1. Article VII Section 8 - the use of the word “removal” not “impeached.” Initiate is done by 1/3 of the members of the House of Representatives and Convicted by 2/3 of the members of the Senate

2. Article VII Section 13 mentions those that can hold other offices: Vice president, as a member of the Cabinet, and the Secretary of Justice as member of the Judicial Bar Council

3. Appointment of the President that needs confirmation by the Commission on Appointments if it is mentioned in the Constitution. If the appointment is by law, it does not need confirmation.

4. The Doctrine of Qualified Political Agency mentions that the act of the President’s subordinates is deemed his work unless disapproved by him.

5. The Executive Secretary cannot turnover the decisions of other secretaries observing that they are co-equals. But they are allowed to turnover provided that there is the signature of the president, even if they are lower in rank.

6. Article VII, Section 18 – there is no need for the approval of congress in calling out the armed forces.

7. Martial law may be declared if : a.) There is invasion and public safety requires it; and b. ) there is rebellion and public safety requires it.

8. The Privilege of the Writ of Habeas Corpus cannot be used if one is charged with rebellion.9. In Prof. Randolf s. Dvid vs. Gloria Arroyo – the calling-out power of the president is under

Article VII.10.Barcelona vs. Baker – SC cannot determine whether or not there is rebellion11.Garcia- Padilla vs. Ponce Enrile – Martial laws is still a political Question12.Morales vs. Juan Ponce Enrile – Lansang doctrine is justiciable13.In martial law cases, they must be tried within 30 days from filing. In usual proceedings,

they must be tried within 2 years from the date of filing14.Aquino vs. Military and Gumaua vs. Espino – military courts can try civilian cases15.In the case of Ologer, SC ruled that military courts can’t try civilian cases and ordered

their release because their conviction was null and void.16.Limitations of Pardon: a.) Impeachment, b.) If the crime involves election laws, rules and

regulations17.Executive Clemency of President: a.)Reprieve - delaying the implementation of sentence

b. ) Commutation – lowering of the sentence, regardless of the sentence18.Barrioquinto vs. Fernandez – they were charged for the killings made during the war.

Proclamation No. 8 which grants amnesty but they refused to invoke amnesty19.Barrioquinto vs. Fernandez provided the distinctions of amnesty and pardon

AMNESTY PARDON1. by Proclamation of the Chief

Executive with the concurrence of Congress, and it is a public act of which the courts should take judicial notice

1. granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof

2. Granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction

2. Granted to one after conviction of final judgment of ordinary crimes

3. Looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. Section 10 (6), Article VII

4. Looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolished or forgives the punishment, and for that reason it does “nor work the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon” and it “in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence (Article 36, RPC)

5. Valid only with the concurrence of the majority of the members of the Congress (Public act)

6. Complete with the act of the president (Private Act)

7. Applies to political crimes 8. Applies generally to criminal acts

20.In Vera vs. People, it states that in amnesty, there is no need to admit guilt21.In Monsanto vs. Factoran, there is automatic reinstatement of you were illegally dismissed

and you are entitled to back pays.22.In Llamas vs. Exec. Sec. Orbos, Pardon applies to criminal actions because of the word

convicted on Sec. 19, but administrative cases can also be applied23.In Torres vs. Gonzales, in a conditional pardon, one should not commit as crime again. But

the mere filing of a case against you is considered as a commission of the crime.24.Exception to probation is in election and cases not more than 6 years.25.A treaty of the same subject can be passed unless if it submitted by Congress which

should be passed to the people through plebiscite. A treaty can only exist if it is considered as a treaty by the other country even if it not ratified by them. The VFA between the Philippines and America is only for visit.

26.Executive agreement vs. Treaty

Treaty Executive AgreementMust have 2/3 concurrence of congress Already effective and needs no business

from congressSuperseded by a law Cannot ratify an international agreement

27. A president is immune from suit even with the deletion of the immunity from suit provision of the 1973 constitution.

28.Judicial power happens when there is an actual controversy, a legally demandable or enforceable right, and

29.Political question doctrine: a. Deals with the necessity, expediency and wisdom of a particular actb. Questions which are neatly associated with wisdom, not the legality of a particular actc. Questions to be answered by the people in their sovereign capacity or in regard to

which full discretionary authority is vested to the executive legislative branch of the government.

d. When the crux of the problem deals with the wisdom of an act30.A justiciable question:

a. Where the vortex of the controversy refers to the legality or validity if the contested act, the matter is definitely justiciable

31.Santiago vs. Bautista – did not grant the relief. There is no law to instruct teachers who they will declare valedictorian

32.Noblejas vs. Teehankee – the Secretary of Justice can remove under LRA, not SC33.Lina vs. Purisima – Decree: lower courts should not entertain cases questioning P.D’S,

letters of instruction and general orders. But this is not allowed according to BP 129 which fixed the jurisdiction of lower courts

34.To declare a law unconstitutional, there must be a majority vote of the present justices. If there are only 8 justices present, 5 votes are enough to make a law unconstitutional

35.RTCs and lower courts may declare a law unconstitutional (power of judicial review) under Sec 1 and Sec. 5 (2). But these are never final

36.Lepanto vs. NLRC- In the Labor Code, back pays at most is 3 years to be reimbursed. SC abandoned this doctrine. Workers are entitled to full amount of back pay but there shall be the deduction of other jobs entered after. Then the SC reversed it again.

37. Rule III of SC: To file a separate civil action from the criminal action, you must first inform the court

38.Functions of Judicial review:a. Legitimizng Function- when declaring a law unconstitutionalb. Checking Functionc. Symbolic or educational function – to educate lower court judges or other officials

39.Contact Point theory – if your house is frequented by the criminal, you are assumed to be the contact point. But there is no such thing

40.In Javier vs. Comelec – they still decide the case for delicadeza and for educational purposes

41.Sanidad vs. Comelec - Marcos was allowed to propose the amendment of the constitution42.Kilosbayan vs. Marato – Malaysian operation of Lotto. Since gambling affects national

interest, CVO has personality to sue43.If it involves disbursement of Public funds, tax payers are allowed to sue. If no public funds

are included, those that are directly affected can only sue.44.A barangay construction was sued by CSI Dagupan. Involves local interest, not anybody

could question it, except those who have been affected.45.Three views on the effects of declaration of unconstitutionality of law:

a. Orthodox Viewb. Modern view – courts will not declare a law unconstitutional, or else it will insult the co-

equal bodies.46.In Norton vs. Shelby County, when a law is declared unconstitutional, it protects no office.

All taxes will be paid back as if there was no enactment.47.Operative Fact Doctrine – Only the decision will make people stop obeying the law.

Constitutionality is moved forward.48.Transfer of venue in criminal cases is to prevent miscarriage of justice. Criminal cases are

territorial.49.Rule making power of the judiciary according to Sec 5 (5) may promulgate rules in all

courts in the Philippines but must not diminish, increase or modify substantive rights.50.In Nunez vs. Sandiganbayan. Justices may only be removed by impeachment in

sandiganbayan. This is considered a non-written rule. 51.Bar Flunkers Act of 1950 is not a valid law

52. In the MTC, law students can practice law before the courts but in the presence fo a full pledged lawyer. (B9-A)

53.CSC vs. Andal – different picture in the CSC legibility form, he was removed from the SB even if it was tried by the CSC.

54.Judge Maceda vs. Ombudsman Vasquez: if a judge is seen receiving bribe, he cannot be filed a criminal case. He must be filed in an administrative case first and proven guilty by the SC then the criminal case may be filed.

55.In re: Judge Rodolfo Manzano: He was a judge in Bangi, Ilocos Norte. Then became a peace and order council as appointed by judge Manzano as one of the members. SC considered it was a resignation because he is deemed to be performing non-judicial functions.

56.Sec 14. Of Article VIII stating that no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based only applies to courts under Art 8, sec 7

57.In Sec 15, the word must be decided used to be shall be decided in the 1973 constitution. The time given in the same section shall start only from the last filing of the last pleading. 24 months –SC, 12 months- lower collegiate courts, 3 months in lower courts except those in art 18. In Corpus vs. CA, must is merely directory to the SC but is mandatory for lower courts. In a case pending for 4 years the decision was affirmed as is it were approved, but SC said they must wait for their decision.

58.MTC to RTC ejectment of cases must be in 10 days. RTC to CA is 15 days. CSC to CA in 15 days (Rule 34). 30 days is given on where to appeal can be modified under Article IX.

59.Quasi-judicial bodies are not part of judicial department. (csc, sec, prc, coa, labor tribunal)60.In Buscayno vs. Enrile, Buscayno was the top NPA commander in martial law and the just

just pronounced him guilty and signed. This is valid.61.In Mangca vs. Comelec, they did not mention anything about why Domogan won. This is

valid because it is not under sec 14.62.Quantum Meruit means extent to the reasonable value of service extended63.Independent Courts:

a. Can only be removed by impeachmentb. Salaries cannot be diminished during tenurec. Can promulgate their own rulesd. Only the commission can appoint their personnel e. Can decide cases based on the majority of members and can be elevated to the SC

through certiorari within 30 days.64.Stagger Tenure – 7 years tenure of the commissioners to remove the possibility of the

president to appoint all at the same time. CSC, COA, and others have 3 members, 1 chair and 2 commissioners. They are prohibited from having financial transactions

65.CSC Commissioner and Chairman must be:a. Proven capacity for public administrationb. College Graduate

- Covers all government officials and government owned and controlled corporation with original charter.

- Congress enacted a law creating it like SSS, GSIS, Phihealth- Any employee dismissed will be filed in CSC66.Main functions of the CSC:

a. Quasi- judicialb. Power to approve or disapprove appointment of government officials

67.To be an employee of the government, it should be based on merit and fitness.

68.To be removed as an employee, it must have cause (PD 805) and must undergo due process. 5 years is given to file a case

69.Positions that do not require written exams are:a. Primarily confidential employees (not the aptitude or ability but more of trust)b. Technical skills

70.In Delos Santos vs. Mallare, the city engineer of Baguio is a position that is technical but not highly so.

71.There is no such thing as next-in-rank rule and there is no security of tenure72.Power of the CSC to change appointee selected:

a. Must meet the minimum requirementsb. Must have the trust of the appointing officer

73.In Medenilla vs. CSC, Medenilla was a the 66th employee in DPWH but she was the one promoted instead of the older one. CSC said it would destroy the morale of the people. SC reversed it and said that there is no law which requires us to wait for the deadwoods to retire before we be promoted.

74.CSC can only approve or deny but cannot recommend75.Two most important attributes of collective bargaining agreement:

a. Compel employer to sign the collective bargaining agreementb. Strike

76.Government employees may not form unions for collective bargaining to strike because salaries are based on the budget

77.Commissioners shall be impartial. There shall be no re-appointment and no temporary appointment. This prohibits the continued pleasing of the authority.

78.Allowing 3 years appointees to be re-appointed is allowed in the present constitution.79.Comelec can:a. Enforce and administer laws relative to the conduct of the electionsb. Control armed forcesc. Control mass media (radio, television and press in accordance with Sec 2, equal time

space and opportunity) Election period – 90 days before election and 30 days after election

d. Annul election resultse. Quasi-judicial powers (qualifications of candidates, can qualify a sector as long as it is

before elections. Can disqualify mayors during or after election which is decided by a division of the Comelec but can be filed for reconsideration in Comelec sitting en banc. Court of General jurisdiction if it is the mayor n municipal elections and they can appeal to a division of the Comelec. If still lost, they may file Motion for reconsideration in Comelec sitting en banc which will become final and executor. But it can be brought up to SC on certiorari or grave abuse of discretion. For barangay cases, court of limited jurisdiction or MTC will try, to Comelec division and to Comelec en banc.)

80.A referendum is not binding, merely asking or knowing. A plebiscite is binding to all.81.a. Plebiscite or referendum

c. recall – move to remove local and government officials before the end of their term after 1 year of sitting. Done through loss of confidence. Needs 25% of registered voters to force an election for the period.

d. initiativee. election

82.Local Autonomy features to justify claim:a. Sec 4 – The president only has general supervision

b. Sec 5 – can create own sources of revenuec. IRA

83.There must be only be 1 impeachment trial per year. But even if it is more than 1, it must be filed simultaneously to the committee of justice and tried in one day as in Merceditas Gutierrez vs. HOR Committee on Justice.

84.A complaint is deemed initiated only if it reaches plenary, but SC said it is not valid the mere filing is considered.

85.Initiate means that it was field and action was taken on the part of the congress.86.RTC will try the case if it is committed by one with salary grade 27 (mayors and up

including regional directors)87.Ombudsman investigates public officials except in cases where the law violated is on

election laws during elections. Comelec will investigate and the prosecutors will be the lawyers from Comelec

88.CSC can suspend or dismiss government officials. In Andal case, the ombudsman can also suspend and dismiss government officials. But bothe cannot be done simultaneously as this would be forum shopping and the case will be dismissed as in Boncalon vs. Ombudsman.

89.In de la Salle vs. CA, school may file an administrative case even when incident happens on a Sunday and outside school as long as it is during a semester. One must carry the name of his school

90.In Alcuaz vs. PSBA, College education is until the end of college, not per contract91.Schools can take back all that was given even after it was awarded.92.In Dean Reyes vs. CA, if the UP college of med only accepts those that get 90% or up in

NMAC, they are not compelled to get you for academic freedom.93.In Ateneo vs. Judge Capulong, 4th year law students conducted initiation of a student who

then died, expulsion is the correct penalty. As opposed to la sale vs. CA, where it was only mauling and exclusion is the proper punishment.

94.Due process for Students:a. Inform student through written notice of accusationb. Student will submit his answerc. School will furnish the evidenced. Student should submit his evidencee. School must decide on the case based on the evidence presented

95.In Merritt vs. Government, a person was bumped by an ambulance and had his feet amputated. The case was dismissed because the government was not acting through a special agent. You can only sue the government if it is acting through a special or not the real employee. But you may not if it is through the general agent because he is experienced

96.In Santiago vs. Republic, Government took away lands of people for Osmena blvd. More than 10 years have passed and government still has not paid them. The government shall be the last to breach agreement with people.

97.Local Government units are entitled to immunity except in business98.Art. 2189 of the civil code states that government is liable for death or injury by defect of

roads, streets or bridges.

EXAM QUESTIONS:1. 4 Requisites of judicial review:

a. Actual Caseb. Raised by Proper Party or they must have personality to suec. Raised at the time earliest possible or legal standingd. Necessity (Lis Mota)

But, in Dumlao vs. Comelec, when not all the requisites are present but public interest is present, it shall be decided on by SC.

11. a. Distinguish Policy determining, Primarily Confidential and Highly Technical Position.

Policy Determining Primarily Confidential Highly Technical PositionManagerial employee in corporations

Sited in Cadente vs. Santos and Samson vs. CA

Must possess superior or supreme skills

Is one charged with laying down of principal or fundamental guidelines or rules, such as the head of a department

Is one denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom of misgivings or betrayals of the personal trust on confidential matters of the state.

Requires the appointee thereto to possess technical skill or training in the supreme or superior degree

15 a. Judicial Review

c. Academic freedom of:- School: power to determine who shall teach, who shall be taught, how to be taught and who are admitted to study- Students: Sec 4, Art III- Teachers: Not to be dictated in terms of grading and how to teach.

16. Constitutionality of a law

20 a, b, c. Immunity of State from Suit:

a. Sovereignty – cannot sue the one giving you the right to sueb. Public Policy – prejudicial to the citizensc. Consent – through ratification that was agreed to

21.

Jure imperil Jus gestionesPerforming Governmental Functions Performing Business Related FunctionsCannot sue except when there is a law permitting it

Can be sued unless there is a law forbidding it

1. What is the doctrine of qualified political agency2. Can a cabinet member reverse the decision of a president3. Distinguish pardon from amnesty4. What are the powers of the sc5. Is it correct that the judiciary is the least dangerous or the weakest power among the

branches of the government6. What are the three views on the effects of declaration of unconstitutionality of a law7. Differentiate the 3 types of government positions without security of tenure8. Distinguish the power if control over the power of supervision9. What is the calling out power of the president10.What is judicial power11.May the president refuse to administer and enforce a law on the ground that in his opinion

it is unconstitutional12.Distinguish treaty or international agreement from executive agreement13.What are the things to be decided by the SC en banc14.What are the four requisites present when the sc declared a law unconstitutional or

contract involving the government15.What are the three underlying principles why the state cannot be sued16.Differentiate jus imperil and jus gestiones17.Differentiate academic freedom between the university, teachers or professors and

students18.What are the four grounds that the SC still decides on moot and academic cases