaches upon the start of the investigation) Lawyer should never prevent a person from telling the truth. %A 1,$2? AccusedKs parent4 older bro and sis4 spouse4 +ayor4 +unicipal Eudge4 district school supervisor4 or priest or minister of the gospel as chosen by the accused4 may appear in lieu of the counsel during the ta;ing of an /E confession *'? #: Counsel of accused is absent and &: >alid waiver had been e(ecuted. Bcompetent and independentC willing to safeguard the constitutional rights of the accused4 as distinguished from one who would merely be giving a routine peremptory and meaningless recital of the individualKs constitutional rights. +ere pro forma appointment of a counsel de officio who fails to genuinely protect the interests of the accused merits disapprobation. *ndependent Counsel? not special counsel4 City legal officer4 +ayor4 public!private prosecutor4 counsel of the police4 or a municipal attorney4 whose interest is admittedly adverse to the accused. BPreferably of his own choiceC does not mean that the choice of a lawyer by a person under investigation is e(clusive as to preclude other e@ually competent and independent attorneys from handling the defense. Choice of lawyer when accused cannot afford final say is still with the accused who may re5ect said lawyer) deemed engaged by the accused when he does not ob5ect. Confession obtained after charges had already been filed? 7he right to counsel still applies in certain preAtrial proceedings that are considered critical stages in the criminal process. C%stodia$ interrogation be ore or a ter c&arges &a#e been i$ed1 and non2c%stodia$ interrogation a ter t&e acc%sed &as been orma$$) c&arged1 are considered Bcritical preAtrial stagesC in the criminal process. $: 7o be informed of such rights)
7ransmission of meaningful information rather than 5ust ceremonial and perfunctory recitation of an abstract constitutional principle. P must show that the accused understood what he read and the conse@uences of his waiver. %ight to be informed carries with it the correlative obligation on the part of the investigator to e(plain and contemplates an effective communication which results in the sub5ect understanding what is conveyed. 9degree of e(planation depends on the personal circumstances of the accused: ,: %ights cannot be waived e(cept in writing and signed by the person in the presence of his counsel) .: No torture4 force4 violence4 etc. which vitiates free will shall be used) 3: Secret detention places4 etc. are prohibited) and 1: Confessions!admissions obtained in violation of rights are inadmissible in evidence. & Linds of *nvoluntary!Coerced Confession #: Coerced confession4 the product of third degree methods &: 6ncounselled statements4 without the benefit of the +iranda warning Alleged infringement of the constitutional rights of the accused during custodial investigation is relevant and material only where an e(tra5udicial confession!admission from the accused becomes the basis of conviction. #01$ Constitution does not distinguish between verbal and nonAvernal confession. A person suspected of having committed a crime and subse@uently charged with its commission has the following rights in the matter of his testifying or producing evidence? #: efore case is field in court or with public prosecutor for preliminary investigation4 but after having been ta;en into custody or otherwise deprived of his liberty and on being interrogated by the police 7o remain silent %ight to counsel 7o be informed of such right Not to be sub5ected to torture4 violence4 threat4 intimidation or any other means which vitiates free will and 7o have evidence obtained in violation of these rights re5ected and inadmissible. &,
&: After the case is filed in court 7o refuse to be a witness Not to have nay pre5udice by such refusal 7o testify in his own behalf4 sub5ect to crossA e(amination 8hile testifying4 refuse to answer an incriminating @uestion A 8aiver 9#: +ust be in writing and made in the presence of the counsel 9&: No retroactive effect no application to waivers made prior to AP%*L &34 #02$4 the promulgation of +orales. 9$: urden of proof burden of proving valid waiver is with the prosecution. Presumption that official duty has been regularly performed cannot prevail over the presumption of innocence. 9,: 8hat may be waived %ight to remain silent %ight to counsel N-7 the right to be informed of these rights. A =uidelines for Arresting!*nvestigating -fficers 9People vs. +ahinay: 9#: Person arrested4 detained4 invited or under custodial investigation must be informed in a language ;nown to and understood by him of the reason for his arrest and must be shown the warrant of arrest4 if any. 9&: De must be warned that he has the right to remain silent and that any statement he ma;es may be used as evidence against him. 9$: De must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer4 preferably of his own choice. 9,: De must be informed that if he has no lawyer or cannot afford one4 a lawyer will be provided for him) and that a lawyer may also be engaged by any person in his behalf or may be appointed by the Court upon petition of the person or one acting in his behalf. 9.: 7hat whether or not the person arrested has a lawyer4 he must be informed that no custodial investigation in any form shall be conducted e(cept in the presence of his counsel or after a valid waiver.
93: 7he person arrested must be informed that4 at any time4 he has the right to communicate or confer by the most e(pedient means with his lawyer4 any member of his immediate family4 or any medical doctor4 priest or minister chose by him or anyone of his immediate family or by his counsel4 or be visited by!confer with duly accredited national or international nonAgovernmental organization. *t shall be the responsibility of the officer to ensure that this is accomplished. 91: De must be informed that he has the right to waive any said rights provided it is made voluntarily4 ;nowingly and intelligently4 and ensure that he understood the same. 92: *f the person arrested waives his right to a lawyer4 he must be informed that this must be done in writing and in the presence of the counsel4 otherwise he must be warned that the waiver is void even if he insists in his waiver and chooses to spea;. 90: 7he person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be @uestioned with a warning that once he ma;es such indication the police may not interrogate him if the same had not yet commenced or the interrogation must cease if it had already begun. 9#J: 7he person arrested must be informed that the initial waiver of his right to remain silent4 the right to counsel or to any other rights does not bar him from invo;ing it at any time during the process4 regardless of whether he may have answered some @uestions or volunteered some statements. 9##: De must be informed that any statement or evidence4 as the case may be4 obtained in violation of any of the foregoing4 inculpatory or e(culpatory4 in whole or in part4 shall be inadmissible. A /(clusionary %ule? Confession!Admission obtained in violation of Section #& and #14 Article *** of the Constitution shall be inadmissible in evidence. A Confession? declaration made voluntarily and without compulsion or inducement by a person ac;nowledging that he has committed or participated in the commission of a crime. A Any allegation of force4 duress4 undue influence or other forms of involuntariness in e(acting such &.
confession must be proved y clear4 convincing and competent evidence by the defense. -therwise4 the confessionKs full probative value may be used to demonstrate the guilt of the accused. A 'ruit of the Poisonous 7ree? 9Eustice 'ran;furter Nardone vs. 6S: -nce the primary source is shown to have been unlawfully obtained4 any secondary or derivative evidence derived from it is also inadmissible. asis? evidence illegally obtained by the State should not be used to gain other evidence. A %eceipt of Seized Property if signed by the accused without assistance of counsel and not having been informed of his constitutional rights is inadmissible. People vs. Linsangan? initialed the P#J bill that the police found tuc;ed in his waist. >alid. ecause possession of mar;ed bills did not constitute a crime4 the sub5ect if the prosecution being his act of selling mari5uana cigs. A %eAenactment of the Crime before4 must be appraised of his constitutional rights. A %es =estae admissible. A 8aiver of /(clusionary %ule? failure to ob5ect to offer in evidence. %ight to ail A All persons e(cept those charged with an offense punishable by %P4 when evidence of guilt is strong4 shall before conviction be bailable by sufficient sureties or be released on recognizance as may be provided by law. A 7he right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. A /(cessive bail shall not be re@uired. A ail? is the security given for the release of a person in custody of the law4 furnished by him or a bondsman4 conditioned upon his appearance before any court as may be re@uired. A Any person under detention4 even if no formal charge have yet been field4 can invo;e the right to bail. A 8hen bail is authorized4 it should be granted before arraignment4 otherwise4 the accused may be precluded from filing a motion to @uash. A /(ceptions? #. when charged with an offense punishable by %P 9or higher: and evidence of guilt is strong
&. traditionally4 not available to military A "uty of the Court when accused is charged with an offense punishable by %P or higher. Dearing on the motion for bail must be conducted by the 5udge. Prosecution must be given an opportunity to present all the evidences. Applicant having right of crossAe(amination and to introduce evidence in rebuttal. *f prosecution refuses to adduce evidence or fails to interpose an ob5ection to the motion for bail4 it is still mandatory for the court to conduct a hearing or as; searching and clarificatory @uestions from which it may infer the strength of the evidence of guilt or lac; of it. A 7he hearing on the petition for bail need not at all times precede arraignment4 because the rule is that a person deprived of his liberty by virtue of his arrest or voluntary surrender may apply for bail as soon as he is deprived of his liberty4 even before a complaint or information is filed against him. A CourtKs order granting or refusing bail must contain summary of evidence for the prosecution. A 7he assessment of the evidence presented during bail hearing is only for the purpose of granting or denying an application for the provisional release of the accused liberal in their approach4 not being a final assessment. A ail is either? #: A matter of right efore or after conviction by +e7C4 +7C +7C in Cities4 +C7C efore conviction by %7C of an offense not punishable by death4 %P or life imprisonment. &: Eudges discretion 6pon conviction by %7C of an offense not punishable by death4 %P or life imprisonment. 7he court4 in its discretion4 may allow the accused to continue on provisional liberty under the same bail bond during the period to appeal4 sub5ect to consent of bondsman. *f court imposes penalty of imprisonment of 3A &J years4 accused shall be denied bail or bail previously granted cancelled4 upon showing by prosecution that? #: 7he accused is a recidivist4 @uasiArecidivist4 habitual delin@uent4 or has committed the crime aggravated by the circumstance of reiteration) &3
&: 7he accused is found to have previously escaped from legal confinement4 evaded sentence or has violated the conditions of his bail without valid 5ustification) $: 7he accused committed the offense while on probation4 parole or under conditional pardon) ,: Circumstances of the accused or his case indicate the probability of flight if released on bail) and .: 6ndue ris; that during pendency of the appeal4 the accused may commit another crime. $: "enied Accused is charged with a capital offense or an offense punishable by %P or higher and evidence of guilt is strong. Principle denying bail to an accused charged with a capital offense where evidence of guilt is strong4 applies with e@ual force to the appellant who4 though convicted of an offense not punishable by death4 %P4 or life imprisonment was nevertheless originally charged with a capital offense. A Standards for fi(ing bail #: 'inancial ability of the accused &: Nature and circumstances of the offense $: Penalty for the offense charged ,: Character and reputation of the accused .: Penalty for the offense charged 3: 8eight of the evidence against him 1: Age and health 2: Probability of appearing at the trial 0: 'orfeiture of other bonds by him #J: 'act that he was a fugitive from 5ustice when arrested ##: Pendency of other cases in which he is under bond A %ight to ail and /(tradition 9=overnment of the 6.S. vs. Eudge Purungan and +ar; Eimenez: 7he constitutional provision on bail applies only when a person is arrested and detained for violation of Philippine criminal laws. *t does not apply to e(tradition proceedings4 because e(tradition courts do not render 5udgments of ac@uittal or conviction. *t flows from the presumption of innocence in favor of every accused who should not be sub5ected to the loss of freedom unless his guilt is proved beyond reasonable doubt. 7he constitutional provision on bail will not apply to a case of e(tradition where the presumption of innocence is not an issue.
/(tradition proceedings are separate and distinct from the trial of the offenses for which he is charged. De should apply for bail before the courts trying the criminal cases against him4 not before the e(tradition court. After a potential e(tradite has been arrested and placed under custody of the law4 bail may be applied for and granted as an e(ception4 only after clear and convincing showing that a. -nce granted bail4 the applicant will not be a flight ris; or a danger to the community4 and b. 7here e(ists special4 humanitarian and compelling circumstances. A 8aiver of the %ight to ail personal to the accused. A 7he right to bail is not impaired by the suspension if the privilege of the writ of habeas corpus. Constitutional %ights of the Accused A No person shall be held to answer for a criminal offense without due process of law. A *n all criminal prosecutions4 the accused shall be presumed innocent until the contrary is proved4 and shall en5oy the right to be heard by himself and counsel4 to be informed of the nature and cause of accusation against him4 to have a speedy4 impartial and public trial4 to meet the witnesses face to face4 and to have compulsory process to secure the attendance of the witnesses and the production of evidence in his behalf. A After arraignment4 trial may proceed notwithstanding the absence of the accused4 provided that he has been duly notified and the failure to appear is un5ustifiable. A Criminal due process? #: accused has been heard in a court of competent 5urisdiction &: accused is proceeded against under the orderly processes of law $: accused has been given notice and the opportunity to be heard ,: 5udgment rendered was within the authority of a constitutional law &1
A 6nreasonable delay in resolving complaint is violation of the right to due process and to speedy trial dismissal of complaint. /(ception? petitionerKs own acts or comple(ity of the issues involved. A Dearing before an impartial and disinterested tribunal. ias must be shown by clear and convincing evidence. A %ight to a hearing A Plea of guilt to a capital offense. +andatory that? #: 7C must conduct a searching in@uiry into the voluntariness of the plea and the full comprehension of the conse@uences) &: Prosecution should present evidence to prove the guilt of the accused and the precise degree of his culpability) and $: Accused must be as;ed if he desires to present evidence in his behalf and should be allowed to do so if he desires. A 7he State and the offended party are entitled to due process A Presumption of *nnocence? every circumstance favoring the innocence of the accused must be ta;en into account. 8ill N-7 apply if there is some logical connection between the fact proved and the ultimate fact presumed4 and the inference of one fact from proof of another shall not be so unreasonable as to be purely arbitrarily mandate. Can be invo;ed only by an individual accused of a criminal offense. Corporate entity has no personality to invo;e the same. A Presumption that official duty was regularly performed cannot4 by itself4 prevail over the constitutional presumption of innocence. /(ception? when it is not the sole basis for conviction. A Constitutional presumption may be overcome by contrary presumptions based on e(perience of human conduct. 9e.g. une(plained wealth: A Circumstantial evidence in order to warrant conviction? #: +ore than one circumstance &: 'acts from which the inference are derived are proven
$: Combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. A /@uipose %ule? applicable only when the evidence adduced by the parties are evenly balanced4 in which case the constitutional presumption of innocence should tilt the scales in favor of the accused. A %ight to be heard by himself and counsel? efficient and truly decisive legal assistance. Proceeds from fundamental principle of due process. %ight to counsel during the trial is not sub5ect to waiver because even the most intelligent or educated man may have no s;ill in the science of law4 particularly in the rules of procedure4 and without counsel. De may be convicted not because he is guilty but because he does not ;now how to establish his innocence. 'ailure of the record to disclose affirmatively that the 7C advised the accused of his right to counsel is not sufficient ground to reverse conviction. 7he 7C must be presumed to have complied with the procedure prescribed by law for the hearing and trial of the cases4 and such presumption can be overcome only by an affirmative showing to the contrary. A %ight to counsel is not indispensable to due process of law. /(ceptions? cannot be waived during trial. ut this is not absolute. -ption cannot be used to sanction reprehensible dilatory tactics4 to trifle with %-C4 or pre5udice the e@ually important rights of the State and the offended party to speedy and ade@uate 5ustice. A BPreference in the choice of counselC pertains more aptly and specifically to a person under custodial investigation rather than one who is accused in a criminal prosecution. Such preferential discretion cannot parta;e of discretion so absolute and arbitrary as would ma;e the choice of counsel refer e(clusively to the prediction of the accused. A =eneral %ule? a client is bound by the mista;es of his lawyer /(ceptions? when the negligence or incompetence of counsel is deemed gross as to have pre5udiced the constitutional right of the accused to be heard. &2
A %ight to be informed of the nature and cause of accusation against him. %easons? #. furnish the accused with such a description of the charge against him as will enable him to prepare for his defense) &. avail himself of his conviction or ac@uittal for protection against a further prosecution for the same cause) and $. to inform the Court of the facts alleged4 so that it may decide whether they are sufficient in law to support a conviction. A 8hen a 5udge is informed or discovers that an accused is apparently in a condition of insanity or imbecility4 it is within his discretion to investigate the matter. A %e@uisites? 7he information must state? #. name of the accused &. designation of the offense given by statute $. statement of acts or omissions so complained of as constituting the offense ,. name of the offended party .. appro(imate time and date of the commission of the offense 3. place where the offense has been committed 1. facts and circumstances that have a bearing on the culpability and liability of the accused A /very element of the offense must be alleged in the complaint or information4 because the accused is presumed to have no independent ;nowledge of the facts that constitute the offense charged. A Not necessary to state the precise time when the offense was committed e(cept when time is a material ingredient of the offense. A "escription not the designation of the offense controls. A Accused can be convicted only of the crime alleged or necessarily included in the allegations in the information. A 8hile a 7C can hold a 5oint trial of & or more criminal case and can render a consolidated decision4 it cannot convict the accused of the comple( crime constitutive of the various crimes of the & informations. A >oid for >agueness %ule? the law is deemed void where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine what acts or omissions are punishable.
A 7he right to be informed of the nature and cause of the accusation against may not be waived but the defense may waive the right to enter a plea and let the court enter a plea of not guilty. A *ndictment must fully state the elements of the specific offenses alleged to have been committed. An accused cannot be convicted of an offense4 even if duly proven4 unless it is alleged or necessarily included in the complaint or information. "ifferent matter if the accused themselves refused to be informed of the nature and cause of the accusation against them. A Accused may be convicted of as many offenses charged in the information and proved during the trial4 where he fails to ob5ect to such duplicitous information during the arraignment. A *nformation which lac;s certain material allegations may sustain a conviction if the accused fails to ob5ect to its sufficiency during trial and deficiency is cured by competent evidence presented therein. A %ight to Speedy4 *mpartial and Public 7rial Speedy 7rial 'ree from ve(atious4 capricious and oppressive delays. Accused entitled to dismissal4 e@uivalent to ac@uittal4 if trial is unreasonably delayed. %elative sub5ect to reasonable delays and postponements arising from illness4 medical attention4 body operations4 etc. Aggrieved party also has the same rights as the accused. Separate trial is in consonant with the right of the accused to a speedy trial. %A 2,0$ 9Speedy 7rial Act:? o Arraignment of the accused w!in $J days from the filing of the information or from the date the accused has appeared before the 5ustice4 5udge or court in which the charge is pending4 whichever date last occurs. o *f plea of not guilty has #. days to prepare for trial. o 7rial shall commence w!in $J days from arraignment as fi(ed by the court. o No case shall the entire trial period e(ceed #2J days from the first day of trial4 e(cept as otherwise authorized by the Chief Eustice of the SC. *mpartial 7rial &0
Bcold neutrality of an impartial 5udgeC for the benefit of the litigants and is also designed to preserve the integrity of the 5udiciary and to gain and maintain the peopleKs faith in the institution s they have erected when they adopted the Constitution. Pervasive publicity is not per se pre5udicial to the right of the accused to a fair trial. 7rial 5udges must be accorded a reasonable leeway in as;ing @uestions as may be essential to elicit relevant facts and to bring out the truth. 7his is not only a right but also duty of the 5udge. Public 7rial *ntended to prevent abuses that may be committed against accused. Not absolute. Not synonymous to publicized trial. +eans that the court doors must be open to those who wish to come4 sit in the available seats4 conduct themselves with decorum and observe trial processes. A %ight to +eet the 8itnesses 'ace to 'ace right to crossAe(amine the complainant and the witnesses. 7estimony of the witness who has not submitted himself to crossAe(amination is not admissible in evidence being hearsay. 7his right can be waived. A %ight to Compulsory Process to secure the attendance of witnesses and the production of evidence. Subpoeana process directed to a person re@uiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted under the laws of the Philippines or for the ta;ing of his deposition. & ;inds? #. subpoena ad testificandum? compel a person to testify &. subpoena duces tecum? compel the production of boo;s4 records4 things or documents o test of relevancy? boo;s4 documents or other things re@uested must appear prima facie relevant to the issue sub5ect of the controversy o test of definiteness? such boo;s must be reasonably described by the parties to be readily identified A %e@uisites?
#. evidence is really material &. accused is not guilty of neglect in previously obtaining the production of such evidence $. the evidence will be available at the time desired ,. no similar evidence can be obtained. A 7rial in absentia Purpose is to speed up the disposition of criminal cases. +andatory upon the court whenever the accused has been arraigned4 notified of the date!s of hearing!s and his absence is un5ustified. After the accused has waived further appearance during trial4 he can still be ordered arrested by the court for nonAappearance upon summons to appear for purposes of identification. Presence of the accused is mandatory? #. arraignment and plea &. during trial4 for purposes of identification $. promulgation of sentence4 e(cept for light offense wherein accused may appear by counsel!representative Accused who escapes from confinement4 5umps bail or flees to a foreign country4 loses his standing in court and unless he surrenders or submits himself to the 5urisdiction of the court4 he is deemed to waive his right to see; relief from the court. Dabeas Corpus A 7he privilege of the writ of habeas corpus shall not be suspended e(cept in cases of in#asion or rebe$$ion !&en p%b$ic sa et) re3%ires it. A "efinition? a writ issued by a court directed to a person detaining another4 commanding him to produce the body of the prisoner at a designated time and place4 with the day and cause of his caption!detention4 to do4 to submit to and to receive whatever the court!5udge awarding the writ shall consider in his behalf. A 8hen available? restores the liberty of an individual sub5ected to physical restraint. *t secures to the prisoner the right to have the cause of his detention e(amined and determined by the courts) and to have the issue ascertained as to whether he is held under lawful authority. A +ay also be availed of where4 as a conse@uence of a 5udicial proceeding? #. there has been deprivation of constitutional rights $J
&. the court has no 5urisdiction to impose the sentence $. e(cessive penalty has been imposed4 since such sentence is void as to the e(cess. A 7he writ will not issue where the person alleged to be restrained on liberty is in the custody of an officer under a process issued by the court which has 5urisdiction to do so. A /ven if the detention is at its inception illegal4 supervening events such as the issuance of a 5udicial process4 may prevent the discharge of the detained person. A 7hat the preliminary investigation was invalid and that the offense had already prescribed is not a ground to grant the issuance of habeas corpus. %emedy? motion to @uash the 8-A or file a motion to @uash the information based on prescription. A "esaparecidos 9disappeared persons:4 persons in whose behalf the writ was issued could not be found %emedy? refer the matter to the Commission on Duman %ights *n case of doubt4 the burden of proof rests on the officers who detained them and who claim to have effected the release of the detainees. A All courts of competent 5urisdiction may entertain petitions for DC to consider the release of petitioners convicted of violation of the "angerous "rugs Act4 provided they have served the ma(imum term of the applicable penalties newly prescribed by %A 13.0. A DC lies only where the restraint of the personKs liberty has been 5udicially ad5udged to be illegal or unlawful. A Loss of 5udicial records4 after #& years of detention in the service of the sentence imposed upon conviction4 will not entitle him to be released on DC. %emedy? reconstitution of 5udicial records. A Dave to comply with the writ. "isobedience constitutes contempt of court. A *n case of invasion or rebellion4 when the public safety re@uires it4 the President may for a period not e(ceeding 3J days4 suspend the privilege of the writ of DC. A 8!in ,2 hours from the suspension4 the President shall submit a report4 in person or in writing4 to Congress.
A Congress4 voting 5ointly by a ma5ority vote of at least a ma5ority of all its members in regular or special session may revo;e such proclamation or suspension4 such revocation shall not be set aside by the President. A 6pon initiative of the President4 the Congress may4 in the same manner4 e(tend such proclamation or suspension for a period to be determined by Congress4 if the invasion or rebellion shall persists and public safety re@uires it. A SC may review4 in appropriate proceeding filed by any citizen4 the sufficiency of the factual basis for the proclamation of martial law and the suspension of the privilege of the DC or the e(tension thereof. A SC must promulgate its decision w!in $J days from filing. A 7he suspension of the privilege of the writ shall apply only to persons charged for rebellion or offenses inherent in or directly connected with invasion. A "uring the suspension of the privilege of the writ4 any person thus arrested or detained shall be 5udicially charged within $ days4 otherwise he shall be released. A Suspension of the privilege does not suspend the right to bail. Speedy "isposition of Cases A All persons shall have the right to a speedy disposition of cases before all 5udicial4 @uasiA 5udicial or administrative bodies. A Not limited to the accused in a criminal proceedings4 but e(tends to all cases4 including civil and administrative cases and in all proceedings including 5udicial and @uasiA5udicial hearings. A Li;e right to speedy trial4 this right is violated only when the proceedings are attended by ve(atious4 capricious and oppressive delays or when un5ustified postponements of the trial are as;ed for and secured4 or when without cause or 5ustifiable motive a long period of time is allowed to elapse without the party having his case tried. A 6nli;e right to speedy trial4 this right is available not only during trial but also when the case has already been submitted for decision.
A %ight e(tends to all citizens4 including those in the military4 and covers the period before4 during and after trial. A %ight can be waived failure to seasonably assert this right. SelfAincrimination A No person shall be compelled to be a witness against himself. A %ight is available not only in criminal prosecutions but also in all other government proceedings4 including civil actions and administrative or legislative investigations. A *t may be claimed not only by the accused but also by any witness to whom a @uestion calling for an incriminating answer is addressed. A =eneral %ule? it may be invo;ed only when and as the @uestion calling for an incriminating answer is as;ed. 7his applies only to ordinary witness. *n criminal prosecution accused may not be compelled to ta;e the witness stand. Similarly applicable to a respondent in an administrative proceeding. A Scope? not against all compulsion4 but testimonial compulsion only. 9not the inclusion of his body in evidence when it may be material: Prohibition e(tends to the compulsion for the production of documents4 papers and chattels that may be used as evidence against the witness4 e(cept where the State has a right to inspect the same such as the boo;s of accounts of corporations4 under the police or ta(ing power or where a government official is re@uired to produce official documents!public records which are in their possession. Also protects the accused against any attempt to compel him to furnish a specimen of his handwriting in connection with a prosecution for falsification. A *mmunity? #: 7ransactional *mmunity? witness immune from any criminal prosecution for an offense to which his compelled testimony relates. &: 6se and 'ruit *mmunity? prohibits the use of the witnessK compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. $#
A 7hose granted this privilege paid a high price the surrender of their right to remain silent. Should be given a liberal interpretation. A 8aiver? either directly or by failure to invo;e it4 provided that the waiver is certain and une@uivocal and intelligently made. NonAdetention by %eason of Political eliefs or Aspirations A No person shall be detained solely by reason of his political beliefs or aspirations. *nvoluntary Servitude A No involuntary servitude in any form e(ist e(cept as a punishment for a crime whereof the party shall have been duly convicted. A /(ceptions? #: Punishment for a crime whereof one has been duly convicted) &: Patria potestas $: Posse comitatus ,: %eturn to wor; order in industries affected by public interest .: Service in defense of the state 3: Naval 9merchant marine: enlistment Prohibited Punishment A /(cessive fines shall not be imposed. A Nor cruel4 degrading or inhuman punishment inflicted. A Neither shall death penalty be imposed4 unless for compelling reasons involving heinous crimes4 the Congress hereafter provides for it. A Any death penalty already imposed shall be reduced to %P. A 7he employment of physical4 psychological or degrading punishment against any prisoner or detainee4 or the use of substandard or inade@uate penal facilities under subhuman conditions shall be dealt with by law. A +ere severity does not constitute cruel or unusual punishment. A 7he penalty must be flagrantly and plainly oppressive4 wholly disproportionate to the nature of the offense as to shoc; the moral sense of the community. A "eath penalty is not a cruel or unusual punishment. *t is an e(ercise of the StateKs power to secure society against the threatened and actual evil. $&
Automatic review in death penalty cases shall proceed even in the absence of the accused4 considering that nothing less than life is at sta;e and any court decision must be errorAfree as possible. NonAimprisonment for "ebt A No person shall be imprisoned for debt or nonA payment of a poll ta(. A 8hile the debtor cannot be imprisoned for failure to pay his debt4 he can be validly punished in a criminal action if he contracted his debt through fraud4 as his responsibility arises not from the contract of loan4 but from the commission of the crime. "ouble Eeopardy A No person shall be twice put in 5eopardy of punishment for the same offense. A *f an act is punished by law and an ordinance4 conviction or ac@uittal under either shall constitute a bar to another prosecution for the same act. A %e@uisites? #. valid complaint or information does not attach in preliminary investigation. &. filed before a competent court mista;e has been made in charging the proper offense4 the first charge shall be dismissed to pave the way for the filing of the proper offense. 7he dismissal of the first case will not give rise to double 5eopardy inasmuch as the court does not have 5urisdiction over the case4 $. to which defendant had pleaded no arraignment Q no double 5eopardy grant of motion to @uash4 filed before the accused ma;es his plea4 can be appealed by the prosecution because the accused has not yet been placed in 5eopardy. ,. defendant was previously ac@uitted or convicted4 or the case dismissed or otherwise terminated without his e(press consent promulgation of only one part of the decision is not a bar to the promulgation of the other part4 the imposition of the criminal accountability and does not constitute a violation of the proscription against double 5eopardy. A "ismissal of action #. permanent dismissal #: termination of the case on the merits resulting in either conviction or ac@uittal
&: dismissal of the case because of the prosecutionKs failure to prosecute $: dismissal on the ground of unreasonable delay in violation of the right to speedy trial &. provisional dismissal dismissal without pre5udice to reinstatement before order of dismissal becomes final or to subse@uent filing of a new information within the periods allowed by law. A /(press consent directly given4 either viva voce or in writing4 a positive4 direct4 une@uivocal consent re@uiring no inference or implication to supply its meaning. A 8hen dismissal is made at the instance of the accused4 there is no double 5eopardy. A 8hen the ground for motion to dismiss is insufficiency of evidence 9grant of demurrer: e@uivalent to an ac@uittal and any further prosecution would violate the constitutional proscription against double 5eopardy. A 8hen the proceedings have been unreasonably prolonged as to violate the right of the accused to speedy trial double 5eopardy A %evival of the case provisionally dismissed timeAbar for the revival of criminal cases provisionally dismissed with the e(press consent of the accused and with prior notice to the offended party? #: & years if the offense charged is penalized by more than 3 years imprisonment &: # years if the penalty imposed does not e(ceed 3 years imprisonment or a fine in whatever amount A Prohibits the state from appealing or filing a petition for review if 5udgment of ac@uittal that was based on the merits of the case. Certiorari will lie to correct errors of 5udgment. A "ouble 5eopardy provides three related protections? #: Against &nd prosecution for the same offense after ac@uittal) &: Against a &nd prosecution for the same offense after conviction) and $: Against multiple punishments for the same offense. A *nstances when prosecution may appeal #: Prosecution is denied due process4 such denial results in loss or lac; of 5urisdiction and this appeal may be allowed &: Accused has waived or is estopped from invo;ing his right against double 5eopardy $$
A No double 5eopardy #: +istrial &: State is deprived of fair opportunity to prosecute and prove its case $: "ismissal of information!complaint is purely capricious ,: Lac; of proper notice to be heard .: Accused waives or is estopped from invo;ing his right against double 5eopardy. 3: "ismissal!ac@uittal is made with grave abuse of discretion A "ischarge of coAaccused to be utilized as government witness A Accused cannot be prosecuted anew for an identica$ o ense4 or for any attempt to commit the same or r%stration thereof4 or for any offense which necessari$) inc$%des or is necessari$) inc$%ded in the offense charged in the original complaint or information. A "octrine of Supervening /vent the accused may still be prosecuted for another offense if a subse@uent development changes the character of the first indictment under which he may have already been charged or convicted. 7he conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the original complaint or information when? a. =raver offense developed due to supervening facts arising from the same act or omission) b. 'acts constituting the graver offense or were discovered only after the filing of the former complaint or information) or c. 7he plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party. /( post facto law and ill of attainder A No e( post facto law or bill of attainder shall be enacted. A /( post facto law Linds a. Law that ma"es crimina$ an action done before the passage of the law and which was innocent when done4 and punishes such action) b. Law that aggra#ates a crime4 or ma;es it greater than it was when committed)
c. Law that c&anges t&e p%nis&ment4 and inflicts a greater punishment than the law anne(ed to the crime when committed) d. Law that a$ters $ega$ r%$es o e#idence and receives less or different testimony than the law re@uired at the time of the commission of the offense4 in order to convict the offender) e. Law which4 assuming to regulate civil rights and remedies only4 in e ect imposes a pena$t) or t&e depri#ation o a rig&t for something which when done was lawful) f. Law which deprives a person accused of a crime of some lawful protection to which they have been entitled Characteristics a. %etroactive b. 8or;s to the pre5udice of the accused c. %efers to criminal matters A ill of attainder "efinition? legislative act that inflicts punishment without trial. Substitutes legislative fiat for a 5udicial determination of guilt. *t is only when the statute applies either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without 5udicial trial that it becomes a bill of attainder. AntiASubversion Act is not a bill of attainder. simply declares that the Communist Party is an organized conspiracy to overthrow the =overnment and for definitional purposes only. *II. CITI4ENSHIP A "efinition? membership in a political community which is personal and more or less permanent in character. A Nationality is membership in any class or form of political community. *t does not necessarily include the right!privilege of e(ercising civil or political rights. A +odes of ac@uiring? #: +arriage &: irth A Eus soli A Eus sanguinis $: Naturalization A NaturalAborn citizens citizens of the Philippines from birth without having to perform $,
any act to ac@uire or perfect their Philippine citizenship. A +arriage by 'ilipino to an alien citizens of the Philippines who marry aliens shall retain their citizenship4 unless by their act or omission they are deemed4 under the law4 to have renounced it. A "ual allegiance of citizens is inimical to the national interest and shall be dealt with by law. A "ual citizenship as a dis@ualification under the L=C must refer to dual allegiance. A 'or candidates with dual citizenship4 it is sufficient that they elect Philippine citizenship upon the filing of their certificate of candidacy to terminate their status as persons with dual citizenship. 'iling of certificate of candidacy is sufficient to renounce foreign citizenship. A Attac; on oneKs citizenship may be made only through a direct and not collateral attac;. A "octrine of res 5udicata does not ordinarily apply to @uestions of citizenship. /(ception? #: PersonKs citizenship is resolved by a court or an administrative body as a material issue in the controversy4 after fullAblown hearing &: Active participation of the Sol=en or his representative $: 'inding of citizenship is affirmed by the SC A Citizens of the Philippines #: Citizens of the Philippines at the time of the adoption of the #021 Constitution &: 8hose fathers or mothers are citizens of the Philippines $: orn before Eanuary #14 #01$4 of 'ilipino mothers4 who elect Philippines citizenship upon reaching the age of ma5ority /lection stated in a statement to be signed and sworn to by the party concerned before any official authorized to administer oath. 'iled with the nearest Civil %egistry Accompanied with the -ath of Allegiance to the Constitution and the =overnment 8ithin $ years from reaching the age of ma5ority e(cept when there is 5ustifiable reason for delay. "octrine of *mplied /lection e(ercise of right of suffrage and participation in the election e(ercises
%ight is available to the child as long as the mother was a 'ilipino citizen at the time of the marriage to the alien4 even if by reason of such marriage4 she lost her Philippine citizenship and even if the mother was not a citizen at time of birth. %ight to elect Philippine citizenship is an inchoate right "uring his minority4 child is an alien. Apply only to legitimate children. *f the child is illegitimate4 he follows the status and citizenship of his ;nown parent4 the mother. ,: Naturalization A +odes of Naturalization "irect #: Eudicial or administrative proceedings &: Special act of legislature $: Collective change of nationality4 resulting from cession or sub5ugation ,: Adoption of orphan minors as nationals of the State where they were born "erivative #: Alien woman upon marriage to a national &: +inor children of naturalized person $: 8ife of naturalized husband A "octrine of *ndelible Allegiance? individual may be compelled to retain his original nationality even if he has already renounced or forfeited it under the laws of the second State whose nationality he has ac@uired. A <ualifications? #: Not less than &# at the date of the hearing) &: %esided in the Philippines for a continuous period of #J years %educed to . years *' #: orn in the Philippines &: Donorably held office in =overnment $: *ntroduced a useful invention or established a new industry ,: /ngaged as a teacher in the Philippines4 public or private school 9e(cept those established for the e(clusive instruction of persons of a particular nationality: or in any branches of education or industry for a period of not less than & years $: =ood moral character) believes in the underlying principles of the Constitution) conducted himself in a proper and irreproachable manner during his residency $.
,: -wn real estate in the Philippines not less than P.4JJJ4 have some lucrative trade4 profession or lawful occupation .: Spea; and write /nglish!Spanish!any principal Philippine languages 3: /nrolled his minor children of school age to public!private schools recognized by the =overnment4 where Philippine history4 government and civic are taught A "is@ualifications? #: -pposed to organized government or affiliated with any association of groups!persons who uphold and teach doctrines opposing all organized governments &: "efending or teaching the propriety of violence4 personal assault4 assassination for the success or predominance of ideals $: Polygamists or believers ,: Convicted of a crime involving moral turpitude .: Suffering from mental alienation or incurable contagious disease 3: 8ho4 during the period of their residence4 have not mingled socially with 'ilipinos or who have not evinced a sincere desire to learn and embrace the customs4 traditions and ideals of the 'ilipinos 1: Citizens and sub5ects of nations with whom the Philippines is at war4 during the period of such war 2: Citizens and sub5ects of foreign country whose law does not grant 'ilipinos the right to become naturalized citizens A Procedure #: 'ile declaration of intention with Sol=en one year prior to the filing of the petition /(ception? #: orn in the Philippines and received primary and secondary education in public or private schools recognized by the =overnment and not limited to particular race &: %esided in the Philippines for $J years or more before the petition and enrolled his children to elementary and high schools recognized by the =overnment and not limited to particular race $: 8idow and minor children if an alien who has declared his intention to become a citizen of the Philippines and dies before he is actually naturalized. &: 'ile petition R affidavit of & credible persons4 citizens of the Philippines who personally ;now the petitioner4 as character witness
$: Publication of petition Eurisdictional Published in -= or in a newspaper of general circulation once a wee; for three consecutive wee;s ,: Actual residence during the entire proceedings .: Dearing 3: Promulgation of the decision 1: Dearing after & years 9Probation period of & years: Not left the Philippines "edicated himself continuously to a lawful calling!profession Not been convicted of any offense or violation of rules Not committed any act pre5udicial to the interest of the nation or contrary to any =overnmentA announced policies 2: -ath ta;ing and issuance of certification A /ffects #: >ests citizenship on wife if she herself may be naturalized &: +inor children born in the Philippines before naturalization shall also be considered citizens $: +inor children born outside the Philippines but residing in the Philippines at the time of naturalization shall also be considered citizens ,: +inor children born outside the Philippines shall be citizens only during minority4 unless he begins to reside permanently in the Philippines .: Child born outside the Philippines4 after the naturalization of the parents shall be considered citizens4 Provided he registers as such before any Philippine consulate within one year after attaining ma5ority age and ta;es his oath of allegiance A =rounds for "enaturalization #: Naturalization certificate obtained fraudulently or illegally &: *nvalid declaration of intention $: +inor children failed to graduate through the fault of parents ,: Allowed himself to be used as dummy .: *f within . years he returns to his native country or some foreign country and establishes residence there
A #Ayear stay in native country or &Ayear stay in a foreign country is prima facie evidence of intent to ta;e up residence A /ffects of "enaturalization? if the ground affects the intrinsic validity of the proceedings4 the denaturalization will divest wife and children) if ground is personal to the denaturalized 'ilipino4 his wife and children shall retain Philippine citizenship. A Naturalization by direct legislative action discretionary on Congress) usually for aliens who made outstanding contributions to the country A Administrative Naturalization grant Philippine citizenship by administrative proceedings to aliens born and residing in the Philippines Special Committee on Naturalization A Sol=en 9Chairman:4 Sec of 'A and National Security Adviser power to approve4 re5ect or deny applications <ualifications #: orn in the Philippines and residing therein since birth &: Not less than #2 at the time of filing $: =ood moral character) believes in the underlying principles of the Constitution) conducted himself in a proper and irreproachable manner during his residency ,: %eceived primary and secondary education in any public!private school recognized by "/CS4 where Philippine history4 government and civics is taught and not limited to any race!nationality) Provided that where he has minor children4 must be enrolled in similar schools .: Lnown trade4 business4 profession or lawful occupation from which he derives income sufficient to support himself and family N!A to college degree holders who are dis@ualified from practicing their profession due to citizenship re@uirements 3: Able to read4 write and spea; 'ilipino or any of the dialects 1: +ingled with 'ilipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the 'ilipino people A Procedure #: 'ile with Special Committee a petition &: Publication of pertinent portions of the petition once a wee; for $ consecutive wee;s in newspaper of general circulation $: Posting of copies in public or conspicuous areas $3
,: 'urnish copies to following agencies who shall post copies of the petition in any public or conspicuous areas in their building officers and premises and within $J days submit to Committee a report stating whether or not petitioner has any derogatory record on file "'A ureau of *mmigration and "eportation Civil registrar of petitionerKs place of residence N * .: 8ithin 3J days from receipt of agenciesK report4 Committee shall consider and review all information. 3: *f Committee receives any adverse information4 Committee shall allow petitioner to answer4 e(plain or refute the petition 1: "eny or Approve petition 2: 8ithin $J days from approval4 petitioner pays P#JJ4JJJ4 ta;e oath of allegiance and certificate of naturalization shall issue. 0: 8ithin . days from ta;ing oath4 o* shall forward copy of oath to the proper local civil registrar and cancel petitionerKs alien certificate of registration. A Status of Alien 8ife and +inor Children +ay filed a petition for cancellation of their alien certificate of registration. *f applicant is a married woman4 husband may not benefit. ut minor children may avail of the right to see; the cancellation of alien certificate of registration. A Cancellation of the Certificate of Naturalization #: Naturalized person or representative made any false statement or misrepresentation or obtained citizenship fraudulently or illegally or committed any violation of the law4 rules or regulations &: w!in . years shall establish permanent residence in a foreign country o #Ayear stay in native country or &Ayear stay in a foreign country is prima facie evidence of intent to ta;e up residence $: Allowed himself4 wife or children with ac@uired citizenship to be used as dummy ,: De4 his wife or children commits any act inimical to national interest Loss and %eac@uisition of Philippine Citizenship A Loss of Citizenship $1
#: Naturalization in a foreign country A %A 0&&. &: y e(press renunciation of citizenship $: y subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining &# years of age A Principle of *ndelible Allegiance 'ilipino may not divest himself of Philippine citizenship in this manner while Philippines is at war with any country ,: y rendering service or accepting commission in the armed forced of a foreign country A /(ceptions? #: Philippines has a defensive and!or offensive pact of alliance with the said foreign country &: 'oreign country maintains armed forces in the Philippine territory with consent of the %epublic .: y cancellation of the certificate of naturalization 3: y having been declared by competent authority a deserter of the Philippine armed forces in time of war A %eac@uisition of Citizenship #: 7a;ing the oath of allegiance re@uired of former naturalAborn Philippine citizens who may have lost their citizenship by reason of their ac@uisition of the citizenship of a foreign country &: Naturalization provided that he possesses none of the dis@ualifications $: %epatriation or deserters of the Army4 Navy or Air Corps) a woman who has lost her citizenship by reason of marriage may be repatriated after termination of marital status A %epatriation ta;es effect as of the date of filing of his application. A /ffect of repatriation is to allow the person to recover or return to his original status before he lost his Philippine citizenship. ,: "irect act of Congress *III. THE LEGISLATI*E ,EPART-ENT A Legislative power the power to propose4 enact4 amend and repeal laws A >ested in Congress e(cept to the e(tent reserved to the people by the provision in initiative and referendum People can directly propose and enact laws or approve or re5ect any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition thereof signed by
at least #J per centum of the total number of registered voters4 of which every legislative district must be represented by at least $ per centum of the registered voters. *nitiative power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for that purpose. #: *nitiative on the Constitution &: *nitiative on Statutes $: *nitiative on local legislation *ndirect *nitiative e(ercise of initiative by the people through a proposition sent to Congress or local legislative body for action %eferendum power of the electorate to approve or re5ect legislation through an election called for that purpose. #: %eferendum on Statutes &: %eferendum on local legislation A Prohibited measures #: Petition embracing more than one sub5ect &: *nvolving emergency measures4 the enactment of which is specifically vested in Congress by the Constitution4 cannot be sub5ect to referendum4 until 0J days after effectivity A Local *nitiative4 Not less than &4JJJ registered voters in case of autonomous regions #4JJJ in provinces and cities #JJ in municipalities .J in baranagays 'ile a petition with %egional Assembly or local legislative body A Limitation on Local *nitiative #: /(ercised not more than once a year &: /(tend only to sub5ects or matters which are within the legal powers of the local legislative body to enact $: *f at any time before the initiative is held4 the local legislative body shall adopt in toto the proposition presented4 the initiative shall be cancelled A Composition of Congress? Senate and Douse of %epresentative A Senate? &, senators4 elected at large by @ualified voters $2
<ualifications #: NaturalAborn &: -n the day of the election4 at least $. years of age $: Able to read and write ,: %egistered voter .: %esident of the Philippines for not less than & years immediately preceding the day of the election 7erm? 3 years4 commencing at noon on $J th day of Eune ne(t following their election Limitation? no senator shall serve for more than & consecutive terms. >oluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which elected. A Douse of %epresentatives? not more than &.J4 unless otherwise provided by law Composition #: "istrict representative &: PartyAlist representative $: Sectoral representative Apportionment of legislative district is a 5usticiable @uestion o 9Provinces and cities and +etro +anila area: Apportionment shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio. o /ach city with not less than &.J4JJ inhabitants entitled to at least # rep o /ach province4 irrespective of number of inhabitants entitled to at least # rep /ach legislative district shall comprise4 as far as practicable4 compact4 contiguous and ad5acent territory. Congress to ma;e reapportionment of legislative districts within $ years following return of every census. Constitution does not preclude Congress from increasing its membership by passing a law other than a general apportionment law. %eapportionment of legislative districts may be made through a special law. <ualifications? #: NaturalAborn 'ilipino citizen &: At the day of the election4 at least &. years old $: Able to read and write ,: /(cept the partyAlist representative4 a registered voter in the district in which he shall be elected
.: %esident thereof for not less than # year immediately preceding the day of the election Principles #: +inor follows domicile of parents &: "omicile of origin is lost only when there is a. actual removal or change of domicile b. bona fide intention of abandoning the former residence and establishing a new one c. acts which corresponds with the purpose $: 8ife does not automatically gain husbandKs domicile 7D/-%O -' L/=AL *+P-S* *L*7O E. 'rancisco 9A@uino v. Comelec: *mmigration to the 6S by virtue of a Bgreen cardC constitutes abandonment of domicile in the Philippines. 9Caasi vs. C-+/L/C: 7erm? $ years4 commencing at noon on the $Jth day of Eune ne(t following their election4 Limitation? shall not serve for more than $ consecutive terms. A PartyAList System? mechanism for proportional representation Party? political party4 sectoral party or coalition of parties Political Party? organized group of citizens advocating an ideology or platform4 principles and policies for the general conduct of government and which4 as the most immediate means of securing their adoption4 regularly nominates and supports certain of its leaders and members as candoidates for public office. National Party? constituency is spread over the geographical territory of at least a ma5ority of the regions. %egional Party? constituency is spread over the geographical territory of at least a ma5ority of the cities and provinces comprising the region. Sectoral Party? 9L6'/PA8D*PA>O: organized group of citizens belonging to any of the following? labor4 urban poor4 fisherfol;4 elderly4 peasants4 women4 handicapped4 indigenous cultural communities4 overseas wor;ers and professionals4 veterans and youth. Sectoral -rganization? group of citizens or a coalition of groups of citizens who share similar physical attributes4 characteristics4 employment4 interest or concern. $0
Coalition? aggrupation of duly registered national4 regional4 sectoral parties or organization for political and!or election purposes. A %egistration!+anifestation to Participate in the PartyAList System 0J days prior to election4 petition verified by its President or Secretary *f already registered4 file instead a manifestation of its desire to participate in the partyAlist system A %efusal and!or Cancellation of %egistration 9motu proprio or upon verified complaint filed by any interested party) after due notice and hearing: #: %eligious sect!denomination &: Advocate violence to attain goal $: 'oreign party!organization ,: %eceives support from foreign party!org .: "eclares untruthful statement in its petition 3: >iolates or fails to comply with election laws4 rules and regulations 1: 'ailed to participate in the last & preceding elections or fails to obtain at least &H of the votes cast under the partyAlist system in the & preceding elections for the constituency in which it has registered 2: Ceased to e(ist for at least # year A Nomination of a partyAlist representative? each registered party4 organization or coalition must submit a list of names to the C-+/L/C not later than ,. days before the election. Not less than . -nly persons who have given their consent may be included in the list Not include any candidate for elective position4 or who lost the immediately preceding election No change allowed e(cept? #: "ies &: 8ithdraws in writing $: ecomes incapacitated *ncumbent who are nominate are N-7 considered resigned. A <ualifications of a PartyAlist nominee #: NaturalAborn citizen &: Able to read and write $: %egistered voter ,: %esident of the Philippines at least # year immediately preceding the day of the election
.: ona fide member of the party!organization which he see;s to represent at least 0J days preceding the day of the election 3: At least &. years old at the day of the election 1: Oouth sector at least &. but not more than $J. *f during his term reaches the age of $J4 he shall be allowed to continue until e(piration of term. A +anner of >oting every voter entitled to two votes4 # for member of the Douse and # for the party4 organization or coalition. A Number &JH of the total number of the members of the Douse including those under the partyAlist. *n determining the allocation of seats for the second vote? #: Parties4 organizations and coalitions shall be ran;ed from the highest to the lowest cased on the number of votes they garnered during the election &: Parties4 organizations and coalitions receiving at least &H of the total votes cast for the partyAlist system shall be entitled to #Aseat each4 those garnering more than &H of the votes shall be entitled to additional seats in proportion to their total number of votes $: /ach party4 organization or coalition shall be entitled to not more than $ seats , inviolable parameters? #: &JH allocation? combined number of all partyA list congressmen shall not e(ceed &JH of the total membership of the Douse &: &H threshold? only those parties garnering a minimum of &H of the total valid votes cast for the partyAlist system are @ualified to have a seat $: $Aseat limit? each @ualified party4 regardless of the number of votes it actually obtained4 is entitled to a ma(imum of $ seats ,: Proportional representation? additional seats which a @ualified party is entitled to shall be computed Bin proportion to their number of votes.C *n order that a political party registered under the partyAlist system may be entitled to a seat in the Douse? #: %epresent the marginalized and underA represented sector &: +a5or political parties must comply with this statutory policy $: Constitutional prohibition against religious sect ,: Not dis@ualified under %A10,# .: Not ad5unct or pro5ect funded by government ,J
3: Party and its nominees must comply with the re@uirements of the law 1: Nominee must also represent the marginalized and underArepresented sector 2: Nominee must be able to contribute to the formulation and enactment of appropriate legislation A Choosing PartyAList %epresentative? proclaimed by C-+/L/C based on a list of names submitted by respective parties4 according to their ran;ing in the list. A /ffect of Change of Affiliation Changes affiliation during term forfeiture of seat *' w!in 3 months before election4 he shall not be eligible for nomination under new party A >acancy automatically filled by the ne(t rep from the list of nominees and shall serve for the une(pired term. *f the list is e(hausted4 the party4 organization or coalition shall submit additional nominees. A 7erm of -ffice? term of $ years and shall be entitled to same salaries and emoluments as regular members of the Douse. /lection %egular? &nd +onday of +ay Special? to fill a vacancy) serve for the une(pired term Salaries "etermined by law. No increase in said compensation shall ta;e effect until after the e(piration of the term of all the members of the Senate and Douse approving such increase. Privileges #: 'reedom from Arrest -ffenses punishable by not more than 3 years imprisonment4 be privileged from arrest while Congress is in session. &: Privilege of Speech and of "ebate Not be @uestioned nor be held liable in any other place for any speech!debate in the Congress or in any committee. Deld to account for such speech or debate by the Douse to which he belongs
"is@ualifications #: *ncompatible -ffice Not hold any other office or employment 'orfeiture of the seat in Congress automatically upon assumption of incompatible office. N!A if he holds the government office in an e( officio capacity &: 'orbidden -ffice Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. Last only for the duration of the term for which the member of Congress was elected. -ther *nhibitions not personally appear as counsel before any court4 /74 @uasiA5udicial or other administrative bodies not be directly or indirectly interested financially in any contract with4 or any franchise or special privilege granted by the =overnment not intervene in any matter before any office of the =overnment for his pecuniary benefit or where he may be called upon to act on account of his office. Session %egular? convene once a year on the ,th +onday of Euly unless a different date is fi(ed by law) and shall continue for such number of days as it may determine until $J days before the opening of its ne(t regular session4 e(clusive of Saturdays4 Sundays and legal holidays. Special? call by president usually to consider legislative measure which the President may designate in his call Eoint #: >oting Separately a. Choosing the president b. "etermine disability of the president c. Confirming nomination of >P d. "eclaration of the e(istence of a state of war e. Proposing constitutional amendments &: >oting Eointly a. %evo;e!e(tend proclamation suspending the privilege of the writ of DC ,#
b. -r placing the Philippines under martial law Ad5ournment neither Douse during the sessions of the Congress shall4 without the consent of the other ad5ourn for more than $ days nor to any other place than that in which the & Douses shall be sitting. -fficers Senate elects its President Douse elects its Spea;er /ach nay choose such other officers as it may deem necessary <uorum +a5ority of each Douse ut a smaller number may ad5ourn from day to day and may compel the attendance of absent +embers in such manner and under such penalties as such Douse may determine <uorum in the Senate shall be the total number of Senators who are in the country and within the coercive 5urisdiction of the Senate. %ules of Proceedings /ach Douse determined the rules of its proceedings. "iscipline of +embers Douse may punish its members for disorderly behavior4 and with concurrence of &!$ of all its members4 suspend 9for not more than 3J days: or e(pel a member. "etermination of acts which constitute disorderly behavior is within the full discretionary authority of the Douse concerned4 and the Court will not review such determination4 the same being a political @uestion. %ecords and oo;s of Accounts Preserve and open to public oo;s shall be audited by C-A which shall publish annually an itemized list of amounts paid to and e(penses incurred by each member. Legislative Eournal and Congressional %ecords /ach Douse shall ;eep a Eournal of its proceedings4 and from time to time publish the
same4 e(cepting such parts as may4 in its 5udgment4 affect national security) And the yeas and nays on any @uestion shall4 at the re@uest of #!. of the +embers present4 be entered in the Eournal. /ach Douse shall also ;eep a %ecord of its proceedings. +atters which under the Constitution are to be entered in the 5ournal? a. Oeas and nays on $rd and final reading of a bill b. >eto message of the President c. Oeas and nays on the repassing of a bill vetoed by the President d. Oeas and nays on any @uestion at the re@uest of #!. of members present. /nrolled ill 7heory? enrolled bill is one duly introduced and finally passed by both Douses4 authenticated by the proper officers of each and approved by the President. /nrolled ill prevails4 e(cept to matters which under the Constitution must be entered in the Eournal. /lectoral 7ribunals Composition a. $ SC Eustices designated by CE4 the senior 5ustice shall be the chairman b. 3 members of the house4 chosen on the basis of proportional representation from the political parties registered NonApartisan court) independent of Congress 7ermination of +embership? a. /(piration of congressional term b. "eath c. %esignation from political party d. 'ormal affiliation to another political party e. %emoval for other valid causes Cannot dis@ualify senatorAmember 5ust because election contest is filed against him. 9Abbas vs. Senate /7: "octrine of Primary Administrative Eurisdiction4 prior recourse to the Douse is necessary before the case may be brought to the Court. Power? sole 5udge of all contests relating to the election4 returns and @ualifications of their respective members. D%/7 may assume 5urisdiction only when after the winning candidate shall have been duly ,&
proclaimed4 has ta;en oath of office4 and has assumed functions of the office. "ecisions may be reviewed by SC by showing grave abuse of discretion in a petition for certiorari filed under %3.. Commission on Appointment Composition a. Senate President4 e(Aofficio chairman b. #& senators c. #& house S b and c elected by each Douse on the basis of proportional representation from the political parties registered. Powers act on all appointments submitted to it within $J session days of Congress from their submission. Shall rule by ma5ority vote of its members +eet only while Congress is in session At the call of its Chairman or ma5ority of all its members *ndependent of the & Douses and has the power to promulgate its own rules of proceedings. Powers of Congress #. =eneral 9plenary: legislative power A Limitations? #. Substantive A /(press a. ill of rights b. Appropriations c. 7a(ation d. Constitutional appellate 5urisdiction of SC e. No law granting a title of royalty or nobility shall be passed A *mplied a. NonAdelegation of powers b. Prohibition against the passage if irrepealable laws &. Procedural a. -nly one sub5ect to be e(pressed in the title A 7itle is not re@uired to be an inde( of the contents of the bill A Sufficient compliance if the title e(presses the general sub5ect and all the provisions of the statute are germane to thee sub5ect
A Sufficient if the title is comprehensive enough4 as in this case4 to include sub5ects related to the general purpose which the statute see;s to achieve. A %ider is a provision not germane to the sub5ect matter of the bill. b. 7hree readings on separate days A Printed copies of bill in its final form distributed to +embers $ days before its passage A /PC/P7 when the President certifies to its immediate enactment to meet a public calamity or emergency A 6pon last reading4 no amendment allowed4 and vote thereon ta;en immediately and the yeas and nays entered in the 5ournal A Presidential certification dispensed with the re@uirement not only of printing but also that of reading the bill on separate days. $. Legislative Process A %e@uirements as to bill -nly # sub5ect to be e(pressed in the title Appropriation4 revenue bills4 tariff bills4 bills of local application4 bills authorizing increase of public debts and private bills shall originate e(clusively in the Douse of %epresentative. *t is not the law4 but the bill4 which is re@uired to originate e(clusively in the Douse4 because the bill may undergo such e(tensive changes in the Senate that the result may be a rewriting of the whole. 7he Constitution does not prohibit the filing in the Senate of a Bsubstitute billC in anticipation of its receipt of the bill from the Douse4 so long as the action by the Senate as a body is withheld pending receipt of the Douse bill. A Procedure? passed $ readings on separate days4 and printed copies in its final form have been distributed to its +embers $ days before its passage /PC/P7 when President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Courts are denied the power to in@uire into allegations that4 in enacting a law4 a Douse of Congress failed to comply with its own rules4 in the absence of any showing that there was a violation of constitutional re@uirements or the rights of private individuals. *t is within the icameral Conference Committee to include in its report an entirely new ,$
provision that is not found either in the Douse or Senate bill. *f the Committee can propose an amendment consisting of # or & provisions4 there is no reason why it cannot propose several provisions4 collectively considered as Ban amendment in the nature of a substituteC so long as the amendment is germane to the sub5ect of the bills before the Committee.C Eurisdiction of the Conference Committee is not limited to resolving differences between the Senate and the Douse versions of the bill. *t may propose an entirely new provision. A Approval of ills 7he bill becomes a law in the following cases? a. President approves the same and signs it. b. Congress overrides the Presidential veto if the President disapproves the bill4 he shall return the same4 with his ob5ections contained in his >eto message to the Douse of origin 9which shall enter the ob5ections at large in its Eournal:. 7he veto is overridden upon a vote of &!$ of all members of the Douse of origin and the other Douse. Oeas and Nays entered in the Eournal of each Douse. o No poc;et veto. o Partial veto4 as a rule4 is invalid. *t is allowed only for particular items in an appropriation4 revenue or tariff bill. 7he President cannot veto part of an item in an appropriation bill while approving the remaining portion of the item. o Legislative >eto a congressional veto is a means whereby the legislature can bloc; or modify administrative action ta;en under a statute. *t is a form of legislative control in the implementation of particular e(ecutive action. *t may be negative 9sub5ecting the e(ecutive action to disapproval by Congress: or affirmative 9re@uiring approval of the e(ecutive action by Congress: c. 8hen the President fails to act upon the bill for $J days from receipt thereof4 the bill shall become a law as if he had signed it. &. Power of Appropriation Spending power called the Bpower of the purseC belongs to Congress sub5ect only to the veto power of the President. *t is the President who proposes the budget4 the final say on the matter of appropriation is lodged in Congress.
7he power of appropriation carries with it the power to specify the pro5ect!activity to be funded under the appropriation law. Need for appropriation BN- money shall be paid out of the 7reasury e(cept in pursuance of an appropriation made by law.C *ndispensable re@uisites or condition sine @ua non for the e(ecution of government contracts? a. /(istence of appropriation b. Availability of funds Appropriation law a statute the primary and specific purpose of which is to authorize the release of public funds from the 7reasury. Classification? #: =eneral Appropriations Law passed annually4 for the financial operations of the government. &: Special Appropriations Law for specific purpose *mplied Limitation on Appropriation +easures #: Appropriation must be devoted to public purpose &: Sum authorized to be released must be determinate or at least determinable "ecree do not specify the specific amounts to be paid4 the amounts are nevertheless made certain by the legislative parameters provided in the decrees. 7he mandate being only to pay the principal4 interest4 ta(es and other normal ban;ing charges. Constitutional Limitation on Special Appropriation +easure #: Specify the public purpose for which the sum is intended &: +ust be supported by funds actually available as certified to by the National 7reasurer or to be raised by a corresponding revenue proposal included therein. Constitutional %ules on =eneral Appropriations Law? Congress may not increase the appropriations recommended by the President for the operation of the =overnment. 7he form4 content and manner of preparation of the budget shall be prescribed by law. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. 7his is intended to prevent riders ,,
or irrelevant provisions included in the bill to ensure its approval. i. Procedure for approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. 9to prevent sub rosa appropriation by Congress: ii. Prohibition against transfer of appropriations /(ception? #: President &: Senate President $: Spea;er ,: Chief Eustice .: Deads of Constitutional Commission y law4 be authorized to augment any item in the general appropriation law for their respective offices from savings in other items of their respective appropriations. iii. Prohibition against appropriation for sectarian benefit /(ception? priest4 preacher4 minister or dignitary is assigned to the armed forces or to any penal institution or government orphanage or leposarium. iv. Automatic reappropriation *f Congress failed to pass the general appropriations bill for the ensuing year4 the general appropriations bill for the preceding fiscal year shall be deemed reAenacted until said bill is passed. *mpoundment the refusal by the President for whatever reason to spend funds made available by Congress. *t is the failure to spend or obligate budget authority of any type. Appropriation %eserves the Administrative Code authorizes the udget Secretary to establish reserves against appropriations to provide for contingencies and emergencies which may arise during the year. 7his is Be(penditure deferralC not suspension4 since the agencies concerned can still draw on the reserves if the fiscal outloo; improves. $. Power of 7a(ation Limitations #. uniform and e@uitable evolve a progressive system of ta(ation &. charitable institutions4 etc. and all lands4 buildings and improvements actually4 directly and e(clusively used for religious4 charitable or educational purposes shall be e(empt from ta(ation.
$. all revenues and assets of nonAstoc;4 nonAprofit educational institutions used directly4 actually and e(clusively for educational purposes shall be e(empt from ta(ation. ,. Law granting ta( e(emptions shall be passed only with concurrence of ma5ority of all members of Congress ,. Power of Legislative *nvestigation Conduct in@uiries in aid of legislation. %ights of persons appearing in or affected by such in@uiries shall be respected. Limitations #. in aid of legislation &. in accordance with duly published rules of procedure $. %ights of persons appearing in4 or affected by such in@uiry shall be respected Power to punish for contempt? Senate being a continuing body may order imprisonment for an indefinite period4 but principles of due process and e@ual protection will have to be considered. .. <uestion Dour Deads of the departments may upon their own initiative with the consent of the President -% upon the re@uest of wither Douse4 as the rules of each Douse shall provide4 appear before and be heard by the Douse on any matter pertaining to their departments. 8ritten @uestions submitted to the Senate P or Spea;er4 $ days before the scheduled appeared. *nterpellations shall not be limited to the written @uestions4 may cover matters related thereto. 8hen the security of the State or the public interest so re@uires4 may be held in e(ecutive session. 3. 8ar Powers "eclaration of the e(istence of state of war &!$ of both Douses in 5oint session4 voting separately 1. Power to act as oard of Canvassers in election of President 2. Power to call a Special /lection for President and >P 0. Power to 5udge the PresidentKs physical fitness to discharge the functions of Presidency #J. Power to revo;e or e(tend suspension of the privilege of the writ of DC or declaration of martial law ##. Power to concur in Presidential amnesties ,.
Concurrence of ma5ority of all members of the Senate #&. Power to concur in treaties or international agreements &!$ of all the members of the Senate #$. Power to confirm certain appointments by the President in the event of vacancy in the -ffice of >P4 from among members of Congress confirmed by ma5ority vote of all the +embers of both Douses of Congress4 voting separately. Nominations by President under Sec #34 Article 1 confirmed by Commission on Appointments #,. Power to impeachment #.. Power relative to natural resources #3. Power to propose amendments to the Constitution I5. E5ECUTI*E ,EPART-ENT 7he President <ualifications #. naturalAborn citizen &. registered voter $. able to read and write ,. on the day of the election4 at least ,J years old .. resident of the Philippines for at least #J years immediately preceding such election /lection A %egular /lection? &nd +onday of +ay A Congress as oard of Canvassers %eturns of every election for President and >P4 duly certified by oard of Canvassers of each province or city shall be transmitted to Congress directed to Senate President. SP4 upon receipt4 shall not later than $J days after the day of the election4 open all the certificates in the presence of the Senate and Douse in 5oint public session. Congress upon determination of the authenticity and due e(ecution4 shall canvass the votes. Congress shall promulgate its own rules. & or more candidates shall have an e@ual and highest number of votes4 one of them shall be chosen by a ma5ority vote of all members of Congress.
A Congress has the authority to proclaim the winning candidates for the position of President and >ice President A Congress may delegate the initial determination of the authenticity and due e(ecution of the certificate of canvass to a Eoint Congressional Committee4 composed of members of the Douse and Senate A 7he decisions and final report of the Committee shall be sub5ect to the approval of the 5oint session of both Douses if Congress4 voting separately. A /ven if Congress has ad5ourned its regular session it may continue to perform this Constitutional duty of canvassing the presidential and viceApresidential election results without need of any call for a special session by the President. A 7he 5oint public session cannot ad5ourn sine die until it has accomplished its constitutionally mandated tas;. A No constitutional or statutory basis for C-+/L/C to underta;e a separate and an BunofficialC tabulation of results descends to the level of private organization while using public funds4 violates e(clusive prerogative of NA+'%/L and taints integrity of envelopes containing /% and the /%s themselves. A SC as Presidential /lectoral 7ribunal SC4 en banc Sole 5udge of all contests relating to the election4 returns and @ualifications of the President or >P Promulgate its own rules 7erm of -ffice? 3 years A No reAelection A No person who has succeeded as President and has served for more than , years shall be @ualified for election to the same office at any time Privileges #. -fficial %esidence &. Salary A "etermined by law A Shall not be decreased during tenure A No increase shall ta;e effect until after e(piration of the term of the incumbent during which such increase was approved. $. *mmunity from Suit A President is immune from suit ,3
A +ay not be prevented from instituting a suit A *mmune from civil liability A After tenure4 cannot invo;e immunity from suit for civil damages arising out of acts done by him while he was President which was not performed in the e(ercise of official duties. A "epartment Secretaries4 though alter egos4 cannot invo;e PresidentKs immunity from suit. Prohibitions!*nhibitions #. Not receive any other emoluments from the government or nay other source &. Not hold any other office or employment4 unless provided in this Constitution A >P may be appointed to the Cabinet without need of confirmation from Commission on Appointment A Secretary of Eustice is e(Aofficio member of Eudicial and ar Council A Secretary of Labor e(Aofficio member of -" of P/NA A Secretary of 7C e(Aofficio Chairman of PPA and L%7A A Prohibition must not be construed as applying to poses occupied by /(ecutive officials without additional compensation in an e(Aofficio capacity4 as provided by law and as re@uired by the primary functions of the said officialKs office. 7hese posts do not comprise Bany other officeC but is an imposition of additional duties and functions on said official. $. Not directly or indirectly practice any other profession4 participate in any business or be financially interested in any contract4 franchise or special privilege ,. Strictly avoid conflict of interest in the conduct of their office .. +ay not appoint Spouse or %elatives by consanguinity or affinity within the fourth civil degree as a. +embers of Constitutional Commissions b. -ffice of the -mbudsman c. Secretaries d. 6ndersecretaries e. Chairman!heads of bureaus!offices!=-CCs!subsidiaries %ules on Succession A >acancy at the /=*NN*N= of term
"/A7D P/%+AN/N7 "*SA *L*7O President elect PresidentAelect fails @ualify
or >PAelect shall become President of
to >PAelect shall act as President until PresidentAelect shall have @ualified President shall not have >PAelect shall act as been chosen President until PresidentAelect shall have been chosen and @ualified No President and >P? Senate President or in A Chosen case of his disability4 A <ualified the Spea;er of the A oth died Douse shall act as A oth become President until a permanently disabled President or >P shall been chosen and @ualified. *n case of inability of both4 Congress shall4 by law provide for the manner by which one who is to act as President shall be selected until a President or >P shall have @ualified. A >acancy "6%*N= the term "eath4 permanent disability4 removal from office or resignation of President >P shall become President /lements of >alid %esignation? #. intent to resign &. act of relin@uishment A 7emporary "isability President transmits to Senate President and Spea;er Dis written declaration that he is unable to discharge the powers and duties of his office 6ntil he transmits a written declaration to the contrary Powers and duties shall be discharged by the >P as Acting President ,1
+a5ority of the members of the Cabinet transmit to Senate President and Spea;er 8ritten declaration that the President is unable to discharge the powers and duties of his office >P shall *++/"*A7/LO assume the powers and duties of the office as Acting President *' President shall transmit written declaration that no such disability e(ists De shall reassume the powers and duties of his office *' ma5ority of the members of the Cabinet transmit within . days to SP and Spea;er their written declaration that the President is unable to discharge the powers and duties of his office4 Congress shall decide the issue Congress shall convene within ,2 hours4 if not in session w!in #J days from receipt of last declaration -% if not in session w!in #& days after it is re@uired to assemble Congress determines by &!$ vote of both Douses4 voting separately that President is unable >P shall act as President) -therwise4 President shall continue e(ercising the powers and duties of his office.
Constitutional "uty of Congress in case of >acancy in the -ffices of President and >P A #J?JJam4 $rd day after the vacancy occurs A Congress shall convene without need of call A w!in 1 days enact a law calling for a special election to elect a President and >P A election held not earlier than ,. days nor later than 3J days from time of such call A bill shall be deemed certified and shall become law upon approval on $rd reading by Congress A convening cannot be suspended A election cannot be postponed A *' vacancy occurs w!in #2 months before the date of the ne(t presidential election N- special election %emoval of President? *mpeachment >iceAPresident <ualifications #. naturalAborn citizen &. registered voter $. able to read and write
,. on the day of the election4 at least ,J years old .. resident of the Philippines for at least #J years immediately preceding such election 7erm? No >P shall serve for more than & successive terms. >acancy in >P A President shall nominate a >P from among members of Senate and Douse A Assume office upon confirmation by a ma5ority vote of all +embers of both Douses of Congress4 voting separately Powers of the President #: /(ecutive Power &: Power of Appointment $: Power of Control ,: +ilitary Powers .: Pardoning Power 3: orrowing Power 1: "iplomatic Power 2: udgetary Power 0: *nforming Power #J: -thers a. Call Congress to special session b. Power to approve or veto bolls c. Consent to deputation of government personnel by C-+/L/C d. "iscipline such deputies e. /mergency powers4 by delegation from Congress f. =eneral supervision over L=s and autonomous regional governments /(ecutive Power A /(ecutive Power? power to enforce and administer the laws A Power of carrying out the laws into practical operation and enforcing their due observance A Authority to %eorganize the -ffice of the President Bto achieve simplicity4 economy and efficiency.C A Power to reorganize the -P under Section $# 9#: of /- &0& 9Administrative Code: President can reorganize the -P proper by abolishing4 consolidating or merging units or by transferring functions from one unit to another ,2
A Power to reorganize the -P under Section $# 9&: and b9$: of /- &0& 9Administrative Code: power of the President to reorganize offices outside of the -P proper is limited to merely transferring functions!agencies from -P to "epartments!Agencies and v.v. A *t is not for the President to determine the validity of the law4 it is the function of the 5udiciary. 6nless and until such law is declared unconstitutional4 President has the duty to e(ecute it. Power of Appointment A Nominate and with consent of the Commission on Appointments4 appoint? a. Deads of the e(ecutive departments b. Ambassadors c. -ther public ministers and consuls d. -fficers of the armed forces from the ran; of colonel or naval captain e. -ther officers whose appointments are vested in him in this Constitution A Appoint all other officers of the =overnment whose appointments are not otherwise provided by law A Appoint those whom he may be authorized by law to appoint. A Congress may by law4 vest appointment of other officers lower in ran; in the a. President alone4 b. Courts c. Deads of departments!agencies!commissions!boards A Appointment? selection4 by the authority vested with the power4 of an individual who is to e(ercise the functions of a given office. "esignation? imposition of additional duties4 usually by law4 to one who is already in public service Commission? written evidence of appointment A Classification of Appointments a. Permanent e(tended to persons possessing the re@uisite eligibility and are protected by security of tenure b. 7emporary e(tended to persons without re@uisite eligibility4 revocable at will4 without necessity of 5ust cause or valid investigation Not sub5ect to confirmation by Commission on Appointment
*f confirmation erroneously given4 will not ma;e it a permanent appointment "esignation is considered only an acting or temporary appointment c. %egular made by President while Congress is in session 7a;es effect upon confirmation of Commission on Appointment -nce approved4 continues until end of term of the appointee d. Ad interim made by President while Congress is not in session 7a;es effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon ne(t ad5ournment of Congress 9byApassed through inaction: *ntended to prevent interruptions in vital government services Permanent and cannot be withdrawn by the President once the appointee has @ualified *f disapproved by the Commission on Appointments can no longer be e(tended a new appointment) decision of the Commission is final and binding *f byApassed President is free to renew the ad interim appointment A -fficials who are appointed by the President "oes N-7 re@uire confirmation by C-A a. Commissioner of Customs b. Philippine Coast =uard c. Chairman of Commission of Duman %ights d. NL%C Chairman and Commissioners A Congress cannot by law re@uire confirmation of appointments of government officials other than those mentioned in the Constitution A Steps in the Appointing Power a. Nomination by President b. Confirmation by C-A c. *ssuance of the Commission A Appointment is deemed complete upon acceptance) pending such acceptance4 the appointment may still be validly withdrawn A "iscretion of Appointing Authority includes the determination of the nature ad character of appointment A *n case of vacancy in an office occupied by an alter ego of the President4 e.g. "epartment ,0
Secretary4 the President necessarily appoint the alter ego of his choice. Congress4 cannot by law4 compel the President to appoint automatically the undersecretary as his temporary alter ego. An alter ego4 temporary or permanent4 holds a position of great trust and confidence. A Special Limitations on the PresidentKs Appointing Power #. may not appoint his spouse or relatives by consanguinity or affinity4 within the ,th civil degree as a. members of Constitutional Commission b. -mbudsman c. Secretaries d. 6ndersecretaries e. Chairmen!heads of bureaus!offices!=-CCs &. appointments made by acting president shall remain effective unless revo;ed by elected President w!in 0J days from assumption of office $. & months immediately before the ne(t presidential election and up to the end of his term4 a President or acting President shall not ma;e appointments /PC/P7 temporary appointments to e(ecutive positions when continued vacancies will pre5udice public service or endanger public safety No law that prohibits local e(ecutive officials ,. Congress power to prescribe @ualifications .. Eudiciary may annul an appointment made by President of the appointee is not @ualified or has not been validly confirmed. A Power of %emoval *mplied from power of appointment President cannot remove officials appointed by him where the Constitution prescribes certain methods for separation of such officers from service Chairman and commissioners of Constitutional Commissions impeachment Eudges disciplining authority of SC 8here power of removal is lodged in President? a. Cause as may be provided by law b. Prescribed administrative procedure +embers of career service of the Civil Service who are appointed by the President may be directly disciplined by him +embers of Cabinet and -fficers whose continuity in office depends upon pleasure of President replaced any time) separation is not by removal but /PP*%A7*-N of term.
Power of Control A President shall have control of all /(ecutive departments ureaus -ffices A Control? power of an officer to alter4 modify4 set aside4 or nullify what a subordinate had done in the performance of his duties and to substitute the 5udgment of the former for that of the latter. Supervision? overseeing) the power of an officer to see that subordinate officers perform their duties4 and if the latter fails or neglects to fulfill them4 then the former may ta;e such action or steps as prescribed by law to ma;e them perform these duties. A Alter /go Principle!"octrine of <ualified Political Agency All e(ecutives and administrative organizations are ad5uncts of the /(ecutive department 7he heads of the various e(ecutive departments are assistants and agents of the Chief /(ecutive And4 e(cept in cases where the Chief /(ecutive is re@uired by the Constitution or law to act personally -% the e(igencies of the situation demand that he act personally4 the multifarious e(ecutive and administrative functions of the Chief /(ecutive are performed by and through the e(ecutive departments4 And the acts of Secretaries4 performed and promulgated in the regular course of business are4 unless disapproved or reprobated are presumptively the acts of the Chief /(ecutive. A President may e(ercise powers conferred by law upon Cabinet members or subordinate e(ecutive officers. A Power of the president to reorganize the National =overnment may validly be delegated to his Cabinet members e(ercising control over a particular e(ecutive department. A Appeal to the President from decisions of e(ecutive officers4 including Cabinet members4 complete the e(haustion of administrative remedies. /(ception? "octrine of <ualified Political Agency applies4 in which case the decision of Cabinet Secretary carries the presumptive approval .J
of the President4 thus there is no need to appeal to the President. A Power of control may be e(ercised over the acts4 N-7 over the actors A Power of control of Secretary of Eustice over prosecutors "ecisions!%esolutions of prosecutors are sub5ect to appeal to the Secretary of Eustice who e(ercises power of direct control and supervision over prosecutors. 8here Secretary e(ercises power of review only after an information is filed4 7C should defer or suspend arraignment and other proceedings until appeal is resolved. D-8/>/%4 the 7C is not ipso facto bound by the resolution of the Secretary4 because 5urisdiction4 once ac@uired is not lost despite the resolution of the Secretary to withdraw the information or to dismiss the case. A Power of general supervision over local governments. A President can only interfere in the affairs and activities of a local government unit of he finds that the latter had acted contrary to law. -therwise4 violative of local autonomy. A Local fiscal autonomy? automatic release of L=6 shares in the national internal revenue. A +ilitary Powers A CommanderAinAChief of all armed forces of the Philippines A *f necessary4 he may call out such armed forces to prevent or suppress lawless violence4 invasion or rebellion. A *n case of invasion or rebellion4 when public safety re@uires it4 he may4 for a period not e(ceeding 3J days4 suspend the privilege of the writ of DC or place the Philippines or any part thereof under martial law. A CommanderAinAChief Clause Conduct of saturation drives or areal target zoning /(ercises discretionary power -nly criterion4 Bwhenever it becomes necessaryC "iscretionary authority to declare state of rebellion Court may only loo; into the sufficiency of the factual basis for the e(ercise of the power.
+ere declaration of a state of rebellion cannot diminish or violate constitutionally protected rights Power to organize courts martial for the disciple of members of the armed forces Power to create military commissions for the punishment of war criminals +ilitary tribunals cannot try civilians when civil courts are open and functioning +embers of the PNP are not within the 5urisdiction of the military court %A 1J..4 lawma;ers intended to return to civilian courts 5urisdiction over offenses that have traditionally within their 5urisdiction but did not divest the military courts 5urisdiction over cases mandated by the Article of 8ar a. "isrespect towards the President b. "isrespect towards Superior -fficer c. Sedition!+utiny d. Conduct 6nbecoming an -fficer and a =entleman e. =eneral Articles of the Articles of 8ar A Suspension of the privilege of the writ of DC =rounds? invasion or rebellion4 when public safety re@uires it "uration? not to e(ceed 3J days4 unless e(tended by Congress "uty of President to %eport action to Congress? w!in ,2 hours4 personally or in writing Congress may revo;e or e(tend by a ma5ority vote of all its members4 voting 5ointly SC may review upon proceeding filed by any citizen4 as to the sufficiency of factual basis. *t must promulgate its decision w!in $J days from its filing. Suspension does not impair the right to bail. Suspension applies to persons 5udicially charged for rebellion or offenses inherent in or directly connected with invasion "uring suspension4 any person thus arrested shall be 5udicially charged w!in $ days4 otherwise he shall be released. A +artial Law N-7 Suspend operation of the Constitution N-7 Supplant the functioning of civil courts or legislative assemblies N-7 authorize conferment of 5urisdiction on military courts and agencies over civilians where civil courts are able to function .#
N-7 automatically suspend the privilege of the writ Pardoning Power A /(cept in cases of *+P/ACD+/N7 or AS -7D/%8*S/ P%->*"/" *N 7D/ C-NS7*767*-N A +ay grant4 after conviction by final 5udgment a. %eprieves b. Commutations c. Pardons d. %emit fines and forfeitures A +ay grant Amnesty with concurrence of a ma5ority of all members of the Congress A Pardon? act of grace which e(empts the individual from punishment that the law inflicts upon the crime he has committed A Commutation? reduction or mitigation of penalty A %eprieve? postponement of sentence! stay of e(ecution A Parole? release from imprisonment but still in custody of law although not in confinement A Amnesty? act of grace4 with concurrence of legislature4 usually e(tended to group of persons who committed political offenses4 puts into oblivion the offense itself A "iscretionary e(ercise by the President A Cannot be controlled by Legislature or reversed by courts unless there is a constitutional violation. A Limitations? #: Cannot be granted in cases of impeachment &: Cannot be granted in cases of violation of election offenses w!o favorable recommendation of C-+/L/C $: Cannot be granted in cases of legislative contempt or civil contempt ,: Cannot absolve civil liability .: Cannot restore public offices forfeited A /(ceptions? on consideration of 5ustice and e@uity4 entitled to reinstatement 9Sabello vs. "/CS: 3: -nly after conviction by final 5udgment A Classification of Pardon? #: Plenary or partial &: Absolute or conditional Conditional pardon is in the nature of a contract between the Chief /(ecutive and the convicted criminal.
y the pardoneeKs consent to the terms stipulated in the contract4 the pardonee has placed himself under the supervision of the Chief /(ecutive or his delegate who is duty bound to see to it that the pardonee complied with the conditions of the pardon President is authorized to order the arrest or reA incarceration of such a person4 if he fails to comply with the conditions of his pardon. Such e(ercise of Presidential 5udgment is beyond 5udicial scrutiny. A Amnesty Stands before the law precisely as though he had committed no offense Criminal liability is totally e(tinguished 7o avail of the benefit4 must admit the guilt of the offence covered by the proclamation
7reaties vs. *nternational Agreements Internationa$ Agreements ecome binding through e7ec%ti#e action *nternational agreements involving ad8%stments o detai$s carr)ing o%t !e$$ estab$is&ed nationa$ po$icies and traditions *nvolving arrangements of a more or less temporar) nature
Treaties 'ormal documents re@uire rati ication *nternational agreements which involve po$itica$ iss%es or c&anges o nationa$ po$ic) *nvolving arrangements of permanent character
A-NEST6 Addressed to political offenses Classes of persons No need for distinct acts of acceptance Concurrence by Congress Public act which courts may ta;e 5udicial notice Loo;s bac; and puts into oblivion the offense itself
PAR,ON *nfractions of peace of the state *ndividual Acceptance needed Nope Private act which must be pleaded and proved Loo;s forward and relieves pardonee of the conse@uences of the offenses
A *t is immaterial whether 6S treats the >'A as merely an e(ecutive agreement because4 under international law4 an e(ecutive agreement is 5ust as binding as a trearty. udgetary Power A Submit to Congress within $J days from opening of its regular session A A b%dget o e7pendit%res and so%rces o inancing4 including receipts from e(isting and proposed revenue measures A As basis of the general appropriations act *nforming Power A Address Congress at the opening of its regular session A +ay appear before it at any other time 5. 9U,ICIAL ,EPART-ENT Eudicial Power A "uty of the courts of 5ustice to settle actual controversies involving rights which are legally demandable and enforceable4 and to determine whether or not there has been grave abuse of discretion amounting to lac; or e(cess of 5urisdiction on the part of any branch or instrumentality of the government. A Political @uestions forbidden territory of courts A *nherent power of Courts to amend and control its processed and orders so as to ma;e them comformable with law and 5ustice. .&
orrowing Power A Contract or guarantee foreign loans on behalf of the %epublic4 with prior concurrence of +onetary oard and sub5ect to such limitations as may be provided by law. A + 4 shall w!in $J days from end of every @uarter4 submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the =overnment!=-CC which would have the effect of increasing the foreign debt4 and containing other matters as may be provided by law. "iplomatic Power A No treaty or international agreement shall be valid and effective unless concurred in by at least &!$ of all members of the Senate.
%ight to reverse itself. A #: &: $: A #: &: $: Lower Collegiate Courts NaturalAborn +ember of Philippine ar Congress may prescribe other @ualifications Lower Courts Citizen +ember of Philippine ar Congress may prescribe other @ualifications
8here vested A # SC A Such lower courts as may be established by law Eurisdiction A Power to hear and decide a case A Congress shall have the power to define4 prescribe and apportion the 5urisdiction of various courts4 but may not deprive SC of its 5urisdiction over cases enumerated in Section .4 Article >*** A No law shall be passed increasing appellate 5urisdiction of SC without its advice and concurrence Constitutional Safeguards to *nsure *ndependence of SC #. SC is a constitutional body) it may not be abolished by legislature &. members of SC are removable only by impeachment $. SC may not be deprived of its original and appellate 5urisdiction) Appellate 5urisdiction may not be increased without its consent and concurrence ,. SC has administrative supervision over all inferior courts and personnel .. SC has e(clusive power to discipline 5udges and 5ustices of inferior courts 3. members of Eudiciary have security of tenure 1. members of Eudiciary may not be designated to any agency performing @uasiA5udicial or administrative functions 2. salaries of 5udges may not be reduced) Eudiciary en5oys fiscal autonomy 0. SC alone may initiate %-C #J. SC alone may order temporary detail 5udges ##. SC can appoint officials and employees of 5udiciary <ualifications A Proven competence4 integrity4 probity and independence R A SC #: NaturalAborn &: At least ,J $: #. years or more a 5udge of a lower court or engaged in the practice of law in the Philippines .$
Procedure for Appointment A Appointed by the President from a list of nominees prepared by Eudicial and ar Council A Lower Courts? appointed by President w!in 0J days from submission of list Eudicial and ar Council A Composition /(Aofficio +embers #: CE as Chairman &: Eustice Secretary $: %epresentative of Congress %egular +embers #: %epresentative of * P &: Professor of Law $: %etired 5ustice of SC ,: %epresentative of private sector Secretary e(Aofficio? cler; of SC A Appointment? regular members shall be appointed by President for a term of , years4 with consent of C-A) shall receive emoluments as determined by SC A Powers!'unctions? Principal function? recommending appointees to Eudiciary /(ercise such other functions and duties as SC may assign Supreme Court Composition # CE #, Associate Eustices +ay sit en banc or in its discretion4 in divisions of $4 . or 1 members >acancy shall be filled within 0J days from occurrence
/n anc concurrence of a ma5ority of the members who too; part in the deliberations and voted #: Constitutionality of a treaty4 international or e(ecutive agreement4 or law &: All others re@uired by %-C $: Constitutionality4 application or operation of P"s4 orders4 instructions4 ordinances and other regulations "ivision A concurrence of a ma5ority of the members who too; part in the deliberations and voted and in no case without the concurrence of at least $ such members 8hen re@uired number is not obtained case shall be decided en banc 9case decided N-7 matters A resolved: No doctrine or principle of law laid by a court sitting en banc or in a division4 may be modified or reversed e(cept by the court sitting en banc Powers of the SC #: -riginal Eurisdiction &: Appellate Eurisdiction $: 7emporary Assignment of 5udges of LCs to other stations as public interest may re@uire ,: -rder change of venue or place of trial4 to avoid miscarriage of 5ustice .: %uleA+a;ing Power 3: Power of Appointment 1: Power of Administrative Supervision 2: Annual %eport -riginal Eurisdiction #: Cases affecting ambassadors4 public ministers and consuls &: Petition for certiorari4 prohibition4 mandamus $: <uo warranto ,: Dabeas corpus Appellate Eurisdiction review4 revise4 reverse4 modify4 or affirm on appeal or certiorari as the %-C may provide final 5udgments and orders of lower courts in? #: All cases involving constitutionality!validity of any treaty4 international or e(ecutive agreements4 law4 P"4 proclamation4 order4 instruction ordinance or regulation is in @uestion .,
&: All cases involving legality of any ta(4 impost4 assessment or toll or any penalty imposed in relation thereto $: Eurisdiction of lower court is in issue ,: All criminal cases in which penalty imposed is %P or higher .: All cases in which only an error or @uestion of law is involved A "oes not include power of SC to review decisions of administrative bodies A Penalty is %P4 accused must appeal. -therwise4 5udgment of conviction will become final and e(ecutory A *f death4 7C shall forward records for automatic review A <uestion of Law? correct application of law or 5urisprudence to a certain set of facts) when the issue does not call for an e(amination of the probative value of the evidence4 the truth or falsehood of the facts being admitted. 7emporary Assignment of 5udges of LCs to other stations as public interest may re@uire -rder change of venue or place of trial4 to avoid miscarriage of 5ustice %uleA+a;ing Power A Promulgate rules? #: Protection and enforcement of constitutional rights &: Pleadings $: Practices ,: Procedure in all courts .: Admission to practice of law 3: Admission to 7 1: Legal assistance to underprivileged A Limitations? #: Simplified and ine(pensive procedure &: 6niform in all courts of the same grade $: Not diminish4 increase or modify substantive rights A *ntegrated ar StateAorganized bar to which each lawyer must belong -fficial unification of entire lawyer population4 where each lawyer is given the opportunity to do his share in carrying out the ob5ectives of the ar as
well as obliged to bear his portion of its responsibilities %e@uires membership and financial support of every atty as a condition sine @ua non to the practice Payment of dues is a necessary conse@uence of membership in the * P4 of which no one is e(empt Practice of law is a privilege and as such must bow to the inherent regulatory power if the SC A 8rit of Amparo? writ that may be issued by the courts4 based on the constitutional power of the SC to promulgate rules4 for the protection and enforcement of constitutional rights. A Congress cannot amend the %-C A %ules of procedure of special courts and @uasiA 5udicial bodies shall remain effective unless disapproved by the SC Power of Appointment A Appoint all officials and employees of the Eudiciary in accordance with Civil Service Law Power of Administrative Supervision A Administrative supervision over all courts and personnel A -mbudsman may not initiate or investigate a criminal or administrative complaint before his office against a 5udge4 he must first indorse the case to the SC A Administrative proceedings before the SC are confidential in nature. Annual %eport A Submit4 !it&in (: da)s rom opening o eac& reg%$ar session of Congress to the President and to Congress an annual report on the operations and activities of the Eudiciary. Consultations!"ecisions of SC #: Conclusions in any case submitted to it for decision shall be reached in consultation before the case is assigned to a member for the writing of the opinion of the Court. A certification to this effect signed by the CE shall be issued. A N!A to administrative cases A Applicable to lower collegiate bodies A >otes are e@ually divided and ma5ority is not obtained4 petition shall nbbe dismissed &: 7he decision shall state clearly and distinctly the facts and the law on which it is based. ..
A N!A to? #: +inute resolution dismissing a petition for DC4 certiorari and mandamus &: Administrative cases A "ecision need not be a complete recital of the evidence presented A 'actual and legal basis are clearly and distinctly set forth A *mperative that decision is not limited to dispositive part) must #: State nature of the case &: Summarize the facts w! reference to record $: Contain statement of applicable law and 5urisprudence ,: 7ribunalKs statement and conclusion of the case $: No petition for review or +% shall be refused due course or denied without stating the legal basis. 7enure of Eudges!Eustices A SC? Eustices may be removed only by impeachment Special Prosecutor has no authority to conduct an investigation on charges against a member of the SC4 in view of filing a criminal information. ecause if found guilty4 he will be removed from office violation of his security of tenure. A LC? Eudges shall hold office during =--" /DA>*-% until they reach the age of 1J or become *NCAPAC*7A7/" to discharge the duties of their offices. SC en banc shall have the power to discipline 5udges of LCs4 or order their dismissal by a vote of a ma5ority of the members who too; part in the deliberations and voted N-7/? only cases involving dismissal of 5udges of LCs are re@uired to be decided by the Court en banc. 'irst clause? declaration of grant of the disciplining power to and the determination of the procedure in the e(ercise by the Court en banc =rounds for the removal of a 5udicial officer should be established beyond reasonable doubt4 particularly where the charges on which removal is sought are misconduct in office4 willful neglect4 corruption4 incompetence4 etc. Eudges cannot be disciplined for every erroneous order or decision rendered in the absence of a clear showing of ill motive4 malice or bad faith.
7he absence of bad faith or malice will not totally e(culpate them from charges of incompetence and ignorance of the law when they render decisions that are totally bereft of factual and legal bases. A No law shall be passed reorganizing the Eudiciary when it undermines the security of tenure of its members.
A Court does not lose 5urisdiction despite the lapse of the mandatory period. 5I. CONSTITUTIONAL CO--ISSION *ndependent Constitutional Commission #. Civil Service Commission &. C-+/L/C $. Commission on Audit Safeguards *nsuring the *ndependence of the Commission #. constitutionally created4 and not be abolished by statute &. e(pressly described as BindependentC $. conferred certain powers and functions which cannot be reduced by statute ,. en5oy fiscal autonomy Bno report4 no releaseC policy may not be validly enforced against offices vested with fiscal autonomy. Automatic release of approved annual appropriations to a constitutional commission vested with fiscal autonomy should be construed to mean that no condition to fund releases to it may be imposed. Provision in Section $4 Article >***4 prohibiting the reduction in the appropriation for the Eudiciary below the amount appropriated for the previous year does not appear in Section .4 Article *PAAG. Congress is not prohibited from reducing the appropriations Constitutional Commissions below the amount appropriated for them for the previous year. .. promulgate its own procedural rules4 provided they do not diminish4 increase or modify substantive rights 9sub5ect to disapproval by the SC: 3. appoint their own officials and employees in accordance with Civil Service Law 1. Chairman and members removed only by impeachment 2. Chairman and members are given a fairly long term of 1 years 0. Chairman and members may not be reappointed or appointed in an acting capacity #J. salaries of Chairman and members are relatively high and may not be decreased during continuance in office .3
Salaries A 'i(ed by law A +ay not be decreased during their continuance in office A *mposition of income ta( on salaries of 5udges does not violate the constitutional prohibition against decrease in salaries Periods of "ecisions A All cases filed after the effectivity of the Constitution must be decided and resolved4 from date of submission &, months SC #& months lower collegiate courts $ months all other lower courts A 6nless in the & latter cases4 the period is reduced by the SC A Certification to be signed by the Chief Eustice!Presiding Eustice shall be issued stating the reason for delay A +ust not sacrifice for e(pediencyKs sa;e the fundamental re@uirements of due process A Bsin per5uicioC 5udgment without a statement of the facts in support of its conclusions4 to be later supplemented by the final 5udgment. A "esigned to prevent delay in the administration of 5ustice. A 'ailure to decide cases within the prescribed period is not e(cusable and constitute gross inefficiency which is a ground for administrative sanction against the defaulting 5udge. A Eudges who cannot comply with this mandate should as; for additional time4 e(plaining in their re@uest the reasons for the delay. A "espite e(piration of the mandatory period4 the court4 without pre5udice to such responsibility as may have been incurred in conse@uence thereof4 shall decide or resolve the case or matter submitted to it without further delay.
##. Chairman and members are sub5ect to certain dis@ualification calculated to strengthen their integrity *nhibitions!"is@ualifications #. not hold any other office or employment4 during tenure &. not engage in the practice of any profession $. not engage in the active management or control of any business which in any way may be affected by the functions of his office ,. not be financially interested4 directly or indirectly4 in any contract or in any franchise or privilege granted by the =overnment %otational Scheme of Appointments A 'irst appointees serve terms of 14 . and $ years. A After the first commissioners are appointed4 the rotational scheme is intended to prevent the possibility of one President appointing all the Commissioners. A %otational plan re@uires? #. terms of the first commissioners should start on a common date &. any vacancy due to death4 resignation or disability before the e(piration of the term should only be filled for the une(pired balance of the term. "ecisions #. /ach Commission shall decide by a ma5ority vote of all its members any case or matter brought before it w!in 3J days from the date of its submission for decision or resolution. A +a5ority vote of ALL members and not only of those who participated in the deliberations and voted thereon. A %etired prior to promulgation of decision votes should be considered withdrawn4 as if they had not signed the resolution) only the votes of the remaining commissioners shall be counted. A 7reat the procedural re@uirements on deadlines realistically. &. Aggrieved party may bring the decision to the SC on certiorari w!in $J days from receipt of copy A 8hen Court reviews a decision of the C-+/L/C4 the Court e(ercises e(traordinary 5urisdiction) thus the proceeding is limited to issues involving grave abuse of discretion resulting in lac; .1
or e(cess of 5urisdiction and does not ordinarily empower the Court to review factual findings. A Certiorari under %3. is the appropriate remedy. A Eudgment of the C-A are not reviewable by ordinary writ of error or appeal by certiorari to the SC. -nly when C-A acts without or in e(cess of 5urisdiction4 or with =A" amounting to lac; or e(cess of 5urisdiction4 may this court entertain a petition for certiorari under %3.. A "ecisions of the CSC shall be appealable by certiorari to the CA w!in #. days from receipt of a copy. 'rom the decision of the CA4 the party adversely affected thereby shall file a petition for review on certiorari under %,.. /nforcement of "ecision A 'inal decision of the CSC are enforceable by writ of e(ecution which CSC may itself issue. C*>*L S/%>*C/ C-++*SS*-N Composition A Chairman A & Commissioners <ualifications #. NaturalAborn &. at the time of the appointment at least $. years old $. proven capacity for public administration ,. not have been candidates for any elective position in the election immediately preceding their appointment 7erm A Appointed by the President with the consent of the Commission on Appointments A 7erm of 1 years4 without reappointment A *n no case shall any member be appointed or designated in temporary or acting capacity. Constitutional -b5ective!'unction #. central personnel agency of the =overnment &. establish a career service $. adopt measures to promote morale4 efficiency4 integrity4 responsiveness4 progressiveness and courtesy in the civil service ,. strengthen merit and reward system
.. integrate all human resources development programs for all levels and ran;s 3. institutionalize a management climate conducive to public accountability A =ranting civil service eligibility to employees under provisional or temporary status who have rendered 1 years of efficient service is "*SC%/7*-NA%O on the CSC and may not be compelled by mandamus to issue such eligibility. A CSC cannot validly abolish Career /(ecutive Service oard A Power to hear and decide administrative cases instituted before it directly or on appeal4 including contested appointments. A Power to recall an appointment initially approved in disregard of the applicable provisions of the Civil Service law and regulations. A -riginal 5urisdiction to hear and decide a complaint for cheating in the CS e(aminations by a government employee. A "ecisions of lower level officials in cases involving personnel actions be appealed to the agency head then to the CSC. 9not %7C: A CSC does not have appellate 5urisdiction over a case of separation from government service under Section &4 Article ** of the Provisional Constitution. Scope of the CS A /mbrace ALL branches4 subdivisions4 instrumentalities and agencies of the =overnment4 including =-CCs with original charter A Bwith original charterC refers to corporation chartered by special law as distinguished from corporations organized under the Corporation Code A *ncludes? #. /conomic *ntelligence and *nformation ureau &. Eose +. %odriguez Dospital $. Philippine National %ed Cross ,. 6P .. +orong 8ater "istrict A N!A? #. National Dousing Corporation Classes of Service #. Career Service a. "escription A /ntrance based on merit and fitness4 as far as practicable by competitive e(aminations .2
A -r based on highly and technical @ualifications A -pportunity for advancement to higher career positions A Security of tenure b. *ncludes? #: -pen Career Service A Prior @ualification in an appropriate e(amination is re@uired &: Closed Career Service A Scientific or highly technical $: Career /(ecutive Service A 6ndersecretaries4 bureau directors4 etc. ,: Positions in the Armed 'orces of the Philippines A =overned by a different merit system .: Career -fficers A -ther than those belonging to Career /(ecutive Service4 appointed by President4 e.g. foreign service 3: Personnel of =-CC w! original charters 1: Permanent laborers 9s;illed4 semiAs;illed or uns;illed: c. *ncumbents of positions which are declared to be C/S positions for the first time who hold permanent appointments shall remain under permanent status in their position. 6pon promotion or transfer to other C/S positions4 these incumbents shall be under temporary status in said other C/S positions until @ualify4 d. +ere fact that a position belongs to the C/S does not automatically confer security of tenure on the applicant. Such right will have to depend on the nature of his appointment which depends on his eligibility or lac; of it. e. A person who does not have the re@uisite @ualifications for the position cannot be appointed. A /(ception? acting capacity in the absence of appropriate eligibles. f. Security of 7enure in the C/S pertains only to %ANL and not to the office or the position to which they may be appointed. #: Career e(ecutive service eligibility &: Appointment to the appropriate career e(ecutive service ran; &. NonACareer Service a. "escription A /ntrance on bases other than those of the usual tests utilized for the career service A 7enure #: limited to a period specified by law or
&: which is coAterminous with that of the appointing authority or $: sub5ect of his pleasure or ,: which is limited to the duration of a particular pro5ect for which purpose the employment was made. b. *ncludes? #: /lective officials4 personal and confidential staff &: "epartment Deads and officials of Cabinet ran; who holds office at the pleasure of the President4 personal and confidential staff $: Chairmen and members of commissions!boards w! fi(ed terms of office4 personal and confidential staff ,: Contractual personnel! those whose employment in government is in accordance with a special contract to underta;e a specific wor; or 5ob re@uiring special or technical s;ills not available in employing agency4 to be accomplished within a period not e(ceeding # year4 under his own responsibility4 with minimum direction and supervision .: /mergency and seasonal personnel A 6nder Administrative Code4 the CSC is e(pressly empowered to declare positions in the CS as primarily confidential. A /numeration in the Civil Service decree4 which defined the nonAcareer service is not an e(clusive list Appointments in Civil Service A According to merit and fitness to be determined4 as far as practicable by competitive e(amination A /(cept to positions which are? #: PolicyAdetermining &: Primarily confidential or $: Dighly technical A Principles #: Classification of a particular position as policyA determining4 primarily confidential or highly technical amounts to no more than an e(ecutive or legislative declaration that is not conclusive upon the courts4 the true test being the nature of the position &: 7he e(emption provided pertains only to e(emption from competitive e(amination to determine merit and fitness to enter the civil service .0
A /(empt from competitive e(amination to determine merit and fitness? #: PolicyAdetermining -fficer lays down principal or fundamental guidelines or rules /.g. department head &: Primarily confidential Not only confidence in the aptitude if the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayal on confidential matters of state NA76%/ of the position which determined whether a position is primarily confidential4 policyA determining or highly technical Bpro(imity ruleC can be considered as confidential employee if the predominant reason why he was chosen by the appointing authority was the latterKs belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion without fear of embarrassment or misgivings of possible betrayals of personal trust or confidential matters of the State. 8here the position occupied is remote from that of the appointing authority4 the element of trust between them is no longer predominant4 and cannot be classified as primarily confidential. $: Dighly technical re@uires possession of technical s;ill in a superior degree. "iscretion of the Appointing Authority 8here the appointee possesses the minimum @ualification re@uirements prescribed by law for the position4 the appointing authority has discretion who to appoint. /ven if officers and employees in the career service of the Civil Service en5oy preference in the promotion4 it is not mandatory that the vacancy be filled by promotion. "iscretion of the appointing authority is not only in the choice of the person who is to be appointed4 but also in the nature or character of the appointment issued. CSC cannot convert temporary appointment to a permanent one arrogation of power belonging to appointing authority.
+ay approve as merely temporary an appointment intended to be permanent when the appointee does not possess the re@uisite eligibility and the e(igency of the service demands that the position be filled even in a temporary capacity. %ole of the CSC Chec; if the appointee possesses the @ualifications and appropriate eligibility) if he does4 appointment is approved) if he doesnKt4 appointment is disapproved. Selection or placement is made through the Placement Committee4 the members of which are the representatives of the head of the agency as well as representatives of the employees. Said CommitteeKs wor; is merely recommendatory. Appointment should be submitted to the CSC w!in $J days from issuance) otherwise4 it shall be ineffective. CSC +emorandum Circular only the appointing authority has the right to challenge the CSCKs disapproval of an appointment. Abella4 Er. vs. CSC both the appointing authority and the appointee are the real parties in interest and both have legal standing Challenge to the appointing authorityKs discretion 8hile appointee has no vested right to the position4 it was his elgibility that was being @uestioned) he has a personal sta;e in the outcome "is@ualifications #: Lost in any election within # year preceding the appointment &: /lective official during tenure $: Appointive official4 e(cept when allowed by law or the primary functions of his position /(Aofficio capacity Security of 7enure A %emoved and suspended for case provided by law. A =round4 procedure for investigation and the discipline of career service officers and //s Career Service Law) NonAcompliance constitutes denial of the right to security of tenure A Presidential appointee direct disciplinary authority of the President 3J
A %eassignment does not offend the constitutional guarantee A %einstatement deemed not to have left his office) entitled to payment of bac; salaries4 notwithstanding silence. Payment of bac; wages during the period of suspension of a civil servant who is subse@uently reinstated is proper only if he is found innocent of the charges and the suspension is un5ustified. 67 where the reinstatement is ordered not as a result of e(oneration but merely as an act of liberality4 the claim for bac; wages was not allowed. *t follows the general rule that the public official is not entitled to compensation if he has not rendered any service. A >alid abolition of office does not violate the constitutional guarantee of security of tenure. A %-C4 career service officer or employee who has been unlawfully ousted from his office has # year within which to file an action in court to recover office. /(ception? Cristobal vs. +elchot grounds of e@uity A Appellate 5urisdiction of the CSC only over +erit System Protection oardKs decisions in administrative disciplinary cases involving the imposition of the penalty of suspension4 fine4 demotion in ran; or salary4 transfer4 removal4 dismissal from office not over +SP decision e(onerating the accused. -nly by the party adversely affected 9Not /%:. A De who4 while occupying one office4 accepts another incompatible with the first4 ipso facto vacates the first office and his title thereto is thereby terminated without any other act of proceeding. Canonizado vs. Aguirre? accepted another position while case @uestioning the law that removed him from his first position was still pending. Partisan Political Activity no officer or employee in the civil service shall engage4 directly or indirectly4 in any electioneering or partisan political campaign /(cept to vote "oes not prevent e(pression of views regarding political problems or mention the names of the public officers he supports
Applicable to military establishments only to those in the active military service4 not to reservists /(emptions? #. members of the Cabinet &. public officers and employees holding political offices 7he above & are allowed to ta;e part in political and electoral activities4 e(cept to solicit contributions from their subordinates or commit acts prohibited under the /lection Code. 7he right to SelfAorganization shall not be denied to government employees +ay not engage in stri;es to demand changes in the terms and conditions of employment because such are provided for by law. 7emporary employees of the =overnment shall be given such protection as may be provided by law. Standardization of Compensation Provided for by Congress 9and also @ualification re@uired fir their positions: "ouble Compensation No elective or appointive public officer or employee shall receive additional4 double or indirect compensation4 6NL/SS specifically authorized by law4 Nor accept without the consent of Congress4 any present4 emoluments office or title of any ;ind from any foreign government. Pensions and gratuities shall not be considered as additional4 double or indirect compensation. %etiree can continue to receive such pension!gratuity even after he accepts another government position to which another compensation is attached. -ath of Allegiance shall ta;e an oath or affirmation to uphold and defend this Constitution C-++*SS*-N -N /L/C7*-NS Composition A Chairman A 3 Commissioners 3#
<ualifications #. NaturalAborn &. at the time of the appointment at least $. years old $. holder of a college decree ,. not have been candidates in the immediately preceding election .. ma5ority4 including the chairman4 must be member of the Philippine ar who have been engaged in the practice of law for at least #J years. 7erm A Appointed by the President with the consent of the Commission on Appointments A 7erm of 1 years4 without reappointment A *n no case shall any member be appointed or designated in temporary or acting capacity. /n anc and "ivision cases *t may sit en banc of in & division4 and shall promulgate its rules of procedure in order to e(pedite disposition of cases4 including preA proclamation controversies. All such election cases shall be heard and decided in division4 provided that motions for reconsideration of decisions shall be decided en banc. Cases which must first be heard and decided in division #. all election cases4 including preAproclamation contests4 originally cognizable by the Commission &. cancel certificate of candidacy $. cases appealed from the %7C or +7C 9SC may motu proprio consider @uestion of 5urisdiction: ,. petition for certiorari filed with C-+/L/C from a decision of the %7C or +7C /(ceptions? #. error in tabulation results or tallying of results by the oard of Canvassers4 merely clerical in nature 9petition for correction of manifest errors in the Statement of >otes: &. prosecution cases involving violation of election laws 7he rule that all election cases shall be heard and decided in division applies only when the C-+/L/C e(ercises its ad5udicatory powers or @uasiA5udicial functions4 not when it e(ercises purely administrative functions.
C-+/L/C decisions reviewable by the SC #. decisions of C-+/L/C en banc4 on certiorari &. only decision of C-+/L/C in the e(ercise of its ad5udicatory or @uasiA5udicial power may be brought to SC on certiorari if merely administrative in character ordinary civil action before trial courts C-+/L/C en banc shall promulgate rules concerning pleadings and practice before it or before any of its offices4 but they must not diminish4 increase or modify substantive rights sub5ect to the rule that rules of procedure of special courts and @uasiA5udicial bodies shall remain effective unless disapproved by the SC rules on civpro regarding demurrer to evidence cannot apply to election cases4 even by analogy in suppletory character. Authority to suspend reglamentary periods provided by its rules4 or the re@uirement of N'S4 in the interest of 5ustice and speedy resolution of cases. *t is not constrained to dismiss a case on the ground of nonApayment of filing fees. 'ingerprinting of chairman and members of the oard of /lection *nspectors is an internal matter and may be done even without prior notice. Constitutional Powers and 'unctions #: /nforce and administer all laws and regulations relative to the conduct of an election4 plebiscite4 initiative4 referendum or recall &: /(clusive original 5urisdiction a. All contests relating to the elections4 returns and @ualifications of all elective regional4 provincial and city officials. /(clusive appellate 5urisdiction b. All contests involving elective municipal officials decide by %7C c. /lective barangay officials decided by +7C $: "ecide all @uestions relating to elections "etermination of the number and location of polling places Appointment of election officials and inspectors %egistration of voters /PC/P7? right to vote ,: "eputize law enforcement agencies and instrumentalities for the e(clusive purpose of 3&
ensuring free4 orderly 4 honest and peaceful and credible elections4 with concurrence of President .: Accredit CitizenKs Arm and %egister political parties4 coalitions or organizations After sufficient publication Present platform!program of government 3: 'ile petition in court for the inclusion!e(clusion of voters4 upon verified complaint or in its own initiative) investigate and!or prosecute cases for violations of election laws 1: %ecommend to Congress effective measures to minimize election spending4 limitation of places where propaganda materials shall be posted and to prevent and penalize all forms of election frauds4 offenses4 malpractice and nuisance candidates 2: Submit to the President and Congress a comprehensive report on the conduct of each election4 plebiscite initiative4 referendum or recall En orce and administer a$$ $a!s and reg%$ations re$ati#e to t&e cond%ct o an e$ection1 p$ebiscite1 initiati#e1 re erend%m or reca$$ *nitiative? power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. %eferendum? power of the electorate to approve or re5ect legislation through an election called for the purpose %ecall? termination of official relationship of a local elective official for loss of confidence prior to the e(piration of his term through the will of the electorate Plebiscite? submission of constitutional amendments or important legislative measures to the people for ratification. #: road powers promulgate rules and regulations in the enforcement of laws relative to elections /nforcement of provisions of the -mnibus /lection Code e(clusive 5urisdiction of the C-+/L/C *ncludes the ascertainment of the identity of a political party and its legitimate officers "oes not authorize the C-+/L/C4 motu proprio4 without the proper proceedings4 to deny due course to cancel a certificate of candidacy filed in due form.
/lection and contests involving election of Sangguniang Labataan elections do N-7 fall within 5urisdiction of the C-+/L/C "*L= Authority to annul results of plebiscite 9through preAproclamation case of revision of ballots: &: %egulatory power over media of transportation4 communication and information to ensure e@ual opportunity4 time4 space4 right to reply4 etc. during election period e(ercised only over the media4 not over practitioners of media $: No pardon4 amnesty4 parole4 etc4 for violation of election laws shall be granted by the President without its favorable recommendation ,: C-+/L/C cannot e(ercise power of apportionment .: Power to declare failure of election 7he election in any polling place has not been held on the date fi(ed on account of force ma5eure4 violence4 terrorism4 fraud or other analogous case 7he election in any polling place has been suspended before the hour fi(ed by law for the closing of the voting on account of force ma5eure4 violence4 terrorism4 fraud or other analogous case After the voting and during the preparation and transmission of the election returns or in custody or canvas4 such election results in a failure to elect on account of force ma5eure4 violence4 terrorism4 fraud or other analogous case. Petition must show4 on its face #: No voting has ta;en place in the precint on the sate fi(ed by law or even if there was voting4 the result nevertheless results in a failure to elect &: >otes not cast would affect the result of the election 3: Not authorized to ma;e an unofficial @uic; count of presidential election results
@uestion involving the composition and proceedings of the oard of Canvassers: /7 over a member only after proclamation C-+/L/C without the power to partially!totally annul a proclamation or to suspend the effects of a proclamation without notice and hearing violation of due process clause Power to issue writs of prohibition4 certiorari4 etc. *n the e(ercise of its e(clusive appellate 5urisdiction E7c$%si#e appe$$ate 8%risdiction A$$ contests in#o$#ing e$ecti#e m%nicipa$ o icia$s decide b) RTC E$ecti#e baranga) o icia$s decided b) -TC "ecisions shall be final4 e(ecutory and unappealable Appeal to the C-+/L/C from %7C must be filed within . days from receipt of a copy of the decision. +% of %7C decision is a prohibited pleading and does not interrupt running of period for appeal. +ere filing of notice of appeal is not sufficient4 must be accompanied by payment of correct amount of appeal fee. Permissive C-+/L/C may give due course4 and the subse@uent payment cures the procedural defect. /(ecution Pending Appeal C-+/L/C cannot deprive %7C of its competence to order the e(ecution of 5udgment pending appeal4 because the mere filing of an appeal does not divest the 7C of its 5urisdiction over a case. 'actors? #: Public interest involved or will of the electorate &: Shortness of the remaining portion of the term $: Length of time that the election contest has been pending Strictly construed against the movant being an e(ception to the general rule. 'iled before e(piration of the period for appeal. Eudgments which may be e(ecuted pending appeal need not only be those rendered by the 7C4 but by the C-+/L/C as well. 3$
E7c$%si#e origina$ 8%risdiction A$$ contests re$ating to t&e e$ections1 ret%rns and 3%a$i ications o a$$ e$ecti#e regiona$1 pro#incia$ and cit) o icia$s. /(clusive 5urisdiction over preAproclamation cases Possible conflict with D%!S /7 foreclosed by Section #.4 %A 1#33 prohibits preAproclamation controversies in national offices 9/PC/P7 on
"ecide all @uestions relating to elections As an incident to its duties concerning registration of voters4 it may decide a @uestion involving the right to vote4 but decision shall be sub5ect to 5udicial review. /(ercising purely administrative power may not punish for contempt "eputize law enforcement agencies and instrumentalities for the e(clusive purpose of ensuring free4 orderly4 honest and peaceful and credible elections4 with concurrence of President +ay recommend to the President the removal of any officer it has deputized4 or the imposition of any other sanction for disobedience4 violation or disregard of its orders. Accredit CitizenKs Arm and %egister political parties4 coalitions or organizations Authority to promulgate the necessary rules to enforce and administer all election laws includes the determination of appropriate periods for the accomplishment of preAelection acts4 e.g. filing petitions for registration under the partyAlist system. 'ile petition in court for the inclusion!e(clusion of voters4 upon verified complaint or in its own initiative) investigate and!or prosecute cases for violations of election laws 'inding of probable cause in the prosecution of election offenses rests in the C-+/L/CKs sound discretion *ncludes the authority to decide whether or not to appeal the dismissal of a case by the 7C. %ecommend to Congress effective measures to minimize election spending4 limitation of places where propaganda materials shall be posted and to prevent and penalize all forms of election frauds4 offenses4 malpractice and nuisance candidates Submit to the President and Congress a comprehensive report on the conduct of each election4 plebiscite initiative4 referendum or recall Statutory Powers of the C-+/L/C 3,
#: /(ercise supervision and control over official re@uired to perform duties relative to the conduct of elections &: Promulgate rules and regulations $: Punish contempt ,: *n@uire into financial records of candidates4 groups4 etc. .: Prescribe forms to be used in elections 3: Procure supplies and materials needed for elections 1: /nlist nonApartisan groups to assist it 2: 'i( periods for preAelection re@uirements 0: Power to declare failure of election) call for special election #J: /(clusive original 5urisdiction over all preA proclamation cases Power to declare failure of election) call for special election Sitting en banc and by a ma5ority vote of its members +otu proprio or upon a verified petition Dearing of the case shall be summary in nature Petition to declare a failure of election is neither an election protest nor a preAproclamation controversy >alidity of an election4 it is essential that the voters have notice in some form4 either actual or constructive4 of the time4 place and purpose. 7ime must be authoritatively designated in advance Stricter in cases of special election4 at least there must be substantial compliance *n fi(ing date of special election? #: Should not be later than $J days after the cessation of the cause of the postponement or suspension of the election or failure to elect Not absolute) directory %esidual powers to conduct special elections even beyond the deadline prescribed &: %easonably close to the date of the election not held4 suspended4 or which resulted in failure No law which provides for a reglementary period within which to file a petition for the annulment of an election if there has been no proclamation yet
Legally remain in office in BholdAoverC capacity until successors have been elected and @ualified 9L=C limits term of barangay officials to $ years: /(clusive original 5urisdiction over all preA proclamation cases =%? C-+/L/C restricted4 in oreAproclamation cases4 to an e(amination of the election returns on their face and is without 5urisdiction to go beyond them and investigate election irregularities. /(ception? dutyAbound to investigate allegations of fraud4 terrorism4 violence and other analogous cases in an action for annulment of election results or for a declaration of failure of elections. 9may conduct technical e(amination of election documents and analyze signatures and fingerprints in order to determine whether the election has been free4 honest and clean: PartyASystem A a free and open partyAsystem shall be allowed to evolve according to the free choice of the people >otes cast in favor of political party4 organization or collation that are %/=*S7/%/". /ntitled to appoint poll watchers in accordance with law. /lection Period Commence 0J days before the day of the election and shall end $J days thereafter /(ception? period fi(ed by C-+/L/C in special cases Eudicial %eview of C-+/L/C "ecisions Petition for certiorari 9%3.: 'iled with SC w!in $J days from receipt of decision of C-+/L/C en banc C-++*SS*-N -N A6"*7 Composition A Chairman A & Commissioners <ualifications #. NaturalAborn &. at least $. years old 3.
$. CPAs with not less than #J years of auditing e(perience -% members of the Philippine ar with at least #J years practice of law ,. not have been candidates in the election immediately preceding the appointment .. no time shall ALL members belong to the same profession 7erm A Appointed by the President with the consent of the Commission on Appointments A 7erm of 1 years4 without reappointment Powers and "uties #. /(amine4 audit and settle all accounts pertaining to the revenue and receipts of4 and e(penditures or uses of funds and property owned or held in trust or pertaining to the =overnment &. Leep the general accounts of =overnment and preserve vouchers and supporting papers for such period as provided by law $. authority to define the scope of its audit and e(amination4 establish techni@ues and methods re@uired therefore ,. Promulgate accounting and auditing rules and regulations4 including those for the prevention and disallowance of irregular4 unnecessary4 e(pensive4 e(travagant or unconscionable e(penditures or uses of government funds or property /(amine4 audit and settle all accounts pertaining to the revenue and receipts of4 and e(penditures or uses of funds and property owned or held in trust or pertaining to the =overnment PostAaudit basis #. Constitutional Commissions and bodies!offices granted fiscal autonomy &. autonomous state colleges and universities $. =-CCs and subsidiaries with or without original charter ,. NonAgovernmental entities receiving subsidy or e@uity 7emporary or special preAaudit "uty to pass in audit a salary voucher is discretionary /(ception? authority of Auditor =eneral is limited to auditing 9whether #: there is a law appropriating funds for a given purpose4 &: goods or services have been delivered4 $: payment has been
authorized: presence of all4 duty to pass a voucher in audit becomes +*N*S7/%*AL. C-A may validly veto appropriations which violated rules on unnecessary4 irregular or unconscionable e(penses4 under #021 Constitution. Leep the general accounts of =overnment and preserve vouchers and supporting papers for such period as provided by law Authority to define the scope of its audit and e(amination4 establish techni@ues and methods re@uired therefore /PCL6S*>/ #. Power to define the scope of its audit &. Promulgate auditing rules and regulations $. Power to disallow unnecessary e(penditures N-7 /(clusive power to e(amine and audit Promulgate accounting and auditing rules and regulations4 including those for the prevention and disallowance of irregular4 unnecessary4 e(pensive4 e(travagant or unconscionable e(penditures or uses of government funds or property C-A may stop the payment of the price stipulated in the government contracts when found to be irregular4 e(travagant or unconscionable. +ay prohibit the use of government vehicle by officials who are provided with transportation allowance. Eurisdiction of the Commission No law shall be passed e(empting any entity of =overnment or any investment of public funds from the 5urisdiction of the Commission on Audit 8ater districts are sub5ect to 5urisdiction of C-A Authority to investigate whether directors!officials!employees of =-CCs4 receiving additional allowances and bonuses are entitled to such. 'ailure of bidding? #. only one offeror &. all the offers are nonAcomplying or unacceptable does not spea; of accepted bids but of offerors4 without disctinction as to whether they are @ualified or not. 5II. LOCAL GO*ERN-ENT 33
5III. ACCOUNTA/ILIT6 O++ICERS
O+
PU/LIC
Statement of Policy Public office is a public trust. Public officers and employees must at all times be accountable to the people4 Serve them with utmost responsibility4 integrity4 loyalty and efficiency4 Act with patriotism and 5ustice And lead modest lives. *mpeachment National in@uest into the conduct of public men *mpeachable -fficers #. President &. >ice President $. Chief Eustice ,. Associate Eustices of SC .. Chairmen and +embers of ConCom 3. -mbudsman S enumeration is e(clusive *mpeachable officer who is a member of the Philippine ar cannot be disbarred without first being impeached. =rounds? #. Culpable violation of the constitution &. treason $. bribery ,. graft and corruption .. other high crimes 3. betrayal of public trust S enumeration is e(clusive Procedure for *mpeachment Congress shall promulgate its rules #. *nitiating *mpeachment Case Douse of %epresentative shall have the e(clusive power to initiate all cases of impeachment. "eemed initiated when the complaint 9with accompanying resolution of indorsement: has been filed with the Douse of %epresentatives and referred to the appropriate Committee. *nitiated by #. any +ember of the Douse of %epresentatives -% &. by any citizen upon a resolution of endorsement by any +ember
*ncluded in the order of business w!in #J session days and referred to the proper Committee w!in $ session days. *f the verified complaint is filed by at least #!$ of all the members of the Douse4 the same shall constitute the Articles of *mpeachment and the trial by Senate shall forthwith proceed 9no need to refer the same to the proper Committee: 7he Committee4 after hearing4 and by a ma5ority vote of all its members4 shall submit its report to the Douse w!in 3J session days A vote of at least #!$ of all the members of the Douse shall be necessary to affirm a favorable resolution with the Articles of *mpeachment of the Committee4 or override its contrary resolution. 7he vote of each member shall be recorded. &. Limitations on initiating *mpeachment Case Not more than once within a period of # year against the same official. $. 7rial and "ecision 7he Senate shall have the sole power to try and decide all cases of impeachment. 7he Senators shall be on oath or affirmation. President is on trial4 the Chief Eustice of the SC shall preside4 but shall not vote. A decision of conviction must be concurred in by at least &!$ of all members of the Senate. ,. /ffect of Conviction %emoval from office and dis@ualification to hold office. Party convicted shall be liable and sub5ect to prosecution4 trial and punishment according to law.
7D/ SAN"*=AN AOAN AntiAgraft court Composition # Presiding Eustice 2 Associate Eustices 8ith the ran; of the Eustice of the CA Sits in $ divisions of $ members each Eurisdiction 'ollowing must concur? #. violation of %A $J#04 %A #$104 Chapter & Section & 7itle 1 oo; ** of %PC4 /os #4 &4 #, and #,AA or other offenses of felonies whether simple or comple(ed with other crimes) 31
&. offender is public official or employees holding any of the positions enumerated in par a Sec , %A 2&,0) and $. offenses committed in relation to the office -nly instance when Sandiganbayan may e(ercise 5urisdiction over a private individual is when the complaint charges him either as a coA principal4 accomplice or accessory of a public officer who has been charged with a crime within the 5urisdiction of the Sandiganbayan. 8hether or not the Sandiganbayan or the %7C has 5urisdiction shall be determined by the allegations in the information specifically on whether or not the acts complained of were committed in relation to the official functions of the accused. %e@uired that the charge be set forth with particularity as will reasonable indicate that the e(act offense which the accused is alleged to have committed is one in relation to his office. %amification of Section 14 %A 2&,0 #. if the trial of the cases pending before whatever court has already begun as of the approval of %A 2&,04 the law does not apply) &. if trial of cases pending before whatever court has not begun as of the approval of %A 2&,04 then the law applies and the rules are? a. if S has 5urisdiction over a case pending before it4 then it retains 5urisdiction b. if S has no 5urisdiction over a case pending before it4 case shall be referred to the regular courts c. if S has 5urisdiction over a case pending before a regular court4 the latter loses 5urisdiction and the same shall be referred to the Sandiganbayan d. if a regular court has 5urisdiction over a case pending before it4 then said court retains 5urisdiction "ecision!%eview 6nanimous vote of all $ members re@uired for the pronouncement of 5udgment by a division. "ecisions of the Sandiganbayan shall be reviewable by the SC on petition for certiorari +andatory for the Sandiganbayan to suspend any public officer against whom a valid information charging violation of that law4 or any offense involving fraud upon the government or public funds or property is filed. 9%A $J#0:
7he appellate 5urisdiction of the SC over decisions and final orders of the Sandiganbayan is limited to @uestions of law.
7D/ -+ 6"S+AN 7anodbayan Composition -ne overall "eputy At least one deputy for Luzon4 >isayas and +indanao Separate deputy for the military establishment may li;ewise be appointed <ualifications #: NaturalAborn &: At least ,J years of age $: %ecognized probity and independence ,: +embers of the Philippines ar .: +ust not have been candidates for any elective office in the immediately preceding election 3: -mbudsman must have been a 5udge or engaged in the practice of law for #J years or more Appointment of the -mbudsman and his "eputies y President 'rom a list of 3 nominees prepared by the Eudicial and ar Council 'rom a list of $ nominees for every vacancy) all vacancies must be filled in $ months. 7erm of -ffice 1 years without reappointment %an; and Salary %an; of Chairman and +embers of the ConCom %eceive the same salary which shall not be decreased during their term of office 'iscal Autonomy "is@ualifications!*nhibitions "uring their tenure shall? #: Not hold any other office or employment &: Not engage in the practice of any profession or in the active management or control of any business which may in any way be affected by the functions of his office 32
$: Not be financially interested4 directly or indirectly4 in any contract with4 or in any franchise or privilege granted by the =overnment ,: Not be @ualified to run for any office in the election immediately succeeding their cessation from office Powers and "uties 5urisdiction of the -mbudsman over governmentAowned or controlled corporations4 $ %e@uisites? #: agency organized as a stoc; or nonAstoc; corporation &: vested with functions relating to public needs4 whether government or proprietary $: owned by the =overnment directly or through its instrumentalities4 either wholly or4 where applicable as in the case of stoc; corporations4 to the e(tent of at least .#H of capital stoc; Special Prosecutor may prosecute before the Sandiganbayan 5udges accused of graft and corruption4 even if they come under the administrative supervision of the SC. 7anodbayan could review and reverse the findings of the City 'iscal and order him to withdraw certain charges4 inasmuch as the PresidentKs power of control is e(ercised not by the Secretary of Eustice but by the 7anodbayan because the offense!s charged were allegedly committed by a public functionary in connection with his office. 'or purposes of initiating a preliminary investigation before the -ffice of the -mbudsman4 a complaint Bin any form or mannerC is sufficient. -mbudsman or his deputy is authorized to preventively suspend any officer or employee under his authority pending an investigation irrespective of whether such officer or employee is employed in the -ffice of the -mbudsman or in any other government agency. 8hether evidence of guilt is strong to warrant preventive suspension is left to the determination of the -mbudsman. 7here is no need for preliminary hearing. Congress can4 by statute4 prescribe other powers4 functions and duties to the -mbudsman. De may utilize the personnel of his office to assist in the investigation of the cases4 the -mbudsman may refer cases involving nonAmilitary
personnel for investigation by the "eputy -mbudsman for +ilitary Affairs. Power to cite for contempt) e(ercised by the -mbudsman while conducting preliminary investigation because preliminary investigation is an e(ercise of @uasiA5udicial functions. Appeals shall be made to the CA in accordance with %,$. Bany illegal act or omission of any public officialC is broad enough to embrace any crime committed by a public official or employee. Power of the -mbudsman to investigate and to prosecute4 as granted by law4 is plenary and un@ualified. 7he authority of the -mbudsman to investigate is not an e(clusive authority4 but rather a shared or concurrent authority with the "epartment of Eustice Panel of *nvestigators4 Bin respect of the offense chargedC *t is not for the court to review the -mbudsmanKs paramount decision in prosecuting or dismissing a complaint filed before his office. /(ception? grave abuse of discretion on the part of the -mbudsman in either prosecuting or dismissing a case before it is evident. Case law holds that the Court is loathe to interfere with the e(ercise by the -mbudsman of its powers. 8hile the -ffice of the -mbudsman has the discretion to determine whether an information should be withdrawn and a criminal case should be dismissed4 and to move for the withdrawal of such information or dismissal of a criminal case4 the final disposition of the said motion and of the case is addressed to the sound discretion of the Sandiganbayan4 sub5ect only to the caveat that the action of the Sandiganbayan must not impair the substantial rights of the accused and the right of the people t due process of law. %A #,J. 9Law on Secrecy of an; "eposit: before an in camera inspection of ban; accounts may be allowed? #: there must be a pending case before a court of competent 5urisdiction &: account must be clearly identified $: inspection limited to the sub5ect matter of the pending case before the court ,: ban; personnel and account holder must be notified to be present during the inspection 30
.: inspection may cover only the account identified in the pending case investigation being done by the -mbudsman is N-7 one before a court of competent 5urisdiction -mbudsman has no authority to directly dismiss a public officer from government service Can only recommend to the officer concerned the removal of a public officer or employee found to be administratively liable D-8/>/% the refusal4 without 5ust cause4 of any officer to comply with such an order of the -mbudsman to penalize an erring officer or employee is a ground for disciplinary action. Special Prosecutor /(isting 7anodbayan 9at the time of the adoption of the #021 Constitution: shall be ;nown as the Special Prosecutor. *t shall continue to function and e(ercise its powers as now or hereafter provided by law4 e(cept those conferred to the -ffice of the -mbudsman. *llAgotten 8ealth %ight of the State to recover properties unlawfully ac@uired by public officials or employees4 from them or from their nominees or transferees4 shall not be barred by prescription4 laches or estoppel. Applies only to civil actions for recovery of illA gotten wealth and not to criminal cases. %estriction on Loans No loan4 guaranty or other form of financial accommodation for any business purpose may be granted directly or indirectly by any government owned or controlled ban; or financial institution to 9during their tenure:? #: President &: >P $: +embers of the Cabinet ,: Congress .: SC 3: ConCom 1: -mbudsman 2: Any firm or entity in which they have controlling interest Statement of Assets4 Liabilities and Net 8orth
A public officer or employee shall4 upon assumption of office and as often as may be re@uired by law4 submit a declaration under oath of his assets4 liabilities and net worth. "eclaration shall be disclosed to the public in the manner provided by law in case of? #: President &: >P $: +embers of the Cabinet ,: Congress .: SC 3: ConCom 1: -ther constitutional offices 2: -fficers of the armed forces of general or flag ran; Allegiance to the State and to the Constitution Any public officer or employee who see;s to change his citizenship or ac@uire the status of an immigrant of another country during his tenure shall be dealt with by law. 5I*. NATIONAL PATRI-ON6 ECONO-6 AN,
=oals #. e@uitable distribution of opportunities4 income and wealth &. sustained increase in amount of goods and services4 produced by the nation for the benefit of the people $. e(panding productions as the ;ey to raising the @uality of life 'or attainment of these goals4 the State shall? Promote industrialization and full employment based on sound agricultural development and agrarian reform4 through industries that ma;e full and efficient use of human and natural resources and which are competitive in both domestic and foreign mar;ets. State shall protect 'ilipino enterprises from unfair competition and trade practices. Natural %esources All lands of public domain4 waters4 mineral4 coal4 petroleum and other mineral oils4 all forces of potential energy4 fisheries4 forests or timber4 1J
wildlife4 flora and fauna and other natural resources are owned by the State. 8ith the e(ception of agricultural lands4 all other natural resources shall not be alienated. %egalian "octrine? all agricultural4 timber and mineral lands are sub5ect to the dominion of the State. efore any land may be classified from the forest group and converted into alienable or disposable land from agricultural or other purposes4 there must be positive act from the =overnment. Absence of proof that property is privately owned4 the presumption is that it belongs to the State. Any possession4 no matter how lengthy4 cannot ripen into ownership. And all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. 7as;s of administering and disposing lands of public domain belongs to the "irector of Lands and ultimately the Secretary of "/N%. 7he classification of public lands is an e(clusive prerogative of the /(ecutive "epartment through the -ffice of the President. *n the absence of classification4 the land remains unclassified public land until released and rendered open for disposition. 'orest land is not capable of private appropriation and occupation in the absence of a positive act of the =overnment declassifying it into alienable and disposable. *mperium? government authority possessed by the State4 embraced in sovereignty and its capacity to own and ac@uire property. "ominium? lands held by the State in its proprietary character. *t may provide for the e(ploitation and use of lands and other natural resources4 including their disposition4 e(cept as limited by the Constitution. Citizenship %e@uirements #. CoAproduction4 5oint venture or production sharing agreements for e(ploration4 development and utilization of natural resources 'ilipino citizens
Corporations at least 3JH of whose capital is 'ilipinoAowned Agreements shall not e(ceed &. years4 renewable for another &. &. 6se and en5oyment of the nationKs marine wealth /(clusively to 'ilipino citizens Protect the rights of subsistence fishermen4 especially of local communities to the preferential use of the communal marine and fishing resources4 both inland and offshore. B+arginal 'ishermanC individual engaged in fishing whose margin of return or reward from his harvest of fish4 as measured by e(isting price levels4 is barely sufficient to yield a profit or cover the cost of gathering the fish. BSubsistence 'ishermenC catch yields but the irreducible minimum for his livelihood. L=C defined Bmarginal farmer or fishermanC A engaged in the subsistence farming or fishing which shall be limited to the sale4 barter or e(change of agricultural or marine products. Preferential right granted to them is not absolute. $. Alienable lands of public domain
'ilipino citizens may ac@uire not more than #& hectares by purchase4 homestead or grant -% lease more than .JJ hectares Private corporation may lease not more than #4JJJ hectares for &. years4 renewable for another &. years ,. Certain areas of investment 9as Congress shall provide when national interest so dictates: 'ilipino citizens Corporations at least 3JH of whose capital is 'ilipinoAowned Congress may prescribe higher percentage of 'ilipino ownership 'ilipino 'irst Policy o positive command which is complete in itself o needs no further guidelines or implementing rules or laws for its operation o per se enforceable o 'ilipinos should be preferred and when the Constitution declares that a right e(ists in certain specified circumstances4 an action may be maintained to enforce this right.
.. 'ranchise4 certificate or authorization for the operation of a public utility Citizens of the Philippines Corporations at least 3JH of whose capital is 'ilipinoAowned 'ranchise4 certificate or authorization shall not be e(clusive nor for a period for more than .J years4 and shall be sub5ect to amendment4 alteration or repeal by Congress. All e(ecutive and managing officers must be 'ilipino citizens. No franchisee can demand or ac@uire e(clusivity in the operation of a public utility. Congress does not have the e(clusive power to issue such authorization also administrative bodies. 'ranchise for the operation of public utility does not re@uire a franchise before one can own the facilities needed to operate a utility4 so long as it does not operate them to serve the public. Public utility? business or service engaged in regularly supplying the public with some commodity or service of public conse@uence. *mplies public use and service. All broadcasting4 whether radio or television4 is licensed by the =overnment. 7hey do not own the airwaves and fre@uencies and they are merely given he temporary privilege. A franchise is a privilege sub5ect to amendment. Eoint venture falls within the purview of association) if it wishes to engage in the business of operating a public utility4 must comply with the 3JA ,JH 'ilipinoAforeign capitalization re@uirement. Classification of Lands of Public "omain Lands of public domain are classified into? #. agricultural &. forest or timber $. mineral lands ,. national par;s Agricultural lands may further be classified by law according to the uses to which they may be devoted. Congress shall determine by law the size of the lands of the public domain which may be ac@uired4 developed4 held or leased and conditions therefore. 7he classification of public lands is a function of the e(ecutive branch of the =overnment "irector of the Land +anagement ureau. 1#
7he decision of the "irector4 when approved by the Secretary of the "epartment of /nvironment and Natural %esources as to @uestions of fact is conclusive upon the courts. Alienable lands of the public domain shall be limited to agricultural lands. 'orest land cannot be owned by private persons. *t is not registrable and possession thereof4 no matter how lengthy4 cannot convert it into private land4 unless the land is reclassified and considered disposable and alienable. 'oreshore land is that part of the land which is between the high and low water4 and left dry by the flu( and reflu( of the tides. *t is part of the alienable and of the public domain and may be disposed of only by leased and not otherwise. Private corporations or associations may not hold such alienable lands of the public domain e(cept by lease. *t would cease to be public land only upon the issuance of the certificate of title to any 'ilipino citizen @ualified to ac@uire the same. #01$ Constitution cannot impair vested rights. 8here the land was ac@uired in #03& when corporations were allowed to ac@uire lands not e(ceeding #4J&, hectares4 the same may be registered in #02&. 7he #021 Constitution prohibits private corporations from ac@uiring alienable lands of the public domain. Congress shall determine the specific limit of forest land and national par;s4 mar;ing clearly their boundaries on the ground. 7he State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic4 social and cultural well being.
7he State shall apply the principles of agrarian reform or stewardship4 whenever applicable4 in the disposition or utilization of other natural resources. *ncluding lands of the public domain under lease or concession suitable to agriculture4 sub5ect to prior rights4 homestead rights of small settlers4 and the rights of indigenous communities to their ancestral lands. 7he State may resettle landless farmers and farm wor;ers in its own agricultural estates which shall be distributed to them in the manner provided by law.
7he Stewardship Concept 7he use of property bears a social function4 and all economic agents shall contribute to the common good4 individuals and private groups4 including corporations4 cooperatives and similar collective organizations4 shall have the right to own4 establish and operate economic enterprises4 sub5ect to the duty of the State to promote distributive 5ustice and to intervene when the common good so demands. 1&
Private Lands A Private lands shall be transferred or conveyed to individuals4 corporations or associations @ualified to ac@uire or hold lands of the public domain. A /(ception? in cases of hereditary succession A Any sale or transfer in violation of the prohibition is null and void. A eing an alien4 dis@ualified from ac@uiring and owning real property. Neither can petitioner recover the money he had spent for the purchase. /@uity4 as a rule4 will follow the law4 and will not permit to be done indirectly that which4 because of public policy4 cannot be done directly. A Action to recover the property sold filed by the former owner will lie4 the pari delicto ruling having been abandoned. A 7he lease for 00 years with a .JAyear option to purchase the property if and when 8ong Deng would be naturalized is a virtual surrender of all rights incident to ownership and therefore invalid. 9PN vs. Lui She: A Land tenure is not indispensable to the free e(ercise of religious profession and worship. A religious corporation4 controlled by nonA 'ilipinos4 cannot ac@uire and own lands even for a religious use or purpose. 'or a religious corporation sole to ac@uire lands4 it must appear that at least 3JH of the faithful or its members are citizens of the Philippines in order to comply with the citizenship re@uirement. 7his is so regardless of the citizenship of the incumbent inasmuch as a corporation sole is merely an administrator of the temporalities or properties titled in its name and for the benefit of its members.
A Land sold to an alien which was later transferred to a 'ilipino citizen or where the alien later becomes a 'ilipino citizen can no longer be recovered by the vendor because ether is no longer any public policy involved. A /(ceptions to the %ule? #. Dereditary Succession /(ception? testamentary disposition &. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands 'ilipino citizen may ac@uire .4JJJ s@uare meters of urban land 'ilipino citizen may ac@uire $4JJJ hectares of rural land +ay be used for residence4 business and for other purposes. $. Americans hold valid title to private lands as against private persons 7itles to private lands ac@uired by such persons before such date 9Euly $4 #01,: shall be valid as against private persons only: 7ransitory Provision of the #01$ Constitution. Previous owner may no longer recover land from an American buyer who succeeded in obtaining title over the land. -nly the State has the superior right to the land through the institution of escheat proceeding 9as a conse@uence of the violation of the Constitution: or through an action for reversion 9as e(pressly authorized under the Public Land Act with respect to lands which formerly formed part of the public domain:. %emedies to %ecover Private Land from "is@ualified Alien #. /scheat Proceedings &. Action for %eversion under Public Land Act 7he "irector of Lands has the authority and the specific duty to conduct investigation of alleged fraud in obtaining free patents and the corresponding titles to alienable public lands. And if the facts warrant4 to file the corresponding court action for the reversion of the land to the State. *mprescriptible. 1$
State4 alone4 which may institute reversion proceedings against public lands allegedly ac@uired through fraud and misrepresentation. Private parties are without legal standing at all @uestion the validity of respondentKs title. Property in dispute is still part of the public domain4 only the State can file suit for reconveyance of such public land. 7he State can be in estoppel by the mista;es or errors of its officials or agents. o /stoppel against the State is not favored) it may be invo;ed only in rare and unusual circumstances. o State may not be allowed to deal dishonorably or capriciously with its citizens. o State may be held in estoppel for irregular acts and mista;es of its officials. o %epublic vs. CA4 where the State failed to correct and recover the alleged increase in the land area of the titles issued4 the prolonged inaction strongly militates against its cause4 tantamount to laches. o Laches failure or neglect4 for an unreasonable and une(plained length of time4 to do that which by e(ercising due diligence could or should have been done earlier. o 7he negligence or omission to assert a right within a reasonable time4 warranting a presumption that the party entitled to assert it either abandoned it or decline to assert it. $. Action for recovery filed by the former 'ilipino owner4 the pari delicto ruling having been abandoned4 unless the land is sold to an American citizen prior to Euly $4 #01, and the American citizen obtained title thereto. Preference for 'ilipino Labor4 etc. A 7he State shall promote the preferential use of 'ilipino labor4 domestic materials and locally produced goods4 and adopt measures that help ma;e them competitive. Practice of Profession A 7he practice of all profession shall be limited to 'ilipino citizens A /(ception? in cases prescribed by law Cooperatives
Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social 5ustice and economic development. A %A 30$0? An Act Creating the Cooperative "evelopment Authority A C"A is devoid of any @uasiA5udicial authority to ad5udicate intraAcooperative disputes and4 more particularly4 disputes related to the election of officers and directors of cooperatives. A C"A may conduct hearings and in@uiries in the e(ercise of its administrative functions.
A
+onopolies A Policy? the State shall regulate or prohibit monopolies when the public interest so re@uires. No combinations in restraint of trade or unfair competition shall be allowed. A +onopoly a privilege or peculiar advantage vested in one or more persons or companies4 consisting in the e(clusive right to carry on a particular business or trade4 manufacture a particular article4 or control the sale of a particular commodity. A +onopolies are not per se prohibited by the Constitution but may be permitted to e(ist to aid the government in carrying on an enterprise or to aid in the performance of various services and functions in the interest of the public. A Sub5ected to a higher level of State regulation. A "esirability of competition is the reason for the prohibition against restraint of trade. A 7he reason for the interdiction of unfair competition and the reason for the prohibition of unmitigated monopolies. A A mar;et controlled by one player 9monopoly: or dominated by a handful of players 9oligopoly: is hardly the mar;et where honestAtoAgoodness competition will prevail. A Constitution enshrined free enterprise as a policy4 it nevertheless reserves to the =overnment the power to intervene whenever necessary for the promotion of the general welfare. Central +onetary Authority A Congress shall establish an independent central monetary authority4 the members of whose governing board must be? #. naturalAborn &. ;nown probity4 integrity and patriotism 1,
$. ma5ority of whom shall come from the private sector A 7he authority shall? #. provide policy direction in the areas of money ban;ing and credit &. have supervision over the operations of ban;s $. e(ercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions A 6ntil Congress otherwise provides4 the Central an; shall function as the central monetary authority. 5*. SOCIAL 9USTICE AN, HU-AN RIGHTS Policy Statement A Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity reduce social4 economic4 and political ine@ualities and remove cultural ine@uities by e@uitably diffusing wealth and political power for the common good. A 7o this end4 the State shall regulate the ac@uisition4 ownership4 use and disposition of property and its increment. A 7he promotion of social 5ustice shall include the commitment to create economic opportunities based on freedom of initiative and selfAreliance. A Pursuit to social 5ustice cannot 5ustify brea;ing the law. A 7he StateKs solitude for the destitute and the haveAnots does not mean it should tolerate usurpation of property4 public or private. Labor A 7he State shall afford full protection to labor4 local and overseas4 organized and unorganized4 and promote full employment and e@uality of employment opportunities for all. A *t shall guarantee the rights of all wor;ers to? #. selfAorganization &. collective bargaining and negotiations $. peaceful concerted activities4 including the right to stri;e in accordance with law A 7hey shall be entitled to?
#. security of tenure &. humane conditions of wor; $. living wage A 7hey shall also participate in policy and decisionAma;ing processes affecting their rights and benefits as may be provided by law. A 7he State shall promote the principle of shared responsibility between the wor;ers and employers and the preferential use of voluntary modes in settling disputes4 including conciliation and shall enforce their mutual compliance to foster industrial peace. A 7he State shall regulate the relations between wor;ers and employers4 recognizing the #. right of labor to its 5ust share in the fruits of production and &. the right of enterprises to reasonable returns on investments and to e(pansion and growth. A /mployees in the civil service may not resort to stri;es4 wal;outs and other temporary wor; stoppages to pressure the =overnment to accede to their demands. A 7he ability to stri;e is not essential to the right to association and the right to sovereign to prohibit stri;es or wor; stoppages was clearly recognized at common law. Agrarian and Natural %esources %eform A Constitutionality of the Comprehensive Agrarian %eform Law. 6rban Land and Dousing %eform A 7he State shall4 by law4 and for the common good4 underta;e4 in cooperation with the private sector4 a continuing program of urban land reform and housing which will ma;e available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. A *t shall promote ade@uate employment opportunities. A State shall respect the rights of small property owners. A 6rban or rural poor dwellers shall not be evicted nor their dwellings demolished4 /(cept? in accordance with law and in a 5ust and humane manner. 1.
A No resettlement of urban or rural dwellers shall be underta;en without ade@uate consideration with them and the communities where they are to be located. A /viction of s@uatters and the demolition of their shanties shall be done in accordance with law does not mean that the validity and legality of demolition or eviction hinges on the e(istence of resettlement area designated or earmar;ed by the =overnment. A Eudicial notice of the fact that urban reform has become a paramount tas; of =overnment in view o the acute shortage of decent housing in urban areas. A Section #0 of the L=C imposes certain restriction on the e(ercise of the power of eminent domain! A %A 1&10 provides the order in which lands may be ac@uired for socialized housing. A 6rban tenantKs right of first refusal 9preAemptive right:4 can be e(ercised only where the disputed land is situated in an area declared to be an area for priority development 9AP": and an urban land reform zone 96L%N:. Duman %ights 7he Commission on Duman %ights Composition #. Chairman &. , +embers <ualifications #. naturalAborn &. ma5ority of whom shall be members of the ar 7erm of office and other dis@ualification and disabilities of the members shall be provided by law. 7he power to appoint the Chairman and members of the Commission is vested in the President4 without need of confirmation by the Commission on Appointments. CD% does not en5oy fiscal autonomy. *t does not belong to the species of constituent commissions. Powers and 'unctions? #. 5urisdiction or ad5udicatory powers and not meant to be another court or @uasiA5udicial agencies in this country &. may investigate receive evidence
ma;e findings of fact as regards claimed human rights violations involving civil and political rights but factAfinding is not ad5udication4 and cannot be li;ened to the 5udicial function of a court of 5ustice4 or even a @uasiA5udicial agency or official $. cannot issue writs of in5unction or a restraining order against supposed violators of human rights4 not being a court of 5ustice. 5*I. E,UCATION1 SCIENCE TECHNOLOG61 ARTS CULTURE SPORTS AN, AN,
/stablish ade@uate and relevant education 'ree public elementary and high school education Scholarship grants and loan programs -utAofAschool study programs Adult education

State Policy priority to education4 science and technology4 arts4 culture and sports to foster patriotism and nationalism accelerate social progress and promote total human liberation and development protect and promote the right of all citizens to @uality education at all levels and shall ta;e appropriate steps to ma;e such education accessible to all. National +edical Admission 7est 9N+A7: ensures @uality education for future doctors and protect public health by ma;ing sure of the competence of future medical practitioners. Constitutional right of every citizen to select a profession or course of study sub5ect to fair4 reasonable and e@uitable admission and academic re@uirements. *t may be regulated pursuant to police power of the State to safeguard health4 morals4 peace4 education4 order4 safety and general welfare of the people. Persons who desire to engage in the learned professions re@uiring scientific or technical ;nowledge may be re@uired to ta;e an e(amination as a prere@uisite to engaging in their chosen careers. %e@uirement that a school must first obtain government authorization before operating is based on the State policy that educational programs and!or operations shall be of good @uality and shall satisfy minimum standards. Constitutional +andate for the State to 13
Constitutional -b5ectives of /ducation #. inculcate patriotism and nationalism &. foster love of humanity $. respect for human rights ,. appreciation of the role of national heroes in the historical development of the country .. teach the rights and duties of citizenship 3. strengthen ethical and spiritual values 1. develop moral character and personal discipline 2. encourage critical and creative thin;ing 0. broaden scientific and technological ;nowledge #J. promote vocational efficiency -ptional %eligious *nstruction A -ption e(pressed in writing by parent or guardian A Public elementary and high schools A 8ithin regular class hours A *nstructors designated or approved by religious authorities A 8ithout additional cost to =overnment /ducational *nstitution A -wnership Solely by 'ilipino citizens or Corporations 3JH 'ilipinoAowned /(ception? those established by religious groups or mission boards4 but Congress may increase re@uired 'ilipino e@uity participation. A Control and Administration >ested in 'ilipino citizen.. A Alien Schools No educational institution shall be established e(clusively for aliens4 and no group of aliens shall compromise more than #!$ of the enrolment in any school. /(ception? schools for foreign diplomatic personnel and their dependents and for other foreign temporary residents. A 7a( /(emptions all revenues and assets
all grants4 endowments4 donations and contributions of nonAstoc;4 nonAprofit educational institution used directly4 actually and e(clusively for educational purposes Dighest udgetary Priority to /ducation A merely directory Academic 'reedom en5oyed in all institutions of higher learning colleges4 publicly or privatelyAowned 7wo >iews? #. from the standpoint if the educational institution determine? #. who may teach &. what may be taught $. how it shall be taught ,. who may be admitted to study 'reedom to determine whom to admit includes the right to determine whom to e(clude or e(pel4 as well as to impose lesser sanctions such as suspension. %ight to freely choose their field of study sub5ect to e(isting curricula4 and to continue their course therein up to graduation4 such right is sub5ect to established academic and disciplinary standards laid down by the academic institution. &. from the standpoint of the members of the academe freedom of the teacher or research wor;er in higher institutions of learning to investigate and discuss the problems of his science and to e(press conclusions4 whether through publication or in the instruction of students4 without interference from political or ecclesiastical authority4 or from the administrative officials of the institution in which he is employed4 unless the methods are found to be incompetent or contrary to professional ethics. 8idest latitude to innovate and e(periment on the method of teaching which is most fitting to his students4 sub5ect only to the rules and policies of the 6niversity. Limitations #. dominant police power of the State &. social interests of the community B7ermination of ContractC theory in Alcauz can no longer be used as a valid ground to deny 11
readmission or reAenrollment to students who had led or participated in student mass actions against the school. 7he students do not shed their constitutionallyAprotected rights of free e(pression at the school games. 7he only valid grounds to deny readmission of students are? #. academic deficiency and &. breach of the schoolKs reasonable rules of conduct +inimum standards of procedural due process must be satisfied? #. student must be informed in writing of the nature and cause of the accusation against them &. right to answer the charges against them4 with the assistance of counsel4 if desired $. informed of the evidence against them ,. right to adduce evidence in their own behalf .. evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. *t is within the sound discretion of the university to determine whether a student may be conferred graduation honors4 considering that the student had incurred a failing grade in an earlier course she too; in school. Profession %egulation Commission cannot interfere with the conduct of review that review schools and centers believe would best enable their enrollees to meet the standards re@uired before becoming fullApledged public accountants. Prerogative of the school to provide standards for its teachers and to determine whether or not these standards have been met is in accordance with academic freedom and constitutional autonomy which give educational institutions the right to choose who should teach. Academic freedom was never meant to be unbridled license) it is a privilege which assumes the correlative duty to e(ercise it responsibly. Conferment of an honor or distinction was obtained through fraud4 the 6niversity has the right to revo;e or withdraw the honor or distinction conferred. 7he right does not terminate upon the graduation of the student. Language National language 'ilipino
Purpose of communication and instruction 'ilipino4 and until otherwise provided by law4 /nglish %egional languages au(iliary official languages in the regions and shall serve as ancillary media of instruction Spanish and Arabic promoted on voluntary and optional basis Constitution shall be promulgated in 'ilipino and /nglish and shall be translated into ma5or regional languages4 Arabic and Spanish. 5*II. THE +A-IL6 5*II. GENERAL PRO*ISIONS 'lag %ed4 white and blue A sun and $ stars As consecrated and honored by the people and recognized by law. Name Congress may4 by law4 adopt? a new name for the country a national anthem or a national seal which shall be truly reflective and symbolic of the ideals4 history4 and traditions of the people. Law shall ta;e effect only upon its ratification by the people in a national referendum. Armed 'orces of the Philippines Composed of a citizen armed force 8hich shall undergo military training And serve4 as may be provided by law. All members of the armed forces shall ta;e an oath or affirmation to uphold and defend the Constitution Professionalism and Ade@uate %emuneration shall be a prime concern of the State. *nsulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity e(cept to vote. 12
No member of the armed forces in the active service shall4 at any time4 be appointed or designated in any capacity to any civilian position. Laws on retirement of military officers shall not allow e(tension of their service. 7he officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable. National Police 'orce 7he State shall establish and maintain one police force4 which shall be? National in scope and Civilian in character. 7o be administered and controlled by a national police commission. Authority of local e(ecutives over the police units in their 5urisdiction shall be provided by law. %A 301. established the PNP under a reorganized department4 "*L=. +ass +edia and Advertising *ndustry +ass +edia -wnership limited to C*7*N/NS or C-%P-%A7*-NS 8D-LLOA-8N/" and +ANA=/" by such citizens. Congress shall regulate or prohibit monopolies in commercial mass media. Advertising *ndustry -nly '*L*P*NC*7*N/NS or C-%P-%A7*-NS or ASS-C*A7*-NS at least 1JH '*L*P*N-A-8N/" shall be allowed to engage in the advertising industry. ALL /P/C67*>/S and +ANA=*N= -''*C/%S of such entities must be C*7*N/NS of the Philippines. Advertising entities affected shall have . years from the ratification of the Constitution to comply on =%A"6A7/" and P%-P-%7*-NA7/ basis with the minimum 'ilipino ownership. 5I5. TRANSITOR6 PRO*ISION /lections A 'irst elections of members of Congress &nd +onday of +ay #021 A 'irst local elections to be determined by President
Synchronization of elections? +embers of Congress and the local officials first elected shall serve until noon of Eune $J4 #00&. 3Ayear term of the incumbent President and >iceAPresident elected in 'ebruary 14 #023 elections is e(tended until noon of Eune $J4 #00&. /lections for President and >iceAPresident4 Senators4 +embers of the Douse of %epresentatives and local office must be synchronized in #00&. /(isting Laws and 7reaties A All e(isting laws4 decrees4 /os4 proclamations4 letters of instructions4 and other e(ecutive issuances not inconsistent with the Constitution shall remain operative until amended4 repealed or revo;ed. A All e(isting treaties or international agreements which have not been ratified shall not be renewed or e(tended without the concurrence of at least &!$ of all the members of the Senate. %eserved /(ecutive Powers A 6ntil a law is passed4 the President may fill by appointment from a list of nominees by the respective sectors4 the seats reserved for sectoral representative. A 6ntil otherwise provided by Congress4 the President may constitute the +etropolitan Authority to be composed of the heads of all local government units compromising the +etropolitan +anila Authority. Career Civil Service A Career civil service employees separated from the service not for cause but as a result of the reorganization is entitled to appropriate separation pay and to retirement and other benefits according to law in force at the time of their separation. *n lieu of separation pay4 at the option of the employees4 they may be considered for employment in the government. Apply to career officers whose resignation4 tendered in line with the e(isting policy4 had been accepted. Se@uestration A Authority to issue se@uestration or freeze order relative to the recovery of illAgotten wealth shall remain operative for not more than #2 months after 10
the ratification of this Constitution. Congress may e(tend such period. A Se@uestration or freeze orders shall be issued upon showing of a prima facie case. A 7he corresponding 5udicial action shall be filed within 3 months from ratification of this Constitution4 or4 if issued after ratification within 3 months from such issue. A 7he order is deemed automatically lifted if no 5udicial action or proceeding is commenced. A No particular description or specification of the ;ind or character of B5udicial action or proceedingC much less an e(plicit re@uirement for the impleading of the corporations se@uestered or of the ostensible owners of the property suspected to be illAgotten. A 7he only @ualifying re@uirement in the Constitution is that the action or proceeding be filed for orders of se@uestration4 freezing or provisional ta;eAover. A 7he action or proceeding must concern or involve the matter of se@uestration4 freezing or provisional ta;eAover of specific property and should have4 as ob5ective4 the demonstration by competent evidence that the property is indeed BillA gotten wealthC over which the government has a legitimate claim for recovery and other relief. A +ere issuance of the writ of se@uestration4 without the corresponding service4 within the #2A month period4 does not comply with the constitutional re@uirement. A Lifting of the se@uestration orders does not ispo facto mean that se@uestrated property are not illA gotten. 7he effect of the lifting will merely be the termination of the role of government as conservator of the property. A 8rit of se@uestration may be issued only upon authority of at least & PC== Commissioners. A PC== may not validly delegate its authority to se@uester. A PC== cannot perform acts of strict ownership of se@uestrated property. PC== being a mere C-NS/%>A7-%. /(ception? case of ta;eAover of a business belonging to the government or whose capitalization comes from public funds but which landed in private hands. A Se@uestration does not automatically deprive the stoc;holders of their right to vote their shares of
stoc;. 6ntil the main se@uestration case is resolved4 the right to vote the se@uestered shares of stoc;s depends on the &Atiered tests? #. whether there is prima facie evidence showing that the said shares are illAgotten and thus belong to the State &. whether there is an immediate danger of dissipation thus necessitating their continued se@uestration and voting by PC== while the main issue pends with the Sandiganbayan. "oes not apply in cases involving funds of Bpublic characterC 7he =overnment is granted the authority to vote said shares? #. where government shares are ta;en over by private persons or entities who!which registered them in their own names and &. where the capitalization or shares that were ac@uired by public funds somehow landed on private hands. A Sandiganbayan can review the validity of se@uestration orders. A Absence of e(press prohibition4 the rule on amicable settlement or compromise agreements in the Civil Code is applicable to PC== cases before the Sandiganbayan. A PC==Ks authority to enter into compromise agreements involving illAgotten wealth and to grant immunity in civil and criminal cases4 without need of prior Congressional approval is sustained. A Penal violations to fall within the 5urisdiction of the PC==? #: it must relate to illAgotten wealth) &: of the late President +arcos4 his immediate family4 relatives4 subordinates4 and close associates) $: who too; advantage of their public office and!or power4 authority4 influence4 connections or relationships. A 7hose not fulfilling the above elements are not within the authority of the PC== but within the 5urisdiction of the -mbudsman and other duly authorized investigating agencies. A 7he invalid preliminary investigation did not impair the validity of the criminal information or otherwise render them defective) much less did not affect the 5urisdiction of the Court. 7he only effect is the imposition on the latter of the obligation to suspend the proceedings and to re@uire the holding of preliminary investigation. 2J
A A mere allegation in the antiAgraft complaint that the accused is a relative of then President +arcos will not suffice to enable the PC== to ta;e cognizance of the case. 7here must4 in addition4 be a showing that the accused has unlawfully accumulated wealth by virtue of such close relation with the former President. A 'act of se@uestration alone did not automatically oust the %7C of its 5urisdiction. A *n order that the SandiganbayanKs e(clusive 5urisdiction may be invo;ed4 the PC== must be a party to the suit. A 7he -ffice of the Solicitor =eneral may validly call the PC== for assistance and as; it to respond to a motion for a bill of particulars4 considering that PC== has the complete records of the case and4 being in charge of the investigation4 is more ;nowledgeable and better informed. GENERAL PRINCIPLES Principles of Local Autonomy Constitutional Provisions 7he State shall ensure the local autonomy of local governments 7he territorial and political subdivisions shall en5oy local autonomy 7he principle of local autonomy under the #021 Constitution simply means B"/C/N7%AL*NA7*-NC. *t does not ma;e the local government sovereign within the state or an imperium in iperio. Autonomy is either? #. decentralization of administration no valid constitutional challenge delegation of administrative powers to broaden the base of governmental power. &. decentralization of power abdication by the national government of political power in favor of the local government Congress retains control over the L=6s although significantly reduced under the Constitution. National legislature is still the principal of L=6s which cannot defy its will or modify or violate it. Power to ta( of L=6s which cannot be withdrawn by mere statute.
Any form of autonomy granted to local governments will necessarily be limited and confined within the e(tent allowed by the central authority. /(ercise of local autonomy remains sub5ect to? #. power of control by Congress and &. general supervision by the President Scope of PresidentKs supervisory powers? President can only interfere in the affairs and activities of a local government unit if he finds that the latter had acted contrary to law) Cannot interfere in local affairs as long as the concerned local government unit acts within the parameters of the law and the Constitution) -therwise4 violates the principle of local autonomy and the doctrine of separation of powers. Liga ng mga arangay is not sub5ect to the control by the Chief /(ecutive or his alter ego. Corporation Artificial being created by operation of law4 having the right of succession and the powers4 attributes and properties e(pressly authorized by law or incident to its e(istence. Classification #. Public? organized for the government of a portion of a state. &. Private? formed for some private purpose. $. <uasiAPublic? private corporation that renders public service or supplies public wants. Criterion to determine whether corporation is public %elationship of the corporation to the State) if it is created by the State as its own agency to help the State in carrying out its governmental function then it is public. -therwise4 it is private. Classes of public corporations #. <uasiAcorporation created by the state for a limited purpose. &. +unicipal Corporation body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government. +unicipal Corporation /lements? #. Legal creation or incorporation 2#
Law creating or authorizing the creation or incorporation of a municipal corporation. &. Corporate name Sanggunian Panlalawigan may change the name of component cities or municipalities? #. consultation with Philippine Distorical *nstitute &. effective upon ratification in a plebiscite $. *nhabitants People residing in the territory. ,. 7erritory Land mass where the inhabitants reside 7ogether with e(ternal and internal waters and the airspace above.
"ual Nature and 'unctions /(ercise powers as a political subdivision of the National =overnment and As a corporate entity representing the inhabitants of the territory. #. Public or =overnmental acts as agents of the State4 for the government of the territory and the inhabitants. &. Private or Proprietary acts as agents of the community in the administration of local affairs. Acts as a separate entity for its own purposes and not as a subdivision of the state. %oles of +unicipal Corporations in the Philippines 7he territorial and political subdivisions of the Philippines are the P%->*NC/S4 C*7*/S4 +6N*C*PAL*7*/S and A%AN=AOS. 7here shall be A67-N-+-6S %/=*-NS in +6SL*+ +*N"ANA- and the C-%"*LL/%AS. Provinces Cluster of municipalities or municipalities and component cities. "ynamic mechanism for developmental processes and effective governance of L=6s within its territorial 5urisdiction. City +ore urbanized and developed barangays =eneral purpose government for the coordination and delivery of basic4 regular and direct services. /ffective governance of the inhabitants within its 5urisdiction.
+uncipality =roup of barangays =eneral purpose government for the coordination and delivery of basic4 regular and direct services. /ffective governance of the inhabitant within its 5urisdiction. arangay asic political unit Primary planning and implementing unit of government policies4 plans4 programs4 pro5ects and activities in the community. 'orum where collective views of the people may be e(pressed. 8here disputes may be amicably settled. Autonomous %egions in +uslim +indanao and the Cordilleras "atu 'irdausi Abbas vs. C-+/L/C? act establishing the Autonomous %egional =overnment of +uslim +indanao was held valid. Cordillera road Colaition vs. Commission on Audit? e(ercise of legislative powers4 creating the Cordillera Administrative %egion was held valid. *t prepared the groundwor; for autonomy and the adoption of the organic law. -rdillo vs. C-+/L/C? sole province of *fugao which4 in the plebiscite4 alone voted in favor %A 31334 cannot validly constitute the Autonomous %egion of the Cordilleras. Special +etropolitan Political Subdivision Congress may by law create special metropolitan political subdivisions sub5ect to a plebiscite. 7he component cities and municipalities shall retain their basic autonomy /ntitled to their own local e(ecutives and legislative assemblies Eurisdiction of the metropolitan authority shall be limited to basic services re@uiring coordination. Creation and "issolution of +unicipal Corporations Authority to Create L=6 may be created4 divided4 merged4 abolished or its boundaries substantially altered either by? #. law enacted by Congress provinces4 city4 municipality or any other political subdivision 2&
&. ordinance passed by Sangguniang Panlalawigan
or Sangguniang Panlungsod barangay %e@uisites!Limitation on Creation or Conversion No province4 city4 municipality or barangay may be created4 divided4 merged4 abolished or its boundary substantially altered4 /PC/P7 #. in accordance with criteria established in the L=C &. sub5ect to approval by a ma5ority of the votes cast in a plebiscite in the political units directly affected Plebiscite %e@uirement? conducted by the C-+/L/C within #&J days from the date of effectivity of the law or ordinance effecting such action4 unless said law or ordinance fi(es another date. Plebiscite for creating a new province should include the participation of the residents of the mother province in order to conform to the constitutional re@uirement. 8here the law authorizing the holding of a plebiscite is unconstitutional4 the Court cannot authorize the holding of a new one. 7he fact that the plebiscite which the petition sought to stop had already been held and officials of the new province appointed does not ma;e the petition moot and academic4 as the petition raises an issue of constitutional dimensions. Section 14 %A 1#3J verifiable indicators of viability and pro5ected capacity to provide services? #. *ncome Sufficient4 based on acceptable standards 7o provide for all essential government facilities and services and special functions Commensurate with the size of its population Average annual income for the last & consecutive years based on #00# constant prices? #. +unicipality? &4.JJ4JJJ &. City #JJ4JJJ4JJJ $. Dighly 6rbanized City? .J4JJJ4JJJ ,. Province? &J4JJJ4JJJ *nternal %evenue Allotment should be included in the computation of the average annual income of the municipality. 9for purposes of determining
whether the municipality may be validly converted into a city: 'or conversion to cities4 the municipalityKs income should not include the *%A. &. Population 7otal number of inhabitants within the territorial 5urisdiction of the L=6 concerned. %e@uired minimum population? #. arangay? &4JJJ inhabitants) e(cept in +etro +anila and other metropolitan political subdivisions or in highly urbanized cities where the re@uirement is .4JJJ inhabitants &. +unicipality? &.4JJJ $. City? #.J4JJJ ,. Dighly 6rbanized City? &JJ4JJJ .. Province? &.J4JJJ $. Land Area Contiguous4 unless it comprises & or more islands or is separated by a L=6 independent of the others Properly identified by metes and bounds with technical descriptions Sufficient to provide for such basic services and facilities to meet the re@uirements of its populace. Area %e@uirements? #. +unicipality? .J s@. ;ms. &. City? #JJ s@. ;ms. $. Province? &4JJJ s@. ;ms. Compliance with the foregoing indicators shall be attested to by the "epartment of 'inance4 the National Statistics -ffice and the Lands +anagement ureau of the "epartment of /nvironment and Natural %esources. %e@uirement that the territory of the newlyA created local government units be identified by metes and bounds is intended to provide the means by which the area of the local government unit may be reasonably ascertained. 7erritorial 5urisdiction of the newly created city may be reasonably ascertained by referring to common boundaries with neighboring municipalities then the legislative intent has been sufficiently served. -ther constitutional limitations? ill of %ights eginning of Corporate /(istence
/L/C7*-N and <6AL*'*CA7*-N of its Chief /(ecutive and a ma5ority of the members of its sangguinan. 6NL/SS some other time is fi(ed therefore by the law or ordinance creating it. "ivision and +erger4 Abolition of L=6s "ivision and +erger comply with same re@uirements4 provided that such division shall not reduce the income4 population or land area of the local government unit!s concerned to less than the minimum re@uirements prescribed provided4 further4 that the income classification of the original local government unit!s shall not fall below its current income classification prior to the division. Abolition L=6 may be abolished when its income4 population or land area has been irreversibly reduced to less than the minimum standards. Law or ordinance abolishing a L=6 shall specify the province4 city4 municipality or barangay with which the local government unit sought to be abolished will be incorporated or merged. "e 'acto +unicipal Corporation %e@uisites? #. >alid law authorizing incorporation &. Attempt in good faith to organize under it $. Colorable compliance with the law ,. Assumption of corporate powers Not de facto municipal corporations4 because there was no law authorizing incorporation. Attac; Against *nvalidity of *ncorporation No collateral attac; *n@uiry into the legal e(istence of a municipal corporation is reserved to the state in a proceeding for @uo warranto or other direct proceeding. %ule is applicable only when the municipal corporation is at least a de facto municipal corporation 7he Local =overnment Code /ffectivity? Eanuary #4 #00&) after its complete publication in at least # newspaper of general circulation. 2$
Scope of Application? all provinces4 cities4 municipalities4 barangays and other political subdivisions as may be created by law and to officials4 offices or agencies of the National =overnment.
II. GENERAL PO.ERS AN, ATTRI/UTES O+ LOCAL GO*ERN-ENT UNITS Powers in =eneral Sources #. Philippine Constitution &. Statutes $. Charter ,. "octrine of the right of selfAgovernment Classification #. e(press4 implied4 inherent &. public4 governmental4 private or proprietary $. intramural4 e(tramural ,. mandatory4 directory4 ministerial4 discretionary /(ecution of powers #. statute prescribes the manner of e(ercise the procedure must be followed &. statute is silent L=6s have discretion to select reasonable means and methods of e(ercise =overnmental Powers #. =eneral 8elfare &. asic Services and 'acilities $. Power to =enerate and Apply %esources ,. /minent "omain .. %eclassification of Lands 3. Closure and -pening of %oads 1. Local Legislative Power 2. Authority over Police 6nits =eneral 8elfare /(ercise powers e(pressly granted4 necessarily implied4 and powers necessary4 appropriate or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare w! respective territorial 5urisdiction4 #. preservation and enrichment of culture &. promote health and safety $. enhance the right of the people to a balanced ecology ,. encourage and support the development of appropriate and selfAreliant scientific and technological capabilities .. improve public morals 2,
"eclaration of Policy #. 7erritorial and political subdivision of the State shall en5oy genuine and meaningful local autonomy to enable them to attain their fullest development as selfAreliant communities and ma;e them more effective partners in the attainment of national goals. &. /nsure accountability of L=6s through the institution of effective mechanisms of recall4 initiative and reference. $. %e@uire all national agencies and offices to conduct periodic consultations with appropriate L=6s4 nonAgovernmental and peopleKs organizations and other concerned sectors of the community before any pro5ect or program is implemented in their respective 5urisdiction. %ules of *nterpretation #. Any provision on a power of a L=6 shall be liberally interpreted in its favor) in case of doubt4 any @uestion shall be resolved in favor of devolution of power. &. Any ta( ordinance or revenue measure shall be construed strictly against the L=6 enacting it and liberally in favor if the ta(payer. $. Any ta( e(emption4 incentive or relief granted by any L=6 shall be construed strictly against the person claiming it. ,. 7he general welfare provision shall be liberally interpreted to give more powers to L=6s in accelerating economic development and upgrading the @uality of life for the people in the community. .. %ights and obligations e(isting on the date of effectivity of this Code and arising out of contracts or any other source of prestation involving a L=6 shall be governed by the original terms and conditions of said contracts or the law force at the time of such rights were vested. 3. *n the resolution of controversies arising under this Code where no legal provision of 5urisprudence applies4 resort may be had to the customs and traditions in the place where the controversies ta;e place.
3. enhance economic prosperity and social 5ustice 1. promote full employment among its residents 2. maintain peace and order 0. preserve the comfort and convenience of their inhabitants general welfare clause statutory grant of police power to L=6s Limitations #. e(ercisable only within territorial limits /PC/P7 for protection of water supply &. /@ual protection clause $. "ue process clause 9means employes are reasonably necessary and not unduly oppressive for the accomplishment of the purpose: ,. not be contrary to the Constitution and the laws. Prohibited activities cannot be legalized in the guise of regulation. Activities allowed by law cannot be prohibited4 only regulated. L=6 may close a ban; for failure to secure the appropriate mayorKs permit and business licenses. L=6 may not regulate the subscriber rate by CA7> operators within its territorial 5urisdiction 5urisdiction of N7C) 7his does not mean that L=6 cannot prescribe regulations over CA7> operators. -rdinance prohibiting the operation of casino is invalid for being contrary to the Charter of PA=C-% 9P"#230: +ayor authorized to issue permits and licenses for the holding of activities for any charitable or welfare purposes. LL"A which has e(clusive 5urisdiction to issue permits for the en5oyment of fishery privileges in Laguna de ay -rdinance is not unconstitutional merely because it incidentally benefits a limited number of persons the support for the poor has long been an accepted e(ercise of the police power in the promotion of the common good. +unicipality cannot grant e(clusive fishing privileges without prior public bidding and for a period of more than . years violates 'isheries Law. Permits to operate coc;pits mayor -rdinance prohibiting operation of nightAclubs is invalid prohibitory and not mere regulatory asic Services and 'acilities 2.
A /ndeavor to be selfAreliant A Continue e(ercising the powers and discharge the duties and functions currently vested upon them A "ischarge the functions and responsibilities of national agencies and others devolved upon them A /(ercise such other powers and discharge such other functions as are necessary4 appropriate or incidental to efficient and effective provision of the basic services and facilities. A P6 L*C 8-%LS and *N'%AS7%6C76%/ P%-E/C7S and other 'AC*L*7*/S4 P%-=%A+S and S/%>*C/S '6N"/" O 7D/ NA7*-NAL =->/%N+/N7 are N-7 covered under Section #1 /PC/P7 where the L=6 is duly designated as the implementing agency for such pro5ects4 facilities4 programs and services. A "evolution? act by which the national government confers power and authority upon various L=6s to perform specific function and responsibilities4 *ncludes the transfer of assets4 e@uipments4 records and personnel of national agencies and offices to L=6s %egional offices of national agencies shall be phased out within # years from approval of Code. Career regional director which cannot be absorbed by the L=6 shall be retained by the national government w!o diminution. Power to =enerate and Apply %esources /stablish an organization that shall be responsible for the efficient and effective implementation of their development plans4 programs4 ob5ectives and priorities 7o create their own sources of revenue 7o levy ta(es4 fees and charges which shall accrue e(clusively to their own use and disposition and which shall be retained by them 7o have a 5ust share in the national ta(es which shall be automatically and directly released to them without need of any further action 7o have an e@uitable share in the proceeds from the utilization and development of the national wealth and resources with their respective territorial 5urisdictions "evelop4 lease4 encumber4 alienate or otherwise dispose of real or personal property held by them in their proprietary capacity and to apply their
resources and assets for productive4 developmental or proprietary powers and functions and thereby ensure their development into selfAreliant communities and active participants in the attainment of national goals. L=6s have no power to ta( instrumentalities of the National =overnment4 e.g. PA=C-% 'undamental Principles governing the e(ercise of ta(ing and other revenueAraising powers of L=6s #. 7a(ation shall be uniform in all L=6s &. 7a(es4 fees4 charges and other impositions shall be e@uitable based as far as practicable on the ta(payerKs ability to pay) levied and collected only for public purpose) not un5ust4 e(cessive4 oppressive or confiscatory) and not contrary to law4 public policy4 national economic policy or in restrain of trade) $. collection of ta(es4 fees4 charges and other impositions shall not be left to any private person ,. revenue collected shall inure solely to the benefit and be sub5ect to the disposition by the L=64 unless specifically provided herein .. each L=6 shall evolve a progressive system of ta(ation. /(ercise by L=6 of the power to ta( is ordained by the Constitution) only guidelines and limitations that may be established by Congress can define and limits such power of local governments. Secretary of Eustice can review the constitutionality or legality of ta( ordinance and if warranted4 revo;e it on either grounds /(emption may be withdrawn at the pleasure of the ta(ing authority. /(ception? where the e(emption was granted to private parties based on material consideration of a mutual nature4 which then becomes contractual and is covered by the nonAimpairment clause of the Constitution. 'undamental Principles governing financial affairs4 transactions and operations of the local government? #. no money shall be paid out of the local treasury /PC/P7 in pursuance of appropriation ordinance or $a! &. local government funds and monies shall be spent solely for p%b$ic p%rpose 23
$. local revenue is generated only rom so%rces e7press$) a%t&orized b) $a! or ordinance and collection shall at all times be ac;nowledged properly ,. all monies officially received by a local government officer in an) capacit) shall be acco%nted or as $oca$ %nds unless otherwise provided by law .. tr%st %nds in the local treasury shall not be paid out e(cept in fulfillment of the purpose for which the trust was created or the funds received 3. every officer of the L=6 whose duties permit or re@uire the possession or custody of local funds shall be proper$) bonded and such officer shall be accountable and responsible for said funds and for safe;eeping 1. local governments shall formulate so%nd inancia$ p$ans and t&e $oca$ b%dgets shall be based on functions4 activities and pro5ects in terms of e(pected results 2. local budget plans and goals shall4 as far as practicable4 be &armonized !it& nationa$ development plans4 goals4 strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources 0. local budgets shall operationa$ize approved local development plans #J. L=6s shall ensure that theirs respective budget incorporate t&e re3%irements o t&eir component %nits and pro#ide or e3%itab$e a$$ocation of resources among those ##. national planning shall be based on $oca$ p$anning #&. isca$ responsibi$it) shall be shared by all those e(ercising authority over financial affairs4 transactions and operations of the L=6s #$. the L=6 shall endeavor to have a ba$anced b%dget in each fiscal year of operation /minent "omain A 7hrough chief e(ecutive and acting pursuant to an ordinance A 'or public purpose!use!welfare4 for the benefit of the poor and landless A Payment of 5ust compensation A >alid and definite offer has been previously made to the owners and such offer was not accepted A L=6 may immediately ta;e possession?
#. upon filing of the e(propriation and &. ma;ing a deposit with the proper court of at least #.H of the '+> of the property based on current ta( declaration of the property A Amount to be paid for the property shall be determined by proper court based on '+> at the time of 7AL*N= of the property. A Additional Limitations #. e(ercised by local chief e(ecutive4 pursuant to >AL*" ordinance &. public use or purpose or welfare4 for the benefit of the poor and landless $. after valid and definite offer has been made to and not accepted by the owner A Power of eminent domain is e(pressly granted to the municipality under the L=C A 8hat is re@uired by law is an -%"*NANC/4 not a resolution. -rdinance is a law while a resolution is merely a declaration of sentiment or opinion of a lawA ma;ing body on a specific matter $rd reading is needed for an ordinance4 not for a resolution unless decided otherwise by a ma5ority of the members of the Sanggunian %eclassification of Lands A City!municipality through ordinance passed after conducting public hearings A Authorize reclassification of agricultural lands A And provide for the manner of their utilization!disposition A =rounds? #. land ceases to be economically feasible and sound for agricultural purposes as determined by "epartment of Agriculture &. land shall have substantially greater economic value for residential4 commercial or industrial purposes4 as determined by the sanggunian A %eclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance? #. highly urbanized cities and independent component cities? #.H &. component cities and #st to $rd class municipalities? #JH $. ,th to 3th class of municipalities? .H Provided that agricultural land distributed to land reform beneficiaries shall not be affected by such reclassification. 21
Closure and -pening of %oads A Pursuant to an ordinance A Permanently or temporarily close or open any road4 alley4 par; or s@uare falling within its 5urisdiction A Provided4 in case of permanent closure4 ordinance must be approved by at least &!$ of all members of the sanggunian and when necessary4 an ade@uate substitute for the public facility shall be provided. A Additional limitations? #. ade@uate provision for the maintenance of public safety &. property may be used or conveyed for any purpose for which other real property may be lawfully used or conveyed but no freedom par;s shall be closed permanently without provision for its transfer or relocation to a new site. $. temporary closure may be made during an actual emergency4 fiesta celebration4 public rallies4 etc. A +unicipality has the authority to? #. prepare and adopt a land use map &. promulgate zoning ordinance $. close any municipal road A provincial roads and city streets are property for public use and under absolute control of Congress) they are outside commerce of man and cannot be disposed to private persons A Power to vacate is discretionary on the Sanggunian A 8hen properties are no longer intended for public use4 the same may be used or conveyed for any lawful purpose and may even become patrimonial and sub5ect to common contract. A City Council has the authority to determine whether or not a certain street is still necessary for public use. Local Legislative Power /(ercised by local sanggunian Products of legislative action #. ordinance prescribes permanent rule of conduct &. resolution temporary character) e(presses sentiment %e@uisites? #. not contravene the Constitution or statute
&. must not be unfair or oppressive $. must not be partial or discriminatory ,. must not prohibit but regulate trade .. must not be unreasonable 3. must be general in application and consistent with public policy Approval of -rdinances passed by SAN==6N*AN= PANLALA8*=AN4 SAN==6N*AN= PANL6N=S-"4 SAN==6N*AN= AOAN shall be approved by? #. the local chief e(ecutive4 affi(ing his signature on each and every page &. local chief e(ecutive vetoes the same and the veto is overridden by &!$ vote of all the members of the sanggunian. 7he local chief e(ecutive may veto only once. =rounds? #. ultra vires &. pre5udicial to the public welfare De may veto any particular item!s of an? #. appropriation ordinance &. ordinance!resolution adopting a development plan and public investment program $. ordinance directing the payment of money or creating liability 7he veto shall not affect the item!s not ob5ected to. 7he veto shall be communicated by the local chief e(ecutive to the sanggunian w!in #. days in case of a province w!in #J days in case of a municipality -therwise4 the ordinance shall be deemed approved4 as if signed =rant of veto power accords the +ayor the discretion whether or not to approve the resolutionG signature on the resolution is N-7 ministerial duty of the +ayor. -rdinance enacted by the sangguniang barangay shall4 upon approval by a ma5ority of all its members4 be signed by the punong barangay no veto power. %eview by Sangguniang Panlalawigan w!in $ days from approval4 the secretary of the sangguniang panlungsod 9in component cities: or sangguniang bayan shall forward to the sangguniang panlalawigan for review copies of approved ordinances and resolutions. 22
Sangguniang panlalawigan shall review the same w!in $J days *f it finds that it is beyond the power of the sangguniang panlungsod!sangguniang bayan4 it shall declare the ordinance!resolution invalid. *f no action is ta;en w!in $J days4 it is presumed consistent w! law and valid. %eview of arangay -rdinance w!in #J days from enactment4 the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan for review. *f the reviewing sanggunian finds that it is inconsistent with law or city or municipal ordinances4 the sangguniang concerned4 shall within $J days return the same with its comments and recommendations to the sangguniang barangay for ad5ustment4 amendment or modification. 7he effectivity of the ordinance is suspended. *f no action is ta;en by the reviewing sangguinan within $J days4 the ordinance is deemed approved. /nforcement of "isapproved -rdinance!%esolutions Attempt to enforce an ordinance or resolution approving the local development plan and public investment program4 after disapproval4 shall be sufficient ground for the suspension or dismissal of the official or employee concerned. /ffectivity o 6nless otherwise stated in the ordinance!resolution4 the same shall ta;e effect A'7/% #J "AOS from the "A7/ A C-PO *S P-S7/" *N 7D/ 6LL/7*N -A%" at the entrance of the provincial capitol or city4 municipal or barangay hall4 and in at least & other conspicuous places in the L=6. o =ist of all ordinance 8! P/NAL SANC7*-NS shall be P6 L*SD/" in a newspaper of general circulation within the province where the local legislative body belongs) absence of newspaper of general circulation4 P-S7*N= shall be made in all municipalities and cities of the province where the sanggunian of origin is situated.
o *n highly urbanized and independent component cities4 the main features of the ordinance or resolution duly enacted shall4 P-S7/"4 P6 L*SD/" once in a local newspaper of general circulation within the city) if there is no such newspaper within the city4 then P6 L*CA7*-N shall be made in any newspaper of general circulation. Authority over Police 6nits As may be provided by law. Corporate Powers A L=6s shall en5oy full autonomy in the e(ercise of their proprietary functions and in the management of their economic enterprises #. Continuous succession in its corporate name &. 7o sue and be sued $. 7o have and use a corporate seal ,. 7o ac@uire and convey real or personal property .. Power to enter into contracts 3. 7o e(ercise such other powers as are granted to corporations4 sub5ect to limitations provided in the Code and other laws Continuous succession in its corporate name 7o sue and be sued Suit is commenced by the L-CAL /P/C67*>/4 upon authority of the SAN==6*N*AN e(cept when the C*7O C-6NC*L-%S4 by themselves and as representatives of or on behalf of the City bring the action to prevent unlawful disbursement of City funds. +unicipality cannot be represented by a private attorney. -nly the Provincial 'iscal or the +unicipal Attorney. 7his is mandatory. /(ception? when the Provincial 'iscal is dis@ualified to represent it and the fact of dis@ualification appears on record. 'iscalKs refusal to represent the municipality is not a legal 5ustification. 7he +unicipality should re@uest "-E Secretary to appoint an Acting Provincial 'iscal 20
7he legality of the representation of an unauthorized counsel may be raised at any stage of the proceeding. +unicipal Attorney may validly adopt the wor; already performed by a private lawyer provided that no in5ustice is committed against the adverse party and that no compensation has been paid to the private counsel. 7o have and use a corporate seal 6se4 modify or change corporate seal Any change shall be registered with "*L= 7o ac@uire and convey real or personal property L=6 may ac@uire real or personal4 tangible or intangible property in any manner allowed by law. L=6 may only alienate patrimonial property4 upon proper authority Absence of proof that the property was ac@uired through corporate or private funds4 the presumption is that it came from the State4 thus4 governmental or public property. 7own plazas are properties of public domain) they may be occupied temporarily but only for the duration of an emergency Public Plaza is beyond the commerce of man and cannot be the sub5ect of lease or other contractual underta;ing Public streets or thoroughfares are property for public use4 outside the commerce of man and may not be the sub5ect of lease or other contracts Procurement of supplies is made through public competitive bidding o /(ception? amount is minimal Power to enter into contracts %e@uisites of >alid +unicipal Contracts #. L=6 has the e(press4 implied or inherent power to enter into the particular contract &. 7he contract is entered into by the proper department4 board4 committee4 officer4 or agent. o 6nless otherwise provided4 no contract may be entered into by the local chief e(ecutive without prior authorization by the sangguinian concerned. $. comply with substantive re@uirements ,. comply with formal re@uirements
6ltra >ires Contracts? contracts entered into without compliance with first and third re@uisites ultra vires and void. Cannot be ratified or validated. %atification of defective municipal contracts is possible only when there is nonAcompliance with the &nd and!or ,th re@uisite. "oes not provide that the absence of an appropriation ordinance ipso facto ma;es a contract entered into by a L=6 null and void. Public funds may be disbursed not only pursuant to an appropriation law4 but also pursuant of other specific statutory authority. Police power prevails over nonAimpairment clause. reach of contractual obligations city liable for damages Authority to negotiate and secure grants Local chief e(ecutive upon authority of the sangguinian Negotiate and secure financial grants or donations in ;ind *n support of the basic services and facilities in Section #1 'rom local and foreign assistance agencies 8ithout necessity of securing clearance or approval from any department4 agency4 or office of the national government or from any higher L=6 Provided4 pro5ects financed by such grant or assistance with national security implications shall be approved by the national agency concerned.
Attaches even if the road does not belong to the L=64 provided that the City e(ercises control or supervision over said road. &. Article &#2J4 CC? 7he State is responsible when it acts through special agents $. Article $,4 CC? 7he L=6 is subsidiarily liable for damages suffered by a person by reason of the 'A*L6%/ or %/'6SAL of a member of the P-L*C/ '-%C/ to render aid and protection in case of danger to life and property. Liability for 7ort decisions P%*-% to L=C #. if a L=6 is engaged in =->/%N+/N7AL functions4 it is N-7 liable &. if a L=6 is engaged in proprietary function4 it is liable City is liable for the tortuous acts of its employees under the principle of respondeat superior $. Liability for illegal dismissal of employee Absent proof of malice or bad faith which attended the illegal dismissal cannot be held personally accountable +unicipal corporation4 whether or not included in the complaint for recovery of bac; salaries due to wrongful removal from office is liable ,. Local officials may be held personally liable Acted beyond the scope of their authority and with bad faith +ust be sued in their personal capacity 8hen they act maliciously and wantonly and in5ure individuals rather than discharged a public duty4 they are personally liable. Liability for >iolation of the Law #. closed part of a municipal street without indemnification liable for damages &. nonApayment of minimum wage to employees $. refusal to abide by the 7%Liability for Contracts #. %ule? A municipal corporation4 li;e an ordinary person4 is liable on a contract it enters into4 provided that the contract is intra vires. *f the contract is utra vires4 the municipal corporation is not liable. &. a private indivisual who deals with a municipal corporation is imputed constructive ;nowledge of 0J
7o e(ercise such other powers as are granted to corporations4 sub5ect to limitations provided in the Code and other laws III. -UNICIPAL LIA/ILIT6 %ule? L=6s and their officials are N-7 e(empt from liability for "/A7D or *NE6%O to persons or "A+A=/ to property Specific Provisions +a;ing L=6s liable? #. Article &#204 CC? 7he L=6 is liable in damages for death or in5uries suffered by reason of the "/'/C7*>/ C-N"*7*-N of roads4 streets4 bridges4 public buildings and other public wor;s.
the e(tent of the power o authority of the municipal corporation to enter into contracts. $. ordinarily4 estoppel does not lie against the municipal corporation. ,. "octrine of *mplied +unicipal Liability? a municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract. Applies to all cases where money or property of a party is received under such circumstances that the general law4 independent of an e(press contract4 implies an obligation to do 5ustice with respect to the same. Cannot set up plea that it is ultra vires but still retain the benefits. /Stoppel cannot be applied against a municipal corporation in order to validate a contract which the municipal corporation has no power to ma;e or which it is authorized to ma;e only under prescribed limitations or in a prescribed mode or manner even if the municipal corporation has accepted benefits. *f a suit is filed against a local official which could result in personal liability4 the latter may engage the services of private counsel. I*. LOCAL O++ICIALS Provisions applicable to elective and appointive local officials #. Prohibited usiness and Pecuniary *nterest 6nlawful for any local government official!//4 directly or indirectly4 to? #. engage in any business transaction with the L=6 which he is an official or employee or over which he has the power of supervisions &. hold such interest in any coc;pit or other games licensed by the L=6 $. purchase any real estate or other property forfeited in favor of the L=6 for unpaid ta(es or by virtue of legal process at the instance of L=6 ,. be a surety for any person contracting or doing business with the L=6 for which a surety is re@uired .. possess or use any public property of the L=6 for private purpose 3. prohibitions and inhibitions prescribed in %A 31#$ 0#
&. Practice of Profession #. =->/%N-%S4 C*7O and +6N*C*PAL +AO-%S are prohibited from practicing their profession or engaging in any occupation other than the e(ercise of their function. &. SAN==6N*AN +/+ /%S may practice their profession4 engage in any occupation4 or teach in schools /PC/P7 during session hours. Provide that those who are also +/+ /%S of the A% shall N-7? #. appear as counsel before any court in any civil case wherein the L=6 is the adverse party &. appear as counsel in any criminal case wherein an officer or // of the national or local government is accused of an offense committed in relation to his office $. collect any fee for their appearance in administrative proceedings involving the L=6 ,. use property and personnel of the government e(cept when the sanggunian member is defending the interest of the government. Prohibition against private practice4 if such practice represents interests adverse to the government. $. "-C7-%S of medicine may practice their profession even during -''*C*AL D-6%S of wor; only on occasions of emergency. Provided they do not derive monetary compensation. $. Prohibition Against Appointment #. not eligible for appointment!designation in any capacity to any public office!position during his tenure. Shall not hold any other office or employment in the government4 unless otherwise allowed by law or the primary functions of the office. &. no candidate who lost in any election shall4 within one year after such election be appointed to any office in the government /(cept? losing candidates in barangay elections /lective Local -fficials <ualifications #. C*7*N/NS of the Philippines &. %/=*S7/%/" >-7/% in municipality4 city4 province
the
barangay4
or in case of a member of the Sangguniang Panlalawigan4 Panlungsod or ayan the district where he intends to be elected. $. %/S*"/N7 therein for at least # year immediately preceding the election ,. able to read and write 'ilipino or any other local language or dialect .. on election day4 must be at least &. governor4 viceAgov4 members of the sangguniang panlalawigan4 mayor4 viceAmayor or members of the sangguniang panlungsod of highly urbanized cities &# mayor4 viceAmayor of independent component cities4 component cities or municipalities #2 members of the sangguniang panlungsod or sangguniang bayan or punong barangay or member of the sangguiniang barangy At least #. but not more than &# sangguniang ;abataan Bnot more than &#C is not e@uivalent to Bless than &&C "is@ualifications #. sentenced by final 5udgment for an offense involving moral turpitude or for an offense punishable by # year or more of imprisonment within & years after serving sentence &. removed from office as a result of administrative case $. convicted by final 5udgment for violating the oath of allegiance to the %epublic ,. dual citizenship .. fugitives from 5ustice in criminal or nonA political cases here or abroad 3. permanent residents in a foreign country or those who have ac@uired the right to reside abroad and continue to avail of the same right after the effectivity of the Code 1. insane or feebeleAminded /L/C7*>/ L-CAL -''*C*AL removed via administrative case before Eanuary #4 #00& 9date of effectivity of the L=C: is N-7 dis@ualified. +anner of /lection 0&
#. =overnor4 >iceA=overnor4 City or +unicipal +ayor4 City or +unicipal >iceA+ayor and Punong arangay elected at large &. Sangguniang Labataan Chairman elected by registered voters of the ;atipunan ng ;abataan $. %egular +embers of the Sangguniang Panlalawigan4 Panlungsod and ayan elected by district. ,. Presidents of the leagues of Sangguinang +embers of component cities and municipalities serve as e(Aofficio members of the sangguniang panlalawigan .. Presidents of the Liga ng mga arangay and Pederasyon ng mga Sangguniang Labataan elected by their respective chapters serve as e(Aofficio members of the sangguniang panlalawigan4 panlungsod or bayan. 3. # sectoral representative from women4 wor;er and any of the ff? a. 6rban poor b. *ndigenous cultural communities c. "isabled persons d. Any other sectors as may be determined by the sanggunian concerned w!in 0J days prior to the holding of the ne(t local election. "ate of /lection /very $ years &nd +onday of may 6nless otherwise provided by law 7erm of -ffice $ years starting from noon of Eune $J4 #00& -% such date as may be provided by law /(cept that of barangay official No elective local official shall serve for more than $ consecutive terms in the same position 7erm of barangay officials and members of the sangguniang ;abataan . years A $Aterm limit on a local official is to be understood to refer to terms for which the official concerned was elected. A De must have been elected to the same position for the same number of times before the dis@ualification can apply. A Prohibited election refers to the ne(t regular election for the same office following the end of the
third consecutive term. Any subse@uent election4 li;e a recall election4 is no longer covered by the prohibition? #. subse@uent election li;e a recall election is no longer an immediate reAelection after three consecutive terms &. intervening period constitutes an involuntary interruption in the continuity of service %ules on Succession A Permanent vacancies? #. fills a higher vacant office &. refuses to assume office $. fails to @ualify ,. dies .. removed from office 3. voluntarily resigns 1. permanently incapacitated to discharge the functions a. =overnor!+ayor >iceA=overnor!>iceA+ayor b. >iceA=overnor!>iceA+ayor highest ran;ing sanggunian member -% &nd highest ran;ing4 and subse@uent vacancies shall be filled automatically by the other sanggunian members according to their ran;ing %an;ing in the sanggunian member shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding election. +ode of succession for permanent vacancies may also be applied in cases of temporary vacancies. c. Punong arangay highest ran;ing sanggunian barangay member -% &nd highest 7ie between or among the highest ran;ing sanggunian members shall be resolved by drawing lots. d. Sanggunian member where automatic succession do not apply? #. appointment by P%/S*"/N74 through /(ecutive Secretary in the case of Sangguniang Panlalawigan or Panlungsod of highly urbanized cities and independent component cities &. apponted by =->/%N-% sangguniang panlungsod of component cities and the sangguniang bayan 0$
$. appointed by C*7O or +6N*C*PAL +AO-% sangguniang barangay upon recommendation of the sangguniang barangay concerned /PC/P7 for the sangguniang barangay4 only the nominee of the political party under which the sanggunian member concerned had been elected and whose elevation to the position ne(t higher in ran; created the last vacancy in the sanggunian shall be appointed. A nomination and a certificate of membership of the appointee from the highest official of the political concerned are conditions sine @ua non. *n case the permanent vacancy is caused by a sanggunian member who does not beling in any political party4 the local chief e(ecutive shall upon recommendation of the sangguinian concerned4 shall appoint a @ualified person to fill the vacancy. %eason? to maintain party representation %ecommendation by the sanggunian ta;es the place of nomination by the political party 9since members of the sanggunian barangay are prohibited to have party affiliation: and is considered condition sine @ua non. >acancy in the representation of the youth and the barangay in the sanggunian filled automatically by the official ne(t in ran; of the organization concerned. +ember of the Sangguniang Labataan who obtained the ne(t highest number of votes shall succeed as Chairman if the latter? #. refuses to assume office &. fails to @ualify $. convicted of a crime ,. voluntarily resigns .. dies 3. permanently incapacitated 1. removed from office 2. has been absent without leave for more than $ consecutive months S ineligibility is not one of the causes enumerated in L=C 7emporary >acancies =overnor!City or +uncipal +ayor!Punong arangay is temporarily incapacitated4 due to but not limited to? #. leave of absence &. travel abroad
$. suspension from office vice governor!city or municipal viceAmayor or the highest ran;ing sanggunian barangay member shall automatically e(ercise the powers and perform the duties /PC/P7? #. power to appoint &. power to suspend $. power to dismiss S which can be e(ercised only if the period of temporary incapacity e(ceeds $J wor;ing days. A 7emporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration that he has reported bac; to office. A *f temporary incapacity due to legal causes shall also submit necessary documents showing that legal cause no longer e(ists. *f local chief e(ecutive traveling within the country but outside his territorial 5urisdiction for a period not e(ceeding $ consecutive days4 he may designate in writing the officerAinAcharge of the office. A Such shall specify the powers and functions A *f the local chief e(ecutive refuses to issue such authorization4 the vice governor!city or municipal viceAmayor or the highest ran;ing sanggunian barangay member shall have the right to assume on the ,th day of the absence of the local chief e(ecutive /PC/P7 #. power to appoint &. power to suspend $. power to dismiss Compensation determined by the Sanggunian concerned elective barangay official? #. honoraria &. allowances and other emoluments4 which in no case less that P#4JJJ!month for the punong barangay and P3JJ for the sangguniang barangay members /lective local officials entitled to the same leave privileges as those en5oyed by appointive local officials4 including cumulation and commutation %esignation 0,
A deemed effective upon acceptance by the ff? #. President governor!viceAgov!mayor!viceA mayor of highly urbanized cities and independent component cities &. =overnor municipal mayors!viceAmayors!city mayors!viceAmayors of component cities $. Sanggunian concerned sanggunian members ,. city or municipal mayor barangay officials A resignation is deemed accepted if not acted upon within #. wor;ing days from receipt A irrevocable resignations by sanggunian members shall be deemed accepeted upon #. presentation before an open session &. duly entered un its record $. /PC/P7? where sangguniang members are sub5ect to recall elections or to cases where e(isting laws prescribe the manner of acting upon such resignations. =rievance Procedure A Local chief e(ecutive shall establish procedure "iscipline =rounds disciplined!suspended!removed #. "isloyalty to the Philippines &. Culpable violation of the Constitution $. "ishonesty4 oppression4 misconduct in office4 gross negligence4 or dereliction of duty A Acts of lasciviousness cannot be considered misconduct) to constitute a ground for disciplinary action4 official charged with the offense must be convicted in the criminal action ,. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor .. abuse of authority 3. unauthorized absence of #. consecutive wor;ing days e(cept in the case of members of the sangguniang panlalawigan4 panlungsod4 bayan and barangay 1. application for4 or ac@uisition of4 foreign citizenship or residence or the status of an immigrant of another country 2. other grounds as may be provided in this code and other laws
A An elective local official may be removed from office on the above grounds by order of the proper court. Complaints verified complaint against) #. provincial!highly urbanized city or independent component city elective official filed before -ffice of the President &. /lective municipal officials filed before Sangguniang Panlalawigan appealable to -ffice of the President $. /lective barangay official filed before Sangguiniang Panlungsod or Sangguniang ayan final and e(ecutory P%->*NC*AL!D*=DLO 6% AN*N/" C*7O -% *N"/P/N"/N7 C-+P-N/N7 C*7O /L/C7*>/ -''*C*AL '*L/" /'-%/ -''*C/ -' 7D/ P%/S*"/N7 A Local governments under supervision of the /(ecutive. A 7he Constitution allows Congress to include in L=C provisions for removal of local officials) L=C has delegated its e(ercise to the President. A President has delegated the power to investigate complaints to the Secretary of "*L= alter ego principle A %ight to formal investigation appeal and defend himself in person or by counsel) confront witnesses against him) compulsory process for the attendance of witnesses and the production of documents. /L/C7*>/ +6N*C*PAL -''*C*ALS '*L/" /'-%/ SAN==6N*AN= PANLALA8*=AN APP/ALA L/ 7-''*C/ -' 7D/ P%/S*"/N7 A -n appeal from decision of the Sanggunian Panlalawigan4 the President may stay e(ecution of appealed decision A "ecision of Sanggunian Panlalwigan must be? #. in writing &. state clearly and distinctly the facts and the reasons for the decisions $. signed by the re@uisite ma5ority of the sanggunian 0.
/L/C7*>/ A%AN=AO -''*C*AL '*L/" /'-%/ SAN==6*N*AN= PANL6N=S-" -% SAN==6N*AN= AOAN '*NAL AN" /P/C67-%O Preventive Suspension may be imposed by the P%/S*"/N74 =->/%N-% or +AO-% A any time after the issues are 5oined A evidence of guilt is strong A given the gravity of the offense A there is great probability that the continuance in office could influence the witnesses or pose threat to the safety and integrity of the records and other evidence A Provided4 single preventive suspension shall not e(tend beyond 3J days A *n the event that several administrative cases are filed4 he cannot be suspended for more than 0J w!in a single year on the same ground or grounds e(isting and ;nown at the time of the first suspension. A Authority to preventively suspend is e(ercised concurrently by the -mbudsman si( 93: months A 7he preventive suspension of an elective local official by the Sandiganbayan shall only be for 3J days and not 0J days. A 6pon e(piration of preventive suspension4 officer shall be %/*NS7A7/" to office without pre5udice to the C-N7*N6A7*-N -' 7D/ P%-C//"*N=S which shall be terminated within #&J days from the time he was formally notified of the case against him. A Abuse of e(ercise of power of preventive suspension abuse of authority Penalty A Penalty of suspension shall not e(ceed his une(pired term or a period of 3 months for every administrative offense A Nor shall penalty be a bar to candidacy as long as he meets re@uirements A Penalty of removal from office as a result of an administrative case shall be a bar to the candidacy for any elective office. A Not more than 3 months for each offense) provide4 the total does not e(ceed the une(pired portion of his term
Administrative Appeal w!in $J days from receipt #. to Sangguniang Panlalawigan component citiesK sangguniang panlungsod and sangguniang bayan &. to -P Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized cities and independent component cities A decisions of -P final and e(ecutory A administrative appeal to -P is possible) only means that administrative appeal will not prevent enforcement of the decision /(ecution Pending Appeal A appeal shall not prevent decision from being e(ecuted A during pendency of appeal shall be considered as having been placed under preventive suspension A -P may stay e(ecution of a decision pending appeal /ffect of %eAelection A ars continuation of administrative case against him A %eAelection is tantamount to condonation by the people Appointive Local -fficials %esponsibility for human resources and development A Local chief e(ecutive A +ay employ emergency or casual employees or laborers paid on daily wage or piecewor; basis and hired through 5ob orders for local pro5ects authorized by sanggunian4 without need of approval from CSC A Said employment shall not e(ceed 3 months. -fficials Common to +unicipalities!Cities!Provinces #. Secretary to the Sanggunian &. 7reasurer $. Assessor ,. Accountant .. udget -fficer 3. Planning and "evelopment Coordinator 1. /ngineer 2. Dealth -fficer all
0. Civil %egistrar #J. Administrator ##. Legal -fficer #&. Agriculturist #$. Social 8elfare and "evelopment -fficer #,. /nvironment and Natural %esources -fficer #.. Architect #3. *nformation -fficer #1. Cooperatives -fficer #2. Population -fficer #0. >eterinarian &J. =eneral Services -fficer A *n the barangay4 mandated appointive officials? #. arangay Secretary &. arangay 7reasurer Administrative "iscipline in accordance with civil service law and other pertinent laws #. Preventive Suspension A Local chief e(ecutive A Period not e(ceeding 3J days A Any subordinate officer or employee under his authority A Pending investigation A *f the charge involves? #. dishonesty &. oppression $. grave misconduct ,. neglect in the performance of duty .. or if there is reason to believe that respondent is guilty of the charges which would warrant removal &. "isciplinary Eurisdiction A Local chief e(ecutive may impose penalty of ? #. removal &. demotion in ran; $. suspension for not more than # year without pay ,. fine in an amount not e(ceeding 3 monthsK salary .. reprimand A *f penalty is suspension without pay for not more than $J days4 decision shall be final. A *f heavier4 appealable to CSC which shall decide the appeal within $J days from receipt. A "isciplinary authority over City %evenue -fficer City 7reasure N-7 +ayor. *. INTER2GO*ERN-ENTAL RELATIONS 03
National =overnment Power of =eneral Supervision A President over L=6s A Supervisory authority directly over provinces4 highly urbanized cities and independent component cities. A 7hrough the Province with respect to component cities and municipalities A 7hrough City and +unicipality with respect to barangays Coordination with National Agencies A National agencies and offices with pro5ect implementation functions shall coordinate with one another and with the L=6 A /nsure participation of L=6 in planning and implementation of national pro5ects. Consultation A efore pro5ect or program shall be implemented? #. consultation &. prior approval of sanggunian A Provided4 occupants in areas where such pro5ects are to be implemented shall not be evicted unless appropriate relocation sites have been provided. Philippine National Police A -perational supervision of local chief e(ecutive police force4 fire protection unit and 5ail management personnel *nterALocal =overnment %elations A Province through =overnor /nsure that every component city and municipality within its territorial 5urisdiction acts within the scope of its prescribed powers Dighly urbanized cities and independent component cities shall be independent of the province. =overnor shall review a) /os promulgated by the component city or municipal mayor within its 5urisdiction. 7he city or municipal mayor shall review all /-s promulgated by the punong barangay within his 5urisdiction. 01
'ailure to act w!in $J days from submission deemed consistent with law and therefore valid. A *n the absence of a municipal legal officer4 municipal government may secure opinion of provincial legal officer) absence of the latter4 provincial prosecutor. A City or +unicipal +ayor e(ercise general supervision over component barangays A L=6s may through appropriate ordinance group themselves4 consolidate or coordinate their efforts!services!resources for purposes commonly beneficial to them. Contribute fund upon approval by sanggunian after public hearing PeopleKs and NonA=overnmental -rganizations L=6Ks shall promote their establishment to become active partners in the pursuit of local autonomy. L=6s may enter into 5oint ventures and other cooperative arrangements with PeopleKs and NonA =overnmental -rganizations to engage in the delivery of basic services. L=64 through local chief e(ecutive with concurrence of sanggunian4 provide assistance financial or otherwise to PeopleKs and NonA =overnmental -rganizations for economic4 sociallyAoriented4 environmental or cultural pro5ects to be implemented within its territorial 5urisdiction. +andated Local Agencies #. Local School oard &. Local Dealth oard $. Local "evelopment Council ,. Local Peace and -rder Council Settlement of oundary "isputes #. oundary "isputes between and among L=6s Settled amicably %ules a. *nvolving & or more barangays in the same city!municipality referred to Sangguniang Panlungsod or Sangguniang ayan b. *ncolving & or more municipalities in the same province referred to Sangguniang Panlalawigan c. *nvolving municipalities or component cities in different provinces 5ointly referred to the sanggunians of the provinces
d. *nvolving a component city or municipality on the one hand and a highly urbanized city on the other4 or & or more highly urbanized cities 5ointly referred to the respective sanggunians of the parties &. Sanggunian fails to effect a settlement within 3J days from the date the dispute was referred to it4 it shall issue a certification. $. "ispute shall then be formally tried by the sanggunian4 which shall decide the issue within 3J days from the date of the certification. ,. within the time and manner prescribed by the %-C4 any party may elevate the decision of the sanggunian concerned to the proper %7C having 5urisdiction over the area in dispute which shall decide the appeal within # year from filing. .. Settlement of boundary dispute between a municipality and an independent component city in the same province %7C in the province that can ad5udicate the controversy. 3. 7he boundaries must be clear for they define the limits of the territorial 5urisdiction of the L=6. *t can legitimately e(ercise powers of government only within the limits of its territorial 5urisdiction. eyond these limits4 its acts are ultra vires. *I. LOCAL INITIATI*E AN, RE+EREN,ULocal *nitiative *t is the legal process whereby the registered voters of a local government unit may directly propose4 enact or amend any ordinance. *t may be e(ercised by all registered voters. Procedure #. Petition filed with the sanggunian proposing the adoption4 enactment4 repeal or amendment of an ordinance Not less than &4JJJ registered voters in the region Not less than #4JJJ registered voters in cases of provinces and cities Not less than #JJ voters in case of municipalities Not less than .J voters in case of barangays &. *f no favorable action ta;en4 within $J days from presentation4 the proponents through their duly authorized and registered representatives4 may 02
invo;e their power of initiative4 giving notice to the sanggunian concerned. $. 7he proposition shall be numbered serially starting from %oman Numeral *. 7wo or more propositions may be submitted in an initiative. 7he C-+/L/C or designated representative shall e(tend assistance in the formulation of the proposition. ,. Proponents collect the re@uired number of signatures within 0J days in case of provinces and cities 3J days in case of municipalities $J days in case of barangays 'rom N-7*C/ .. 7he petition shall be signed before the election registrar or his representative4 in the presence if the a representative of a proponent and a representative of the sanggunian in a public place in the local government unit. 3. Lapse of the period4 C-+/L/C shall certify as to whether the re@uired the number of signatures has been obtained. 'ailure to obtain the re@uired number of signatures. 'ailure to obtain the re@uired number of signatures defeats the proposition. 1. *f re@uired number is obtained4 the C-+/L/C shall set a date for the initiative during which the proposition is submitted to the registered voters for their approval? w!in 3J days in case of provinces w!in ,. days in case of municipalities w!in $J days in case of barangays from date of C/%7*'*CA7*-N by C-+/L/C. 7he initiative shall be held on the date set4 after which the results shall be certified and proclaimed by the C-+/L/C. 2. *f the proposition is approved by a ma5ority of the votes cast4 it shall ta;e effect #. days after certification by the C-+/L/C. Limitations -n Local *nitiative #. not be e(ercised more than once a year &. e(tend only to sub5ects or matters which are within the legal powers of the sanggunian to enact $. at any time before the initiative is held4 the sanggunian adopts in toto the proposition presented and the local chief e(ecutive approves the same4 the
initiative shall be cancelled. Dowever4 those against such action may apply for initiative. -n the Sanggunian Any proposition or ordinance approved through an initiative and referendum shall not be repealed4 modified or amended by the sanggunian w!in 3 months from date of approval. Amended4 modified or repealed w!in $ years by a vote of all its members. *n case of barangays4 the period shall be #2 months after the approval. Local %eferendum Legal process whereby the registered voters of the L=6s may approve4 amend or re5ect any ordinance enacted by the sanggunian. 7he local referendum shall be held under the control and direction of the C-+/L/C? #. w!in 3J days in case of provinces &. w!in ,. days in case of municipalities $. w!in $J days in case of barangays C-+/L/C shall certify and proclaim the results of the said referendum. Authority of Courts Nothing shall preclude the proper courts from declaring null and void any proposition approved pursuant for violation of the Constitution or want of capacity of the Sanggunian concerned to enact said measure. *II. LOCAL GO*ERN-ENT UNITS 7he arangay Chief -fficials and -ffices 7here shall be in each barangay? #. P6N-N= A%AN=AO &. 1 SAN==6N*AN= A%AN=AO +/+ /%S $. 7he SAN==6N*AN= LA A7AAN CDA*%+AN ,. A%AN=AO S/C%/7A%O .. A%AN=AO 7%/AS6%/% 3. L6P-N= 7A=APA+AOAPA
7he Sangguniang arangay may form brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the barangay government. Punong arangay4 Sangguniang arangay +embers and members of the Lupong 7agapamayapa in each barangay shall be deemed as Persons in Authority in their 5urisdiction) while other barangay officials and members who may be designated by law or ordinance and charged with maintenance4 protection and security4 and any barangay members who comes to the aid of persons in authority shall be deemed agents of persons in authority. arangay Chairman is a public officer who may e charged with arbitrary detention. arangay Chairman entitled to possess and carry firearms within the territorial 5urisdiction of the barangay. 7he arangay Assembly Composed of? #. All persons who are actual residents of the barangay for at least 3 months4 &. #. years of age or over $. Citizens of the Philippines ,. "uly registered in the list of barangay assembly members +eet at least &( a year to hear and discuss the semestral report to the sangguniang barangay concerning its activities and finances and problems affecting the barangay. Latarungang Pambarangay Lupong 7agapamayapa Punong barangay as chairman #J to &J members Constituted every $ years Powers of the Lupon #. /(ercise administrative supervision over the conciliation panels &. +eet regularly once a month to provide a forum for e(change of ideas among its members and the public of matters relevant to the amicable settlement of disputes4 and to enable various conciliation panel members to share with one another their 00
observations and e(periences in effecting speedy resolution of disputes $. /(ercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance Pang;at ng 7agapag;asundo Conciliation panel or Pang;at ng 7agapag;asundo shall be constituted for each dispute brought before the lupon. Consists of $ members Chosen by the parties to the dispute 'rom list of members of the lupon Should the parties fail to agree on the pang;at membership4 the same shall be determined by lots drawn by the lupon chairman #. &. $. ,. Sub5ect +atter of Amicable Settlement procedure conciliation arbitration effects of settlement and arbitration award
7here shall be an organization of all the prederasyn ng mga sangguniang ;abataan? #. in municipalities pambayang pederasyon &. in cities panlungsod ng pederasyon $. in provinces panlalawigang pederasyon ,. special metropolitan political subdivision pangmetropolitang pederasyon .. on national level pambansang pederasyon
Leagues of Local =overnment 6nits!-fficials A Liga ng mga arangay -rganization of all the barangays for the primary purpose of determining the representation of the Liga in the sanggunians And for ventilating4 articulating and crystallizing issues affecting barangay government administration and securing4 through proper and legal means4 solutions. Liga is empowered to create such other positions as may be deemed necessary. League of +unicipalities -rganized for the primary purpose of ventilating4 articulating and crystallizing issues affecting municipal government administration4 and securing through proper and legal means4 solutions. 5II. ELECTION CONTESTS Eurisdiction over /lection Contests -riginal and /(clusive #. President!>P SC &. Senator Senate /7 $. %epresentative D%/7 ,. %egional!Provincial!City C-+/L/C .. +unicipal %7C 3. arangay +7C!+e7C Appellate "ecision of %7C!+7C!+e7C Q e(clusively to C-+/L/C4 whose decision shall be final4 e(ecutory and unappealable. /lection Contests for +unicipal -ffices? o 'iled with %7C shall be decided e(peditiously. o "ecision may be appealed to C-+/L/C w!in . days from promulgation or receipt of copy by the aggrieved party. #JJ
Sangguniang Labataan A Creation? 7here shall be in every barangay a Sangguniang Labataan #. a Chairman &. 1 +embers $. a secretary ,. a treasurer A An official who4 during his term of office4 shall have passed the age of &# shall be allowed to serve the remaining portion of the term for which he was elected. Latipunan ng Labataan Shall be composed of? #. all citizens of the Philippines actually residing in the barangay for at least 3 months &. who are #. but not more than &# years of age $. duly registered in the list of the sangguniang ;abataan or in the official barangay list in the custody of the barangay secretary. *t shall meet once every $ month4 or at the call of the sangguniang ;abataan chairman4 or upon written petition of at least #!&J of its members. Pederasyon ng mga Sangguniang Labataan
o C-+/L/C shall decide appeal within 3J days after it is submitted for decision4 but not later than 3 months after the filing of the appeal4 which decision shall be final4 e(ecutory and unappealable. o +% is a prohibited pleading. o C-+/L/C cannot deprive %7C of its competence to order /P/C67*-N of its decision P/N"*N= APP/AL4 being a 5udicial prerogative and there being no law disauthorizing the same. o *n the e(ercise of its e(clusive appellate 5urisdiction4 C-+/L/C has the power to issue writs of prohibition4 mandamus or certiorari. *n the absence of any e(press provision4 %7C4 a court of general 5urisdiction4 has 5urisdiction over controversies involving election of members of the Sangguniang Labataan. "ecision in appealed cases involving elective municipal and barangay officials raised to SC via SCA for certiorari on the ground that C-+/L/CKs factual finding is marred by grave abuse of discretion. %eview of a decision of the /lectoral 7ribunal is possible only in the e(ercise of supervisory or e(traordinary 5urisdiction4 and only upon showing that the 7ribunalKs error results from whimsical4 capricious4 unwarranted4 arbitrary or despotic e(ercise of power. Purposes of election contests cognizable by /lectoral 7ribunal D%/7 rules of procedure prevail over provisions of the -mnibus /lection Code Actions which may be 'iled #. /lection Protest &. <uo 8arranto /lection Protest %e@uisites? #. filed by any candidate who has filed a certificate of candidacy and has been vote upon for the same office. &. on grounds of fraud4 terrorism4 irregularities or illegal acts committed before4 during or after casting and counting of votes rights of contending parties must yield to the far greater interest of the citizens in upholding the sanctity of the ballot. #J#
C-+/L/C cannot simply close its eyes to the illegality of the ballots4 even if the protestant omitted to raise the ground in his protest. Dandwriting even without the use of e(perts) being an internal matter. -rder regarding the revision of ballots is an interlocutory order re@uires a party to perform certain acts leading to the final ad5udication of the case. =eneral %ule? 7he filing of an election protest or @uo warranto precludes the subse@uent filing of a preAproclamation controversy or amounts to an abandonment of one earlier filed4 depriving the C-+/L/C of the authority to in@uire into and pass upon the title of the protestee or the validity of the proclamation. o /(ceptions? #. oard of Canvassers was improperly constituted. &. <uo 8arranto is not the proper remedy. $. 8hat was filed was not really a petition for @uo warranto or an election protest but a petition to annul a proclamation ,. filing of an election contest was e(pressly made without pre5udice to the preAproclamation controversy or was made in ad cautelam .. proclamation was null and void 9in which case the preAproclamation case is not rendered moot: general denial does not amount to an admission of the material allegations in the protest. 'ailure to commence the revision of ballots in the counterAprotested precinctsK is deemed a waiver of his counterAprotest. -missions are merely administrative lapses4 error to nullify election results in the absence of clear showing of fraud. $. w!in #J days from proclamation of the results of the election period for filing election protest is suspended while preAproclamation case is pending. After . days from Proclamation files appeal in preAproclamation case only . days left to file election protest. C-+/L/C may not entertain a counterAprotest filed beyond the reglementary period to file the same
Petition or protest contesting the election of a barangay official should be decided by the +7C!+e7C w!in #. dyas from filing. Payment of "oc;et 'ees o Pay doc;et fee of :$JJ o Additional doc;et fees for damages o 'ailure to pay4 protest should be dismissed %e@uirement for Certificate of Absence of 'orum Shopping "eath of Protestant o "oes not e(tinguish election protest. o *mbued with public interest involves not only ad5udication of the private interest of the rival candidates but also the paramount need of dispelling once and for all the uncertainty that beclouds the real choice of the electorate with respect to who shall discharge the prerogatives of the office. o *f persons not real parties in interest in the action could be allowed to intervene4 proceedings will be unnecessarily complicated4 e(pensive and interminable. <uo 8arranto %e@uisites? #. filed by any registered voter in the constituency &. grounds of ineligibility or disloyalty to the %epublic $. w!in #J days from proclamation "istinction between <uo 8arranto in elective and appointive office #. /lective -ffice A *ssue is the eligibility of the officerAelect A Court!tribunal cannot declare protestant or the candidate who obtained the &nd highest number of votes as having been elected. 7here must be a final 5udgment of dis@ualification before the election in order that the votes of the dis@ualified candidate can be considered Bstray.C *n voting for a candidate who has not been dis@ualified by final 5udgment during election day4 the people voted for him bona fide4 without any intention to misapply their franchise and in the #J&
honest belief that the candidate was then @ualified to be the person to whom they would entrust the e(ercise of the power s of government. &. Appointive -ffice A *ssue is the legality of the appointment A 7he court determined who of the parties has legal title to the office /(ecution Pending Appeal 7C may grant a motion for e(ecution pending appeal4 because the mere filing of an appeal does not divest the trial court of its 5urisdiction. Since it had 5urisdiction to act on the motion at the time it was filed4 that 5urisdiction continued until the matter was resolved4 and was not lost by the subse@uent action of the opposing party. %ationale? to give as much recognition to the worth of the trial 5udgeKs decision as that which is initially ascribed by law to the proclamation of the oard of Canvassers4 7o prevent the Bgrab the proclamation4 prolong the protestC techni@ues. 'actors? o Public interest involved or will of the electorate o Shortness of the remaining portion of the term o Length of time that the election contest has been pending %easons allowing for immediate e(ecution must be of such urgency as to outweigh the in5ury or damage of the losing party should such party secure a reversal of 5udgment on appeal. 'iled before e(piration of the period for appeal. Award of "amages Actual and compensatory damages may be awarded in election contests and @uo warranto proceedings *ntent of the legislators to do away with the provisions indemnifying the victorious party for e(penses incurred in the election contest4 in the absence of a wrongful act or omission clearly attributable to the losing party. <uestion for damages remain ripe for ad5udication notwithstanding that the appeal from a decision of the election case has already been moot Contest
*nvolving title or claim of title to an elective office4 made before or after proclamation of the winner4 whether or not the contestant is claiming the office in dispute. /lection4 %eturns and <ualifications Collectively4 all matters affecting the validity of the contesteeKs title to the position /lection Conduct of the polls *ncludes #. listing of votes &. holding of election campaign $. casting of votes ,. counting of votes %eturns *ncludes? #. canvass of returns &. proclamation of winners $. @uestions concerning composition of Canvassers ,. authenticity of elections returns
o Not necessary that deadly weapon be seized from the accused. 3. 7ransfer or detail of government official!employee without C-+/L/C approval o /(ception? not penalized4 if done to promote efficiency. o 7o prove violation? a. 'act of transfer or detail within the election period as fi(ed by the C-+/L/C b. 7ransfer or detail was made without prior approval of the C-+/L/C =ood 'aith is not a defense o =enerally4 mala prohibita o Proof of criminal intent is not necessary o =ood faith4 ignorance4 or lac; of malice is not a defense Eurisdiction over /lection -ffenses *nvestigation and prosecution C-+/L/C has e(clusive 5urisdiction. +ay validly delegate to Provincial Prosecutor. *t is not the duty of the C-+/L/C to gather proof in support of a complaint. 7rial and "ecision %7C has e(clusive 5urisdiction to try and decide any criminal actions or proceedings for violation of election laws. 7he +7C and +e7C4 by way of e(ception4 e(ercises 5urisdiction only over offenses relating to failure to register or to vote. Preferential "isposition of /lection -ffenses *nvestigation and prosecution of election offenses shall be given priority by C-+/L/C. *nvestigating officer shall resolve the case w!in . days from submission. Courts shall give preference to election offenses over all other cases. o /(ception? writ of DC Cases shall be decided w!in $J days from submission. Prescription for election offenses o . years from date of commission GENERAL PRINCIPLES #J$
oard of
<ualifications may be raised in @uoAwarranto proceeding against proclaimed winner 5III. ELECTION O++ENSES Prohibited Acts #. >oteAbuying and voteAselling o "istribution of yosi 9People vs. 'errer: &. 8agering upon the result of the elections o et or wager forfeited to =overnment $. 7hreats4 intimidation4 terrorism4 use of fraudulent device or other forms of coercion ,. Appointment of new employee o /(ception? a. *n case of urgent need b. w! notice given to C-+/L/C c. w!in $ days from appointment o *ncludes creation of new positions4 promotion or granting of salary increase. .. Carrying of deadly weapon within a radius of #JJ meters from precint
Administrative Law A ranch of public law which? 'i(es the organization "etermines the competence of administrative authorities *ndicates to the individual remedies for the violation of his rights. Linds #. Statutes &. %ules4 regulations or orders $. "eterminations4 decisions and orders ,. ody of doctrines and decisions Administration #. as a 'unction the e(ecution4 in nonA5udicial matters4 of the law or will of the State as e(pressed by competent authority &. as an -rganization group or aggregate of persons in whose hand the reins of government are for the time being. Linds #. *nternal legal side of public administration &. /(ternal deals with problems of government regulation Administrative odies or Agencies A -rgan of government which affects the rights of private parties either through ad5udication or ruleA ma;ing. A Creation #. constitutional provision &. legislative enactment $. authority of law A Criterion primarily regulatory on its ruleAma;ing authority it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law. A 7ypes #. offering some gratuity4 grant or special privilege &. carry on certain of the actual business of the government $. performing some business service for the public ,. regulate business affected with public interest .. regulate private business and individuals4 pursuant to police power #J,
3. ad5ust individual controversies because of strong social policy involved 1. ma;e the government a private party **. P-8/% -' A"+*NS*7%A7*>/ -"*/S Powers of Administrative odies #. <uasiAlegislative or ruleAma;ing power &. <uasiA5udicial or ad5udicatory $. "eterminative <uasiALegislative Power /(ercise of delegated legislative power *nvolves no discretion as to what the law shall be 'i( the details in the e(ecution or enforcement of a policy %ules and regulations issued by administrative authorities pursuant to powers delegated to them have the force and effect of law o 7hey are binding on all persons sub5ect to them o Courts will ta;e 5udicial notice Letters of *nstructions and /os are presidential issuances) one may repeal or alter4 modify or amend the other4 depending on which comes later. 7he function of promulgating rules and regulations may be legitimately e(ercised only for the purpose of carrying out the provisions of the law into effect. Administrative regulations cannot e(tend the law or amend a legislative enactment. Administrative regulations must be in harmony with the provisions of law. *t must not override4 but must remain consistent with the law they see; to apply and implement. Administrative agency has no discretion whether or not to implement a law. *ts duty is to enforce the law. Administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of =overnment. Linds of Administrative %ules or %egulations #. Supplementary or "etailed Legislation 'i( the details in the e(ecution and enforcement of a policy set out in the law. &. *nterpretative Legislation
Construe or interpret the provisions of a statute to be enforced inding on all concerned until they are changed /ffect of law and are entitled to respect Dave in their favor presumption of legality /rroneous application of the law by public officers does not bar subse@uent correct application of the law $. Contingent Legislation +ade on the e(istence of certain facts or things upon which the enforcement of law depends. %e@uisites for >alidity #. *ssued under authority of law &. 8ithin the scope and purview of the law $. %easonable ,. Publication in the -= or in a newspaper of general circulation *nterpretative rules and regulations!mere internal in nature! letters of instructions concerning the rules and guidelines to be followed by their subordinates in the performance of their duties may simply be P-S7/" in C-NSP*C6-6S PLAC/S in the A=/NCO. "-L/ "epartment -rder and P-/A +emorandum Circulars proper publication R filing in the -ffice of the National Administrative %egister 9Article . of LC: Administrative %ules with Penal Sanctions 9additional re@uisites: #. law itself must declare as punishable the violation of the administrative rule or regulation &. law should define or fi( the penalty for the violation of the administrative rule or regulation Necessity for Notice and Dearing N- constitutional re@uirement for a hearing? #. promulgation of a general regulation &. rule is procedural $. merely legal opinions ,. substantive rules where the class to be affected is large and the @uestions to be resolved involve the use of discretion committed to the ruleAma;ing body Dearing %e@uirement? #J.
#. subordinate legislation4 designed to implement a law by providing details &. substantially adds to or increase the burden of those concerned $. e(ercise of @uasiAlegislative authority 'unction of Prescribing %ates by an Administrative Agency may either be? Legislative 'unction? prior notice and hearing is not a re@uirement 8here the rules and rates are meant to apply to ALL enterprises of a given ;ind throughout the country4 they may parta;e of a legislative character Ad5udicative 'unction? prior notice and hearing are essential to the validity 8here the rules and rates are meant to apply e(clusively to a particular party4 then its function is @uasiA5udicial in character 8here hearing is indispensable4 it does not preclude the oard from ordering4 e(Aparte4 a provisional increase sub5ect to its final disposition of whether or not to ma;e it permanent4 to reduce or increase it further or to deny the application. 9+aceda vs. /nergy %egulatory oard: "eterminative Powers #. "irecting Power of assessment of *% and Customs &. /nabling Permit or to allow something which the law underta;es to regulate $. "ispensing 7o e(empt from a general prohibition -% %elieve individual or corporation from an affirmative duty ,. /(amining *nvestigatory power #. production of boo;s4 papers4 etc. &. attendance of witnesses $. compelling their testimony Power to compel attendance of witnesses not inherent in administrative body ut an administrative officer authorized to ta;e testimony or evidence is deemed authorized to administer oath4 summon witnesses4 re@uire production of documents4 etc.
Power to punish contempt must be e(pressly granted to the administrative body) when granted4 may be e(ercised only when administrative body is actually performing @uasiA5udicial functions .. Summary Power to apply compulsion or force against persons or property to effectuate a legal purpose without a 5udicial warrant to authorize such action <uasiAEudicial or Ad5udicatory Powers A Proceedings parta;e of the character of 5udicial proceedings A Administrative due process #. right to hearing &. tribunal must consider evidence presented $. decision must have something to support itself ,. evidence must be substantial .. decision must be based on the evidence adduced at the hearing or at least contained in the record and disclosed to the parties 3. the oard or Eudges must act on its or independence consideration of the facts and the law of the case4 and not simply accept the views of a subordinate in arriving at a decision 1. decision must be rendered in such a manner that the parties to the controversy can ;now the various issues involved and the reasons for the decision rendered A *n forfeiture proceeding4 where the owner of the allegedly prohibited article is ;nown4 mere posting of the notice of hearing in the ulletin oard does not constitute compliance. A "ue process demands that the person be duly informed of the charges against him. De cannot be convicted of an offense with which he was not charged. Party be afforded reasonable opportunity to be heard and to submit any evidence he may have in support of the defense. *n administrative proceedings4 it means the opportunity yto e(plain oneKs side or opportunity to see; a reconsideration of the action or ruling complained of) a formal or trialAtype hearing is not4 at all times4 necessary. %e@uirement of notice and hearing in termination cases does not connote full adversarial proceedings4 as actual adversarial proceedings become necessary only for clarification or when #J3
there is a need to propound searching @uestions to witnesses who give vague testimonies. Procedural right which employee must as; for since it is not an inherent right. Summary proceedings may be conducted A Administrative due process dies not necessarily re@uire the assistance of counsel. A *n a re@uest for e(tradition4 the prospective e(tradite does not face a clear and present danger of loss of property or employment4 but of liberty itself. De is entitled to the minimum re@uirements of notice and opportunity to be heard. A 7he standard of due process that must be met in administrative tribunals allows a certain latitude as long as the element of fairness is not ignored) even in the absence of previous notice4 there is no denial of due process as long as the parties are given the opportunity to be heard. A Administrative due process? #. opportunity to be heard &. opportunity to see; reconsideration $. opportunity to e(plain oneKs side A Substantial evidence? such relevant evidence as a reasonable mind might accept as ade@uate to support a conclusion which is the @uantum of proof necessary to prove a change in an administrative case A B7o be heardC does not mean only verbal agreements in court4 one may also be heard through pleadings. Administrative "eterminations where Notice and Dearing are N-7 necessary for due process #. grant of provisional authority for increased rates or to engage in a particular line of business &. summary proceedings of distraint and levy upon the property of a delin@uent ta(payer $. cancellation of passport4 no abuse of discretion ,. summary abatement of a nuisance per se which affects the immediate safety of persons!property .. preventive suspension of a public officer!employee pending investigation of administrative charges %ight Against SelfA*ncrimination Administrative charge of une(plained wealth which may result in forfeiture of the property
+edical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine %ight may be invo;ed at the time he is called as a witness *f he voluntarily ta;es the witness stand4 he can be crossAe(amined4 but he may still invo;e the right at the time the @uestion which calls for an answer which incriminates him of an offense other than that which is charged is as;ed. Power to Punish Contempt is *nherently Eudicial #. conferred by law and &. administrative body is engaged in performance of its @uasiA5udicial powers Administrative "ecisions not Part of the Legal System no vested right could not place government in estoppel Administrative Appeal and %eview #. higher or superior administrative body &. President! "epartment Secretaries by virtue of the power of Control $. appellate administrative agency "octrine of res 5udicata "ecisions and orders of administrative agencies have upon their finality4 the force and effect of a final 5udgment within the purview of the doctrine of res 5udicata. Conclusive upon the rights of the affected parties as though the same had been rendered by a court of general 5urisdiction. 'orbids the reopening of a matter once determined by competent authority acting within their e(clusive 5urisdiction. Applies to adversary administrative proceeding "oes N-7 apply in administrative ad5udication relative to citizenship /(ception? Nita Ngo urca vs. %epublic #. @uestion of citizenship is resolved by a court or an administrative body as a material issue in the controversy after a fullAblown hearing &. active participation of the Sol=en $. finding made by the administrative body on the citizenship issue is affirmed by the SC #J1
A LL"A? regulatory and @uasiA5udicial power in respect to pollution cases and matters affecting the construction of illegal fishpens4 fish cages and other a@uaAstructures in Laguna de ay) may issue cease and desist orders A "/CS %egional "irector? return to wor; order) administrative charges) constitute an investigating panel A Dousing and Land 6se %egulatory oard 9DL6% :? unsound real estate business practices A "epartment of /nergy? electric power A Dome *nsurance =uarantee Corporation9D*=C:? disputes involving homeowners association III. E5HAUSTION O+ A,-INISTRATI*E RE-E,IES "octrine A 8henever there is an available administrative remedy provided by law4 no 5udicial recourse can be made until all such remedies have been availed of and e(hausted. %easons #. if relief is first sought from a superior administrative agency4 resort to courts may be unnecessary &. administrative agency should be given a chance to correct its error $. principles of comity and convenience ,. 5udicial review of administrative decisions is usually made through special civil actins4 which will not normally prosper if there is another plain4 speedy and ade@uate remedy in the ordinary course of law -nly decision of administrative agencies made in the e(ercise of <6AS*AE6"*C*AL and A"E6"*CA7-%O P-8/%S are sub5ect to the rule on e(haustion. Constitutionality!validity of a rule or regulation in the performance of @uasiAlegislative function regular courts have 5urisdiction Corollary Principle #. "octrine of Prior %esort! "octrine of Primary Administrative Eurisdiction
No 8here there is competence or 5urisdiction vested upon an administrative body to act upon a matter4 no resort to the courts may be made before such administrative body shall have acted upon the matter. Conversion of subdivision lots DL6% /nforcement of forestry laws "/N% *ssuing license to radio stations N7C "isputes arising from construction contracts Construction *ndustry Arbitrary Commission Agricultural lands under the coverage of CA%P "A% /ffluents of a particular industrial establishment Pollution Ad5udication oard &. "octrine of 'inality of Administrative Action No resort to the courts will be allowed unless the administrative action has been completed and there is nothing left to be done in the administrative structure. A party aggrieved must not only initiate the prescribed administrative proceeding4 but must pursue it to its appropriate conclusion before see;ing 5udicial intervention. /ffect of 'ailure to /(haust Administrative %emedies A Eurisdiction of court is N-7 affected A Complainant is deprived of a CA6S/ -' AC7*-N which is a ground for +7" A *f no +7" is filed4 deemed a waiver /(ceptions #. "octrine of ;%a$i ied Po$itica$ Agenc) 9alter ego doctrine: &. Administrative remedy is r%it$ess $. Estoppe$ on the part of the Administrative Agency ,. *ssue involved is p%re$) a $ega$ 3%estion .. Administrative action is patent$) i$$ega$ 3. Unreasonab$e de$a) or official inaction 1. Irreparab$e in8%r) or t&reat4 unless 5udicial recourse is immediately made 2. Land cases4 where sub5ect matter is private land 0. Law does not ma;e e(haustion a condition precedent to 5udicial recourse #J. -bservance of the doctrine will result in the n%$$i ication o t&e c$aim #J2
##. Specia$ reasons or circumstances demanding immediate court action #&. ,%e process of law is clearly violated #$. %ules does not provide a p$ain1 speed) and ade3%ate remed) I*. 9U,ICIAL RE*IE. A,-INISTRATI*E ,ECISIONS O+
%ule Eudicial review may be granted or withheld as Congress chooses /(cept? when Constitution re@uires or allows it Eudicial review of administrative decisions cannot be denied the courts when there is an allegation of grave abuse of discretion. ases for Eudicial %eview 6nless otherwise provided by this Constitution or by law Any decision4 order or ruling of each Commission may be brought to the SC on certiorari w!in $J days from receipt of a copy =eneral Principles underlying power in the Courts to scrutinize the acts of administrative agencies on @uestions of law and 5urisdiction although no right of review is given by statute. Leep administrative agencies within its 5urisdiction. Protect substantial rights of parties affected by the decisions. Part of system of chec;s and balances which restricts the separation of power and forestalls arbitrary and un5ust ad5udication. +ethods of -btaining Eudicial %eview #. Statutory or NonAStatutory Statutory available pursuant to statutory provision NonAstatutory no e(press statute granting review4 relief is obtained by means of? #. common law remedies &. prerogative writs of certiorari $. mandamus ,. DC .. prohibition
3. @uo warranto if statutory methods for 5udicial review are available4 they are ordinarily e(clusive and the use of nonAstatutory methods will not li;ely be permitted. &. "irect or Collateral "irect attempt to @uestion in subse@uent proceedings the administrative action for lac; of 5urisdiction4 grave abuse of discretion4 etc. 9attac; on citizenship of an individual: Collateral relief from administrative action sought in a proceeding the primary purpose of which is some relief other than the setting aside of the 5udgment4 although an attac; on the 5udgment may be incidentally involved. 8hat Court has Eurisdiction CA have appellate 5urisdiction over 5udgments or final orders of the C7A and from awards4 5udgments4 final orders or resolutions of or authorized by any @uasiA5udicial agency in the e(ercise of its @uasiA5udicial functions. Administrative bodies4 coAe@ual with %7C on terms of ran; and stature and beyond the control of the latter. "octrine of NonA*nterference by 7Cs with coA e@ual administrative bodies is intended to ensure 5udicial stability. %eviewed by %7C ureau of *mmigration4 Court martial4 LL"A <uestions which may be sub5ect of 5udicial review #. <uestion of Law &. <uestion of 'act 'actual findings of administrative agencies are generally conclusive upon the courts if supported by substantial evidence4 /PC/P7 #. e(pressly allowed by statute &. fraud4 imposition or mista;e other than error of 5udgment $. error in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties $. +i(ed <uestion of Law and 'act 9 randeis "octrine of Assimilation of 'acts: 8hat purports to be a finding upon a @uestion of fact is so involved with and dependent upon a @uestion of law as to be in substance and effect a #J0
decision on the latter4 the Court will4 in order to decide the legal @uestion4 e(amine the entire record including the evidence. =uidelines for the e(ercise of the power 'indings of fact are respected as long as they are supported by substantial evidence4 even if not overwhelming or preponderant. 'indings of administrative officials and agencies who have ac@uired e(pertise are generally accorded not only respect but at all times even finality. Principle that factual findings of administrative bodies are binding upon the Court may be sustained only when no issue of credibility is raised. *t is not for the reviewing court to weigh the conflicting evidence4 determine credibility of witnesses or otherwise substitute its 5udgment for that of the administrative agency on the sufficiency of evidence. Administrative decision in matters with the e(ecutive 5urisdiction can only be set aside on proof of #. grave abuse of discretion &. fraud $. collusion ,. error of law Courts will not generally interfere with purely administrative matters unless there is clear showing of arbitrary4 capricious or grave abuse of discretion amounting to lac; of 5urisdiction. Eudicial %eview is not trial de novo *t is merely an ascertainment of whether the findings of the administrative agency are consistent with law4 free from fraud or imposition and supported by evidence.
I. GENERAL PRINCIPLES Public -ffice A %ight4 authority4 duty4 created and conferred by law4 by which for a given period4 either fi(ed by law or enduring at the pleasure of the creating power4 an individual is invested with some sovereign power of government to be e(ercised by him for the benefit of the people.
A /lements? #. created by $a! or by authority of law &. possess a de$egation o a portion of the sovereign powers of government4 to be e(ercised for the bene it o t&e p%b$ic $. powers conferred and duties imposed must be defined by the $egis$at%re or by legislative authority ,. duties must be performed independent$) and without control of the superior power 6NL/SS they be those of an inferior or subordinate officer created or authorized by the legislature and placed under the general control of a superior officer or body .. permanence or continuity A Creation? #. Constitution &. statutory enactment $. authority of law Public -fficer A a person who holds office A Public -fficer4 as understood under criminal law Article &J$. any person who4 by direct provision of law4 popular election or appointment by competent authority shall ta;e part in the performance of public functions in the =overnment) or shall perform in said =overnment public duties as am employee4 agent4 or subordinate official of any ran; or class4 shall be deemed to be a public officer. %A $J#0. includes elective and appointive officials and employees4 permanent or temporary whether in the classified4 unclassified or e(empt services4 receiving compensation4 even nominal from the government. P 2J1. Career and NonAcareer services 9formerly4 classified4 unclassified or e(empt: "istinguished from Cler; or /mployee A -fficer4 duties not being of clerical or manual nature4 involves the e(ercise of discretion in the performance of the functions of government. A *ncludes any government employee4 agent or body having authority to do the act or e(ercise that function. +ain characteristic that distinguishes a Public -fficer creation and conferring of an office involves a delegation to the individual of some of ##J
the sovereign functions of government4 to be e(ercised by him for the benefit of the public. II. ELIGI/ILIT6 AN, ;UALI+ICATIONS <ualifications & "ifferent Senses? #. endowments4 @ualities4 attributes which ma;e an individual eligible for public office must possess at the time of the appointment!election and continuously for as long as the official relationship e(ists &. act of entering into the performance of the functions of public office Property @ualifications may not be imposed for the e(ercise of the right to run for public office. Loss of any of the @ualifications during incumbency will be a ground for termination. 'ailure of an officer to perform an act re@uired by law could affect the officerKs title to the given office. Prolonged failure or refusal to ta;e the oath of office could result in forfeiture of the office. P 22# Bthe office of any official /L/C7/" who fails or refuses to ta;e his oath of office within 3 months from his proclamation shall be considered vacant 6NL/SS failure is for a cause!s beyond his control. -ath of office is a @ualifying re@uirement for public office. 6ntil he is @ualified4 the holdover officer is the rightful occupant. -ath of office ta;en before one who has no authority to administer oath4 is no oath at all. Pendency of election protest is not sufficient basis to en5oin him from assuming office or from discharging his functions. Authority to Prescribe <ualifications <ualification prescribed by Constitution generally e(clusive unless Constitution provides otherwise Public officers created by statute Congress has plenary powers to prescribe @ualifications4 provided? #. germane to the ob5ectives for which the office was created
&. @ualifications are not too specific as to fit a particular identifiable person that would deprive appointing authority of discretion in the selection of the appointee "is@ualifications Authority Legislature has the right to prescribe dis@ualifications in the same manner as it can prescribe @ualifications. Limitation? do not violate the Constitution "is@ualification may be because of unfitness for public office or because the person is rendered ineligible for the office. =eneral "is@ualifications under the Constitution #. No candidate who lost in an election4 shall4 within # year after such election4 be appointed to any office in the =overnment. &. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. $. No appointive official shall hold any other position in the =overnment4 unless otherwise allowed by law or the primary functions of his office. Se(Aofficio capacity Specific "is@ualification under the Constitution #. President1 *P1 Cabinet -embers and t&eir dep%ties and assistants shall not hold any other office or employment during their tenure4 6NL/SS otherwise provided in the Constitution. &. No Senator or -ember o t&e HR may hold any other office or employment in the =overnment including =-CC4 during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments increased during the term for which he was elected. $. -embers o t&e SC and of ot&er co%rts estab$is&ed b) $a! shall not be designated to any agency performing @uasiA5udicial or administrative functions. ,. No member o t&e Constit%tiona$ Commission shall during his tenure4 hold any other office or employment. Applies to Omb%dsman and &is dep%ties. .. Omb%dsman and &is dep%ties shall not be @ualified to run for office in the election immediately succeeding their cessation. ###
3. +embers of the Constitutional Commission4 -mbudsman and deputies must not have been candidates for any elective position in the election immediately preceding their appointments. 1. +embers of the Constitutional Commission4 -mbudsman and his deputies are appointed to a term of 1 years4 without reappointment. 2. Spouse and relatives by consanguinity or affinity within the ,th civil degree of the President shall not during his tenure be appointed? As members of the Constitutional Commission -ffice of -mbudsman Secretaries 6ndersecretaries Chairmen!heads III. ,E +ACTO O++ICERS A %eputation of being an officer and yet is not a good officer in point of law. A Acted as an officer for such length of time under color of title and under such circumstances of reputation or ac@uiescence by the public and public authorities as to afford a presumption of election!appointment and induce people to submit to or invo;e his action. Legal /ffect A 7hose that affect the public are valid4 binding and with full legal effect. A 'or the protection of the public. /lements #. validly e(isting public office &. actual physical possession of said office $. color of title to the office a. by reputation!ac@uiescence b. ;nown and valid appointment!election but officer failed to conform to a re@uirement imposed by law c. ;nown appointment or election4 void 9though un;nown to public: because? i. ineligibility of officer ii. want of authority of appointing!electing authority iii. irregularity in appointment!election d. ;nown appointment!election pursuant to unconstitutional law4 before law was declared unconstitutional.
/ntitlement of Salaries A =%? rightful incumbent of a public office may recover from an officer de facto the salary received by the latter during the time of his wrongful tenure4 even though he entered into the office in good faith and under color of title. A 8here there is N- "/ E6%/ officer4 the officer de facto who in good faith has had possession of the office and has discharged the duties is legally entitled to emoluments. A Principle of public policy on which de facto doctrine is based. I*. CO--ENCE-ENT RELATIONS O+ O++ICIAL
-fficial relations are commenced? #: Appointment &: /lection Appointment A selection by the authority vested with the power4 of an individual who is to perform the functions of a given office. Commission A written evidence of appointment "esignation A imposition of additional duties Classification #: Permanent A /(tended to person possessing the re@uisite @ualifications A Security of tenure &: 7emporary A Acting appointment A +ay not possess the re@uisite @ualifications for eligibility A %evocable at will4 without necessity of 5ust cause or a valid investigation A Ac@uisition of the appropriate civil service eligibility by a temporary appointee will not ipso facto convert the temporary appointment into a permanent one) new appointment is necessary ##&
A Appointment to a position in the Career Service of the Civil Service does not necessarily mean that the appointment is a permanent one depend on the nature of the appointment which in turn depends on the appointeeKs eligibility or lac; of it. A Acceptance by petitioner of a temporary appointment resulted in the termination of official relationship with his former permanent position. A 7emporary appointment shall not e(ceed #& months. A +ere designation does not confer security of tenure person designated occupies the position only in an acting capacity. A Appointment is sub5ect to conditions4 appointment is not permanent. A Appointee cannot claim a complete appointment as long as the reAevaluation incidental to the reA organization is still pending. A Bunless terminated soonerC even if coA terminous with the pro5ect4 it is nevertheless sub5ect to the appointing authority. A 8here temporary appointment is for a '*P/" period4 appointment may be revo;ed only at the e(piration of the period -% if before4 it must be for a valid and 5ust cause. $: %egular A -ne made by the President while Congress is in session after the nomination is confirmed by the Commission on Appointments and continues until the end of the term. ,: AdAinterim A +ade while Congress is not in session4 before confirmation by the Commission on Appointments4 is immediately effective A Ceases to be valid if disapproved or bypassed by C-A upon ne(t ad5ournment of Congress A Permanent appointment A 7hat it is sub5ect to confirmation4 does not alter its permanent character. A %egular and AdAinterim Classification may be used only when referring to the following? #: Deads of /(ecutive "epartment) &: Ambassadors and other Publi +inisters and Consuls $: -fficers of the A'P4 from ran; of colonel or naval captain
,: -fficers whose appointments are vested in the President under the Constitution. Steps in Appointing Process 'or %/=6LA% Appointments #: Nomination by President &: Confirmation by C-A $: *ssuance of the Commission ,: Acceptance by the appointee #: &: $: ,: A"A*N7/%*+ Appointment Nomination by President *ssuance of the Commission Acceptance by the appointee Confirmation by C-A
"- N-7 re@uire Confirmation #: Appointment by Appointing Authority &: *ssuance of the Commission $: Acceptance by the Appointee A A person cannot be compelled to accept an appointment /PC/P7 when the appointment is made to an office re@uired in defense of the State! A 8here appointment is to the CA%//% S/%>*C/ of the C*>*L S/%>*C/4 attestation by the Civil Service Commission is re@uired. -therwise4 not deemed complete. Appointment not submitted to the CSC w!in $J days from the issuance 9date appearing on the face of the appointment: shall be ineffective. A CSC is authorized to chec; of the appointee possesses the @ualifications and appropriate eligibility) if he does4 appointment must be approved) of not4 it is disapproved. A Appointment is complete when the last act re@uired of the appointing power is performed) until the process is completed4 appointee can claim no vested right in the officer nor claim security of tenure. A Appointment to be valid4 position must be vacant. "iscretion of Appointing Authority "iscretionary power and must be performed by the officer in whom it is vested. -nly condition4 appointee must possess the minimum @ualifications re@uirements prescribed by law. ##$
Appointing authority is in the best position to determine who among the prospective appointees can effectively discharge the functions of the position. 'inal choice of appointing authority should be respected and left undisturbed. Commission may not and should not substitute its 5udgment for that of the appointing authority. Civil Service Law grants career service officers preference in promotion under the Bne(tAinAran;C rule4 it is not mandatory4 appointing authority should be allowed the choice of men of his confidence provided they are @ualified and eligible. Provincial4 city prosecutor and their assistants appointed by President upon recommendation of Secretary of Eustice 9mere advise:. "iscretion of appointing authority choice of the person 8D- is to be appointed4 NA76%/ and CDA%AC7/% of appointment. Eudicial %eview of Appointments Appointment generally a political @uestion) as long as appointee possess minimum @ualifications as prescribed by law for the position. Action for usurpation of office 8ho claims a valid title to the office. Eurisdiction of the Civil Service Commission "isciplinary cases Cases involving personnel action /mployment status and @ualification standard %ecall an appointment initially approved when issued with disregard to Civil Service Laws4 rules and regulations Approving and reviewing appointments to determine their compliance with the Civil Service Law -n its own4 does not have the authority to terminate employment or drop members from the roll Appointments to the Civil Service Scope? ALL branches4 subdivision4 instrumentalities and agencies of the =overnment4 including =-CC with original charter. Classes of Service #. Career Service
c. "escription A /ntrance based on merit and fitness4 as far as practicable by competitive e(aminations A -r based on highly and technical @ualifications A -pportunity for advancement to higher career positions A Security of tenure d. *ncludes? #: -pen Career Service A Prior @ualification in an appropriate e(amination is re@uired &: Closed Career Service A Scientific or highly technical $: Career /(ecutive Service A 6ndersecretaries4 bureau directors4 etc. ,: Positions in the Armed 'orces of the Philippines A =overned by a different merit system .: Career -fficers A -ther than those belonging to Career /(ecutive Service4 appointed by President4 e.g. foreign service 3: Personnel of =-CC w! original charters 1: Permanent laborers 9s;illed4 semiAs;illed or uns;illed: Career /(ecutive Service & re@uirements to attain security of tenure i. Career e(ecutive service eligibility ii. Appointment to the appropriate career e(ecutive service ran; Security of tenure pertains only to ran; and not to the office or position $. NonACareer Service a. "escription A /ntrance on bases other than those of the usual tests utilized for the career service A 7enure .: limited to a period specified by law or 3: which is coAterminous with that of the appointing authority or 1: sub5ect of his pleasure or 2: which is limited to the duration of a particular pro5ect for which purpose the employment was made. b. *ncludes? #: /lective officials4 personal and confidential staff &: "epartment Deads and officials of Cabinet ran; who holds office at the pleasure of the President4 personal and confidential staff ##,
$: Chairmen and members of commissions!boards w! fi(ed terms of office4 personal and confidential staff ,: Contractual personnel! those whose employment in government is in accordance with a special contract to underta;e a specific wor; or 5ob re@uiring special or technical s;ills not available in employing agency4 to be accomplished within a period not e(ceeding # year4 under his own responsibility4 with minimum direction and supervision .: /mergency and seasonal personnel A 6nder Administrative Code4 the CSC is e(pressly empowered to declare positions in the CS as primarily confidential. A /numeration in the Civil Service decree4 which defined the nonAcareer service is not an e(clusive list. Commission can supplement this list. A Coterminous status may be classified as? o coAterminous with pro5ect duration of particular pro5ect for which employment was made. o coAterminous with appointing authority tenure of appointing authority or at his pleasure o coAterminous with incumbent coAe(istent with appointee4 such that after the latterKs resignation4 separation or termination of the services4 the position shall be deemed automatically abolished. o coAterminous with a specific period for a specific period4 upon e(piration4 position is deemed abolished. %e@uisites #. made according to merit and fitness &. competitive e(amination /(ceptions? #. policy determining &. primarily confidential or $. highly technical A *n a department4 appointing power is vested in the "/PA%7+/N7 S/C%/7A%O4 although it may be delegated to the %/=*-NAL "*%/C7-%4 sub5ect to approval of the "epartment Secretary. A Principles #: Classification of a particular position as policyA determining4 primarily confidential or highly
technical amounts to no more than an e(ecutive or legislative declaration that is not conclusive upon the courts4 the true test being the nature of the position &: 7he e(emption provided pertains only to e(emption from competitive e(amination to determine merit and fitness to enter the civil service $: /(empt from competitive e(amination to determine merit and fitness? a. PolicyAdetermining -fficer lays down principal or fundamental guidelines or rules /.g. department head b. Primarily confidential Not only confidence in the aptitude if the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayal on confidential matters of state NA76%/ of the position which determined whether a position is primarily confidential4 policyA determining or highly technical Bpro(imity ruleC can be considered as confidential employee if the predominant reason why he was chosen by the appointing authority was the latterKs belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion without fear of embarrassment or misgivings of possible betrayals of personal trust or confidential matters of the State. 8here the position occupied is remote from that of the appointing authority4 the element of trust between them is no longer predominant4 and cannot be classified as primarily confidential. c. Dighly technical re@uires possession of technical s;ill in a superior degree. Legal counsel of PN City Legal -fficer City Attorney Security Council and Security =uards of the City >ice +ayor -ther Personnel Action #: Promotion &: Appointment through Certification $: 7ransfer ##.
,: .: 3: 1:
%einstatement "etail %eassignment %eemployment
Promotion A +ovement from one position to another with increased duties and responsibilities as authorized by law A 6sually accompanied by an increase in pay. A Ne(tAinAran; %ule 7he one who is ne(t in ran; is given preferential consideration "oes not mean that he alone can be appointed Appointing authority is re@uired to state the Bspecial reasonsC for not appointing the officer ne(t in ran;. A Automatic %eversion %ule All appointments involved in a chain of promotions must be submitted simultaneously for approval by the Commission. 7he disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. Affected persons are entitled to payment of salaries for services rendered at a rate fi(ed in their promotional appointments. %e@uisites? #. series of promotions &. all promotional appointments are simultaneously submitted to the Commission for approval $. Commission disapproves the appointment of a person to a higher position Appointment through Certification A *ssued to a person who has been selected from a list of @ualified persons certified by the CSC from an appropriate register of eligibles and who meets the @ualifications prescribed for the position. 7ransfer A +ovement from one position to another which is of e@uivalent ran;4 level or salary without brea; in service. A +ay be imposed as an administrative penalty. A 6nconsented transfer violates security of tenure.
A Career /(ecutive Service personnel can be shifted from one office to another without violating their right to security of tenure4 because salary and status is based on their ran;s and not on the positions to which they are assigned. %einstatement A Das been permanently appointed in the career service and who has4 through no delin@uency of misconduct4 been separated may be reinstated to a position in the same level for which he is @ualified. A Ac@uisition of civil service eligibility is not the sole factor for the reappointment. -ther factors should be considered? performance4 degree of education4 wor; e(perience4 training4 seniority and en5oys confidence and trust of the appointing power. A Not sub5ect to application for a writ of mandamus. A *ssuance of new appointment which is discretionary A /(ercise of discretionary power cannot be controlled by the courts4 as long as properly e(ercised A 'orfeited his right to public office because of conviction of a crime4 but was e(tended plenary pardon CANN-7 by reason of pardon demand reinstatement as a matter of right. A /(ception? #. Sabello vs. "/CS considerations of 5ustice and e@uity &. =arcia vs. Chairman4 Commission on Audit person given pardon because he did not truly commit the offense) the pardon relives him from all punitive conse@uences of his criminal act thereby restoring him to his clean name4 good reputation and unstained character prior to his finding of guilt. "etail A +ovement of an employee from one agency to another without the issuance of an appointment A Allowed only for a limited period of time in the case of employees occupying professional4 technical and scientific positions A 7emporary in nature %eassignment A %eassigned from one organizational unit to another in the same agency ##3
A Not involve reduction in ran;4 status or salary A +anagement prerogative vested in the CSC4 any department or agency embraced in Civil Service A "oes not constitute removal without cause A Should have definite date and duration. A Lac; of specific duration is tantamount to floating assignment thus a dimunition in status or ran;. %eemployment A Names of persons who have been appointed permanently to positions in the career service and who have been S/PA%A7/" as a result of %/"6C7*-N in force and!or %/-%=AN*NA7*-N4 shall be entered in a list from which selection for reemployment shall be made A Separated not for a cause but as a result of reorganization separation pay R retirement and other benefits) in lieu of separation pay4 may be considered for employment 9Proclamation No. $: *. PO.ERS AN, ,UTIES O+ PU/LIC O++ICERS Authority of Public -fficers #. /(pressly conferred upon him by the AC7 appointing him &. /(pressly ANN/P/" to the office by LA8 $. Attached to the office by C-++-N LA8 as incidents to it ,. "octrine of Necessary *mplication all powers necessary for the effective e(ercise of the e(press powers Authority can be e(ercised only during the term when the public officer4 is by law4 invested with the rights and duties of the office. +inisterial and "iscretionary Powers #. +inisterial discharge by officer is imperative and re@uires neither 5udgment nor discretion) e(ercise of which may be compelled &. "iscretionary imposed by law upon a public officer) officer has the right to decide how and when the duty shall be performed) mandamus will not lie to compel performance /(ception? when mandamus will lie? #. =A"
&. manifest in5ustice $. palpable e(cess of authority e@uivalent to a denial of settled rights ,. no other plain4 speedy or ade@uate remedy writ may issue to compel the e(ercise of discretion but not the discretion itself Courts may review e(ercise of discretion4 to determine if there has been =A" amounting to lac; or e(cess of 5urisdiction Eudgment 5udicial functions) determination of a @uestion of law) only one way to be right "iscretion4 may decide the @uestion either way and still be right) limited to the evident purpose of the act "uties of Public -fficer Constitutional "uties 7o be accountable to the people 7o serve them with utmost responsibility4 loyalty and efficiency 7o act with patriotism and 5ustice 7o lead modest lives 7o submit a declaration under oath of his assets4 liabilities and net worth upon assumption of office and as often as may be re@uired 7o owe the State and Constitution allegiance at all times S-L=/N represent government and its offices /PC/P7 criminal cases and civil cases for damages arising from felony. Prohibitions #. Partisan political activity or ta;ing part in any election e(cept to vote /(cept? #. those holding political offices &. cabinet members &. Additional or double compensation $. Prohibition against loans ,. Limitation on laborers Not assigned to clerical duties .. "etail or reassignment w!in $ months before any election without approval of C-+/L/C 3. Nepotism ##1
Appointments made in favor of a relative of the appointing or recommending authority or of the chief of the bureau or office or of the person e(ercising immediate supervision over him. All appointments. %elative? those related within the $ rd civil degree by consanguinity or affinity /(emption? #. confidential capacity &. teachers $. physicians ,. members of the Armed 'orces S full report of appointment shall be made to the Commission *I. LIA/ILIT6 O+ PU/LIC O++ICERS =eneral %ule on Liability A public officer is not liable for in5uries sustained by another as a conse@uence of official acts done within the scope of his official authority4 e(cept as otherwise provided by law. Not civilly liable for acts done in official capacity 6NL/SS bad faith4 malice4 negligence Liable for willful or negligent acts done by him which are contrary to morals4 law public policy and good customs />/N if he acted under instructions of his superiors. Local governments are not e(empt from liabilities for "/A7D or *NE6%O to persons or "A+A=/ to property. Statutory Liability Article &14 CC refuses or neglects without 5ust cause to perform his official duty4 whereby a person suffers moral or material loss) without pre5udice to administrative disciplinary sanction Article $&4 CC liability of public officer for violation of constitutional rights Article $,4 CC liability of peace officer who fails to respond or give assistance to persons in danger of in5ury to life or property w!o 5ust cause. Neglects to perform a duty within a period fi(ed by law or regulation or within a reasonable period if none is fi(ed
Liability on Contracts personally entered without or e(ceeded his authority Liability for 7ort personally beyond the scope of his authority or e(ceeds power conferred upon him) ultra vires or where there is bad faith Presidential *mmunity from Suit during tenure of the President After his tenure4 cannot invo;e immunity from suit for civil damages arising out of acts done by him4 while he was president which were not performed in the e(ercise of official duties. Not prevented from instituting suit. 7hreefold Liability %ule 8rongs acts or omissions of a public officer may give rise to civil4 criminal and administrative liability. Action for each can proceed independently "ismissal of one does not foreclose action for others. difference in @uantum of evidence Liability of +insiterial -fficers #. Nonfeasance neglect or refusal to perform an act which is the officerKs legal obligation &. +isfeasance failure to e(ercise that degree of care4 s;ill and diligence in the performance of official duty $. +alfeasance doing4 through ignorance4 inattention or malice of an act which he had no legal right to perform. Command %esponsibility Dead of a department or a superior officer shall not be civilly liable for the wrongful acts4 omission of duty4 negligence or misfeasance of his subordinates4 6NL/SS he has actually authorized by written order the specific act or misconduct. *II. RIGHTS O+ PU/LIC O++ICERS #. &. $. ,. %ight to -ffice %ight to Salary %ight to Preference in Promotion %ight to >acation and Sic; Leave ##2
.. %ight to +aternity Leave 3. %ight to %etirement Pay 1. %ight to reimbursement for e(penses incurred in due performance of duty 2. %ight to be indemnified against any liability 0. %ight to longevity pay %ight to -ffice Eust and legal claim to e(ercise the powers and the responsibilities of the public office. 7erm vs. 7enure 7erm? period during which the officer may claim to hold the office as a matter of right. 7enure? period during which the officer actually holds office. %ight to Salary Salary personal compensation to be paid to the public officer for his services =enerally a fi(ed or periodical payment depending on the time and not on the amount of the services he may render. "istinguished from wages? Salaries are given to officers of higher degree of employment than those given wages. Salary is compensation per annum. 8ages are paid day by day or wee; by wee;. asis? #. legal title to the office &. law attaches compensation to the office %ight of de facto officer to compensation when there is no de 5ure and de facto officer4 who in good faith has possession of the office and has discharged the duties. Salary cannot be garnished nor sub5ect to attachment or order of e(ecution before being paid to him to answer for the payment of his debts. Public policy also prohibits the assignment of unearned salaries Agreements affecting compensation are void as contrary to public policy. Compensation4 allowances and other benefits granted without the approval of the " + are unauthorized and irregular. Constitutional provisions affecting salaries? #. no increase in salaries of members of Congress shall ta;e effect until after the e(piration of the full
term of the +embers of the Senate and Dof%ep who approved he increase. &. Salaries of President and >P shall be fi(ed by law and s5all not be decreased during their tenure. No increase4 until after e(piration of the incumbent during which increase was approved. $. Salary of members of the Eudiciary shall not be decreased during their continuance in office) income ta( is not unconstitutional dimunition. ,. Additional4 double or indirect compensation are prohibited. .. Standardization of compensation. 3. Separation pay to career Civil Service employees who are separated from service not for cause but by reason of reorganization. Preventive Suspension and the %ight to Salary #. Preventive Suspension pending investigation &. Preventive Suspension pending appeal *f the penalty imposed is suspension or dismissal and after review4 he is e(onerated no right to compensation during preventive suspension even pending investigation *t is not enough that he is e(onerated) it must be shown that suspension is un5ustified Eustified if charged with? #. dishonesty &. oppression $. grave misconduct ,. neglect of duty =loria vs. Court if Appeals entitled not only to reinstatement but also to bac; wages for the period of preventive suspension pending appeal. ecause preventive suspension pending appeal is actually P6N*7*>/. Award should not e(ceed e@uivalent of . years pay at the rate last received before suspension was imposed. *f his conviction is affirmed4 the period of his suspension becomes part of the final penalty of suspension. %ight to bac; salaries of illegally dismissed employees *llegally dismissed government employees who is later ordered reinstated is entitled to bac; wages ##0
and other monetary benefits from the time of his illegal dismissal up to his reinstatement. Bno wor;4 no payC not applicable Note? alitaosan vs. Secretary4 "/CS? reinstatement was not the result of e(oneration but an AC7 -' L* /%AL*7O of the CA4 the claim for bac; wages was not allowed. 7hus the general rule that a public official is not entitled to compensation if he has not rendered any service was applied. No right to bac; wages if N-7 /P-N/%A7/" and N-7 6NE6S7*'*A LO S6SP/N"/" %ight to additional allowance and benefits L=6s may provide additional allowances and benefits to national government officials assigned or stationed in their municipality or city. Not without limitations. %ight to Preference in Promotion %ight does not prevail over discretion of appointing authority. %ight to >acation and Sic; Leave Sec 2#4 %A 1#3J 9L=C: /lective local officials shall be entitled to the same leave privileges as those en5oyed by appointive local officials4 including the cumulation and commutation. /ntitled to commutation of all leave credits without limitation and regardless of the period when the credits were earned4 provided the claimant was in the service as of Eanuary 04 #023. =overnment employees are not re@uired to wor; on Saturdays4 Sundays and holidays. %ight to +aternity Leave %ight to %etirement Pay %etirement laws are liberally construed in favor of the retiree. +oney value of the terminal leave of a retiring government official shall be computed at the retireeKs highest monthly pay. Eudiciary e(tension if satisfied that the career was mar;ed by competence4 integrity and dedication to the public service. A reserved officer who successfully rendered a total of #J years continuous active commissioned
military service shall not be reverted to inactive service e(cept for cause or upon his own re@uest. Covered by compulsory membership in the =S*S. 7otalization of service credits is only resorted to when the retiree does not @ualify for benefits in either or both of the systems. %ight to reimbursement for e(penses incurred in due performance of duty %ight to be indemnified against any liability which they may incur in the bona fide discharge of their duties. %ight to longevity pay *III. TER-INATION RELATIONSHIP O+ O++ICIAL
+odes of 7erminating -fficial %elationship #. /(piration of term or tenure &. %eaching the age limit $. %esignation ,. %ecall .. %emoval 3. Abandonment 1. Acceptance of an *ncompatible -ffice 2. Abolition of -ffice 0. Prescription of the %ight to -ffice #J. *mpeachment ##. "eath #&. 'ailure to Assume /lective -ffice w!in 3 months from proclamation #$. Conviction of a Crime #,. 'iling of Certificate of Candidacy E7piration o term or ten%re Courtesy resignation during the /"SA %evolution e(piration of term) entitled to retirement benefits 7ermination presupposes an overt act committed by a superior officer Commencement of 7erm of -ffice #. statute fi(es a period upon @ualification &. no time is fi(ed by law date of appointment!election
$. law fi(ing the term is ambiguous one that fi(es the term at the shortest period should be followed ,. both duration of the term of office and the time of its commencement!termination are fi(ed by constitutional or statutory provision person appointed or elected for vacancy shall hold the same only for the une(pired portion .. only the duration is fi(ed4 no time is fi(ed for beginning or end person selected to fill the vacancy may serve the full term and not merely the une(pired balance of the prior incumbentKs term 3. office is created!officer appointed for the purpose of performing a single act or accomplishment of a given result office terminates and the authority ceases with the accomplishment of the purposes which called it into being. Principle of DoldA-ver? public officer is entitled to hold his office until his successor shall have been duly chosen and shall have @ualified. Purpose is to prevent hiatus in public service. Legislative intent of not allowing holdAover must be clearly e(pressed or at least implied in the legislative enactment4 otherwise4 it is reasonable to assume that the lawAma;ing body favors the same. Article &$14 %PC which penalizes public officer who shall continue to e(ercise the duties and powers of the office beyond the period provided by law. "uring this period4 de 5ure officer 8here the law fi(es a specific sate for the end of the term implied prohibition against holdAover %eaching the age limit Compulsory %etirement Age 1J for members of 5udiciary 3. for other government officers or employees Special %etirement Laws? %A #3#3 allows optional retirement after an officer has rendered a minimum number of years of government service4 when availed of by the public officer4 will result in the termination of official relationship through reaching the age limit or retirement. %esignation
#&J
Act of giving up or the act of a public officer by which he declines his office and renounces the further right to use it. *ntention to surrender4 renounce4 and relin@uish the office and the acceptance by competent and lawful authority >oluntariness when procured by fraud4 may be invalidated Courtesy resignation lac;s the element of voluntariness and therefore is not a valid resignation. Need for Acceptance not complete until accepted by competent authority Article &$24 %PC penalizes any public officer who4 before the acceptance of his resignation4 abandons his office to the detriment of the public service. *f the public officer is mandated by law to holdA over4 the resignation4 even if accepted4 will not be effective until after appointment!election of his successor. Accepting Authority %A 1#3J4 officers authorized to accept resignation? #. President governor4 viceAgovernor4 mayor and viceAmayor f highly urbanized cities and independent component cities &. =overnor municipal mayors and viceAmayors4 city mayors and viceAmayors of component cities $. Sanggunian sanggunian members ,. City or municipal mayor barangay officials %esignation deemed accepted if not acted upon w!in #. days from receipt %esignation by Sanggunian members shall be deemed accepted upon? #. presentation before an open session of the sanggunian concerned &. duly entered in its record $. /PC/P7 where sanggunian members are sub5ect to recall elections or to cases where e(isting laws prescribe the manner of acting upon such resignation *f the law is silent on who shall accept? #. appointive officer resigns appointing authority &. elective officer resigns officer authorized by law to call an election in order to fill the vacancy President and >P Congress +embers of Congress respective Douses #&#
/ffective "ate of %esignation "ate specified in the tender No date specified public officer receives notice of the acceptance N-7 the date of the letter or notice of acceptance %ecall 7ermination of official relationship of an elective official for loss of confidence prior to the e(piration of his term through the will of the electorate. y 8hom? registered voters of a L=6 to which such local government official belongs *nitiation of the %ecall Process? registered voters of the L=6 Procedure for *nitiating %ecall #. initiated upon petition by at least &.H of the total number of registered voters in the L=6 &. written petition duly signed before the election registrar!representative in the presence of a representative of the petitioner representative of the official in a public place4 in the province4 city4 municipality or barangay filed with the C-+/L/C through its office in the L=6 concerned $. C-+/L/C shall cause the publication of the petition *n a public and conspicuous place Period not less than #J days nor more than &J days Purpose of verifying the authenticity and genuineness of the petition and re@uired percentage of voters ,. Lapse of the period4 C-+/L/C or its duly authorized representative4 shall announce the acceptance of candidates to the position and prepare list of candidates4 including the name of the official sought to be recalled. /lection on %ecall 6pon filing of a valid petition4 C-+/L/C shall set date for the election on recall
Not later than $J days after the filing of the resolution!petition in the case of barangay!city!municipal officials Not later than ,. days in the case of provincial officials -fficials sought to be recalled4 automatically considered as registered candidate. /ffectivity of %ecall %ecall of an elective official shall be effective upon the election an proclamation of a successor. *f the official sought to be recalled receives the highest number of votes confidence in him is affirmed and he shall continue in office Prohibition from %esignation Limitation on %ecall #. any elective official may be sub5ect of a recall election once during his term of office for lac; of confidence &. no recall shall ta;e place within one year from the date of the officialKs assumption to office or one year immediately preceding a regular local election Sangguiniang Labataan election is not a regular election) Not barred by barangay election Approaching local election must be one where the position of the official to be recalled is actually contested and to be filled by the electorate %emoval Constitutional =uarantee of Security of 7enure not removed or suspended e(cept for causes provided by law Career service officers and employees causes enumerated in law and in accordance with procedure prescribed %emoval not for 5ust cause or nonAcompliance with prescribed procedures reversible4 reinstatement with bac; salaries and without loss of seniority rights "emotion is tantamount to unlawful removal is N- CA6S/ is shown or it is N-7 PA%7 -' "*SC*PL*NA%O AC7*-N 6nconsented transfer resulting in demotion in ran; or salary is tantamount to removal without 5ust cause. A transfer that results in promotion or demotion4 advancement or reduction or a transfer that aims to #&&
lure the employee away from his permanent position4 cannot be done without the employeeKs consent4 for that would constitute removal from office. No permanent transfer can ta;e place unless the officer or employee is first removed from the position held4 and then appointed to another position. Some cases on =rounds for "isciplinary Action? #. "ishonesty concealment or distortion of truth in a matter of fact relevant to oneKs office or connected with the performance of his duty) e.g. use of fa;e or spurious civil service eligibility &. Conduct pre5udicial to the best interest of the service $. +isconduct transgression of some established and definite rule of action) wrongful intention Administrative Code of #021? #: 6nsatisfactory conduct and &: 8ant of capacity Civil Service Law? inefficiency and incompetence in the performance of official duties Poor performance falls within the concept of inefficiency and incompetence *nefficiency and incompetence can only be determined after the passage of sufficient time4 hence4 the probationary period of 3 months. Poltical or nonAcareer members of the 'oreign Service is coterminous with that of the appointing authority or sub5ect to his pleasure Dolding primarily confidential positions continue in office as long as the confidence in them endures) termination is 5ustified on the ground of lac; of confidence removal? e(piration of term Dolding temporary or acting appointments may be removed at any time4 without necessity of 5ust cause or a valid investigation. Procedure in Administrative Case #. Administrative case against a public official shall continue despite withdrawal of the complaint since they do not involve purely private matters but are impressed with public interest by virtue of the public character of the public office. &. Substantial proof and not clear and convincing evidence or proof beyond reasonable doubt is sufficient. Satisfied when the employer has reasonable ground to believe that the employee is responsible
for the misconduct and his participation renders him unworthy of trust and confidence demanded by his position. Eurisdiction in "isciplinary Cases #. Deads of ministries4 agencies and instrumentalities4 provinces4 cities and municipalities have 5urisdiction to investigate and decide matters involving disciplinary action against officers and employees under their 5urisdiction. "ecision final in case the penalty imposed is suspension of not more than $J days or fine in an amount not e(ceeding $J days salary. -ther cases4 decision shall be initially appealed to the department head and finally to the Civil Service Commission and pending appeal4 shall be e(ecutory /PC/P7 when the penalty is removal4 in which case it shall be e(ecutory only after confirmation by the department head. Committee to hear administrative charge against public school teacher representative of the teacherKs organization &. Civil Service Commission has appellate 5urisdiction. Case may be filed directly to it) it may decide on the case or deputize a department or agency Preventive Suspension 7he proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation if the charge against such officer or employee involves #: dishonesty4 &: oppression or grave misconduct or $: neglect in the performance of duty or ,: if there is reason to believe that the respondent is guilty of charges which would warrant his removal from the service. Not a penalty. /nable authorities to investigate. *f the investigation is not finished and a decision is not rendered within a period of 0J days4 the suspension will be lifted and the respondent will automatically be reinstated. *f after investigation4 he is innocent of the charges and is e(onerated4 he should be reinstated. Preventive suspension can be ordered even without a hearing. Authority to preventively suspend? e(ercised concurrently by the -mbudsman %A 311J? 3 months #&$
Court may validly order the preventive suspension of officer 9since removal of office is within the power of the Courts:
ac; salary is not warranted when the immediate e(ecution of the order of dismissal is 5ustified.
Appeal +ade within #. days from receipt of the decision 6NL/SS a petition for reconsideration is filed4 which shall be decided within #. days Petition for %econsideration $ grounds only? 9#: New evidence has been discovered which materially affects the decision 9&: "ecision is not supported by evidence on record 9$: /rror of law or irregularities have been committed which are pre5udicial to the interest f the respondent 'rom resolution of the CSC4 file a petition for certiorari %3. w!in $J days from receipt of copy of the resolution Summary "ismissal %A 33., %emoval of Administrative Penalties or "isabilities +eritorious cases4 upon recommendation of the CSC President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases Sub5ect to terms and conditions he may impose in the interest of the service Abandonment >oluntary relin@uishment of an office by the holder with the intention of terminating his possession and control Species of resignation %esignation is formal relin@uishment Abandonment is voluntary relin@uishment through nonAuser BNonAuserC neglect to use a privilege or a right or to e(ercise an easement or an office A person holding an office may abandon such office 9#: NonAuser
9&: Ac@uiescence NonAperformance
Power of legislature to abolish an office
does not constitute abandonment when? 9#: 7emporary disability 9&: *nvoluntary failure to perform Public officer vacates office in deference to the re@uirements of a statute which is afterwards declared unconstitutional4 such surrender will not be deemed abandonment. +ere delay in @ualifying for an office is not abandonment ut failure to assume office w!in 3 months fro proclamation4 without 5ust or valid cause4 shall have the effect of vacating the office. Automatically separated if he fails to return to the service after the e(piration of #Ayear leave of absence without pay. Absent for at least $J days without approved leave are considered on Absence 8ithout Leave 9A8-L: and shall be dropped from the service after due notice. =ranting or approval of leaves discretionary on the head and depends upon the needs of the service 'ailure to ma;e courtesy call to oneKs superior is not an offense4 much less a ground to terminate employment. Acceptance of an *ncompatible -ffice 7est of *ncompatibility Nature and relation of the two offices to each other4 they ought not to be held by one person from the contrariety and antagonism which would result Acceptance of incompatible office ipso facto vacates the other. 7here is no necessity for any proceeding to declare or complete the vacation of the first. Canonizado vs. Aguirre no incompatibility) though accepted latter4 he continued to pursue legal remedies to recover the first from which he was ousted by a law later to be declared unconstitutional. /(ception? when authorized by law to accept the other office. Abolition of -ffice
Congress) even during the term for which an e(isting incumbent may have been elected Constitutional offices cannot be abolished No law shall be passed reorganizing the Eudiciary4 when it undermines security of tenure >alid abolition of office does not constitute removal of incumbent Legal competence if the city council to create4 consolidate and reorganize city offices and positions wholly supported by local funds %e@uisite for Abolition of -ffice 9#: +ade in good faith 9&: Clear intent to do away with the office 9$: Cannot be implemented in a manner contrary to law %eorganization of =overnment -ffices Constitutional recognition of authority to reorganize? promotion of simplicity4 economy and efficiency is the usual standard. No violation of due process even if no hearing was conducted in the matter of reorganization of " P4 as long as employee was given a chance to present evidence. %emoval of employees pursuant to guidelines in /-##34 reorganization of "ept. of Agriculture 9#: /(istence of case for summary dismissal 9&: Probable cause for violation of %A $J#0 9$: =ross incompetence or inefficiency 9,: +isuse of public office for partisan political activities 9.: Analogous grounds showing that incumbent is unfit to remain in office %eorganization must meet the common test of good faith. P"#,#3? grants the President the continuing authority to reorganize the national government4 which includes the power to group consolidate bureaus and agencies4 to abolish offices4 to transfer functions4 to classify and create functions4 services and activities and to standardize salaries and materials. Prescription of the %ight to -ffice Petition for reinstatement after illegal ouster or dismissal -% recovery of public office w!in # year from the date petitioner is illegally ousted. /(ception? strong4 compelling and special circumstances #&,
Cristobal vs. +elchor? on grounds of e@uity %eason? title to public office should not be
sub5ect to continued uncertainty) should be determined as speedily as possible. 'iling of an action for administrative remedy does N-7 suspend the period for filing the appropriate 5udicial proceeding 9@uo warranto:) # year period runs even during pendency of a motion for reconsideration. *mpeachment "eath %enders office vacant. 'ailure to Assume /lective -ffice w!in 3 months from proclamation 6nless failure is for a cause or causes beyond his control Conviction of a Crime Penalty imposed upon conviction carries with it the accessory penalty of dis@ualification4 conviction by final 5udgment automatically terminates official relationship. Plenary pardon e(tinguished the accessory penalty of dis@ualification4 it will not restore the public office to the officer convicted) De must be given a new appointment. 'iling of Certificate of Candidacy Any person holding a public appointive office or position4 *ncluding active members of the A'P And officers and employees in =-CCs Shall be considered ipso facto %/S*=N/" upon filing of certificate of candidacy. Applies even to employees of =-CCs without an original charter GENERAL PRINCIPLES *nternational Law4 defined A 7raditional branch of public law which regulates the relations of States and of other entities which have been granted international personality. #&.
'ocuses on S6 E/C7S 9entities which possess international personality and with rights and obligations recognized under international law: as opposed to - E/C7S 9which are persons or things in respect of which rights are held and obligations assumed by the sub5ects of international law: A +odern law that deals with the conduct of States and international organizations4 their relations with each other and4 in certain circumstances4 their relations with persons4 natural or 5uridical. asis of *nternational Law #. Law of Nature School 7here is a natural and universal principle of right and wrong4 independent of mutual intercourse or compact4 which can be discovered and recognized by every individual through the use of his reason and conscience. Since individuals compose the State whose will is but the collective will of the inhabitants4 the State also becomes bound by the law of nature. &. Positivist School inding force of international law is derived from the agreement of the States to be bound by it. *nternational law is not a law of subordination but of coordination. $. /clectic or =rotian School *n so far as it conforms to the dictates of right reason4 the voluntary law may be said to blend with the natural law and is an e(pression of it. *n case of conflict4 the natural law prevails4 being the more fundamental law. Public *nternational Law distinguished from? Private *nternational Law Public *nternational Law *nternational *nternational +odes *nternational /ntities *nternational Private *nternational Law +unicipal Local 7ribunals Private Persons Sheriff!Police
Nature %emedies Parties /nforcement
Sanction *nternational +orality!/thics Principles which governs relations of States from the standpoint of conscience4 morality4 5ustice and humanity. *nternational Comity %ules of politeness!courtesy observed by States in relations with other States *nternational "iplomacy -b5ects of international policy and the conduct of foreign affairs *nternational Administrative Law ody of laws which regulate the relations and activities of national and international agencies with respect to theor material and intellectual interests which have received international recognition. *nternational Law as true law Although it does not comply with Eohn AustinKs concept of law 9enforced by sovereign political authority:4 it is still true law. Application4 /nforcement and Compliance 8ea;ened compliance? #. lac; of central lawAma;ing authority &. debilitating 5urisdictional defects balanced by the ris; of political!economic retaliations and other sanctions? #. public opinions &. retorsions $. 6N machinery ,. conviction that obedience will redound to the public good %elationship with +unicipal Law +onist no substantial distinction "ualist +unicipal Law *ssued by a political superior for observance by those under its authority. /nactments of the lawA ma;ing authority *nternational Law Not imposed but adopted by states as a common rule of action. "erived from such sources as? international customs4 conventions or general principles of law #&3
%egulates relations of individuals among themselves >iolations are redressed through local 5udicial and administrative processes reaches entail individual responsibility
Applies to relations between states and international persons %esolved through stateA toAstate transactions Collective responsibility
*ncorporation "octrine of *ncorporation 9Section &4 Article **: A G adopts the generally accepted principles of international law as part of the law of the landG Although Philippines was not a signatory to the Dague and =eneva Conventions4 international 5urisprudence is automatically incorporated in Philippine law4 ma;ing 8A% C%*+/S punishable in the Philippines. 9Luroda vs. Ealandoni: Prolonged detention of stateless aliens pending deportation was deemed illegal incorporating 6niversal "eclaration of Duman %ights 9 orovs;y vs. Commissioner of *mmigration: 7ransformation "octrine of 7ransformation re@uires the enactment by the legislative body of such international law principles as are sought to be part of municipal law. Bprotect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of natureC ta;en from the 6niversal "eclaration of Duman %ights and the Alma Conference "eclaration of #0124 which recognizes health as a fundamental human right. LL"AKs authority to issue cease and desist order doctrine of necessary implication Conflict etween *nternational Law and +unicipal Law -n the domestic sphere4 with local court deciding? o *f in conflict with C-NS7*767*-N Consti prevails SC has the power to declare a treaty!e(ecutive agreement unconstitutional 8here Consti is the highest law of the land4 both statutes and treaties may be invalidated if they are in conflict with the Consti
o *f in conflict with S7A767/ "octrine of *ncorporation decrees that rules of international law are given e@ual standing with national legislative enactments4 not superior. 7reaty may repeal a statute4 a statute may repeal a treaty principle of $e7 posterior derogate priori 4 that which comes last in time will usually be upheld by the municipal tribunal %etail 7rade Nationalization Law prevails over the 7reaty of Amity with China and the 6niversal "eclaration of Duman %ights former passed in the e(ercise of police power of the State. -n the international sphere4 with an international tribunal deciding? o *nternational law is superior to municipal law because international law provides the standard by which to determine the legality of a StateKs conduct. Sources of *nternational Law A -n domestic sphere #. Constitution &. Legislative /nactments $. Case Law 9stare decisis: A -n international law problem because? #. no national legislature &. no fundamental law $. doctrine of precedents is not applicable Note? Article $24 Statute of *nternational Court of Eustice A Courts whose function is to decide in accordance with *nternational Law such disputes as are submitted to it4 shall apply? #. As P%*+A%O S-6%C/S *nternational 7reaties and Conventions =eneral or particular /stablishing rules e(pressly recognized by the contesting states. *nternational Customs /vidence of general practice4 accepted as binding law through persistent usage over a long period of time Custom be? #. prevailing practice by a number of states &. repeated over a considerable period of time $. attended by opinion 5uris or a sense of legal obligation =eneral Principles of Law #&1
%ules derived mainly from natural law4 observed and recognized by civilized nations. e.g. res 5udicata4 prescription4 pacta sunt servanda4 estoppel &. As S/C-N"A%O S-6%C/S Eudicial "ecisions =enerally of international tribunals. +ost authoritative? *CE N-7 really sources4 but Bsubsidiary meansC for finding what the law is and whether a norm has been accepted as a rule of international law. "ecision of a national court may be used depending upon the prestige and perceived impartiality of the domestic court4 not being in conflict with the decisions of international tribunals and its admissibility in the forum where it is cited. 8ritings of publicists #. fair and unbiased representation of international law &. by ac;nowledged authorities in the field *nterpretation of Article $2 although silent4 by practice4 hierarchy is? #. treaties &. customs $. general principles of law /(ception? Principle of Eus Cogens Customary international law which has the status of a peremptory 9absolute4 uncompromisisng4 certain: norm of international law. A peremptory norm is a norm accepted and recognized by the international community of states as a rule4 from which no derogation is permitted and which can be modified only as a subse@uent norm having the same character. /(ample? slave trade4 piracy and terrorism II. SU/9ECTS O+ INTERNATIONAL LA. "istinction etween Sub5ect and -b5ect of *nternational Law Sub5ect /ntity that has rights and responsibilities under international law. Proper party in transactions involving the application of the law of nation among members of the international community.
-b5ect Person or thing in respect of which rights are held and obligations assumed by the sub5ect. *t is not directly governed by the rules of international law. *ts rights are received4 and its responsibilities imposed4 indirectly through the instrumentality of an international agency. Sub5ects of *nternational Law #. states &. colonies and dependencies $. mandates and trust territories ,. Doly See .. 6nited Nations 3. belligerent communities 1. international administrative bodies 2. individuals States group of people living together in a fi(ed territory4 organized for political ends under an independent government and capable of entering into international relations with other states. /lements of a State #. People =roup of individual4 of both se(es4 living together as a community. Sufficient in number to maintain and perpetuate themselves. Casual gathering or a society of pirates would N-7 constitute a state. &. 7erritory 'i(ed portion on the earthKs surface occupied by the inhabitants. $. =overnment -rganized4 e(ercising control over and capable of maintaining law and order within the territory. Can be held internationally responsible for the acts of the inhabitants. *dentity of the state is not affected by changes in government. ,. *ndependence or Sovereignty 'reedom from outside control in the conduct of its foreign and internal affairs. #&2
-ther Suggested /lements? #. Civilization &. %ecognition Act by which a state ac;nowledges the e(istence of another state4 a government4 belligerent community and indicates its willingness to deal with the entity as such under international law. 7heories on %ecognition #. Constitutive 9+inority >iew: %ecognition is the act which constitutes the entity into an international person. %ecognition is compulsory and legal. *t may be compelled once the elements of the state are established. &. "eclarative 9+a5ority >iew: %ecognition merely affirms an e(isting fact4 li;e possession of the state of the essential elements. "iscretionary and political. asic %ules on %ecognition Political act. A matter of policy on the part of each state "iscretionary on the part of the recognizing authority. /(ercised by the political 9e(ecutive: department of the state. Legality and wisdom of recognition is not sub5ect to 5udicial review. %e@uirements for %ecognition of =overnment #. =overnment is stable and effective &. 8ith no substantial resistance to authority $. show willingness and ability to discharge its international obligation ,. government must en5oy popular consent or approval of the people 7obar!8ilson "octrine Precludes recognition of any government established by revolutionary means until constitutional reorganization by free election of representatives. Stimson "octrine No recognition of a government established through e(ternal aggression.
/strada "octrine %ecognition has been construed as approval and nonArecognition as disapproval4 of a government established through upheaval4 a state may not issue a declaration giving recognition to such government4 but merely accept whatever government is in effective control without raising the issue of recognition. "ealing or not dealing with the government is not a 5udgment on the legitimacy of the said government. Linds of %ecognition #. "e 'acto Some of the re@uirements for recognition are absent. %ecognition generally provisional Limited to certain 5uridical relations and it does not bring about full diplomatic intercourse "oes not give titles to assets of the state held or situated abroad &. "e Eure %e@uirements for recognition are fulfilled 8hen there is no specific indication4 recognition is generally considered de 5ure %elatively permanent 'ull diplomatic intercourse "iplomatic immunities Confers titles to assets abroad $. /(press ,. *mplied /ffects of %ecognition #. "iplomatic relations &. %ight to sue in the courts of the recognizing state $. *mmunity from 5urisdiction ,. /ntitlement to property within the recognizing state .. %etroactive validation of the acts of the recognized state!government Conditions for %ecognition of elligerency #. organized civil government having control and supervision over the armed struggle &. serious and widespread struggle with outcome uncertain #&0
$. occupation of a substantial portion of the national territory ,. willingness on the part of the rebels to observe the rules!customs of war absence of any will result merely in insurgency4 which is rarely recognized recognition may either be e(press or implied e(amples of implied? proclamation by the parent state of a bloc;ade of a port held by the rebels or proclamation of neutrality by a third state /ffects of %ecognition of elligerency #. %esponsibility for the acts of rebels resulting in in5ury to nationals of the recognizing state shall be shifted to the rebel government &. Legitimate government recognizing the rebels shall observe the laws of war in conducting hostilities $. $rd states recognizing the belligerency shall maintain neutrality ,. recognition is only provisional and for the purpose of the hostilities Creation of States #. accretion of independence &. agreement $. attainment of civilization ,. revolution .. unification 3. succession /(tinction of States #. e(tinction &. emigration en masse of its population $. loss of territory ,. overthrow of government resulting in anarchy Principle of State Continuity 7he state continues as a 5uristic being notwithstanding changes in the circumstances4 provided only that such changes do not result in the loss of any of its essential elements. Succession of States Linds? #. 6niversal &. Partial /ffects?
#. Political laws are abrogated while municipal laws remains in force &. 7reaties are discontinued e(cept those dealing with local rights and duties $. All rights of the predecessor state are inherited ,. Successor state can assume and re5ect liabilities in its discretion Con@uered state has no personality in international law. Succession of =overnment #. *ntegrity of the State is not affected &. State continues as the same international person e(cept that its lawful representative is changed Conse@uences of Succession of =overnment #. all rights of the predecessor government are inherited by the successor &. where the new government was organized by virtue of a constitutional reform duly ratified in a plebiscite4 all obligations of the predecessor are li;ewise assumed $. where the new government is established through violence4 the new government may lawfully re5ect purely personal political obligations of the predecessor but not those obligations contracted by it in the ordinary course of official business Classes of States #. *ndependent freedom to direct and control foreign relations without restraint from other states a. Simple single central government with power over internal and e(ternal affairs. b. Composite & or more sovereign states 5oined together to constitute one international person i. %eal 6nion & or more states are merged under a unified authority so that they form a single international person through which they act as one entity. State retains their separate identities. %espective international personalities are e(tinguished and blended in the new international person. ii. 'ederal 6nion &. "ependent theoretically a state4 but does not have full freedom in the direction of its e(ternal affairs #$J
a. Protectorate established at the re@uest of a wea;er state for the protection by a strong power b. Suzerainty result of a concession from a state to a former colony that is allowed to be independent sub5ect to the retention by the former sovereign of certain powers over e(ternal affairs of the latter. $. Neutralized independence and integrity are guaranteed by an international treaty on the condition that such states obligates itself never to ta;e up arms against any other state 9e(cept in selfA defense: or to enter into an international obligation as would indirectly involved it in war. >atican City and the Doly See Das all the constituent elements of statehood. Das all the rights of a state. 7he Doly See is an international person with which the Philippines had diplomatic ties until #0.1. Colonies and "ependencies Colony dependent political community consisting of a number of citizens of the same country who migrated to inhabit another country4 but remain sub5ect to the mother state. "ependency territory distinct from the country in which the supreme power resides4 but belongs rightfully to it4 and sub5ect to the laws and regulations which the sovereign may prescribe. N-7/? 7heoretically4 they belong to the parent state and are without any personality. Dowever4 on occasions4 colonies have been allowed to participate in their own right to certain international underta;ing. 7erritories under *nternational Control or Supervision NonAselfAgoverning territories which have been placed under international supervision or control to insure their political4 economic4 social and educational advancement. +andates? former territorial possession of states defeated in 8orld 8ar and placed under control of the League of Nations +any of these mandates became trust territories which are placed under the 7rusteeship Council of the 6nited Nations.
Condominium territory 5ointly administered by & states. 7he 6nited Nations Distorical "evelopment #. League of Nations &. London "eclaration $. Atlantic Charter ,. "eclaration by 6nited Nations .. +oscow "eclaration 3. "umbarton -a;s Proposal 1. Oulta Conference 2. San 'rancisco Conference 0. 6N =eneral Assembly welcomed +acedomia 6N Charter Constitution4 that governs the relations of international persons 7echnically4 a treaty a contract which parties must respect under the doctrine of pacta sunt servanda4 although it also applies to nonAmember States at least in so far as may be necessary for the maintenance of international peace and security. ### articles R preamble R concluding provisions Anne(ed is the Statute of the *CE Amendment &!$ of the members of the =eneral Assembly and ratified in accordance with their respective constitutional processes by &!$ of the members of the 6N4 including permanent members of the Security Council A general conference called by a ma5ority vote of the =eneral Assembly and any nine members of the Security Council4 may propose amendments by a &!$ vote of the conference and shall ta;e effect when ratified by &!$ of the members of the 6N4 including the permanent member of the Security Council. Principal -b5ectives #. prevention of war &. maintenance of international peace and security $. development of friendly relations among members of the international community ,. attainment of international cooperation .. harmony in the actions of nations #$#
+embership Classes? based on the manner of admission4 members may be? #. -riginal &. /lective <ualification #. State &. peaceAloving $. accept the obligations under the Charter ,. able and willing to carry out these obligations Admission "ecision of &!$ of those present and voting in the =eneral Assembly upon recommendation of at least 0 including permanent members of the Security Council Suspension "ecision of &!$ of those present and voting in the =eneral Assembly upon recommendation of at least 0 including permanent members of the Security Council /ffects? #. Cannot participate in meetings &. Cannot be elected to continue or to serve in the Security Council4 /conomic and Social Council and 7rusteeship Council $. Nationals may continue to serve in the Secretariat and *C4 ,. A member is still sub5ect to discharge its obligations under the Charter 7o lift4 @ualified ma5ority vote of the Security Council /(pulsion &!$ vote of those present and voting in the =eneral Assembly upon recommendation of at @ualified ma5ority of the Security Council =round? persistently violating the principles contained in Charter 8ithdrawal *ntended that no provision on withdrawal is included in the charter. No compulsion for continued membership. #. &. $. ,. .. Principal -rgans =eneral Assembly Security Council /conomic and Social Council 7rusteeship Council Secretariat
3. *nternational Court of Eustice =eneral Assembly A Consist of all the members of the organization A /ach is entitled to not more than . representative and . alternates A /ach member has only one vote A %egular session once a year A +ay hold special sessions called by Secretary =eneral at the re@uest of the Security Council or ma5ority of members A -n important @uestions4 vote of &!$ of the members present and voting is re@uired A -n other @uestions4 a simple ma5ority A 7o classify the @uestion as important4 the vote re@uired is a simple ma5ority A 'unctions #: "eliberative &: Supervisory $: 'inancial ,: /lective .: Constituent Security Council A Ley organ in the maintenance of international peace and security A Composition #: . permanent members? China4 'rance4 %ussia4 6L and 6S &: #J elective members4 elected for & years by the =eneral Assembly . from African and Asian States & from Latin American States & from 8estern /uropean and other states # from /astern /uropean state A 'or elective members4 no immediate reelection is allowed A 'unction continuously and sessions may be called at any time A %epresentative of the state should always be available A 'unctions #: +aintain peace and security &: *nvestigate disputes and call disputants to settle their differences through peaceful means $: %ecommend methods of ad5ustment of disputes ,: "etermine the e(istence of threats to peace4 breach of peace4 acts of aggression and ma;e appropriate recommendations4 #$&
.: 6nderta;e preventive and enforcement actions Preventive actions #: Provisional measures to prevent a conflict from worsening &: "eployment of peace;eeping and observer mission A /stablished by Security Council A "irected by the Secretary =eneral A Consent of the host government A +ilitary observers shall be unarmed A Peace ;eeping forces may be armed with light weapons4 but are not authorized to use force e(cept in selfAdefense A -perations must not interfere with internal affairs $: -ther measures A *nterruption of economic relations4 communication or diplomatic relations4 e(cept for humanitarian reasons /nforcement actions #: "eployment of air4 sea and land forces &: *nstitution of a bloc;ade "omestic Eurisdiction Clause Necessary for settlement of disputes -nly limitation is that dispute must be international -therwise4 such action would violate the principle that 6.N. shall not intervene in any matter within the 5urisdiction of any State. >oting? 7he Oalta 'ormula /ach member of the Security Council shall have one vote4 distinction as to permanent and nonA permanent members in the resolution of substantive @uestions. Procedural matter affirmative vote by any 0 or more members. NonAprocedural matters concurrence of at least 0 members4 including all the permanent members. "etermination of whether a matter is procedural or substantive4 is nonAprocedural Bdouble vetoC by a permanent member. Abstention or absence of any permanent member is not considered a veto. /conomic and Social Council
., members elected by the =eneral Assembly for a $Ayear term /(ert efforts toward? #: Digher standards of living &: Conditions of economic and social progress and development $: Solutions of international economic 4 social and health related problems ,: 6niversal respect for and observance of human rights and fundamental freedoms "ecisions reached by a ma5ority vote 7rusteeship Council Assisting the Security Council and the =eneral Assembly in the administration of the *nternational 7rusteeship System Composition #: +embers of 6N administering trust territories &: Permanent members of the Security Council not administering trust territories $: As many other members elected by the =eneral Assembly as may be necessary to ensure that the total number of members of the 6N which administer trust territories and those which did not Secretariat Chief administrative organ of the 6N Deaded by the Secretary =eneral who is chosen by the =eneral Assembly upon recommendation of the Security Council Secretary =eneral Dighest representative of the 6N4 authorized to act in its behalf Acts as Secretary in all meetings of the =eneral Assembly4 Security Council. /conomic and Social Council and 7rusteeship Council *nternational civil servants Cannot receive instructions from any government or source outside the 6N %ight of Political *nitiative +ay bring to the attention of the 6N Security Council any matter which4 in his opinion4 may threaten international peace and security. *nternational Court of Eustice Principal 5udicial organ of the 6N Composition? #. members #$$
elected for a term of 0 years by absolute ma5ority vote in the =eneral Assembly and the Security Council in separate elections. no two of whom must be nationals of the same state <ualifications must possess high moral character possess the @ualifications re@uired in their respective countries for appointment to their highest 5udicial offices Court decides contentious cases and renders advisory opinions. -nly states4 including nonAmembers of the 6N4 may be parties in contentious cases. Eurisdiction of the court is based on the consent of the parties in accordance with Boptional 5urisdiction clauseC Court may decide on? the interpretation of treaties4 any @uestion of international law4 the e(istence of facts constituting breach of international obligations and the nature or e(tent of the reparation to be made for the breach of an international obligation. Advisory opinions may be given upon re@uest of the =eneral Assembly4 or the Security Council or the other organs of the 6N when authorized by the =eneral Assembly.

*nternational Administrative odies A NonApolitical A Autonomous A Not sub5ect to control by any state *nternational Law Commission o /stablished by 6N =eneral Assembly in #0,1 o 7o promote the codification and progressive development of international law. o -ne of the functions? to produce "raft Articles which may codify certain customary international law or aid in its development. o /.g. "raft Articles on State %esponsibility Legality of the 7hreat or 6se of Nuclear 8eapons -pinion 98D- Case: o *CE ruled that it did not have 5urisdiction to decide on re@uest of 8D- to render an advisory opinion on whether the use of nuclear weapons by a
State in war or other armed conflict would be a breach of its obligations under international law4 including 8D- Convention. o *nternational organizations are governed by the P%*NC*PL/ -' SP/C*AL7O4 that they are invested by the States which create them with powers4 the limits of which are a function of the common interest whose promotion those States entrust to them. o 7o accede to the demand of 8D- would be violative of the Principle of Specialty4 for such competence could not be deemed a necessary implication of the Constitution. *ndividuals A 7raditionally considered as ob5ects A =ranted a certain degree of international personality under a number of Agreements? #. 6N Charter &. 6niversal "eclaration of Duman %ights $. treaties4 e.g. 7reaty of >ersailles ,. 7he need for States to maintain an international standard of 5ustice in the treatment of aliens .. =enocide Convention 3. #0$J Dague Convention 1. #0.J /uropean Convention on Duman %ights and 'undamental 'reedoms III. +UN,A-ENTAL RIGHTS O+ STATE #. /(istence and SelfAPreservation &. %ight to Sovereignty and *ndependence $. %ight of /@uality /(istence and SelfAPreservation Article .# of the 6N Charter %ight of the state to individual and collective selfAdefense through regional appointments4 if an armed attac; occurs against such state4 until the Security Council has ta;en measures necessary to maintain international peace and security. %ight may be resorted to upon clear showing of grave and actual danger and must be limited to necessity. Security Council which determines whether or not an Barmed attac;C has ta;en place. Aggression 7he use of armed force by a state against the sovereignty4 territorial integrity or political #$,
independence of another state or in any other manner inconsistent with the 6N Charter. 7he first use of armed force by a State in contravention of the 6N Charter is prima facie evidence of an act of aggression. -ther principles #. No consideration of whatever nature4 political4 economic or military4 can 5ustify aggression. &. A war of aggression is a crime against international peace which will give rise to international responsibility. $. No territorial ac@uisition or special advantage resulting from aggression shall be recognized as lawful. ,. All these are without pre5udice to the right of selfAdetermination4 freedom and independence of people deprived of such rights4 nor the right to these people to struggle to that end and to see; and receive support. %ight to Sovereignty and *ndependence Sovereignty 7he totality of the powers4 legal competence and privileges of a state arising from customary international law and not dependent on the consent of another state. *ndependence 7he freedom to conduct foreign relations without outside control. 7he right to independence is a natural aspiration of people. *t is not an absolute freedom. >alid restraints may consist in the obligation to observe #. the rights of others &. treaty stipulations $. obligations arising from membership in international organizations *ntervention State interferes in the domestic or foreign affairs of another state through the use of force or threat of force. Protest or demand for rectification or reparation does not comprise intervention. #. *ntervention used to be 5ustified for preservation of the balance of power4 preAemptive selfAdefense4 enforcement of treaty obligation4 collection of debts
9subse@uently prohibited "rago "octrine in the D=6/ Convention:. &. Contemporary *nternational Law4 intervention is not allowed. o Article &4 6N Charter even 6N is precluded from intervening in matters essentially within the domestic 5urisdiction of a state4 unless necessary to remove and prevent threats to the peace4 breaches or acts of aggression. o #03. 6N =eneral Assembly no state has the right to intervene4 directly or indirectly4 in the affairs of another. $. At present4 intervention is allowed only? a. as an act of individual or collective selfAdefense in response to an armed attac; b. pursuant to treaty stipulations or c. with prior 6N authorization %ight of /@uality A Article & of 6N Charter -rganization is based on the principle of sovereign e@uality of all its members =uaranteed is legal or sovereign e@uality? e@ual in law4 rights of sovereignty4 personality4 territorial integrity and political independence respected by others. Not e@uality in fact A Act of State "octrine A state should not in@uire into the legal validity of the public acts of another state done within the territory of the latter. Considerations such as motive are immaterial. State doctrine seems to ma;e a determination on the validity of the confiscation of property by a foreign state a violation of the principle of international law. 9Sabbatino Case: Acts of torture4 e(ecution and disappearance were clearly acts outside of the PresidentKs authority and are not covered by the act of state doctrine. A "octrine of State *mmunity As a conse@uence of independence4 territorial supremacy and e@uality4 a state en5oys immunity from the e(ercise of 5urisdiction 9e(ecutive4 legislative4 5udicial: by another state4 unless he has gi#en consent4 !ai#ed its imm%nit) or #o$%ntari$) s%bmitted to the 5urisdiction of the court concerned.
Neither may its public property be attached or ta(ed4 nor its public vessel be boarded4 arrested or sued. ased on the principle of par in parem non habet imperium. 7he StateKs immunity e(tends to the Dead of State who is the personification of the State. %estrictive Application of the "octrine -nly with respect to sovereign or public acts of the state and cannot be invo;ed with respect to private or proprietary acts. Neither may this immunity be invo;ed when the foreign state sues in the courts of another state4 for then it is deemed to have submitted itself to the ordinary incidents of procedure and thus4 a counterclaim may be validly set up against it. -n Labor Contracts *mmunity /(tends to "iplomatic Personnel to the 6nited Nations4 its organs and specialized agencies and to international organizations 8aiver of *mmunity #. gives its consent at the time the proceeding is instituted &. ta;es steps relating to the merits of the case before invo;ing immunity $. by treaty or contract4 it had previously given consent ,. by law or regulation in force at the time the complaint arose4 it has indicated that it will consent to the institution of the proceedings.
I*. RIGHT TO TERRITORIAL INTEGRIT6 AN, 9URIS,ICTION 7erritory A 'i(ed portion on the surface of the earth on which the State settles and over which it has supreme authority. A Components? #. 7errestrial &. Aerial $. 'luvial ,. +aritime A National 7erritory of the Philippines Section #4 Article *. A -rganic Acts #. 7reaty of Paris cession of the Philippine *slands by Spain to the 6S #$.
&. 7reaty between Spain and the 6S Cagayan4 Sulu and Sibuto $. 7reaty between 6S and =reat ritain 7urtle *slands and +angsee *slands ,. #0$. Constitution atanes .. #01$ Constitution by historic or legal title 3. P" #.03 Lalyaan *slands by virtue of occupation and e(ercise of 5urisdiction Land 7erritory 97errestrial "omain: +odes of Ac@uisition #. "iscovery and -ccupation 7erritory not belonging to any State or terra nullius is placed under the sovereignty of the claiming State. "iscovery alone merely creates an inchoate right and it must be followed within a reasonable time by effective occupation and administration. Palmas *sland Arbitration Case inchoate right flowing from discovery was deemed lost because administration was not underta;en within a reasonable time. Clipperton *sland Case small territory infre@uent administration sufficient /astern =reenland Case thinly populated and uninhabited areas4 very little actual e(ercise of sovereignty was needed in the absence of competition. Lalayaan *slands 7omas Cloma claim to the islands is 5ustified by reason of history4 indispensable need and effective occupation and control. +anila "eclaration of #00& whatever conflicting claims4 there may be over the islands shall be resolved in a peaceful manner4 through diplomatic negotiations. &. Prescription Continuous and uninterrupted possession over a long period of time *n international law4 as opposed to civil law4 there is no rule of thumb as to the length of time needed for ac@uisition of territory through prescription. =rotius doctrine of immemorial prescription uninterrupted possession going beyond memory. $. Cession a. >oluntary o 7reaty of Sale #$3
o 7reaty of "onation b. *nvoluntary or 'orced ,. Con@uest No longer recognized. 6N Charter prohibits resort to threat or use of force against territorial integrity or political independence. Stimson "octrine 9even before 6N Charter: which forbade recognition of any government set up through e(ternal aggression. .. Accretion *ncrease in the land area of the State4 through natural means or artificially through human labor +aritime Authority 9'luvial and +aritime "omain: #: *nternal 9National: 8aters odies if water within the land mass. 7he 6N Convention on the Law of Seas all waters on the landward side of the baselines of the territorial sea. i. %ivers National oundary divide territories of States *nternational flows through various states o 7halweg "octrine? 'or boundary rivers4 in the absence of an agreement between the riparian States4 the boundary line is laid on the middle of the main navigable channel o +iddle of the ridge "octrine? 8here there is a bridge over a boundary river4 the boundary line is the middle or center of the bridge. ii. ays and =ulfs ay wellAmar;ed indentation whose penetration is in such proportion to the width of its mouth as to contain landAloc;ed waters and constitute more than a curvature of the coast. Area must be as large or larger than a semiA circle whose diameter is a line drawn across the mouth of such indentation4 or if the mouth is less than &, miles wide. Distoric ay waters are considered internal because of the e(istence of historic title. iii. Straits narrow passageways connecting & bodies of water. *f the distance between the two opposite coasts is not more than 3 miles4 they are considered internal waters.
iv. Canals Suez Canal A neutralized Panama Canal open to everyone in times of war or peace &: Archipelagic 8aters Archipelagic "octrine 7he waters around4 between and connecting the islands of the archipelago4 regardless of their breadth or dimension4 are to be treated as internal waters. Archipelago group of islands 9including parts of island:4 interconnecting waters and other natural features which are closed interrelated in such islands4 waters4 and other natural features which form an intrinsic geographical4 economic and political entity for which historically has been regarded as such. Straight aseline +ethod to determine e(tent of archipelagic waters4 the archipelagic state shall draw straight baselines connecting the outermost points of the outermost islands and drying reefs providing that the ratio of the area of the water to the area of the land4 including atolls4 is between #?# and 0?#. 7he length of such baselines shall not e(ceed #JJ nautical miles4 e(cept that up to $H of the total number of base lines inclosing any archipelago may e(ceed that length4 up to a ma(imum of #&. nautical miles. 7he baselines drawn should not depart from4 to any appreciable e(tent4 from the general configuration of the archipelago. All the waters within the baselines shall be considered as internal waters. 7he breadth of the #&Amile territorial sea4 the contiguous zone4 the e(clusive economic zone and the continental shelf shall then be measures from the archipelagic baselines. >essels may be allowed innocent passage. 7his right may be suspended4 after P6 L*CA7*-N in the interest of *N7/%NA7*-NAL S/C6%*7O. Coastal state may designate the A%CD*P/LA=*C S/A LAN/S for continuous4 unobstructed transit vessels. $: 7erritorial Sea A belt of the sea located between the coast and internal waters of the coastal state on one hand and the high seas on the other4 e(tending up to #& nautical miles from the lowAwater mar;4 or in case of archipelagic states4 from the baselines. #$1
=%? ships 9not aircrafts: of all states en5oy the right of innocent passage through the territorial sea 9not waters:. +ust be continuous and e(peditious. /(ception? force ma5eure Submarines and other underwater craft are re@uired to navigate on the surface and to show their flag ,: Contiguous None e(tends up to #& nautical miles from the territorial sea. 7echnically4 not part of the territory of the State. Coastal state may e(ercise limited 5urisdiction over the contiguous zone to prevent infringement of customs4 fiscal4 immigration or sanitary laws. .: /(clusive /conomic None e(tends up to &JJ nautical miles from the lowAwater mar; or the baselines. Coastal state may e(ercise sovereign rights over economic resources of the sea4 seabed4 subsoil4 -ther States shall have freedom of navigation and overAflight4 to lay submarine cables and pipelines4 and other lawful uses. States with overlapping //N enter into appropriate treaty for 5oint e(ploitation and utilization. Philippine //N Scarborough Shoal 3: Continental Shelf Comprises the seabed and the subsoil of the submarine areas that e(tends beyond the territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin4 or to a distance of &JJ miles from the baselines from which the territorial sea is ensured where the outer edge of the continental margin does not e(tend up to that distance. Coastal state en5oys right of e(ploitation of oil deposits and other resources in the continental shelf. *n case continental shelf e(tends to the shores of another State4 or is shared with another State4 the boundary shall be determined in accordance with e@uitable principles. 1: Digh Seas 7reated as res communes or res nullius Not territory of any particular state 7raditional view? 'reedom of the high seas open and available4 without restriction4 to the use of all states for the purpose of navigation4 flight over
them4 laying submarine cables and pipes4 fishing4 research4 mining4 etc. At present4 sub5ect to regulation arising from treaty stipulations. 'reedom of navigation right to sail ships on the high seas4 sub5ect only to international law and the laws of the flag state. Settlement of "ispute Arising from the 6N Convention on the Law of the Sea 96NCL-S: Part P> of #02& 6N Convention on the Law of the Sea %e@uires States to settle peacefully any dispute concerning the convention. 'ailing bilateral settlement settled for compulsory settlement to one of the tribunals having 5urisdiction. *nternational 7ribunal for the Law of the Sea4 *CE4 and arbitral or special arbitral tribunals constitutes under 6NCL-S Air 7erritory A Aerial domain A Air space above the land and water of the state. A *nternational Convention on Civil Aviation 9Chicago Convention: /very State has complete and e(clusive sovereignty over the air space above its territory) but this shall not include outer space 9re communes:. -ther States have no right of innocent passage over the air territory of another State. . 'reedoms 9of Air 7ransportation for Scheduled *nternational Services: 'ly across the territory without landing Land for nonAtraffic purposes Land to put down passenger4 mail4 cargo of flag territory Land to ta;e passenger4 mail4 cargo of flag territory Put down passenger4 mail4 cargo from these territories A #02# %esolution of the *nternational Civil Aviation -rganization *ntrusion into the air space by civilian aircraft may be intercepted but in no case shall the interception be attended with the use of weapons. +ilitary aircraft may be shot down. #$2
-uter Space %ules governing high seas apply) considered res communes. 6nder customary international law4 States have the right to launch satellites in orbit over the territorial air space of other States. -uter Space 7reaty of #031 #. -uter space is free for e(ploration and use by all States &. Cannot be anne(ed by any State $. +ay be used e(clusively for peaceful purposes. 9nuclear weapons of mass destruction may not be placed in orbit around the earth: #01& Convention on *nternational Liability for "amage Caused by -uter Space -b5ects o States which launch ob5ects into space may be held liable for the harmful contamination or for damage which may be caused by falling ob5ects. 7heories on where outer space begins #. lowest altitude for artificial earth satellites to orbit without being destroyed by friction 90J ;ms above earth: &. theoretical limits of air flights 92, ;ms above earth: $. functional approach rules shall not depend on the boundaries set4 but on the nature of the activity underta;en. Eurisdiction A Power or authority e(ercised by a State over land4 persons4 property4 transactions and events. A ases of Eurisdiction #. 7erritorial Principle State may e(ercise 5urisdiction only within its territory. /(ceptionally4 it may have 5urisdiction over persons and acts done outside its territory depending on the ;ind of 5urisdiction it invo;es. 8hile there is no territorial limit on the e(ercise of 5urisdiction over civil matters4 a State4 as a general rule4 has criminal 5urisdiction over offenses committed committed within its territory4 e(cept over? #. continuing offenses &. acts pre5udicial to the national security or vital interests of the State
$. universal crimes ,. offenses covered by special agreement 9obsolete: &. Nationality Principle State has 5urisdiction over its nationals anywhere in the world4 based on the theory that a national is entitled to the protection of the State wherever he may be4 and thus4 is bound to it by duty of obedience and allegiance4 unless he is prepared to renounce his nationality. Applies to civil matters 9Article #. of CC: and ta(ation. N-7 applicable to criminal offenses. $. Protective Principle State has 5urisdiction over acts committed abroad 9by nationals or foreigners: which are pre5udicial to its national security or vital interests. Article & of %PC4 Philippines has 5urisdiction over #. offenses committed on board a Philippine ship or airship &. forging!counterfeiting of Philippine coins or currency notes $. introduction into Philippines of such forged or counterfeit coins or notes ,. offenses committed by public officers or employees in the e(ercise of official functions .. crimes against national security and the law of nations ,. Principle of 6niversality State has 5urisdiction over offenses considered as universal crimes regardless of where committed and who committed them. 6niversal crimes threaten the international community as a whole and are considered criminal offenses in all countries? a. =enocide b. Piracy 5ure gentium c. 8hite slave trade d. Di5ac;ing e. 7errorism f. 8ar crimes .. Principle of Passive Personality State e(ercises 5urisdiction over crimes against its own nationals even if committed outside its territory. +ay be resorted to if the others are not applicable. #$0
A /(emptions from Eurisdiction #: "octrine of State *mmunity &: Act of State "octrine A state could not in@uire into the legal validity of the public acts of another State done within the territory of the latter. 7he doctrine is more of a choice of law rule4 and may be raised by private parties. $: "iplomatic *mmunity Part of customary international law. 7o uphold their dignity as representative of their respective States and to allow them free and unhampered e(ercise of their functions. Procedure for claiming immunity? #: %e@uest by the foreign state for an e(ecutive endorsement by the "epartment of 'oreign Affairs &: "etermination made by the /(ecutive "epartment is a political @uestion which is conclusive on Philippine courts. Dead of the State en5oys personal immunity from the 5urisdiction of another State #03# >ienna Convention on "iplomatic %elations %ight of the foreign State to ac@uire property in the receiving State for its diplomatic mission4 as well as immunity of the diplomatic envoy from civil 5urisdiction of the receiving State over any real action relating to immovable property which the envoy holds on behalf of the sending state for purposes of the mission. ,: *mmunity of the 6nited Nations4 its -rgans4 Specialized Agencies4 other *nternational -rganizations and its -fficers Article #J.4 6N Charter? Borganizations4 officers4 representatives of members4 who shall such privileges and immunities as are necessary for the independent e(ercise of their functions.C Secure them legal and practical independence in fulfilling their duties. 'ree from political pressure or control by the host country. Convention on the Privilege and *mmunities of the 6nited Nations the immunities are with respect to? #: Legal processes relative to words spo;en or written and acts in their official capacity &: 7a(ation on salaries and emoluments $: National service obligations
,: *mmigration4 restriction and alien registration .: Same immunities as are en5oyed by diplomats of comparable ran; *nternational agency4 en5oys immunity from the legal writs and processes of the Philippines4 because sub5ection to local 5urisdiction would impair the capacity of such body to discharge its responsibilities impartially in behalf of its member States. Section $#4 Convention on the Privileges and *mmunities to Specialized Agencies of the 6N provides remedy for those who may be adversely affected by these immunities each specialized agency of the 6N shall ma;e a provision for appropriate modes of settlement of disputes arising out of contracts or other disputes of private character to which it is a party. .: 'oreign merchant vessels e(ercising the right of innocent passage or arrival under stress *nnocent Passage? navigation through the territorial sea of a State for the purpose of transversing that sea without entering internal waters4 or of proceeding to internal waters4 or ma;ing for the high seas from the internal waters4 as long as it is not pre5udicial to the peace4 good order or security of the coastal State. Arrival under stress? involuntary entrance4 due to lac; of provisions4 unseaworthiness of vessel4 inclement weather or other case of force ma5eure4 such as pursuit by pirates. 3: 'oreign armies passing through or stationed in the territory with the permission of the State 1: 8arships and other public vessels of another State operated for nonAcommercial purposes =enerally immune from local 5urisdiction Bfloating territoryC Crew members are immune from local 5urisdiction when on shore duty. N!A if the crew members violate local laws while on furlough or offAduty Eurisdiction over Land Authority A Save for e(ceptions4 the State e(ercises 5urisdiction over everything found within the terrestrial domain. Eurisdiction over +aritime Authority A -ver internal waters #,J
Same 5urisdiction as land area4 since the internal water are deemed assimilated in the land mass 'oreign merchant vessels doc;ed in a local port or bay4 the coastal state e(ercises 5urisdiction in civil matters4 but criminal 5urisdiction depends on? #: /nglish %ule? coastal state shall have 5urisdiction over all offenses committed on board the vessel e(cept those which do not compromise the peace of the port &: 'rench %ule? flag State shall have 5urisdiction over all offenses committed on board the vessel e(cept those which compromise the peace of the port. A -ver archipelagic waters Same rule as internal waters. /(cept for innocent passage of merchant vessels through archipelagic sea lanes. A -ver the territorial sea Criminal 5urisdiction over foreign merchant vessels depends on /nglish %ule or 'rench %ule /(ceptions? #: *nnocent passage and &: *nvoluntary surrender 9distress on the vessel must be real: A -ver the contiguous zone 6N Convention on the Law of the Sea4 the Coastal State may e(ercise the control necessary to prevent infringement of its customs4 fiscal4 immigration and sanitary regulations4 and punish the said infringement. A -ver the e(clusive economic zone 6N Convention on the Law of the Sea4 Coastal State has sovereign rights over the //N for purposes if e(ploring and e(ploiting4 conserving and managing the natural resources4 whether living or nonAliving4 of the seaAbed4 subAsoil4 and the super5acent waters as well the production of energy from the water4 currents and winds. -ther States shall have the freedom of navigation and overAflight4 to lay submarine cables and pipes and other lawful uses. A -ver the continental shelf Coastal State en5oys the right of e(ploitation of oil deposits and other resources in the continental shelf. *n case the continental shelf e(tends to the shores of another State or is shared with another
State4 the boundary shall be determined in accordance with e@uitable principles. A -ver the high seas *ts vessels 'lag state has 5urisdiction over its public vessels wherever they are4 and over its merchant vessels on the high seas. ecause of the B'lags of ConvenienceC Controversy4 the 6N Convention on the Law of the Sea concedes that a vessel shall have the nationality of the flag it flies provided there is genuine lin; between the State and the vessel State must effectively e(ercise 5urisdiction and control in administrative4 technical and social matters over the ship. Pirates /nemies of man;ind +ay be captured on the open seas by the vessels of any State /ngaged in illicit traffic in drugs and slave trade All states shall cooperate in the suppression of? #: *llicit traffic in narcotics &: *llicit traffic in slave trade $: 7errorism ,: 6nauthorized broadcasting from the high seas4 e(cept in distress calls *n the e(ercise of the right to visit and search Laws of Neutrality public vessels or aircraft of a belligerent State may visit and search any neutral merchant vessel on the open seas and capture it if found to be engaged in activities favorable to the other belligerent. 6nder the doctrine of hot pursuit *f an offense is committed by a foreign merchant vessel within the territorial waters of the coastal state 9or of the coastal state has good reason to believe that such an offense had been committed: the said StateKs vessels may pursue the offending vessel into the open seas and4 upon capture4 bring it bac; to its territory for punishment. /(ercised to violations committed in the //N or on the continental shelf installations. Dowever4 to be lawful? #: 7he pursuit must have begun before the offending vessel has left the territorial waters or the contiguous zone of the coastal state &: 7he pursuit must be continuous and unabated #,#
$: Ceases as soon as the ship being pursued enters the territorial sea of its own or of a 7hird State. Eurisdiction over other 7erritories 9/(traA7erritorial Eurisdiction: A State may4 by virtue of customary and conventional law4 e(tend its 5urisdiction to territory not within its sovereignty in the following? #: Assertion of personal 5urisdiction over its national abroad &: %elations with other states4 as when it establishes a protectorate4 condominium4 or administers trust territory or occupies enemy territory in the course of war $: Conse@uence of waiver of 5urisdiction by the local state over person and things within the latterKs territory ,: Principle of e(traterritoriality4 e(emption of persons and things from the local 5urisdiction on the basis of international custom. 9Principle of e(traAterritoriality? e(emption from 5urisdiction is based on treaty or convention) discredited: .: /n5oyment of easements and servitudes %ome Statute of the *nternational Criminal Court 9*CC: A Adopted in Euly4 #022 by a Conference of States in %ome A Come into e(istence once 3J States have ratified A Philippines signed the *CC Statute on &2 "ecember &JJJ A Eanuary &JJJ #&, countries have signed) only &. have ratified A Eurisdiction of the court limited to serious crimes of concern to international community as a whole a. =enocide b. Crimes against humanity c. 8ar crimes d. Crimes of aggression *. RIGHT O+ LEGATION 7he %ight of Legation %ight of "iplomatic *ntercourse %ight of the state to send and receive diplomatic missions4 which enables States to carry on friendly intercourse.
Not a natural or inherent right4 e(ists by common consent. No legal liability is incurred by the State for refusing to send or receive diplomatic representatives. =overned by the >ienna Convention on "iplomatic %elations. Agents of "iplomatic *ntercourse #. Dead of State /mbodiment of the sovereignty of the State /n5oys right to special protection for his physical safety and the preservation of his honor and reputation. /n5oys principle of e(territorilaity @uarters4 archives4 property and means of transportation are inviolable *mmune from criminal and civil 5urisdiction4 e(cept when he himself is the plaintiff Not sub5ect to ta( or e(change or currency restrictions. &. 7he 'oreign -ffice /ntrusted with the actual dayAtoAday conduct of foreign affairs Deaded by Secretary or +inister who can ma;e binding declarations on behalf of his government. /stablishment of %esident +issions States carry on diplomatic intercourse through permanent missions established in the capitals of other States. Composed of? #. Dead of +ission Classified by >ienna Convention? a. Ambassadors!nuncios accredited to Dead of State4 and other heads of mission of e@uivalent ran; b. /nvoys!ministers!internuncios4 accredited to Dead of State c. Charges dKaffaires4 accredited to +inisters of 'oreign Affiars &. "iplomatic Staff /ngaged in diplomatic activities and are accredited diplomatic ran; $. Administrative and 7echnical Staff /mployed in administrative and technical staff of the mission #,&
,. Service Staff /ngaged in domestic service of the mission "iplomatic Corps According to custom4 all diplomatic envoys accredited to the same state form a body ;nown as the "iplomatic Corps "oyen!head of the body? #: Papal Nuncio &: -ldest ambassador $: -ldest minister plenipotentiary Appointment of /nvoys *n the Philippines4 the President cannot be @uestioned Sending state is not absolutely free in the choice of its diplomatic representatives4 especially heads of mission /CA6S/ the receiving State has the %*=D7 7- %/'6S/ to receive as envoy of another State a person whom it considers unacceptable4 7o avoid embarrassment4 sending State may resort to an *N'-%+AL in@uiry 9en@uiry: to which the receiving State responds with an informal conformity 9agreement: A=%/A7*-N After conclusion of the informal process4 the diplomatic mission commences when the envoy presents himself at the receiving state generally armed with the following papers? #: L/77%/ "/ C%/ANC/ 9Letter of Credence: name!ran;!general character of the mission and a re@uest for favorable reception and full credence &: "*PL-+A7*C PASSP-%7 authorizing his travel $: *NS7%6C7*-NS includes document of full powers 9pleins pouvoirs: authorizing him to negotiate on e(traordinary or special business ,: C*PD/%!C-"/!S/C%/7 L/O for communications with his country 'unctions #: %epresent sending State &: Protect in receiving State the interests of the sending State and its nationals4 within the limits of international law $: Negotiating with the government of receiving State ,: Ascertaining by all lawful means the conditions and development in the receiving State
.: Promote friendly relations 3: "eveloping their economic4 scientific relations
cultural
and
"iplomatic *mmunities and Privileges e(cept as provided below4 immunities and privileges are en5oyed by the /N>-O and the +/+ /%S of the "*PL-+A7*C %/7*N6/ #: Personal *nviolability Not liable for any form of arrest or detention 7reat him with due respect and ta;e all steps to prevent any attac; on his person4 freedom or dignity. %A 1. punishes any person who assaults4 stri;es4 wounds4 offers violence to the person of the ambassador or minister 9e(cept when in selfA defense: 6N C-N>/N7*-N -N 7D/ P%/>/N7*-N AN" P6N*SD+/N7 -' C%*+/S A=A*NS7 *N7/%NA7*-NALLO P%-7/C7/" P/%S-NS considers crimes against diplomatic agents as international not political in nature. "iplomatic envoy may be arrested temporarily in case of urgent danger 9acts of violence: which ma;es it necessary to put him under restraint for the purpose of preventing similar acts) must be released and sent home in due time. &: *nviolability of Premises and Archives Premises occupied and private residence Agents may not enter w!o consent of the envoy /(ception? e(treme cases of necessity fire) imminent danger Cannot be entered or searched =oods4 records4 archives cannot be detained by local authorities even under process of law Service of writs4 summons4 orders or processes within the premises of the mission or residence of the envoy is prohibited /ven if a fugitive ta;es refuge but must be surrendered upon demand by local authorities /PC/P7? %ight of asylum e(ists N!A when the ambassador himself re@uest local police assistance >ienna Convention receiving State has the special duty to protect diplomatic premises against invasion4 damage or any act tending to disrupt the peace and dignity of the mission. #,$
*mmune from search4 re@uisition4 attachment or e(ecution #: Premises &: 'urnishings $: -ther property thereon ,: +eans of transport of the mission .: Archives 3: "ocuments 1: Papers 2: Correspondence of the mission 6nless the treaty is recognized by treaty or local usage envoy should not permit the premises of his mission or his residence to be used as a place of asylum for fugitives from 5ustice. ut he must4 in the interest of humanity4 afford temporary shelter to persons in imminent peril of their loves4 such as those feeling from mob violence. $: %ight of -fficial Communication As such4 diplomatic pouch and diplomatic couriers also en5oy inviolability. ,: *mmunity from Local Eurisdiction "iplomatic agent cannot be arrested4 prosecuted and punished for any offense he may commit unless his immunity is waived. *mmunity from 5urisdiction does not mean e(emption from local laws) it does not presuppose a right to violate the laws of the receiving State. "iplomatic privilege does not import immunity from legal liability but only e(emption from local 5urisdiction. *mmunity from civil and administrative 5urisdiction of the receiving State No civil action of any ;ind may be brought against him =%? properties are e(empt from garnishment4 seizure for debt4 e(ecution4 and the li;e. /(ception? #: %eal action relating to private immovable property situated in the territory of the receiving state /(cept? envoy holds it on behalf of the sending State for the purpose of the mission. &: Action relating to succession in which diplomatic agent is involves as /!A!D!L as a private person
$: Action relating to any professional or commercial activity e(ercised by diplomatic agent in the receiving State outside his official function Cannot be compelled to testify!deposition w!o consent of his government *mmunity does not protect a public official who commits unauthorized acts unauthorized acts are not acts of StateGhe may be sued for such unlawful acts in his P%*>A7/ CAPAC*7O %A 1.? declares as void any writ or process issued out or prosecuted by any person in any court of the Philippines4 or by any 5udge or 5ustice4 whereby the person of any Ambassador or Public +inister of any foreign state4 authorized and received as such by the President or and "omestic Servant of any such ambassador or minister is arrested or imprisoned4 or his goods or chattels distrained4 seized4 or attached and penalties are imposed for violations. N!A? #: Citizens!inhabitants of the Philippines4 where the process is founded upon a debt contracted before his employment in the diplomatic service &: "omestic servants of the ambassadors or minister whose names are not registered with the "'A Children born to him while he possesses diplomatic status are regarded as born in the territory of his home State. .: /(emption from 7a(es and Customs "uties >ienna Convention /(ceptions? #: Indirect ta7es normally incorporated in the price of goods!services &: "ues and ta(es on private immo#ab$e propert) situated in the territory of the receiving State4 unless he holds it on behalf of the sending State for purposes of the mission. $: Estate1 s%ccession or in&eritance ta7es on investments in commercial ventures in the receiving State ,: "ues and ta(es on pri#ate income having its source in the receiving State and capital ta(es on investments in commercial ventures in the receiving State .: Charges levied for speci ic ser#ices rendered
3: Registration1 co%rt or record ees1 mortgage d%es and stamp d%t)4 with respect to immovable property. /(emption from all customs duties and ta(es of articles for the official use of the mission and those for the personal use of the envoy or members of the family forming part of his household. aggage and effects are entitled to free entry and normally e(empt from inspection Articles addressed to ambassadors4 ministers4 charge dKaffaires are also e(empt from customs inspection. 3: 'reedom of movement and travel in the territory of the receiving State 1: /(emption from all personal services and military obligations 2: 6se of flag and emblem of the sending State on the diplomatic premises and the residence and means of transport of the head of mission "uration of *mmunities!Privileges 'rom the moment he enters the territory of the receiving State Cease only the moment he leaves or on e(piry of a reasonable time in which to do so w! regard to official acts immunity shall continue indefinitely privileges are available even in transitu when traveling through a 7hird State on the way to or from the receiving State 8aiver of *mmunities =%? waiver cannot be made by the individual concerned since such are not personal to him. 8aiver by the government of the sending State if it concerns the immunities of the head of mission -ther cases4 by the government or chief of the mission 8aiver does not include waiver of immunity with respect to e(ecution of 5udgment separate waiver necessary 7ermination of "iplomatic +ission #: "eath &: %esignation $: %emoval ,: Abolition of office .: %ecall by the sending state #,,
3: "ismissal by receiving state 1: 8ar between sending and receiving 2: /(tinction of state
Consular %elations A Consuls? State agents residing abroad for various purposes4 mainly in the interest of commerce and navigation. A Linds #: Consules missi professional and career consuls) nationals of appointing state &: Consules electi selected by appointing state from its own citizens or among national abroad A %an;s #: Consular =eneral heads several consular districts4 or one e(ceptionally large consular district &: Consul ta;es charge of a small district!town!port $: >ice Consul assist the consul ,: Consular Agent entrusted with the performance of certain functions by the consul A Appointment? & important documents necessary before the assumption of consular functions? #: Letters patent 9letter de provision: letter of appointment or commission which is transmitted by the sending state to the Secretary of 'oreign Affairs of the country where the consul is to serve &: /(e@uatur authorization given to the consul by the sovereign state4 allowing him to e(ercise his functions A 'unctions #: Commerce and navigation &: *ssuance of visa $: Such as are designed to protect the nationals of the appointing state A *mmunities and Privileges #03$ >ienna Convention on Consular %elations #: 'reedom of communication in ciphers or otherwise &: *nviolability of archives N-7 of premises $: /(empt from local 5urisdiction for offenses committed in the discharge of official functions not of other offenses4 /PC/P7 minor infractions ,: /(empt from testifying on official communication or on matters pertaining to consular functions .: /(empt from ta(es4 customs duties4 military or 5ury service #,.
3: "isplay national flag and emblem in the consulate Available to members of consular post4 families and private staff +ay be waived by appointing state A 7ermination of Consular +ission #: 6sual modes of terminating official relationship &: 8ithdrawal of the e(e@uatur $: /(tinction of state ,: 8ar Severance of consular relations does not necessarily terminate diplomatic relations. *I. TREATIES 7reaty A *nternational agreement concluded between States in written form and governed by international law4 whether embodied in a single instrument of in & or more instruments and whatever its particular designation. A Agreement between States including international organizations of States intended to create legal rights and obligations of the parties. A /(ecutive agreement4 under municipal law4 is not a treaty. ut from the standpoint of international law4 e@ually binding as treaties. A <atar vs. ahrain? +inutes to a +eeting and e(change of letters constitute an international agreement creating rights and obligations for the parties. 'orm A Article &4 #030 >ienna Convention on the Law of 7reaties4 treaties should be in writing. A Article $4 fact that treaty is unwritten shall not affect its legal force. A ut that convention rules on matters governed by international law independently of convention shall apply and that convention rules shall apply to the relations of the States among themselves. A #030 Convention on the Law of 7reaties treaties e(ecuted between states A #023 >ienna Convention in 7reaties for *nternational -rganizations treaties e(ecuted between States and *nternational -rganizations %e@uisites for >alidity #: 7reatyAma;ing capacity
Possessed by every state as attribute of sovereignty *nternational organization4 deemed to possess such4 may be limited by the purpose and constitution of such organization. &: Competence of the representative!organ concluding the treaty =enerally4 e(ercised by Dead of State. *n the Philippines4 President w! concurrence by &!$ of all members of the Senate $: Parties must freely given consent "octrine of 6ne@ual 7reaties imposed through coercion or duress by a State of une@ual character is void. ,: -b5ect and sub5ect matter must be lawful 8ithin the commerce of nations and in conformity with international law. "octrine of 5us cogens customary international law has the status of peremptory norm of international law4 accepted and recognized by the international community of states as a rule from which no derogation is permitted. A treaty which contravenes such norms!rules may be invalidated. -fficial torture of prisoners is violation of principle of 5us cogens 9Duman %ights Cases vs. +arcos: .: %atification in accordance with constitutional processes of the parties concerned Concurrence in by at least &!$ of all the members of the Senate.
the Senate leadership4 the Secretary shall then ma;e the appropriate recommendations to the President. 7reatyAma;ing Process #: Negotiations Pleine pouvoirs /ven w!o such4 it has been the general practice to consider the following as representatives of the State for treaty negotiations? #: Dead of State &: Dead of =overnment $: 'oreign +inister ,: Dead of diplomatic missions .: %epresentative accredited by the State to an international conference or to an international organization &: Signing of the 7reaty Principle of alternat order of the naming of the parties and of the signatures of the plenitpotentiaries is varied so that each party is named and its plenipotentiary signs first in the copy of the instrument to be ;ept by it. $: %atification Provisions of a treaty are formally confirmed and approved by a State and by which the State e(presses its willingness to be bound by the treaty Philippines power to ratify is with the President4 sub5ect to concurrence by &!$ of all the members of the Senate Accession or Adhesion nonAsignatory State becomes a party to the treaty) by invitation or permission of the contracting parties4 a $rd party who did not participate or who did not ratify on time4 may be bound by a treaty. %eservation? unilateral statement made by a State when signing4 ratifying4 accepting4 approving or acceding to a treaty4 whereby it purports to e(clude or modify the legal effect of certain provisions of the treaty in their application to the State. %emains to be a party to the treaty as long as reservation is compatible with the ob5ect and purpose of the treaty. ,: /ntry into 'orce *n such manner and on such date as it may provide4 or as the negotiating parties may agree.
7reaties and /(ecutive Agreements Treaties asic political issues Changes in national policy E7ec%ti#e Agreements Ad5ustment of detail carrying out wellA established national policies Permanent international 7emporary arrangements arrangements 8hen there is a dispute as to whether or not an international agreement is purely an e(ecutive agreement4 the matter is referred to the Secretary of 'oreign Affairs who will then see; the comments of the S/NA7/ %/P%/S/N7A7*>/ and the L/=AL A">*S/% of the "'A and after consultation with #,3
Absence of such provision4 as soon as consent of all the parties to be bound by the treaty is established. Consent deemed established? #: /(change of instruments of ratification &: "eposit of such instrument with a named depositary4 coupled with the notification to the contracting State of such deposit. %egistration with and publication by the 6N failure does not affect the validity of the treaty) only that the unregistered instrument cannot be invo;ed by any party before any organ of the 6nited Nations. 8hen nonAsignatories may be bound by a treaty =%? treaties cannot impose obligations upon States not parties to them. 9Pacta tertiis nocent nec prosunt: /(ception #: Process of Accession or Adhesion &: +ost favored Nation Clause contracting State entitled to the clause may claim the benefits e(tended by the latter to another State in a separate agreement. $: 'ormal e(pression of customary international law ,: 7reaty e(pressly e(tends benefits to nonA signatory States 'undamental principles #: Pacta sunt servanda 7reaties must be observed in good faith. *f necessary4 State must modify its national legislation to ma;e them conform to the treaty4 to avoid international embarrassment Philippines treaty may be invalidated if contrary to Constitution 7anada vs. Angara? 7reaties do not limit or restrict sovereignty of a State) by their voluntary act4 States may surrender some aspects of their power in e(change for greater benefits granted by or derived from a convention or pact. &: %ebus sic stantibus Contracting StateKs obligations under a treaty terminates when a vital or fundamental change or circumstances occurs4 thus allowing a State to unilaterally withdraw from a treaty4 because of #,1
Bdisappearance of the foundation upon which it rests.C "octrine does not operate automatically4 there must be a '-%+AL AC7 -' %/E/C7*-N4 usually by the D/A" -' S7A7/4 with a statement of the %/AS-NS why compliance with the treaty is no longer re@uired. %e@uisites #: Change must be so substantial that the foundation of the treaty must have altogether disappeared &: Change must have been unforeseen or unforeseeable at the time of the perfection of the treaty $: Change must not have been caused by the party invo;ing the doctrine ,: "octrine must be invo;ed within a reasonable time .: "uration of the treaty must be indefinite 3: "octrine cannot operate retroactively *nterpretation of 7reaties A *nterpreted in good faith A -rdinary meaning given to the terms A *n the light of its ob5ects and purposes A Consider? #: Preamble &: 7e(t $: Anne(es ,: Agreements relating to the treaty .: Subse@uent agreements Amendment!+odifications Consent of all the parties is re@uired *f allowed by the treaty itself4 & States may modify a provision only insofar as they are concerned. 7ermination of 7reaties #: /PP*%A7*-N of the term or 8*7D"%A8AL of a party &: /P7*NC7*-N of one of the parties 9bipartite treaties: 8hen the rights and obligations under the treaty would not devolve upon the State that may succeed the e(tinct State $: +676AL A=%//+/N7 of ALL the parties ,: "/N6NC*A7*-N or "/S*S7ANC/
7he right to give notice of termination or withdrawal right of denunciation .: S6P/%>/N*N= *+P-SS* *L*7O of performance 3: C-NCL6S*-N of S6 S/<6/N7 *NC-NS*S7/N7 7%/A7O 1: L-SS of the sub5ect matter 2: +A7/%*AL %/ACD or violation 0: %/ 6S S*C S7AN7* 6S #J: -utbrea; of 8A%4 unless the treaty precisely relates to the conduct of war ##: S/>/%ANC/ of diplomatic relations #&: "octrine of E6S C-=/NS or emergence of N/8 P/%/+P7-%O N-%+ of general international law which renders void any e(isting treaty conflicting with such norm. *II. NATIONALIT6 AN, STATELESSNESS Nationality membership in a political community with rights and duties A "etermination of a personKs nationality #0$J Dague Convention on Conflict of Nationality Laws #: 'or each state to determine under its own law who are its nationals &: <uestion as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State. A #: &: #: &: $: ,: .: 3: #: &: $: ,: +ode of Ac@uisition of Nationality irth Eus sanguinis 9by blood: Eus soli 9by place of birth: Naturalization Accomplished through? +arriage Legitimation /lection Ac@uisition of domicile Appointment to government office =rant on application *n the Philippines Eudicial process Legislative process /lection +arriage
No obligation on the part of the State of his nationality to recognize a personKs newly ac@uired nationality. $: %epatriation recovery of nationality by individuals who were naturalAborn citizens of a State but who had lost their nationality. ,: Sub5ugation .: Cession Loss of Nationality #: %elease &: "eprivation $: %enunciation ,: Substitution +ultiple Nationality Possessed of mope than one nationality because of the concurrent application to him of the municipal laws of & or more states claiming as their national. Arise by? #: Concurrent application to him of the principles of 5us sanguinis and 5us soli &: naturalization w!o renunciation of the original nationality $: legitimation ,: legislative action Policy in the PhilippinesA dual allegiance is inimical to national interest and shall be dealt with by law. %esolution of conflicts in +ultiple Nationality Cases #0$J Dague Convention on the Conflict of Nationality Law #: A person having & or more nationalities regarded as national by each of the States) AN" a state may not give diplomatic protection to one of its nationals against a State whose nationality that person possesses. &: *f a person has more than one nationality4 he shall within a $rd state4 be treated as if he had only one) the third State shall recognize e(clusively either the nationality of the State in which he is habitually and principally resident or the nationality of the State with which he appears in fact to be most closely connected BPrinciple of /ffective NationalityC #,2
$: *f a person4 without any voluntary act of his won4 possesses double nationality4 he may renounce one of them with the permission of the State whose nationality he wishes to surrender and4 sub5ect to the laws of the State concerned4 such permission shall not be refused if that person has his habitual residence abroad. Statelessness A Status of having no nationality4 as a conse@uence of being -%N 8*7D-67 A NA7*-NAL*7O or as a result of "/P%*>A7*-N or L-SS -' NA7*-NAL*7O. A #0., Convention %elating to the Status of Stateless Persons contracting states agreed to grant to stateless persons within their territories treatment at least as favorable as that accorded to their nationals with respect to? #. freedom to practice their religion and freedom as regards the religious education of their children &. access to courts $. rationing of products in short supply ,. elementary education .. public relief and assistance 3. labor legislation and social security A Contracting states also agreed to grant to stateless persons within their territories as favorable as possible4 in any event4 not less favorable than that accorded to aliens? #. ac@uisition of movable and immovable property &. right of association in nonApolitical and nonA profitAma;ing associations and trade unions $. gainful employment and practice of liberal profession ,. housing and public education other than elementary .. freedom of movement >***. 7%/A7+/N7 -' AL*/NS =eneral %ule? 'lowing from its right of e(istence and as an attribute of sovereignty4 no State is under obligation to admit aliens. Power to regulate the entry and stay of aliens4 and the State has the right to e(pel aliens from its territory through "/P-%7A7*-N or %/C-N"6C7*-N. "/P-%7A7*-N or /PP6LS*-N +enace to the security of the State #,0
/ntry was illegal Permission to stay has e(pired >iolated any limitation or condition prescribed for his admission and continued stay. %/C-N"6C7*-N 'orcible conveying of aliens bac; to their home States "estitute aliens >agabonds Aliens without documents Alien criminals Dome state of such aliens has the obligation to receive them Alien must accept the institutions of the State. De may be deprived of certain rights. Local laws may grant him certain rights and privileges based on? #. reciprocity &. mostAfavoredAnation treatment $. national treatment 9e@uality between nationals and aliens in certain matters: privileges may be revo;ed4 sub5ect to treaty stipulations. "octrine of State %esponsibility a State is under obligation to ma;e reparations to another State for the failure to fulfill its primary obligation to afford4 in accordance with international law4 the proper protection due to the alien national of the latter State. 7he State may be held liable for in5uries and damages sustained by the alien if? #. Act or omission constitutes an international delin@uency *nternational Standard of Eustice standard of reasonable state and notions accepted in modern civilization. #. laws of the State fall below the international standard4 it is no defense that such laws are applicable not only to aliens but to nationals doctrine of e@uality of treatment not applicable &. independence of the courts of the State and unless the misconduct is e(tremely gross4 the law does not lightly hold a State responsible for any error committed by the Courts &. Act or omission is directly or indirectly imputable to the State
/ven when the laws of the State conform to *nternational standard4 if it does not ma;e reasonable efforts to prevent in5ury to alien or having done so unsuccessfully4 fails to repair such in5ury. 7he act or omission that may give rise to liability may either be? #. acts of government officials primary agents give rise to direct state responsibility acts of high administrative officials officer acts beyond the scope of his authority4 his act is li;ened to an act of a private individual. Acts of a minor or subordinate official to give rise to liability4 there must be a denial of 5ustice or something which indicates complicity of the State in4 or condonation of4 the original wrongful act4 such as an omission to ta;e disciplinary action against the wrongdoer. &. acts of private individuals 'or State to be liable4 there must be actual or tacit complicity of the government in the act4 before of after it4 either by directly ratifying or approving it4 or in the patent or manifest negligence in ta;ing measures to prevent in5ury4 investigate the case4 punish the guilty or to enable the victim to pursue his civil remedies against the offender. 7he claimant has the burden of proving. $. *n5ury to the claimant State indirectly because of damage to its national /nforcement of AlienKs Claim #. /(haustion of Local %emedies ecause the State must be given an opportunity to do 5ustice in its own regular way and without unwarranted interference with its sovereignty by other states. N!A if? #. no remedies to e(haust4 e.g. laws are intrinsically defective &. courts are corrupt $. no ade@uate machinery ,. international delin@uency results from an act of state Calvo Case? alien waives or restricts his right to appeal to his own state in connection with any claim arising from the contract and agrees to limit himself #.J
to the remedies available under the laws of the local state. "oes not mean that the alienKs state is deprived of the right to protect or vindicate its interest in case they are in5ured in another state4 as such waiver can be legally made by the state4 not the alien. &. %esort to "iplomatic Protection After e(haustion of local remedies4 alien must avail himself of the assistance of his state. 7ie of nationality time of in5ury until time international claim is finally settled. 6N may file diplomatic claim on behalf of its officials. /uropean Commission on D% and also contracting states other than the state of the in5ured individual may bring alleged infractions of the /uropean Convention on D% before the /uropean Court of D%. $. +odes of /nforcement of Claims Negotiations or other modes of settling dispute. 8hen responsibility is established? #. %eparation &. Satisfaction $. Compensation ,. all three /(tradition A surrender of a person by one state to another state where he is wanted for prosecution or punishment 9if already convicted: asis treaty local state may grant asylum4 or if there is surrender4 the same is merely a gesture of comity "eportation e(pulsion of an alien who is considered undesirable by local state4 usually but necessarily to his own state unilateral act of the local state and is made in its own interests /(tradition surrender of a fugitive by one state to another where he is wanted for prosecution or punishment.
Surrender is made at the re@uest of the latter state on the basis of a treaty.
'undamental Principles?
#. ased on C-NS/N7 treaty or goodwill &. P%*NC*PL/ -' SP/C*AL7O fugitive who is
e(tradited may be tried only for the crime specified in the re@uest for e(tradition and included in the list of offenses in the e(tradition treaty. State of refuge has the right to ob5ect to a violation BNonAlistC types of e(tradition treaties offenses punishable under the laws of both states by imprisonment on # year or more are included among e(traditable offenses. $. ANO P/%S-N may be e(tradited ,. P-L*7*CAL AN" %/L*=*-6S -''/N"/%S are generally not sub5ect to e(tradition .. -ffense must have been C-++*77/" 8*7D*N the territory or A=A*NS7 7D/ *N7/%/S7S of the demanding state 3. %6L/ -' "-6 L/ C%*+*NAL*7O. Act for which e(tradition is sought must be punishable in both the re@uesting and re@uested states. Procedure for /(tradition #. %/<6/S7 through diplomatic channels4 accompanied by necessary papers *dentity of wanted person Crime alleged to have been committed!convicted &. E6"*C*AL *N>/S7*=A7*-N4 after receipt of the re@uest4 state of refuge shall investigate to ascertain if the crime is covered by the e(tradition treaty and if there prima facie case against the fugitive according to its own laws. *f there is4 8A%%AN7 *' S6%%/N"/% and fugitive delivered to the state of refuge. Sui generic and not criminal proceedings no automatic application of the ill of %ights "o not involve the @uestion of guilt or innocence of the person to be e(tradited Savar;ar Case? Abduction of the fugitive in the state of refuge is not allowed violation of the territorial integrity of the state of refuge) 67 if effected with the help of the nationals of the state of refuge itself4 then the state of refuge cannot later demand the return of the fugitive. #.#
%PKs /(tradition 7reaties BnonAlistC types of double criminality approach 9no traditional listing of crimes:? #. Australia &. Canada $. *ndonesia ,. +icronesia .. Switzerland Letters %ogatory A 'ormal communication from a court in which an action is pending4 to a foreign court4 re@uesting that the testimony of a witness residing in such foreign 5urisdiction be ta;en under the direction of the court4 addressed and transmitted to the court ma;ing the re@uest. A Power to issue letters rogatory is inherent in courts of 5ustice Asylum A Power of the state to allow an alien who has sought refuge from prosecution or persecution to remain within the territory and under its protection A Never been recognized as a principle of international law. Principles on Asylum 7erritorial Asylum /(ists when stipulated in a treaty or 5ustified by established usage. +ay depend on the liberal attitude of the receiving state4 Bterritorial supremacyC "iplomatic Asylum /(ists when stipulated in a treaty or 5ustified by established usage. 8ithin Bnarrowest limitsC or when the life or liberty of the person is threatened by imminent violence. %ule in the Philippines =enerally4 diplomatic asylum cannot be granted e(cept to members of the official or personal household of diplomatic representatives -n humanitarian grounds may be granted to fugitives4 whose lives are in imminent danger from mob violence but only during the period when active danger persists.
%efugees A Any person who is outside the country of his nationality4 or if he has no nationality4 the country of his former habitual residence4 because he has or had wellAfounded fear of prosecution by reason of his race4 religion4 nationality or political opinion and is unable or4 because of fear4 is unwilling to avail himself of the protection of the government of the country of his nationality4 or if he has no nationality4 to return to the country of his former habitual residence. A /ssential /lements? #. outside the country of his nationality or if stateless4 outside the country of his habitual residence &. lac;s national protection $. fears persecution A treated as a stateless individual de 5ure or de facto A %efugee Convention of #0.#? does not deal with admission but with nonAre o%$ment 9no contracting state shall e(pel or return a refugee in any manner whatsoever4 to the frontiers of territories where his life or freedom is threatened. 7he state is under obligation to grant him temporary asylum: *P. S/77L/+/N7 -' "*SP67/S *nternational "isputes Actual disagreement between States regarding the conduct to be ta;en by one of them for the protection or vindication of the interests of the other. Situation initial stage of dispute Pacific or Amicable +odes Article $ of the 6N Chapter Parties to any dispute4 the continuance of which is li;ely to endanger the maintenance of international peace and security shall see; a solution by? #. Negotiation States settle their differences through an e(change of views between diplomatic agencies. &. /n@uiry Ascertainment of pertinent facts and issues $. 7ender of =ood -ffices #.&
8here a third party4 either alone or in collaboration with others4 offers to help in the settlement of a dispute. 8hen the offer is accepted Be(ercise of good officesC ,. +ediation 7hird party offers to help with a solution4 usually based on compromise. *t offers a solution while good offices brings the parties together. .. Conciliation Active participation of a third party4 solicited by the disputants4 in an effort to settle the conflict. ConciliatorKs recommendations are not binding. 3. Arbitration Solution of a dispute by an impartial third party usually a tribunal created by the parties under a charter ;nown as a compromis. 1. Eudicial Settlement Similar to arbitration? #. nature of the proceedings &. binding character of the award "ifferences? Eudicial Settlement Arbitration Eudicial body is preA Arbitrary body is ad hoc e(isting Eurisdiction is usually compulsory Law applied is independent of the will of the parties Eudicial settlement of international dispute is now lodges in the *nternational Court of Eustice -ptional Eurisdiction Clause *CEKs 5urisdiction is based on consent of the parties. 67 Article $3 of the Statute of the *nternational Court of Eustice provides that states!parties to the Statute recognize the 5urisdiction of the Court over disputes concerning? #. interpretation of a treaty &. any 3%estion of international law
$. e7istence o an) act which would constitute a breac& of international obligations ,. nat%re or e7tent o t&e reparation to be made for such breach 2. %esort to %egional Agencies or Arrangements Parties may of their own volition or at the instance of the organization itself4 assume the obligation of settling the dispute. Dostile +ethods A Pacific methods have failed. A *ncludes? #. Severance of "iplomatic %elations &. %etorsion unfriendly but lawful4 coercive acts done in retaliation for unfair treatment and acts of discrimination of another state. 9e.g. levy of high discriminatory tariffs on goods: $. %eprisal unfriendly and unlawful acts in retaliation for reciprocal unlawful acts of another state? a. 'reezing of the assets of the nationals of the other state b. /mbargo forcible detention or se@uestration of vessels and other property of the offending state. c. Pacific bloc;ade prevention of entry!e(it from the ports of the offending state of means of communication or transportation n9could be violative of 6N Charter: d. NonAintercourse suspension of all intercourse with the offending state4 in matters of trade and commerce e. oycott concerted suspension of commercial relations with the offending state4 particularly4 the refusal to purchase goods. ,. *ntervention .. other Peaceful +eans %ole of the 6nited Nations A +ethods of settling disputes do not succeed4 6N may be as;ed or may decide on its own authority to ta;e a hand in the settlement A Security Council or the =eneral Assembly Security Council A *ntervene in all disputes affecting international peace and security and in all disputes which although coming under the domestic 5urisdiction clause4 have been submitted to it by the parties for settlement. #.$
a. Security Council will recommend appropriate measures) consider amicable measures or refer matter to *CE) b. *f unsuccessful4 Security Council may recommend such terms of settlement as it may deem appropriate) and c. *f the terms of settlement are re5ected4 Security Council may ta;e? Preventive Action Not involving use of armed force /.g. comp$ete or partia$ interr%ption o economic re$ations4 and of rail4 sea4 air4 postal4 telegraphic4 radio or other means of comm%nications and se#erance o dip$omatic re$ations. /nforcement Action y air4 sea or land forces as may be necessary to maintain or restore international peace and security including demonstrations4 bloc;ades and other operations by air4 sea or land forces of members of the 6N. +ember state is obliged to render assistance in carrying out the measures decided upon by the Security Council. =eneral Assembly A *f the Security Council because of lac; of unanimity fails to e(ercise its primary responsibility to maintain peace and security4 the =eneral Assembly shall consider ma;ing recommendations including the use of armed forces when necessary. 5. .AR AN, NEUTRALIT6 8ar Contention between & states4 through their armed forces4 for the purpose of overpowering the other and imposing such conditions of peace as the victor pleases. "oes not mean the mere employment of force. *f a nation declares war4 war e(ists though no force has yet been used. -utlawry of 8ar Condemnation of war on an international scale Covenant of the League of Nations? conditions for the right to go to war
LelloggA riand Pact of #0&2 or =eneral 7reaty for %enunciation of 8ar? forbade war as an instrument of national policy Charter of the 6nited Nations? prohibits the threat or use of force against the territorial integrity or political independence of a state. Commencement of 8ar a. ,ec$aration of war b. Re8ection of an %$timat%m c. Commission o an act o orce regarded by one of the belligerents as an act of war /ffects of -utbrea; of 8ar 9#: Laws of peace cease to regulate the relations between the belligerents and are superseded by laws of war) 7hird states are governed by laws of neutrality in their relations with the belligerents) 9&: "iplomatic and consular relations are terminated) %epresentatives are allowed to return to their countries) 9$: 7reaties of political nature are automatically cancelled4 e(cept those intended to operate during the war) +ultipartite treaties dealing with technical or administrative matters are merely suspended as between belligerents. 9,: *ndividuals are impressed with enemy character? a. Nationality test nationals of the other belligerent4 wherever they may be b. "omicillary test domiciled aliens in the territory of the other belligerent on the assumption that they contribute to its economic resources c. Activities test if being foreigners4 they participate in the hostilities in favor of the other belligerent 9.: Corporations and other 5uridical persons are considered enemies? a. where the controlling stoc;holders are nationals of the other belligerent -% b. if incorporated in the territory or under the laws of the other belligerent and may not be allowed to continue operations. 93: /nemy public property found in the territory of the other belligerent at the outbrea; of the war is sub5ect to confiscation) Private property is sub5ect to re@uisition. #.,
State may4 in time of war4 authorize and provide for seizure and se@uestration4 through e(ecutive channels4 of properties believed to be enemyA owned4 if ade@uate provision is made for their return in case of mista;e. Participants in 8ar #. Combatants those who engage directly in the hostilities &. NonAcombatants those who do not Combatants may be? #. NonAprivileged? li;e spies4 who under false pretenses try to obtain vital information from the enemy ran;s and who4 then caught4 are not considered prisoners of war. &. Privileged ? who4 when captured4 en5oy the privileges of prisoners of war? a. %egular armed forces b. Ancillary services c. Accompany the armed forces d. Levees en masse4 inhabitants of unoccupied territory who4 on approach of the enemy4 spontaneously ta;e up arms to resist the invading troops without having had time to organize themselves4 provided they carry arms openly and observe the laws and customs of war) e. 'ranc tireursm4 or guerillas4 provided they are commanded by a person responsible for his subordinates4 wear a fi(ed distinct emblem recognizable at a distance4 carry their arms openly4 and conduct their operations according to the laws and customs of war) and f. -fficers and crew of merchant vessels who forcibly resist attac;. %ights of Prisoners of 8ar #0,0 =eneva Convention 7reated humanely Not sub5ect to torture Allowed to communicate with their families %eceive food4 clothing. %eligious articles4 etc. Spies *ndividual is deemed a spy only if4 a. Acting clandestinely or under false pretenses b. De obtains or see;s to obtain information in the zone of operations of a belligerent
c. 8ith the intention of communicating it to the hostile party. 8hen captured4 may be proceeded against under the municipal law of the belligerent. Although under the Dague Convention4 may not be e(ecuted without a trial. ut if captured after he has succeeded in re5oining his army4 must be treated as a prisoner of war. Scouts or soldiers in uniform who penetrate the zone of operations of the hostile army to obtain information are N-7 spies. +ercenaries Protocol * to the #0,0 =eneva Convention +ercenaries shall not have the rights of combatants or of prisoners of war. 7o be considered a mercenary a. 7he person must be a specially recruited to fight for a particular armed conflict b. +ust ta;e direct part in the hostilities c. +otivated essentially by the desire for personal gain and is provided material compensation substantially in e(cess of that promised or paid to combatants of similar ran;s and functions in the armed forces of that party. Conduct of Dostilities. 7hree asic Principles Principle of +ilitary Necessity 7he belligerent may employ any amount of force to compel the complete submission of the enemy with the least possible loss of lives4 time and money. Principle of Dumanity Prohibits the use of any measure that is not absolutely necessary for the purposes of the war. Dumanitarian Convention in Armed Conflict 7he right of the parties to adopt means of in5uring the enemy is not unlimited Parties are prohibited to launch attac;s against the civilian population as such "istinction must be made at all times between persons ta;ing part in the hostilities and members of the civilian population4 to spare the latter as much as possible. /nforcement action underta;en by 6N is not war in the traditional sense4 as it is employed only to #..
maintain international peace and security4 humanitarian rules of warfare should still govern. Principle of Chivalry Prohibits the belligerents from the employment of perfidious or treacherous methods. elligerent -ccupation 7emporary military occupation of the enemyKs territory during the war. +aintains effective control and military superiority and being able to send sufficient forces to assert its authority within a reasonable time.
/ffects No change in sovereignty4 but e(ercise of the powers of sovereignty is suspended. Political laws4 e(cept the laws on treason4 are suspended. +unicipal laws remain in force. %ights and "uties of elligerent -ccupant #. %eAestablish or continue the processes of orderly administration4 including enactment of laws. &. Adopt measures for the protection of the inhabitants $. %e@uisition 9se@uester: goods with proper cash or future payment and services in nonAmilitary pro5ects 9Conscription is prohibited: ,. "emand ta(es and contributions to finance military and local administrative needs 'oraging? the actual ta;ing of provisions for men and animals by the occupation troops where lac; of time ma;es it inconvenient to obtain supplies by usual or ordinary methods. Compensation must be paid at the end of the war. .. *ssue legal currency 3. 6se enemy property4 public or private4 but private property is sub5ect to indemnification or return at the end of the war. %ight of Angary %ight of belligerent state4 in cases of e(treme necessity4 to destroy or use neutral property on its own or on enemy territory or on the high seas NonADostile *ntercourse
'lag of 7ruce 8hite in color desire to communicate with the enemy Agent 9parlementaire: en5oys inviolability and is entrusted with the duty of negotiating with the enemy. Cartels Agreements to regulate intercourse during the 6sually on the e(change of prisoners of war
CeaseA'ire 6nconditional stoppage of hostilities 6sually ordered by an international body 7ruce Conditional ceaseAfire for political purposes
war
Capitulation Surrender of military forces4 places or districts in accordance with rules of military honor.
Passport 8ritten permission given by the belligerent government 7o the sub5ects of the enemy 7o travel generally in the belligerent state SageAconduct Permission given to an enemy sub5ect or to an enemy vessel Allowing passage between defined points
7ermination of 8ar #. Simple Cessation of Dostilities Principle of uti possidetis with respect to property and territory possessed by the belligerents is applied. &. Conclusion of a negotiated treaty of peace $. "efeat of one of the belligerents 'ollowed by a dictated territory of peace or anne(ation of con@uered territory. Postliminium %evival or reversion to the old laws and sovereignty of territory which has been under belligerent occupation once control of the belligerent occupant is lost over the territory affected. "istinguished from 6ti Possidetis 6ti Possidetis alloaws retention of property or territory in the belligerentKs actual possession at the time of the cessation of hostilities. 8ar Crimes A Acts for which soldiers or other individuals may be punished by the enemy on capture of the offender. A 8ar Criminal? any person civilian or member of the armed forces of the State4 who commits an act that violates a rule of international law governing armed conflicts Neutrality and Neutralization Neutrality NonAparticipation in a war between contending belligerents /(ists only during war =overned by the law of nations
Safeguard Protection granted by a commanding officer to enemy persons or property within his command 6sually with an escort or convoy of soldiers providing the needed protection. Licenses to 7rade Permission given by competent authority to individuals to carry on trade though there is state of war. Suspension of Dostilities Suspension of Arms 7emporary cessation of hostilities y agreement of the local commanders 'or the purposes of gathering of the wounded and burial of the dead Armistice Suspension of hostilities within a certain area or in the entire region of the war Agreed upon by the belligerents 6sually for the purpose of arranging the terms of the peace #.3
Naturalization %esult of a treaty wherein conditions of the status are agreed upon by the neutralized state and other signatories /(ists both in times of war and of peace =overned by the agreement entered into by and between the parties A permanently neutral or neutralized state is one whose independence or integrity is guaranteed by other states4 under the condition that such state binds itself never to participate in an armed conflict or military operation e(cept for individual selfA defense. *n Cold 8ar4 the states which sided with neither the democracies nor the communists were referred to as neutralist or nonAalligned states. NonAbelligerency did not ta;e part in military operations but which did not observe the duties of a neutral. o +idAway between a neutral and a belligerent o Not recognized in international law
Neutrality under 6N Charter o ecause of enforcement action that 6N may underta;e4 absolute neutrality cannot e(ist among 6N +embers %ules of Neutrality Neutrals have the right and duty? Abstain from ta;ing part in the hostilities and from giving assistance to either belligerents by? Sending of troops -fficial grant of loans Carriage of contraband Contraband goods which4 although neutral property4 may be seized by a belligerent because they are useful for war and are bound for a hostile destination. i. Absolute useful for war under all circumstances 9guns!ammunitions: ii. Conditional have both civilian and military utility 9food and clothing: iii. 'ree list e(empt from the law on contraband for humanitarian reasons 9+edicines: "octrine of 6ltimate Consumption goods intended for civilian use which may ultimately find their way to and be consumed by belligerent forces may be seized on the way. #.1
"octrine of *nfection innocent goods shipped with contraband may also be seized "octrine of continuous voyage!continuous transport goods reloaded at an intermediate port on the same vessel or reloaded on another vessel or other forms of transportation may also be seized "octrine of 6ltimate Consumption /ngaging in 6nneutral Services acts of a more hostile character than carriage of contraband or breach of a bloc;ade4 underta;en by merchant vessels of a neutral state in aid of any of the belligerents. 7o prevent its territory and other resources from being used in the conduct of hostilities 7o ac@uiesce to certain restriction and limitations which the belligerents may find necessary to impose? loc;ade hostile operation where vessels and aircraft of one belligerent prevent all other vessels 9including neutral states: from leaving or entering the port or coasts of the other belligerent) Purpose shut off the place from international commerce and communications with other states. 9Pacific loc;ade? applies only to vessels of bloc;aded stated4 not to those of others: 7o be valid? #. bloc;ade must be binding 9duly communicated to neutral states: &. effective $. established by competent authority of belligerent government ,. limited only to the territory of the enemy .. impartially applied to all states SL*A *L*7O -' A N/67%AL >/SS/L 7CAP76%/ '-% %/ACD -' 7D/ L-CLA"/ *S C-N7*N=/N7 -N AC76AL -% P%/S6+P7*>/ LN-8L/"=/ -' 7D/ L-CLA"/. >isit and Search to the authority of the prize courts elligerent warships and aircraft have the right to visit and search neutral merchant vessels to determine whether they are in any way connected with the hostilities. >essels captured for engaging in hostile activities are considered as prize. 7hey may not be confiscated summarily but brought before prize court a tribunal established by a belligerent under its own laws) in its territory or
territory of its allies) applying international law in the absence of special municipal legislation. 7ermination of Neutrality 9#: Conclusion of a treaty or peace between belligerents 9&: Neutral state itself 5oins war
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Poltical Law - Nachura

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Nachura Notes Constitutional Law

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Aspects of due process

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"/A7D P/%+AN/N7 "*SA *L*7O President elect PresidentAelect fails @ualify

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Nachura Notes Constitutional Law

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"/A7D P/%+AN/N7 "SA L*7O President elect PresidentAelect fails @ualify