Article I: National Territory

Core Definition & Archipelagic Waters

 Scope: Land (terrestrial), water (fluvial), and air (aerial). Includes territorial
sea, seabed, subsoil, insular shelves, and submarine areas.
 Archipelagic Doctrine: All waters around, between, and connecting islands
—regardless of breadth—are internal waters.
UNCLOS Zones (RA 9522)
 Territorial Sea (12 NM): Full sovereignty.
 Contiguous Zone (24 NM): Enforcement zone for customs, fiscal,
immigration, and health laws.
 Exclusive Economic Zone / EEZ (200 NM): Sovereign rights to explore
and exploit natural resources (includes Continental Shelf).
Innocent Passage (UNCLOS Arts. 17–19): Foreign ships enjoy innocent passage
through the Territorial Sea (12 NM) if navigation is continuous, expeditious, and
non-prejudicial to peace/security. ** NOT INTERNAL WATERS**
Key Distinctions: This right does NOT apply to internal waters.
⚖️Article II: Principles & State Policies
Key Provisions
 Sec. 1: Democratic & Republican state; sovereignty resides in the people.
 Sec. 2: Renounces war as an instrument of national policy (defensive
war is the sole exception); adopts generally accepted principles of
international law.
 Sec. 3: Civilian supremacy over the military (does not substitute for
civilian courts).
 Sec. 6: Inviolable separation of Church and State.
Crucial Legal Maxims
 Salus populi suprema est lex: The welfare of the people is the supreme
law.
 Pacta sunt servanda: International agreements must be kept in good
faith.
 Jus cogens: Compelling international law from which no derogation is
permitted.
Provisions: Self-Executing vs. Non-Self-Executing
 Self-Executing: Complete on its own; creates judicially enforceable rights
without enabling legislation.
 Non-Self-Executing: Policy guideline or directive; requires an enabling
law before court invocation.
Bar Exam Rule (Article II Challenges):
Provisions in Article II are generally declaratory and non-self-executing. They
cannot stand alone as a cause of action unless backed by an enabling
statute.
Constitutional Mechanics & Operations
Impeachable Officers Rule
 Impeachable officers can only be removed through impeachment (Article XI).
  While in office, they are immune from disbarment, administrative
removal, or other collateral sanctions.

Form of Government & Changes

 Amendment: Minor change/addition without altering basic principles.
 Revision: Alters fundamental principles or the structure of government.
 Tests:
o Quantitative: Number of provisions affected.
o Qualitative: Extent and impact on constitutional structure/rights.

Mode Who Proposes Threshold / Requirement

Con-Ass
(Constitutional Congress 3/4 vote of all Members
Assembly)

Con-Con 2/3 vote of Congress to call,

(Constitutional Delegates or majority vote to submit to
Convention) electorate

12% national voters + 3% per

PI (People’s
Registered Voters legislative district
Initiative)
(Amendments ONLY)

10% registered
Initiative and
voters in that Repeal or create an ordinance
referendum
municipality
 Ratification: Majority vote in a plebiscite held 60–90 days after approval.
🌐 Foreign Relations & State Immunity
Treaties vs. Executive Agreements
 Treaties: Require concurrence by at least 2/3 of all Senate Members (Art.
VII, Sec. 21).
o
 Executive Agreements: Entered into by the President without Senate
concurrence for administrative, routine, or implementing matters under
existing treaties/statutes. Equally binding under international law.
 Visiting Forces Agreement (VFA): A bilateral agreement governed by Art.
XVIII, Sec. 25, requiring recognition as a treaty and Senate concurrence.
State Immunity (Art. XVI, Sec. 3)
 General Rule: State cannot be sued without its consent.
 Jure Imperii: Sovereign/governmental acts → Immune.
 Jus Gestionis: Proprietary/commercial acts → Implied Consent (can be
sued).
 Express Consent: Specific general or special law (e.g., GOCC Charters).
  Special Agent: An officer given a fixed, definite order outside standard
duties (State may be liable under Act No. 3083).
 Diplomatic Immunity:
o Diplomatic Bag: Absolute immunity.
o Ambassadors: Absolute criminal immunity (civil immunity covers
official acts).
Separation of Powers & Judicial Review
Core Rule & Delegation
 Principle: Each co-equal branch is supreme within its constitutionally
allocated sphere.
 Delegata potestas non potest delegari: What has been delegated cannot
be further delegated.
Checks and Balances
Primary
Branch Checked By How Checked
Power

Legislati Makes Executive / Executive Veto (override requires 2/3

ve laws Judiciary vote); SC Judicial Review

Legislative power of the

Executiv Enforces Legislative /
purse/impeachment; SC review of
e laws Judiciary
executive acts

Legislative impeachment/statutory
Interprets Legislative /
Judiciary amendments; Executive appointment
laws Executive
power
Political Question Doctrine
 Issues of policy, wisdom, or political discretion left to the political branches
are non-justiciable.
 Jurisprudence Highlights:
o Belgica v. Ochoa: "Pork Barrel" declared unconstitutional because
post-enactment legislator participation in budget execution violates
separation of powers.

Delegation of Powers & Local Regulations

Permissible Delegation
 General Rule: Delegata potestas non potest delegari (Delegated power
cannot be further delegated).
 Exceptions (Allowed Delegation):
1. Constitutional authorization.
2. Statutory delegation (subordinate legislation, emergency powers to the
President, or delegation to Local Government Units / LGUs).
  Validity Tests: Must satisfy both the Complete Test (law is complete in
itself) and the Sufficient Standard Test (limits delegate's authority).
Local Ordinances: LGUs enforcing local restrictions (e.g., establishing a 50m–
100m buffer zone) act under delegated police power as a valid supplement to
national law, provided it is reasonable and within statutory limits.
⚖️Fundamental Powers of the State
┌─────────────────────────────────────────┐
│ FUNDAMENTAL POWERS OF THE STATE │
└────────────────────┬────────────────────┘
│

┌─────────────────────────────────┼─────────────────────────────────┐
▼ ▼ ▼
POLICE POWER EMINENT DOMAIN TAXATION
(Public Welfare) (Taking Property) (Raising Revenue)
• Restricts rights/prop • Expropriates private prop • Enforces
contribution
• NO compensation • REQUIRES Just Compensation • MUST be for
public purpose
1. Police Power
 Definition: Inherent power to promote public welfare, health, safety, and
morals (Art. II, Sec. 5).
 Impact: Regulates/restricts private rights and property without
compensation.
 Two-Prong Test for Validity:
1. Lawful Subject: Affects general public interest/welfare (not a private
group).
2. Lawful Means: Reasonably necessary to accomplish the purpose; not
unduly oppressive.
2. Equal Protection: Levels of Judicial Scrutiny (Art. III, Sec. 1)
Required Government
Level Applicability / Classification
Interest & Test

Economic, administrative, or Law is upheld if it bears a

Rational general statutory regulations reasonable relation to a
Basis (no fundamental right or legitimate state
suspect class). objective.

Quasi-suspect classes (e.g.,

Law must be substantially
Intermedia gender, illegitimacy) or
related to an important
te commercial speech / important
governmental objective.
rights.
 Required Government
Level Applicability / Classification
Interest & Test

Fundamental rights (e.g., free Law must be narrowly

speech, religion, privacy) or tailored to serve a
Strict
suspect classes (e.g., race, compelling state interest
alienage, national origin). (least restrictive means).
3. Eminent Domain (NE-P-P-Tak-Ju-Due)
 Definition: Taking of private property for public use upon payment of just
compensation (Art. III, Sec. 9).
 6 Essential Requisites:
1. Necessity: Genuine public necessity.
2. Private Property: Subject must be private.
3. Public Use: Broader concept of public utility/welfare (private profit
does not invalidate taking if public use exists).
4. Taking: Actual entry, restriction, or ouster of the owner.
5. Just Compensation: Full market value at time of taking (Courts
determine value; landowner gets interest if delayed).
6. Due Process: Notice and hearing required.
Bar Rules on Taking:
 Just compensation must be paid prior to taking (or initial deposit made for
entry).
 Never confuse "price offered" by the government with judicial "just
compensation."
4. Taxation (U-T-A-P-P)
 Definition: Inherent power to enforce proportional contributions for public
purposes (Art. VI, Sec. 28–29).
 Requisites for Validity:
1. Public purpose.
2. Authorized by law (Art. VI, Sec. 28[1]).
3. Taxing authority must be competent.
4. Payment/Contribution enforced.
5. Uniform and equitable.
Key Distinctions:
 Tax vs. Fine: Fine is punitive (Police Power); Tax is for revenue (Taxation
Power).
 Tax vs. License Fee: License fee is regulatory for privilege (Police Power);
Tax is revenue-raising.
 Tax Exemption Exclusivity: Requires concurrence of a majority of ALL
members of Congress.
 Retroactivity: Allowed if explicitly authorized and not arbitrary/violative of
due process.
🇵🇭 Article IV: Citizenship
Categories of Citizens (Art. IV, Sec. 1)
1. Citizens at the time of the adoption of the 1987 Constitution.
2. Those whose fathers or mothers are Filipino citizens (Jus Sanguinis).
3. Born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching majority age.
4. Naturalized in accordance with law.
 Natural-Born Citizen (Sec. 2): Citizens from birth without having to
perform any act to acquire or perfect citizenship.
 Former Citizens & Land Ownership (Art. XII, Sec. 8):
o Residential: Max 1,000 sq. m. (Urban) | 1 hectare (Rural).
o Commercial/Industrial: Max 5,000 sq. m. (Urban) | 3 hectares
(Rural).
Naturalization Modes & Requirements
A. Judicial Naturalization (C.A. 473)
 Standard Residency: 10 years continuous residence.
 Reduced Residency (5 years): Granted if the alien has:
o Rendered Government service;
o Introduced an Industry or invention;
o Married a Filipino woman;
o Taught in a school for 2 years; OR
o Was Born in the Philippines.
 Core Qualifications: ≥ 21 yrs old; owns ≥ ₱ 5,000 real estate or has lawful
occupation; good moral character; speaks/reads English, Spanish, or a local
dialect; enrolled minor children in PH schools.
B. Other Modes of Acquisition
 Administrative Naturalization (R.A. 9139): Aliens born and residing in
the PH for at least 18 years (Bureau of Immigration process).
 Legislative Naturalization: Special act passed by Congress.
Disqualifications (C.A. 473, Sec. 4): Opposition to organized government,
advocacy of violence, polygamy, crimes of moral turpitude, incurable contagious
diseases, lack of reciprocity from native country.
Denaturalization Grounds: Fraudulent naturalization, abandonment/prolonged
absence, invalid declaration of intention, failure to educate minor children, acting as
a dummy.
Loss & Reacquisition of Citizenship
Modes of Losing Citizenship (NEOMADD)
1. Naturalization in a foreign country (express/voluntary).
2. Express renunciation (expatriation).
3. Oath of allegiance to another country upon majority age.
4. Military service in a foreign armed force (without PH consent).
5. Abdication/Desertion from AFP in times of war (by final judgment).
6. Denaturalization by court judgment.
Bar Traps on Loss:
  Expatriation is a constitutional right, but cannot be done during wartime.
 Possession of a foreign passport or dual nationality does not automatically
mean loss of citizenship (Aznar v. COMELEC).
Dual Citizenship / Reacquisition (R.A. 9225)
 Retention/Reacquisition: Natural-born Filipinos who acquire foreign
citizenship take an Oath of Allegiance before an authorized officer.
 Effect: Restores/retains full civil and political rights.
 Condition for Running for Public Office:
o Elective Office: Personal and sworn renunciation of any and all
foreign citizenship before filing the Certificate of Candidacy (CoC).
o Appointive Office: Sworn oath of allegiance to the Republic and
renunciation of foreign citizenship upon assumption.
🇵🇭 Citizenship: Reacquisition & Dual Concepts
R.A. 9225 (Citizenship Retention & Reacquisition)
 Goal: Restores former natural-born status (Bengson III v. HRET).
 Process:
o Retention: For those who become dual citizens after 2003.
o Reacquisition: For those who lost citizenship before 2003.
 The "Twin Oath" Requirement:
1. Oath of Allegiance: To the Republic.
2. Sworn Renunciation: Only required for those intending to run for
elective public office.
 Key Principles:
o Involuntary Dual Citizenship: (Automatic) Not a ground for
disqualification.
o Voluntary Dual Citizenship: (By act of the person) Requires the
twin-oath to be eligible for office.
o Official Approval: Mere filing is insufficient; needs approval by
competent authority.
o Retroactivity: Reacquisition retroacts to the date of naturalization
only if it occurred after R.A. 9225; before 2003, it does not retroact.
Dual Citizenship vs. Dual Allegiance
 Dual Citizenship: Automatic (Conflict of laws). A person is a citizen of two
states. Allowed.
 Dual Allegiance: Voluntary (Individual's choice/loyalty). An individual
keeps a foreign passport and continues to perform acts of allegiance to the
foreign state while being a Filipino. Disqualifies for public office.
Article V: Suffrage & Election Law
1. The Right of Suffrage
 Nature: A fundamental political right; laws are construed liberally in favor
of enabling, not restricting, the right (Art. V, Sec. 1).
 Qualifications (FIL-R-O-S-E):
o Filipino Citizen.
 o Resident of PH for 1 year.
o Over 18 years old.
o Six months resident in the place of voting.
o Enrolled/Registered voter.
 Disqualifications (F>1-I-L):
o Final judgment of imprisonment ≥ 1 year (unless pardoned/amnesty).
o Insane or incompetent (declared by authority).
o Lost right under law (e.g., rebellion, sedition).
2. Registration & Deactivation
 Registration: Continuing, but suspended 120 days before a regular election.
 Deactivation: Due process (notice/hearing) is required before deactivation.
 Deregistration Grounds:
o Failure to vote in 2 successive regular elections.
o Conviction of offense ≥ 1 year imprisonment.
o Conviction of crime against national security.
o Loss of citizenship.
o Approval of registration in another jurisdiction.
3. Inclusion & Exclusion
 Nature: Summary remedies to ensure only qualified voters remain on the
list.
 Venue: MTC/MeTC where the voter is registered.
 Residency Test (Yra v. Abaño): Physical presence + intent to remain
(Animus manendi).
👤 Candidacy & The COMELEC
1. Certificate of Candidacy (COC)
 Ministerial Duty: COMELEC must receive/docket COCs that comply with
formal requirements. It cannot screen candidates based on "suitability,"
popularity, or political reasons.
 Material Misrepresentation: Disqualifies a candidate and renders the COC
null and void. Errors of form do not disqualify.
2. Substitution of Candidates
 Allowed: Only for withdrawal, death, or disqualification.
 Period: Must be within the deadline prescribed by law.
 Constraint: Independent candidates cannot be substituted; only party/party-
list candidates can.
3. Nuisance Candidates
 Definition: No genuine intention to run OR causes confusion.
 Effect: COC is canceled. No substitution allowed.
4. Prohibited Acts (Omnibus Election Code)
 Spending Ban: During the election period, public officials cannot
release/expend public funds for public works without COMELEC authorization.
💡 Quick-Fire Bar Review
 Issue Rule

No. It is a ministerial duty (Lambino

Can COMELEC refuse a valid COC?
v. COMELEC).

Is substitution allowed for

No.
Independents?

What happens after material Disqualification. COC is canceled

misrepresentation? (Biraogo).

Does Dual Citizenship disqualify No. Dual Allegiance (voluntary

you? loyalty) disqualifies.

Is notice required for

Yes. Due process is mandatory.
deactivation?

Got it! I’ve reviewed your uploaded notes on Campaign Laws, The Three-Term
Limit Rule, and the Table of Remedies (CDF-PEQR).
To help sharpen these for quick bar recall, here are crucial Bar traps, exceptions,
and key doctrines directly tied to the exact outline you provided:
⚡ Crucial Bar Nuances & Corrections
1. Lawful Election Propaganda & Non-Candidates (Diocese of Bacolod v.
COMELEC)
 The Rule: COMELEC regulates campaign materials as content-neutral time,
place, and manner regulations.
 The Bar Trap: Size limits on posters/tarpaulins apply to candidates and
political parties, NOT to non-candidate private citizens expressing
political speech or social advocacies (e.g., the "Team Buhay / Team Patay"
tarpaulin). Regulating private expression by non-candidates violates free
speech.
2. Three-Term Limit Rule (Involuntary Interruption)
For a term to count against the 3-term limit, it must be consecutive and fully
served.
 NOT an Interruption: Preventive suspension, voluntary resignation,
abandonment of office, or retirement.
 IS an Interruption:
1. Loss in an election protest (unseated during term).
2. Loss of title via Quo Warranto.
3. Abolition of the local government unit or position itself.
📑 Complete Election Remedies Quick-Guide
Here is the structured breakdown of your CDF-PEQR remedies plus Nuisance
Candidates, streamlined for quick spot-checking on grounds, periods, and venues:
 Period / Key Effect /
Remedy Grounds Venue
Deadline Bar Nuance

Within 5
days from
Material Treated as if
notice of
Petition to misrepresentati no COC was
filing, but
Cancel COC on in COC (age, COMELEC ever filed.
not later
(Sec. 78) citizenship, Votes are
than 25
residency). stray.
days from
COC filing.

Candidate
Conviction of cannot be
crimes proclaimed if
Any time
Petition for involving moral final. If not
before
Disqualificati turpitude, COMELEC final,
proclamati
on (Sec. 68) election candidate
on.
offenses (vote- may be
buying). unseated
later.

No bona fide
Cancellatio
intention to run,
n of COC.
or Within 5
Declare Votes cast
mocking/makin days from
Nuisance are credited
g a farce of COMELEC the last day
Candidate to the
elections, or for filing
(Sec. 69) legitimate
confusing COCs.
candidate (if
voters (similar
same name).
names).

Force majeure,
violence, Special
Before
terrorism, fraud election will
Failure of COMELEC proclamation
resulting in no be held for
Election En Banc (or as soon
election or the affected
as possible).
suspended area.
election.

Pre- Illegal Board of Before Suspends

Proclamation composition of Canvasser proclamati proclamatio
Controversy Board of s/ on. n. (Note: Not
 Period / Key Effect /
Remedy Grounds Venue
Deadline Bar Nuance

allowed for
Canvassers, President,
tampered/falsifi VP, Senators,
COMELEC
ed returns, &
manifest errors. Congressme
n).

Contest on
votes/returns HRET, Re-counts
based on fraud, SET, PET, Within 10 votes.
Election vote-buying, or RTC, or days from Winner
Protest irregularities MTC proclamation assumes or
during (depends . stays in
casting/countin on post) office.
g.

Ineligibility or Unseats the

Within 10
disloyalty to the HRET, proclaimed
Quo days from
Republic at the SET, PET, candidate if
Warranto proclamation
time of or Courts proven
.
election. ineligible.

Initiated by
Loss of
registered
Recall confidence by COMELEC
voters
the electorate.
(25%).

Election Law Nuance: Second-Placer Rule

The General Rule (Doctrine of the Rejected Candidate):
The second-placer NEVER succeeds a disqualified winning candidate because they
were not the choice of the electorate. The position becomes vacant, triggering
succession (under the LGC or Constitution) or a special election.
The Exception (Sec. 78 vs. Sec. 68 Distinction)
 Disqualification (Sec. 68): Candidate was qualified, but committed an
election offense/crime. Ground arises after or during candidacy. Second-
placer DOES NOT succeed. (Trigger succession/special election).
 Cancellation/Denial of Due Course to COC (Sec. 78): Candidate
committed material misrepresentation (e.g., lied about citizenship or age).
The COC is void ab initio.
 o Bar Exception (Labo v. COMELEC / Maquiling v. COMELEC): If the
cancellation of the COC becomes final BEFORE election day, or if the
candidate was a known non-citizen/ineligible whose disqualification
was final, the votes cast for them are considered stray. In this precise
scenario, the qualified candidate with the highest number of valid
votes (the "second placer") is declared the winner, because they
actually received the highest number of valid votes.
Article VI: Legislative Department
1. Composition & Qualifications
┌─────────────────────────────────────────┐
│ CONGRESS OF THE PH │
└────────────────────┬────────────────────┘
│
┌──────────────────────────┴──────────────────────────┐
▼ ▼
SENATE (24) HOUSE OF REPS (200-300+)
• Elected At-Large • 80% Legislative Districts
• Term: 6 yrs (Max 2 consecutive) • 20% Party-List
Representatives
• Qualifications: • Term: 3 yrs (Max 3 consecutive)
- Natural-born • Qualifications:
- ≥ 35 yrs old on election day - Natural-born
- Registered Voter - ≥ 25 yrs old on election day
- Read & Write - Registered Voter in District
- PH Resident ≥ 2 yrs - District Resident ≥ 1 yr
Party-List System (BANAT v. COMELEC & Atong Paglaum Rules)
 2% Threshold Rule: Parties getting ≥ 2 % of total party-list votes
automatically receive 1 guaranteed seat.
 Allocation of Remaining Seats: Parties getting ¿ 2 % can still obtain seats
to fill the 20% constitutional allocation using the ranking/proportional
formula.
 3-Seat Cap: Absolute maximum of 3 seats per party-list organization.
 Sectoral vs. Non-Sectoral (Atong Paglaum): Party-list groups do not
need to represent "marginalized and underrepresented" sectors exclusively;
political parties/coalitions can participate provided they represent principal
advocacies not contrary to law.
2. Legislative Privileges & Immunities
Privilege Scope Limits & Bar Traps

Speech & Absolute immunity Must be made in the legitimate

Debate from civil/criminal discharge of official functions (e.g.,
Clause liability for any committee hearings, plenary debates).
(Sec. 11) speech, debate, or Does not protect defamatory
 Privilege Scope Limits & Bar Traps

statements made in press conferences

vote in Congress.
outside Congress.

• Offense must be punishable by ≤ 6

years imprisonment.

Privilege
Immunity from arrest
from • Does NOT apply if Congress is in
while Congress is in
Arrest recess.
session.
(Sec. 11)

• Does NOT apply to detention after

final conviction (People v. Jalosjos).
3. Legislative Inquiries vs. Question Hour
┌──────────────────────────────────────────┬──────────────────────────
────────────────┐
│ INQUIRY IN AID OF LEGISLATION (Sec 21) │ QUESTION HOUR (Sec 22)
│
├──────────────────────────────────────────┼──────────────────────────
────────────────┤
│ Purpose: To gather facts for enacting │ Purpose: To answer inquiries regarding │
│ or amending laws. │ department policies/administration. │
│ │ │
│ Initiated by: Senate/House or Committees.│ Initiated by: Department Heads (own
│
│ │ initiative) OR Congress (upon request). │
│ │ │
│ Power to Compel: YES — May issue │ Power to Compel: NO — Requires prior
│
│ subpoenas and cite in contempt. │ consent of the President for Dept Heads.
│
│ │ │
│ Right to Self-Incrimination: APPLIES. │ Right to Self-Incrimination: APPLIES. │
│ Witness may refuse to answer specific │ │
│ incriminatory questions. │ │
└──────────────────────────────────────────┴──────────────────────────
────────────────┘
Contempt Limitation: Congressional contempt power is inherent, but detention
cannot be indefinite. It terminates upon the adjournment of that specific
Congress/session unless extended by valid rule.
4. Fiscal Powers & Appropriations
  Executive Budget Limit: Congress may NOT increase the budget
recommended by the President in the NEP for government operations.
 Automatic Reenactment Rule: If Congress fails to pass the General
Appropriations Act (GAA) before the fiscal year ends, the previous year's GAA
is automatically reenacted and stays in force until a new GAA is passed.
 Augmentation of Funds: Only the "Big 5" may augment existing items in
their respective appropriations from savings:
1. President
2. Senate President
3. Speaker of the House
4. Chief Justice of the Supreme Court
5. Heads of Constitutional Commissions (COMELEC, COA, CSC)
5. Constitutional Limitations on Legislation
 Bill of Attainder: A legislative act that inflicts punishment without a judicial
trial. (Violates due process and separation of powers).
 Ex Post Facto Law: A law that retroactively penalizes an act that was
innocent when done, or increases the penalty/alters rules of evidence to the
accused's prejudice. (Applies ONLY to criminal/penal laws).
 Non-Impairment Clause vs. Police Power: Contracts yield to the State's
valid exercise of police power. A law impairing contractual obligations is
constitutional if enacted to protect public welfare, safety, or health.
 Incompatible Office (Sec. 13): A legislator cannot hold any other
office/employment in the government during his term without forfeiting his
seat.
 Forbidden Office (Sec. 13): A legislator cannot be appointed to any civil
office created, or whose emoluments were increased, during the term for
which he was elected—even if he resigns before the term ends.

I. LEGISLATIVE PRIVILEGES & CHECKS

 Speech and Debate Clause: Members of Congress are immune from
liability for any speech/debate made in connection with legislative functions.
 Parliamentary Immunity: Cannot be questioned in any other place for
official legislative acts.
 Privilege from Arrest:
o Scope: Only for offenses punishable by 6 years or less of
imprisonment.
o Timing: Only while Congress is in session.
o Limitation: Does not cover crimes committed outside official duties or
grave offenses.
 Disciplinary Power: Each house can punish its own members; 2/3
vote required for suspension (max 60 days) or expulsion.

II. THE EXECUTIVE DEPARTMENT (ARTICLE VII)

A. Qualifications & Election
 The "40-10 NBV-RAR" Rule:
1. 40 years old on election day.
2. 10 years resident before election.
3. Natural-born citizen.
4. Ballot (Registered Voter).
5. Read and And Write.
 Term Limits:
o President: 6 years. Strictly no re-election. (If they served >4 years
as successor, they cannot run again).
o VP: 6 years. Max 2 successive terms.
 2nd Placer Rule: If the winner is disqualified, the 2nd placer cannot be
declared winner. A "disqualified" candidate is not a "dead" candidate; the
vacancy is filled via succession rules.
B. Presidential Immunity & Inhibitions
 Immunity from Suit: Only during tenure (actual time in office).
o Purpose: To ensure unhampered performance of duties.
o Rule: It is Immunity, not Impunity. Liability attaches once they
leave office (Estrada v. Desierto).
 Executive Privilege: The right to seal information regarding military,
diplomatic, or national security secrets.
C. Power of Control vs. Supervision
 Control (Executive Depts/Bureaus): Power to alter, modify, or
nullify acts of subordinates. The President can substitute his judgment for
theirs.
 Supervision (LGUs / Independent Bodies): Power to oversee and ensure
laws are followed. The President cannot substitute his judgment; he can only
point out irregularities.
 Doctrine of Qualified Political Agency: "The Alter Ego Doctrine." Acts of
Cabinet Secretaries are deemed acts of the President unless the President
disapproves/reproves them.
D. Power of Appointment
 H-E-A-D (Arm Up) - Requires CA Confirmation:
1. Heads of Executive Departments (Secretaries).
2. Embassadors / Public Ministers / Consuls.
3. Armed Forces officers (from Colonel/Naval Captain up).
4. Directors (Other officers whose appointments are vested in him by the
Constitution).
 Midnight Appointments: Prohibited 2 months before the next presidential
election until the end of the term.
o Exception: Temporary appointments for public safety.
  Ad Interim Appointment: Made while Congress is in recess. It is a
permanent appointment that takes effect immediately but expires if
bypassed/disapproved by the CA.
E. Commander-in-Chief Powers (The Escalation Ladder)
1. Calling Out Power: To prevent/suppress lawless violence. (Discretionary,
lowest level).
2. Suspension of the Writ of Habeas Corpus: Only in cases of Invasion or
Rebellion AND Public Safety requires it.
3. Martial Law: Same grounds as above.
o The 60-48-30 Rule:
 60 Days: Maximum duration (unless extended by Congress).
 48 Hours: President must report to Congress (in person or
writing).
 30 Days: Supreme Court must decide on its factual sufficiency if
petitioned.
o Note: Martial Law does not suspend the Constitution, the courts, or
the legislative houses.
F. Emergency Powers
 Source: Delegated by Congress via law.
 Conditions: During war or national emergency; for a limited period; subject
to restrictions set by Congress.
 Automatic Expiration: Ceases upon next adjournment of Congress unless
withdrawn sooner.

III. SUMMARY TABLE: APPOINTMENT TYPES

CA
Type When Made Effectivity
Concurrence

While Congress is in Only after CA Required

Regular
session consent Before

Ad Interim During Recess Immediate Required After

Acting/
Any time (Temporary) Immediate Not Required
Designation

2 months before Void (General

Midnight Prohibited
election Rule)

I. PARDONING POWER (EXECUTIVE CLEMENCY)

 Nature: Purely discretionary and political; not subject to judicial review.
"Mercy is executive, justice is judicial."
  Forms:
1. Pardon: Forgiveness; removes penalty (does not erase civil liability).
2. Amnesty: General pardon for political offenses; Requires Congress
concurrence.
3. Commutation: Reducing the sentence.
4. Reprieve: Temporary stay of execution.
 Limitations:
o No pardon for Impeachment.
o No pardon for Election offenses without COMELEC concurrence.
o Cannot be granted before conviction (except Amnesty).

II. DIPLOMATIC & APPROPRIATION POWERS

 Treaty vs. Executive Agreement:
o Treaty: Requires 2/3 Senate Concurrence. For permanent or
political changes.
o Executive Agreement: No Senate concurrence. For administrative,
technical, or routine implementation of existing laws/treaties.
 Withdrawal: The President has the prerogative to withdraw from treaties
(Bayan v. Executive Secretary).
 Augmentation of Funds: President may augment items in the budget only
from savings within the same department.
 Veto Power:
o Inaction: Bill becomes law after 30 days of presidential silence.
o Pocket Veto: Does not exist in the PH (inaction leads to the bill
becoming law, not dying).
o Line-Item Veto: Allowed only for Appropriation, Revenue, or Tariff
bills.
o Override: Congress needs 2/3 vote of each House.

III. RESIDUAL & DELEGATED POWERS

 Residual Powers: Inherent powers of the President as Chief Executive to
protect national interest/statecraft, even if not explicitly written (e.g., banning
a person from returning to the country for national security).
 Delegated Powers: Congress may delegate rule-making or emergency
powers to the President, provided they pass
the Completeness and Sufficient Standard tests.

IV. RULES OF SUCCESSION (The "Continuity" Chain)

1. Vacancy in Presidency: VP succeeds for the unexpired term.
2. Vacancy in Pres & VP:
o Order: Senate President
→
Speaker of the House.
 o Special Election: Must be called if both offices are vacant, unless the
vacancy occurs within 18 months before the next regular presidential
election.
3. Disability: If the President is unable to discharge powers, the VP acts as
President.

V. ARTICLE VIII: THE JUDICIAL DEPARTMENT

 Judicial Power: The duty to settle actual controversies involving rights
which are legally demandable and enforceable. Includes the Expanded
Jurisdiction (reviewing grave abuse of discretion by any branch).
A. The Supreme Court (SC)
 Composition: 1 Chief Justice + 14 Associate Justices (15 total).
 Qualifications: Natural-born, 40+ years old, 15 years of law
practice/judgeship.
 JBC (Judicial and Bar Council): Recommends a Short List of 3 to the
President. The President must choose from this list.
 Jurisdiction:
o Original: Cases affecting Ambassadors, Public Ministers, and where
the Government is a party.
o Appellate: Review of lower court decisions.
 En Banc vs. Division:
o En Banc (All 15): Constitutionality of treaties/laws, administrative
discipline of judges, and cases where a doctrine is modified/reversed.
o Division (Min. 3): Ordinary cases.
B. Judicial Review
 Requisites for Judicial Review (The "Actual Case" Rule):
1. Actual Case or Controversy: Not hypothetical or academic.
2. Locus Standi: The party must have a personal/substantial interest.
3. Earliest Opportunity: Must be raised in the pleadings.
4. Lis Mota: Constitutionality must be the very "cause" of the suit (last
resort).
C. Key Limits
 Political Questions: Courts cannot review policy wisdom (e.g., "Is this a
good law?")—only legality and constitutionality.
 Grave Abuse of Discretion: The "Modern" tool used by the SC to check if
other branches acted with such caprice that they lost jurisdiction.
I. JUDICIAL AND BAR COUNCIL (JBC) & LOWER COURTS
 JBC Composition: Chief Justice (Ex-officio Chair), Secretary of Justice, 1
Representative from Congress (Note: Only 1 vote for both Houses), and 4
regular members.
 Role: Prepares a Shortlist of at least 3 nominees for every judicial
vacancy. The President cannot appoint anyone outside this list.
 Sandiganbayan Jurisdiction:
 o Subject Matter: Graft and corruption (RA 3019) and related crimes.
o Scope: Public officials with Salary Grade 27 and above, OR specific
positions (Mayors, Governors) regardless of salary.
 Shari’a Courts: Exclusive jurisdiction over Muslim personal law (marriage,
inheritance).
 Judicial Independence:
1. Security of Tenure (until age 70).
2. Fiscal Autonomy (budget cannot be reduced below previous year).
3. Non-diminution of Salary during tenure.

II. PUBLIC INTERNATIONAL LAW (PIL)

A. Sources (Art. 38, ICJ Statute)
1. Treaties (Conventions): Written agreements (First resort).
2. Customary International Law (CIL): General practice of states + Opinio
Juris (belief that the practice is legally required).
3. General Principles of Law: Common to national systems (Estoppel, Good
Faith, Pacta Sunt Servanda).
4. Subsidiary Sources: Judicial decisions and teachings of highly qualified
publicists.
 Jus Cogens: Peremptory norms from which no derogation is permitted (e.g.,
prohibition of genocide, torture, slavery).
B. Relationship with Domestic Law
 Incorporation Clause (Art II, Sec 2): The Philippines adopts the generally
accepted principles of international law as part of the law of the land
(automatic for CIL).
 Transformation: Treaties require Senate concurrence to become part of
domestic law.
 Dualism vs. Monism: PH follows Dualism—International law and Domestic
law are separate; treaties need transformation (legislation/concurrence) to be
enforceable locally.
C. Bases of State Jurisdiction (PUP-NaT)
1. Territoriality: Acts within the state’s land/water/air.
2. Nationality (Active Personality): Regulating its own citizens even when
they are abroad.
3. Protective Principle: Jurisdiction over acts abroad that threaten state
security (Treason, Counterfeiting).
4. Universality: Jurisdiction over "enemies of mankind" (Piracy, Genocide, War
Crimes) regardless of where the act happened.
5. Passive Personality: Jurisdiction based on the nationality of
the victim (often used in terrorism).
D. Immunities
 State Immunity (Jure Imperii): A state cannot be sued for sovereign acts.
 Diplomatic Immunity (VCDR 1961):
o Criminal: Absolute immunity in the host state.
 o Civil: Immune for official acts (Exceptions: private immovable property
or professional/commercial activity outside official functions).
 Consular Immunity (VCCR 1963): Immunity applies only to official
acts (Functional Immunity).
E. State Responsibility
 Elements:
1. Attribution: The act of an official/organ is considered an act of the
State.
2. Breach: The act violates an international obligation.
 Remedy: Full reparation (Restitution, Compensation, or Satisfaction).

III. EXTRADITION VS. DEPORTATION

Feature Extradition Deportation

Power of the State

Basis Treaty-based (Reciprocity)
(Immigration Law)

To remove an
Purpose To face trial or serve sentence
undesirable alien

Administrative
Process Judicial (Court hearing) (Bureau of
Immigration)

Double Criminality (Crime in both

Principl Violation of local
states) & Specialty (Trial only for the
es stay/immigration rules
specific crime requested)
 Non-Refoulement: A state cannot return a person to a country where they
face a substantial risk of torture or persecution.

IV. INTERNATIONAL HUMAN RIGHTS LAW

1. Universal Declaration of Human Rights (UDHR): Not a treaty, but
considered CIL; foundational principles.
2. ICCPR (Civil & Political): Requires immediate implementation.
Includes non-derogable rights (Right to life, freedom from torture/slavery)
that cannot be suspended even in emergencies.
3. ICESCR (Economic, Social, Cultural): Requires progressive
realization (States must act to the maximum of available resources over
time).

V. QUICK RECALL MAXIMS

 Pacta Sunt Servanda: Treaties must be kept in good faith.
 Rebus Sic Stantibus: A fundamental change of circumstances may justify
terminating a treaty.
  Persona Non Grata: A host state’s right to expel a diplomat without
explanation.
 Act of State Doctrine: A state will not judge the validity of another state’s
public acts within its own territory.

This is the final Fast Note Summary for International Humanitarian Law (IHL),
International Dispute Resolution, and Philippine Local Government Units (LGUs).

I. INTERNATIONAL HUMANITARIAN LAW (IHL)

 Purpose: To limit the effects of armed conflict for humanitarian reasons.
Protects those not or no longer participating in hostilities (hors de combat).
 Types of Conflict:
1. International Armed Conflict (IAC): Between two or more States.
(Full Geneva Conventions + Protocol I apply).
2. Non-International Armed Conflict (NIAC): Between a State and a
non-state group, or between groups. (Common Article 3 + Protocol II
apply).
Core International Crimes:
1. War Crimes: Serious violations of IHL (e.g., targeting civilians, torture, using
human shields).
2. Genocide: Killing or harm committed with the specific intent to destroy, in
whole or in part, a national, ethnical, racial, or religious group.
3. Crimes Against Humanity: Widespread or systematic attacks against a
civilian population (does not require an armed conflict).
ICC vs. ICJ:
 International Criminal Court (ICC): Prosecutes Individuals for criminal
liability. (Principle of Complementarity: Acts only when national courts are
unable/unwilling).
 International Court of Justice (ICJ): Settles disputes between States.
Non-criminal.

II. DISPUTE RESOLUTION & USE OF FORCE

 General Rule: Use of force is prohibited (Art 2(4) UN Charter).
 Exceptions (Use of Force):
1. Self-Defense (Art. 51): Must be in response to an actual armed
attack; must be necessary and proportionate.
2. Security Council Authorization: Under Chapter VII for international
peace.
 Dispute Settlement: Negotiation, Mediation, Conciliation, Arbitration, and
Judicial Settlement (ICJ).

III. LOCAL GOVERNMENT UNITS (ARTICLE X)

A. Principles of Local Autonomy
  Autonomy vs. Independence: LGUs have administrative decentralization,
not sovereignty.
 Supervision vs. Control:
o The President exercises Supervision: The power to oversee and
ensure laws are followed.
o The President does NOT exercise Control: He cannot substitute
his judgment for that of the LGU (e.g., he cannot dictate how they
spend their budget).
 Fiscal Autonomy: LGUs have the power to create their own sources of
revenue and have a "just share" in national taxes (National Tax Allotment).
B. Requisites for Creation (IPL + Plebiscite)
 Rule: Every creation, division, or merger requires a law passed by Congress
AND a Mandatory Plebiscite by the affected inhabitants.
 Creation Requirements (General Guide):
1. Province: ₱20M Income | 250k Pop | 2,000 sq km.
2. City: ₱100M Income | 150k Pop | 100 sq km.
3. Municipality: ₱2.5M Income | 25k Pop | 50 sq km.
4. Barangay: 2k Pop (5k in Metro Manila).
 Note: Income must be from locally generated sources (excluding IRA/NTA).
C. Powers of LGUs
1. Police Power (General Welfare Clause): Delegated by Congress.
o Valid Ordinance Test: (1) Must not contravene the Constitution/Law;
(2) Must not be unfair/oppressive; (3) Must not be discriminatory; (4)
Must not prohibit trade but only regulate it.
2. Eminent Domain:
o Requirements:
1. Authorized by Ordinance (not just a resolution).
2. For Public Use/Purpose.
3. Payment of Just Compensation.
4. Valid Prior Offer: Must prove they tried to buy the land first
and were rejected. (Essential!).
5. Provisional Deposit: 15% of market value to take possession.

IV. AUTONOMOUS REGIONS

 Nature: Created for regions sharing common historical/cultural heritage
(e.g., BARMM).
 Creation: Organic Act + Plebiscite.
 Limitation: They remain under the general supervision of the President.
They are NOT sovereign states.

BAR EXAM QUICK RECALL:

 Can the President fire a Mayor? No, only the courts or the Sanggunian
(via administrative case) can remove; the President only supervises.
  Is a plebiscite needed to move a boundary? Yes, any alteration of
territory requires a plebiscite.
 Can an LGU take land for a socialized housing project? Yes, via Eminent
Domain, provided there was a prior valid offer to the owner.
 ICC vs ICJ: ICC = Individual/Criminal. ICJ = State/Civil.

I. LGU POWERS (TAXATION, ROADS, AND CORPORATE)

 Taxation (U-T-A-A-P):
o LGUs have delegated power to tax.
o Uniformity & Equity: Taxes must be fair.
o Prohibition: LGUs cannot tax the National Government.
o Requirement: Tax ordinances must be published to be valid.
 Opening and Closure of Roads (Sec. 21):
o Temporary: Mayor can close for fiestas/safety via ordinance.
o Permanent: Requires Ordinance + Public Hearing. Find that the
road is no longer needed for public use.
o Private Lands: Cannot open a road on private land
without Expropriation + Just Compensation.
 Corporate Powers & Liability:
o Ultra Vires Acts: Acts beyond statutory power are void and cannot
be ratified.
o Liability:
 Governmental Functions: LGU is immune (e.g., fire/police
response).
 Proprietary Functions: LGU is liable (e.g., operating a public
market or park).
 Ordinance vs. Resolution:
o Ordinance: Permanent; prescribes a rule of conduct; can impose
penalties.
o Resolution: Temporary; expresses an opinion or policy; cannot impose
penalties.
o Veto: Mayor has 10 days (Municipality) or 15 days (City/Province) to
act, or it becomes law.

II. BOUNDARY DISPUTES, SUCCESSION, AND RECALL

 Boundary Disputes:
o Process: Must go through Administrative
Settlement (DILG/Sanggunian) before going to Court (Judicial).
o Rule: Actual possession and taxation for decades usually favor the
current possessor.
 Succession Rules:
o Mayor/Governor Vacancy: Automatic succession
by Vice-Mayor/Vice-Governor.
 o Vice-Mayor Vacancy: Highest-ranking Sanggunian member (based
on votes).
o Special Election: Only if vacancy occurs with more than 18
months before the next election.
 Recall & Term Limits:
o Recall: Removal by voters due to loss of confidence.
o Prohibition: Cannot happen within 1 year after taking office or 1
year before the next election.
o Term Limit: 3 Consecutive Terms.
o Note: Suspension does not interrupt a term; only a voluntary
resignation or a loss in a previous election does.

III. ARTICLE III: BILL OF RIGHTS (DUE PROCESS & EQUAL PROTECTION)
 Void-for-Vagueness Doctrine: Applies only to Penal Statutes. A law is
void if people of common intelligence must guess its meaning.
 Due Process:
o Judicial: Strict adherence to court rules.
o Administrative: Requires Fairness and the right to be
heard (Technical rules of evidence are not required).
 Equal Protection (4-Part Test): A classification is valid if:
1. Based on substantial distinctions.
2. Germane (relevant) to the purpose of the law.
3. Not limited to existing conditions only.
4. Applies equally to all in the same class.
Standards of Judicial Review (The 3 Tests):
1. Rational Basis Test: For economic laws. Requirement: Reasonable
relation to a legitimate state purpose.
2. Intermediate Scrutiny: For Quasi-suspect classes (Gender, Illegitimacy)
and Commercial Speech. Requirement: Substantially related to
an important government objective.
3. Strict Scrutiny: For Fundamental Rights (Speech, Religion) and Suspect
Classes (Race, National Origin). Requirement: Compelling State
Interest + Narrowly Tailored (least restrictive means).

IV. ARRESTS, SEARCHES, AND SEIZURES

 Valid Warrant Requirements:
1. Probable Cause.
2. Personally determined by a Judge.
3. Examination under Oath.
4. Particularity: Describes specifically the place to be searched and
things/persons to be seized (No General Warrants).
Exceptions: Warrantless Arrests (Rule 113)
1. In Flagrante Delicto: Caught in the act.
 2. Hot Pursuit: Crime just committed; officer has personal knowledge of facts.
3. Escapees: Prisoner escaping from confinement.
Exceptions: Warrantless Searches
1. Search Incidental to Lawful Arrest: Searching the person for
weapons/evidence.
2. Plain View: Officer is legally present; evidence is inadvertently discovered
and immediately apparent as illegal.
3. Moving Vehicle (Automobile): Valid if limited to a visual search, unless
there is probable cause to open the trunk/bags.
4. Stop & Frisk (Terry Search): Requires Reasonable Suspicion (not just a
hunch) that the person is armed and dangerous. Limited to a pat-down.
5. Consented Search: Must be voluntary, knowing, and intelligent.
6. Customs/Border Search: Lower standard of privacy at national borders.

HIGH-YIELD BAR RECALL:

 Judge vs. Prosecutor: Only a Judge can issue a warrant. A prosecutor's
finding of probable cause is for filing information, not for issuing warrants.
 General Welfare Clause: This is the source of LGU Police Power.
 Ordinance > Resolution: To exercise Eminent Domain or Close a Road,
an Ordinance is mandatory.

This is the Fast Note Summary for the core Bill of Rights (Privacy, Speech,
Religion, Travel, and Information).

I. PRIVACY & THE EXCLUSIONARY RULE

 Exclusionary Rule: Evidence obtained in violation of constitutional rights
is inadmissible for any purpose in any proceeding (Fruit of the Poisonous
Tree).
 Privacy of Communication (Sec. 3):
o Rule: Inviolable unless there is a (1) Lawful court order, or (2) Public
safety/order requirement prescribed by law.
o Scope: Applies to all proceedings (civil, criminal, administrative).
Covers letters, messages, calls, and digital data.
o Test: Reasonable Expectation of Privacy (Subjective +
Objective). Note: Public officials have a reduced expectation of privacy
regarding official duties.

II. DATA PRIVACY ACT (RA 10173)

 Processing (CURS): Collection, Use, Recording, Storage. Even storage
without use is processing.
 Exceptions (JAA): Journalistic, Artistic, or Academic purposes.
 Personal vs. Sensitive Information:
o Personal: Identifies the individual (Name, address).
 o Sensitive: High-risk data (Race, health, sexual life, social security
numbers, offenses).
 Lawful Basis: Consent is generally required UNLESS the processing is for a
legal obligation, to protect the life/health of the subject, or for a
constitutional/statutory function.
 Rights of Subject (I-ACCORD-D): Information, Access, Correction, Contest,
Object, Removal, Portability, and Damages.

III. FREEDOM OF SPEECH & EXPRESSION (SEC. 4)

 General Rule: Government action restricting speech is presumptively
unconstitutional.
 Types of Restraint:
1. Prior Restraint: Censorship before speech happens (Generally void).
2. Subsequent Punishment: Penalty after the speech happens.
 Tests/Scrutiny:
o Content-Based: Regulates the subject of the speech. Test: Strict
Scrutiny (Compelling State Interest + Least Restrictive Means).
o Content-Neutral: Regulates the time, place, or manner.
Test: Intermediate Scrutiny.
 Facial Challenges (Only for Speech):
o Overbreadth Doctrine: The law is so broad it "chills" protected
speech along with unprotected speech.
o Void-for-Vagueness: People don't know what is prohibited.
 Unprotected Speech: Obscenity, Libel/Slander, Fighting Words, and
Incitement to imminent lawless action.

IV. FREEDOM OF RELIGION (SEC. 5)

 Non-Establishment Clause: The State must be neutral. No "State Religion,"
no favoring one over another.
 Free Exercise Clause:
1. Freedom to Believe: Absolute.
2. Freedom to Act: Subject to regulation if it violates laws/morals/public
policy.
 Standard: Benevolent Neutrality: The Philippine government
may accommodate religion as long as it does not favor one or coerce
others.
 Test: If a law burdens religion, the State must show a Compelling State
Interest and use the Least Restrictive Means.

V. LIBERTY OF ABODE & RIGHT TO TRAVEL (SEC. 6)

 Abode: Right to choose where to live.
 Travel: Right to move within or leave the country.
 Hold Departure Order (HDO):
 o Issued by: ONLY the Courts.
o Grounds: Criminal cases or serious offenses.
 Watchlist Order (WLO):
o Issued by: DOJ (Administrative).
o Function: Monitors travel; does not prohibit it.
 Note: Neither the DOJ nor the Bureau of Immigration can unilaterally issue an
HDO.

VI. RIGHT TO INFORMATION (SEC. 7)

 Coverage: Citizens have the right to info on matters of public concern.
 Scope: Primarily applies to the Executive Branch (FOI rules).
 Non-Disclosure Exceptions (High-Yield):
1. National Security / Military Secrets.
2. Diplomatic Negotiations.
3. Trade Secrets / Banking Info.
4. Personal Privacy of others.
5. Law Enforcement / Investigative records.
 Timeline: Agency must act within 15 working days. Inaction is considered
a deemed denial, allowing the citizen to seek judicial remedy.

EXAM RECALL TIPS:

 Privacy: If the question mentions "CCTV" or "Facebook messages," start with
Article III, Sec 3.
 Speech: If the government stops a rally because of the message = Strict
Scrutiny. If they move the rally because of traffic = Intermediate Scrutiny.
 Religion: Mention "Benevolent Neutrality" for extra points—it is the specific
Philippine doctrine.
 HDO: Always remember Judicial Power. Executive agencies cannot stop you
from leaving the country; only a judge can.

This is the final Fast Note Summary for the remaining sections of the Bill of
Rights (Article III) and R.A. 11032 (Ease of Doing Business Act).

I. R.A. 11032: EASE OF DOING BUSINESS ACT

 The 3-7-20 Rule (Working Days):
1. Simple Transactions: 3 days.
2. Complex Transactions: 7 days.
3. Highly Technical: 20 days.
 Automatic Approval: If the agency fails to act within the prescribed time,
the application is deemed approved, provided all requirements were met
and fees paid.
o Exception: No automatic approval if it involves Public Safety,
Health, or Morals.
  Accountability: The Head of Agency is primarily responsible for
implementation.
 Enforcement: ARTA (Anti-Red Tape Authority) investigates and
recommends cases.

II. CONTRACTS & ASSOCIATIONS

 Right to Association (Sec. 8): Inviolable for lawful purposes. Public and
private sector employees can form unions/associations.
 Non-Impairment of Contracts (Sec. 10):
o Rule: Laws cannot change the obligations of existing contracts.
o Supreme Exception: The Police Power of the State. Contracts must
yield to the general welfare (e.g., a law increasing minimum wage
impairs existing employment contracts but is valid as Police Power).

III. CUSTODIAL INVESTIGATION (SEC. 12)

 Trigger: When a person is (1) Under custodial restraint/police custody, and
(2) Questioned about a crime.
 Rights (The Miranda Rights):
1. Right to remain silent.
2. Right to competent and independent counsel (preferably of own
choice; if not, provided by State).
3. Right to be informed of these rights.
 Waiver: Must be in writing and in the presence of counsel.
 Exclusionary Rule: Any confession or admission obtained in violation of
Sec. 12 is inadmissible.

IV. RIGHTS OF THE ACCUSED (SEC. 14-17)

 Free Access to Courts (Sec. 11): Poverty shall not be a barrier to justice.
Indigents must get legal assistance.
 Speedy Disposition/Trial: Applies to all cases (administrative, civil,
criminal). Delay must be "vexatious, capricious, and oppressive" to be a
violation.
 Right Against Self-Incrimination (Sec. 17):
o Scope: Only covers Testimonial Compulsion (forcing someone to
speak/write).
o Not Covered: Physical acts like DNA tests, fingerprints, or paraffin
tests (these are not "testimony").

V. DOUBLE JEOPARDY (SEC. 21)

 Requisites (Jeopardy must "attach"):
1. Valid Complaint/Information.
2. Competent Court.
3. Arraignment and Valid Plea.
 4. The case is terminated by Conviction, Acquittal, or Dismissal
without consent of the accused.
 Bar Trap (Dismissal with Consent): Generally, if the accused asks for
dismissal, double jeopardy does not attach.
o BUT: If they ask for dismissal based on Insufficiency of Evidence
(Demurrer) or Violation of Speedy Trial, it is equivalent to
an Acquittal. Double Jeopardy does apply.
 Supervening Fact: If a person is convicted of physical injuries and the
victim dies later, they can be charged with Homicide (No double jeopardy).

VI. PUNISHMENT & DEBT (SEC. 18-20)

 Involuntary Servitude (Sec. 18): Forbidden.
o Exception: Punishment for a crime where the party has been duly
convicted.
 Cruel & Unusual Punishment (Sec. 19):
o Proportionality: Punishment must fit the crime.
o Death Penalty: Not inherently "cruel," but its imposition is
currently prohibited by law.
 Non-Imprisonment for Debt (Sec. 20):
o Rule: You cannot go to jail for failing to pay a civil debt (loans, credit
cards).
o The Nuance: You go to jail for the Crime/Fraud, not the debt.
 Bouncing Checks (BP 22): Jail is for the act of issuing a bad
check (crime against public order).
 Estafa: Jail is for the deceit/fraud.
 Taxes: No jail for simple deficiency; jail is for Willful Tax
Evasion.

FINAL SUMMARY TABLE FOR BILL OF RIGHTS

Standard of
Right Key Mnemonic/Tip
Review

Reasonable
Privacy Exclusionary Rule applies.
Expectation

Speech Strict/Intermediate Content-based = Strict Scrutiny.

Benevolent Compelling State Interest needed

Religion
Neutrality to limit.

Custodi Counsel must be present for

Miranda Rights
al waiver.
 Jeopard
Conviction/Acquittal Demurrer to Evidence = Acquittal.
y

Fraud/Bad Checks = Criminal (Jail

Debt Civil vs. Criminal
OK).
I. EX POST FACTO & BILL OF ATTAINDER
 Ex Post Facto Law: A law that makes an act criminal that was legal when
committed, or increases the penalty retroactively.
o Bar Tip: Applies ONLY to Penal/Criminal laws. It does not apply to
civil or remedial laws.
 Bill of Attainder: A legislative act that inflicts punishment without a
judicial trial. It bypasses the Judiciary.

II. THE SPECIAL WRITS (THE "PROTECTIVE" REMEDIES)

Protected
Writ Key Grounds/Nuance
Right

Habeas Physical
Illegal detention or deprivation of liberty.
Corpus Liberty

Life, Liberty, Extrajudicial Killings (EJKs) and Enforced

Amparo
Security Disappearances (or threats thereof).

Habeas Privacy / To access, correct, or delete personal data held

Data Information by the State or private entities.

Balanced Environmental damage of such magnitude it

Kalikasan
Ecology affects 2 or more cities/provinces.
High-Yield Nuances:
 Habeas Corpus Suspension: Only during Invasion or
Rebellion when Public Safety requires it.
 Amparo/Habeas Data: Can be filed against State Agents OR Private
Individuals (if there is state complicity or violation of rights).
 Kalikasan (The Trap): You CANNOT claim individual damages in a Writ of
Kalikasan. If you want damages, file an ordinary civil action. It requires
"transcendental importance."

III. SOCIAL JUSTICE & HUMAN RIGHTS

 Social Justice (Calalang v. Williams): Neither communism nor despotism;
it is the "humanization of laws" to ensure the well-being of all people.
 Commission on Human Rights (CHR):
o Nature: An Investigative body only.
 o Limits: It is NOT a court. It cannot adjudicate, cannot award
damages, and cannot issue injunctions. It only finds facts and
recommends prosecution.

IV. ACADEMIC FREEDOM

 Coverage: Applies only to Institutions of Higher
Learning (Colleges/Universities).
 The Four Essential Freedoms (Institutional):
1. Who may teach.
2. What may be taught.
3. How it shall be taught.
4. Who may be admitted to study.
 Note: Academic freedom belongs primarily to the Institution, not
necessarily the individual student or teacher.

V. ADMINISTRATIVE LAW
A. Powers of Administrative Agencies
1. Quasi-Legislative (Rule-Making):
o Legislative Rules: Have the force of law; Require Publication to be
valid.
o Interpretative Rules: Guidelines/Advisories; Do not require
publication.
o Validity Test: Rules must be (1) Authorized by law, (2) Within the
scope of the law, and (3) Reasonable.
2. Quasi-Judicial (Adjudicatory):
o The power to hear and decide cases.
o Requires Administrative Due Process (Notice and Hearing).
B. Administrative Due Process (Cardinal Primary Rights)
 Note: Technical rules of evidence (from court) do not apply, but "fairness" is
mandatory.
1. Right to a hearing.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself (Substantial
Evidence).
4. The evidence must be substantial.
5. The decision must be based on the records of the case.
6. The body must act on its own independent consideration of the facts.
7. The decision must be rendered in a manner that the parties can know the
issues and the reasons for the decision.

VI. DOCTRINES OF REVIEW

 Doctrine of Exhaustion of Administrative Remedies: You must go
through all levels of the administrative agency before going to court.
 o Exception: Purely legal questions or if the agency action is patently
illegal.
 Doctrine of Primary Jurisdiction: If a case requires the specialized
expertise of an agency (e.g., technical engineering or environmental issues),
the court will not resolve it until the agency has acted.
 Substantial Evidence: The "Quantum of Proof" in administrative cases. It
means such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion. (Lower than "Preponderance of Evidence"
and "Proof Beyond Reasonable Doubt").

. ADMINISTRATIVE LAW: ADJUDICATION & REVIEW

 Cardinal Primary Rights (Ang Tibay v. CIR):
1. Right to a hearing.
2. The tribunal must consider the evidence.
3. The decision must have substantial evidence (the "quantum of
proof" in admin law).
4. Evidence must be on the record.
5. Independent consideration (the body must think for itself).
6. The decision must state the facts and the law used.
 Licensing: A license is a privilege, not a property right. It can be revoked
under the State's police power. No one has a "vested right" to a license.
 Res Judicata: Applies to administrative decisions only if the agency was
acting in a quasi-judicial (not just ministerial) capacity.
Judicial Review Doctrines (High-Yield):
1. Doctrine of Primary Jurisdiction: If a case requires specialized/technical
expertise (e.g., environmental science, telecommunications), courts will not
step in until the agency has ruled.
2. Exhaustion of Administrative Remedies: You must use all internal agency
appeals before going to court.
o Exceptions (Skip the Agency if):
 Pure question of law.
 Patently illegal act / Grave abuse of discretion.
 Violation of Due Process.
 Urgent need for judicial intervention.
 Agency is the alter-ego of the President.

II. CONSTITUTIONAL COMMISSIONS (ARTICLE IX)

The "Big Three" (CSC, COMELEC, COA) are designed to be independent of the
three main branches of government.
A. Safeguards of Independence
 Fiscal Autonomy: Their budget is released automatically and cannot be
reduced.
 Fixed 7-Year Term: Members are appointed for 7 years without
reappointment.
  Impeachment: They can only be removed through impeachment (not
by the President).
 Salary Protection: Their pay cannot be decreased during their term.
 No Reappointment: Once a person serves a full term (or part of it), they
can never be reappointed to the same commission.
o Appointed by president (chairman + 2 commission)
B. The Three Commissions at a Glance
Commissi Compositi
Core Function
on on

Personnel/Human Resources of the

CSC 3 Members
Government.

Enforcing election laws; deciding election contests

COMELEC 7 Members
(except Pres/VP/Congress).

Auditing all government funds,

3
COA expenditures, and GOCCs with or without
Members
charter.
C. Common Qualifications & Prohibitions
 Qualifications: Natural-born citizens, at least 35 years old, with specific
professional expertise (Lawyers/CPAs).
 Prohibitions (During Tenure):
1. No other office/employment.
2. No practice of profession.
3. No active management of a business.
4. No financial interest in government contracts.
5. Strictly NO partisan political activity.

III. SUMMARY OF ELECTION JURISDICTION

 President & Vice-President: Supreme Court sitting as
the PET (Presidential Electoral Tribunal).
 Senators: SET (Senate Electoral Tribunal).
 Congressmen: HRET (House of Representatives Electoral Tribunal).
 Local Officials (Regional/Provincial/City): COMELEC.
 Municipal/Barangay Officials: Regional Trial Courts / Municipal Trial Courts
(appealed to COMELEC).

BAR EXAM FINAL CHECKLIST:

 3-7-20 Rule: Memorize for R.A. 11032 (Ease of Doing Business).
 Substantial Evidence: This is the magic phrase for Administrative Law
cases.
 Independence: If the President tries to fire a Commissioner, cite Article XI
(Impeachment).
 No Reappointment: If a Commissioner resigns halfway and the President
tries to put them back in later, it is unconstitutional.
 Exhaustion: Always ask: "Did the petitioner go to the Department
Secretary/Board first?" If not, the case is premature.