Compiled Digests Property 21 Sept.docx

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Lasallian Commission on Bar Operations 2018

POLITICAL AND INTERNATIONAL LAW

Green Notes

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Nico Garcia

LCBO Vice Chair for

Internals

Steph Griar

LCBO Vice Chair for

Externals

Pat Costales

LCBO Executive Secretary

Ces Naga

LCBO Executive Treasurer

Academic Affairs

Chairperson

Janine Tutanes

Rod Zantua

Academic Affairs Deputy

Chairpersons

Political and International

Law Chairperson

Iris Yap

Political and International

Law Deputy Chairperson

Nolan Domingo

Constitutional Law I Subject

Head

Martin Villadolid

Constitutional Law II

Subject Head

Jesse Solis

Law on Administrative

Agencies and Election Law

Subject Head

Dianne Uy

Sam Loyola

Law on Local Governments

Subject Heads

Cha De Vera

Public International Law

Subject Head

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Table of Contents Table of Contents

Constitutional Law I

I.

I. THE PHILIPPINE CONSTITUTION ……….….1THE PHILIPPINE CONSTITUTION ……….….1 A.

A. Constitution: Definition, Nature,Constitution: Definition, Nature, And Concepts....

And Concepts....………..…….………...1………..…….………...1 B.

B. Parts………Parts………..………...….…….2………...….…….2 C.

C. Amendment and RevisionsAmendment and Revisions ……...………..2……...………..2 D.

D. Self-Executing and Non-self-executingSelf-Executing and Non-self-executing provisions ………...……3 provisions ………...……3 E.

E. General Provisions………...…..3General Provisions………...…..3 II.

II. GENERAL CONSIDERATIONS ……….…4GENERAL CONSIDERATIONS ……….…4 A.

A. National TerritoNational Territory……….….4ry……….….4 1.

1. Archipelagic Doctrine …………...4Archipelagic Doctrine …………...4 B.

B. State Immunity .………...…..4State Immunity .………...…..4 C.

C. General principles and state policies……...5General principles and state policies……...5 D.

D. Separation of Powers ………...9Separation of Powers ………...9 E.

E. Checks and Balances ……….9Checks and Balances ……….9 F.

F. Delegation of powers ………..10Delegation of powers ………..10 G.

G. Forms of Government ……...………..10Forms of Government ……...………..10 III.

III. LEGISLATIVE DEPARTMENT ………..10LEGISLATIVE DEPARTMENT ………..10 A.

A. Who may exercise legislative power……..10Who may exercise legislative power……..10 1.

1. Congress………...11Congress………...11 2.

2. Regional/Local Legislative power Regional/Local Legislative power ...11...11 3.

3. People’s initiative on statutes……...People’s initiative on statutes……...11...11 a.

a. Initiative and Referendum……….Initiative and Referendum………..11.11 B.

B. House of CongreHouse of Congress ………...11ss ………...11 1.

1. Senate………...11Senate………...11 2.

2. House of Representatives……….….11House of Representatives……….….11 a.

a. District Representatives andDistrict Representatives and questions of

questions of

apportionment…………..……13 apportionment…………..……13 b.

b. Party-Party-list system………...13list system………...13 C.

C. Legislative privileges, inhibitions andLegislative privileges, inhibitions and disqualifications……….14 disqualifications……….14 D.

D. Quorum and votiQuorum and voting majorities……ng majorities……..…...….15…...….15 E.

E. Discipline of members……….. 15Discipline of members……….. 15 F.

F. Electoral tribunals and the Commission onElectoral tribunals and the Commission on Appointments……… 16 Appointments……… 16 1. 1. Nature………..……. 16Nature………..……. 16 2. 2. Powers……….……. 16Powers……….……. 16 G.

G. Powers of Congress………17Powers of Congress………17 1.

1. Legislative……….... 17Legislative……….... 17 a.

a. Legislative inquiries and theLegislative inquiries and the oversight functions

oversight functions b.

b. Bicameral conference committeeBicameral conference committee c.

c. Limitations on legislative powerLimitations on legislative power i.

i. Limitations on revenueLimitations on revenue appropriations, and tariff appropriations, and tariff measures

measures ii.

ii. Presidential veto andPresidential veto and Congressional override Congressional override 2.

2. Non-Non-Legislative………...… 22Legislative………...… 22 a.

a. Informing functionInforming function b.

b. Power of ImpeachmentPower of Impeachment c.

c. Other non-legislative powers.Other non-legislative powers.

IV.

IV. EXECUTIVE DEPARTMENT………22EXECUTIVE DEPARTMENT………22 A.

A. Privileges, inhibitions andPrivileges, inhibitions and

disqualifications…………...……….………..22 disqualifications…………...……….………..22

1.

1. Presidential immunity………....….…23Presidential immunity………....….…23 2.

2. Presidential PrivilegePresidential Privilege……...…….….. 23……...…….….. 23 B.

B. Powers………...24Powers………...24 1.

1. Executive and administrative powersExecutive and administrative powers in general……..……… 24 in general……..……… 24 2. 2. Power ofPower of Appointment………...…………..25 Appointment………...…………..25 a. a. In generalIn general b.

b. Commission on AppointmentsCommission on Appointments confirmation

confirmation c.

c. Midnight appointmentsMidnight appointments d.

d. Power of RemovalPower of Removal 3.

3. Power of Control andPower of Control and

supervision……… 26 supervision……… 26

a.

a. Doctrine of qualified politicalDoctrine of qualified political agency

agency b.

b. Executive departments andExecutive departments and offices

offices c.

c. Local government unitesLocal government unites 4.

4. Military powers……….….... 27Military powers……….….... 27 5.

5. Pardoning power………...Pardoning power………...28...28 a.

a. Nature and limitationsNature and limitations b.

b. forms of Executive clemencyforms of Executive clemency 6.

6. Diplomatic power………..28Diplomatic power………..28 7.

7. Powers relative to apportionmentPowers relative to apportionment measure

measures……….29s……….29 A.

A. Validity of transferring savingsValidity of transferring savings between departments between departments 8. 8. DelegatedDelegated powers………...29 powers………...29 9.

9. Veto powers………30Veto powers………30 10.

10. Residual Powers ……….…..30Residual Powers ……….…..30 11.

11. Executive privilege………...Executive privilege………....30.30 12.

12. Emergency Powers………30Emergency Powers………30 C.

C. Rules of Succession ………...…..Rules of Succession ………...…..3030 V.

V. JUDICIAL DEPARTMENT……….…….31 JUDICIAL DEPARTMENT……….…….31 A.

A. Concepts………...……..31Concepts………...……..31 1.

1. Judicial Power………..…..31 Judicial Power………..…..31 2.

2. Judicial Review; Judicial Review; requisites…………...32requisites…………...32 a.

a. Operative fact doctrineOperative fact doctrine b.

b. Moot questionsMoot questions c.

c. Political question doctrinePolitical question doctrine B.

B. SafegSafeguards of Judicial independence……….33uards of Judicial independence……….33 C.

C. Judicial rest Judicial restraint………34raint………34 D.

D. Appointments to the Judiciary………...34Appointments to the Judiciary………...34 A.

A. Judicial and Bar Judicial and Bar

Council………...34 Council………...34 E.

E. Supreme Court………..34Supreme Court………..34 1.

1. En banc and division cases……....34En banc and division cases……....34 2.

2. Procedural rule-Procedural rule-making………….34making………….34 3.

3. Administrative supervision overAdministrative supervision over lower courts……….35 lower courts……….35 4.

4. Original and appellateOriginal and appellate

Jurisdiction…..………...35 Jurisdiction…..………...35 VI.

VI. CONSTITUTIONALCONSTITUTIONAL

COMMISSIONS…………..….35 COMMISSIONS…………..….35 A.

A. Constitutional safeguards to ensureConstitutional safeguards to ensure

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B.

B. Powers and functions of eachPowers and functions of each commission………..…

commission………..…..……….36……….36

C. C. Prohibited offices and IntProhibited offices and Interests………erests………..36..36

D. D. Jurisdiction of each constitutional Jurisdiction of each constitutional Commission……… Commission………..………..36………..36

E. E. Review of Final orders, resolutions, andReview of Final orders, resolutions, and decisions……… decisions………..………36………36

VII. VII. CITIZENSHIP………..………..38CITIZENSHIP………..………..38

A. A. Who are Filipino citizens……….38Who are Filipino citizens……….38

B. B. Natural-born citizens and public office...Natural-born citizens and public office...….38….38 C. C. Modes of Acquiring citizenship...Modes of Acquiring citizenship...…………..38…………..38

D. D. Naturalization and denaturalization...Naturalization and denaturalization...…...38…...38

E. E. Dual citizenship and dual allegiance……….39Dual citizenship and dual allegiance……….39

F. F. Loss and re-acquisition of PhilippineLoss and re-acquisition of Philippine Citizenship……….…39

Citizenship……….…39

VIII. VIII. NATIONAL ECONOMY ANDNATIONAL ECONOMY AND PATRIMONY... PATRIMONY...….39...….39

A. A. Regalian doctrine………..40Regalian doctrine………..40

B. B. Franchises, authority, and certificatesFranchises, authority, and certificates for public utilities……….40

for public utilities……….40

C. C. Practice of professions ………41Practice of professions ………41

D. D. Monopolies, restraint of trade and unfairMonopolies, restraint of trade and unfair competition………41

competition………41

IX. IX. SOCIAL JUSTICE AND HUMANSOCIAL JUSTICE AND HUMAN RIGHTS………...41

RIGHTS………...41

A. A. Concept of Social justice……….….41Concept of Social justice……….….41

B. B. Commission on Human Rights………….….41Commission on Human Rights………….….41

X. X. EDUCATION, SCIENCE, TECHNOLOGY, ARTS,EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND CULTURE AND SPORTS………..42

SPORTS………..42

A. A. Academic Freedom………..42Academic Freedom………..42

Constitutional Law II

I. I. FUNDAMENTAL POWERS OF THE STATE (POLICEFUNDAMENTAL POWERS OF THE STATE (POLICE POWER, EMINENT DOMAIN, TAXATION) POWER, EMINENT DOMAIN, TAXATION) A. A. Concept, application and limitsConcept, application and limits Police Power ……….43 Police Power ……….43 Eminent Domain………..……44 Eminent Domain………..……44 Taxati Taxation ………...on ………...46.46 B. B. Requisites for valid eRequisites for valid exercise ………xercise ………..47..47

C. C. SimilSimilarities and differences ……….. 47arities and differences ……….. 47

D. D. Delegation ………...……….48Delegation ………...……….48

II. II. PRIVATE ACTS AND THE BILL PRIVATE ACTS AND THE BILL OF RIGHTS ...49OF RIGHTS ...49

III. III. DUE PROCESSDUE PROCESS–– THE RIGHTS TO LIFE, LIBERTY THE RIGHTS TO LIFE, LIBERTY & PROPERTY ………..………...49

& PROPERTY ………..………...49

A. A. Relativity of due processRelativity of due process ……..……….. 49……..……….. 49

B. B. ProceduralProcedural and substantive due process .….…49and substantive due process .….…49 C. C. Constitutional and statutory due processConstitutional and statutory due process ……49……49

D. D. Hierarchy of rights ………Hierarchy of rights ………...51...51

E. E. Judicial standards of review Judicial standards of review …………...…...….51…………...…...….51

1. 1. Void-for-Void-for-vagueness doctrine …………...51vagueness doctrine …………...51

2. 2. Rational Basis Test ……….…..……….51Rational Basis Test ……….…..……….51

3. 3. Strict Scrutiny Test ……….…..…...51Strict Scrutiny Test ……….…..…...51

4. 4. Intermediate Scrutiny Test …….….…...51Intermediate Scrutiny Test …….….…...51

IV. IV. EQUAL PROTECTIONEQUAL PROTECTION………..…..…51………..…..…51

A. A. Concept Concept …...……...………...….…...……. …...……...………...….…...……. 5151 B. B. Requisites forRequisites for valid classification ……….…..….valid classification ……….…..…..51.51 V. V. SEARCHES AND SEIZURES …………...SEARCHES AND SEIZURES …………...………52………52

A. A. Concept ………Concept ……… ………...………...5252 B. B. Warrant requirement; requisites for a validWarrant requirement; requisites for a valid warrant…………..………...52

warrant…………..………...52

C. C. Warrantless searches ………Warrantless searches ………....…………...53…………...53

D. D. Warrantless arrests ………Warrantless arrests ………....…………...54…………...54

E. E. Administrative arrests …………Administrative arrests …………...……….…….. 54……….…….. 54

F. F. Drug, alcohol,Drug, alcohol, and blood tests …………..and blood tests …………... 55... 55

VI. VI. PRIVACY OF COMMUNICATIONS ANDPRIVACY OF COMMUNICATIONS AND CORRESPONDENCE CORRESPONDENCE ……… ………...………….55………….55

A. A. Private and public communications ………56Private and public communications ………56

B. B. Intrusion, when allowed ..……….……….56Intrusion, when allowed ..……….……….56

C. C. Writ ofWrit of habeas data ………habeas data ………...…….……...…...….5757 VII. VII. FREEDOM OF EXPRESSION ………..FREEDOM OF EXPRESSION ………...……....57……....57

A. A. Concept and scope ……..……….…...……….……. 57Concept and scope ……..……….…...……….……. 57

a. a. Prior restraint (censorshipPrior restraint (censorship) …..…..….…... 58) …..…..….…... 58

b. b. Subsequent punishment ……..……..…….59Subsequent punishment ……..……..…….59

B. B. Content-based and content-neutral regulationsContent-based and content-neutral regulations a. a. TestTests …..………..……….…...59s …..………..……….…...59

b. b. Applications……..………....………59Applications……..………....………59

C. C. Facial challenges and the overbreadth doctrineFacial challenges and the overbreadth doctrine…… 60 60 D. D. Tests ………..….. 59Tests ………..….. 59

E. E. State regulation of different types of massState regulation of different types of mass media……… media………..……...………….….……...………….…. .60.60 F. F. Commercial speech ……….…….…...Commercial speech ……….…….…....58.58 G. G. PrivatePrivate vs. government speech ………..……..vs. government speech ………..……..5858 H. H. Heckler’s veto ……...…………Heckler’sveto ……...…………....………58………58

VIII. VIII.FREEDOM OF RELIGION ……….……….62FREEDOM OF RELIGION ……….……….62

A. A. Non-estNon-establishment clause ………...………ablishment clause ………...………...62...62

a. a. CConcept and basis ………..……..…..oncept and basis ………..……..…...62.62 b. b. Acts permitted and not permitted by theActs permitted and not permitted by the clause……….. clause………...62...62

c. c. Test ………..…………...62Test ………..…………...62

B. B. Free exercise clause ……….………...63Free exercise clause ……….………...63

C. C. Tests ………..…………..63Tests ………..…………..63

a. a. ClearClear and Present Danger Test …..……and Present Danger Test …..……...63...63

b. b. Compelling State Interest Test…………...63Compelling State Interest Test…………...63

c. c. CConscientious Objector Test ……….63onscientious Objector Test ……….63

IX. IX. LIBERTY OF ABODE AND FREEDOM OFLIBERTY OF ABODE AND FREEDOM OF MOVEMENT……….………….64

MOVEMENT……….………….64

A. A. Limitations ………….………..………. 64Limitations ………….………..………. 64

B. B. Right to travel ………..……… 64Right to travel ………..……… 64

a. a. Watch-list and hold departureWatch-list and hold departure order orders……….……...….64s……….……...….64

C. C. Return to one’s country ……….…...65Return to one’s country ……….…...65

X. X. RIGHT TO INFORMATION …...………65RIGHT TO INFORMATION …...………65

A. A. LimitatLimitations …….……….65ions …….……….65

B. B. Publication of laws and rPublication of laws and regulations….………….. 66egulations….………….. 66

C. C. AAccess to court records ……….66ccess to court records ……….66

D. D. Right to information relative to:Right to information relative to: a. a. Government contrGovernment contract negotiations ..………act negotiations ..……… 67 67 b. b. DiplomatiDiplomatic negotiations ………...c negotiations ………... 67.. 67

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XI. RIGHT OF ASSOCIATION …….………...…………..67

XII. EMINENT DOMAIN ………....……….67

A. Concept ……….……..………..………... 67

B. Expansive concept of “public use” ...…………... 68

C. Just compensation …..……… 68

a. Determination ………..……….... 68

b. Effect of delay ……….. 68

D. Abandonment of intended use and right of repurchase……….….. 69

XIII. CONTRACT CLAUSE ………..…………..69

A. Contemporary application of the contract clause XIV. LEGAL ASSISTANCE AND FREE ACCESS TO COURTS……… 70

XV. RIGHTS OF SUSPECTS ………. 70

A. Availability………….……….….……... 70

B. Requisites ……… 71

C. Waiver ………. 71

XVI. RIGHTS OF THE ACCUSED ……….... 72

A. Criminal due process ………...72

B. Presumption of innocence ………...72

C. Bail ………..73

D. Right to be heard ………..74

E. Assistance of counsel ………...74

F. Right to be informed ………75

G. Right to speedy, impartial and public trial …….. 75

H. Right of confrontation ………. 76

I. Compulsory process ……… 76

J. Trial in absentia ………. 76

XVII. WRIT OF HABEAS CORPUS ………77

XVIII. WRITS OF AMPARO, HABEAS DATA, AND KALIKASAN……… ……. 78

XIX. SELF-INCRIMINATION CLAUSE... …..……… 79

A. Scope and coverage ………... 79

a. Foreign laws ………79

B. Application ………... 79

C. Immunity statutes ………... 80

XX. INVOLUNTARY SERVITUDE AND POLITICAL PRISONERS ……… 81

XXI. EXCESSIVE FINES AND CRUEL AND INHUMAN PUNISHMENTS…..………...……… 81

XXII. NON-IMPRISONMENT FOR DEBTS ………... 82

XXIII. DOUBLE JEOPARDY ……….. 82

A. Requisites ………....82

B. Motions for reconsideration and appeals ……….……….82

C. Dismissal with consent of accused ……… 83

XXIV. EX POST FACTO LAWS AND BILLS OF ATTAINDER………83

Law on Public Officers

I. GENERAL PRINCIPLES A. Definition ……….85

B. Essential Elements of a Public Office…………....85

C. Classification of Public Officers ………85

D. Characteristics of a Public Officer……….86

E. Creation of a Public Office……….86

F. How a Public Office is Created……….86

G. Who are Public Officers………..86

II. MODES OF ACQUIRING TITLE TO PUBLIC OFFICE..………..87

III. MODES AND KINDS OF APPOINTMENT…………87

A. Nature and Characteristics……… 87

B. Appointment and Designation………... 88

C. Appointment vs. Designation………….……….. 88

D. Permanent vs. Temporary……….. .. 88

E. Presidential Appointments ……….. 89

F. Regular vs. Ad Interim……….. 89

G. Rules on Acceptance and Revocation…………..90

IV. ELIGIBILITY AND QUALIFICATION REQUIREMENTS……….90

A. Definitions ……….…………. 90

B. Scope of Qualifications……….. 91

C. Who May Prescribe Qualifications……….. 91

D. Restrictions on the Power of Congress………… 91

E. Qualifications Prescribed by the Constitution… 92 F. Duration of Qualification………... 92

G. Political Qualification………... 93

V. DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS A. Constitutional Disqualifications……….. 93

B. Other Disqualifications and Prohibitions……... 94

C. Prohibition om Holding Offices in the Private Sector……… ………. 94

D. Prohibition on Nepotic Appointments………... 94

E. Disqualifications in the LGC ………… ...…… 95

VI. POWERS AND DUTIES OF PUBLIC OFFICERS……96

A. Authority of Public Officers ………… …... 96

B. Duties of Public Officers ……….. 96

VII. RIGHTS OF PUBLIC OFFICERS ………...96

A. In General………... 96

B. Right to Office……… 97

C. Right to Compensation………. 97

D. Constitutional Provisions………. 97

E. Right to Retirement Pay……… 98

F. Right to Reimbursement and Indemnity………98

G. Right to Reinstatement and Back Salary…….…98

H. Rights to Property, Devices, and Inventions…..98

VIII. LIABILITIES OF PUBLIC OFFICERS………99

A. In General……… 99

B. Three-Fold Responsibility of Public Officers…. 99 C. Preventive Suspension and Back Salaries…….. 100

D. Rules on Preventive Suspension……….. 100

E. Illegal Dismissal, Reinstatement, and Back Salaries……….…… 101

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IX. IMMUNITY OF PUBLIC OFFFICERS .………101

X. DE FACTO OFFICERS A. Officer de Jure vs. Officer de Facto……… 102

XI. TERMINATION OF OFFICAL RELATION A. Expiration of the Term or Tenure of Office…. 104 B. Reaching the Age Limit……… 104

C. Death or Permanent Disability……… 104

D. Resignation………. 104

E. Acceptance of an Incompatible Office……….... 105

F. Abandonment of Office……… 105

G. Prescription of Right to Office………. 105

H. Removal……….. 105

I. Abolition………. 106

J. Conviction of a Crime……….…….. 106

K. Non-User………..……106

L. Recall………..…..106

M. Filing of a Certificate of Candidacy by an Appointive Official……….………..…..106

XII. THE CIVIL SERVICE A. Scope……… 106

B. Jurisdiction of the Civil Service Commission….106 C. Appointments to the Civil Service………107

D. Personnel Action...………..108

XIII. ACCOUNTABILITY OF PUBLIC OFFICERS………..108

A. Impeachment………...………108

B. Ombudsman………... 109

C. Sandiganbayan………..… 110

D. Ill-Gotten Wealth……… 110

XIV. TERM LIMITS……….……… 111

Administrative Law

I. GENERAL PRINCIPLES………113

A. Sources of Administrative Law………113

B. Scope of Administrative Law………...113

C. Classifications of Administrative Law…………113

II. ADMINISTRATIVE AGENCIES………..113

A. Definition……….113

B. Creation of Administrative Agencies…………..114

C. Different Ways of Creating Public Office……...114

D. Faithful-Execution Clause……….114

E. Administrative Agencies Directly Created by the 1987 Constitution……….….. 114

F. How the President’s Ordinance Power is Exercised……….….114

G. Extent of President’s Powers……….…....114

H. Kinds of Administrative Agencies………….…..114

III. POWERS OF ADMINISTRATIVE AGENCIES..115

A. Express and Implied Powers………115

B. Doctrine of Necessary Im plication……….. 115

C. Powers of Administrative Agencies………115

D. Quasi-Legislative Powers………..115

E. Quasi- Judicial Powers………116

F. Investigatory Powers……….118

IV. JUDICIAL RECOUSE AND REVIEW………….118

A. Judicial Review of Administrative Decisions….118 B. Requisites of Judicial Review of Administrative Decisions………..118

C. Doctrine of Exhaustion of Administrative Remedies………..119

D. Doctrine of Primary Jurisdiction…………..……119

E. Doctrine of Exhaustion of Administrative Remedies vs. Doctrine of Primary Jurisdiction………...……...119

Election Law

I. SUFFRAGE ………120

A. Definition………... 120

B. Scope of Suffrage………... 120

C. Kinds of Election………..………. 120

II. QUALIFICATION AND DISQUALIFICATION OF VOTERS………120

A. Qualification of Voters……….… 120

B. Disqualification of Voters……… 121

III. REGISTRATION OF VOTERS……….. A. Registration, Definition……….. 121

B. Registered Voter………. 121

C. Effect of Transfer of Residence……….. 121

D. Period of Registration………. 121

E. Manner of Registration………121

F. Change of Residence or Address……….. 121

G. Remedy in Case of Approval/Disapproval of Application for Registration...……….………... 122

H. Deactivation of Registration………...122

I. Grounds of Deactivation……….122

J. Reactivation of Registration………... 122

a. Period……….. 122

K. Overseas Absentee Voter……….... 122

L. Coverage of the Right to Vote……….... 122

IV. INCLUSION AND EXCLUSION PROCEEDINGS…122 A. Period for Filing the Petition for Inclusion or Exclusion Proceeding………...122

B. Court with Jurisdiction over Inclusion and Exclusion Proceeding……….………. 122

C. Common Rules……… 123

V. POLITICAL PARTIES………123

A. Political Party, Definition……….. 123

B. Kinds of Political Party……….. 123

C. Party-list System………. 123

D. Sectoral Organization……….………... 123

E. Coalition……….. 123

F. Jurisdiction of COMELEC over Political Parties……….. 123

G. Purpose of Registration………. 124

H. Grounds for Refusal/Cancellation of Registration……… 124

I. Effect of Change of Party-list Affiliation…… 124

J. Seat Allocation………... 124

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VI. CANDIDACY……….124

A. Candidacy, Definition………....124

B. Qualification of Candidates………..124

C. Substitution in Case of Death, Withdrawal, and Disqualifications………..125

D. Ministerial Duty of COMELEC to Receive Certificate………..125

E. Nuiscance Candidate………..125

F. Ground for Denying and Cancelling a Certificate of Candidacy...………..126

G. Filing of Petition for Denial and Cancellation of Certificate of Candidacy...…..126

H. Disqualifications of Candidates………126 I. Effects of Disqualification……….126 J. Withdrawal of Candidacy……….126 K. Effect of Withdrawal………..126 VII. CAMPAIGN………..126 A. Premature Campaign………126 B. Prohibited Contributions………. 126 C. Prohibited Donations……… 127

D. Lawful Election Propaganda………... 127

E. Unlawful Election Propaganda………128

F. Limitations on Expenses………128

G. Statement of Contributions……….. 128

H. Effect of Failure to File………...128

VIII. BOARD OF ELECTION INSPECTORS AND BOARD OF CANVASSERS………...129

A. Composition of Election Inspectors…………...129

B. Qualifications……….129

C. Disqualifications………....129

D. Powers of Board of Election Inspectors….……129

E. Board of Canvassers………..129

F. Jurisdiction of the COMELEC over Board of Canvassers………..…130

G. Duties of the Board of Canvassers…………..…130

H. Ministerial Duties of the Board of Canvassers..130

I. Quasi-judicial Duties of the Board of Canvassers………..…………...130

J. Period to Complete Canvass………..………….130

IX. REMEDIES AND JURISDICTION IN ELECTION LAW………..130

A. Petition Not to Give Due Course to C ancel a Certificate of Candidacy………...……….130 B. Disqualification Cases………131 C. Failure of Election………...………131 D. Pre-Proclamation Controversy…...…………132 E. Election Protest………..……….134 F. Quo Warranto……….………136

X. PROSECUTION OF ELECTION OFFENSES………136

A. Election Offenses………136

B. Other Election Offenses under RA 6646…….137

C. Prescription……….137

D. Jurisdiction………. 137

E. The Policy of Non-Interference………137

XI. OMNIBUS ELECTION CODE OF THE PHILIPPINES (B.P. Blg. 881, as amended)………...…..139

XII. ELECTION AUTOMATION LAW (R.A. No. 8436, as amended by R.A. No. 9369)………....139

Local Government Code

I. PUBLIC CORPORATIONS………..147

II. MUNICIPAL CORPORATIONS……….148

A. De Jure Municipal Corporations ….….…...150

B. Municipal Corporations by Prescription ……..150

C. De Facto Municipal Corporations.…………...150

III. PRINCIPLES OF LOCAL AUTONOMY……... 154

A. Decentralization of Administration………...155

B. Decentralization of Power………...155

C. Devolution………..……….…155

D. Deconcentration………..…..…...155

E. Debureaucratization………..…..…...155

IV. POWERS OF LOCAL GOVERNMENT UNITS………..….156 A. Police Power………...………156 B. Eminent Domain………157 C. Legislative Power………..159 D. Corporate Powers………...160 E. Liabilities of LGUs……….161

F. Settlement of Boundary Disputes………162

V. LOCAL OFFICIALS………163

A. Succession on Local Officials………. 164

B. Discipline of Local Officials……….………...…166

Public International Law

VI. CONCEPTS ... 170

A. Obligations erga omnes ... 170

B. Jus cogens ... 170

C. Concept of ex aequo et bono... 170

I. RELATIONSHIP OF INTERNATIONAL AND NATIONAL LAW ... 171

A. Theories on the Relationship between International Law and Municipal Law ... ... 171

B. Theories as to Adoption of International Law and Domestic Law ... 171

C. Conflict between International law and Municipal Law ... 171

II. SOURCES ... 171

A. The Sources of International Law ... 171

B. Classification of Sources ... 171

C. Sources of International Law under the Statute of the International Court of Justice ... 171

D. Treaties & Agreements .. ... 172

E. Customary International Law ... 172

F. General Principles o f Law ... 172

G. Judicial Decisions and Teachings of the Most Highly Qualified Publicists ... 173

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III. SUBJECTS ... 173

A. States ... 173

a. Elements/Qualifications of Statehood: ... 173

B. International o rganizations ... 174

1. Belligerent community ... 174

2. International Administrative Bodies ... 174

C. Individuals ... 174

IV. BASIC PRINCIPLES OF DIPLOMATIC AND CONSULAR LAW ... 174

A. Vienna Convention on Diplomatic Relations ... 174

B. Bilateral and Multilateral Diplomacy ... 174

C. Elements of Diplomatic and Consular Law ... 175

D. Sources of Diplomatic and Consular Law ... 175

E. Classes of Heads of Consular Posts ... 177

F. General Provisions ... 177

A. Persona Non Grata ... 177

V. GENERAL PRINCIPLES OF TREATY LAW ... 178

A. Treaty ... ... 178

B. Types o f Treaties ... 178

C. Treaty-Making Process ... 178

D. Principles ... ... 179

E. Amendment and Modification of a Treaty ... 179

VI. NATIONALITY AND STATELESSNESS ... 180

A. Nationality ... 180

A. Multiple Nationality ... 180

B. Doctrine of Indelible Allegiance ... 180

C. Statelessness ... 180

VII. STATE RESPONSIBILITY AND TREATMENT OF ALIENS ... 180

A. Doctrine of State Responsibility ... 180

a. Elements o f State Responsibility ... 180

b. Elements of An Internationally Wrongful Act ... 180

B. Treatment and Protection of Aliens ... 180

a. Standard of Protection of Aliens ... 181

C. Right of Diplomatic Protectio n ... 181

a. Methods to Avoid Liability ... 181

VIII. JURISDICTION OF STATES ... 181

A. Territoriality principle ... 181

B. Nationality principle and statelessness ... 181

a. Nationality ... 181

b. Statelessness ... ... 181

C. Protective Principle... 181

D. Universality Principle... 182

E. Passive personality principle ... 182

F. Conflicts o f jurisdiction ... 182

a. Three Modes for Resolving Conflicts ... 182

b. The Balancing Test ... 182

c. International C omity ... 182

d. Forum non conveniens ... 182

IX. TREATMENT OF ALIENS ... 182

A. Extradition ... ... 182

b. Principles ... ... 182

c. Distinction between Extradition and Deportation ... 182

X. International Human Rights Law ... ... 183

A. Universal Declaration of Human Rights ... 183

B. International Covenant on Civil and Political Rights ... 183

a. Substantive Rights under ICCPR ... 183

b. Non-derogable Rights under ICC PR ... 183

c. Optional Protocols to the International Covenant on Civil and Political Rights ... 183

C. International Covenant on Economic, Social and Cultural Rights ... 183

b. Three Generations of Human Rights ... 183

XI. BASIC PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW AND NEUTRALITY... 184

A. Categories of armed conflicts ... 184

a. International armed conflicts (IAC) ... 184

b. Internal or non-international armed conflict (NIAC) ... 184

c. War of national liberation ... 184

B. Core international obligations of states in International Humanitarian Law ... 184

a. Civilian ... 185

b. Civilian population ... 185

C. Principles of International Humanitarian Law 185 a. Prisoners of war ... 185

D. Law on neutrality... 185

a. Rights and Duties o f Neutral States ... 185

b. Rights and Duties of Belligerent States ... 185

E. RA No. 9851 ... 186

XII. LAW OF THE SEA ... 188

A. Baselines... 188

a. Two Ways of Drawing the Baseline ... 188

B. Archipelagic states ... 188

a. Straight archipelagic baselines ... 188

b. Archipelagic waters ... ... 188

c. Archipelagic sea lanes passage ... 188

C. Internal waters ... 188

D. Territorial sea ... ... 188

E. Exclusive economic zone ... 188

F. Continental shelf ... 188

a. Extended continental shelf ... 188

G. International Tribunal for the Law of the Sea .. 188

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CONSTITUTIONAL

LAW I

THE PHILIPPINE CONSTITUTION

A. CONSTITUTION: DEFINITION, NATURE,

AND CONCEPTS.

i. Definition

Constitution defined,

Body of rules and maxims in accordance with which the power of sovereignty is habitually exercised.

Written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise

Basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. A law for the government, safeguarding individual rights, set down in writing.

An organic instrument, under which governmental powers are both conferred and circumscribed.((Fernando, The Constitution of the Philippines 20-21 (2nd_{ed., 1977 )}

Constitutional Law defined,

Constitutional Law is the study of the maintenance of the proper balance between the authority of the State and liberty as guaranteed by the Bill of Rights. ii. Purpose

 To prescribe permanent framework of a system of government

 To assign to several departments their respective powers and duties.

 To establish certain first principles on which the government is founded.

 To shape and fix the limits of governmental activity.

iii. Classification

a. Written – precepts are embodied in one document or set of documents

b. Unwritten– not integrated into a single, concrete form but are scattered in various sources

i.e. statutes, judicial decisions, commentaries of publicist, customs and traditions and certain common law principles.

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c. Enacted (conventional)– formally struck off at a definite time and place through a deliberate effort taken by a constituent body or ruler. d. Evolved (cumulative) – result of a political

evolution, changing by accretion rather than systematic method.

e. Rigid– amended only by a formal and usually difficult process.

f. Flexible – can be changed by ordinary registration.

 Philippine Constitution – Written, Enacted and Rigid.

Date of Effectivity of the 1987 Constitution: February 2, 1987, the date of the plebiscite, not the date of the proclamation of the ratification ((De Leon v. Esguerra, G.R. No. 78059, August 31, 1987))

iv. Qualities of a Good Written Constitution

a. Broad – must be comprehensive enough to provide for everyday contingency.

b. Brief– must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend.

c. Definite– to prevent ambiguity in the provisions to avoid divisiveness and confusion among people. v. Construction or Interpretation of Constitution

a. Verba Legis —whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed.

b. Ratio legis et anima – the words of the c onstitution should be interpreted in accordance with the intent of the framers.

c. Ut magis valeat quam pereat— the Constitution has to be interpreted as a whole. (Francisco vs. HR, G.R. No. 160261, November 10, 2003)

d. Construction of doubtful provisions

 Examined in light of the history of the times and the conditions and circumstances under which the constitution was framed. (Civil Liberties Union vs. Executive Secretary, 194 SCRA 317)

 Construed as self-executory and mandatory rather than directory; prospective rather than retroactive.

B. PARTS

(1). Constitution of Liberty- sets forth the fundamental

civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights.

e.g. Bill of Rights

(2). Constitution of Government - outlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate. ( Arts. VI, VII, VIII, IX)

(3). Constitution of Sovereignty- the provisions pointing out the mode or proced ure in accordance with which formal changes in the fundamental law may be brought about.

 e.g. Art. XVII

C. AMENDMENT/REVISION OF THE

CONSTITUTION

i. Amendment v. Revision Amendment Revision

 Broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved.  GR: affects only specific provisions being amended  Broadly implies a change that alters a basic principle in the Constitution, like altering the principle of separation of powers or the system of checks and balances.

 If the change alters the substantial entirety of the Constitution

 Generally affects several provisions of the Constitution (Art. XVIII, 1987 Const.) ii. Legal Tests

(1). Quantitative test- The court examines the number of provisions affected and does not consider the degree of change ;

(2). Qualitative test- The court inquires into the qualitative effects of the proposed change in the Constitution. The main inquiry is whether t he change will “accomplish such far-reaching changes in the nature of our basic governmental plan as to amount to a revision” ((Lambino v. COMELEC, G.R. No. 174153. October 25, 2006))

iii. Procedure

(1). Proposal – adoption of the suggested change in the Constitution

a. Congress (as a Constituent Assembly) – vote of ¾ of ALL its members

b. Constitutional Convention – called into existence by (1) 2/3 of ALL members of Congress OR (2) the electorate, in a referendum

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called for by the majority of the members of Congress (CONST., Art. XVII, Sec. 3)

c. People (through a People’s initiative) – a petition of at least 12% of the total number of registered voters, and every legislative district must be represented by at least 3% of the registered voters therein.

 No Amendment in this manner shall be authorized within 5 years following the ratification of the 1987 Const. nor more often than once every 5 years thereafter

 Constitutional provision on amendments via People’s Initiative not self-executory (Defensor-Santiago v. COMELEC, 270 SCRA 170 (1997)

 Two essential elements must be present:

i. The people must author and sign the entire proposal; no agent or representative can sign in their behalf;

ii. As an initiative upon a petition, the proposal must be embodied in the petition. (Lambino, supra.)

(2). Ratification– proposed amendment shall be submitted to the people and shall be deemed ratified by the majority of votes cast in a plebiscite, held not earlier than 60 days nor

later than 90 days after:

a. Congress of by the ConCon; or

b. Certification by the COMELEC of the sufficiency of the petition of the people Doctrine of Proper Submission

A plebiscite may be held on the same day as a regular election (Gonzales v. COMELEC, 21 SCRA 774). No “piecemeal submission” is allowed. (Lambino, supra.) The entire Constitution must be submitted for ratification at one plebiscite only. The people must have a proper “frame of reference (Tolentino v. COMELEC, 41 SCRA 702)

Justiciability

()Although the question of whether a Constitution was validly ratified is a justiciable question, the question of whether a Constitution has come into force and effect is a political question which is beyond the competence of the Court to decide. ((Javellana v. Executive Secretary. 50 SCRA 30, (1973)) )

D. SELF-EXECUTING AND

NON-SELF-EXECUTING PROVISIONS

General Presumption: Unless the contrary is clearly intended, all provisions of the Constitution should be considered self-executing. (Manila Prince Hotel v. GSIS et al. G.R. No. 122156, February 3, 1997)

Exceptions:

(1).

Statements of general principles such as those in Art II are usually not self-executing ((Id.))

(2).

Constitutional provisions of personal dignity, sanctity of family life, vital role o f the youth in nation-building, values of education, social justice and human rights, promotion of general welfare, promotion of total human liberation and development are merely guidelines for legislation ((Id.))

Exception to the Exception:The right to a balanced and healthful ecology (Oposa v. Factoran. G.R. No. 101083, July 10, 1993). The promotion and protection of health is self-executory. (Imbong v. Ochoa, G.R. No. 204819, April 8, 2014)

E. GENERAL PROVISIONS

Philippine Flag

() Shall be red, white and blue, with a sun and three stars. Design of the flag may be changed only by constitutional amendment. (Sec. 1, Article XVI)()

Name of Country, etc.

Name of the country, national anthem, and national seal() may be changed by Congress by law. Such law will only take effect upon ratification by the qualified electorate in a national referendum. (Sec. 2, Article XVI)

Armed Forces

a. Composition - The armed forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State (Sec. 4, Art. XVI).

b. Tour of duty of the Chief of Staff - The tour of duty of the Chief of Staff of the Armed Forces shall not exceed three years.

 Exception: In times of war or other national emergency declared by the Congress, the President may extend such tour of duty (Sec. 5(7), Art. XVI).

c. Partisan political activity - No member of the military shall engage directly or indirectly in any partisan political activity, except to vote (Sec. 5 (3), Art. XVI). d. Appointment to other positions - No member of the armed forces in active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government including government-owned or controlled corporation or in any of their subsidiaries (Sec. 5(4), Art. XVI). Police Force

One police force; National in scope; Civilian in Character Mass media and advertising industry

a. State policy on the ownership of mass media - The ownership and management of mass media shall be limited to citizens of the Philippines, or to

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corporations, cooperatives or associations, wholly owned and managed by such citizens.

 Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires.

 No combinations in restraint of trade or unfair competition therein shall be allowed (Sec. 11 (1), Art. XVI ).

b. State policy on the advertising industry - The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

 Only Filipino citizens or corporations or association at least 70% of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.

 The participation of foreign investors in the governing body or entities in such industry shall be limited to their proportionate share in the capital thereof

 All the executive and managing officers of such entities must be citizens of the Philippines (Sec. 11 (2), Art. XVI )

Preamble

The Preamble is not a source of power o r right for any department of government. It sets down the origin, scope, and purpose of the Constitution. It bears witness to the fact that the Constitution is the manifestation of the sovereign will of the Filipino people.

Social Contract Theory

The identification of the Filipino people as the author of the Constitution calls attention to an important principle -- that the document is not just the work of representatives of the people but of the people themselves, who put their mark approval by ratifying it in a plebiscite.

 Does not confer rights nor impose duties;

 Indicates authorship of the Constitution;

 Enumerates the primary aims and aspirations of the framers; and

 Serves as an aid in the construction of the Constitution.

GENERAL CONSIDERATIONS

A. NATIONAL TERRITORY

ART. 1 (SEC. 1) 1987 CONSTITUTION

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarines areas. The waters around, between and connecting the islands of the archipelago, regardless of

their breadth and dimensions, form part of the internal waters of the Philippines

The Archipelagic Doctrine

A body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit ((N.B. Embodied in Art. II specifically by the mention of “ Philippine Archipelago” plus the specification on internal waters))

Straight baseline method

Consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast, in order to delineate the internal waters from the territorial waters of an archipelago. ((Republic Act 9522; Amended R.A. No. 3046 entitled “An Act to Define the Baseliens of the Territorial Sea of the Philippines))

Components of Territory

(1). The Philippine archipelago with all the islands and waters embraced therein

 Internal waters - waters around, between, and connecting the islands of the archipelago, regardless of breadth and dimension;

(2). All other territories over which the Philippines has sovereignty or jurisdiction.

The Philippine Archipelago

The Philippine Archipelago is that body of water studded with islands which is delineated in the Treaty of Paris of December 10, 1988, as modified by the Treaty of Washington of November 17, 1900 and the Treaty with Great Britain of January 2, 1930.

Other territories over which the Philippines exercises jurisdiction

Includes any territory which presently belongs or mi ght in the future belong to the Philippine through any of the internationally accepted modes of acquiring territory.

 R.A. N0. 9522 specified that baselines of Kalayaan Group of Islands, and Bajo de Masinloc (Scarborough Shoal) shall be determined as “Regime of Islands” under the Republic of the Philippines, consistent with the UNCLOS.

 R.A. No. 9522 is not unconstitutional. It is a statutory tool to demarcate the maritime zone and continental shelf of the Philippines under UNCLOS III and does not alter the national territory.The law does not abandon the country’s claim to Sabah, as it does not expressly repeal the entirety of R.A. No. 5446 (Magallona v. Ermita, G.R. No. 187167, 16 July 2011)

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i.

Rules

GR:The State cannot be sued.

Exception: The State consents to be sued.

Exception to the Exception: The State/public officer may be sued without prior consent:

(1). To compel him to do an act required by law;

(2). To restrain him from enforcing an act claimed to be unconstitutional

(3). To compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fund already available for the purpose;

(4). To secure a judgment that the officer impleaded may satisfy himself without the State having to do a positive act to assist him;

(5). Where the government itself has violated its own laws (Sanders v. Veridiano, 245 Phil. 63 (1988))

Manner by which consent is given: (1). Express Consent

a. General law;

i. Money claims arising from contracts express or implied (Act. No. 3083: An Act Defining the Conditions under which the Government may be Sued.)

ii. Torts

(1). Liability of LGUs (Art. 2189 CC)

(2). Vicarious liability for special agents (Art. 2180(6), CC)

b. Special law (2). Implied Consent

a. When the State commences litigation, it becomes vulnerable to a counterclaim;

b. State enters into a business contract in the exercise of its proprietary power;

c. When it would be inequitable for the State to invoke immunity; and d. When the state exercises the power

of eminent domain ii. Basis

Constitutional Basis:Sec. 3, Art. XVI International Law Basis:

Par in parem non ha bet imperium. Jurisprudential Basis:

(1). Positivist Theory- (Royal Prerogative of Dishonesty)There can be no legal right as against the authority that makes the laws on which the right depends. (Department of Agriculture v. NLRC, G.R. No. 104269, 11 November 1993)

(2). Sociological Theory- If the State is amenable to suits, all its time would be spent defending itself from suits and this would prevent it from performing its functions (Republic v. Hon. Villasor, G. R. No. L-30671, November 28, 1973

When a suit is against the State:

A suit is against the state regardless of who is named the defendant if:

(1). It produces adverse consequences to the public treasury in terms of disbursement of public funds and loss of government property.

(2). It cannot prosper unless the State has given its consent

When a suit is not against the State: A suit is not against the state when:

(1). The purpose is to compel an officer charged with the duty of making payments pursuant to an appropriation made by law in favor of the plaintiff to make such payment, since the suit is intended to compel performance of a ministerial duty

(2). From the allegations in the complaint, it is clear that the respondent is a public officer sued in a private capacity;

(3). The action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular State immunity may be invoked where it is established that the U.S. military vessel at the time of the incident was performing a governmental function (Arigo v. Swift, 735 SCRA 102 (2014))

iii. Specific Rules

Suits against Government Agencies

(1). Incorporated (has a separate charter) - If the charter provides that the agency can sue, then the suit will lie. The provision in the charter constitutes express consent. (SSS v. Court of Appeals, 120 SCRA 707 (1983)

(2). Unincorporated (no separate personality) - Suit will lie, because when the state engages in principally proprietary functions, it descends to the level of a private i ndividual, and may, therefore, be vulnerable to suit (Civil Aeronautics Administration v. CA (1988) State may only be liable for proprietary acts ( jure gestonis ) and not for sovereign acts ( jure imperii )

Scope of Consent

Suability depends on the consent of the state to be sued, liability on the applicable law and the established facts. The circumstance that a state is suable does not necessarily mean that it is liable; on the other hand, it can never be held l iable if it does not first consent to be sued. Liability is not conceded by the mere fact that the state has allowed itself to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove, if it can, that the defendant is liable. (US v. Guinto (1990))

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C. GENERAL PRINCIPLES AND STATE

POLICIES

(1). Sec. 2, Article II Three parts:

(1) Renunciation of war - the power to wage a defensive war is of the very essence of sovereignty;

 limited to only renouncing an aggressive war because of its membership in the United Nations whose charter renounces war as an instrument of national policies of its member states.

(2) Adoption of the principles of international law;

 nothing more than a formal acceptance of a principle to which all civilized nations must conform.

(3) Adherence to a policy of peace, equality, justice, freedom, cooperation & amity.

 called the “selfish policy”—the guiding principle of Philippine foreign policy is the national interest. However, this is tempered with concern for “equality, peace, freedom and justice.

Generally accepted principles of international law

Norms of general or customary international law which are binding on all States.

The classical formulation in international law sees customary rules accepted as a binding result from the combination of:

(1) State Practice - The established, widespread, and consistent practice on the part of States; and

(2) Opinio Juris - A psychological element known as the opinion juris sive necessitates (opinion as to law or necessity) (Poe-Llamanzares v. COMELEC, G.R. No. 221697)

International law becomes part of the sphere of domestic law either by incorporation or transformation:

Doctrine of Incorporation

Generally accepted principles of international law are made part of the law of the land either by express provision of the Constitution or by means of judicial declaration or fiat.

 Applied whenever municipal tribunals or local courts are confronted with a conflict between a rule of international law and the provisions of the Constitution or statute of a State. (Pharmaceutical and Health Care Association of the Philippines v. Duque III, G.R. No. 173034 (2007))

 Efforts should first be exerted to harmonize them so as to give effect to both. In case of conflict, municipal law shall prevail.

 However, rules of international law are given equal standing with, and are not superior to, national legislative enactments.

 Generally accepted principles of international law via the incorporation clause of the Constitution form part of the laws of the land even if they do not derive from treaty obligations. Doctrine of Transformation

Requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation (Joaquin G. Bernas, S.J., Constitutional Structure and Powers of Government (Notes and Cases) Part I ( 2005))

(2).Civilian Supremacy Clause) – Sec. 3, Article II

Installation of the President as the highest civilian authority, as the commander-in-chief of the AFP— an external manifestation that civilian authority is supreme over the military. (Sec. 18, Art. VII, in relation to Sec. 3, Article II) Civilian authority is not defeated in a joint task force between the PNP and Marines for the enforcement of law and order in metro Manila as long as control is left to the PNP (IBP v. Zamora (2000))

(3) Sec. 4, Article II Posse Commitatus,defined

It is the power of the state to require all able-bodied citizens to perform civic duty to maintain peace and order.

The Supreme Court upheld the validity of the National Defense Act in Lagman on the basis of the compulsory military and civil service provision of the 1935 Constitution. It said that: “The duty of the Government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty to the Government excusable should there be no sufficient men who volunteer to enlist therein…the right of the Government to require compulsory military service is a consequence of its duty to defend the State and is reciprocal with its duty to de fend the life, liberty, and property of the citizen.” (People vs. Lagman, 66 Phil. 13,)

(4) Sec. 5, Article II Right to bear arms

It is a statutory and not a constitutional right. The license to carry a firearm is neither a property nor a property right. Neither does it create a vested right. Even if it were a property right, it cannot be considered absolute as to be placed beyond the reach of police power. The maintenance of peace and order, and the protection of the people against violence are constitutional duties of the State, and the right to bear firearm is to be construed in connection and in harmony with these constitutional duties.( Chavez vs. Romulo, G.R. No. 157036, June 9, 2004)

Recognition of Hierarchy of Rights a. Life

b. Liberty c. Property

(Philippine Blooming Mills Employees Organization v. Philippine Blooming Mills Co. Inc., 51 SCRA 189)

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The State should not use its money and coercive power to establish religion. It should not support a particular religion. The State is prohibited from interfering with purely ecclesiastical affairs. But it does not mean that there is total or absolute separation. The better rule is symbiotic relations between the church and State.

Allowing religion to flourish is not contrary to the principle of separation of Church and State. In fact, these two principles are in perfect harmony with each other. x x To successfully invoke compelling state interest, it must be demonstrated that the masses in the QC Hall of Justice unduly disrupt the delivery of public services or affect t he judges and employees in the performance of their official functions. (Re: Letter of Tony Q. Valenciano, Holding of Religious Rituals at the Hall of Justice Building in Quezon City, A.M. No. 10-4-19-SC, March 7, 2017)

(6) Independent Foreign Policy – Sec. 7, Article II (7) Policy of Freedom from Nuclear Weapons – Sec. 8,

Article II

The ban is on nuclear arms - that is, the use and stockpiling of nuclear weapons, devices, and parts thereof. Includes:

 possessing, controlling and manufacturing nuclear weapons,

 nuclear test in our territory,

 use of our territory as dumping ground for radioactive waste.

However: provision not a ban on the peaceful uses of nuclear energy. Nor is it a ban on all “nuclear-capable vessels.” For a vessel to be banned, it is not enough that it is capable of carrying nuclear arms; it must actually carry nuclear arms. (The 1987 Constitution of the Republic of the Philippines: A Commentary (2009), Bernas)

(8) Just and Dynamic Social Order – Sec. 9, Article II (9) Social Justice – Sec. 10, Article II

Social Justice

Equalization of economic, political and social opportunities with special emphasis on duty of the state to tilt balance of social forces by favoring the disadvantaged.

(10) Personal Dignity and Human Rights – Sec. 11, Article II

(11) The Family as Basic Social Institution – Sec. 12, Article II

The declaration of family autonomy acce pts that the family is anterior to the State and is not a creature of the State. It protects the family from instrumentalization by the State. When necessary to save the life of the mother, the life of the unborn may be sacrificed; but not when the purpose is merely to save the mother from emotion suffering, for which other remedies must be sought, or to spare the child rom a life of poverty, which can be attended to by welfare institutions.

(12) Vital Role of the Youth in Nation Building – Sec. 13, Article II

(13) Equality of Women and Men – Sec. 14, Article II , The policy of not accepting or considering as disqualified from work any woman worker who contracts marriage, runs afoul of the test of, and the right against, discrimination, which is guaranteed all women workers under the Constitution. While a requirement that a woman employee must remain unmarried may be justified as a “bona fide occupational qualification” where the particular requirements of the job would demand the same, discrimination against married women cannot be adopted by the employer as a general principle. ( PT&T Co. vs. NLRC, G.R. No. 118978, May 23, 1997)

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. (Garcia v. Drilon, 699 SCRA 352 (2013), )

(14) Right to Health – Sec. 15, Article II

(15) Right to a Balanced and Healthful Ecology – Sec. 16, Article II

The minors who filed an action for themselves as representing “their generation as well as generations yet unborn,” had a valid cause of action in questioning the grant of Timber Licensing Agreements (TLAs) for commercial logging purposes on the ground of the right to a balanced and healthful ecology and the correlative duty to refrain from impairing the environment. This is based on the concept of intergenerational responsibility.

Such a right considers the “rhythm and harmony of nature” which indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, offshore areas and other natural resources to the end that their exploration, development, and utilization be equitably accessible to the present as well as the future generations. ( Oposa vs. Factoran, Jr., 224 SCRA 792).

Sections 15 and 16, however, impose on the state a positive duty to "promote and protect" the right to health and to "promote and advance" the right of "the people to a balanced and healthful ecology." With respect to health and ecology,

(17)

therefore, the state is constitutionally mandated to provide affirmative protection. The mandate is in the nature of an active duty rather than a passive prohibition. (I nternational Service for the Acquisition of Agri-Biotech Applications, Inc. v. Greenpeace Philippines etc. al., G.R. Nos. 209271 etc., December 8, 2015,)

Precautionary Principle

When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case before it.

For purposes of evidence, the precautionary principle should be treated as a principle of last resort, where application of the regular Rules of Evidence would cause in an inequitable result for the environmental plaintiff:

a. settings in which the risks of harm are uncertain; b. settings in which harm might be irreversible and

what is lost is irreplaceable; and

c. settings in which the harm t hat might result would be serious.

 When features of uncertainty, possibility of irreversible harm, and possibility of serious harm coincide, the case for the precautionary principle is strongest. When in doubt, cases must be resolved in favor of the constitutional right to a balanced and healthful ecology. Parenthetically, judicial adjudication is one of the strongest fora in which the precautionary principle may find applicability (International Service for the Acquisition of Agri-biotech Applications, INC., v. Greenpeace Philippines et al., G.R. No 209271 (2015))

 The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt.

(16) Sec. 17, Article II

While the SC has upheld the constitutional right of every citizen to select a profession or course of study subject to fair, reasonable, and equitable admission and academic requirements, the exercise of this right may be re gulated pursuant to the police power of the State to safeguard health, morals, peace, education, order, safety and general welfare. Thus, persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers. This regulation assumes particular pertinence in the field of medicine, in order to protect the public from the potentially deadly effects of incompetence and ignorance. ( PRC vs. De Guzman, G.R. No. 144681, June 21, 2004 )

the SC held that the Magna Carta for Disabled Persons mandates that qualified disabled persons be granted the same terms and conditions of employment as qualified able- bodied employees; thus, once they have attained the status of regular workers, they should be accorded all the benefits granted by law, notwithstanding writer o r verbal contracts to the contrary. This treatment is rooted not merely in charity or accommodation, but in justice for all. ( Bernardo vs. NLRC, G.R. No. 122917, July 12, 1999,)

, Where the issue is on the signing of the Philippines on the WTO agreement, SC held that the Constitution does not necessarily rule out the entry of foreign investments, goods and services. It contemplates neither “economic seclusion” nor “mendicancy in the international community”. (Tanada vs. Angara, 272 SCRA 18)

 Aside from envisioning a trade policy based on “equality and reciprocity”, the fundamental law encourages industries that are “competitive in both domestic and foreign markets,” thereby demonstrating a clear policy against a sheltered domestic trade environment, but one in favor of the gradual development of robust industries that can compete with the best in the foreign markets.

Even as we recognize that the Constitution guarantees autonomy to LGUs, the exercise of local autonomy remains subject to the power of control by Congress and the power of general supervision by the President. xxx The President can only interfere in the affairs and activities of a LGU if he finds that the latter had acted contrary to law, but not when the concerned LGU acts within the parameters of the law and the Constitution. Any directive, therefore, by the President or any of his alter egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a LGU is a patent nullity, because it violates the principle of local autonomy, as well as the doctrine of separation of powers of the executive and legislative departments in governing municipal corporations. ( Judge Dadole vs. COA, G.R. No. 125350, December 3, 2002,)

The SC said that this provision does not bestow a right to seek the Presidency; it does not contain a judicially enforceable constitutional right and merely specifies a guideline for legislative action. The provision is not intended to compel the State to enact positive measures that would accommodate as many as possible into public