Complete+Finals+Reviewer+for+Poli

LEGISLATIVE DEPARTMENTThe Legislative Power

1. The Power to propose, enact, amend and repeal laws2. Vested in the Congress, except to the extent reserved to the people by the provision on

initiative and referendum.

Initiative ReferendumPropose amendments to Constitution or to propose and enact legislation through an election called for the purpose

Power of the electorate to approve or reject legislation through an election called for the purpose

- Initiative on Statute- Initiative on Local Legislation- Indirect initiative – exercise of initiative by

the people through a proposition sent to Congress or local legislative body for action

- Referendum on Statutes- Referendum on Local Laws

Cannot be subject to both I and R:1. Petition embracing more than one subject

2. Statutes involving emergency measures

Local Initiative:1. Not less than 2,000 registered voters in case of autonomous regions2. Not less than 1,000 in case of provinces and cities3. 100 in municipalities4. 50 in case of barangays

File a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment of any law, ordinance or resolution.

Limitations1. Shall not be exercised more than once a year2. Shall extend only to subjects or matters which are within the legal powers of the local legislative

bodies to enact3. At any time, before initiative is held, the local legislative body shall adopt in toto the proposition

presented.

CongressThe 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. (Section 1. Article VI)

House of Rep. Senate Party-List NomineesQualifications

Natural Born Citizen Natural Born Citizen Natural Born citizenAt least 25 years old At least 35 years old At least 25 years old

Youth sector: cannot be older than 30

Read and Write (except party list representative)

Read and Write

Registered voter in the district in which he shall be elected

Registered Voter Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the

1 | P a h i n a L O Y O L A . R E Y E S . V I B A N D O R

day of the electionResident thereof for a period of not less than one year preceding the day of the election

Resident of the Philippines for not less than 2 years immediately preceding the day of the election.

TermThree years commencing at noon on the 30th day of June next following their election

Six years, commencing at noon on the 30th day of June next following their elections

3 years

LimitationShall not serve for more than 3 consecutive terms.

No senator shall serve for more than 2 consecutive terms. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which elected.

Senate The Senate shall composed of twenty-four Senators who shall be elected at the large by the

qualified voters of the Philippines, as may be provided by law. (Section 2. Article VI)

House of RepresentativesNot more than 250 members, unless otherwise provided by law consisting of:

District Representatives Party-list representatives Sectoral RepresentativesElected from legislative districts apportioned among the provinces, cities, and metropolitan Manila area

Shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations

(For 3 consecutive terms after the ratification of the Constitution) One hald of the seats allocated to party-list representatives shall be filled as provided by law, by selection or election from labor, peasant, urban poor, indigenous cultural communities, women, youth and such other sectors as may be provided by law. Except the religious sector.

Apportionment of legislative districtsA justiciable question.Apportionment shall be made in accordance with the number of respective inhabitants, on the

basisi of a uniform and progressive ratio:i. Each city with not less than 250,000 inhabitants shall be entitled to at least one

representative ii. Each province, irrespective or number of inhabitants is entitled to at least one

representativeiii. Each legis. District shall comprise contiguous, compact and adjacent territory. To

prevent Gerrymandering Gerrymandering- is a practice that attempts to establish a political advantage for a particular party or group by

manipulating geographic boundaries to create partisan, incumbent-protected districts.

The Party-list SystemA mechanism of proportional representation in the election of representatives to the HR from

national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC.

Definition of Terms


1. Party – either a political party or a sectoral party or a coalition of parties 2. Political party – organized group of citizens advocating an ideology or platform, principles

and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.

National – constituency is spread over the geographical territory of at least a majority of the regions

Regional – Its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region

Sectoral – organized group of citizens belonging to any of the following sectors:a. Laborb. Peasantc. Fisherfolkd. Urban poore. Indigenous cultural communitiesf. Elderlyg. Handicappedh. Womeni. Youthj. Veteransk. Overseas workers and professionals

Sectoral organization – group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns

Coalition – an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.

Registration; Manifestation to Participate in the Party-List SystemAny organized group of persons may register as a party, organization or coalition for purposes of

the party-list system by:1. Filing a petition with the COMELEC2. Not later than 90 days before the election3. Petition must be verified by its president or secretary stating its desire to participate in the

party-list system as a national, regional or sectoral party, organization or coalition Any party already registered, need not register anew, but must file within 90 days before the

election a manifestation of its desire to participate in the party-list system.

Refusal and/or Cancellation 1. Motu proprio or upon verified complaint.2. Refuse, cancel after due notice and hearing, the registration of any national, regional or

sectoral party on the ff. Grounds:a. Religious sect/ denominationb. Advocates violence or unlawful means to seek its goalc. Foreign party or organizationd. Receiving support from any foreign gov’t, foreign political party whether directly or

indirectly for partisan election purposese. Violates or fails to comply with election rules and regulationsf. Declares untruthful statements in its petitiong. Ceased to exist for at least one yearh. Fails to participate in the last two preceding elections or fails to obtain at least 2% of the

votes cast under the party-list system in the two preceding elections for the constituency in which it has registered.

Nomination of party-list representatives1. Each party shall submit to COMELEC not later than 45 days before the election2. List of names, not less than 5 from which party-list representatives shall be chosen in case it

obtains the required number of votes. Limitations:


a. Person may be nominated in one list onlyb. Consent of such person must be obtainedc. No candidate for elective office or a person who has lost his bid for an elective office d. No change allowed unless submitted to COMELEC except:

- Nominee dies- Withdraws in writing his nomination- Incapacitated- In which case, the name of the substitute nominee shall be replaced

Manner of Voting1. Every voter entitled to two votes

i. Candidate for HR in his legislative districtii. Vote for the party, organization or coalition he wants represented in HR

NumberParty-list representatives shall constitute 20@ of the total number of the members of HR

including those under party-list.Procedure for allocating votes:

a. Parties, organizations and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections

b. Parties, organizations and coalitions receiving at least 2% of the total votes cast for the party-list system shall be entitled to one-seat each

- Provided that those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votes

- Provided further that each party, organization or coalitions shall be entitled to not more than 3 seats.

Four Inviolable parameters a. The 20% allocation – the combined number of all party-list congressmen shall not exceed

20% of the total membership of the HRb. The 2% threshold – Only those parties garnering at least 2% of total valid votes cast for the

party-list system are qualified to have a seat in the housec. The 3-seat limit – each qualified party, regardless of the number of votes it actually

obtained, is entitled to a maximum of 3 seats- One qualifying- 2 additional

d. Proportional representation – Additional seats which a qualified party is entitled to shall be computed in “proportion to their total number of votes”

Formula:Additional seats = Votes cast for Qualified Party x Alloted seats for First Party

Votes cast for First Party(Veterans Federation Party vs. COMELEC)

Guidelines for entitlement of seats1. Represent marginalized and under-represented sectors2. Major political parties must comply with this statutory policy3. Party must be subject to the express constitutional prohibition against religious sects4. Party must not be disqualified under RA 74915. Party must not be an adjunct of an entity or project funded by the government6. Party and nominees must comply with the requirements of the law7. Nominee must also represent a marginalized or under-represented sector8. Nominee must be able to contribute to the formulation and enactment of appropriate

legislation that will benefit the nation(Ang Bagong Bayani – OFW Labor Party vs. COMELEC)Choosing Party-list Representatives

Proclaimed by the COMELEC based on the list of names submitted by the respective parties, according to their rakingEffect of change of affiliation


Forfeit his seat. Provided that if changes political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.Vacancy

Shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party who shall serve the unexpired term. If list is exhausted, the party shall submit additional nominees.

Election1. Regular 2. Special – elected member shall serve only for the unexpired portion of the term

Salaries1. Determined by law2. No increase until after the expiration of the full term of all member of Congress.

Privileges1. Freedom from arrest

- In all offenses punishable by not more that 6 years imprisonment- While Congress is in Session

Under the RPC:Penalty of Prision mayor shall be imposed upon any person who shall use force, intimidation,

threats or fraud to prevent any member of National Assembly from attending the meetings of the Assembly or of any of its committees... from expressing his opinions or casting his vote.

Penalty of Prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly is in regular or special session:

a. Arrest or search any member thereof except:- Such member has committed a crime punished by a penalty higher than prision

mayor.2. Privilege of Speech and of debate

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

Member of Congress may be held to account for such speech or debate by the HR to which it belongs

Disqualifications

1. Incompatible Office“ No Senator or Member of the HR may hold any other office or employment in the Government or any subdivision, agency, or instrumentality thereof including GOCC or their subsidiaries during his term without forfeiting his seat.”

Forfeiture of the seat shall be automatic Except when member holds office in ex-officio capacity.2. Forbidden Office

“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.”

The ban shall last only for the duration of the term for which the member of Congress was elected.

Other Inhibitions1. Cannot appear as counsel before any:

a. Court of justiceb. Electoral Tribunal c. Quasi-judicial or administrative Bodies

2. Directly or Indirectly be interested financially in any:a. Contract b. Franchisec. Privilege


Granted by the Government, 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. What is prohibited is PERSONALLY appearing as counsel Upon assumption of Office, must make a full disclosure of financial and business interest. Notify the house of any potential conflict of interest that may arise from the filing of a proposed

legislation of which they are authors.

Sessions

Regular SpecialOnce a year on the 4th Monday of July, unless a different date is fixed by law, and shall continue for such number of days as it may determine until 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal Holidays.

Called by the President at any time, usually to consider legislative measures which the president may designate in his call

Joint Sessions

Voting Separately Voting Jointly1. Choosing the president2. Determine President’s disability3. Confirming nomination of the VP4. Declaring the existence of state of war5. Proposing constitutional amendments

Revoke or extend proclamation suspending the privilege of the Writ of Habeas Corpus or placing the Philippines under martial Law

AdjournmentNeither House during the sessions of Congress shall, without the consent of the other adjourn

for more than 3 days, nor to any other place than that in which the 2 Houses shall be Sitting.

Officers1. Senate President2. Speaker of the House Majority vote of all its respective members Each house shall choose such other officers as it may deem necessary

QuorumMajority of each House, 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 determine. The basis in determining the existence of a quorum in the Senate shall be the total number of

senators who are in the country and within the coercive jurisdiction of the Senate.Discipline of members

House may punish members for disorderly behaviour.Suspend a member with concurrence of 2/3 of all its members for not more than 60 days or

expel a member. Grounds for disorderly behaviour is a Political question.

Records and books of accountPreserved and open to the public in accordance with law.Audited by COA which shall publish annually an itemized list of amounts paid to and expenses

incurred for each member.

Legislative journal and Congressional RecordMatters which, under the constitution are to be entered into the journal


1. Yeas and nays on 3rd and final reading of a bill2. Veto message of the President3. Yeas and Nays on the repassing of a bill vetoed by the President4. Yeas and Nays on any question at the request of 1/5 of members present

Enrolled Bill Theory 1. Duly introduced and finally passed by both Houses2. Authenticated by the proper officers of each3. Approved by the President Conclusive upon the courts as regards tenor of measure passed by Congress and approved by

the President. Court is bound under the doctrine of Sep. Of powers by the contents of a duly authenticated

measure of the legislature Enrolled Bill prevails over Journal Entry, except to matters which, under the Constitution are

required to be entered in the Journal.Congressional Record – Each House shall also keep a Record of its proceedings.

Electoral TribunalsComposition

- 3 SC justices – designated by the Chief Justice- 6 members of House concerned- chosen on the basis of proportional

representation from political parties registered under the party-list system represented therein.

- Senior justice – Chairman HRET is a non partisan-court – independent of Congress and devoid of partisan influence and

consideration. Disloyalty to the party and breach of party discipline are not valid grounds for expulsion Members of HRET enjoy security of tenure

PowerSole judge of all contests relating to the election, returns and qualifications of their

respective members. HRET may assume jurisdiction only after the winning candidate shall have been duly proclaimed,

taken his oath, and assumed functions of office Decision of HRET reviewable by Certiorari under Rule 65

Commission on AppointmnetsComposition

- Senate president – ex officio Chairman- 12 senators - 12 members of HR

Elected by each house on the basis or proportional representation from the political parties registered under the party-list system represented therein.

Chairman shall not note except in case of a tie

Powers Act on all appointments submitted to it within 30 days of Congress from their submission. Commission shall rule by a majority vote of its members Shall meet only while congress is in session at the call of chairman or a majority of all its

members

The COA is independent of the two Houses of Congress. Its employuees are not technically employees of Congress.

Has the power to promulgate its own rules and regulations

Powers of Congress


I. General Legislative Power – power to propose, enact, amend and repeal laws.a. Limitations

SubstantiveExpress

- Bill of Rights- On Taxation- Constitutional appellate jurisdiction of the SC- No law granting a title of royalty or nobility shall be passé

Implied- Non-delegation of powers- Prohibition against passage of irrepealable laws.

Procedural1. Only one subject to be expressed in the title thereof2. Three readings on separate days – except when president certifies to its immediate

enactment to meet a public calamity or emergencyb. Legislative Process

A. Requirements as to bills1. Only one subject to be expressed in the title thereof2. The following shall always originate from HR

- Appropriation- Revenue/ Tariff Bills- Bills authorizing increase of public debt- Bills of local application- Private Bills

B. 3 readings- No Bill shall become a law unless it has passed 3 readings on separate days and

printed copies thereof in its final form have been distributed to its members 3 days before its passage. Except when president certifies to its immediate eneactment to meet a public calamity or emergency.

C. Approval of Bills - Bill becomes a law in any of the following cases:

a. President approves the same and signs itb. Congress overrides the Presidential Veto – overridden upon a vote of 2/3 of

all members of the House of Origin and the other House. - No pocket veto- Partial veto as a rule is invalid. It is allowed only for particular items in an

appropriation, revenue or tariff bill.- Legislative Veto – the legislature can block or modify administrative action taken

under a statute. May be negative or affirmative. Subject to serious questions involving the principle of separation of powers.

- When president fails to act upon the bill for 30 days from receipt thereof, the bill shall become a law as if he had signed it.

II. Power of Appropriation- The power of the purse belongs to congress, subject only to the veto power of

the president.- Power of appropriation carries with it the power to specify the project or

activity to be funded under the appropriation law. It can be as broad as Congress wants it to be.A. Need for appropriation

No money shall be paid out of the Treasure except in pursuance of an appropriation made by law.

B. Appropriation LawStatute, the primary and specific purpose of which is to authorize the release of public funds from the Treasury

C. Classification


a. General Appropriation Law – Passed annually to provide for the financial operations of the entire government during one fiscal period

b. Special appropriation law – designed for a specific purposeD. Implied limitations on appropriation measures

a. Devoted to Public Purposeb. Sum must be determinate or at least determinable

E. Constitutional limitations on Special Appropriation measuresa. Specify public purpose b. Supported by funds actually available as certified by National Treasurer

F. Constitutional Rules on General Appropriations Lawa. Congress may not increase the appropriations recommended by the

President b. The form, content and manner of preparation of the budget shall be

prescribed by lawc. No provision or enactment shall be embraced unless it relates

specifically to some particular appropriationd. Strictly follow the procedure for approving appropriations for other

departments and agenciese. Prohibition against transfer of appropriationf. Prohibition against appropriation for sectarian benefitg. Automatic appropriation

G. Impoundment – refusal by the president for whatever reason to spend funds made available by congress. Failure to spend or obligate budget authority of any type.

III. Power of TaxationLimitations1. Uniform and equitable. Progressive system of Taxation.2. Charitable institutions etc. All lands, buildings ADE used for religious, charitable,

or educational purposes exempt from taxation3. All revenues, assets on non-stock, non-profit educational institutions used ADE

for educational purposes exempt from taxes and duties4. Law granting tax exemption shall be passed only with the concurrence of the

majority of all the members of congress.IV. Power of Legislative investigation.

- Congress may conduct inquiries in aid of legislation, in accordance with duly published rules of procedure.

- Rights of persons appearing therein or affected by such inquiry shall be respected.

Limitations:a. In aid of legislationb. In accordance with duly published rules of procedurec. Rights of persons appearing in or affected by such, inquiry shall be respected.

Power to Punish contemptMay include imprisonment, for the duration of the session. Senate being a

continuing body, may order imprisonment for an indefinite period. But always consider due process.

V. Question HourHeads of department may upon their own initiative, with the consent of the President

or upon request of either House, appear before and be heard by such House on any matter pertaining to their departments.

Inquiry in aid of legislation Question HourElicit information that may be used for legislation Obtain information in pursuit of congress’

oversight function.


VI. War PowersVote of 2/3 of both Houses in joint session assembled, voting separately, may declare existence of a state of war.

VII. Board of Canvassers in election of President- Congress may validly delegate the initial determination of the authenticity and

due execution of the certificates of canvass to a joint Congressional Committee composed of The HR and of the Senate.

VIII. Power to call special election for President and Vice presidentIX. Power to judge President’s physical fitness to discharge the functions of the

presidencyX. Power to revoke or extend suspension of the privilege of the Writ of Habeas

Corpus or declaration of martial lawXI. Power to concur in presidential amnesties. Concurrence of majority of all the

members of congress.XII. Power to concur in treaties or international agreements. Concurrence of at least

2/3 of all the members of the SenateXIII. Power to confirm certain appointments or nominations made by the president

- Nomination made by the President in the event of a vacancy in the office of VP, from among the members of Congress confirmed by a majority vote of all the members of both houses of Congress, separately.

XIV. Power of ImpeachmentXV. Power relative to natural resourcesXVI. Power to propose amendments to the constitution


EXECUTIVE DEPARTMENT“Section 1. The executive power shall be vested in the President of the Philippines.”

Sec. 1 is the most powerful provision because:- It is a source of all inherent powers- Political Authority of the president is the people

U.S. Biak-na-Bato Malolos 1935 1973 1987A The The A

(Commonwealth government eh)

The The

The President

Qualifications: 1. Natural-born citizen of the Philippines2. Registered voter3. Able to read and write4. At least 40 years old on the day of the election5. Resident of the Philippines for at least ten years immediately preceding such election

Electiona. Regular Election- Second Monday of Mayb. Congress as canvassing boardc. Supreme court as Presidential Electoral Tribunal

Term of Officea. No re-election- 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. b. The 6 year term of President and Vice President is for purposes of synchronization of elections.

Oath of OfficeOath of Office

“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.)

Borrowed from U.S. “So help me God” introduced by George Washington Clinton vs. Jones – A suit can be filed against the president if the conduct is not related to the

office’s official functions. Benjamin Franklin introduced prayer in Congress in the 1787 Constitutional Convention.

Privilegesa. Official residenceb. Salary – determined by law, shall not be decreased during tenure. No increase until after the

expiration of the term of the incumbent during which such increase was approved.c. Immunity from suit – while immune from suit, president may still institute suit

Immune from civil liability After tenure, President cannot invoke immunity from suit fro civil damages arising out of

acts done by him while he was president which were not performed in the exervcise of official duties


Alter ego of president cannot invoke immunity from suit because the questioned acts are not the acts of the President but merely those of a department secretary

d. Executive Privilege- the right of the president and high-level executive branch officials to withhold information from Congress, the courts and ultimately the public. Started during Nixon AdministrationWhat it covers:1. Presidential conversation, correspondences or discussions during closed-door cabinet

meetings

Cannot be pried open by a co-equal branch of the government Being an exemption from the obligation to disclose information, the necessity for

withholding the information must be of such a high degree as to outweigh public inerest

Prohibitions/Inhibitions a. Shall not receive any other emoluments from the government or any other sourceb. Unless otherwise provided in this Constitution, shall not hold any other office or employment

The VP may be appointed to the Cabinet without the need of confirmation by the Commission on Appointments

EO 284 which allowed cabinet members to hold two other offices in government is unconstitutional , in direct contravention of Sec. 13, Art. VII.

Executive official s may occupy posts in an ex-officio capacity without additional compensation and as required by the primary functions of the said official’s office.

c. Shall not directly or indirectly:- Practice any other profession- Participate in any business- Be financially interested in any contract with or in any franchise or special privilege granted

by the government d. Strictly avoid conflict of interest in the conduct of their officee. May not appoint spouse or relatives by consanguinity or affinity within the 4 th civil degree as

members of:- Constitutional Commissions- Office of the Ombudsman- Secretaries- Under Secretaries- Chairmen or heads of bureaus or offices, including GOCC and their subsidiaries

Successiona. Vacancy at the beginning of the term:

Cause SuccessionDeath or permanent disability Vice President electFails to qualify Vice President elect shall act as president until

President-elect shall have qualifiedNot chosen Vice President elect shall act as president until

a president shall have been chosen and qualified

No President and vice president chosen nor shall have qualified or both shall have died or become permanently disabled

President of the Senate, or in case of his inability, the Speaker of the HR shall act as president until a president and vice president shall have been chosen and qualified. In the event of inability of the officials mentioned, congress by law shall provide for a manner in which one who is to act president shall be selected until a president or VP shall have qualified.

b. Vacancy during the term

Cause Succession


Death, permanent disability, removal from office, resignation

Vice President shall become the president

Death, permanent disability, removal from office, or resignation of P and VP

Senate President, in case o inability, Speaker of HR shall act as President until a P or VP shall be elected and qualified. Congress by law, shall provide for the manner in which one is to act as President in the event of inability of the officials mentioned above.

c. Temporary disability President transmits to the Senate President and the Speaker his WRITTEN DECLARATION

that he is unable to discharge the powers and duties of his office. Until he transmits to them written declaration to the contrary, such powers and duties shall

be discharged by the VP as acting President

Majority of all the members of the Cabinet transmits to the Senate president and the Speaker their written declaration that the president is unable to discharge the powers and duties of his office, VP shall immediately assume powers and duties of the office as ACTING PRESIDENT

When president transmits to the Senate President and Speaker his written declaration that no inability exists, he shall reassume the powers and duties of his office.

Within 5 days, majority of the members of the Cabinet transmit to the Senate president and Speaker their written declaration that the president is unable to discharge the powers and duties of his office, Congress shall decide the issue.

For this purpose, the Congress shall convene, if not in session, within 48 hours.

If within 10 days from receipt of the last written declaration or;

If not in session, within 12 days after it is required to assemble, Congress determines by a 2/3 vote of both Houses, voting separately that the president is unable to discharge the powers and duties of his office, the VP shall act as President.

Otherwise the president shall continue exercising the powers and duties of his office

d. Constitutional duty of Congress in case of vacancy in the offices of President and VP1. At 10:00 AM of the 3rd day after the vacancy occurs2. Congress shall convene without the need of a call3. Within 7 days enact a law calling for a special election to elect a president and VP4. To be held not earlier than 45 nor later than 60 days from the time of such call5. The Bill shall be deemed certified and shall become law upon its approval on third reading

by Congress6. Convening of Congress cannot be suspended nor the special election postponed7. No special election shall be called if the vacancy occyrs within 18 month before the date of

the next presidential election.

Removal of the PresidentImpeachment

Article XI

Sec. 2

Who may be impeached? 1. President


2. VP3. Members of SC4. Members of Constitutional Commissions5. Ombudsman

On what ground?1. Culpable violation of the Constitution2. Treason3. Bribery4. Graft and Corruption 5. Other high crimes6. Betrayal of public trust

Sec. 3

Who may initiate case of impeachment?

Only the House of Representatives/citizen upon resolution or endorsement by any member of the HR

What is the process of impeachment?

Inquiry of Impeachment Direct ResolutionResolution


Any member of the HR or Citizen of the Philippines upon

resolution or endorsement by any member of the HR

FILES A VERIFIED COMPLAINT

At least 1/3 of all members of the HR file a VERIFIED COMPLAINT

OR RESOLUTION

Include in the order of business of HR within

10 session days

Referred to JUDICIARY COMMITTEE within 3

session days

Judiciary committee HOLDS HEARINGS and

INVESTIGATES CHARGES

Powers of the President

1. Executive Power2. Power to enforce and administer the laws. 3. As the administrative head of the Government, the President is vested with the power to

execute, administer and carry out laws into practical operation.4. Power of carrying out the laws into practical operation and enforcing their due observance

Authority to reorganize the Office of the President by virtue of Administrative Code of 1987 (EO 292). Sec. 31 (1) President Proper Sec. 31 (2) (3) Outside of the Office of

President ProperAbolishing, consolidating or merging units or by transferring functions from one unit to another

Limited to merely transferring functions or agencies from the Office of the President to Departments or Agencies and vice versa


COMMITTEE after hearing and MAJORITY VOTE of all its members SUBMITS REPORT to HR within 60 session days

with resolution

CALENDARED for CONSIDERATION by HR within 10 session days

At least 1/3 of all members of HR

AFFIRMS or OVERRIDES Article of Impeachment

ARTICLES OF IMPEACHMENT is SENT to the SENATE which have the sole power to try and decide all cases of

impeachment.

Prosecutors: Fixed number of members of HR

Jurors: FULL SENATE

When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote.

SENATE VOTES in OPEN SESSION on each Articles of Impeachment

CONVICTION upon concurrence of 2/3 vote of ALL the MEMBERS OF THE SENATE

2. AppointmentsAppointment – selection, by authority vested with the power, of an individual who is to exercise the functions of a given office. Designation – the imposition of additional duties, usually by law, on a person already in the public service. Commission – written evidence of appointmentClassifications of AppointmentsPermanent TemporaryExtended to persons possessing the qualifications and requisite eligibility and are thus protected by Security of Tenure

Given to persons without such eligibility, revocable at will and without the necessity of just cause or a valid investigation made on the understanding that the appointing power has not yet decided on a permanent appointee and that the temporary appointee maybe replaced at any time a permanent choice is made.

Regular Ad InterimOne made by the president while Congress is in session takes effect only after confirmation by the Commission on Appointments. Once approved continues until the end of term of the appointee

One made by the president while congress is not in session, takes effect immediately, but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of Congress.

Who are the officials that may be appointed by the President?The President shall nominate and with the consent of Commission on Appointments appoint the following.

1. Heads of executive departments2. Ambassadors or other public ministers and consuls3. Offices of the armed forces from the rank or colonel or naval captain4. Those other officers whose appointments are vested in him in the Constitution

Steps in appointing process1. Nomination by the President2. Confirmation by the Commission on Appointments3. Issuance of the commission 4. Acceptance by the appointee

Discretion of Appointing AuthorityAppointment is essentially a discretionary power and must be performed by the officer in which

it is vested according to his best lights, the only condition being that the appointee should possess the minimum qualifications.

Discretion also includes determination of the nature or character of the appointment.

Special Constitutional Limitations on the President’s appointing power:1. May not appoint his spouse and relatives by consanguinity or affinity within the fourth civil

degree as Members of the Constitutional Commissions, as ombudsman, or as Secretaries, undersecretaries, chairmen or heads or bureaus or offices, including GOCC

2. Appointments by ACTING president shall remain effective unless revoked by the ELECTED president within 90 days from his assumption of office

3. 2 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 will prejudice public service or endanger public safety

3. The power of removalGeneral Rule: Implied from the power of appointment. For cause and in accordance with

prescribed administrative procedure.


Exception: When constitution prescribes certain methods for separation of such officers from public service.

4. The power of controlControl – power of an officer to alter or modify or nullify or set aside what a subordinate officer

had done in the performance of his duties and to substitute his judgement for that of the latter’s.Supervision – overseeing, or the power or authority of an officer to see that subordinate officers

perform their duties and if the latter fail or neglect to fulfil them, then the former may take such action or steps as prescribed by law to make them perform these duties.

Alter Ego Principle“Doctrine of qualified political agency”Recognizes:1. The establishment of a single executive and administrative organizations are adjuncts of the

Executive Department;2. The heads of the various executive departments are assistants and agents of the Chief

Executive3. Except in cases where Chief executive is required by the constitution or law to act in person

or the exigencies of the situation demand that he act personally, the administrative functions are performed by and through the executive departments and the acts of the Secretaries of such departments performed and promulgated in the regular course of business are, unless disapproved or reprobated by the Chief Executive presumptively the acts of the Chief executive.

AppealDecisions of subordinate executive officers are appealable to the President. This completes the

exhaustion of administrative remedies. Except when the doctrine of qualified political agency applies in which case the decision of the

cabinet secretary carries the presumptive approval of the president then there is no need to appeal the decision to the president in order to complete exhaustion of administrative remedies.Power of General Supervision over local governments

Can only interfere in the affairs and activities of a local government unit if he or she finds that the latter had acted contrary to law.

5. Military PowersThe 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 cases of invasion or rebellion, when the public safety requires is, he may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or palce the Philippines or any part thereof under martial law.

6. Commander-in chief Clausea. The president shall be the commander in chief of the Philippines.

Ability of the President to require a military official to secure prior consent before appearing in congress

Most crucial to the democratic way of life, to civil supremacy over the military, and to the general stability of our representative system of government.

b. To call out such armed forces to prevent or suppress lawless violence, invasion or rebellionc. The power to organize courts martial for the discipline of the members of the armed forces,

create military commissions for the punishment of war criminals.

7. Suspension of the privilege of the writ of habeas corpusa. Grounds:

i. Invasion or rebellion, when public safety requires it


b. Duration: i. Not to exceed sixty days, following which it shall be lifted unless extended by Congress

c. President reports action to Congress personally or in writing within 48 hoursd. Congress may revoke or extend the effectivity of proclamation by a MAJORITY VOTE of all its

members VOTING JOINTLYe. SC may review in an appropriate proceeding filed by any citizen, the sufficieny of the factul 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 within 30 days from filing

f. Does not impair the right to bailg. Applies only to persons judicially charged for rebellion or offenses inherent in or directly

connected with invasionh. Any person arrested shall be judicially charged within 3 days, otherwise he shall be released.

8. Martial LawA 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.

9. Pardoning PowerExcept in cases of impeachment, or as otherwise provided in the 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.

Pardon Commutation Reprieve Parole AmnestyAct of grace which exempts the individual on whom it is bestowed from punishments

Reduction or Mitigation of the penalty

Postponement of a sentence or stay of execution

Release from imprisonment, but without full restoration of liberty

Act of grace concurred in by the legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself

Discretionary upon the president and may not be controlled by the legislature, reversed by the courts unless there is a constitutional violation.

Limitations on Exercise1. Cannot be granted in cases of impeachment2. Cannot be granted in cases of violation of election laws without the favourable

recommendation of the COMELEC3. Can be granted only after conviction by final judgment4. Cannot be granted in cases of legislative contempt or civil contemot5. Cannot absolve the convict of civil liability6. Cannot restore public offices forfeited

Classifications of Pardon1. Plenary or Partial2. Absolute or Conditional

Amnesty Totally extinguishes criminal liability One must admit his guilt of the offense covered by the proclamation

Amnesty Pardon


Political Offenses Infractions of peace of the StateClasses of Persons IndividualsNo need for distinct acts of acceptance Acceptance necessaryRequires concurrence of Congress Does NotPublic Act which the courts may take judicial notice of

Private Act which must be pleaded and proved

Looks backward and puts into oblivion the offense Looks forward and relieves the pardonee of the consequences of the offense

10. Borrowing PowerThe president may contract or guarantee foreign loans on behalf of the Republic.1. Prior concurrence of Monetary Board2. Subject to limitations under the law3. MB shall within 30 days from the end of every quarter, submit to the congress a complete

report of its decisions on applications for loans which would have the effect of increasing the foreign debt.

11. Diplomatic PowerNo treaty or international agreement shall be valid and effective unless concurred in by at least

2/3 of all the members of the SENATE.Treaty International AgreementInvolves political issues or changes of national policy

Adjustment of details carrying out well established national policies and traditions

Involving international agreements of a permanent character

Involving international agreements of a more or less temporary nature

Formal documents require ratification Binding through executive actionSame Binding Effects

12. Budgetary Power1. President shall submit to congress within 30 days from the opening of every regular session

as the basis of General Appropriations Act2. A budget expenditures and sources of financing, including receipts from existing and

proposed revenue measures

13. Informing PowersThe president shall address the congress at the opening of its regular session. He may also

appear before it at any other time.

14. Other Powers1. Call congress to a special session2. Power to approve or veto bills3. Consent to deputation of government personnel by the COMELEC4. Discipline such deputies5. Emergency powers, tariff powers delegated by the Congress6. Genereal supervision over LGU and autonomous regional governments

Vice President

Qualifications: 1. Natural-born citizen of the Philippines2. Registered voter3. Able to read and write4. At least 40 years old on the day of the election5. Resident of the Philippines for at least ten years immediately preceding such election

Electiona. Regular Election- Second Monday of May


b. Congress as canvassing boardc. Supreme court as Presidential Electoral Tribunal

Term of Office6 years. But no VP shall server for more than 2 successive terms. In case of vacancy, President shall nominate a Vice president from among the members of

the Senate and the HR who shall assume office upon confirmation by a majority vote of all the members of both Houses of Congress voting separately.

JUDICIAL DEPARTMENT


Least Dangerous Branch of the government – because possesses neither the power of purse nor sword.

Yet, important because of the power of Education and judgmentJudicial 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. – Roberto Concepcion.

Powers to amend and control its processes and orders includes the right to reverse itself. SC can look into the factual basis No Definition of Judicial power in U.S. until case of Marbury vs. Madison Lansang vs. Garcia – SC can look into the factual basis relative to suspension of the writ.

Where VestedIn one Supreme Court and in such lower courts as may be established by law

SC was called “Supreme Council of grace and justice” in Biak-na-Bato constitution Called “Supreme Court” in Malolos Constitution

JurisdictionThe power to hear and decide a case

Congress has the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the SC of its jurisdictions over cases

Section 5. The Supreme Court shall have the following powers:(1) Exercise original jurisdiction over cases affecting ambassadors other public ministers and

consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.(2) Review, revise, reverse, modify, or affirm on appeal or certiorari as the law of the Rules of

Court may provide, final judgments and orders of lower courts in:(a) All cases in which the constitutionality or validity of any treaty, international or executive

agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.(5) Promulgate rules concerning the protection and enforcement of constitutional rights,

pleading practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, the legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

No law shall be passed increasing the appellate jurisdiction of the SC as provided in the Constitution without its advice and concurrence

Constitutional Safeguards1. SC is a constitutional body, it may not be abolished by the legislature2. Members of the SC are removable only by impeachment3. SC may not be deprived of its minimum original and appellate jurisdiction. While appellate

jurisdiction may not be increased without its advice and concurrence.4. Supreme Court has administrative supervision over all inferior courts and personnel5. SC has the exclusive power to discipline judges/justices of inferior courts6. Members of the Judiciary have security of tenure


7. Members of the Judiciary may not be designated to any agency performing quasi-judicial or administrative functions

8. Salaries of judges may not be reduced, the judiciary enjoys fiscal autonomy Fiscal autonomy: Full flexibility to allocate and utilizetheir resources with the wisdom and

dispatch that their needs require.9. The SC alone may initiate and promulgate the Rules of Court10. The SC alone may order temporary detail of judges11. The SC can appoint all officials and employees of the judiciary

Power of Judicial Review/InquiryAppointment to JudiciaryQualifications

1. Of prove competence, integrity, probity and independence2. SC

a. Natural Born citizenb. At least 40 years of agec. 15 years or more a judge of a lower court or engaged in the practice of law in the

Philippines

3. Lower Collegiate Courtsa. Natural Born citizenb. Member of the Philippine Barc. Congress may prescribe other qualifications

4. Lower Courtsa. Citizen of the Philippinesb. Member of Philippine Barc. Congress may prescribe other qualifications

Procedure for Appointment1. Appointed by the President of the Philippines from among a list of at least three nominees

prepared by the Judicial Bar Council for every vacancy the appointment shall need no confirmation

2. Any vacancy in the SC shall be filled within 90 days from the occurrence thereof3. For lower courts, the President shall issue the appointment within 90 days from submission by

the JBS of such list

Judicial and Bar Council Recommend Screen Judges In 1935 and 1973, the role belonged to Commission of Appointments

Composition1. Ex-officio members

a. Chief justice – Chairmanb. Secretary of Justicec. Representative of Congress

2. Regular membersa. Representative of the IBP b. Professor of Lawc. Retired Justice of SCd. Representative of private Sector

AppointmentRegular members – appointed by the President for a term of 4 years with the consent of

Commission on Appointments.Powers/Functions

1. Principal function of recommending appointees to the judiciary2. May exercise such other functions and duties as the SC may assign it

The Supreme CourtComposition


1. A chief justice2. 14 Associate Justices

May sit en banc or in its discretion, in divisions of 3, 5 or 7 members Any vacancy shall be filled within 90 days from occurrence thereof

En banc/division casesEn banc

1. All cases involving the constitutionality of treaty, international or executive agreement or law2. Constitutionality, application or operation of presidential decrees, proclamations, orders,

instructions,, ordinances and other egulations

Division Other cases or matters may be heard in division and decided or resolved with the concurrence

of a majority of the members who actually took part in the deliberations on the issues and voted thereon, but in no case without the concurrence of at least 3 such members.

PowersOriginal Jurisdiction1. Cases affecting ambassadors, other public ministers and consuls2. Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpusAppellate Jurisdiction1. All cases in which the constitutionality or validity of any treaty, international or executive

agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question

2. All cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto

3. All cases in which the jurisdiction of any lower court is in issue4. All criminal cases in which the penalty imposed is reclusion perpetua or higher5. All cases in which only an error or question of law is involved

Temporary assignment of judgesAssignment shall not exceed six months without the consent of the judge concerned

Order change of venue Found in 1973 None in 1935

To avoid miscarriage of justiceRule Making Power

Promulgate rules concerning the protection and enforcement of constitutional rights pleading, practice and procedure in all courts, the admission to the practice of law the IBP and legal assistance to the underprivileged

Limitations1. Provide a simplified and inexpensive procedure for the speedy disposition of cases2. Must be uniform for all courts of the same grade3. Must not diminish, increase or modify substantial rightsIntegrated Bar – State-organized Bar, to which every lawyer must belong as distinguished from a

bar association organized by individual lawyers themselves, membership In which is voluntary.

Writ of Amparo Effective and inexpensive instrument for the protection of constitutional rights. Of Mexican

Origin and spread throughout the Western Hemisphere where it gradually evolved into various forms, depending on the particular needs of each country.

Available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

Sec. 14 of the Rule allows the grant by the court of interim reliefs, which may either be a temporary protection order, inspection order, production order or a witness protection order


No writ of amparo may be issued unless there is a clear allegation of the supposed factual and legal basis of the right sought to be protected.

Shall not issue when applied for as a substitute for the appeal or certiorari process or when it will inordinately interfere with these processes.Writ of Habeas Data

Independent remedy to protect the right to privacy, especially the right to informational privacy. Remedy available to any person whose right to privacy in life, liberty or security is violated or

threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, honor and correspondence of the aggrieved party.`Power of Appointment

SC appoints all officials and employees of the Judiciary in accordance with the Civil Service LawPower of Administrative Supervision

SC shall have administrative supervision over all courts and the personnel thereofAnnual Report

SC shall submit within 30 days from the opening of each regular session of Congress, to the President and to Congress an annual report on the operations and activities of the Judiciary

Consultations/Decisions of SCa. Conclusion is any case submitted to it for decision shall be reached in consultation before

the case is assigned to a member for the writing of the opinion of the court. A certification to this effect signed by the Chief Justice shall be issued. This requirement is also applicable to lower collegiate courts

Not applicable to administrative cases

b. Decision shall state clearly and distinctly the facts and the law on which it is based Not applicable to minute resolution dismissing a petition for habeas corpus, certiori or

mandamus, provided a legal basis is given Not applicable to administrative cases.

Memorandum decisions

Valid as it adopts by reference the findings of fact and conclusions of law contained in the decisions of inferior tribunals.

On the ground of expediency, practicality, convenience and docket status of the courts.

It cannot incorporate findings of fact and the conclusions of the law by lower courts only by means of remote reference which is to say that the challenged decision is not easily and immediately available to the person reading the memo decision.

Memorandum should actually embody the findings of facts and conclusions of law of the lower court in an annex attached to and made an indispensable part of the decision.

c. No petition for review or motion for reconsideration shall be refused due course or denied without stating the legal basis therefor.

Tenure of Judges/ Justices1. SC justices may be removed only be impeachment2. Lower court judges shall hold office during good behaviour until they reach the age of 70

years or become incapacitated to discharge the duties of their office.a. SC en banc shall have the power to discipline judges of lower courts, or order their dismissal

by a vote of a majority of the members who actually took part in the deliberations on the issues and voted thereon.

b. No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its members.

In the following countries, their constitution is silent on term:- Monaco


- Oman- Liechstenstein- Switzerland- Spain - San Marino- (Meron pa isa di ko maalala)

In the following countries, the term is for life- China- Brazil- Burma- Cuba- Czech Republic- Slovakia- Luxemburg- Netherlands- Portugal- (Meron pa dalawa di ko maalala)

SalariesFixed by law, may not ne decreased during their continuance in office.

Periods for Decision1. All cases filed after the effectivity of the Constitution must be decided or resolved from date of

submission within:- SC: 24 months- Lower Collegiate Courts 12 months- All lover courts: 3 months

2. Despite expiration of the mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted to it without further delay. - The court does not lose jurisdiction over the case despite the lapse of the mandatory period,

but the erring judge or justice may be subjected to administrative sanctions for the delay

CONSTITUTIONAL COMMISSION1935 1973 1987

COMELEC COMELEC COMELEC


General Auditing Office COA CSC

COA CSC

General Provisions

The independent constitutional commissions are:

1. Civil Service Comm2. COMELEC3. Commission on Audit

Safeguards ensuring the independence of Commissions:

1. They are constitutionally created; may not be abolished by statute2. Independent 3. Conferred w/ powers which cannot be reduced by statute 4. Chairmen & mem. may not be removed (except by impeachment) 5. Fairly long term- 7 yrs 6. Chairmen and mem. May not be reappointed or appointed in an acting capacity 7. Salaries- relatively high, may not be decreased during continuance in office 8. Fiscal autonomy 9. May promulgate its own procedural rules, provided they do not diminish, increase, modify

substantive rights (though subject to disapproval by SC) 10. Chairmen & mem- subject to certain disqualifications 11. May appoint their own officials/ employees in accordance w/ Civil Service Laws

INHIBITIONS/ DISQUALIFICATIONSShall not, during tenure:

1. Hold any other office/ employment2. Engage in practice of any profession 3. Engage in active management/ ctrl of any business w/c in any way may be affected by the

functions of his office 4. Be financially interested in any contract w/, or in any franchise/ privilege granted by the

gov’t/ subdivisions/agencies

Rotational scheme of Appointments:First appointees shall serve terms of 7, 5, and 3 years. After 1 st commish are appointed, the

rotational scheme is intended to prevent the possibility of 1 President appointing all the Commissioners

DECISIONS

a. Shall be by majority vote of ALL its members & decided w/in 60 days from the date of submission for decision (if it’s a case) or resolution (if it’s a matter)

b. Any decision, order or ruling of each Commission may be brought to SC on certiorari by the aggrieved party w/in 30 days from receipt of a copy thereof.

ENFORCEMENT OF DECISIONFinal decisions of the CSC are enforceable by a writ of execution that the CSC may itself issue

CIVIL SERVICE COMMISSION

COMPOSITION:Chairman + 2 Commissioners-

1. Natural born citizens2. At least 35 y/o at the time of appointment3. Proven capacity for public administration


4. Must not have been candidates for any elective position in the election immediately preceding appointment

5. Appointed by the President w/ consent of Commission on Appointments for a term of 7 yrs w/o reappointment

6. In no case shall any member be appointed or designated ina temporary or acting capacity

CONSTITUTIONAL OBJECTIVES/ FUNCTIONSAs the central personnel agency of the Gov’t:

1. To establish a career service & adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.

2. To strengthen the merit & rewards system, integrate all human resources development programs for all levels and ranks and to institutionalize a management climate conducive to public accountability [Sec. 3, Art. IX- B]

Enjoys a wide latitude of Discretion and may not be compelled by mandamus to issue such eligibility.

Under the Administrative Code of 1987, the CSC has the power to hear & decide administrative cases instituted before it directly or on appeal, including contested appointments. The Omnibus Rules implementing the Administrative Code provides, among others, that notwithstanding the initial approval of an appointment, the same may be recalled for violation of other existing Civil Service laws, rules and regulations. The power of CSC includes the authority to recall an appointment initially approved in disregard of applicable provisions of the CS law & regulations [Mathay v. CSC]

Commission has orig jurisdiction to hear & decide a complaint for cheating in the Civil Service examinations committed by gov’t employees. The fact that the complaint was filed by the CSC itself does not mean that it cannot be an impartial judge. [Cruz v. CSC]

No appellate jurisdiction incase of separation from government service

SCOPE OF CIVIL SERVICEAll branches, subdivisions, instrumentalities and agencies of the Gov’t including GOCC w/

original charters. [Sec. 2 (1) Art. IX B]

CLASSES OF SERVICE

A. Career Service

Characterized by entrance based on merit and fitness to be determined, as far as practicable by competitive examinations, or based on highly technical qualifications;

Opportunity for advancement to higher career positions; and security of tenure. Positions Included in Career Service:

a. Open career positions where prior qualification in an appropriate examination is requiredb. Closed career positions, e.g., scientific or highly technical in naturec. Career Executive Service, e.g., undersecretaries, bureau directors, etcd. Career Officers (other than those belonging to the Career Executive Service) who are appointed

by the President, e.g., those in foreign officee. Positions in the AFP, although governed by separate merit systemf. Personnel of GOCC w/ orig chartersg. Permanent laborers whether skilled, semi-skilled, or unskilled

Security of Tenure in the Career Executive Service, requisites:1. Career executive service eligibility 2. Appointment to the appropriate career executive service rank

It must be stressed that the security of tenure of employees in the career executive service (except first & second level employees in the civil service) pertains only to rank and not to the office or to the position to which they may be appointed. Thus, a career executive officer may be


transferred or reassigned from 1 position to another w/out losing his rank w/c follows him wherever he is transferred or reassigned.

B. Non-Career Service (NCS)

Characterized by1. Entrance on bases other than those of the usual tests utilized for the career service2. Tenure limited to that specified by law or which is coterminous with that of the appointing

authority or subject to his pleasure, or3. Which is limited to duration of a project for w/c purpose the employment was made.

Officers & Employees Embraced in NCS:1. Elective officials2. Department heads and officials of Cabinet rank who hold office at the pleasure of the President,

& their personal & confidential stuff3. Chair & mem. Of commissions and boards w/ fixed terms of office 4. Contractual personnel or those whose employment in the government is in accordance w/ a

special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished w/in a specific period not exceeding 1 year, under their own responsibility, w/ the minimum direction & supervision

5. Emergency & seasonal personnel

APPOINTMENTS IN THE CIVIL SERVICEMade only according to merit & fitness to be determined as far as practicable, and except to

positions w/c are policy determining, primarily confidential, or highly technical, by competitive examination [Sec. 2 (2) Art. IX-B]

Permanent appointment can issue only to a person who possesses all the requirements for the position to which he is appointed. An exception to this rule is where, in the absence of appropriate eligibles, he or she may be appointed temporarily for a period of 12 months.

Exempt from competitive examination1. Policy determining - where officer lays down principal or fundamental guidelines or rules or

formulates method of action for gov’t or any of its subdivisions e.g. department head2. Primarily Confidential - denoting not only confidence in the aptitude of the appointee for

the duties of the office but primarily close intimacy w/c ensures freedom of intercourse w/out embarrassment or freedom from misgivings or betrayals on confidential matters of the state; or one declared to be so by the President upon recommendation of CSC

3. Highly Technical- requires possession of technical skills or training in a superior degree. e.g. PNB legal counsel

DISCRETION OF APPOINTING AUTHORITYAppointing authority has the right of choice w/c he may exercise freely according to his best

judgment, deciding for himself who is best qualified among those “eligibles”. Final choice of appointing authority should be respected and left undisturbed.

ROLE OF CSCCheck if the appointee possesses the qualifications and appropriate eligibility. If he does, his

appointment is approved; it is not, if disapproved. The committees work is recommendatory and does not fix a stringent formula regarding the mode of choosing from among thee candidates.

DISQUALIFICATIONSa. No candidate who has lost in any election shall, w/in 1 yr after such, be appointed to any office

in the GOV’T/ gocc [Sec 6, Art IX B]b. No elective official shall be eligible for appointment or designation in any capacity to any public

office or position during his tenure [Sec 7 (1) Art. IX B]


c. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Gov’t or any subdivision, agency, instrumentality, including GOCC/ subsidiary [Sec 7 (2) Art IX-B]

SECURITY OF TENURE No officer or employee of the CS shall be removed or suspended except for cause provided by

law [Sec 2 (3) Art IX B] Unconsented transfer of the officer, resulting in demolition in rank or salary, is a violation of the

security of tenure clause in the Constitution. When an employee is illegally dismissed, & his reinstatement is later ordered by the Court, for

all legal intents & purposes he is considered as not having left his office, and notwithstanding the silence of the decision, he is entitled to backwages [Del Castillo v. CSC]

Security of tenure in Career Executive Service pertains to rank, not to the position to which the employee may be appointed [General v. Roco]

Reorganization of office does not necessarily result in abolition of the office, and does not justify the replacement of permanent officers & employees. But where, as a result of the reorganization, employees were effectively demoted by their assignment to positions lower than those they previously held, there is violation of security of tenure, and CSC may order reinstatement.

Under ROC, a career service officer or ee unlawfully ousted from his office has 1 yr to file an action in court to recover his office, otherwise it prescribes.

Partisan political ActivityNo officer or employee in the CS shall engage, in any electioneering or partisan political

campaign [Sec 2 (4) Art IX B] The CS Law prohibits engaging directly or indirectly in any partisan political activity or taking part

in any election except to vote, or use official authority to coerce the political activity of any person or body. But this does not prevent expression of views on current political issues, or mention the names of candidates for public office whom the public officer supports.

Military is covered by this provision Exempt from this provision are the mem of the Cabinet and public officers & employees holding

political offices (who are allowed to take part in political & electoral activities, except to solicit contributions from their subordinates or commit acts prohibited under Election Code)

RIGHT TO SELF- ORGANIZATIONThis right shall not be denied to gov’t employees [Sec. 2 (5) Art IX B]

But they may not engage in strikes to demand changes in the terms & conditions of their employment

Protection to temporary employees (TE) TE shall be given such protection as may be provided by the law [Sec 2 (6) Art IX B]

STANDARDIZATION OF COMPENSATIONCongress shall provide for standardization of compensation of government official & employees,

including those in GOCC w/ orig charters, taking into account the nature of responsibilities pertaining to and the qualifications required for their positions. [Sec 5 Art IX B]

DOUBLE COMPENSATIONNo elective or appointive public officer or employee shall receive additional, double, or indirect

compensation unless specifically authorized by law, nor accept w/out the consent of Congress, any present emoluments, office or title of any kind from any foreign government. Pensions and gratuities shall not be considered as additional, double or indirect compensation. [Sec 8 Art 9B]

OATH OF ALLEGIANCEAll pub. Off/ ee shall take an oath or affirmation to uphold & defend the Constitution


COMELECComposition

a. Chairman + 6 Commisioners: 1. Natural born Fil cit.2. At least 35 yo3. Holders of college degree4. Have not been candidates in the immediately preceding election5. Majority, including the Chairmen, must be mem. Of the Phil Bar who have been engaged in

the practice of law for at least 10 yrs.6. They shall be appointed by the Pres. w/ the consent of the CoA for a term of 7yrs w/o

reappointment. No member shall be appointed or designated in a temporary or acting capacity.

En Banc & Division CasesIt may sit en banc or in 2 divisions, & shall promulgate its rules of procedure in order to expedite

disposition of election cases, including pre proclamation controversies. All such election cases shall be heard & decided in division, provided that motions for reconsideration shall be decided en banc

Division Cases (Quasi-Judicial or adjudicatory functions)a. All election cases including pre- proclamation contests, originally cognizable by the

Commission in the exercise of its powers under sec. 2 (2) Art IX C of the Constitution.b. Over petition to cancel a certificate of candidacyc. Cases appealed from RTC or MTCd. Petition for certiorari filed w/ the commission from a decision of the RTC or MTC

EN BANC (Administrative)1. Promulgation of rules concerning pleadings & practice before it but they must not diminish,

increase or modify substantive rights.2. Petition for correction of manifest errors since it alleges an erroneous copying of figures

from the election return to the Statement of Votes by precinct. Such error which merely requires a clerical correction without opening the ballot boxes or examining the ballots demands only the exercise of administrative power of the COMELEC

3. Manifest errors in tabulation or tallying of results.4. Prosecution of violation of election laws

Only decisions of COMELEC en banc are reviewable by the SC- File motion for Reconsideration first- Doctrine of Exhaustive Administrative Remedies

CONSTITUTIONAL POWERS AND FUNCTIONSA. Enforce and administer all laws & regulations relative to the conduct of an election, plebiscite,

initiative, referendum or recall

Initiative- power of people to propose amendments to the Constitution or to propose and enact legislation through an election.

1. Initiative on the Constitution2. Initiative on Statutes3. Initiative on local legislation

Referendum- power of electorate to approve or reject legislation through an election called for the purpose(referendum on statutes & ref. on local laws)

Recall- termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate.


Plebiscite- submission of Constitutional amendments or impt legislative measures to the people for ratification

B. Exclusive Original jurisdiction over all contests relating to the election, returns & qualifications of all elective regional, provincial and city officials. Exclusive appellate jurisdiction over all contests involving elective barangay officials decided by the MTC, and decisions therein shall be final, executor and unappealable.

C. Decide, save those involving the right to vote, all questions affecting elections, including determination of the number & location of polling places, appointment of election officials and inspectors, & registration of voters.

D. Deputize, w/ concurrence of President, law enforcement agencies & instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections.

E. Register, after sufficient publication, political parties, organizations, or coalitions w/c must present their platform or program of govt; accredited citizen’s arms

F. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of voters; investigate, and where appropriate, prosecute cases of violations of election laws

G. Recommend to Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractice, and nuisance candidates.

H. Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite, ref., initiative or recall

STATUTORY POWERS

BP 881- Exercise supervision & ctrl over officials required to perform duties relative to the conduct of elections, promulgate rules & regulations, punish contempt inquire into financial records of candidates, groups, etc., prescribe forms to be used in elections, procure supplies and materials needed for the election, enlist non- partisan groups to assist it, fix period for pre-election requirements, etc.

a. Power to declare failure of election; call for special electionsb. Exclusive orig juris over all pre- proclamation controversies

PARTY LIST SYSTEMA free and open party list system shall be allowed to evolve according to the free choice of the

people.

ELECTION PERIODUnless otherwise fixed by the Commission in special cases, shall commence 90 days before the day

of the election & shall end 30 days thereafter.

JUDICIAL REVIEW OF COMELEC DECISIONSA petition for certiorari under Rule 65 of the RoC, filed w/ the SC w/in 30 days from receipt of a copy

of final order, or decision of the Commission en banc.

COMMISSION ON AUDIT

Composition, Appointment


Chairman & 2 Commissioners, who shall bea. Natural born Filipino citizensb. At least 35c. CPAs w/ not less than 10 yrs of auditing experience OR mem of the Phil bar w/ at least 10 yr

practice of lawd. Must not have been candidates in the election immediately preceding the appointmente. At no time shall all mem belong to the same professionf. Appointed by the Pres w/ CoA consent for a term of 7 yrs w/o reappointment

POWERS, DUTIESa. Examine, audit, & settle all accounts pertaining to the revenue and receipts of, & expenditures

or uses of funds and property owned or held in trust or pertaining to, the Gov’tb. Keep the gen. accts of the govt and preserve vouchers and supporting papers for such period as

provided by lawc. Authority to define the scope of its audit and examination, establish techniques and methods

required therefor.d. Promulgate accounting and auditing rules & regulations including those for the prevention &

disallowance of irregular, unnecessary, expensive, extravagant, or unscionable expenditures or uses of government funds or property.

Jurisdiction of the commissionNo law shall be passed exempting any entity of Gov’t, or any investment of public funds, from the

jurisdiction of the CoA. CoA has the authority to investigate whether directors, officials or employees of government-

owned and contro0lled corporations, receiving additional allowances and bonuses are entitled to such benefits under applicable laws.

ACCOUNTABILITY OF PUBLIC OFFICERS


1935 1973 1987VIRTUES

None Highest Degree of Responsibility

Integrity Loyalty Efficiency

Utmost Responsibility Integrity Loyalty Efficiency Patriotism Justice Modest lives

IMPEACHMENTGrounds:

Culpable violation of the constitution

Treason Bribery Other High crimes

Who: President Chief Justice Auditor General

Grounds: Culpable violation of the

constitution Treason Bribery Other High crimes Graft and Corruption

Who: President Chief Justice and

associate justices of SC (am not sure)

Chair and members of Con-Com

Grounds: Culpable violation of the

constitution Treason Bribery Graft and Corruption Other High Crimes Betrayal of Public trust

Who: President Vice President Chief justice and

associate justices of the SC

Chair and members of:- Con-Com- Ombudsman

TANOD BAYANNone Yes Yes

Statement of PolicyPublic office is public trust. Public Officers and employees must at all times be accountable to the

people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act w/ patriotism and justice and lead modest lives

ImpeachmentA national inquest into the conduct of public men

Impeachable officers:1. Pres2. VP3. CJ and assoc justices of SC4. Chair & mem of:

a. ConComb. Ombudsman

Exclusive

Grounds for impeachment (exclusive enumeration)1. Culpable violation of the Consti2. Treason3. Bribery4. Graft & corruption5. Other high crimes6. Betrayal of pub. Trust


Who may initiate case of impeachment?Only the House of Representatives/citizen upon resolution or endorsement by any member of

the HR.

What is the process of impeachment?

Inquiry of Impeachment Direct ResolutionResolution


Any member of the HR or Citizen of the Philippines upon

resolution or endorsement by any member of the HR

FILES A VERIFIED COMPLAINT

At least 1/3 of all members of the HR file a VERIFIED COMPLAINT

OR RESOLUTION

Include in the order of business of HR within

10 session days

Referred to JUDICIARY COMMITTEE within 3

session daysJudiciary committee

HOLDS HEARINGS and INVESTIGATES

CHARGES

COMMITTEE after hearing and MAJORITY VOTE of all its members SUBMITS REPORT to HR within 60 session days

with resolution

CALENDARED for CONSIDERATION by HR within 10 session days

At least 1/3 of all members of HR

AFFIRMS or OVERRIDES Article of Impeachment

LIMITATION ON INITIATING OF IMPEACHMENT CASENot more than once w/in a period of 1 yr against the same official

TRIAL & DECISION Senate- sole power to try & decide all cases of impeachment When sitting for that purpose, the Senators shall be on oath or affirmation. When Pres of

the Phil is on trial, the CJ of the SC shall preside, but shall not vote. A decision of conviction must be concurred by at least 2/3 of all the members of the Senate

EFFECT OF CONVICTION Removal from office & disqualification to hold any office under Republic of the Philippines.

But the party convicted shall be liable & subject to prosecution, trial & punishment accdg to law

SANDIGANBAYAN

The present anti- graft court known as the sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law

CompositionPresiding justice + 14 Assoc Justices, w/ the rank of Justice of CA. it sits in 3 divisions of 3 mem each

Jurisdictiona. Offense committed is violation of RA 3019, RA 1379, Chap 2 Sec 2 Title 7 Book 2 of RPC, EO 1, 2,

14 and 14 A issued in 1986, or other offenses or felonies whether simple or complexed w/ other crimes

b. Offender committing abovementioned offenses is a public official or employee holding any of the positions enumerated in par. A sec 4 RA 8249

c. Offense committed is in relation to the office

Decisions/ ReviewUnanimous vote of all the 3 mem shall be required. Reviewable by SC by certiorari


ARTICLES OF IMPEACHMENT is SENT to the SENATE which have the sole power to try and decide all cases of

impeachment.

Prosecutors: Fixed number of members of HR

Jurors: FULL SENATE

When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote.

SENATE VOTES in OPEN SESSION on each Articles of Impeachment

CONVICTION upon concurrence of 2/3 vote of ALL the MEMBERS OF THE SENATE

OMBUDSMAN

a. Composition1. Ombudsman to be known as Tanodbayan2. One overall deputy and; 3. At least 1 deputy each for Luzon, Visayas and Mindanao. 4. A separate deputy for the military establishment may likewise be appointed

b. Qualifications:Ombudsman and Deputies must be :

1. Natural born citizens of the RP2. At least 40 years old3. Of recognized probity and independence4. Member of Philippine Bar5. Must not have been candidates for any elective office in the immediately preceding election6. Ombudsman must have been a judge or engaged in the practice of law for at least 10 yrs

c. Appointment of the Ombudsman & his deputiesBy the President from a list of at least 6 nominees prepared by the JBC, & from a list of at least 3

nominees for every vacancy thereafter. All vacancies to be filled in 3 mos.

d. Term of Office 7 yrs w/o reappointment

e. Rank & Salary That of Chair & mem of the ConCom. Salary- not be decreased during their term of office

f. W/Fiscal Autonomy

g. Disqualifications/ InhibitionsDuring tenure, 1. Shall not hold any other office or employment; 2. Shall not engage in the practice of any profession or in the active management or ctrl of any

business w/c in any way may be affected by the functions of his office; 3. Shall not be financially interested in any contract w/ or in any franchise or privilege granted

by the government 4. Not be qualified to run for any office in the election immediately succeeding their cessation

from office

h. Powers and duties

Section 12 The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government owned or controlled corporation, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

Section 13 The office of the Ombudsman shall have the following powers, functions and duties:

1. Investigate on its own, or on complaint by any p erson, any act or omission of any public official, employee, office or agency, when such action or omission appears to be illegal, unjust, improper, or inefficient.2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivisions agency or instrumentality thereof, as well as of any government owned or controlled corporation with original charter, to perform and expedite


any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.3. Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine censure, or prosecution, and ensure compliance therewith.4. Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.5. Request any government agency for assistance and information necessary in the discharge of its responsibilities and to examine, if necessary, pertinent records and documents.6. Publicize matters covered by its investigation when circumstances so warrant and with due prudence.7. Determine the causes of inefficiency, red tape, mismanagement, fraud and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.8. Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Ill-Gotten WealthThe Right of the state to recover properties unlawfully acquired by Public officials or employees,

from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel.

Applies only to civil actions for recovery and not to criminal cases

Restriction on LoansNo loan, quaranty or other form of financial accommodation for any business purpose may be

granted directly or indirectly by any government-owned or controlled bank or financial institution to the P, VP, members of the Cabinet, Congress, SC and Con-Com, Ombudsman or to any firm or entity in which they have controlling interest during their tenure

Statement of assets, liabilities and net worthA public officer or employee shall upon assumption of office and as often as thereafter as may

be required by law, submit a declaration of oath of his assets, liabilities and net worth.In the case of P, VP, Cabinet, Con-Com, SC Congress, and other constitutional offices and officers

of AFP of general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Allegiance to the State and to the ConstitutionPublic officers and employees owe the State and this Constitution allegiance at all times, and

any public officer or employee who seeks to change citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

NATIONAL ECONOMY AND PARTIMONYGoals

1. More equitable distribution of opportunities, income and wealth


2. Sustained increase in amount of goods and services produced by the nation for the benefit of the people

3. Expanding production as the key to raising the quality of life for all, especially the under privileged. Full industrialization

Natural resources1. Regalian Doctrine – “The universal feudal theory that all lands were held from the crown.”

Ownership is vested in the State as such rather than in the head thereof.

a. Sec. 2 All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora or fauna, and other natural resources are owned by the state. With the exception of agricultural lands, all other natural resources shall not be alienated.

2. Imperium and Dominium Imperium DominiumGovernment authority possessed by the State which is appropriately embraced in sovereignty

Capacity to own or acquire property. With reference to lands held by the state in its proprietary character. May provide for the exploitation and use of lands and other natural resources including their disposition, except as limited by the constitution.

3. Citizenship requirementsNature Citizenship Other Requirements1. Co-production, joint venture or production sharing agreements for exploration, development and utilization of natural resources

Filipino Citizens or Corporations or Associations at least 60% of whose capital is Filipino owned.

Agreements shall not exceed a period of 25 years, renewable for another 25 years

2. Use and enjoyment of the nation’s marine wealth in its archipelagic waters, territorial sea and EEZ

Exclusively for Filipino Citizens

Alienable lands of the public domain (agricultural lands)

Filipino Citizens, Private Corporations

FC: not more than 12 hectares by purchase, homestead or grant or lease not more than 500 hectares.

PC: lease not more than 1,000 hectares for 25 years, renewable for another 25 years.

Certain Areas of investment (determined by the Congress)

Filipino citizens or corporations 60% of whose capital is Filipino owned

Congress may prescribe a higher percentage of Filipino ownership

Franchise, certificate or authorization for the operation of public utility

Filipino Citizens or corporations at least 60% of whose capital is Filipino-owned

Franchise shall not be exclusive for a period more than 50 years and shall hbe subject to amendment, alteration or repeal by Congress.

4. Classification of lands of the Public Domain.a. Agriculturalb. Forestc. Timberd. Mineral


e. National Parks Classification is a function of the executive branch of government, specifically the Director of

Land Management Bureau. The decision, when approved by the Secretary of DENR as to questions of fact is conclusive upon the courts.

Congress shall determine the specific limits of forest lands and national parks, marking clearly their boundaries on the ground.

1935 1973 1987- Agricultural- Timber- Mineral

- Agricultural- Timber- Mineral- Industrial/ Commercial- Residential ResettlementGrazing Lands

- Agricultural- Forest- Timber- Mineral- National Parks

5. Stewardship Concept – The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, shall have the right ot own, establish and operate economic enterprises subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

Private LandsRule: No private lands shall be transferred or conveyed except to individuals, corporations or

associations qualified to acquire or hold lands of the public domain.Reason for the rule: Conservation of the national economy and patrimony

Any sale in violation of such provision is null and void

Two exceptions1. Hereditary Succession – Does not apply to testamentary succession2. Natural Born citizen of the Philippines who has lost his Philippine citizenship may be a

transferee of private lands, subject to limitations provided by law. RA8179. Former natural born Filipino Citizens may acquire 5,000 sq. m. For urban land and 3

hectares for rural land. Such land may now be used for business and for other purposes- The previous law was BP 185 which granted:

1000 sq. m for urban and 1 hectare for Rural which can be used for residential purposes onlyRemedies to recover private land from disqualified alien

1. Escheat proceedings2. Action for reversion3. Action for recovery filed by the former Filipino owner, the pari delicto doctrine having been

abandoned, unless the land is sold to an American citizen prior to July 3, 1974 and the amreican citizen obtained title thereto.

Preference for Filipino Labor The state shall promote the preferential use of Filipino labor, domestic materials and locally

produced goods, and adopt measures that help make them competitive.

Practice of ProfessionThe practice of all professions in the Philippines shall be limited to Filipino Citizens, save in cases

prescribed by law.

CooperativesThe congress shall create an agency to promote the viability and growth of cooperatives as

instruments for social justice and economic development.


MonopoliesPolicy: the state shall regulate or prohibit monopolies when the public interest so requires. No

combinations in restraint of trade or unfair competition shall be allowed. Monopoly- privilege or peculiar advantage vested in one or more persons or companies,

consisting in the exclusive right to carry on a particular business or trade, manufacture a particular article, or control the sale of a particular commodity.

Not per se prohibited by only regulated with a higher level of State regulation. Central Monetary Authority

CENTRAL BANK OF THE PHILIPPINESThe congress shall establish an independent central monetary authority, the members of whose

governing board must be:1. Natural-born Filipino citizens;2. Known probity, integrity and patriotism;3. Majority of whom shall come from the private sector.Authority/Power:1. Provide direction in the areas of money, banking and credit2. Supervision over the operations of banks and exercise such regulatory powers

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS40 | P a h i n a L O Y O L A . R E Y E S . V I B A N D O R

What is education: Not merely knowledge but development of:

- Critical

- Artistic

- Moral Sensitivity to the needs of others

State PolicyThe state shall give priority to education, science and technology, arts, culture and sports to

foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

1. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. Includes: NMAT examinations, licensure examinations and other regulations. Also,

Government authorization for school operation.

2. Constitutional mandate for the State to esteablish adequate and relevant education, free public elementary and high school education, scholarship grants and loan programs, out-of-school study programs, and adult education.

3. Constitutional objectives of Education:a. Inculcate patriotism and nationalismb. Foster love for humanityc. Respect for human rightsd. Appreciation of the role of national heroes in the historical development of the countrye. Teach the rights and duties of Citizenshiof. Strengthen ethical and spiritual valuesg. Develop moral character and personal disciplineh. Encourage critical and creative thinkingi. Broaden scientific and technological knowledgej. Promote Vocational Efficiency

4. Optional Religious instructiona. Expressed in writing by parent or guardianb. Public elementary and high Schoolsc. Within regular class hoursd. Instructors designated or approved by religious authorities e. Without additional cost to the government

5. Educational Institutions

Ownership Control and Administration

Alien Schools Tax Exemptions

Solely by Filipino Citizens or corporations 60% Filipino owned. Except those established by religious groups or

Citizens of the Philippines.

None shall be established exclusively for aliens, and no group of aliens shall comprise more than 1/3 of the

All revenue and asses of

- Non stock- Non-profit

As well as grants, endowments, donations and


mission boards, but Congress may increase required Filipino equity participation

enrolment in any school. Except schools for foreign diplomatic personnel and their dependents and for other foreign temporary residents

contributions. Used ADE for educational purposes

6. Highest budgetary priority to education – Merely directory.

Academic FreedomEnjoyed in all institutions of higher learning.

2 views:

Educational Institution Members of AcademeFreedom of the university to determine:

- Who may teach- What to teach- How to teach- Who may be admitted

Freedom of the teacher to investigate and discuss the problems of his science and to express his conclusions whether through publication or in the instruction of students without interference from political or ecclesiastical authority or from admin. Officials of the institution in which he is employed unless methods are found by qualified bodies to be completely incompetent or contrary to professional ethics.

Limitation

a. Police Powerb. Social interests of the community

- The school may not be forced to reopen at the instance of the striking students. (Capitol Medical Center vs. cA

- UP Baguio was setup as tertiary institution and the High School was set up only as an incident to its tertiary functions. (UP vs. Judge Ayson)

- Termination of contract can no longer be used as a valid ground to deny readmission or re-enrolment to students who had led or participated in student mass actions against the school. (Non vs. Dames)

- Minimum standards of procedural due process in schools:a. Students informed in writing of the nature and cause of the accusation against them;b. Right to answer the charges with the assistance of counsel if desired;c. Informed of the evidence;d. Right to adduce evidence in their own behalf;e. Evidence duly considered by investigating committee or official designated by the school

authorities. (Ateneo vs. Capulong)


- PRC cannot interfere with the conduct of review that review schools and centers believe would best enable their enrolees to meet the standards required before becoming full-fledged public accountants. (Lupangco vs. CA)

- While DECS regulations prescribe a maximum of three years probation period for teachers, the termination of the three-year period does not result in the automatic permanent status for the teacher. It must be conditioned on a showing that the teacher’s services during the probationary period was satisfactory in accordance with the employer’s standards. (Cagayan Capitol College vs. NLRC)

Language1. Filipino2. For purposes of communication and instruction: Filipino and English (unless otherwise

provided by law).3. Regional languages: auxiliary official languages in the regions and shall serve as ancillary

media of instruction4. Spanish and Arabic: voluntary and optional5. Constitution shall be promulgated in Filipino and English and shall be translated into major

regional languages.

Science and Technology

Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to support indigenous, appropriate and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national bebefit. It shall encourage the widest participation of private groups, local governments, and community based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.


Arts and CultureSection 14] The State shall foster the preservation, enrichment, and dynamic evolution of a

Filipino national culture based on the principle of unity in diversity in a climate for free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote and popularize the nations historical and cultural heritage and resources, as well as artistic creations.

Section 16. All country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State, which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18. The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

SportsSection 19. The State shall promote physical education and encourage sports programs, leagues,

competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.


THE FAMILY

Section 1. The State recognizes the Filipino family a the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

1. The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

2. The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

3. The right of the family to a family living wage and income; and

4. The right of families or family association to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.


GENERAL PROVISIONSFlag

Red white and Blue, with a sun and three stars as consecrated and honoured by the people and recognized by law.

Name

Congress may, by law, adopt a new name for the country, a national anthem or a national seal which shall be truly reflective and symbolic of the ideals history and traditions of the people.

Such law shall take effect only upon its ratification by the people in a national referendum.

AFP

The AFP shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law.

1. Oath or affirmation to uphold and defend Constitution2. Professionalism and adequate remuneration shall be a prime concern of the State.3. Shall not at any time be appointed or designated in any capacity to any civilian position in

the government including GOCC4. Laws on retirement shall not allow extension of their services5. Officers and men of the regular force of the armed forces shall be recruited proportionately

from all provinces and cities as far as practicable.

National Police Force

One Police Force which shall be national in scope and civilian in character.

Administered and controlled by National Police Commission..

Authority of local executives over the police units in their jurisdiction shall be provided by law.

Mass Media and Advertising Industry

1. Mass media – Ownership limited to citizens of the Philippines. Or corporations wholly-owned and managed by citizens. Congress shall regulate or prohibit monopolies.

2. Advertising Industry – Filipino citizens or corporations or associations at least 70% Filipino-owned shall be allowed to engage in the advertising industry. All executives and managing officers of such entities must be citizens of the Philippines.


TRANSITORY PROVISIONSElections

First elections of Congress: Second Monday of May 1987

First Local Elections: Determined by President

Synchronization: Members of Congress and Local Officials first elected shall serve until noon June 30, 1982. The six year term of incumbent President and VP in the Feb. 7, 1986 elections is extended until noon of June 30, 1992.

Existing Laws and Treaties

1. If not inconsistent with the Constitution, shall remain operative until amended, repealed or revoked.

2. All treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least 2/3 of all the members of the Senate.

Reserved Executive Powers

President may fill by appointment from a list of nominees by the repective sectors, the seats reserved for sectoral representatives.

President may constitute the Metropolitan authority to be composed of the heads of all local government units comprising the Metropolitan Manila Area.

Career Civil Service

1. Those separated from service not for cause but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following the ratification of the Constitution shall be entitled to appropriate separation pay and to retirement and other benefits.

Sequestration

1. Sequestration or freeze orders relative to the recovery of ill-gotten wealth shall remain operative for not more than 18 months after the ratification of this Constitution. Congress may extend such period.

- Issued upon showing of prima facie case. - Filed within 6 months from ratification or if issued after ratification, within 6 months from

such issue- Order deemed automatically lifter if no judicial action or proceeding is commenced as

provided herein.

Failure of PCGG to commence the proper judicial action or to implead respondents therein within the period prescribed by the Constitution, the sequestration orders issued were deemed automatically lifter. But the lifting of sequestration orders does not ipso facto mean that sequestered property are not ill-gotten. The effect of the lifting will


merely ne the termination of the role of government as conservator of the property. (PCGG vs. Sandiganbayan).

PCGG cannot perform acts of strict ownership of sequestered property. It is a mere conservator. It may not vote the shares in a corporation and elect the members of the BOD. The only conceivable exception is in a case of take-over of a business belonging to the government or whose capitalization comes from public funds but which landed in private hands. (Cojuangco vs. Roxas)

Two tiered test: a. Whether there is a prima facie evidence showing that the said shares are ill-gotten

and thus belong to the stateb. Immediate danger of dissipation thus necessitating their continued sequestration

(PCGG vs. Cojuangco) Exceptions to two-tiered test:

a. Governmetn shares are taken over by private persons or entities which registered them in their own names.

b. Capitalization or shares that were acquired by public funds somehow landed in private hands (Republic vs. Sandiganbayan)

2. In the absence of express prohibition, the rule on amicable settlements or compromise agreements in the Civil Code is applicable to PCGG cases pending before Sandiganbayan.

3. PCGG may investigate and file corresponding information provided:a. It must relate to ill-gotten wealthb. Of the late President Marcos, immediate family, relatives, subordinates and close

associatesc. Who took advantage of their public office or power. (Romualdez vs. Sandiganbayan) An invalid P.I. does not impair validity of criminal information. It merely suspends.

4. While Philippine Casino Operators Corporation was sequestered, the fact of sequestration alone did not automatically oust RTC of its jurisdiction to decide the question of ownership to be recovered by PAGCOR. In order to invoke Sandiganbayan, the PCGG must be a party to the suit. The instant case involves only PAGCOR, PCOC and Marcelo. (PAGCOR vs. CA)

5. The office of the Sol-Gen may validly call the PCGG for assistance and ask it to respond to a motion for a bill of particulars, considering that PCGG has the complete records of the case and in being charge of the investigation, is more knowledgeable and better informed of the facts of the case. (Virata vs. Sandiganbayan)


ADMINISTRATIVE LAWGENERAL PRINCIPLES

A. ADMINISTRATIVE LAW

Branch of public law which:- fixes organization & determines the competence of administrative authorities- indicates to the individual remedies for violation of rights

KINDS:

a) statutes setting up administrative authoritiesb) rules, regulations or orders of such admin authorities promulgated pursuant to purposes for which createdc) determinations, decisions & orders of such administrative authorities made in the settlement of controversies

arising in their particular fieldsd) body of doctrines & decisions dealing w/ creation, effect & operation of determinations & regulations of such

administrative authorities

ADMINISTRATION:

a) Meaning (2 Senses)1. As function: 2. As an organization

Execution in non- judicial matters of the law & will of the State as expressed by competent authority

That group of persons in whose hands the reins of the gov’t are for the time being

b) KindsInternal ExternalLegal side of Public admin.E.g. Matters concerning personnel, fiscal & planning activities

Problems of gov’t regulations-regulation of lawful calling or profession, industries/ business

B. ADMINISTRATIVE BODIES OR AGENCIES

Organ of gov’t other than a court & other than a legislature w/c affects the rights of private parties either through adjudication or rule-making.

CREATION1. Constitutional provision2. Legislative enactment3. Authority of law

CRITERIONA body/ agency is administrative where:- its function is primarily regulatory even if it conducts hearings & determines controversies to carry out its regulatory duty.- as to rule-making authority, when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of law

TYPES: Bodies set up to function in situations-a. where the gov’t offers some gratuity, grant of spcl privilege (e.g. Bureau of Lands)b. wherein the gov’t is seeking to carry on certain of the actual business of gov’t (e.g. BIR) c. wherein the gov’t is performing some business service for the public (e.g. MWSS)d. wherein the gov’t is seeking to regulate businesses affected w/ public interest (e.g. LTFRB)e. wherein the gov’t is seeking under the police power to regulate private business & individuals (e.g. SEC)f. wherein the gov’t is seeking to adjust individual controversies because of a strong social policy involved (e.g. ECC)g. to make the gov’t a private party (e.g. GSIS)

POWERS OF ADMINISTRATIVE BODIESA. POWERS OF ADMINISTRATIVE BODIES

1. Quasi- Legislative/ Rule- Making Power


2. Quasi- Judicial/ Adjudicatory Power3. Determinative Powers

B. QUASI- LEGISLATIVE POWER

NATURE

1. Involving no discretion as to what the law shall be, but:-merely the authority to fix the details in the enforcement of a policy set out in the law itself.

2. Power to make rules & regulations w/c results in delegated legislation that is w/in the confines of the granting statute & the doctrine of non- delegability & separation of powers

Paningit na may sense:1. Rules & regulations issued by administrative authorities pursuant to the powers delegated to them have the force &

effect of law. They are binding on all persons subject to them & the courts will take judicial notice of them.2. The function of promulgating rules & regulations may be legitimately exercised only for the purpose of carrying out the

law into effect. Hence, Admin regulations cannot extend the law or amend the legislative enactment, for settled is the rule that administrative regulations must be in harmony w/ the provisions of the law so it must not override but must remain consistent with the law they seek to apply & implement.

KINDS OF ADMIN RULES & REGULATIONS

a. supplementary or detailed b. interpretative c. contingentfixes the details in the execution & enforcement of a policy set out in the law, e.g., Rules & regulations implementing the Labor Code

construes / interprets the provisions of a statute to be enforced

made on the existence of certain facts or things upon w/c the enforcement of the law depends

REQUISITES FOR VALIDITYa. Issued under the authority of the lawb. w/in the scope of the lawc. r easonabled. p ublication in the Official Gazette or in a newspaper of general circulation

HOWEVER, interpretative rules & regulations or those

ADMINISTRATIVE RULES WITH PENAL SANCTIONS, ADDITIONAL REQUIREMENTS a) the law must itself declare as punishable the violation of the administrative rule or regulationb) law must define or fix the penalty for violation of the administrative rule or regulation

NOTICE & HEARING

hearing not necessary in the promulgation of a general regulation by an administrative body. notice not necessary where the rule is procedural or merely a legal opinion notice not necessary in the preparation of substantive rules where the class to be affected is large & the questions to

be resolved involve the use of discretion committed to the rulemaking body. prior hearing not necessary for the issuance of an administrative rule or regulation administrative rule in the nature of subordinate legislation is designed to implement a law by providing its details, &

before it is adopted there must be a hearing. when an administrative rule substantially adds to the burden of those concerned, an administrative agency must

accord those directly affected a chance to be heard before its issuance.

C. DETERMINATIVE POWERS

ENABLING DIRECTING DISPENSING EXAMINING SUMMARYTo permit or allow something w/c the law undertakes to regulate,E.g. grant or denial of licenses to engage in a particular business

Illustrated by power of assessment of BIR or Bureau of Customs

To exempt from a general prohibition, or relieve an individual or corporation from an affirmative duty;E.g. authority of zoning boards to vary provisions of zoning ordinances, or the authority of the Acceptance Board of the Phil Army to relieve certain persons from military training

a.k.a investigatory power;consists in requiring production of books, papers, etc., attendance of witnesses & compelling their testimony

Power to apply force or compulsion against persons or property to effectuate legal purpose w/o a judicial warrant to authorize such actionE.g. in the fields of health inspections, abatement of nuisances, etc.


D. QUASI- JUDICIAL OR ADJUDICATORY POWER

NATUREProceedings partake of the character of judicial proceedings.

Administrative body- normally granted authority to promulgate its own rules of procedure, provided: they do not increase, diminish or modify substantive rights, & subject to disapproval by SC. [Sec 5 (5), Art VII Consti]. The requisites of procedural due process must be complied with.

ADMINISTRATIVE DUE PROCESS, requisites:1. right to a hearing2. tribunal must consider evid presented3. decision must have something to support itself4. evid must be substantial5. decision must be based on the evid adduced at the hearing, or at least contained in the record & disclosed to the

parties6. Board or its judges must act on its or their independent consideration of the facts & the law of the case & not simply

accept the views of a subordinate in arriving at a decision7. Decision must be rendered in such a manner that the parties to the controversy can know the various issues involved

& the reasons for the decision rendered

ADMINISTRATIVE DETERMINATIONS WHERE NOTICE & HEARING NOT NECESSARY FOR DUE PROCESSa. Grant of provisional authority for increased rates, or to engage in a particular line of businessb. Summary proceedings of distraint & levy upon the property of a delinquent taxpayerc. Cancellation of a passport where no abuse of discretion is committed by Sec of Foreign Affairsd. Summary abatement of a nuisance per se w/c affects immediate safety of persons & prope. Preventive suspension of pub officer or employee pending investigation of admin charges filed against him

RIGHT AGAINST SELF- INCRIMINATIONMay be invoked by respondent when called by complainant as witness; but if he voluntarily takes the witness stand,

he can be cross examined; but he may still invoke the right at the time the question w/c calls for an answer w/c incriminates him of an offense other than that w/c is charged is asked

POWER TO PUNISH CONTEMPT- INHERENTLY JUDICIALMay be exercised only if expressly conferred by law, & when admin body is engaged in the performance of its quasi-

judicial powers

ADMINISTRATIVE DECISIONS- NOT PART OF THE LEGAL SYSTEM

ADMINISTRATIVE APPEAL & REVIEWa) Appeal from administrative determination may be made to a higher or superior admin officer or body, where

provided by lawb) By virtue of power of control w/c the President exercises over all exec depts., the President- by himself- or through

the Department secretaries (pursuant to the Alter Ego doctrine), may affirm, modify, alter, or reverse the admin decision of subordinate officials & employees

c) Appellate admin agency may conduct additional hearings in the appealed case, if necessary

DOCTRINE OF RES JUDICATAa. Decisions & orders of administrative agencies have upon their finality: the force and binding effect of a final

judgment; they are conclusive upon the rights of the affected parties b. Forbids the reopening of a matter once determined by competent authority acting w/in their exclusive

jurisdictionc. Applies to adversary admin proceedingsd. Does not apply in administrative adjudication relative to citizenship

On questions of citizenship, the doctrine of res judicata can apply only when the ff. conditions obtain:1. question of citizenship is resolved by a court or an admin body as material issue in the controversy after a full-

blown hearing2. w/ active participation of Sol Gen and3. finding made by admin body on the citizenship issue is affirmed by SC


EXHAUSTION OF ADMINISTRATIVE REMEDIES

A. THE DOCTRINEWhenever there is an available admin remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted.

REASONS

1. If relief is first sought from a superior admin agency, resort to the courts may be unnecessary2. Admin agency should be given a chance to correct its error3. principle of conformity & convenience require that courts stay their hand until the administrative processes are

completed

It must be noted however, that only those decisions of administrative agencies made in the exercise of quasi-judicial powers are subject to the rule on exhaustion of admin remedies. Thus, where what is assailed is the validity or constitutionality of a rule or regulation issued by the admin agency in the performance of its quasi-legislative function, the regular courts have jurisdiction to pass upon the same.

B. COROLLARY PRINCIPLES

Doctrine of Prior ResortAlso known as the doctrine of primary admin jurisdiction: Where there is competence or jurisdiction vested upon an

admin body to act upon a matter, no resort to the courts may be made before such admin body shall have acted upon the matter.

Doctrine of finality of admin actionNo resort to the courts allowed unless the admin action has been completed & there is nothing left to be done in the

admin structure.

C. EFFECT OF FAILURE TO EXHAUST ADMIN REMEDIES

Jurisdiction of the court is not affected, but the complainant is deprived of a cause of action which is a ground for a motion to dismiss. However, if no motion to dismiss is filed on this ground, there is deemed to be a waiver.

D. EXCEPTIONS TO THE DOCTRINE

1. Doctrine of Qualified Political agency2. Where admin remedy is fruitless3. Estoppels on part of admin agency4. Issue involved is purely a legal question5. Administrative action is patently illegal amounting to lack or excess of jurisdiction6. Unreasonable delay or official inaction7. Irreparable injury or threat thereof, unless judicial recourse is immediately made8. In land cases, where the subject matter is private land9. Where the law does not make exhaustion a condition precedent to judicial recourse10. Where observance of the doctrine will result in the nullification of the claim.11. Special reasons or circumstances demand immediate court action12. Due process of law is clearly violated13. Rule does not provide a plain, speedy & adequate remedy14. Writ of Amparo


LAW ON PUBLIC OFFICERS

I. GENERAL PRINCIPLES

A. PUBLIC OFFICE

The right, authority or duty created & conferred by law by w/c for a given period, either:

a. fixed by law or b. enduring at the pleasure of the creating power, an individual is invested w/ some sovereign power of gov’t to be

exercised by him for the benefit of the public

Elements:a. Created by law/ authority of lawb. Possess a delegation of a portion of the sovereign powers of the gov’t to be exercised for the benefit of the publicc. Powers conferred & duties imposed must be defined directly or impliedly by the legislature or by legislative authorityd. Duties must be performed independently & without the control of a superior power other than the law, unless they

be those of an inferior or subordinate office created or authorized by the legislature, and by it placed under the general control of a superior office or body and,

e. Must have permanence or continuity

Creation:a. By the Consti e.g. office of the Presidentb. Valid statutory enactments, e.g. Office of the Insurance Commissionerc. By authority of law, e.g. Davide Commission

B. PUBLIC OFFICER

A person who holds public office (oo nga naman.)1. Distinguished from public officer as understood in criminal law

a. In Art. 203, RPC- any person, who--by direct provision of law, -popular election or -appointment of competent authority,shall take part in performance of public functions in the Gov’t , or shall perform in said gov’t or any of its branches, public duties as an employee, agent, or subordinate official, of any rank or class, shall be deemed to be a public officer

b. Under sec 2 RA 3019- the term “public officer” includes elective & appointive officials & employees w/c are:-permanent or temporary, -classified, unclassified or exempt service (now Career & Non Career –PD807)-receiving compensation, even nominal, from the government

2. Distinguished from clerk or employeeOfficer refers to a person whose duties, not being of a clerical or manual nature, involve the exercise of discretion in

the performance of the functions of the gov’t. When used w/ reference to a person having authority to do a particular act or perform a function in exercise of

gov’tal power, “officer” includes any gov’t employee, agent or body having authority to do the act or exercise that function


ELIGIBILITY & QUALIFICATION

A. QUALIFICATION

UNDERSTOOD IN 2 DIFFERENT SENSES

1. May refer to endowments, qualities or attributes w/c make an individual eligible for public office e.g., citizenshipWhen used in the sense of endowments, qualities or attributes, the individual must possess the qualifications at the

time of appointment or election & continuously for as long as the official relationship continues

2. May refer to the act of entering into the performance of the functions of a public office, e.g., taking the oath of officeFailure of officer to perform an act required by law could affect the officer’s title to the given office

AUTHORITY TO PRESCRIBE QUALIFICATIONS

1. When qualific. are prescribed by Consti- 2. by statuteGenerally exclusive unless otherwise provided by Consti Congress has plenary powers to prescribe, provided that:

1. qualific. are germane to the objectives for w/c the public office was created2. qualific. are not too specific as to fit a particular, identifiable person, because that would deprive the appointing authority of discretion in the selection of appointee

B. DISQUALIFICATIONS

Authority to prescribe: Legislature. Must not violate Constitution

GENERAL SPECIFICa. No candidate who lost in an election shall, w/in 1 yr

after such, be appointed to any gov’t officeb. No elective official shall be eligible for appointment

or designation in any capacity to any public ofc or position during his tenure

c. Unless otherwise provided by law or by the primary functions of his position, no appointive official shall hold any other position in the gov’t

a. The Pres, VP, Cabinet Mem & their deputies/ asst shall not, unless otherwise provided in the Consti, hold any other ofc or employment during their tenure

b. No Sen/ Mem of HR may hold any other ofc or employment in the gov’t, its agency, etc

c. SC mem & other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

d. No mem of ConCom shall, during tenure, hold any other office or employment

e. Ombusman & deputies must not have been candidates for any elective position in the elec immediately preceding their appointment

f. Mem of Concom, Ombudsman & dep must not have been candidates for eny elective position in the elec immediately preceding appointment

g. Concom mem, Ombudsman & dep- appointed to 7yr term, w/o reappointment

h. Spouse & rel by consanguinity & affinity w/in 4 th civil degree of the Pres shall not during his tenure be appointed as-members of the Concom or in-Office of Ombudsman or as -sec, undersec, chairmen or heads of bureaus or offices, including GOCC

DE FACTO OFFICERS54 | P a h i n a L O Y O L A . R E Y E S . V I B A N D O R

A. DEFINITION

Has the reputation of being the officer that he assumes to be, & yet is not a good ofcr in point of law.He must’ve acted as an ofcr for such length of time under color of title & reputation or acquiescence by public & pub authorities as to afford a presumption of election or appointment & induce people w/o inquiry & relying on the supposition that he is the officer he assumes to be, to submit to or invoke his action

B. LEGAL EFFECT OF ACTS

Valid, binding, w/full legal effect. (For the protection of public & indiv. who get involved in the official acts of persons discharging the duties of a public office)

C. ELEMENTS

1. validly existing public ofc2. actual phys possession of said ofc3. color of title to the ofc

D. ENTITLEMENT TO SALARIES

GR: rightful incumbent may recover from de facto ofcr the salary rcvd by the latter during the time of his wrongful tenure, even though he entered into the ofc in good faith & under color of title

However, where there is no de jure pub ofcr, the ofcr de facto is legally entitled to the emoluments

COMMENCEMENT OF OFFICIAL RELATIONSA. HOW?

a. by appointment b. by election

B. APPOINTMENT

1. Definition of terms:

Appointment Commission Designation

Selection, by the authority vested with the power of an indicidual who is to perform the functions of a given office

Written evidence of appointment

Imposition of additional duties, usually by law on a person already in public service.

2. Classification

Permanent TemporaryExtended to 1 possessing the requisite qualifications, including the eligibility required for the position & thus protected by constitutional guaranty of security of tenure

Acting appointment to 1 who may not posses required qualifications and is revocable at will w/o necessity of just cause or valid investigation

Regular Ad InterimMade by Pres while Congress is in session after the nomination is confirmed by CoA & continues until the end of the term

Made while congress: not in session, before confirmation by CoA. Immediately effective & ceases to be valid if disapproved or bypassed by CoA upon next adjournment of Congress

3. Steps in appointing process

Regular appointment Appointments w/c do not need confirmation

Career Service of Civil Service

a. Nomination by Presb. Confirmation by CoAc. Issuance of commissiond. Acceptance

a. Appointment by appointing authority

b. Issuance of commissionc. Acceptance by appointee

Attestation of CSC required


In case of ad interim appointment- the nomination, issuance & acceptance precede the confirmation by CoA For appointment to be valid, the position must be vacant.

Discretion of Appointing Authority -appointment is essentially a discretionary power & must be performed by the officer in whom it is vested accdg to his best lights, the only condition being that the appointee should possess the min. qualification requirements by law for the position

C. APPOINTMENTS TO THE CIVIL SERVICE

Scope: embraces all branches, subdivisions, instrumentalities & agencies of the gov’t including GOCC w/ original charters.

CLASSES:

CAREER SERVICE NON-CAREER SERVICECharacterized by entrance based on merit & fitness to be determined, as far as practicable by competitive exams, or based on highly technical qualify., opportunity for advancement to higher career positions, & security of tenure.Positions include:

a. Open career positionsb. Closed careerc. Career executive serviced. Career officerse. AFP positionsf. Personnel of GOCC w/ orig charter, andg. Permanent laborers whether skilled, semi-skilled or

unskilled

Characterized by entrance on bases other than those of the usual tests utilized for the career service, tenure limited to a period specified by law, or co-terminous w/ that of the appointing authority or subject to his pleasure, or limited to duration of particular project.Include:

a. Elective officialsb. Dept heads & officials of Cabinet rank who hold

office at the pleasure of the President & their personal & confidential staff

c. Chairmen & members of commissions & boards w/ fixed terms of office

d. Contractual personnel or whose employment in govt is in accordance w/a spcl contract to undertake a specific work or job requiring spcl skills not available in the employing agency

e. Emergency or seasonal personnel

Requisites: Made only according to merit & fitness to be determined as far as practicable, and except to positions w/c are policy determining, primarily confidential, or highly technical, by competitive examination [Sec. 2 (2) Art. IX-B]

Exempt from competitive exam:4. Policy determining

- where officer lays down principal or fundamental guidelines or rules or formulates method of action for gov’t or any of its subdivisions e.g. department head2. Primarily Confidential

- denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy w/c ensures freedom of intercourse w/out embarrassment or freedom from misgivings or betrayals on confidential matters of the state; or one declared to be so by the President upon recommendation of CSC3. Highly Technical

- requires possession of technical skills or training in a superior degree. e.g. PNB legal counsel

D. OTHER PERSONNEL ACTIONS1. Promotion- movement from one position to another w/ increase in duties and responsibilities as authorized by law & usually accompanied by increase in pay

a. Next-in-rank rulePerson next in rank shall be given preference in promotion when the position immediately above his is vacated. But

appointing authority still exercises discretion & is not bound by this rule, although he is required to specify the “special reason” for not appointing the officer next in rank.

b. Automatic reversion ruleDisapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions & automatically restores them to their former positions.

2. Appointment through CertificationCertification is issued to 1 selected from a list of qualified persons certified by the CSC from an appropriate register of eligibles, & who meets all the qualifications prescribed for the position

3. TransferMovement from 1 position to another w/c is of equivalent rank, level or salary w/o break in service. Transfer may be imposed as an administrative penalty

4. Reinstatement


Any 1 permanently to a position in the career service & who has, through no delinquency or misconduct, been separated therefrom, may be reinstated to a position in the same level for w/c he is qualified.

5. Detail Mvmt of an employee from 1 agency to another w/o issuance of an appointment, & shall be allowed only for a limited period in case of employees occupying professional, technical & scientific positions

6. Reassignment-Must not involve reduction in rank, status or salary-A management prerogative vested in the CSC-does not constitute removal w/o cause

7. ReemploymentNames of persons who have been appointed permanently to positions in the career service & who have been separated as a result of reduction in force and/or reorganization, shall be entered in a list from w/c selection for reemployment shall be made

POWERS & DUTIES OF PUBLIC OFFICERSA. AUTHORITY OF PUBLIC OFFICERS

Consists of the ff powersa. expressly conferred upon him by the act appointing himb. expressly annexed to the office by lawc. attached to the office by common law as incidents to it.

DOCTRINE OF NECESSARY IMPLICATIONAll powers necessary for the effective exercise of the express powers are deemed impliedly granted

B. POWERS

Ministerial DiscretionaryDischarge of w/c by the officer concerned is imperative & requires neither judgment nor discretion

Imposed by law upon a public officer wherein the officer has the right to decide how & when the duty shall be performed

C. DUTIES

D. PROHIBITIONS

1. partisan political activity2. additional or double compensation3. prohibition against loans (by Pres, VP, Cabinet members, Congress, SC, ConCom, & Ombudsman)4. limitation on laborers5. detail or reassignment6. Nepotism- all appointments in favor of a relative of appointing or recommending authority are prohibited

LIABILITY OF PUBLIC OFFICERS

Public officer is not liable for injuries sustained by another as a consequence of official acts done within the scope of his official authority except at otherwise provided by law.


1. Public officer shall not be civilly liable for acts done in the performance of his official duties unless there is a clear showing of bad faith, malice or negligence

2. Liable only for willful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if e acted under orders or instructions of his superiors

3. Sec. 24 of LGC – LG and officials are not exempt from liability for death or injury to persons or damage to rpoerty.

Statutory Liability1. Art. 27, CC – any person suffering moral or material loss because a public officer refuses or neglesct, without just

cause, to perform his official duty, may file an action for damages and other relief against the public officer. Without prejudice to administrative disciplinary action against the officer

2. Art. 32, CC – Liability of Public Officer for violation of Constitutional Rights of Individuals3. Art. 34, CC – Liability of peace officers who fail to respond or refuse to give assistance to persons in danger of

injuriy to life or property. 4. Sec. 38, Admin Code – Without just cause neglects to perform a duty within a period fixed by law or regulation,

or within a reasonable period in none I fixed, shall be liable for damages to the private party concerned without prejudice to such other liability as may be prescribed by law.

Liability on Contracts- Personally liable if he enters into if he acted without or exceeded his authority.

Liability for Tort- Personally liable if he goes beyond the scope of his authority or exceeds the powers conferred upon him by law

Presidential Immunity from Suit1. Chief executive cannot invoke immunity from suit for civil damages arising out of acts done by him while President

which were not performed in the exercise of official duties2. President may instituted suit. Though immune from civil liability

Threefold Liability Rule1. Criminal2. Civil3. Administrative

Can proceed independently of the others Dismissal of criminal action does not foreclose the institution of an administrative action Relief from criminal liability does not carry with it relief from administrative liability.

Liability of Ministerial Officers1. Nonfeasance- Neglect or Refusal to perform an act which is the officer’s legal obligation to perform2. Misfeasance- Failure to use that degree of care, skill and diligence required in the performance of official duty3. Malfeasance – The doing, through ignorance, inattention or malice, an act which he had no legal right to perform

Command Responsibility- Head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty,

negligence or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of

RIGHTS OF PUBLIC OFFICERS

Right to Office

Term TenurePeriod during which the officer may claim to hold the office as of right

Period during which the officer actually hold offie


Right to Salary- Personal compensation to be paid to public officer for his services, generally a fixed annual or periodical payment

Salary WageGiven to officers of higher degree of employment Lower DegreeCompensation per annum Day by Day or week by week

A de facto officer is entitled to salary if he possessed the office in good faith and has discharged duties thereof Salary cannot by garnishment, attachment or order of execution be seized before being paid and appropriated to the

payment of his debts. Assignment of unearned salaries or fees is also prohibited by public policy.

Constitutional Provisions affecting salaries

a. NO increase in the salaries of Congress until after the expiration of the full term of the members of the senate and HR who approved the increase

b. Salaries of P and VP shall be fixed by law and shall not be decreased during their tenure. No increase shall take effect until after the expiration of the term on the incumbent during which such increase was approved.

c. Salary of the Members of the judiciary shall not be decreased during continuance in office. d. Additional, double or indirect compensation are prohibited unless specifically authorized by law.e. Standardization of Compensation. f. Separtaion pay to be given to career civil service employees who are separated from the service not for cause but by

reason of reorganization.

Preventive Suspension and the right to Salary

2 kinds:

1. Preventive suspension pending investigation – no right to compensation even if exonerated2. Preventive suspension pending appeal

Right to Back Salaries of illegally dismissed employee

- Entitled to back wages and other monetary benefits from the time of illegal dismissal up to his reinstatement- No work-no pay cannot be applied.

Right to Additional Allowances and Benefits

Right to Preference in promotion

- Does not prevail over the discretion of the appointing authority

Right to Vacation and Sick Leave

Right to Maternity Leave

Right to Retirement Pay

- Liberally construed in favor of the retiree

Others

1. Right to reimbursement for expenses incurred in the due performance of his duty2. Right to be indemnified against any liability which they may incur in the bona fide discharge of duties3. Right to longevity pay.

TERMINATION OF OFFICIAL RELATIONSHIPModes of terminating official relationship


1. Expiration of term or tenure2. Reaching the age limit3. Resignation4. Recall5. Removal6. Abandonment7. Acceptance of an incompatible office8. Abolition of Office9. Prescription of the right to offie10. Impeachment11. Death12. Failure to assume elective office within 6 months from proclamation13. Conviction of a crime14. Filing of a certificate of candidacy

Expiration of Term

Commencement of term:

- According to statute- If none, from date of appointment or election- If ambiguous, the one that fixes the term at the shortest period- Person elected or appointed to fill vacancy in such office shall hold the same only for unexpired portion if duration is

fixed by constitution or law- If office created for purposes of single act, the accomplishment of act terminates the term

Hold-Over

- In the absence of any expressed or implied constitutional or statutory provision to the contrary, the public officer is entitled to hold his office until his successor shall have been duly chosen and qualified.

- Purpose is to prevent hiatus in public service- During the hold-over period, public officer is a de jure officer- When the law fixes a specific date for the end of the term, there is an implied prohibition against hold-over

Reaching the Age Limit

Compulsory retirement age:

- 70 – Judiciary- 65 – Other government officers and employees

Resignation

- The act of giving up or the act of a public officer by which he declines his office and renounces the further right to use it.

- Expression of the incumbent in some form, express or implied, of the intention to surrender, renounce and relingquish the office and the acceptance thereof by competent and lawful authority.

1. Voluntariness – may be repudiated if procured by fraud, or duress. A courtesy resignation lacks the element of voluntariness

2. Acceptance – Must be accepted by competent authority, expressly or impliedly

3. Accepting Authority – Acceptance shall be made by competent authority

To whom WhoPresident Governors, VG, M and VM of Highly urbanized cities

and independent component citiesGovernor Municipal M and VM of component citiesSanggunian Sanggunian membersCity or Municipal Mayor Barangay officialsAppointing Authority Appointive officialsCongress P and VP


Respective Houses Congress

4. Effective date of resignation :o Date specified in tendero If none, when public officer receives notice of acceptance

Recall

Termination of official relationsjip of an elective official for loss of confidence prior to the expiration of his term subject to such recall belongs.

1. By whom exercised – registered voters of LGU2. Initiation of recall process – By the registered voters of LGU

o No more Preparatory Recall Assembly3. Procedure

Provincial, City, municipal or Barangaya. Initiated upon petition by at least 25% of total number of registered voters

o Written petition for recall o Duly signed before election registraro In the presences of representative of petitioner and official sought to be recalledo Public Place o Filed with the COMELEC through its office in the LGUo COMELEC shall cause the publication of petition in a public and conspicuous place for a period of not less

than 10 days nor more than 20 days for verification of authenticity and genuineness and required percentage of voters

b. Upon lapse of the period, COMELEC shall announce acceptance of candidates to the position and prepare a list of candidates which shall include the name of official sought to be recalled

4. Election of Recall o COMELEC shall set the date for the election on recall which shall not be later than 30 days after the filing of

resolution (Barangay and Municipal) 45 days (Provincial)o Official or officials sought to be recalled shall automatically be considered as a duly registered candidate to

pertinent positions and shall be entitled to be voted upon5. Effectivity of Recall

o Effective only upon the election and proclamation of a successor in the person of the candidate receiving the higest number of votes cast during the election on recall

o Confidence is affirmed when the candidate sought to be recalled receives the highest number of votes6. Prohibition from resignation7. Limitations

o Once only during term of office for loss of confidenceo Shall not take place within one year from the date of the assumption to office or one year preceding a

regular local election.

Removal

No officer of the Civil Service shall be removed or suspended except for cause provided by law.

Grounds:

Sec. 36. Discipline: General Provisions. - (a) No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process.

The following shall be grounds for disciplinary action:

1. Dishonesty; 2. Oppression; 3. Neglect of Duty; 4. Misconduct; 5. Disgraceful and immoral conduct; 6. Being notoriously undesirable; 7. Discourtesy in the course of official duties; 8. Inefficiency and incompetence in the performance of official duties; 9. Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift, or other valuable thing is given by any person in the hope or


expectation of receiving a favor or better treatment than that accorded other persons, or committing acts punishable under the anti-graft laws; 10. Conviction of a crime involving moral turpitude; 11. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children; 12. Violation of existing Civil Service Law and rules or reasonable office regulations; 13. Falsification of official document; 14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during regular office hours; 15. Habitual drunkenness;

16. Gambling prohibited by law; 17. Refusal to perform official duty or render overtime service; 18. Disgraceful, immoral or dishonest conduct prior to entering the service; 19. Physical or mental incapacity or disability due to immoral or vicious habits; 20. Borrowing money by superior officers from subordinates or lending by subordinates to superior officers; 21. Lending money at usurious rates of interest; 22. Willful failure to pay just debts or willful failure to pay taxes due to the government; 23. Contracting loans of money or other property from persons with whom the office of the employee concerned has business relations; 24. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations; 25. Insubordination; 26. Engaging directly or indirectly in partisan political activities by one holding non-political office; 27. Conduct prejudicial to the best interest of the service; 28. Lobbying for personal interest or gain in legislative halls and offices without authority; 29. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority; 30. Nepotism as defined in Section 49 of this Decree.

Abandonment

Voluntary relinquishment of an office by the holder with the intention of terminating his possession and control thereof

Abandonment ResignationSpecies of Resignation Formal RelinquishmentVoluntary Relinquishment through non- user

Non-user – neglect to use a privilege or a right or to exercise an easement or an office.

Acceptance of an Incompatible Office

1. Test of Incompatibility - by the nature and relation of the two offices to each other, they ought not to be held by one person from the contrariety and antagonism which would result in the attempt by one person to faithfully and impartially discharge the duties of one, toward the incumbent of another.

2. Acceptance of incompatible office ipso facto vacates the other. There is no necessity for any proceeding to declare or complete the vacation of the first office. o Exception – where the public officer is authorized by law to accept the other office

The Sec. of Justice who is, by express provision of the Constitution, a member of the JBC

Abolition of Office

Congress has the right to abolish an office, even during the term for which an existing incumbent may have been elected

a. Constitutional offices cannot be abolished by Congressb. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its

members


c. Valid abolition of office does not constitute removal of incumbentd. It is within the legal competence of the city council to create, consolidate and reorganize city offices

and positions wholly supported by local funds.

Requisites

1. Good Faith2. Clear intent to do away with the office not for personal or political reasons and cannot be implemented

ina manner contrary to law

Prescription of the right to office

1. Instituted within one year from the date the petitioner is unlawfully ousted from his officeo Reason: title to public office should not be subjected to continued uncertainty and the people’s interest

requires that such right should be determined as speedily as possibleo Filing an action for administrative remedy does not suspend the period for filing the appropriate judicial

proceeding (quo warranto)o Unless there are strong, compelling special Circumstances to warrant a different course, courts will not

entertain a petition for reinstatement filed beyond the 1 year period.

Failure to assume office

Office of any official elected who fails or refuses to take his oath of office within 6 months from his proclamation shall be considered vacant, unless said failure is for a cause or causes beyond his control.

Conviction of a Crime

1. When the penalty imposed upon conviction carries with it the accessory penalty of disqualification, conviction by final judgment automatically terminates official relationshipo Plenary pardon will not restore the public office to the officer convicted. He must be given a new

appointment

LOCAL GOVERNMENT

Principles of Local AutonomyA. Principles1. Sec. 25, Art II: The State shall ensure the autonomy of local governmentsSec. 2, Art X: The territorial and political subdivisions shall enjoy local autonomy


2. Decentralization – does not make local governments sovereign within the state or an “imperium in imperio”

3. Exercise of local autonomy is subject to the power of control by congress, and the power of general supervision by the President.

Only if president finds that the latter had acted contrary to law.

B. Corporation1. Definition

a. Artificial being created by Operation of Lawb. Having the right of succession and the powers and attributes and properties expressly authorized by law or

incident to its existence2. Classification

Public Private Quasi-public

Organized for the government of a portion of the State

Formed for some private purpose, benefit, aim or end

Private corporation that renders public service or supplies public wants

3. Criterion to determine- Relationship of the corporation to the State, if created by the State as its own agency to help the State in

carrying out its governmental functions, then it is public4. Classes

Quasi-Corporation Municipal Corporation

Created by the State for a narrow or limited purpose Body Politic and corporate constituted by the incorporation of the inhabitants for the purpose for the purpose of local government

C. Municipal Corporation1. Elementsa. Legal Creation or Incorporationb. Corporate Namec. Inhabitantsd. Territory

2. Dual nature and functions: Body Politic and corporate endowed with powers to be exercised by it in conformity with law.- It shall exercise powers as a political subdivision of the National Government and a corporate entity

representing the inhabitants of its territoryPublic or Governmental Private or Proprietary

Acts as an agent of the State for the government of the territory and the inhabitants

Agent of the community in the administration of local affairs. Separate entity, for its own purposes and not as a subdivision of the State

3. Municipal Corporations Province City Municipality Barangay ARMM Special

Metropolitan Subdivisions

Composed of cluster of municipalities and component cities, as a political and corporate unit of the government SERVES AS A DYNAMIC MECHANISM FOR DEVELOPMENTAL

Composed of more urbanized and developed barangays. SERVES AS A GENERAL PURPOSE GOVERNMENT FOR THE COORDINATION

Composed of group of barangays. SERVES AS A GENERAL PURPOSE GOVERNMENT FOR THE COORDINATION AND DLEIVERY OF

Basic Political Unit. SERVES AS THE PRIMARY PLANNING AND IMPLEMENTING UNIT OF GOVERNMENT POLICIS, PLANS, PROGRAMS,

Autonomy may either be Decentralization of administration or Decentralization of Power.

Dec. of Admin.

Congress may create special metropolitan political subdivision subject to a plebiscite but the component cities and


PROCESSES AND EFFECTIVE GOVERNANCE OF LOCAL GOVERNMENT UNITS WITHIN ITS TERRITORIAL JURISDICTION

AND DELIVERY OF BASIC, REGULAR AND DIRECT SERVICES AND EFFECTIVE GOVERNANCE OF THE INHABITANTS WITHIN ITS JURISDICTION

BASIC, REGULAR AND DIRECT SERVICES AND EFFECTIVE GOVERNANCE OF THE INHABITANTS WITHIN ITS JURISDICTION.

PROJECT AND ACTIVITIES IN THE COMMUNIT AND AS A FORUM WHEREIN THE COLLECTIVE VIEWS OF THE PEOPLE MAY BE EXPRESSED, CRYSTALLIZED AND CONSIDERED AND WHERE DISPUTES MAY BE AMICABLY SETTLED.

To broaden the base of governmental power.

Dec. of Power

Abdication by the national government of political power in favor of the Local Government.

ARMM is an example of Dec. of Administration.

municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies

D. Creation and Dissolution1. Authority to Create: “created, divided, merged, abolished or its boundaries substantially altered…”Law Ordinance

Province, City, Municipality or any other political subdivision

Barangay located within its territorial jurisdiction.

2. Requisites/Limitations on creation or conversion

a. Sec. 10, Art. X. In accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Plebiscite Requirement- Approved by a majority of votes cast in a plebiscite called for the purpose in the Political Unit or units

directly affected.- Conducted by COMELE within 120 days from the date of effectivity of the law or ordinance effecting such

action, unless said law or ordinance fixes another date

b. Sec. 7. RA 7160. Based on verifiable indicators of viability and projected capacity to provide services.

Income- sufficient, based on acceptable standards to provide for all essential government facilities and services and special functions commensurate with the size of the population.

Population – determined as the total number of inhabitants within the territorial jurisdiction

Land Area- Contiguous, unless separated comprises two islands or is separated by a local government unit independent of others. Proprely identified by metes and bounds with technical description and sufficient to provide for such basic services and facilities to meet the requirements of its populace.

Barangay Municipality City Highly Urbanized City

Province

Income P2.5M P100M P50M P20M

Population 2,000 (5,000 in MM)

25,000 150,000 200,000 250,000

Land Area 50km2 100km2 2,000km2


Attested to by the Department of Finance, NSO, Land Management Bureau of the DENR.

Other limitations may be found in the Bill of Rights affording protection to rights, property and contracts of inhabitants.

3. Beginning of corporate existence- Election and qualification of its chief executive and majority of the members of its sanggunian, unless some

other time is fixed therefor by the law or ordinance creating it4. Abolition

a. Division and Merger – same requirements provided that such division shall not reduce the income, population or land area to less than the minimum.

b. Abolition – when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation as certified by the national agencies mentioned. Law shall specify the province, city or municipality with which the local government unit sought to be abolished will be incorporated or merged.

5. De facto municipal Corporationsa. Valid law authorizing incorporationb. Attempt in good faith to organize under itc. Colorable compliance with the lawd. Assumption of corporate powers

6. Attack against invalidity- Quo Warranto or other direct proceeding- Reserved to the State- No collateral attack- Applies only when the municipal corporation is, at least, a de facto corporation

E. Local Government Code1. Effectivity: January 1, 1992, unless otherwise provided herein, after its complete publication in at least one

newspaper of general circulation.2. Scope of Application – all provinces, cities, municipalities, barangays and other political subdivisions as may be

created by law, to the extent herein provided, to officials, offices or agencies of the National Government3. Declaration of Policy

a. Territorial and political subdivisions shall enjoy- Genuine and meaningful autonomy - To enable them to attain their fullest development as- Self-reliant communities - And make them more effective partners in the attainment of national goals

b. Ensure accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum and

c. Require all national agencies and offices to conduct periodic consultations with appropriate LGU, non-governmental and people’s organizations and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions

4. Rules of Interpretationa. Liberally interpreted in favor of LGU and in case of doubt, any question shall be resolved in favor of devolution of

powers and of the LGUb. Tax ordinance or revenue measure- construed strictly against LGU enacting it and liberally in favor of tax payer.

Tax exemption construed strictly against the person claimingc. Rights and obligations existing on the date of effectivity of LGC and arising out of contracts or any other source of

prestation involving LGY- governed by original terms and conditions of said contracts or the law in force at the time such rights were vested

d. In resolution of controversies arising under the Code where no legal provision or jurisprudence applies, resort may be had to the customs and traditions in the place where the controversies take place.

General Powers and Attributes of LGUA. Powers

1. Sourcesa. Sec. 25, Art. II, Sec 5,6,7 Art. X of Constitutionb. Statutesc. Charterd. Doctrine of the right of self-government but applies only to states which adhere to the doctrine

2. Classificationa. Express, implied, inherentb. Public or Governmental, private or proprietaryc. Intramural, extramural


d. Mandatory, Directory: ministerial, discretionary3. Execution of Powers

a. Prescribed by statuteb. If silent, LGU has discretion to select reasonable means and methods of exercise.

B. Governmental Powers1. General Welfare – all LGU shall exercise powers expressly granted, implied and incidental for its efficient and

effective governance and those essential to promotion of the general welfare. Ensure and support

a. Preservation and enrichment of cultureb. Promote health and safetyc. Enhance the right of the people to a balanced ecologyd. Encourage and support development of appropriate and self-reliant scientific and technological capabilitiese. Improve public moralsf. Enhance prosperity and social justiceg. Promote employment among its residentsh. Maintain peace and orderi. Preserve the comfort and convenience of their inhabitants

General welfare clause is a statutory grant of Police Power Limitations

a. Exercisable within territorial limits of LGU except for protection of water supplyb. Equal protection clausec. Due Process Clause

Valid ordinance:1. Must not contravene Constitution and Statute2. Not be unfair and oppressive3. Not be partial or discriminatory4. Not prohibit but may regulate trade5. Not be unreasonable 6. Must be general in application and consistent with public policy

2. Basic Services and facilitiesa. LGU shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties

and functions currently vested upon themb. They shall also discharge the functions and responsibilities of national agencies and offices devolved to

them to this Code. They shall likewise exercise such other powers and discharge such other functions as are necessary appropriate or incidental to efficient and effective provision of the basic services and facilities enumerated therein

SEC. 17. Basic Services and Facilities. –

(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein

(b) Such basic services and facilities include, but are not limited to, the following:

Barangay Municipality Province CityAgricultural support services Research Services and

facilities related to agriculture, fishery and poultry

Agricultural extension an research facilities

Same as Province

Health and social welfare services

Community based forestry projects

Industrial research and development services as well as transfer of appropriate

Adequate communication and transportation


technologyHygiene and sanitation Implementation of programs

and projects on health careForestry projects Support for education, police

and fire services and facilitiesMaintenance of Katarungan pambarangay

Social welfare services which include programs and projects on child an youth welfare

Hospitals and tertiary health services

Barangay roads and water supply

Solid waste disposal and general hygiene and sanitation

Provincial buildings

Infrastructure facilities Muicipal buildings and other facilities

Infrastructure

Information and reading center

Infrastructure facilities Low cost housing

Satellite or public market Public markets, slautherhouses

Investment support services

Cemetery Modernization of tax information and collection services

Tourism Inter-municipal telecommunications

Sites for police and fire stations and municipal jails

Tourism development and promotion programs

Devolution – Act by which the National Government confers powers and authority upon the various local government units to perform specific function and responsibilities.

3. Power to Generate and Apply Resources

Fundamental Principles of Taxationa. Taxation shall be uniform in each LGUb. Equitable and based as far as practicable on the taxpayer’s ability to pay;- Levied and collected for public purpose; - Not unjust, excessive, oppressive or confiscatory;- Not contrary to law, public policy, national economic policy;- Or in restraint of tradec. Collection cannot be left to any private persond. Revenue collected shall inure solely to the benefit of and subject to disposition of LGU;e. Progressive

Fundamental Principles of Financial Affairs

a. No money paid out of local treasury except in pursuance of an appropriation ordinance or lawb. LG funds spent solely for public purposesc. Local Revenue generated only from sources expressly authorized by law or ordinance, and collection be

acknowledged properlyd. All money received by LG officer shall be accounted fore. Trust fund shall not be paid out except in fulfillment of the purpose for which trust was createdf. Bonds of LG officer whose duty permits or requires the possession or custody of local funds g. LG shall formulate sound financial plansh. Local Budget plans harmonized with National development plansi. Local budget shall operationalize local development plansj. LGU ensures that budgets incorporate the requirements of their units and provide equitable allocationk. National planning shall be based on local planningl. Fiscal responsibility shared by all exercising authority over financial affairsm. Balanced budget in each fiscal year

4. Eminent Domain

Limitation

a. Exercised by Local chief executive acting pursuant to a valid ordinanceb. Public use or purpose or welfare, fro the benefit of the poor and the landlessc. Only after a valid and definite offer has been made and not accepted by owner


5. Reclassification of Lands- Ordinance passed after conducting public hearings.

a. When the land ceases to be economically feasible and sound for agricultural purposesb. Land has substantially greater economic value for residential, commercial, or industrial purposes as

determined by the sanggunian.

6. Closure and opening of Raods- Ordinance- Approved by at least 2/3 of all the members of sangguian- Substitute for public facility shall be provided

Limitation

a. Adequate provision for maintenance of public safetyb. Temporary closure may be made during an actual emergency, fiesta celebrations, public rallies

7. Local Legislative Power – Exercised by the Local Sanggunian

a. Products of Legislative Action1. Ordinance – Prescribes a permanent rule of conduct2. Resolution – Temporary character, or expresses sentiment

b. Requisites1. Must not contravene Constitution and Statute2. Not be unfair and oppressive3. Not be partial or discriminatory4. Not prohibit but may regulate trade5. Not be unreasonable 6. Must be general in application and consistent with public policy

c. Approval- Ordinances passed by SPL, SPLU, SB shall be approved:

1. If the local Chief Executive approves the same, affixing his signature on each and every page thereof2. i. Local Chief Executive vetoes the same,

ii. Overridden by 2/3 vote of all members of the sanggunian

Veto shall be communicated by Local Chief Executive to the sanggunian within 15 days of province or 10 days in case of a city or municipality, otherwise, the ordinance shall be deemed approved as if he signed it

Local Chief Executive may veto the ordinance only once on the ground that ordinance is ultra vires or that it is prejudicial to the public welfare.

d. Review by Sangguniang Panlalawigan- Within 3 days after the approval- Secretary of sangguniang panlungsod or sangguinag bayan shall forward to Sanggunian panlalawigan for

review, copies of approved oridnances and resolutions approving the local development councils.- Sanggunian Pnalalawigan shall review the same within 30 days- Decree as invalid or valid. If no action is taken within 30 days, valid.

e. Review of Barangay Ordinances- Witin 10 days- Sangguniang barangay furnishes sangguinang bayan or lungsod for review- Within 30 days, return with comments and recommendations for adjustment, amendment or modicifaction

if inconsistent with law or city or municipal ordinances- If no action is taken within 30 days, it is deemed approved.

f. Enforcement of disapproved ordinances/resolutions- Attempt to enforce a disapproved ordinance or resolution after disapproval shall be sufficient ground for

the suspension or dismissal of official or employee


g. Effectivity- 10 days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol,

or city, municipal or barangay hall, and in at least two other conspicuous places in the local government unit concerned.

8. Authority over Police Units

C. Corporate Powers- Full Autonomy in the exercise of their proprietary functions and in the management of economic

enterprises, subject to limitations provided in the code and other applicable laws.1. Continuous succession in its corporate name2. Sue and be Sued - Commenced by the Local Executive upon the authority of the Sanggunian except when the City Councilors

by themselves and as representatives of or on behalf of the City, bring the action to prevent unlawful disbursement of City funds.

3. Have and use a corporate seal4. Acquire and convey real or personal property5. Power to enter into contracts

Requisitesa. LGU has the express, implied or inherent power to enter into the particular contractb. Entered into by the proper department, board, committee, officer or agent. Unless provided by the

Code, no contract may be entered into by the local chief executive on behalf of the local government unit without prior authorization by the Sanggunian concerned

c. Comply with certain substantial requirementsd. Comply with formal requisites

Ultra-vires contract – entered into without compliance with the first and third requisites. Null and void. Cannot be ratified or validated. Ratification is possible only when there is non-compliance with the second and/or the fourth requirements above. Ratification may either be express or implied.

MUNICIPAL LIABILITY

Local Government units and their official s are not exempt from liability for death or injury to persons or damage to property

1. Provisions making law making LGU liablea. Article 2189 CC – LGU is liable in damages for death or injuries suffered by reason of the defective condition of

roads, streets, bridges, public buildings, and other public worksb. Art. 2180 (6) CC – The state is responsible when it acts through a special agentc. Art. 34 CC – The LGU is subsidiarily liable for damages suffered by a person by reason of the failure or refusal of a

member of the police force to render aid and protection in case of danger to life and property

2. Liability for Torta. If the LGU is engaged in governmental functions, it is not liableb. If engaged in proprietary functions, LGU is liable

3. Liability for Violation of Law4. Liability for Contracts

- Municipal corporation, like an ordinary person, is liable on a contract it enters into provided that the contract is intra vires.

- Private individual who deals with a municipal corporation is imputed constructive knowledge of the extent of the power or authority of the municipal corporation to enter into contracts

- Estoppel does not lie against the municipal corporation


- The doctrine of implied municipal liability – A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract.

LOCAL OFFICIALS

Provisions applicable to elective and appointive local officials

1. Prohibited Business and Pecuniary Interesta. Engage in any business transaction with the LGU in which he is an official or an employee or over which he has

the power of supervision or with any of its authorized, officials, agents or attorneys whereby money is to be paid or property or any other thing of value is to be transferred

b. Hold such interests in any cockpit or other games licensed by the LGUc. Purchase any real estate or other property foereited in favor of the LGU for unpaid taxes or assessment or by

virtue of a legal process at the instance of the LGUd. Be a surety for any person contracting or doing business with the LGU for which a surety is requirede. Possess or use any public property of the LGU for private purposef. Prohibitions and inhibitions prescribed in RA 6713

2. Practice of Professiona. All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any

occupation other than the exercise of their functions as local chief executiveb. Sanggunian members may practive their profession, engage in any occupation, or teach in school except during

session hours. Provided, if members of the bar:- Shall not appear as counsel in any court in any civil case wherein the LGU or any office or agency of

government is the adverse party- Appear as counsel in any criminal case wherein an officer or employee of the national LG is accused of an

offense in relation to his office- Collect any fee for their appearance in administrative proceedings involving the LGU of which he is an

official- Use property and personnel of government except when the sangguinan member concerned is defending

the interest of the government. c. Doctors of medicine may practice their profession even during official horus of work only on occasions of

emergency, provide they do not derive monetary compensation therefrom.

3. Prohibition against appointmenta. No elective or appointive local official shall be eligible for appointment or designation in any capacity to any

public office or position during his tenureb. Except for losing candidates in barangay elections, no candidate who lost in any election shall within one year

after such election be appointed to any office in the government or any government-owned or controlled corporation or their subsidiaries.

Elective Local Officials

1. Qualificationsa. Citizen of the Phlippinesb. Registered voter in the Barangay, municipality, city or province

(if Sanggunian, in the district where he intends to be elected)c. Resident therein for at least 1 year immediately preceding the electiond. Able to read and write Filipino or any other local language or dialecte.

Governor 23

Vice Governor 23

Sanggunian Panlalawigan

23


Mayor (Highly urbanized cities)

23

Vice Mayor (Highly Urbanized Cities)

23

Sangguniang Panlunsod (Highly Urbanized cities)

23

Mayor 21

Vice Mayor 21

Sangguniang Panlungsod

18

Sangguniang Bayan

18

Punong Barangay

18

Member of Sangguniang Barangay

18

SK 15-21

2. Disqualificationsa. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or

more of imprisonment within two years after serving sentenceb. Removed from office as a result of an administrative casec. Convicted by final judgment for violating the oath of allegiance to the Republicd. Dual Citizenshipe. Fugitives from justice in a criminal or non-political cases here or abroadf. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to

avail of the same right after the effectivity of the Codeg. Insane or feeble minded

3. Manner of Election

a. Elected at large.b. Sanggunian Panlalawiga, panlungsod and bayan- elected by district as may be provided by lawc. Presidents of the leagues of Sanggunian members of component cities and municipalities shall serve ex officio

members of the sangguniang panlalawigan concernedd. Presidents of liga ng mga barangay and pederasyon ng mga sangguinang kabataan shall serve as ex officio members of

the sangguniang panlalawiagan panglungsod or bayan.e. Sectoral representatives

- Women- Workers- Urban Poor- Indigenous cultural communities


- Disabled persons- Any other sector

4. Date of Election - every three years on the second Monday of May unless provided by law5. Term of Office

- 3 years - Cannot serve for more than 3 consecutive terms in the same position- Barangay officials and SK- 5 years

It is not enough that an individual has served three consecutive terms in an elective local office. He must also have been elected to the same position for the same number of times before the disqualification can apply.

Requisites for three term limita. Official concerned has been elected for 3 consecutive terms in the same local government postb. Served 3 consecutive terms

6. Successiona. Permanent Vacancies – arises when an elective official fills a higher vacant office, refuses to assume office, fails

to qualify, dies, is removed from office, voluntarily resigns or is permanently incapacitated to discharge the functions of his office.

- Governor succeeded by Vice Governor- Mayor succeeded by Vice Mayor

- Vice governor/ Vice Mayor succeeded by highest ranking sangguinan member or second highest

Ranking shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding election.

b. Temporary Vacancies

- Physical or legal reasons

- Leave of absence- Travel Abroad- Suspension from office

- VG and VM or highest ranking sanggunian member automatically exercises powers and performs duties and functions of Local chief executive except:a. Power to appoint, suspend or dismiss employees – such power can be exercised if the period of

incapacity exceeds 30 working days.

- If local chief executive is travelling within the country but outside his jurisdiction for a period not exceeding three consecutive days, he may designate in writing the officer in charge of the said office.

7. Compensation- Determined by Sanggunian concerned subject to provisions of RA 6758- Not less than 1,000 for punong barangay- Not less than 600 for sanggunian barangay member

8. Resignation- Valid only if acceptedPresident Governors, VG, M and VM of Highly urbanized cities

and independent component cities

Governor Municipal M and VM of component cities

Sanggunian Sanggunian members

City or Municipal Mayor Barangay officials


- Resignation shall be deemed accepted if not acted upon by the authority concerned within 15 working days from receipt thereof.

- Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records.

9. Grievance Procedure- Local chief executive shall establish a procedure to inquire into resolve or settle complaints and grievances

presented by local government employees10. Discipline

Groundsa. Disloyalty to the Philippinesb. Culpable violation of the Constitutionc. Dishonesty, oppression, misconduct in office, gross negligence, or Derelictiond. Commission of any offense involving moral turpitude or offense punishable by at least prision mayor.e. Abuse of authorityf. Unauthorized absence for 15 consecutive working days except in the case of members of the sangguniang

panlalawigan, panlungsod bayan and barangayg. Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another

country.h. Such other grounds as may be provided in this Code and other laws

Complaints

Who To Whom

Provincial, Highly urbanized city or independent component city elective official

Office of the President

Elective municipal officials Sangguninang panlalawigan, appealed to Office of President

Elective Barangay officials Sangguniang panlungsod or bayan. Decision shall be final and executory

Preventive Suspension

- Imposed by the President, Governor, Mayor- After the issues are joined- When the evidence of guilt is strong, gravity of the offense- Great probability that the continuance in office of the respondent could influence the witnesses or pose a

threat to the safety and integrity of the records and other evidence- Shall not extend beyond 60 days- If several are filed, he cannot be suspended for more than 90 days within a single year on the same ground

or grounds existing and known at the time of the first suspension

Penalty

- Penalty of suspension shall not exceed his unexpired term, or a period of 6 months for every administrative offense nor shall be a bar to the candidacy of the respondent as long as he needs he meets the qualifications required.

Administrative Appeal

- Within 30 days

Who To Whom

Decisions of Component cities’ SPLU and SB Sangguniang Panlalawigan


Decisions of SPL and SPLU of Highly Urbanized cities and independent component cities

President. Final and executor

Execution pending appeal

- Shall not prevent a decision from being executed- Respondent shall be considered as having been placed under preventive suspension during the pendency of

the appeal

But AO 18 so long as not repugnant to LGC, authorizes president to stay the execution pending appeal

Effect of Re-election

- Bars the continuance of the administrative case against him inasmuch as the re-election is tantamount to condonation by the people.

Appointive Local Official

Responsibility for human resources and development

- Local Chief Executive shall be responsible - In accordance with Constitution, laws including policies, guidelines and standards as the CSC may establish

o Local Chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the Sangguian without the need of approval or attestation by the CSC as long as said employment shall not exceed 6 months.

Appointive Officials

1. Secretary to Sangguinan2. Treasurer3. Assessor4. Accountant5. Budget Officer6. Planning and Development Coordinator7. Engineer8. Health Officer9. Civil Registrar10. Administrator11. Legal Officer12. Agriculturist13. Social Welfare and Development Officer14. Environemnt and Natural Resources Officer15. Architect16. Information Officer17. Cooperatives Officer18. Population Officer19. Veterinaria20. General Sergices Officer

Administrative Discipline

- Investigation and adjudication of administrative complaints as well as suspension and rmoval shall be in accordance with the Civil Service law and rules and other pertinent laws

o Preventive Suspension – Local Chied executive may preventively suspend for a period not exceeding 60 days any subordinate official or employee under his authority pending investigation if the chargeagainst such official or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of the duty or if there is reason to believe that the respondent is guilty of charges which would warrant his removal from the service.


o Disciplinary Jursidiction – Removal, demotion in rank suspension for not more than 1 year without pay, fine in an amount not exceeding 6 months salary or reprimand.

If penalty imposed is suspension without pay for not more than 30 days his decision shall be final if the penalty imposed is heavier, the decision shall be appealable to the CSC which shall decide the appeal within 30 days from receipt.

INTERGOVERNMENTAL RLEATIONS

National Government

1. Power of General Supervision - Vested on the President over LGU- To ensure their acts are within the scope of prescribed powers and functions- Supervisory authority directly over:

o Provinceso Highly urbanized citieso Independent Component cities

Through the province with respect to component cities and municipalities Through the City and municipality over barangays

2. Coordination with national agencies - National agencies and offices with project implementation functions- Coordinate with one another and with LGU in discharge of these functions- Ensure participation of LGU both in planning and implementation of said national projects

3. Consultation- Consultation under Sec. 2 and 26- Prior approval of Sanggunian - Occupants in areas where projects are to be implemented shall not be evicted unless appropriate relocation

sites have been provided

PNP

- Extent of Supervision and control is governed by RA 6795

Inter-Local Government Relations

1. Province through governor, shall ensure every component city and municipality within its territorial jurisdiction acts within the scope of its prescribed powers and functions

- Highly urbanized cities and independent component cities shall be independent of the province2. In the absence of a municipal legal officer, the municipal government may secure the opinion of the

provincial legal officer and in his absence, provincial prosecutor3. City or municipality through mayor shall exercise general supervision over component barangays to ensure

that said barangays act within the scope of their prescribed powers and functions4. LGU may through ordinances group themselves, consolidate or coordinate efforts, services and resourcesfor

purposes commonly beneficial to the.

People’s and Non-Governmental Organizations

1. LGU shall promotre establishment and operation of people’s and NGO to become active partners in the pursuit of Local Autonomy

2. LGU may enter into joint ventures and such other cooperative arrangements in the delivery of certain basic services

3. LGU through Local Chief Executive and concurrence of sanggunian concerned, provide assistance, financial or otherwise for economic, socially-oriented, environmental or cultural projects to be implemented within its territorial jurisdiction

Mandated Local Agencies


1. Local School Board2. Local Health Board3. Local Development Council4. Local Development Council5. Local Peace and Order Council

Settlement of Boundary Disputes

1. Between LGU shall be settled amicably.

Rules

Involving Resolved by

Two or more barangays in the same city or municipality

Sanggunian Panlungsod or Sangguniang Bayan

Two or more municipalities in the same province

Sangguian Panlalawigan

Municipalities or Component cities in different provinces

Jointly referred to sanggunians of the provinces concerned

Component city or municipality on one hand and a highly urbanized city on the other or 2 or more highly urbanized cities

Jointly referred to respective sanggunians

2. In the event sanggunian failt to effect a settlement within 60 days from the date the dispute was referred to it:

Issue a certification to this effect Dispute formally tried by the sanggunian concerned which shall decide within 60 days from

certification3. Within the time and manner prescribed by the ROC, any party may elevate the decision fo proper RTC

having jurisdiction over the area and decide the appeal within 1 year from filing4. Boundaries must be:

Clear for they define the limits of the territorial jurisdiction It can legitimately exercise its powers only within the limits of its territorial jurisdiction Beyond the limits, it is ULTRA VIRES

LOCAL INITIATIVE AND REFERENDUM

Local Initiative – The legal process whereby the registered voters of a LGU may directly propose, enact or amend any ordinance. It may be exercised by all registered voters of the Provinces, cities, municipalities and barangays.

Procedure

1. Not less than 2,000 registered votes in the regiono 1,000 – Provinces and Citieso 100 – Municipalitieso 50 – Barangayso May file a petition with the sanggunian concerned.

2. If no favorable action is taken within 30 days, the proponents may invoke the power of initiative giving notice to sanggunian

3. Proposition numbered serially starting from Roman numeral I. 4. Proponents shall have the following periods to collect required number of signatures:

o 90 days – Provinces and Citieso 60 days – Municipalities


o 30 das – Barangays 5. Petition signed before the election registrar or representatives and in the presence of the proponent and a

representative of the sangguninan concerned in a public place6. Upon lapse of period, COMELEC shall certify whether the required number of signatures have been

obtained. Failure to obtain such number defeats the proposition7. If obtained, COMELC shall set a date for initiative during which the proposition is submitted to the

registered voters inn the LGU for their approval within:o 60 days – Provinceso 45 days – Municipalitieso 30 days – Barangays

8. If proposition approved by majority of votes cast it shall take effect 15 days after certification by COMELEC as if affirnmative action had been taken thereon

Limitation

On the Initiative

Not be exercised more than once a year Extend only to subjects or matters which are within the legal powers of the sanggunian to

enact If any time before initiative is held, the sangguninan adopts in toto the proposition presented

and the local chief executive approves the same, the initiative shall be cancelled. Those against it may apply for initiative in the manner herein provided.

On Sanggunian Any proposition or ordinance approved through an initiative and referendum shall not be

repealed, modified or amended by the sanggunian within 6 months from the date of approval

May be amended, modified or repealed within 3 years thereafter by a vote of ¾ of all its members

In case of Barangays, 18 months after approval

Local Referendum – Legal process whereby the registered voters of LGU may approve, amend or reject any ordinance enacted by the sanggunian.

- Held under the control and direction of the COMELEC within:o 90 days – Provinceso 45 days – Muicipalitieso 30 days – Barangays

- COMELEC shall certify and proclaim the results of the said referendum

Authority of Courts

Proper courts may declare as null and void any proposition approved pursuant hereto for violation of the Constitution or want of capacity of the sanggunian concerned to enact said measure.

LOCAL GOVERNMENT UNITSBarangay

1. Chief Officials and Officesa. 7 sanggunian barangay membersb. SK chairmanc. Barangay Secretaryd. Barangay Treasurere. Lupong Tagapamayapa

2. Barangay Assembly- Composed of all persons:

o Residents of Barangay for at least 6 monthso 15 years of age or over


o Filipino Citizenso Duly registered in the list of barangay assembly members

- Shall meet twice a year to hear and discuss semestral report of Sanggunian barangay concerning activities and finances as well as problems affecting the barangay

3. Katarungang Pambarangaya. Lupong Tagapamayapa

- Composed of Punong Barangay as Chairman- 10 to 20 members- Constituted every 3 years- Powers

o Exercise administrative supervision over conciliation panelso Meet regularly once a month to provide a forum for exchange of ideas among its members and

the public of matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes

o Exercise such other powers and perform such other duties functions as may be prescribed by law or ordinance

b. Pangkat Tagapagsudo- Constituted for each dispute brought before the lupon a conciliation panel to be known as pangkat

tagapagsundo- 3 members who shall be chosen by the parties to the dispute from the lsit of members of the lupon- Should they fail to agree, draw lots by the lupon chairman

4. Sangguninang Kabataan- Chairman- Seven Members- Secretary- Treasurer

Katipunan ng Kabataan- Filipino Citizens- Actually residing for at least 6 months in the barangay- 15 -21- Duly registered in the SK or official barangay list - Meet once every 3 months or at the call of the SK chairman or upon written petition of at least 1/20 of its

members

Pederasyon ng mga SK- Municipalities – Pambayang pederasyo- Cities – Pnlungsod ng pederasyo- Provinces – Panlalawigang pederasyo- Special Mertropolitan political subdivisions – pang metropolitan pedrasyon- National Level –Pambansang pederasyon

Leagues of LGU

1. Liga mg mga Barangay - Primary purpose of determining representation of the Liga in the sanggunians - Ventilating articulating and crystallizing issues affecting barangay government administration- Securing solutions through proper and legal means

2. League of Municipalities- Primary purpose of determining representation of the Liga in the sanggunians - Ventilating articulating and crystallizing issues affecting municipal government administration- Securing solutions through proper and legal means

3. League of Cities4. League of Provinces5. League and Federation of Local Elective Officials


PUBLIC INTERNATIONAL LAWGENERAL PRINCIPLES

A. International Law defined

Traditional ModernBranch of public law w/c:Regulates relations of States & of other entities granted int’l personality. [This def’n focuses on subjects w/c are entities possessing:- int’l personality &- w/ rights & obligations recognized under international law,As against objects w/c are persons or things in w/c rights are held & oblig assumed by the subjects of int’l law]

Law w/c deals w/:- Conduct of States & int’l org- Their relations w/ each other- & their relations w/ persons, natural or juridical

B. Basis of Int’l Law

Law of Nature School Possitivist School Ecletic or Groatian School-natural & universal principle of right & wrong-independent of mutual intercourse/ compact w/c can be discovered & recognized by every indiv. through the use of his reason & conscience.

-Binding force of int’l law: derived from agreement of States to be bound by it.-int’l law is not a law of subordination but coordination

-conforms to the dictates of right reason-the voluntary law may be said to blend w/ the natural law & be an expression of it-in case of conflict, the natural law prevails, being the more fundamental law

C. Public International Law distinguished from:

Private In’t Law Int’l Morality/Ethics Int’l Comity Int’l Diplomacy Int’l Admin. LawA. As to nature:Int’l vs. municipalB. As to remedies:Int’l modes vs. local tribunalsC. As to parties:Int’l entities vs. private personsD. As to enforcement:

Govern relations of States from the standpoint of a. Conscience b. Moralityc. Justice d. Humanity

Rules of politeness/courtesy observed by States in their relations w/other States

-objects of:a) int’l policy &b) conduct of foreign affairs

Regulates relations & activities of:a)nat’l &b)int’l agenciesw/respect to their:a)material &b)intellectual interestsw/c have received int’l recognition


Int’l sanctions vs. sheriff/ police

D. Int’l Law as true law

Although it may not comply w/John Austin’s concept of law, i.e., enforced by sovereign political authority, nonetheless it is still a true law

Application, enforcement, & compliance.Absence of a central law-making authority & the jurisdictional defects,weaken the expectation of compliance in

comparison w/ the situation in the domestic plane. These considerations are, however, balanced by the risk of political/ economic retaliation & other sanctions such as

a. adverse public opinionb. retorsionsc. reprisalsd. the UN machinerye. conviction that obedience will redound to the public good

E. Relationship w/ Municipal Law (ML)

Monist DualistNo substantial distinction between int’l law & municipal law.(oo eto lang to)

ML- issued by a political superior for observance by those under its authority- consists of enactments of law-making authority

- regulates relations of indiv. among themselves-violations are redressed through local judicial & administrative processes -breaches entail indiv responsibility

IL- not imposed but adopted by states as a common rule of action- derived from such sources as int’l customs, conventions or gen. principles of law -relations between states & int’l persons-redressed through state-to-state transactions

-collective responsibility

Doctrine of Incorporation Doctrine of transformationExpressed in S2 Art2 “The Phils. Renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land & adheres to thepolicy of peace…”

Requires the enactment by the legislative body of such int’l law principles as are sought to be part of municipal law

Conflict between International Law & Municipal Law

On the domestic sphere, w/a local court deciding International sphere, w/an int’l tribunal decidinga) if conflict is w/Consti:

uphold Constib) if conflict is w/statute:

doctrine of incorporation decrees that rules of int’l law are given equal standing w/, but not superior to national legislative enactments.A treaty may repeal a statute & a statute may repeal a treaty; thus, the principle of lex posterior derogate priori, that w/c comes last in time, will usually be upheld by the municipal tribunal

International law is superior to municipal law, because int’l law provides the standard by w/c to determine the legality of a State’s conduct.

F. Sources of Int’l Law

Domestic sphere International PlaneConstitution, legislative enactments, & case law (stare decisis).

It’s complicated (hiyess!) because there is no body likened to a nat’l legislature, no fundamental law, & the doctrine of precedents is not applicable.

However, most authoritative enumeration is found in Art. 38, Statute of the Int’l Court of Justice w/c provides that the Court, whose function is to decide in accordance w/ Int’l Law such disputes as are submitted to it, shall apply:


PRIMARY SOURCES

1. International Treaties & conventions

The Rome Statute- Signed July 17, 1998- Effective July 1, 2002- Based on the principle of complementarity- Made Philippines part of the International Criminal Court. It is a modern initiative and rather ambitious because

an individual can be tried therein and he cannot invoke immunity.- No Retroactivity- Gives primacy to local courts- No Death Penalty

2. International Customs

- Prevailing practice- Repeated over considerable period of time- Opinio Juris

3. General Principles of law

- Natural Law- Observed and Organized

To these may be added the principle of ex aequo et bono (what is good & just), provided that the parties to the dispute agree thereto, as provided in Art. 38 (1) Statute of the International Court of Justice

Interpretation of Art. 38 - Although the provision is silent on the question of whether the 3 primary sources have the same hierarchic value, by practice, treaties take precedence over customs, & customs over general principles of law, except:

The principle of jus cogens – customary int’l law w/c w/c has a status of peremptory (absolute, uncompromising, certain) norm of int’l law.

Peremptory norm- accepted & recognized by int’l community of states as a rule from w/c no derogation is permitted, & w/c can be modified only by a subsequent norm having the same character.

Ex. slave trade, piracy & terrorism

SECONDARY SOURCES

1. Judicial decisions – ICJ. Whether the norm has been accepted as a rule of international law.

2. Writings of publicists – Fair and unbiased representation of international law by acknowledged authorities in the field.

SUBJECTS OF INTERNATIONAL LAW

A. Distinction between subject & object of international law

Subject ObjectsAn entity that has rights & responsibilities under int’l law;Can be a proper party in transactions involving the application of the law of nations among members of the int’l community.Includes:States, colonies, & dependencies, mandates & trust territories, the Holy See (Vatican City), the UN, belligerent communities, international administrative bodies, & to a

A person or thing in respect of w/c rights are held & obligations assumed by the subject;Not directly governed by the rules of int’l law;It’s rights are received, & its responsibilities imposed, indirectly through the instrumentality of an int’l agency.


certain extent, individuals.

B. States

Group of people living together in a fixed territory, organized for political ends under an independent government, & capable of entering into int’l relations w/ other states.

ELEMENTS

a. People- both sexes, sufficient in number to maintain & perpetuate themselvesb. Territory- fixed portion on the earth’s surface c. Govt- organized, w/ ctrl over & capable of maintaining law & order w/in the countryd. Sovereignty/ independence- freedom from outside ctrl in the conduct of its foreign (&internal affairs)

Other suggested elements of a state:

a. civilization b. recognition - wherein state acknowledges the existence of another state, gov’t, or belligerent community & indicates

its willingness to deal w/ the entity as such under int’l law.

THEORIES ON RECOGNITION:

A. Constitutive (majority view)- Recognition is the act w/c constitutes the entity into an int’l person. - Recognition is compulsory & legal; may be compelled once the elements of a state are established

B. Declarative (majority view)-

Recognition merely affirms an existing fact, like the possession by the state of essential elements.It’s discretionary & political

BASIC RULES ON RECOGNITION

A. It’s a political actB. Discretionary on the part of recognizing authorityC. Exercised by political (executive) department of stateD. Legality & wisdom- not subject to judicial review

REQUIREMENTS FOR RECOGNITION OF GOV’T

1. Gov’t is stable & effective,2. w/no substantial resistance to its authority3. Gov’t must show willingness & ability to discharge int’l oblig.4. Gov’t must enjoy popular consent or approval of the people

Tobar/ Wilson Doctrine Stimson Doctrine Estrada DoctrinePrecludes recognition of any gov’t established by revolutionary means until constitutional reorganization by free election of representatives

No recognition of a gov’t established through external aggression

Since recognition has been construed as approval (& non-recognition, disapproval) of gov’t established through judicial upheaval, a state may not issue a declaration giving recognition to such gov’t, but merely accept whatever gov’t is in effective control w/o raising the issue of recognition. Dealing or not dealing w/the gov’t is not a judgment of legitimacy of the said gov’t

KINDS OF RECOGNITION

De facto

-Extended by the recognizing state w/c believes that some of requirements for recognition are absent.-Recognition is generally provisional and limited to certain juridical relations.-Does not bring about full diplomatic intercourse & does not give title to assets of the state held/ situated abroad

De Jure-Extended to gov’t fulfilling requirements for recognition


-when there’s no specific indication, recognition is generally considered de jure-relatively permanent-brings about full diplomatic intercourse & observance of diplomatic immunities, & -confers title to assets abroad

EFFECTS OF RECOGNITION

-diplomatic relations-right to sue in courts of recognizing state-immunity from jurisdiction-entitlement to property w/in the recognizing state -retroactive validation of the acts of the recognized state/govt, such as acts of state and thus, sovereign immunity

covers past, present & future acts

RECOGNITION OF BELLIGERENCY; CONDITIONS

1. Organized civil gov’t having ctrl & supervision over the armed struggle2. Serious & widespread struggle w/uncertain outcome3. Occupation of substantial portion of the nat’l territory4. Willingness of rebels to observe to observe rules of war

EFFECTS OF RECOGNITION OF BELLIGERENCY

Responsibility for acts of rebels resulting in injury to nationals of the recognizing state shall be shifted to the rebel gov’t;

Legitimate gov’t recognizing the rebels shall observe the laws of war in conducting hostilitiesThird states recognizing the belligerency shall maintain neutrality, andRecognition is only provisional (for the duration of the armed struggle) & only for the purpose of hostilities

CREATION OF STATES

1. Revolution2. Unification3. Secession4. Assertion of independence5. Agreement6. Attainment of civilization

PRINCIPLE OF STATE CONTINUITY

State- continues as a juristic being notwithstanding changes in its circumstances, provided only that such changes do not result in loss of any of its essential elements

Succession of States Succession of Governments

Consequences - Political laws are abrogated while municipal laws remain in force- Treaties are discontinued, except those dealing with local rights and duties such as those establishing easements and servitudes- All rights of predecessor state are inherited but successor state can assume and reject liabilities at its discretion

- Rights of predecessor government are inherited by successor- Where the new government was organized by virtue of constitutional reform ratified in a plebiscite, all obligations of the predecessor are likewise assumed, however, where the new government established through violence, the new government may lawfully reject purely personal or political obligations of the predecessor, but not those obligations contracted by it in the ordinary course of official business.

CLASSES OF STATES

A. INDEPENDENT

Has freedom to direct & ctrl foreign relations w/o restraint from other states. May be:

Single CompositeSingle central gov’t, w/power over internal & external affairs

2/ more sovereign states joined together to


constitute 1 international person, w/c may be:Real union

2/more states sre merged under a unified authority so that they form a single international person through w/c they act as 1 entity.The sy=tates retain their separate identities, but their respective international personalities are extinguished & blended in the new int’l person,e.g., the former United Arab Republic, w/Egypt & Syria.

Federal unionCombination of 2/more states w/c uponmerger, cease to be states, resulting in the creation of a new state w/full int’l personality to represent them in their external relations as well as a certain degree of power over their domestic affairs & their inhabitants.Authority over international affairs: divided between federal authorities & the member-states;Authority over external affairs: handled solely by federal authorities

B. DEPENDENT

An entity w/c although theoretically a state, does not have full freedom in the direction of its external affairs, such as a protectorate (w/c is established at request of weaker state for the protection by a strong power) or a suzerainty(result of a concession from a state to a former colony that’s allowed to be independent subject to the retention by the former sovereign of certain powers over the external affairs of the latter. E.g., Bulgaria & Rumania, both suzerainties of the Sultan of Turkey by virtue of Treaty of Verlin)

C. NEUTRALIZED

Independence & integrity are guaranteed by an int’l treaty on the condition that such state obligates itself never to take up arms against another (except self-defense), or to enter into an int’l obli. as would indirectly involved it in war, e.g., Switzerland, Austria

Vatican city & the Holy SeeHoly See- has all constituent elements of statehood (people: less than 1000 individuals; territory: 108.7 acres; gov’t

w/the Pope as head; & independence by virtue of Lateran Treaty of 1929 w/c constituted Vatican as a territory under sovereignty of Holy See)

It has all the rights of the state, including diplomatic intercourse, immunity from foreign jurisdiction, etc

D. Colonies & Dependencies

COLONY DEPENDENCYDependent political community consisting of a number of citizens of the same country who have migrated therefrom to inhabit another country but remain subj of mother state

Territory distinct from the country in w/c supreme sovereign power resides, but belongs rightfully to it, &subject to laws & regulations w/c sovereign may prescribe.

E. Territories under Int’l court / supervision

Non-self-governing territories placed under int’l supervision/ctrl to insure their political, eco, soc & educ advancement.

Ex. mandates w/c are former territorial possessions of the states defeated in World War I & placed under the control of League of Nations. Many of these mandates became trust territories placed under the trusteeship council of the UN

F. The United Nations

1. Historical development.2. UN charter

- Closest to Consti. Governs relations of int’l persons.-Technically a treaty, a contract under doctrine of pacta sunct servanda although it actually applies even to non-

member states, at least in so far as “may be necessary for maintenance of international peace & security”

Amendment: a. 2/3 vote of GA mem & ratified by 2/3 of UN members.


b. General conference called by majority vote of GA & any 9 members of Security Council (SC), may propose amendments by a 2/3 vote of the conference & shall take effect when ratified by 2/3 of UN mem

Purpose: Prevention of war, maintenance of int’l peace & security, dev’t of friendly relations among the members of int’l community, int’l cooperation, harmony of actions of nation

3. Membership:

Classes Original or ElectiveQualification Member must be a state, peace loving, accept the obligation under the charter and be able and willing to carry

out these obligationsAdmission Decision of 2/3 of those present and voting in the GA upon recommendation of at least 9 members of the

Security CouncilSuspension Same vote as admission. Suspended member cannot participate in GA meetings. Can’t be elected to or

continue to serve in the Security council, Economic and social Council, Trusteeship council but nationals may continue the secretariat and the ICJ although a member is still subject to discharge its obligation under the charter. To lift the suspension, a qualified majority vote of the Security Council is needed.

Expulsion 2/3 vote of those present and voting in GA upon recommendation of qualified majority of SC on grounds of persistently violating principles in the charter

Withdrawal No provision on withdrawal, although there is actually no compulsion for continued membership if the member feels constrained to withdraw due to exceptional circumstances

4. Organs:

A. General Assembly- consists of all members of organization, each of w/c is entitled to send not more than 5 representatives & 5 alternates. Each member only has 1 vote.

Functions:1. Deliberative2. Supervisory3. Financial4. Elective5. Constituent

B. Security Council - key organ in maintenance of int’l peace & security.

. Functions:1. Maintain in’t peace & security2. Investigate disputes & call disputants to settle their differences through peaceful means3. Recommend methods of adjustment of disputes4. Determine existence of threats to peace, breach of peace, acts of aggression, & make appropriate

recommendations5. Undertake preventive & enforcement actions

Preventive action Enforcement actionProvisional measures to prevent a conflict from worsening Deployment of air, sea, and land forces, or in the

Institution of a blockade.

Domestic jurisdiction clause - SC may take necessary steps for settlement of disputes including preventive or enforcement action. The only limitation is that the dispute must be international, not domestic in character.

C. Economic & Social Council

Composed of 54 members elected by GA for a 3yr term.

Shall exert efforts towards higher standards of living, conditions of economic & social progress & dev’t, solutions of int’l economic, soc, health & related problems

D. Trusteeship Council

Duty of assisting SC & GA in administration of Int’l Trusteeship system.

E. Secretariat

Chief administrative organ of UN. Headed by sec gen chosen by GA upon recommendation of SC. Sec Gen- highest rep of UN & is authorized to act in its behalf; his staff are also international civil servants, & can’t receive instructions from any gov’t or source outside the UN. He also enjoys right of political initiative


F. Int’l Court of Justice

Principal judicial organ of UN. Composed of 15 mem, 9yr term, must be of high moral char & possess qualify required in their respective countries for appointment to their highest judicial offices

Jurisdiction of the Court is based on the consent of the parties in accdce w/the optional jurisdiction clause, & the court may decide on interpretation of treaties, any question of int’l law, the existence of facts constituting breach of int’l oblig

G. Belligerent Communities

H. International Administrative Bodies

Certain admin bodies created by agreement among states, may be vested w/ int’l personality provided they are non-political & are autonomous & not subj to ctrl by any state

>Unlike States w/c possess gen competence, int’l org are governed by the principle of specialty, that is, they are invested by the Stated w/c create them w/powers, the limits of w/c are a function of common interest whose promotion those states entrust to them.

I. Individuals

- Objects, not subjects of int’l law- Granted a certain degree of int’l personality under a number of int’l agreements like:- UN Charter provisions, Universal Declaration of Human Rights provision on “inherent dignity & equal &

inalienable rights of all members of human family, some treaties like Treaty of Versailles, w/c confer on individual the right to bring suit against States before National or int’l tribunals

FUNDAMENTAL RIGHTS OF STATE

A. Existence & Self- preservation

The most basic & impt right. UN Charter: rt of state to individual & collective SD if an armed attack occurs against such state, until the SC has taken measures to maintain int’l peace & security. Needs: clear showing of grave & actual danger and must be limited by necessity

Aggression: use of armed force by a state agaist sovereignty, territorial integrity, or political independence of another state inconsistent w/ UN charter. The 1st use of armed force by a state in contravention of UN charter is prima facie evidence of an act of aggression.

B. Right to sovereignty & independence

Sovereignty IndependenceTotality of powers, legal competence & privileges of a state arising from customary int’l law, & not dependent on the consent of another state

Freedom to conduct foregn relations w/o outside ctrl.Rt to independence- natural aspiration of people but not an absolute freedom

Intervention- state interferes in the domestic or foreign affairs of another state through use of force/ threat of force

C. Right of Equality

What is really guaranteed is legal or sovereign equality. “equal in law, rights of sovereignty, personality, territorial integrity & political independence respected by others”.

Act of State Doctrine

Every sovereign state is bound to respect the independence of every other state, & the courts of 1 country will not sit in judgment on the acts of the gov’t of another, done w/in its territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves

Doctrine of State ImmunityAs a consequence of independence, territorial supremacy & equality, a state enjoys immunity from the exercise of

jurisdiction (legislative, executive or judicial) by another state, unless it has given consent, waived its immunity, or voluntarily submitted to the jurisdication of the court concerned. Neither may its public property be attached or taxed, nor its public vessels be boarded, arrested or sued.

Based on the principle of par in parem non habet imperium.


Restrictive application of the doctrineThis immunity however is recognized only w/respect to sovereign or public acts of the state, & cannot be invoked w/

respect to private or proprietary acts.Immunity extends to diplomatic personnel to the UN, its organs, & specialized agencies, & to int’l organizations.

Waiver of immunity1. When state gives consent at the time the proceeding is instituted2. When it takes steps relating to the merits of the case before invoking immunity 3. When, by treaty or contract, it had previously given consent4. When by law or regulation in force at the time the complaint arose, it has indicated that it will consent to the

institution of the proceedings

RIGHT TO TERRITORIAL INTEGRITY & JURISDICTION

A. Territory

Fixed portion on earth’s surface on w/c the State settles & over w/c it has supreme authority. The components of the territory of the State are the terrestrial, fluvial, maritime and aerial domains.

B. Land TerritoryModes of acquisition

Discovery & occupation Prescription Cession conquest accretionTerritory not belonging to any State or terria nullius is placed under sovereignty of the claiming state. “Discovery” alone, merely creates an inchoate right;Must be followed w/in a reasonable time by effective occupation & administration.

Acquired through continuous & uninterrupted possession over a long period of time, just like in civil law. In international law however, there is no rule of thumb as to the length of time needed.Grotius doctrine of immemorial prescription – speaks of uninterrupted possession going beyond memory.

May be voluntary through a treaty of sale, e.g., the sale of Alaska by Russia to the US, or through a treaty of donation.May also be involuntary or forced

No longer recognized mode, as UN charter prohibits use of force or threat against territorial integrity or political independence of any State.[Stimson Doctrine]

Increase in land area of State either through natural means or artificially through human labor

C. Maritime Territory

1. Internal (national) waters- Bodies of water w/in the land mass such as rivers, lakes canals, gulfs, bays & straits- Rivers- may be nat’l, boundary, or international

Thalweg doctrine- for boundary rivers, in the absence of an agreement between the riparian States, the boundary line is laid on the middle of the main navigable channel Middle of the bridge doctrine- if there’s a bridge over a boundary river, boundary line is the middle or center of the bridge

2. Archipelagic waters

Vessels may be allowed innocent passage w/in archipelagic waters, but this rt may be suspended after publication, in the interest of int’l security. The coastal state may also designate archipelagic sea lanes for continuous, unobstructed transit of vessels.

3. Territorial Sea


Belt of sea between coast & internal waters of coastal state on one hand & high seas on the other, extending up to 12 nautical miles from low watermark or in the case of archipelagic states, from baselines

4. Contiguous Zone

Extends up to 12 nautical miles from territorial sea. Technically not part of territory of state. Coastal state may exercise limited jurisdiction over contiguous zone, to prevent infringement of customs, fiscal, immigration or sanitary laws.

5. Exclusive Economic Zone

Extends up to 200 nautical miles from low watermark or baselines, as the case may be.

6. Continental Shelf

Sea-bed & subsoil of submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin does not extend to that distance. The coastal state also enjoys the right of exploitation of oil deposits & other resources in the continental shelf.

7. High seas

Treated as res communes or res nullius & thus, are not territory of any particular State.

The traditional view is freedom of high seas

Freedom of navigation refers to the right to sail ships on the high seas, subject only to int’l law & laws of the flag state.

Settlement of disputes arising from the UN convention on the Law of the Sea“Failing a bilateral settlement, Art. 286 provides that any dispute shall be submitted for compulsory settlement to 1 of

the tribunals having jurisdiction.”

D. Air Territory

Air space above the land & waters of the state

In the International Convention on Civil Aviation (Chicago convention)

The contracting parties recognize that every State has complete & exclusive sovereignty over the airspace above its territory” but does NOT include outer space as it is considered as res communes. Other States have no rt of innocent passage over the air territory of another State.

5 Freedoms (of air transportation for scheduled International services1. To fly across the territory w/o landing2. Land for non-traffic purposes3. Land to put down passenger, mail, mail, cargo of flag territory4. Land to take passenger, mail, mail, cargo of flag territory5. To put down passenger, mail, & cargo from these territories

Outer spaceRules governing high seas apply also to outer space, w/c is considered as res communes. Under customary int;l law,

States have right to launch satellites in orbit over the territorial air space of other states. Pursuant to Outer Space Treaty of 1967, “outer space is free for exploration & use by all states; it cannot be annexed by any State; & may be used exclusively for peaceful purposes”

Theories of where outer space begins-lowest altitude for artificial earth satellites to orbit w/o being destroyed by friction (90kms above earth)-theoretical limits of air flights (84kms)-functional approach, i.e.. that the rules shall not depend on the boundaries set but on the nature of the activity

undertakenE. Jurisdiction

Power/authority exercised by State over land, persons, prop, transactions & events.

Bases of Jurisdiction

Territorial principle Nationality principle Protective principle Universality Passive personalityState may exercise juris only w/in its territory. Exceptionally, it may have juris over persons

State- w/juris over its nationals anywhere in the world, based on the theory that a

State- w/juris over acts committed abroad (by nationals or foreigners) w/c are

State- w/jurisdiction over offenses considered as universal crimes regardless of

State- jurisdiction over crimes against its own nationals even if committed outside its


& acts done outside its territory depending on the kind of juris it invokes.No territorial limit over civil matters, but the state, as a GR, has criminal juris only over offenses committed w/in its territory except overa. Continuing offensesb. acts prejudicial to the national security of statec. universal crimesd. offenses covered by special agreement (although this is now obsolete)

national is entitled to the protection of the state wherever he may be.Applies to civil matters. (art15 NCC) not to crim offenses

prejudicial to its nat’l security or vital interests.(see Art2 RPC)

where committed & who committed them.Univ.crimes- threaten the int’l community as a whole & are considered crim offenses in all countries,e.g. piracy, jure gentium, genocide, white slave trade, hi-jacking, terrorism, war crimes.

territory. May be resorted to if other principles are not applicable.

Exceptions from jurisdiction:a. doctrine of state immunityb. acts of state doctrinec. diplomatic immunityd. immunity of the UN, its organs, specialized agencies, other int’l org & its officerse. foreign merchant vessels exercising the rt of innocent passage* or arrival under stress**

navigation through the territorial sea of the state for purpose of traversing that sea w/o 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.

involuntary entrance, may be due to lack of provisions, unseaworthiness of vessel, inclement weather or other force majeure such as pirate pursuit

f. foreign armies passing through or stationed in the territory w/ permission from stateg. warships & other public vessels of another state operated for non-commercial purposes.

They are generally immune from local jurisdiction under the fiction that they are floating territory of the flag state. Their crew mem are immune from jurisdiction when onshore duty but this immunity will not apply if the crew members violate local laws while on furlough or off-duty

Jurisdiction over maritime territory

a. over internal waters

Same juris as over the land area, since internal waters are deemed assimilated in land mass. In case of foreign merchant vessels docked in a local port or bay, the coastal State exercises jurisdiction in civil matters, but crim juris is determined accdg to the:

I. English RuleCoastal state shall have jurisdiction over all offenses committed on board vessel, except those w/c do not compromise

the peace of the port

II. French ruleFlag state w/juris over all offenses committed on board the vessel, except those which compromise the peace of the

port

b. over archipelagic waters

Same rule as in internal waters, save for innocent passage of merchant vessels through archipelagic sea lanes

c. over territorial sea

Crim juris over foreign merchant vessels shall be determined by application of either the English rule or French rule.Innocent passage & involuntary entrance are recognized exceptions, provided that in case of involuntary entrance, the distress on the vessels must be real.

d. over contiguous zone

Coastal State may exercise ctrl necessary to prevent infringement of its customs, fiscal, immigration & sanitary regulations, & punish the said infringement


e. over exclusive economic zone

Coastal State has sovereign rts over EEZ for exploring & exploiting, conserving & managing the natural resources, whether living or non-living, of the seabed, subsoil, & superjacent waters, as well as production of energy from water, current & wind. Other States shall have freedom of navigation & over-flight, to lay submarine cables & pipes, etc.

f. over continental shelf

State enjoys right of exploitation of oil deposits & other resources in such

g. over high seas

Juris may be exercised by the State on the high seas over the ff:1. Its vessels2. pirates3. those engaged in illicit traffic4. in the exercise of the rt to visit & search5. hot pursuit doctrine

Jurisdiction over other territories (extra-territorial jurisdiction)A state may, by virtue of customary or conventional law, extend its jurisdiction to territory not w/in its sovereignty in

the ff cases:a. assertion of personal jurisb. through relations w/other statesc. consequence of waiver of jurisdictiond. through principle of exterritorialitye. through enjoyment of easements & servitudes

Rome Statute of the Int’l Crim Court (ICC)

-Adopted in July ’98 by a conference of states in rome-Court comes into existence once 60 States have ratified the statute-Phils signed ICC on 28 Dec 2000-As of 1-4-00, 124 countries signed the statute although only 25 have ratified the same.-Jurisdiction of the court: limited to most serious crimes of concern to the international community as a whole.

: genocide, crimes angst humanity, war crimes, crimes of aggression

RIGHT OF LEGATION

A. Right of legation

A.k.a. “right of diplomatic intercourse”. This refers to the right of State to send & rcv diplomatic missions, w/c enables the States to carry on friendly intercourse. It is not a natural or inherent right, but exists only by common consent. No legal liability is incurred by the state for refusing to send or recv diplomatic rep. Governed by Vienna Convention on Diplomatic Relations

Agents of diplomatic intercoursea. Head of stateb. Foreign office

Establishment of Resident MissionsStates carry on diplomatic intercourse through permanent missions established in capitals of other states. Mission is composed of:

a. Head of mission-ambassadors/ nuncios, envoys/ministers/internuncios, charges d’affaires

b. Diplomatic staffc. Administrative & technical staffd. Service staff

-engaged in the domestic services of the mission

Diplomatic corpsDoyen or head of this body- Papal Nuncio or oldest ambassador, or in absence of amb, the oldest minister plenipotentiary


Appointment of envoysIn Phils., it is the President who appoints, sends & instructs the diplomatic & consular representatives, & his prerogative to determine the assignment of country’s diplomatic rep can’t be questioned

Functions & dutiesa. Representing the sending state in the rcvingb. Protecting in the receiving state the interests of the sending state & its nationals, w/in the limits allowed by int’l lawc. Negotiating w/the gov’t of the rcving stated. Ascertaining by all lawful means the conditions in the rcving state & reporting these to the sending statee. Promoting friendly relations bet.the sending state & rcvng state & developing their eco, cultural & scientific rel

Diplomatic immunities & privilegesa. Personal inviolabilityb. Inviolability of premises & archivesc. Rt of official communicationd. Immunity from local jurise. Exemption from taxes & customs dutiesf. Other privileges w/c include the freedom of mvmt & travel in the territory of the receiving state; exemtion from all

personal services & military obli

Duration of immunities & privilegesEnjoyed from the moment he enters the territory of rcvng state & shall cease only the moment he leaves the country, or on expiry of a reasonable time in w/c to do so; although w/respect to official acts, immunity shall continue indefinitely. Available even in transitu when traveling through a 3rd state on the way to or from the receiving state

Waiver of Immunitiesmade only by the gov’t of sending state if it concerns the immunities of the head of mission; in other cases, the waiver may be made by either the govt or by the chief mission. Waiver of this privilege does not include waiver of immunity in respect of execution of judgment; a separate waiver for the latter is necessary

Termination of Diplomatic missionDeath, resignation, removal or abolition of office, recall by sending state, dismissal by rcvng state, war between rcvng & sending state, or extinction of the state

B. Consular relations

Consuls- state agents residing abroad for various purposes but mainly in the interest of commerce & navigationKINDS OF CONSULS:

a. Consules missi- Professional & career consuls, & nationals of appointing state

b. Consules electi-Selected by appointing state either from its own citizens or from among nationals abroad

RANKSa. Consul generalb. Consulc. Vice consuld. Consular agent

APPOINTMENTLetters patentExequatur

FUNCTIONSCommerce & navigation, issuance of visa, etc

IMMUNITIES & PRIVILEGES Freedom of communication in cipher or otherwise Inviolability of archives but not of the premises where legal processes may be served & arrests made Exempt from localjurisdiction for offenses committed in the discharge of official functions Exempt from testifying on official communications or on matters pertaining to consular functions Exempt from taxes, customs duties, military/jury service May display their nat’l flag in the consulate

TERMINATION OF CONSULAR MISSIONWithdrawal of exequatur; extinction of state; war

Treaties92 | P a h i n a L O Y O L A . R E Y E S . V I B A N D O R

Treaty acc. to the 1969 Vienna Convention on the Law of Treaties - an international agreement concluded bet States in written form and governed by international law, whether embodied in a single instrument or in two or more instruments, and whatever its particular designation.

Other names for international agreements: convention, pact, protocol, agreement, arrangement, accord, final act, general act, exchange of notes.

Municipal Law concept: executive agreement is not a treaty (Commish of Customs v. Eastern Sea Trading). International law standpoint: equally binding as treaties.

Form. Art. 2 of the Vienna Convention: treaties should be in writing.Art. 3: an unwritten treaty does not affect its legal force.

1969 Vienna Convention: only treaties executed bet States1986 Vienna Convention on Treaties for Internatl Orgs: treaties bet States and Intl Orgs

Requisites for validity.a. Treaty-making capacityb. Competence of the rep/organ concluding the treatyc. Parties must freely give consentd. Object and subject matter must be lawfule. Ratification in accordance with constitutional processes of the parties concerned

Doctrine of Unequal Treaties. Treaties which have been imposed thru coercion or duress of an unequal character is VOID.

Doctrine of Jus Cogens. Customary international law has the status of a peremptory norm of international law, accepted and recognized by the international community of states as a rule from which no derogation is permitted. Treaty that contravenes jus cogens norms are invalid.

Treaties and Executive Agreements. Treaties require Senate concurrence for validity. They refer to a) basic political issue, b) change in national policy, c) permanent international arrangements. Executive Agreements do not require concurrence and refer to a) adjustment of detail carrying out well-established national policies and b) temporary arrangements.

a. Bayan v. Exec Sec. We cannot require the US to submit the V.F.A. to the US Senate for concurrence. It is inconsequential if US treats the VFA as a mere exec agreement bec. under international law, executive agreements are just as binding as treaties.

b. Memo Circ No. 89. W/N an international agreement is purely an executive agreement – matter referred to DFA Secretary who shall make the appropriate recommendation to the President.

c. Exchange of Notes. A record of a routine agreement similar to the private law contract. Agreement consists of the exchange of two documents, each of them signed by the rep of the other. Signatories are either government Ministers, diplomats or department heads. This technique is resorted to bec of its speedy procedure and to avoid process of legislative approval.

2. Treaty-making Process.a. Negotiation – reps usually have the credentials known as pleine pouvoirs (full powers) emanating

from competent authority that designates a person to represent. Representative can also either be a) the Head of State, b) Head of Government, c) Foreign Minister, d) head of diplomatic missions, or e) rep accredited to an international conference or organization.

b. Signing of the treaty. Principle of alternat – order of naming the plenipotentiary is varied. Each party is named and its plenipotentiary signs muna his own copy.

c. Ratification. State expresses its willingness to be bound by the treaty thru confirmation. Our President ratifies the treaty, subject to the concurrence of 2/3 of all the members of the Senate. President is vested with authority to a) deal with foreign states, b) extend or withhold recognition, c) maintain diplomatic relations, d) enter into treaties, and otherwise e) transact the business of foreign relations. Kahit signed na by the rep, President still has the discretion of w/n to ratify a


treaty. Without his signature, the Exec Sec or DFA Sec may not be compelled by mandamus to transmit copy of the treaty for Senate concurrence.

d. Entry into force. In the absence of a provision that states when it shall take force, the treaty enters into force as soon as the consent of all parties to bound is established.

Accession/Adhesion – non-signatory State becomes a party to a treaty upon invitation or permission of the contracting parties.

Reservation – unilateral statement where a State purports to exclude or modify the legal effect of certain provisions of a treaty. If the reservation is compatible with the object and purpose of the treaty, State remains a party.

When non-signatories may be bound by a treaty. Pacta tertiis nocent nec prosunt. Treaties cannot impose obligations upon States not parties to them. Exceptions: a) Accession/Adhesion and b) Most Favored Nation Clause where a contracting State entitled to the clause may claim the benefits in a separate agreement.

Pacta sunct servanda, treaties must be observed in good faith.State may even modify local laws to make them conform to the treaty and avoid international embarrassment. In the Philippines, treaties may be declared invalid if contrary to the Constitution.

Rebus sic stantibus, contracting State’s obligations under a treaty terminates when a vital or fundamental change of circumstances occurs. State is allowed to unilaterally withdraw from a treaty because of the “disappearance of the foundation upon which it rests.” RULE DOES NOT OPERATE AUTOMATICALLY. Requisites for valid invocation:

1) Change is so substantial that foundation of the treaty has altogether disappeared2) Change is unforeseen or unforeseeable at the time of the perfection of the treaty3) Change was not caused by the party invoking the doctrine4) Doctrine is invoked within a reasonable time5) Duration of the treaty is indefinite6) Doctrine cannot operate retroactively, i.e. it must not adversely affect provisions already

complied with.

Interpretation of Treaties must be in good faith, in accordance with the ordinary meaning given to the terms in their context and in light of its objects and purposes.

Amendment/Modification require the consent of all parties, but if allowed by the treaty itself, two States may modify a provision only insofar as they are concerned.

Grounds for Termination of Treatiesa) Expiration of term or Withdrawal of a partyb) Extinction of one of the parties in a bipartite treaty when the rights and obligations under the

treaty would not devolve upon the State succeeding the extinct Statec) Mutual agreement of all partiesd) Denunciation or desistance by one of the parties (Right of Denunciation)e) Supervening impossibility of performancef) Conclusion of a subsequent inconsistent treatyg) Loss of the subject matterh) Material breach or violation of the treatyi) Rebus sic stantibusj) Outbreak of war between the parties UNLESS the treaty precisely relates to the conduct of wark) Severance of diplomatic relations (only if indispensable for application)l) Doctrine of jus cogens or the emergence of a new peremptory norm


Nationality and Statelessness

Nationality. Membership in a political community with its concomitant rights and duties.

1930 Hague Convention:1) State determines who its nationals are under its own law.2) Any question as to w/n a person is a national of a State shall be determined in accordance with the

law of that State.

Modes of acquiring nationality1) Birth – jus sanguinis (by blood) and jus soli (by place of birth)2) Naturalization – thru a) marriage, b) legitimation, c) option/election, d) acquisition of domicile, e)

appointment to govt office, f) grant on application. In the Philippines, naturalization is thru 1) judicial process, 2) legislative process, 3) election, or 4) marriage. However, there is no obligation on the part of the State to recognize a person’s newly acquired nationality. Municipal law may een prohibit the renunciation of one’s nationality, i.e. the doctrine of indelible allegiance.

3) Repatriation – recovery of nationality by individuals who were natural-born citizens but have lost their nationality. RA 8171 on repatriation of women who lost Filipino citizenship by marriage to aliens and repat of former NB-Filipinos who lost their Filipino citizenship.

4) Subjugation5) Cession

Loss of Nationality1) Release e.g. German nazis2) Deprivation e.g. Filipinos entering into military service of another State3) Renunciation e.g. C.A. No. 634) Substitution, when former nationality is ipso facto lost by naturalization abroad.

Multiple Nationality – more than one nationality because of concurrent application of the municipal law of two or more States. In the Philippines, dual allegiance is inimical to national interest. Sec. 5, Art. IV.

Solutions to multiple nationality in the 1930 Hague Convention on the Conflict of Nationality Lawsa) Person may be regarded as its national by each of the Statesb) In a third State, a person shall be treated as if he only had one nationality. Principle of effective

nationality: either where he habitually and principally resides or where he appears in fact to be most closely connected.

c) Person may renounce one of them with the permission of the renounced State. Permission shall not be refused if person has habitual residence abroad.

Statelessness - status of having no nationality as a consequence of being born without it, or as a result of deprivation or loss of nationality

1954 Convention Relating to the Status of Stateless PersonsStateless Persons are granted, for as long as it is favorable to that accorded to the State’s nationals:

a) Freedom to practice their religionb) Access to the courts of lawc) Rationing of products in short supplyd) Elementary educatione) Public relief and assistancef) Labor legislation and social security

Also accorded treatment relative toa) Acquisition of movable and immovable propertyb) Right of association in non-poli and non-profit associations and trade unionsc) Gainful employment and practice of liberal professions


d) Housing and public education other that elementary educatione) Freedom of movement

Treatment of Aliens

General Rule, no State is under obligation to admit aliens (flowing from its right of existence and as an attribute of sovereignty). State has the power to regulate the entry and stay of aliens.

Expulsion or deportation predicated on the ground that 1) the stay of the alien is a menace to the security of the State, 2) his entry was illegal, 3) permission to stay has expired, or 4) he has violated any limitation or condition prescribed for his admission and continued stay.

Reconduction is the forcible conveying of aliens back to their home State. Destitute aliens, vagabonds, aliens without docs, alien criminals, etc may be reconducted to the frontier without any formalities.

Doctrine of State Responsibility. State is under obligation to make reparations to another State for the failure to fulfill its primary obligation to afford, in accordance with international law, the proper protection due to the alien national of the latter State. State may also be held liable for injuries and damages sustained by the alien while in the territory of the State if:

1) The act or omission constitutes an international delinquency – amounting to an outrage, to bad faith, willfull neglect of duty or insufficiency of government action*

2) The act or omission is directly or indirectly imputable to the State – State does not make reasonable efforts to prevent injury, or having done so unsuccessfully, fails to repair such injury.

a. Acts of Government Officials – acts of primary agents of the State give rise to direct state responsibility. If officer acts beyond his authority, it is an act of a private individual.

b. Acts of private individuals – must be shown that there was an actual or tacit complicity of the government in the act, either by directly approving it or in the patent negligence in taking measures to prevent injury. Claimant has the burden of proving negligence.

3) Injury to the claimant State indirectly because of damage to its national

*International Standard of Justice – standard of the “reasonable State”Doctrine of Equality of Treatment – laws are applicable not only to aliens but to nationals as well

Enforcement of Alien’s Claim1) Exhaustion of local remedies – requirement may be dispensed with if there are no remedies to

exhaust, the courts are corrupt, there is no adequate machinery for the administration of justice, or the international delinquency results from an “act of State”.

a. Calvo Clause – stipulation by which an alien waives or restricts his right to appeal to his own state and agrees to limit himself to the remedies available under local laws.

2) Resort to diplomatic protection – after exhaustion, alien must avail of assistance of his statea. Tie of nationality must exist from the time of injury until the time claim is finally settled.b. UN may file a diplomatic claim on behalf of its officials

Modes of Enforcement of ClaimsNegotiation, or if this fails, arbitration or judicial settlement.When responsibility of State is established, he must make reparation thru restitution, satisfaction, compensation, or all three of these together.

Extradition is the surrender of a person by one state to another state where he is wanted for prosecution or, if already convicted, for punishment. Surrender is made at the request of the latter state on the basis of an extradition treaty. Deportation is the expulsion of an alien who is considered undesirable by the local state. Deportation is the unilateral act of the local state and is made in its own interests.


In the absence of an extradition treaty, the local state may grant asylum to the fugitive. If surrender is made, asylum is merely a gesture of comity.

Fundamental principles of Extraditona) Based on consent – in a treaty or as an act of goodwillb) Principle of speciality – extradited fugitive may be tried only for the crime specified in the

request for extradition and crime is included in the list of offenses in the extradit treaty “Non-list” type of extradition treaties – offenses punishable under both states by

imprisonment of one year or more are deemed included in the list of offenses.c) Any person may be extradited – whether a national of the requesting state or the state of refuged) Political and religious offenders are generally not subject to extradition

Political – 2 or more parties in the state, each seeking to impose the government of their own choice on the other

Attentat clause – the murder of the head of state or any member of his family is not a political offense. Neither is genocide.

e) Offense must have been committed within the territory or against the interest of the demanding state

f) Act for which the extradition is sought must be punishable in both the requesting and requested states (The Rule of Double Criminality)

Procedure for Extradition

Government of Hongkong v. Olalia – constitutional right to bail now applies to extradition proceedings. The worth of the individual person and the sanctity of human rights is given primacy. Both deportation and extradition are administrative proceedings where the innocence or guilt of the detainee is not in issue.

Standard in granting bail – “clear and convincing evidence” that he is not a flight risk and will abide with all the orders and processes of the extradition court.

Abduction of the fugitive in the state of refuge is not allowed, as it constitutes a violation of the territorial integrity of the state of refuge. If abduction is effected with the help of the nationals of the state of refuge, the state of refuge cannot later demand to return of the fugitive. Savarkar case.

Extradition treaties of the Philippines1976 – Indonesia1988 – Australia1989 – Canada1989 – Switzerland1990 – Micronesia

Letters Rogatory – formal communication from a court in which an action is pending, to a foreign court, requesting that the testimony of a witness residing in the foreign jurisdiction be taken under the direction of the court, addressed and transmitted to the court making the request. Parang international bonggang deposition! Sec. 12, Rule 24.

Asylum – the power of the state to allow an alien who has sought refuge from prosecution or persecution to remain within the territory and under its protection. HAS NEVER BEEN RECOGNIZED AS A PRINCIPLE OF INTERNATIONAL LAW.


1) REQUEST

Accompanied with necessary papers to determine identity of the wanted person

2) JUDICIAL INVESTIGATION

State of refuge to conduct investigation to ascertain if a) crime is covered by the treaty, and b) there is a prima facie case against the fugitive according to its own laws

Made thru diplomatic channels to the state of refuge

3) WARRANT OF SURRENDER DRAWN

Fugitive Is delivered to the state of refuge

Principles of Asylum1) Territorial – exists only when stipulated in a treaty or justified by established usage. Depends on

the liberal attitude of the receiving state, on the ground of “territorial supremacy”2) Diplomatic – granted within “narrowest limits” or when life or liberty of person is threatened by

imminent violence

In the Philippines, diplomatic asylum cannot be granted EXCEPT to members of the official and personal household of diplomatic representatives. Refuge may be granted however, to fugitives whose lives are in imminent danger from mob violence (humanitarian grounds)

RefugeesAny person who is outside the country of his nationality, or if he has no nationality, the country of his former habitual residence, due to a well-founded fear of prosecution(?? Parang typo) by reason of his race, religion, nationality, political opinion. Because of such fear, he is unable or unwilling to avail of the protection of his government or his former habitual residence.

Elements:1) Outside the country of his nationality OR if stateless, outside habitual residence2) Lacks national protection3) Fears persecution

Refugee is de jure/de facto a stateless individual.Refugee Convention of 1951 does not deal with admission but with non-foulement: no contracting state shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom is threatened.

Settlement of Disputes

International dispute – actual disagreement between States regarding the conduct to be taken by one of them for the protection or vindication of the interests of the other. A situation is the initial stage of a dispute.

A. Pacific or amicable modes – (art. 3 of UN charter) Parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall first of all seek a solution by:1. Negotiation – states settle their differences through an exchange of views between

diplomatic agencies2. Enquiry – Ascertainment of the pertinent facts wand issues in a dispute3. Tender of good offices – where a third party either alone or with others offers to help in the

settlement of a dispute and accepted.4. Mediation – A third party offers to help with a solution usually based on a compromise.

Offers a solution not merely bring the parties together as in good offices.5. Conciliation – Active participation of a3rd party whose services are solicited by the

disputants in the effort to settle the conflict but the conciliator’s recommendations are not binding.

6. Arbitration – Solution of a dispute by an impartial third party usually a tribunal created by the parties themselves under a charter known as a compromis.

7. Judicial settlement - Similar to arbitration in the nature of the proceedings and in the binding character of the reward. Judicial Settlement Arbitration

Judicial body is pre-existing Ad hoc


Jurisdiction is usually compulsory and law applied is independent of the will of the parties

Not so

Lodged in the ICJ Any 3rd party

8. Resort to regional agencies or arrangements – parties may, on their own volition, or at the instance of the organization itself, assume the obligation of settling the dispute

9. Or other peaceful means of their own choice

B. Hostile Methods

1. Severance of diplomatic relations2. Retorsion – unfriendly by lawful coercive acts done in retaliation for unfair treatment and

acts of discrimination of another state ( the levy of high discriminatory tariffs on goods)3. Reprisal – unfriendly and unlawful acts in retaliation for the reciprocal unlawful acts of

another state. Reprisal may take the form ofa. Freezing of the assets of the nationals of the other stateb. Embargo – forcible detention or rsequestration of the vessels and other property of the

offending statec. Pacific Blockade – prevention of entry to or exit from the ports of the offending state by

means of communication and transportationd. Non-intercourse – (refraining to engage in coitus hehehe joke lang) suspension of all

intercourse with the offending state particularly in matters of trade and commercee. Boycott – (less than 30% of the students in a class attended joke lang ulit) – concerted

suspension of commercial relations with the offending state with particular reference to a refusal to purchase goods

C. Role of the United nations – when none of the above-mentioned methods succeeds in settling the dispute, the Un may be asked or may decide on its own authority to take a hand in the settlement. Addressed to the Security Council, but may be taken over by the General Assembly under certain conditions.

1. Security Council- jurisdiction to intervene in all disputes affecting: a. International peace and security;b. All disputed, which although coming under the domestic jurisdiaciton clause have been

submitted to it by the parties for settlement May be brought to Security Council itself, General Assembly, Sectretary General, any

member of the UN or any party to the dispute.

i. Security council will recommend appropriate measures considering any amicable measures already adopted by the parties or that the dispute be referred to the ICJ

ii. If unsuccessful, Security Council itself may recommend such terms of settlement as it may deem appropriate

iii. If rejected, the Security Council may take:a. Preventive Actionb. Enforcement action

2. General Assembly – if the Security Council, because of lack of unanimity, fails to exercise its primary responsibility to maintain peace and security, the General Assembly shall consider the matter immediately, with a view to making recommendations to the members for collective measure, including the use of armed forces.


War and Neutrality

War- the contention between two states, through their armed forces for the purpose of overpowering the other and imposing such conditions of peace as the victor pleases. War does not mean the mere employment of force.

If a nation declares war against another, was exists, though no force has yet been used. On the other hand, in case of reprisal, force may already be used but no state of war may yet exist.

1. Outlawry of War – condemnation of war on an international scale

a. Covenant of the League of the Nations – provided conditions for the right to go to warb. Kellog- Briand Pact of 1902 – General Treaty for the Renunciation of War, ratified by 62

states which forbade war as an instrument of national policy. c. Charter of UN – Article 2 prohibits the threat or use of force against the territorial integrity

or political independence of a state. 2. Commencement of War

a. Declaration of War (Hague Convention of 1907)b. With the rejection of an ultimatum (Hague Convention)c. Commission of an act of force regarded by one of the belligerents as an act of war

3. Effects of Outbreak of Wara. Laws of peace cease to regulate relations between the belligerents and superseded by the

laws of war while third states are governed by the laws of neutrality in their dealings with the belligerents

b. Diplomatic and consular relations are terminated and respective representatives are allowed to return to their own countries


c. Treaties of a political nature are automatically cancelled except those intended to operated during the war. Multipartite treaties dealing with technical or administrative matters are merely suspended as between the belligerents.

d. Individuals are impressed with enemy characterNationality Test Domiciliary test Activities test

If they are nationals of the other belligerent,wherever they may be

If they are domiciled aliens in the territory of the other belligerent on the assumption that they contribute to its economic resources

If being foreigners, they participate in the hostilities in favor of the other belligerent

e. Corporations and other juridical persons are considered enemies where the controlling stockholders are national of the other belligerent or if incorporated in the territory or under the laws of the other belligerent, and may be not be allowed to continue operations.

f. Enemy public property found in the territory of the other belligerent at the outbreak of the war is subject to confiscation, private property is subject to requisition.

4. Participants in Wara. Combatants – those who engage directly in the hostilities

1. Non-privileged – spies, who under false pretenses try to obtain vital information from the enemy ranks, who when caught are not considered prisoners of war

2. Privileged – when captured, enjoy the privileges of prisoners of war. a. Regular Armed Forcesb. Ancillary servicesc. Those who accompanied armed forcesd. Levees en massee. Franc Tireurs/guerillasf. Officers and crew of merchant vessels who forcibly resist attack

Rights of POW – treated humanely, no torture, allowed to communicate with families, receive food, clothing, religious articles, etc.

b. Spiesc. Mercenaries

i. Specially recruited to fight for a particular armed conflictii. Takes direct part in the hostilitiesiii. Motivated by desire to gain

5. Conduct of Hostilitiesa. Principle of Military Necessity – Belligerent may employ any amount of force to

compel the complete submission of the enemy with the least possible loss of lives and money

b. Principle of Humanity – Prohibits the use of any measure that is not absolutely necessary for purposes of war

c. Principle of Chivalry – Prohibits belligerents from the employment of perfidious or treacherous methods, such as the illegal use of Red Cross emblems.

Belligerent occupation – temporary military occupation of the enemy-s territory during the war. Maintains effective control and military superiority therein, being able to send in case of attack, sufficient forces to assert its authority within a reasonable time.

1. Effects – no change in sovereignty but the exercise of the powers of sovereignty is suspended. 2. Rights and duties of belligerent occupant


a. Re-establish or continue the processes of orderly administration including enactment of laws

b. Adopt measures for the protection of the inhabitantsc. Requisition goods and services in non-military projectsd. Demand taxes and contributions to finance military and local administrative needs.e. Issue legal currencyf. Use enemy property, whether public or private, but private property is subject to

indemnification or return at the end of the war.3. Right of Angary – right of a belligerent state, in cases of extreme necessity to destroy or use

neutral property on its own or on enemy territory, or on the high seas.

Non-hostile intercourse

1. Flag of truce – White in color, indicates the desire to communicate with the enemy, agent, called parlemetaire, enjoys inviolability and is entrusted with the duty of negotiating with the enemy.

2. Cartels – agreements to regulate intercourse during the war, usually on the exchange of prisoners of war

3. Passport – written permission given by the belligerent government to the subject of the enemy to travel generally in belligerent territory

4. Safe-conduct – Permission given to an enemy subject or to an enemy vessel allowing passage between defined periods

5. Safeguard- protection granted by a commanding officer either to enemy persons or property within his command, usually with an escort or convoy of soldiers providing the needed protection

6. License to trade – permission given by competent authority to individuals to carry on trade though there is a state of war

Suspension of Hostilities

1. Suspension of Terms – temporary cessation of hostilities by agreement of the local commanders for such purposes as gathering of the wounded and burial of the dead

2. Armstice – suspension of hostilities within a certain area or in the entire region of war, agreed upon by the belligerents, usually for the purpose of arranging the terms of peace

3. Cease-fire – unconditional stoppage of all hostilities, usually ordered by an international body4. Truce – Conditional cease-fire for political purposes5. Capitulation- surrender of military forces, places, or districts, in accordance with the rules of

military honor

Termination of War1. Simple cessation of hostilities – Principle of uti possidetis, with respect to property and territoty

possessed by the belligerents, is applied2. Conclusion of a negotiated treaty of peace3. Defeat of one of the belligerents followed by a dictated treaty of peace or annexation of

conquered territory

Postliminium – the revival or reversion to the old laws and sovereignty of territory which has been under belligerent occupation once control of the belligerent occupant is lost over the territory affected

1. Uti Possidetis – allows retention of property or territory in the belligerent’s actual possession at the time of the cessation of hostilities.

War Crimes – acts for which soldiers or other individuals may be punished by the enemy on capture of the offender


1. War Criminal – any person, whether a civilian or a member of the armed forces of the state, who commits an act that violates a rule of international law governing armed conflicts

Neutrality and Neutralization

Neutrality NeutralizationNon-participation, directly or indirectly, in a war between contending belligerents

The result of treaty wherein the conditions of the status are agreed upon by the neutralized state and other signatories.

Exists only during war- governed by law of the nations Exists both in times of peace and war- governed by the agreement into by and between the parties.

Non belligerency – midway between Neutrality and Neutralization. Sometimes been used t describe the status of a state which did not take part in military operations but which did not observe the duties of a neutral. Not recognized in International Law.

Rules of Neutrality – Neutrals have the right and duty to:1. Abstain from taking part in the hostilities and from giving assistance to either belligerent by:- Sending of Troops- Official grant of loans- Carriage of Contraband

Contraband – goods, although neutral property, may be seized by a belligerent because they are useful for war and are bound for a hostile destination. They can be:

- Absolute – guns or ammunition- Conditional – Food and clothing- Free- List – medicines

Doctrine of ultimate consumption – goods intended for civilian use which may ultimately find their way to and be consumed by belligerent forces may be seized on the way

Doctrine of Infection- Innocent goods shipped with contraband may also be seized

Doctrine of Continuous voyage, Transport - Goods reloaded at an intermediate port on the same vessel, or reloaded on another vessel or other forms of transportation may also be seized on the basis of doctrine of ultimate consumption.

2. Prevent its territory and other resources from being used in the conduct of hostilities. Allowing territory to be used as the base of operations

3. To acquiesence to certain restrictions and limitations which the belligerents may find necessary to impose such as:

a. Blockade – hostile operation by means of which vessels and aircraft of one belligerent prevent all other vessels including those of neutral states from leaving or entering the port or coasts of the other belligerent.

b. Pacific Blockade – applied only vessels of blockaded states not to those of other states.

4. Termination of Neutrality – terminates upon conclusion of a treaty of peace between the belligerents, or when the neutral state itself joins the war.


Complete+Finals+Reviewer+for+Poli

Documents

Transcript of Complete+Finals+Reviewer+for+Poli