CONSTITUTIONAL LAW POLITICAL LAW LAST MINUTE TIPS

2022 UP LAW BOC LMTs

POLITICAL LAW
I. CONSTITUTIONAL LAW which seeks to make Bible reading a part of
the curriculum of public schools. If enacted
into law, would the proposed Mandatory
Q: Revision v. Amendment
Bible Reading Act be struck down as
unconstitutional?
Answer: Revision broadly implies a change
that alters a basic principle in the Constitution.
Answer: Yes, this is unconstitutional for
There is also revision if the change alters the
violating the Non-Establishment Clause. The
substantial entirety of the Constitution.
State cannot set up a Church; nor pass laws
Amendment broadly refers to a change that
which aid one religion, aid all religion, or prefer
adds, reduces, or deletes without altering the
one religion over another nor force nor
basic principle involved. Revision generally
influence a person to go to or remain away from
affects several provisions of the Constitution,
church against his will or force him to profess a
while amendment generally affects only the
belief or disbelief in any religion. The State
specific provision being amended [Lambino vs.
cannot punish a person for entertaining or
COMELEC, G.R. No. 174153, (2006)].
professing religious beliefs or disbeliefs, for
church attendance or nonattendance. No tax in
Q: What are the procedural limitations to
any amount, large or small, can be levied to
the power to enact laws?
support any religious activity or institution. The
state cannot openly or secretly participate in
Answer: The following are procedural
the affairs of any religious organization or
limitations to the power to enact laws:
group and vice versa.
1. No bill passed by either House shall
become a law unless it has passed 3
Q: What is the difference between the void
readings on separate days and printed
for vagueness and the overbreadth
copies thereof in its final form have been
doctrine?
distributed to its members three days
before its final passage [Sec. 26(2), Art. VI].
Answer: A statute or act suffers from the
2. Upon the last reading of a bill, no
defect of vagueness when it lacks
amendment thereto shall be allowed [Sec.
comprehensible standards that men of
26(2), Art. VI].
common intelligence must necessarily guess at
3. All appropriation, revenue or tariff bills, bills
its meaning and differ as to its application. It is
authorizing increase in public debt, bills of
repugnant to the Constitution in 2 respects: (1)
local application, and private bills shall
it violates due process for failure to accord
originate exclusively in the House of
persons, especially the parties targeted by it,
Representative [Sec. 24, Art. VI].
fair notice of the conduct to avoid; and (2) it
leaves law enforcers unbridled discretion in
The presidential certification can be dispensed
carrying out its provisions and becomes an
with the requirement not only of printing but
arbitrary flexing of the Government muscle. In
also of reading the bill on separate days. The
contrast, the overbreadth doctrine has to
phrase “except when the President certifies to
necessarily apply a facial type of invalidation in
the necessity of its immediate enactment, etc.”
order to plot areas of protected speech,
in Art. VI, Sec. 26(2) qualifies two stated
inevitably almost always under situations not
conditions before a bill can become a law: (i)
before the court, that are impermissibly swept
the bill has passed 3 readings on separate
by the substantially overbroad regulation.
days and (ii) it has been printed in its final form
Otherwise stated, a statute cannot be properly
and distributed three days before it is finally
analyzed for being substantially overbroad if
approved [Tolentino v. SOF, 235 SCRA 630,
the court confines itself only to facts as applied
664].
to the litigants. [Samahan ng mga
Progresibong Kabataan v. Quezon City, G.R.
Q: Abante filed HB No. 2069 or the proposed
No. 225442 (2017)]
Mandatory Bible Reading Act of 2019,
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CONSTITUTIONAL LAW POLITICAL LAW LAST MINUTE TIPS
Q: When is delegation of powers [BANAT v. COMELEC, GR No. 179271,
permissible? 2009]

Answer: There is permissible delegation in the Example: If there are 253 district
following cases: representatives for the 2022 elections, divide
1. Delegation to the People at large, like: it by 4 to get the party-list seats. This means
a. System of initiative and referendum that 63 seats should be guaranteed for party-
[Art. VI, Sec. 32, Const.] list representatives.
b. Requirement of plebiscite in the
creation, division, merger, and abolition First, one seat is given to all those who reached
of LGUs. [Art. X, Sec. 10, Const.] the 2% minimum. If 6 party-lists qualified, 57
2. Emergency powers of the President. [Art. seats are left.
VI, Sec. 23(2), Const.]
3. Tariff Powers of the President [Art. VI, Sec. Second, the first party-list received 5.74% of
28(2), Const.] the votes, and multiplying this to 57, you get
4. Delegation to Administrative Bodies (power 3.27 seats. However, because of the 3-seat
of subordinate legislation) cap, the first party-list can only get a total of 3
5. Delegation to LGUs [CRUZ] seats.

Q: What are the tests for valid delegation of The next party-list received 2.74% of the votes,
legislative power? and multiplying this to 57, you get 1.56. This
means that the second party will be entitled to
Answer: [Abakada v. Ermita, GR 168056, 2 seats in total. This goes on for all the party-
(2005)]. lists which reached the 2% minimum.
1. Completeness Test - The law must be
complete in itself and must set forth the Third, if there are still seats available, all other
policy to be executed. The only thing to be party-lists next-in-rank shall be assigned 1 seat
done is enforce the law. each, until all available seats are distributed.
2. Sufficient Standard Test - The law must fix
a standard, the limits of which are Q: What is the Nazareth Doctrine?
sufficiently determinate or determinable, to
which the delegate must conform Answer: No money shall be paid out of the
Treasury except in pursuance of an
Q: What is the three-stage formula to fill up appropriation made by law. [Nazareth v. Villar,
party-list seats? G.R. No. 188635]

Answer: Preliminarily, party-list Q: What are the requisites for the valid
representatives shall constitute 20% of the total transfer of appropriated funds under Sec.
number of the HOR, including those under the 25(5), Art. VI of the Constitution?
party-list.
1. The first seat is given to parties that Answer: (1) There is a law authorizing the
obtained a minimum of 2% of the total President, the Senate President, the Speaker
votes cast in a party list election. of the HOR, the Chief Justice, and the heads of
2. In the second stage, the percentage of the Constitutional Commissions to transfer
votes obtained by the partylist is multiplied funds within their respective offices; (2) The
by the remaining seat available for party- funds to be transferred are savings generated
list representatives (total seats less seats from the appropriations for their respective
given in stage 1). Recall, however, that a offices; and (3) The purpose of the transfer is
party-list cannot hold more than 3 seats. to augment an item in the general
a. Note: Round down decimals. appropriations law for their respective offices.
3. In the third stage, if there are still seats left [Araullo v. Aquino, G.R. No. 209287 (2014)]
from the the party list quota of 20% of all
the seats in the HOR, one seat is given to
each of the parties next-in-rank until all
available seats are completely distributed.

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CONSTITUTIONAL LAW POLITICAL LAW LAST MINUTE TIPS
Q: Is it necessary for the entire complement prevent. It requires that the evil consequences
of a Constitutional Commission to be sought to be prevented must be substantive,
present or sitting on the bench in order to extremely serious, and the degree of
constitute a Commission sitting en banc? imminence extremely high. [Chavez v.
Gonzales, G.R. No. 168338, (2008)]
Answer: No. The power of the Commission en
banc to promulgate the Resolution is Q: What are the requisites for invoking
sanctioned by the 1987 Constitution. Sec. 6, presidential privilege?
Art. IX-A thereof expressly grants each
Constitutional Commission en banc to Answer:
promulgate its own rules concerning pleadings 1. Formal claim of privilege: For the privilege
and practice before it or before any of its to apply there must be a formal claim of the
offices.It is not necessary that the entire privilege. Only the President or the
complement of the Commission be present or Executive Secretary (by authority of the
sitting on the bench in order to constitute a President) can invoke the privilege
Commission sitting en banc. In sum, An en 2. Specificity requirement: A formal and
banc does not mean full membership of the proper claim of executive privilege requires
Commission. [DFAv. Commission on Audit, a specific designation and description of
G.R. No. 194530, 2020, J. Caguioa] the documents within its scope as well as
precise and certain reasons for preserving
Q: What are the tests applied in equal confidentiality. Without this specificity, it is
protection clause cases? impossible for a court to analyze the claim
short of disclosure of the very thing sought
Answer: The three tests are the following: to be protected.
1. Rational Basis Scrutiny – the traditional
test, which requires “only that government Once properly invoked, a presumption arises
must not impose differences in treatment that it is privileged. If what is involved is the
except upon some reasonable presumptive privilege of presidential
differentiation fairly related to the object of communications when invoked by the
regulation.” Simply put, it merely demands President on a matter clearly within the domain
that the classification in the statute of the Executive, the said presumption dictates
reasonably relates to the legislative that the same be recognized and be given
purpose. preference or priority, in the absence of proof
2. Intermediate Scrutiny – requires that the of a compelling or critical need for disclosure
classification (means) must serve an by the one assailing such presumption [Neri v.
important governmental objective (ends) Senate, G.R. No. 180643 (2008)].
and is substantially related to the
achievement of such objective. A Q: What are the requisites to be entitled to
classification based on sex is the best- registration of a land of public domain?
established example of an intermediate
level of review. Answer:
3. Strict Scrutiny - requires that the 1. Land applied for is alienable public land;
classification serve a compelling state and
interest and is necessary to achieve such 2. Applicant openly, continuously, exclusively
interest. This level is used when suspect and notoriously possessed and occupied
classifications or fundamental rights are the same since June 12, 1945 or earlier.
involved.
Lands declared available for registration may
Q: When can there be a content-based prior then be subject to registration upon proofs of
restraint on free speech? the foregoing. Thus, upon registration, they are
covered under the Torrens title system. They
Answer: The Philippines generally adheres to are considered private properties. On the other
the clear and present danger test. It provides hand, land which remains as part of the public
that speech may be restrained because there domain cannot be subject of any land
is substantial danger that the speech will likely registration proceedings. [Fil-Estate v.
lead to an evil the government has a right to Republic, G.R. No. 192393, 2019, J. Caguioa]
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CONSTITUTIONAL LAW POLITICAL LAW LAST MINUTE TIPS
Q: The Heirs of Rolly moved to dismiss a Q: Does the mere reception of a text
case filed by the Republic to challenge their message from an anonymous person
registered title located in the Special Clark suffice to create probable cause that
Economic Zone (SCEZ). It argued that since enables the authorities to conduct an
some hectares of the CSEZ formed part of extensive and intrusive search without a
the Clark Air Base (CAB), the same has search warrant?
been transferred to the BCDA. It claimed
that BCDA, and not the Republic, should Answer: No. In situations involving
institute the case. Are the Heirs of Rolly warrantless searches and seizures, "law
correct? enforcers cannot act solely on the basis of
confidential or tipped information. A tip is still
Answer: No. BCDA itself is owned solely by hearsay no matter how reliable it may be. It is
the Republic. The BCDA does not own the not sufficient to constitute probable cause in
military reservations and their extensions, the absence of any other circumstance that will
including the CAB lands, that were transferred arouse suspicion." [Sapla y Guerrero, GR No.
to it. The BCDA's status as a mere trustee of 244045, J. Caguioa]
the CAB lands is made obvious by the fact that
under the law creating it, its executive head Q: May the non-impairment clause be
cannot even sign the deed of conveyance on invoked against police power or eminent
behalf of the Republic and only the President domain?
of the Philippines is authorized to sign such
deed of conveyance. This is a clear recognition Answer: No. The non-impairment clause has
that the property being disposed of belongs to never been a barrier to the exercise of police
the Republic pursuant to Sec. 48, Chapter 12, power and likewise eminent domain. [Heirs of
Book I of the Administrative Code. Therefore, Ardona v. Reyes, G.R. Nos. L-60549, 60553 to
the case should not be dismissed because the 60555 (1983)]
Republic is the real party in interest and not the
BCDA. [Republic v. Heirs of Bernabe, G.R. No. Q: May the National Grid Corporation of the
237663 (2020), Caguioa] Philippines, a GOCC, expropriate property
owned by PNOC Alternative Fuels Corp.,
Q: What does “at least 60% of whose capital which is also a GOCC?
is owned by such citizens..." under Art. XII,
Sec. 11 of the Constitution mean? Answer: A GOCC may expropriate the
property of another GOCC if the latter’s
Answer: Full and legal beneficial ownership of property is patrimonial property. A
60% of the outstanding capital stock, coupled patrimonial property is considered private
with 60% of the voting rights, must rest in the property and is therefore subject to
hands of Filipino nationals. expropriation. [PNOC Alternative Fuels Corp.
v. National Grid Corp. of the PH, G.R. No.
For purposes of determining compliance [with 224936 (2019), J. Caguioa]
the constitutional or statutory ownership], the
required percentage of Filipino ownership shall Q: May a medical student invoke freedom of
be applied to BOTH (a) the total number of religion to be excused from fulfilling
outstanding shares of stock entitled to vote in academic requirements on a Saturday
the election of directors; AND (b) the total because his religion does not allow him to
number of outstanding shares of stock, do so?
whether or not entitled to vote...” [Roy v.
Herbosa, G.R. No. 207246. 2017, Caguioa] Answer: Yes. In Valmores v. Achacoso (G.R.
No. 217453, July 19, 2017, J. Caguioa), the
Court issued a writ of mandamus to compel
Dean Achacoso of the Mindanao State
University to comply with the CHED
memorandum to uphold a student's religious
obligations. It said that the such religious duties
take precedence over his academic
responsibilities, consonant with the
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constitutional guarantee of free exercise and 3. Has assumed office. [Reyes v. COMELEC,
enjoyment of religious worship. G.R. No. 207264 (2013)]

Q: Does the COMELEC have the authority to

promulgate rules regarding the bearing,
carrying, or transporting of firearms on the
premise that it does so during the election
period?

Answer: Yes. The COMELEC was granted the

power to issue the implementing rules and
regulations of Section 32 of R.A. No. 7166,
which provides that it is unlawful for any person
to bear, carry, or transport firearms or other
deadly weapons in public places during the
election period, even if otherwise licensed to do
so. Under this broad power, the COMELEC
was mandated to provide the details of who
may bear, carry or transport firearms or other
deadly weapons, as well as the definition of
"firearms," among others. These details are left
to the discretion of the COMELEC, which is a
constitutional body that possesses special
knowledge and expertise on election matters,
with the objective of ensuring the holding of
free, orderly, honest, peaceful and credible
elections. [PADPAO v. Commission on
Elections, G.R. No. 223505 (2017)]

Q: Does the CSC have the authority to issue

rules regarding appeal in administrative
disciplinary cases?

Answer: The CSC, as the central personnel

agency of the Government, has jurisdiction
over disputes involving the removal and
separation of all employees of government
branches, subdivisions, instrumentalities and
agencies, including government-owned or
controlled corporations with original charters. It
is the sole arbiter of controversies relating to
the civil service. In line with this power, the
CSC may issue rules on administrative cases
in the civil service, including appeals regarding
administrative disciplinary cases. [Narcilla v.
MTRCB, G.R. No. 223449 (2020)]

Q: When does HRET/SET assume

jurisdiction?

Answer: The HRET/SET assumes jurisdiction

when a candidate:
1. Has been proclaimed;
2. Taken his oath (a) in open session and (b)
before the Speaker of the HOR/Senate
President;
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LAW ON PUBLIC OFFICERS POLITICAL LAW LAST MINUTE TIPS

II. LAW ON PUBLIC 1. The dishonest act caused serious damage

and grave prejudice to the Government;
OFFICERS 2. The respondent gravely abused his
authority in order to commit the dishonest
Q: Are all acts of misconduct by a public act;
officer subject to administrative liability? 3. Where the respondent is an accountable
officer, the dishonest act directly involves
Answer: No. In order to establish property, accountable forms or money for
administrative liability for misconduct, there which he is directly accountable and the
must be a nexus between the public official's respondent shows an intent to commit
acts and the functions of his or her office. A material gain, graft and corruption;
nexus should be established between the 4. The dishonest act exhibits moral depravity
functions of the official and a scheme to on the part of the respondent;
defraud the Government. The Ombudsman 5. The respondent employed fraud and/or
cannot satisfy the threshold of substantial falsification of official documents in the
evidence using only conjectures and commission of the dishonest act related to
suppositions. While the quantum of evidence in his/her employment;
administrative cases does not require that it be 6. The dishonest act was committed several
overwhelming or preponderant in order to be times or in various occasions;
considered substantial, this does not sanction 7. The dishonest act involves a Civil Service
drawing a nexus that is tenuous or rests on examination irregularity or fake Civil
shaky grounds [Rejas v. Ombudsman, G.R. Service eligibility such as, but not limited to
Nos. 241576 & 241623, J. Caguioa]. impersonation, cheating and use of crib
sheets;
Q: When PNP ordered helicopters under a 8. Other analogous circumstances.
set of minimum specifications, it was later [Lukban v. Carpio-Morales, G.R. No. 238563,
discovered that the helicopters accepted by J. Caguioa].
the PNP do not actually match the minimum
specifications and were, in fact, pre-owned Q: Emelio and Joseph were third rank
by the First Gentleman. Thus, the public servants holding Career Executive
Ombudsman filed a criminal case against Serivce Officer status. The CESB
the Chief of the Management Division of the recommended their promotion but upon
PNP Directorate for Comptrollership. The review of the resolution, the Office of the
said Chief of the Management Division President noticed that Emilio and Joseph
signed “Noted” on the report issued by the signed their own resolutions. The OP was
PNP Inspection and Acceptance Committee not satisfied with their written explanation
(IAC), which issued a Resolution finding the and found them guilty of simple negligence.
helicopters to match the required minimum They were thus suspended for 3 months
specifications and recommended the and stripped of their CESO ranks. Can
acceptance of the helicopters. Is the Chief Emilio and Joseph move for the
of the Management Division liable for reconsideration?
serious dishonesty?
Answer: No. The power of appointment, and
Answer: No. The Chief of the Management conversely, the power to remove, is essentially
Division cannot be held liable for serious discretionary and cannot be controlled, even by
dishonesty or conduct prejudicial to the best Courts, so long as such powers are exercised
interest of the service. Dishonesty has been properly by the appointing authority. Absent
defined as the concealment or distortion of any showing of grave abuse of discretion
truth, showing lack of integrity or a disposition amounting to lack or excess of jurisdiction, the
to defraud, cheat, deceive, or betray and an finding of their guilt of simple negligence and
intent to violate the truth. It is not simply bad revocation of their CESO ranks must be
judgment or negligence but is a question of upheld. [Domingo v. Ochoa, G.R. Nos.
intention. For Dishonesty to be considered 226648-40 (2019) J. Caguioa]
serious, and warranting dismissal from service,
one of the following circumstances must be
present:
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ADMINISTRATIVE LAW POLITICAL LAW LAST MINUTE TIPS

III. ADMINISTRATIVE LAW Recall that the purpose of permissible

delegation to dministrative agencies is for the
latter to "implement the broad policies laid
Q: How must the Supreme Court treat the
down in a statute by 'filling in' the details whicq
findings of quasi-judicial bodies?
the Congress may not have the opportunity or
competence to provide." [COTESCUP v.
Answer: Findings of fact of quasi-judicial
Secretary of Education, GR No. 216930,
bodies, which have acquired expertise since
(2018) Caguioa]
their jurisdiction is confined to specific matters,
are generally accorded not only respect, but
Q: The Ombudsman found Lukban guilty of
also finality, especially when affirmed by the
conspiring with other officers of the PNP.
Court of Appeals. [Global Medical Center of
Lukban moved for his exclusion from the
Laguna, Inc. v. Ross Systems International,
charge holding him administratively liable
Inc., G.R. Nos. 230112 & 230119 (2021), J.
on the ground that conspiracy cannot be a
Caguioa]
factor to consider in administrative cases.
Is Lukban correct?
Q: How must courts treat the interpretation
by administrative agencies of its own rules,
Answer: Yes. Lukban’s argument is correct.
regulations, and guidelines?
Conspiracy as a means of incurring liability is
strictly confined to criminal cases; even
Answer: The Court has consistently yielded
assuming that the records indicate the
and accorded great respect to the
existence of a felonious scheme, the
interpretation by administrative agencies of
administrative liability of a person allegedly
their own rules unless there is an error of law,
involved in such scheme cannot be established
abuse of power, lack of jurisdiction or grave
through conspiracy, Considering that one’s
abuse of discretion clearly conflicting with the
administrative liability is separate and distinct
letter and spirit of the law. [GMA Network v.
from penal liability. In administrative cases, the
NTC, G.R. No. 192128 & 192135-36, (2017) J.
only inquiry in determining liability is simply
Caguioa]
whether the respondent, through his individual
actions, committed the charges against him
Q: What is the doctrine of qualified political
that render him administratively liable. [Lukban
agency?
v. Ombudsman Carpio-Morales, G.R. No.
238563 (2020), J. Caguioa]
Answer: Also called the alter ego doctrine, this
doctrine provides that “the heads of the various
executive departments are the alter egos of the
President and, as such, the actions taken by
them in the performance of their official duties
are deemed the acts of the President unless
the latter disapproves such acts.”

Q: Did the K-12 Law constitute an undue

delegation of legislative power?

Answer: No. The law adequately provided the

legislative policy that it seeks to implement
under its “Declaration of Policy.” Moreover,
scattered throughout the law are the standards
to guide the DepEd, CHED and TESDA in
carrying out the provisions of the law, from the
development of the K to 12 BEC, to the hiring
and training of teaching personnel and to the
formulation of appropriate strategies in order to
address the changes during the transition
period. Thus, both tests were complied with.

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ELECTION LAW POLITICAL LAW LAST MINUTE TIPS

IV. ELECTION LAW regardless of the date of filing of the

administrative complaint as long as the
wrongdoing was committed prior to the re-
Q: What does a natural-born Filipino citizen
election date. It extinguishes only the
who has lost their citizenship by reason of
administrative but not the criminal or civil
naturalization abroad need to do to qualify
liability incurred during the previous term of
to run for elective public office in the
office.
Philippines?
HOWEVER, the Condonation Doctrine has
Answer: 1) Re-acquire Philippine citizenship
been ABANDONED in our jurisdiction. Re-
by taking an oath of allegiance to the Republic
elections of public officials from the finality of
of the Philippines; and 2) Make a personal and
the Carpio-Morales decision [12 April 2016]
sworn renunciation of his foreign citizenship.
and onwards no longer have the effect of
[RA 9225, Sec. 5(3)]
condoning their previous misconduct. [Carpio-
Morales v. CA, G.R. Nos. 217126-27 (2015)].
Q: Distinguish between disqualification
under Sec. 68 and Petition to Deny Due
Q: What is the process for impeachment?
Course to or cancel a certificate of
candidacy under Sec. 78 of B.P. Blg. 881.
Answer:
1. The HOR shall have the exclusive power to
Answer: Disqualification (under Sec. 68,
initiate all cases of impeachment.
among others) does not void a COC, i.e., the
2. A verified complaint for impeachment may
candidate is merely prohibited from continuing
be filed by any Member of the HOR or by
as a candidate. He can be substituted by
any citizen upon a resolution or
another person bearing the same surname and
endorsement by any Member thereof,
belonging to the same political party.
which shall be included in the Order of
Business within 10 session days, and
In contrast, Cancellation (under Sec. 78)
referred to the proper Committee within 3
results in the COC being void ab initio, i.e., the
session days thereafter. The Committee,
person was never a valid candidate. Thus, he
after hearing, and by a majority vote of all
cannot be substituted. The votes cast for them
its Members, shall submit its report to the
would be considered “stray” and would not be
House within sixty session days from such
counted. The candidate getting the highest
referral, together with the corresponding
number of votes, excluding the stray votes,
resolution. The resolution shall be
would be declared winner.
calendared for consideration by the House
within ten session days from receipt
Q: What is material misrepresentation?
thereof.
3. A vote of at least one-third of all the
Answer: It refers to a misrepresentation as to
Members of the House shall be necessary
the substantial qualifications for elective office
either to affirm a favorable resolution with
under Sec. 39 of the LGC, made to deceive the
the Articles of Impeachment of the
electorate as to such qualifications. [Salcedo II
Committee, or override its contrary
v. COMELEC, G.R. No. 135886 (1999)]
resolution. The vote of each Member shall
be recorded.
Q: What is the Condonation Doctrine? Is
4. In case the verified complaint or resolution
such doctrine still operative in our
of impeachment is filed by at least one-third
jurisdiction?
of all the Members of the House, the same
shall constitute the Articles of
Answer: Having been re-elected, an elective
Impeachment, and trial by the Senate shall
official is no longer amenable to administrative
forthwith proceed.
sanctions for infractions allegedly committed
5. No impeachment proceedings shall be
during the preceding term because each term
initiated against the same official more than
is separate from other terms. Re-election to
once within a period of 1 year.
office operates as a condonation of the
a. Initiation takes place by the act of filing
official’s previous misconduct to the extent of
and referral or endorsement of the
cutting off the right to remove him. This applies
impeachment complaint to the House
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Committee on Justice or, by the filing Q: Quo warranto v. Impeachment
by at least one-third of the members of
the HOR with the Secretary General of Answer:
the House.
Quo Warranto Impeachment
6. The Senate shall have the sole power to try
and decide all cases of impeachment. Political in nature; Judicial
When sitting for that purpose, the Senators exercised by the determination of the
shall be on oath or affirmation. When the legislative eligibility or validity of
President of the Philippines is on trial, the the election or
Chief Justice of the Supreme Court shall Meant to vindicate appointment of a
preside, but shall not vote. No person shall the violation of the public official based
be convicted without the concurrence of public’s trust by on predetermined
two-thirds of all the Members of the Senate. determining the rules
7. Judgment in cases of impeachment shall public officer’s
not extend further than removal from office fitness to stay in
and disqualification to hold any office under office, and to indict
the Republic of the Philippines, but the him for commission
party convicted shall still be liable and of impeachable
subject to prosecution, trial, and offenses, without
punishment, according to law. [Sec. 3, Art. question to his title to
XI]. the office he holds
Q: Election Protest v. Quo Warranto. Based on the Lies on the usurping,
commission of an intruding, or
Answer: As to the nature, in an election impeachable offense unlawfully holding or
protest, it is strictly a contest between the exercising of a public
defeated and winning candidates based on office
grounds of election frauds or irregularities as to
who actually obtained the majority of the legal Renders officer unfit Renders them
votes and therefore is entitled to hold the office; to continue ineligible to hold the
while in quo warranto, it refers to questions of exercising his or her position to begin with
disloyalty or ineligibility of the winning office
candidate and it is a proceeding to unseat the
ineligible person from office, but not to install
the protestant in place. Q: May quo warranto and impeachment
proceedings be simultaneously filed?
As to who can file, in an election protest, it can
only be filed by a candidate who has duly filed Answer: Yes. Quo warranto and impeachment
a certificate of candidacy and has been voted may proceed independently of each other as
for; while in quo warrant, it can be filed by any these remedies are distinct as to (1) jurisdiction
voter and it is not considered a contest where (2) grounds, (3) applicable rules pertaining to
the parties strive for supremacy. initiation, filing and dismissal, and (4)
limitations.
As to the effect, in an election protest, a
protestee may be ousted and the protestant Q: Is impeachment an exclusive remedy by
seated in the office vacated; while in quo which an impeachable official may be
warranto, even if the respondent may be removed from office?
unseated, the petitioner will not be seated.
Answer: No. The language of Sec. 2, Art. XI of
the Constitution does not foreclose a quo
warranto action against impeachable officers.
The provision uses the permissive term “may”
which denotes discretion and cannot be
construed as having a mandatory effect,
indicative of a mere possibility, an opportunity,

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or an option. [Republic v. Sereno, G.R. No.
237428 (2018)]

Q: What is the primary concern of the PET

in the determination of the issue(s) raised
before it? Should it take into consideration
the percentage of shading in each of the
contested ballot?

Answer: The setting of the threshold of

shading the spots for candidates for the 2016
elections is the function of the COMELEC.
However, this is a non-issue during the revision
process. The purpose of the revision
proceedings is simply to conduct a physical
recount of the ballots and thereafter provide
both parties the opportunity to register their
objections and claims thereon. During the
revision proceedings, there is yet no final
deduction or addition of votes. There is merely
a preliminary segregation and classification in
order to facilitate the recording of objections or
claims, if any. It is only after the PET has
deliberated and ruled on the validity of the
objections or claims that a deduction or
addition of votes will take place. For this
purpose, the Tribunal relies on how the VCMs
counted the votes in order to segregate the
ballots during the revision stage. The threshold
used by the VCMs is not the final determinant
of whether a vote will be counted in favor of
protestant or protestee. [Marcos, Jr. v.
Robredo, P.E.T. Case No. 005 (2018)]

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V. LOCAL GOVERNMENTS Q: The Governor issued 97 new

appointments as a result of the
reorganization of the provincial
Q: What are the requisites of a valid
government plantilla positions. The former
ordinance?
permanent provincial employees sought
reinstatement and alleged that the issued
Answer: For an ordinance to be valid, it must
97 new appointments should be nullified. Is
not only be within the corporate powers of the
their claim tenable?
LGU to enact and must be passed according to
the procedure prescribed by law, it must also
Answer: Yes. An appointment, by its very
conform to the following substantive
nature, is a highly discretionary act. However,
requirements: (1) must not contravene the
it must be reconciled with the provisions of R.A.
Constitution or any statute; (2) must not be
6656, which provides that when reorganization
unfair or oppressive; (3) must not be partial or
is done in bad faith, the aggrieved employee,
discriminatory; (4) must not prohibit but may
having been removed without valid cause, may
regulate trade; (5) must be general and
demand for his reinstatement or
consistent with public policy; and (6) must not
reappointment. Hence, there is no
be unreasonable [Lagcao vs. Labra, G.R. No.
encroachment on the discretion of the
155746, (2004); Ferrer vs. Bautista, G.R. No.
appointing authority when the CSC revokes an
210551 (2015)].
appointment on the such ground. In such
instance, the CSC is not actually directing the
Q: What are the qualifications for local
appointment of another but simply ordering the
elective officials?
reinstatement of the illegally removed
employee. [Cerilles v. CSC, G.R. No. 180845,
Answer: Sec. 39 of LGC.
(2017), J. Caguioa]
1. Citizen of the Philippines
2. Age on the day of elections
Q: May the inaction of a municipal mayor
a. Governor, Vice Governor,
submit her to criminal liability for inaction
Sangguniang Panlalawigan Member,
on an application for a renewal of a
Mayor, Vice Mayor, Member of
business permit?
Sangguniang Panglungsod in Highly
Urbanized Cities - at least 23 years old
Answer: In Mayor Lacap v. Sandiganbayan
b. Said officials in component cities and
[G.R. No. 198162 (2017)], the Court said that
municipalities - at least 21 years old
an inaction or refusal to act is a course of action
c. Sangguniang Panglungsod, Bayan,
anathema to public service with utmost
and Barangay Members and Punong
responsibility and efficiency. If the deliberate
Barangay - at least 18 years old
refusal to act on an application for mayor's
d. Sangguniang Kabataan Members - at
permit is motivated by personal conflicts and
least 18 years old but not more than 24.
political considerations, it thus becomes
3. Registered voter in the locality where he
discriminatory and constitutes a violation of the
intends to be elected
Anti-Graft and Corrupt Practices Act.
4. Resident thereof for a period of at least 1
year immediately preceding the day of the
Q: What are the requisites of a valid
election
ordinance?
5. Able to read and write Filipino or any other
local language or dialect
Answer: The requisites of a valid ordinance is
as follows: (1) it must be within the corporate
Q: Is plebiscite required for the validity of
powers of the concerned local government unit
the creation of a legislative district?
to enact, (2) it must be passed in accordance
with the procedure prescribed by law, and (3)
Answer: No. Legislative districts are not LGUs
the ordinance i) must not contravene the
and the Constitution and the LGC only require
Constitution or any statute; (ii) must not be
a plebiscite to carry out any creation, division,
unfair or oppressive; (iii) must not be partial or
merger, abolition or alteration of boundary of
discriminatory; (iv) must not prohibit, but may
local government units.
regulate trade; (v) must be general and
consistent with public policy; and (vi) must not
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be unreasonable. [City of Batangas v. However, this immunity shall not apply to a civil
Philippine Shell Petroleum Corporation, G.R. action either:
No. 195003, (2017), J. Caguioa] 1. Arising out of a contract by a consular
officer or employee, which he did not
VI. PUBLIC conclude expressly or impliedly as an
agent of the sending state; or
INTERNATIONAL LAW 2. By a third party for damage arising from an
accident caused by vehicle, vessel or
Q: What are the privileges or immunities of aircraft in the receiving State. [Art. 43,
diplomatic envoys from the civil or criminal VCCR]
jurisdiction of the receiving state?
Q: What are the privileges or immunities of
Answer: A diplomatic agent enjoys immunity administrative and technical staff?
from criminal jurisdiction of the receiving State.
He may not be arrested, prosecuted, or Answer: They are exempt from all taxes and
punished for any offense he may commit, dues, personal or real, national, regional or
unless his immunity is waived. [Art. 31, VCDR] municipal to the same extent as Diplomatic
Agents but are not exempt from customs
A diplomatic agent enjoys inviolability of his duties, taxes and related charges except in
person, and he is not liable to any form of arrest respect to articles imported at the time of first
or detention [Art. 29, VCDR] installation. [Art. 37(2), VCDR]

A diplomatic agent also enjoys immunity from Q: What is the archipelagic doctrine? Is it
its civil and administrative jurisdiction, except in reflected in the 1987 Constitution?
the following instances:
1. A real action relating to private immovable Answer: The archipelagic doctrine prescribes
property situated in the territory of the a principle that archipelago should be
receiving State, unless he holds it on behalf considered one integrated unit instead of
of the sending State for the purposes of the being divided into several islands. This can be
mission; effected by connecting the outermost point of
2. An action relating to succession in which the outermost island of the archipelago with a
the diplomatic agent is involved as straight baseline and all the waters inside the
executor, administrator, heir or legatee as baseline shall be considered internal waters. It
a private person and not on behalf of the is reflected in the Constitution under Art. 1,
sending State; which states that “the waters around, between,
3. An action relating to any professional or and connecting the islands of the archipelago,
commercial activity exercised by the regardless of their breadth and dimensions,
diplomatic agent in the receiving State form part of the internal waters of the
outside his official functions [Art. 31, Philippines.”
VCDR].
While “internal waters” are not recognized
Q: What are the privileges or immunities of under international law since UNCLOS III
consular officers from the civil or criminal treats the waters inside the baseline as
jurisdiction of the receiving state? “archipelagic waters,” the Court has held that
whether referred to as Philippine "internal
Answer: A consular officer does not enjoy waters" or as "archipelagic waters" under
immunity from the criminal jurisdiction of the UNCLOS III, the Philippines exercises
receiving State. [Art. 41, VCCR] sovereignty over the body of water lying
landward of the baselines, including the air
Consular officers and employees are entitled to space over it and the submarine areas
immunity from the jurisdiction of administrative underneath. In the absence of municipal
and judicial authorities in the receiving state legislation, international law norms (now
with respect to acts performed in exercise of codified in UNCLOS III) operate to grant
consular functions. [Art. 43, VCCR] innocent passage rights over the territorial sea
or archipelagic waters, subject to the treaty's
limitations and conditions for their exercise.
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Significantly, the right of innocent passage is a
customary international law, thus automatically
incorporated in the corpus of Philippine law. No
modern State can validly invoke its sovereignty
to absolutely forbid innocent passage that is
exercised in accordance with customary
international law without risking retaliatory
measures from the international community.
[Magallona v. Ermita, 655 SCRA 476].

Q: Who is a refugee; internally displaced

person; asylum seeker?

Answer: A refugee is one who is outside

his/her country of origin or outside the country
of his/her former habitual residence, and who
is unable or unwilling to avail him/herself of the
protection that country owing to a well-founde
fear of being prosecuted by reason of race,
religion, nationality, membership of a particular
social group, or political opinion. (Art. 1, 1951
Refugee Convention)

An internally displaced person is one who has

been forced to flee his/her home for the same
reason as a refugee, but remains in his/her own
country and has not crossed an international
border. (UN Guiding Principles on Internal
Displacement)

An asylum seeker is one who has applied for

asylum, but whose refugee status has not yeat
been determined. (Art. 1, 1951 Refugee
Convention)

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