* UNCLOS- Rights over the different areas Principle of Parens Patriae states that the State has the

tes that the State has the duty

of protecting the rights or persons who because of age or
*Custodial Investigation: Committee of PNP conducting incapacity are in unfavorable position. While parents have
investigation- administrative proceedings: no right yet that is the primary role in child-rearing, but when the actions
available for custodial investigation concerning children have a relation to the public welfare or
their well-being, the State can step in to promote these
legitimate interests in the exercise of police power.

But the same is violative of the minors’ fundamental rights

since the exceptions mentioned in the ordinances are
inadequate insofar as it does not provide an exception for
the right to assoc., free exercise of religion, rights to
*Stop and Frisk peaceably assemble, and of free expression among others.
where a police officer observes an unusual conduct which *Election Protests:
leads him reasonably to conclude in light of his experience COMELEC has jurisdiction over an election contest between a
that a crime may be committed and that the persons with losing gubernatorial candidate and a proclaimed winner of
whom he is dealing with may be armed and presently the gubernatorial post (Sec 2(2), Art IX-C, 1987 Const.)
dangerous. A policeman identifies himself as such and where RTC has jurisdiction over an election contest between a losing
nothing in the initial stages serves to dispel his reasonable municipal mayoralty candidate and a proclaimed municipal
fear, he is entitled for the protection of himself and others to mayor (Sec 2(2), Art IX-C, 1987 Const.)
conduct a search.
* On effect of filing of candidacy to one’s incumbent post:
Basic criterion to invoke this rule would be that the police Section 14 of RA 9006- repealing clause: repealed some
officer, with his or her personal knowledge, must observe sections of the Omnibus Election Code and RA 6646; such
the facts leading to the suspicion of an illicit act. The officer that the provision which deemed elective officials as ipso
should not adopt the suspicion initiated by another person. facto resigned when they file their COC, is inoperative.
If officer merely relied on a text message by an unidentified Sec 66 of Omnibus Election Code- any person holding a public
person, then no personal knowledge. appointive office shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.
*Inquiry in aid of legislation
Who: The Senate, HOR or any of its committee * Impeachment
Impeachable officers- President, Vice-President, Members
of the Constitutional Commission, Members of the Supreme
*Executive Privilege: includes closed-door cabinet meeting Court, Ombudsman.
executive privilege is properly invoked in relation to specific Process: a. Initiated exclusively from the HOR; b. verified
categories of information, not to categories of persons. As complaint by a member of the HOR or any citizen upon a
such, the fact that some members of the committee were resolution or endorsement by any member of the HOR; c. the
not part of the President's Cabinet was of no moment. What complaint shall be referred to a committee which committee,
should determine whether or not information was within the after hearing, will submit the same to the members of the
ambit of the exception from the people's right to access to house; d. 1/3 vote of the house to affirm or deny; e. if
information was not the composition of the body, but the affirmed, the articles of impeachment will be tried in the
nature of the information sought to be accessed. Senate; f. The Senate shall have the sole power to try and
decide all cases of impeachment
*Calling out Powers- can only be exercised by the President
and the latter cannot delegate the same to heads of LGUs.
One of the acts inherent in the Commander-in-Chief is the * Revision or Amendment of the Constitution (Art 17, Consti.)
calling out powers. This power is vested upon the President Qualitative Test- accomplish such far reaching changes in the
alone. As cited in Villena, there are constitutional powers and nature of our basic governmental plan as to amount to a
prerogatives of the Chief Executive which cannot be used by revision.
any other person either through ratification or approval. Revision may be proposed by: a. Congress, vote of ¾ of all its
members, acting as Constituent Assembly; or a Constitutional
*Declaration of Martial Law- President’s declaration is NOT Convention. Revision shall be valid when ratified by a
subject to any condition except for the requirements of majority of the votes cast in a plebiscite.
actual invasion or rebellion and that the public safety Congress may call a concon- a. Congress 2/3 vote or
requires it. It is only on the President and no other that the b. by majority vote of all its
exercise of the powers of the Commander-in-Chief. members, submit to the
Note, declaration of Martial law is a joint power of the electorate the question of
President and the Congress. But after complying with the calling such convention
actual invasion or rebellion and that the public safety reqmt,
the President can declare ML, then it is the former’s duty to
report to Congress… and then Congress will either affirm or
revoke the same by majority vote of all its members.

*Condonation:
The Carpio-Morales v. CA, which abandoned the condonation
doctrine, may not be applied retroactively. Decision was
promulgated on November 10, 2015.
This doctrine only applies to elective officials and cannot be
invoked by appointive official.

*Curfew Ordinance (Spark v. Quezon City, GR 225442):

 a. Valid Proclamation, Valid oath; and Assumption of
Office
on June 30th
// mere proclamation does not transfer JD from COMELEC
to HRET.

*Filing of COC by a dual citizen

*Twin requirements under RA 9225:
*Local Government Code: 1. swearing an oath of allegiance
** Succession in an elective post is by operation of law and 2. executing a renunciation of foreign citizenship
not be election ** The same requirement is imposed to those who are

about to be appointed to any public office in the

Succession v. second highest number of votes: Philippines.
The rule on Succession will not apply if the permanent
vacancy was caused by one whose COC was void ab initio a. Naturalized American citizen, filing a COC
( eg. when the COC was cancelled because the official was filing of COC is not sufficient to renounce foreign
DQ). Legally, they should not be considered as candidates citizenship. Those appointed to any public office shall
and the votes cast for them shall be considered as stray. The swear an oath of allegiance to the Republic of the PH
person legally entitled to the vacant post is the person and its duly constituted authorities prior to their
garnering the next highest number of votes among the assumption. PROVIDED, that they renounce their
eligible. oath of allegiance to the country where they took
that oath.
** Three-term Limit Rule b. Dual Citizen because his parents are Fil and he was
Interruption of Continuity of Service (take note of the born in US. Is filing of COC sufficient to renounce
instances when such act shall be deemed as an interruption foreign?
of continuity of service; which shall allow a person to run By the enactment of RA 9225 (effective in Sept
again if there’d be such an interruption): 2003), an additional requirement is imposed to those
Voluntary Renunciation of a term does not cancel the who wish to seek elective public office.
renounced term in the computation of the three-term limit;
conversely involuntary severance from office for any length
of time short of the full term provided by law amounts to an
interruption of continuity of service.
The 3-term limit rule applies notwithstanding any
reapportionment, renaming or reclassification of a Local Govt
Unit.

* Post-enactment measures by Congress

Only limited to scrutiny and investigation:
a. Scrutiny- power to ask heads of departments to
appear before and be heard by either of its Houses
on any matter pertaining to their departments; Frivaldo Case- naturalized in another country then
b. Investigation and monitoring of the implementation reacquires PH citizenship
of laws pursuant the power of Congress to conduct Mercado Case- born by a Fil. mother and father in US
inquiries in aid of legislation. Above cases are no longer applicable because of the
additional requirement provided by RA 9225.
*Doctrine of Operative Fact- nullifies the law but not is
effects; recognized the existence of the law prior to the The law categorically requires persons seeking
determination of its unconstitutionality. This provides an elective public office, who either retained their
exception to the general rule that a void law produces no Philippine citizenship or those who reacquired it, to
effect. make a personal and sworn renunciation of any and
all foreign citizenship before a public officer
* Ad interim Appointment- is a permanent appointment authorized to administer an oath simultaneous with
The Constitution itself makes an ad interim appointment or before the filing of the certificate of candidacy.
permanent in character by making it effective until
disapproved by COA. The fact that it is still subject to COA’s c. The sole act of using foreign passport does not divest
confirmation does not alter its permanent character. the PH citizenship acquired by repatriation. It thus,
If COA by-passed such ad interim appointment, the however, amounts to recantation of the Oath of
President can renew the appointment. A by-passed ad Renunciation which is required to qualify one to run
interim appointment can be revived by a new ad interim for an elective position. Thus, he becomes a dual
appointment because there is NO final disapproval under citizen and becomes DQ for such elective post (COC
S16, Art VII of the Consti. An ad interim appointment that should be cancelled)
has lapsed by inaction of the COA does not constitute a term
of office. *RA 9225
Repatriation results in the recovery of a person’s original
*Qualifications of Elective Officials: nationality. A naturalized Filipino citizen who has lost his
Member of the Congress- Needs to be a natural-born citizenship will be restored to his prior status as a Filipino
citizen. If one is originally a natural-born citizen, he/she will
*Comelec’s JD v. ET’s JD be restored to his/her prior status as a natural-born citizen.
To divest COMELEC of jurisdiction over election cases, the
following requisites must concur:
 case even without having been heard before the COMELEC
division.
If the cancellation is on the basis of DQ, the same must
first be heard by the COMELEC division. The Constitution
mandates the COMELEC, in the exercise of its adjudicatory or
QJ powers, to hear and decide cases first by division, then
upon MR, by COMELEC en banc.

* Ombudsman
Ombudsman has the power to investigate ANY act or
omission of any public official, employee, office or agency,
when such act or omission appears to be illegal (thus
investigative powers include criminal cases and
administrative cases)

* Writ of Amparo: * Supreme Court’s rule-making power cannot be encroached

The Rules is replete with interim relief in writ of Amparo by Congress through enactment of a law (bar q- a law
Cases. It is, however important to note, that these “interim” prohibiting any court, other than SC, to issue injunctive writ)
reliefs are only available pending the petition. Such as when
the writ of amparo is finally granted by the court, an order *S30, Art VI Constitution- Congress cannot increase the
granting such relief, eg. TPO, is not anymore necessary. appellate JD of the SC without its advice or concurrence.
Interim relief- are merely granted to assist the Court before it
can arrive for a judicious determination of the petition. They *VFA agreement which states that the jurisdiction over a US
can only be granted before final adjudication of the Writ of personnel who becomes subject to criminal prosecution
Amparo Petition. The Writ, once granted, already entails the before PH court shall be with the US military authorities:
same protection covered by the same relief. a. not violative of SC’s rule-making power- The
Constitution states that the PH adopts the GAPIL as
* President’s Immunity from Suits part of the law of the land. One rule in international
Upon incumbency, the president is immune from suits. law is that foreign armed forces allowed to enter
Rationale: basically, not to intervene with his/her executive one’s territory are immune from local jurisdiction,
functions. except to the extent agreed upon. Thus, the laws of
After his/her incumbency, the President may now be sued one State (including the Rules of Procedures) do not
for acts committed including those that were committed apply, except to the extent agreed upon, to subjects
during his/her incumbency. Go back to the rationale. of another State due to the recognition of
extraterritorial immunity given to them.
b. not violative of equal protection clause because
there is a substantial basis for a distinct treatment of
foreign military forces allowed to enter our territory.

* S5 (5) of Article VIII, Constitution- Rules of procedure of

* Qualifications for national elective official are provided by special courts and QJ bodies shall remain effective unless
the Constitution; these are exclusive in character and disapproved by the SC.
Congress cannot enact a law requiring for additional With respect to the ROP of congress in its proceedings,
qualifications. Qualifications for local elective official are these rules may be generally considered as political but may
provided by law and hence Congress can very well enact a nevertheless be subject to the power of judicial review if
law that adds up to the qualifications already prescribed. tainted with GADELJ.

*Constitution provides that no person shall be appointed or *Double Jeopardy

designated in any of the constitutional commissions in a
temporary or acting capacity- hence, it would be
unconstitutional for the president to designate an acting
associate of the CSC.

*Only the Ombudsman is required by the Constitution to

have been engaged in law for at least 10 years. The same is
not a requirement for Deputy Ombudsman. Court Martial is also a competent court too upon which first
jeopardy or second jeopardy may attach
* When a party list won in an election, so naturally, its
representative will start to assume his office  such that if *State Immunity
the representative is changed by the party list to another, the - State may be sued, with its consent, either expressly or
JD for any dispute already lies with HRET and not anymore impliedly through:
with the COMELEC (COMELEC in the bar q argues that it has a. Enactment of a Law by Congress (Only Congress can
JD asserting the same to be intra-party dispute which it could give a written waiver of immunity from suits
resolve as an incident of its power to register political parties. b. If a government agency undertakes a proprietary
function.
* Cancellation of COC or Denial of Due Course - A public official may be sued if they acted oppressively
Cancellation on the basis of perpetual DQ is a matter that or illegally in the performance of their duties. A suit
can be taken judicial notice of. When it cancels a COC on that against such public official is not a suit against the
ground, it is acting in performance of an administrative state.
function and therefore the rule that requires the matter to be
tackled by a division subject to appeal to Comelec en banc
will not apply. Hence, COMELEC en banc can decide on the
*Valid Warrantless Search
Those obtained in ordinary customs searches and seizures
such as those done in airport, are admissible in evidence.
- in the bar q, the bags were inspected by an examiner who
discovered the drugs, then handed them over to BOC agents.

*Valid Warrantless Arrest- Cross reference to Rules of Court

*Vacancy in the Executive Post

- if the VP post is vacant, the President who succeeded
(previous VP) can only nominate a VP from the Senate or
HOR.
- S4, Art VII Constitution: NO person who has succeeded
as President and has served for more than four years shall
be qualified for election to the same office at any one time.

*Deportation
The power to deport aliens is an act of State, which is done
by the sovereign power of a country. An act of State is an act
done by the political departments of the government and
cannot be subjected to any judicial review.

*Diplomatic Immunity
Under the Vienna Convention on Diplomatic Relations, a
diplomatic agent enjoys immunity from criminal jurisdiction
of the receiving state except in the case of an action relating
to any professional or commercial activity exercised by the
diplomatic agent outside of his official functions in the
receiving state. The commission of a crime is not part of
official duty.