Political SBC

8/6/2019 Political SBC

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San Beda College of Law 1

MEMORY AID IN POLITICAL LAW

POLITICAL LAW COMMITTEECHAIRPERSON:Jonathan Mangundayao ASST.CHAIRPERSON:Andre Jacobo EDP: Shantel Aceret MEMBERS:JeffAlarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary

Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Meli ssa Yoro,

Joy Zabala

CONSTITUTIONAL LAW

IN GENERAL

CONSTITUTION- the document which serves as the

fundamental law of the state. (V. Sinco,Philippine Political Law, 11th ed., p.68-70); that written instrument enacted bydirect action of the people by which thefundamental powers of the governmentare established, limited and defined,and by which those powers aredistributed among the severaldepartments for their safe and usefulexercise for the benefit of the bodypolitic (Malcolm, PhilippineConstitutional Law, p.6)

Classification:1. written (conventional or

enacted) v. unwritten(cumulative or evolved).

2. rigid v. flexible

The Philippine Constitution is writtenand rigid. (Art. XVII)

The 1987 Constitution took effect onFebruary 2, 1987, the date ofthe plebiscite for its ratificationand not on the date its

ratification was proclaimed. (DeLeon v. Esguerra,153 SCRA 602)

Interpretation: a doubtful provisionshall be examined in the light of thehistory of the times and theconditions and circumstances underwhich the Constitution was framed(Civil Liberties Union v. ExecutiveSecretary, 194 SCRA 317). In case ofdoubt, the provisions should beconsidered self-executing;mandatory rather directory; andprospective rather than retroactive

(Nachura, Reviewer in Political Law,p.3)

CONSTITUTIONAL LAW- designates the law embodied in the

Constitution and the legal principlesgrowing out of the interpretation and

application of its provisions by the courtsin specific cases (Sinco, supra, p.67)

STATE- A community of persons, more or

less numerous, permanently occupying adefinite portion of territory,independent of external control, andpossessing a government to which agreat body of the inhabitants renderhabitual obedience; a politicallyorganized sovereign communityindependent of outside control bound byties of nationhood, legally supremewithin its territory, acting through agovernment functioning under a regime

of law. (CIR v. Campos Rueda, 42 SCRA23).

Elements:People inhabitants of the State, the

number of which is capable for self-sufficiency and self-defense; of bothsexes for perpetuity.Different meanings of the wordpeople:-People as inhabitants (Sec.1,

Art.XIII; Secs.15 -16, Art. II;Sec.2, Art.III);

-People as citizens (Preamble; Secs.

1 and 4, Art. II; Sec.7, Art. III);-People as electors (Sec.4, Art. VII;

Sec.2, Art. XVI; Sec. 25, Art.XVIII).

Territory fixed portion of the surfaceof the earth inhabited by the peopleof the State; see Art I.

Sovereignty supreme anduncontrollable power inherent in aState by which that State isgoverned;Characteristics:

a. permanentb. exclusivec. comprehensived. absolutee. indivisiblef. inalienableg. imprescriptible


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2 2005CENTRALIZED BAROPERATIONS

2005CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONSMaricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer

Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). JonathanMangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),

Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal

Ethics)

Theory of Auto-Limitation - anystate may by its consent, expressor implied, submit to arestriction of its sovereign rights.There may thus be a curtailment

of what otherwise is a powerplenary in character. (Reagan v.

CIR, G.R. No. L-26379. Dec. 27,1969).

Imperium - the states authority togovern embraced in the concept ofsovereignty; includes passing lawsgoverning a territory, maintainingpeace and order over it, anddefending it against foreign invasion.

Dominium - capacity of the state toown or acquire property. (Lee

Hong Hok v. David,48 SCRA

372)

Effect of Belligerent Occupation -No change in sovereignty.However, political laws, exceptthose of treason, are suspended;municipal laws remain in forceunless changed by thebelligerent occupant.

principle of juspostliminium At theend of the occupation,political laws areautomatically revived.

(Peralta v. Director ofPrisons, 75 Phil. 285)

Effect of Change of Sovereignty The political laws of the formersovereign, whether compatibleor not with those of the newsovereign, are automaticallyabrogated, unless they areexpressly re-enacted byaffirmative act of the newsovereign. Municipals lawsremain in force. (Macariola v.Asuncion, 114 SCRA 77)

Jurisdiction manifestation ofsovereigntyTerritorial authority to have

all persons and things withinits territorial limits to becompletely subject to itscontrol and protection.

Personal - authority over itsnationals, their persons,property, and acts, whetherwithin or outside itsterritory.

Extraterritorial authority overpersons, things or acts,outside its territorial limitsby reason of their effects toits territory.

Government that institution oraggregate of institutions by which anindependent society makes andcarries out those rules of actionwhich are necessary to enable mento live in a social state or which areimposed upon the people formingthat society by those who possess

the power or authority of prescribingthem. (US v. Dorr, 2 Phil. 332).

Government of the Republic of thePhilippines is the corporategovernmental entity throughwhich the functions ofgovernment are exercisedthroughout the Philippines,including the various arms whichpolitical authority is madeeffective, whether pertaining tothe autonomous regions, theprovincial, city or barangay

subdivisions or other forms oflocal government. [Sec. 2(1),E.O. 292 or the AdministrativeCode of 1987]

Classification:De jure has a rightful title but no

power or control, either, becausesame has been withdrawn from it orbecause same has not yet actuallyentered into the exercise thereof.

De facto actually exercises power orcontrol but without legal title

(Lawyers League for a BetterPhilippines v. Aquino, G.R. No.73748, May 22, 1986).De facto proper government that

gets possession and control of, orusurps, by force or by the voiceof the majority, the rightfullegal government and maintains


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itself against the will of thelatter;

Government of paramount force established and maintained by

military forces who invade andoccupy a territory of the enemy

in the course of war; and

Independent government established by the inhabitants ofthe country who rise ininsurrection against the parentstate (Ko Kim Cham v. ValdezTan Keh, 75 Phil. 113).

Functions:constituent compulsory because

constitutive of the very bonds of

society;ministrant undertaken to advancegeneral interest of society (Bacani v.NACOCO, 100 Phil. 468); merelyoptional.

Doctrine of Parens Patriae government as guardian of the rightsof People (Government ofPhilippines Islands v. El Monte dePiedad, 35 SCRA 738).

FUNDAMENTAL

POWERS OF

THE STATE

Inherent Powers of the State:

I . POLICE POWER- Law of overruling necessity - power

promoting public welfare by restrainingand regulating the use of liberty andproperty.

Basis: public necessity and right of Stateand of public to self-protection andself-preservation.

Who may exercise: generally, thelegislature but also:the President,Administrative bodies, andLaw-making bodies of LGUs

Requisites (Limitations):

Lawful Subject the interests of thepublic in general, as distinguishedfrom those of a particular class,

require the exercise of the power;Lawful Means the means employed arereasonably necessary for theaccomplishment of the purpose, andnot unduly oppressive on individuals;

When exercised by a delegate:express grant by law;within territorial limits for LGUs

except when exercised toprotect water supply; and

must not be contrary to law.

II . POWER OF EMINENT DOMAIN- power of State to forcibly take

private property for public use uponpayment of just compensation

Basis: necessity of the property forpublic use.

Who may exercise: generally, thelegislature but also:the President;Law-making bodies of LGUs;Public Corporations, and;Quasi-public Corporations.

Two stages:

y

determination of the authority ofthe plaintiff to exercise the powerand the propriety of its exercise; and

y determination of justcompensation.

Requisites:

1. Necessity when exercised by:Congress political question;Delegate justiciable question2. Private property all private

property capable of ownershipmay be expropriated, except

money and choses in action; mayinclude services (Republic v.PLDT, 26 SCRA 620).

3. Taking:there is taking when:

i. owner actually deprived ordispossessed of his property;


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ii. there is practical destructionor a material impairment ofvalue of property;

iii. owner is deprived of ordinaryuse of his property; and

iv. owner is deprived ofjurisdiction, supervision and

control of his property.requisites:

i. expropriator must enter aprivate property;

ii. entry must be more than amomentary period;

iii. entry must be under awarrant or color of authority;

iv. property must be devoted topublic use or otherwiseinformally appropriated orinjuriously affected;

v. utilization of the propertymust be in such a way as tooust the owner and deprivehim of beneficial enjoymentof the property (Republic v.Castelvi, 58 SCRA 336).

4. Public use - has been broadenedto include not only uses directlyavailable to the public but also thosewhich redound to their indirectbenefit; that only a few wouldactually benefit from theexpropriation of the property foesnot necessarily diminish the essence

and character of public use (Manoscav. Court of Appeals, 252 SCRA 412).

y Once expropriated change ofpublic use is of no moment. It iswell within the rights of thecondemnor as owner to alter anddecide its use so long as it stillfor public use. (Republic vs.C.A., G.R. No. 146587, July 2,2002)

5. Just compensation -compensation is qualified by theword just to convey that equivalentmust be real, substantial, full and

fair; the value of the property mustbe determined either as of the dateof the taking of the property or the

filing of the complaint, whichevercame first. (Eslaban v. vda. DeOnorio, G.R. No. 146062, June 28,2001)

y Formula: --fair market value ofthe property, to which must be

added the consequentialdamages, minus theconsequential benefits, but in nocase will the consequentialbenefits exceed the

consequential damagesFair market value the pricethat maybe agreed upon byparties who are willing butare not compelled to enterinto a contract of sale.

Consequential damages consist of injuries directlycaused on the residue of theprivate property taken byreason of expropriation

6. Due process of law thedefendant must be given anopportunity to be heard.

III. POWER OF TAXATION- power by which State raises revenue

to defray necessary expenses of theGovernment.

Scope: covers persons, property, oroccupation to be taxed within taxingjurisdiction

Basis: power emanating from necessity(lifeblood theory)

Who may exercise: generally, the

legislature but also:Law-making bodies of LGUs (Sec.5,

Art. X); andThe President, under Sec. 28 (2), Art.

VI of the Constitution or asincident of emergency powersthat Congress may grant to himunder Sec. 23(2), Art. VI.

Limitations on the Power of Taxation:Inherent limitationsPublic purpose;

a. Non-delegability of power;b. Territoriality or situs of taxation;

c. Exemption of government fromtaxation;

d. International comity.Constitutional limitations

a. Due process of law;b. Equal protection of law;c. Uniformity, equitability, and

progressivity of taxation;d. Non-impairment of contracts;


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e. Non-imprisonment for non-payment of poll tax;

f. Origin of appropriation, revenue,and tariff bills;

g. Non-infringement of religious

freedom;h. Delegation of legislative

authority to the President to fixtariff rates, import and exportquotas, tonnage and wharfagedues;

i. Tax exemption of propertiesactually, directly and exclusivelyused for religious, charitable andeducational purposes;

j. Majority vote of all members ofCongress required in case oflegislative grant of taxexemptions;

k. Non-impairment of the SupremeCourts jurisdiction in tax cases;l. Tax exemption of revenues and

assets of, including grants,endowments, donations, orcontributions to, educationalinstitutions.

y Any question regarding theconstitutionality of a tax

measure must be resolved infavor of its validity.

y Any doubt regarding the

taxability of any person under avalid law must be resolved infavor of that person and againstthe taxing power.

y Any doubt as to the applicabilityof a tax exemption granted to aperson must be resolved againstthe exemption.

Double Taxation additional taxes arelaid:

1. on the same subject;2. by the same taxing jurisdiction;

during the same taxing period;

and3. for the same purpose.

Despite lack of specificconstitutional prohibition, doubletaxation will not be allowed if thesame will result in a violation of theequal protection clause (Nachura,Reviewer in Political Law, p.38).

TAX LICENSE FEE

1. as to basis

Power of taxation

to raise revenue

Police power to

regulate

2. limitation

Rate or amount tobe collectedunlimited providednot confiscatory.

Amount limited tocost of: (a) issuingthe license and (b)necessaryinspection orpolice surveillance.

3. object

Imposed on persons

or property.

Paid for privilege

of doing somethingbut privilege isrevocable.

4. effect of non-payment

Business or activitydoes not become

illegal.

Business becomesillegal.


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DISTINCTIONS

POLICEPOWER

EMINENTDOMAIN

TAXATION

1. Regulatesboth libertyand property

Affects only

propertyrights

Affects only

propertyrights

2. Exercisedonly by theGovernment

Maybeexercisedby privateentities

Exercisedonly by theGovernment

3. Publicnecessity and

the right ofthe state andof the publicto self-preservationand self-protection.

Necessity ofthe public

for the useof privateproperty

Publicnecessity

4. Propertyintended for anoxious

purpose istaken and

destroyed.

Property iswholesomeand is

devoted topublic use

or purpose

Property iswholesomeand is

devoted topublic use or

purpose

5. Compensation is theintangible,altruisticfeeling thatthe individualhascontributed to

the publicgood

Compensation is fulland fairequivalentof thepropertytaken

Compensation is theprotectionand publicimprovements institutedby thegovernment

for the taxespaid

6. Contracts

may beimpaired.

Contracts

may beimpaired.

Contracts

may not beimpaired.

POLICE POWER EMINENT DOMAIN

1. Lawful subject

2. Lawful means

When exercised by adelegate:

3. Express grant bylaw

4. Within theterritorial limits

5

. Must not becontrary to law

1. Necessity

2. Private property;

3. Taking;.

4. Public use;

5. Justcompensation;

6. Due process oflaw.


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2005CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONSMaricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang

(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) JonathanMangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),


Ethics)

2. Foreign state property, including theirembassies, consulates and publicvessels engaged in non-commercialactivities;

3. Acts of states;

4. Foreign merchant vessels exercisingtheir rights of innocent passage or

involuntary entry, such as arrivalunder distress;

5. Foreign armies passing through orstationed in its territory with itspermission; and

6. Such other persons and property, overwhich the state may, by agreement,waive jurisdiction (Nachura, Reviewerin Political Law, 1996 ed., p. 18).

Article II :

PRINCIPLES AND STATE POLICIES

I. SEPARATION OF POWERS

Purpose: to prevent concentration ofauthority in one person or group ofpersons that might lead toirreparable error or abuse in exerciseto the detriment of republicaninstitutions. (PangasinanTransportation Co. v. Public ServiceCommission, G.R. No. 47065. June26, 1940)

Principle of Blending of Powers instance when powers are notconfined exclusively within onedepartment but are assigned to orshared by several departments.(Nachura, Reviewer in Political Law,2000 ed., p. 42).

Principle of Checks and Balances allows one department to resistencroachments upon its prerogativesor to rectify mistakes or excesscommitted by the otherdepartments.

II. DELEGATION OF POWERS

General Rule: Potestas delegata nonpotest delegare

- premised on the ethical principlethat delegated power constitutes notonly a right but a duty to beperformed by the delegate through

the instrumentality of his ownjudgment and not through theintervening mind of another.

Exceptions (Permissible Delegation):

(PETAL)

1. Tariff powers of the President [Sec.28 (2), Art. VI]

2. Emergency powers of President [Sec.23 (2), Art. VI]

3. Delegation to the people [Sec. 32,Art. VI; Sec. 10, Art. X; Sec. 2, Art.XVII; RA 6753].

4. Delegation to Local Governmentunits (Art X; RA 7160); and

5. Delegation to administrative bodies(power of subordinate legislation).

Tests for Valid Delegation:Completeness test law must becomplete in all essential terms andconditions so that there is nothingfor delegate to do except enforce it;

Sufficient standard test map out theboundaries of delegates authorityby defining legislative policy andindicating circumstances underwhich it is to be pursued (Pelaez v.AuditorGeneral, 15 SCRA 569).

III. STATE PRINCIPLESREGARDING FOREIGN POLICY

(SEC. 2, ART. II)

1. renounces war as an instrument ofnational policy;

2. incorporation clause adopts thegenerally accepted principles ofinternational law as part of the lawof the land; and

3. adheres to the policy of peace,equality, justice, freedom,cooperation, and amity with allnations.

IV. SUPREMACY OF CIVILIAN

AUTHORITY (SEC. 3, ART. II)

Ensured by:1. the installation of the President,

the highest civilian authority asthe commander-in-chief of themilitary [Sec. 18, Art. VII];


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Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,

Joy Zabala

2. the requirement that themembers of the AFP swear touphold and defend theConstitution, which is thefundamental law of the civil

government;3. the professionalization of the

service and the strengthening ofthe patriotism and nationalism,and respect for human rights, ofthe military;

4. insulation of the AFP frompartisan politics;

5. prohibition against appointmentto a civil position;

6. compulsory retirement ofofficers, so as to avoidpropagation of power;

7. a 3-year limitation on the tour of

duty of the Chief of Staff, whichalthough extendible in case ofemergency by the President,depends on Congressionaldeclaration of emergency;

8. requirement of professionalrecruitment, so as to avoid anyregional clique from formingwithin the AFP [Sec. 5, Art. XVI];and

9. the establishment of a policeforce that is not only civilian incharacter but also under thelocal executives [Sec. 6, Art.

XVI].

V. SEPARATION OF CHURCH ANDSTATE (SEC. 6, ART. II)

Reinforced by:1. Freedom of religion clause;2. Non-establishment of religion

clause;3. No religious test clause [Sec. 5,

Art. III];4. No sectoral representative from

religious sector [Sec. 5 (2), Art.VI];

5. Prohibition against appropriationfor sectarian benefits. [Sec.

29(2), Art. VI]; and6. Religious denominations and

sects cannot be registered aspolitical parties [Sec. 2 (5) Art.IX-C].

Exceptions:1. Churches, personages, etc.,

actually, directly and exclusivelyused for religious, charitable andeducational purposes shall be

exempt from taxation [Sec. 28(3), Art. VI];

2. Prohibition against appropriationfor sectarian purposes, exceptwhen, priest etc., is assigned tothe armed forces, or to anypenal institution or governmentorphanage or leprosarium [Sec.29 (2), Art. VI];

3. Optional religious instruction forpublic elementary and highschool students [Sec. 3 (3), Art.XIV];and

4. Filipino ownership requirement

for educational institutions,except those established byreligious groups and missionboards [Sec. 4 (2), Art. XIV].

VI. AUTONOMY OF LOCALGOVERNMENTS(SEC. 25, ART. II; ART. X)

Decentralization of Administration -delegation of administrative powers tolocal government unit in order to broadenthe base of governmental powers.

Decentralization of Powers abdicationof political power in the favor of localgovernments units declared to beautonomous. (Limbonas v. Mangelin, 170SCRA 786)

Article III : BILL OF RIGHTS

y set of prescriptions setting forththe funda-mental civil andpolitical rights of the individual,and imposing limitations on thepowers of government as a

means of securing theenjoyment of those rights.

Classification of Rights:1. Political rights granted by law to

members of community in relationto their direct or indirectparticipation in the establishment


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or administration of thegovernment;

2. Civil rights rights which municipallaw will enforce at the instance ofprivate individuals, for the purpose

of securing them the enjoyment oftheir means of happiness;

3. Social and economic rights; and4. Human rights.

I. DUE PROCESS OF LAW

y That which hears before itcondemns, which proceeds uponinquiry and renders judgmentonly after trial (DarmouthCollege v. Woodward, 4Wheaton 518).

Aspects of Due Process:1. Substantive due process

Requisites:a. the Interest of the public in

general, as distinguished fromthat of a particular class requirethe intervention of the state;

b. means employed are reasonablynecessary for accomplishment ofpurpose and not unduly

oppressive.

- Publication of laws is part ofsubstantive due process (Taada v.

Tuvera, 146 SCRA 446).

2. Procedural due processRequisites of Civil Procedural dueprocess:a. an impartial court or tribunal

clothed with judicial power tohear and determine mattersbefore it;

b. jurisdiction properly acquiredover person of defending andover property which is subjectmatter of proceeding;

c. opportunity to be heard;

d.

judgment rendered upon lawfulhearing and based on evidenceadduced (Banco Espaol Filipino

v. Palanca, G.R. No. L-11390.March 26, 1918.)

Requisites of Criminal due process [Sec.14 (1), Art. III]:

a. accused has been heard in acourt of competent jurisdiction;

b. accused is proceeded against

under the orderly processes oflaw;

c. accused is given notice andopportunity to be heard; and

d. judgment rendered withinauthority of constitutional law(Mejia v. Pamaran, 160 SCRA457).

Requisites of Administrative DueProcess:

a. right to a hearing, whichincludes the right to presentones case and support evidence

in support thereof;b. tribunal must consider evidenceadduced;

c. decision must have something tosupport itself;

d. evidence must be substantial;e. decision must be based on

evidence adduced, or at leastcontained in the records anddisclosed to the parties;

f. independent consideration ofevidence, and not rely on therecommendation of asubordinate; and

g. the decision must state the factsand the law in such a way thatthe parties can know the issuesinvolved and the reasons for thedecision ( Ang Tibay v. CIR, 69Phil 635).

Requisites of Due Process for Studentsbefore Imposition of DisciplinarySanctions:

a. must be informed in writing ofthe nature and cause of theaccusation against him;

b. right to answer charges against

him, with the assistance ofcounsel, if desired;c. informed of the evidence against

him;d. right to adduce evidence in his

behalf;


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e. evidence must be dulyconsidered by the investigatingcommittee or official designatedby the school to hear and decidethe case.( Ateneo de Manila

University v.Capulong, 222 SCRA644)

y Right to appeal is not natural rightnor part of due process, instead,it is a mere statutory right, butonce given, denial constitutesviolation of due process.

II. EQUAL PROTECTION OF LAW(SEC. 1, ART. III)

all persons or things similarlysituated must be similarly treatedboth as to rights conferred and

responsibilities imposed.

Requisites of Valid Classification:(SNAG)

1. Such classification rests uponsubstantial distinctions;

2. It is germane to purpose of the law;3. It is not confined to existing

conditions;4. It applies equally to all members of

the same class. (People v. Vera,G.R. No. 45685. November 16,1937).

III. SEARCHES AND SEIZURES(SEC. 2, ART. III)

Scope: a popular right and hence,protects all persons, including aliens(Qua Chee Gan v. Deportation Board,9 SCRA 27) and, to a limited extent,artificial persons. (Bache & Co., Inc.v. Ruiz,37 SCRA 825)

Requisites of Valid Warrant:

1. Probable Cause

y Such facts and circumstancesantecedent to the issuance of awarrant that in themselves aresufficient to induce a cautiousman to rely on them and act inpursuance thereof (People v.Syjuco, 64

y Phil 667); Must refer to onespecific offense (Asian Surety v.Herrera, 54 SCRA 312);

For a search warrant, such factsand circumstances which would

lead a reasonably discreet andprudent man to believe that anoffense has been committed andthat the objects sought inconnection with the offense arein the place sought to besearched (Burgos v. Chief ofStaff, 133 SCRA 800).

2. Determination of probable causepersonally by the judge;

SEARCHWARRANT

WARRANT OFARREST

The judge mustpersonally examinein the form ofsearching questions

and answers, inwriting and underoath, the complaintsand any witnesses hemay produce on facts

personally known tothem. (Sec. 4, Rule

126, Rules of Court);the determination ofprobable causedepends to a largeextent upon thefinding or opinion ofthe judge whoconducted therequired examinationof the applicant andthe witnesses (Kho v.

Judge MakalintalG.R. No. 94902-06,

April 21, 1999)

It is not necessarythat the judge shouldpersonally examinethe complainant and

his witnesses (Solivenv. Makasiar, 167SCRA 393); thejudge would simplypersonally review the

initial determinationof the prosecutor to

see if it is supportedby substantialevidence; he merelydetermines theprobability, not thecertainty of theaccused and, in sodoing, he need notconduct a de novohearing (Webb v. DeLeon, 247 SCRA 652)

3. After personally examining underoath or affirmation of thecomplainant and the witness he mayproduce;

4. On the basis of their personalknowledge of the facts they aretestifying to;

5. The warrant must describeparticularly the place to be searched


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and the things or person to beseized.

SEARCHWARRANT

WARRANT OFARREST

The description ofproperty to be seizedneed not betechnically accuratenor necessarilyprecise, and itsnature willnecessarily vary

according to whetherthe identity of the

property or itscharacter is a matterof concern; the

description isrequired to be

specific only in so faras the circumstanceswill allow (Kho v.

Judge Makalintal,G.R. No. 94902-06,April 21, 1999)

General warrantsare proscribed andunconstitutional(Nolasco v. Puno, 139SCRA 152); However,a John Doe Warrant(a warrant for theapprehension of a

person whose truename is unknown)

satisfies theconstitutionalrequirement of

particularity if thereis some descrpitio

personae which willenable the officer toidentify the accused(Nachura, Reviewerin Political Law, p.73)

y Commissioner of Immigration

and Deportation may issuewarrant only for purpose ofcarrying out a final decision ofdeportation (CID v. Judge De laRosa, 197 SCRA 853) or there issufficient proof of guilt of an

alien (Harvey v. Defensor-Santiago, G.R. No. 82544, June28, 1988).

Exclusionary Rule Evidence obtainedin violation of Sec. 2, Art. III, shall beinadmissible for any purpose in anyproceedings (Fruit of a Poisonous TreeDoctrine) (Stonehill v. Diokno, 20 SCRA383)

Warrantless Arrest, When Valid1. when person to be arrested has

committed, is actually committing,

or is attempting to commit anoffense;2. when

a. an offense has just beencommitted; and

b. he hasprobable cause to believebased on personal knowledgeoffacts or circumstances that the

person to be arrested hascommitted it; and

3. when a person to be arrested is anescapee or detention prisoner. (Sec.5, Rule 113, Revised Rules of

Criminal Procedure)

- An application for or admission to bailshall not bar the accused fromchallenging the validity of his arrest,provided that he raises them beforeentering his plea. (Sec. 26,Rule 114, Revised Rules of CriminalProcedure)

Warrantless Searches, When Valid:1. when right has been voluntarily

waived (People v. Malasugui, 63 Phil221);

2. as an incident to a lawful arrest,provided search is contemporaneousto arrest and within permissible areaof search (see Sec. 13, Rule 126,Revised Rules on CriminalProcedure);

a validarrest must precede thesearch; the process cannot bereversed. (People v. Chua HoSan, 308 SCRA 432).

3. searches of vessel and aircraft forviolation of fishery, immigration andcustoms laws (Roldan v. Arca, 65SCRA 336);

4. searches of automobiles at bordersor constructive borders for violationof immigration and smuggling laws(Papa v. Mago, 22 SCRA 857);

5. Inspection of buildings and otherpremises for the enforcement offire, sanitary and buildingregulations;

6. Visual search at checkpoints(Valmonte vs. de Villa, 178 SCRA211);

7. Conduct of areal target zoning andsaturation drive in the exercise ofmilitary powers of the President

(Guazon v. de Villa, 181 SCRA 623);8. When there is a genuine reason to

stop-and-frisk in the light of thepolice officers experience andsurrounding conditions to warrant abelief that the person detained hasweapons concealed (Malacat v.Court of Appeals, G.R. No. 123595,


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December 1, 1997 citing Terry vs.Ohio); and

9. Where prohibited articles are inplain view (Chia v. Actg. Collector ofCustoms, 177 SCRA 755)

Plain View Doctrine objects within thesight of an officer who has the right tobe in a position to have that view aresubject to seizure and may be presentedas evidence (open to the eye and hand).

Elements:a. a prior valid intrusion based on

the valid warrantless arrest inwhich the police are legallypresent in the pursuit of theirofficial duties;

b. the evidence was inadvertently

discovered by the police whohave the right to be where theyare;

c. the evidence must beimmediately apparent;

d. plain view justified mere seizureof evidence without furthersearch. (People v. Bolasa, GRNo. 125754, Dec.22, 1999).

IV. PRIVACY OF COMMUNICATION ANDCORRESPONDENCE(SEC. 3(1), ART. III]

Limitations:1. by lawful order of the court;2. public safety or public order requires

otherwise, as may be provided bylaw (Sec. 3, Art. III).

V. FREEDOM OF EXPRESSION(SEC. 4, ART. III)

Aspects:1. freedom from censorship or prior

restraint;2. freedom from subsequent

punishment.

Tests for Valid GovernmentInterference to Freedom of Expression:

1. Clear and present danger rule when words are used in suchcircumstance and of such nature asto create a clear and present dangerthat will bring about substantive evil

that State has right to prevent(Schenck v. U.S., 249 US 97);a. clear causal connection with

the danger of the substantiveevil arising from the utterance

questioned; andb. present time element,

identified with imminent andimmediate danger; the dangermust not only be probable, butvery likely inevitable (Gonzalesv. Comelec, 27 SCRA 835).

2. Dangerous tendency rule wordsuttered create a dangerous tendencyof an evil which the State has a rightto prevent (Cabansag v. Fernandez,102 Phil. 502);

3. Balancing of interest rule when

particular conduct is regulated ininterest of public order, and theregulation results in an indirect,conditional, partial abridgment ofspeech, the duty of the courts is todetermine which of the 2 conflictinginterests demands the greaterprotection under the particularcircumstances presented (AmericanCommunications Association v.Douds, 339 US 282).

Assembly and Petition:

y The right to assemble is not

subject to prior restraint andmay not be conditioned upon theprior issuance of a permit orauthorization from thegovernment authorities.However, the right must beexercised in such a way as willnot prejudice the public welfare(De la Cruz v. Court of Appeals,G.R. Nos. 126183 &129221,March 25, 1999).

y If assembly is to be held at a public place, permit for the use

of such place, and not for theassembly itself may be validlyrequired. Power of localofficials is merely for regulationand not for prohibition.(Primicias v. Fugoso, 80 Phil 71)

Permit for public assembly is notnecessary if meeting is to beheld in:


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a. a private place;b. the campus of a government-

owned or operatededucational institution; or

c. a freedom park. [B.P. Blg.

880 (The Public AssemblyAct of 1985)].

VI. FREEDOM OF RELIGION(SEC. 5, ART. III)

1. Non-establishment clauseScope:a. State cannot set-up church;b. Cannot pass laws which aid one

religion, all religions or preferone over another;

c. Nor influence a person to go toor remain away from church

against his will; nord. Force him to profess a belief ordisbelief in any religion (Martin,Reviewer in Political Law, p.39)

2. Freedom of religious belief andworship

Dual aspect of freedom of religiousbelief and worship:

a. Freedom to believe absolute;and

b. Freedom to act on ones belief subject to regulation.

VII. LIBERTY OF ABODE(SEC. 6, ART. III)

Limitations:1. Liberty of abode - lawful order of

the court2. Right to travel

a. In the interest of nationalsecurity, public safety, publichealth, as may be provided bylaw;

b. any person on bail (Silverio vs.CA, G.R. No. 94284. April 8,1991.)

VIII. RIGHT TO INFORMATION(SEC. 7, ART. III)

Rights guaranteed:1. Right to information to matters of

public concern; and2. Corollary right of access to official

records and documents.

y These are political rights thatare available to citizens only.(Bernas, Philippine Constitution,p. 85)

IX. RIGHT TO FORM ASSOCIATIONS(SEC. 8, ART. III

y Right to form association shallnot be impaired without dueprocess of law;

y Also guarantees the right not tojoin an association.

X. NON-IMPAIRMENT OFCONTRACTS (SEC. 10, ART. III)

Impairment anything that diminishesthe efficacy of contract

Limitations:1. police power prevails over

contracts.2. eminent domain may impair

obligations of contracts.3. taxation cannot impair obligation

of contracts.

XI. RIGHTS OF AN ACCUSED UNDERCUSTODIAL INVESTIGATION(SEC. 12, ART. III

1. right to be informed of his rightto remain silent and to counsel;

Rationale:a. to make him aware of it;b. to overcome the inherent

pressure of the

interrogating atmosphere;and

c. to show the individualthat his interrogators areprepared to recognize hisprivilege should he chooseto invoke it.


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y Carries the correlativeobligation on the part of theinvestigator to explain, andcontemplates effectivecommunication which results in

the subject understanding what isconveyed (People v. Agustin, 240SCRA 541).

2. right to be reminded that if hewaives his right to remain silent,anything he says can and will beused against him;- Rationale:

a. to warn him of theconsequences of waivinghis right to remain silent;and

b. to make him aware that

this is an adversarysystem, and the police arenot acting in his interest.

3. right to remain silent;

4. right to have competent andindependent counsel preferably ofhis own choice;- Rationale:

a. to mitigate the dangersof untrustworthiness inhis testimony, since theinherent pressure

initially overcome by theright to remain silentmay again run unlesscoupled with the right tocounsel;

b. to lessen the possibilityof coercion by thepolice.

preferably of his own choice

y does not mean that thechoice of a lawyer isexclusive as to precludeother equally competentand independent

attorneys from handlingthe defense (People v.Barasina, 229 SCRA 450).

5. right to beprovided with counsel,if the person cannot afford theservices of former;Rationale:

a. to inform him that if hedoes not have counsel orcannot afford one, hedoes not have to defendhimself alone;

b. to inform him that hispoverty is no reason why

he should lose his right tocounsel.

While the choice of thelawyer is naturally lodged in thepolice investigators, the suspecthas the final choice as he mayreject the counsel chosen for himand ask for another one (People v.Jerez, G.R. No. 114385, January19, 1998).

6. no force, etc. which vitiates freewill shall be used;

7. secret detention places, etc., areprohibited;

8. confessions/admissions obtainedin violation of these rights areinadmissible as evidence.

What is sought to be avoidedby the rule is the evil ofextorting from the very mouthof the person undergoinginterrogation for the

commission of an offense thevery evidence with which toprosecute and thereafter toconvict him (People v. Bonola,G.R. No. 116394, June 19,1997).

When available

the rights under Sec.12, Art. III areavailable when the investigation isno longer a general inquiry unto anunsolved crime but has begun to focus on a particular suspect, thesuspect has been taken into police

custody, the police carry out aprocess of interrogation that lends

itself to eliciting incriminatingstatements (People v. Mara, 55 SCAD418).

Sec. 2 of RA No. 7438 provides thatcustodial investigation shall include


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the practice of issuing an invitationto a person who is underinvestigation in connection with anoffense he is suspected to havecommitted.

What rights may be waived:

1. the right to remain silent;2. the right to counsel.

Waiver must be in writing and in thepresence of counsel.

What rights cannot be waived:1. the right to be informed of his right

to remain silent and to counsel;2. the right to counsel when making the

waiver of the right to remain silentor to counsel.

Rights of Person Suspected andSubsequently Charged:

1. Before case is filed incourt/prosecutor for preliminaryinvestigation but after being put intocustody to or otherwise deprived ofliberty, and on being interrogated bypolice:a. to remain silent;b. to be informed thereof;c. not to be subjected to force,

violence, threat, or intimidationwhich vitiates free will;

d. to have evidence obtained inviolation of these rightsinadmissible as evidence.

2. After the case is filed in court:a. to refuse to be witness against

himself;b. not to have prejudice imputed

on him as a result of suchrefusal;

c. to testify on his behalf;d. to cross-examination;e. while testifying, to refuse

questions which tend to

incriminate him for some crimeother than present charge.

XII. RIGHT TO BAIL(SEC. 13, ART. III)

BAIL- security given for the release of a

person in custody of law, furnished byhim or a bondsman, to guarantee his

appearance before any court asrequired under conditions specifiedunder the rules of court. (see Sec. 1,Rule 114, Revised Rules of CriminalProcedure).

- The right to bail may be invokedonce detention commences even ifno formal charges have yet to befiled (Teehankee v. Rovira, 75 Phil.634).

- Suspension of the writ of habeascorpus does not suspend right to bail[Sec.13, Art.III].

- Even when the accused haspreviously jumped bail, still hecannot be denied bail beforeconviction if it is a matter of right.The remedy is to increase theamount of bail. (SyGuan v. Amparo,G.R. No. L-1771. December 4,1947);

BAIL, A MATTER OF RIGHT

(RULE 114, SEC. 4)All persons in custody shall beadmitted to bail as a matter of right,with sufficient sureties, or be releasedon recognizance as prescribed by lawor this rule:

(a.) Before or after conviction bythe MTC, and

(b.) Before conviction of the RTCof an offense not punishableby death, reclusion perpetuaor life imprisonment.


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BAIL, WHEN DISCRETIONARY(RULE 114, SEC. 5)

Upon conviction by the RTC of an offense not

punishable by death, reclusion perpetua, orlife imprisonment, the court, on application,

may admit the accused to bail.The court, in its discretion, may allow

the accused to continue on provisional liberty

after the same bail bond during the period toappeal subject to the consent of the

bondsman.If the court imposed a penalty of

imprisonment exceeding 6 years but not morethan 20 years, the accused shall be deniedbail, or his bail previously granted shall becancelled, upon showing by the prosecution,

with notice to the accused, of the followingor other similar circumstances:

(a) that the accused is a recidivist, quasi-

recidivist, or habitual delinquent, or hascommitted the crime aggravated by the

circumstance of reiteracion;(b) that the accused is found to have

previously escaped from legalconfinement, evaded sentence, or hasviolated the conditions of his bailwithout valid justification;

(c) that the accused committed the offensewhile on probation, parole, or underconditional pardon;

(d) that the circumstances of the accusedor his case indicate the probability offlight if released on bail; or

(e) that there is undue risk that during the

pendency of the appeal, the accusedmay commit another crime.

Hearing: whether bail is a matter ofright or of discretion, reasonable noticeof hearing is required to be given theprosecutor, or at least he must be askedfor his recommendation, because infixing the amount of bail, the judge isrequired to take into account a numberof factors (Cortes v. Judge Catral, A.M.No. RTJ-97-1387, September 10, 1997).

Standards for fixing amount of bail:

1. financial ability of accused;2. nature and circumstances of offense;3. penalty for offense;4. character and reputation of accused;5. age and health of accused;6. weight of evidence against him;7. probability of his appearance at

trial;8. forfeiture of other bail;

9. whether he was a fugitive fromjustice when arrested ; and

10.pendency of other cases where he ison bail.

Excessive bail shall not be required.(Sec. 9, Rule 114, Revised Rules ofCriminal Procedure)

WHEN BAIL SHALL BE DENIED

(RULE 114, SEC. 7)

No person, regardless of the stage of thecriminal prosecution, shall be admitted tobail if:

(a.)charged with a capital offense, oran offense punishable by reclusionperpetua or life imprisonment; AND

(b.)evidence of guilt is strong.

When the accused is charged with anoffense punishable by reclusionperpetua or higher, a hearing on themotion for bail must be conductedby the judge to determine whetheror not the evidence of guilt is strong(Baylon v. Judge Sison, 243 SCRA284).

Without a hearing, the judge couldnot possibly assess the weight of theevidence against the accused beforegranting the latters application for

bail (Buzon v. Judge Velasco, 253

SCRA 601).

XIII. RIGHTS OF THE ACCUSED(SEC. 14, ART. III)

1. Criminal Due Process:a. accused to be heard in court of

competent jurisdiction;b. accused proceeded against under

orderly processes of law;c. accused given notice and

opportunity to be heard;

d. judgment rendered was withinthe authority of constitutionallaw.

2. Presumption of Innocence - Every circumstance favoring the

innocence of the accused must betaken into account;


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Joy Zabala

judicial, quasi-judicial andadministrative bodies.

XVI. SELF-INCRIMINATION(SEC. 17, ART. III)

Availability: not only in criminalproceedings, but also in all othergovernment proceedings, includingcivil actions and administrative orlegislative investigations. May beclaimed not only by accused but bywitness to whom an incriminatingquestion is addressed.

Scope: applies only to testimonialcompulsion and production ofdocuments, papers and chattels incourt except when books of account

are to be examined in exercise ofpower of taxation and police power.

Transactional Immunity Statute testimony of any person or whosepossession of documents or otherevidence necessary or convenient todetermine the truth in anyinvestigation conducted is immunefrom criminal prosecution for anoffense to which such compelledtestimony relates [Sec. 18 (8), Art.XIII].

Use andFruit Immunity Statute prohibits the use of a witness

compelled testimony and its fruits inany manner in connection with thecriminal prosecution of the witness(Galman v. Pamaran, 138 SCRA 274).

XVII. NON-DETENTION BY REASON OFPOLITICAL BELIEFS OR ASPIRATION[SEC. 18 (1), ART. III]

y No person shall be detained byreason of his political beliefs oraspirations

XVIII. INVOLUNTARY SERVITUDE [SEC.18 (2), ART. III]

y Condition where one is compelledby force, coercion, orimprisonment, and against his will,to labor for another, whether he ispaid or not.

General Rule: No involuntary Servitudeshall exist.

Except:1. as punishment for a crime whereof

one has been duly convicted [ Sec.18(2), Art. III];

2. service in defense of the state [Sec4, Art. II];

3. naval enlistment (Robertson v.Baldwin, 165 US 275);

4. posse comitatus (US v. Pompeya, 31Phil. 245)

5. return to work order in industriesaffected with public interest(Kaisahan ng Mangagawa sa Kahoy v.Gotamco Sawmills, G.R. No. L-1573.March 29, 1948); and

6. patria potestas [Art. 211, par.(2),

FC]

XIX. PROHIBITED PUNISHMENTS(SEC. 19, ART. III)

Prohibited punishment - mere severitydoes not constitute cruel or unusualpunishment. To violate constitutionalguarantee, penalty must be flagrantand plainly oppressive,disproportionate to nature of offense asto shock senses of community.

XX. NON-IMPRISONMENT FOR DEBTS

(SEC. 20, ART. III)

- No person shall be imprisoned fordebt or non-payment of poll tax.

Coverage:1. Debt any civil obligation arising

from a contract.2. Poll Tax a specific sum levied upon

any person belonging to a certainclass without regard to property oroccupation (e.g. Community Tax )

A Tax is not a debt since it is anobligation arising from law hence its

non-payment maybe validly punishedwith imprisonment.

XXI. DOUBLE JEOPARDY(SEC. 21, ART. III)

Requisites:1. valid complaint or information;


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2. filed before competent court;3. to which defendant has pleaded;

and4. defendant was previously acquitted

or convicted or the case dismissed

or otherwise terminated without hisexpress consent (People v. Ylagan,

58 Phil 851)

Two types:1. No person shall be twice put in

jeopardy of punishment for the sameoffense;

2. If an act is punishable by a law andan ordinance, conviction or acquittalunder either shall constitute a bar toanother prosecution for the sameact.

Dismissal of action, when made atinstance of the accused, does notput accused in first jeopardy,except:a. when ground for dismissal is

insufficiency of evidence; orb. when the proceedings have been

unreasonably prolonged as toviolate the right of the accusedto a speedy trial.

Crimes covered:1. same offense; or attempt to commit

or frustration thereof or for any

offense which necessarily includes oris necessarily included in the offensecharged in original complaint orinformation; and

2. when an act is punished by a law andan ordinance, conviction or acquittalunder either shall bar anotherprosecution for the same act.

y Doctrine of Supervening Event prosecution for another offenseif subsequent developmentchanges character of the firstindictment under which he may

have already been charged orconvicted.

Conviction of accused shall NOT baranother prosecution for an offensewhich necessarily includes the offenseoriginally charged when:

1. graver offense developed due tosupervening facts arising from thesame act or omission;

2. facts constituting graver offensearose or discovered only after filing

of former complaint or information;and

3. plea of guilty to lesser offense wasmade without the consent ofprosecutor or offended party (Peoplev. Judge Villarama, 210 SCRA 246).

Reopening ofKuratong Baleleng Cases:The new rule (Rule117, Sec 8) has fixeda time-bar of one year or two years forthe revival of criminal cases provisionallydismissed with the express consent ofthe accused and with a priori notice tothe offended party.

The time-bar cannot be appliedretroactively in 1999 when the caseswere dismissed for to so, the stateshall effectively have less than twoyears to reopen the case because therule only took effect in December2000. This would prevent absurdresults and injustice to the Sate.(People, et al. vs. Panfilo Lacson,G.R. No. 149453, April 1, 2003)

XXII. EX POST FACTO LAW AND BILL OFATTAINDER

(SEC. 22 ART. III)

EX POST FACTO LAWKinds:1. law making an act criminal which

was not before its passage;2. law aggravating penalty for crime

committed before passage;3. law inflicting greater or more severe

penalty;4. law altering legal rules of evidence

and receive less or differenttestimony than law required at timeof commission, in order to convict

accused;5. law assuming to regulate civil rightsand remedies only, in effect imposesa penalty

6. of deprivation of right for somethingwhich when done was lawful;

7. law depriving accused of some lawfulprotection to which he had beenentitled, such a protection of a


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Ethics)

2. resided in the Philippines for not lessthan 10 years; may be reduced to 5years, if:

a.honorably held office in thePhilippines;

b.established new industry orintroduced a useful invention;

c.married to a Filipino woman;d.engaged as teacher in

Philippine public or privateschool not established forexclusive instruction toparticular nationality or race, orin any of branches of educationor industry for a period of notless than 2 years; and

e.born in the Philippines;3. character:

a.good moral character;

b.believes in the Constitution;c.conducted himself in anirreproachable conduct during hisstay in the Philippines;

4. Own real estate in the Philippinesnot less than P5,000 in value; orhave some lucrative trade,profession or lawful occupation thatcan support himself and his family;

5. Speak and write English or Filipinoand any principal Philippine dialects;(as amended by Sec. 6 Art. XIV); and

6. Enrolled minor children in any publicor private school recognized by

government where Philippinehistory, government and civics aretaught as part of curriculum, duringthe entire period of residence priorto hearing of petition.

Declaration of Intention must be filedwith the Office of the Solicitor Generalone year before filing of application fornaturalization.

Exception:a.Those born in the Philippines and

received primary and secondary

education in a Philippine school;b.Those who have resided in thePhilippines for thirty years;

c.The widow or children of theapplicant who died before hisapplication was granted.

Disqualification for Naturalization:a. opposed to organized

government or affiliatedwith any association or groupof persons who uphold and

teach doctrines opposing allorganized governments;

b. defending or teachingnecessity or propriety ofviolence, personal assault orassassination for the successor predominance of theirideas;

c. polygamists or believers inpolygamy;

d. suffering from mentalalienation or incurablecontagious disease;

e. convicted of crime involving

moral turpitude;f. who during residence in thePhilippines have not mingledsocially with Filipinos, or notevinced sincere desire tolearn and embrace customs,traditions and ideals ofFilipinos;

g. citizens or subjects ofnations with whom thePhilippines is at war, duringthe period of such war;

h. citizens or subjects offoreign country whose laws

do not grant Filipinos rightto become naturalizedcitizens or subjects thereof(no reciprocity).

Effects of Naturalization :1. ON THE WIFE

vests citizenship on wife whomight herself be lawfullynaturalized; She need not proveher qualifications but only thatshe is not disqualified. (Moy YaLim Yao v. Comm. ofImmigration, 41 SCRA 292).

2. ON THE MINOR CHILDREN(i) If born in the Philippines automatically becomes a citizen;

If born abroad


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If born before the naturalization ofthe father

(ia) residing in RP at thetime of naturalization automatically becomes

citizen;(ib) if not residing in RP at

the time ofnaturalization considered citizen onlyduring minority, unlessbegins to residepermanently in thePhilippines;

(ii) If born born outside thePhilippines after parentsnaturalization consideredFilipino, providedregistered as such before

any Philippines consulatewithin 1 year after attainingmajority age and takes oathof allegiance.

Grounds for Denaturalization:a) naturalization certificate

obtained fraudulently orillegally;

b) if, within 5 years, he returns tohis native country or to someforeign country and establishesresidence therein;

c) naturalization obtained through

invalid declaration of intention;d) minor children failed to graduatethrough the fault of the parentseither by neglecting support orby transferring them to anotherschool; and

e) allowing himself to be used asdummy.

Effects of Denaturalization:a) If ground affects intrinsic

validity of proceedings,denaturalization shall divestwife and children of their

derivative naturalization;andb) If the ground is personal, the

wife and children shall retaincitizenship.

Doctrine of Indelible Allegiance anindividual may be compelled toretain his original nationalitynotwithstanding that he has alreadyrenounced or forfeited it under the

laws of the second state whosenationality he has acquired.

III. LOSS OF PHILIPPINE CITIZENSHIP:(CA 63) (C2 RAND)

1. Naturalization in a foreign country;2. Express renunciation of citizenship

(expatriation); The mere application or

possession of an alien certificateof registration does not amountto renunciation (Mercado vs.Manzano, G.R. No. 135083, May

26, 1999)3. Subscribing to an oath of allegianceto constitution or laws of foreignupon attaining of 21 years of age;

Citizens may not divestcitizenship when Philippines is atwar.

4. Rendering service to or acceptingcommission in the armed forces of aforeign country;

5. Cancellation of certificate ofnaturalization;

6. Having been declared by finaljudgment a deserter of Philippines

Armed Forces in times of war.

General Rule: Res judicata does notset in citizenship cases.

Exception:1. persons citizenship is

resolved by court or anadministrative body as amaterial issue in thecontroversy, after a full-blown hearing;

2. with the active participationof the Solicitor General or

his representative; and3. finding of his citizenship is

affirmed by the SupremeCourt.


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Article V : SUFFRAGE

I. SUFFRAGE- right to vote in elections.

Who may exercise (Sec. 1, Art. V)1. all citizens of the Philippines, nototherwise disqualified by law;

2. at least 18 years of age3. resided in the Philippines for at least

one year; and4. resided in the place they propose to

vote for at least 6 monthsimmediately preceding the election.

II. RESIDENCE- has dual meaning (Sec.1, Art. V):First as a requirement of residencein the Philippines: synonymous withdomicile

imports both intention to resideand personal presence coupledwith conduct indicative of suchintention.

Second requirement of residencein the place where one intends tovote:

can mean domicile or temporaryresidence

Requisites of Acquisition of Domicile byChoice:1. residence or bodily presence in the

new locality;

2. an intention to remain there; and3. an intention to abandon the old

residence. (Gallego v. Verra, 73 Phil.453)

III. THE OVERSEAS ABSENTEE VOTINGACT OF 2003 (R.A. 9189)

1. Definition of TermsAbsentee Voting - the process by

which qualified citizens of thePhilippines abroad exercise theirright to vote;

Overseas Absentee Voter - a citizen

of the Philippines who isqualified to register and voteunder this Act, not otherwisedisqualified by law, who isabroad on the day of elections.

2. Coverage all citizens of thePhilippines abroad, who are nototherwise disqualified by law, at

least eighteen (18) years of age onthe day of elections, may vote forpresident, vice-president, senatorsand party-list representatives.

3. Disqualifications

a. Those who have lost theirFilipino citizenship in accordance

with Philippine laws;b. Those who have expressly

renounced their Philippinecitizenship and who havepledged allegiance to a foreigncountry;

c. Those who have committed andare convicted in a final judgmentby a court or tribunal of anoffense punishable byimprisonment of not less thanone (1) year, including those

who have committed and beenfound guilty of Disloyalty asdefined under Article 137 of theRevised Penal Code, suchdisability not having beenremoved by plenary pardon oramnesty; Provided, however,That any person disqualified tovote under this subsection shallautomatically acquire the rightto vote upon expiration of five(5) years after service ofsentence; Provided, further,That the Commission may take

cognizance of final judgmentsissued by foreign courts ortribunals only on the basis ofreciprocity and subject to theformalities and processesprescribed by the Rules of Courton execution of judgments;

d. An immigrant or a permanentresident who is recognized assuch in the host country, unlesshe/she executes, uponregistration, an affidavitprepared for the purpose by theCommission declaring that

he/she shall resume actualphysical permanent residence inthe Philippines not later thanthree (3) years from approval ofhis/her registration under thisAct. Such affidavit shall alsostate that he/she has notapplied for citizenship in anothercountry. Failure to return shall


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Joy Zabala

Classes of Referendum:1. Referendum on Statutes

petition to approve or reject anact or law, or part thereof,passed by Congress;

2. Referendum on Local Laws legal process whereby the

registered voters of the localgovernment units may approve,amend or reject any ordinanceenacted by the sanggunian. (Sec.126, RA 7160 or the LGC of 1991)

II. COMPOSITION

Senate 24, elected at large by thequalified voters of thePhilippines;

House of Representatives not more

than 250 members consisting of:a. District Representatives

elected from legislativedistricts apportioned amongthe provinces, cities and theMetropolitan Manila area;

b. Party-list Representatives shall constitute 20% of thetotal number ofrepresentatives, electedthrough a party-list systemof registered national,regional and sectoral partiesor organizations.

The Party-list organizationmust represent themarginalized andunderprivileged and thenominees themselves mustcomply with this qualitativerequirement (Ang BagongBayani, et al. vs. ComelecG.R. No. 147589, June 26,2001)

DISTRICTREPRESENTATIVE

PARTY-LISTREPRESENTATIVE

1. Elected accordingto legislative

district by theconstituents ofsuch district

1.Elected nationally,with party-list

organizationsgarnering at least3% of all the votescast for the party-list systementitled to 1 seat,which is increased

according toproportionalrepresentation,but is in no way toexceed 3 seats perorganization

2. Must be aresident of hislegislative districtfor at least 1 yearimmediatelybefore theelection

2.No specialresidencyrequirement

3. Electedpersonally, i.e.by name.

3.Voted upon byparty ororganization. It isonly when a party

is entitled torepresentation

that it designateswho will sit asrepresentative.

4. Does not loseseat if he/shechanges party oraffiliation.

4. If he/she changesparty oraffiliation, loseshis seat, in whichcase he/she willbe substituted byanother qualified

person in theparty /

organization based

on the listsubmitted to theCOMELEC

5. In case ofvacancy, aspecial electionmay be heldprovided that thevacancy takes

place at least 1year before thenext election.

5. In case ofvacancy, asubstitution willbe made withinthe party, basedon the list

submitted to theCOMELEC.

6. A district

representative isnot preventedfrom runningagain as a districtrepresentative ifhe/she lost

during theprevious election.

6. A party-list repre-

sentative cannotsit if he ran andlost in the previouselection.

7. A change in 7. A change in


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affiliation within6 months prior toelection does notprevent a districtrepresentativefrom running

under his newparty.

affiliation within6 months prior toelection prohibitsthe party-listrepresentativefrom sitting as

representativeunder his newparty ororganization.

III. APPORTIONMENT OF LEGISLATIVEDISTRICT[Sec. 5 (3) and (4), Art. VI]

1. Maintain proportionalrepresentation based on numberof inhabitants;

Each city with not less than250 thousand inhabitants,

entitled to at least one (1)representative;

Each province, irrespectiveof the number ofinhabitants, entitled to atleast one (1) representative.

2. Each district must be contiguous,compact and adjacent.Gerrymandering is not allowed;

Gerrymandering formationof one legislative district outof separate territories forthe purpose of favoring acandidate or a party (Bernas,Reviewer in PhilippineConstitution, P. 186)

3. Reapportionment within 3 yearsfollowing return of every census.

IV. ELECTION1. Regular second Monday of May,

every three years2. Special (RA 6645)

No special election will be calledif vacancy occurs:a. at least eighteen (18)

months before the nextregular election for membersof the Senate;

b. at least (1) year before thenext regular election forMembers of Congress.

The particular House of Congresswhere vacancy occurs must passeither a resolution if Congress is

in session or the SenatePresident or the Speaker mustsign a certification, if Congress isnot in session,a.declaring the existence of

the vacancy;b.calling for a special election

to be held within 45 to 90days from the date of theresolution or certification.

the Senator or representativeelected shall serve only for theunexpired term.

V. SESSIONS[SEC. 14, ART. VI]

1. Regular convene once every year.The fourth Monday of July until 30

days before the start of new regularsession;

2. Speciala. called by the President [Sec. 15,

Art VII];b. to call a special election due to

a vacancy in the offices of thePresident and Vice President at10 oclock a.m. on the third dayafter the vacancies [Sec. 10, Art.VII];

c. to decide on the disability of thePresident because the majorityof all the

members of the cabinet hasdisputed his assertion that heis able to discharge the powersand duties of his office [Sec.11par(3), Art. VII];

d. to revoke or extend thePresidential Proclamation ofMartial Law or suspension of thewrit of habeas corpus. [Sec. 18,Art. VII]

3. Joint sessions a. voting separately

(i) choosing the President [Sec.4, Art. VII];

(ii) determine Presidentsdisability [Sec. 11, Art. VII];

(iii) confirming nomination ofVice-President [Sec. 9, Art.VI];

(iv) declaring existence of astate of war [Sec. 23, Art.VI];


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(v) proposing constitutionalamendments [Sec. 1, Art.XVII].

b. voting jointly (i.) to revoke or extend

proclamation suspendingthe privilege of writ of

habeas corpus [Sec. 18, Art.VII];

(ii.) to revoke or extenddeclaration of martial law[Sec. 18, Art. VII].

4. Adjournment neither Chamberduring session, without the consentof the other, adjourn for more than3 days, nor any other place than thatin which the two Chambers shall besitting [Sec. 16 (5), Art. VI].

Adjournment Sine Die intervalbetween the session of one Congress andthat of another; Congress must stop theclock at midnight of the last day ofsession in order to validly pass a law.

The Senate is a continuing bodywhile the House is not.

VI. DISCIPLINE OF MEMBERS[SEC. 16 (3), ART. VI]

Each house may punish its membersfor disorderly behavior, and, withthe concurrence of 2/3 of all its

members, suspend (for not morethan 60 days) or expel a member.

The interpretation of the phrasedisorderly behavior is theprerogative of the House concernedand cannot be judicially reviewed.(Alejandrino v. Quezon, 46 Phil 83).

VII. MATTERS MANDATED BYCONSTITUTION TO BE ENTEREDINTO THE JOURNAL[SEC. 16 (4), ART. VI]

1. yeas and nays on third and final

reading of a bill [Sec. 26(2), Art. VI];2. veto message of President [Sec.

27(1), Art.VI];3. yeas and nays on re-passing a bill

vetoed by President [Sec.27(1), Art.VI]; and

4. yeas and nays on any question at therequest of 1/5 of members present[Sec.16(4), Art.VI].

Enrolled Bill conclusive upon courts as

regards the tenor of the measure passedby Congress and approved by the

President (Mabanag v. Lopez Vito, 78Phil. 1)

Journal Entry vs. Enrolled Bill

Enrolled bill prevails (Field v. Clark,143 US 649), except to matters,which under the Constitution, mustbe entered into the Journal.(Astorga v. Villegas, 56 SCRA 714)

VIII. CONGRESSIONAL ELECTORALTRIBUNALS (SET OR HRET) (SEC.

17, ART. VI)

Composition:1. 3 Supreme Court Justices designated

by Chief Justice; and2. 6 members of the Chamber

concerned (Senate or HR) chosen onthe basis of proportionalrepresentation from political partiesand parties registered under theparty-list systemSenior Justice shall act as Chairman.

Power of Electoral Tribunals:

1. Sole judge of all contests relating tothe election, returns andqualification of their respectivemembers.(Sec. 17, Art. VI)

2. Rule-making power (Lazatin v. HRET,168 SCRA 391)

It is independent of the Houses ofCongress and its decisions may bereviewed by the Supreme Court onlyupon showing of grave abuse ofdiscretion.

IX. COMMISSION ON APPOINTMENTS

(SEC. 18, ART. VI)

Composition:

12 Senators and 12 Representatives,elected by each house on the basisof proportional representation fromthe political parties and parties andorganizations registered under the


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XI. LEGISLATIVE PROCESS

Doctrine of shifting majority: For eachHouse of Congress to pass a bill, onlythe votes of the majority of those

present in the session, there being aquorum, is required.

Quorum majority of each House, but asmaller number may adjourn from day today and may compel the attendance ofabsent Members in such manner andunder such penalties as such House maydetermine [Sec. 16(2), Art. VI].

The basis for determining theexistence of a quorum in the Senateshall be the total number of Senatorswho are in the country and withinthe coercive jurisdiction of the

Senate ( Avelino v. Cuenco, 83 Phil17).

Bills that must originate from theHouse of Representatives:1. Appropriations bill;2. Revenue and tariff bills;3. Bill authorizing increase in public

debts;4. Bill of local application; and5. Private bills [Sec.24, Art. VI].

Procedure for Approval of Bills:1. Bill is approved by both chambers;

2. President approves and signs it;3. If the President vetoes the bill,

return bill with presidentialobjections to the house of origin.Veto may be overridden upon vote of2/3 of all members of the House oforigin and other house; and

4. Presidential inaction for 30 daysfrom receipt of the bill: bill becomesa law as if the same has been signedby him

How a Bill becomes Law:1. Approved and signed by the

President;2. Presidential veto overriden by

2/3 vote of all members of bothHouses;

3. Failure of the President to vetothe bill and to return it with hisobjections to the House where itoriginated, within 30 days afterthe date of receipt;

4. A bill calling a special electionfor President and Vice-President

under Sec. 10, Art. VII becomeslaw upon third and final reading.

PRESIDENTIAL VETO

General Rule: If the Presidentdisapproves a bill enacted by Congress,he should veto the entire bill. He is notallowed to veto separate items of a bill.

Exception: Item-veto in the case ofappropriation, revenue, and tariff bills

[Sec. 27 (2), Art. VI].

Exceptions to the exception:1. Doctrine of Inappropriate

Provisions a provision that isconstitutionally inappropriate for anappropriation bill may be singled outfor veto even if it is not anappropriation or revenue item(Gonzales v. Macaraig, Jr., 191 SCRA452).

2. Executive Impoundment - refusalof the President to spend fundsalready allocated by Congress for

specific purpose. It is the failure tospend or obligate budget authorityof any type. (Philconsa v. Enriquez,G.R. No. 113105. August 19, 1994).

Pocket Veto occurs when (1) thePresident fails to act on a bill and (2)the reason he does not return thebill to Congress is that Congress isnot in session.

Not applicable in the Philippinesbecause inaction by thePresident for 30 days neverproduces a veto even if Congress

is in recess. The President muststill act to veto the bill andcommunicate his veto toCongress without need ofreturning the vetoed bill with hisveto message.


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except temporary ones toexecutive positions 2 monthsimmediately before nextPresidential elections and up tothe end of his term. Only when

continued vacancy will prejudicepublic service or endanger public

safety [Sec. 15, Art. VII].3) The spouse and relatives by

consanguinity or affinity withinthe 4th civil degree of thePresident shall not, during histenure be appointed as:a. members of the

Constitutional Commissions;b. member of the Office of the

Ombudsman;c. Secretaries;d. Undersecretaries;

e. Chairman or heads ofbureaus or offices, includingGOCC and their subsidiaries.[Sec.13,par. 2, Art. VII]

4. The President shall have the powerto make appointments during therecess of the Congress, whethervoluntary or compulsory, but suchappointments shall be effective onlyuntil disapproval by the CA or untilthe next adjournment of theCongress. [Sec. 16 par.2, Art. VII]

3. POWER OF REMOVAL

General rule: this power is impliedfrom the power to appoint.

Exception: those appointed by himwhere the Constitution prescribescertain methods for separation frompublic service.(e.g. impeachment)

4. POWER OF CONTROLControl power of an office to:

y Alter,

y Modify,

y Nullify, or

y Set asidewhat a substitute had done inthe performance of his dutiesand to substitute his judgment tothat of the former (Mondano v.Silvosa, 97 Phil, 143).

y Doctrine of Qualified PoliticalAgency or Alter Ego Principle acts

of the Secretaries of Executivedepartments when performed andpromulgated in the regular course ofbusiness or unless disapproved orreprobated by the Chief Executive,

are presumptively the acts of theChief Executive (Villena v. Secretary

of the Interior, 67 Phil 451).

5. MILITARY POWERS (SEC. 18, ART.VIII)a. Commander-in Chief clause

To call out the Armed Forceto prevent or suppresslawless violence, invasion orrebellion;

organize courts martial andcreate military commissions.

b. Suspension of the Privilege ofWrit of Habeas Corpus andDeclaration of Martial Law(i.)Grounds: invasion or

rebellion, when public safetyrequires it.

(ii.)Duration: not more than 60

days, following which it shallbe lifted, unless extended byCongress.

(iii.) Duty of the President toreport to Congress: within48 hours personally or inwriting.

(iv.) Authority of Congress torevoke or extend theeffectivity of proclamation:

by majority vote of all of itsmembers voting jointly.

(v.) Authority of the SupremeCourt: to inquire into thesufficiency of the factualbasis for such action, at theinstance of any citizen.Decision must bepromulgated 30 days withinits f

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