Nachura Outline

Outline of Nachura’s ConstiLaw Outline For Portians Only

NOTES:I. GENERAL PRINCIPLES

A. Political Law, definedB. Scope/Division of Political Law

1. Constitutional Law 2. Administrative Law 3. Law on Municipal Corporations 4. Law of Public Officers 5. Election Laws

C. Basis of the Study

II. THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution1. Definition 2. Purpose 3. Classification 4. Qualities of a good written Constitution 5. Essential Parts of a good written Constitution 6. Interpretation/Construction of the Constitution

B. Brief Constitutional History

C. The 1987 Constitution

D. Amendment1. Amendment v. Revision

a. Lambino v. COMELECb. Two-part test

2. Constituent v. Legislative Power 3. Steps in the amendatory process

a. Proposali. Congress, by a vote of ¾ of all its membersii. Constitutional Conventioniii. People, through the power of initiative

1. On the Constitution2. On statutes3. On Local Legislation

b. Ratificationi. Doctrine of proper submission

1. Plebiscite may be held on the same day as regular elections

2. Entire Constitution must be submitted for ratification at one plebiscite only. Piece-meal amendments not allowed.

4. Judicial Review of Amendments

E. Power of Judicial Review1. Judicial Review 2. Who may exercise the power 3. Functions of judicial review

a. Checkingb. Legitimatingc. Symbolic

4. Requisites of Judicial Review/Inquiry a. Actual case or controversyb. Raised by the proper partyc. Raised at the earliest possible

opportunityd. Decision must be

determinative of the case itself

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NOTES:5. Effects of Declaration of Unconstitutionality, two views:

a. Orthodox viewb. Modern view

6. Partial Unconstitutionality, requisites: The Legislature must be willing to retain the valid portions,

usually shown by the presence of a separability clause The valid portion can stand independently as law

III. THE PHILIPPINES AS A STATE

A. Definition of a State1. Distinguished from Nation 2. Distinguished from Government

B. Elements of a State1. People 2. Territory

a. The National Territoryb. Componentsc. The Philippine Archipelagod. Other territories over which the Philippines

exercises jurisdictione. Archipelago doctrine

3. Government a. Definedb. Functionsc. Doctrine of Parens Patriaed. Classification

i. De Jureii. De Factoiii. Presidentialiv. Parliamentaryv. Unitaryvi. Federal

4. Sovereignty a. Definedb. Kinds

i. Legalii. Internal

c. Characteristicsd. Effects of change in sovereigntye. Effects of belligerent occupationf. Dominium v. Imperiumg. Jurisidiction

i. Territorialii. Personal iii. Extraterritorial

C. State Immunity from Suit1. Basis 2. Par in parem non habet imperium 3. Test to determine if suit against the State 4. Suits against Government Agencies

a. Incorporatedb. Unincorporated

5. Suits against Public Officers 6. Need for Consent

a. Expressi. General Lawii. Special Law

b. Impliedi. State commences litigationii. State enters into a business contract

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NOTES:7. Scope of Consent 8. Suability not equated with outright liability

IV. FUNDAMENTAL POWERS OF THE STATEA. General Principles

1. Inherent Powers - Police Power- Eminent Domain- Taxation

2. Similarities 3. Distinctions 4. Limitations

B. Police Power1. Definition 2. Scope/Characteristics 3. Who may exercise the power 4. Limitations

a. Lawful subjectb. Lawful Means

5. Additional Limitations a. Express grant by lawb. Within territorial limitsc. Not contrary to law

C. Eminent Domain1. Definition/Scope 2. Who may exercise the power 3. Requisites for exercise

a. Necessityb. Private Propertyc. Taking in the constitutional sense

i. Valid taking- private property- for more than a momentary period- under warrant or color or authority- property for public use or

otherwise informally appropriate or injuriously affected

- utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property

d. Public usee. Just compensation

i. Conceptii. Judicial prerogativeiii. Need to appoint Commissionersiv. Form of compensationv. Withdrawal of deposit by rejecting

landownervi. Reckoning point of market value of the

property vii. Entitlement of owner to interestviii. Who else may be entitled to just

compensation ix. Title to the propertyx. Right of landowner in case of non-payment

of just compensationf. Due process of law

4. Writ of Possession 5. Plaintiff’s right to dismiss the complaint in eminent domain 6. Right to repurchase or re-acquire the property

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NOTES:7. Expropriation under Sec. 18, Art. XII 8. Expropriation under Sec. 4 and 9, Art. XIII

D. Taxation1. Definition 2. Who may exercise 3. Limitations on the exercise

a. Due Processb. EPCc. Public purpose

4. Dpuble Taxation 5. Tax Exemptions 6. Police Power v. Taxation

a. License fee v. Taxb. Kinds of license fee

i. For useful occupations or enterprisesii. For non-useful occupations or enterprises

– amount may be a bit exorbitant7. Supremacy of the national government over LGUs in

taxation

V. PRINCIPLES AND STATE POLICIES

A. Preamble1. Does not confer rights nor impose duties 2. Indicates authorship 3. Enumerates primary aims and aspirations 4. Aids in the construction of the Constitution

B. Republicanism1. Essential features

- Representation- Renovation

2. Manifestations a. Ours is a government of laws and not of menb. Rule of the majorityc. Accountability of public officialsd. Bill of Rightse. Legislature cannot pass irrepealable lawsf. Separation of powers

i. Purpose ii. La Bugaliii. “Not doctrinaire nor with pedantic rigor, not

independence but interdependence”iv. Principle of Blending of Powersv. Principle of Checks and Balancesvi. Role of the Judiciary

g. Delegation of Powersi. Potestas delegata non potest delegareii. Permissible delegation

1. Tariiff Powers to the President2. Emergency Powers to the

President3. Delegation to the People

a. Referendumb. Plebiscite

4. Delegation to LGUs5. Delegation to Administrative

Bodiesiii. Tests for valid delegation

1. Completeness Test2. Sufficient Standard Test

C. The Incorporation Clause

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NOTES:1. Renunciation of War 2. Doctrine of Incorporation

a. “Generally accepted principles of international law” refers to norms of general or customary international law which are binding on all states

b. How international law becomes part of the sphere of domestic law

i. By Transformationii. By Incorporation

c. When appliedd. Lex posterior derogat priori

D. Civilian SupremacyE. Duty of Government; people to defend the State

Right to Bear ArmsF. Separation of Church and StateG. Independent foreign policy and nuclear-free PhilippinesH. Just and Dynamic Social OrderI. Promotion of Social JusticeJ. Respect for human dignity and human rightsK. Family and youthL. Fundamental equality of men and womenM. Promotion of health and ecologyN. Priority to education, science, technology, etc. O. Protection to laborP. Self-reliant and independent economic orderQ. Land ReformR. Indigenous cultural communitiesS. Independent people’s organizationsT. Communication and information in nation-buildingU. Autonomy of local governmentV. Equal access of opportunities for public serviceW. Honest public service and full public disclosure

VI. BILL OF RIGHTS

A. In General1. Definition

a. Civil Rightsb. Political Rights

B. Due Process of Law1. Origin 2. Definition 3. Who are protected 4. Meaning of life, liberty and property

a. Lifeb. Libertyc. Property

5. Aspects of due process a. Substantiveb. Procedural

i. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it

ii. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding

iii. The defendant must be given an opportunity to be heard

iv. Judgment must be rendered upon lawful hearing

6. Publication as part of due process

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NOTES:7. Appeal and due process 8. Preliminary investigation and due process 9. Administrative due process

C. Equal Protection of the Laws1. Meaning; Persons Protected 2. Scope of Equality

a. Economicb. Politicalc. Social

3. Valid classification a. Substantial distinctionsb. Germane to the purpose of the lawc. Not limited to existing conditions onlyd. Applies equally to all members of the same class

D. Searches and Seizures1. Scope of the protection 2. Some Procedural Rules 3. Only a judge may validly issue

a. Exceptionb. Harvey v. Santiago

4. Requisites of a Valid Warrant a. Probable Causeb. Determination personally by a judge

i. Issuance of a warrant of arrestii. Issuance of a search warrant

c. After examination, under oath or affirmation, of the complainant and the witnesses he may produce

d. Particularity of descriptioni. General warrantsii. Warrant of Arrestiii. Search Warrant

5. Properties subject to seizure - Subject of the offense- Stolen or embezzled property and other proceeds

or fruits of the offense- Property used or intended to be used as means for

the commission of an offense6. Conduct of the Search 7. Warrantless Arrests

a. When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presence

i. Rebel may be arrested at any time, with or without a warrant

ii. Hot Pursuitiii. Buy-Bust Operation is a valid in flagrante

arrestb. When an offense had just been committed and

there is probable cause to believe, based on his personal knowledge of facts or of other circumstances, that the person to be arrested has committed the offense

c. When the person to be arrested is a prisoner who has escaped from a penal institution or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another

d. When the right is voluntarily waived8. Warrantless Searches

a. When the right is voluntarily waivedb. Stop-and-frisk

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NOTES:c. Search and seizure is an incident to lawful arrestd. Search of vessel and aircrafte. Moving vehiclesf. Inspection of buildings and other premises for the

enforcement of fire, sanitary and building regulations

g. Where prohibited articles are in plain viewElements:i. Prior valid intrusionii. Evidence inadvertently discoverediii. Evidence immediately apparentiv. Plain view justified the seizure

h. Search and seizure under exigent and emergency circumstances

i. Arial target zoning or “Saturation Drives”9. Exclusionary Rule

E. Privacy of Communications and Correspondence1. Inviolability 2. Mantle over tangible and intangible objects 3. Zulueta v. CA 4. Waterous Drug v. NLRC 5. Exclusionary Rule

F. Freedom of Expression1. Scope 2. Aspects

a. Freedom from censorship or prior restraintb. Freedom from subsequent punishment

i. Libelii. Obscenityiii. Criticism of official conductiv. Right of students to free speech in school

premises not absolute3. Tests of valid governmental interference

a. Clear and Present Danger Ruleb. Dangerous Tendency Rulec. Balancing of Interests Test

4. Assembly and Petition G. Freedom of Religion

1. Two guarantees 2. Non-establishment clause

a. Exceptionsb. Scope

i. Adong v. Cheong Seng Geeii. Laws which punish blasphemyiii. Islamic Dawah v. Exec. Sec. iv. Intramural religious dispute

3. Free Exercise clause a. Aspects of freedom of religious profession and

worshipi. Right to believeii. Right to act according to one’s belief

1. Compelling State Interest Test2. State regulations on solicitations

H. Liberty of Abode and of Travel1. Limitation on liberty of abode\

a. Villavicencio v. Lukbani. Ruby v. Provincial Board

b. UDHR 132. Limitations on the right to travel

a. Phil. Exporters v. Drilonb. Manotoc v. CA

I. Right to Information

7


NOTES:1. Scope 2. Need for publication reinforces the right 3. Some cases

a. Aquino-Sarmiento v. Moratob. Echegaray v. Sec. of Justicec. In Re Coverage of Erap Plunder cases

i. AVR only for documentary purpose, not for live or real-time broadcast

d. Bantay RA 7941 v. Comelece. Hilado v. Reyes

J. Right to form associations1. Scope

a. Right to strike2. Right not absolute

K. Non-impairment Clause1. Impairment must be substantial. Law must effect change in

right of the parties with regard to each other, and not with respect to non-parties

a. “Impairment”2. Limitations

a. Police Powerb. Eminent Domainc. Taxation

3. Franchises, privileges, licenses do not come within the provision

L. Free Access to CourtsM. Miranda Doctrine

1. Source: Miranda v. Arizona 2. Rights available only during custodial investigation

a. When does it beginb. Police Line-upc. Not custodial investigationd. Rights refer to testimonial compulsion only

3. What rights are available a. Remain silentb. Competent and independent counselc. Informed of such rightsd. Rights cannot be waived, except...e. No torture, force...which vitiates free willf. Secret detention places...prohibitedg. Confessions/Admissions inadmissible

i. Two kinds of coerced confessions1. Coerced confessions2. Uncounselled statements

4. Applicability 5. Waiver

a. Must be in writing and made in the presence of counsel

b. No retroactive effectc. Burden of proofd. What may be waived

6. Guidelines for Arresting/Investigating Officers. Must inform person of:

a. In language known and understood by him, of the reason for the arrest and he must be shown the warrant of arrest

b. right to remain silent, and any statement made may be used against him

c. right to be assisted at all times and have the presence of counsel

d. if he has no counsel, he shall be provided with onee. custodial investigation only when there is counsel

8


NOTES:f. right to communicate or conferg. right to waive any rights providedh. waiver of right to a lawyer must be in writing and

with assistance of a lawyeri. he may indicate any manner at any time or stage of

the process that he does not wish to be questionedj. initial waiver does not bar him from invoking it at

any time during the processk. any statement or evidence obtained in violation

shall be inadmissible7. Exclusionary Rule

a. Fruit of the poisonous treeb. Receipt of seized property inadmissiblec. Re-enactment of the crimed. Res gestaee. Waiver of exclusionary rule

N. Right to Bail1. Defined 2. When invoked 3. Exceptions

a. When charged with an offense punishable by RP and evidence of guilt is strong

b. Traditionally, not available to military4. Duty of the court when accused charged with offense

punishable by RP or higher5. Bail is either a matter of right, or at the judge’s discretion,

or it may be denieda. Bail, a matter or rightb. Bail, when discretionaryc. When shall be denied

6. Standards for fixing bail 7. Right to bail and travel abroad 8. Right to bail and extradition

O. Constitutional Rights of the Accused1. Criminal Due Process

a. Mejia v. Pamaranb. Unreasonable delay in resolving complaintc. Impartial court or tribunald. Right to a hearinge. People v. Webbf. Erap v. Sandiganbayang. Plea of guilt to a capital offenseh. State and offended party entitled to due process

2. Presumption of innocence a. Proof against accused must survive the test of

reasonb. When presumption not overcomec. Presumption of regularity cannot, by itself, prevail

over constitutional presumption of innocenced. Logical connection between fact proved and

ultimate fact presumede. Presumption may be overcome by contrary

presumptions based on experience of human conduct

f. Ong v. Sandiganbayang. Circumstantial Evidenceh. Equipoise Rule

3. Right to be heard by himself and by counsel a. The right to counsel during the trial is not subject to

waiver

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NOTES:b. Decision of conviction set aside when appointment

of counsel was pro forma and counsel did not exert best efforts

c. Some instances when right cannot be waivedd. “Preference in choice of counsel” applies to person

under investigation rather to accused in criminal prosecution

e. Client bound by mistakes of lawyer, except when negligence or incompetence of counsel is deemed so gross as to have prejudiced the constitutional right of the accused

4. Right to be informed of the nature and cause of the accusation against him

a. Rationaleb. Requisitesc. Void-for-vagueness ruled. Waiver

5. Right to speedy, impartial and public trial a. Speedy Trialb. Impartial Trialc. Public Trial

6. Right to meet witnesses face to face 7. Right to compulsory process to secure attendance of

witnesses and production of evidencea. Requisites:

i. Evidence is really materialii. Accused is not guilty of neglect in

previously obtaining the production of such evidence

iii. Evidence will be available at desired timeiv. No similar evidence can be obtained

8. Trial in absentia a. When presence of accused mandatory

i. Arraignment and pleaii. During trial for identificationiii. During promulgation of sentence, unless

for a light offense wherein accused may appear by counsel or representative

P. Habeas Corpus1. Defined 2. When available 3. Procedure 4. Grounds for suspension 5. Suspension does not suspend right to bail

Q. Speedy Disposition of Cases1. Cadalin v. POEA Administrator2. BInay v. Sandiganbayan

a. Licaros v. Sandiganbayan3. Tilendo v. OMB4. Roque v. OMB5. Abadia v. CA6. Guerrero v. CA

R. Self-incrimination1. Availability 2. Scope 3. Immunity 4. Waiver

S. Non-detention by reason of political beliefs or aspirationsT. Involuntary Servitude

1. Reinforced by RPC 272 – PM and 10K fine to anyone who shall purchase, sell, kidnap or detain human being for the purpose of enslaving him

10


NOTES:2. Exceptions

- punishment for a crime whereof one has been duly convicted

- service in defense of the State- naval enlistment- posse comitatus- return to work order in industries affected with public

interest- patria potestas

U. Prohibited Punishments1. Mere severity does not constitute cruel or unusual

punishment2. Death penalty is not a cruel or unusual punishment

a. Plea of guilt in capital offenses3. Automatic review

V. Non-imprisonment for Debt1. Serafin v. Lindayag2. Lozano v. Martinez3. People v. Judge Nitafan

W. Double Jeopardy1. Requisites

a. Valid complaint or informationb. Filed before a competent courtc. To which the defendant had pleaded

i. When the accused, after pleading guilty, testified to prove MC, the testimony had the effect of vacating his plea of guilty

d. Defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated without his express consent

i. Mere filing of two informations or complaints charging the same offense does not yet place the accused in double jeopardy

ii. No double jeopardy where the accused was sentenced to plea bargaining approved by the court but without the consent of the fiscal. (fiscal consent necessary)

iii. Promulgation of only one part of the decision is not a bar to the promulgation of the other part

iv. Dismissal of actionPermanent dismissalProvisional dismissal

1. When the ground for the motion to dismiss is insufficiency of evidence

2. When the proceedings have been unreasonably prolonged as to violate the right of the accused to speedy trial

v. Revival of criminal cases provisionally dismissed

vi. Appeal by the prosecution1. Three relate protections provided

by DJa. Against a second

prosecution for the same offense after acquittal

b. --- after convictionc. Against multiple

punishments for the same offense

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NOTES:2. After trial on the merits, an

acquittal is immediately final and cannot be appealed. The only exception; mistrial resulting in denial of due process

3. Court acted without JD when it dismissed the case merely because none of the witnesses notified by the court appeared during pre-trial

vii. Discharge of co-accusedviii. Where the judge amended her

decision of acquittal because she overlooked the testimony of a witness, the amended decision is void

4. Crimes Covered 5. Doctrine of supervening event

a. Not a bar when:- graver offense developed due to supervening facts

arising from the same act or omission- the facts constituting the graver offense arose or

were discovered only after the filing of the former complaint or information

- the plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party

X. Ex-Post Facto Law and Bill of Attainder1. Ex Post Facto Law

a. Kindsi. Makes criminal action done before the

passage of the law and which was innocent when done, and punishes such action

ii. Aggravates a crime, makes it greater than it was when committed

iii. Changes punishment and inflicts greater punishment

iv. Alters legal rules of evidence and receives less or different testimony than the law required at the time of commission of the offense in order to convict

v. Assuming to regulate civil rights, imposes a penalty or deprivation of right for something which when done was lawful

vi. Deprives accused of a crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of a proclamation of amnesty

b. Characteristicsi. Refers to criminal mattersii. Retroactive, andiii. Prejudices the accused

c. Some Cases2. Bill of Attainder

a. Defined – legislative act that inflicts punishment without trial

b. Characteristics – substitutes legislative fiat for a judicial determination of guilt

12


NOTES: Anti-Subversion Act is not a Bill of Attainder because it

does not specify the Communist Party or its members for the purpose of punishment, it simply declares the party to be an organized conspiracy to overthrow the government

VII. CITIZENSHIP

A. General Principles1. Defined 2. Usual modes of acquiring citizenship 3. Modes (by birth) applied in the Philippines

a. Before 1935 Constitutioni. Jus Sanguinisii. Jus soli

b. After 1935 Constitutioni. Jus sanguinis

4. Natural-born citizens 5. Marriage by Filipino to an alien 6. Policy against dual allegiance 7. Attack on one’s citizenship may be made only through a

direct proceeding8. Res judicata in citizenship cases

B. Citizens of the Philippines1. Those citizens of the Philippines at the time of the 1987

Constitutiona. Valles v. COMELECb. Roa doctrinec. Caram provision

2. Those whose mothers or fathers are citizens of the Philippines

3. Those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority

a. Procedure for electionb. When to electc. Cu v. RPd. Villahermosa v. Commissioner of Immigratione. RP v. Chule Lim

4. Those naturalized in accordance with law C. Naturalization

1. Modes of naturalization a. Direct b. Derivative

2. Doctrine of indelible allegiance 3. Direct naturalization under Philippine laws 4. Naturalization under CA 473

a. Qualificationsb. Disqualificationsc. Procedured. Effects of Naturalizatione. Denaturalization

5. Naturalization by direct legislative action 6. Administrative Naturalization

D. Loss and Reacquisition of Philippine Citizenship (CA 63)1. Loss of citizenship

a. By naturalization in a foreign countryb. By express renunciation of citizenshipc. By subscribing to an oath of allegianced. By rendering service to or accepting commission in

the armed forces of a foreign countrye. By cancellation of the certificate of naturalization

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NOTES:f. By having been declared by competent authority a

deserter of the Philippine armed forces in time of war

2. Reacquisition of citizenship a. Taking oath or allegiance b. By naturalizationc. By repatriationd. By direct act of Congress

VIII. THE LEGISLATIVE DEPARTMENT

A. The Legislative Power1. Definition 2. Where Vested

a. Congress to provide a system of initiative and referendum

i. Enabling Act1. Initiative and Referendum defined2. Prohibited measures3. Local Initiative4. Limitations on Local Initiative

B. Congress1. Composition 2. Bicameralism v. Unicameralism

C. Senate1. Composition 2. Qualifications 3. Term of Office

a. LimitationD. House of Representatives

1. Composition a. District representativesb. Party-list representativesc. Sectoral representatives

2. Apportionment of legislative districts a. Inhabitantsb. Territoryc. Reapportionment

i. Mariano v. ComelecTobias v. Abalos

ii. Montejo v. Comeleciii. Sema v. Comelec

3. Qualifications a. IRM v. Comelecb. Aquino v. Comelecc. Coquilla v. Comelec

4. Term of Office 5. The Part-List System

a. Definition of Termsi. Partyii. Political partyiii. Sectoral partyiv. Sectoral organizationv. Coalition

b. Registration; Manifestation to participatec. Refusal and/or Cancellation of Registrationd. Nomination of Representativese. Qualifications of Nomineesf. Manner of Voting

i. Bantay RA v. Comelecg. Number

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NOTES:i. Veterans v. Comelec

1. PM and Butil v. Comelecii. Ang Bagong Bayani v. Comelec

h. Choosing a Representativei. Effect of change of affiliation j. Vacancyk. Term of office; rights

E. Election1. Regular 2. Special

F. SalariesG. Privileges

1. Freedom from arrest a. RPC 145b. People v. Jalosjosc. Trillanes v. Pimentel

2. Privilege of speech and debate a. Osmena v. Pendatun

H. Disqualifications1. Incompatible office 2. Forbidden office

I. Other inhibitions1. Appearing personally as counsel 2. Full disclosure

J. Sessions1. Regular 2. Special 3. Joint

a. Voting separatelyi. Choosing the presidentii. Determine president’s disabilityiii. Confirming nomination of the VPiv. Declaring existence of a state of warv. Proposing constitutional amendments

b. Voting jointly4. Adjournment

K. OfficersL. QuorumM. Rules of ProceedingsN. Discipline of membersO. Records and books of accountsP. Legislative Journal and the Congressional Record

1. Entered in the journal 2. Enrolled Bill Theory

Q. Electoral Tribunals1. Composition

a. HRETb. SETc. Doctrine of Primary Jurisdiction

2. Power a. Sampayan v. Dazab. Vinzons-Chato v. Comelecc. ET independent of the Houses. Its decisions may

not be reviewed by the SC, except when there is grave abuse of discretion

R. Commission on Appointments1. Composition 2. Powers

S. Powers of Congress1. General/Plenary legislative power 2. Appropriation 3. Taxation

15


NOTES:4. Legislative Investigation 5. Question Hour 6. War Powers 7. Act as Board of Canvassers in Election of President 8. Call special election for President and VP 9. Judge president’s physical fitnessto discharge the functions

of the Presidency10. Revoke or extend suspension of the privilege of WHC or

declaration of martial law11. Concur in Presidential amnesties. 12. Concur in treaties or international agreements 13. Confirm appointments/nominations made by the President 14. Impeachment 15. Relative to natural resources 16. Propose amendments to the Constitution

IX. THE EXECUTIVE DEPARTMENT

A. The President1. Qualifications 2. Election

a. Regularb. Congress as canvassing board

i. Overseas Absentee Voting Actii. Lopez v. Senate: Congress may delegate initial

determination of authenticity and due execution of certificates of canvass to a Joint Congressional Committee

iii. Pimentel v. Joint Committeeiv. Brillantes v. COMELEC

c. Supreme Court as PET3. Term of Office 4. Oath of Office 5. Privileges

a. Official Residenceb. Salaryc. Immunity from Suit

i. Estrada v. Desiertoii. Gloria v. CA

d. Executive Privilegei. Senate v. Ermitaii. Neri

e. Prohibitions/Inhibitions6. Prohibitions/Inhibitions

a. Shall not receive any other emoluments from the government or any other source

i. Republic v. Sandiganbayanb. Unless provided in the Constitution, shall not hold

any other office or employmentc. Not directly or indirectly practice any other

profession, participate in business, or be financially interested in any contract/franchise/privilege granted by government

d. Avoid conflict of intereste. Not appoint spouse or relatives by consanguinity or

affinity within the fourth civil degree. 7. Rules on Successions

a. Vacancy at the beginning of the termi. Death or permanent disabilityii. Fails to qualifyiii. Not chosen

16


NOTES:iv. Senate President, then Speaker, then

Congress-chosen succeedsb. Vacancy during term

i. Death, permanent disability, removal from office, resignation of President

1. Erap v. GMA:ii. Death, permanent disability, removal from

office, resignation of President and VPc. Temporary disabilityd. Constitutional duty of Congress in case of vacancy

in the offices of President and Vice-President8. Removal of the President – BY impeachment

B. The Vice-President1. Qualifications, election, term of office, removal 2. Vacancy in the office of the Vice-President

C. Powers of the President1. The Executive Power

a. NEA v. CA:b. Authority to reorganize the OPc. Executive power vested in the Presidentd. Malaria Employees v. Romuloe. Not for the President to determine the validity of a

law2. Power of Appointment

a. Appointmentb. Appointments, classified

i. Permanent or Temporaryi.a. Valencia v. Peraltai.b. Binamira v. Garrucho

ii. Regular or ad interimii.a. PLM v. IACii.b. Matibag v. Benipayo

c. Officials appointed by Presidenti. President shall nominate, with

Commission on Appointments- Heads of executive departments- Ambassadors, other public ministers

and consuls- Officers of armed forces from colonel

to navy captain- Those whose appointment vested by

the Constitutioni.a. Sarmiento v. Mison:ii.b. Spriano v. Lista

ii. President shall appoint - All other appointments not provided

by law- Authorized to appointii.a. Bautista v. Salonga:ii.b. Tarrosa v. Singson:ii.c. Rufino v. Endriga:

d. Steps in the appointing process Nomination by the President Confirmation by the CoApp Issuance of the commission Acceptance by the appointee

e. Discretion of Appointing Authority Pimentel v. Ermita

f. Special Constitutional Limitations on the President’s appointment power

May not appoint spouse and 4dra/c as ConComm member, OMB, Usec,

17


NOTES:Bureau/Office chair/heads, including GOCCs

Appointments by acting President ineffective unless revoked by President-elect within 90 days from assumption of office

2 months before next presidential election, President shall not appoint, except temporary appointments to executive positions where continued vacancies will prejudice public service or endanger safetyDe Rama v. CAIn Re Mateo Valenzuela

g. Power of Removalii. CSC members appointed by President may be

directly disciplined by himiii. Cabinet members may be replaced any time,

term expired3. Power of Control

a. Controli. Malaria Employees v. Romulob. Alter-ego principle i. Lacson-Magallanes v. Panoii. DENR v. DENR Region 12iii. Gloria v. CAc. Appeald. Power exercised over acts, not actorse. SBMA under OPf. Control of Justice Secretary over prosecutorsg. General supervision over LGUs

Judge Dadole v. COADrilon v. LimPimentel v. Aguirre

4. Military Powers a. Commander-in-chief clause

i. Gudani v. Sengaii. Call out armed forces to prevent or suppress lawless violence, invasion or rebellion iii. Organize courts martial for the discipline of AFP members, create military commissions for the punishment of war criminals

Olaguer v. Military CommissionNavales v. General AbayaGudani v. Senga

b. Suspension of privilege of writ of habeas corpusi. Groundsii. Durationiii. Duty of Presidentiv. Congress may revoke or extend effectivity of

proclamation by majority vote, voting jointlyv. Supreme Court may reviewvi. Not impair right to bailvii. Applies only to persons judicially charged for

rebellion or offenses inherent or directly connected with invasion

viii. During suspension of writ, any person thus arrested/detained shall be judicially charged within 3 days, otherwise, he shall be released

c. Martial LawConstitutional limitations same as suspension of PWHC

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NOTES:5. Pardoning Power

a. Definitionsi. Pardonii. Commutationiii. Reprieveiv. Parolev. Amnesty

b. Exercise by the Presidentc. Limitations on exercise

i. Cannot be granted in cases of impeachment

ii. Cannot be granted in cases of violation of election laws without favorable recommendation of the COMELEC

iii. Can be granted only after conviction by final judgment

iv. Cannot be granted in cases of legislative contempt or civil contempt

v. Cannot absolve the convict of civil liabilityvi. Cannot restore public offices forfeited

d. Pardon, classifiedi. Plenary or partialii. Absolute or conditional

Conditional pardon is a contract between the Chief Executive and the convicted criminal

e. Amnestyi. People v. Patriarcaii. Vera v. Peopleiii. People v. Casido

6. Borrowing Power 7. Diplomatic Power

a. Commissioner of Customs v. Eastern Sea Tradingb. Bayan v. Executive Secretary

8. Budgetary Power 9. Informing Power 10. Other Powers

a. Call Congress to a special sessionb. Power to approve or veto billsc. Consent to deputation of government personnel by

the COMELECd. Discipline such deputiese. By delegation from Congress, emergency powersf. General supervision over LGUs and autonomous

regional governments

X. JUDICIAL DEPARTMENT

A. The Judicial Power 1. Defined

a. Political question outside the territory of courtsb. Tocao v. CAc. De Leon v. CA

2. Where Vested 3. Jurisdiction

a. Congress has the power to define, prescribe, and apportion the jurisdiction of various courts, but may not deprive the SC of its JD over cases enumerated in Art. 8, Sec. 5

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NOTES:b. No law shall be passed increasing the appellated

jD of the SC as provided in the Constitution without its advice and concurrence

B. Constitutional Safeguards to Insure Independence of the Judiciary

1. SC is a constitutional body; it may not be abolished by the legislature

2. SC members removable only by impeachment 3. SC may not be deprived of its minimum original and

appellate JD; appellate JD may not be increased without advice and concurrence

4. SC has administrative supervision over all inferior courts and personnel

5. SC has exclusive power to discipline judges and justices of inferior courts

6. Judiciary members 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 contemplates a guarantee of flexibility to allocate and utilize their resources. DBM cannot downgrade the positions and salary grades of two positions in the PhilJA.

9. Only the SC may initiate and promulgate the ROC 10.Only the SC may order temporary detail of judges 11.The SC can appoint all officials and employees of the

JudiciaryC. The Power of Judicial Review/InquiryD. Appointment to the Judiciary

1. Qualifications a. Supreme Courtb. Lower Collegiate Courtsc. Lower Courts

2. Procedure for Appointment a. Appointed by the President from a list of at least 3

nominees prepared by the JBC for every vacancy; appointment does not need confirmation

b. Vacancy in the SC to be filled within 90 days from occurence thereof

c. For lower courts, President shall issue appointment within 90 days from submission by the JBC from such list.

Midnight appointment prohibition applies. 3. The Judicial and Bar Council

a. Compositioni. Ex-officio members: CJ as Chair, Justice

Secretary, representative from Congressii. Regular members: IBP representative, Law

professor, retired SC justice, private sector representative

iii. Secretary ex-officio: SC clerkb. Appointment: Regular members appointed by the

President for a term of 4 years, with CoApp consent. SC determines emoluments.

c. Powers/Functions: Recommend appointees to the Judiciary. Those assigned by the SC

E. The Supreme Court1. Composition 2. En Banc/Division Cases

a. En banc

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NOTES:b. Division

3. Powers a. Original jurisdictionb. Appellate jurisdictionc. Temporary assignment of judgesd. Order change of venuee. Rule-making powerf. Power of Appointmentg. Power of Administrative Supervisionh. Annual Report

4. Consultations/SC Decisions a. Conclusions submitted for decision shall be

reached in consultation before the case is assigned to a member for writing the opinion. Certification to this effect issued by CJ. Reqt applicable to lower collegiate courts.

b. Decision shall state clearly and distinctly the facts and the law on which it is based

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

F. Tenure of Judges/Justices1. Supreme Court 2. Lower Courts

G. SalariesH. Periods for Decision

1. All cases filed after the effectivity of the Constitution must be decided or resolved, from date of submission, within:

SC – 24 monthsLower collegiate courts – 12 monthsLower courts – 3 months

In the last 2, SC may reduce + certification stating reason for delay

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

3. Period merely directory, being procedural in nature

XI. CONSTITUTIONAL COMMISSIONS

A. General Provisions1. The independent constitutional commissions are the CSC,

COMELEC and COA2. Safeguards insuring the independence of the Commissions

a. They are constitutionally creates; may not be abolished by statute

b. Independentc. Conferred certain powers and functions which

cannot be reduced by statuted. Chairmen and members cannot be removed,

except by impeachmente. Chairmen and members given 7 year-termsf. Chairmen and members may not be reappointed or

appointed in an acting capacityi. When an ad interim appointment is not

confirmed, another ad interim appointment may be extended to the appointee without violating the Constitution

g. Salaries of the chair and members are relatively high and may not be decreased during office

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NOTES:h. Commissions enjoy fiscal autonomyi. Congress is not prohibited from reducing the

appropriations of the ConComs below the amount appropriated for them for the previous year

j. May promulgate own procedural rules, provided, they do not diminish, increase or modify substantive rights

k. Chair and members subject to certain disqualifications calculated to strengthen their integrity

l. May appoint their own officials and employees in accordance with Civil Service Law

3. Inhibitions/Disqualifications a. Not hold any other office or employment during

tenureb. Not engage in the practice of any professionc. Not engage in the active management or control of

any business which in any way may be affected by the functions of his office

d. Not be financially interested in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries

4. Rotational Scheme of Appointments First appointees to serve 7,5,3 years resp. to prevent the possibility of one President appointing all the Commissioners.

Two conditions:i. Terms if the first Commissioners should

start on a common dateii. Any vacancy due to death, disability or

recognition before the expiration of the term should be filled only for the unexpired balance of the term

5. Decisions a. Majority vote, within 60 days from the date of

submission for decision or resolutioni. All members, not limited to those who

participated in the deliberations and voted therein

ii. When Commissioners who participated in the deliberations retired before promulgation, their votes shall be considered withdrawn.

iii. 60-day period; framers did not intend overly strict adherence

b. Any decision, order or ruling of each Commission may be brought to the SC on certiorari within 30 days from receipt of copy

i. When SC reviews Comelec decision ~ extraordinary JD; proceeding limited to grave abuse; Rule 65 is the proper remedy

ii. Only when COA acts without or in excess of JD, or with grave abuse of discretion amounting to lack or excess of JD< may the court entertain a petition for certiorari under Rule 65

iii. Final resolutions of the CSC shall be appealable by certiorari to the CA within 15 days from the receipt of a copy thereof. From the CA, 45 to SC.

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NOTES:6. Enforcement of Decision

Final decisions of the CSC are enforceable by a writ of execution that the CSC may itself issue.

B. The Civil Service Commission1. Composition

Chair + 2 Commissioners- natural-born- 35 yo at time of appointment- proven capacity for pubad- not a candidate for any elective position in the

immediately preceding electionAppointed with the consent of the CoApp for 7 years without reappointment.

2. Constitutional Objectives/Functions - Central personnel agency- Power to hear and decide admin cases instituted before it directly or on appeal, including contested appointments- CSC has original JD to hear and decide a complaint for cheating in the CS exams it gave- decisions of lower level officials appealed to agency head, then to CSC. RTC NO JD over personnel actions

3. Scope – all BISA of the Govt, inc. GOCCs with original charters (chartered by special law)

4. Classes of Service a. Career Service – entrance based on merit, or on

highly techinical qualifications; opportunity for advancement to higher positions; security of tenure

Open career positions – qualification from exam Closed career positions – scientific or highly techinical Career Executive Service – Usec, Bureau directors Career Officers appointed by the President AFP Personnel of GOCCs with original charters Permanent laborers

i. Career Executive Serviceii. Security of Tenure in CES, requisites:

1. CES eligibility2. Appointment to the appropriate

rank* A CES officer may be transferred or reassigned from one position to another without losing his rank which follows him

b. Non-Career Service – based on other than usual tests; tenure limited to period specified by law, or coterminus

Elective officials, their personal and confidential staff Department heads, cabinet rank and their personal and

confidential staff Chair and members of Commissions with fixed term of

office and their personal and confidential staff Contractual personnel Emergency and seasonal personnel

CSC empowered to declare positions in the Civil Service as primarily confidential

5. Appointments in the Civil Service – merit + competitive exams (xc. Policy determining, primarily confidential [“proximity rule”; close intimate relationship which ensures freedom of discussion], or highly technical positions as determined by the nature of the position)

GR: A permanent appointment can issue only to a person who possesses all the requirements

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NOTES:XC: Where appointed merely in a temporary

capacity for a period of 12 months to prevent a hiatus6. Disqualifications

- Loser, 1 year after elections- Elective official- City Mayor cannot be appointed Administrator of SBMA- Appointive officials, any other office in the Govt...

7. Security of Tenure GR: No officer or employee of the civil service shall be removed or suspended except for cause provided by law

a. Non-compliance with the Civil Service Law constitutes denial of the right to security of tenure

i. Presidential appointee under direct disciplinary of the President

ii. Uncontested transfer resulting in demotion in rank or salary is a violation of the security of tenure

iii. Illegally dismissed employee ordered reinstated considered not having left his office entitled to backwages

1. XC where reinstatement was not a result of exoneration but of liberality

2. Payment of backwages during suspension of a civil servant who is subsequently reinstated only awarded when he is found innocent and the suspension is unjustified

iv. Security of tenure in Career Executive Service pertains only to rank, not to position

b. Valid abolition of office does not violate security of tenure

i. Reorganization does not necessarily result in abolition of the office, and does not justify the replacement of permanent officers and employees

c. A career service officer unlawfully ousted from office only has 1 year to file an action in court to recover his office (otherwise, right prescribes)

d. Summary dismissal under Civil Service Law:- repealed

e. Appellate JD of CSC- Merit System Protection Boards’s decision in administrative disciplinary cases involving imposition of suspension, fine, demotion, transfer, removal or dismissal --- NOT over MSPB decisions exonerating the respondent- can be made only by the party affected by the MSPB decision

f. GR: He who, while occupying one office, accepts an incompatible office, ipso fact vacates the firt office and his title is terminated without any other act of proceeding

i. Canonizado v. Aguirre: Removal by virtue of a constitutionally infirm act negates a finding of voluntary relinquishment

8. Partisan Political Activity a. Applies also to militaryb. Exempt: Cabinet members, public officers and

employees holding political offices

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NOTES:9. Right to Self-Organization

a. Government employees not allowed to strike10. Protection to Temporary Employees 11. Standardization of Compensation fixed by Congress12. Double Compensation 13. Oath of Allegiance

C. The COMELEC1. Composition

a. Compositionb. En banc and division cases

i. Cases heard and decided indivision:ii. Exceptionsiii. In election cases, Comelec division should

hear first, provided exercises its adjudicatory or quasi-judicial functions

iv. Comelec decisions reviewable by SCc. Comelec en banc promulgates rules concerning

pleadings and practice before it or any of its offices, but may not diminish, increase or modify substantive rights

2. Constitutional powers and functions a. Enforce and administer all laws and regulations

relative tot he conduct of an election, plebescite, initiative, referendum or recall

i. Definitions1. “Initiative”2. “Referendum”3. “Recall”4. “Plebescite”

ii. Broad powersiii. Regulatory poweriv. No pardon, amnesty, parole for violation of

election laws granted by President without Comelec recommendation

v. Comelec cannot exercise power of apportionment

vi. Power to declare failure of electionsvii. Petition to declare failure of elections,

reqts:1. No voting taken place in the

precinct on the date fixed by law, or even if there was voting, election resulted in failure to elect, and

2. Votes cast would not affect the results of the election

viii. Comelec unauthorized to make an unofficial quick count of presidential election results

b. Exclusive original JD over all contests relating to the election, returns, qualifications of all elective regional, provincial, city officials. Exclusive appellate JD over all contests involving elective municipal officials decided by the RTC, or involving brgy. Officials decided by the MTC, and decisions therein shall be final, executory and unappealable.

i. Exclusive JD over pre-proclamation cases. JD of the Electoral Tribunal is exercised over members of House or Senate, and a party to the election controversy is a member of the House or Senate only after he has been proclaimed, has taken his

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NOTES:oath and assumed the functions of the office.

ii. Comelec is without the power to partially or totally annul a proclamation or to suspend the effects of a proclamation without notice and hearing

iii. Comelec has power to issue writs of prohibition, mandamus and certiorari in the exercise of its exclusive appellate JD

iv. RTCs and MTCs cannot have JD over electoral cases involving elective brgy. Officials

1. Appeal to Comelec from RTC must be filed within 5 days from receipt of decision. MR of RTC prohibited.

2. Filing Notice of Appeal not enough, appeal fee must be paid to the Comelec. If fee not paid, Comelec can dismiss outright or wait for fee to be paid and give petition due course

3. Comelec has authority to suspend reglementary periods provided by its rules

v. Comelec cannot deprive RTC of its competence to order execution of judgment pending appeal

1. RTC may grant motion for execution pending appeal when there are valid and special reasons like:

- public interest/will of electorate

- shortness of the remaining term- length of time that election contest has been pending

2. However, provision that allows execution pending appeal must be strictly construed against the movant.

3. Motion should be filed before expiration of the period for appeal

vi. Comelec has power to cite for contempt, but the power may be exercised only while it is engaged in the performance of quasi-judicial functions

vii. SC has power to review appellate final (not interlocutory) decisions of the Comelec

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

i. Changes in the location of polling places may be initiated by written petition of majority of the voters or by agreement of political parties, but Comelec has final say

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NOTES:ii. Comelec may decide a question involving

the right to vote, but its decision shall be subject to judicial review

iii. Decisions/determinations made by Comelec in the exercise of its administrative power may be questioned in ordinary civil action before trial courts

d. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections- May recommend to the President the removal of any officer it has deputized, or the imposition of any other sanction, for disobedience, violation or disregard of its orders

e. Register, after sufficient publication, political parties, organizations or coalitions which must present their platform or program of government, accredit citizens’ arms

i. Definitions1. Political Party – organized group of

citizens advocating an ideology or platform, principles and policies for the general conduct of government

a. National partyb. Regional partyc. Sectoral party

2. Sectoral organization – group of citizens who share similar physical attributes or characteristics, employment, interests or concerns

3. Coalition – aggrupation of duly-registered national, regional, sectoral parties or organizations for political and or election purpose

ii. Groups which cannot be registered1. Religious denominations or sects2. Those who seek to achieve their

goals through violent or unlawful means

3. Those who refuse to uphold and adhere to the Constitution

4. Those supported by foreign governments

iii. Grounds for cancellation of registration1. (1) to (4) above2. It is a foreign party or organization3. It violates or fails to comply with

laws, rules and regulations relating to elections

4. Declares untruthful statements in its petition

5. Has ceased to exist for at least one year

6. Fails to participate in the last 2 preceding elections, or fails to obtain at least 2% of votes cast under the party-list system in the 2 preceding elections

iv. Ang Bagong Bayani guidelines for registration

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NOTES:1. The party must represent a

marginalized or underrepresented sector or group identified in Sec. 5 of RA 7941

2. Major political parties must comply with the declared statutory policy of enabling Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House

3. Religious sector may not be represented

4. Party not disqualified under Sec. 6 of RA 7941

5. Party must not be an adjunct of, or a project organized, or entity funded by the Government

6. Party and its nominees must comply with the requirements of the law

7. Nominees must represent marginalized and underrepresented

8. Nominee must be able to contribute to the formulation and enactment of appropriate legislation which will benefit the nation

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

i. Comelec may delegate to Provincial Fiscal the investigation and prosecution of violations f election laws

ii. Power includes authority to decide whether or not to appeal the dismissal of a criminal case by the trial court

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 election, plebiscite, initiative, referendum or recall

3. Statutory powers a. Exercise supervision and control over officials

required to perform duties relative to the conduct of elections

b. Promulgate rules and regulationsc. Punish contemptd. Inquire into financial records of candidates, groupse. Prescribe forms to be used in electionsf. Procure supplies and materials needed fo rthe

electionsg. Enlist non-partisan groups to assist ith. Fix periods for pre-election requirementsi. Declare failure of election; call for special elections

i. Sitting en banc, majority vote

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NOTES:ii. Motu propio or upon verified petitioniii. Summary hearing

4. Party System 5. Election Period – commences 90 days before the election

and ends 30 days thereafter, unless otherwise fixed by the Comelec in special cases

6. Judicial Review of Comelec decisions – to SC via 65, 30 days from receipt of final order, ruling or decision of Comelec en banc

D. The COA1. Composition/Appointment

a. Chair + 2 Commissioners. Natural-born. 35 yo. CPAs with not less than 10 years of auditing experience of members of the Philippine bar with at least 10 years practice of law. Not candidates in the election preceding.

b. Appointed by the President with consent of the CoApp

c. Term of 7 years without reappointment2. Powers and Duties

a. Examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property owed and held in trust or pertaining to the Government

b. Keep general accounts of the Government, and preserve vouchers and supporting papers for such period provided by law

c. Authority to define the scope of its audit and examination, establish techniques and methods required thereof

d. Promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or uses of government funds or property

3. Jurisdiction – government entity or investment of public funds

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Nachura Outline

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Transcript of Nachura Outline