ARTICLE XVI.

General Provisions

Section 1. The Flag

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.

The Flag
 The 1987 Consti left untouched the flag that has been honored by the people since it was designed.
 8 rays of the sun – represent the 8 provinces that were the first to rise against Spain – Batangas, Bulacan,
Cavite, Laguna, Manila, Nueva Ecija, Pampanga, and Tarlac
 3 stars – Luzon, Visayas and Mindanao
 The design of the flag may be changed only by constitutional amendment. (Bernas commentary)

Section 2. National name, anthem and seal

The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all
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.

New national name, anthem, seal

 The 1987 Consti has given to Congress the authority to change the name of the country, its national anthem
and seal
o But the change does not take effect until ratified by the people in a nat’l referendum. (Bernas
commentary)

Section 3. Immunity from Suit

The State may not be sued without its consent.

Foundation of the Rule: A suit against the State

 This principle is based on “the juridical and practical notion that the state can do no wrong,” which is a
restatement of the expression “the King can do no wrong.” (Bernas primer)
 A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the
logical and practical ground that there can be no legal right as against the authoruty that makes the law on
which the right depends.” (Kawananakoa v. Polybank)
 Instances when a suit is against the State
o When the Republic is sued by name
o When the suit is against an unincorporated gov’t agency
o When the suit is on its face against a gov’t officer but the case is such that ultimate liability will
belong not to the officer but to the gov’t
o *In all the above cases, suability depends on W/N the State has consented to be sued. (Bernas
primer)
 How consent is given by the State
o Either expressly or impliedly
o Express consent – when there is a law expressly granting authority to sue the State or any of its
agencies (Bernas primer)
o Implied consent
 When the state enters into a private contract, unless the contract is merely incidental to
the performance of gov’t function (Syquia v. Almeda-Lopez)
 When the state enters into an operation that is essentially a business operation, unless the
business operation is merely incidental to the performance of a gov’tal function (Mobil
PH v. Customs Arrastre Service)
 When the state sues a private party, unless the suit is entered only to resist a claim
(Froilan v. Pan Oriental)

Unincorporated Agencies
  “Not all gov’t entities, whether corporate or non-corporate, are immune from suits. Immunity from suits is
determined by the character of the objects for which the entity was organized.” (Bernas commentary)

Government Officers
 The suit must be regarded as one against the state where satisfaction of the judgment against the public
official concerned will require the state itself to perform a positive act
 The rule does not apply where the public official is charged in his official capacity for acts that are
unlawful and injurious to the rights of others
 Public officials are not exempt, in their personal capacity, from liability arising from acts committed in bad
faith
 Immunity from suit cannot be invoked when the public official is clearly being sued not in his official
capacity but in his personal capacity, although the acts complained of may have been committed whole he
occupied a public position (Lansang v. CA)

Foreign Government
 Immunity of states from suit is also a rule in IL
 The mere entering into a contract by a foreign State cannot be construed as the ultimate test of W/N it is an
act jure imperii or jure gestionis. (Bernas primer)

Consent by Law
 Consent to be sued may be given by the legislature through a special law or by general law.
 Special law – may come in form of a private bill authorizing a named individual to bring suit on a specified
claim
 General law – authorizes any person who meets the conditions stated in the law to sue the gov’t in
accordance w/ the procedure specified in the law (Bernas commentary)

Section 4. Armed Forces

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.

The Armed Forces of the Philippines

 ART II, Sec 3: “The Armed Forces of the Philippines is the protector of the people and the State. Its goal is
to secure the sovereignty of the State and the integrity of the national territory.”
 Nat’l Defense Act: AFP shall consist of a citizen armed force and a regular force
 Regular force – segment of citizen force which is kept in active duty
 Citizen armed force
o Those who are not in regular force, undergoes training reverted to inactive service but assigned to
a unit to which they may be called when needed
o Intention: not to issue arms to the members of the citizen force when not in actual service

Section 5. Quality of Service (AFP)

(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.

Quality of service expected from the AFP

 Sworn to defend “This Constitution” – not any consti of their choice
 Members of armed forces should be imbued with not only patriotic and nationalistic spirit but deep respect
for people’s rights
 State owes members remuneration and benefits
 Partisan political activity
o Defined as campaigning for a candidate or for a party
o Those who exercise authority over military should be insulated from partisan politics
o Members of the armed forces, as individuals, are commanded not to engage directly or indirectly
in partisan politics except to vote
 Prohibition is not for expressing preferences but from campaigning
 Prohibition of holding civilian positions concurrently with active military service does not allow exceptions
 Rule prohibiting extension of services is addressed to president and Congress
o Repeals laws allowing extension
o Prevents Congress form passing future laws allowing extension
o Intended to prevent the demoralization of junior officers who cannot go up in rank because of the
extension of the service of senior officers
 Attempts to spread out recruitment among different provinces to prevent creation of regional blocs within
the military – “as far as practicable”
 Chief of Staff may be used by president to wield military power
o Exception to rule of limit:
 War or national emergency declared by Congress
 War or national emergency must be one in which the office of the Chief of Staff
is a relevant factor
o Lawless violence
o Invasion
o Situations with direct military implications
 Allowable extension for the duration of the emergency
 Chief of staff who reaches compulsory retirement date before completion of three years is
allowed to complete his term
o Consti does not prohibit the shortening of tenure of one who is incompetent (Bernas commentary)

Section 6. Police Force

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.

Police Force
 This provision prescribes a police force that is civilian in nature – Philippine National Police
 Members of PC were given option to join the PNP or be integrated into the AFP
 Authority over police force is shared between National Police Commission (NAPOLCOM) and local
executives, as provided
 PNP is subject to the jurisdiction of the CSC pursuant to ART IX-B, Sec 2(1)
 RA 6975 – Law that governs national police
o Provides for absorption, transfer or merger of Integrated National Police with PNP
o Members of INP are no excluded form availing of retirement benefits accorded to PNP retirees
Section 7. Remuneration and Benefits
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
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. Remuneration and Benefits

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.

Remuneration and benefits

 Sections 7 and 8 – elaborate on military remuneration and benefits which the state is obliged to provide.
 Extended to “war veterans and veterans of [other] military campaigns” as well as “their surviving spouses
and orphans”
 Veterans – veterans of a declared war, veterans of peace-keeping campaigns
 In giving them due consideration in the disposition of lands of the public domain, the determining factor
should not be status but need (Bernas commentary)

Section 9. Consumer Protection

The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Consumer protection
 Intended to be a protection not only against traders but also against manufacturers who dump defective,
substandard or even hazardous products in the market (Bernas commentary)

Section 10. Communication Policy

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.

Communication policy
 This provision deals with communication in general
o It includes w/in its scope commercial telecom, mass media, and advertising
 Deals with “communication structures” and is concerned w/ the availability and reach of communication
facilities
 The provision prescribes a communication structure which allows for a nat’l and int’l balance that is
beneficial to the nation: “the balanced flow of information into, out of, and across the country”
 Whatever policy is formulated, it must respect “the freedom of speech and of the press” (Bernas
commentary)

Section 11. Media

(1) The ownership and management of mass media shall 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 citizens of the Philippines.

Mass media
 Includes radio, television, and the printed media
 Does not include commercial telecom, which are governed as public utilities (ART XII, Sec 11), nor the
advertising industry (ART XVI, Sec 11(2))
 100% Filipino ownership and management is required for mass media
 The provision also prohibits combinations in restraint of trade and unfair competition, and it commands
Congress to “regulate or prohibit monopolies in commercial mass media”
o Definition of monopolies – left to the discretion of the Congress

The advertising industry

 Treated differently from mass media
o Advertising is not mass media but use of mass media
 Filipinization of ownership is less generous to foreigners
o Only 30% foreign capitalization is allowed
o Advertising industry was not capital intensive but talent intensive
 ART XVIII, Sec 23 – gives advertising entities 5 years from the ratification of the Consti to make the
proper equity adjustment (Bernas commentary)

Section 12. Consultative Body for Indigenous Communities

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. Revision/Amendment
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. Direct Proposal

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. Congressional Prerogative

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. Ratification and date of effectivity

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.

Any amendment under Section 2 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 certification by the Commission
on Elections of the sufficiency of the petition.
Significance of ART XVII
 Indicates that the PH has adopted a rigid type of Consti – cannot be changed by ordinary legislation
 Identifies legal sovereignty as residing in the people, since only a direct act of the people can effect a
change in the Consti

Constituent Power v. Legislative Power

Constituent Power Legislative Power
Power to formulate a Consti Power to pass, repeal or
or to propose amendments amend ordinary laws or
to or revision of the Consti statutes
and to ratify such proposal
Exercised by Congress (by Ordinary power of Congress
special constitutional and of the people, also
conferment) through initiative and
 By a Constitutional referendum
Convention or
Commission
 By the people
through initiative
and referendum
 By the sovereign
electorate
Exercise does not need the Exercise ordinarily needs
approval of the Chief Exec. the approval of the Chief
Exec., except when done by
the people through initiative
and referendum

Amendment v. Revision
Amendment Revision
Signify change in the constitutional text
An alteration of one or a few Important structural change
specific and isolated in the gov’t or a change
provisions of the which affects several
constitution provisions in the Consti
Intention: Intention: Re-examination
 Improve specific of the entire document or an
parts important cluster of
 Add new provisions in the document
provisions to determine how and to
 Suppress existing what extent it should be
ones altered

 The amendatory and revision provisions are called the “constitution of sovereignty” because they define the
constitutional meaning of “sovereignty of the people”.
 Since nothing is said about a joint session, it is submitted that each house may separately form amendments
by a vote of three-fourths of all its members, and then pass it to the other house for a similar process. It is
also submitted that what is essential is that both houses vote separately.
 Any change in the Consti must strictly follow the process prescribed in ART XVII
o The people themselves have imposed on themselves a constitutional limitation on their capacity to
dispose of the Consti
o Exception: Extraordinary circumstances – “revolution”

Required Steps for Amendment/Revision

1. Proposal of amendments/revision – the formulation of the changes contemplated
 2. Submission of the proposed amendments/revision to the people
3. Ratification

Direct Proposal
 Who may propose amendments?
o Congress
o Constitutional Convention
o The electorate, through popular initiative
 “Initiative and referendum” is a method whereby the people themselves can directly propose amendments
to the constitution.
 Without implementing legislation, this section cannot operate.
 There is as yet no law implementing the provision on amendment by initiative and referendum. Congress
 enacted RA 6735, the Initiative and Referendum Law; but the SC held that the law, as worded, did not
apply to constitutional amendment.

Congressional Prerogative
 A constituent assembly may not propose anything that is inconsistent with what is known as Jus Cogens.
o Jus Cogens – a norm accepted and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified only by subsequent
norm of general international law having the same character.

Ratification and date of effectivity

 The date of effectivity of any amendment or revision should ordinarily the same as that of the date of
ratification, that is, the day on which the votes as cast.

ARTICLE XVIII. Transitory Provisions

Purpose of the Transitory Provisions

 To facilitate the transition from the old Consti to the new
 Transition is not just from its immediate predecessor (Freedom Consti) but also from the 1973 Consti
(Bernas primer)

Section 1. First Elections Under the New Constitution

The first elections of 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.

First elections under the 1987 Consti

 First congressional elections: 11 May 1987
 First local elections: 18 January 1988
 The power of the Pres. to fix the date of local elections was merely ordinary legislative power
o The Pres’s initial decision could be altered by Congress
 Last sentence of Sec 1
o Implements the revival of the city and municipal councils
o Completes the dismantling of the Metropolitan Manila Commission in PD 854 (Bernas
commentary)

Section 2. Term of first House Members and first Local Officials

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 for
six years and the remaining twelve for three years.

Term of the first Members of Congress and of first local officials

 Ending date of the term of all officials elected under the new Consti: 30 June 1992
o Common termination date will synchronize future elections to once every 3 years
 Postpones the staggering of the term of Senators to after 1992

Section 3. Status of Laws and other Legislation Passes Prior to the Constitution
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.

Status of laws, decrees, etc. passed before the 1987 Consti

 Provision asserts the general principal of presumed validity of legislative acts of legislative authority

Section 4. Status of Treaties and International Agreements

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.

Status of treaties and int’l agreements

 Any treaty or int’l agreement, even if valid under previous constis and even if containing a renewal or
extension clause, can be renewed or extended only accdg to the procedure prescribed in ART VII, Sec 21
of the 1987 Consti (Bernas commentary)

Section 5. Presidential Term and Synchronization

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.

Term of President Corazon C. Aquino

 Intention of provision: to fix the term of Pres. Aquino (Bernas commentary)

Section 6. Presidential Legislative Powers

The incumbent President shall continue to exercise legislative powers until the first Congress is convened.

President Aquino’s legislative power

 Ended on 27 July 1987 when the first Congress under this Consti convened (Bernas commentary)

Section 7. Sectoral Representation

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.

Sectoral Representatives
 Pres. was given transitory power to appoint the sectoral representatives
o Because of the desire of the ConComm that sectoral representation be implemented even before
Congress enacted the implementing law
o This power is one that the Pres. may or may not exercise
 The rights of the sectoral representatives appointed by her were not transitory
o Once appointed and qualified, these representatives would enjoy the term given by the Consti
which would not be affected by whatever implementing legislation Congress might pass
 The appointment of sectoral representatives under this provision requires the confirmation by the COA
o Accdg to ART VII, Sec 16 (Bernas commentary)
Section 8. Metropolitan Authority
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.

Metropolitan Authority
 Found in ART X, Sec 11 – only for the Metro Manila area
 Provision was intended to rescue the Metropolitan Manila Administration – which would effectively be
terminated by the election of officials under ART XVIII, Sec 1
 The authority of the Pres. to constitute a Metropolitan Authority was limited to the period when Congress
has not yet convened (Bernas commentary)

Section 9. Sub-Provinces
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.

Sub-Provinces
 Extensions of the mother province – ART X, Sec 1
 This provision prolongs their existence (Bernas commentary)

Section 10. Security of Tenure of Judges

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. Security of Tenure of Judges

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.

Security of Tenure of Judges

 Remove the applicability of Proclamation No. 3 to all members of the judiciary and to apply to them
instead the rules on security of tenure in ART VIII, Sec 11
 Provisions took effect on 2 February 1987 when this Consti was ratified (Bernas commentary)

Section 12. Cases filed prior to effectivity of New Constitution

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. Cases filed prior to effectivity of New Constitution

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. Cases filed prior to effectivity of New Constitution

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.

Legal Effect of the Laps of the Applicable Period

 Two rules:
o Where the period lapsed before the ratification of the 1987 Consti
 Applicable rule is found in the 1973 Consti
 Section 13 – the SC must establish a clear rule as soon as practicable through the
resolution of cases pending before it
o Where the period lapsed after the ratification of the 1987 Consti
  No matter when the case may have been filed, ART VIII, Sec 15 (3) and (4) of the 1987
Consti shall apply (Bernas primer)

Section 15. Term of Carry-over Commissioners

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.

Term of carry-over Commissioners

 The incumbent members of the Constitutional Commissions (ART IX) enjoyed security of tenure at the
time of the ratification of this Consti, but only for one year. (Bernas primer)
 Provision gave the Pres. authority during that same period to replace them or give them regular
appointments accdg to the staggered distribution of term prescribed in the Consti
 7 year limitation – applies equally to years served as Member or as Chairman (Bernas commentary)

Section 16. Career Civil Service Officers

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.

Career civil service officers

 Reorganization (as authorized by Proclamation No. 3) could affect the tenure of members of the career
service
 Provision calls for some form of relief for members of the career civil service who may have been
“reorganized out” of the service or may have been voluntarily resigned pursuant to the reorganization
policy
 Relief offered is the alternative of either separation pay and other retirement benefits or, at the option of the
gov’t, reemployment (Bernas commentary)

Section 17. Readjustment of salaries

Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand
pesos; the Vice-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. Readjustment of salaries

At the earliest possible time, the Government shall increase the salary scales of the other officials and employees of
the National Government.

Readjustment of salaries
 Section 17: initial salary to high ranking officials providing for cap on the possibility of upward movement
of salary of lower officials
 Section 18: left to ordinary legislation the readjustment of salaries of lower officials

Section 19. Reversion of lands and real rights illegally acquired

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. Reversion of lands and real rights illegally acquired

The first Congress shall give priority to the determination of the period for the full implementation of free public
secondary education.

Section 21. Reversion of lands and real rights illegally acquired

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.

Reversion of lands and real rights illegally acquired

 Perception: lands of public domain and real rights were transferred either in violation of Consti or other
laws “through corrupt practices” during the Martial law.
 Congress should create a specific substantive basis for reivindicatory action as applied to public lands or
rights illegally or “corruptly” acquired
 Temporary holding pattern: no transfer or disposition of lands or rights will be allowed until after the lapse
of one year from the ratification of the Consti (Bernas commentary)

Section 22. Idle/Abandoned lands

At the earliest possible time, the Government shall expropriate idle or abandoned agricultural lands as may be
defined by law, for distribution to the beneficiaries of the agrarian reform program.

Idle or abandoned lands for land reform

 Abandoned lands – those devoted to any crop but which were not utilized by the owner for his benefit for 5
years prior to notice, except when such non-utilization was due to reasons of force majeure or other
fortuitous event
 Idle lands – those not devoted directly to any crop or to any economic purpose for at least one year prior to
notice but which used to be devoted or were suitable for such crop, but not lands devoted permanently or
regularly to other essential or more productive purposes (Bernas commentary)

Section 23. Advertising Entities

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 and proportionate basis with the minimum Filipino ownership
requirement therein.

Advertising entities
 ART XVI, Sec 11(2) imposes a 70-30 Filipino-foreign equity ratio on all advertising entities
 This provision was intended to provide for a period of adjustment in order to accommodate agencies which
may have Filipino equity as low as zero
o Period of adjustment – 5 years
 No legislation is needed to implement this

Section 24. Private Armies

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.

Private armies, etc.

 1st sentence
o Categorically commands the dismantling of private armies and other armed groups not recognized
by duly constituted authorities
 o “recognized by duly constituted authority” – authorized by law, and operating accdg to law
 2nd sentence
o Alternative command regarding existing paramilitary forces under the authority of gov’t
o “not consistent with the citizen armed force established in this Constitution” – has reference to
ART XVI, Sec 5: “citizen armed force which shall undergo military training and serve, as may be
provided by law”

Section 25. Foreign Military Bases, Troops or Facilities

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 Senate and, 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.

Foreign military bases, troops, or facilities

 The military bases agreement must be renewed through a strict treaty
 Ratification of a treaty on the subject of military bases is necessary only when Congress so requires (Bernas
primer)

The VFA
 The VFA with the US needed ratification of the Senate – ART XVII, Sec 25 covers not just the presence of
bases but also the presence of troops
 “recognized as a treaty by the other contracting State”
o Reminder that the military bases agreement with the US subsisting at the time of the formulation
of the 1987 Consti was not ratified by the US Senate
o Requires that the other contracting State must go through all the steps needed to make the
agreement a treaty under the law of the foreign State before any such agreement can be recognized
by the PH as effective
o However, we are bound to accept an official declaration by the US that what is needed to make
their consent a treaty has been satisfied (Bayan v. Executive Secretary)

Section 26. Sequestration Orders

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.

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.

Sequestration
 To place or cause to be placed under the PCGG’s possession or control “ill-gotten” property, or any
building or office wherein any such property and any records pertaining to it may be found
o Including “business enterprises and entities”
 For the purpose of preventing the destruction, concealment or dissipation of, and otherwise conserving the
same
o Until it can be determined, through proper judicial proceedings, W/N the property was in truth
“ill-gotten”
 “Ill-gotten”
 o Acquired through or as a result of improper or illegal use of or the conversion of funds belong to
the Gov’t or any of its branches, instrumentalities, enterprises, banks or financial institutions
o Obtained by taking undue advantage of official position, authority, relationship, connection or
influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice
to the State (Bernas primer)
 Property may be sequestered provided that there is prima facie evidence that the property is of public
ownership (COCOFED v. PCGG)

“Freeze Order”
 Prohibits the person having possession or control of property alleged to constitute “ill-gotten wealth” “from
transferring, conveying, encumbering or otherwise depleting or concealing such property, or from assisting
or taking part in its transfer, encumbrance, concealment, or dissipation”
 Commands the possessor to hold the property and conserve it subject to the orders of disposition of the
authority decreeing such freezing
 Possessor or ostensible owner of property is enjoined not to deliver, transfer, or otherwise dispose of any
effects or credits in his possession or control, and thus becomes in a sense an involuntary depository thereof
(Bernas primer)

Provisional Takeover
 What is taken into custody is not only the physical assets of the business enterprise or entity, but the
business operation as well
 The assumption of control not only over things, but over operations or on-going activities
 Allowed only as regards “business enterprises ... taken over by the gov’t of the Marcos Admin or by
entities or persons close to former Pres. Marcos” (BASECO v. PCGG)

Sequestration/Freeze Order v. Search/Seizure Warrant

Sequestration/Freeze Order Search/Seizure Warrant
Issued by an administrative May be issued only by a
authority judge
Issues only upon showing of Issues only upon probable
a prima facie case – a cause
degree of proof higher than
probable cause

Section 27. Date of Effectivity

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

Date of Effectivity of the 1987 Consti

 2 February 1987 – date of effectivity of the 1987 Consti
o Day of ratification – the day on which the votes of the people were cast to signify their acceptance
of the draft (De Leon v. Esguerra)
 11 February 1987 – presidential proclamation announcing the ratification of the Consti (Bernas primer)