POLITICAL LAW

Pre-Week Reviewer
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POLITICAL LAW MEM AID
General Principles (Preliminary Provisions and Basic Concepts)

 State Immunity
(PBSI) p. 8
1. When the State enters into a Private contract, unless the contract is only
incidental to the performance of a government function. This concept of
restrictive theory holds that the immunity of the sovereign is recognized only with
regard to public acts or acts jure imperii, but not with regard to private acts or
acts jure gestionis (Republic of Indonesia v. Vinzon, G.R. No. 154705, June 26,
2003);
2. When the State enters into an operation that is essentially a Business operation,
unless the business operation is only incidental to the performance of a
government function, as for instance, arrastre service (Mobil Philippines v.
Customs Arrastre Service, G.R. No. L-23139, December 17, 1966);
3. When the State Sues a private party, unless the suit is entered into only to resist
a claim (Lim v. Brownell, G.R. No. L-8587, March 24, 1960); and
4. When the application of the doctrine of state immunity would serve as an
instrument for perpetrating an Injustice to as citizen, as when the State enters
and takes possession of a private property without just compensation and without
first initiating regular expropriation proceedings (Department of Transportation
and Communications v. Spouses Abecina, supra).

Legislative Department
 Principle of Non-Delegability
(PETAL) p. 11
1. Delegations to the People at large, examples are:
a. System of initiative and referendum (CONST., Art. VI, Sec.32 and The
Initiative and Referendum Act (R.A. 6735)); and
b. Requirement of plebiscite in the creation, division, merger, and abolition of
LGUs (CONST., Art. X, Sec. 10));
2. Emergency Powers of the President (CONST., Art. VI Sec. 23(2));
3. Tariff Powers of the President (CONST., Art. 6 Sec. 28(2));
4. Delegation to Administrative Bodies (power of subordinate legislation); and
5. Delegation to Local Government Units (CRUZ, Philippine Political Law, supra at
172).

 Senate
(N35-RAW-VR2) p. 11
1. Natural-born citizen of the Philippines;
2. At least 35 years of age on the day of the election;
3. Able to Read And Write;
4. Registered Voter; and
5. Resident of the Philippines for not less than 2 years immediately preceding the
day of the election (CONST., Art.VI, Sec. 3).

 House of Representatives
(N25-RAW-VR1) p. 12
1. Natural-born citizen of the Philippines;
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2. At least 25 years of age on the day of the election;
3. Able to Read And Write;
4. Except the party-list representatives, a registered Voter in the district in which he
shall be elected; and
5. A Resident of the district in which he seeks to be elected for a period of not less
than one (1) year immediately preceding the day of the election (CONST., Art.
VI, Sec. 6).

 Party-list
(N25-RAW-VR1-M) p. 14
1. Natural-born citizen;
2. At least 25 years of age on the day of the election;
Note: In case of youth sector, he must at least be 25 but not more than 30 years old
on the days of the election.  
3. Able to Read And Write;
4. A registered Voter;
5. A Resident of the Philippines for a period of not less than one (1) year immediately
preceding the day of the election, and
6. A bona fide Member of the party or organization in which he seeks to represent for
at least 90 days preceding the day of the election (R.A. No. 7941, Sec. 9).

 Commission on Appointments
(HAAC) p. 26
1. Heads of the executive departments (CONST., Art. VII, Sec. 16);
2. Ambassadors and other public ministers and consuls (CONST., Art. VII, Sec.
16);
3. Officers of the AFP from the rank of colonel or naval captain;
4. Officers whose appointments are vested in him by the Constitution:
a. Regular member of the Judicial and Bar council (CONST., Art. VIII, Sec. 8,
par. (2));
b. Chairmen and members of the Constitutional Commissions (CONST., Art.
IX-B, Sec. 1, par. (2)); and
c. Sectoral representatives during the three-consecutive terms after the
ratification of the Constitution (CONST., Art. VI, Sec 5(2); CONST., Art.
XVIII, Sec. 7; Quintos-Deles v. Commission on Appointments, G.R. No.
83216, September 4, 1989).

Executive Department
 Qualifications of President and Vice-President
(N40-RAW-R10) p. 29
1. Natural-born citizen of the Philippines;
2. At least 40 years of age on the day of the election;
3. Able to Read And Write;
4. A Resident of the Philippines for a period of not less than ten (10) years
immediately preceding the day of the election (CONST., Art. VII, Sec. 2).

 Inhibitions Disqualifications of President and Vice-President

(SEOP-CS) p. 30
1. Shall have no increase in Salaries during their tenure (CONST., Art. VII, Sec. 6);

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2. Shall not receive any other Emoluments from the government or any other
source (CONST., Art. VII, Sec. 6);
3. Shall not hold any other Office or employment, unless otherwise provided in the
Constitution (CONST., Art. VII, Sec. 13);
4. Shall not, directly or indirectly, Practice any other profession, participate in any
business or be financially interested in any contract with, or in any franchise or
special privilege granted by the government or any subdivision, agency, or
instrumentality thereof, including GOCCs or their subsidiaries (CONST., Art. VII,
Sec. 13);
5. Strictly avoid Conflict of interest in the conduct of their office (CONST., Art. VII,
Sec. 13); and
6. May not appoint Spouse or relatives by consanguinity or affinity within the 4th civil
degree as Member of Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, undersecretaries, chairmen or heads of bureaus
or offices, including GOCCs and their subsidiaries (CONST., Art. VII, Sec. 13).

Judicial Department
 Requisites of Judicial Review
(ASEL) p. 43
1. There must be an Actual case or controversy calling for the exercise of judicial
power;
2. The person challenging the act must have the Standing to question the validity of
the subject act or issuance; otherwise stated, he must have a personal and
substantial interest in the case such that he has sustained, or will sustain, direct
injury as a result of its enforcement;
3. The question of constitutionality must be raised at the Earliest opportunity; and
4. The issue of constitutionality must be the very Lis mota of the case (Biraogo v.
Philippine Truth Commission, G.R. No. 192935, December 7, 2010)

 Courts will decide cases, otherwise moot and academic, if:

(GEC-R) p. 44
1. There is a Grave violation of the Constitution;
2. There is an Exceptional character of the situation and the paramount public
interest is involved;
3. The constitutional issue raised requires formation of Controlling principles to
guide the bench, the bar, and the public; or
4. The case is capable of Repetition yet evading review (Navarro v. Executice
Secretary Ermita, G.R. No. 180050, April 12, 2011).

 Composition of the Judicial and Bar Council (JBC)

p. 45
1. Chief Justice as ex officio Chairman;
2. Secretary of Justice as ex officio member;
3. Representative of the Congress as ex officio member;
4. Representative of the Integrated Bar;
5. Professor of law;
6. Retired Member of the Supreme Court; and
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7. Representative of the private sector (CONST., Art. VIII, Sec. 8, par. (1)).
Note: In Chavez v. Judicial and Bar Council (G.R. No. 20224, April 16, 2013), the SC
ruled that only one (1) member from the bicameral Congress may sit in the JBC. The
member ex officio may come either from the Senate of the HoR, but not both. The Court
based its rule on the “unmistakable tenor of Article VIII, Section 8(1)” to treat each ex
officio as representing only one co-equal branch of government. According to Fr.
Bernas, the real reason was that this provision was formulated for a unicameral
Congress. In practice, the two houses now work out a way of sharing representation
(BERNAS, Philippine Constitution reviewer, supra at 355).

 Qualifications of Members of the Judiciary

(N-40-15-CIPI) p. 46
1. Natural-born citizen;
2. At least 40 years old;
3. 15 years or more as a judge of a lower court or has been engaged in the practice
of law in the Philippines for the same period; and
4. A person of proven Competence, Integrity, Probity, and Independence (CONST.,
Art. VIII, Sec. 7).

 Qualifications for RTC Judges

(C-35-10-CIPI) p. 46
1. Citizen of the Philippines;
2. At least 35 years old;
3. Has been engaged for at least 10 years in the practice of law in the Philippines or
has held public office in the Philippines requiring admission to the practice of law
as an indispensable requisite (B.P. 129, Sec. 15); and
4. A person of proven Competence, Integrity, Probity, and Independence (CONST.,
Art. VIII, Sec. 7, par. (3)).

 Qualifications for Metropolitan, Municipal, and Municipal Circuit Trial Court Judges
(C-30-5-CIPI) p. 46
1. Citizen of the Philippines;
2. At least 30 years old;
3. Has been engaged for at least 5 years in the practice of law in the Philippines or
has held public office in the Philippines requiring admission to the practice of law
as an indispensable requisite (B.P. 129, Sec. 26); and
4. A person of proven Competence, Integrity, Probity, and Independence (CONST.,
Art. VIII, Sec. 7, par. (3)).

Constitutional Commissions
 Prohibitions and inhibitions imposed upon members of a Constitutional Commission
p. 49
1. Hold any other office or employment;
2. Engage in the practice of any profession;

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3. Engage in the active management or control of any business, which in any way,
may be affected by the functions of his office;
4. Be financially interested, directly or indirectly, 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 (CONST.,
Art. IX-A, Sec. 2)

 Composition and Qualifications of Members of the Civil Service Commission

(N35-CaCa) p. 51
1. Natural-born citizens of the Philippines;
2. At least thirty-five (35) years of age, at the time of their appointment;
3. With proven Capacity for public administration; and
4. Must not have been Candidate for any elective position in the elections
immediately preceding their appointment (CONST., Art. IX-B, Sec. 1)

 Composition of COMELEC and Qualifications of its Members

(N35-CoCa) p. 52
1. Natural-born citizens of the Philippines;
2. At least thirty-five (35) years of age, at the time of their appointment;
3. Holders of a College degree; and
4. Must not have been Candidate for any elective position in the immediately
preceding elections.
Note: A majority of the COMELEC, including the Chairman, shall be Members of the
Philippine Bar who have been engaged in the practice of law for at least ten (10) years
(CONST., Art. IX-C, Sec. 1).

 Composition of COA and Qualifications of its Members

(N35-CPA-B10-C) p. 52
1. Natural-born citizens of the Philippines;
2. At least thirty-five (35) years of age, at the time of their appointment;
3. Certified Public Accountants with not less than ten years of auditing experience,
or members of the Philippine Bar who have been engaged in the practice of law
for at least 10 years; and
4. Must not have been Candidate for any elective position in the elections
immediately preceding their appointment.
Note: At no time shall all Members of the Commission belong to the same profession
(CONST., Art. IX-D, Sec. 1).

 Prohibited Offices and Interests

(OPAF) p. 53
1. Hold any Other office or employment;
2. Engage in the practice of any Profession;
3. Engage in the Active management and control of any business which in any way
may be affected by the functions of his office; and
4. Be Financially interested, directly or indirectly, in any contract, with, or in any
franchise or privilege granted by the Government, any of its subdivisions,
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agencies, or instrumentalities, including GOCCs or their subsidiaries (CONST.,
Art. IX-A, Sec. 2)

Bill of Rights
1) The requisites for the valid exercise of the power of eminent domain (p.55)
NTP2-JD
1. Public Necessity
2. Taking of property
3. Private Property
4. Public Use
5. Just Compensation
6. Due Process
2) Requisites for the valid exercise of the power of Taxation (p.55)
SPINE
1. Situs
2. Public Purpose
3. International Comity
4. Non-delegability
5. Exemption
3) Requirements of procedural due process in judicial proceeding (p.57)
ICJHJ
1. Impartial and Competent Court
2. Jurisdiction lawfully acquired
3. Opportunity to be heard
4. Proper Judgement rendered upon lawful hearing
4) Requirements of procedural due process in Administrative proceeding (p.58)
RESS-BAK
1. Right to a hearing
2. Tribunal must consider Evidence presented
3. Evidence must be substantial
4. Decision must be Supported by law and fact
5. Decision must be Based on evidence adduced at the hearing or at least
contained in the records and disclosed to parties
6. Board or Judge must Act on its or his own independent consideration of facts
and law of the case, and not simply accept the view of the subordinate in
arriving at a decision
7. Decision must be rendered in such a manner that parties to a controversy
can Know various issues involved and the reason for the decision rendered
5) Minimum requirement of procedure of due process in schools disciplinary proceeding
(p.58)
IAIEI
1. The Students must be informed in writing of the nature and cause of any
accusation against them
2. That they shall have the right to Answer the charges against them with the
assistance of counsel, if desired
3. They shall be Informed of the evidence against them
4. They shall have the right to adduce Evidence in their own behalf
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5. The evidence must be duly considered by the investigating committee or the
official designated by the school authorities to hear and decide the case

6) Distinguish Substantive and procedural due process (p.58)

7) Void for Vagueness Doctrine (p.59)

8) Over breadth doctrine (p.59)

By its nature, the overbreadth doctrine has to necessarily apply to a facial type of
invalidation in order to plot areas of protected speech, inevitably almost always under
situations not before the court, that are impermissibly swept by the substantially
overbroad regulation.

The overbreadth doctrine is a ground to declare a statute void when it offends that
constitutional principle that a governmental purpose to control or prevent activities
constitutionally subject to the state regulations may not be achieved by means which
sweep unnecessarily broadly and thereby invade the area of protected freedoms
( Adiong V. Comelec)

Chilling effect- deterrent effect of the overbroad statute on third parties not
courageous enough to bring suit. The court assumes that an overbroad law’s very
existence may cause others not before the court to refrain from constitutionally
protected speech or expression.

9) Hierarchy of rights (p.60)

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“the primacy of human rights over property rights in recognized because these
freedoms are delicate and vulnerable, as well as supremely precious in our society
and the threat of sanctions may deter their exercise almost as potently as the actual
application of sanctions. Further, human rights are imprescriptible (Philippine
Blooming Mills Employees Organization v. PBMCI.)

10) Requisites for valid classification

SAGE
1. Such classification rests upon Substantial distinction
2. It Applies equally to all members of the same class
3. It is Germane to the purpose of the law
4. It is not limited to Existing conditions only

11) Three test of judicial scrutiny to determine the reasonableness of classification (*)

Rights Test Means Purpose

Property / socio- Rational basis Rationally related Legitimate state
economic interest
Life, Liberty, Intermediate Substantially Important state
Travel, abode, scrutiny related interest
information
Fundamental Strict scrutiny Necessarily related Compelling state
rights:  Least interest
Religion restrictive
Speech means to
Privacy protect such
interest
Inherently suspect
class

Rational basis test

The challenged classification needs only to be shown that to be rationally related
to the legitimate state interest

Intermediate scrutiny
The government must show that the challenged classification serves an
important state interest and is at least substantially related to serving that interest

Strict Scrutiny
Legislative classification which impermissibly interferes with the exercise of
fundamental rights or operates to the disadvantage of a suspect class is presumed
unconstitutional and the burden is upon the government to prove that the
classification is necessary to achieve a compelling state interest and that it is the
least restrictive means to protect such an interest

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(*Ate Wenj, Hope this helps! Ito yung notes naming kay Atty. Bong, nilagay ko nalang din 😊)

12) Items that may be subject to lawful search and seizure (p.61)
 Property subject of the offense
 Property stolen or embezzled and other proceeds or fruits of the offense
 Property used or intended to be used as the means of committing an offense

13) Requisites of a valid warrant (p.61)

PJ-EO-KD
1. A Determination of Probable cause
2. The determination of probable cause was made personally by a Judge
3. The determination by judge was based on an Examination under Oath or
affirmation of the complainant and the witnesses he may produce
4. The complainant and/or witness testifies to facts within their personal
Knowledge
5. The warrant issued must particularly Describe the place to be searched of the
persons or things to be seized

14) Requisites for the personal determination of probable cause by the judge in the
issuance of search warrant (p.62)
SOKWA
1. The Judge must, before issuing the warrant, personally examine the
complainant and the witnesses in the form of Searching questions and
answers
2. The examination must be under Oath
3. The examination must be in Writing
4. The complainant and the witnesses must be examined on facts personally
Known to them
5. The judge must Attach to the record the sworn statements of the complainant
and witnesses together with any affidavit submitted

15) Scatter-Shot warrant (p.63)

Which is issued for more than one specific offense, is void, because it violates
the constitutional requirement that there must be particularity of the things to be
seized and persons and places to be searched

16) General warrant (p.63)

Which is a search or arrest warrant that is not particular as the person to be
arrested or the property to be seized, is void. It is one that allows the seizure of
one thing under a warrant describing another and gives the officer executing the
warrant the discretion over which items to take.

17) Instances OF VALID WARRANTLESS SEARCHES (p.63)

CIM-CAB-SCAPE
1. Consented warrantless search
2. Incident to a lawful arrest
3. Searches of Moving vehicles
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4. Customs search
5. Body checks in Airports
6. Inspection of Buildings and other premises for the enforcement of fire, sanitary,
and building regulations
7. When there is a genuine reason for Stop-And-Frisk
8. Visual search at Checkpoints
9. Conduct of Aerial target zoning and saturation drive
10. Plain view
11. Doctrine of Exigent circumstances

18) Elements of a valid warrantless search of articles in plain view (p.64)

JIA
1. The executing law enforcement officer has a prior Justification for an initial
intrusion or otherwise properly in a position from which he can view a
particular order
2. The officer must discover incriminating evidence Inadvertently without
conducting a search
3. It must be immediately Apparent to the police that the items they observe
may be evidence of a crime, contraband, or otherwise subject to seizure

19) Requisites of a valid checkpoint (p.64)

PLV
1. It must be warranted by the exigencies of a Public order
2. It must be conducted in a way least Intrusive to motorists
3. The inspection of the vehicle is limited to Visual search

20) Instances of VALID WARRANTLESS ARRESTS (p.64)

ICH-BED-DE
1. In flagrante Delicto
2. Continuing offense
3. Hot pursuit
4. Bondsmen may arrest accused, or upon written authority endorsed on a
certified copy of undertaking, cause him to be arrested by a police officer or
any other person of suitable age and discretion
5. Lawfully arrested Escapes or is rescued any person may immediately pursue
or retake him without warrant at any time and in any place within the
Philippines
6. A person to be arrested has escaped detention facility
7. Accused on bail attempts to depart from the Philippines without permission of
the court where the case is pending
8. Doctrine of Exigent Circumstances

21) Evidence obtained through purely mechanical acts (p.64)

Mechanical acts
Acts where the accused was made to undergo which was not meant to
unearth undisclosed facts but to ascertain physical attributes determinable by
simple observation. This includes requiring the accused to submit to a test to
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extract virus from his body, or compelling him to expectorate morphine from his
mouth, or making her submit a pregnancy test, or a footprint test, or requiring him
to take part in a police line-up (people v. Olvis)

The constitutional right of an accused against self-incrimination

proscribes the use of physical or moral compulsion to extort communications
from the accused and not the inclusion of his body in evidence when it may be
material. Purely mechanical acts are not included in the prohibition as the
accused does not thereby speak his guilt. (Dela Cruz v. people)

22) Different categories of privacy (p.66)

1) Decisional privacy
2) Informational privacy
a. Right not to have private information disclosed
b. Right to live freely from surveillance

23) Test in determining whether or not a matter is entitled to the right to privacy (p.67)
1) Subjective test – legitimate expectation of privacy
2) Objective test – expectation of privacy must be one society is prepared to accept
as objectively reasonable

24) Elements of freedom of speech/ expression (p. 69)

a. Freedom from previous restraint
b. Freedom from subsequent punishment

25) Expression/ speech subject to prior restraint (p.69)

MPFAD
1. Movies, television, and also radio censorship in view of its access to
numerous people, including the young who must be insulated from the
prejudicial effects of unprotected speech
2. Pornography
3. False or misleading commercial statements
4. Advocacy of imminent lawless action
5. Danger to national security
26) Clear and present danger test (p.70)
Congress may prevent speech only when the words used are used in such
circumstances and are of such nature as to create a clear and present danger
that they will bring about the substantive evils ( Roque Jr. V. AFP)
27) Intermediate Appproach (O’brien Test) (p.70)
1) It is within the constitutional power of the government
2) It furthers an important or substantial government interest
3) The government interest is unrelated to the suppression of free expression
4) The incident restriction on alleged freedom of speech and expression is no
greater than is essential to the furtherance of that interest
(SWS v. COMELEC)

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28) Facial Challenge (p.70)

Facial challenge principle is a challenge against the constitutionality of a statute
that is filed where the petitioner claims no actual violation of his own rights under
that assailed statute, but relies instead on the potential violation of his or other
persons’ rights (Sps Romualdez V. COMELEC)

29) Balancing of interest test (p.71)

Used as a standard when the court needs to balance conflicting social values
and individual interest, and requires a conscious and detailed consideration of
the interplay of interest observable in a given type of situation. When a particular
conduct is to determine which of these two conflicting interests demand the
greater protection under the circumstances presented.

30) Elements of libel (p.72)

IPIM
1. Imputation of a discernible act or a condition to another
2. Publication of the imputation
3. Identity of the person defamed
4. Existence of Malice
31) Views in the concept of freedom of religion (p.73)
1) Strict separationist
This approach erects an absolute barrier to formal interdependence of religion
and state. Nor could the state adjust its secular programs to alleviate burdens the
programs placed on believers
2) Strict Neutrality
Not hostile to religion, but its is strict in holding that religion may not be used as a
basis for classification for purposes of governmental action, whether the action
confers rights or privileges or imposes duties or obligations. Only secular criteria
may be the basis of government action. It does not permit, much less require,
accommodation of secular programs to religious belief.

3) Benevolent Neutrality
Believed that with respect to these governmental actions, accommodation of
religion may be allowed m not to promote the government’s favored form of
religion, but to allow individuals and groups to exercise their religion without
hindrance. This is what we apply in our jurisdiction, as the intent of the framers
was to adopt a benevolent neutrality approach interpreting the religious clauses
in Philippine constitutions and the enforcement of this intent in the goal of
construing the constitution.
32) Two aspects of the free exercise clause (p.74)
1. Freedom to believe
2. Freedom to act on one’s belief

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33) Conscientous objector test (p.75)

Once the medical practitioner, against his will, refers a patient seeking information on a
modern reproductive health product, service, procedure and method, his conscience is
immediately burdened as he has been compelled to perform an act against his belief.
34) Lemon test (p.75)
1. The statue has a secular legislative purpose
2. The principal or primary effect is one that neither advances nor inhibits religion
3. Does not foster an excessive government entanglement with religion
35) activities covered by the right to travel (p. 76)
1. Right to travel abroad (from the Philippines to other countries)
2. Right to travel within the Philippines
36) requisites for the successful invocation of the right to public information (p.77)
1. The information sought must be a matter of public interest and concern
2. The information sought must not be among those excluded by law
37) The right to information is not absolute, and subject to the following exceptions:
(P.77)
NTCO
a. National security matters and intelligence information
b. Trade secret s and banking transactions
c. Criminal matters
d. Other confidential information which include diplomatic correspondence closed
door cabinet meetings and executive sessions of weather Houses of Congress,
and the internal deliberations of the supreme court
38) Requisites for LGU to exercise the power of Eminent Domain (p.80)
CPJ-ONDT
1. LGU Through its Chief executive and acting pursuant to an ordinance
2. Public Use
3. Just compensation
4. Valid and definite Offer
5. Such offer was Not Accepted
6. Deposit with the proper court of at least 15% of the fair market value of the
property
7. Fair market value at the Time of taking

39) Rights of a person under Custodial Investigation (p.82)

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I2SC2-TDCR-EWV
1. Right to be Informed of the right to remain silent and right to independent and
competent counsel
2. Right to be Informed that if he waives his right to be silent and right to
independent and competent counsel
3. Right to remain Silent
4. Right to have competent and independent Counsel, preferably of his own choice
5. Right to be provided with Counsel, if he cannot afford the service of one
6. No Torture, force, violence, threat. Intimidation or any other means which vitiate
the free will shall be used against him
7. Secret Detention places, solitary, incommunicado, or other similar forms of
detention are prohibited
8. Confessions or admissions obtained in violation of these rights are inadmissible
as evidence
9. The custodial investigation Report shall be reduced to writing by the investigating
officer and read and adequately explained to him by his counsel or by the
assisting counsel provided by the investigating officer in the language or dialect
known to such arrested to detained person, before such report is signed or
thumb marked, otherwise such investigation report shall be null and void.
10. Any Extrajudicial confession made by a person arrested detained or under
custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latters absence, upon valid waiver and in the
presence of any of the:
 parents
 elder brother or sister
 his spouse
 the municipal mayor
 municipal judge
 district school supervisor
 priest or minister of the gospel
chosen by him ; otherwise such extrajudicial confession shall be inadmissible as
evidence in any proceeding
11. Any Waiver by a person arrested or detained under the provision of Article
125 of the RPC , or under custodial investigation shall be in writing and
signed by such person in the presence of his counsel, otherwise the waiver shall
be null and void
12. Any person arrested or detained or under custodial investigation shall be
allowed Visits by or conferences with any member of his immediate family, or any
medical doctor, priest or religious minister chosen by him or any member of his
immediate family or by his counsel, or by any international non-governmental
organization duly accredited by the Office of the President

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40) Rights of the accused (p.84)

1. The right to due process
2. The right to presumption of innocence
3. The right to be heard
4. The right to assistance of counsel
5. The right to be informed
6. The right to speedy, impartial, and public trial
7. The right of confrontation
8. The right to compulsory process
9. The right against trial in absentia
10. The right to bail

41) Right of the accused to be informed of the nature and cause of the accusation
against him (p. 84)
First, to furnish the accused with the description of the charge against him as will
enable him to make his defense
Second, to avail himself of his conviction or acquittal, for protection against a
further prosecution for the same cause
Third, to inform the court of the facts alleged, so that it may decide whether they
are sufficient in law to support a conviction, if one should be had.
42) The information must state (p.84)
1. The name of the accused
2. Designation given to the offense by the statute
3. The statement of the acts or omissions so complained of as constituting the
offense
4. The name of the offended party
5. The approximate time and date of the commission of the offense
6. The place where offense has been committed
43) Different kinds of bail (p.86)
1. Bail as a matter of right
a. all criminal cases within the competence of the MeTC, MTC, MCTC
because these courts have no jurisdiction to try capital offenses, or
offenses punishable with reclusion perpetua or life imprisonment
b. prior to conviction by the RTC for any offense not punishable by death,
Reclusion Perpetua, or life imprisonment, or even prior conviction for an
offense punishable by death, Reclusion Perpetua, or life imprisonment
when evidence of guilt is not strong

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2. Bail as a matter of discretion

a. Upon conviction by the RTC of an offense not punishable by death, Reclusion

Perpetua, or life imprisonment
b. If the RTC has imposed a penalty of imprisonment exceeding six years, provided
none of the circumstances enumerated under paragraph 3 section 5 rule 114 is
present
1. He is a recidivist, quasi-recidivist, habitual delinquent or has committed
the crime aggravated by the circumstance of reiteration
2. That he has previously escape from legal confinement, evaded
sentence, or violated the conditions of his bail without valid justification
3. That he committed the offense while under probation, parole, or
conditional pardon
4. That the circumstances of his case indicate the probability of flight if
released on bail
5. That there is undue risk that he may commit another crime during the
pendency of the appeal
44) Requisites for double jeopardy (p.88)
V-CPA
1. Valid complaint or information
2. Filed before a Competent court
3. To which defendant has Pleaded
4. Defendant was previously Acquitted or convicted or the case is dismissed
or otherwise terminated without his express consent
45) Involuntary Servitude (p.89)
The general rule is that no involuntary servitude shall exist. Except:
PAND-COW
1. Posse comitatus
2. Appellate courts may compel a former court stenographer to transcribe
stenographic notes
3. Naval enlistment
4. Service in Defense of the state
5. As punishment for a Crime whereof one has been duly convicted
6. Obligation of children to obey their parents for as long they are under their
parental authority
7. Return to Work order in industries affected with public interest
46) Kinds of Ex post facto laws (p.90)
CB-PRRP

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1. Laws which make an act Criminal which was not so before its passage
2. Laws which aggravate the penalty for a crime committed Before its passage
3. Law which inflict a greater or more severe Penalty for the same offense
4. Laws which alter the legal Rules of evidence and allowing the receipt of less or
different testimony than what the law required at the time of commission, in order
to convict accused
5. Laws which assume to regulate civil Rights and remedies only, but in effect
impose a penalty of deprivation of right for something which when done was
lawful
6. Laws which deprive the accused of some lawful Protection to which he had been
entitled, such as protection of a former conviction or acquittal, or a proclamation
of amnesty
47) scope of the writ of habeas corpus (p.91)
1. Illegal confinement or detention by which any person is deprived of his liberty
2. When rightful custody of any person is withheld from the person entitled thereto
48) grounds for issuance of writ of habeas corpus (p.91)
1. Deprivation of constitutional rights resulting ina restraint of a person
2. The court has no jurisdiction to impose the sentence
3. An excessive penalty has been imposed, in which case the
sentence is void as to such excess
49) Who are Filipino citizens (p.93)
CiFaBoN
1. Citizens of the Philippines at the time of the adoption of this constitution
2. Those whose Fathers or mothers are filipino citizens
3. Those Born before January 17, 1973 or filipino mothers who elect Philippine
citizenship upon reaching the age of majority
4. Those who are Naturalized
50) what are the causes for the loss of Philippine citizenship (p.93)
CON-FAR
1. Cancellation of certificate of naturalization
2. Subscribing to an Oath of allegiance to the constitution or laws of a foreign
country upon attaining 21 years of age except that a Filipino may not divest
himself of Philippine citizenship in any manner while the Republic of the
Philippines is at war with any country
3. Naturalization in a foreign country
4. Having been declared by Final judgement
5. Rendering service to or accepting commission in the Armed forces of a foreign
country
6. Express Renunciation of citizenship
51) Are dual citizens automatically eligible to run for elective office? (p.95)

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No. Dual citizens who are desiring to run for elective public office in the
Philippines shall be required to:
QRO
1. Meet the Qualifications for holding such public office as required by the
constitution and existing laws
2. Make a personal and sworn Renunciation of any and all foreign citizenship
before any public officer authorized to administer an oath at the time of filing the
certificate of candidacy
3. Take the Oath of allegiance prescribed in sec 3 of RA 9225
52) Elements of public Office (p. 96)
LD-DIP
1. Must be created by Law
2. Must possess a Delegation of a portion of the sovereign powers of the
government, to be exercised for the benefit of the public
3. The power conferred and duties Discharged must be defined, directly or
impliedly, by the legislature or through legislative authority
4. The duties must be performed Independently and without control of a superior
power other than the laws unless they be those of an inferior or subordinated
office created or authorized by the legislature, and by it placed under the general
control of a superior office or body
5. It must have some Permanence and continuity and not be only temporary or
occasional
53) Requisites of a valid appointment (p.97)
V-PACQuA
1. The position is position is Vacant
2. The appointing authority must be vested with the Power to Appoint at the time
appointment is made
3. The appointment had been approved by the CSC (or Confirmed by Commission
on Appointments)
4. The appointee should possess all the Qualifications including appropriate civil
service eligibility and none of the qualifications
5. The appointee Accepts the appointment by taking the oath and entering into the
discharge of duty
54) Kinds of Appointment (p.99)
1. As to enjoyment of security of tenure
a. Permanent
b. Temporary
2. As to when the appointment takes effect

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a. Regular
b. Ad Interim
55) When is the confirmation of the Commission on Appointments required? (p.100)
Heads of Executive Department
Ambassadors or other Public Ministers and Consuls
Officers of Armed Forces from the rank of Colonel or Naval Captain
56) Reappointment of a by-passed appointee is prohibited:
p. 101
1. In case the ad interim appointee was disapproved; and
2. In case the appointee has previously served a term or less than seven years, and
a vacancy arises from death or resignation.
Note: The disapproval is a final decision of the Commission on Appointments in the
exercise of its checking power on the appointing authority of the President. Since the
Constitution does not provide for any appeal from such decision, the disapproval is
final and binding on the appointee as well as on the appointing power (Matibag v.
Benipayo, supra).

57) The President can issue an acting appointment when:

p. 101
1. The officer regularly appointed to the office is unable to perform his duties by
reason of illness, absence or any other cause; or
2. There exist a vacancy (E.O. 292, Book III, Chap. 5, Sec. 17)
Note: Although there is a distinction between an appointment or a designation (Binamira
v. Garrucho, G.R. No. 92008, July 30, 1990), it was not applied in the case of Pimentel
v. Ermita, which upheld the President’s power to issue an acting appointment. The
reason is because the code allows any other competent person to be “designated”.

58) Difference between ad interim appointments and acting appointments

p. 101

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59) Disqualifications to hold public office under the Constitution:

p. 103

1. No candidate who lost in the election shall, within one year after the election, be
appointed to any office in the Government (CONST., Art. IX-B, Sec. 6);
2. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure (CONST., Art IX-B, Sec. 7, par.
1);
3. Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other position in the Government (CONST., Art
IX-B, Sec. 7, par. 2);
4. The President, vice-President, the Members of the Cabinet, and their deputies or
assistant shall not, unless otherwise provided in the Constitution, hold any other
office or employment during their tenure (CONST., Art. VII, Sec. 13);
5. No Senator or Member of the House of Representatives may hold any other
office or employment in the Government, on any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created nor the emoluments
thereof increased during the term for which he was elected (CONST., Art. VI,
Sec. 13);
6. The Members of the Supreme Court and other courts established by law shall not
be designated to any agency performing quasi-judicial or administrative function
(CONST., Art. VIII, Sec. 12);
7. No member of a Constitutional Commissions shall, during his tenure, hold any
other office or employment (CONST., Art XI, Sec. 8);

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8. The Ombudsman or his Deputies shall not be qualified to run for any office n the
election immediately succeeding their cessation from office (CONST., Art. XI,
Sec 11);
9. Members of Constitutional Commissions, the Ombudsman and his Deputies
must not have been candidates for any elective position in the elections
preceding their appointment (CONST., Art. IX-B, Sec. 1; CONST., Art. IX-C,
Sec.1; CONST., ART. IX-D, Sec. 1; CONST., Art XI, Sec. 8);
10. Members of of Constitutional Commissions, the Ombudsman and his Deputies
are appointed to a term of seven (7) years, without reappointment (CONST., Art.
IX-B, Sec. 1, par. (2); CONST., Art. IX-C, Sec. 1, par. (2); CONST., Art. IX-D,
Sec. 1, par. (2); and CONST., Art. XI-C, Sec. 11);
11. An impeached official may be disqualified from holding any office (CONST., Art.
XI, Sec. 3, par. (7); and
12. Spouses and relatives by consanguinity or affinity within the fourth (4 th) civil
degree of the President shall not during his tenure be appointed as Members of
the Constitutional Commissions, Office of the Ombudsman, Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices (CONST., Art. VII,
Sec. 13).

60) Rights of public officers

p. 105-106
1. Right to office (Paredes v. Abad, G.R. Nos. L-36927-28, April 15, 1974);
2. Right to salary (CRUZ, Law on Public Officers, supra at 190-191);
3. Right to self-organization (CONST., Art. III, Sec. 8);
4. Right to vacation leave and sick leave with pay (LGC, Sec. 81);
5. Right to retirement pay (GSIS v. CSC, G.R.. Nos. 98395-102449, June 19,
1995); and
6. Right not to be removed or suspended except for cause provided by law (DE
LEON, Philippine Constitutional Laww (2012), p. 179).

61) The Constitutional provisions relating to the salary of public officers:

(SALED) p. 106
1. Standardization of compensation (CONST., Art. IX-B Sec. 5) as implemented by
R.A. No. 6758);
2. Additional, double or indirect compensation are prohibited, unless specially
authorized by law (CONST., Art. IX-B, Sec. 8);
3. Salaries of the President and Vice-President shall be fixed by Law and shall not
be decreased during their tenure. No increase shall take effect until after the
expiration of the term of the incumbent during which such increase was approved
(CONST., Art. VII, Sec. 6);
4. No increase in the salaries of members of Congress shall take effect until after
the Expiration of the full term of the Members of Senate and House of
Representatives who approved the increase (CONST., Art. VI, Sec. 10);

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5. The salary of members of the Judiciary shall not be Decreases during their
continuance of office (CONST., Art. VIII, Sec. 10).

62) Requisites to be considered as de facto officer:

(VAC) p. 109
1. A Validly existing public office;
2. Actual physical possession of said office in good faith; and
3. Color of title to office or general acquiescence by the public (Tuanda v.
Sandiganbayan, G.R. No. 110544, October 17, 1995).

63) Generally, a de facto officer is not entitled to salary and other compensation for servces
actually rendered. p. 109
Exception: When there is no de jure officer, the de facto officer is entitled to
salaries for the period when he actually discharged functions in good faith (Civil
Liberties Union v. Exec Sec., G.R. No. 83896, February 22, 1991).

64) Modes of termination of a public officer

(FIRE-CA3R3D) p. 110
1. Forfeiture – Divesture of the public office through a positive act.
2. Impeachment – It is the extraordinary means of removing a high official (CRUZ,
supra at 313);
3. Recall – It is a method of removal where the people exercise their suffrage and
express their loss of confidence in a public officer (CRUZ, Political Law, supra at
321). No recall proceedings can take place within a year from the date of the
local officials’ assumption of office and within a year before a regular local
election (LGC, Sec. 72 (b));
4. Expiration of term – When the term of office has ended, a public officer’s relation
to his office is automatically terminated unless the hol-over rule applies. The term
of an officer who holds a highly confidential position expires when the appointing
power terminates his position because of loss of confidence. It is not treated as
removal or dismissal (Ingles v. Mutuc, G.R. No. L-20390, November 29, 1960)
5. Conviction of a crime – The conviction of a public officer of a crime that carries
with it the penalty of perpetual or temporary absolute disqualification shall have
the effect of depriving him of his public office (REVISED PENAL CODE, Art. 30);
6. Abandonment – It means an absolute relinquishment of the office with no intent
to return and is not attended with the formalities observed in resignation. If an
employee who is on leave without pay for any reason fails to return to duty at the
expiration of one year from the effective date of such leave, he shall be
considered automatically separated from the service (REVISED CIVIL SERVICE
RULES, Rule XVI, Sec. 33);
7. Accceptance of an incompatible office – Incompatibility exists when the character
or nature of offices are such that one person should not hold both because of the
contrariety and antagonism which would result in the attempt to faithfully and
impartially discharge the duties of one towards the incumbent of the other.

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Acceptance of the incompatible office automatically vacates the first, even if title
to the second office should subsequently be annulled (CRUZ, Law of Public
Office, supra at 303);
8. Abolition of Office – An office created by law may be abolished by the
Constitution or law. A constitutionally-created office may only be abolished by the
Constitution;
Note: The power of Congress to abolish an office has certain restrictions;
a. It must be exercised in good faith (Dario v. Mison, G.R. No. 81954,
August 8, 1989).
b. A law reorganizing the judiciary must not undermine the security of tenure
of the judges (CONST., Art. VIII, Sec. 2).
Note: An officer may not raise security of tenure as a defense because if there is
no office, t follows that there is no tenure (De La Llana v. Alba, G.R. No. L-
57883, March 12, 1982).
9. Resignation – it is the formal method of renunciation, coupled with the physical
act of relinquishing the office (CRIZ, Law of Public Officers, supra at 290);
10. Removal – The forcible and permanent separation of an officer for his office
before the expiration of his term (Ingles v. Mutuc, G.R. No. L-20390, November
29, 1960);
11. Reaching the Age Limit – Upon reaching the mandatory age, an officer is
deemed to be separated from his office automatically (NACHURA, supra at 585);
12. Death – A public office is personal and not a property that passes on to the heirs
(Poe v. Macapagal-Arroyo, P.E.T. Case No. 002, March 29, 2005).
65) Career Service v. Non-Career Service p.113

Career Service Non-Career Service

Nature
Career service is characterized by entrance Non-career service is characterized by
based on merit and fitness to be determined, entrance on bases other than those of the
as far as practicable, by competitive usual tests utilized for the career service.
examinations or based on highly technical Their tenure is limited to the period specified
qualifications. There is opportunity for by law, or which is coterminous with that of
advancement to higher career positions and the appointing authority of subject to his
security of tenure. pleasure, or which is limited to the duration of
a particular project for which purpose the
employment was made.

66) Personal Actions

(TAP-D2Re3S) p. 115
1. Transfer;
2. Appointment through certification;
3. Promotion;
4. Detail;
5. Demotion;
6. Reinstatement;
7. Reemployment;
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8. Reassignment (ADM.CODE, Book V, Title I-A, Section 26); and
9. Secondment (CSC MEMORANDUM CIRCULAR NO. 15, series of 1999, Rule III,
Section 6, par. (c); CRUZ, Law of Public Officers, supra at 106.
67) Distinctions between the provisions of the Revised Administrative Code, the
Ombudsman Act, the Anti-Graft and Corrupt Practices Act, and the Local Government
Code regarding preventive suspension.
p. 118-119

68) Impeachable officers

(PV-SCO) p. 122
1. President;
2. Vice-President;
3. Members of the Supreme Court;
4. Members of the Constitutional Commissions; and
5. Ombudsman (CONST., Art. XI, Sec. 2).

69) Grounds for impeachment

(CTBP) p. 122
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery, graft, and corruption, other high cries; or
4. Betrayal of Public trust (CONST., Art. XI, Sec. 2).

70) Ombudsman (CONST., Art. XI, Secs. 5 to 14, in relation to R.A. No. 6770 or otherwise
known as “THE OMBUDSMAN ACT OF 1989”)
p. 123

71) Qualifications of Special prosecutor

(N40-RBC10) p. 126
The Ombudsman and his Deputies, including the Special Prosecutor, shall be:
1. Natural born citizens of the Philippines;
2. at least (40) years old;
3. of Recognized probity and independence;
4. members of the Philippine Bar, and
5. must not have been Candidates for any elective national or local office in
the immediately preceding election whether regular or special;
6. The Ombudsman must have, for ten (10) years or more, been a judge or
engaged in the practice of law in the Philippines (R.A. 6670 Sec. 5).
72) Prohibitions for a special prosecutor (p.127)
1) Hold any other office or employment
2) Directly or indirectly practice any other profession, participate in any business, or
be financially interested in any contract with, or any franchise, or special privilege
granted by the government or any subdivision, agency or instrumentality
3) Have a conflict of interest in the conduct of their office

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4) Be qualified to run for any office in the election immediately following their
cessation from office
5) Be allowed to appear or practice before the ombudsman for 2 years following
their cessation from office.
73) Powers of the Office of the Special Prosecutor (p.127)
1. To conduct preliminary investigation and prosecute criminal cases within the
jurisdiction of the sandiganbayan
2. To enter into plea bargaining agreements
3. To perform such other duties assigned to it by the ombudsman
 Qualifications of Special prosecutor
(N40-RBC10) p. 126
The Ombudsman and his Deputies, including the Special Prosecutor, shall be:
7. Natural born citizens of the Philippines;
8. at least (40) years old;
9. of Recognized probity and independence;
10. members of the Philippine Bar, and
11. must not have been Candidates for any elective national or local office in
the immediately preceding election whether regular or special;
12. The Ombudsman must have, for ten (10) years or more, been a judge or
engaged in the practice of law in the Philippines (R.A. 6670 Sec. 5).
 Prohibitions for a Special Prosecutor
p. 127
1.  Hold any other office or employment;
2. Directly or indirectly practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or special
privilege granted by the government or any subdivision, agency or instrumentality
thereof;
3. Have a conflict of interest in the conduct of their office;
4. Be qualified to run for any office in the election immediately following their
cessation from office; and
5. Be allowed to appear or practice before the Ombudsman for two (2) following
their cessation from office

 Powers of the Office of the Special Prosecutor

p. 127
1. To conduct preliminary investigation and prosecute criminal cases within the
jurisdiction of the Sandiganbayan
2. To enter into plea bargaining agreements; and
3. To perform such other duties assigned to it by the Ombudsman (R.A. 6670, Sec.
11, par. (4)).
 Powers of the Sandiganbayan
p. 127
 Scope of Sandiganbayan’s jurisdiction
p. 128
1. Violations of anti-graft and corrupt practices, R.A. No. 1379, and Chapter II,
Section 2, Book II of the RPC, where one or more of the accused are officials

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occupying the following positions in the government, weather in a permanent,
acting or interim capacity, at the time of the commission of the offense:
a. Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher;
b. Members of congress and officials thereof classified as Grade 27 and
higher;
c. Members of the judiciary without prejudice to the provisions of the
constitution;
d. Chairmen and members of the constitutional commissions, without
prejudice to the provisions of the constitution; and
e. All other national and local officials classified as Grade 27 and higher.
2. Other offences or felonies whether simple or complex with other crimes
committed by the public officials and employees mentioned in subsection a. of
this section in relation to their office.
3. Civil and criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14
and 14-A, issued in 1986.
 Provided, That the RTC shall have exclusive original jurisdiction where the
information:
a. does not allege any damage to the government or any bribery; or
b. alleges damage to the government or bribery arising from the same or
closely related transactions or acts in an amount not exceeding One
million pesos (P1,000,000.00).

Administrative Law
 Two types of government agencies
p. 130
1. A national agency, referring to a unit of the National government (ADM. CODE,
Sec. 2, par. (5)).
2. A local agency, referring to a local government unit or a district unit therein.
(ADM. CODE, Sec. 2, par. (6)

 The different national agencies or subdivisions of the National Government

p. 130 
1. Departments;
2. Bureaus;
3. Offices
4. Instrumentalities;
a. Regulatory agencies;
b. Chartered institutions; and 
c. Government owned and controlled corporations (ADM. CODE, Sec. 2)

 Kinds of administrative laws

p. 131
1. Statutes setting up administrative authorities;
2. Decisions of courts interpreting the charters of administrative bodies;
3. Rules, regulations and orders of such administrative bodies made in the
settlement of controversies arising in their particular acts; and 
4. Determinations, decisions and orders of the administrative bodies in the
settlement of controversies arising in their respective fields (NACHURA, supra at
493).
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 Kind of administration as a function

p. 131
 Internal administration - includes the legal structure or organization of public
administration and the legal aspects of each institutional activity;
 External administration - concerned with the problems of administrative
regulations or the exercise of power for carrying out the ends for which such
powers were delegated (SUAREZ, Political Law Reviewer (2018), p. 914
[hereinafter SUAREZ].

 Kinds of administrative rules and regulations

p. 133
1. Legislative rules are designed to implement a primary legislation by providing
the details thereof. They usually implement existing law imposing general extra-
statutory obligations pursuant to authority properly delegated by Congress and
effect a change in existing law or policy which affects individual rights and
obligations. 
a. Supplementary rules are those intended to fill in the details of the law
and to make explicit what is only general (CRUZ, supra at 60).
b. Contingent rules are those issued by an administrative authority based
on the existence of certain facts or things upon which the enforcement of
the law depends (id).
2. Interpretative rules are intended to interpret, clarify, or existing statutory
regulations under which the administrative body operates. Their purpose or
objective is merely to construe the statute being administered and purport to do
no more than interpret the statute (Tanada v. Tuvera, G.R. No. L-63915, April 24,
1985)

 Requisites for validity of administrative rules and regulations

(ASAR) p. 133
1. That the rules and regulations must have been issued on the Authority of law;
2. That the rules and regulations must be within the Scope and purview of the
principal law;
3. That said rules and regulations must be Reasonable; and promulgated in
Accordance with the prescribed procedure, to wit: publication, notice and
hearing (Executive Secretary v. Southwing Heavy Industries, G.R. No. 164171,
February 20, 2006). 

 Requisites for the validity of administrative rules and regulations

(ASAR-P2) p. 134
1. That the rules and regulations must have been issued on the Authority of law;
2. That the rules and regulations must be within the Scope and purview of the
principal law;
3. That said rules and regulations must be Reasonable; and promulgated in
Accordance with the prescribed procedure, to wit: publication, notice and
hearing
4. The law must itself declare as Punishable  the violation of the administrative rule
or regulation; and
5. The law should define or fix the Penalty for the violation of the administrative rule
or regulation (Executive Secretary v. Southwing Heavy Industries, supra).
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Note:  Prior notice, hearing and publication or not required for interpretative or
internal rule (Republic v. Drugmaker’s Laboratories, Inc., supra).

 Generally, notice and hearing is not required.  However, it is essential when: 

(FS2) p. 134 
1. The legislature itself requires it and mandates that the regulation shall be based
on certain Facts as determined at an appropriate investigation;
2. The regulation is a Settlement of a controversy between specific parties or
administrative adjudication; and
3. The administrative rule is in the nature of Subordinate legislation designed to
implement a law by providing its details (CIR v. Court of Appeals, G.R. No.
119761, August 29, 1996).

 There are three (3) exceptions to the publication requirement:  

(I3) p. 135
1. When the issuance is an Interpretative regulation because it needs nothing
further than its bare issuance for it gives no real consequence more than what
the law itself has already prescribed.” It “adds nothing to the law” and “does not
affect the substantial rights of any person” (Id.).
2.  When the regulation is merely Internal in nature because it seeks to regulate
only the personnel of the administrative agency and not the general public
(Tanada v. Tuvera, supra)
3. When it is a letter of Instruction issued by an administrative agency concerning
rules and guidelines to be followed by subordinates in the performance of their
duties (Association of Southern Tagalog Electric Cooperatives, Inc. v. Energy
Regulatory Commission, G.R. No. 192117, September 18, 2012). 

 Requisites for the exercise of quasi-judicial power 

(JNH) p. 135
1. Jurisdiction; 
2. Notice; and
3. Hearing (ALBANO, supra at 702).

 Requisites for administrative due process

(RESS-BAK) p. 136
1. Right to a hearing;
2.  Tribunal must consider Evidence presented;
3.  Evidence must be Substantial;
4.  Decision must be Supported by law and fact;
5.  Decision must be Based on evidence adduced at the hearing or at least
contained in the records and disclosed to parties;
6. Board or judge must Act on its or his own independent consideration of facts and
law of the case, and not simply accept review of the subordinate in arriving at a
decision; and
7.  Decision must be rendered in such a manner that parties to controversy can
Know various issues involved in the reason for the decision rendered (Ang Tibay
v. Court of Industrial Relations, G.R. No. 46496, February 27, 1940). 

 When notice and hearing is not required in administrative determinations

(SPC-SPL) p. 136
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1. Summary proceedings of distraint and levy upon property of delinquent taxpayer;
2. Grant of Provisional authority for increase of rates or to engage in particular line
of business;
3. Cancellation of passport where no abuse of discretion is committed;
4.  Summary abatement of nuisance per se which affects safety of persons or
property;
5.  Preventive suspension of officer or employee pending investigation; and
6.  Grant or revocation of Licenses or permits to operate certain businesses
affecting public order or morals (NACHURA, supra at 508).

 The examining or investigative powers of administrative agencies

(PI3SO-WF) p. 138
1. Power to conduct Inspection of accounts, records, documents, and other papers
relative to its investigation;
2. Power to obtain other Information which it finds relevant to a matter being
investigated; 
3. Power to issue Subpoena and notices; 
4. Power to take Oaths and interrogate witnesses;
5. Power to Inspect premises;
6. Power to require Written answers to questionnaires;
7. Power to require Periodic or special reports; and
8. Power to require the Filing of statements (SUAREZ, supra at 937).

 The determinative or incidental powers of administrative agencies

(ESDED) p. 139
1. Enabling power is the power that enables an administrative agency to do an act
which the law precisely and trust to it;
2. Summary power is the power exercised by administrative authorities to perform
coercive measures upon persons or things without the need of securing judicial
warrant;
3. Directing power which is illustrated by the power of assessment of the BIR or the
bureau of customs;
4. Examining power is the power of an administrative agency to examine and
inspect books, paper, and records to investigate the activities of persons under
its jurisdiction; and
5. Dispensing power is the power of an administrative officer to grant exemption
from the performance of a general prohibition. (NACHURA, supra at 503)

 Requisites of judicial review of administrative decisions

p. 139
1. Prior Resort to Administrative bodies (Cruz v. Del Rosario, G.R. No. L-17440,
December 26, 1963)
2. Exhaustion of Administrative remedies (Teotics v. Ageda Jr., G.R. No. 87437,
May 29, 1991).

 Exceptions to the doctrine of primary jurisdiction and exhaustion of administrative

remedies
(MEAN-LIQUID-PUPA) p. 140
1. Where there is Estoppel on the part of the party invoking the doctrine;

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2. Where the challenged administrative act is patently Illegal, amounting to lack of
jurisdiction;
3. Where there is Unreasonable delay or official in action that will irretrievably
prejudice the complainant;
4. Where the Amount involved is relatively so small as to make the rule impractical
and oppressive; 
5. Where the question involved is purely Legal and will ultimately have to be
decided by the courts of justice;
6. Where judicial intervention is Urgent;
7. Where the application of the doctrine may cause great and Irreparable damage;
8. Where the controverted acts violate Due process;
9. Where the issue of non-exhaustion of administrative remedies has been
rendered Moot;
10. Where there is No other plane, speed and adequate remedy;
11. Where strong Public interest is involved; and
12.  In Quo warranto proceedings (Samar II Electric Cooperative Inc. (SAMELCO II)
v. Seludo, Jr., G.R. No. 173840, April 25, 2012)
13.  When the respondent is a department secretary whose acts  as an Alter ego of
the President bears the implied and assumed approval of the latter (Kilusang
Muntinlupa, Inc., v. Dominguez, G.R. No. 85439, January 13, 1992);
14. When the subject matter is a Private land in land case proceedings (Marcoso v.
Court of Appeals, G.R. No. 96605, May 8, 1992); and
15.  When to require exhaustion of administrative remedies would be Unreasonable
(SUAREZ, supra at 946).

Election Law
 Kinds of elections
1. Regular/General – one provided by law for election of officers either nationwide
or in certain subdivisions thereof, after the expiration of the full term of the former
members.
2. Special – one held to fill a vacancy before the expiration of the term for which the
incumbent was elected.

 Qualifications of voters
(CARD) p.142
1. Citizenship – a Filipino citizen;
2. Age – at least 18 years of age;
3. Residence:
a. A resident of the Philippines for at least one (1) year;
b. A resident of the place where he proposes to vote for at least six (6)
months; and
4. Not otherwise Disqualified by law (CONST., Art. V, Sec. 1).

 Persons disqualified to register as voters

(IDIN) p. 142
1. Those convicted by final judgment to suffer Imprisonment for  not less than 1
year, unless pardoned or granted amnesty, but their rights are automatically
reacquired upon expiration of five years after service of sentence;

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2. Those adjudged by final judgment as having committed any crime involving
Disloyalty to government or any crime against National security, but their rights
are reacquired upon expiration of 5 years after service of sentence;  and
3. Insane or incompetent persons has declared by competent authority (B.P. 881,
Sec. 118).
 Process of challenging the right to register
(OOH) p. 143
1. Any voter, candidate, or representative of a registered political party may
challenge in writing any application for registration, stating the grounds therefor. 
The challenge shall be under Oath and be attached to the application, together
with the proof of notice of hearing to the challenger and the applicant;
2. Oppositions to contest a registrant’s application for inclusion in the voter’s list
must, in all cases, be filed not later than the second Monday of the month in
which the same is scheduled to be heard or processed by the election
registration board.  Should the second Monday of the month fall on a non-
working holiday, oppositions may be filed next following working day; and
3. The Hearing on the challenge shall be heard on the third Monday of the month
and the decision shall be rendered before the end of the month (R.A. No. 8189,
Sec. 18)

 The registration of the following persons may be deactivated

(1-DIVE-C) p. 143
1. Any person who has been sentenced by final judgment to suffer imprisonment for
not less than 1 year, such disability not having been removed by plenary pardon
or amnesty;
Note: The right to vote may be automatically required upon expiration of 5 years
after service of sentence as certified by the clerk of court; 
2. Any person who has been adjudged by final judgement by a competent court or
tribunal of having cost/committed any crime involving Disloyalty to the duly
constituted government such as rebellion, sedition,  violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law; 
Note: The right to vote may be regained automatically upon expiration of five
years after service of sentence.
3. Any person declared by competent authority to be Insane or incompetent unless
such disqualification has been subsequently removed by a declaration of a
proper authority that such person is no longer insane or incompetent;
4. Any person who did Vote in the two successive preceding regular elections as
shown by their voting records. For this purpose, regular elections do not include
the Sangguniang Kabataan (SK) elections;
5. Any person whose registration has been ordered Excluded by the Court; and 
6. Any person who has lost his Filipino Citizenship (R.A. No. 8189, Sec. 27).

 Inclusion and exclusion proceedings

(ON-1-CIDE) p. 144
1. Petition for inclusion, exclusion, or correction of names of voters shall be filed
during Office hours;
2. Notice of the place, date and time of the hearing of the petition shall be served
upon the members of the Board and the challenged voter upon filing of the
petition;
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3. A petition shall refer only to 1 precinct and shall implead the Board as
respondents;
4. No Costs shall be assessed against any party in these proceedings. However, if
the court should find that the application has been filed solely to harass the
adverse party and cause him to incur expenses, it shall order the culpable party
to pay the costs and incidental expenses;
5. Any voter, candidate, or political party who may be affected by the proceedings
may Intervene and present his evidence;
6. The decision shall be based on the Evidence presented and in no case rendered
upon a stipulation of facts. If the question is whether or not the voter is real or
fictitious, his non-appearance on the day set for hearing shall be prima facie
evidence that the challenged voter is fictitious; and
7. The petition shall be heard and Decided within 10 days from the date of its filing.
Cases appealed to the RTC shall be decided within 10 days from receipt of the
appeal. In all cases, the court shall decide these petitions not later than 15 days
before the election and the decision shall become final and executory (R.A. No.
8189, Sec. 32).

 Distinguishing inclusion proceedings from exclusion proceedings

(PV-TAPA) p. 145

 Disqualified from overseas absentee voting

(LRCI) p. 146
1. Those who have Lost their Filipino citizenship in accordance with Philippine laws;
2. Those who have expressly Renounced their Philippine citizenship And who have
pledged allegiance to a foreign country, except those who have reacquired or
retained their Philippine citizenship under republic act No.  9225, otherwise
known as the ‘Citizenship Retention and Reacquisition Act of 2003;
3. Those  who have Committed  and are convicted in a final judgment by a
Philippine  court or tribunal of an offense punishable by imprisonment of not less
than one year,  such disability not having been removed by plenary pardon or
amnesty: Provided, however, That any person disqualified to vote under this
subsection shall automatically acquire the right to vote upon the expiration of five
years after service of sentence;
4. Any citizen of the Philippines abroad previously declared Insane or incompetent
by competent authority in the Philippines or abroad, as verified by the Philippine
embassies, consulates or foreign service establishments concerned, unless such
competent authority subsequently certifies that such person is no longer insane
or incompetent (R.A. No. 9189, as amended, Sec. 5). 

 Requirements for registration as an overseas voter

(PRO) p. 147
1. A valid Philippine Passport,
In the absence of a valid passport, a certification of the DFA  that it has reviewed
the appropriate documents submitted by the applicant and has found them
sufficient to warrant the issuance of a passport, or that the applicant is a holder of
a valid passport but is unable to produce the same for a valid reason;
2. Accomplished Registration form prescribed by the Commission; and
3. Applicants who availed themselves of the ‘Citizen Retention and Reacquisition
Act’ (R.A. No. 9225) shall present the original or certified true copy of the Order
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of approval of their application to retain or reacquire their Filipino Citizenship
issued by the post or their identification certificate issued by the Bureau of
Immigration. 

 Who are detainees

(CSC) p. 148 
1. Confined in jail, formally charged for any crime/s and awaiting/ undergoing trial;
or
2. Serving a sentence of imprisonment for less than 1 year; or
3. Whose Conviction of a crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the firearms laws or any
crime against national security or for any other crime is on appeal (COMELEC
Resolution No. 9371, Sec. 2 (a)).

 Qualifications for President and Vice-President

(N40-RAW-VR10) p. 149
1. Natural-born citizen;
2. At least 40 years old on the day of the election;
3. Able to Read And Write;
4. Registered Voter; and 
5. Resident of the Philippines for not less than 10 years immediately preceding the
day of the election (CONST., Art. VII, Secs. 2 and 3; B.P. 881, Sec. 63)

 Qualifications for a candidate for Senator

(N35-RAW-VR2) p. 149
6. Natural-born citizen;
7. At least 35 years old on the day of the election;
8. Able to Read And Write;
9. Registered Voter; and 
10. Resident of the Philippines for not less than 2 years immediately preceding the
day of the election (CONST., Art. VI, Sec. 3)

 Qualifications for a candidate for District Representative

(N25-RAW-VR1) p.149
1. Natural-born citizen;
2. At least 25 years old on the day of the election;
3. Able to Read And Write;
4. Registered Voter; and 
5. Resident of the Philippines for not less than 1 year immediately preceding the
day of the election (CONST., Art. VI, Sec. 6)

 Qualifications for a candidate for Governor, Vice-Governor, Mayor, Vice-Mayor, Punong-

Barangay and Sangguniang Members
(CA-RAW-VR1) p. 149
1. Citizen of the Philippines;
2. On Election day, Age must at least be: 
a. 21 years - for governor, vice governor, member of the Sangguniang
Panlalawigan, mayor, vice mayor, or member of the Sangguniang
Panlungsod of highly urbanized cities;

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b. 21 years - for mayor or vice mayor of independent component cities,
component cities, or municipalities; or
c. 18 years - four member of the Sangguniang Panlungsod or Bayan, or
Punong barangay or member of the Sangguniang Barangay (LGC, Sec.
39); 
d. 18 but not more than 24 years - Sangguniang Kabataan (R.A.
10742, otherwise known as the Sangguniang Kabataan Reform act of
2015, Sec. 10).
3. Able to Read And Write Filipino or any other local language or dialect;
4. Registered Voter in the barangay, municipality, city or province or, in the case of
a member of the Sangguniang Panlalawigan, Panlungsod or Bayan, the district
where he intends to be elected;
5. Resident therein for at least 1 year immediately preceding the election

 Disqualifications applicable to all candidates

(I-SIRO18-MT) p. 150
1. Declared as Incompetent or insane by competent authority;
2. Convicted by final judgment for Subversion, insurrection, Rebellion, or any
Offense for which has been sentenced to a penalty of more than 18 months
imprisonment, before the expiration of a period of 5 years from his service
sentence; and
3. Convicted by final judgement for a crime involving Moral Turpitude.
Note: These disqualifications shall be deemed removed upon the declaration by
competent authority that said insanity or incompetent has been removed or after the
expiration of a period of five years from his service of sentence (B.P. 881, Sec. 12).

 Disqualifications for local elective positions

(M-ROD-FPI) p. 150
1. Those sentenced by final judgment for an offense involving Moral turpitude or for
an offense punishable by one year or more of imprisonment, within two years
after serving sentence;
2. Those Removed from office as a result of an administrative case; 
3. Those convicted by final judgment for violating the Oath of allegiance to the
republic;
4. Those with Dual citizenship;
5. Fugitives from justice in criminal or non-political cases here or abroad;
6. Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of this
Code; and
7. The Insane or feeble-minded (R.A. No. 7160, Sec. 40)

 To become eligible for public office, dual citizens must:

p. 151 
1. Meet the qualifications for holding such public office as required by the
constitution and existing laws; and
2. Make a personal and sworn renunciation of any and all foreign citizenships
before any public officer authorized to administer an oath prior to or at the of filing
of their certificate of candidacy (R.A. No. 9225, Sec. 5(2)).

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Note: It has been held that the affidavit of renunciation shall be deemed
withdrawn when the person performs acts which unequivocally repudiate his prior
renunciation such as the use of his foreign passport even after executing such
affidavit (Arnado v. Commission on Elections, G.R. No. 210164, August 18, 2015).

 To become eligible as a candidate for public office, a person must:

p. 152
1. Meet such public office as required by the constitution and existing laws; and,
2. Re-acquire his natural-born citizenship by taking the Oath of Allegiance found in
Section 3 of R.A. No. 9225.
3. Make a personal and sworn renunciation of any and all foreign citizenship before
any public officer authorized to administer an oath prior to or at the time of filing
of their Certificate of Candidacy (Japzon v. COMELEC, G.R. No. 180088,
January 19, 2009).
Note: It Has been held that failure to comply with any of the formal requisites
prescribe in R.A. No. 9225, such as the execution of as sworn renunciation of foreign
citizen, is fatal to the candidacy of a foreign/ dual citizen seeking public office. It is
immaterial that the foreign country of whom he was citizen no longer treats him as
their citizen. It is the compliance with philippine law that governs a person's
citizenship with respect to the Philippine state (Japzon v. COMELEC, supra). 

 Requisites for valid substitution

(VOW-SFQ) p. 154
1. There is a Valid certificate of candidacy (Tanaga v. COMELEC, G.R. No.
196804, October 9, 2012);
2. The Original candidate has died,  withdrawn, or has been disqualified for any
cause (B.P. 881, Sec. 77);
3. There is a valid Withdrawal of the COC after the last day for filing of COCs;
4. The substitute belongs to and is certified by the Same political party;
5. The substitute filed his COC not later than Mid-day of election day (Cerafica v.
COMELEC, G.R. No. 205136, December 2, 2014); and
6. The substitute himself Qualifies  for the position.

 The COMELEC ma go beyond the face of the COC in cases of: 

(NDD) p. 155
1. Nuisance candidates;
2. petitions to Deny due course or to cancel COC under Section 78 of B.P. 881; and
3. Disqualification cases based on any of the grounds in B.P. 881, Section 68. 

 Cancelling a certificate of candidacy if shown that it was filed:

(MIC) p. 156
1. To put the election process in Mockery or disrepute;
2. To cause Confusion among voters by similarity of names of registered
candidates; or 
3. By other circumstances or acts which demonstrate that a candidate has no bona
fide Intention to run for the office for which his certificate of candidacy has been
filed, and thus prevent a faithful determination of the true will of the electorate
(B.P. 881, Sec. 69; COMELEC Resolution 8678, Sec. 14).
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 Instances for declaring a failure of election

(NSA) p. 157
1. The election in any polling place has Not been held on the date fixed on account
of force majeure violence, terror, fraud, or other analogous cases;
2. The election in any polling place had been Suspended before the hour fixed
bylaw for the closing of the voting on account of force majeure violence, terror,
fraud, or other analogous cases; and
3. After the voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof such election results in a failure to
elect on account of force majeure violence, terror, fraud, or other analogous
cases (Mutian v. COMELEC, G.R. No. 171248, April 2, 2007).

 Requisites for a failure of election

(VAC) p. 157
1. No Voting to place in the precinct or precincts on the date or hour fixed by law, 
or even if there was voting, the election resulted in a failure to elect;
2. The votes not cast would have Affected the result of the election; and 
3. The Cause of such failure of election should have been forced majeure violence,
terror, fraud or other analogous cases (B.P.  881, Sec. 6).

 Requisites for a petition for quo warranto relating to elections

(RI-10) p. 159
1. It must be filed by any Registered voter in the constituency;
2. Based on the grounds of Ineligibility or disloyalty to the Republic; and
3. It must be filed within 10 days from the proclamation of the election results (B.P.
881, Sec. 253; COMELEC Resolution 8804, Rule 6).

 A pre-proclamation controversy may still proceed if:

(IRWAN) P. 160
1. What is filed is not really a quo warranto or election protest but a petition to Annul
a proclamation;
2. Quo warranto is not the proper Remedy;
3. The BOC in Improperly constituted;
4. The filing of a quo warranto or an election protest is expressly made
Without prejudice to pre-proclamation contest, or is made ad cautelam; or
5. The proclamation is Null and void (Dumayas, Jr. v. COMELEC, G.R. Nos.
141952-53, April 20, 2001). 

 What are the kinds of Autonomy

1. Decentralization of administration
2. Decentralization of power

74) Legislative powers granted to autonomous regions (p. 164)

ACAP-PE2RO
1. Administrative organization
2. Creation of sources of revenues

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3. Ancestral domain and natural resources
4. Personal, Family, and property relations
5. Regional urban and rural Planning development
6. Economic, social, and tourism development
7. Educational policies
8. Preservation and development of the cultural heritage
9. Such Other matters as may be authorized by law for the promotion of the general
welfare of the people of the region
75) Limitations of exercise of police power by LGUs (p.165)
C-DET
1. Must not be contrary to the constitution and the law
2. Due process clause
3. Equal protection clause
4. Territoriality
76) Limitations of exercise of eminent domain by LGUs (p. 165)
CO2-UP
1. Constitutional Limitations
a. Necessity must be of public character
b. Property to be expropriated is private
c. There is just compensation
d. Taking must be with due process
2. Taking must be pursuant to an Ordinance, exercised by the local chief executive
3. Taking must be for public Use, public welfare for the benefit of the poor and
landless
4. There must be Payment of just compensation as required under Art 3 sec. 9
5. Taking must be made only after valid and definite Offer had been made to, and
not accepted by the owner
77) Fundamental principles of taxation by LGUs (p. 166)
UnPIN-OPEN

Taxation shall be Uniform in each LGU

1. Each LGU shall, as far as practicable, evolve a Progressive system of taxation
2. Revenue shall Inure solely to the benefit of, and be subject to disposition by, the
LGU, unless otherwise specifically provided therein
3. Collection shall in No case be let to any private person
4. Taxation shall be
a. Not unject, excessive, oppressive or confiscatory
b. Only for public purposes
c. Equitable and based as far as practicable on the taxpayer’s ability to pay
d. Not contrary to law, public policy, and national economic policy, or in
restraint of trade
78) Requisites for valid ordinance (p. 166)
CUP3UG
1. Must not Contravene the constitution and any other statute
2. Must not be Unfair or oppressive
3. Must not be Partial or discriminatory
4. Must not Prohibit, but may regulate trade
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5. Must be consistent with Public policy
6. Must not be Unreasonable
7. Must be General in application
79) Causes of permanent vacancy (p. 170)
HiHInD-RemResRef
1. Succession to a Higher vacant office
2. Failure to qualify to office
3. Permanent Incapacity to discharge the functions of an office
4. Death
5. Removal from Office
6. Voluntary Resignation
7. Refusal to assume office
80) Filipinized activities regarding national economy and patrimony (p. 174)
CUF-12-60%
1. Co-production, joint venture, or production sharing agreement for Exploration,
Development and Utilization (EDU) of natural resources
2. Use and enjoyment of nation’s marine wealth within territory shall exclusively be
for Filipino citizens
3. Only Filipino citizens may acquire not more than 12 hectares of alienable lands of
the public domain by purchase, homestead, or grant, or lease not more than 500
hectares. Private corporations may not lease more than 1000 hectares for 25
years renewable for another 25 years
4. Those areas of investment reserved by law of Filipino citizens or entities with
60% Filipino capitalization, although, Congress may provide for higher
percentage.
5. Franchises, certificates, or any other form of authorization for the operation of a
public utility shall only be granted to Filipino citizens or entities with 60% Filipino
Capitalization.
81) Limitations to disposition of alienable lands of public domain (p. 176)
AFP
1. Alienable lands shall be limited to agricultural lands
2. Only Filipino citizens may acquire alienable land by purchase, homestead, or
grant, and the same shall not be more than 12 hectares , or lease not more than
500 hectares of such land
3. Private corporations may lease not more than 1000 hectares for 25 years,
renewable for another 25 years
82) Exception to the rules of acquisition of land: (p. 176)
FNCP
1. Foreigners who inherently through intestate succession
2. A Natural born Filipino Citizen who has lost Philippine citizenship may be a
transferee of private lands subject to limitations provided by law
3. Ownership in Condominium Units is subject to the 60% Filipino -40% alien
ownership of condominium corporation requirement
4. Parity right agreement under 1935 constitution
83) Requisites for due process for students before the imposition of disciplinary sanctions
(p. 179)
NAEAC
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1. The Students must be informed in writing of the Nature and cause of any
accusation against them
2. That they shall have the right to Answer the charges against them with the
assistance of counsel, if desired
3. They shall be Informed of the Evidence against them
4. They shall have the right to Adduce Evidence in their own behalf
5. The evidence must be duly Considered by the investigating committee or the
official designated by the school authorities to hear and decide the case
84) Duties of the State with regard to the family (p. 180)
1. To recognize the Filipino family as the foundation of the nation
2. To strengthen the family’s solidarity and actively promote its total development
3. To protect marriage as an inviolable social institution and foundation of the family
4. To defend the right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood
5. To defend the right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty, exploitation, and
other conditions prejudicial to their development
6. To defend the right of the family to a family living wage and income
7. To defend the right of families or family associations to participate in the planning
and implementation of policies and programs that affect them
85) Proposal to amend the constitution (p.181)
CCP
1. By the Congress acting as a Constituent assembly by a vote of ¾ of all its
members
2. By a Constitutional convention called by 2/3 of all the members of the congress.
Alternatively, congress may also submit to the electorate, by majority of its
members, the question of calling such a convention
3. Through a People’s initiative embodied in a petition of at least 12% of the total
number of registered voters, of which every legislative district must be
represented by at least 3% of the registered voters therein
86) How is ratification made
Proposed amendments or revision shall be submitted to the people and shall be deemed
ratified by the majority of the votes cast in a plebiscite, held not earlier than 60 days nor
later than 90 days
After the approval of the proposal by the Con-Ass or the Con-Con
After certification by the COMELEC of sufficiency of people’s petition to amend the
constitution
 Ratification of the constitution may be held simultaneously with the
general/regular elections
87) Jus Cogens (p. 183)
(a peremptory norm of general international law) is a norm accepted and recognized by
the international community of states as a whole as a norm from which no derogation is
permitted and which can be modified only by subsequent norm of general international
law having the same character.
88) Voluntary vs Obligatory law (p. 183)

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Jus dispositivum or voluntary law are consensual agreements between states, as
oppose jus scriptum or obligatory law which stem from the necessary principles of
international law that bind all states as a point of conscience regardless of consent.

Jus Dispositivum refers to norms of customary international law which are derived from
the consent of states and therefore only binds states which consents thereto

89) Soft law vs hard law (p. 183)

Hard laws are binding rules of international law, while soft laws are non-binding norms,
principles, and practices that influence state behavior.

90) Jus Cogens VS obligation erga omnes (p. 183)

Jus Cogens norms or peremptory norms result from the substantive importance of the
interests protected and the universal recognition that underlying values are not at the
disposal of individual states

Obligation erga omnes, on the other hand are results of concessions and agreements
among states that certain values are concerns of the international community. Thus, all
peremptory norms create obligations erga omnes, but not all erga omnes obligation are
derived from peremptory norms.

91) Ex Aequo et Bono (p. 183)

“According to what is right and good” or “from equity and conscience”. A decision made
ex aequo et bono is one made on the basis of justice and equity untrammeled by
technical legal rules. The concept recognizes the existence of aequitascontra legem or
justice in opposition to law.

92) Doctrine of Incorporation (p. 184)

The doctrine of incorporation in our jurisdiction is embodied under Art 2 sec. 2 which
states that the Philippines “adopts the generally accepted principles of international law
as part of the law of the land. Under the doctrine, general rules of international law, such
as the principle of pacta sunt servanda, form part of the law of the land and no further
legislative action is needed to make such rules applicable in the domestic sphere.
93) Charming Betsy Canon (p.185)
It is a presumption that congress will not legislate contrary to the international obligations
of the state and the principle of interpretation that where an act and a treaty deal with the
same subject, the courts will seek to construe them so as to give effect to both of them
without acting contrary to the wording of either. Where the two are inconsistent, the
general rule had been posited that the law enacted later in time will prevail, provided that
the treaty is self-executing.
94) Elements of a state (p. 188)
PTGC
1. Permanent Population
2. Defined Territory
3. Government
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4. Capacity to enter into relations with other states
95) Doctrine of state continuity (p. 188)
A state’s identity as an international legal person persist notwithstanding unconstitutional
or even violent changes in its government. As a result, a state generally continues to
owe and accrue international legal obligations notwithstanding such changes

96) Principle of self-determination (p.188)

Self-determination is the right to independence of peoples in non-self-governing
territories and peoples subject to alien subjugation, domination, and exploitation
100) Basis of Jurisdiction or theories under which a state may claim to have jurisdiction to
prescribe a rule of law over an activity (p.190)
TNPUP
1. Territorial principle
2. Nationality principle
3. Protective principle
4. Universality principle
5. Passive personality principle
101) Exemptions from state jurisdiction (p.192)
1. Act of State Doctrine
2. Doctrine of State Immunity
3. Immunity of the UN
4. Diplomatic Immunity
5. Foreign merchant vessels exercising the right of innocent passage or arrival under
stress
6. Foreign armies passing through or stationed in the territory with the permission of the
state
7. Warships and other public vessels of another state operated for noncommercial
purposes
102) Modes of resolving conflict of jurisdiction
1. Balancing test
2. International Comity
3. Forum non conveniens
103) Elements of a treaty
PAWL-R (p.195)
1. Entered into by Parties having treaty-making capacity
2. It is made through their Authorize organs or representatives
3. It is made Without the attendance of duress, fraud, mistake, or other vices of consent
4. It has Lawful subject matter and object
5. It was Ratified in accordance with the respective constitutional processes of the parties
104) Treaty making process (p.196)

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NeSiRa-ExReg
1. Negotiation
2. Signature
3. Ratification
4. Exchange of instruments of ratification
5. Registration with the UN
105) grounds for invalidation of a state’s consent to be bound by a treaty (p.197)
EFC-CCPP
1. Error
2. Fraud
3. Corruption of a representative of a state
4. Coercion of a representative of a State
5. Coercion of a State by the threat of force
6. Conflict with Peremptory norms
7. Conflict with Provisions of internal law
106) Termination or suspension of a treaty
ARMS-FLaW
1. By Agreement of the parties, if the treaty provides
2. If the goals of the treaty has been Realized
3. Termination due to a Material breach
4. Supervening impossibility of performance
5. Fundamental change in circumstances (rebus sic stantibus)
6. Later inconsistent treaties between the parties
7. War between contracting parties
107) Rebus Sic Stantibus (p. 198)
The doctrine of rebus sic stantibus is a principle in customary international law which provides
that where there has been a fundamental change of circumstances from the conclusion of an
agreement, a party to that agreement may withdraw from or terminate it. It is justified by the fact
that some treaties may remain in force for long periods of time, during the fundamental changes
might have occurred.
108) requisites for a valid invocation of Rebus Sic Stantibus (p. 198)
SUC-DIR
1. The change must be so Substantial that the foundation of the treaty must have
altogether disappeared
2. The change must have been Unforeseeable at the time of the perfection of the treaty
3. The change must not have been Caused by the party invoking the doctrine
4. The Doctrine must be invoked with a reasonable time
5. The duration of the treaty must be Indefinite
6. The doctrine cannot operate Retroactively

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109) when does a person cease being a refugee (p. 200)
(PLN-FER)
1. Voluntarily re-availed himself or herself of the Protection of the country of his or her
nationality
2. Voluntarily re-acquired his or her Lost nationality
3. Voluntarily acquired a New nationality and enjoys the protection of the country of his or
her nationality
4. Voluntarily re-established himself/ herself in the country he or she left, or in a country
where he/ she remained owing to Fear of persecution
5. Enjoys the protection from the country of his or her nationality, because the reasons in
connection with which he or she was granted refugee status have ceased to exist; not
applicable to refugee who is who is able to invoke compelling reasons arising out of
previous persecution for refusing to avail himself or herself of the protection of the
country of his or her nationality
6. Not having a nationality, Returned to his or her country of habitual residence due to
changed circumstance; not applicable to refugee who is able to invoke compelling
reasons arising out of previous persecution for refusing to avail himself or herself of the
protection of the country of his or her former habitual residence
110) Principle of non-refoulement (p.202)
It is a principle which prohibits contracting states to expel or return (“refouler”) a refugee in any
manner whatsoever to the frontiers of territories where his life or freedom would be threatened
on account of his race, religion, nationality, membership of a particular social group or political
opinion
Exception:
When there are reasonable grounds for regarding as a danger to the security of the country in
which he is or who, having been convicted by a final judgement of a particularly serious crime,
constitutes a danger to the community of that country.
111) Elements of extradition (p.203)
SRD
1. Acts of Sovereignty on the part of two states
2. A Request by one state to another state for the delivery to it of an alleged criminal
3. The Delivery of the person requested for the purposes of trial or sentence in the territory
of the requesting state
112) procedure to be followed on extradition from the Philippines (p. 204)
R-FPJ-HADE
1. Request through diplomatic representative
2. DFA Forwards request to DOJ
3. DOJ files Petition for extradition with RTC
4. The Judge must study them and make, as soon as possible, a prima facie finding
whether:
a. They are sufficient in form and substance
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b. they show compliance with extradition treaty and law
c. person is extraditable
5. Hearing
6. Appeal to CA within 10 days whose decision shall be final and executory
7. Decision forwarded to DFA through the DOJ
8. Individual placed at the disposal of the authorities of requesting state costs and
Expenses to be shouldered by requesting state
113) Extradition vs Deportation (p.205)

Extradition Deportation
As to its nature
Surrender by force of a wanted person by the Expulsion of an unwanted or undesirable
requested state to the requesting state alien

As to its exercise
May only be made pursuant to a treaty A pure unilateral act and an exercise of
between the requesting and requested state sovereignty
As to basis
Based on offenses generally committed in the An undesirable alien may be deported to a
state of origin state other than his or her own or the state of
origin
As to place of transfer
It calls for the return of the fugitive to the An undesirable alien may be deported to a
state of origin state other than his or her own or the state of
origin
As to what state is benefitted
For the benefit of the requesting state Takes place in the interest if the country of
residence

114) Ker-Frisbie Doctrine (p. 205)

It holds that criminal defendant may be tried regardless of whether their presence before the
court was secured from outside its territorial jurisdiction by means other than pursuant to a valid
extradition
115) qualification of a belligerent force in a civil war
CECO
1. They must be Commanded by a person responsible for his subordinates
2. They must have a fixed distinctive Emblem recognizable at a distance
3. They must Carry arms openly
4. They must conduct their Operations in accordance with the laws and customs of war
116) who is hors de combat
1. Is in the power of an adverse party
2. Has clearly expressed an intention to surrender

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3. Has been rendered unconscious or otherwise incapacitated by wounds or sickness and
therefore is in capable of defending himself
117) when is passage prejudicial to peace, good order, or security of the coastal state (p.214)
TWIP-CRAMS-UFO
1. Any Threat or use of force against the sovereignty territorial integrity or political
independence of the coastal state or in any other manner in violation of the principles of
international law embodied in the charter of UN
2. Any exercise or practice with Weapons of any kind
3. Any act aimed at collecting Information to the prejudice of the defence or security of the
coastal state
4. Any act of Propaganda aimed at affecting the defense or security of the coastal state
5. The loading or unloading of any Commodity, currency or person contrary to the customs,
fiscal, immigration or sanitary laws and regulations of the coastal state
6. The carrying out of Research or survey activities
7. The launching, landing or taking on board any Aircraft
8. The launching, landing or taking on board any Military device
9. Any act aimed at interfering with any Systems of communication or any other facilities or
installations of the coastal state
10. Any act of willful and serious pollution contrary to UNCLOS
11. Any Fishing activities
12. Any Other activity not having a direct bearing on passage

118) conditions before a state may suspend the right of innocent passage of foreign ships in
archipelagic waters (p. 215)
WTSSP
1. The suspension is made Without discrimination in form or in fact among foreign ships
2. The suspension is only Temporary
3. It must Specify the areas of its archipelagic waters where innocent passage shall not be
allowed
4. Such suspension is essential for the protection of its Security
5. Such suspension shall take effect only after having been duly Published

119) rights enjoyed by the Philippines in its EEZ (p.216)

1. Sovereignty rights for the purpose of exploration and exploitation, conservation and
management, of the natural resources, whether living or non-living, both renewable and
non-renewable, of the sea-bed, including the subsoil and the superjacent waters, and
with regard to other activities for the economic exploitation and exploration of the
resources of the zone, such as the production of energy from the waters, currents and
winds
2. Exclusive rights and jurisdiction with respect to the establishment and use od artificial
islands, offshore terminals, installations and structures, the preservation of the marine
environment, including the prevention and control of pollution and scientific research.
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3. Such other rights as are recognized by international law or state practice
120) precautionary principle (p. 218)
Contained in principle 15 of the Rio Declaration:
In order to protect the environment, the precautionary approach shall be widely approached by
states according to their capabilities. Where there are threats of serious or irreversible damage,
lack of full scientific certainty shall not be used as a reason for postponing cost effective
measures to prevent environmental degradation

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