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POLITICAL LAW REVIEW

JACK JIMENEZ

ART III BILL OF RIGHTS

I. Section 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of laws
A. Due Process
a. Substantive = prohibition of arbitrary laws
o Essential requirements:
1. Public interest requires such interference
2. Means = reasonably necessary for the accomplishment of the
purpose
o Heart of substantive due process = requirement of reasonableness or
absence of exercise of arbitrary power
b. Procedure = procedural fairness
o Essential requirements:
1. There must be a court/tribunal clothed with judicial power to hear
and determine the matter before it;
2. Jurisdiction = lawfully acquire dover the person of the defendant OR
property which is the subject of the proceedings;
3. Defendant = given an opp to be heard; and
4. Judgment = rendered upon lawful hearing
o Void for vagueness doctrine = a law is facially invalid if men of common
knowledge must necessarily guess at its meaning and differ as to its
application
 Romualdez v COMELEC: ONLY statutes on free speech, religious
freedom, and other fundamental rights may be facially challenged
 Ordinary penal statutes = CANNOT be facially challenged
 Due process need for notice
o Right to notice and hearing in admin proceedings
 In performance of exec/legis functions = NO
 Quasi-j = YES
B. EPC
1. Must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class

 Rational test basis = in areas of social and economic policy, a statutory

classification that neither proceeds along suspect lines nor infringes
constitutional rights must be upheld against equal protection challenge if there
is any reasonably conceivable state of facts that could provide a rational basis
for the classification
 Relative unconstitutionality = a provision of law, initially valid, become
subsequently unconstitutional, on the ground that its continued operation
would violate the EPC

Strict Scrutiny Heightened/Intermediate Scrutiny Rational Basis

Political Gender, legitimacy Social, economic
Classification Classification, while not facially
disadvantages a invidious, gives rise to recurring
subject class or

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impringes upon a constitutional difficulties or

fundamental right disadvantages a quasi-suspect class
Classification serves a 1. Law furthers an important
compelling government interest and be
governmental interest related to that interest
2. Justification = genuine and NOT
dependent on broad
generalizations

II. Section 2. The right to people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant/warrant of
arrest shall issue EXCEPT upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly describing the place to
be searched and the persons or things to be seized
A. Valid Warrant
1. Issued upon probable cause
 Probable cause = such facts and circumstances antecedent to the
 Warrant of arrest = such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested
 Search = such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed
and that the objects sought in connection with the offense are in the
place sought to be searched
2. Probable cause = determined personally by a judge
 For the purpose of issuing a warrant = ONLY a judge
 For the purpose of filing an information = prosecution
3. Such judge must examine under oath/affirmation the complainant and the
witnesses he may produce
 Personal determination NOT personal examination
 Existence of probable cause = personal determination
 Examination of complainants and witnesses = personal examination
4. Warrant must particularly describe the place to be searched and the person or
things to be seized
 Specific as the circumstances will ordinarily allow and by which the
warrant officer may be guided in making the search and seizure
B. Allowable searches
1. Warrantless search incidental to a lawful arrest
i. Item was within the arrestee’s custody or area of immediate control
ii. Search was contemporaneous with the arrest
 Arrest must precede search UNLESS search substantially
contemporaneous with arrest if there is probable cause
2. Seizure of evidence in plain view
i. Prior valid intrusion into a place
ii. Evidence = inadvertently discovered by the police who had the right to
be where they are
iii. Illegality of the evidence = immediately apparent AND noticed without
further search

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3. Search of a moving vehicle = there must be a highly reasonable suspicion

amounting to probable cause that the occupant committed a criminal activity
4. Consented warrantless search = not mere silence
i. Right exists
ii. Person involved had actual/constructive knowledge of the existence of
such right
iii. Person had actual intention to relinquish the right
5. Checkpoints
a. Routine inspection
i. Mere visual search
ii. Occupants not subjected to physical/body search
b. Extensive search = reasonable or probable cause to believe before the
search that
i. Motorist is a law offender
ii. They will find instrumentality or evidence pertaining to a crime
in the vehicle
6. Customs search = seizure of goods concealed to avoid duties
7. Stop and frisk = probable cause NOT required BUT mere suspicion will NOT
validate
i. Police officer observes unusual conduct which leads him reasonably to
conclude that criminal activity may be afoot and that the person with
whom he is dealing may be armed and presently dangerous
ii. He identifies himself as a policeman and makes reasonable inquiries
iii. Limited search of outer clothing
8. Exigent and emergency circumstances = probable cause must still be satisfied
 Probable cause = based on reasonable ground of suspicion/belief that a
crime has been committed or is about to be committed
 E.g. coup d’etat
C. Warrantless arrests
1. In flagrante delicto
i. When in his presence, the person
a. Has committed
b. Is actually committing
c. Attempting to commit
ii. Such overt act is done in the presence or within the view of the arresting
officer
2. Hot pursuit
i. An offense has in fact been committed
ii. Police officer has personal knowledge of facts indicating that the person
to be arrested has committed it
3. Escaping prisoner
i. From a penal establishment, or place where he is serving final judgment
or temporarily confined while case is pending
ii. While being transferred from one confinement to another
4. Waiver
 Voluntary submission to the j of the court, entering a plea of not guilty
and by participating in the trial
 Question validity of arrest BEFORE plea. Otherwise, waiver.

III. Section 4. No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people to peaceably assemble
and petition the government for redress of grievances.

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A. Prior restraint = official gov’t restrictions on expression in advance of publication or

dissemination
 Content-neutral regulations = merely controls the time, place, or manner, and
under well-defined standards
o O’Brien test
 Content-based restraint = restriction based on the subject matter
o Clear and present danger test
B. Speech
1. Dangerous tendency test = rational connection between the speech and evil
apprehended
o Words create a dangerous tendency of an evil which the State has the
right to prevent
2. Clear and present danger test = whether the words used are used in such
circumstances and are of such nature as to create a clear and present danger
that they will bring about the substantive evils that Congress has a right to
prevent
o Public assembly
o Free exercise of religion
3. Balancing of interests test = commercial speech
C. Speech and non-speech = a governmental regulation is sufficiently justified if:
1. It is within the constitutional power of the gov’t
2. Furthers an important or substantial governmental interest unrelated to the
suppression of free expression
3. Incidental restriction is NO greater than is essential to that interest

GR: Freedom from subsequent punishment

E:
1. Libel
2. Obscenity
3. Criticism of official conduct = contemptuous acts against the court, as long as
it tends to obstruct the administration of justice
D. Libel
 Elements:
i. Allegation of a discreditable act or condition concerning another
ii. Publication
iii. Identity of the person defamed
iv. Malice
 Qualifiedly privileged communication
i. Legal/moral/social duty to make the communication OR at least, had an
interest to protect (own or of the one to whom it is made)
ii. Addressed to an officer/board/superior, having some interest/duty in
the matter, and who has the power to furnish the protection sought
iii. GF and without malice
 Public figures = Individual is liable if utterances are:
i. False
ii. Malicious
iii. Unrelated to performance of duties
iv. Irrelevant to matters of public interest involving public figures
E. Obscenity
1. Whether the average person, applying contemporary community standards
would find that the work, taken as a whole, appeals to the prurient interest
2. Whether the work depicts/describes, in a patently offensive way, sexual
conduct specifically defined

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3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value
F. Assembly and petition
 Mayor possesses reasonable discretion to determine or specify the streets or
public places to be used for the assembly in order to secure convenient use
thereof by others and provide adequate and proper policing to minimize the
risks of disorder and maintain public safety and order

IV. Section 5. No law shall be made respecting an establishment of religion the

free exercise thereof. The free exercise and enjoyment of religious profession
and worship, without discrimination of preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or political rights.
A. Non-establishment clause
 Benevolent neutrality = allow for accommodation of morality based on religion
provided it does NOT offend compelling state interest
 Allowable government aid
i. Secular legislative purpose
ii. Primary effect = neither advances NOR inhibits religion
iii. NOT require excessive entanglement with recipient institutions
B. Free-exercise clause
1. Freedom to believe = absolute
2. Freedom to act = subject to government regulation
 The religion clause does NOT relieve an individual of the obligation to
comply with a law that incidentally forbids/requires the performance of
an act that his religious beliefs requires/forbids if the law is NOT
specifically directed to religious practice and is otherwise constitutional
as applied to those who engaged in specific act for religious reasons.
C. Ecclesiastical affair
 Involves the relationship between the church and its members, relating to
matters of faith, religious doctrines, worship and governance of the
congregation
 State CANNOT meddle with proceedings for:
i. Excommunication
ii. Ordination of ministers
iii. Administration of sacraments
iv. Other activities to which religious significance is attached

V. Section 12. Miranda rights

1. Right to remain silent
2. Right to competent and independent counsel preferably of his own choice
 Lawyer provided by the investigation is deemed engaged by the accused
when he does not raise any objection against the counsel’s appointment
 Who are NOT deemed independent counsel?
i. Special counsel, public/private prosecutor, counsel for the police,
or municipal attorney whose interest is adverse to that of the
accused
ii. Mayor
iii. Barangay captain
iv. Any other whose interest may be adverse to that of the accused
3. Right to be informed of such rights = meaningful information rather than just
ceremonial and perfunctory recitation of an abstract constitutional principle

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A. Custodial investigation = where the investigation is no longer a general inquiry into

an unsolved crime but has begun to focus on a particular suspect, the suspect is taken
into custody, and the police carries out a process of interrogations that lends itself to
elicit incriminating statements
 RA 7438 extended that constitutional guarantee to an individual not formally
arrested but has merely been “invited” for questioning
B. Circumstances NOT covered
 Police line-up = NOT covered if no questions asked
 Spontaneous statement NOT elicited through questioning by authorities but
given in an ordinary manner whereby the accused orally admitted having
committed the crime
 Admission in open court

VI. Section 17. Right against self-incrimination

 ONLY natural persons are protected by the self-incrimination clause
 What the Constitution prohibits is the use of physical/moral compulsion to
extort communication from the accused, but not an inclusion of his body in
evidence when it may be material.
 Kernel of the privilege = prohibition of testimonial compulsion
 Writing = NOT purely a mechanical act because it requires the application of
intelligence and attention
 Compulsory production of private books and papers of the owner is compelling
him to be a witness against himself
 CANNOT be maintained in relation to records required by law to be kept in order
that there may be suitable information of transaction which are the appropriate
subjects of governmental regulation and the enforcement of restrictions validly
established
 A person who is accused in a criminal case may assert the right from the
moment he is asked to testify
o Accused = absolute right to be silent
o Witness = assert right ONLY when the incriminating question is asked

VII. Section 21. Double jeopardy

1. First jeopardy = attached prior to the second
i. Valid complaint/information
 Valid information but accused filed a motion to quash = waiver
of the right against double jeopardy
ii. Before a competent court
iii. After arraignment
iv. After plea
 Presentation of complete self-defense = amounted to withdrawal
of original plea
2. First jeopardy = terminated
a. Acquittal
 State witness = equivalent to acquittal BUT if fails/refuses to
testify against co-defendant then defense of double jeopardy is
withdrawn
b. Final conviction
c. Dismissal WITHOUT EXPRESS consent of the accused
i. Grant of a MTD for insufficiency of evidence (demurrer)
equivalent to an acquittal
ii. Dismissal for failure to prosecute

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iii. Dismissal for unreasonable delay in proceedings in violation of

right to speedy trial
d. Dismissal on the merits
 E.g. dismissal for denial of the right to speedy trial
3. Second jeopardy = same offense as that in the first
o Test = whether one offense is:
i. Identical
ii. Attempt/frustration
iii. Necessarily includes/included in the other
o Same act punished by law and ordinance = double jeopardy
o Same act punished by two different statutes or two different provisions
of a statute = one act results in two distinct offenses, the prosecution
under one is not bar to prosecution under the other
 GR: Double jeopardy
E:
i. Civil contempt = failure to do something ordered by a court to be done
for the benefit of a party
ii. Supervening event
 Graver offense not in existence at the time of the first
prosecution OR discovered only after the filing of the former
complaint/information
 Plea of guilty to a lesser offense was made without the consent
of the fiscal/offended party

ART IV CITIZENSHIP
I. PH Citizens
1. PH citizens at the time of the adoption of the Constitution
2. Fathers/mothers are citizens of the PH
3. Born before Jan 17 1973, of Filipino mothers who elect PH citizenship upon
reaching the age of majority
o Sworn statement filed with the nearest Civil Registry accompanied by
Oath of Allegiance to the Constitution and gov’t of the P
o Within 3 years from reaching the age of majority EXCEPT when there is
justifiable reason for the delay
o LC ONLY
4. Naturalized in accordance with law

II. Loss of Citizenship

1. Naturalization in a foreign country
2. Express renunciation
3. Subscribing to an oath of allegiance to support the Constitution or laws of a
foreign country EXCEPT when the PH is at war
4. Rendering service to or accepting commission in the armed forces of a foreign
country EXCEPT:
a. PH has a defensive and/or offensive pact of alliance with that country
b. Foreign country maintains armed forces in PH territory with the consent
of the PH
5. Cancellation of certificate of naturalization
6. Declared by competent authority a deserter of the PH armed forces in time of
war UNLESS pardoned or granted amnesty

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ADMINISTRATIVE LAW
I. Res judicata
GR: Applies to adversary/quasi-j admin proceedings
 Decisions and orders of admin agencies have upon their finality the force and
binding effect of a final judgment
E: Citizenship, provided:
1. Question of citizenship resolved by a court/admin body as a material issue in a
controversy after a full-blown hearing
2. Active participation of the Sol-Gen
3. Affirmed by the SC
 Reconciliation by the parties or desistance by complainant = merely obliterates
the personal injury of the parties; it does NOT erase the offense that may have
been committed against public service
II. Exhaustion of administrative remedies
 Whenever there is an available administrative remedy provided by law, NO
judicial recourse can be made until such all
 Applies ONLY to decisions of admin agencies made in the exercise of quasi-j
proceedings
o Quasi-legislative = proceed to courts
 Corollary principles
1. Doctrine of prior resort/primary admin j = where there is
competence/jurisdiction vested upon an administrative body to act upon
a matter, no resort to courts may be made before such administrative
body shall have acted upon the matter
 NOT applicable when the issues presented do not require the
expertise, specialized skill and knowledge of the admin boy =
purely legal questions
2. Doctrine of finality of admin action = no resort to the courts UNLESS the
admin action has been completed and there is nothing left to be odne in
the admin structure
 Effect of failure to exhaust admin remedies = ground for MTD
o No MTD = waiver
 Exceptions:
1. Doctrine of qualified political agency/alter ego = acts of subordinate
bears the implied and presumed approval of the superior
E to the E: law expressly provides for exhaustion
2. Admin remedy is fruitless
3. Estoppel on part of the admin agency
4. Purely legal questions
 Brandeis doctrine of assimilation of facts = where what purports
to be a finding upon a question of fact is so involved with and
dependent upon a question of law as to be in substance and
effect a decision on the latter, the court will, in order to decide
the legal question, examine the entire record including the
evidence if necessary (mixed question of law and fact)
5. Admin action is patently illegal amounting to GADALEJ
6. Unreasonable delay or official inaction
7. Irreparable injury or threat thereof
8. Land cases where the subject matter is a private land
9. Law does not make exhaustion a condition precedent to judicial recourse
10. No admin review is provided by law
11. Observance of doctrine will result in nullification of the claim
12. Special reasons demanding immediate court action

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13. Due process clearly violated

14. Rules does not provide a plain, speedy, and adequate remedy
15. To require exhaustion would be unreasonable
16. Case for damages if the admin body has no power to award damages
(e.g., CHED)

LOCAL GOVERNMENT
I. General welfare clause
 Every LGU shall exercise powers necessary, appropriate or incidental for its
efficient and effective governance including police power
o The power of LGUs is broad, consummate with but not to exceed the
duty to provide for the real needs of the people in their health, safety,
comfort, and convenience and consistently as may be with private rights
o Objective to promote the constituents’ general welfare in terms of
economic benefits cannot override the very basic rights to life, security,
and safety of the people
o Ordinance is not unconstitutional merely because it incidentally benefits
a limited number of persons
 Support for the poor has long been an accepted exercise of police
power in the promotion of the common good
 Limitations:
1. Exercisable only within territorial limits EXCEPT for protection of water
supply
2. EPC
3. Due process clause
4. Must NOT be contrary to Constitution and the laws
 Requisites for a valid ordinance
1. NOT contravene the Constitution and any statute
2. NOT unfair or oppressive
3. NOT partial or discriminatory
4. NOT prohibit but may regulate trade
5. NOT unreasonable
6. General in application consistent with public policy
II. Municipal Liability
A. Liability for damages
 BoK by the city renders it liable for damages
o Doctrine of respondeat superior applies
 LGUs and their officials NOT exempt from liability for death/injury to persons
or damage to property
 LGU liable for damages in case of death/injuries due to defective condition of
roads, streets, bridges, public buildings and other public works
o Even if the public work does not belong to the LGU as long as it exercises
control and supervision over the same
 State is responsible when it acts through a special agent
 LGU = subsidiary liable for damages suffered by a person by reason of failure
or refusal of a police to render aid and protection in case of danger to life and
property
B. Liability for K
 Ultra vires = NOT liable
 GR: Estoppel does NOT lie against a municipal corporation

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E: Doctrine of implied municipal liability = LGU may be obligated upon an

implied K to pay the reasonable value of the benefits accepted or appropriated
by it as to which to has the general power to contract
C. Personal liability of local officials = attaches even if at the time of the execution,
the local official is no longer in office
1. Act beyond the scope of their authority
2. With evident BF
3. Act maliciously, wantonly and to injure individuals rather than discharge a
public duty

LIABILITY OF PUBLIC OFFICERS

I. General liability
 NOT liable for injuries sustained by another as a consequence of official acts
done within the scope of his official authority EXCEPT as otherwise provided by
law
 GR: NO civil liability for acts done in the performance of his official duties
E: Clear showing of BF, malice, or negligence
 No subordinate officer or employee shall be civilly liable for acts done by him
in GF in the performance of his duties
E: Willful or negligent acts done by him contrary to law, morals, public policy,
and good customs even if he acted under orders or instructions of his superiors
II. Statutory liability
 Moral/material loss for reason for refusal or neglect of public officer to perform
official duty
III. Liability on K = personally liable for K he entered beyond the scope of his authority
or exceeds the powers conferred upon him by law
IV. Liability for tort = same^
V. Threefold liability rule = wrongful acts/omissions may give rise to civil, criminal and
admin liability
VI. Command responsibility = a head of a department/superior shall NOT be civilly
liable for the wrongful acts, omissions of duty, negligence or misfeasance of his
subordinates UNLESS he has actually authorized by WRITTEN order the SPECIFIC
act/misconduct complained of

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