1987 CONSTITUTION OF THE PHILIPPINES

ARTICLE I

National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.
 Philippines is considered as an Archipelagic state. The National territory define in the
constitution follows the archipelagic doctrine. The Philippine follow the straight line base method
instead of normal baseline since we are archipelagic state. In this method, we connect the
outermost points of the outermost islands.
 Under the UNCLOS, maritime zone is categorized by the following
1. Territorial Sea – 12 nautical miles from the baseline
2. Contiguous zone – 24 nautical miles beyond the territorial sea. Cannot anymore be extended
3. Exclusive Economic Zone (EEZ) – 200 nautical miles from the baseline.
- The states can exercise two right on its EEZ
1. Sovereign rights;
a. For the purpose of exploring and exploiting, conserving and managing the living
and non-living resources in the super adjacent waters of the sea-bed and the resources
of the sea-bed and subsoil; and
b. With respect to the other activities for the economic exploitation and exploration of
the EEZ, such as production of energy from water, currents and winds;
2. Jurisdictional rights; and
a. With respect to establishment and use of artificial islands;
b. As to protection and preservation of the marine environment; and
c. Over marine scientific research.
NOTE: The coastal State has no sovereignty over the EEZ. What the coastal State
only has are sovereign rights, jurisdictional rights, and other rights under the
Law of the Sea Convention.
- UNCLOS provides that Rocks which cannot sustain human habitation or economic life
of their own shall have no exclusive economic zone or continental shelf. In the Kalayaan
Islands, one of the contentions was that those underneath it, are considered as rocks
therefore, cannot form part of EEZ of continental shelf of any country.
 High Seas - The waters, which do not constitute the internal waters, archipelagic waters,
territorial sea and exclusive economic zone of a state. It is treated as res communes or res nullius,
and thus, are not part of the territory of a particular State. Freedom of high seas (open to all
states)
 Right of Innocent Passage - It means free navigation through the territorial sea of a State for the
purpose of traversing the sea without entering internal waters, or of proceeding to internal waters,
or making for the high seas from internal waters, as long as it is not prejudicial to the peace, good
order or security of the coastal State. Usually applicable to archipelagic state.
 Air Space - Chicago Convention and the International Civil Aviation Organization - The
contracting parties recognize that every State has complete and exclusive sovereignty over the air
space above its territory (land, internal waters, territorial sea)”; but this shall not include outer
space, which is considered as res communes. Other States have no right of innocent passage over
the air territory of another State.

ARTICLE III

Bill of Rights
 Any evidence obtained in violation of the Constitution shall be inadmissible for any
purpose in any proceeding. However, in the absence of governmental interference, the
protection against unreasonable search and seizure cannot be extended to acts committed
by private individuals (People vs Marti)
 Fundamental Powers of the State (can be exerted even without constitutional grant as
they are inherent on the State although they cannot be exercise if will prejudice the Bill of
Rights)
1. Police Power (PLD) - Police power is the power of the state to promote public
welfare by restraining and regulating the use of liberty and property. It is the most
pervasive, the least limitable, and the most demanding of the three fundamental
powers of the State.
- Requisites for a valid exercise of police power
1. Lawful subject – The interests of the public generally, as distinguished from
those of a particular class, require the exercise of the police power; and
2. Lawful means – The means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon individuals
The LGU has been delegated, under LGC, police power. The basis can be found
on Section 16 (General Welfare Clause)
- The tests of a valid ordinance: (CUPGUP)
(1) must not contravene the Constitution or any statute;
(2) must not be unfair or oppressive;
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;
(5) must be general and consistent with public policy; and
(6) must not be unreasonable.
- Known cases for Police Power: (MSF)
a. City of Manila vs Laguio – Prohibiting the operation of nightclubs and bars.
Invalid exercise of police power. Characterized as over breadth. Although the
ends is justifiable, the means employed are unreasonable. They can be
regulated but not prohibited (purpose of the ordinance to put an end to
prostitution,
b. Sothern Luzon Drug vs DSWD – If the 20% discount to PWD’s are police
power or eminent domain. Police power since there is no taking done by the
government, only impose burden and restriction of rights.
c. Fernando vs St. Scholastica – Lowering of fences (to suppress criminal acts)
and 5 meter setback (for parking). Invalid exercise of police power. Must be
eminent domain since there is a taking of property by the government. 2 test
to determine police power: Rationale relationship test – to ascertain the
legitimacy of the governmental interest and if there is a more less intrusive
means; 2. Strict scrutiny test – compelling rather than substantial.
2. Eminent Domain - The power of eminent domain is the inherent right of the State to
take private property to public use upon payment of just compensation. The power of
the nation or the sovereign.
- Conditions for the exercise of the Power of Eminent Domain (TUCO)
1. Taking of private property;
2. For public Use;
3. Just Compensation; and
4. Observance of due process.
- Can be exercise by the congress or to whom it delegates. The difference are
Congress Delegates
1.Scope It can reach every form Depends on the enabling
of property which may law
be needed by the State
for public use. In fact, it
can reach even private
property already
dedicated to public use.
2.Question of necessity Political question Judicial question. (the
court to determine if
there is genuine
necessity to its exercise)
- Consequential damage vis-à-vis Consequential benefit
 Consequential damages are only awarded if as a result of the expropriation, the
remaining property of the owner suffers from an impairment or decrease in value.
(must present evidence however). If the remainder is as a result of the
expropriation placed in a better location the owner will enjoy consequential
benefits which should be deducted from the consequential damages
- GR: Forms of payment shall be in cash
EXP: In cases involving CARP, compensation may be in bonds or stocks, for it
has been held as a non-traditional exercise of the power of eminent domain.
- Inverse condemnation - has the objective to recover the value of property taken
in fact by the governmental defendant, even though no formal exercise of the
power of eminent domain has been attempted by the taking agency
- Known cases for Eminent Domain: (HUSMEAN)
1. Heirs of Juancho vs Reyes – Expropriate for tourist zone in Cebu. Public use
is now not just concentrated on the concept that it is for public use per se. For
as long as it behooves the concept of public welfare and meet the
requirements of General Welfare, it is for public use. Relate also to case of
Manosca vs CA in which the State expropriated a land as it is the birth place
of Felix Manalo.
2. US vs Causby – Just compensation even if there is no actual taking.
Deprivation of the enjoyment of property.
3. Sps Yasay vs CA – Expropriate the residence of spouses Yasay for
construction of low cost housing unit. Only issue Resolution rather than
Ordinance. Invalid exercise of eminent domain. The legislative is the one who
has the authority to exercise eminent domain. Resolution is a mere expression
of intent by the Local Chief executive. Ordinance is enacted by the legislative
body of the LGU’s
4. NIA vs Rural Bank – Expropriated the property for construction of irrigation
canals. The complainant wanted just compensation on the excavated soil.
Cannot be upheld. Just compensation must be invoked only to what is actually
loss at the time of taking. There is no legal basis to separate the value of the
excavated soil from that of the expropriated properties.
5. Mactan vs Lozada – Transfer of Lahuag to Mactan Airport. If the purpose of
the eminent domain is not pursued or initiated, the owner may seek for the
recovery of the property subject for the reimbursement of what is received as
a just compensation.
6. EPZA vs Dulay – A law cannot determine amount for just compensation. Just
compensation shall always be subject to determination of the court (initial
determination made by landbank)
7. Ansaldo vs Tantuico – Although there is already a taking of the property by
the government, the owner only instituted complaint after 40 years. As a
general rule, the value for giving just compensation must be determined at the
time a complaint has been lodged but the court can take exceptions. The court
upheld that it should be from the time of taking.
o Compare to the case of Republic vs Castellvi, in this case, the
government entered into the property momentarily by virtue of lease
agreement. In this case, since the enter is momentarily and not in
permanent sense, the value of compensation shall be at the time of the
institution of the complaint for eminent domain.
3. Taxation - It is the process by which the government, through its legislative branch,
imposes and collects revenues to defray the necessary expenses of the government,
and to be able to carry out, in particular, any and all projects that are supposed to be
for the common good. (better discuss in my reviewer for taxation)

(NRPLLL-
SECTION 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws. (These section talks
about two things, due process and equal protection clause)
1/ Due Process - The due process clause is a guaranty against any kind of abuse and
arbitrariness, by anyone in any of the branches of government. Due process is observed for as
long as there is notice and hearing. Due process can either be substantive or procedural.
 Procedural due process vis-à-vis Substantive Due Process
1. Substantive due process - It requires the intrinsic validity of the law in interfering
with the rights of the person to his life, liberty, or property. Publication of laws is part
of substantive due process. It is a rule of law that before a person may be bound by
law, he must be officially and specifically informed of its contents.
2. Procedural due process - Refers to the regular methods of procedure to be observed
before one’s life, liberty or property can be taken away from him. Simply stated, it
means that the procedure to be observed must be fair. This includes not only courts of
justice but also any and all administrative boards, bodies or tribunals.
- The fundamental elements of procedural due process
1. Notice (to be meaningful, must be as to time and place);
2. Opportunity to be heard; and
3. Court/tribunal must have jurisdiction.
 Due process is satisfied when the parties are afforded a fair and reasonable opportunity to
explain their respective sides of the controversy. Thus, when the party seeking due
process was in fact given several opportunities to be heard and air his side, but it is by his
own fault or choice he squanders these chances, then his cry for due process must fail.
 Void for vagueness doctrine - A law is vague when it lacks comprehensive standards that
men of common intelligence must necessarily guess at its common meaning and differ as
to its application. In such instance, the statute is repugnant to the Constitution because: It
violates due process and it leaves law enforcers an unbridled discretion in carrying out its
provisions.
 Administrative due process: (HTDERAB)
[1] The right to a hearing, which includes the right to present one’s case and submit
evidence in support thereof;
[2] The tribunal must consider the evidence presented;
[3] The decision must have something to support itself;
[4] The evidence must be substantial;
[5] The decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties;
[6] The tribunal or any of its judges must act on its or his own independent consideration
of the facts and the law of the controversy, and not simply accept the views of a
subordinate in arriving at a decision; and
[7] The board or body should, in all controversial questions, render its decision in such a
manner that the parties to the proceeding will know the various issues involved, and the
reasons for the decision
 Cases for Due process (WELKPANJ)
1. Estrada vs Sandiganbayan - The Supreme Court held that the doctrine can only be
invoked against that species of legislation that is utterly vague on its face, i.e., that
which cannot be clarified either by a saving clause or by construction. In this case, a
facial challenged was made onthe plunder law. The court in this case ruled that
although facial challenge is applicable in case a law is void or overbreadth, they
cannot be made applicable to penal statutes, only to statutes affecting free speech.
2. Knights of Rizal vs DMCI – Order to stop construction of the Torre de manila as it
destroys the beauty of Rizal Monument (Photo bomber). Torre De Manila already
complied to all governmental requirements and to stop it by reason of purported
nuisance would be tantamount to substantive violation of due process (there is taking
of property)
3. Lagon vs Velasco – Wanted to submit his judicial affidavit of his witness instead
after the complainant adduced evidence. No violation of due process. Judicial
Affidavit Rule has long been used by the court to facilitate expediency of the trial.
4. Webb vs De Leon – Rape of Laude. Contention of prejudicial publicity during
preliminary investigation. To warrant prejudicial publicity, there must be proved that
the judge has been unduly influenced.
 5. Philcomsat vs Alcuaz – NTC rate fixing. The application of a policy like the fixing
of rates as exercised by administrative bodies is quasi-judicial rather than quasi-
legislative: that where the function of the administrative agency is legislative, notice
and hearing are not required, but desirable. But where an order applies to a named
person, as in the instant case, the function involved is adjudicatory and notice and
hearing is mandatory.
6. Alcuaz vs PSBA – Denied admission on the second semester because they
participated in protest. Schools and student are subject to contract agreement, no
violation of due process.
7. Non – Sancho vs Dames – Although subjected to contract stipulation, it is imbued
with public interest.
8. Jardeleza vs Serreno - The Court does not brush aside the unique and special nature
of JBC proceedings. Notwithstanding being “a class of its own,” the right to be heard
and to explain one’s self is availing in fact, it enriches its discretion.
2/ Equal Protection Clause - All persons or things similarly situated should be treated alike,
both as to rights conferred and responsibilities imposed.
 Requisites for valid classification (SALG):
1. Rest on substantial distinctions;
2. Be germane to the purpose of the law;
3. Not be limited to existing conditions only; and
4. Apply equally to all members of the same class
 Tests in determining compliance with the equal protection clause:
1/ Rational Basis Test - it merely demands that the classification in the statute
reasonably relates to the legislative purpose
2/ Strict scrutiny test - This refers to the standard for determining the quality and the
amount of governmental interest brought to justify the regulation of fundamental
freedoms. Usually applicable to test the validity of laws dealing with the regulation of
speech, gender, or race as well as other fundamental rights
 Cases for Equal protection (BPNT)
1. Biraogo vs Philippine Truth Commission – Its duty is to only conduct investigation
to previous administration. Violation of Equal protection Clause which states that all
persons or things similarly situated should be treated alike
2. Phil Association of Service Exporters vs Drilon – Temporary of deployment of
woman domestic workers. Not violation of equal protection clause. Although in
deployment ban in reference only to woman, the law is germane to its purpose since
there is data as to abuse to woman rights abroad, particularly, being a domestic
servant.
3. Nunez vs. Sandiganbayan – Creation of Sandiganbayan unconstitutional. Violation
of equal protection and due process clause because of the limited appeal. Substantial
distinction because public official and employees need to manifest public
accountability.
4. Telebap and GMA v Comelec – Free air time to COMELEC regarding election.
Question equal protection since in PPI vs COMELEC, the court allowed the defnse of
eminent domain in not allowing portion of their pages for COMELEC. Valid since
there substantial characteristic between broadcast media and print media

SECTION 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized. . (These section
talks about two things,arrest and search and seizure)
1/ Arrest - It is the taking of a person into custody in order that he or she may be bound to
answer for the commission of an offense.
 GR: There shall always be a valid warrant of arrest issued by the court to detained a
person
 EXP: Warrantless arrest:
a. When the person to be arrested has committed, is actually committing, or is about to
commit an offense in his presence; (in flagrante delicto)
- Two requisites
1. An overt act that the accused has just committed the offense
2. It is done in the presence of the arresting officer or private person
b. When an offense has in fact been committed, and he has reasonable ground to believe
that the person to be arrested has committed it; (hot pursuit)
- Two requisites
1. Offense has just been committed
2. The person making the arrest has personal knowledge of facts (supported
by strong evidence or actual facts) indicating that the person to be arrested
committed the crime. Immediacy is the essence of this authority
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or has escaped while being transferred from one confinement to
another. (Fugitive)
d. Continuing offense in relation to Umil vs Ramos - A peace officer can validly
conduct a warrantless arrest in crimes of rebellion, subversion, conspiracy or proposal
to commit such crimes
 An application for or admission to bail shall not bar the accused from challenging the
validity of his arrest or the legality of the warrant issued therefore, or from assailing the
regularity or questioning the absence of a preliminary investigation of the charge against
him, provided that he raises them before entering his plea.
 There is an administrative arrest when there is an arrest as an incident to a deportation
proceeding. The following aliens shall be arrested upon the warrant of the Commissioner
of Immigration or of any other officer designated by him for the purpose and deported
upon the warrant of the Commissioner of Immigration after a determination by the Board
of Commissioners of the existence of the ground for deportation. Bail is also applicable
(relate to Govt. of Hongkong vs Olalia)
 Cases for Arrest (RRC)
1. People vs Racho – Validity of Warrantless arrest cannot be impugned anymore for it
was only raised in SC. However, a waiver of an illegal, warrantless arrest does not
carry with it a waiver of the inadmissibility of evidence seized during an illegal
warrantless arrest.
2. Reyes vs People – 2 teenagers report to police that a woman had shabu. No personal
knowledge of the crime. Only relied to the tip given by the passing teenager.
3. People vs Cubcubin – Information from alleged witnesses is not personal
knowledge. Thus, the arrest of a person based merely on information obtained from
other person was not sufficient enough to justify personal knowledge therefore, illegal
arrest.
2/ Search and Seizure - No search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
 General warrants - Warrants of broad and general characterization or sweeping
descriptions which will authorize police officers to undertake a fishing expedition to seize
and confiscate any and all kinds of evidence or articles relating to an offense.
 Properties subject to seizure (PSP)
1. Property subject of the offense;
2. Stolen or embezzled property and other proceeds or fruits of the offense; or
3. Property used or intended to be used as means for the commission of an offense.
 Probable cause. It requires facts and circumstances that would lead a reasonably prudent
man to believe that an offense has been committed and that the objects sought in
connection with that offense are in the place to be searched
 Warrantless Search (MPSS)
1. Moving Vehicles:
 a. Checkpoint - necessitated by the “interest of public safety.” However, the SC
clarified in multiple case that search shall only be visual search. Probable cause to
conduct a search is not required, unless otherwise, extensive and intrusive search
will be made (People vs Sapla clarified that extensive and intrusive search cannot
be made if the basis is hearsay)
b. General stop - Search on moving vehicles, does not require a warrant since
expediency is the key because of the mobility that the vehicles can provide, as it
can move from one locality to the other (usually made in case of hot pursuit). In
this scenario, probable cause is essential to validate the search.
2. Search incidental to a valid arrest – For as long as the arrest was considered valid,
any search thereof, if the item seized was used to commit a crime or possession
thereof is a crime, the search is valid.
- In the case of Luz vs People, the court clarified that if the person was arrested
due to a traffic violation and subsequently, a warrantless search was made, the
warrantless search is not valid since at the onset, there is no arrest as the
penalty for traffic violation is merely citation of ticket. Arrest shall always
entail that there is deprivation of liberty. Under the Rules of Court, a warrant of
arrest need not be issued if the information or charge was filed for an offense
penalized by a fine only. It may be stated as a corollary that neither can a
warrantless arrest be made for such an offense.
- Usually, if a person consented to a search, then the defect of the invalid search
will be cure. However, it must always be noted that the consent be intelligent,
unequivocal, and free from duress or coercion, otherwise, even if consent be
given, the search is not valid.
3. Plain view doctrine – An officer, who has the right to be in that position to have that
view, if the item found was believe to be an illegal item or item used for committing
an offense, can seized such item without a warrant. However, it must be emphasized
that the item was found inadvertently, not intentionally and that the item is patently
illegal.
4. Stop and frisk search – A search usually made in the outer clothing of a person.
However, for it to be validly invoke, there must be a GENUINE REASON to warrant
the belief that the person has a weapon concealed.
 Cases for warrantless search (POP)
1. PICOP vs Asuncion – Applied for search warrant as there are high powered fire arm
in the compound. Invalid since the place to be search and seized was not identify with
particularity. PICOP compound has 200 offices and building. The search was
therefore left within the discretion of the police officers.
2. People vs Omaweng – Found in possession of marijuana upon checkpoint. He
voluntarily consented on the search of his bag.
3. People vs Pastrana and Abad – Foreign Scheme search warrant. Invalid search
warrant as it behooves two distinct offenses. Search warrant may be used only for one
specific offense
SECTION 3. (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise as
prescribed by law. (2) Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.
 Reasonable expectation of privacy test - This test determines whether a person has a
reasonable expectation of privacy and whether the expectation has been violated:
1. Whether, by his conduct, the individual has exhibited an expectation of privacy;
and
2. This expectation is one that society recognizes as reasonable.
- Customs, community norms, and practices may, therefore, limit or extend an
individual’s “reasonable expectation of privacy.” Hence, the reasonableness
of a person’s expectation of privacy must be determined on a case-to-case
basis
  Anti-Wire Tapping law - A special law prohibiting and penalizing secret recording of
conversations either through wire- tapping or tape recorders. It provides penalties for
specific violations of private communication.
 Public safety and order requires mean - A limited intrusion into a person's privacy has
long been regarded as permissible where that person is a public figure and the
information sought to be elicited from him or to be published about him constitute of a
public character.
 Cases for Privileged communication and correspondence: (VONA)
1. Ople vs Torre - The lack of proper safeguards in this regard of A.O 308 may enable
unscrupulous persons to access confidential information it may pave the way for
“fishing expeditions” by government authorities and evade the right against
unreasonable searches and seizures. (Sim card registration act already valid as it
already address the concerns under the case of Ople which is the lack of proper
safeguards on the data base.\
2. Vivares vs St. Theresa College – Facebook post that are public in nature is not
covered by privacy protection
3. Alejano vs Cabuay – Letters for prisoners maybe inspected since there is diminished
expectation of rights. But confidential letters may only be inspected, not read.
4. Navarro vs CA – Evidence is a video recording of heated argument between accused
and deceased. RA4200 talks about prohibition on recording private communication
not recording of exchange in public

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
A1 – Freedom of Speech and Expression
 Our legal system for one underlined the restrictions on freedom of speech when it
conflicts with other rights and protections, such as in the cases of libel, slander,
pornography, obscenity, fighting words, threats and intellectual property. These
exceptions are called the unprotected speech while any other speech which is a valid
expression and not in violation of law are called protected speech.
 Prior Restraint - Refers to the official government restrictions on the press or other
forms of expression in advance of actual publication or dissemination. However, prior
restraint shall only be limited don the following: (PFAD)
1. Pornography
2. False or Misleading Advertisement;
3. Advocacy of Imminent Lawless Actions; and
4. Danger to National Security
 Content Based vs Content neutral regulation
1/ Content Based - The restriction is based on the subject matter of the utterance or
speech. The treatment of content-based restraint will be subject to strict scrutiny, and will
only be allowed in case of clear and present danger (substantive threat) but the
presumption will always be that the restraint is unconstitutional
2/ Content Neutral - Merely concerned with the incidents of the speech, or one that
merely controls the time, place or manner of the speech. No presumption of
unconstitutionality of the restraint. Intermediate approach test instead of clear and present
danger, meaning, a rationale that the prior restraint was made to advance State’s interest.
 Doctrine of Fair Comment:
GR: Every discreditable public imputation is false because every man is presumed
innocent, therefore, it is presumed to be malicious.
EXP: When the discreditable imputation is directed against a public person in his public
capacity, not necessarily malicious and therefore, not actionable. However, if the
imutation appears to be false and intention to dishonor a person, it becomes actionable.
 Cases for Freedom of Speech and Expression: (DUSDCC)
1. Disni vs Secretary of Justice – Validity of the Cybercrime prevention act:
a. Commercial speech – The government cannot prohibit the sending of unsolicited
advertisements or (“spams”) since they are legitimate forms of expression.
 b. The term “aiding” and “abetting” held to be unconstitutional due to its
overbreadth and vagueness. It creates such chilling effect to the point that it
already restraint a person to express themselves in the cyberspace.
2. US vs Bustos – A public officer must not be too thin-skinned with reference to
comment upon his official acts
3. SWS vs Comelec – Prohibited publishing of election survey 15 days before election.
Violation of freedom of expression. Presumption of invalidity if seeks to suppress
free speech
4. Diocese of Bacolod vs Comelec – A church posted a tarpaulin with rhetoric remarks
against those who are in favor of RH Law. Not within the constitutional power of
COMELEC to remove the tarpaulin since it is not a electoral paraphernalia but rather
expression of advocacies which is protected speech.
5. Chavez vs Gonzales – NTC warns that airing of “Hello Garci Tape” by the media
will be in violation of the Anti-Wire Tapping Law. The warning is a prior restraint on
content based expression and no establishment of clear and present danger made
therefore, unconstitutional.
6. Calleja v. Executive Secretary – Consitutionality of Anti-Terrorism Act. Section 4
is valid. Cannot be facially challenged as It regulates conduct, not free speech. Facial
challenge based on void for vagueness and over breadth applicable only if the law
affects free speech.
A2 – Freedom of Assembly
 GR: A written permit shall be required for any person or persons to organize and hold a
public assembly in a public place. (BP 880)
EXP: No permit shall be required if the public assembly shall be done or made in a
freedom park duly established by law or ordinance or in private property.
 Cases for Freedom of Assembly
1. Reyes vs Bagatsing – Permit denied to rally in Luneta. Public places must be of free
access. Absence of any clear and present danger of a substantive evil to not allow
freedom of assembly (ground for non-issuance of permit) is suppression.
2. Acosta vs CA – Government employees not allowed to strike. Valid. There is no
management in public service.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting

the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.
3. Also known as the “non-establishment clause. The non-establishment clause means
that the state should adopt a “position of neutrality” when it comes to religious
matters (no preference of religion when it comes to governmental act). The non-
establishment clause bars the State from establishing, through laws and rules, moral
standards according to a specific religion.
4. Accommodation - In order to give life to the constitutional right of freedom of
religion, the State adopts a policy of accommodation. Accommodation is a
recognition of the reality that some governmental measures may not be imposed on a
certain portion of the population for the reason that these measures are contrary to
their religious beliefs.
5. Compelling State interest - Used to determine if the interests of the State are
compelling enough to justify infringement of religious freedom. It involves the
following three step process:
a. If the statute or government action created such burden on the free exercise of
religion
b. Is there a sufficiently compelling state interest to justify this infringement
c. Has the State in achieving its legitimate purposes used the least intrusive means
possible so that the free exercise is not infringed
 Cases for Freedom of Religion: ILE
 1. Islamic Da Wah vs Executive Secretary – Halal certification unconstitutional as
classification of food in halal is religious function. Infringement of free exercise
clause.
2. Ang Ladlad vs COMELEC – Not allowing LGBT to be registered as partylist based
on moral grounds of bible and Koran. Unconstitutional as it violates the non-
establishment clause.
3. Ebralinag vs Division Superintendent – Did not salute the flag as it is contrary to
religious belief. Violation of non-establishment clause. Patrimony can also be
manifested in any other manner.
SECTION 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety, or public health,
as may be provided by law.
 Liberty of abode - It is the right of a person to have his home or to maintain or change
his home, dwelling, residence or habitation in whatever place he has chosen, within the
limits prescribed by law. The liberty of abode may be impaired only:
a. Upon lawful order of the court and; and
b. Within the limits prescribed by law.
 The right to travel can only be impaired:
a. Interest of national security;
b. Public safety; and
c. Public health.
 Cases under right to travel and liberty of abode
1. Marcos vs Manglapus - The right to return to one's country is not among the rights
specifically guaranteed in the Bill of Rights, which treats only of the liberty of abode
and the right to travel, but it is our well-considered view that the right to return may
be considered, as a generally accepted principle of international law
2. Arroyo vs De Lima – Issuance of WLO (Watchlist Order) and HDO (Hold
Departure Order) by the DOJ against PGMA through circular. DOJ is not authorized
to issue WLOs and HDOs to restrict the constitutional right to travel.
SECTION 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.
 Right to Information - The purpose is to promote transparency in policy-making and in
the operations of the government which, must be in relation to matters of public concerns.
However, the right only affords access to records, documents and papers, which means
the opportunity to inspect and copy them at his expense.
 However, the right does not include (the limitation provided under the last paragraph):
(MITO-DAI)
a. Information affecting national security, military and diplomatic secrets.
b. Matters relating to investigation, apprehension, and detention of criminals
c. Trade and industrial secrets and other banking transactions as protected by the
Intellectual Property Code and the Secrecy of Bank Deposits Act;
d. Other confidential information falling under the scope of the Ethical Safety Act
concerning classified information
 Government contract negotiation - Information, however, on on-going evaluation or
review of bids or proposals being undertaken by the bidding or review committee is not
immediately accessible under the right to information. While the evaluation or review is
still on-going, there are no "official acts, transactions, or decisions" on the bids or
proposals. However, once the committee makes its official recommendation, there arises
a "definite proposition" on the part of the government. From this moment, the public's
right to information attaches,
SECTION 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.
  The right to strike is NOT included in the right to form unions or freedom of assembly by
government employees. Their employment is governed by law. The claim that the right to
strike is part of the freedom of expression and the right to peacefully assemble and
petition the government for redress of grievances, and should thus, be recognized even in
the case of government employees, was rejected by the Supreme Court
SECTION 9. Private property shall not be taken for public use without just compensation.
SECTION 10. No law impairing the obligation of contracts shall be passed.
SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
SECTION 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to and rehabilitation of victims of torture or similar practices, and their
families.
 Miranda Rights – It is the right to remain silent and inform the accused of his crime and
reason for the arrest and his right to counsel. The “Miranda Rights” are available to avoid
involuntary extrajudicial confession.
 Custodial investigation - As soon as the investigation ceases to be a general inquiry and
becomes accusatory. In such instance, the accused can invoke his Miranda Rights and
any confession that may be obtained thereof cannot be used against the accused.
- Rights during custodial investigation apply only against testimonial
compulsion and not when the body of the accused is proposed to be
examined (e.g. urine sample, photographs, measurements, garments, shoes)
which is a purely mechanical act.
 Waiver – The right of Miranda rights can be waived but subject to following conditions:
Requisites for valid waiver
1. Made voluntarily, knowingly and intelligently;
2. In writing; and
3. With the presence of counsel
 Cases under right of Accused (LLJJG)
1. People vs Lugod – Confession to Vice Mayor cannot be used against him for it was
not attended by a competent counsel and was not informed of right to remain silent.
There is also no showing of waiver or if waive, it must be in writing with assistance
of counsel.
2. Jasalva vs People – Accused voluntarily came into police station and voluntarily
provide information. Information divulged was made voluntarily and spontaneously.
It was not elicited through questioning by a law enforcement officers, therefore can
be used against him. (different from when a person been invited, in this case the
accused voluntarily goes to police to confess)
3. Gamboa vs Cruz – Police line-up not custodial interrogation.
4. People vs Luvendino – Reenactment of commission of the crime inadmissible
5. People vs Judge Ayson – Did not accept as evidence confession of the crime made to
PAL. Confession before administrative interrogation valid. Only confession made
before law enforcement is considered as custodial investigation therefore, only among
such instance where Miranda Rights comes into play.
SECTION 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
 Bail is not granted to allow the accused from committing additional crimes. The purpose
of bail is to guarantee the appearance of the accused at the trial, or whenever so required
by the trial court. The amount of bail should be high enough to assure the presence of the
accused when so required, but it should be no higher than is reasonably calculated to
fulfill this purpose.
 Bail can either be As a Matter of Right or as a Matter of Discretion
1/ As a matter of right
a. before or after conviction of those offenses triable with inferiors courts.
b. before conviction of those cases triable with RTC and the offense not
punishable with death, life imprisonment, reclusion perpetua
2/ As a matter of discretion
a. After conviction of an offense triable with RTC in which, the punishment be not
death, reclusion perpetua, or life imprisonment.
- However, if the crime impose a penalty of imprisonment exceeding 6
years, the court may denied the petition to bail if any of the following be
present: (FERRP-EEV)
i. The accused is a recidivist, quasi recidivist, habitual
delinquent, or the crime aggravated by reiteracion
ii. The accused previously escaped from penal establishment,
evade sentence, or violate the conditions of his bail without
valid justification (EEV)
iii. The accused committed an offense while on probation, parole,
or conditional pardon
iv. Flight risk
v. Risk to commit another crime if bail be granted while the case
is still pending.
b. Regardless of the stage of the criminal prosecution, for as long as the
punishment be death, reclusion perpetua, or life imprisonment.
Note: Before shall mean even if no information yet has been filed before the court
for as long as under arrest, bail can be made
 Judges are required to conduct hearings on the motion to bail if the accused is being
charged with a capital offense for the purposes of determining whether the evidence of
guilt is strong in allowing bail. However, for bail as a matter of right, notice and conduct
of hearing is still essential but primarily, for the purpose of determining the amount of
bail.
 Cases for Bail
1. Govt of Hongkong vs Olalia – Govt of Hongkong want to extradite the respondent
for defrauding some of its citizens. Respondent apply for bail by reason of the
extradition request and was granted. Right to bail even in administrative case
(extradition particularly) must be upheld in the light of the various treaty obligations
of the Philippines concerning respect for the promotion and protection of human
rights. The potential extraditee must prove by “clear and convincing evidence” that he
is not a flight risk
2. Lavides vs CA – The condition was to enter first for arraignment before bail be
granted unconstitutional.
SECTION 14. (1) No person shall be held to answer for a criminal offense without due
process of law. (2) (PEISMC)In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
  Presumption of Innocence – The presumption of innocence can only be overcome by
proof beyond reasonable doubt. However, the presumption is only applicable in criminal
prosecution and can only be invoked by natural person, not juridical entity.
- Equipose rule - When the evidence of both sides is equally balanced, the
constitutional presumption of innocence should tilt the scales in favor of the
accused
- Variance doctrine - In spite of the difference between the crime that was
charged and that which was eventually proved, the accused may still be
convicted of whatever offense that was proved provided it is necessarily
included in the crime charged
 Speedy trial - The denial of the right to speedy trial is a ground for acquittal (Double
jeopardy attached). Deemed violated only when the proceedings are attended by
vexatious, capricious, and oppressive delays. Must be distinguish to speedy disposition of
case since right to speedy trial applies to criminal case while right to speedy disposition
of cases applies to all cases whether before judicial, quasi-judicial, or administrative
bodies.
 Presence of accused - The presence of the accused is mandatory in the following
instances
1. During arraignment and plea; (no exception)
2. During trial
- The accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence is specifically ordered by the
court for purposes of identification
3. During promulgation of sentence, unless for a light offense (Ibid.).
SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.
SECTION 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a witness against himself.
 Such privilege is made to apply only on testimonial compulsion. It cannot be made to
apply on purely mechanical act because it is a requirement that application of intelligence
and attention.
 Incriminating question - The privilege against self-incrimination is not self-executing or
automatically operational. It must be claimed. It follows that the right may be waived,
expressly, or impliedly, as by a failure to claim it at the appropriate time. The privilege
against self-incrimination can be claimed only when the specific question, incriminatory
in character, is actually addressed to the witness. It cannot be claimed at any other time.
 Right against self-incrimination of an accused vs. Right against self-incrimination of
a witness
1. Right against self-incrimination of an accused - Can refuse to take the witness
stand altogether by invoking the right against self-incrimination
2. Right against self-incrimination of a witness - Cannot refuse to take the witness
stand; can only refuse to answer specific questions which would incriminate him in
the commission of an offense.
 Ex. Of mechanical act (HOPU)
a. Putting on a clothes or shoes (People vs Otadora)
b. DNA Samples (Herera vs Alba)
c. Getting a substance on a body (US vs Tan Teh) about genorrhea
d. Parrafin test
e. Re-enactment (intelligent act)
f. Writing (intelligent act)
 Immunity from prosecution of a state witnesses:
1. Transactional Immunity = Absolute protection in the prosecution of the crime in
relation to testimony provided.
2. Use or derivative immunity = Protection on admitting as evidence testimony
confessed. But the State however can still pursue to implicate him on the crime if
other evidence appears other than the testimony given.
SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for
a crime whereof the party shall have been duly convicted.
 GR: No involuntary servitude shall exist
EXP: (PNRCMP)
1. Punishment for a crime for which the party has been duly convicted;
2. Personal military or civil service in the interest of national defense;
3. In naval enlistment, a person who enlists in a merchant ship may be compelled to
remain in service until the end of a voyage;
4. The conscription of able-bodied men for the apprehension of criminals;
5. Return to work order issued by the DOLE Secretary or the President;
6. Minors under patria potestas are obliged to obey their parents.
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua. (2) The employment of physical,
psychological, or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt with
by law.
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.
SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
 Tw kinds of Jeopardy
1. Double jeopardy for the same offense;
2. Double jeopardy for the same act (if the act is punishable by a law or ordinance at the
same time)
 Requisites of Double Jeopardy (VAJAD)
1. A valid complaint or information (defect not included)
2. Accused entered into arraignment and there is a valid plea (improvident plea will
not be considered as double jeopardy)
3. Jurisdiction of the court (if the judge acted with grave abused of discretion, not
double jeopardy)
4. Defendant has been convicted, acquitted, of the offense charged or the case was
dismissed without his express consent.
 Effects of double jeopardy will constitute as a bar to another prosecution for the offense
charged, or for any attempt to commit the same frustration thereof, or for any offense
which necessarily includes or is necessarily included in the offense charged except:
(GFP)
a. The graver offense developed due to supervening facts arising from the same acts
or omission
b. The facts constituting the graver offense become known only after plea has been
entered
c. Plea of guilty to a lesser offense
- No double jeopardy if there is a variance between the elements of the two
offense charged although the same act (a criminal act can result to two or
more offense). What is forbidden is the prosecution of same offense.
Example;
1. Illegal recruitment and estafa
2. BP 22 and estafa
3. Direct bribery and violation of RA 3019
- Double jeopardy also attach to:
1. Insufficiency of evidence (demurrer)
2. Violation of right to speedy trial
 Double jeopardy does not affect the right of the offended party to appeal the civil aspect
of the case. However, it shall now be the obligation of private prosecutor, not the public
 prosecutor to pursue the civil aspect of the criminal case as his duty already ends when
the accused was acquit.
 Cases in double jeopardy: (DIEO)
1. Ivler vs San Pedro – Ivler already convicted for a crime of Reckless Imprudence
Resulting in Slight Physical Injury, cannot anymore be prosecuted for Reckless
Imprudence Resulting in Homicide and Damage to Property as it violates right to
double jeopardy. Quasi-offense penalize the negligent or careless act, not the result
thereof. The gravity of the consequence is only taken into account to determine the
penalty but does not qualify as substance of offense.
2. People vs Espinosa - charged before Sandiganbayan but prior to arraignment,
requested to travel. The court allowed it on the condition that he enter his plea first.
Subsequently, the Ombudsman withdraw the information ex parte. Re-filing will
constitute double jeopardy since the case was dismissed without express consent
unless the plea is subject to condition or waiver of such right to invoke double
jeopardy in relation to Braza vs Sandiganbayan
3. Disni vs Secretary of Justice – If the material said to be libelous is posted online,
if already charged with libel and was convicted of it, cannot anymore be
prosecuted for cyber libel.
4. People vs Obsania – Dismissal was because of failure to put lewd design in the
complaint. Infirmity on valid complaint, double jeopardy would not attach
SECTION 22. No ex post facto law or bill of attainder shall be enacted.
 Ex post facto law - a law that acts retroactively or after the fact to criminalise an act that
was legal at the time it was committed.
- It can be a law that: (MACADA)
1. Makes an act, which was innocent when done, criminal and punishes such
action;
2. Aggravates a crime or makes it greater than when it was committed;
3. Changes the punishment and inflicts a greater punishment than the law annexed
to the crime when it was committed;
4. Alters the legal rules of evidence and receives less or different testimony than
the law required at the time of the commission of the offense in order to convict
the defendant;
5. Assumes to regulate civil rights and remedies only. In effect imposes penalty or
deprivation of a right for something which when done was lawful; and
6. Deprives a person accused of a crime of some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty
 Bill of Attainder - It is a legislative act that inflicts punishment without trial

ARTICLE IV

Citizenship

SECTION 1. The following are citizens of the Philippines: (AFBN)

(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be
deemed natural-born citizens.
SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by
law.
SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship,
unless by their act or omission they are deemed, under the law, to have renounced it.
SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law.
 Citizenship vs Nationality
1. Citizenship - It pertains to a membership in a political community, which is personal.
Requires a person to fulfil the legal formalities to become a recognized member of the
state. A person can have multiple citizenship
2. Nationality - As the name suggests, is something in connection with the nation, which
a person obtains by birth and is innate.
 Acquisition of Nationality can either be:
1. Birth – Jus soli (to where he is born) or Jus sanguinis (nationality by parents)
2. Naturalization – Acquires nationality by operation of law.
Note: In the Philippines, we follow Jus sanguinis

ARTICLE V

Suffrage (QRFCECE)

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in
the Philippines for at least one year and in the place wherein they propose to vote for at
least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of
the ballot as well as a system for absentee voting by qualified Filipinos abroad. The
Congress shall also design a procedure for the disabled and the illiterates to vote without
the assistance of other persons. Until then, they shall be allowed to vote under existing laws
and such rules as the Commission on Elections may promulgate to protect the secrecy of
the ballot.
 Suffrage - Suffrage is the right and obligation of qualified citizens to vote in the election
of certain local and national officers and in the determination of questions submitted to
the people. The following are the scope of suffrage:
1. Plebiscite –The electoral process by which an initiative on the Constitution is
approved or rejected by the people.
2. Initiative - The power of the people to propose amendments to the Constitution or
to propose and enact legislations through election called for the purpose
3. Referendum –The power of the electorate to approve or reject a piece of
legislation through an election called for the purpose.
4. Recall –The mode of removal of an elective public officer by the people before the
end of his term of office.
 Election - Election is the means by which people choose their officials for a definite and
fixed period, the means of choosing who will represent their political ideologies. There
are two kinds of election:
a. Regular election – It is an election participated in by those who possess the right
of suffrage, not otherwise disqualified by law, and is registered voters.
b. Special election –It is held when there is failure of election on the scheduled date
of regular election

 Qualification of Voters
As provided for under Article 5, Section 1 of the 1987 Constitution, the following are the
qualifications for a Filipino to become a voter: (CARO)
1. Filipino citizenship;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of the place where he proposes to vote for at least six months immediately
preceding the election; and
 5. Not otherwise disqualified by law.
- The congress cannot impose additional qualifications for it will be in express
violation of the Constitution. The congress can however regulate some procedural
requirements and for any possible disqualification. However, such procedural
requirement or disqualification shall not be tantamount to qualifications to vote.
- In election cases, the Court treats domicile and residence as synonymous terms.
Any person, who transfers residence solely by reason of his occupation,
profession or employment in private or public service, education, etc., shall not be
deemed to have lost his original residence
- Disqualifications for the exercise of suffrage (SIC-DVF)
1. Sentenced by final judgment to suffer imprisonment for not less than one
year, unless granted a plenary pardon or granted amnesty;
2. Conviction by final judgment of any of the following:
a. Crime involving disloyalty to the government;
b. Violation against national security; or
c. Firearms laws
3. Insanity or incompetence as declared by competent authority
- However, please note that in the case of Macalintal vs COMELEC, the court
allowed the provision of the law which provides for qualification residency for
absentee voting abroad. The reason of the SC is that Filipinos abroad and
Filipinos residing in the Philippines shall be treated differently as the rule on
residency will be hard to observe on the latter. The qualifications of voters as
stated in Section 1 shall remain except for the residency requirement. It is
therefore concluded that exception to the rule on Section 1 is Section 2 thereof
on absentee voting abroad.
 Registration of Voters - Registration is the act of accomplishing and filing a sworn
application for registration by a qualified voter before the election officer of the city or
municipality wherein he resides.
- Double-registrant - It pertains to any person who, being a registered voter,
registers anew without filing an application for cancellation of his previous
registration. Double registrants are still qualified to vote provided that
COMELEC has to make a determination on which registration is valid, and
which is void.
- Continuing Registration - It is a system where the application of registration of
voters shall be conducted daily in the office hours of the election officer during
regular office hours. However, no registration shall be conducted during the
period starting 120 days before a regular election and 90 days before a special
election.
 Filing of Certificate of Candidacy (CoC) - The certificate of candidacy shall be filed by
the candidate personally or by his duly authorized representative at any day from the
commencement of the election period (as determined by COMELEC) but not later than
the day before the beginning of the campaign period.
- Filing CoC on the tenure of incumbency
1. As to appointive official – He/she is considered ipso facto RESIGNED from
his office upon the filing of his CoC. and such resignation is irrevocable .
2. As to elective official – It has no effect. The candidate shall continue to hold
office, whether he is running for the same or a different position.
- Substitution of Candidates - An official candidate of a duly registered political
party or coalition who dies, withdraws, or is disqualified for any cause after the
last day for the filing of CoCs may be substituted by a candidate belonging to, and
nominated by, the same political party or coalition. The deceased, disqualified or
withdrawn candidate must however have duly filed a valid CoC. No substitute
shall be allowed for any independent candidate.
- Nuisance Candidates – (MCOC) a nuisance candidate is one who filed
certificate of candidacy to put the election process in mockery, cause confusion
among the voters, or by other circumstances or acts which clearly demonstrate
that the candidate has no bona fide intention to run for the office. The COMELEC
may motu proprio or upon verified petition refuse to give due course to or cancel
a certificate of candidacy if shown that it was filed to:
1. Put the election process in mockery or disrepute;
 2. Cause confusion among the voters by the similarity of the names of the
registered candidates; or
3. Clearly demonstrate that the candidate has no bona fide intention to run for
the office for which the CoC has been filed and thus prevent a faithful
determination of the true will of the electorate
o However, although the COMELEC may moto proprio declared a
candidate as nuisance candidiate, the COMELEC cannot do no without
providing the candidate his opportunity to be heard
 Cancellation of Certificate of Candidacy - Under Section 78 of the OEC, a false
representation of material fact in the COC is a ground for the denial or cancellation of the
COC. A verified petition seeking to deny due course or to cancel a CoC may be filed by
any person. However, for it to be considered as False representation, the declaration must
be:
c. The false representation pertains to material matter affecting substantive rights of a
candidate; and
d. The false representation must consist of deliberate attempt to mislead, misinform,
or hide a fact which would otherwise render a candidate ineligible
- The petition may be filed at any time not later than 25 days from the time
of the filing of the CoC and shall be decided, after due notice and hearing,
not later than 15 days before the election. Jurisdiction over a petition to
cancel a certificate of candidacy lies with the COMELEC in division, not
with the COMELEC en banc. (COMELEC may sit enbanc or in division of
two, compose of 1 chairman and 6 commissioners)
- Gunsi vs COMELEC - Private respondent filed a petition for the denial of
due course to or cancellation of the certificate of candidacy (COC) due to
unsigned application for registration. . Non-compliance with the three (3)
specimen signatures as required by Voters Registration Act shall result in
one not being a registered voter and the subsequent cancelling of a
certificate of candidacy if filled.
 Effect of Disqualification - The candidate who has been declared by final judgment to
be disqualified shall not be voted for, and the votes cast for him shall not be counted. The
candidate for the same position who garnered the next highest vote shall be proclaimed as
the winner.
- Maquiling vs COMELEC - Although a candidate was able to reacquired his
Filipino Citizenship, his continuous use of a foreign passport repudiated such
renunciation of oath. Qualifications for public office are continuing requirements
and must be possessed not only at the time of appointment or election or
assumption of office but during the officer's entire tenure. In addition, since the
disqualification is by reason of citizenship, it gives effect to a void COC therefore
it produces no effect. In such instance, the votes cast to that ineligible candidate is
also without effect and the second placer will be considered as the one who
obtained the highest number of vote and be elected. Rules on Succession does not
apply.
- Ejercito vs COMELEC - The rule on succession in LGC will apply since in this
case, the reason for the disqualification is because of election offense
(overspending). What occurred here after his disqualification is a permanent
vacancy in the position.
 Campaign Period
1. Presidential and Vice presidential election – 90 days before the day of the election;
2. Election of members of the Congress and local election – 45 days before the day of the
election;
3. Barangay Election – 15 days before the day of the election; and
4. Special election under Art. VIII, Sec. 5(2) of the Constitution – 45 days before the day
of the election.
- Premature campaign - Any election campaign or partisan political activity for or
against any candidate outside of the campaign period is prohibited and shall be
considered as an election offense. However, political parties may hold political
 conventions to nominate their official candidates within 30 days before the start of
the period for filing a certificate of candidacy
 Election Result through Automated Elections - On election day, voters feed their
ballot into the VCM, which then counts their votes respectively. When polls close on
election day, the VCMs transmit the vote counts – also known as election returns or ERs
– to the different servers and canvassing centers.
- Failure of Election – In case of Failure to elect and affect results of elections
because of force majeure, violence, terrorism, fraud, or other analogous causes,
The COMELEC en banc has the original and exclusive jurisdiction to hear and
decide petitions for declaration of failure of election or for annulment of election
results.
- Post Election Dispute
1. Election Protest - These are disputes which arise or are instituted after
proclamation of winning candidates and which issues pertain to the casting
and counting of votes. It can be filed by a losing candidate before:
a. COMELEC – It is the sole judge of all contests relating to elections,
returns, and qualifications of all elective regional, provincial and city
officials (reviewable by SC under Rule 64 using Rule 65
b. Presidential Electoral Tribunal –Against the President and Vice
President;
c. SET – Against a senator;
d. HRET –Against a representative;
e. RTC – Over contests for municipal officials which may be appealed to
COMELEC; and
f. MeTC or MTC – For barangay officials which may be appealed to
COMELEC.
2. Quo Warranto on Elective Officials - refers to an election contest relating to
the qualifications of an elective official on the ground of (1) ineligibility or (2)
disloyalty to the Republic of the Philippines. It can be filed by any voter for as
long as registered in the place where the winning candidate ran for office. It
Shall be filed before:
a. Quo warranto proceedings against a Congressman-elect, Senator-elect,
President-elect and VP-elect are brought before the appropriate electoral
tribunals created by the Constitution.
b. Quo warranto proceedings against any regional, provincial or city officials
are brought before the COMELEC.
c. Quo warranto proceedings against municipal officials and barangay
officials are brought before the RTCs and MTCs respectively.

ARTICLE VI

The Legislative Department (TELAP-NAVAR-VESIC-EQD-HACA)

SECTION 1. The legislative power shall be vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
 GR: through the Constitution, the people “delegated” the legislative power to the
Congress of the Philippines. the Congress cannot further delegate the power delegated to
it by the people.
EXP (TELAP) – the delegation must be done in a law
1. Delegation of tariff powers to President
2. Delegation of emergency powers to the president
3. Delegation to the people at large (initiative and referendum)
4. Delegation to local government
5. Delegation to administrative bodies
6. Delegation of constitution to LGU
 - Two tests determine the validity of delegation of legislative power: (1) the
completeness test and (2) the sufficient standard test. A law is complete when it
sets forth therein the policy to be executed in such a way that the person to whom
the power has been delegated has nothing else to do except to implement. It lays
down a sufficient standard when it provides adequate guidelines or limitations in
the law to map out the boundaries of the delegate’s authority and prevent the
delegation from running riot.
SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines, as may be provided by law.
 The Philippine Congress is bicameral in nature and compose of:
a. Senate – 24 Senators
b. House of Representative – Not more than 250 members unless
otherwise fixed by law (meaning can be more than 250 for as long
as the law provides)
SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the
Philippines, and, on the day of the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the Philippines for not less than two years
immediately preceding the day of the election.
SECTION 4. The term of office of the Senators shall be six years and shall commence,
unless otherwise provided by law, at noon on the thirtieth day of June next following their
election.
No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the
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 he was elected.
 Qualification of Senator: (NAVAR)
1. Natural-born citizen of the Philippines;
2. At least 35 years of age on the day of election;
3. Able to read and write;
4. A registered voter;
5. Resident of the Philippines for not less than 2 years immediately preceding the day of
election
 The term of office is six years and commence at noon of 30 th day of June following their
election unless otherwise provided by law. No Senator however is allowed to serve for
more than two consecutive term (can be two consecutive, but not more than two).
Voluntary renunciation of the 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 he was elected
(meaning only involuntary renunciation such as preventive suspension can interrupt the
prohibitory period)
SECTION 5. (1) The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall be elected through
a party-list system of registered national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or
each province, shall have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
 Apportionment of District Representative;
 1. Each city with a population of at least 250,000 shall have at least one representative.
Each province, irrespective of the number of inhabitants, shall have at least one
representative.
- Aquino Robredo v Comelec – PGMA passed a law to add another legislative
district to Camarines Sur. Petitioner contends that it violates the requirement of
250,000 inhabitant as the new legislative district will not be able to meet such
requirement. The SC held that the 250,000 is only applicable to city, not
province.
2. However, despite that fact that a city shall have at least one representative every
250,000 population or a province having at least one representative, the
apportionment shall always follow a UNIFORM and PROGRESSIVE RATIO
meaning, the apportionment depends on the number of inhabitants as time goes by, it
can be 300,000 to 1 or 200,000 to 1 depending on the number of inhabitants per
district.
3. Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts
- Tobias vs Abalos – A law was passed Converting Municipality of
Mandaluyong into highly urbanized city or City of Mandaluyong (previously,
Mandaluyong and San Juan are composed of only one municipality).
Reapportionment of legislative districts may be made through a special law,
not necessarily need for General Appropriation Law which was provided under
Section 5(par. 4 of of this Article)
- Bagabuyo vs COMELEC – If the Reapportionment does not result to
creation, alteration, merger, or abolishment of the boundaries of such province
or city, then there is no need for plebiscite. In this case, the issue is dividing
CDO city into two legislative district.
 Party-List System
- To make the marginalized and the underrepresented not merely passive recipients
of the State’s benevolence, but active participants in the mainstream of
representative democracy. Party-list representatives shall constitute 20% of the
total number of representatives in the HoR.
- Atong-Paglaum vs COMELEC – on parameters of party-list system:
1. Three different groups may participate in the party-list system: (1) national
parties or organizations, (2) regional parties or organizations, and (3) sectoral
parties or organizations.
2. National parties or organizations and regional parties or organizations do not
need to organize along sectoral lines and do not need to represent any
“marginalized and underrepresented” sector.
3. Political parties can participate in party-list elections provided they register
under the party-list system and do not field candidates in legislative district
elections. A political party, whether major or not, that fields candidates in
legislative district elections can participate in party-list elections only through
its sectoral wing that can separately register under the party-list system. The
sectoral wing is by itself an independent sectoral party, and is linked to a political
party through a coalition.
o However, In order to acquire juridical personality as a political party and
entitle it to rights and privileges granted to political parties, it must be
registered before COMELEC. The COMELEC may, motu proprio or upon
verified complaint and after due notice and hearing, cancel the registration
of a party, organization or coalition if it will advocate violence r unlawful
means to seek its goal or if it’s a party belonging to a religious sect
4. Sectoral parties or organizations may either be “marginalized and
underrepresented” or lacking in “well-defined political constituencies.” It is
enough that their principal advocacy pertains to the special interest and concerns
of their sector. The sectors that are “marginalized and underrepresented” include
labor, peasant, fisherfolk, urban poor, indigenous cultural communities,
handicapped, veterans, and overseas workers. The sectors that lack “well-defined
 political constituencies” include professionals, the elderly, women, and the youth.
(LIPHO)
5. A majority of the members of sectoral parties or organizations that represent
the “marginalized and underrepresented” must belong to the “marginalized and
underrepresented” sector they represent. Similarly, a majority of the members of
sectoral parties or organizations that lack “well-defined political constituencies”
must belong to the sector they represent. The nominees of national and regional
parties or organizations must be bona-fide members of such parties or
organizations.
6. National, regional, and sectoral parties or organizations shall not be disqualified
if some of their nominees are disqualified, provided that they have at least one
nominee who remains qualified.
- Guidelines in the allocation of seats for party-list representatives under Sec. 11 of
RA 7941: (RGP
1. The parties, organizations, and coalitions shall be ranked from the highest to
the lowest based on the number of votes they garnered during the elections.
2. The parties, organizations, and coalitions receiving at least 2% of the total votes
cast for the party-list system shall be entitled to one guaranteed seat each.
o In the case however of BANAT vs COMELEC, the court clarified that the
2% threshold shall only be applicable in so far as one guaranteed seat are
concerned but shall not be applicable in case of distribution of the
additional seats.
3. Those garnering sufficient number of votes, according to the ranking in
paragraph 1, shall be entitled to additional seats in proportion to their total number
of votes until all the additional seats are allocated.
4. Each party, organization, or coalition shall be entitled to not more than 3 seats.

SECTION 6. No person shall be a Member of the House of Representatives unless he is a

natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five
years of age, able to read and write, and, except the party-list representatives, a registered
voter in the district in which he shall be elected, and a resident thereof for a period of not
less than one year immediately preceding the day of the election.
SECTION 7. The Members of the House of Representatives shall be elected for a term of
three years which shall begin, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election. No member of the House of Representatives shall
serve for more than three consecutive terms. Voluntary renunciation of the 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 he was elected.
 Qualification of member of House of Representative:
1. Natural-born citizen of the Philippines;
2. At least 25 years of age on the day of election
3. Able to read and write;
4. Except the party-list representatives, a registered voter in the district in which he shall
be elected;
5. Resident thereof for a period of not less than 1 year immediately preceding the day of
the election
- Imelda Marcos vs COMELEC – declaration in the COC is that she is only
living in Leyte, which she opt to run as congressman, for 7 months below the one
year period threshold. The SC allows him to run. When Imelda married Ferdinand
Marcos in 1954, she kept her domicile of origin and merely gained a new home.
Tacloban Leyte is her domicile of origin by operation of law since its her parents
domicile and such cannot be lost by reason of marriage.
- Butch Aquino v Comelec – Butch Aquino filed a certificate of Candidacy in
Makati. Such application was question as he is not born in Makati and also he did
not met the minimum requirement for residency which must be at least one year.
The SC affirmed the petition. Butch Aquino, not only did he failed to established
domicile but also residency. As can be gleaned in his COC, the birth place is in
 Tarlac and even all the address used was still in Tarlac which signifies his lack of
intent to abandoned his abode. Also, he only rent an apartment in Makati stating
that the stay in Makati is temporary in nature.
 The term of office is three (3) years and commence at noon of 30 th day of June following
their election unless otherwise provided by law. No member of HOR however is allowed
to serve for more than three (3) consecutive. Voluntary renunciation of the 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 he was elected (meaning only involuntary renunciation such as
preventive suspension can interrupt the prohibitory period)
 Gerrymandering - Formation of one legislative district out of separate territories for the
purpose of favoring a candidate or a party. It is not allowed because the Constitution
provides that each district shall comprise, as far as practicable, contiguous, compact and
adjacent territory.
SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of May.
SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special
election may be called to fill such vacancy in the manner prescribed by law, but the Senator
or Member of the House of Representatives thus elected shall serve only for the unexpired
term.
SECTION 10. The salaries of Senators and Members of the House of Representatives shall
be determined by law. No increase in said compensation shall take effect until after the
expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.
SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee thereof.
 Legislative Privileges
1/ Immunity from Arrest - Grants the legislators the privilege from arrest while
Congress is “in session” with respect to offenses punishable by NOT more than 6 years
of imprisonment
2/ Privilege of speech - No member shall be questioned or held liable in any forum other
than his respective Congressional body for any debate or speech in Congress or in any
committee thereof
- Requirements for the privilege of speech and debate to operate
1. Remarks or comments are made while in session; and
o In the case of Sen Trillanes vs Marigomen, the court held that statement to
media is not covered by the privileged speech since it was done outside of
session.
2. Must be made in connection with the discharge of official duties
SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They
shall notify the House concerned of a potential conflict of interest that may arise from the
filing of a proposed legislation of which they are authors.
SECTION 13. No Senator or Member of the House of Representatives may hold any other
office or employment in the Government, or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. 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.
 Incompatible Office vis-à-vis Forbidden Office
1. Incompatible Office – An office that cannot be held by an incumbent member of the
Congress namely, office or employment to the government or any subdivision,
instrumentality and even positions to GOCC to prevent owing loyalty to another
branch of the government (1st sentence). Automatically forfeits seat upon the
member’s assumption of such other office
 2. Forbidden Office – A member of a congress cannot be appointed to any office in the
government that has been created or the emoluments thereof have been increased
during his term to prevent trafficking in public office (2 nd sentence). Even if he is
willing to forfeit his seat, he may not be appointed to said office.
- The appointment however to the forbidden office is not allowed only during
the term for which a certain legislator was elected, when such office was
created or its emolument thereof. After such term, and even if the legislator is
re-elected, the disqualification no longer applies and he may therefore be
appointed to the office.
 Liban v Gordon – Acceptance of then Senator Richard Gordon as Chairman of PNRC.
Considering that PNRC is not a government office, nor GOCC, Section 13 on
incompatible office under Article VI of the Constitution is not applicable. Appointment
of Gordon to PNRC as chairman is valid.
 CLU v Exec Sec – The PD issues by then president Aquino allowing his cabinet
members to hold more than one office was unconstitutional. Only those allowed by the
Constitution, namely; Sec of DOJ as ex officio member of Judicial bar and Council and
VP as head of Department maybe allowed.
SECTION 14. No Senator or Member of the House of Representatives may personally
appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special privilege granted
by the Government, or any subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account of his office.

SECTION 15. The Congress shall convene once every year on the fourth Monday of July
for its regular session, unless a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until thirty days before the opening of
its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President
may call a special session at any time.
 GR: Regular Session - Congress convenes once every year on the 4th Monday of July,
unless otherwise provided for by law and shall continue to be in session for such number
of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays.
EXP: Special Session: (VISEC)
a. Due to vacancies in the offices of the President and Vice President at 10 o’clock a.m.
on the third day after the vacancies
b. To revoke or extend the Presidential Proclamation of Martial Law or suspension of
the privilege of the writ of habeas corpus
c. Called by the President at any time when Congress is not in session
d. To declare the existence of a state of war in a joint session
e. During impeachment proceedings
SECTION 16. (determination of each house rules and proceedings - EQR) (1) The Senate
shall elect its President and the House of Representatives its Speaker, by a majority vote of
all its respective Members. Each House shall choose such other officers as it may deem
necessary.
 Santiago vs Guingona – The court ruled that those who did not vote for Senate president
does not automatically turned them into minority bloc. The determination of who will be
majority or minority bloc depends on the determination of rules and proceedings of each
house and for the court to interfere to such is a violation of separation of powers.
(2) A majority of each House shall constitute a quorum to do business, but a smaller
number may adjourn from day to day and may compel the attendance of absent Members
in such manner, and under such penalties, as such House may provide.
 In computing quorum, members who are outside the country and, thus, outside of each
House’s jurisdiction are not included. The basis for determining the existence of a
quorum in the Senate shall be the total number of Senators who are within the coercive
 jurisdiction of the Senate. Coercive Jurisdiction – The power of each house of the
congress to compel the attendance of its absent member to constitute a quorum
(3) Each House may determine the rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.
 Disqualification vis-à-vis Expulsion
1. BP 881, Section 12 – The following are disqualified to be a member of congress:
a) One who has been declared by competent authority as insane or incompetent
b) One who has been sentenced by final judgment for subversion, insurrection,
rebellion or for any offense for which he has been sentenced to a penalty of
more than eighteen months or for a crime involving moral turpitude
c) Those who are permanent residents of or immigrants to a foreign country,
unless he has waived his status as such.
Note: The disqualification can be removed in case
i. unless he has been given plenary pardon or granted amnesty.
ii. upon the declaration by competent authority that said insanity
or incompetence had been removed
iii. after the expiration of 5 years from service of sentence.
2. Suspension or Expulsion - Expulsion by the House with the concurrence of 2/3 of all
its members, both applicable to Senate and House of Representative
- Members of Congress may also be suspended by the Sandiganbayan or by the
Office of the Ombudsman. The suspension in the Constitution is different
from the suspension prescribed in RA 3019 (Anti-Graft and Corrupt Practices
Act). The latter is not a penalty but a preliminary preventive measure and is
not imposed upon the petitioner for misbehavior as a member of Congress.
 Each House may determine what they think is considered as disorderly behavior and the
court will not interfere to such and assumed jurisdiction as it can be tantamount to
violation of separation of power.
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the
same, excepting such parts as may, in its judgment, affect national security; and the yeas
and nays on any question shall, at the request of one-fifth of the Members present, be
entered in the Journal. Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that in which the two
Houses shall be sitting.

SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme Court to be designated by
the Chief Justice, and the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered under
the party-list system represented therein. The senior Justice in the Electoral Tribunal shall
be its Chairman.
SECTION 18. There shall be a Commission on Appointments consisting of the President of
the Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from
the political parties and parties or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not vote, except in case of a tie.
The Commission shall act on all appointments submitted to it within thirty session days of
the Congress from their submission. The Commission shall rule by a majority vote of all
the Members.
SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of Representatives shall have
been organized with the election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at the call of its Chairman
or a majority of all its Members, to discharge such powers and functions as are herein
conferred upon it.
 Composition of the Electoral Tribunal (ET)
1. Three (3) Supreme Court Justices designated by the Chief Justice; (The senior Justice
in the Electoral Tribunal shall be its Chairman)
2. Six (6) members of the Senate or the House of Representatives. as the case may be,
chosen on the basis of proportional representation from the political parties and from
those registered under the party-list system represented therein
 Jurisdiction of the ETs - sole judge of all contests relating to the election, returns, and
qualifications of their respective members. It is independent of the Houses of Congress
and its decisions may be reviewed by the Supreme Court only upon showing of grave
abuse of discretion.
- The jurisdiction of the HRET begins only after the candidate is considered a
Member of the House of Representatives. Meaning, must be proclaimed first
in plenary and assumed office at noon of 30 th day of June following their
election before Electoral Tribunal can have jurisdiction otherwise, it will be
COMELEC
- Art. VI, Sec. 17 provides that the SET/HRET is the sole judge of all contests.
Hence, from its decision, there is no appeal. Appeal is not a constitutional
right but merely a statutory right. However, A special civil action for certiorari
under Rule 65 of the Rules of Court may be filed.
 Composition of the Commission of Appointment (CA)
1. Senate President as ex-officio chairman (will only vote in case of tie)
2. 12 Senators
3. 12 members of the HoR
- Guingona vs Gonzales - The apportionment of membership in the CoA shall be
based on proportional representation from the political parties and parties or
organizations registered under the party-list system. In this case, the Senante tries
to apportion the membership by using fractional number which leads to some
major political parties having more membership in the CoA.
 Presidential appointments subject to confirmation by the Commission: (HACA)
1. Heads of the Executive departments
EXP: Vice-President who is appointed to the post
2. Ambassadors, other public ministers, or consuls
3. Officers of the AFP from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him by the Constitution (chairman
and members of Constitutional commissions and members of judicial bar council)
SECTION 20. The records and books of accounts of the Congress shall be preserved and
be open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid to and
expenses incurred for each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in or affected by such
inquiries shall be respected.
 Legislation Inquiry – The Congress may call upon a person to conduct inquiries in aid
of legislation. However, the congress may not summon the President as witness or
investigate the latter in view of the doctrine of separation of powers except in
impeachment cases
- Standard Chartered Bank vs Senate vis-à-vis Bengzon case - The mere filing
of a criminal or administrative complaint before a court or a quasi-judicial body
should not automatically bar the conduct of legislative investigation. Otherwise, it
would be extremely easy to subvert any intended inquiry by Congress through the
convenient ploy of instituting a criminal or an administrative complaint. However,
it must be noted that the Legislation Inquiry shall be made always IN AID OF
LEGISLATION otherwise, just like in the Bengzon case, the court will not allow
 the Congress to conduct anymore inquiries if it is already filed in a competent
court or appellate court as it would prejudice the case.
- Congress has the inherent power to punish recalcitrant witnesses for contempt,
and may have them incarcerated until such time that they agree to testify.
However, in the case of Balag vs Senate, the court held that the continuance of
such incarceration only subsists shall subsist until the end of such legislative
inquiry and not indefinitely.
 Executive Privilege - It is the power of the President and high-level executive branch
officers to withhold certain types of information from Congress, the courts, and
ultimately the public:
- Persons who can invoke executive privilege (Being an extraordinary power, the
privilege must be wielded only by the highest official in the executive
department)
a. President
b. Executive Secretary, upon proper authorization from the President
- Senate v Ermita – EO 464 was issued by then PGMA to prohibit his cabinet
officials from appearing in any congressional hearing without her consent. The
SC, although partially invalidate the EO, uphold the right of the president to
prohibit them in appearing in any congressional hearing by the concept of
executive privileged which allows to withhold information from the public, court
or legislative branch to ensure the security and safety of the State and preserving
the integrity of the country. However, the president cannot invoke executive
privilege in relation to Section 21 since this pertains to hearing conducted in aid
of legislation. Valid only in relation to Section 22 on question hour
- Neri v Senate – (NBN-ZTE Deal) A deal between China and Philippines to
provide broad access of internet service in the Philippines was filled with
malicious transaction. Neri, the chairman of NEDA was interrogated by Congress.
However, Neri did not answer some primordial questions invoking executive
privilege. The SC uphold the executive privilege invoke by Neri under the
concept of Executive Communication privilege. This gave the president an
authority to withhold any documents or communication that are reflective of the
decision making of the president and by its discretion, confidential.
SECTION 22. The heads of departments may upon their own initiative, with the consent of
the President, or upon the request of either House, as the rules of each House shall provide,
appear before and be heard by such House on any matter pertaining to their departments.
Written questions shall be submitted to the President of the Senate or the Speaker of the
House of Representatives at least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters related
thereto. When the security of the State or the public interest so requires and the President
so states in writing, the appearance shall be conducted in executive session.
 Question Hour – The heads of department upon its initiative with CONSENT from the
president or call from congress can appear in either house to report in any matter relating
to his department.
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a state of
war. (2) In times of war or other national emergency, the Congress may, by law, authorize
the President, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively in the
House of Representatives, but the Senate may propose or concur with amendments.
SECTION 25. (1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form,
content, and manner of preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it
relates specifically to some particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall
be supported by funds actually available as certified by the National Treasurer, or to be
raised by a corresponding revenue proposed therein. (SSAC)
(5) No law shall be passed authorizing any transfer of appropriations; however, the
President, the President of the Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by
law, be authorized to augment any item in the general appropriations law for their
respective offices from savings in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for
public purposes to be supported by appropriate vouchers and subject to such guidelines as
may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed reenacted and shall remain in force and effect until
the general appropriations bill is passed by the Congress.
 The following bill shall originate from the house (Senate cannot initially author a law
involving the following matter except only to concur or propose amendment) (APRIL)
a. Appropriation,
b. Revenue or tariff
c. authorizing Increase of the public debt,
d. Local application, and
e. Private bills
- Tolentino v Sec of Finance – A law was passed increasing the Value Added
tax. Petitioner Tolentino averred that the law did not originate to House as
provided under Art 6 Sec 24 of the Constitution. The SC uphold the validity
of the law. As long as a bill was introduce first to the lower house, a Senate
can subsequently provide for its own bill. The President can also bypass the
reading on both houses if certified to be urgent
 The spending power, also called the “power of the purse”, belongs to Congress, subject
only to the veto power of the President. It carries with it the power to specify the project
or activity to be funded under the appropriation law. It is divided into to two:
1. General appropriation law – Passed annually, and intended for the financial
operations of the entire government during one fiscal period;
2. Special appropriation law – Designed for a specific purpose.
 Constitutional rules on General Appropriations Laws (FIRS)
1. Congress may not increase appropriations recommended by the President for the
operations of the government but they may reduce it
2. Form, content and manner of preparation of budget shall be provided by law;
3. No provision or enactment shall be embraced in the bill unless it relates specifically to
some particular appropriations therein; (prohibition on rider)
4. Procedure for approving appropriations for Congress shall be the same as that of other
departments in order to prevent sub-rosa appropriations by Congress; and
5. Prohibition against transfer of appropriations from one branch (judiciar,legislative, and
executive) to another. Nonetheless, the following may, by law, be authorized to augment
any item in the general appropriations law for their respective offices from savings in
other items of their respective appropriations (Doctrine of Augmentation):
a. President
b. Senate President
c. Speaker of the HoR
d. Chief Justice
e. Heads of Constitutional Commissions
 - Araullo v. Aquino III – DAP was passed allowing the President to
realign funds from slow moving projects to priority projects. So what
happens under the DAP was that if a certain government project is
being undertaken slowly by a certain executive agency, the funds
allotted therefor will be withdrawn by the Executive. Once withdrawn,
these funds are declared as “savings”. Unconstitutional, realignment
should only be made “within their respective offices”. Thus, no cross-
border transfers/augmentations may be allowed. But under the DAP,
this was violated because funds appropriated by the GAA for the
Executive were being transferred to the Legislative and other non-
Executive agencies.
- Savings - Savings refer to portions or balances of any programmed
appropriation which are free from any obligation or encumbrance.
When the purpose for which the funds had been allocated were already
satisfied, or the need for such funds had ceased to exist, for only then
could savings be properly realized.
6. Discretionary funds appropriated for particular officials shall be disbursed only for
public purposes
 Executive Impoundment - It means that although an item of appropriation is not vetoed
by the President, he however may refuse for whatever reason, to spend funds made
possible by Congress.
SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which
shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto
it and return the same with his objections to the House where it originated, which shall
enter the objections at large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or against shall be entered in its Journal.
The President shall communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he
had signed it. (2) The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object.
 Every bill passed by the Congress shall embrace only one subject. The subject shall be
expressed in the title of the bill. This rule is mandatory. The purposes of such rule are:
1. To prevent hodgepodge or log-rolling legislation;
2. To prevent surprise or fraud upon the legislature; and
3. To fairly apprise the people of the subjects of legislation
- However, even if the bill embraces two subjects, if the other subject is merely part
of legal consequences for its creation (like a bill making Mandaluyong a highliy
urbanized city which in effect, creates a separate city which is San Juan because
of such conversion) no violation was establish
 How a bill becomes a law
1. The Creation of a Bill. Members of the House or Senate draft, sponsor and introduce
bills for consideration by Congress.
2. It will then undergo three readings - During the First Reading, only the title of the
bill is read, then it is passed to the proper committee for study. On the Second
 Reading, the entire text is read, and debates and amendments are held. On the Third
Reading, only the title is read, and votes are taken immediately thereafter.
3. The bill will then be transmitted to the other house which will also undergo Three (3)
readings. In other words, there must be a total of 6 readings.
- GR: Each reading shall be held on separate days
EXP: If a bill is certified as urgent by the President as to the necessity of its
immediate enactment to meet a public calamity or emergency, the 3 readings
can be held on the same day
4. A conference committee is assembled primarily to discussed and reconciled different
versions on the bill passed by both, the members of the committee may also introduce
new but relevant provisions in the bill.
5. The approved bill, signed by the Speaker of the House of Representatives and the
President of the Senate, is transmitted to the Office of the President. The President
has three options on what to do with the bill:
a. Sign and pass the bill: The bill is assigned a Republic Act number and
becomes law.
b. Veto the bill: By refusing to sign, the bill is sent back to the House of
Representatives, along with the reasons for the veto. If both houses of
Congress decide that the bill or any of its vetoed provisions should still
become law, they will separately hold a vote. If two-thirds (2/3) of the
members of both houses voted for the support of the bill, the President’s veto
is overridden. Therefore, the bill becomes law.
c. Will not act on the bill: The President may do nothing with the bill.
However, even with the inaction of the chief executive, the bill automatically
becomes law after thirty days
 Rules on VETO:
GR: If the President disapproves a bill enacted by Congress, he should veto the entire
bill. He is not allowed to veto separate items of a bill.
EXP: Item-veto is allowed in case of Appropriation, Revenue, and Tariff bills
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts within the framework of
the national development program of the Government.
(3) Charitable institutions, churches and parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational purposes shall be
exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law. (2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except when such
priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium. (3) All money collected on any tax
levied for a special purpose shall be treated as a special fund and paid out for such purpose
only. If the purpose for which a special fund was created has been fulfilled or abandoned,
the balance, if any, shall be transferred to the general funds of the Government.

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme
Court as provided in this Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative
and referendum, and the exceptions therefrom, whereby the people can directly propose
and enact laws or approve or reject any act or law or part thereof passed by the Congress
or local legislative body after the registration of a petition therefor signed by at least ten
per centum of the total number of registered voters, of which every legislative district must
be represented by at least three per centum of the registered voters thereof.
 Constitutional Construction
1. Revision – re-examination on the majority or totality provision of the constitution
2. Amendment to the Constitution – alteration of a few specific provision in the
Constitution. Such changes shall not affect other provision or brought drastic
substantive change to the constitution as a whole.
- Ways of Amending Constitution
a) People’s Initiative – People will directly proposed amendments to the
Constitution constituting 12% of the total number of voters, with an
aggregate 3% total number of voters per legislative district
b) Constitutional Assembly – Congress having ¾ of total members vote can
propose amendment to the Constitution.
c) Constitutional Convention – People will choose the delegates who will
be proposing amendments to the constitution. 2/3 of all members of the
congress affirming con-con must first be obtained. No members of the
Congress shall be included in the delegates
- Santiago vs COMELEC – The court rules that the provision on Initiative and
Referendum in the Constitution is not self-executory. However, although there
is indeed a law, which is RA 6735 establishing rules on initiative and
referendum, the court declared it to be inappropriate to implement People’s
Initiative for lack concreteness in its application as it seems to be vague
ARTICLE VII

Executive Department (NAVAR-DPR2-MOSUC

SECTION 1. The executive power shall be vested in the President of the Philippines.
SECTION 2. No person may be elected President unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and write, at least forty years of age on the day
of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.
SECTION 3. There shall be a Vice-President who shall have the same qualifications and
term of office and be elected with and in the same manner as the President. He may be
removed from office in the same manner as the President. The Vice-President may be
appointed as a Member of the Cabinet. Such appointment requires no confirmation.
 Qualifications of the President
1. Natural-born citizen of the Philippines;
2. A registered voter;
3. Able to read and write;
4. At least forty (40) years of age on the day of the election; and
5. A resident of the Philippines for at least ten years immediately preceding such election
- Vice-President shall have the same qualifications and term of office and be
elected with, and in the same manner, as the President.
 Presidential immunity - The President is immune from suit during his incumbency. The
immunity extends even to those non-official acts. The only petition that can be filed
against the president, during his tenure, is an impeachment proceedings. However, upon
end of his tenure, the president is not anymore immune from suit even if such acts, which
was the cause of the suit, was made while he/she was president.
- Soliven vs Makasiar – In this case, then president Corazon Auiono filed a libel
suit against Beltran. The President may not be prevented from instituting suit.
There is nothing in our laws that would prevent the President from waiving the
privilege.
SECTION 4. The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date six years thereafter.
The President shall not be eligible for any reelection. No person who has succeeded as
President and has served as such for more than four years shall be qualified for election to
the same office at any time. No Vice-President shall serve for more than two consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as
an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President
shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board
of canvassers of each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the President of the
Senate shall, not later than thirty days after the day of the election, open all certificates in
the presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two
or more shall have an equal and highest number of votes, one of them shall forthwith be
chosen by the vote of a majority of all the Members of both Houses of the Congress, voting
separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice- President, and may
promulgate its rules for the purpose.
 SC as the Presidential Electoral Tribunal (PET) - The Supreme Court, sitting en banc,
shall be the sole judge of all contests relating to the election, returns, and qualifications of
the President or Vice-President, and may promulgate its rules for the purpose
 Doctrine of Command Responsibility – In this doctrine, the superior can be held liable
for the wrongful acts committed by his/her subordinates. Since the president is the
commander of chief. This however pertains only in cases of extra-judicial killings and
enforce disappearances, subject of the amparo proceedings
SECTION 5. Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties
as President (or Vice-President or Acting President) of the Philippines, preserve and
defend its Constitution, execute its laws, do justice to every man, and consecrate myself to
the service of the Nation. So help me God.” (In case of affirmation, last sentence will be
omitted.)

SECTION 6. The President shall have an official residence. The salaries of the President
and Vice-President shall be determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect until after the expiration of the
term of the incumbent during which such increase was approved. They shall not receive
during their tenure any other emolument from the Government or any other source.

SECTION 7. The President-elect and the Vice-President-elect shall assume office at the
beginning of their terms. If the President-elect fails to qualify, the Vice-President-elect shall
act as President until the President-elect shall have qualified. If a President shall not have
been chosen, the Vice-President-elect shall act as President until a President shall have
been chosen and qualified. If at the beginning of the term of the President, the President-
elect shall have died or shall have become permanently disabled, the Vice-President-elect
shall become President.
Where no President and Vice-President shall have been chosen or shall have qualified,
or where both shall have died or become permanently disabled, the President of the Senate
or, in case of his inability, the Speaker of the House of Representatives shall act as
President until a President or a Vice-President shall have been chosen and qualified. The
Congress shall, by law, provide for the manner in which one who is to act as President shall
be selected until a President or a Vice-President shall have qualified, in case of death,
permanent disability, or inability of the officials mentioned in the next preceding
paragraph.
SECTION 8. In case of death, permanent disability, removal from office, or resignation of
the President, the Vice-President shall become the President to serve the unexpired term.
In case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified. The Congress shall, by law, provide
who shall serve as President in case of death, permanent disability, or resignation of the
Acting President. He shall serve until the President or the Vice-President shall have been
elected and qualified, and be subject to the same restrictions of powers and
disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the
term for which he was elected, the President shall nominate a Vice-President from among
the Members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of the Congress, voting
separately.
SECTION 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance
with its rules without need of a call and within seven days enact a law calling for a special
election to elect a President and a Vice-President to be held not earlier than forty-five days
nor later than sixty days from the time of such call. The bill calling such special election
shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and
shall become law upon its approval on third reading by the Congress. Appropriations for
the special election shall be charged against any current appropriations and shall be
exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution.
The convening of the Congress cannot be suspended nor the special election postponed. No
special election shall be called if the vacancy occurs within eighteen months before the date
of the next presidential election.
 If vacancies happen before the beginning of the term of the president
1. In case of death or permanent disability, the VP shall be elect as president
2. In case of failure to elect president - The vice president shall act as president until the
president has been chosen and qualified.
3. In case both president and VP did not qualified or both died or suffers permanent
disability – Senate president, in case of inability, Speaker of the house shall act as
president until president and VP qualified
 Rules on Succession: - In case of the following, the Vice President shall become the
President to serve the unexpired term:
a. Death;
b. Permanent Disability;
c. Removal from office; or
d. Resignation of the President
- However, if the VP also resigned or did not accept the position, it shall be the
Senate president or in case of inability, the Speaker of HoR shall act as President
(Acting President) until the President or Vice President shall have been elected
and qualified. The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting President.
SECTION 11. Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the Vice-
President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House of Representatives their written declaration that
the President is unable to discharge the powers and duties of his office, the Vice-President
shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker
of the House of Representatives his written declaration that no inability exists, he shall
reassume the powers and duties of his office. Meanwhile, should a majority of all the
Members of the Cabinet transmit within five days to the President of the Senate and to the
Speaker of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Congress shall decide the issue.
For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours,
in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds vote
of both Houses, voting separately, that the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as the President; otherwise, the President
shall continue exercising the powers and duties of his office.

SECTION 12. In case of serious illness of the President, the public shall be informed of the
state of his health. The Members of the Cabinet in charge of national security and foreign
relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied
access to the President during such illness.
 In the case of when De Leon filed a case for mandamus to compel Duterte to release
record on his health, the court denied the petition since the petitioner wasn’t able to
establish clear legal right for such and also, the allegations are based on news outlet as to
the downgrading health of the president which was even belied by the president
appearing in the regular cabinet meetings
SECTION 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said tenure, directly
or indirectly, practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office. The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not during his tenure be appointed as
members of the Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.
 The spouse and relatives by consanguinity or affinity within the 4th civil degree of the
President shall not, during his tenure, be appointed as: (MOSUC)
a. Members of the Constitutional Commissions;
b. Office of the Ombudsman;
c. Secretaries;
d. Undersecretaries;
e. Chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries.
- If the spouse, etc., was already in any of the above offices at the time before
his/her spouse became President, he/she may continue in office. What is
prohibited is appointment and reappointment, not continuation in office.
  The rules on incompatible office also extends to the President, the Members of the
Cabinet, and their deputies or assistants. A Secretary only having an “Acting Capacity”
cannot also hold more than two offices in the executive department.
 CLU v Exec Sec – The PD issues by then president Aquino allowing his cabinet
members to hold more than one office was unconstitutional. Only those allowed by the
Constitution, namely; Sec of DOJ as ex officio member of Judicial bar and Council and
VP as head of Department maybe allowed.
SECTION 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President within ninety days from his assumption or reassumption
of office.
SECTION 15. Two months immediately before the next presidential elections and up to the
end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.
SECTION 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval
captain, and other officers whose appointments are vested in him in this Constitution. He
shall also appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment of other officers lower in rank in the
President alone, in the courts, or in the heads of departments, agencies, commissions, or
boards. The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only
until after disapproval by the Commission on Appointments or until the next adjournment
of the Congress.
 Kinds of Presidential appointments (MARAA)
1. Appointments made by an Acting President; - remain effective, unless revoked
by the elected President within ninety days from his assumption or re-assumption
2. Midnight Appointment (prohibited)– two months nearing the end of the term of
the president, he cannot appoint any positions except temporary appointments to
executive positions when continued vacancies therein will prejudice public
service or endanger public safety. However, Section does not apply to
appointments in the Judiciary.
3. Regular Presidential Appointments, with or without the confirmation by the
CA; or
4. Ad-interim Appointments – Made during recess of congress, to prevent hiatus
on the discharge of public duties. Being a permanent appointment, an ad interim
appointee pending action by the Commission on Appointments enjoys security of
tenure
5. Appointment in Acting Capacity - Made at any time there is vacancy, i.e.,
whether Congress is in session or not. The appointment is merely temporary and
does not require confirmation by the CA.
 Doctrine of Qualified Political Agency - The doctrine of qualified political agency
essentially postulates that the heads of the various executive departments are the alter
egos of the President, and, thus, the actions taken by such heads in the performance of
their official duties are deemed the acts of the President unless the President himself
should disapprove such acts.
SECTION 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.
 Power of control - The President shall have control of all the executive departments,
bureaus, and offices. The president can alter or modify or nullify or to set aside what a
subordinate has done in the performance of his duties and to substitute one’s own
judgment for that of a subordinate. However, such power of control is not absolute. It
may be effectively limited by the Constitution, by law, or by judicial decisions. (Ex. If
the law or rules of court provides that decision of executive department exercising quasi-
judicial function is immediately appealable to court, then power of control is limited)
 - The power of control can also be exercise by the cabinet secretary in relation to
Doctrine of Qualified Political Agency.
- For LGU’s however, the president and its alter egos only exercise power of
supervision, not control. Thus, they cannot alter or modify or nullify or to set
aside the decision and policy making made by LGU’ as it will be in violation of
their local autnomy. They can only interfere in the affairs and activities of a LGU
if they finds that the latter acted contrary to law.
 Residual power of the president – The power of the president to exercise such functions
and authority even if such power and authority is not conferred upon him by the law to
ensure that all laws will be faithfully executed.
SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not exceeding sixty days, suspend
the privilege of the writ of habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall submit a report
in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. Upon the initiative of
the President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or rebellion shall
persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation
or suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ. The suspension of the
privilege of the writ shall apply only to persons judicially charged for rebellion or offenses
inherent in or directly connected with the invasion. During the suspension of the privilege
of the writ, any person thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released. (CWISVIRSA)
 President as the Commander in Chief:
a. Absolute authority over the persons and actions of the members of the armed forces
b. Call the armed forces to prevent or suppress lawless violence, invasion, or rebellion
whenever necessary (does not need congressional authority, ine good example is
when PGMA declared State of national emergency)
c. David v Arroyo – Due to monitor planned assassination on the president and coup de
tat, PGMA declared a state of national emergency allowing her to withhold rally
permits and to legislate. A petition was filed before the SC questioning the
declaration of national emergency. During pending of the case, the declaration was
then lifted rendering the case moot and academic. The SC still pursue of deciding the
case as it employs transcendental importance to the public. The SC ruled in favor
of the constitutionality of the declaration of state of national emergency but only in so
far as it relates to calling-out powers of the president. The provisions of PP 1017
commanding the AFP to enforce laws not related to lawless violence, as well as
decrees promulgated
by the President, are declared UNCONSTITUTIONAL.
 d. Declaration of the State of Martial Law – Such declaration suspends the privilege of
the writ of habeas corpus. Such declaration can be made either in the entire
Philippines or in any certain portions thereof. However, the following requisites must
be observed upon declaration of martial law:
1. There must be an Invasion or Rebellion, and
2. Public Safety requires the proclamation of martial law all over the Philippines
or any part thereof.
3. Duration: Not more than 60 days following which it shall be automatically
lifted unless extended by Congress.
4. Duty of the President to report to Congress: within 48 hours personally or in
writing.
5. Authority of Congress to affirm or revoke or allow the lapse or extend the
effectivity of proclamation: by majority vote of all of its members voting
jointly. If revoked, the president cannot anymore set aside the revocation.
 Constantino v Cuisia - There are certain constitutional powers and prerogatives of the
Chief Executive of the Nation which must be exercised by him in person and no amount
of approval or ratification will validate the exercise of any of those powers by any other
person. Such, for instance, in his power to suspend the writ of habeas corpus and
proclaim martial law and the exercise by him of the benign prerogative of pardon
(mercy).
SECTION 19. Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations and pardons, and remit
fines and forfeitures, after conviction by final judgment. He shall also have the power to
grant amnesty with the concurrence of a majority of all the Members of the Congress.
 Kinds of executive clemency (The first 4 items requires conviction of final judgment
except Amnesty. However, amnesty requires concurrence of Congress) (PARCPP)
1. Pardons - An act of grace, which exempts individual on whom it is bestowed from
punishment, which the law inflicts for a crime he has committed. However, such does
not extend to civil liability or in cases of impeachment or violation of election laws.
- Kinds of pardon
a) Absolute pardon - One extended without any conditions; totally
extinguishes criminal liability
b) Conditional pardon - One under which the convict is required to comply
with certain requirements. The convict however has an option to reject
the pardon if he finds that the condition appears to be not acceptable
2. Reprieves - The postponement of sentence to a date certain, or stay of execution.
Usually done in case the person subject of death penalty is a pregnant woman, allowing
him to give birth to child.
3. Commutations - The reduction or mitigation of the penalty, from death penalty to life
imprisonment, remittances and fines. It does not affect his guilt; it merely reduces the
penalty for reasons of public interest
4. Probation - A disposition under which a defendant after conviction and sentence is
released subject to conditions imposed by the court and to the supervision of a probation
officer. Judicial in nature
5. Parole – Unlike in probation which does not necessarily requires convicted person to
spend time in jail, parole is the opposite. In parole, a convict needs first served the
minimum of the imposed prison sentence before release be allowed.
6. Amnesty - The grant of general pardon to a class of political offenders either after
conviction or even before the charges is filed. However, amnesty requires concurrence of
Congress.
SECTION 20. The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board, and subject
to such limitations as may be provided by law. The Monetary Board shall, within thirty
days from the end of every quarter of the calendar year, submit to the Congress a complete
report of its decisions on applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations which would have the
effect of increasing the foreign debt, and containing other matters as may be provided by
law.
SECTION 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
 In the Philippines, it is the president that ratifies the treaty. The Senate duty is to provide
its concurrence only. The Constitution provides for two application of concurrence when
it comes to treaties
a) Section 21 Article VII, deals with treaties of international agreements in general
which requires 2/3 of all members of the senate to be ratified.
b) Section 25 Article XVIII, if pertains to presence of military bases
- Saguisag vs Executive Secretary - EDCA is in the form of an executive
agreement since it merely involves “adjustments in detail” in the
implementation of the Mutual Defense Treaty and the Visiting Forces
Agreement. Executive Agreement must be distinguish from treaty. Executive
agreement does not required concurrence of the Senate.
- Pangilinan vs Cayetano – Duterte withdrawal from ICC. The court held that
the president does not enjoy unbridled authority to withdraw from treaties or
international agreements. Thus, the president can withdraw from a treaty if a
treaty is unconstitutional or contrary to provisions of an existing prior statute.
However, the president may not unilaterally withdraw from a treaty: (a) when
the Senate conditionally concurs, such that it requires concurrence also to
withdraw; or (b) when the withdrawal itself will be contrary to a statute, or to
a legislative authority to negotiate and enter into a treaty, or an existing law
which implements a treaty, must then secure Senate concurrence. However,
in this case, the court cannot anymore grant the relief as the withdrawal have
already been communicated and accepted by UN
- EO 459 - Giving the president through the Secretary of Foreign Affairs, Full
Powers (Authority granted by the president to negotiate international
agreements) in case of negotiations of agreements, changes of national policy
or those involving international arrangements of a permanent character
entered into in the name of the Government of the Republic of the Philippines.
 Doctrine of State Immunity – A state cannot be sued without its consent. The rationale
behind this is that there can be no legal right against the authority which makes the law
on which the right depends. Consent can be given, expressly or impliedly.
Sovereign Immunity - pertains to Immunity from suit of a separate sovereign state. They
cannot be sued by reason that each States all States are sovereign equal and one cannot
assert jurisdiction over the other.
1. Express consent – given by legislature through a law However, that law must be
strictly complied or followed otherwise, the consent is not their because it is
subject to condition.
2. Implied Consent –
a. When state commences litigation, it becomes vulnerable to counter-claim
b. When states entered into private contracts. Immunity of sovereign or state
immunity is recognized only in relation to acts jure imperii (or acts in relation to
governmental function) but not acts jure gestionis (acts in relation to proprietary
functions)
o Cases (PDN)
1/ Philippines Agila Satelite vs Lichauco – A suit instituted against a
public officials or employees in his/her official capacity in relation to the
valid performance of his/her duties as enjoined upon him/her by the law,
such suit will b treated as suit against the State. However, is such suit on
his/her official capacity is based on grave abuse of discretion, such suit is
not a suit against the state
2/ DOTC vs Sps Avecina – the non-suitability of a State cannot be used to
perpetrate injustice
3/ Nessia vs Fermin – The remedy of a person against an LGU who fails
to paid the obligation by reason that there is no allocated funds is to file a
 petition for mandamus so that during appropriation of budget, there will
allocation from him/her on the payment of his.her obligation
SECTION 22. The President shall submit to the Congress within thirty days from the
opening of every regular session, as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts from existing and proposed
revenue measures.
SECTION 23. The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.

ARTICLE VIII

Judicial Department (PAPIL-PACQMH-LOTPO-GERF)

SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law. Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
the Government.
 Composition
- A. Chief Justice
B. 14 Associate Justices (It may sit en banc or in its discretion, in divisions of
three, five, or seven members)
 Qualifications:
- Qualifications for appointments to the SC:
1. Natural born citizen of the Philippines;
2. At least 40 years of age; and
3. A judge of a lower court or engaged in the practice of law in the Philippines for
15 years or more (not limited on litigation as held in the case of Monsod)
- The members of the judiciary are appointed by the President of the Philippines
from among a list of at least three (3) nominees prepared by the Judicial and Bar
Council (JBC) for every vacancy. The appointment shall need no confirmation
from the Commission on Appointments. The duty of the JBC to submit a list of
nominees before the start of the President’s mandatory 90-day period to appoint is
ministerial, but its selection of the candidates whose names will be in the list to be
submitted to the President lies within the discretion of the JBC
- Members of the SC and judges of lower courts can hold office during good
behavior until:
a. 70 years old
b. They become incapacitated to discharge their duties.
 Scope of the rule-making power of the SC: (PAPIL)
1. The protection and enforcement of constitutional rights
2. Power to promulgate pleadings, practice and procedure in all courts
3. Admission to the practice of law
4. The Integrated Bar
5. Legal assistance to the underprivileged
- Limitations on its rule making power
1. It should provide a simplified and inexpensive procedure for the speedy
disposition of cases.
2. It should be uniform for all courts of the same grade.
3. It should not diminish, increase, or modify substantive rights.
- Authority to define, prescribe, and apportion the jurisdiction of the various courts
however shall be within the ambit of authority of Congress. However, such
authority to determine jurisdiction shall not be applicable to:
o Original Jurisdiction (PACQMH)
1. Cases affecting ambassadors, other public ministers and consuls
2. Petition for certiorari
 3. Petition for prohibition
4. Petition for mandamus
5. Petition for quo warranto
6. Petition for habeas corpus
o Appellate Jurisdiction - SC may review, revise, reverse, modify, or
affirm final judgments and orders of lower courts in:
1. Cases involving the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation
2. Cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto
3. Cases in which the jurisdiction of any lower court is in issue
4. Criminal cases where the penalty imposed is reclusion perpetual or
higher
5. Cases where only a question of law is involved
 Judicial Review – (LOTPO) The power of the SC to determine the constitutionality of a
law, treaty, ordinance, presidential issuance, and other governmental acts, including
political questions which is done in case of grave abuse of discretion. Requisites of
Judicial Review are as follows:
1. There must be an actual controversies – must be ripe for judicial determination.
- Because of the broad power of the judiciary being given under the
Constitution, the judiciary is not anymore limited to exercise judicial review
on justiciable issue. It can now even impose such power to those involving
political questions or those issue which, under the Constitution, are to be
decided by the people in their sovereign capacity through their elective
officials in which, a matter is more on their policy or wisdom
- Montesclaros vs COMELEC - A proposed bill is not subject to judicial
review because it is not a law. A proposed bill creates no right and imposes
no duty legally enforceable by the Court. To ask the court to rule on a
propsed bill is to seek advisory opinion.
2. Proper party to the case (legal standing)
- GR: If there is no actual or potential injury, complainant has no legal
personality to raise constitutional questions.
EXP: If the question is of transcendental importance, the rules on legal
standing will be relax.
3. The constitutional issue must be raised as early as possible
4. The constitutional issue shall be the lis mota (issue to be resolved) of the case
- Operative Fact Doctrine - Under this doctrine, the law is recognized as
unconstitutional but the effects of the unconstitutional law, prior to its
declaration of nullity, may be left undisturbed as a matter of equity and fair
play. It is a rule of equity
- Moot Question:
GR: The courts should decline jurisdiction over such cases or dismiss it on
ground of mootness.
EXP: (GERF)
1. There is a Grave violation of the Constitution.
2. There is an exceptional character of the situation and the paramount
public interest is involved.
3. When the constitutional issue raised requires formulation of controlling
principles to guide the bench, the bar, and the public.
4. The case is capable of Repetition yet evading review

IX – ADMINISTRATIVE LAW

A – Character of Public Office

 Characteristic of Public Office
1. Public Trust
 2. Not a Property - The concept "public office is not a property” means that it is outside
the commerce of man; hence, it cannot be the subject of a contract.
3. Personal to public officer – not transmissible to the heirs
4. Not a Vested right
5. Not a natural right
 Prohibitions to Public Officer
1. Prohibitions to President, Vice President, Members of Congress:
a. Appear as counsel before any court, electoral tribunal, or quasi-judicial and
other administrative bodies;
b. Be interested in any contract with, or in any franchise, or special privilege
granted by the Government, or any subdivision, agency or instrumentality
thereof, including GOCCs
c. Holding more than one office except as may be allowed under the
constitution, include forbidden and incompatible office
2. Prohibitions under Code of Conduct and Ethical Standards for Public Officials and
Employees
a. Directly or indirectly having any financial or material interest in any
transaction requiring the approval of their office
b. Owning, controlling, managing or accepting employment as officer,
employee, consultant, counsel, broker, agent, trustee or nominee in any
private enterprise regulated, supervised or licensed by their office;
c. Engaging in the private practice of their profession (includes Judiciary);
d. Recommending any person to any position in any private enterprise which has
a regular or pending official transaction with their office
3. Prohibitions against the practice of other professions under the LGC
a. Local chief executives (governors, city and municipal mayors) are prohibited
from practicing their profession;
b. Sanggunian members may practice their profession, engage in any occupation,
or teach in schools except during session hours; and
c. Doctors of medicine may practice their profession even during official hours
of work in cases of emergency provided that they do not derive monetary
compensation therefrom.
4. Prohibition on solicitation of gifts - Public officers, however, may accept the
following gifts from foreign governments:
a. Gifts of nominal value received as souvenir or mark of courtesy;
b. Scholarship or fellowship grant or medical treatment; or
c. Travel grants or expenses for travel outside the Philippines
 Creation and abolition of office - The creation and abolition of public offices is
primarily a legislative function. However, the President may abolish an office either from
a valid delegation from Congress, or his inherent duty to faithfully execute the laws
- Requisites for there to be a valid abolition of office:
1. In good faith (good faith is presumed);
2. Not for political or personal reasons; and
3. Not in violation of law.
- Reorganization - Reorganization involves the reduction of personnel,
consolidation of offices, or abolition thereof by reason of economy or redundancy
of functions. The following are circumstances that may be considered as evidence
of bad faith in a removal pursuant to reorganization, thus warranting reinstatement
or reappointment:
1. Where there is a significant increase in the number of positions in the new
staffing pattern of the department or agency concerned;
2. Where an office is abolished and other performing substantially the same
functions is created;
3. Where incumbents are replaced by those less qualified in terms of status of
appointment, performance and merit;
 4. Where there is reclassification of offices in the department or agency
concerned and the classified offices perform substantially the same function as
the original offices; and
5. Where the removal violates the order of separation provided in Sec. 3 of
R.A. 6656
- De Llana vs Alba – the Constituion provides that “No law shall be passed
reorganizing the Judiciary when it undermines the security of tenure”. However,
in the said case, the court clarified that in case of abolition of office, there is no
tenure to speak of since the abolition renders such office as non-existent from
effectivity unlike in the normal removal in which, even if remove, there is
security of tenure since the office still exist. The key argument must lie as to the
validity of the abolition (whether done in good faith or not), not on the question of
security of tenure in case there is abolition of office
- of its Members.

B – Liability of Officers
 Three-fold responsibility/liability of public officers (meaning violation of the below
will give rise to threefold liability)
1. Criminal liability;
2. Civil liability; and
3. Administrative liability.
 Command Responsibility Doctrine - A superior officer is liable for the acts of his
subordinate in the following instances:
1. He negligently or willfully employs or retains unfit or incompetent subordinates;
2. He negligently or willfully fails to require his subordinates to conform to prescribed
regulations;
3. He negligently or carelessly oversees the business of the office as to give his
subordinates the opportunity for default;
4. He directed, cooperated, or authorized the wrongful act; or
5. The law expressly makes him liable
 Grounds for the discipline of public officers:
1. Dishonesty;
2. Oppression;
3. Neglect of duty (can result to gross neglect which can be tantamount to dismissal Ex.
Habitual tardiness)
5. Disgraceful and immoral conduct;
6. Discourtesy in the course of official duties;
7. Inefficiency and incompetence in the performance of official duties;
8. Conviction of a crime involving moral turpitude;
9. Being notoriously undesirable;
10. Falsification of official documents;
11. Habitual drunkenness;
12. Gambling;
13. Refusal to perform official duty or render overtime service;
14. Physical or mental incapacity due to immoral or vicious habits; and
15. Willful refusal to pay just debts or willful failure to pay taxes.
 Preventive Suspension - Preventive suspension is not a penalty by itself; it is merely a
measure of precaution to prevent the public officials or employee from using his position
or office to influence the investigation. It can be ordered even without a hearing because
this is only preliminary step in an administrative investigation.
- Periods of preventive suspension
1. For administrative cases:
a. Civil Service Law – 90 days
b. Local Government Code (R.A. 7160)
i. 60 days for appointive officials (suspension to be imposed by the local
chief executive)
ii. 60 or 90 days for elective officials
 c. Ombudsman Act – six months
2. For criminal cases: Anti-Graft and Corrupt Practices Act (R.A. 3019) – 90 days
- Conditions before an employee may be entitled to back salaries
1. The employee must be found innocent of the charges; and
2. His suspension must be unjustified
 Arias Doctrine vis-à-vis Aguinaldo/condonation doctrine
1. Arias Doctrine - The head of office is not required to examine every single detail of
any transaction from its inception until it is finally approved. Simply put, the “Arias
doctrine” gets the public official off the hook with the premise that, acting in good
faith, the superior can rely on the work of his subordinates.
2. Aguinaldo Doctrine - The condonation doctrine, also known as Aguinaldo doctrine,
has provided that a public official cannot be removed for administrative misconduct
committed during a prior term since his re-election to office operates as a
condonation of his past misconduct. Already abandon in the Morales vs Binay case

C – Appeal
 Availability of appeal in administrative disciplinary cases - Decisions are initially
appealable to the department heads and then to the CSC. Only the respondent in the
administrative disciplinary case, not the complainant, can appeal to the CSC from an
adverse decision.
1. Appeal is available if the penalty is:
a. Demotion;
b. Dismissal; or
c. Suspension for more than 30 days or fine equivalent to more than 30 day salary
2. Appeal is NOT available if the penalty is: (the decision becomes final and executory
by express provision of law.)
a. Suspension for not more than 30 days;
b. Fine not more than 30 day salary;
c. Censure;
d. Reprimand;
e. Admonition; or
f. When the respondent is exonerated.

D – De Jure vs De Facto Officer

 A de jure officer is one who is exercising the office as a matter of right and has lawful
title to the office. A de facto officer is one who is in possession of the office and
discharging its duties under color of authority. By color of authority is meant that derived
from an election or appointment, however irregular or informal, so that the incumbent is
not a mere volunteer. For De facto officer however, the lawful acts, so far as the rights of
third persons are concerned are, or if affects the public, if done within the scope and by
the apparent authority of the office, are considered valid and binding
 The incumbency may not be challenged collaterally. The challenge must be made in a
direct proceeding where title to the office will be the principal issue. The authorized
proceeding is quo warranto either by the Solicitor General in the name of the Republic or
by any person claiming title to the office.
 Salary - As a rule, the rightful incumbent of the public office may recover from a de
facto officer the salaries received by the latter during the time of the latter's wrongful
tenure even though he entered into the office in good faith and under a colorable title.

E – Impeachment
 Impeachable officers
1. President;
2. Vice-President;
3. Members of the Supreme Court;
4. Members of the Constitutional Commissions; and
5. Ombudsman.
 - In the 2018 case of RP vs Serrano, the court held that a quo warranto petition
against public officials, not elected by the people, even if the constitution itself
provides that removal be made through impeachment, can be removed also by
quo warranto.
- In 2014, in the case of Gonzales vs Office of the President, the cour clarified that
a Deputy Ombudsman cannot be subject to disciplinary action of the President
through preventive suspension. Deputy Ombudsman can only be charged with
impeachment case. As of now, the Gonzales ruling is being challenged before the
court for a possible reversed.
 Grounds for impeachment:
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and Corruption;
5. Other high crimes ; and
6. Betrayal of public trust
 Initiation takes place by the act of filing of the impeachment complaint and referral to the
House Committee on Justice. Once an impeachment complaint has been initiated in the
foregoing manner, another may not be filed against the same official within the one year
period.
 Effects of conviction in impeachment
1. Removal from office;
2. Disqualification to hold any other office under the Republic of the Philippines; and
3. Party convicted shall be liable and subject to prosecution, trial and punishment
according to law
- Any action that may give rise to the above effect of impeachment (i.e, disbarment
or action for criminal offense) cannot be instituted as it will have an effect of
conviction in case of impeachment, save otherwise in case of quo warranto
petition for non-elective officials which are impeachable

F – Quasi-legislative vs Quasi-judicial vs
Quasi-legislative Quasi-judicial
1/ Operates on the future. Operates based on past facts.
2/ General application. Particular application (applies only to
the parties involved).
3/ May be assailed in court without subscribing Only be challenged in court with prior
to the Doctrine of Exhaustion of Administrative exhaustion of administrative remedies.
Remedies
4/ Does not require prior notice and hearing Requires prior notice and hearing
(except when the law requires it). (except when the law does not require
it).
5/ May be assailed in court through an ordinary Appealed to the Court of Appeals via
action. petition for review
- Each agency must file with the Office of the National Administrative Register
(ONAR) of the University of the Philippines Law Center three certified copies of
every rule adopted by it. Administrative issuances which are not published or
filed with the ONAR are ineffective and may not be enforced

G - Cardinal requirements of due process in administrative proceedings (Ang Tibay case)

1. Right to a hearing which includes the right to present one’s case and submit evidence in
support thereof;
2. The tribunal must consider the evidence presented;
3. The decision must be supported by evidence;
4. Such evidence must be substantial;
5. The decision must be rendered on the evidence presented at the hearing or at least
contained in the record, and disclosed to the parties affected;
6. The tribunal or body or any of its judges must act on its own independent consideration of
the law and facts of the controversy in arriving at a decision;
7. The board or body should render decision in such a manner that parties can know the
various issues involved and the reasons for the decision rendered
- Exhaustion of Administrative remedies - the courts will not entertain a case
unless the available administrative remedies have been resorted to and the
appropriate authorities have been given an opportunity to act and correct the
errors committed in the administrative forum. The failure to exhaust
administrative remedy does not affect the court’s jurisdiction. Non-exhaustion of
administrative remedies only renders the action premature, that the cause of action
is not ripe for judicial determination.
- Non-applicability of the doctrine of res judicata - The doctrine of res judicata
applies only to judicial or quasi-judicial proceedings and not to the exercise of
purely administrative functions. Administrative proceedings are non-litigious and
summary in nature. However, the application of Res Judicata applies I the
following administrative proceedings:
1. Naturalization proceedings or those involving citizenship and immigration;
2. Labor relations such as the fine are final and executory (i.e. suspension for
not more than 30 days, fine not more than 30 day salary, censure,
reprimand, admonition, when the respondent is exonerated.
3. Decisions affecting family relations, personal status or condition, and
capacity of persons.