reviewer in poli 20/21

1. 1
Citizenshi
p
Age On
day of
electio
n
Literacy/edu
c
Reg
Voter
residenc
y
ter
m
others
President NB 40 R&W Y 10 6y
Vice
President
NB 40 R &W Y 10 6y
Senator NB 35 R &W Y 2 6y
HOR NB 25 R&W Y in
the
distric
t
1 3y
SC NB 40 15 yrs judge
or engaged in
the practice of
law
COA NB 35 CPA 10 yrs
exp or
-mem of bar
or engaged in
the practice of
law for 10yrs
-Not
candidate in
the election
preceding
their
appointment
CSC NB 35 7y -Proven
capacity of
public
administratio
n
-Not
candidate in
the election
preceding
their
appointment
COMELE
C
NB 35 College
degree
7y -Maj mem of
bar or
engaged in
the practice of
law for 10yrs

2. 2
-Not
candidate in
the election
preceding
their
appointment
OMB NB 40 Member of
Bar
-Recognized
probity and
independence
- Not
candidate in
the election
preceding
their
appointment
Judge citizen Member of
BAr
Section 1 - Judicial power is the duty of the court to settle actual controversies involving rights
which are legally demandable and enforceable and to determine whether there is a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part any branch or
instrumentality of the government.
Requisites:
1. Actual case or controversy - ripeness
2. Legal standing
3. Issue of constitutionality must be raised at the earliest possible time
4. Issue of constitutionality must be the very lis mota of the case
Section 5- Powers of the SC
1. Exercise original jurisdiction over all cases involving ambassadors, public ministers and
consuls and over petitions for certiorari, prohibition, mandamus, quo warranto and
habeas corpus.
2. Review, revise, reverse, modify or affirm on appeal or certiorari, as the law of the Rules
of Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decrees, proclamation, order, instruction,
ordinance or regulation is in question.
b. All cases involving the legality of any tax, impost, assessment or toll or any penalty
imposed thereto.
c. All cases in which the jurisdiction of any lower court is in issue.

3. 3
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed 6 months without the consent of
the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice and procedure in all courts, the admission to the practice of law, the
Integrated Bar and legal assistance to the underprivileged.
Such rules shall provide for a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all court of the same grade and shall not
diminish, increase or modify substantive rights. Rules of procedure of special courts and
quasi judicial bodies shall remain effective unless disapproved by the Supreme Court
6. appoint all officials and employees of the Judiciary in accordance with the Civil Service
law
Section 6 – The SC shall have administrative supervision overall courts and the
personnel thereof.
Separation of Powers – the 3 branches of Government, Executive, Legislative and
Judicial department cannot encroach on the powers allocated to each branch
Legislative- to enact laws
Executive – to execute laws
Judicial – to apply/interpret laws
A law subjecting COMELEC rules to approval by a Congressional oversight committee is
invalid; constitutes legislative veto; contradicts the independence of COMELEC; pre-
empts judiciary in its exercise of the power of review
The requirement that the implementing rules of a law be subjected to approval of
Congress as a condition of its effectivity violates separation of powers, principle of
bicameralism and the rule on presentment; from the moment the law becomes
effective any provision of law which empowers Congress to play role in its
implementation violates sep of power, therefore unconsti.
Sovereignty is permanent, exclusive, comprehensive, absolute, indivisible, inalienable
and imprescriptible
Legal (power to issue final commands) vs political (power behind the legal sovereign)
Internal (control its domestic affairs) external (relationship with other states)
Rt to self determination -rt of States to freely determine their political status and pursue
their economic, social and cultural development

4. 4
Internal pursue their economic, social and cultural development within the framework
of an existing state
External establishment of a sovereign and independent state
State Immunity – a State cannot be sued without its consent
Xpn: 1. Can give consent Expressly: through a law
Implied: when the state enters into a contract with a private person (state has
descended to a level of an individual
Make a distinction between jure imperii (in their sovereign capacity/public acts) and
jure gestionis (private acts)
When the state sues, opens itself to a counterclaim
Suability does not mean liability. As a rule, public funds may not be disbursed absent an
appropriation of law or other specific statutory authority. Money claims against the
government should be brought before the COA. Only when COA rejects can it be
elevated to the courts thru certiorari.
3 powers of the government:
Police power – power of the state to regulate, prohibit
reqts: lawful purpose/subject – interest of the public as distinguished from those of a
particular class; lawful means- means employed must be reasonably necessary to obtain
the objective sought
Taxation – power to raise revenues inorder to defray the expenses of the government
Eminent Domain- taking of private property for public purpose upon payment of just
compensation
Reqt for LGU;
1. ordinance
2. for public purpose
3. payment of just compensation
4. valid and definite offer to the owner previously made and the owner rejects
phases:
1. Determination of public purpose
2. Determination of just compensation ( exclusively a judicial function)
Police power Taxation Eminent domain
Liberty and property Property property
Govt Govt Govt/private
Property taken is
destroyed bec it is noxious
Property taken is for
public purpose
Property taken is for public
purpose
Compensation is the
intangible altruistic feeling
that he has contributed to
the general welfare
Protection and
improvements for the
taxes paid
Full and fair equivalent of
the property taken

5. 5
Bill of Rights
No person shall deprived of his life, liberty or property without due process of law nor
shall any person de denied the equal protection of the laws.
Substantial due process
Procedural due process – right to be heard
Requisites of valid classification
1. rest on substantial distinction
2. it must be germane to the purpose of law
3. must apply to all members of the same class
4. apply to both present and future conditions
no law shall be passed abridging the freedom of speech, of expression, or of the press or
the right of the people to peaceably assemble and petition the government for redress
of grievances.
Freedom from prior restraint
Freedom from subsequent punishment
Heckler’s veto – when an acting party’s rt to freedom of speech is curtailed or restricted
by the govt inorder to prevent a reacting party’s behaviour.
Clear and present danger rule – whether the words are used in circumstances AND OF
Such nature as to create a clear and present danger that will bring about the substantive
evils that Congress has rt to prevent
Content based restriction – if restriction is based on the subject matter or content of the
speech – subject to strict scrutiny test
Content neutral – merely concerned with the incidents of speech such as the time, place
or manner and under well defined standards. – intermediate review
Facial challenges
Overbreadth Doctrine – when a statute restrains even constitutionally protected rights
Void for Vagueness- it lacks comprehensible standards that men of ordinary intelligence
would guess as to its meaning or differ as to its application
autolimitation – a State, by entering into a treaty,
Team buhay - Political speech
Expropriation – forcible taking of private property for public purpose upon payment of
just compensation – when govt takes over a prop even without initiating an
expropriation case
The right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or

6. 6
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
Bantay bayan, barangay based volunteer orgs in charge of peace and order, port police
and port personnel – agents of the govt that have a color of state related function
4 instances when probable cause is required
1. during prelim investigation for purposes of filing info in court
2. by the judge for purposes of issuing warrant of arrest
3. by the judge for purposes of issuing search warrant
4. by the police officer when making a hot pursuit arrest
Prelim inquiry Prelim Investigation
By the judge by the prosec
Purpose of issuing warrant of arrest Purpose of determining whether the
offender should be held for trial
Judicial in nature Executive function
Determination of the existence of facts
and circumstances that would lead a
reasonably discreet and prudent person
to believe that an offense has been
committed by the person sought to be
arrested
Ascertaining existence of facts
sufficient to engender a well founded
belief that a crime has been committed
and the respondent has been guilty
thereof.
Reqts for valid warrant of arrest/search warrant
1. based on probable cause
2. personally determined by the judge
3. particulary describing the place to be searched or the persons or things to be seized
Reqts in flagrante:
1. The person to be arrested must execute an overt act indicating that he has just
committed a crime, is committing or is attempting to commit a crime
2. The he executed the overt act in the presence or with in the view of the arresting
officer
Reqts hot pursuit:
1. That a crime has just been committed
2. The arresting officer has personal knowledge of facts and circumstances indicating that
the person arrested has committed the crime
Search warrant
Specific offense
With particularity – a description of a place to be searched is sufficient if the officer with the
warrant can ascertain and identify with reasonable effort the place intended and distinguish it
from other places in the community.

7. 7
What can be the subj of search warrant:
a. Subject of the offense
b. Stolen or embezzled and other proceeds or fruits of the offense
c. Those used or intended to be used as the means of committing an offense
There is Particularity in describing the things when:
a. The description is as specific as the circumstances will ordinarily allow
b. Description expresses a conclusion of fact- not of law which the police officer may use
as a guide in making the search and seizure
c. When the things to be descriped are limited to those which has direct connection to the
offense for which the warrant is being issued
Enforcement of search warrants:
2 witnesses required; occupant thereof, or any member of the family. If unavailable, 2
witnesses of sufficient age and discretion residing in the same locality; mandatory; if not
complied with, exclusionary rule applies
Valid waiver of rt: clear, unequivocal, specific, intelligently given and unattended by duress
or coercion; not subjected to a coercive environment ( surrounded by armed police)
1. Existence of a right
2. Knowledge of the existence of such right
3. Clear intention to relinquish the right
Reduced expectancy of privacy – valid custom searches in the airport, bus, malls
Reasonable searches – arises from reduced expectation of privacy for which reason Art.III
Section 2 finds no application eg. Searches in airports, seaports, bus stations, malls
Warrantless search is presumably unreasonable search but by reason of practicality, a
search warrant may be dispensed with. Eg. Search incidental to a lawful arrest (lawful arrest
must precede the search), search in plain view, consented search, search of a moving
vehicle
Reqts for plain view search
1. Valid prior intrusion
2. Discovered inadvertently
3. Immediately apparent
Reqts for stop and frisk (terry search)- limited protective search of the other clothing of
the person arrested
Conditions reasonable search of bus in transit
1. Manner of search must be least intrusive
2. Search must not be discriminatory
3. Purpose of the search must be confined to ensure pubic safety
4. Precautionary measures that ensure that evidence is not planted

8. 8
Checkpoints – more extensive or intrusive search of the vehicle requires a probable cause on
the part of the apprehending officers
1. Simply looks into the vehicle
2. Flash light without opening door
3. Visual search
4. Occupants not subjected to physical or body search
5. Routine check is conducted in a fixed area
Legislative Power -PEARL Power to Enact, Amend, Repeal Laws
-includes appropriation, taxation and expropriation
Bill Joint reso
3 readings on separate days Can be approved on 1,2, 3 days on the same
or separate days depending on the rules of
procedure adapted
Presented to the president for approval or
veto
Does not need the presidents approval
Printed copies must be given to the members
3 days before
Printed copies can be given after approval
On 3rd reading, no amendment allowed
followed immediately by voting
No such reqt
Process of how a bill becomes a law is
permanently fixed by the Consti
Procedure for passing a joint reso is adapted
separately by each house and may be
changed anytime
Power to augment – pres, Cj,Sen pres, speaker, chairmen of commissions
Law, from savings, to augment (purpose), no cross border
Inquiry in aid of legislation; in accordance with published rules; respect the rts of those
appearing
Question hour – department heads,
Emergency powers – congress; law; authorize president; war or national emergency; limited
period; resolution needed to withdraw
Non -legislative powers
Commission on Appointment – Sen pres as ex-officio Chair, 12 Senate, 12 HOR to be chosen
based on proportional representation from the political parties and party list reps
Who are to be appointed by the pres:

9. 9
1. Heads of exec dept (CA)
2. Ambassadors, public ministers, consul, officers of the armed forces with a rank of naval
captain (CA)
3. Other offices whose appointments are vested in him by the Consti (CA) – Consti
Commissioner and REGULAR members of the JBC (retired Justice of SC, rep from the
Private sector, law
4. Appointments Not provided by law
5. Those whom he may be authorized by law to appoint
Ad-interim vs regular appointment
Ad Interim regular
Not in Session In session
Made before confirmation Made after the nomination is confirmed by
CA
Cease to be valid if disapproved by CA Once confirmed, continues until the end of
term
Privilege from Arrest
Congress in session
Not more than 6yrs
PET
Congress- Revoke by majority vote declaration of martial law; voting jointly
Senate – Concur treaties, international agreements 2/3
House – initiate impeachment; senate try and hear
Amnesty – concurrence of majority; Congress
Amendment and revision – Con Ass – ¾ vote; Congress; call for Con Con 2/3 votes; submit to
electorate question of calling for COnCOn, majority of all mems
Executive
Qualified Political agency – dept secretaries are alter ego of the president and their acts are
presumed to be those of the Pres unless disapproved or reprobated by him.
XPN; The president is required to personally act as provided by the Consti
Power to suspend the privilege of the writ of habeas corpus and declaration of martial law-
grounds: invasion or rebellion when public safety requires
Amnesty pardon
Public act; court takes judicial notice Private act of the pres; needs to be pleaded
and proved in court
Needs concurrence of Congress Does not need concurrence

10. 10
Involves political offenses Infractions of the peace of the State
May be granted at whatever stage Upon final conviction
Class of persons Individual
Looks backward, and abolishes the offense
itself; obliterates the offense with which he is
charged and puts the person released stands
before the law as though he had not
committed any offense
Looks forward and relives the offender from
the consequences of the offense of which he
has been convicted
Cannot be granted in cases of impeachment
For violation of election laws, favorable
recommendation from the COMELEC
Judiciary
requisites for a valid judicial review
1. there must be an actual case or controversy
2. raised by the proper party
3. raised at the earliest opportune time
4. the issue of constitutionality must be the very lis mota of the cases
Mootness Priniciple – ceased to present a justiciable controversy
1. grave violation of the Consti
2. paramount public interest involved
3. requires formulation of principles to guide the bench, bar or the public
4. capable of repetition yet evading review
3 levels of scrutiny to determine reasonableness of classification
1. rational scrutiny – provide rational basis for the classification
2. immediate scrutiny – challenged classification serves as important state interest and
that classification is at least substantially related to serving that interest
3. strict scrutiny – legislative classification which impermissibly interferes with the exercise
of consti rights are presumed to be unconsti
Operative Fact Doctrine – the law is recognized as unconstitutional but the effects of the
unconstitutional law, prior to its declaration of nullity, may be left undisturbed as a matter of
equity and fair play.
Administrative Jurisdiction over all courts and its personnel.
Powers of SC
1. orig juris over public ministers, consuls, ambassadors and (CPMHQ)
2. appellate juris on final judgments and orders of lowers courts in:

11. 11
a. constitutionality of TIEL,PPOORI (treaty, intl agree, exec agree, law, pres decree,
proc, ordinance, order, regulation, instruction)
b. legality if TITA (tax, impost,assessment, toll)
c. issues of jurisdiction of lower courts
d. penalty imposed is RP or higher
e. questions of law
review the sufficiency and factual basis of the proclamation of Martial Law or the suspension of
the writ of habeas corpus
PET - sole judge of all contests relating to election, contests and qualifications of Pres and VP
Rule making power
Promulgate rules concerning:
1. the protection and enforcement of constitutional rights
2. pleadings, practice and procedure in all courts
3. admission to the practice of law, the Integrated Bar
4. legal assistance to the underprivileged
limitations:
1. Provide a simplified and inexpensive procedure for the speedy disposition of cases
2. Uniform for all courts of the same grade
3. Shall not diminish, increase or modify substantial rights
Supervision over the JBC – composition: CJ as ex officio chair, SOJ and mem of Congress as ex
officio mems, rep of the IBP, retired justice of SC, professor of law, rep of private sector
Disqualifications and prohibitions
Congress – incompatible office – not hold any other office in the government, during his term
without forfeiting his seat
Forbidden office- appointed to an office which may have been created or emoluments have
been increased during the term for which he as elected
Prohibited to appear personally as counsel, interested financially in any contract, not intervene
in any matter with the government for his pecuniary benefit
President,VP,Cabinet, deputies and assistants shall not hold any other office during his tenure
- Not practice their profession, participate in any business, interested financially, strictly
avoid conflict of interest
- Spouse and relatives 4th degree shall not be appointed as mems of ConComs,
Omb,secretaties, deputies…

12. 12
Members of the SC shall not be designated to any agency performing quasi judicial or
admin functions
Members of ConCOms and OMB – hold any other office, engage in the practice of
profession, intervene in any contract, financially interested in any contract with the govt
Nationalization Priniciple
Regalian Doctrine – all lands of public domain are owned by the State and the State is the
source of any asserted right to ownership in land.
EDU of natural resources – under control and supervision of the State
- State may directly undertake or enter into joint venture, co-production, or production-
sharing agreements with Filipino Citizens or corp 60% filipino ownership- 25 yrs
renewable 25 yrs
Large scale exploration, development and utilization of minerals, petroleum and other mineral
oils – President may enter into agreements with foreign owned corporations involving technical
or financial assistance
International Law
Sources:
Primary: international treaties and conventions,
intl customs - general and consistent practice of States recognized and followed by them from
legal sense of obligation
general principles of law – by virtue of incorporation, form part of the laws of the land even if
they do not derive from treaty obligations
Subsidiary: decisions of courts and teachings of publicists
Relation to Domestic laws
Doctrine of transformation – requires that an international law be transformed into a domestic
law through a constitutional mechanism such as local legislation.
Ie. No treaty or international agreement shall be valid unless concurred by 2/3 votes of the
members of the Senate
Doctrine of Incorporation - general principles of law, by virtue of incorporation, form part of the
laws of the land even if they do not derive from treaty obligations
By their nature, treaties and intl agreements have limiting effect on the absolute nature of
sovereignty. By their voluntary act, nations surrender a portion or certain aspects of their state
power, the usual underlying condition of this partial surrender Is the greater benefits derived
from a pact or reciprocal undertaking of one contracting party to grant the same privileges or
immunities to others. – sovereignty as auto-limitation