P R I N C I P L E S

1. The Philippines as a �democratic and republican state�. Why was �democratic�

added to �republican�?
Read: Tolentino vs. Commission on Elections, 420 SCRA 438(2004);
2. Essential features and manifestations of republicanism
3. Renunciation of war ; Incorporation Clause; Sec. 2

Section 2. Incorporation Clause.

a. Aggressive war vs. defensive war
b. Incorporation vs. Transformation; hard law vs. soft law, meaning of generally
accepted principles of international law (Pharmaceutical and Health Care Assn. vs.
Duque, GR 173034, 10/9/07)
c. Incorporation Clause and related matters
(Kuroda v. Jalandoni, 83 Phil 171; Agustin v. Edu, 88 SCRA 195; ISAE vs.
QUISUMBING, 333 SCRA 13)
On UN Declaration of Human Rights
[Mejoff v. Director of Prisons, 90 Phil. 70; Salonga v. Hermoso, 97 SCRA 121;
Mijares v. Ra�ada, 455 SCRA 397 (2005)
Shangri-la v. Developers Group of Companies, Inc.,486 SCRA 405 (2006).; Government
of Hongkong Special Administrative Region v. Olalia, 521 SCRA 470 (2007)]
c. IN CASE OF CONFLICT, WHICH SHOULD PREVAIL?
Treaty or Constitution or law? SEE ruling in Balikatan 02-1 in LIM et al. Vs. Exec.
Sec., GR 15445, 4/11/02

Section 3. Civilian Authority is, at all times,supreme over the military.

a. The President as Commander in chief
b. READ Sec 18, Art. VII-c. Civilian supremacy-not diminished by calling the
marines to maintain peace and order or suppress
violence (IBP vs. ZAMORA, 338 SCRA 81)
d. role of the military

Section 4. Defense of the State.

a. Refusal to enlist (P. V. Lagman, 66 Phil 13 [1913])

Section 6. The separation of Church and State shall be inviolable.

a. Correlative provisions
1). Sec. 5, Art. III - non establishment/free exercise and religious test
2). Sec. 28(3) Art. VI - tax exemption
3). Sec. 29 (2) Art. VI - non appropriation clause
4). Par C, 2 (5), Art. IX - religious party
5). Sec. 3(3) Art. XIV - optional religious instructions in public schools
b. READ: Aglipay v. Ruiz, 64 Phil 201
(1) benevolent neutrality oraccommodation, whether mandatory or permissive, is the
spirit, intent and framework underlying the religion clauses in our Constitution;
and (2) in deciding respondent�s plea of exemption based on the Free Exercise
Clause (from the law with which she is administratively charged), it is the
compelling state interest test, the strictest
test. [Estrada vs. Escritor, 492 SCRA 1(2006)]

STATE POLICIES

SECTION 7. The state shall pursue and Independent Foreign Policy.

SECTION 8. Nuclear-free Philippines.
a. What is the meaning of the policy?
Section 9. Just and Dynamic Social Order.
Section 10. Social Justice.

a. Read: Article XIII

b. Social Justice: Definition & Concept-Calalang v. Williams, 70 Phil 726; Alalayan
v. NPC, 24 SCRA 172; Tuazon v. Land Tenure, 31 SCRA 413
c. Social justice, tempered-Astudillo v. Board, 73 SCRA 15 [1976]; Salonga v.
Farrales, 105 SCRA 359, 369[1981]
d. Compare the Social Justice provisions under the 1935, 1973, 1987 Constitutions

Section 11. Respect for Human Rights.

READ: Article XIII, Sec. 17-19

Section 12. Family Life.

a. READ: Article XV
b. The family (Cabanas v. Pilapil, supra)
c. The unborn - limitation to abortion to avoid application of Roe v. Wade, 4410 US
113 [1973]
d. Rearing of the youth - as primary and natural right and duty of parents (Meyer
v. Nebraska, 260 US 260 [1922]; Pierce v. Society of Sisters, 268 US 510 [1925];
Ginsberg v. New York, 390 US 629 [1968]; Wisconsin v. Yoder,106 US 205 [1972];
Angeles v. Judge Sison, 112 SCRA 26 [1982]

Section 13. Youth in Nation-Building.

People v. Ritter, 194 SCRA 690
Section 14. Equality of Men and Women.
See: Sec. 14 of Article XIII
Section 15. Right to Health.
See: Article XIII, Secs. 11-13 (social justice provisions)
Construction of high voltage electric transmission lines may be enjoined -
HERNANDEZ et al., v. NPC, GR. 145328, 3/23/06
Section 16. Balanced and Healthful Ecology.
An enforceable right (Oposa v. Factoran, 7/30/93) which can be enforced by Mandamus
(MMDA v. Concerned Residents of Manila Bay, 643 SCRA 90 [2011]
Section 17. Priority to Education.
Article XIV
Section 18. Labor.
Sec. 3 Article XIII
Section 19. Independent Economy by Filipinos.
READ: Article XII - National Economy and Patrimony
b. Meaning of self reliant and independent: not in isolation (Tanada v. Angara,
5/2/97)
Section 20. Role of Private Sectors.
�LET ALONE POLICY�
Marine Radio v. Reyes, 11/6/90 (on role of private sector)
Section 21. Agrarian Reform.
Sec. 4-10 of Article XIII; PD 27, RA 3844 and 6389, CARP (RA 6657, as extended by
CARPer, RA 9700)
Section 22. Indigenous cCltural Communities.
See: Article X, XII, XIV and XVI
Read: IPRA LAW, RA 8371
CRUZ & EUROPA vs. DENR, 347 SCRA 128, GR 135385, 12/6/00
Section 23. Sectoral Organizations that Promote Welfare.
See: Sec. 15 & 16 of Article XIII
Section 24. Communication in Nation-Building.
See Article XVI, Secs. 10 and 11
Section 25. Autonomy of Local Governments.
Read: Article X; 1991 Local Government Code; its features on autonomy.
Section 26. Equal Access to Public Service.
Not self-executing; nuisance candidates
(PAMATONG vs. COMELEC, G.R. No. 161872, April 13, 2004)
Note: the bill of political dynasty remains a bill in Congress.
Section 27. Against Graft and Corruption.
Read: Article XI on Accountability of Public Officers
Section 28. Full Public Disclosure.
(EO 464) SENATE vs. ERMITA, GR No.G.R.No. 169777, April 20, 2006,
Read: Sec. 7 Art. III- Right to information and access to official records. The
right to information guarantees the right of the people to demand information,
while Section 28 recognizes the duty of officialdom to give information even if
nobody demands. (THE PROVINCE OF NORTH COTABATO vs. GRP PEACE PANEL ON ANCESTRAL
DOMAIN, G.R. No. 183591, October 14, 2008)

ARTICLE VI. LEGISLATIVE DEPARTMENT.

Separation of Powers
A. To avoid concentration of powers/authority
B. Sample cases on separation of powers:
� Planas v. Gil, 67 Phil 62
� Santiago/Tatad v. Guingona, 11/18/98
� Garcia v. Macaraig, 39 SCRA 106
� Dolalas v. Ombudsman, 12/24/96
� Power of Investigation vs. Executive Privilege - SENATE OF THE PHIL. et al., vs.
ERMITA, GR No. 169777, April 20, 2006 - constitutionality of EO 464
� ABAKADA GURO PARTY LIST vs. HON. CESAR V. PURISIMA-on joint congressional
oversight committee to approve executive implementing rules
C. Blending of powers
� instances: appointment, amnesty, appropriation, ratification of treaties
D. Principle of Checks and Balances
� legislative power- spending power, confirmatory power, treatyratification
� executive power- veto, appointment, clemency
� judicial power � judicial review

Section 1. The legislative power.

Powers of Congress (legislative and non legislative)
1) Legislative power - defined
a) kinds-
original/derivative
constituent/ordinary
2) Basic Concepts of legislative power
a) no passage of irrepealable laws including imposition of a higher majority for
its repeal
KIDA v. SENATE, 659 SCRA 270
b) separation of powers
c) non-delegability
3) Nature-inherent
4) Limits to legislative power
a) Substantive
b) Procedural
5) Substantive limitations
i) Express limitations- Constitutional
limitations
ii) Implied limitation- (1) Principle of Non-delegation (delegata potestas non
delegari potest)
(a) corollary to separation of powers
(b) applies to the three(3) powers of government
(c) And ALSO to grant of legislative franchise � Jaworksi vs. PAGCOR and SAGE, GR
No. 144463, 1/4/04
iii) Permissive Delegation of Legislative Power
(1) Delegations provided under the Constitutions
(a) Tariff powers of the President -Sec. 28 (2) Art. VI
(b) Emergency powers to the Pres.-Sec. 23 (2) Art. VI
(2) Delegations to Local Governments - Sec. 5 Art. X
(3) Delegation of Rule-making power to Administrative bodies;
(a) May rules and regulations issued by Adm. Bodies have the force and effect of a
law?

Delegation to the People (Sec. 32 Art. VI)

Requisites for a valid delegation by a law:
1. Completeness test - the law must set forth the policy
2. Sufficient Standard test - the law must set forth the limits within which the
delegate must conform
Cases:
� delegation to the executive:
department- Pelaez v. Auditor
General, 15 SCRA 569;
US v. Ang Tang Ho, 43 Phil 1 [1922];
P. v. Rosenthal, 68 Phil 328 [1939];
delegated power to remove BIR and BOC officials under the Attrition Law.
ABAKADA GURO PARTY LIST vs. PURISIMA, G.R. No. 166715, August 14, 2008
� delegation to administrative:
bodies/agencies-rule making power
Tablarin v. Gutierrez, 152 SCRA 730 [1987];
Eastern Shipping v. POEA, 166 SCRA 533 [1988];
Araneta v. Gatmaitan, 101 Phil 328 [1957];
P. v. Maceren, 76 SCRA 450 [1977];
CEBU OXYGEN V. Sec. DRILON, 8/2/89
� delegation to the courts - P. v. DACUYCUY, 5/5/89
� delegation to local governments - LOCAL GOVERNMENT CODE;
RUBI V.PROV. BOARD, 39 PHIL 660;
P. v. Vera, 65 Phil 5
SEC. 2. The Senate (24)
SEC. 3. Senatorial Qualifications.
SEC. 4. Senatorial Term.
Composition, qualification and election of senators
� May Congress add drug testing as a qualification?
PIMENTEL, JR. vs. COMELEC, G.R. No. 161658, November 3, 2008
� May a senator may serve more than two terms? Yes.
SEC. 5. The House of Representatives (250)
Membership in the house may exceed 250 if Congress decides to create legislative
districts.
Tobias v. Abalos, 239 SCRA 106 (1994)
Only Congress can create provinces and cities because the creation of provinces and
cities necessarily includes the creation of legislative districts, a power only
Congress can exercise under Section 5, Article VI of the Constitution and Section 3
of the Ordinance appended to the Constitution.
[Sema vs. Commission on Elections, 558 SCRA 700(2008)]
RA 7941- party list-law
VETERANS FEDERATION PARTY et al., vs. COMELEC, et al., 342 SCRA 244 [10-6-00] - the
provision provides for the ceiling;
RA 7941, providing for requirement of 2% of the total votes cast to qualify for one
representative is valid.
Who may participate in the party-list election?
Ang Bagong Bayani et al., vs. COMELEC, et al., GR 147589, June 26, 2001
BANAT vs. COMELEC, 592 SCRA 294-Clarifying and summarizing the application of 2%
vote requirement and the 3-seat cap. under RA 7941.
BELLO v. COMELEC, Dec. 7, 2010 - jurisdiction over the qualifications of party list
nominee.
New parameters on party list (ATONG PAGLAUM, INC. v. COMELEC, GR No. 203766,
4/3/13, consolidated cases)
What is �Gerrymandering?�
ALDABA et al., vs. COMELEC, 611 SCRA 137 [2010]
SEC. 6. Member of the House Qualifications.
Qualifications of members of the house
CASES:
Residence requirement means DOMICILE - Animus revertendi - Marcos v. COMELEC, 248
SCRA 300;
Intent to acquire new domicile must be coupled with overt acts - Aquino v. COMELEC,
248 SCRA 400
Domino v. COMELEC, GR 1344015, July 19, 1999
SEC. 7. Electing the House of Representative Members.
1. On term limits - not more than three consecutive terms.
2. Running for another office is voluntary renunciation - Dimaporo v. Mitra,
10/15/91
SEC. 8.Regular Elections for Senators.
SEC. Special Election.
Congress cannot be compelled to hold special elections. (Lozada v. COMELEC, 95
SCRA 337)
SEC. 10. Salaries.
PHILCONSA V. Gimenez, 15 SCRA 479
Ligot v. Mathay, 56 SCRA 823
SEC. 11.
People v. JALOSJOS, GR 132875 2/3/00
(concurring opinion of J. Gonzaga-Reyes)
Osmena v. Pendatun, 109 PHIL 863
Jimenez v. Cabangbang, 17 SCRA 876
SEC. 12. Full Disclosure.
1. full disclosure of their financial and business interests.
2. notify the House of a potential conflict of interest arising from the filing of
a proposed legislation of which they are authors.
SEC. 13.
Incompatible and Forbidden offices
PNRC, not gov�t owned or controlled - LIBAN v. GORDON, 593 SCRA 68 (2009)
SEC. 14.
Inhibitions and Disqualifications - rationale
� the prohibition does not preclude the appearance of the law firm of which the
legislator is a member
� BUT The prohibition cannot be circumvented by indirection- Puyat v. De Guzman,
113 SCRA 31
SEC. 15.
SEC. 16.
(1) Santiago v. Guingona, 11/18/98
(2) Avelino v. Cuenco, 83 Phil 17; MR 3/14/49
(3) Arroyo v. De Venecia, 277 SCRA 268; Arroyo v. De Venecia, 6/26/98

Need not be published unless required by the rule itself for effectivity - PIMENTEL
v. Senate Committee as a Whole, March 8,
2011
Discipline
Osmena v. Pendatun, 109 Phil 863
Paredes v. Sandigan, GR 118364, 8/10/95
(4) Journals
US v. Pons, 34 Phil 729
Enrolled Bill theory
Mabanag v. Lopez Vito, 78 Phil 1
CASCO v. Gimenez, 7 SCRA 347
Tolentino v. Sec. , 235 SCRA 630
PJA V. Prado, 227 SCRA 703
Astorga v. Villegas, 56 SCRA 714
(5) Recess, Adjournments
SEC. 17.
Electoral Tribunals
Angara v. Electoral Commission,63 Phil 13
Tanada v. Cuenco, 100 Phil 1101
Suanes v. Disbursing Officer, 10/26/48
Abbas v. SET, 166 SCRA 651
Lazatin v. COMELEC, 157 SCRA 337 [1988]
Lazatin v. HRET, 168 SCRA 391[1988]
Bondoc v. Pineda, 201 SCRA 792
Lerias v. HRET, 10/15/91
Sanchez v. COMELEC, 153 SCRA 67 [1987]
Chavez v. COMELEC, 7/3/92
Arroyo v. HRET, 7/14/95
Even if proclaimed and has assumed office, if the validity of the proclamation is
still within the jurisdiction of the COMELEC, the HRET cannot assume jurisdiction.
Codilla v. De Venecia, GR No. 150605, 12/10/02
SEC. 18.
SEC. 19.
SEC. 20.
SEC. 21.
Power of contempt inheres in the conduct legislative inquiries;
Arnault v. Nazareno, 87 PHIL 29;
Senate is a continuing body, and may order the detention of a contumacious witness
indefinitely (subject to due process clause).
Arnault v. Balagtas, 97 PHIL 358 [1955]
But cannot be exercised if it is not in aid of legislation - where there is no
pending legislative agenda.
Bengzon v. SENATE Blue Ribbon Committee, 203 SCRA 767
SENATE OF THE PHIL. et al., vs. ERMITA, GR No.G.R. No. 169777, April 20, 2006 -
constitutionality of EO 464
The rules of procedure must be published by the senate of each congress.
NERI V. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS
G.R. NO. 180643, MARCH 25, 2008, 549 SCRA
77, 135-136
GUTIERREZ V. THE HOUSE OF COMMITTEE ON JUSTICE,
Prior publication of rules of procedure is essential to validity of the
investigation - GARCILLANO vs. THE HOUSE OF REPRESENTATIVES, G.R. No. 170338,
December 23, 2008.
Local legislative bodies do not have the inherent power - Negros Oriental II
Electric Coop vs. SP, 155 SCRA 421 [1987]
SEC. 22.
SEC. 23.
� Emergency powers coterminous with the existence of emergency (Araneta v.
Dinglasan, 84 Phil 369)
� And may be withdrawn by Congress by mere resolution (Rodriguez v. Gella, 92 Phil.
603
� The president may declare a state of emergency but cannot exercise emergency
powers without
authorization from Congress. (David vs. ARROYO, GR No. 171396 (PP 1017, 1021)
National Emergency)
SEC. 24.
Meaning of �shall originate exclusively in the House of Representatives�
Tolentino v. Sec., 235 SCRA 630
Tolentino v. Sec., 249 SCRA 628 (EVAT)
Section 25.
No riders in an appropriation bill
Garcia v. Mata, 65 SCRA 517
No transfer of funds; possible only if within the department
Demetria v. Alba, 148 SCRA 208
Section 26. (formal requirements of bills)
Title of Bills - Sec. 26 (1)
Lidasan v. COMELEC, 21 SCRA 496
Tio v. VRB, 151 SCRA 208 [1987]
Tolentino V. Sec. ,235 SCRA 630
Section 27.
A. Give the Three (3) ways by which a bill may become a law?
B. Define:
Veto, Veto Message
Cases:
Bolinao Electronics v. Valencia 11 SCRA 486
Gonzales v. Macaraig, 191 SCRA 452
Com. Of Internal RevenueV. CTA, 5/14/90
PHILCONSA V. Enriquez, 8/19/94
LEGISLATIVE VETO - power of joint congressional oversight committee to approve
executive implementing rules, void.
ABAKADA GURO PARTY LIST vs. HON. CESAR V. PURISIMA
Section 28.
Uniformity
Garcia v. Exec. Sec, 211 SCRA 219
PEPSI v. City of Butuan, 24 SCRA 789
Sison, Jr. v. Ancheta 215 Phil. 582 (1984)
Progressive system
Tolentino v. Sec. , 10/30/95
� exemption from property tax only - Lladoc v. CIR, 14 SCRa 292 ; and there must be
proof of actual use.
ABRA V. Hernando, 107 SCRA 104
Section 29.
1) Implicit: Public Purpose
Pascual v. Sec. , 110 PHIL 331
Public funds may be disbursed only by law-Guingona v. Carague, 4/22/91
Alba v. Perez, 9/24/87
2) Non sectarian purposes
Aglipay v. Ruiz, supra
3) Meaning of Special Fund
Osmena v. Orbos, 3/31/93
Section 30.
Section 27 of R.A. No. 6770 (Ombudsman Act of 1989), providing appeals in
administrative disciplinary cases from the Office of the Ombudsman provides an
appeal to the Supreme
Court, void. Fabian v. Desierto. G.R No. 129742, September 16, 1998,
Section 31.
Section 32.
A. Kinds of INITIATIVES - initiative on national legislations (sec.32)
initiative on local legislations (sec. 32)
initiative on constitutional amendments (see Sec. 2 Art. XVII)
B. RA 6735 (Initiative and Referendum Law)
Initiative can cover local �resolutions� Garcia v. Comelec, 237 SCRA 279; SUBIC BAY
v. Comelec, 9/26/96
OTHER POWERS OF CONGRESS as Presidential Board of Canvassers (Art. VII, Sec.4)
Power of Confirmation to:
- the nominee of the President among members of Congress in case of vacancy in the
office of the Vice President (Art. VII, Sec. 9)
- the nomination of the President requiring confirmation by the Commission on
Appointment (Art. VII, Sec. 16, first sentence)
Power to judge fitness of the President (Art. VII, Sec. 11)
Power to revoke or extend suspension of the privilege of the writ of habeas corpus
or declaration of Martial law. (Art. VII, Sec.18)
Power to declare existence of war by 2/3 vote, voting separately (Art. VI Sec. 23
(1)
Power of concurrence - by majority vote of all members in presidential amnesties
(Art. VII, Sec. 19)
-by 2/3 vote by all members of the senate in treaties and international agreements.
(Art. VII, Sec. 21.
Power of impeachment (Art. XI, Sec. 2)
Power to propose amendments or revision to the Constitution (Secs. 1 & 2, Art.
XVII, Constitution)

ARTICLE VII. Executive Department.

Section 1.
President
in general - He is the chief executive and no other - Villena vs. Sec. Of Interior,
67 Phil 451[1939];
all executive authority is thus vested in him - Planas v. Gil, 67Phil 62
executive power vs. legislative power � KMU et al vs. DIRECTOR, NEDA et al., GR
No. 167798, April 19, 2006 � on constitutionality of unified ID system of
government agencies under EO 420
Power to reorganize -
ANAK MINDANAO PARTY-LIST GROUP vs. THE EXECUTIVE SECRETARY, G.R. No.166052, August
29, 2007.
Specific and Residual powers
Marcos v. Manglapus, 177 SCRA 668 [1989];
Marcos v. Manglapus, 178 SCRA 760 [1989];
but not in disposition of national assets-Laurel v. Garcia, 187 SCRA 797
Power to declare state of rebellion-SANLAKAS vs. EXECUTIVE SECRETARY, G.R. No.
159085, February 3, 2004
Head of State
� Immuned from suit during their
tenure-In re: Bermudez, 145 SCRA
160 (1986);BUT may waive it-Soliven v. Makasiar, 167 SCRA
393 [1988], BUT asuit against the
subordinates of the President to
question the acts of the latter does
not violate presidential immunity.
(GLORIA vs. CA, 338 SCRA 5)
� EXECUTIVE PRIVILEGE vs.
legislative inquiry (EO 464)
SENATE et al., vs. ERMITA, GR
No.G.R. No. 169777, April 20,
2006. In diplomatic exchanges
-AKBAYAN et al., vs. Thomas
Aquino, GR 170516, 7/16/08
� Power to negotiate for peace-THE
PROVINCE OF NORTH
COTABATO vs. THE
GOVERNMENT OF THE
REPUBLIC OF THE
PHILIPPINES PEACE PANEL
ON ANCESTRAL DOMAIN
(GRP),G.R. No. 183591, October
14, 2008.
Section 2.
No person may be elected President unless
he is a natural-born citizen of the
Philippines, a registered voter, able to read
and write, at least forty years of age on the
day of the election, and a resident of the
Philippines for at least ten years
immediately preceding such election.
Section 3.
There shall be a Vice-President who
shall have the same qualifications and term
of office and be elected with and in the same
manner as the President. He may be
removed from office in the same manner as
the President.
The Vice-President may be appointed as a Member
of the Cabinet. Such appointment requires no
confirmation.
Qualifications, term and manner of electionof the
President and Vice President. The Vice President
may or may not be appointed as a member of the
cabinet.
TECSON vs. COMELEC, G.R. No. 161434,
March 3, 2004 & other cases.
Section 4.
The President and the Vice-President shall
be elected by direct voteof the people for a term of
six yearswhich shall begin at noon on the thirtieth
day of June following the day of the election and
shall end at noon of the same date six years
thereafter. The President shall not be eligible for
any reelection. No person who has succeeded as
President and has served as such for more than
four years shall be qualified for election to the
same office at any time. No Vice-President shall
serve for more than two consecutive terms.
Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in
the continuity of the service for the full term for
which he was elected.
Unless otherwise provided by law, the regular
election for President and Vice-President shall be
held on the second Monday of May.
The returns of every election for President and
Vice-President, duly certified by the board of
canvassers of each province or city, shall be
transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate
shall, not later than thirty daysafter the day of the
election, open all certificates in the presence of the
Senate and the House of Representatives in joint
public session, and the Congress, upon
determination of the authenticity and due execution
18
thereof in the manner provided by law,
canvassthe votes.
The person having the highest number of
votes shall be proclaimed elected, but in
case two or more shall have an equal and
highest number of votes, one of them shall
forthwith be chosen by the vote of a majority
of all the Members of the Congress, voting
separately.
The Congress shall promulgate its rules for
the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be
the sole judgeof all contests relating to the
election, returns, and qualifications of the
President or Vice- President, and may
promulgate its rules for the purpose.
� The President is entitled to only one
term.Any person who succeeds the
presidency and served more than FOUR
years can no longer run for the
presidency.
� In case of tie, the tie shall be broken by a
vote of MAJORITY OF ALL members
of Congress voting SEPARATELY.
� Congress acts as board of canvassers;
cannot be usurped by Comelec by
conducting a quickcount-BRILLANTES, JR. vs. COMELEC,
G.R. No. 163193, June 15, 2004.
� Supreme Court as the Presidential
Electoral Tribunal- constitutional?
(MACALINTAL vs. PET, 635 SCRA
783[2010])
Section 5. Before they enter on the
execution of their office, the President, the
Vice-President, or the Acting President
shall take the following oath or affirmation :
"I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President)
of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every
man, and consecrate myself to the service of the
Nation. So help me God." (In case of affirmation,
last sentence will be omitted.)
The oath is not a source of power, but a solemn
oath of the President�s (VP�s) to emphasize the
extent of his responsibility.
Section 6. The President shall have an official
residence. The salaries of the President and Vice-President shall be determined by
law and shall not
be decreased during their tenure. No increase in
said compensation shall take effect until after the
expiration of the term of the incumbent during
which such increase was approved. They shall not
receive during their tenure any other emolument
from the Government or any other source.
The prohibition is against decrease in salaries
DURING THE TENURE. What about increase?
It is allowed, but to take effect after the
expiration of the term of the incumbent when the
increase was approved (by Congress of course!).
There is likewise prohibition against receiving
other emolument from the Government OR ANY
OTHER SOURCE.
Section 7. The President-elect and the Vice-President-elect shall assume office at
the beginning
of their terms.
If the President-elect fails to qualify, the
Vice-President-elect shall act as President until the
President-elect shall have qualified.
If a President shall not have been chosen,
the Vice-President-elect shall act as President until
a President shall have been chosen and qualified.
If at the beginning of the term of the
President, the President-elect shall have died or
19
have become permanently disabled, the
Vice-President-elect shall become
President.
Where no President and Vice-President shall have been chosen or shall
have qualified, or where both shall have
died or become permanently disabled, the
President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives shall act as President until
a President or a Vice-President shall have
been chosen and qualified.
The Congress shall provide for the
manner in which one who is to act as
President shall be selected until a President
or a Vice-President shall have qualified, in
case of death, permanent disability, or
inability of the officials mentioned in the
next preceding paragraph.
Vacancy occurring at the start of the term of
the President.
Section 8. In case of death, permanent
disability, removal from office, or
resignation of the President, the Vice-President shall become the President to
serve the unexpired term. In case of death,
permanent disability, removal from office,
or resignation of both the President and
Vice-President, the President of the Senate
or, in case of his inability, the Speaker of
the House of Representatives, shall then act
as President until the President or Vice-President shall have been elected and
qualified.
The Congress shall, by law, provide who
shall serve as President in case of death,
permanent disability, or resignation of the
Acting President. He shall serve until the
President or the Vice-President shall have
been elected and qualified, and be subject to
the same restrictions of powers and
disqualifications as the Acting President.
Vacancy occuring during the term,
In case of death, permanent disability, removal
or resignation of the President, the Vice President
BECOMES the President.
ESTRADA vs. GMA, GR 146710-15 March 2,
2001 (on resignation)
Vacancy in BOTH the office of Pres. & VP on the
foregoing grounds
Senate President (in case of his inability, the
House Speaker) ACTS as President until the
President or VP shall have been elected and
qualified. Congress shall pass a law designating
who shall act as president in case of death,
permanent disability, removal or resignation of
the acting president.
Section 9. Whenever there is a vacancy in the
Office of the Vice-President during the term for
which he was elected, the President shall nominate
a Vice-President from among the Members of the
Senate and the House of Representatives who shall
assume office upon confirmation of a majority vote
of all the Members of both Houses of the Congress,
voting separately.
In case the vacancy is in the office of the Vice
President ALONE, it may be filled up by the
President by nominating a member of Congress
who shall be confirmed by MAJORITY VOTE
of ALL members of Congress, both houses
voting separately.
Section 10. The Congress shall, at ten o'clock in
the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs,
convene in accordance with its rules without need
of a call and within seven days enact a law calling
for a special election to elect a President and a
Vice-President to be held not earlier than forty-five
days nor later than sixty days from the time of such
call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress.
20
Appropriations for the special elections
shall be charged against any current
appropriations and shall be exempt from the
requirements of paragraph 4, Section 25,
Article VI of this Constitution. The
convening of the Congress cannot be
suspended nor the special election
postponed. No special election shall be
called if the vacancy occurs within eighteen
months before the date of the next
presidential election.
Vacancy in both office of the Pres. And VP
(Sec. 10) Congress shall enact a law calling
for special election. No special election if
vacancy is within 18 months of coming
presidential election.
Section 11. Whenever the President
transmits to the President of the Senate and
the Speaker of the House of Representatives
his written declaration that he is unable to
discharge the powers and duties of his office
and until he transmits to them a written
declaration to the contrary, such powers
and duties shall be discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of
the Cabinet transmit to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration
that the President is unable to discharge the
powers and duties of his office, the Vice-President shall immediately assume the
powers and duties of the office as Acting
President.
Thereafter, when the President transmits to
the President of the Senate and to the
Speaker of the House of Representatives his
written declaration that no inability exists,
he shall reassume the powers and duties of
his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit
within five days to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration
that the President is unable to discharge the powers
and duties of his office, the Congress shall decide
the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight
hours, in accordance with its rules and without
need of call.
If the Congress, within ten days after receipt of the
last written declaration, or, if not in session, within
twelve days after it is required to assemble,
determines by a two-thirds vote of both Houses,
voting separately, that the President is unable to
discharge the powers and duties of his office, the
Vice-President shall act as the President;
otherwise, the President shall continue exercising
the powers and duties of his office.
Section 12. In case of serious illness of the
President, the public shall be informed of the state
of his health. The Members of the Cabinet in charge
of national security and foreign relations and the
Chief of Staff of the Armed Forces of the
Philippines, shall not be denied access to the
President during such illness.
In case of Presidential disability under Sec. 11 &
12, when there is a written declaration (transmitted
to Senate Pres./House speaker) by the President of
his inability to discharge his powers, VP acts as
President. In a written declaration (transmitted to
Senate Pres./house speaker) by majority of the
cabinet, VP acts as President.
But if the President makes a written declaration
that no inability exists, he reassumes his powers;
BUT in case, majority of the cabinet transmit
within 5 days to Senate Pres./House Speaker that
the President is unable to discharge the powers and
duties of the office, CONGRESS shall decide the
issue by 2/3 vote of both houses voting separately.
Section 13. The President, Vice-President, the
Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in
this Constitution, hold any other office or
employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice
21
any other profession, participate in any
business, or be financially interested in
any contract with, or in any franchise, or
special privilege granted by the
Government or any subdivision, agency, or
instrumentality thereof, include ng
government-owned or controlled
corporations or their subsidiaries. They
shall strictly avoid conflict of interest in
the conduct of their office.
The spouse and relatives by consanguinity
or affinity within the fourth civil degree of
the President shall not during his tenure be
appointed as members of the
Constitutional Commissions, or the Office
of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including government-owned or controlled corporations and
their subsidiaries.
President/VP/Cabinet Members/deputies &
assistants
� during tenure, cannot hold ANY
OTHER OFFICE OR
EMPLOYMENT (except as may be
provided by the Constitution)
� CIVIL LIBERTIES UNION V.
EXEC. SECRETARY, 194 SCRA
317(declaring E.O. 284 as
unconstitutional)
� (See Sec. 7 par. (2), Art. IX-B of the
Constitution)
Section 14. Appointments extended by an
Acting President shall remain effective,
unless revoked by the elected President
within ninety days from his assumption or
reassumption of office.
Section 15. Two months immediately
before the next presidential elections and
up to the end of his term, a President or
Acting President shall not make
appointments, except temporary appointments to
executive positions when continued vacancies
therein will prejudice public service or endanger
public safety.
Section 16. The President shall nominate and,
with the consent of the Commission on
Appointments, appoint the heads of the executive
department, ambassadors, other public ministers
and consuls, or officers of the armed forces from
the rank of colonel or naval captain, and other
officers whose appointments are vested in him in
this Constitution. He shall also appoint all other
officers of the Government whose appointments are
not otherwise provided for by law, and those whom
he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of
other officers lower in rank in the President alone,
in the courts, or in the heads of departments,
agencies, commissions, or boards.
The President shall have the power to make
appointments during the recess of the Congress,
whether voluntary or involuntary, but such
appointments shall be effective only until after
disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
APPOINTING POWER
� Sec. 14-An ACTING President may make
appointments, but may be revoked by the
President-elect within 90 days from
assumption or re-assumption of office.
� Sec. 15- TWO MONTHS before
presidential elections, the President cannot
exercise the power to appoint EXCEPT
temporary appointments to executive
positions when public service or safety
demands it.
� The requirement that vacancy in the
judiciary must be filled up within 90 days
pursuant to Sec. 4 and 9 of Article VIII
yields to the present provision. Section 15
is directed against two(2) types of
appointments: 1) those made for buying
22
votes; 2) those made for partisan
considerations. In re: Hon. Mateo
A. Valenzuela and Hon. Placido
B. Villarta, 298 SCRA 408.
Nature- essentially executive (Govt. V.
Springer, 50 Phil259),
BUT the constitution allows the legislative,
judiciary, including the constitutional
commissions to exercise the power over
their respective personnel.
� Congress cannot usurp the power.
(Manalang v. Quitoriano,94 Phil 903
[1954])
� power to appoint includes the power to
choose only among those who possess
the qualifications provided by law
(Oliveros-Torre v. Bayot,58 SCRA
274 [1974])
SCOPE- Sec. 16
President is authorized to appoint
1) Heads of executive depts.
Head of a bureau not subject to
confirmation by CA (Sarmiento v.
Mison, 156 SCRA 549
2) Ambassadors, other public ministers
and consuls
3) Officers of the AFP from rank of
colonel or naval captain
4) Officers whose appointment is vested
in the President in the Constitution.
Deles v. CA, 9/4/89
5) all other officers of the government
whose appointment is not provided by
law. Bautista v. CA, 4/13/89; Nieve v.
CFI, 54 SCRA 165 [1973])
6) those whom he may be authorized by
law to appoint
7) The Constitution allows Congress, by
law, to vest appointment of "officers
lower in rank"-in the President alone,
courts, heads of depts., agencies,
commissions or boards. RUFINO et
al., v. ENDRIGA et al., 7/21/06
NOTES:
� First sentence of Sec. 16 requires the
confirmation of the Commission on
Appointments
� ad interim from regular
� Is ad interim appointment a temporary
appointment? No, it�s permanent.. Read:
MATIBAG vs. BENIPAYO et al., [G.R.
No. 149036. April 2, 2002])
� The requirement of recommendation by
subordinate officer does not diminish the
power of the President, he may not be
bound by such requirement- Bermudez v.
Torres, 311 SCRA 733, 741
� Permanent vs. Temporary APPOINTMENT
� Acting capacity appointment even if
Congress is in session valid- PIMENTEL,
JR., et al. vs. EXEC. SECRETARY, G.R.
No. 164978, October 13, 2005.
� appointment vs. designation (Binamira v.
Garrucho, 188 SCRA 154)
Removal power (implied in the power to appoint)
� for cabinet members and other officials
serving at the pleasure of the president,
there is no removal but expiration of their
term
� with respect to other officials, removal must
be in accordance with the Constitution, law
Larin vs. Executive Secretary 280 SCRA 713.-a
presidential appointee who belongs to the career
service of the Civil Service, comes under the direct
disciplining authority of the President.
Section 17. The President shall control of all the
executive departments, bureaus and offices. He
shall ensure that the laws be faithfully executed.
CONTROL POWER-" the power of an officer to
alter or modify or nullify or set aside what a
subordinate officer had done in the performance
of his duties and to substitute the judgement of the
former for that of the latter."(Mondano v.
Silvosa, 97 Phil 143 [1955])
23
the power merely applies to the exercise of
control over the acts of the subordinate and
not over the actor or agent himself of the act.
Disciplinary power flows from the power of
appointment not from power of control
(Ang-angco v. Castillo, 9 SCRA 619
[1963])
�control" and "supervision"- distinguished
(Drilon v. Lim,235 SCRA 135
even if it was the department secretary
who was authorized by law, the President
may directly exercise the authority.
Araneta v. Gatmaitan,101 Phil 328
"Control" over officers of govt. Owned or
controlled corporation-by statute
(Namarco v. Arca,29 SCRA 648 [1969])
Qualified Political Agency- defined
(Villena v. Sec.,67 Phil 451)
� The executive secretary acting "by
authority" of the President, may
reverse a decision of another
department secretary (Lacson-Magallanes v. Pano, 21 SCRA 895
[1967. OR he may even reverse or
modify the construction of a statute
given by the secretary of justice.
(Maceda v. Macaraig, Jr.197 SCRA
771[1991]; Even an ASST.
EXECUTIVE SECRETARY acting
for the President, may reverse the
decision of the Secretary of
Agriculture and Resources (Roque v.
Director of Lands,7/1/76)-� Under this doctrine, a director of the
NBI cannot ignore or defy the order of
the Department of Justice, (De Leon
v. Carpio, 10/12/89). Neither can a
fiscal add to the number of accused
directed by the Secretary of Justice to
be prosecuted. Noblejas v. Salas,67
SCRA 47;A fiscal is duty bound to
withdraw an information when ordered to do
so under PD 916; Jacob v. Pano, 131 SCRA
144
FAITHFUL EXECUTION CLAUSE
Exercise of executive power as distinguished from
exercise of legislative power � KMU et al vs.
DIRECTOR, NEDA et al.,
GR No. 167798, April 19, 2006 � on
constitutionality of unified ID system under EO 420
How does it reconcile with �executive
impoundment.�(PHILCONSA vs. Enriquez, 235
SCRA 506)
Section 18. The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension
of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in
writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke
such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the
same manner, extend such proclamation or
suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist
and public safety requires it.
The Congress, if not in session, shall, within
twenty-four hours following such proclamation or
suspension, convene in accordance with its rules
without any need of a call.
The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation
24
of martial law or the suspension of the
privilege of the writ or the extension thereof,
and must promulgate its decision thereon
within thirty days from its filing.
A state of martial law does not suspend
the operation of the Constitution, nor
supplant the functioning of the civil courts
or the legislative assemblies, nor authorize
the conferment of jurisdiction on military
courts and agencies over civilians where
civil courts are able to function, nor
automatically suspend the privilege of the
writ.
The suspension of the privilege of the
writ shall apply only to persons judicially
charged for rebellion or offenses inherent in
or directly connected with the invasion.
During the suspension of the privilege
of the writ, any person thus arrested or
detained shall be judicially charged within
three days, otherwise he shall be released.
Military Power- COMMANDER IN CHIEF
� Significance power - to create court
martials to discipline members of the
military and military commissions to
try war criminals and other
offenders. In Aquino v. Military
Commission No.2, 63 SCRA 546,
the Supreme Court upheld the
power of the President to create
military commission to try civilians
even if the civil courts are open;
BUT the same was reversed in
Olaguer v. Military Commission
No. 34, 150 SCRA 144, following
the "OPEN COURT THEORY"
� a soldier may be restrained by a
superior officer from speaking out
on certain matters.Kapunan, Jr. v.
De Villa, 168 SCRA 264 [1988];
� a military officer cannot disobey his
superior and commander in chief and testify
before a legislative inquiry- GUDANI v.
SENGA, 8/15/06
CALLING OUT POWER - to prevent or suppress
lawless violence, invasion or rebellion- (most
benign compared to suspension of the privilege and
martial law)
� May this power subject to judicial review?
IBP vs. Zamora, 338 SCRA 81
� Sanlakas v. Executive Secretary, G.R. No.
159085, February 3, 2004, 421 SCRA 656,
wherein this Court sustained President
Arroyo's declaration of a "state of
rebellion" pursuant to her calling-out
power. BUT a proclamation of �state of
emergency�does not grant additional power
to the President. DAVID vs. ARROYO,
GR No. 171396 (PP 1017, 1021) National
Emergency
SUSPENSION OF THE PRIVILEGE OF THE
WRIT OF HABEAS CORPUS
� Meaning-extent
� Writ of habeas corpus distinguished from
WRIT OF AMPARO and WRIT OF
HABEAS DATA
� Is the Suspension of the Privilege of the Writ
of Habeas Corpus and Declaration of
Martial law POLITICAL QUESTION? Sec.
18 has modified the ruling in Montenegro
v. Castaneda, 91 PHIL 882; Barcelon v.
Baker, 5 Phil 87 ; Lansang v. Garcia, 42
SCRA 448 ; Garcia Padilla v. Enrile, 121
SCRA 472
MARTIAL LAW- read: Aquino v. Enrile, 59
SCRA 183
Limitations on the military power: SECTION 18
Section 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the
25
President may grant reprieves,
commutations and pardons, and remit fines
and forfeitures, after conviction by final
judgment.
He shall also have the power to grant
amnesty with the concurrence of a majority
of all the Members of the Congress.
Clemency powers: Pardon/ Amnesty
Pardon, Commutation, Reprieve defined.
A. Limitations on pardon
� cannot be granted in case of
impeachment;
� violation of election law, rule or
regulation shall be with
recommendation of COMELEC,
� after final conviction-The scope of pardoning power of the
President extends even to administrative
cases. (Llamas v. Orbos, 10/15/91)
B. Kinds of Pardon:
a. conditional or absolute
� mere commission, not
necessarily conviction, of an
offense, a violation of the
condition(Torres v. Gonzales,
152 SCRA 272 [1987];
Espuelas v. Prov. Warden,
108 PHIL 353;
� The determination of the
violation of the conditional
pardon rests exclusively in the
sound judgment of the Chief
Executive.In re: Wilfredo
Sumulong Torres, 251 SCRA
709. SAME RULING FINDS
APPLICATION IN CASE OF
PAROLE (Tesoro v. Director
of Prisons, 68 PHIL 154
[1939];
b. partial or plenary
A. Effects of Pardon-
� Restores political and civil rights
(Pelobello v. Palatino, 72 PHIL 44;
� But not to reinstatement to public office,
although the pardonee may re-apply for
said position (Monsanto v. Factoran170
SCRA190);
� but if actually reinstated & no
circumstances would warrant diminution
of rank, justice and equity dictated that he
be given his former rank of principal
(Sabello v. DECS, 12/26/89);
� and if the pardon was based on the
innocence of the pardonee, the pardon
extended on the administrative penalty
entitles him reinstatement with back
wages (Garcia v. COA, 9/14/93) ;remits
fines and forfeitures inuring to the
government, but not civil liability to
private persons.
No pardon when case pending appeal;
appeal must be withdrawn. (People v.
Salle, 12/4/95,
F. Distinctions of Parole and Pardon
� parole involves release from
imprisonment but not restoration of
liberty; in parole, the parolee is still in
the custody of the law
Amnesty- granted by the President with
concurrence of Congress AND admission of guilt is
now required (Vera v. People7 SCRA 152)
Distinction between amnesty and pardon-Section 20. The President may contract or
guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as
may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of
26
the calendar year, submit to the Congress a
complete report of its decisions on
applications for loans to be contracted or
guaranteed by the Government or
government-owned and controlled
corporations which would have the effect of
increasing the foreign debt, and containing
other matters as may be provided by law.
CONSTANTINO, JR. vs. HON. JOSE B.
CUISIA G.R. No. 106064, October 13,
2005- the power to contract loan may be
delegated to a cabinet secretary under the
doctrine of qualified political agency.
Section 21. No treaty or international
agreement shall be valid and effective
unless concurred in by at least two-thirds of
all the Members of the Senate.
On the validity of the VFA applying Section
21 of Art. VII in relation to Sec.25, Art.
XVIII. (BAYAN vs. ZAMORA, G.R. No.
138570. October 10, 2000)
Section 22. The President shall submit to
the Congress within thirty days from the
opening of the regular session, as the basis
of the general appropriations bill, a budget
of expenditures and sources of financing,
including receipts from existing and
proposed revenue measures.
Section 23. The President shall address
the Congress at the opening of its regular
session. He may also appear before it at any
other time.
ARTICLE VIII
Judicial Department
Section 1. The judicial power shall be vested in
one Supreme Court and in such lower courts as
may be established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving
rights which are legally demandable and
enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
What is Judicial Power? Vested in the judiciary �not
merely some specified or limited judicial power, but
the entirety or "all" of said power, except, only, so
much as the Constitution confers upon some other
agency.� Lopez v. Roxas, 17 SCRA 756,761
[1966].
BUT the power cannot be exercised where there is
no law authorizing its exercise.
� Channie Tan vs. Republic, 107 Phil., 632,
April 18, 1960, in which this Court ruled
that an action for judicial declaration of
citizenship was held not to be a justiciable
controversy, because there is no legislation
authorizing the institution of such
proceeding.
� Or to reverse the award of board of judges in
an oratorical contest (Felipe v. Leuterio, 91
Phil 482 [1952]);
� Or invalidate the �ranking of honor
students�. Santiago v. Bautista, 32 SCRA
188 [1970].
Justiciable questions
Sanidad v. COMELEC, 73 SCRA 333
Bondoc v. HRET9/26/91
Meaning of Political questions
De Llana v. COMELEC, 92 SCRA 30
Arnault v. Balagtas, 97 Phil 358
PBA VS. COMELEC, 10/20/85
De Castro v. COMMITTEE, 9/10/85
27
Expanded power of the judiciary-Sec. 1 Art.
VIII- Marcos v. Manglapus, 177 SCRA
668 [1989] ; Daza v. Singson, 180 SCRA
496 [1989]; Garcia v. BOI, 11/9/90
POWER OF JUDICIAL REVIEW
1. POWER OF JUDICIAL
REVIEW(judicial inquiry)-meaning? Marbury vs. Madison, 1
Cranch 137 (1803)
2. What is "judicial supremacy"?
Angara v. Electoral Commission,
63 Phil 13
3. Art. VIII, Sec. 1, Constitution; see
also Art. VIII, Sec. 4(2); Implicit
under Sec. 5(2), Art. VIII, lower
courts may exercise the power of
judicial review (YNOT v. IAC, 148
SCRA 659
4. Functions of Judicial Review
a. Checking
b. Legitimating
c. Symbolic (SALONGA v.
PANO, 134 SCRA 438)
5. Requisites for its exercise? Dumlao
v. Comelec,95 SCRA 392)
a. Actual case or controversy ripe
for adjudication
b. Question of Constitutionality
must be raised by the proper
party
c. Constitutional question must be
raised at the earliest opportunity
d. The decision of the
constitutional question must be
necessary to the determination of
the case itself
6. ACTUAL CASE OR
CONTROVERSY
a. TOLENTINO V. SEC. OF
FINANCE, 8/25/94
b. Where the question is premised on the
possibility that if Makati is given a new
corporate existence, the terms of local
officials would start all over again and
they may run again, there is no actual
controversy to speak of (Mariano v.
Comelec, 242 SCRA 211)
c. It is not ripe for judicial review if
Comelec has not taken any action to
enforce Resolution No. 2722 which
prohibited newspapers from publishing
accounts or comment which manifestly
favor oppose any candidate or political
party of unduly or repeatedly referring
to or including the publication any
candidate or political party. (PPI v.
Comelec, 244 SCRA 272)
d. Only when congress fails to comply
with the directive of the Constitution on
proportional representation of political
parties can the party-list representatives
seek recourse to the Supreme Court
under its power of judicial review.
Pimentel v. HRET, GR No. 14189,
11/29/02
Mootness; but capable of repeating yet evading
review (David vs. ARROYO, GR No. 171396 (PP
1017, 1021) National Emergency)
5. PROPER PARTY - Standing
a. DAVID vs. ARROYO, GR No. 171396
(PP 1017, 1021) National Emergency;
b. Joya v. PCGG, 8/24/93; KILOSBAYAN
V. Guingona, Jr., 5/5/94 IBP vs.
Zamora, 338 SCRA 81
c. Citizenship satisfies the requirement of
standing in the enforcement of public right
(Chavez v. PCGG, GR 130716 12/9/98
citing Legaspi v. CSC)
d. But if no constitutional issue is involved
and the petitioners are not parties to the
contract, they have no standing to bring the
28
petition. (Kilosbayan, Inc. v.
Morato, 246 SCRA 540)
e. Taxpayer�s suits-Pascual vs. Secretary, supra
Information Tech. Foundation of
the Phil., et al., vs. COMELEC et
al., GR No. 159139, Jan. 13, 2004
cannot be invoked if the act
complained of does not involve
illegal disbursement of public
funds. (Anti-Graft League of the
Phil. Inc. v. San Juan, 260 SCRA
250);
It must involve the spending power
of Congress- GONZALES vs.
NARVASA, 337 SCRA 733
Taxpayers may file an action
questioning the contracts entered
into by the government on the
ground that they contract is in
contravention of the law. (Tatad v.
Garcia, 243 SCRA 436)
�A taxpayer must claim that first,
public funds are illegally disbursed,
second or that money is being
deflected to any improper purpose,
or third that there is a wastage of
public funds through the
enforcement of an invalid or
unconstitutional law.�
FRANCISCO vs. HOUSE OF
REPRESENTATIVES, GR
160261, Nov. 10, 2003.
f. May a taxpayer suit prosper other
than to question the disbursement
of public funds? YES. When the
suit is intended to compel a
government agency to comply with
constitutional duties: 1) the right of
citizens to information on matters of
public concern; 2) to prevent PEA
(govt. agency) from alienating lands of the
public domain in violation of the
constitution. Chavez vs. PEA, AMARI,
170 SCAD 323, 7/9/02
g. EXCEPTIONS to the locus standi
requirement- CASES of
TRASCENDENTTAL IMPORTANCE
� Issues involved (deregulation of the
downstream oil industry) are of
transcendental significance to the people,
the petition may be taken cognizance.
Tatad v. Sec. Of Dept. Of Energy,
11/5/97)
� (SolGen v. MDA, 12/11/91)
5. Raising the constitutional issue at the
EARLIEST OPPORTUNITY.-- �Earliest
opportunity� means raising the constitutional issue
at the time the petition is filed before the competent
body. (Matibag v. Benipayo, 380 SCRA 49) or at
the trial court.
6. EFFECTS OF DECLARATION OF
UNCONSTITUTIONALITY
1. Orthodox view- Springer v. Govt. Of the
Phil, 297 US 189
2. Modern View- Manila Motors Co. V. Flores,
99 Phil 738
Partial Unconstitutionality-
A partial unconstitutionality of a law may still
salvage the rest if the legislature is willing to retain
the valid part as such legislative intent is usually
shown by existence of a separability clause in the
law. Or the valid portions can stand independently.
(Bar Flunkers bill, In re Cunanan, 94 Phil 534;
Flores v. Comelec, 184 SCRA 484)
Section 2. The Congress shall have the power to
define, prescribe, and apportion the jurisdiction of
various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in
Section 5 hereof.
29
No law shall be passed reorganizing the
Judiciary when it undermines the security of
tenure of its Members.
Jurisdiction Distinguished from Judicial
power
Mantruste systems , Inc. v. CA, 179
SCRA [1989] ; Malaga v. Penachos, Jr. ,
9/3/92
Section 3. The Judiciary shall enjoy
fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the
legislature below the amount appropriated
for the previous year and, after approval,
shall be automatically and regularly
released.
What is the meaning of Fiscal Autonomy?
Bengzon v. Drilon,208 SCRA 133
Section 4. (1) The Supreme Court shall
be composed of a Chief Justiceand fourteen
Associate Justices. It may sit en banc or, in
its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled
within ninety days from the occurrence
thereof.
(2) All cases involving the constitutionality
of a treaty, international or executive
agreement, which shall be heard by the
Supreme Court en banc, and all other cases
which under the Rules of Court are required
to be heard en banc, including those
involving the constitutionality, application,
or operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations, shall be
decided with the concurrence of a majority
of the Members who actually took part in
the deliberations on the issues in the case
and voted thereon.
(3) Cases or matters heard by a division
shall be decided or resolved with the
concurrence of a majority of the Members
who actually took part in the deliberations on the
issues in the case and voted thereon, and in no
case, without the concurrence of at least three of
such Members. When the required number is not
obtained, the case shall be decided en banc;
Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc
or in division may be modified or reversed except
by the court sitting en banc.
-composition?
-cases decided En Banc?
-vote required?
A motion for reconsideration is a matter to be
resolved, the resolution thereof is not a decision that
should be brought before the SC en banc.
FORTICH vs. Corona, GR 131457, Aug. 19,
1999
Section 5. The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify , or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders
of lower courts in:
a) All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance,
or regulation is in question.
b) b) All cases involving the legality of any
tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
c) All cases in which the jurisdiction of any
lower court is in issue.
30
d) All criminal cases in which the
penalty imposed is reclusion perpetua
or higher.
e) All cases in which only an error or
question of law is involved.
� judicial powers of SC?
� original jurisdiction?
� appellate jurisdiction?
(3) Assign temporarily judgesof lower
courts to other stations as public interest
may require. Such temporary assignment
shall not exceed six months without the
consent of the judge concerned.
(4) Order a change of venue or place of
trial to avoid a miscarriage of justice.
(5) Promulgate rulesconcerning the
protection and enforcement of constitutional
rights, pleading, practice, and procedure in
all courts, the admission to the practice of
law, the Integrated Bar, and legal
assistance to the underprivileged. Such
rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases, shall be uniform for all
courts of the same grade, and shall not
diminish, increase, or modify substantive
rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme
Court.
What are the non-judicial powers of the
Supreme Court?
1. CHANGE OF VENUE
People v. Gutierrez, 36 SCRA 172
2. RULE MAKING POWER
� Echegaray v. Sec. Of Justice, 301
SCRA 96 (1999) on MR.
� Intermediate review of Death Penalty
cases- may be provided by the
Supreme Court- PEOPLE vs. MATEO,
GR 147678-87, July 7, 2004
Writ of Amparo � Sec. of National Defense vs.
MANALO, G.R. No. 180906, October 7, 2008
Writ of Habeas Data,
Section 60 of the CARP law provides appeal
from decision of the Special Agrarian Court by
petition for review. Is this an encroachment by
congress on the rule-making power of the
Supreme Court ? NO. Rules of procedure of
special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
The Supreme Court has not issued yet provided for
particular process governing Special Agrarian
Courts. Land Bank v. De Leon, GR No. 143275,
9/10/02
3. ADMISSION TO BAR
In re Cunanan, 94 Phil 534 [1954]
4. BAR INTEGRATION
IN RE : ATTY. EDILLON, 84 SCRA 554
(6) Appoint all officials and employees of the
judiciary in accordance with the Civil Service
Law.
Section 6. The Supreme Court shall have the
administrative supervision over all courts and the
personnel thereof.
Administrative supervision over judges and court
personnel is the sole authority of the SC;
ombudsman has no power to investigate. (SC power
of supervision and Independence of the Judiciary-Sanz Maceda v. Vasquez, 221 SCRA
464;
Carriedo v. Ombudsman, 12/24/96
Section 7.
(1) No person shall be appointed Member of the
Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty
31
years of age and, must have been for fifteen
years or more a judge of a lower court or
engaged in the practice of law in the
Philippines.
(2) The Congress shall prescribe the
qualifications of judges of lower courts, but
no person may be appointed judge thereof
unless he is a citizen of the Philippines and
a member of the Philippine Bar.
(3) A Member of the Judiciary must be a
person of proven competence, integrity,
probity, and independence.
Qualifications of a justice of the Supreme
Court? What about a judge under the law?
Section 8.
(1) A Judicial and Bar Council is
hereby created under the supervision of the
Supreme Court composed of the Chief
Justice as ex officio Chairman, the
Secretary of Justice, and a representative of
the Congress as ex officio Members, a
representative of the Integrated Bar, a
professor of law, a retired Member of the
Supreme Court, and a representative of the
private sector.
(2) The regular Members of the
Council shall be appointed by the President
for a term of four years with the consent of
the Commission on Appointments. Of the
Members first appointed, the representative
of the Integrated Bar shall serve for four
years, the professor of law for three years,
the retired Justice for two years, and the
representative of the private sector for one
year.
(3) The Clerk of the Supreme Court shall
be the Secretary ex officio of the Council
and shall keep a record of its proceedings.
(4) The regular Members of the Council
shall receive such emoluments as may be
determined by the Supreme Court. The Supreme
Court shall provide in its annual budget the
appropriations for the Council.
(5) The Council shall have the principal function
of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the
Supreme Court may assign to it.
Section 9. The Members of the Supreme Court
and judges of lower courts shall be appointed by
the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the
submission of the list.
Section 10. The salary of the Chief Justice and of
the Associate Justices of the Supreme Court, and of
judges of lower courts shall be fixed by law. During
their continuance in office, their salary shall not be
decreased.
Are the salaries of justices and judges exempt from
tax? Nitafan v. CIR, 152 SCRA 284
Section 11. The Members of the Supreme Court
and judges of lower courts shall hold office during
good behavior until they reached the age of seventy
years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc
shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a
majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon.
Security of Tenure
De Llana v. Alba, 82 SCRA 30 [1982]
But see, 2nd par of Sec. 2
Disciplinary power
Only when the penalty is dismissal that the court
must decide en banc. (People v. Gacott, 246
SCRA 52)
32
Section 12. The Members of the Supreme
Court and of other courts established by law
shall not be designated to any agency
performing quasi-judicial or administrative
functions.
Garcia v. Macaraig, supra
A judge should not accept the designation
as member of a committee performing
administrative functions. (In re Judge
Manzano, 166 SCRA 246 [1988]
Section 13. The conclusions of the
Supreme Court in any case submitted to it
for decision en banc or in division shall be
reached in consultation before the case is
assigned to a Member for the writing of the
opinion of the Court. A certification to this
effect signed by the Chief Justice shall be
issued and a copy thereof attached to the
record of the case and served upon the
parties. Any Member who took no part, or
dissented, or abstained from a decision or
resolution must state the reason therefor.
The same requirements shall be observed by
all lower collegiate courts.
The absence of certification does not
invalidate the decision. (Consing v. CA.,
8/29/89)
Section 14. No decision shall be rendered
by any court without expressing therein
clearly and distinctly the facts and the law
on which it is based.
No petition for review or motion for
reconsideration of a decision of the court
shall be refused due course or denied
without stating the legal basis therefor.
SOME REASONS FOR THE
REQUIREMENT:
1. assure the parties
that the judge studied the case;
2. to give the losing
party opportunity to analyze the
decision and possibly appeal or, alternatively,
convince the losing party to accept the
decision in good grace;
3. to enrich the body of the
case law, especially if the decision is from the
Supreme Court. (Francisco v. Permskul,
5/12/89)
Decisions of the Court
Talabon v. Warden,44 OG 4326
Bernabe v. Geraldez,51 SCRA 369
Air France v. Carrascoso, 18 SCA 155 [1956]
No compliance
� VELARDE vs. SOCIAL JUSTICE
SOCIETY, G.R. No. 159357, April 28,
2004
� no findings of facts and simply contained
the conclusion that the prosecution had
established the guilt of the accused beyond
reasonable doubt and the prosecution
witnesses are more credible, the decision is
defective. (People v. Viernes, 262 SCRA
641)
� The decision is defective if after
summarizing the testimonies of the
complainant and the accused and then ruled
that the story of the complainant is more
credible as it did not contain an evaluation
of the evidence and a discussion of the legal
questions involved. It did not explain why
the testimony of the complainant was
credible. People v. Bugarin, 273 SCRA
384
People vs. FERRER, 406 SCRA 658 [July 2003]
Sufficient compliance
The decision (one for conviction for murder) is
valid even if the discussion of the evidence was
made without citing any jurisprudence as it is
implicit in the discussion of the evidence that the
discussion is made within the context of the law.
(People v. Macoy, 275 SCRA 1)
Minute resolutions
33
� Mendoza v. CFI, 65 SCRA 96
� Minute resolutions need not be
signed nor do they require
certification of the Chief Justice.
(Borromeo v. CA, 186 SCRA 1)
� Prudential Bank v. Castro158
SCRA 646
� When the Court of Appeals issued a
resolution refusing to give due
course to a petition for review from a
decision of the Securities and
Exchange Commission, in effect it
adopted the factual findings of the
Securities and Exchange
Commission and thus complied with
the constitutional requirement. (JRB
Realty, Inc. vs. CA, 271 SCRA
229)
REQUIREMENT DOES NOT APPLY TO:
Comelec- Ruiz v. Comelec, 3/11/93; or
Military Commission- Buscayno v. Enrile,
102 SCRA 7; or to Civil Service
Commission- Dadubo v. CSC, 223 SCRA
747
Section 15. (1) All cases or matters filed
after the effectivity of this Constitution must
be decided or resolved within twenty-four
months from date of submission for the
Supreme Court, and, unless reduced by the
Supreme Court, twelve months for all lower
collegiate courts, and three months for all
other lower courts.
Periods of Decisions
Marcelino v. Cruz, 121 SCRA 51
Transitory provisions - Sec. 12, 13, 14
(2) A case or matter shall be deemed
submitted for decision or resolution upon
the filing of the last pleading, brief, or
memorandum required by the Rules of
Court or by the court itself.
(3) Upon the expiration of the
corresponding period, a certification to this
effect signed by the Chief Justice or the presiding
judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and
served upon the parties. The certification shall state
why a decision or resolution has not been rendered
or issued within said period.
(4) Despite the expiration of the applicable
mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
without further delay.
Section 16. The Supreme Court shall, within thirty
days from the opening of each regular session of
the Congress, submit to the President and the
Congress an annual report on the operations and
activities of the Judiciary
CONSTITUTIONAL COMMISSIONS
ARTICLE IX
A. Common Provisions
Section 1. The Constitutional Commissions,
which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the
Commission on Audit.
Section 2. No Member of a Constitutional
Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in
the practice of any profession or in the active
management or control of any business which in
any way be affected by the functions of his office,
nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise
or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporation or their subsidiaries.
34
Section 3. The salary of the Chairman
and the Commissioners shall be fixed by law
and shall not be decreased during their
tenure.
Section 4. The Constitutional
Commissions shall appoint their officials
and employees in accordance with law.
Section 5. The Commission shall enjoy
fiscal autonomy. Their approved annual
appropriations shall be automatically and
regularly released.
Section 6. Each Commission en banc
may promulgate its own rules concerning
pleadings and practice before it or before
any of its offices. Such rules, however, shall
not diminish, increase, or modify
substantive rights.
Section 7. Each Commission shall decide
by a majority vote of all its Members any
case or matter brought before it within sixty
days from the date of its submission for
decision or resolution. A case or matter is
deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by this
Constitution or by law, any decision, order,
or ruling of each Commission may be
brought to the Supreme Court on certiorari
by the aggrieved party within thirty days
from receipt of a copy thereof.
Decisions
� Under the phrase: �unless otherwise
provided by this Constitution or
law,� the Supreme Court
promulgated SC Revised Circular
No. 1-91 providing decisions of CSC
reviewable by the CA via Petition for
Review under Rule 43.
� EN BANC, Majority of ALL
members; not only those voting and
participating - Estrella v. Comelec, 429
SCRA 789 (2004)
� Decision of the COMELEC may be elevated
to the SC under Rule 64 or 65. Macabago v.
Comelec, GR No. 152163, 11/18/02
Section 8. Each Commission shall perform such
other functions as may be provided by law.
B. The Civil Service Commission
Section 1. (1) The Civil Service shall be
administered by the Civil Service Commission
composed of a Chairman and two Commissioners
who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity
for public administration, and must not have been
candidates for any elective position in the elections
immediately preceding their appointment.
(2) The Chairman and the Commissioners
shall be appointed by the President with the consent
of the Commission on Appointments for a term of
seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, a Commissioner for five years, and another
Commissioner for three years, without
reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor.
In no case shall any member be appointed or
designated in a temporary or acting capacity.
Section 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled corporations
with original
charters.
(2) Appointments in the civil service shall be
made only according to merit and fitness to be
determined, as far as practicable, and, except to
positions which are policy-determining, primarily
confidential, or highly technical, by competitive
examination.
Scope
35
Including GOCCs with original charters
Appointments to civil service-only
according to merit and fitness thru
competitive examinations
EXCEPT: policy-determining, primarily
confidential, or highly technical
Non competitive positions-1). policy determining- duty to formulate
method of action for the govt or any of its
subdivisions.
2). Primarily confidential- denotes not
only confidence in the aptitude of the
appointee for the duties of the office but
primarily close intimacy which insures
freedom of intercourse without
embarrassment or freedom from misgivings
or betrayals of personal trust on confidential
matters of state.
Delos Santos v. Mallare, 87 Phil 287
[1950]
Salazar v. Mathay, 9/30/76
Borres v. CA, 153 SCRA 120 [1987]
Laurel v. CSC, 10/28/91
Cadiente v. Santos, 142 SCRA 280 [1986]
�proximity rule�-Withal, where the position occupied is
remote from that of the appointing authority,
the element of trust between them is no
longer predominant. Grino v. CSC, 194
SCRA 548(1991)
When may a position considered �primarily
confidential�-when declared �(asst.
secretary to the mayor (not primarily
confidential) Samson v. CA., 145 SCRA
654 [1986]
3). Highly technical- "to possess a
technical skill or training in the supreme or
superior degree
PD 807 classify positions- tenure purposes
Career or Non Career
Appointing authority bound by statutory "next-in-rank-rule"-Santiago v. CSC,
10/27/89
Executive or legislative declaration of the position
as policy determining, primarily confidential or
highly technical, not conclusive upon the courts.
(PAGCOR v. Rilloraza, 6/25/01)
Extent of CSC powers
-not allowed to disapprove appointment and require
another whom it believes to be more qualified.
Central Bank v. CSC, 4/10/89; -neither can it
change the permanent appointment into a temporary
one. Luego v. CSC, 143 SCRA 327
Extent of CSC powers
� not allowed to disapprove appointment and
require another whom it believes to be more
qualified. Central Bank v. CSC, 4/10/89;
� neither can it change the permanent
appointment into a temporary one. Luego v.
CSC, 143 SCRA 327
3) No officer or employee of the civil service shall
be removed or suspended except for cause provided
by law.
"for cause provided by law" covers both procedural
and substantive (Delos Santos v. Mallare, supra)
Non-competitive positions entitled to security of
tenure, except those involving primarily
confidential. (Hernandez v. Villegas, 14 SCRA
544 [1965]
"designation" of Manager for PTA (whose
appointment should be made by the President) made
by the Secretary of Tourism is not a valid
appointment, hence no security of tenure.
(Binamira v. Garrucho July 23, 1990)
ABOLITION OF OFFICE
-does not violate security of tenure if: Done in
Good Faith-Briones v. Osmena, 104 Phil 588(bad
faith) ;Dario v. Mison, 176 SCRA 84;
36
-Must not be for personal or political
reasons and not in violation of law ( Roque
v. Ericta, 53 SCRA 156 [1973])
-Sec. 35 of RA 6715 -declaring all positions
of the Commissioners and Labor Arbiters of
the NLRC unconstitutional- (Mayor v.
Macaraig, 3/5/91)
� Demotion for lack of evidence and
proper notice violates security of
tenure and due process. Gen.
Manager, PPA v. Monserate, Gr
No. 129616, 4/17/02
� Transfers without consent of the
appointed-not merely assigned- to a
particular station are not allowed.
CARINO vs. Executive Director,
GR 144493, 4/9/02;
� Even in re-assignment, if it is
indefinite, (lasting ten years), is
removal without just cause. Pastor
v. City of Pasig, GR No. 146873,
5/9/02
In Larin vs. Executive Secretary 280
SCRA 713. Being a presidential appointee,
he comes under the direct disciplining
authority of the President.
4) No officer or employee in the civil
service shall engage, directly or indirectly,
in any electioneering or partisan political
campaign.
Partisan Political Activity- Sec. 2(3)
Partisan Political Activity
-includes every form of solicitation of the
electors vote in favor of specific candidate.
(People v. De Venecia, 14 SCRA 864.
Includes contribution of money for election
purposes and distribution of handbills.
The prohibition notwithstanding, civil service
officers and employees are allowed to vote, as well
as express their views on political issues, or
mention the names of certain candidates for public
office whom they support. [Quinto vs.
Commission on Elections, 613 SCRA 385(2010)]
Deemed resigned provisions
� Fari�as, et al. v. Executive Secretary, et al.
G.R. No. 147387, December 10, 2003, 417
SCRA 503.
Incumbent Appointive Official.�Under Section 13
of RA 9369, which reiterates Section 66 of the
Omnibus Election Code, any person holding a
public appointive office or position, including
active members of the Armed Forces of the
Philippines, and officers and employees in
government-owned or-controlled corporations, shall
be considered ipso facto resigned from his office
upon the filing of his certificate of candidacy.
Incumbent Elected Official.�Upon the other hand,
pursuant to Section 14 of RA 9006 or the Fair
Election Act, which repealed Section 67 of the
Omnibus Election Code and rendered ineffective
Section 11 of R.A. 8436 insofar as it considered an
elected official as resigned only upon the start of the
campaign period corresponding to the positions for
which they are running, an elected official is not
deemed to have resigned from his office upon the
filing of his certificate of candidacy for the same or
any other elected office or position. In fine, an
elected official may run for another position without
forfeiting his seat. [on MR upheld in Quinto vs.
Commission on Elections, 613 SCRA 385(2010)]
-prohibition does not apply to department
secretaries. Santos v. Yatco, 106 Phil
(5) The right to self-organization shall not be
denied to government employees.
Self Organization; Art. III, Sec. 8
Art. IX -B Sec. 2(5); Art. XIII, Sec. 3;
37
Can form unions-but do not have the right to
strike-SSS v. CA, 7/28/89;including mass
actions/leaves-MPSTA v. Sec. 8/6/91 ;
(6) Temporary employees of the
Government shall be given such protection
as may be provided by law.
-no security of tenure in temporary
appointments (Mendiola v. Tancinco, 52
SCRA 66; BUT may not be removed to bust
faculty union-PLM v. CSC, 241 SCRA 506
Section 3. The Civil Service Commission,
as the central personnel agency of the
Government, shall establish a career service
and adopt measures to promote morale,
efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil
service. It shall strengthen the merit and
rewards system, integrate all human
resources development programs for all
levels and ranks, and institutionalize a
management climate conducive to public
accountability. It shall submit to the
President and the Congress an annual
report on its personnel programs.
Section 4. All public officers and
employees shall take an oath or affirmation
to uphold and defend this Constitution.
Section 5. The Congress shall provide for
the standardization of compensation of
government officials, including those in
government-owned or controlled
corporations with original charters, taking
into account the nature of the
responsibilities pertaining to, and the
qualifications required for their positions.
Section 6. No candidate who has lost in
any election shall, within one year after
such election, be appointed to any office in
the Government of any government-owned
or controlled corporations or in any of its
subsidiaries.
Section 7. No elective official shall be eligible
for appointment or designation in any capacity to
any public office or position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall
hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations or
their
subsidiaries.
FLORES V. DRILON / GORDON, 223 SCRA
568 [1993] 6/22/93
Section 8. No elective or appointive public
officer or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept without
the consent of the Congress, any present,
emolument, office, or title of any kind from any
foreign government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.
If a retiree accepts another government
position, he may continue receiving pension
or gratuity but cannot credit his years of
service in his previous government service
to his present position for purposes of
computing his separation pay. (Santos v.
CA, 11/22/00)
A. The Commission on Elections
Section 1. (1) There shall be a Commission on
Elections composed of a Chairman and six
Commissionerswho shall be natural-borncitizens
of the Philippines and, at the time of their
appointment, at least thirty-fiveyears of age,
holders of a college degree, and must not have been
candidates for any elective position in the
immediately preceding elections. However, a
majority thereof, including the Chairman, shall be
Members of the Philippine Bar who have been
engaged in the practice of law for at least tenyears.
38
What constitutes practice of law?
CAYETANO V. MONSOD, 9/3/91
(2) The Chairman and the Commissioners
shall be appointed by the President with the
consent of the Commission on Appointments
for a term of seven years without
reappointment. Of those first appointed,
three Members shall hold office for seven
years, two Members for five years, and the
last Members for three years, without
reappointment. Appointment to a vacancy
shall be only for the unexpired term of the
predecessor. In no case shall any Member
be appointed or designated in a temporary
or acting capacity.
Composition, qualifications and
appointment of Comelec members?
Two conditions for workability of
Rotational system
(1) that the terms of the first three (3)
Commissioners should start on a common
date, and, (2) that any vacancy due to death,
resignation or disability before the
expiration of the term should only be filled
only for the unexpired balance of the term.
Gaminde vs. Commission on Audit, 347
SCRA 655(2000), citing Republic v.
Imperial, 96 Phil. 770 (1955)
Ban against designation or acting capacity
Brillantes v. Yorac, 192 SCRA 358
Ban against re-appointment
Nationalista party v. De Vera, 35 Phil 126
Republic v. Imperial, 96 Phil 770
Ban against designation or acting capacity
Brillantes v. Yorac, 192 SCRA 358
Ad interim appointments of Chairman and
commissioners of COMELEC not a
violation. A renewal of ad interim
appointments in case of by-pass by the
Commission on Appointment not a violation of the
Constitution. MATIBAG vs. BENIPAYO, GR
149036, 4/2/02
Section 2. The Commission on Elections shall
exercise the following powers and functions :
(1) Enforce and administer all laws and
regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
Independence and power to enforce election laws
� RA 9189 (absentee voting law) authorizes
Congress to review COMELEC�s
implementing rules and regulations, valid?
ANSWER: It violates the constitutional
guaranty of independence of the
constitutional commissions. Macalintal
vs. Comelec et al., GR No. 157013, July
10, 2003.
� Including plebiscites-BUAC vs. Comelec,
G.R. No. 155855, January 26, 2004
Executive power lodged in the COMELEC.
essentially executive and administrative (Ututalan
v. Comelec, 15 SCRA 465 [1965]
Not only preventive power but also curative
-include the authority to exclude statistically
improbable returns (Lagumbay v. Comelec, 16
SCRA 175 [1966]).
-may rely on handwriting experts to prove falsity
of returns. (Usman v. Comelec, 42 SCRA 667
[1971].
-Pre-proclamation controversies are decided by
COMELEC under this provision.
By law (Sec. 5 of BP 52) Comelec may be granted
the power to declare failure of elections. �Failure
to elect� may also result from post election
terrorism, and such failure authorizes COMELEC
to call a special election- Sanchez v. Comelec,
6/19/82
39
LDP v. COMELEC, GR 161265, 2/24/04-leadership of political party.
(2) Exercise exclusive original jurisdiction
over all contests relating to the elections,
returns, and qualifications of all elective
regional, provincial, and city officials, and
appellate jurisdiction over all contests
involving elective municipal officials
decided by trial courts of general
jurisdiction, or involving elective barangay
officials decided by trial courts of limited
jurisdiction. Decisions, final orders, or
rulings of the Commission on election
contests involving elective municipal and
barangay offices shall be final, executory,
and not appealable.
Judicial powers of Comelec.
� When is a controversy considered a
�contest� ? Ans. - It becomes a
contest when there is a valid
proclamation.
� Before proclamation, who has
jurisdiction? Ans. - COMELEC
under its administrative and/or
quasi-judicial power.
Power of Contempt not available in the
exercise of administrative powers of
COMELEC. (Guevarra v. Comelec, 104
Phil 269)
Sec. 9 of RA 6679 providing for appeal
from MTC to the RTC on contests
involving elective municipal and barangay
officials is unconstitutional as it deprived
COMELEC its appellate jurisdiction.
(Flores v. Comelec, 184 SCRA 484)
The power of the COMELEC does not
include review of elections of
BARANGAY FEDERATIONS as its
power is limited to popular elections
(Taule v. Sec. Santos, 8/12/91)
JUDICIALREVIEWOF COMELEC DECISIONS
� By the SC only by way of Certiorari (under rule
64 & 65)
� Decisions reviewable by the SC pertains to the
adjudicatory or quasi-judicial power of Comelec
and does not apply to decisions on
administrative matters which may be questioned
before the ordinary courts.(Filipinas
Engineering v. Ferrer, 135 SCRA 25). THUS
the proper court to review a resolution of the
COMELEC in recognizing the lawful election
registrar is the regular courts of general
jurisdiction. (Garces v. CA, 259 SCRA 99)
� May the Supreme Court still review the
decisions of Comelec involving election
contests of elective municipal and barangay
officials. YES, only on questions of law
(Galido v. Comelec, 1/18/91; reiterated in
Rivera v. Comelec, 7/12/91)
(3) Decide, except those involving the right to
vote, all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
This deals with the exercise of quasi-judicial and
administrative authority of the COMELEC, except
the right to vote. (Pungutan v. Abubakar, 43
SCRA 1 [1972]
(4) deputize , with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest, peaceful,
and credible elections
(5) Register , after sufficient publication,
political parties, organizations, or coalitions which,
in addition to other requirements, must present
their platform or program of government; and
accredit citizen's arms of the Commission on
Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their
40
goals through violence or unlawful means,
or refuse to uphold and adhere to this
Constitution, or which are supported by any
foreign government shall likewise be
refused registration.
Financial contributions from foreign
governments and their agencies to political
parties, organizations, coalitions, or
candidates related to elections constitute
interference in national affairs, and, when
accepted, shall be an additional ground for
the cancellation of their registration with
the Commission, in addition to other
penalties that may be prescribed by law.
(6) File,upon a verified complaint, or on
its own initiative, petitions in court for
inclusion or exclusion of voters ;
investigate and, where appropriate,
prosecute cases of violations of election
laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress
effective measures to minimize election
spending, including limitation of places
where propaganda materials shall be
posted, and to prevent and penalize all
forms of election frauds, offenses,
malpractices, and nuisance candidates.
Power to investigate and prosecute
violations of elections laws as part of its
executive power, COMELEC has exclusive
jurisdiction to investigate and prosecute
election offenses committed by PUBLIC
OFFICIALS in relation to their office.
(CORPUS V. TANODBAYAN, 149
SCRA 281 [1987]
Preliminary Investigation conducted by the
Provincial Election Supervisor involving
election offenses need not pass thru the
Provincial Fiscal (Prosecutor) before the
Court may take cognizance to determine
the existence of probable cause. (People v.
Judge Inting, 7/25/90) But may delegate such
power to the regular prosecutors (PEOPLE V.
BASILIA, 11-6-89)
Recommend to the President the removal of any
officer or employerit has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to its
directive, order, or decision.
(9) Submit to the President and the Congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
Section 3. The Commission on Elections may sit
en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite
disposition of election cases, including pre-proclamation controversies. All such
election cases
shall be heard and decided in division, provided
that motions for reconsideration of decisions shall
be decided en banc.
Initial jurisdiction on election cases, including pre-proclamation case
� A petition to cancel the certificate of
candidacy of Garvida on the ground that she
would be more than 21 years of age on
election day cannot be acted upon by
COMELEC en banc but by a division.
(Garvida v. Sales, 271 SCRA 767)
Initial Appellate jurisdiction- by division
� Appeal from MTC or RTC should be
heard/decided by a division. (Abad v.
Comelec, 12/10/99)
Requirement of MR
� No Petition for Certiorari with the SC
without filing a motion for reconsideration
with COMELEC En Banc. (Reyes v. RTC,
5/5/95)
� A Motion for Reconsideration based on the
merits and not a dismissal for failure to
prosecute is what is contemplated under the
41
provision. SALAZAR v.
COMELEC, 184 SCRA 433
[1990].
Section 4. The Commission may, during
the election period, supervise or regulate
the enjoyment or utilization of all franchises
or permits for the operation of
transportation and other public utilities,
media of communication or information, all
grants, special privileges, or concessions
granted by the Government or any
subdivision, agency, or instrumentality
thereof, including any government-owned or
controlled corporation or its subsidiary.
Such supervision or regulation shall aim to
ensure equal opportunity, time and space,
and the right to reply, including reasonable,
equal rates therefor, for public information
campaigns and forums among candidates in
connection with the objective of holding
free, orderly, peaceful, and credible
elections.
Power to regulate media, applies in
plebiscites and referenda. UNIDO V.
COMELEC, 104 SCRA 17 [1981]
Power to regulate media franchise holders
does not include regulation of expression of
opinion of writers in a plebiscite or
referendum. SANIDAD V. COMELEC, 1-29-90.
Radio and television broadcasting companies
may be required to give free air time for
political advertisements during election
period. TELEBAB vs. COMELEC, 289
SCRA 337
Section 5. No pardon, amnesty, parole,
or suspension of sentencefor violation of
election rules, and regulations shall be
granted by the President without a
favorable recommendation of the
Commission.
This is a limitation on the clemency powers of the
President.
Section 6. A free and open party systemshall be
allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.
This is towards a strong multi-party system.
Section 7. No votes cast in favor of a political
party, organization, or coalition shall be valid,
except for those registered under the party-list
system as provided in this Constitution.
No block voting allowed, except under the party list
system.
Section 8. Political parties, or organizations or
coalitions registered under the party-list system,
shall not be represented in the voters' registration
boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in
accordance with law.
Section 9. Unless otherwise fixed by the
Commission in special cases, the election period
shall commence ninety days before the day of the
election and shall end thirty days after.
Election period is fixed by the Constitution. Who
fixes the period in special cases?
Section 10. Bona fide candidates for any public
office shall be free from any form of harassment
and discrimination.
Section 11. Funds certified by the Commission as
necessary to defray the expenses for holding
regular and special elections, plebiscites,
initiatives, referenda, and recalls, shall be provided
in the regular or special appropriations and, once
approved, shall be released automatically upon
certification by the Chairman of the Commission.
42
D. COMMISSION ON AUDIT
Section 1. (1) There shall be a
Commission on Audit composed of a
Chairman and two Commissioners, who
shall be natural-born citizens of the
Philippines and, at the time of their
appointment, at least thirty-five years of
age, certified public accountants with not
less than ten years of auditing experience,
ORmembers of the Philippine Bar who
have been engaged in the practice of law for
at least ten years, and must not have been
candidates for any elective position in the
election immediately preceding their
appointment. At no time shall all Members
of the Commission belong to the same
profession.
(2) The Chairman and the Commissioners
shall be appointed by the President with the
consent of the Commission on Appointments
for a term of seven years without
reappointment. Of those first appointed, the
Chairman shall hold office for seven years,
one Commissioner for five years, and the
other Commissioner for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired portion of
the term of the predecessor. In no case shall
any Member be appointed or designated in
a temporary or acting capacity.
Restricting features in the composition
1) rotational plan or the staggering term in
the commission membership, such that the
appointment of commission members
subsequent to the original set appointed
after the effectivity of the 1987 Constitution
shall occur every two years;
2) maximum but a fixed term-limit of seven
(7) years for all commission members whose
appointments came about by reason of the
expiration of term save the aforementioned
first set of appointees and those made to fill up
vacancies resulting from certain causes;
3) prohibition against reappointment of commission
members who served the full term of seven years or
of members first appointed under the Constitution
who served their respective terms of office;
4) limitation of the term of a member to the
unexpired portion of the term of the predecessor;
and
5) proscription against temporary appointment or
designation. [Funa vs. The Chairman,
Commission on Audit, G.R. No. 192791(2012)]
the provision, on its face, does not prohibit a
promotional appointment from commissioner to
chairman as long as the commissioner has not
served the full term of seven years, further qualified
by the third sentence of Sec. 1(2), Article IX (D)
that �the appointment to any vacancy shall be only
for the unexpired portion of the term of the
predecessor.� [Funa vs. The Chairman,
Commission on Audit, G.R. No. 192791(2012)];
BUT see dissenting opinion of J. Carpio.
Section 2. (1) The Commission on Audit shall
have the POWER, AUTHORITY AND DUTY TO
EXAMINE, AUDIT, AND SETTLE ALL
ACCOUNTS PERTAINING TO THE REVENUE
AND RECEIPTS OF, AND EXPENDITURES OR
USES OF FUNDS AND PROPERTY, OWNED OR
HELD IN TRUST BY, OR PERTAINING TO, THE
GOVERNMENT, OR ANY OF ITS SUBDIVISIONS,
AGENCIES, OR INSTRUMENTALITIES,
INCLUDING GOVERNMENT-OWNED AND
CONTROLLED CORPORATIONS WITH
ORIGINAL CHARTERS, and on a post-audit basis:
(a) constitutional bodies, commissions and offices
that have been granted fiscal autonomy under this
Constitution; (b) autonomous state colleges and
universities; (c) other government-owned or
controlled corporations and their subsidiaries; and
(d) such non-governmental entities receiving
subsidy or equity, directly or indirectly, from or
through the government, which are required by law
of the granting institution to submit to such audit as
a condition of subsidy or equity. However, where
the internal control system of the audited agencies
is inadequate, the Commission may adopt such
measures, including temporary or special pre-43
audit, as are necessary and appropriate to
correct the deficiencies. It shall keep the
general accounts of the Government and,
for such period as may be provided by law,
preserve the vouchers and other supporting
papers pertaining thereto.
(2) The Commission shall have exclusive
authority, subject to the limitations in this
Article, to define thescope of its audit and
examination, establish the techniques and
methodsrequired therefor, and promulgate
accounting and auditing rules and
regulations, including those for the
prevention and disallowance of irregular,
unnecessary, expensive, extravagant, or
unconscionable expenditures, or uses of
government funds and properties
What is the power of the COA? What is the
scope of such power?
Pre-audit
Government, subdivisions, agencies/
instrumentalities, govt owned -controlled
corp. original charters
� Evidently, the BSP, which was
created by a special law to serve a
public purpose in pursuit of a
constitutional mandate, comes within
the class of �public corporations�
defined by paragraph 2, Article 44 of
the Civil Code and governed by the
law which creates it, pursuant to
Article 45 of the same Code. [Boy
Scouts of the Philippines vs.
Commission on Audit, 651 SCRA
146(2011)] NOTE: Justice Carpio
dissented on the ground that BSP has
ceased to be �gov�t owned or
controlled.� E.g. PAL; PNB.
Post Audit
constitutional bodies, commissions and offices
granted fiscal autonomy by the constitution
1. autonomous state colleges/universities
2. other govt owned or controlled corporations and
their subsidiaries
3. Non gov'tal entities receiving subsidy
CASES:
In Guevara v. Gimenez, 6 SCRA 813, the function
of COA was held to be "limited to a determination
of whether there is a law appropriating funds for a
given purpose; whether a contract, made by the
proper officer, has been entered into in conformity
with said appropriation law; whether the goods or
services covered by said contract have been
delivered or rendered in pursuance of the provisions
thereof, x x x ; whether payment therefor has been
authorized by the officials of the corresponding
department or bureau." Such definition of function
is expanded under the 1987 Constitution. Thus
in CALTEX Phil. V. COA, 5/8/92, the SC ruled
that the power has been expanded to include
disallowance of �irregular, unnecessary, excessive,
extravagant or unconscionable expenditures�.
Including the authority to suspend payment if there
is overpricing. Sambeli v. Prov. Of Isabela.
6/18/92;
Or not to authorize payment if in the absence of
public bidding as required by law. COA has also
the authority to interpret was is �public bidding�
and what constitutes a �failure of public bidding�.
Danville Maritime Inc. V. COA, 7/28/89
Under Commonwealth Act No. 327, as amended by
Presidential Decree No. 1445, money claims against
the government shall be filed before the COA.
BUT COA has no authority to pass upon
unliquidated claims (such as quantum meruit basis)
which is justiciable question and which can be
settled by application of judgment and discretion
and CANNOT be adjusted by mere arithmetical
process. F.F. Manacop Construction Inc. v. CA,
266 SCRA 235
44
The power to audit government agencies is
NOT EXCLUSIVE power of COA. DBP v.
COA, 373 SCRA 356.
Failure to act within 60 days, does not result
to automatic approval of the claim. Pacete
v. Acting Chairman of COA, 185 SCRA 1
Section 3. No law shall be passed
exempting any entity of the Government or
its subsidiary in any guise whatever, or any
investment of public funds, from the
jurisdiction of the Commission on Audit.
Section 4. The Commission shall submit
to the President and the Congress, within
the time fixed by law, an annual report
covering the financial condition and
operation of the Government, its
subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations, and non-
governmental entities subject to its audit,
and recommend measures necessary to
improve their effectiveness and efficiency. It
shall submit such other reports as may be
required by law.
ARTICLE X- Local
Government
General Provisions
Section 1. The territorial and political
subdivisions of the Republic of the Philippines are
the provinces, cities, municipalities, and barangays.
There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter
provided.
THE PROVINCE OF NORTH COTABATO vs.
THE GOVERNMENT OF THE REPUBLIC OF
THE PHILIPPINES PEACE PANEL ON
ANCESTRAL DOMAIN (GRP),G.R. No.
183591, October 14, 2008.
Section 2. The territorial and political
subdivisions shall enjoy local autonomy.
Section 3. The Congress shall enact a local
government code which shall provide for a more
responsive and accountable local government
structure instituted through a system of
decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among
the different local government units their powers,
responsibilities, and resources, and provide for the
qualifications, election, appointment and removal,
term, salaries, powers and functions and duties of
local officials, and all other matters relating to the
organization and operation of local units.
Power to create local governments is legislative in
character.
Congress has delegated (under Secs 385 & 386,
RA 7160) to provincial boards, and city and
municipal councils, the power to create barangays
within their jurisdiction,
BUT the power to create provinces and cities
belongs to Congress as their creation involves
creation of legislative districts.
SEMA vs. COMELEC, G.R. No. 177597, July
16, 2008-
Meaning of autonomy
45
-decentralization of administration NOT
delegation or decentralization of power
Decentralization of administration
retention of 10% of the IRA contrary
to local autonomy -Pimentel vs.
Aguirre, 336 SCRA 201
Dept. of Budget cannot set of a limit to the
statutoryauthority of local governments to
grant allowances to judges. Dadole vs.
COA, 178 SCAD 262 [Dec. 2002]
Example:
1. When the law requires
recommendation of nominees for the
position of Prov. Budger Officer from
the local government head (Governor),
the appointing authority cannot
appoint someone not passing thru the
recommendation of the local
government head. (San juan v. CSC,
4/19/91)
The SC may intervene in the dismissal of the
Speaker of the Sangguniang Pampook of
Region XII. The autonomous regions are not
meant to be "self immolation". Where due
process is not observed, the action of the
autonomous region is invalid. (Limbona v.
Conte Mangelin, 170 SCRA 786 [1989])
RECALL
a. Requirements of recall under LGC of
1991 (Secs. 69 to 75)
-by whom exercised.
- registered voters (vote required varies)
-written petition
-Election recall
-incumbent automatically a candidate and
cannot resign
-effective upon proclamation of the
winner
-once during the incumbent's term
-no recall within one year from
assumption of office or one year
before a regular local election
Cases:
Malonzo v. Comelec, 3/19/97
Section 4. The President of the Philippines shall
exercise general supervision over local
governments. Provinces with respect to component
cities and municipalities, and cities and
municipalities with respect to component
barangays shall ensure that the acts of their
component units are within the scope of their
prescribed powers and functions.
Meaning of Power of Supervision
Cases:
Mondano v. Silvosa, 97 Phil 143
Ganzon v. CA, 8/5/91;
A basic feature of local fiscal autonomy is the
automatic release of the shares of LGUs in the national
internal revenue. This is mandated by no less than the
Constitution. The Local Government Code specifies
further that the release shall be made directly to the
LGU concerned within five (5) days after every quarter
of the year and �shall not be subject to any lien or
holdback that may be imposed by the national
government for whatever purpose.� [Pimentel, Jr. vs.
Aguirre, 336 SCRA 201(2000)]
The power of the Sec. Of Justice under Sec. 187
of the LGC to set aside a tax ordinance illegal or
unconstitutional does not amount to control.
Drilon v. Lim, 8/4/94
The power of the President does not include the
power (thru the DILG Sec. ) to set aside/annul
elections of Barangay Federations as this would
amount to control. Taule v. Sec. Of Local
Government, 8/12/91
Section 5. Each local government unit shall have
the power to create its own sources of revenues and
to levy taxes, fees, and charges subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.
46
Section 6. Local government units shall
have a just share, as determined by law, in
the national taxes, which shall be
automatically released to them.
Section 7. Local governments shall be
entitled to an equitable share in the
proceeds of the utilization and development
of the national wealth within their
respective areas, in the manner provided by
law, including sharing the same with the
inhabitants by way of direct benefits.
Power to tax by LGU
Cases:
Basco v. PAGCOR, 197 SCRA 52
[1991]; Phil. Petroleum v. Mun. Of
Pililla, 198 SCRA 82 [1991]
Other sources of revenue
a. Just share in the national taxes (Sec. 6)
holding back of 10% of IRA-PIMENTEL vs.
AGUIRRE, 336 SCRA 201
b. Equitable share in the proceeds of
utilization and development national
wealth within the area (Sec. 7)
ALTERNATIVE CENTER FOR
ORGANIZATIONAL REFORMS AND
DEVELOPMENT, INC. (ACORD), et al.
vs. HON. RONALDO ZAMORA, G.R.
No. 144256, June 8, 2005
Oversight committee�s control over releases
of IRA-THE PROVINCE OF
BATANGAS vs. HON. ALBERTO G.
ROMULO, G.R. No. 152774, May 27,
2004
Section 8. The term of office of elective
local officials, except barangay officials,
which shall be determined by law, shall be
three years and no such official shall serve
for more than three consecutive terms.
Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of his service for the
full term for which he was elected.
TERM- �It is not competent for the legislature to
extend the term of officers by providing that they
shall hold over until their successors are elected and
qualified where the constitution has in effect or by
clear implication prescribed the term and when the
Constitution fixes the day on which the official term
shall begin, there is no legislative authority to
continue the office beyond that period, even though
the successors fail to qualify within the time.
OSMENA V. COMELEC, 1199 SCRA 750, 758
991
� For BARANGAYS-Congress has plenary
authority under the Constitution to
determine by legislation not only the
duration of the term of barangay officials,
but also the application to them of a
consecutive term limit. [Comelec vs. Cruz,
605 SCRA 167(2009)]
TERM LIMITS does not apply if:
� Term acquired by SUCCESSION; not
elected for the office and term-Borja v.
Commission on Elections, 260 SCRA 604
(1996).
� ELECTION INVALIDATED-Lonzanida v.
Commission on Elections, G.R. No.
135150, July 28, 1999, 311 SCRA 602-presented the question of whether the
disqualification on the basis of the three-term limit applies if the election of
the
public official (to be strictly accurate, the
proclamation as winner of the public
official) for his supposedly third term had
been declared invalid in a final and
executory judgment.
UNLESS FULLY SERVED THE TERMS:
47
� Ong v. Alegre, 479 SCRA 473
(2006) and Rivera v. COMELEC,
523 SCRA 41 (2007)-like
Lonzanida, also involved the issue of
whether there had been a completed
term for purposes of the three-term
limit disqualification. These cases,
however, presented an interesting
twist, as their final judgments in the
electoral contest came after the term
of the contested office had expired so
that the elective officials in these
cases were never effectively
unseated.
PROHIBITED ELECTION MUST BE
IMMEDIATE, not a RECALL ELECTION:
� Adormeo v. Commission on
Elections, 376 SCRA 90 (2002)
dealt with the effect of recall; on the
three-term limit disqualification. The
case presented the question of
whether the disqualification applies
if the official lost in the regular
election for the supposed third term,
but was elected in a recall election
covering that term; the official was
not elected for three (3) consecutive
terms. The Court reasoned out that
for nearly two years, the official was
a private citizen; hence, the
continuity of his mayorship was
disrupted by his defeat in the
election for the third term. Socrates
v. Commission on Elections,391
SCRA 457 (2002) also tackled
recall.... Any subsequent election,
like a recall election, is no longer
covered by the prohibition for two
reasons. First, a subsequent election
like a recall election is no longer an
immediate reelection after three
consecutive terms. Second, the
intervening period constitutes an
involuntary interruption in the
continuity of service�..A recall
election mid-way in the term
following the third consecutive term
is a subsequent election but not an
immediate reelection after the third term.
TERM LIMITATION NOT AFFECTED BY
CONVERSION OF THE LOCAL GOVERNMENT
� Latasa v. Commission on Elections, 417
SCRA 601 (2003) presented the novel
question of whether a municipal mayor who
had fully served for three consecutive terms
could run as city mayor in light of the
intervening conversion of the municipality
into a city. During the third term, the
municipality was converted into a city; the
cityhood charter provided that the elective
officials of the municipality shall, in a
holdover capacity, continue to exercise their
powers and functions until elections were
held for the new city officials. The Court
ruled that the conversion of the municipality
into a city did not convert the office of the
municipal mayor into a local government
post different from the office of the city
mayor�the territorial jurisdiction of the
city was the same as that of the
municipality; the inhabitants were the same
group of voters who elected the municipal
mayor for 3 consecutive terms; and they
were the same inhabitants over whom the
municipal mayor held power and authority
as their chief executive for nine years.
INVOLUNTARY INTERRUPTION OF
SERVICE- BY SUCCESSION
� In Montebon v. Commission on Elections,
551 SCRA 50 (2008)-where the highest-ranking municipal councilor succeeded to
the position of vice-mayor by operation of
law. �.an interruption had intervened so
that he could again run as councilor.
INTERRUPTION MUST RESULT TO LOSS OF
OFFICE, not merely the right to serve- such as
preventive suspension not an interruption
Aldovino, Jr. vs. Commission on Elections, 609
SCRA 234(2009)
48
Section 9. Legislative bodies of local
governments shall have sectoral
representation as may be prescribed by law.
�as may be prescribed by law� may refer
to existing law. Supangan v. Santos,
8/24/90Note : BP 337, the local
government code then existing applies.
Section 10. No province, city,
municipality, or barangay may be created,
divided, merged, abolished, or its boundary
substantially altered, except in accordance
with the criteria established in the local
government code and subject to approval by
a majority of the votes cast in a plebiscite in
the political units directly affected.
Meaning of �units directly affected�
BP 885 creating the new province of Negros
del Norte . Tan v. Comelec, 142 SCRA 727
(1986) The deletion of the �unit or � under
the 1987 Constitution did not change the
meaning. Padilla Jr. V. Comelec, 10/19/92
R.A. No. 9009, and, by necessity, the LGC,
were amended, not by repeal but by way of
the express exemptions being embodied in
the exemption clauses.League of Cities of
the Philippines vs. Commission on
Elections, 648 SCRA 344(2011)
population or territorial requirement.
Navarro vs. Ermita, 620 SCRA 529(2010)
No need of plebiscite in the creation of
district or re-districting. BAGABUYO vs.
COMELEC, G.R. No. 176970, December
8, 2008
Section 11. The Congress may, by law,
create special metropolitan political
subdivisions, subject to a plebiscite as set
forth in Section 10 hereof. The component
cities and municipalities shall retain their
basic autonomy and shall be entitled to their
own local executives and legislative assemblies.
The jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic
services requiring coordination.
MMDA not the same as Metropolitan Authority
possessing delegated police power. MMDA vs.
BEL-AIR VILLAGE ASSOCIATION, INC., 328
SCRA 836
The authority of the President to order (EO ultra
vires)the implementation of the Project
notwithstanding, the designation of the MMDA as
the implementing agency for the Project may not be
sustained. It is ultra vires, there being no legal basis
therefor. MMDA vs. Viron Transportation Co.,
Inc., 530 SCRA 341(2007)
Section 12. Cities that are highly urbanized, as
determined by law, and component cities whose
charters prohibit their voters from voting for
provincial elective officials, shall be independent of
the province. The voters of component cities within
a province, whose charters contain no such
prohibition, shall not be deprived of their right to
vote for elective provincial officials.
A registered voter in a component city, but whose
charter prohibits its voters from participating in
the elections for provincial office is incapacitated
to run for any provincial elective office. (Abella
v. Comelec, 9/3/91)
Section 13. Local government units may group
themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them in accordance with law.
Section 14. The President shall provide for
regional development councils and other similar
bodies composed of local government officials,
regional heads of departments and other
government offices, and representatives from non-governmental organizations within
the region for
purposes of administrative decentralization to
strengthen the autonomy of the units therein and to
49
accelerate the economic and social growth
and development of the units in the region.
1 Autonomous Region
Section 15. There shall be created
autonomous regions in Muslim Mindanao
and in the Cordilleras consisting of
provinces, cities, municipalities, and
geographical areas sharing common and
distinctive historical and cultural heritage,
economic and social structures, and other
relevant characteristics within the
framework of this Constitution and the
national sovereignty as well as territorial
integrity of the Republic of the Philippines.
Section 16. The President shall exercise
general supervision over autonomous
regions to ensure that the laws are faithfully
executed.
Section 17. All powers, functions, and
responsibilities not granted by this
Constitution or by law to the autonomous
regions shall be vested in the National
Government.
Section 18. The Congress shall enact an
organic act for each autonomous region
with the assistance and participation of the
regional consultative commission composed
of representatives appointed by the
President from a list of nominees from
multisectoral bodies. The organic act shall
define the basic structure of government
from the region consisting of the executive
department and legislative assembly, both of
which shall be reflective and representative
of the constituent political units. The
organic acts shall likewise provide for
special courts with personal, family, and
property law jurisdiction consistent with the
provisions of this Constitution and national
laws.
The creation of the autonomous region shall be
effective when approved by majority of the votes
cast by the constituent units in a plebiscite called
for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in
such plebiscite shall be included in the autonomous
region.
Section 19. The first Congress elected under this
Constitution shall, within eighteen months from the
time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
Section 20. Within its territorial jurisdiction and
subject to the provisions of this Constitution and
national laws, the organic act of autonomous
regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning
development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural
heritage; and
(9) Such other matters as may be authorized by
law for the promotion of the general welfare of the
people of the region.
Self-determination refers to the need for a political
structure that will respect the autonomous peoples�
uniqueness and grant them sufficient room for self-expression and self-
construction. [Disomangcop vs.
Datumanong, 444 SCRA 203(2004)]
Autonomous regions may be empowered to create
municipalities and barangays BUT not provinces
and cities
Section 19, Article VI of RA 9054, insofar as it
grants to the ARMM Regional Assembly the power
to create provinces and cities, is void for being
contrary to Section 5 of Article VI and Section 20
of Article X of the Constitution, as well as Section 3
of the Ordinance appended to the Constitution. Only
50
Congress can create provinces and cities
because the creation of provinces and cities
necessarily includes the creation of
legislative districts, a power only Congress
can exercise under Section 5, Article VI of
the Constitution and Section 3 of the
Ordinance appended to the Constitution.
��. Thus, we declare VOID Muslim
Mindanao Autonomy Act No. 201 creating
the Province of Shariff Kabunsuan. [Sema
vs. Commission on Elections, 558 SCRA
700(2008)]
� no autonomous region with one
province only (Ordillo v. Comelec,
12/4/90)
� tribal courts created under Exec
Order 220-do not legally exist with
the rejection of the organic act for
cordillera (Badua v. CBA, 2/14/91)
THE PROVINCE OF NORTH
COTABATO vs. THE GOVERNMENT
OF THE REPUBLIC OF THE
PHILIPPINES PEACE PANEL ON
ANCESTRAL DOMAIN (GRP),G.R. No.
183591, October 14, 2008
Section 21. The preservation of peace and
order within the regions shall be the
responsibility of the local police agencies
which shall be organized, maintained,
supervised, and utilized in accordance with
applicable laws. The defense and security of
the regions shall be the responsibility of the
National Government.
ACCOUNTABILITY OF
PUBLIC OFFICERS- ART
XI
Section 1. Public office is a public trust.
Public officers and employees must at all
times be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.
Section 2. The President, Vice-President, the
Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All
other public officers and employees may be
removed from office as provided by law, but not by
impeachment.
IMPEACHMENT
Nature & Officials covered
Grounds
Culpable violation of the Constitution, Treason,
Bribery, Graft and Corruption Other high crimes-(serious and enormous a nature as
to strike at the
very life or the orderly workings of the
government), Betrayal of Public Trust (betrayal of
public interest, inexcusable negligence of duty,
tyrannical abuse of power, breach of official duty
by malfeasance or misfeasance, cronyism,
favoritism, etc. to the prejudice of public interest
and which tend to bring the office into disrepute,
including obstruction of justice. (Concom II Record,
p. 272, 286)
Section 3. (1) The House of Representatives
shall have the exclusive power to initiate all cases
of impeachment.
(2) A verified complaint may be filed by
any Member of the House of Representatives or by
any citizen upon a resolution of endorsement by any
Member thereof, which shall be included in the
Order of Business within ten session days, and
referred to the proper Committee within three
session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members,
shall submit its report to the House within sixty
session days from such referral, together with the
corresponding resolution. The resolution shall be
51
calendared for consideration by the House
within ten session days from receipt thereof.
(3) A vote of at least one-third of all
the Members of the House shall be
necessary either to affirm a favorable
resolution with the Articles of Impeachment
of the Committee, or override its contrary
resolution. The vote of each Member shall
be recorded.
(4) In case the verified complaint or
resolution of impeachment is filed by at
least one-third of all the Members of the
House, the same shall constitute the Articles
of Impeachment, and trial by the Senate
shall forthwith proceed.
(5) No impeachment proceedings shall
be initiated against the same official more
than once within a period of one year.
(6) The Senate shall have the sole
power to try and decide all cases of
impeachment. When sitting for that purpose,
the Senators shall be on oath or affirmation.
When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person
shall be convicted without the concurrence
of two-thirds of all the Members of the
Senate.
(7) Judgment in cases of impeachment
shall not extend further than removal from
office and disqualification to hold any office
under the Republic of the Philippines, but
the party convicted shall nevertheless be
liable and subject to prosecution, trial, and
punishment according to law.
(8) The Congress shall promulgate its
rules on impeachment to effectively carry
out the purpose of this section.
Impeachment is deemed initiated by referral
of the impeachment complaint to the
appropriate house committee. Francisco v.
HOUSE OF REP., GR 160261, 11/10/03-; two
complaints referred to the same charges, considered
as one complaint.(Gutierrez v. House of Rep.
Committee on Justice, GR No. 193459 , 2/15/01
Lossof immunity of a non-sitting President
Estrada v. Desierto, 352 SCRA 452 (2001)
Section 4. The present anti-graft court known as
the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be
provided by law.
Sandigan- constitutionally mandated but a
statutory court.(Nunez v. Sandigan, 111
SCRA 442 (1982)
Jurisdiction- (under Sec. 4, PD 1606)
Section 5. There is hereby created the
independent Office of the Ombudsman, composed
of the Ombudsman to be known as Tanodbayan,
one overall Deputy, and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate
Deputy for the military establishment may likewise
be appointed.
Section 6. The officials and employees of the
Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman according to
the Civil Service Law.
Section 7. The existing Tanodbayan shall
hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be
provided by law, except those conferred on the
Office of the Ombudsman created under this
Constitution.
Special Prosecutor
� (formerly- Tanodbayan)- limited to graft
and corruption cases; may prosecute judges
before Sandigan (Orap v. Sandigan, 139
SCRA 252); BUT a subordinate of the
52
ombudsman (Zaldivar v. Gonzales, 160
SCRA 843)
Section 8. The Ombudsman and his
Deputies shall be natural-born citizens of
the Philippines, and at the time of their
appointment, at least forty years old, of
recognized probity and independence, and
members of the Philippine Bar, and must
not have been candidates for any elective
office in the immediately preceding election.
The Ombudsman must have for ten years or
more been a judge or engaged in the
practice of law in the Philippines.
During their tenure, they shall be subject to
the same disqualifications and prohibitions
as provided for in Section 2 of Article IX-A
of this Constitution.
Section 9. The Ombudsman and his
Deputies shall be appointed by the
President from a list of at least six nominees
prepared by the Judicial and Bar Council,
and from a list of three nominees for every
vacancy thereafter. Such appointments shall
require no confirmation. All vacancies shall
be filled within three months after they
occur.
Section 10. The Ombudsman and his
Deputies shall have the rank of Chairman
and Members, respectively, of the
Constitutional Commissions, and they shall
receive the same salary, which shall not be
decreased during their term of office.
Section 11. The Ombudsman and his
Deputies shall serve for a term of seven
years without reappointment. They shall not
be qualified to run for any office in the
election immediately succeeding their
cessation from office.
� Unique disqualification to run for
elective office in the election
immediate succeeding cessation of
office.
Section 12. The Ombudsman and his Deputies, as
protectors of the people, shall act promptly on
complaints filed in any form or manner against
public officials or employees of the Government, or
any agency, subdivision or instrumentality thereof,
including government-owned or controlled
corporations, and shall, in appropriate cases, notify
the complainants of the actions taken and the result
thereof.
� Protector of the people
� Power to act on a complaint in any form
(including unsigned) authorized by the
Constitution and does not violate the equal
protection clause. Valmonte v. Vasquez,
244 SCRA 286.
Section 13. The Office of the Ombudsman shall
have the following powers, functions, and duties :
(1) Investigate on its own, or on complaint by
any person, any act or omission of any public
official, employee, office or agency, when such act
or omission appears to be illegal, unjust,
improper, or inefficient.
(2) Direct, upon complaint or at its own
instance, any public official or employee of the
Government, or any subdivision, agency or
instrumentality thereof, as well as of any
government-owned or controlled corporation with
original charter, to perform and expedite any act or
duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the
performance of duties.
(3) Direct the officer concerned to take
appropriate action against a public official or
employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith.
(4) Direct the officer concerned, in any
appropriate case, and subject to such limitations as
may be provided by law, to furnish it with copies of
documents relating to contracts and transactions
entered into by his office involving the
53
disbursement or use of public funds or
properties, and report any irregularity to
the Commission on Audit for appropriate
action.
(5) Request any government agency
for assistance and information necessary in
the discharge of its responsibilities, and to
examine, if necessary, pertinent records and
documents.
(6) Publicize matters covered by its
investigation when circumstances so
warrant and with due prudence.
(7) Determine the causes of
inefficiency, red tape, mismanagement,
fraud, and corruption in the Government
and make recommendations for their
elimination and the observance of high
standards of ethics and efficiency.
(8) Promulgate its rules and procedure
and exercise such other powers or perform
such functions or duties as may be provided
by law.
Section 14. The Office of the Ombudsman
shall enjoy fiscal autonomy. Its approved
annual appropriations shall be
automatically and regularly released.
OMBUDSMAN- CONSTITUTIONAL OFFICE
Constitutional administrative power of
investigation
� act is illegal, unjust, improper or
inefficient.
e.g. Murder is illegal-Deloso v.
Domingo, 191 SCRA 545 (1990)
� scope - concurrent with the Power of
the Pres. (Hagad v. Dadole,
12/12/95);
RA 6670 (Ombudsman Act of 1989)
� Granting prosecutorial functions to the
Ombudsman, pursuant to par. 8 of Sec. 13,
Art. XI. Acop v. Ombudsman, 248 SCRA
566; Camanag v. Guerrero, 2/17/97;
� Investigative power is primary(may take
over such investigation anytime) if offense
falls under the exclusive jurisdiction of the
sandiganbayan, BUT IS NOT EXCLUSIVE.
HONASAN vs. DOJ Panel etc. GR No.
159747, 4/13/04
� the claim of confidentiality will not bar the
power of the ombudsman for production of
documents, and even if truly confidential,
inspection could be done in camera.
Almonte v. Vasquez, 5/22/95. Under Bank
Secrecy Law however, in camera inspection
may be allowed ony if : 1) there is a pending
case ; 2) account is identified ; 3) inspection
limited to the subject matter of the case ; 4)
bank personnel and account holder are
notified ; 5) inspection limited to the
identified account. Marquez v.
Ombudsman, 6/27/01
� Under RA 6770 and the 1987 Constitution,
the Ombudsman has the constitutional
power to directly remove from government
service an erring public official, other than a
member of Congress and the Judiciary (&
also impeachable officers) Estarija v.
Ranada, G.R. No. 159314, 26 June 2006,
� Investigatorialpowers of the Ombudsman,
not ordinarily subject to review by the SC-LOQUIAS vs. Ombudsman, 338 SCRA
62
� May exercise the power of contempt in the
conduct of preliminary investigation which
quasi-judicial in character. Lastimosa v.
Vasquez, 243 SCRA 497.
Section 15. The right of the State to recover
properties unlawfully acquired by public officials
54
and employees, from them or from their
nominees or transferees, shall not be barred
by prescription, laches, or estoppel.
Imprescriptibility does not apply to criminal
cases. (Pres. Ad Hoc Fact=finding
Committee on Behest Loans, et al., v.
Desierto, et al., GR No. 130140 , Oct. 25,
1999)
Section 16. No loan, guaranty, or other
form of financial accommodation for any
business purpose may be granted, directly
or indirectly, by any government-owned or
controlled bank or financial institution to
the President, the Vice-President, the
Members of the Cabinet, the Congress, the
Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any
firm or entity in which they have controlling
interest, during their tenure.
Section 17. A public officer or employee
shall, upon assumption of office and as often
thereafter as may be required by law,
submit a declaration under oath of his
assets, liabilities, and net worth. In the case
of the President, the Vice-President, the
Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional
Commissions and other constitutional
offices, and officers of the armed forces with
general or flag rank, the declaration shall
be disclosed to the public in the manner
provided by law.
Section 18. Public officers and employees
owe the State and this Constitution
allegiance at all times, and any public
officer or employee who seeks to change his
citizenship or acquire the status of an
immigrant of another country during his
tenure shall be dealt with by law.
ARTICLE XII
National Economy and Patrimony
Section 1. The goals of the national
economy are a more equitable distribution of
opportunities, income, and wealth; a sustained
increase in the amount of goods and services
produced by the nation for the benefit of the
people; and an expanding productivity as the
key raising the quality of life for all, especially
the underprivileged.
The State shall promote industrialization and
full employment based on sound agricultural
development and agrarian reform, through
industries that make full and efficient use of
human and natural resources, and which are
competitive in both domestic and foreign
markets. However, the State shall protect
Filipino enterprises against unfair foreign
competition and trade practices.
In the pursuit of these goals, all sectors of the
economy and all regions of the country shall be
given optimum opportunity to develop. Private
enterprises, including corporations,
cooperatives, and similar collective
organizations, shall be encouraged to broaden
the base of their ownership.
Questions:
What are the goals of the national economy?
What is thrust of the state insofar as
industrialization is concerned?
Section 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated. The exploration,
development, and utilization of natural resources
shall be under the full control and supervision of
the State. The State may directly undertake such
activities, or it may enter into co-production, joint
venture, or production-sharing agreements with
55
Filipino citizens, or corporations or
associations at least sixty per centum of
whose capital is owned by such citizens.
Such agreements may be for a period not
exceeding twenty-five years, renewable for
not more than twenty-five years, and under
such terms and conditions as may be
provided by law. In cases of water rights for
irrigation, water supply, fisheries, or
industrial uses other than the development
of water power, beneficial use may be the
measure and limit of the grant.
The State shall protect the nation's
marine wealth in its archipelagic waters,
territorial sea, and exclusive economic
zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow
small-scale utilization of natural resources
by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes,
bays, and lagoons.
The President may enter into
agreements with foreign-owned
corporations involving either technical of
financial assistance for large-scale
exploration, development, and utilization
of minerals, petroleum, and other mineral
oils according to the general terms and
conditions provided by law, based on real
contributions to the economic growth and
general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific and
technical resources.
The President shall notify the Congress
of every contract entered into in accordance
with this provision, within thirty days from
its execution.
Imperium and dominium.
Imperium is the power of the government in the
concept of sovereignty. Dominiumon the other
hand is the capacity of the state to own or acquire
property.
Jura regalia, a feudalistic theory that makes all
lands, unless ownership has been granted to private
persons or entities, belong to the Crown. Later on
as the form of governments has changed from
monarchial to republican, ownership of such lands
has been vested in the State. The first sentence of
Section 2 enunciates the theory.
� Carino v. Insular Government, 41 Phil.
935 (1909)
Exploration, development and utilization of
natural resources
Full control and supervision of the state over
natural resources. (see �
The word �involving� does not limit service
agreements to technical and financial. La Bugal-B'Laan Tribal Association, Inc. v.
Ramos, 445
SCRA 1 (2004)
Section 3. Lands of the public domain are
classified into agricultural, forest or timber,
mineral lands, and national parks. Agricultural
lands of the public domain may be further classified
by law according to the uses which they may be
devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private
corporations or associations may not hold such
alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and
not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than
five hundred hectares, or acquire not more than
twelve hectares thereof by purchase, homestead, or
grant.
Taking into account the requirements of
conservation, ecology, and development, and
subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
56
developed, held, or leased and the
conditions therefor.
Limitations on area of lease or
acquisitions
1935 Constitution-
144 hectares by purchase
24 hectares by homestead
1973
24 hectares by purchase or homestead
1987
500 hectares by lease (citizens); 1,000has.
By corporations
12 hectares by purchase, homestead or grant
(citizens)
May a law further decrease the allowable
limits? YES. See Par. 2 of Sec. 3.
PROBLEM: Public Estate Authority, a
government owned and controlled
corporation, pursuant to its legislative
authority, reclaimed hundreds of hectares
of Manila Bay. May such lands be sold to
private corporations and individuals?
Answer: If classified as alienable, such
lands may be sold to individuals, but not to
private corporations. Sale to the latter
would violate constitution. Chavez vs. PEA,
AMARI, 170 SCAD 323, 7/9/02
Section 4. The Congress shall, as soon as
possible, determine by law the specific
limits of forest lands and national parks,
marking clearly their boundaries on the
ground. Thereafter, such forest lands and
national parks shall be conserved and may
not be increased nor diminished, except by
law. The Congress shall provide, for such
period as it may determine, measures to
prohibit logging in endangered forests and
watershed areas.
Section 5. The State, subject to the provisions of
this Constitution and national development policies
and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights and
relations in determining the ownership and extent
of ancestral domain.
Section 6. The use of property bears a social
function, and all economic agents shall contribute
to the common good. Individuals and private
groups, including corporations, cooperatives, and
similar collective organizations, shall have the
right to own, establish, and operate economic
enterprises, subject to the duty of the State to
promote distributive justice and to intervene when
the common good so demands.
This section manifests the rejection of the Laissez
Faire as an economic principle. The state may
intervene when the common good demands. Just
like in the operation of cooperatives (LUELCO vs.
Judge Yaranon, 12/4/89)
Section 7. Save in cases of hereditary
succession, no private lands shall be
transferred or conveyed except to individuals,
corporations, or associations qualified to
acquire or hold lands of the public domain.
Section 8. Notwithstanding the provisions of
Section 7 of this Article, a natural-born citizen
of the Philippines who has lost its Philippine
citizenship may be a transferee of private
lands, subject to limitations provided by law.
NOTES:
1) Private lands include lands owned by the State
or its subdivisions in patrimonial capacity.
57
2) Only those qualified to acquire or hold
lands of the public domain may acquire
private lands.
3) Since aliens (individual or juridical)
cannot hold or acquire alienable lands
of the public domain, they cannot
acquire private lands. They (aliens)
may however hold private lands by
lease.
a) Transfers in violation of this policy
shall be void. If the parties are in pari
delicto, the law shall leave where they
are and the court will not grant relief in
case of suits for recovery. (Rellosa v.
Gaw Chee Hun, 93 Phil, 827 [1953]);
b) BUT the in pari delictorule will not be
applied if setting aside the contract will
enhance the policy of preserving the
lands to Filipinos; A lease for 99 years
is a virtual surrender of all rights
incidents to ownership, and not valid.
(Philbanking vs. Lui She, 21 SCRA 52
[1967]);
c) Especially where the land has come to
the hands of a qualified transferee.
(Barsobia v. Cuenco, 113 SCRA 547
[1982])
4) Exceptions:
a) Aliens may acquire lands by hereditary
succession, that is- by intestate
succession, but not by testamentary
succession.(Ramirez v. Vda. De
Ramirez, 111 SCRA 704)
Under RA 8179 (now section 10 of RA
7042-Foreign Investment Act of 1991)
former natural-born citizens are allowed
to be transferees of private lands with
the following limits: 5,000- sq.m. of
urban land, or 3 hectares for rural
lands. For urban lands, the purpose
may be for business or other
purposes. However, ownership of urban land
precludes acquisition of rural land or vice
versa, and ownership is limited to TWO
PARCELS which should not be located in
the same municipality or city.
Section 9. The Congress may establish an
independent economic and planning agency headed
by the President, which shall, after consultations
with the appropriate public agencies, various
public sectors, and local government units,
recommend to Congress, and implement continuing
integrated and coordinated programs and policies
for national development.
Until the Congress provides otherwise, the
National Economic and Development Authority
shall function as the independent planning agency
of the government.
Section 10. The Congress shall, upon
recommendation of the economic and planning
agency, when the national interest dictates, reserve
to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose
capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain
areas of investments. The Congress shall enact
measures that will encourage the formation and
operation of enterprises whose capital is wholly
owned by Filipinos.
In the grant of rights, privileges, and concessions
covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority
over foreign investments within its national
jurisdiction and in accordance with its national
goals and priorities.
NOTES:
1) Filipinization of certain investment areas does
not violate the equal protection clause(Ichong v.
Hernandez, 101 Phil. 1155 [1957]) Take note that
the Retail Trade Nationalization law has been
58
amended to allow the entry of highly
capitalized retailers.
2) SEE Foreign Investment Act (RA 7042)
3) Manila Hotel v. GSIS, 2/3/97-upholding the Filipino first policy
Section 11. No franchise, certificate, or
any other form of authorization for the
operation of a public utility shall be granted
except to citizens of the Philippines or to
corporations or associations organized
under the laws of the Philippines at least
sixty per centum of whosecapitalis owned
by such citizens, nor shall such franchise,
certificate, or authorization be exclusive in
character or for a longer period than fifty
years. Neither shall any such franchise or
right be granted except under the condition
that it shall be subject to amendment,
alteration, or repeal by the Congress when
the common good so requires. The State
shall encourage equity participation in
public utilities by the general public. The
participation of foreign investors in the
governing body of any public utility
enterprise shall be limited to their
proportionate share in its capital, and all
the executive and managing officersof such
corporation or association must be citizens
of the Philippines.
NOTES:
Grant of franchise cannot be exclusive in
character. Republic v. Extelcom, 373
SCRA 316; TAWANG MULTI-PURPOSE COOP vs. LTWD, 646 SCRA
21
1) The authority to grant franchises to
public utilities belong to Congress, but it
may delegate to administrative agencies the
power to grant licenses or to authorize
operation of certain public utilities (e.g.
LTFRB under EO No. 202)
2) The franchise to operate a public utility must be
distinguished from ownership of the facilities.
(Tatad vs. Garcia, Jr. 4/6/95)
3) �Capital� refers to voting stock- GAMBOA v.
TEVES, 652 SCRA 690[2011]
Section 12. The State shall promote the
preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt
measures that help them competitive.
NOTES:
1) Filipino first policy
Section 13. The State shall pursue a trade policy
that serves the general welfare and utilizes all
forms and arrangements of exchange on the basis
of equality and reciprocity.
Section 14. The sustained development of a
reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers,
high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the
State. The State shall encourage appropriate
technology and regulate its transfer for the national
benefit.
The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in cases
prescribed by law.
Practice of profession may, by law, be extended to
aliens.
Section 15. The Congress shall create an agency
to promote the viability and growth of cooperatives
as instruments for social justice and economic
development.
Section 16. The Congress shall not, except by
general law, provide for the formation,
organization, or regulation of private corporations.
59
Government-owned or controlled
corporations may be created or established
by special charters in the interest of the
common good and subject to the test of
economic viability.
Private corporations may only be created by
virtue of a general law.
Section 17. In times of national
emergency, when the public interest so
requires, the State may, during the
emergency and under reasonable terms
prescribed by it, temporarily take over or
direct the operation of any privately owned
public utility or business affected with
public interest.
Section 18. The State may, in the interest
of national welfare or defense, establish and
operate vital industries and, upon payment
of just compensation, transfer to public
ownership utilities and other private
enterprises to be operated by the
Government.
NOTES:
Distinguish takeover under Sec. 17 and 18.
DAVID vs. ARROYO, GR No. 171396
(PP 1017, 1021) National Emergency
Example of business affected with public
interest is banking.
� See interconnection cases.
Section 19. The State shall regulate or
prohibit monopolies when the public
interest so requires. No combinations in
restraint of trade or unfair competition shall
be allowed.
NOTES:
� Monopolies may only be regulated
or prohibited when public interest
so requires, while �combinations in
restraint of trade or unfair competition� is
not allowed.
� Anti-trust provision
Section 20. The Congress shall establish an
independent central monetary authority, the
members of whose governing board must be
natural-born Filipino citizens, of known integrity,
and patriotism, the majority of whom shall come
from the private sector. They shall also be subject
to such other qualifications and disabilities as may
be prescribed by law. The authority shall provide
policy direction in the areas of money, banking, and
credit. It shall have supervision over the operations
of banks and exercise such regulatory powers as
may be provided by law over the operations of
finance companies and other institutions
performing similar functions.
Until the Congress otherwise provides, the Central
Bank of the Philippines, operating under existing
laws, shall function as the central monetary
authority.
Section 21. Foreign loans may only be incurred in
accordance with law and the regulation of the
monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be
made available to the public.
Acts which circumvent or negate any of the
provisions of this Article shall be considered
inimical to the national interest and subject to
criminal and civil sanctions, as may be provided by
law.
ARTICLE XIII
Social Justice and Human Rights
Section 1. The Congress shall give highest
priority to the enactment of measures that protect
and enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
60
equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition
of property and its increments.
Section 2. The promotion of social justice
shall include the commitment to create
economic opportunities based on freedom of
initiative and self-reliance.
Labor
Section 3. The State shall afford full
protection to labor, local and overseas,
organized and unorganized, and promote
full employment and equality of employment
opportunities for all.
� ISAE vs. QUISUMBING, 333
SCRA 13
� SERRANO vs. GALLANT
MARITIME SERVICES, INC.
and MARLOW NAVIGATION
CO., INC., G.R. No. 167614.
March 24, 2009.
It shall guarantee the rights of all workers
to self-organizations, and peaceful
concerted activities, including the right to
strike in accordance with law. They shall be
entitled to security of tenure, humane
conditions of work, and a living wage. They
shall also participate in policy and decision-making processes affecting their
rights and
benefits as may be provided by law.
The State shall promote the principle of
shared responsibility between workers and
employers and the preferential use of
voluntary modes in settling disputes,
including conciliation, and shall enforce
their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
labor to its just share in the fruits of production and
the right of enterprises to reasonable returns on
investments, and to expansion and growth.
PROBLEM: To prevent closure due to losses
arising from strikes, the airline management and
the labor union entered into an agreement to
suspend the CBA for ten years. Some members
of the union questioned the arrangement as
violation of the constitutional guarantee of
protection to labor, right to self organization and
collective bargaining. Decide.
ANSWER: The agreement afforded full protection
to labor and promoted the shared responsibility
between workers and employers, and the employees
exercised voluntary modes in settling dispute,
including conciliation to foster industrial peace.
Rivera v. Espiritu, 374 sCRA 351
Agrarian and Natural Resources Reform
Section 4. The State shall, by law, undertake an
agrarian reform program founded on the right of
farmers and regular farmworkers, who are
landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to
such priorities and reasonable retention limits as
the Congress may prescribe, taking into account
ecological, developmental, or equity
considerations, and subject to the payment of just
compensation. In determining retention limits, the
State shall respect the rights of small landowners.
The State shall further provide incentives for
voluntary land-sharing.
Section 5. The State shall recognize the right of
farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers'
organizations to participate in the planning,
organization, and management of the program, and
61
shall provide support to agriculture through
appropriate technology and research, and
adequate financial, production, marketing,
and other support services.
Section 6. The State shall apply the
principles of agrarian reform or
stewardship, whenever applicable in
accordance with law, in the disposition or
utilization of other natural resources,
including lands of the public domain under
lease or concession suitable to agriculture,
subject to prior rights, homestead rights of
small settlers, and the rights of indigenous
communities to their ancestral lands.
The State may resettle landless farmers
and farmworkers in its own agricultural
estates which shall be distributed to them in
the manner provided by law.
Section 7. The State shall protect the
rights of subsistence fishermen, especially of
local communities, to the preferential use of
local marine and fishing resources, both
inland and offshore. It shall provide support
to such fishermen through appropriate
technology and research, adequate
financial, production, and marketing
assistance, and other services. The State
shall also protect, develop, and conserve
such resources. The protection shall extend
to offshore fishing grounds of subsistence
fishermen against foreign intrusion.
Fishworkers shall receive a just share from
their labor in the utilization of marine and
fishing resources.
Section 8. The State shall provide
incentives to landowners to invest the
proceeds of the agrarian reform program to
promote industrialization, employment
creation, and privatization of public sector
enterprises. Financial instruments used as
payment for their lands shall be honored as
equity in enterprises of their choice.
Agrarian reform
Small Landowners v. Sec., supra
Urban Land Reform and Housing
Section 9. The State shall, by law, and for the
common good, undertake, in cooperation with the
public sector, a continuing program of urban land
reform and housing which will make available at
affordable cost decent housing and basic services
to underprivileged and homeless citizens in urban
centers and resettlement areas. It shall also
promote adequate employment opportunities to
such citizens. In the implementation of such
program the State shall respect the rights of small
property owners.
Section 10. Urban or rural poor dwellers shall
not be evicted nor their dwellings demolished,
except in accordance with law and in a just and
humane manner.
No resettlement of urban and rural dwellers shall
be undertaken without adequate consultation with
them and the communities where they are to be
relocated.
� Urban Development Housing Act-RA
7279
� PD 1517 (pre-emptive right of urban tenant
in an area declared as priority development
area and an urban land reform zone.
Health
Section 11. The State shall adopt an integrated
and comprehensive approach to health
development which shall endeavor to make
essential goods, health and other social services
available to all people at affordable cost. There
shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and
children. The State shall endeavor to provide free
medical care to paupers.
Section 12. The State shall establish and maintain
an effective food and drug regulatory system and
62
undertake appropriate health manpower
development and research, responsive to the
country's health needs and problems.
Section 13. The State shall establish a
special agency for disabled persons for
rehabilitation, self-development and self-reliance, and their integration into the
mainstream of society.
Women
Section 14. The State shall protect
working women by providing safe and
healthful working conditions, taking into
account their maternal functions, and such
facilities and opportunities that will
enhance their welfare and enable them to
realize their full potential in the service of
the nation.
Role and Rights of People's
Organizations
Section 15. The State shall respect the role
of independent people's organizations to
enable the people to pursue and protect,
within the democratic framework, their
legitimate and collective interests and
aspirations through peaceful and lawful
means.
People's organizations are bona fide
associations of citizens with demonstrated
capacity to promote the public interest and
with identifiable leadership, membership,
and structure.
Section 16. The right of the people and
their organizations to effective and
reasonable participation at all levels of
social, political, and economic decision-making shall not be abridged. The State
shall, by law, facilitate the establishment of
adequate consultation mechanisms.
Human Rights
Section 17. (1) There is hereby created an
independent office called Commission on Human
Rights.
(2) The Commission shall be composed of a
Chairman and four Members who must be natural-born citizens of the Philippines and
a majority of
whom shall be members of the Bar. The term of
office and other qualifications and disabilities of
the Members of the Commission shall be provided
by law.
(3) Until this Commission is constituted, the
existing Presidential Committee on Human Rights
shall continue to exercise its present functions and
powers.
(4) The approved annual appropriations of the
Commission shall be automatically and regularly
released.
Section 18. The Commission on Human Rights
shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any
party, all forms of human rights violations
involving civil and political rights;
(2) Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the
protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad,
and provide for preventive measures and legal aid
services to the underprivileged whose human rights
have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons,
or detention facilities;
(5) Establish a continuing program of research,
education, ad information to enhance respect for
the primacy of human rights;
63
(6) Recommend to the Congress effective
measures to promote human rights and to
provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government's
compliance with international treaty
obligations on human rights;
(8) Grant immunity from prosecution to
any person whose testimony or whose
possession of documents or other evidence
is necessary or convenient to determine the
truth in any investigation conducted by it or
under its authority;
(9) Request the assistance of any
department, bureau, office, or agency in the
performance of its functions;
(10) Appoint its officers and employees
in accordance with law; and
(11) Perform such other duties and
functions as may be provided by law.
Section 19. The Congress may provide for
other cases of violations of human rights
that should fall within the authority of the
Commission, taking into account its
recommendations.
� CHREA v. CHR, 7/21/06- limited
fiscal autonomy.
� It has no adjudicatory powers; only
fact finding (Carino v. CHR,
9/2/91)
� Not being a court of justice, cannot
issue writs of injunction or
restraining orders against supposed
violators of human rights. (EPZA v.
CHR, 208 SCRA 125; Simon v.
CHR, 229 SCRA 117)
ARTICLE XIV
Education, Science and Technology, Arts,
Culture, and Sports
Education
Section 1. The State shall protect and promote
the right of all citizens to quality education at all
levels and shall take appropriate steps to make such
education accessible to all.
Section 2. The State shall :
(1) Establish, maintain, and support a complete,
adequate, and integrated system of education
relevant to the needs of the people and society;
(2) Establish and maintain a system of free public
education in the elementary and high school levels.
Without limiting the natural right of parents to rear
their children, elementary education is compulsory
for all children of school age;
(3) Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and other
incentives which shall be available to deserving
students in both public and private schools,
especially to the underprivileged;
(4) Encourage non-formal, informal, and
indigenous learning systems, as well as self-learning, independent, and out-of-
school study
programs particularly those that respond to
community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational
efficiency, and other skills.
Section 3. (1) All educational institutions shall
include the study of the Constitution as part of the
curricula.
(2) They shall inculcate patriotism and
nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national
heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral
character and personal discipline, encourage
critical and creative thinking, broaden scientific
64
and technological knowledge, and promote
vocational efficiency.
(3) At the option expressed in writing by
the parents or guardians, religion shall be
allowed to be taught to their children or
wards in public elementary and high
schoolswithin the regular class hours by
instructors designated or approved by the
religious authorities of the religion to which
the children or wards belong, without
additional cost to the Government.
Section 4. (1) The State recognizes the
complementary roles of public and private
institutions in the educational system and
shall exercise reasonable supervision and
regulation of all educational institutions.
(2) Educational institutions, other than
those established by religious groups and
mission boards, shall be owned solely by
citizens of the Philippines or corporations
or associations at least sixty per centum of
the capital of which is owned by such
citizens. The Congress may, however,
require increased Filipino equity
participation in all educational institutions.
The control and administration of
educational institutions shall be vested in
citizens of the Philippines.
No educational institution shall be
established exclusively for aliens and no
group of aliens shall comprise more than
one-third of the enrollment in any school.
The provisions of this subsection shall not
apply to schools established for foreign
diplomatic personnel and their dependents
and, unless otherwise provided by law, for
other foreign temporary residents.
(3) All revenues and assets of non-stock,
non-profit educational institutions used
actually, directly, and exclusively for
educational purposes shall be exempt from
taxes and duties. Upon the dissolution or
cessation of the corporate existence of such
institutions, their assets shall be disposed of in the
manner provided by law.
Proprietary educational institutions, including
those cooperatively owned, may likewise be entitled
to such exemptions subject to the limitations
provided by law including restrictions on dividends
and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all
grants, endowments, donations, or contributions
used actually, directly, and exclusively for
educational purposes shall be exempt from tax.
Section 5. (1) The State shall take into account
regional and sectoral needs and conditions and
shall encourage local planning in the development
of educational policies and programs.
(2) Academic freedom shall be enjoyed in all
institutions of higher learning.
ACADEMIC FREEDOM
What is academic freedom
Of institutions of Higher Learning- the freedom of
the institution to determine �who may teach; what
may be taught; how it shall be taught; and who may
be admitted to study�-GARCIA v. Faculty of
Admission, Loyola School of Theology, 168
SCRA 277
Right of the UP to retain a faculty member to
retain/promote a faculty member despite having
incurred AWOL over directive of CSC. UP v. CSC,
4/3/01
DECS� Three-year maximum probation rule.
Cagayan Capitol College v. NLRC, 189 SCRA
658
The power to investigate is inherent in academic
freedom.MIRIAM COLLEGE vs. CA, 348 SCRA
265 [12-15-00] �
Institution of higher learning can revoke a degree it
has conferred if obtained fraudulently.UP
65
BOARD OF REGENTS vs. CA., GR
134625, Aug. 31, 1999.
PROBLEM. A university professor in
graduate school gave grades to students
who were given program of self-study
with reading materials and weekly
tutorial meetings, quizzes and term
papers, without requiring them to attend
regular classes. The Board of Regents of
the school approved such method. Is this
allowed? YES. The teaching style of the
professor is part of academic freedom which
clothes him with the widest latitude to
innovate and experiment on the method of
teaching which is most fitting to his students
subject only to the rules and policies of the
university. Camacho v. Coresis, GR
134372, 8/22/02
PRC Resolution prohibiting examinees in
accountancy licensure examinations from
attending review classes, briefing,
conferences, a violation of academic
freedom of schools�Lupangco v. CA, 160
SCRA 848
Academic freedom of students governed by
the due process clause and the bill of rights.
(3) Every citizen has a right to select a
profession or course of study, subject to
fair, reasonable, and equitable admission
and academic requirements.
(4) The State shall enhance the right of
teachers to professional advancement. Non-teaching academic and non-academic
personnel shall enjoy the protection of the
State.
(5) The State shall assign the highest
budgetary priority to educationand ensure
that teaching will attract and retain its
rightful share of the best available talents
through adequate remuneration and other
means of job satisfaction and fulfillment.
Right to Education
� NMAT a valid requirement-Tablarin v.
Gutierez, 154 SCRA 730; and the three(3)-failure rule is also valid. (DECS v. San
Diego, 180 SCRA 534
Highest budgetary allocation
� Merely directory-Guingona v. Carague,
196 SCRA 221; Philconsa v. Enriquez,
supra)
Language
Section 6. The national language of the
Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis of
existing Philippine and other languages.
Subject to provisions of law and as the Congress
may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as a
medium of official communication and as language
of instruction in the educational system.
Section 7. For purposes of communication and
instruction, the official languages of the Philippines
are Filipino and, until otherwise provided by law,
English.
The regional languages are the auxiliary official
languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a
voluntary and optional basis.
Section 8. This Constitution shall be
promulgated in Filipino and English and shall be
translated into major regional languages, Arabic,
and Spanish.
Section 9. The Congress shall establish a
national language commission composed of
representatives of various regions and disciplines
which shall undertake, coordinate, and promote
researches for the development, propagation, and
preservation of Filipino and other languages.
66
Science and technology
Section 10. Science and technology are
essential for national development and
progress. The State shall give priority to
research and development, invention,
innovation, and their utilization; and to
science and technology education, training,
and services. It shall support indigenous,
appropriate, and self-reliant scientific and
technological capabilities, and their
application to the country's productive
systems and national life.
Section 11. The Congress may provide for
incentives, including tax deductions, to
encourage private participation in
programs of basic and applied scientific
research. Scholarships, grants-in-aid, or
other forms of incentives shall be provided
to deserving science students, researchers,
scientists, inventors, technologists, and
specially gifted citizens.
Section 12. The State shall regulate the
transfer and promote the adaptation of
technology from all sources for the national
benefit. It shall encourage the widest
participation of private groups, local
governments, and community-based
organizations in the generation and
utilization of science and technology.
Section 13. The State shall protect and
secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to
their intellectual property and creations,
particularly when beneficial to the people,
for such period as may be provided by law.
Arts and Culture
Section 14. The State shall foster the
preservation, enrichment, and dynamic
evolution of a Filipino national culture
based on the principle of unity in diversity
in a climate of free artistic and intellectual
expression.
Section 15. Arts and letters shall enjoy the
patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and
cultural heritage and resources, as well as artistic
creations.
Section 16. All the country's artistic and historic
wealth constitutes the cultural treasure of the
nation and shall be under the protection of the State
which may regulate its disposition.
Section 17. The State shall recognize, respect, and
protect the rights of indigenous cultural
communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these
rights in the formulation of national plans and
policies.
Section 18. (1) The State shall ensure equal
access to cultural opportunities through the
educational system, public or private cultural
entities, scholarships, grants and other incentives,
and community cultural centers, and other public
venues.
(2) The State shall encourage and support
researches and studies on the arts and culture.
Sports
Section 19. (1) The State shall promote physical
education and encourage sports programs, league
competitions, and amateur sports, including
training for international competitions, to foster
self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry.
(2) All educational institutions shall undertake
regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.
ARTICLE XV
The Family
67
Section 1. The State recognizes the
Filipino family as the foundation of the
nation. Accordingly, it shall strengthen its
solidarity and actively promote its total
development.
Section 2. Marriage, as an inviolable
social institution, is the foundation of the
family and shall be protected by the State.
Section 3. The State shall defend :
(1) The right of spouses to found a family
in accordance with their religious
convictions and the demands of responsible
parenthood;
(2) The right of children to assistance,
including proper care and nutrition, and
special protection from all forms of neglect,
abuse, cruelty, exploitation, and other
conditions prejudicial to their development;
(3) The right of the family to a family living
wage and income; and
(4) The right of families or family
associations to participate in the planning
and implementation of policies and
programs that affect them.
Section 4. The family has the duty to care
for its elderly members but the State may
also do so through just programs of social
security.
Senior citizen�s discount- CARLOS
SUPERDRUG CORP. vs. DSWD,
G.R. No. 166494, June 29, 2007.
ARTICLE XVI
General Provisions
Section 1. The flag of the Philippines
shall be red, white, and blue, with a sun and
three stars, as consecrated and honored by
the people and recognized by law.
Section 2. The Congress may, by law,
adopt a new name for the country, a
national anthem, or a national seal, which shall be
truly reflective and symbolic of the ideals, history,
and traditions of the people. Such law shall take
effect only upon its ratification by the people in a
national referendum.
5. STATE IMMUNITY:
The state may not be sued without its consent
(ART. XVI, SEC. 3)- otherwise known as: the
Royal Prerogative of Dishonesty
A. Practical basis: Holmes put it, is that �there can
be no legal right against the authority which makes
the law on which the right depends.� (Kawanakoa
v. Polybank, 205 U.S. 349)
Immunity extends to foreign states (SYQUIA V.
LOPEZ, 84 PHIL 312)
The doctrine of state immunity is not limited to
cases which would result in a pecuniary charge
against the sovereign or would require the doing of
an affirmative act by it. Prevention of a sovereign
from doing an affirmative act pertaining directly
and immediately to the most important public
function of any government�the defense of the
state�is equally as untenable as requiring it to do
an affirmative act." Baer vs. Tizon, 57 SCRA
1(1974)
And to international agencies of the UN under the
Convention on the Privileges and Immunities of
Specialized Agencies of the United Nations,
adopted by the UN General Assembly on
November 21, 1947, and concurred in by the
Philippine Senate on May 17, 1949. This
Convention has the force and effect of law,
considering that under the Constitution, the
Philippines adopts the generally accepted
principles of international law as part of the law of
the land. Ebro III vs. National Labor Relations
Commission, 261 SCRA 399(1996)
The grant of immunity from local jurisdiction to
the International Catholic Migration Commission
and the Inter-national Rice Research Institute is
clearly necessitated by their international character
68
and respective purposes. The objective is to
avoid the danger of partiality and
interference by the host country in their
internal workings. International Catholic
Migration Commission vs. Calleja, 190
SCRA 130 [1990])
There can be no dispute that international
officials are entitled to immunity only with
respect to acts performed in their official
capacity, BUT NOT PRIVATE ACTS.
BUT who will determine whether it is
private acts? Answer: The local court.
Liang vs. People, 355 SCRA 125(2001)
B. APPLICATION
� The proscribed suit that the state
immunity principle covers takes on
various forms, namely: a suit
against the Republic by name; a suit
against an unincorporated
government agency; a suit against a
government agency covered by a
charter with respect to the agency�s
performance of governmental
functions; and a suit that on its face
is against a government officer, but
where the ultimate liability will fall
on the government. Professional
Video, Inc. vs. Technical
Education and Skills
Development Authority, 591
SCRA 83(2009)
� Damage suit against public official
requiring appropriation although the
state is not impleaded. (Garcia vs.
Chief of Staff, 16 SCRA 120);
BUT NOT when an appropriation
has been made and the suit is to
compel payment (Ruiz and
Herrera vs. Cabahug, et al., 102
Phil. 110(1957)]
� Or when public officers are sued in
the performance of their duties
(CALUB vs. CA, 331 SCRA 55)
� But not when sued in their individual
capacity�for whatever damage he may
have caused by his act done with malice
and in bad faith, or beyond the scope of his
authority or jurisdiction. Shauf vs. Court
of Appeals, 191 SCRA 713(1990); United
States of America, Bradford vs. Reyes,
219 SCRA 192(1993)
� Although the military officers and
personnel, then party defendants, were
discharging their official functions when
the incident occurred, their functions
ceased to be official the moment they
exceeded their authority.Republic vs.
Sandoval, 220 SCRA 124(1993)
� A sovereign State does not merely establish
a diplomatic mission and leave it at that;
the establishment of a diplomatic mission
encompasses its maintenance and upkeep.
Hence, the State may enter into contracts
with private entities to maintain the
premises, furnishings and equipment of the
embassy and the living quarters of its
agents and officials. Republic of Indonesia
vs. Vinzon, 405 SCRA 126(2003)
It may at once be stated that even if the
private respondent enjoys diplomatic
immunity, a dismissal of the case cannot be
ordered on the ground of lack of jurisdiction
over his person, but rather for lack of a
cause of action because even if he
committed the imputed act and could have
been otherwise made liable therefor, his
immunity would bar any suit against him in
connection therewith and would prevent
recovery of damages arising therefrom.
Minucher vs. Court of Appeals, 214
SCRA 242(1992)
Recognition by the executive department of
state status conclusive upon the court.
(HOLY SEE v. Rosario, 12/1/94)
EXCEPTIONS:
69
1. Waiver
a. Express Consent � by law-Act
No. 3083; CA 327, amended by
PD1445; but can�t be given by
govt. lawyer-REPUBLIC V.
PURISIMA, 78 SCRA 470
� waiver of immunity does not
mean liability; suability is not
equivalent to liability; municipal
corporations are suable because
their charters grant them the
competence to sue and be sued.
Nevertheless, they are generally
not liable for torts committed by
them in the discharge of
governmental functions and can
be held answerable only if it can
be shown that they were acting in
a proprietary capacity.
Municipality of San Fernando,
La Union vs. Firme, 195 SCRA
692(1991)
b. Implied Consent
o state commences litigation
seeking affirmative relief-FROILAN V. PAN
ORIENTAL, 9/30/50, but
not if the intervention was
merely to resist the claim
(LIM V. BROWNELL,
107 Phil 345)
Restrictive theoryholds that the
immunity of the sovereign is recognized
only with regard to public acts or acts
jure imperii, but not with regard to
private acts or acts jure gestionis.
Republic of Indonesia vs. Vinzon, 405
SCRA 126(2003)]
Acts imperii:
� conduct of public bidding for the repair
of a wharf at a United States Naval
Station (U.S. v. Ruiz, 136 SCRA 487)
� or engaging services of security agency to
protect its properties -Dept. of Agriculture v.
NLRC, 11/11/93
� TESDA performs governmental function of
handling of formal and non-formal education
and training, and skills development.
Professional Video, Inc. vs. Technical
Education and Skills Development Authority,
591 SCRA 83(2009)
Acts jure gestionis
� hiring of a cook in the recreation center catering
to American servicemen and the general public
at the John Hay Air Station in Baguio City, U.S.
v. Rodrigo, 182 SCRA 644
� the bidding for the operation of barber shops in
Clark Air Base in Angeles City. USA V.
Guinto, 182 SCRA 644
Immunity of Government Agencies--Incorporated-see charter
-Unincorporated- If PRIMARILY performing
government functions, NO- Bureau of Printing
vs. Bureau of Printing Employees Assn., 1
Scra 340; MOBIL v. Customs Arrastre
Service, 18 SCRA 1120;
2. No immunity if injustice results-� Taking of property without filing
expropriation case and payment of just
compensation.Ministerio v. Court of
First Instance of Cebu, 40 SCRA 464,
(1971)
� Or recover possession of the portion of land
in question at anytime because possession
is one of the attributes of ownership.
However, since restoration of possession of
said portion by the government is neither
convenient nor feasible at this time because
it is now and has been used for road
purposes, the only relief �due
compensation. Amigable vs. Cuenca, 43
SCRA 360(1972)]
70
� Failure to abide by the conditions
under which a donation was given
should not prove an insuperable
obstacle to a civil action the consent
likewise being presumed.
SANTIAGO VS. REPUBLIC, 87
SCRA 294(1978)
Execution-� State- Waiver of non-suability does
not include waiver against
execution; the issuance of an alias
writ of execution directed against
the funds of the Armed Forces of
the Philippines to satisfy a final and
executory judgment is a nullity
REPUBLIC v. VILLASOR, 54
SCRA 84
� Same principle applies to local
government units. Municipality of
San Miguel v. Fernandez, 130
SCRA 56; but if the amount has
been appropriated, funds of the
municipal corporation may be
garnished by way of exception. City
of Caloocan v. Allarde, 410 SCRA
432; if there is unjustified refusal,
Mandamus will lie. Municipality of
Makati v. CA, 190 SCRA 206
Government agencies- Waiver of
non-suability includes waiver
against execution-PNB V.
PABALAN, 83 SCRA 595
Miscellaneous:
Referral to the COA for determination of the
amount due based on quantum meruit for
void contracts (not per se) which benefited
the government. Vigilar vs. Aquino, 639
SCRA 772(2011)
Section 4. The Armed Forces of the
Philippines shall be composed of a citizen
armed force which shall undergo military training
and serve, as may be provided by law. It shall keep
a regular force necessary for the security of the
State.
Section 5. (1) All members of the armed forces
shall take an oath or affirmation to uphold and
defend this Constitution.
(2) The State shall strengthen the patriotic
spirit and nationalist consciousness of the military,
and respect for people's rights in the performance of
their duty.
(3) Professionalism in the armed forces and
adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed
forces shall be insulated from partisan politics.
No member of the military shall engage directly
or indirectly in any partisan political activity, except
to vote.
(4) No member of the armed forces in the
active service shall, at any time, be appointed or
designated in any capacity to a civilian position in
the Government including government-owned or
controlled corporations or any of their subsidiaries.
(5) Laws on retirement of military officers
shall not allow extension of their service.
(6) The officers and men of the regular force
of the armed forces shall be recruited
proportionately from all provinces and cities as far
as practicable.
(7) The tour of duty of the Chief of Staff of the
Armed forces shall not exceed three years.
However, in times of war or other national
emergency declared by the Congress, the President
may extend such tour of duty.
Section 6. The State shall establish and maintain
one police force, which shall be national in scope
and civilian in character, to be administered and
controlled by a national police commission. The
authority of local executives over the police units in
their jurisdiction shall be provided by law.
Section 7. The State shall provide immediate and
adequate care, benefits, and other forms of
assistance to war veterans and veterans of military
campaigns, their surviving spouses and orphans.
Funds shall be provided therefor and due
71
consideration shall be given them in the
disposition of agricultural lands of the public
domain and, in appropriate cases, in the
utilization of natural resources.
Section 8. The State shall, from time to
time, review to upgrade the pensions and
other benefits due to retirees of both the
government and the private sectors.
Section 9. The State shall protect
consumers from trade malpractices and from
substandard or hazardous products.
Section 10. The State shall provide the
policy environment for the full development
of Filipino capability and the emergence of
communication structures suitable to the
needs and aspirations of the nation and the
balanced flow of information into, out of,
and across the country, in accordance with a
policy that respects the freedom of speech
and of the press.
Section 11. (1) The ownership and
management of mass mediashall be limited
to citizens of the Philippines, or to
corporations, cooperatives or associations,
wholly-owned and managed by such
citizens.
The Congress shall regulate or prohibit
monopolies in commercial mass media
when the public interest so requires. No
combinations in restraint of trade or unfair
competition therein shall be allowed.
(2) The advertising industry is
impressed with public interest, and shall be
regulated by law for the protection of
consumers and the promotion of the general
welfare.
Only Filipino citizens or corporations or
associations at least seventy per centum of
the capital of which is owned by such
citizens shall be allowed to engage in the
advertising industry.
The participation of foreign investors in the
governing body of entities in such industry shall be
limited to their proportionate share in the capital
thereof, and all the executive and managing officers
of such entities must be citizensof the Philippines.
Section 12. The Congress may create a
consultative body to advise the President on policies
affecting indigenous cultural communities, the
majority of the members of which shall come from
such communities.
ARTICLE XVII
Amendments or Revisions
Section 1. Any amendment to, or revision
of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of
all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may
likewise be directly proposed by the people through
initiative upon a petition of at least twelve per
centum of the total number of registered voters, of
which every legislative district must be represented
by at least three per centum of the registered voters
therein. No amendment under this section shall be
authorized within five years following the
ratification of this Constitution nor oftener than
once every five years thereafter.
The Congress shall provide for the implementation
of the exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional
convention, or by a majority vote of all its
Members, submit to the electorate the question of
calling such a convention.
Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of
such amendment or revision.
72
C. AMENDMENT/ REVISION
a. PROPOSAL:
1). Congress
-directly-3/4 votes; separately
-call a constitutional convenion�
2/3 vote
-refer the decision to the people-by
majority vote
Congress, exercising its ordinary
legislative power may provide of
details of its Resolution as a
constituent body for the
amendment or revision to the
Constitution.
2) by People's Initiative
Defensor-Santiago v. Comelec,
3/19/97; LAMBINO et al., vs.
COMELEC, G.R. No. 174153,
October 25, 2006 (on sufficiency
of RA 6735; unavailability of
initiative on revision)
b. RATIFICATION :
Proper submission test-Gonzales v.
Comelec, 21 SCRA 774-even in a
regular election Tolentino v.
Comelec, 41 SCRA 702-on
ratification by installment ;
Javellana v. Exec. Sec. 50 SCRA
30 [1973]
c. JUSTICIABILITY-Gonzales
v. Comelec, supra; SANIDAD V.
COMELEC, 73 SCRA 333
d. Constitutional convention as
independent but co-equal to the other
departments of government
(MABANAG v. Lopez Vito, 78 Phil 1)
ARTICLE XVIII
Transitory Provisions
Section 1. The first elections of the Members of
the Congress under this Constitution shall be held
on the second Monday of May, 1987.
The first local elections shall be held on a date to
be determined by the President, which may be
simultaneous with the election of the Members of
the Congress. It shall include the election of all
Members of the city or municipal councils in the
Metropolitan Manila area.
Section 2. The Senators, Members of the House
of Representatives, and the local officials first
elected under this Constitution shall serve until
noon of June 30, 1992.
Of the Senators elected in the election of 1992,
the first twelve obtaining the highest number of
votes shall serve six years and the remaining twelve
for three years.
Section 3. All existing laws, decrees, executive
orders, proclamations, letters of instructions, and
other executive issuances not inconsistent with this
Constitution shall remain operative until amended,
repealed, or revoked.
Section 4. All existing treaties or international
agreements, which have not been ratified, shall not
be renewed or extended without the concurrence of
at least two-thirds of all the Members of the Senate.
Section 5. The six-year term of the incumbent
President and Vice-President elected in the
February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to
noon of June 30, 1992.
The first regular elections for the President and
Vice-President under this Constitution shall be held
on the second Monday of May, 1992.
73
Section 6. The incumbent President shall
continue to exercise legislative powers until
the first Congress is convened.
Section 7. Until a law is passed, the
President may fill by appointment from a list
of nominees by the respective sectors the
seats reserved for sectoral representation in
paragraph (2), Section 5 of Article VI of this
Constitution.
Section 8. Until otherwise provided by
the Congress, the President may constitute
the Metropolitan Authority to be composed
of the heads of all local government units
comprising the Metropolitan Manila area.
Section 9. A sub-province shall continue
to exist and operate until it is converted into
a regular province or until its component
municipalities are reverted to the mother
province.
Section 10. All courts existing at the
time of the ratification of this Constitution
shall continue to exercise their jurisdiction,
until otherwise provided by law. The
provisions of the existing Rules of Court,
judiciary acts, and procedural laws not
inconsistent with this Constitution shall
remain operative unless amended or
repealed by the Supreme Court or the
Congress.
Section 11. The incumbent Members
of the Judiciary shall continue in office until
they reach the age of seventy years or
become incapacitated to discharge the duties
of their office or are removed for cause.
Section 12. The Supreme Court shall,
within one year after the ratification of this
Constitution, adopt a systematic plan to
expedite the decision or resolution of cases
or matters pending in the Supreme Court or
the lower courts prior to the effectivity of
this Constitution. A similar plan shall be
adopted for all special courts and quasi-judicial
bodies.
Section 13. The legal effect of the lapse,
before the ratification of this Constitution, of the
applicable period for the decision or resolution of
the cases or matters submitted for adjudication by
the courts, shall be determined by the Supreme
Court as soon as practicable.
Section 14. The provisions of paragraphs (3)
and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed
before the ratification of this Constitution, when the
applicable period lapses after such ratification.
Section 15. The incumbent Members of the
Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall
continue in office for one year after the ratification
of this Constitution, unless they are sooner removed
for cause or become incapacitated to discharge the
duties of their office or appointed to a new term
thereunder. In no case shall any Member serve
longer than seven years including service before the
ratification of this Constitution.
Section 16. Career civil service employees
separated from the service not for cause but as a
result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this
Constitution shall be entitled to appropriate
separation pay and to retirement and other benefits
accruing to them under the laws of general
application in force at the time of their separation.
In lieu thereof, at the option of the employees, they
may be considered for employment in the
Government or in any of its subdivisions,
instrumentalities, or agencies, including
government-owned or controlled corporations and
their subsidiaries. This provision also applies to
career officers whose resignation, tendered in line
with the existing policy, had been accepted.
Section 17. Until the Congress provides
otherwise, the President shall receive an annual
salary of three hundred thousand pesos; the Vice-74
President, the President of the Senate, the
Speaker of the House of Representatives,
and the Chief Justice of the Supreme Court,
two hundred forty thousand pesos each; the
Senators, the Members of the House of
Representatives, the Associate Justices of
the Supreme Court, and the Chairmen of the
Constitutional Commissions, two hundred
four thousand pesos each; and the Members
of the Constitutional Commissions, one
hundred eighty thousand pesos each.
Section 18. At the earliest possible
time, the Government shall increase the
salary scales of other officials and
employees of the National Government.
Section 19. All properties, records,
equipment, buildings, facilities, and other
assets of any office or body abolished or
reorganized under Proclamation No. 3 dated
March 25, 1986 or this Constitution shall be
transferred to the office or body to which its
powers, functions, and responsibilities
substantially pertain.
Section 20. The first Congress shall
give priority to the determination of the
period for the full implementation of free
public secondary education.
Section 21. The Congress shall
provide efficacious procedures and adequate
remedies for the reversion to the State of all
lands of the public domain and real rights
connected therewith which were acquired in
violation of the Constitution or the public
land laws, or through corrupt practices. No
transfer or disposition of such lands or real
rights shall be allowed until after the lapse
of one year from the ratification of this
Constitution.
Section 22. At the earliest possible
time, the Government shall expropriate idle
or abandoned lands as may be defined by
law, for distribution to the beneficiaries of
the agrarian reform program.
Section 23. Advertising entities affected by
paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its
ratification to comply on a graduated or
proportionate basis with the minimum Filipino
ownership requirement therein.
Section 24. Private armies and other armed
groups not recognized by duly constituted authority
shall be dismantled. All paramilitary forces
including Civilian Home Defense Forces not
consistent with the citizen armed force established
in this Constitution, shall be dissolved or, where
appropriate, converted into the regular force.
Section 25. After the expiration in 1991
of the Agreement between the Republic of the
Philippines and the United States of America
concerning Military Bases, foreign military
bases, troops, or facilities shall not be allowed
in the Philippines except under a treaty duly
concurred in by the Senateand, when the
Congress so requires, ratified by a majority of
the votes cast by the people in a national
referendum held for that purpose, and
recognized as a treaty by the other contracting
State.
VFA upheld-BAYAN vs. ZAMORA, 342
SCRA 449
BUT NICOLAS vs. ROMULO, 578 SCRA
438, [2009] struck down the KENNEY-ROMULO agreement on detention facilities.
Section 26. The authority to issue
sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in
relation to the recovery of ill-gotten wealth
shall remain operative for not more than
eighteen months after the ratification of this
Constitution. However, in the national interest,
as certified by the President, the Congress may
extend said period.
75
A sequestration or freeze order shall
be issued only upon showing of a prima
facie case. The order and the list of the
sequestered or frozen properties shall
forthwith be registered with the proper
court. For orders issued before the
ratification of this Constitution, the
corresponding judicial action or
proceeding shall be filed within six
months from its ratification. For those
issued after such ratification, the
judicial action or proceeding shall be
commenced within six months from the
issuance thereof.
The sequestration or freeze order is
deemed automatically lifted if no
judicial action or proceeding is
commenced as herein provided.
Section 27. This Constitution
shall take effect immediately upon its
ratification by a majority of the votes
cast in a plebiscite held for the purpose
and shall supersede all previous
Constitutions
Ratified: February 2, 1987
76