See, SAN BEDA UNIVERSITY EEE) COLLEGE OF LAW f/ 2018 CENTRALIZED BAR OPERATIONS MEMORY AID POLITICAL LAW2018 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE Over-all Chairperson Kates Jastin E. Aguilar Chairperson for Academics Christine P. Monderin Chairperson for Hotel Operations Cheska Arla C. Agrupis Vice Chair for Operations Mara Clara M. Estrella Vice Chair for Secretariat Vice Chair for Finance Vice Chair for Audit Vice Chair for Electronic Data Processing Vice Chair for Logistics Vice Chair for Membership Mary Cyriell C. Sumanqui Artlyn Gem G. Sefioran Zaire Xandra M. Reyes ‘Asmenah M. Barambangan Martin Alec N. Bautista Marvie L, Pagcaliwangan LAYOUT AND CONTENT EDITORS: Jordan N. Chavez Roger P. Cuaresma Joelle Mae J. Garcia Marie Anna Karla M. Regencia Jecko G. Bello Christopher Lawrence C. Ferriols Jean Claudette L. Galvez ‘Agatha Josephine V. Matabuena Jeremy M. Mercader Dentzen S. Villegas SAN BEDA COLLEGE OF LAW ADMINISTRATION Dean Vice Dean Prefect of Student Affairs Administrative Officer Legal Aid Bureau Director Atty. Virgilio B. Jara Atty. Marciano G, Delson Atty. Risel G. Castillo-Taleon. Atty. Francesca Lourdes M. Sefiga Atty. Peter-Joey B. Usita 2018 CENTRALIZED BAR OPERATIONS CORE GROUP OVERALL Carmelo R. Aguilar Jr, Ma. Angelica B. de Leon, Joseph Nicholas R. Serrano ACADEMICS Jecko G. Bello, Christopher Lawrence C. Ferriols, Jean Claudette L. Galvez, Agatha Josephine V. Matabuena, Jeremy M. ‘Mercader, Dentzen S. Villegas HOTEL OPERATIONS Dohn Albert E. Arquilizan, Ronalyn A. Gaeula, Ruth P. Balladares, John Paul P. Bartolome, Hannah A. Caceres, Vincent Paul C. David, Lorenzo Thaddeus Ruel D. Galandines, Tagma Esther V. Garabiles, Carlo C. Saplan OPERATIONS Roi Christopher T. Dizon, Uraulaine Grace Feliciano, Ferdinand Elbert D.Jomilla Jr, Lydia Marie |. Mirabel, Ma, Lourdes Ml Santos SECRETARIAT Ellaine “Anne L. Bernardino, Jessica Sharla G, Bustamante, Jhelsea Louise B. Dimaano, Doane Kevin P. Jacinto, Graham Edison G. Ragsac FINANCE Jenica A. Aquino, Colleen F Dilla, Lex Angélo A. Resario, Kathrina Grace C. Sanche, Meriwila R. Tulayan AUDIT Ma. Consolada V. Ben, Atra Olmaya J. Badangan, Guenavere J. Hao, Lorelie M Santos, Apollo Jullus S. Sta. Maria ELECTRONIC DATA PROCESSING Jordan N, Chavez, Roger P. Cuaresma, Joelle Mae J. Garcia, Marie Anna Karla M, Regencia LOGISTICS Daniel Philip V. Barnaches, Jose Emmanuel 1. Cabel, Sophia Victoria E. Mina, Fatima Miana J. Rodriguez, Hanz Darryl D. Tit MEMBERSHIP Eric Winson F. Cea, ‘Agatha Loren S. Edillor, Mark Benedict 8, Pranciseo, Antonio C. Manaligod IV, Justine Renee C. SisonPOLITICAL LAW Subject Chair JOHN PSALMUEL V. CHAN Assistant Subject Chair EMIL L, SAMANIEGO Electronic Data Processing YSABELLA JUSELLE L. SUMAYA SUBJECT HEADS Constitutional Law RAYMOND F. RAMOS Constitutional Law | FRANCIS ARTHUR A. CORPUZ, Law on Public Officers. KARL EARVIN M. JUSTO ‘Administrative Law PAMELA DENISE D.V. HILARIO Election Law CHARLOTTE VINA S. CASINILLO Law on Public Corporations JORDAN C. CABANDONG Public International Law VINCE NOEL L. LUPANGO MEMBERS GIANCARLO LORENZO 8. GEMPIS JEEN KATHLEE B. LIM MARY EVIELYN N. MATEO LYDIA MARIE I. MIRABEL GIZELLE KARINA D. MONTERO ‘SUELLEN C. OGENA EARL JAMES G. REYES EURIKA C. ROSARIO JUSTIN EARL DARYLL P. SALAPARE ‘AURA EUNICE S. SANTOS BEA CHERYL C. YU ADVISERS COMM. RENE V. SARMIENTO. ATTY. ADONIS V. GABRIEL. ATTY. MARICRIS B. PAHATE, ATTY. PETER-JOEY B. USITA ATTY. ZOILO A. VELASCO ATTY. EDWIN R. SANDOVAL ATTY. JOSE ANGELO A. DAVIDTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 CONSTITUTIONAL LAWI ‘THE PHILIPPINE CONSTITUTION |A. DEFINITIONS, NATURE, AND CONCEPTS Polis! Law ‘Subjects Covered by and Inchded in the Stody of Philpine Poiical Law “. Consttstonal Law 2 Administrative lw 5, Becton Law 4 Law ef Puble ffcere 5. Law on Muniopal Corporations Conettston ings of Constiutons 4. Wren or Unwition 2. Enacted (Conventions) or Evolved (Cumulative) 53. Rigid or Flexo, Effecvity ofthe Conetuton Principles of Constutional Construction 1 Verba loss 2 Rat legis est anima 5. Utmeais valeat quam pereat Sol Executing Proveion Non Sel-Executing Provision Doctrine ef Consttustonal Supremacy, '. ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION (C. AMENDMENTS AND REVISIONS ‘Tworpart let empoyed in Lambino Case to deterring whether the proposal was a revision or amendment “| Quanttative est 2 Gualtative test ‘Stops inthe Amanmonto¢ Revision ofthe Conettiton ‘The intlatwo and Referendum Act (A. Na. 6735) Doctrine of Proper Submission Date of ffecvty of an Arpanet or Revision ducal Rew of Proposals ‘Mators wnics may be reviewed by the Court 1. GENERAL PROVISIONS (CONST. Art XVI) Seon 1 Seaton 2 ‘The Fag and Heraldic Code of the Phippines Probibited Acts GENERAL CONSIDERATIONS .. A/NATIONAL TERRITORY ‘Trtor ofthe Phippines ‘Actipeagle Doctrine ‘The dointion in Ale 1 covers the folowing tertories Dafiltons undor tho 1982 United Natone Convertion on tho Law ofthe Soa, 8. THE CONCEPT OF THE STATE Stato Distinguished trom Nation Dstngulshes rom Government Elements ofa Stata Prindpls of Sovereignty and Effct of Change of Soverointy ‘Effect of Betigerert Occupation floc of Revolutionary Government Doctrine of Autor nition Imperium Dornan Pancipleof Jus Postininim ‘Government of he Repub ofthe Phlppines Gresticaton of Government Functor of Goverment 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 C.STATE INMUNITY “eat o Determine If Sut s Agalest the State Waner of State Immunity Escort Legilatve Forme of State's Concert tobe sued "- Exprass Consont 2 Implied Consent Effect where no consort is cleary shown Stat Immunity of Foreign Statos Extont of Sovareig immunity Rules Regaring Suts against Government Agencies Rules Regarding Gamnishmest or Levy of Goverment Funds n Government Depository Flos Rogarcng Paymont o Intros by Govorenent in Money Judgmonte agar Rules Rogartng Sul against Publ Offeers . GENERAL PRINCIPLES AND STATE POLICIES 1. Democratic and Republican Stato 2. Renunciation of War and Doctrine of Incorporation “Two Mathoos of Making rtematonel Laws Pat ofthe Local Laws ofthe Phaipines Rios n Case of Coie between Intemational Law and Municlpal Lew 8.Chvilan Supremacy + Compulsory Miltary and Civil Sanvce; Protection of People and Stato ‘5 Peace and Ondor General Water 68. Separation of Church ond Site 1 Independent Foi Policy and Freedom from Nuclear Weapons Socal Order ‘9. Secial Justco 40. Pal Respect of Human Rights and Dignity of Every Person 11. Right to Lio ofthe Unborn 12. Right toa Balanced anc Healt Ecology 13. Labor 44 Eonomy. 15. Agarign Reform 4. Local Autonomy, Kids of Decentralization 17. Equal Access o Opportunity for Pubic Service 416, Honesty ang itegny fh Pubic Service 40, Full Public Disclosure of all Transactone Involving Pubte Intrest SEPARATION OF POWERS Principle of Blensng of Powers F. CHECKS AND BALANCES. Testin determining whather 2 gen power has been val exercised by a pareuar department G. DELEGATION OF POWERS Principle of Non-Delogabilty oF Logislave Power ‘Condon forthe vesture of emergency power nthe President Power to Declare Sato of Emergency ¥. Emergency Powers “Twosold eet or Vals Delogaton ‘THE LEGISLATIVE DEPARTMENT Legisiatve Power, Detinod PEOPLE'S LEGISLATIVE POWER THROUGH INTIATIVE AND REFERENDUM Classes of inttve {iitaton on Local iniatve LUntaton on Loca Legislative Body Ws-a-s Local infative Classes of Referenda Proalden’ lagllatva power during morta ew ond under a revlvianary goverment Presiden! doos nt have lslatve power ving maral aw under to 1887 Constluton HOUSE OF CONGRESS. ‘Composiion/Qualifcations/Temns of Offce Residence “Thecry of Legal mpossibity COMELEC cannot eniarge he constutonal requeemerts ROUSE OF REPRESENTATIVES, ‘Qualffcaions under the Contato: “Untoes thorwie fixed by lan” ‘Gorymangering, PARTY-LIST REPRESENTATIVES ELECTIONS Rogular Special Vacanties Salaries Logilatve Prilogee/Partamontary Immunities ‘Roguivemerts o aval ofthe pvioge o speech ard debate 1 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Disqualifcations and inhibitions SESSIONS ‘Regular Sessions Special Sessions Election of Senate President, Speaker ofthe House, and Other Oficers QUORUM AND VOTING MAJORITIES Discpin of Members ‘Matters Mandated by bie Genstttion to be Entered into the Journal Enrolled Bi Theory Adjournment THE ELECTORAL TRIBUNALS Independence of Electoral Tribunal COMMISSION ON APPOINTMENTS. BOWERS OF CONGRESS. Legsiatve Nom-Leqisative LUmitations onthe Pome of Congress Hodgepodge or log-oling lgilaton Bleameral Conference Commitee ower of Appropiation CGassicaton of Appropriation Laws ‘The Government Budgeting Process Pork Barre Unconststena! ‘Congressional Pork Bares unconsttatonal {imitations onthe Power to Appropriate Prohibited Grose Border Augmertatlons DAP (Disbursement Acceleration Program) UUnprogrammed Funds Discretonary Funds LEGISLATIVE PROCESS Pocket Vato Presidential Veto LeglelatvelCongressional Veto Foner ot Legitve tvesigaton and Oversight Function Liatons on the Power of Legislative Investgaion Powero Issue Summons Power to Punish Contempt ‘Continuty of Legisitive Inquises ‘Applcabity of Sub Juaie Rule fo Legilatve Inques ‘Oversight Functon or "Question Hour” Post Enadment Measures Undertaken by Congress (Categories of Congressional Oversight Functions Executive Priviege ‘Operational Proumty Test ‘THE EXECUTIVE DEPARTMENT Executive Power ‘Quatfeatons ofthe Prestient and the Viee-Preslant ELecTiON Congress as Canvassing Board ‘SC ae the Presidential SlecoralTrbunal PRIVILEGES Duration ef Presidential munity Reeuistes forthe execsve privlege tobe validly claimed bythe Presicent : Scope of Executive Privloge Powers ofthe Present Power of Aomnisratve Recrganzaion Kinds of Presceniat Appointments Exception fo Midright appointments “Three erke Rule Appointments Requsing the Consent of the Commission of Anpoineyents ‘Ropoiniments wth Prior Recommendation or Nomination by he Judie and Bar Counet ‘Appointnents Requting Nemmabore by Mut Sectoral groupe ‘Appointments wihout eed of CA Confmation| ‘Appointing Procedure for those that need CA Confimation Doubleniutiple Offces Power ef Supervision Destine of Guatfed Poltical Agency or Altar Ego Prince Effects of suspension of piviege ofthe writ ‘Constiuitonal lations en the suspension of the privlegeof the wrt of habess corpus and declaration of mart aw ‘Ration of Congres to revoke of extend the ettostly ef proclamation ‘Ways to lit the prolamabon oF suspension MILITARY POWER (Marta! Lew) Doctrine of Non-Diminuton Nor Impaimart ofthe Preskent's Power of Pardon Kinds of Pron ae) 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Amnesty Remision of fes and foetures “Treaty Maing Powes and Raication ‘Conatons forthe Exerese of he Present of Emergency Powers Galing Out Power of the President. Emergency Powers RULES OF SUCCESSION ‘A. Present 8. Vice-President Procedure Cares of Vacances in he Office ofboth Presi ‘Succession in Cate of Disb Seroutliness of he Present ‘THE JUDICIAL DEPARTMENT JUDICIAL POWER “taredioton Expanded JuscStion and Authorty ofthe Supreme Cour (Grave Abuse of Discretion Amountng to Lace of Jureeion Limtaton of Jia! Power LDICIAL REVIEW Dectine of Juda Supremacy ‘Regus of Judi Review ‘Noteiabie Controversy ‘usielabty Reguirerente ‘Woot Questions era inerpretton on Standing for Constitutional ssues Surumary of Rules on the Lineal Approach on Locus Stench Feeia Chatenge Functions of Judea Revew Effect of Declaration of Unconstonalty ‘Operative Fact Doctine ‘Ssteguards of Judicial Independence user Restrnt ‘Appointments to the Judiary, Requirements Power to Dscpine "THE SUPREME COURT Gases 1 be Heard and Deciced En Bane Bhision Cases Period fr Rendering Decisions Powers ef he Supreme Coun SUDIGIAL AND BAR COUNCIL Postions Requiring he Screning and Nomination by the J8C ‘etal Prvioge 3 and Vice President 82 CONSTITUTIONAL COMMISSIONS ..... Pronibitons and iniione Safeguards that Guarantee Independence of Commiesion Decisions ofthe Commasion Review of Pinal Oder, Resolion, and Decisions Manner of Review |. CIVIL SERVICE COMMISSION Scope of Givi Service Pantean Police! Actvty Role of he Ci Serie Commission in Appaintments Secutty of Tenure and Retraval Non-compative poste ao erjoy secur of tenure Sel-Organzation Funeiions of tie CSC as the Cental Personnel Agency ofthe Government = Pronibiten against Addtonal and Double Compensation 11. COMMISSION ON ELECTIONS. ‘Quatitcatons Engaging nthe Practice of Law ‘Appointment and Term ‘Consttutonal Powers and Functor Regulation of Pte Utes, Media, and Franchises Rules on the Exoraca ofthe COMELEC of tr Qu uci Powers dlc Rewew of tie Decisions ofthe COMELES 1. COMMISSION ON AUOTT Compositon ‘Guaiteatons ‘Appatnment and Team Powers and Duties of COA "The COA has post sudting authority Iv | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 COA's non-exciusve power to aust ‘Suradition of tye Commission NATIONAL ECONOMY AND PATRIMONY 00. evtenenseenn TO “Three teld Goal ofthe National Economy Ragalian Doctrine (Jura Regalia) Litatons on te dlspostion of he State ofabenable lands of the pubic domatn Pubic Uses ‘Cacsitcation of Lande of the Pubic Domsin Requirement of Reclasetcation or Conversion Prvate Lancs Practee of Professions ‘Organizaton of Corporations Monopotes, Restrnt of Trace, and Unfal Compettion “Temporary Takeover of Business Afocied wen Pubse interest SOCIAL JUSTICE AND HUMAN RIGHTS 0... 72 ‘Social Justce as ervsioned by the Constitution Socal Justee ‘gratia retor, contol over agri lands ‘COMMISSION ON HUMAN RIGHTS: ompositon ‘Qealitetens Powers and Functions Lurntaton onthe powers of he CHR. EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS 0... 74 Principal Characierstics of Education which the Stato mus! Promole and Protect National Language ‘Rcadamie Freedom ‘Aspects of Academic Freedom Three Views Regustes o Dues Process for Students before Impostion of Disiinary Sanctions “Termination f Contract Rule THE FAMILY CONSTITUTIONAL LAW II FUNDAMENTAL POWERS OF THE STATE 100 eH T FUNDAMENTAL POWERS OF THE STATE 4: Poice Power 3. Taxaton LUmtation af the inberent Powers ofthe State ‘Simlanties among the Furdamental Powers 5 A.POLICE POWER ‘Basin Fundamerial Loga Principles Basic Limtatione on the Exerciea of Poce Power Requisite for Vall Exercise of Pole Power Exercise of Police Power, n General Exercise Must Not Be Arirary Exercise of Police Power Essentially Legeatve Power of manent Domain and Taxation as eploment of Police Power ‘Zoning Ordnance as Vatd Exercise of Potee Power Supecoty of Patce Power 8. POWER OF EMINENT DOMAIN ‘Two Stages of Eminent Domaln Cases FRoguiits ofthe Exercise of Eminent Domain Eft of Lose of Pube Necessiy, Etec! of Abandonment of Intrsed Use an Right to Repurchase Instances of Taking Instances of Conetrucive Taking Subject Componcation Regulsttes of Actual Taking tect of taking without goa through the legal process Fir Market Value 'Non-Payment of Just Compeneaion as grounds to recover Property Expropriation as Exercised by LGUs tough a Vabd Delagaton C, POWER OF TAXATION Uteoleod Doctrine OL# SAN BEDA CENTRALIZED BAR OPERATIONS |vTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Scope ot Taxation Wino May Exercise Limations on the Powe of Taxation (Double Taxation Tax Exemplons nities ard Matter Exempt fom Some Kinds of Taxes by the Constton ARTICLE Ill; BILL OF RIGHTS «000mm Private Acts and the Bl of Rights Drmacy of Human Rights Hierarchy of Rights ‘UE PROCESS OF LAW Rights Protected by the Oue Process Cause Essence of Ove Process ‘Aspects of Due Process Fogulsites of Substartve Due Process ‘Two Areae af Appleton of Procedural Ove Process : [ADMINISTRATIVE DUE PROCESS. ‘Administrative Due Process Only Applicable in exercise of QuasiJusclal powers ‘Appeal and Due Process ‘Avaiatlty of Due Procees in Exradon Proceedings ‘Rvalatlt of Due Process n Deportation Proceedings CConstuiinal and Satucry Due Process, VootocVaguaness Rule ‘Due Prozees as Linton of Pale Power EQUAL PROTECTION OF LAW ‘Rquistes of Vale Cassieaton Doce of Reatve Conetttonalty or Pinciple of Aared Circumstance ‘Section 2: SEARCHES AND SEIZURES ‘Scope of Pratecton ‘Avalatty othe ght ‘Searches ana Seaures, When Unreasonable Reasonableness is Judicial Question Requistes ofa Vali Warrant [Spectic Kings of Probable Cause Fequsite fora Vat Jucca Determination Determination of Probable Cause i Not Requted in Deportation Proveedings ath ‘Atemation dota Doe Warrants Scattershoe Warrants General Warrants Exclisenary Rule (Fut of the Polsonous Tres) Recovery of Sez Aricies ‘iarantless Atests, When Vaid Reliable information does not Satisfy ‘Personal Knowladge” Requiemert ‘Appeation fr Bal Nota Bar Yo Question Valty O arrest ‘Aamilevatve Arrest, Waarrailess Searches, When Vallé Requlter of a Vaid Checkpoint Pian View Doctine Drug, Alcohol and Blood Tests under RA. 9165, Kockeand:Announee Principle ‘Seution 3: PRIVACY OF COMMUNICATION AND CORRESPONDENCE Requstes of Existence of Right o Privacy Reasonable Expectation of Privacy “Three Strands of the Fight to Pvacy Forms of Corespendence and Communication Covered ‘Ant.Wre Tapping At (A. No, 4200) Fight to Privacy of Detainees LUmtation under the Human Secunty Act (R.A. 9972) Right to privacy m one soca reworking Meaning of nity Engaged inthe Gathering Oatat under the Rue on Habeas Osta ‘Section 4: FREEDOM OF EXPRESSION ‘valabity ‘ual Aspect of Freedom of Expression LUmtation on te Proton of Prot Restraint ‘eet of Permasble Prot Rosaint DDectrnes Appled to Free-Speecn Cases | 208 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 4. Facil Chatenge 2. overbreadth Doctrine “Tost for Valié Government rerterence to Freedom of Expression Heekers Voto ‘Stato Regulation of Diferent Typos of Media Commercal Sposch rvtoge Communication kinds ef Piiloge Communication FRequisitos to invoke Gualfed Prioge Communication Public Interest (Catilsm of an Offa Conduet Pubic Figures ‘Ube! againet Pubic Offcis arid Public Figures FRoguiation of Spesch During Elections ‘Fest of Obscenty Hlorarchy of Rights ‘Scope of State ogultion of the Right o Ascomby ‘Fonte ofa Lawiul Assembly Applying fora Pernt © Astombie and Patton Procedure under BP. 00, ‘Demonstration within the Vint of Cours Demonstration in Schoo! Promises Right of Association ‘Section 5: FREEDOM OF RELIGION Reigion ‘Approaches of Couns to the Freedom of Reon “Three (8) Principal Pests of Sesion 5 ‘Manifestations of the NonEstabiahment Clause under the Consiution __ Instances of Non-Vilaten of the Non-Estabinmert Clause Freedom to Bolave not Subject to Regulation ‘Compelling students to salute lag during fag coremony violates reigious freedom ‘Courts have no conta on dcpine of religous members “Teste in Determining Free Exercise Cisuse Violations ty of Adminsirative Agancy to Reguste Access itions on the Access to Ivormation ‘8: RIGHT TO FORM ASSOCIATIONS ‘8: EMINENT DOMAIN 40: NONIMPAIRMENT OF CONTRACTS. "re is Imparment 31: FREE ACCESS TO COURTS. {Natural Persone Only 7 a Asintancs ct of 2010 (R.A No 9855) Metts for Avaiment of Frow Legal Services Iidatory Logal Ald (Bar Mator No. 2012) AZ RIGHTS OF SUSPECTS UNDER CUSTODIAL INVESTIGATION Sf Suspects under Custodial Investgation othe "Mirena Rights of Involuntary 0 Coorced Confession subject tothe Exclsionary Rule Gs Used bythe Phippine Nationa Poi to Comply wt Section 12, OF Agmissible Extrapciial Confession 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | viTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Poice Lines ‘Section 19: RIGHT TO BAL Fone of a ‘When Balle a Mater of Right ‘When Bails Matter of Discretion Bal Exception fo the No-Ball Rule Standards for Fxing Amount of Bat Cancelaion of Bal Secton 14: RIGHTS OF THE ACCUSED ‘Grminal Dus Process and Pubic Reasonable Doubt Equpoise Rule Rigs fo Couree dung Tl Factors to Consider Wether Right 0 Speedy Tis Vitstod Waiver of Speody Til Fight ava rao not avaiable outside tal Waiver of ight to cress-examination quis for Tal n absentia Tests of Proprety for he Issuance of Subpoena Duces Tecan Secton 15: WRIT OF HABEAS CORPUS Ertecs of Absence of Preliminary investigation flocs of Release of Detained Person Privilege ofthe Wrt of Habeas Corpus rtf Amparo Enforced Desappearance anc Exajudica Ksings ‘Admissbilty of Hearsay Evsence No Presumption of Reguarty of Prfomence of Ofc! Function Wat of Habeas Data Wet or Kattasan . ‘Secton 16: RIGHT TO SPEEDY DETERMINATION OF CASES Secton 17: SELFNORIMINATION Incrmination queston Who May invoke the Right against Sentimination ‘Section 18: NON-DETENTION BY REASON OF POLITICAL BELIEFS OR ASPIRATION involuntary Senvitude ‘Section 18: EXCESSIVE FINES AND CRUEL AND INHUMAN PUNISHMENTS. ‘Section 0; NON IMPRISONMENT FOR DEBT [SP 22 (Bouncing Checks Law), sxc gone cra zor emer, ara ae oc fang Se cence ae ‘Section 2: EX POST FACTO LAW and BILL OF ATTAINDER EePost Facto Law da of Ex Peat Facto Laws Bil Ataindor ARTICLE IV: CITIZENSHIP Modes of Acauiing Citizenship Sesion {CITIZENS OF THE PHUPPINES Garam Rule Secon 2: NATURAL-BORN CITIZENS : Election of Phiippine Ctzanship of Those Bom wih Flin Mothers : Founding as Natura-Bom Caizone NaturaFom Ciizns and Public Oice Naturatzation| Modes of Naturalization Doctne of Indelble Alogtance ‘Quatteation for Naturalization Disqualification for Naturatzation Procedure for Naturalization vil | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS.TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effects of Naturalization Grounds for Denaturaleaton ‘dmiisvalve Neturaizaton ‘oploation of CA 473 and RA 9139 ‘Seoton 3 and 4: LOSS AND REACQUISITION OF CITIZENSHIP {oss of Prigpine Citizenship CColatere’ Attack on Citzpnship is Probes ‘Ros dusdoalain Citzenship Caos ‘Rescquistion of Cttzenship ‘Seaton 5: DUAL ALLEGIANCE Dual Chizenship and Publ Ofte HUMAN RIGHTS ose : ate abet 137 Human Rights Defined Human Rigi in the Phppines Sources of Human Rights Law Beale Charactoretics of Human Rights Generation of Hunan Rigs Rights under the Fret Generation of Human Rights Torture, Cue, aman or Degrading Treatment and Purishent Right under the Second Generation of Human Rights Rights under the Thr Genocstion of Hunan Rages Remedies THE COMMISSION ON HUMAN RIGHTS (CHR) Compoetion and Qualicatens PPowors and Funcions ‘nvetigatory Body LAW ON PUBLIC OFFICERS GENERAL PRINCIPLES Law on Pubic Oftcars| ube Ofce Elements of Pubic Offco Manners of Groation (Characters ‘Betntions of a Public Offoor (Gassticaten of Pubic Ofcar MODES OF ACQUIRING TITLE TO PUBLIC OFFICE 1.8y ection 2 By sppobiment Nature of Appoinments Requiste fora Vat Appointment 142 143 MODES AND KINDS OF APPOINTMENT ea ‘According to Term of Appointment Power othe President make Temporary Appoiniments Power to Appoint by the Prosidon Granted by law Cannot Be Delagated ‘According to When Appointments Made Reappohtment ‘Midnight Appoiniment DE FACTO OFFICERS 145; 17 ‘THE CIVIL SERVICE... oat Scope ‘Compositions : Independence of a CSC PRR + Government Corporations with Orginal Charters : : (Chartor Test : Function of Ment System Protection Board (MSPS) in adninisratve cases rarsered tothe SC = (lassiication of Postons inthe Cl Serves 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xTABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 Exempted tom Competiive Examinations Personnel Actions ‘Automate Reversion Rule Requistes of Automatic Reversion Rule Grounds for Disciptnary Acton ELIGIBILITY AND QUALIFICATIONS: bitty Engi Nature of Right to Hold Pubic Ofice LUntations in Prescribing Qualiicatons Presumption of eighty DISQUALIFICATIONS AND INHIBITIONS . Dsqualfeations ‘Daqualifcaions under the Consttuton ‘Dqualteaton under the Local Government Code Nepotsm Nepotom under the Conatuton Exemption under the Nopotsm Rule Inebitons under the Constttion POWERS AND DUTIES OF PUBLIC OFFICERS Authottes of Pubic Oficers Doctine of Nocessaryimpeation Constuston f Grae of Powers Doctrine of Qualifies Potical Agency (Aer Ego Panne) Source of Powers of Publis Ofcers, CLASSIFICATIONS OF POWERS AND DUTIES DUTIES OF PUBLIC OFFICERS Doctrine of Inappleatly of Estoopel Against Goveenment RIGHTS OF PUBLIC OFFICERS Elements of Salory asa Right MODES OF TERMINATING OFFICIAL RELATIONSHIP 1. Expiration of Tem o° Tenure 8. Accomplishment of fe Purpose CC. Reaching the Age Lint 1 Resignation Abandonment F Acceptance cf an Incompatible fice G. Removal Hi Recat impoactment 4: Abolition of Oc i Preorpten ofthe Rights to Offe= C Death Ni Faluro to Assume Office N Gondsten ofa Came TERM LIMITS .. Tern v. Tenure Term Limit TERM LIMITS OF APPOINTIVE CONSTITUTIONAL OFFICERS TERM LIMITS OF ELECTIVE OFFICALS. APPLICATION OF THE THREE-TERM LIMIT LIABILITIES OF PUBLIC OFFICERS Enlorcenbilty of Liabity of Puble Oftoars Labi of superar Ofte ‘Anas Doane Three Fold Usbity Rule Criminl Libily of Public Ofteere Cua Lstity Ligoty of Nnisterat Ortors Doctrine of Condonaion (Aguinaldo Dectine) Doctrine of Condonation, Abandoned ENFORCEMENT OF LIABILITY OF PUBLIC OFFICERS .. PREVENTIVE SUSPENSION ‘ality of incointe Suspension Two (2) Kinds of Preventive Suspension of Civil Service Employees | 2OI8 SAN BEDA CENTRALIZED BAR OPERATIONS, 153 155 158 160 162 165 vo 167 170TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 RULES ON PREVENTIVE SUSPENSION ‘APPEAL BY CSC ANDIOR GOVERNMENT PARTY ON MODIFICATION OF ITS DECISIONS IN ADMINISTRATIVE CASES IMPEACHMENT IMPEACHMENT PROCEDURE . ‘ADMINISTRATIVE PROCECOINGS UNDER THE OMSUDSMAN Powers of te Ombudsman ‘dudeial Revew of Decisions rendered Administrative Proceedings before te Ombudsman ‘CRIMINAL PROCEEDINGS BEFORE THE SANDIGANBAYAN. Composition “atest | ‘CIVIL PROCEEDINGS TO RECOVER ILL-GOTEN WEALTH IMMUNITY OF PUBLIC OFFICERS FRatonale for Grantng neurity Innmunity fem Su othe Pres dent “Term of rm ADMINISTRATIVE LAW GENERAL PRINCIPLES .. ‘eminatrative Law Sources (nn and Development ‘Scope of Aminstratve Law ‘eminatralion understood in two sents: "1 As aninetbon 2° Ag atunetion ‘Two Aspects of Admieisration as Function Chetcaion of Asmiietratve Law a Srcre 178 ADMINISTRATIVE BODIES OR AGENCIES ... ‘Administrative Agency [Necessity forthe Creation of Asminisrauve Agencies {Types of Adminitrative Agencies Rerinistrave Relatonehpe ‘Supervision aa Ctra ‘amiisralve Superson ‘Atscnment Felatonship of GOCCs to the department Relatonsn sf reguatary agencies tothe department 180 ORGANIZATION OF ADMINISTRATIVE BODIES OR AGENCIES : [Manner of Organization A.creston ‘Tavee Ways of Creatng 2 Puble Offea/Adminitratve Agency ‘Admbisivaive Agerctes Drety Created by ne 1987 Gonstiiton Power ofthe President to Create Pubic Ofc CCenetiaionaty ofthe Philippine Trth Commission PTC) ‘Granance Power ofthe Present 1. Reorganization of Administrative Agencies Reorganization, How effected Bases o the Power of he President to Reorganize ‘Test of Vabaty & Reorganization Reorganization as a Vaid Cause for Removal CGreumstances Which May Be Considered as Evidence of Bad Fait . Abatton of Administrative Agencies ‘bation ‘Nenner of Abotin “Tost of Vay of bolton 1. Deactivation of Administrative Agencies Deactivation Deactivation v.Abotton POWERS OF ADMINISTRATIVE AGENCIES eeeaens 184 Express and implied Powers Doctine of Nevessary Impzation ‘Reminisrave Function Powers of Adminatatve Agencies 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |x!TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘A. Quaci Logelative or Rule-Making Power Practeal Necessiy of he Rule-Making Power kinds of Asminietatve Rules and Reguiatons Requisites fora Vaid Administrative Regulation ‘eats of Vaid Dalagation Effect ofa Rule Which SubstantalyIncroases the Burden ofthe Governed ‘Standard of Reasonabieness Instances of Reasonable Reguaton ‘Adminitrative ules wth Penal Sanctions Rquistes for Val of Adminitrative Rules with Penal Sanctore “lutea to Determine Vabety of Asminstative Regulations Doctine of Legisatve Approval by Re-Enacimert Doctrine of Judicial Respect for Adkinistvaive Constucion Operative Fact Doctine 8. Quasluccial Power or Adudeatory Power Reason for Grant of Quas-duiial Power Requteltos for Proper Exerase of Qual luda! Powor ©. Determinave Powers Keminiatrative Due Process Cardinal Principe "tte of Vclaton of any Cardinal Pinapies of Due Process in Administrative Proceedings ‘Quantum of proot in adrinistraive proceecings ‘Appleablty of Rules of Cour in Admanistalve Proceedings ‘Arallabily of Right agalnetSetnerimination ‘Avalabiy of Right io Course! ‘Administrative Oeterninatone Where Notice end Hearing ere Net Necoseary ‘Cassmeaton of Determinatne Power Fact-Finding or Ivestigatoninquistoial Power Purposes of Grant of Inveshgatory Powers Fight te Gouneel in Administative Investigations, Not Mandatory Exclusonary Rue in Custodial Investigation, Not Applicable in Adrinistatve investigations Root tobe Informed of Finding and Recommendations of iwestgation Comat, Net Obigatoy “The (3) Basle Principles in Adinistatve Investigations Intec by a Comply ‘Teette Determine Whather an Admiictrative Bodie Exereaing Judi Functions or Merely nvestgatory Funetons Power tox rates, wages, ad prices Factors to consider rate bung, LUcensing or Enabling Power 1. As to Degree of Subjective Choice 7 ‘A Discretionary Power 8, Mristenal Power Nenateial Act FRemeay for falure o refusal o perform ministerial uty ‘Admiisatve Appear Review Manner of Enforsament of Administrative Decisions Admiistative Res Juceats JUDICIAL RECOURSE AND REVIEW .. Seas Judit Review of Administrative Decisions Bases of Jusicial Revew of Admistative Determinations ‘Questona Reviewable on Judeiat Review Extent of ciel inlarferenos or Review Purpose of Judicial Reviow Roquistes of acai Review Doctrine of Primary Adminitrative redcton (Decne of Prior Resort) Reasons forthe Doctine of mary AamistratveJusection DDoctnne of Exhaustion of Administrative Remedies Reasons forthe Doctrine of Exhauston of Administiotive Remecses Effects of Falure to Exhaust Administrabve Remedi “aieta Rett rom Threatened Acministatve Action Factual Findings of Administrative Agencies: Substanday Eveence Ruse Doctrine of Finely of Adminatratve Acton Doctine of Ripenest fr Judeial Reverw Doce of Non ntecorence ef Tal Courts wih Co-Equal Administrative Boies : ELECTION LAW GENERAL PRINCIPLES ‘Theory of Popular Sovereignty sii 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 feof cope of Eiecton Kinds °F Escetion Adopted in the Philippines tem ‘syeiton Period exeunan ng Kaban, sation Kabataan Elston sion ON ELECTIONS rie com at a ot Bet ease Scan en er eg od cc nt Sesgeneerniouuummaae Biel iy Se ite sy no emee ee ate Mea AON tomes Se cf ten 2 Ser Pet sense fonrb poses muienton AND REOSRATION oF VOTERS usurrentes Sant errs as or Carlin and Posingcf he Cid List of Voters rpaetchdnang egerton vom Se re peat eRe ate Sane vie Seaton 2 Boer imees Rehston 201 204 aan ot ao ecto i : Repeater levees oo os seated ae aol Sens gat t enereron Senco cea vor (eo eater ovens aS ht sees Decent 2 erg Proce Ieuson _— ea ee mmcetn ne Hae ren cn Soa com at sein Seton ant aren een er Fae rc ky Greve a test posed nly CANDIDATES AND CERTIFICATES OF CANDIDACY Genaoate Seaications Qeattoney”n Eleton La ‘icin ee, ihe Oona econ 2 Grounce fot Degualficaion under Omnibus Electon Code ona Crs tue Goverment Goce Disarieare OF CANDICACY. eetatroma bance cartel Crane Forma eericate of Candidacy cn those who are Public Ofc sain creat hag fore we Pat Ont eet Fg solar Certieate of Canciacy TUTION OF CANDIDATES SUR Sytes for a Vals Substtuton use ot Subettuton of Candidates Is Allowed ire Sumame POmCY 1212 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Minsteral Duty of COMELEC in Receiving COGs Nusance Candidates Rationale Behind the Proton Against Nulsence Cancidates Insttuton of Petiion to Deny Due Course o” Cancel Certeale of Candidacy of Nuisance Canidae Votes Cast for Nuisance Cenescate are Not Stay Votes Misrepresentaton, When Material Good Fath ae 0 Defence Ete of Grant of Patton under Section 78 ‘The Maquting Docrine Effect of Grart of Disqualtcation under Section 68 LONE CANDIDATES LAW (RA No. 8296) ‘CAMPAIGN; ELECTION PROPAGANDA; CONTRIBUTIONS AND EXPENDITURES 220 Elacton Campaign Expressions of Poliical Opinion Not Necessary Election Campaigning Dronbited Electon Campaign Acts RA. 0008-—FAIR ELECTIONS ACT {awl Elston Propaganda (Use of Pottcal Jingles Candidacy of Mesa Personae ‘COMELEC Space COMELEC Time Rates for Policl Propaganda Election Surveys Est Pote Right to Reply Proniited Fors of Election Propaganda Eleuorl Contibtons Prohibited Contbtions Prohibited Sotetatens o reception of Contibutons Elocoral Expendtures Donations included in Allowable Expenditures Liman on Electra Expencturee Statement ef Corbutons and Expenses Etteis of Faure to Fe the SOCE AUTOMATED ELECTION SYSTEM pve ‘Automated Election System Si Governing Law 225 ‘THE BOARD OF ELECTION INSPECTORS AND WATCHERS ..... 225 ‘BOARD OF ELECTION INSPECTORS ‘Qualfeatons | Dequatfestions Arrest of Absent Members Minutes f Testing and Sealing; Voting and Courting ‘Supper Stat Powers and Functions Proceedings of he BEL WATCHERS Principal Pll Watchers ‘Quatfeations of Pol Watchars Rohs ang Duties FINAL TESTING AND SEALING ......... : ae 228 Period for Testing and Sealing of PCOS Machines Notice of Conventng DATE, TIME, AND PLACE OF VOTING ............ oleate teeth 228 Date of Election Place of vonng Poting Pace Persons Alowed Insde the Poling Place Persons Not Alowed io Ener the Poling Place orte Stay win a SO-meter Rad terest VOTING ..... Who May Vaie iterate and PWD Voters ‘Chalenge against ileal Voters Chalenge based oncortan legal Acts Rules tobe observed curing the Votng Procedure forthe Casting of Votes Manner of Votng Procedure for Rejected Ballets 229 xiv | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Voter Verifeation Papor Audit Tail (WVPAT) ‘Other Prohibited Acts during Voting Promature Anpouncernentof Stale of Pots COUNTING OF VOTES, TRANSMISSION OF PRECINCT RESULTS, AND CANVASS Electon Returns Random Manual Aut ‘The Board of Canvessers National Board ef Canvassors local Board of Canvascars Drawing of Lots in case of Tle ‘THE PARTY-LIST SYSTEM The Party-ist System Purpose Detinons REGISTRATION TO PATY-LIST SYSTEM Retusal andor Cancolation of Rogistaton Pramotare in Dotomining Who May Parclpate NOMINATION OF PARTY-LIST REPRESENTATIVES, ‘Qualitcaions of Party List Representatives ELECTION OF PARTY-LIST REPRESENTATIVES Manner of Voting “Term of Ofice of Paty-List Representatives Eftect of Change of Aflaton REMEDIES BEFORE PROCLAMATION 7 eae see 238 ‘Detnoation of Jurisdiction of Congrocs 06a National Bard of Canvassors and te Flector’ Touro [REMEDIES or ELECTION CASES BEFORE PROCLAMATION 232 233 ELECTION CONTESTS: a : Election Contest “The Proper Remedy After the Procamation ofthe Wining Cancldate CCompositon of HRETISET ‘ppelate Jutadicton over Elocson Const KINDS OF ELECTION CONTESTS [PROCEDURAL FLOWCHART OF ELECTION CONTESTS BEFORE THE COMELEC ‘Stmmary Dismissal of Electon Cantet Grounde for Summary Dismissal, [Mattrs Considered in Mandatory Preliminary Conference ELECTION OFFENSES .. eee Some Protbited Acts under the Omnibus Election Gade ‘jredcton over Election Oferaes Breserptive Pecod for Electon Offences LAW ON PUBLIC CORPORATIONS GENERAL PRINCIPLES .. 242 248 ‘eats to Determine Whather a Corporation is Government Owned or Coniroed or Private f Nature MUNICIPAL CORPORATIONS OR LOCAL GOVERNMENT UNITS Elements of Municipal Corporation Dust Natur of Municipal Corporations “Types of Municipal Corporabors LOCAL GOVERNMENT CODE: R.A. No. 7160 ... Declaraton of Poy ‘Operatve Prncples of Decertraization Prmapies of Local Autonony ‘Concept of Association Unconstitutional Saont Features of he Local Government Code ‘nas of Autonomy ‘Three Fors of Decoration seal Fiscal Autonomy ‘erro and Poliial Subdivisions Enjoying Local Autonomy ‘Role of Local Government Unis 256 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xvTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 CREATION, CONVERSION, DIVISION, MERGER .-occsnnennes se 260 AND CONSOLIDATION, AND ABOLITION OF LGUs ‘Audnoty to Create Local Goveramont Uns PLEBISCITE REQUIREMENT ‘CREATION AND CONVERSION OF LGUS Manner of Creation of Us DRISION AND MERGER of LGUs ‘ABOLITION OF LGUS ‘CORPORATE EXITENCE OF LGUs Mode of ing to Legal Existence ofan LGU Effects of Anoenatin/Consobdatin of Murcipel Corporations Naming of LGUs and Publ Places, Seats and Strut neato GENERAL ATTRIBUTES AND POWERS OF LGUs ‘Soureas of Power of Municipal Corporations Interretaton ofthe Provisions ofthe USC POWERS OF LGUs Tests to determine the vaisty of police power measure ‘Twopronged test under Mosquede Case LLGUS Have No Authonty to Tax Natonal Goverment ‘Acsusiion oF Dspostion of Property (tra Vies Convacts Power License LOCAL INITIATIVE AND REFERENDUM MUNICIPAL LIABILITIES abies of LGUS under Specie INTERGOVERNMENTAL RELATIONS. 278 Nationst Superson over LGUs INTER-LOCAL GOVERNMENTAL RELATIONS .... Cooperative unceiakings among LGUs ‘SETTLEMENT OF BOUNDARY DISPUTES . LOCAL OFFICIALS Local Elective Postions| Sectoral Representation in the LGU Legistatve Bodies Ustof Loca Elective Positons (Quolications of Eoetve Local Offi Diequaticaions of elecive Local Oticits Test of when Term Lint Rule Apples Manner of Election Prohiivons ara ititons Applicable to Elecive and Appolntve Local Oficale . KATARUNGANG PAMBARANGAY “Lupong Te Functions ofthe Lupan ‘Subject Matter of Arcable Settoment nthe Kataangang Pamnberangay Procedure Amicable Setfemect VACANCIES AND SUCCESSION Permanent Vacancy Rus on Succession incase of Permanent Vacancy ‘Second Pracr Rule ‘eoqureront forthe Appointoo ‘Suovession and Fling up of Vacancies nthe Sanguniang Kabataan! DISCIPLINE OF LOCAL OFFICIALS ‘Grounds for Diecpinary Acions of Elective Local Ofiiie ‘iuredsion Notice of Hearing owor of Ombudsman to Impose Administrative Sanctions Preven Suepension of Local Oficle Pending Investigation Fights of Respondont On AdminisratveInvestigaton Ana Diepinary Proceedings ‘xiministratve Abpea! ‘Appoint Local Ofetals RECALL . Unitatione 285 27 201 vil 2018 SAN BEDA CENTRALIZED BAR OPERATIONS.TABLE OF CONTENTS SAN BEDA MEMORY AID 2ols leation ofthe Recall Procass: Pronion tom Restanaton PUBLIC INTERNATIONAL LAW GENERAL PRINCIPLES be Internatonal Law Prat ntorsational Caw Shoots of Thought on Pubic International Law INTERNATIONAL AND NATIONAL LAW ee ‘Theoretical Approaches tothe Relationship betwoen inom Niaional Law ‘Theories eso Mannar of Adopting nternatonal Laws as Prt ofthe Law othe State SOURCES Sources of rtomational Law Functions of uty [A INTERNATIONAL CONVENTIONS (TREATY LAW) BB INTERNATIONAL CUSTOMS (CUSTOMARY LAW) C. GENERAL PRINGIPLES OF LAW ‘D JUDICIAL DECISIONS. © TEAGHINGS OF THE MOST HIGHLY QUALIFIED PUBLICISTS OF THE VARIOUS NA TREATIES . Mejor Codification of to Law of Treatios ELEMENTS OF A TREATY KINDS OF TREATIES STEPS IN TREATY MAKING. INTERPRETATION OF TREATIES CONFLICTS BETWEEN TREATIES RESTRICTION ON THE SUBJECT MATTER OF TREATIES ACCESSION RESERVATION AMENDMENT OR MIDIFICATION OF TREATY ‘TREATIES MAY BE INVALIDATED ON THE FOLLOWING GROUNDS ‘TREATIES WAY BE TERMINATED OR SUSPENDED OUTRIGHT ON THE FOLLOWING GROUNDS FOR THE TERMINATION OR SUSPENSION OF A TREATY Doctine of Unequal Treaty FUNDAMENTAL PRINCIPLES CONCERNING TREATIES. SUBJECT AND OBJECT OF INTERNATIONAL LAW ‘Subject of ntamstional Law (Objet of rtemational Law STATES .. Facts of Staishood (Caseiiaton of States (CREATION OF STATES RECOGNITION etn Seine ete necocnron Pir coneneo Seas SUCCESSION ... Pringpie of State Cortina Kinds of State Sucoeeon MODES OF SUCCESSION OF STATES RIGHTS AND DUTIES OF STATES Rights of States Dues of States RIGHT To INDEPENDENCE AND SOVEREIGNTY RIGHT TO TERRITORIAL INTEGRITY AND JURISDICTION. RIGHT TO EXISTENCE AND SELF-DEFENSE RIGHT OF LEGATION 2018 SAN Bet 301 ROUNDS 308 e310 )A CENTRALIZED BAR OPERATIONS | 8TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 STATE RESPONSIBILITY DOCTRINE OF STATE RESPONSI [ACTS PRECLUDING WRONGFULNESS OF A BREACH 313 STATE JURISDICTION ....... ee pee ceeeeaneeeee “Jutsation Categories of Jurasction CONFLICTS OF JURISDICTION MODES OF RESOLVING CONFLICT OF JURISDICTION IMMUNITIES: : 7 316 STATE IMMUNITY DIPLOMATIC AND CONSULAR IMMUNITY. DIPLOMATIC AND CONSULAR LAW atta ahd ences MT DIPLOMATIC LAW Diplomacy ‘Ageats Diplomatic Intercourse ‘kinds of Diplomatic Missions. PRIVILEGES AND IMMUNITIES ‘CONSULAR LAW Kens of Consuls Consul Functions INDIVIDUALS ..... Leste INDIVIDUALS AS SUBJECT OF INTERNATIONAL LAW NATIONALITY ene . 7 321 uses inthe Delamination of Nalini Doctrine of Efectve Natonasy Link (Notebohm Principle) STATELESS PERSONS .. Kinds of Statolese Persone Cause of Statelessness Fighs o Statless Persons REFUGEES connate el on 323 Refugee Pringple of Non-Refoulemert Fights of Rtugooe TREATMENT OF ALIENS .... ‘lens ‘Standard onthe Treatment of Aliens Rules onthe Treatment of Alen ‘State Responsibity for Improper Treatment of Aone EXTRADITION ..... EXTRADITION ‘Bement forthe Exorse of Extraction Persons Subject to Exvediion ENTITLEMENT TO BAL Asjtun INTERNATIONAL ORGANIZATIONS UNITED NATIONS Prinipal Purpose of UN Fundamental Pringles of UN PRINCIPAL ORGANS OF THE UNITED NATIONS. VOTING PROCEDURE Membership Ways by which State gives it Conaont CC Primary Objectives of ASEAN ‘Thvee Pars of ASEAN EUROPEAN UNION TERRITORY enor CONCEPTS RELATING TO TERRITORY 324 sar 307 1 332 332 333 veil | 2019 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF rea he MODES OF ACQUIRING AND LOSING TERRITORY AIR AND SPACE LAW LAW OF THE SEA BASELINES ‘Types of Baseline INTERNAL WATERS, TERRITORIAL SEA OBLIGATIONS OF A STATE PERTAINING TOTS TERRITORIAL SEA RIGHTS OF A/STATE PERTAINING TO ITS TERRITORIAL SEA EXCLUSIVE ECONOMIC ZONE/PATRIMORIAL SEA ‘CONTINENTAL SHELF FiGH seas Right vis Fight Hot Pursut THE AREA Mos. NATIONALITY OF VESSELS INTERNATIONAL MODES OF SETTLING DISPUTES. (Classes of intestional Dispute Nediaton ‘btration CConeitaton Enquiry INTERNATIONAL HUMAN RIGHTS LAW ....... UNIVERSAL DECLARATION OF HUMAN RIGHTS INTERNATIONAL CRIMINAL LAW Intemational Cimnal Law GENERAL PRINCIPLES Doctine of Cumulative Convictors INDIVIOUAL RESPONSIBILITY INTERNATIONAL LAW ON TERRORISM WAR pie INTERNATIONAL HUMANITARIAN LAW NEUTRALITY ... INTERNATIONAL ENVIRONMENTAL LAW ... INTERNATIONAL ECONOMIC LAW MADRID PROTOCOL AND THE PARIS CONVENTION .. FOR THE PROTECTION OF INDUSTRIAL PROPERTY 2018 SAN 335 336 347 351 355 387 366 369 IDA CENTRALIZED BAR OPERATIONS | xixTHIS IS THE INTELLECTUAL PROPERTY OF THE SAN BEDA COLLEGE OF LAW 2018 CENTRALIZED BAR OPERATIONS THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, OR DISTRIBUTION OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED.CONSTITUTIONAL LAW | Tue Puiviprine ConstiTUTION |A. DEFINITIONS, NATURE, AND CONCEPTS Political Law tis a branch of public law which deals with the organization and operations of the governmental Grgans of the State and defines the relations of the State with the inhabitants of its territory (CRUZ & CRUZ, Philippine Constitutional Law, (201 Inereinatter, CRUZ). ‘Subjects Covered by and Includé Philippine Political Law: (CAEL?) {. Gonstitutional Law ~Itis a bra ormation, amendment, —andYinte {(SINCO, Philippine Poltical Law 196 [nereinatter, SINCO)). SA 2. Administrative Law ~ itis a sti {hat regulate the administrative of ‘operations of the govemmental State_and determines the comp administrative authorities and the fvaiiable to the individual in case of his rights (Ibi). = 3, Election Law — Its a study of the iawe-73 nd procedures involving the conduct of lection of all public officials who will exercise re of government as allocated to and within their functions and responsibilities (big). 4. Law of Public Officers — It is a study of the Greation, modification, and dissolution of public office as well as the elighlity of public officers, the manner oftheir election or appointment and assumption of office ther rights, duties, powers, inhibitions and labiities, and’ the modes of terminating official retations (bic). 5, Law on Municipal Corporations — It is a study Gf the general princisles governing municipal SAN BEDA MEMORY AID corporations, the laws affecting the creation, organization, and the goverment of provinces, cities, mbnicipaiiies, and barangay; the scope ‘and application of ‘the powers of municipal 3s, contracts, liabilities and enterprises , Poltical Law Reviewer (2002), p.2 ,, SUAREZ). powers of the govemment are land defined, and by which those ‘ard distributed among the several nts #pr their safe and usoful exercise, for the § body politic (MALCOLM & LAUREL, stitutional Law (1936), p. 6). ‘af CQnettutions: (WER) 'Whtten br Unite 2. Ehactedl (Conventional) or Evolved (Cumulative), gs ond yf 3/Ridi{‘or’Flexible (VACHURA, Outline Reviewer Political Law (2016), p P. 4 hereinafter, peeacrurap. Written constitution — one whose precepts are embodied in one document or set of documents (bie, Unwritten constitution — consists of rules which hhave not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental charactor, judicial decisions, commentaries of publicists, customs and traditions, and certain commen law principles (Ibid). Enacted (Conventional) constitution —one that is formally struck off at a definite time and place [EXECUTIVE COMMITTEE KATES JASTIN E. AGUILAR Overall ‘Chairperse, (CamisTINE F. MONDERIN Ghanperion for Academic, CHESKA,ARLA.C._AGRUPIS (Ghainpersn for Hotel Operation, MARA CLARA M. ESTRELLA Vie Chair Opens MARY CYRIELL C- Vice Chair for Secretariat, ARTLYN (GEM ©. SERORAN Vice Chair Jortinence, ZAIRE XANDRA M, Rives "Vite Chair for Audit ‘ASMENAH ™, BARAMBANGAN Vice Char for Flocronic Dota Procesing, MARTIN ALEC N. BAUTSTA Mice chat for Logistic, MARVIE Te PAGCALIWANGAN Vie Char for Membership SUBJECT COMMITTEE JOHN PSALMUEL V. CHAN Subject Chair, | EMM L. SAMANIEGO Assistant Subject (Chair, YSABELLA JUSELIE.L SUMAYA' Elecronic Data Processing, RAYMOND F RAMOS. Constitutional Law 1, FRANCIS ARTHUR A. CORPUZ (Constitutional Law, KARL EARVIN’ M_ JUSTO Law on Public Officers PAMELA DENSE "DY. HILARIO ‘Administrative Lew. CHARLOTTE VINA ““S, CASINILLO lection Lew, JORDAN C. CABANDONG Law on Pubile Corporations, VINCE NOEL L.LUPANGO Pubic International Lew MEMBERS GIANCARLO LORENZO. 5S. CEMPIS, JEEN KATHLEE B UM, MARY EVIELYN MATEO, “LYDIA” MARIE T MIRABEL, GIZELLE KARINA D. MONTERO, SUELLEN' OGENA, EARL JAMES G. REYES, EURIKA C. ROSARIO. JUSTIN EARL DARYLL. F. SALAPARE, AURA EUNICE 5. SANTOS, BEA CHERYLC. YU ADVISERS: COMM RENE V. SARMIENTO, ATTY. ADONIS V. GABRIEL, ‘ATTY. MARICRIS B. PAHATE, ‘ATTY. PETERJOEY B. USITA, ATTY. ZOO A. VELASCO, ‘ATTY. EDWIN R SANDOVAL, ATTY. JOSE ANGELO A DaviCONSTITUTIONAL LAW | SAN BEDA MEMORY AID 2018 following a conscious or deliberate effort taken by a ‘constituent body or ruler (Id). Cumulative (Evolved) constitution ~ results from political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method (ibid). Rigid constitution - one which can be amended only through a formal and difficult process (bia). Flexible constitution — can be amended by ordinary legislation as in the case of an unwritten constitution (ibid). Note: The Philippine Constitution is written, conventional, and rigid (Ibid). Effectivity of the Constitution The Present Philippine Constitution took effect on February 2, 1987, which is the date of its ratification in tho plebiscite held on that same date andere OH the date its rafifiation was proclaimed (D Esguerra, G.R. No. L-78059, August 31, 1987)... Principles of Constitutional Consthuction: (Vt) 1. "Yerba fogie ~ whenever possiie, (1 Wetos"y ‘ordinary meaning, except where’ techni are employed: a 2. Ratio legis ‘est anima — framers; and Re 3. _Utmagis valeat quam pereat — tie © hs to be interpreted as a coherent nd un whole (Francisco v. HOR, GR. No: 16026 November 10, 2003) : If the plain meaning of the word is unclear, itis safér toconstrue the Constitution from what “appears nits face". The proper interpretation, therefore, depends more on how it was understood by the people ‘adopting it than in the framers’ understanding thereof (Civil Liberties Union v. Executive Secretary, GR. No. 83896, February 22, 1991), In case of doubt, the provisions of the Constitution should be considered self-executing (Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997); mandatory rather than directory (Taflada v. Cuenco, GR. No. 1-10520, February 28, 1957): prospective rather than retroactive (Peralta v, Director of Prisons, G.R. No. L-49, November 12, 1945). Self-Executing Provision It is @ provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies 2 2 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS. sufficient rule by moans of which the right it grants may be enjoyed or protected (Manile Prince Hotel v. GSIS, supra) Example: Section 11, Article Xi! of the Constitution, which expressly reserves to Filipinos specific areas. of investment, such as the development of natural resources and ownership of land, educational institutions, and advertising business, is. self- executing (Gamboa v. Teves, G.R. No. 176579, June 28, 2011). Non-Self-Executing Provision Iis a provision which lays down a general principle (Mania Prince Hotel v. GSIS, supra). General Rule: The principles in Article ll are not intended to be -self-executing principles ready for enforcement through courts. They are used by the judiciary as aids or as guides in the exercise of its er of judicial review, and by the legislature in its ment of laws (Taftada v. Angare, G.R. No. Mey 2, 1997). 35 agregqrs hth provisions doesnot ove Hse t0 Cany'caisse’ of action before the courts (Pamatong v. ‘No. 161872, April 13, 2004). QUELEC, C ;¥The Supreme Court affirmed the ty the issues raised based on Section 16 “the State shall protect and advance efithe people to a balanced and healthful ogy in Bo SS 409, anuary 30,1947). Principles of Sovereignty Effect of Change of Sovereignty Political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by the affirmative act of the new sovereign. Municipal laws remain in force (Macariola v. Asuncion, AM. No. $33-J, May 31, 1982). Effect of Bolligerent Occupation ‘There is no change in sovereignty. However, political laws, except those of treason, are merely suspended; municipal laws remain in force unless changed by the belligerent occupant (Peralta v. Director of Prisons, GR. No. L-49, November 12, 1945). What is suspended is the exercise of the rights of sovereignty, with the control and government of the 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | 7CONSTITUTIONAL LAW I SAN BEDA MEMORY AID 2018 territory occupied by the enemy passing temporarily to the occupant (Laurel v. Misa, G.R. No. L-200, ‘March 28, 1946). Effect of Revolutionary Government ‘A revolutionary government is bound by no constitution. However, the revolutionary government did not repudiate the Covenant or the Declaration in the same way it repudiated the Constitution. After installing itself as a de jure government, the revolutionary government could not escape responsibility for the State's good faith compliance with its treaty obligations under Intemational law. During the interregnum, when no constitution oF Bil of Rights existed, directives and orders issued. by government officers were valid so long as these officers did not exceed the authority granted them by the revolutionary goverment. The directives. and orders should not have also viotated the Covenant or the Declaration (Republic v. Sandiganbayen, G.R. No. 104768, July 21, 2003). Doctrine of Auto-Limitation ‘sy Government of the Republic of the Phitippines ‘The corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms which political authority is made’effective, whether pertaining to the autonomous regions, the provincial, city, or barangay subdivisions or other forms of local government (ADM. CODE, Introductory Provisions, Sec. 2, par. ay. Classifications of Government a, As to the existence or absance of title and/ or contro! i. Dejure—has a rightul tite to exercise power and control over the Stale and its teritory. ‘This is regardless of the fact that it may not possess actual power or control, either bbocause the same has been withdrawn from it, of because it has not yet actually entered into the exercise thereof. Tho Pipes sre wpa ot oe Footer Carettulon wae ab fue law as a limitation to the exerci A state then, if it chooses to, may exercise of what otherwise Is ilimita There may thus be a curtailment of ‘8 power plenary in character (Reag No. L-26379, December 27, 1969). Imperium is the State's authority embraced in the concept of soveroig passing laws, governing a territory. peace and order over it, and defendirig foreign invasion (Lee Hong Hok v. David, G: 30389, December 27, 1972). Dominium is the capacity of the state to own or ‘acquire property (ld). Principle of Jus Postiiminium At the end of the occupation, when the occupant is ‘usted from the territory, the political laws which had been suspended duting the occupation shall automatically become effective again (Peralta v. Director of Prisons, supra). In the same vein, poltical laws of the belligerent ‘cccupant are automatically abrogated upon the cessation of the occupation (Co Kim Cham v.\Valdez Tan Keh, G.R. No. L-5, September 17, 1945). 4, Government — The agency or instrumentality, through which the will of the State is formulated, expressed, and realized (U.S. v. Dorr, G.R. No. 1051, May 19, 1903). 8 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS, because it was established by “Of the legitimate sovereign, the opin Re Ler of Assoste usicg AM. No, 90-19-2697-CA, June 29, eves jGvernment under Gloria Macapagal- established after the ouster of Estfada, was a de jure government (Estrada ¥. Basierto, G.R. Nos. 146710-15, March 2, 1). ’De facto ~exercises actual power or control “despite legitimacy resting upon another (Lawyers League for a Better Philippines v. “S> Aquino, G.R. No. 73748, May 22, 1986). (Ph, 1. De facto Proper — government that gots possession and control of, oF usurps, by force or by the voice of the majoiy, the rightful legal govemment and maintains itsetf against the will ofthe later. 2. De facto government by Paramount force ~ established and maintained by initary forces who invade and occupy @ terrtory of the enemy in the course of war. 3. Independent government — established by the inhabitants of the ‘country who rise in insurrection against the parent state (CRUZ, supra at 40).CONSTITUTIONAL LAW | SAN BEDA MEMORY AID 2018 b. As to concentration of political powers i. Presidential government ~ there is separation of executive and legislative powers to two distinct governmental branches. Parliamentary government — there is fusion of both the executive and legislative powers, although the actual exercise of the executive Powers is vested in a Prime Minister who is ‘chosen by, and accountable to, Parliament (DE LEON, Textbook on the Philippine Constitution (2008), p. 12 {hereinatter, DE LEON). ©. As to centralization of control i. Unitary Government - one in which the control of national and local affairs is exercised by the central or national government; single, centralized goverment, ‘exercising powers over both the intemal and external affairs of the State. li, Federal Government powers of the govel ~ one in A Sioent_ are . between two sets of organs, one for national, re, each national government. exercig degree of power over the domestic of the State (Id). Functions of Governmer 2. Constituent functions — compu which are constitutive of the society. b. Ministrant functions ~ undertaken’ the general interest of the society and arg optional (Bacani v. NACOCO, GR, No. L: November 29, 1956). ‘The principles determining whether or not a government shall exercise certain of these optional functions are: (1) that a government should do for the: public welfare those things which private capital would not naturally undertake; and (2) that a ‘government should do those things which by its very, welfare than is any private individual or group of individuals (Romualdez-Yap v. CSC, GR. No. 104226; August 12, 1993). Note: In the en banc case of Agricultural Credit and Cooperative Financing Administration. Confederation of Unions in Government Corporations and Offices, the SC held that: “The growing complexities ‘of modem sociaty 2% have rendered this traditional classification 200c quite unrealistic, not to say obsolete” (G.R. No. L-21484, November 29, 1969). Nevertheless, the same has net entirely become so. ln the case of Shipside Incorporated v. CA, the SC held that a government agency - the Bases Conversion and Development Authority (CDA) ~ ‘could not make use the principle that prescription improved quality of life for all (CONST, Art Il, Sec. 9) 9. Social Justice The State shall promote social justice in all phases of national development (CONST,, Art. !, ‘Sec. 10). Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least bo approximated (Calalang v. Wiliams, G.R. No. 47800, December 2, 1940) 10. Full Respect of Human Rights and Dignity of Every Person The State values the dignity of every human Person and guarantees full respect for hurnan Fights (CONST, Art. Il, Sec. 11).CONSTITUTIONAL LAW I SAN BEDA MEMORY AID 2018 The right to security of person is a corollary of the policy that the State “guarantees full respect for hhuman rights” under Article Il, Section 11 of the 1987 Constitution. As the government is the chief guarantor of order and security, the Constitutional guarantee of the rights to life, liberty, and security of person is rendered ineffective if goverment does not afford protection to these rights especially when thoy are under threat (Razon v. Tagitis, G.R. No. 182498, December 3, 2009). 11. Right to Life of the Unborn The State shall equally protect the lifo of the ‘mother and the life of the unborn from conception (CONST,, Art. l, Sec. 12). ‘The protection accorded to the unbém starts from conception which is equivalent to fertilization (Imbong v, Ochoa, G.R. No. 204819, April 8, 2014). The guarantee of protection of the unborn under Section 12, Article 1! of the Constitution prohibits and outlaws abortiongand tt abortifacients (Imbong v. Ochod; 12, Right to a Balanced and Hea ‘The State shall protect and the people to a balanced and healt ‘accord with the rhythm and har (CONST. Art Il, Sec. 16) The right to health and to a balanced. ecology is a right that can exit indy onstuionel grant or recognition, By authority of Section 16, Article il and under statutes, several government agents were by mandamus to undertake the cleaning of Madita Bay and its surroundings (MMDA v. residents of Manila Bay, G.R. No. 171947, December 18, 2008). 13, Labor ‘The State affirms labor as a_primary social ‘economic force. It shall protect the rights. of ‘workers and promote their welfare (CONST., Art. 1, Sec. 18). 14, Economy The State shall develop a self-reliant and independent _ national economy effectively controlled by Filipinos (CONST., Art. Il, Sec. 19). The State recognizes the indispensable role of the private sector, encourages private enterprise, ‘and provides incentives to needed investments (CONST, Art. I, Sec. 20). Section 20 is no more than an acknowledgment of the importance of private initiative in building the nation, However, itis not a call for official abdication of duty (of the State) to the citizenry to promote distributive justice and to intervene when the common good so demands (Marine Radio Communications Ass'n. of the PHL, Inc. v. Reyes, G.R. No. 86953,-November 6, 1990). 15, Agrarian Reform The State shall promote comprehensive rural development and agrarian reform (CONST, Art. 1M, Sec. 24), The policy of agrarian reform under Section 21, Article I of the Constitution allows the actual distribution of land individually to farmer beneficiaries oF collectively in consonance with Section 4, Article Xill (Hacienda Luisita, Inc. v. Presidential Agrarian Reform Council, G.R. No. 171101, July 5, 2011). Autonomy fate shall ensure the autonomy of local 1p Sovettiments (CONST; Art. I, Sec. 25). Ee ? Offi gf iocal autonomy under the 1987 Higtfition simply means "decentralization"; it does I governments sovereign within the rium in imperio,”ie., a state within a VPAGCOR, GR. No. 81649. May 14, istjig/of provinces, cities, municipalities, and I areas sharing common and distinctive ahd cultural heritage, economic and social 68, and other relevant characteristics wit framework of this Constitution and the "Rational sovereignty as well as territorial integrity of the Republic of the Philippines (CONST., Art. X, Sec. 15). Kinds of Decentralization: a. Decentralization of Power — an abdication of political power in favor of an LGU declared to be autonomous. It amounts to “selfmmolation’, since the autonomous goverment becomes accountable not to the central authorities but to Its constituency (Limbona v. Mangelin, G.R. No. 180391, February 28, 1989). 6. Decentralization of’ Administration’ - the central goverment merely delegates administrative powers to political subdivisions: () 10 broaden the base of govemment powers; and (i) to make LGUs more responsive, accountable, and ensure full development and self-reliance (BERNAS, Reviewer, supra at 415). 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 15,