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Textbook on Philippine Constitution

Textbook on Philippine Constitution


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Textbook on Philippines Constitution
Textbook on Philippines Constitution

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  • Meaning of political science
  • Scope of political science
  • Interrelationship with other branches of learning
  • Function and importance of political science
  • Goal in the study of political science courses
  • Meaning of state
  • State distinguished from nation
  • State distinguished from government
  • Purpose and necessity o1 government
  • Forms of government
  • The pre-Spanish government
  • Government during the Spanish period
  • Governments during the Revolutionary era
  • Governments during the American regime
  • Governments during the Japanese occupation
  • The previous Philippine Republics
  • The Provisional Government of 1986
  • Meaning of constitution
  • Nature and purpose or function of constitution
  • Meaning of constitutional law
  • Kinds of constitution
  • Advantages and disadvantages of a written constitution
  • Requisites of a good written constitution
  • Constitution distinguished from statute
  • Authority to interpret the Constitution
  • Purpose in interpreting the Constitution
  • The 1935 Constitution
  • The 1973 Constitution
  • The 1987 Constitution
  • Basic principles underlying the new Constitution
  • Rule of the majority
  • Preamble not essential in a constitution
  • Object and value of Preamble
  • Source of Constitution's authority
  • National purposes and aims in adopting the Constitution
  • Attainment of the constitutional goals
  • Changes in the Preamble
  • Necessity of constitutional provision on National Territory
  • l National Territory of the Philippines
  • Meaning of archipelago
  • Other areas included in the Philippine archipelago
  • Three-fold division of navigable waters
  • Jurisdiction over navigable waters
  • The archipelagic concept or principle of territoriality
  • The Philippine position
  • The Philippines, a democratic and republican state
  • Manifestations of a democratic and republican state
  • The manifestations of a democratic and republican state are:
  • Sovereignty of the people
  • Right of the people to revolt
  • Renunciation of war as an Instrument of national policy
  • Supremacy of civilian authority over the military
  • Prime duty of the Government
  • Military and civil service by the people
  • Maintenonce of peace and order, etc
  • Principle of separation of the church and State
  • Meaning of "establishment of religion clause.''
  • No hostility towards religion
  • Foreign policy of the Philippines
  • Freedom from nuclear weapons policy
  • Just and dynamic social order
  • Social justice
  • Human dignity and human rights
  • Autonomy of local governments
  • Honesty and integrity in public service
  • Full disclosure by the State of all its transactions
  • Concept of a bill of rights
  • Classes of rights
  • Classification of constitutional rights
  • State authority and individual freedom
  • Meaning of due process of law
  • Aspects of due process of law
  • Procedural due process
  • Substantive due process
  • Persons protected
  • Meaning of life
  • Meaning of liberty
  • What c·onstitutes deprivation
  • Meaning of equal protection of the laws
  • Reasonable classification permitted
  • Scope of the guarantee
  • Meaning of search warrant and warrant of arrest
  • Scope of the protection
  • ""Requisites for valid search warrant or warrant of arrest
  • Meaning of probable cause
  • Sufficiency of affidavit upon which warrant is. based
  • Right against unreasonable search and seizure, personal
  • Meaning of right of privacy
  • Basis and purpose of the provision
  • t"umitations on the right
  • Scope of freedom of expression
  • Importance of the guarantee
  • Freedom of expression not absolute
  • Abridgment of freedom of speeCh and of the press
  • Meaning of right of assembly and right of petition
  • Relationship with freedom of speech and of the press
  • Meaning of religious freedom
  • Meaning of religion
  • Aspects of religious freedom. !_;
  • Freedom of religious profession and worship
  • Dissemination of religious beliefs
  • License fee or tax on sale of religious articles
  • Religious test prohibited
  • Meaning of liberty abode and travel
  • limitations on the right
  • Right to information on matters of public concern
  • Scope of the right
  • Meaning of right to form associations, etc
  • Purposes of the guarantee
  • Limitation on the right
  • Essential or inherent powers of government
  • Conditions for or limitations upon its exercise
  • Meaning of police power
  • Basis of police power
  • Illustrations of police power Jaws
  • Meaning of taxation
  • Theory and basis of taxation
  • Distinctions among the three powers
  • Meaning of obligation of a contract
  • Scope of terms "law" and "contract."
  • Purpose of non-impairment prohibition
  • When obligation of contract impaired
  • Freedom to contract not absolute
  • Constitutional rights of the accused in criminal cases
  • Reasons for constitutional safeguards
  • Right to free access to the courts and quasi-judicial bodies
  • Right to adequate legal assistance
  • Rights of person under investigation
  • When rights can be invoked
  • Waiver of right of silence and to counsel
  • Who may not invoke the right to bail
  • Meaning of capital offense
  • Excessive bail prohibited
  • Right to due process of law in criminal cases
  • Right to presumption of innocence
  • Statutory presumptions of guilt
  • Right to be heard by himself and counsel
  • Meaning and purpose of arraignment
  • Importance of the right to counsel
  • Right to have a speedy, impartial, and public trial
  • Trial in the absence of the accused
  • Meaning of writ of habeas corpus
  • Purpose of the writ
  • How writ operates
  • Right to speedy disposition of cases
  • ¥ight against self-incrimination
  • Scope of guarantee
  • Nature of guarantee
  • Meaning of involuntary servitude
  • Purpose and basis of the prohibition
  • Right against excessive fi~es.
  • Purpose of the guarantee
  • Purpose of prohibition against imprisonment for debt
  • Meaning of poll tax. /'
  • Right against double jeopardy
  • Right to appeal in criminal cases
  • Classes of double jeopardy
  • Meaning of ex post facto law
  • Meaning of bill of attainder
  • Purpose of prohibition against bill · of attainder
  • Kinds of citizens under the Constitution
  • Loss of citizenship
  • Reacquisition of lost Philippine citizenship
  • Dual allegiance of citizens
  • Rights with corresponding obligations
  • Meaning of suffrage
  • Nature of suffrage
  • Scope of suffrage
  • Qualifications of voters
  • Age qualification
  • Residence qualification
  • Arguments justifying removal of literacy requirement
  • Property requirement prohibited
  • Other substantive requirements prohibited
  • Compulsory suffrage
  • Legislative power vested in Congress
  • Advantages of bicameralism
  • Disadvantages of bicameralism
  • Classification of powers of Congress
  • Principle of separation of powers
  • Principle of checks and balances
  • The Senate
  • Meaning of registered voter and residence
  • Number, election/selection and classification of members
  • Apportionment of elected representatives
  • Party-list and sectoral representation
  • Kinds of election for members of Congress
  • Freedom from arrest of members of Congress
  • The immunity cannot be invoked where:
  • Freedom from being questioned for speech and debate
  • Disclosure of financial and business interests
  • DisquaUfication to hold any other office or employment
  • Fiduciary position of members
  • Sessions of Congress
  • Officers of Congress
  • Powers and functions of Senate President and House Speaker
  • Meaning of quorum
  • Basis of quorum in each House
  • Adjournment in absence of quorum
  • Meaning and function of rules of procedure
  • Limitations on power to determine rules
  • Nature of power of each House to punish its members
  • Each House sole judge of disorderly behavior
  • Purpose of journal-keeping requirement
  • Matters to be entered in the journal
  • Adjournment by e•ther House without consent of the other
  • Electoral Tribunal in each House
  • The Commission on Appointments in Congress
  • Records of Congress open to public
  • Power of legislative inquiry and investigation
  • Scope of the power
  • Appearance of heads of departments before each House
  • War contemplated
  • Meaning of appropriations bill
  • Kinds of appropriations
  • Meaning of other bills
  • Meaning of budget
  • Submission of proposed budget by the President
  • Increase of appropriation recommended by the President
  • Prohibition against riders
  • Procedure in approving appropriations
  • Requirements with respect to special appropriations bill
  • Requirement to insure a balanced budget
  • Prohibition against transfer of funds
  • Rule as to discretionary funds
  • Automatic reappropriation
  • Prohibition against delegation of legislative powers
  • Prohibition against the enadment of irrepealable laws
  • Meaning of hodge-podge or log-rolling legislation
  • Steps in the passage of a bill
  • Certification of bills by the President
  • Meaning of bill
  • Meaning of statute
  • How statutes identified
  • Veto power of the President
  • Purpose of veto
  • Pocket veto not allowed
  • Meaning of resolution
  • Kinds of resolutions
  • Equity in taxation
  • Progressive system ot taxation
  • Delegation of taxing power to fix tariff rates, etc
  • Exemption of certain entities and properties from property taxes
  • The power of appropriation
  • Expenditure of special fund
  • President, the Executive
  • Meaning of executive power
  • The Vice-President
  • Reelection of President and Vice-President
  • Canvassing of returns and proclamation
  • Classes of Presidential succession
  • When vice-President shall act as Presi®nt
  • Where there are no President and Vice-President
  • Vacancy in the Office of the Vice-President
  • Rules in case of temporary disability of the President
  • Meaning of appointment
  • Appointment by other officials
  • Kinds of presidential appointments
  • Ad interim appointments
  • Kinds of appointment in the career services
  • Steps in the appointing process
  • Kinds of acceptance
  • Meaning of designation
  • Removal power Qf the President
  • Extent of the President's power to remove
  • Naturt3 and extent of the power of control
  • Power to insure that the laws be faithfully executed
  • Authority of Congress over the armed forces
  • Power to suspend privilege of writ of habeas corpus
  • Basis, object, and duration of martial law
  • Restrictions on the exercise of the two powers
  • Effects of a state of martial law
  • Meaning of commutation
  • Meaning of pardon
  • Object of pardoning power
  • Kinds of pardon
  • Effects of pardon
  • Remission of fines and forfeitures
  • Meaning of amnesty
  • Effect of amnesty
  • Pardon and amnesty distinguished
  • Authority to contract and guarantee foreign loans
  • Steps in treaty-making
  • Prerogative to address and appear before Congress
  • Meaning of judicial power
  • Giving of advisory opinions not a judicial function
  • Judicial power vested in one Supreme Court and in iower courts
  • Organization of courts
  • Quasi-judicial agencies
  • Importance of the judiciary
  • Independence of the judiciary
  • Jurisdiction of courts
  • Fiscal autonomy
  • Composition of the Supreme Court
  • Sitting procedure
  • Cases to be heard or decided en bane and vote required
  • Meaning of executive agreement
  • Meaning of power of !udicial review
  • Limitations on exercise of power of judicial review
  • Justiciable question distinguishe41 from political question
  • Exclusive appellate jurisdiction of the Supreme Court
  • Assignment of judges of tower courts to other stations
  • Administrative supervision over lower courts
  • Qualifications of judges of lower courts
  • The administration of justice
  • Meaning of good behavior
  • Procedure in rendering decisions
  • Meaning of decision
  • Form of decision of court
  • Time limitations mandatory
  • Submission of annual report
  • Independent constitutional bodies
  • Disabilities of members of Constitutional Commissions
  • Rules of procedure
  • Rendition of decision and judicial review
  • Composition of the Civil Servic;e Commission
  • Qualifications of members
  • Appointment and terms of office
  • Rotational scheme of appointment
  • Reasons for creation of the Commission
  • Scope of the Civil Service
  • Constitutional classification of positions in the Civil Service
  • The merit system
  • Non-competitive positions
  • Meaning of electioneering or partisan political campaign
  • Activities not covered
  • Right of government employees to self-organization
  • Powers and functions of the Commission
  • Purpose of providing a civil service system
  • Standardization of compensation
  • Ineligibility for appointment of elective officials
  • Exceptions to the prohibition
  • Composition of the Commission on Elections
  • Purpose of the Commission
  • Rationale of registration of political parties
  • Hearing of election cases
  • Regulation of public ujilities and media
  • Meaning of parole
  • Meaning of suspension of sentence
  • Free and open party system
  • Protection against harassment and discrimination
  • Composition of the Commission on Audit
  • Concept of examination, auditing, and settlement of accounts
  • Exemption of any government entity or its subsidiary
  • Submission of report to the President and Congress
  • Importance of local governments
  • Territorial and political subdivisions of the Philippines
  • Dual status of local governments
  • Meaning of decentralization
  • Reasons for granting local autonomy
  • Enactment of local government code
  • Mechanisms of recall, initiative, and referendum
  • Supervisory power of President over local governments
  • Supervisory power with respect to component units
  • Automatic release of share of national taxes
  • Sectoral representation in local legislative bodies

.........- -"'

12 . . ·
extbook on the



LL.B., UniverR ity of the Philippines Member, Integrat ed Bar of the Philippines ~'orm er Associ ate Professor, Far Eastern Univers ity




Philippine Copyright, 2005

ISBN 971-23-4207-7

No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devices or in any other form, for distribution or sale, without the written permission ofthe author except brief passages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation.
Any copy of this book without the corresponding number and the signature of the author on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same.


. tl. N

(.1.·J- 1
j : ; .

As the supreme law of the land, the Constitution is by no means selfexplanatory. Yet it is so important a document with which every citizen should be fa milia r as it directly and constantly touches every aspect of h is everyday life; indeed, to be r espect ed, obeyed and defended if our nation must grow and survive. This is the reason for the requirement that "all educational institutions shall include the study of the Constitution as part of the curricula." (Art. XIV, Sec. 3[1] .) To help fill the need for a book on the subj ect, particularly· on the college level, this modest volume, now on its eighth edition, has been written. In an attempt to make it easily understandable, the author avoids legal details and elabor ate citations of cases. The provisions are discussed section by section, amplified and explained in relatively nontechnical language for both the beginning student and the layman. The comments on the more important provisions, especially the new ones, occupy m ore space, s etting forth when deemed necessary, th e reasons for their adoption as wall as t heir practical s;gnificance. Also, much needE>d emphasis is given to the provisions on the rights of the citizens as it is imperatively desirable that they have adequate knowledge of them so that they may bett.er exercise their rights and discharge t heir corresponding obligations to others as responsible m embers of a democratic society.

May 2005


President Vice-President Floor Leader Assistant Floor Leaders Cecilia Muiioz-Palma Ambrosio B. Padilla Napoleon G. Rama Jose D. Calderon and Ahmad Domacao Alonto

Committee Chairmen and Vice-Chairmen
PREAMBLE, NATIONAL TERRITORY AND DECLARATION OF PRINCIPLES Chairman Vice-Chairman Decoroso R. Rosales Gregorio J. Tingson

CITIZENSHIP, BILL OF RIGHTS POLITICAL RIGHTS AND OBLIGATIONS AND HUMAN RIGHTS Chairman Vice-Chairman Jose B. Laurel, Jr. Joaquin G. Bernas LEGISLATIVE Chairman Vice-Chairman Hilario G. Davi de, Jr. Adol fo S. Azcuna EXECUTIVE Chairman Vice-Chairman Lorenzo M. Sumulong Florenz D. Regalado JUDICIARY Chairman Vice-Chairman

Roberto C. Concepcion Ricardo J. Romulo

CONSTITUTIONAL COMMISSIONS AND AGENCIES Chairman Vice-Chairman Vicente B. Foz Cirilo A. Rigos LOCAL GOVERNMENT Chairman Vice-Chairman Jose N. N olledo Jose D. Calderon

ACCOUNTABILITY OF PUBLIC OFFICERS Chairman Vice-Chairman Christian S. Monsod Jose C. Colayco

NATIONAL ECONOMY AND PATRIMONY Chairman Vice-Chairman Bernardo M. Villegas Jaime S.L. Tadeo HUMAN RESOURCES Chairman Vice-Chairman Wilfredo V. Villacorta Lugum L. Uka GENERAL PROVISIONS · Chairman Vice-Chairman Florangel Rosario Braid 'J.'eodoro C. Bacani

AMENDMENTS AND TRANSITORY PROVISIONS Chairman Vice-Chairman Jose E. Suarez Bias F. Ople STEERING Chairman Vice-Chairman
Jose F.S. Bengzon, Jr. Napoleon G. Rama

PRIVILEGES Chairman Vice-Chairman Yusuf R. Abubakar Minda Luz M. Quesada


Teresa F . Nieva


Jose Luis Martin C. Gascon

Chairman Vice-Chairman Francisco A. Rodrigo Efrain B. Trefias

Chairman Vice-Chairman Ser afin V.C. Guingona Edmundo G. Garcia

Chairman Vice-Chairman E dmundo G. Garcia Jose Luis Martin C. Gascon

Secretary-General Sergeant-at-Arms -oOoFlerida Ruth Romero Roberto M. San Andres


Abubakar , Yusuf R. Alonto, Ahm ad Domacao Aquino, Felicitas S. Azcuna, Adolfo S. Bacani, Teodoro C. Bengzon, Jose, J r. F.S. Bennagen, Ponciano L. Bernas, S .•J., ,Joaquin G. Braid Rosario, Florangel Brocka, Lino 0 . (Resigned) Calderon, .Jose D. Castro, Cris pino M . de Colayco, Jose C. Concepeion, Roberto C. Davide, Hilario, Jr. G. Foz, Vicente B. Garcia, Edmundo G. Gascon, Jose Luis Martin C. Guingona, Serafin V.C. Jamir, Alberto, Jr. B. Natividad, Teodulo C. Nieva, Ter esa Ma ria F. Nolledo, .Jose N. Ople, Blas F. Padilla, Ambrogio B. P alma, Cecilia Munoz QueRada, Mi nda Luz M. Rama, Napol eon G. Regal ado, Florenz D. Reyes, Jr. , Rusti co F. de los Rigor, Ciri lo A. Rodrigo, Francisco A. Romulo, Rica rdo J . Rosales, Oecoroso R. Sarmiento. Rene V. Suarez, Jose E. Sumulong, Lorenzo M. Tadeo, J aime S.L. Tan , Christine 0. Tingson, Gregorio J . Trefias, Efrain B. Uka, Lugum L. Villacorta, Wilfreda V. Villegas, B{!rnardo M.

Laurel, Jose B. Lerum , Eulogio R.
Maambong, Regalado E. Monsod, ChristianS.

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Bayang magiliw, Perlas ng silanganan, Alab ng puso sa dibdib mo'y buhay, Lupang hinirang, duyan ka ng magiting Sa manlulupig di ka pasisiil Sa dagat at bundok, sa simoy at sa langit mong bughaw, May dilag ang tula at awit sa paglayang mina.mahal Ang kislap ng watawat mo'y tagumpay na nagniningning, Ang bituin at araw niya, Kailan pa ma~y di magdidilim. Lupa ng araw ng luwalhati't pagsinta Buhay ay langit sa piling mo. Aming ligaya na pag may mang-a.api Ang mamatay nang dahil sa iyo.



Ang bayan kong Pilipinas Lupain ng ginto't bulaklak Pag-ibig nasa kanyang palad Nag-alay ng ganda't dilag At sa kanyang yumi at ganda Dayuhan ay nahalina Bayan ko binihag ka Nasadlak sa dusa lbon mang may layang lumipad Kulungin mo at umiiyak Bayan pa kayang sakdal dilag Ang di magnasang makaalpas Pilipinas kong minumutya Pugad ng luha at dalita Aking adhika Makita kang sakdallaya


Pledge of Allegiance to the Philippine Flag

Ako ay Pilipino Buong katapatang nanunumpa Sa watawat ng Pilipin.as At sa bansang kanyang sinasagisag Na may dangal, katarungan at kalayaan Na pinakikilos ng sambayanang Maka-Diyos Maka -tao Makak alikasan at Makabunsa


................... Purpose and necessity of government.......................... Advantages and disadvantages of a written constitution............................................. THE STUDY OF POLITICAL SCIENCE 1.......................... .......... 6................................................. 5......................................... ......... 2............................................. 4................................................ The pre-Spanish............................ The Provisional Government of 1986 ................................................ State distinguished from government......................................... ............. .......................................................... ...................... CONCEPT OF CONSTITUTION 1.......... iii tv vii vm ix x INTRODUCTION A........... 3.......... .......................... 8 8 C... Nature and purpose or function of constitution........... Function and importance of political science ........ Elements of state ............ Government during the Spanish period. .... .......................... ........ 5..... Goal in the study of political science courses........................................................ THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION 1.............................. 5.... Interrelationship with other branches of learning...... xi 18 19 19 20 21 ......................... Kinds of constitution.............. 3. .............................. ...........................................TABLE OF CONTENTS Preface ...................... Pledge of Allegiance to the Philippine i<'lag ................. Meaning of constitution..... The previous Philippine Republics ........ 5 6 7 7 6................................................................ Forms of government.............. .. 10 11 12 14 15 16 17 D..... 3........ The 48 Members of the 1986 Constitutional Commission .......................................... Meaning of constitutional law..................... Bayan Ko . 7.................................. CONCEPTS OF STATE AND GOVERNMENT 1.... government..... Governments during the Revolutionary era.................. .............................................................. ..... ............................. 3................... Governments during the Japanese occupation........................... ......... ............ Pambansang A wit ng Pilipinas ................... 2.................... ...................... Governments during the American regime ....................................................... ................................................. ..... Origin of states .. 1 1 2 4 4 B.............................. Meaning of state....... .... ... 4.. ...................................... ...... . 5 2.. Meaning of political science....... ............ ................... ......¥. Scope of political science ....................... State distinguished from nation .................. ............................................................................. ....... 4.... ................ Officers of the 1986 Constitutional Commission......... ................................................................................................. 2... 5.. 7...

.................. . ............... ......... Rule of t he majority .... .. Belief in Crt>d stressed ....... .. .... ...... ...... ........... ...... 23 24 26 28 29 30 PREAMBLE 1. ... 5 .... .... ............... ........ Meaning of P reamble .... Three-fold division of navigable waters......................................... .. ................... 7... ..... ............ .. ................... 9 ... ... . Jurisdiction over n avigable w&....... .... ......... 2.. 8 .... Authority to interpret the Constitution.. P urpose in int erpreting the Constitution ... 4... Manifestations of a democratic a nd republican state...... .. ...ters ..... National Territory of the Philippines. ................ 44 44 45 45 SECTION 2 1............... .. ............. ...... ... ..... ...... ......... 7............ ......... .... .................... ... .... ......... 8............................ 3..... 3.. ... ... ........... . ............. Object and value of Preamble.......... ....... ....... ............ ... .... ................ Attainment of the constitutional goals ....................... Th e Philippines ................... ............ .................. ................ . 6........... Source of Constitu~io n's aut hority........................... ... The 1935 Con st itution .......... ............................................. .................. 9.............. xii 46 ... .. ...................... ....... 2..... . 3............... 5.. ........... .... Renunciation of war as an instrument of nationa l policy ... ........... ..................... . Meaning of a rchipelago . ........ Changes in the Preamble ............DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES SECTION 1 1....... CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES 1...... .................... .......... ...... 8.. ....................... ......... N ational purposes and aims in adopting the Constitution....................... The 1987 Constitution ......... ............ 4..... ...... ..... .. Constitution distinguished fr om statute ..... 5... ............................................ ...... Other territories over which the PQilippines has sovereignty or jur isdiction ... ................... 6.. 1............ .. ..... 38 39 39 39 40 41 41 42 42 ARTICLE II........ ... ..... ........................... ........... .................. .. ........... 4............................ .......... Sovereignty of the people ...... Other a reas included in the Philippine archipelago.. ... ............ 6............. ................................ ...... ........... .. The archipelagic concept or principle of terr itoriality... Requisites of a good written constitut ion .. ................... 4........ ......... . a democratic a nd republican state...... ...... .. .....................6. ......... 3.. ....... ... .. Crt>vernment of law and not of meu ..... .... 21 22 22 23 E....... ...... 7................ 2............. ............. The 1973 Constitution ....................... .... .................... ....... ... The Philippine position .......... ................ ....................... . ............ .............. ....... ....... Basic p rinciples underlying the new Constitution ... . Right of the people to revolt .... . ...... 2.................. .... :.............. Preamble not essential in a constitution . ............... 32 32 32 33 33 34 34 35 ARTICLE I - NATIONAL TERRITORY SECTION 1 Necess ity of constitutional pr ovision on National Territory .... ....................... .............. ...........

.... Adoption of the generally accepted principles of international law as part of our law . .. 56 SECTION9 1................... .... Supremacy of civilian authority over the military.. . ................ . ................ .................. 2......... ........ .. Meaning of "establishment of religion clause".... ....... ... ....... 2.................... Adherence to t he policy of peace.... ......................... No hostility towards religion ..... .......................................... ....... 51 SECTION6 1............ .. ..... etc. 52 52 53 STATE POLICIES SECTION7 1........... 49 50 50 SECTION 5 1..... ...... Freedom from nuclear weapons policy ..... 54 SECTIONS 1......... ... . ... Principle of separation of the church and State ....... 57 SECTION 10 1........... Prime duty of the Government. ..... ................ Mai ntenance of peace and order............... 57 SECTION 11 1... ..... 4-6 47 SECTION 3 1............ .... ......................... Human dignity and human rights........ 57 SECTION 12 1............................... Military and civil service by the people... ..... Defense of the State by the people against foreign aggr ession .. protector of the people and the State..................................... ...... 48 48 SECTION 4 l....... ... ............ .... . Foreign policy of the Philippinl:lS ...... 3... Strengthening the famil y as a basic autonomous social institution .............. ............... .....2....... ............. ............ ....................... etc....... Social justice .. Just and dynamic social order.... ................. 3.................. ................................. .. .......... ...... Armed Forces of the Philippine<>...... ... .............. ....... ...... xiii 58 58 .. .. ............................................................... 3............. ................ 2.................. .............. ................ with all nations.. 2..... ............. ...... .......... ....... Right to life of the unborn from conception and of the mother .................... .......

........ community-based or sectoral organizations ...... . .......... Comprehensive Tural development and Ul(Tarian reform...... .......... Rearing of the youth for civic efficiency and development of moral character ........ .....ion-building .... ........ ....... .... ......................... . Labor as a primary social economic force .......... 59 SECTION 13 1...... ........... 64 SECTION 17 1.......... ........ 67 SECTION 22 l............. Right r.... :........... .. ........................ ............................. .... ..........3........ 60 SECTION 14 1....... ...... ~on-governmenta l .. ... .. ... Self-reliant and independent national economy.............. ...f the people to health ..... ...................... ... .... ....................................... .... ........ xiv 69 ....... arts............. Vital role of communication and information in nat...... .......... ....... Role of women in nation-building... 62 SECTION 15 1........ ... S-1 SECTION 19 1.......................... .................... 66 SECTION 18 1..... ....... ...................... 66 SECTION 21 1......... ... . .... ...................... 67 SECTION 23 1..... .. 68 SECTION 24 1. Role of the yout h in nation-building. ................... ............ Priority to education.................. 64 SECTION 16 1.......... 66 SECTION 20 1.... ....... ............................ ........... culture and sports ......... Rights of indigenous cultura l communities ... ...... ...... ..... ....... Right of the people to a balanced and healthful ecology ...... ....... Role of the private sector i n the economy ........ science and technology............ ...

.................. 70 SECTION27 1.................................. Honesty and integrity in public service ... 2.... ............ .............feaning of property..... 12................................. 11............... ....... 2... personal...... KV 86 ........... 2......... 5............. ................................................... 5............................................ 7.. Classes of rights ... .................................................. Meaning of due process of law............ When search and seizure may be made without warrant ................................................... Persons protected .......................................................... 4.. 4...... .......... . Meaning of search warrant and warrant of arrest................................ Sufficiency of de::.... Substantive due process.......................................... Meaning of life.................... 76 76 77 78 78 78 78 79 79 79 80 80 SECTION2 1........... ............................... Equal access to opporluni ties tor public service........................... i\..................................... 9......... 9................ Meaning of liberty............................ ....................... ......................... 10.......SECTION23 1........................ 7......... 10........................................................................... 73 73 74 75 SECTION 1 1......... 3...................... 81 81 8~ 82 83 83 83 84 85 85 SECTION 3 1........................ 69 SECTION 26 1....................... State authority and individual freedom................................................... 3. ............... lVteaning of probable cause.............................................. Scope of the protection........ Full disclosure by the State of all its transactions ...... Classification of constitutional rights.. ...............................cription ............ion permitted.................. 72 ARTICLE III -BILL OF RIGHTS 1.............................. .......... Meaning of equal protection of the laws. Reasonable classificat.................. Scope of the guarantee....... 8...... 4..................... When search and seizure unreasonable............ upon which warrant is based.......... Autonomy of local governments ......................... 3..... 6................................ When arrest may be made without warrant.......... Aspects of due process of law.................................................. ........... What constitutes deprivation ........ 71 SECTION 28 1.......... .......................... Procedural due process........................ Meaning of right of privacy... 8..................... Concept of a bill of rights .............................................................. Sufficiency of affidavit......................... Right against unreasonable search and seizure............................................................................................................................................................................ ...... Requisites for valid search warrant or warrant of arrest ........................................... 6................................................... .............

............................ 6... ............. .. ............................. ......................2................ . ... .................... Religious test prohibited ...... ........... ......................... Scope of the right............ .......... ......... .. Freedom of expression not absolute ......................................... ..... ................. .. .... .............................. 88 88 88 88 89 89 90 90 SECTION 5 1...... ................ ......... ......... Essential or inherent powers of government . .. etc...... Meaning of liberty of abode and travel ...... .... ............ . Scope of freedom of expression..... 2................. ... 5.. 7..... . 2......... ........... 4.............. ............................................ Meaning of "taking" . Meaning of right of assembly and r ight of petition.............................. ............... Meaning of police power ........... ........... ....... Evidence illegally obtained ............... . ...... ....... J\..... .ieaning of right to form associations... ....... Meaning of religion ..... .............. ............................... ................ ........ ... ................................ 4.. 86 86 87 87 SECTION 4 1..... Dissemination of religious beliefs . ......... 8....... .............. Freedom of religious profession and worship....................... Aspects of religious freedom .... ........................ .. 7............... .... 2............ ............... 5.......... . ........... ...... .......... ............ Scope of t erms "speech.................. . ..... . .............. .. Right to information on matters of public concern...... ....... "vi 97 98 98 99 99 99 100 .. Meaning of religious freedom ..... 3..... .......... ......................................... .................. ............... ... .................. Meaning of eminent domain . 91 91 91 92 92 93 93 SECTION 6 1............. .. 7...................... ........ ... .. Relationship with right againBt.... ... .... . Conditions for or limitations upon its exercise.................... ............... and of the press ............ Limitations on t he rig ht............. Illustrations of police power laws ............ ........ of expression......... . 2..... ....... Relationship with freedom of s peech and of the press.... ...... 95 96 96 SECTION 8 1. .......... Limitations on the right ....... ......... License fee or tax on sale of religious articles ......................... Abridgment of ireedom of speech and of the press................ ............... .. .. ................... ......'' "expression" and "press" . .......... ............. Basics and purpose of the provision ..... unreasonable searches and seiz !lres ..... 3.... ....... 94 94 SECTION 7 1.............. ......... ..... 5.... . 5..................... .............. ...... ........ . . ........... 6.... Limitations on the right .......... ............................ .... a............... .. .............. ... ................ ..... ....... 2......................... ................ 3....... ................ 4. ... 3....... ....................................... .. ............................ .......... ......... 3............ Importance of the guarantee ................................. ..... ............... .............................. . 2..... . 96 97 97 SECTION9 1....... .... Purposes of the guarantee.... ............. Limitation on the right....... ......... Meaning of freedom of speech..... Basis of police power ......... 6. ... ... ............................................. 4.................................................

...... Rights of person under investigation .... ....... .... .............. Theory and basis of taxation ....... .......... SECTION 10 100 100 101 101 1.................................................... Effect of violation of the rights. Meaning and purpose of arraignment ........... SECTION 13 106 106 107 107 1. 8.... ................. Trial in the absence of the accused................................ 4......... 2............ ..................................................... and public trial...................... 4...... Right to compulsory production of witnesses and evidence................................................................................ Freedom to contract not absolute.... 5................................................ Purpose and for1n of bail ..................................... ...................................................... impartial.......... 11................................................................................ 2.............................. Statutory presumptions of guilt....... Waiver of right of silence and to counsel................................................... 10............... 3............ ........................................ Right to adequate legal assistance ......................................... Right to have a speedy........................... 9. Meaning of obligation of a contract . ... 3........................................... .......................... Right to presumption of innocence .............8.. xvii 115 . ... 9...................................... 4... SECTION 12 103 104 105 105 1.. .................. 3......... .................... 5............................................. .... 4.............................. Right to be informed of the nature and cause of the accusation against him ................. .. Meaning of taxes. Right to free access to the courts and quasi-judicial bodies............ 4........... ............................................... 10........................ Distinctions among the three powers.............................. ................. Importance of the right to counsel....... Purpose of non-impairment prohibition....... .................. 7..................................... ....... 2.............................. ........................................................ Meaning of taxation................. .......................................... 5........................ Right to be heard by himself and counsel........ Scope of terms "law" and "contract" ......................................... 2................. SECTION 14 107 108 108 109 109 1.................of witnesses............... Meaning of writ of habeas corpus ....................... Wben obligation of contract impaired.......................................... 11............... Meaning of capital offense .. ................................................................. Who may not invoke the right to bail................... 6.......... 2...................... When rights can be invoked...................... Right to confrontation............ Right to due process of law in criminal cases ...................................... Meaning of bail ...... SECTION 15 110 110 111 111 112 112 112 113 114 114 115 1................................. ... Constitutional tights of the accused in criminal cases.......... ................................................. SECTION 11 102 102 102 103 103 1................... .................... 3........................ ... ................... ........ Excessive bail prohibited ................ 3......... Reasons for constitutional safeguards ....

Meaning of ex post facto law ....... .... .. . ....... 3................ ... .... ................... .... .... ... 2. ..... ............. 125 125 125 126 126 SECTION 21 1............. ....... ......... ....... . ...... J\... .... Meaning of bill of attainder..... .... ........... . .... 3. ....... .................... ............ ...... 122 122 123 12:3 SECTION 20 1. ..... .. 2..................... ......... Prohibition limited to contractua l obligations only .. ........... .................... ....................................... ... . ............... ......... ................... ..... ....... ... 117 SECTION 17 1... 120 120 12 1 12 1 SECTION 19 1............. ..... .... .... ............................. ...... . .. .. ..... .. .......... ............... ..... .. .......... ....... .. . Purpose of the writ....... Exceptions to prohibition. . .... ... ............. ........... Nature of guarantee . .......... .. ........... ....... ................... ....... ............. ................. Right agai nst self-incrimination ....... ...... ................... ................. ... 116 116 116 SECTION 16 1.........2.................. ........ ...... ....... ... ................ ........ ............... ... Requisites for existence of double jeopardy....... Right aga inst detention soleiy by r eason of political beliefs and a spiraticns ............. . ............ ....... . 3................................... 3................. . .. P urpose of prohibition against bill of attainder . ..... 3..... .... ...... 4.. ........ Classes of double jeopa rdy ... 2.. Meaning of involuntary servitude .... 5................ Right to appeal in criminal cases ................ ........ ............ ....... .......... ............... ...... . Right aga ins t cruel ..... ...... 3...... .. .............. . ... ...... .. ........... Meaning of poll t ax ........................................... ... ................ .... Imposition of the death penalty . ............. . How writ operates .. .. or inhuman punishments . .... ......... .. .... S cope of guarantee ..................... 126 127 127 127 SECTION 22 1....... .. ... ........ ...... degrading.. . 118 118 118 :i 19 SECTION 18 L 2.......... .. .. ...... 4.............. .......... .......... .. ................ 2............ S uspenflion of the privilege ofthe writ..... .. ........... 4..... ............ Form of t estimony prohibited . .......... . ..... ........ ........ 4......::-:................. ............ ........ Right against double jeopardy..................... ........................ ............. .... . ............................. ................. ....... .......... ... ..... ..... . P urpose of prohibition against imprisonment for debt ............... .. ............. ... 128 128 128 129 xviii ...... Purpose of prohibition against imprisonment for non-payment of poll tax ... ........................leaning of debt .. ..... ......... .......... . ...... ....... Purpose of the guarantee .... .... . Character istics of ex post facto law ...... . ...... Right again st excessi ve fines .. .............. ....... 4. ............ ........... ........... ....... . ................ 2...... . 4.. ..... .. ..... ................. .............. ..... Purpose and basis of the prohibition ..... 3...................... 4............. Right to speedy dispos ition of cas es ..........

..... ................................. ................... ......... ..................... ............... 12........... .............................................. 8..... 10.. Age qualification............. ................ Distinguished from nationality and nationals ...................... ........... xix 144 144 144 145 145 146 146 147 147 148 149 150 9........................................................................................... 3..................... 11....... ............. 5.......... 2.............. Effect of marriage of citizen to an alien.................... 3..................... Scope of suffrage.................. 8.... Meaning of citizenship and citizen .................................................... ...... . 10.................................... ............... SECTION2 1.. .... Ways of acquiring citizenship by naturalization ........... Citizens through el~ction under the 1935 Constitution ... ..................... 137 1:18 139 140 ARTICLE V................. Rights with corresponding obligations.... ...................... Property requirement prohibited........................... .......................................................................... 6.... ............................. ...... 135 SECTION3 1.............. .......... ................................................. 5............... 4. Nature of suffrage ..................... ....... 2............... . ...................................................................... . 9....... 11.......... .............. Citizens at the time of the adoption of the Constitution .................. Kinds of citizens under the Constitution ................................. 6........................ General ways of acquiring citizenship ........................ 137 SECTION5 1.. Reacquisition of lost Philippine citizenship .............. Meaning of suffrage ........................................... 136 137 SECTION4 1......................................................... Citizens by blood relationship .............. ............. 130 130 131 131 131 132 132 132 133 134 134 134 ....................... Compulsory suffrage . ......................... .................................................ARTICLE IV.... .......CITIZENSHIP SECTION 1 1....... ........................................... {....... . .. Duties and obligations of citizens.............. 2....... 3.............................. Retention and reacquisition of citizenship . Persons disqualified td' vote................ ............... Citizens by naturalization ..... Qualifications of voters................................... 7................ Other substantive requirements prohibited..................................... Meaning of subject and alien .................... Loss of citizenship ....................... ..................................................... Arguments justifying removal of literacy requirement............................................... Residence qualification................ Nature of naturalization .........SUFFRAGE SECTION 1 1.......................... 12......... Meaning of naturalization ................ .............................................. ...... ........ Citizens by birth ............. Arguments justifying the lowering of voting age from 21 to 18 ............ ....... ......................... Dual allegiance of citizens .................. 7........... ......................................... ........................ 2....

...................... ........... ...... ......... 153 '2............... 165 SECTION 11 1...... el ection/selection a nd classificat ion of members ... System for securing the secrecy and sanctity of the ballot ... 7. When immunity cannot be claimed .......... ... Meanin g of r egistered voter and r esidence .............. Scope of legislative power of Congress ... ......................... 4.. ........ ................................... ................... Apportionmen t of elected representatives ............. 3 .......... Dis adv ant ages of bicameralism .................. ..... 4............ 3. The House of Repre~ entative s ................ ............ When immunity cannot be invoked .... ..... :....... ......... ......:epre sentation .......... . ................... ..........s ..... .. . ..·oting by qualified Filipinos ... Principle of separation of powers............ .............. ................. .......... . ........ . ............... 3................... .......... .. .. ........~. ....... 160 161 162 163 SECTIONS 8-9 1........ .......... ........................... ........... .... ...................... ..... ....... 2.... ... ..... 6. . ....................... Number......................... ....... 5... .............. .. .............. .......................... ..... ......... Kinds of election for member s of Congress ................... ........................... .............................. ..... 165 166 166 166 SECTION 12 1. 10.. ........ . ..... . XX 167 ........ ........ ...... 158 159 SECTIONS 5-7 1. ............. Freedom fro m arrest of members of Congress .................... .. ....... ....... 1.... ....... 8 ....... Disqua lification to hold any other office or employment ............................... ..................................... ..... Principle of checks and balances...... ......... .......................... . Clas5ification of powers of C ongress ..... . . ..... ....... 167 SECTION IS 1.... Advantages of bicameralism..... .................. ....... ... ........... 4............. ... ......................... . .......... 2............ Freedom from being quest ioned for speech and debate . ........ The S enate. 153 153 154 154 154 155 155 156 157 SECTIONS 2-4 1......SECTION 2 1......... Party-list and sector a l .. Legislative power vested in Congr ess . Disclosure of financial and business interests .. .................. Meaning of law .... .... ......... ........ 164 SECTION 10 1........................... ................ .. ... Salariel:l of members of Congress .. .. ....... ........ ..... ... ... . ................. ................. 2............ 2............ . ......... ........ System for absentee ........ ......... ................... ... 151 152 ARTICLE VI......... ............... .. Function of Ia v....LEGISLATIVE DEPARTMENT SECTION 1 Meaning of legisla tive pov1er ..... 9. .......... ............

. ........ 8....... ................. Matters to be entered in the journal ....................................... ........ ................... .... 171 171 172 172 172 173 173 173 174 174 17 4 174 175 175 SECTIONS 17·19 1................. 2.......... 178 SECTION 21 1... ...................................... Meaning of legislative journa l ............................... . Scope of the power... ............. 5.. ...................... Fiduciary position of members ... ... Adjournment by either House without consent of the other............. ......... ................... ............. .... .. ......... ....... Adjournment in absence of quorum . ........ .................. ............................... 2.............. .. ........................... ............ . ....... Limitation"t on power to determine rules......... Each House sole judge of disorderly behavior...................... Records of Congress open to public... ............... . . ...... ..... ............... 10..................................... .... ...................... 180 SECTION 23 1..................... ...... .... .. 11. . ............ Electoral Tribunal in each House ... ...... .................................. Purpose of journal-keeping requi rement.. 14.......................... ....... . ... .. ..... ............................. 2........ 3. Meaning and function of rules of procedure................. .. 170 SECTiON 16 1....... ............. .· 12.......... Kinds of appropriations ........ Votcsrequired................ ..................... 3........ Nature of power of each House to punish its members........ ... . 179 179 SECTION 22 1... ............... ... . .... ....... ........... .... 176 177 SECTION 20 1... Powers and functions of Senate President and House Speaker ...... ............. 9...... . Meaning of quorum ..... 181 181 181 SECTION 24 1.. The Commission ~n Appointments in Congress .... Appearance of heads of departments before each House ............. . ........ ...... 4.................. 2............... ................ ...................... ............... .............. 2............................... . Sessions of Congress ........... ................ . ... . ............................................... Power to declare existence of a state of war........ 169 SECTION 15 l.... ...SECTION 14 1...... ... 13.. Basis of quorum in each House ........................................................ .... Power oflegislative inquiry and jnvestigation ............ ........... ....................................... . . Meaning of appropriations bill. .... ................ .... .. Delegation of cmerge11cy powers .... ... ...... ........ . .............. .... .... ....................... ................................ War contemplated ......................... ................. 7.. .. Officers of Congress ... 6... ....... xxi 182 182 .

............. 10......... ..... .. ........ ............. ........................... ... UAe of resolutions ........... ........ ..... . .............. ......... .......... .... ............. ...... U niformity in taxa tion.. . ... .................. .. 11...................... .... ......... .. .. . ................... .... 8. ...... .. ........... ..... ....... ..... 4... 7...... Procedure in approving appro priations .... ............ ........... ..... . Purpose of provision requiring three readings of bill .... Exceptions to the requirement ........ ........ Requirements a~:~ to subject a nd ti tle of bills... 2. Meaning of bill .... ....... ... 9.. ........ ......... .... .... 10................... ...... ......... ..... . Effect of violation of requirem~n t ... 9.............. ........ ..... ................ ........... 3....... ....... Submission of proposed budget by the President................ . . ........ ........ .... 2...... ............ ............... ..... . 5.. ...... .......................... When partial veto aJlowed ...... ...... ........... ..... 4..... .... .......... .... ... ......... ..... ..... ......... ....... .. etc.. Veto power of the President ............ ......... . . .. ... ... ..... 4...... ....................... ............ ........... .... .. 7... :Meaning of other bills.. Pock et veto not a llowed .... ........ . ...... . . ............... 3.............. ......... Progr essive syst em of taxation..... ... .. 2.. .. 5......... When bill may become a law ..... . ................ ............................ ............ ........ . ....... ........ ......... . .. .. . ..... .......... .... ...... ......... ....... ... . 3.......3.. ... .... ............... . Prohibition agains t the enactment of irrepealable laws.................. . .. ...... ............. ....... ...... How statutes identified ........ ...... .. .......... ..... .................... 4................ .... ..... ......... .. ........ ................... ................ 10.... . ....................... .... ...................... .................................. ... .. ...... . ........ ..... ................................... ......... .... Bills which must originate exclu ~ ively in the H ouse of Representa tives.............. Prohibition agains t delegation oflcgislative powers ...... .. .... ... Automatic reap propriation ...... ................... .. . . ..... . . ........ .... Limitations on the power of Congress .. ... . .. ...... . .. .. a nd nays be en tered in the journa l . .. Meaning of stat u te . .......... .. 6.. .......... . 194 194 194 194 195 195 196 196 196 196 197 197 SECTION 28 1............ ................... . ................ ... ..... 183 183 SECTION 25 1. . ......... ... ...98 198 199 199 199 .... .. ..... ............ ....... ........... . 2....... Meanin g of hodge-podge or log-r olling legislation .................. ...... ... ..... ... ... Purpose of requirement that yea:... ..... Requir ement t o insure a balanced budget..... . P urpose of veto . ...... Prohibition against transler of fun ds .......... ...... . ..... .... ... . ...... .... 188 189 189 190 190 190 191 191 l92 193 193 SECTION27 1.. Requir ements with respect io special appropriations bill.................. ....... 6.. . ... ... .... ........... ...... ... 12..... ........... .. .... 7...... .............. .... ... ...... .... .. ......... Mea n ing of resol ution....... .......... .... ..... 9.. .. .... .... ...... .... .. .... ... ........ ............ ....... ...... Delegation of taxing power t o fix t a riff rat es........... Steps in the pa8sage of a bill . .. ....... .......... .... 6....... ..................... .. Certifica tion of bills by the President .... . .... ...... ................................ ....... ..... .. .... .... .... ...... ..................... 11........ ... xxii 1. . ......... ..... ........... lncreaae of appropriation recommended by the President. ............. Meaning of bu dget... ... ...... ........ . ...... ... . ...... ... ........ ........ ... Equity in taxation .. 8... Exe mption of certain entities and properties from property taxes. .. ... 6.. .. . ........ . . .. ........... ... . Forma] parts of a Ja w.... . 185 185 185 186 186 187 187 187 187 188 SECTION 26 1.... .... . . ..... ... ......... ...... Rule as to discretionary funds ......... .... ... ........ .. . .... ......... ................ ........... 8... 4..... ......... .. .......... 5.. ....... ... ................. ... Kin ds of r esolutions .... 3. ....... . Prohibition agains t riders.

. ... ........................... ....... and office....... . Election contest involving the position of President or Vice-President . ........ q ualifications of the President and Vice-President... ... .. .... ..... ....... ... .................. ....... 2.. .................. ..... 203 SECTION 31 1...... right L(> hold office. ....... ............. ......... .. 3. 6. ..... . .......... .... .................. ... 200 20 1 20 1 202 SECTION 30 1....................... .......................... ............. 4... Votes req uired for grant of t ax exemption . ............ Term of office of t h e President and Vice-Pre ~ident ............. ..... Canvassing of r eturns and proclamation .. 5....... Oath or affirmation of the President... . or Acting President.. ..... ............ ...... .. Mean ing of initiative a nd referendu m ...gainst r e-election of Pr esident .......... 208 209 209 210 210 211 212 SECTION 5 1.................... ......................... Term of office distinguished from tenure of office................. ............. .......... Reasonll for proh ibition 2...... . xxiii 212 . ............... Meanin g of ~ app ropria~ion made by law" ...... . President.. Reelection of President a nd Vice-Presi dent . ................... ... . 7.... .. .. ..ibitiun against gr anting title of royalty or nobility........ Expenditure of special fund..EXECUTIVE DEPARTMENT SECTION 1 1..... 206 206 SECTION 2 1..... ...... .... 2.............esident .. ....................... Meaning of executive pow'3r .... . .............. .. ........... 2....... P r ol-........ . .............. . E lection of t h e Presi den t and Vice -P resident ............ ........ Vice-Pr............ ................ . .............. .. 20~ SECTION 32 1...... ................. The powe r of appropriation .6............. ..... ...... . t he E xecutive ...... .. ......... ........... 3........... ..... .................................... 207 SECTION 3 1.................... ................... ..... ............. ... ...... ......... 4........ The Vice-President . ....... . ........ ...... .......................................... ..... 207 SECTION 4 1. . . ... .. . Law increasing appellate juris diction of Supreme Court ....... ... ... P rohibition against "JSe of public money or property for religious rurpose . . · C ongress to provide a system of initiative and referendu m .. 2............. 204 204 ARTICLE VII..... ....... . .. .. .... .......... ... ................................ ~00 SECTION 29 1........ ... ... ............

.......... .................. ....... ....... .......... ............... ....... Appointments preceding a presidential el<:>ction .......................................... .. ....... 5. ... ..... Kinds of presidential appointments .......... ..... ....... ... .......... ... Vacancy in the Offices of both the President and Vice-President..... ....... Meaning of appointment .... ......... . ... .............................. ............................ 216 SECTION 10 1.. ........................... ........ 216 SECTION 11 1........... . . When Vice-President s h all act as President ..... .. ......... SECTION 12 217 1... Ad interim appointments . Disabilities of President ..............SECTION 6 1... ... ..... 7............. .... ... Rules in case of temporary disability of the Presiden t............. ... 218 SECTION 13 1.. ... ........ .................. Appoint ments extended h..... Officials whose appointments are vested in the President....... .. xxiv 222 222 222 223 224 224 224 225 225 .. . .. ..... Where there a re no President and Vice-President.. ......... ........ .. ..... 8.... ........... ...............t. 3............... ......... . ... 219 220 SECTION 14 1........... Nat.re of power to appoint .... ............ ... .... Ml~m bc rs of Cabinet. ..................... 4...... 4... ..... 213 SECTIONS 7-8 1... Confirm ation of appoint ments by Commission on Appointments ........ ..... . and their d eputies a nd assistants ... 221 SECTION 16 1. ................ .......................... Vacancy in the Office of the Vice-President .. 220 SECTION 15 1. ........ Steps in the a ppointing process . .................. ............ .. 2... ......................... ....... ............ .......................... ..... ..... .. 9....... ........ ... Official r esidence and compensation of the Presid~nt and Vice-President.......... 6. 2........... . .... When Vice-President shall become Prc!:!ident .. Kinds of appointment in the career services ....v an Acting President.... 214 215 215 215 SECTION9 1... ........... .................................... . Rule on nepotis m . .·... 2...... ......... Vice-President. .... ...... When public to be informed of Prt~sident's state of health..... ...... Appointment by other officials.............. .............. .. Classes of Presidenti al succe!!sion .. .... 3.. .... ... ..................... . ... ..... . ........ ..

........................ XXV 239 .... ............ .... Effects of a state of martial law........... Basis............................ Meaning of designation ......... .. Meaning of commutation .... . ........ .................. .. Meaning of amnesty.......... ... 12....................................... 8....................................................... 12...... ........ Effects of pardon................ ............... .......... 5......... ....... Nature and extent of the power of control............................................. 13. 229 230 230 230 231 231 231 232 233 SECTION 19 1........................................... ........................................... Remission of fines and forfeitures ... ................... ............ Meaning of martial law ....... 3.............................. ..... ..... 7............ 3.... ....... .......................................... Object of pardoning power .......... 11................... 9........... 234 234 234 234 235 235 235 235 236 236 236 236 SECTION 20 1......... ............. ..................... .. Authority of Congress over the armed forces............................................. Limitations upon the pardoning power................. Effect of amnesty........................................ ............................................ Power of control over all executive departments. ...................... ...... ........................................... .......................... ....... .................... 237 SECTION21 1.......................... Removal power of t he President........................................... ....... ............................. Power to declare martial law ............... 9................ 8........................ .... 1.. Meaning of reprieve and suspension of sentence .............. object...... .......... 238 238 239 SECTION22 1............... ............................................ .. 4.............. 2..... Budgetary power of the President.. ........... .. 4............. Restr ictions on the exercise of the two powers ........ Kinds of pardon ... .......... 226 226 226 227 SECTION 17 l.......... ........................... ..................: 6. .. Authority to contract and guarantee foreign loans ...................... .... 11..... 3. 10...... Distinguished from international agreement and ex~utive agreement .......... .......... .... ............ ....................... ................... . ........ 2.... ... ...................................................................... .......... and duration of martial law.. ... ..................... .................... 5.............................. Pardon and amnesty distinguished....... ......... ................ ............... .. ... .. ............................ Extent of the President's power to remove..................................... .................... ........ 2..... Powers of President as Commander-in-Chief of the Armed Forces .......... ............... ...........10. ..................................... Power to suspend privilege of writ of habeas corpus ............ ......... bureaus and offices .. ...... Steps in treaty-making.. ....... ............................................ 6........................ Pardoning power ........................ ............. ... ............. Meaning of pardon ............. . ................................. 227 228 228 SECTION 18 Military power of the President ......................... ..... .. Power to insure that the laws be faithfully executed... . Kinds of acceptance..... 7......... .................. 3......... Meaning of treaty .......... ...... . 2..............

.... SECTION 3 Fiscal autonomy ............... . ......................................... ....................... ..... Exclusive appellate jurisdiction of the Supreme Court... . .............. ... 6............... Organization of courts ........ ......... Meaning of executive agreement... 8. 5..... 2........ 6............................. 8.... SECTION 4 247 l... 3. Power to apportion jurisdiction of various courts vested in Congress ........... .........:...... 7. ....... ........... 248 248 249 250 250 250 251 251 SECTION 5 1...... ...... Justiciable question disti n guished from political question .......... ... ....... ..... .......... ... ......................... ........ Limitations on exercise of power of judicial review ............................. . 253 254 255 255 256 256 258 259 259 SECTIONS 1...... ...... ................ .. .............................. ...... .... ................................... 8.................. .... Administrative supervision over lower courts .................. 4...........................................SECTION 23 1................. Classes of executi ·1e agreements ..................... Scope of judicial power ......................... 3............ Appointment of officials and employees ......... Limitations on the rule-making power of the Supreme Court ....... Independence of the judiciary ...... . ..... Meaning of power of judicial review............... ..... 246 247 1................... ............... ......................... 2. 240 ARTICLE Vlll... 7............. ............... ........ 4........................ ................. 5.... ............. Giving of advisory opinions not a judicial function.. .... ............. Judicial power vested in one Supreme Court and in lower courts................ 6................................................ 7............... 241 241 242 243 243 244 244 245 SECTION 2 1....................... . ... 4....... ........ ..... Importance of the judicia ry ............................................. .. Sitting procedure ......... Prerogative to address and appear before Congress................ ............................................................................. .. 2............ . Composition of the Supreme Court........... Rule-making power of the Supreme Court ............ etc..........................JUDICIAL DEPARTMENT SECTION 1 1...... .............. 2... ............ ........................ Assignment of judges of lower courts to other stations ............. Change of venue or place of trial ....................................................... .................. Substantive and procedural law/rights distinguished.............. .. 5...................... xxvi 260 ....................................... .......... Meaning of judicial power..... Original jurisdiction of Supreme Court over petitions for certiorari. .... ............. 9..... Cases to be heard or decided en bane and vote required..................... ... Original jurisdiction of Supreme Court over cases affecting ambassadors.... Quasi-judicial agencies.................................................... etc............. ........ 3... .................. ... .............................. Jurisdiction of courts . ....................

.. 272 AR'l'ICLE IX.. 2....... ... .................. 268 269 SECTION 14 1......... ...... ............................ .................... ................................... 2.......... Authority of Congress to alter qualifications of certain constitutional officers . .... ...... 3. 261 261 26 1 262 SECTIONS 8-9 1............... .................... Qualifications for members of the Suprem~ Court and any lower collegiate court............................................ ....... 264 SECTION 10 1... ....... ... ....... Time limitations mandatory... Qualifications of judges of lower courts ...... . .... dissent.................... ... ... ....... 269 269 SECTION 15 1.. 2......................... ...................................................................... Meaning of decision........ .............................. ....... .... ......... The admini stration of justice ............... .. . 2........................ Compensation of members of the judiciary .. ....................................... Maximum periods for rendition of decisions............ . ... Appointment of members of the Supreme Court and judges of lower courts ........ 4............... ................ 265 SECTION 11 1....... ...... . .. .......... ........ .. ..... .......................... Submission of annual report..CONSTITUTIONAL COMMISSIONS A................... 3................ .......... . ..... Independent constitutional bodies......................... Form of decision of court ... 2. ..... Requirement in case of non-participation.... 266 267 267 SECTION 12 1............................. ................. 271 27 1 SECTION 16 1................................ xxvii 273 .. ............ Meaning of good behavior .......... ..................... 267 SECTION 13 1.................. or abstention................ .... Prohibition against designation to quasj-judicial and/or administrative agencies.... ............... COMMON PROVISIONS SECTION 1 1................. .. Procedure in rendering decisions ......................... .. Tenure of office of members of t he judiciary ........ ....... Disciplining or dismissal of judges of lower courts .. ........SECTION 7 1................... ....... ................

.................. Qualifications ofmembers ....................... 11.... 2.................................. 2.......... .................................. Meaning of"for cause provided by law"................................... Prohibition against electioneering and other partisan political campaign....................................... Constitutional classification of positions in the Civil Service.............................. Rules of procedure............... Activities not covered.... Scope of the Civil Service .... Abolition of position ............................................................................... 10... .................................. Compensation of members of Constitutional Commissions ...................................................................................... 5...... 27i B............. xxviii 280 280 280 281 282 283 283 284 284 285 285 286 .................................. Composition of the Civil Service Commission................................. 277 278 278 278 279 SECTION2 1... Rendition of decision and judicial review................ 2........... Additional functions under the law.......... Other common features.......................................................... 9.................................. THE CIVIL SERVICE COMMISSION SECTION 1 1.................................................................... 5. 27 4 SECTION4 1.................................. Appointment and terms of office .................................................. 27 4 275 SECTION 5 1................................ Fiscal autonomy............................. 3....................... 276 SECTION 6 1................................ 4... Meaning of electioneering or partisan political campaign......................... Right of government employees to self-organization .......................................................~........ Non-competitive positions................ 3................... Disabilities of members of Constitutional Commissions....... Reasons for creation of the Commission.........................SECTION2 1......................... Appointment and removal of officials and employees...... 276 SECTION7 1........................... Meaning of Civit Service .................... The merit system............................................................ 276 SECTION 8 1......................... 4............... 7............................................ Guarantee of security of tenure ............................. 6........... Rotational scheme of appointment ............................................................... 8..................... 274 SECTION 3 1....... 12......

....... .. ................. 2.. T H E COMMISSION ON ELECTIONS SECTION 1 1....................... ... .......... .. ....... 292 292 SECTION 8 1.... .... ..... xxix 301 .ate ................. .......... . ................... 2.....-.. ............ ......... Importance of a permanen t civil service ........ . Hearing of election cases... ..... I neligibility for appointment of defeated candidate in an election ....................................... 286 287 SECTION 3 1. 2.......... ..... Prohibition again.... 295 295 296 296 SECTION 2 1....... 291 SECTION 7 1.... etc......... 290 SECTION 6 1...... ... . 298 300 301 SECTION 3 1.. ......... ................................ 4......... 2............................ Basic requisites of a civil service system.. P rohibition ag ain ~t hol ding more than one position by appoin tive officials ....... .............. Oath to dt!fend and support the Con:~titution .............. ..... ....... ............. Finality of decisions ... 2..................... Standardization of compensation................... . 287 288 289 289 SECTION 4 1....... Rationale of r egistration of political parties ............ ..... ............... P urpose of the Commission ....... ...... ......... ........... ......... ..... double..... ..................... of the Commission .................. ..... Ineligibility for a ppointment of e lective officials ......................... .... . 290 SECTION 5 1..................... .................... .................................. ................... ......... .. Right of government employees to strike .. ... 3................. ... .................................. 3............. Prohibition agains t additional. .......... .................................. ........ Powers and functi on~................................ ..... ..... ... .... 3................... 4............ .13.. ...................... ............................ 14...... Purpose of providing a civil service system.................... Appointment and terms of office . ............. or ind irect compensation.......... ................. ......................... . ........ Composition of the Commission on Elections ..... 3....... .. Powers and functions Ofthe Commission.. 293 293 294 C.. ......t acceptance of any present................................ E"c 2ptions to the prohibition .... Protection oftemporttry employees.............. ........................ Qualifications of members ......... from any foreign st..................................................... ........................

................. ...... etc........ in registration boards.......... ....... ... Regulation of public utilities a nd media ....... ~-....... Pardon.... ... Meaning of parole . .. ... ................................... ..... ........... 308 308 SECTION 10 1. AutomaLic relea~.... 315 XXX .................... 2.... <tualjfications of members............... Election per iod ............. .................... ......... ............. 2.... ......... ............................. . 310 310 :n 0 311 SECTION 2 1... ......... .... Meaning of suspension of se ntence. . ............... ....sion.... . Membership ()f political pnrties.......... .. 312 314 SECTION 3 1........................ Protection against harassment and discrimination ................... 309 D........ 30:3 303 1.. ... ............ F r ee and open party system............ Exemption of any government entity or its subsidiary ... .................. .... 2. ........ Appointment and terms of office........................ ..... ................ 2...... Meaning of pol itical party ........ etc............ .... ...... etc.............. .... ............ . THE COMMISSION ON AUDIT SECTION 1 l... ...... 302 SEC'flON 5 1.............................. Campaign period ................... SECTION 7 Party-list... ... ................ . .... . ........... .......................... .......... Concept of examination .......... .............. . ...... ............ .................... ...................... .. ..... ............ 4....... ............ystem . PowerH and function s of the Commission ........ and settlement of accounts...... 303 303 303 SECTIONS 1....... ... ................... 3...e of appropriations ...... .. ............ auditing.............................................. ... 307 SECTION 9 I............ .........SECTION 4 1......................................................... .... ............. . ........ ......... .. 3............ 308 SECTION 11 1... Purpose of the Commi:...... of violators of eleetion laws ...... Composition of the Commiss:on on Audit.............. .............. 2....... . SECTION 8 306 1..........

.. .. .................... ........ 32 1 321 SECTION 4 1... ........... Meaning of decentralization ...... ... ... Term of office of e lecti~c local offic:als ... .. ...... Territorial and political s u bdivisions of the Philippines............. 2... ............. .. Mean ing of!.. 3 17 317 318 318 SECTION 2 1... Enactme nt oflocal government code . ............ . Automatic release of share of nation a l taxes ... ............. .... .... ........ ... S u pervi sor y power of P r esident over local governments .................. 3 19 3 19 319 SECTION 3 1. ... 315 ART ICLE X .... 322 322 SECTION 5 1.... ............ ...... Dual status of local governm ents.................. ..... ....LOCAL GOVERNMENT GENERAL PROVISIONS SECTION 1 1. . 324 SECTION 7 J... ..... ................ .... 324 SECTION 8 l. . .............. ...... .......... .. Mechan isms of r ecall .. .... 2........ 3 2o SECTION 9 1............ 2.. ...... .... Mea nin g of local governm ~nt.. . ... ....... ...... ........ ................. .............. ... .... .... .......... ......... ......... ....... 2....... . 3...SECTION 4 1.. ..... . 32:3 SECTION 6 l................. ...... . . .. .. ... ....... ....... . . ... ....... 4......... . .... ....... ...... .... . S ectora l representation in local leg isla tive bodies ........... Taxin g power of local government s con stitution ally gra n ted ........... . Submission of report to t h e President and Congress......... .... Reasons for grant in g local autonomy . Share in proceeds of utilization and development of n ational wea lth . ...Jca l a u tonomy .................. 326 xxxi ....... .. .. ... ........... and referen dum........ .... ......... Import a nce oflocal governments . .. ............ . .... ...... initiative... .. Supervisory power with r espect to component unit " ...... ........ 3............ . ..... ...... ... ...... .... ... ..... ....................... .......... ......... .. .. . ........... ......... .......

.... 327 SECTION 12 1.. Creation of special metropolitan political subdivisions........... ........ ..... ........ 331 SECTION 17 1. Creation...... ..... ... .... ... .. ........ Enactmen t and ratification of an organic act for each autonomous region ......... etc.............. ... .. 2....... .................. division... ... Residual powers vested in the National Government... ........ Component cities and highly urbanized cities ..................... ... .. ................ . 332 SECTION 19 1.... Creation of autonomou~ regions ...... ................. 333 SECTION 21 1. ........ Composition and condition for creation of autonomous regions ... .... 331 SECTION 18 1.. ....... Time frame for the passage of organic act~ ........ Preservation of peace and order within the regions .. ... 330 330 SECTION 16 1.. .. .. Legislative powers of autonomous regions ... ....... ....... ..... 326 SECTION 11 1...... 334 xxxii . ...... merger......... :......... .. ... . ... .. ........... ... ....... .... 333 SECTION 20 1..... 328 SECTION 13 1........... 328 SECTION 14 1........... of any local unit .... ...... ... Grouping of local government units . ... General supef"\isory power of the President over auton o m ou~ regions ..SECTION 10 1. ..... ......................... ... ................ ... . ... .................. ..... 329 AUTONOMOUS REGIONS SECTION 15 1............................... .................. Regional development councils or other similar bodies.... ....... .................. ..................

... ................ 351 SECTION 16 1.. .... ... ..... and duties of the Ombudsman.. 3........................... .............................. Powers.................... .... Officials removable by impeachment. P rocedure in impeachment cases..... Penalty in impeachment cases .. 349 SECTION 14 L Fiscal autonomy......................................... 2..... Effect of resignation. 346 347 SECTIONS 12-13 1............. . a public trust................ 2................. Right of the State to recover ill-gotten wealth....... functions............. 2... 4................................ Purpose of impeachment . guaranty or other form of financial accommodation ...................................... ....... ........ Power to initiate and try impeachment vested in Congress ................... Accountability to the people ............................ ...... ........ ............ ......... 5.. Rules on impeachment........... 4........................................................ ............ ................. 2........................................... ..... 5... Removal of other officials.. Grounds for impeachment. ....................... . ........ 339 339 339 340 340 SECTION 3 1...... .. ...... Importance of maintaining public trust in public officers ... Office of the Ombudsman to be known as Tanodbayan .... 4.......................... 5.................................................. 335 335 336 336 337 338 SECTION2 1....................... 3........ ........ Nature of public office ..................................... Meaning of public office and public officer.............................................. 6................................. ................. ..................... 351 SECTION 15 1......................... ...... Public oftice.......................... .............. .............ARTICLE XI -ACCOUNTABILITY OF PUBLIC OFFICERS SECTION 1 1..... ........... 352 xai ii .. .................. Rationale for creation of the two bodies................................. ....... .......... ...... Meani ng and nature of impeachme nt............................................................................................................... 3........... ........... ...................... ............................................ 344 SECTIONS 5-11 1................ Prohibition against grant ofloan ...... . .......... Meaning of officer and employee..................... ....................... 342 343 343 344 344 SECTION 4 L The anti-graft court known as the Sandiganbayan .

.. ....... 366 367 367 367 368 SECTION 4 1.... .....NATIONAL ECONOMY AND PATRIMONY SECTION 1 1.......... 361 362 362 363 363 364 364 365 365 SECTION 3 1............ Small-scale utilization of natural resources by Filipinos to be allowed ... . ........................... Alienation of agricultural lands of the public domain ............................ ....... ................................ .... Agreement for exploration..................... 2........... Promotion of industrialization and full employment..... .................. ............................... 7............................................... 4................xxiv 371 ....... 5........ 5............. State ownership of natural resources....... etc....... Congress to determine specific limits of forest lands and national parks. :............... .. Strategies to accomplish goals ..................................... ...... etc............................. ......... Duty of allegiance to the State and the Constitution ....... 2..... Technical or financial assistance agreements with foreign-owned corporations.............. ... ... Exploration................................. 352 SECTION 18 1... 8. 3.......... ............... Objectives of policy on natura] resources ................ ............... of natural resources limited to Filipinos............. Maximum size of landholdings......................... Basis and 1·ationale of classification............ now a mode for the aequisition of public lands ............................................ ......... 9.. Declaration of assets.... ............ Guidelines in the development of the national economy ...... Three-fold goals of the national economy .. ............ 3.. Determination of size of landholdings and conditions therefor .. Concept of national economy and patrimony .......... . ...... ..................... Period of agreement for exploration......... liabilities and net worth ................................... 370 SECTION5 1....................... ...... .... 4. 6............. 353 ARTICLE XII....... Grant............ 4.... Classification of lands of the public domain... 6.................. development and utilization of natural resou:rc2s ................................. 354 355 356 356 357 359 SECTION2 1............................................ .................................................... 3....................... Protection of marine wealth ................... .. of natural resources ......... Protection of Filipino enterprises against unfair foreign competjtion and trade practices.SECTION 17 1...................................................................... 5. 2..................... x...................................... ...... Protection of rights of indigenous cultural communities to their ancestral lands............

............. ................ ................... ...... .......... . ......... 3........................... . 3...... ...... 4......... 374 374 375 SECTION 8 1........ Right to own........... .... ...... Existing laws limiting certain activities to Filipi n<• citizens or corporations ............. ...... t......... Consequence of violation of prohibition....... .... 379 3 79 380 380 SECTION 11 Meaning of franchise.................... .................... ........ ......... ......... 4... ..... Equity participation in public utilities ...... etc..... 375 SECTION9 1.. . .... 2. P romotion of trade policy that serves t he general welfa re ............... ..... ...... .......... ...... . 3... Proh ibition aga inst alien landholding.... . Independe nt t........ ................ .............. . Foreign par ticipation in any public utility....... 2.......... ... ........... ..... ....SECTION"S 1............................ ........................... .... 2............................ ..... 385 SECTION 14 1..... Use of property bears a social function.. .. ...1conomic and planning agency headed by the President............ of appropri ate technology .. ........................................ Purpose oflimiti ng period of franc hise................... 2. ................. . ...... ...... ...... ............ Acquisition of pri vate lands.. Practice of all professions limited t o F ilipino!' .... ..... 4....... ... 6 .. ........ . Regulat ion of foreign inve stm ent~ ..... 1.................. ....... .. Cl:ltablish and operate economic enterprises...... ......... ... ... . Regu lation of technology trans fer ..... .......... ... . Filipinization of ce-rtai n areas of in vestmen ts ... ................. ........ Limitations upon grant of fra nchise. . ........ ............ Higher percentage of Filipino ownership.... ... Adoption of ''Filipino First" p olicy ........................... Encouragem ent..o be established .... ............... .. ...... ............ ....... S................ ... .... . ....... . ........ . 387 387 388 389 XXXV ........... ............. .. 372 373 SE CT10N7 1................................. 5.................................. ......... ........... . 2. Right of natural-born citizens who have lost their citizenship to acquire private lands ... ...... .......... .................... 384 SECTION 13 l.... ......... Meaning of-public utility..... . .. ..... .............. .................. .............. ..... 382 382 383 383 383 384 SECTION 12 l...... .. . ... 377 SECTION 10 1....... ... Promotion of national talent pool of Filipinos . .................... ......

....... 390 391 SECTION 17 1.... 7.........r-aint................................ Agency to promot........................................................... Creation of government-owned or -controlled corp0l'at1ons ........ 5........... 3............. Temporary take-over or... and regulation of corporations... 396 SECTION22 1....SI<~CTION 15 1............... 2.... Central monetary authority to be established.... Social jui<t.............. ..... Regulatiun or prohibition of private monopolies ....SOCIAL JUSTICE AND HUMAN RIGHTS SECTIONS 1-2 1........................ which circumvent or negate Articl(> XII ........ orgllnization.......................... Go\•ernment ownership of husine!'is . 6....................... Meaning of monopoly......... 392 SECTION 18 1......................... Formaliun..ed ............ice neither social/economic nor legal/political equality..e viability and growth of cooperatives to he c!'eat................................. 4..................................... 5...................... Meaning of competition ...... Meaning of unfair competition........................................................ 6........... uf trade and unfair compP.. 395 SECTION21 1............................................ 4...................... ................................................................................. 392 SECTION 19 1....................S by the government ........................................................ 389 SECTION J6 1......direction of private busim!..................... xxxvi 397 397 398 399 400 400 401 ......................... Act:............................................tition prohibited ......................... 2.......... ... Beneficiary of social justice policy ................................. 393 393 393 S93 394 394 SECTION 20 1.............................................................motc social justice ........................................................... 2...............................'lllation of property and dif'fu. 396 ARTICLE XIII......... Rules with respect to foreign loam................ ........................................................ Duty of State to prc.........ion of wealth.. Comhination!'i in test.......... Social justice and property rights.......... Meaning of restraint of trade..................... Social justice through promotion of equality of opportunity ......... Concept of social justice...................... Social justice through rc~.................. 3..................

...... ....... Undertaking an agrar ian r eform pr ogram ................... ... ..................... ..... ..... Dis pos ition of othe r natural r esources an d of pu blic a gr icultural es tate::> ...................g a continuing urban land reform a nd housing program ...... 416 HEALTH SECTIONS 11·13 J. ......... Methods for resolving labor di~p utes ......... ....... ...ion of full employment and equal work opportunities .... Promot................ 2... 2........ ......... ............ . .... . ................... Roci procal rights of labor and en terprises.. ............ .. ..... .. P lanning. ............. .. 403 404 405 407 407 408 AGRARIAN AND NATURAL RESOURCES REF ORM SECTION 4 1..).......... . .. ..... ........ xxxvii 417 .... . Rights of subsistence fish e r me n and fishworkerf-! ......... ... ....8..... Ej ectm~nt and rese t tlement of ur ban 0 1· rural poor dwellers...... ....... ......... ....... .. ....... URBAN LAND REFORM AND HOUSING 41 3 SECTION 9 1. .. ... Undertakir...... Rights of workers............ation................. 412 412 SECTION 7 1... . ..... Constitut ional provisions on social j ustice .. ......... ............. .. .. ..... .................... ........... ............................. 3........ ......... .................. ................... Resettlement of landless fa rme rs and farmworkt~rs ... .. 401 LABOR SE CTION 3 1..... organi1...................................... ............ .... ... 414 SECTION 10 1...... ........ ..... .......... ....... Principle of shared respon s ibility . .. ......... . 4............. .. .......................... ... Protection and promotion of the right to hE>alth . . .... ... Prot ect ion to labor................................. .. ...... Inves t ment incen tives to landowners.............. ............ .. .. 413 SECTION 8 1. 6........ .......... .................. ....................... 409 SECTION 5 1..... .......... and management of the program..... ................... 411 SECTION 6 1.....

.......... SCIENCE AND TECHNOLOGY.......... ........... ............. ............ ............................................. ...............................h ip grants... Role and righto of people's organizations... ...... 420 ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS SECTIONS 15-16 1............... ........... .... .WOMEN SECTION 14 1. 422 423 SECTIONS 18-19 1................ ................................................................... ............ ..... Obligatlons impo:......... learning .... and indigcnom........... ..sion ....... e tc... Ways for acquiring ed ucation ............... ................ .......... System of education t o be relevant to the needs of the people and society ...... ....... 5........... 425 ARTICLE XIV..... .. 2. etc.......... ...ed on the State .....EDUCATION.... .................... informal........ Powers and functions of th(~ Commi...... ................. .. The Commission on Human Rights ...... .............. ............... ..... ...... .... SECTION 1 Concept of education. Duty of the State to protect and promote right to quality educat. to quality education .. 9........ . ..... 5......... ........ .... System of scholan.. . ............. ................ Goals in giving priority to (~duca tion. ........ Righ t oft...... maintained.......... adequate.... ..·en of schoo l age. .. ... ...... etc............. 4.... Complete. ..... ... ... ........ 3...... .........ion to be established.......... .. ..... Non-formal...he Commissinn . ........ .............he State to a ::... Right of all citizen~.. .s........... ARTS.... ........... 2....... ..... and supported ... ............ 3......................... .. Training in civie:........~1fficiently educated citizenry. .... SECTION 2 427 427 428 42R 429 l....... .............. 8..... 2......... ..... to he encouraged .. t. ............ xxxviii 430 431 440 440 441 441 442 442 ·!45 ................. 421 422 HUMAN RIGHTS SECTION 17 1.............. Hnd integrated system of educat........... Natural right and duty of parcnLli to rear their ch ildren. CULTURE AND SPORTS EDUCATION 1. System of a free publ ic education to be estabiished and maintained.. ........ 2... .......................o be estab lish ed and maintained .......ysterr........... . .......... ................................... . .............. 4..... ............ .. vocational cfficiem:y and other skills to be provided.. Protection of working women ...... Compulsory elementary education for all child...i1m . 7. ..... . Reasons for creation nf t....... 6... ...... .... ..... .....

... State to assign the h ighest budget a ry priority to education....... ... .... ......... ... ... . .................. ..... ................... 3. ... .. 3. ...............SECTION 3 1........... ...... .. . .... . ................................. . . ........ ................. .. ..... .................. Official languages ofthe Philippines ..... ..... .... ......... . .. .............. Importance of values education.. 6....... ........... Exemption from taxes and duties ............. Right of teachers t o profession a l a dva ncement ............ .......... :.............. 'Meaning of academic freedom .. ....... ..... . ....... .. Auxiliary offi cia l languages.. ..... ... .. .................. .............. . .. . 8........... ............................................................. ..... .. ...... ................. ..... ............ . ............. x................. ............ . . ...... ....... . . ........ . 2........ ...... 10...................... . ... ...... ... 5.. ... . ................ co ntrol and administra tion of education al ins tit u t ions by Fi lipino t-'itizcns ....... ............... .... Right of non-tea ching academic a n d non-academic per sonnel ....... ..... .. ..... ........ Optional religious instruction in pub lic elementary and h igh schools to be a ll owed ... .. Concept of lan guage ... ..... .............. 450 451 45 2 453 453 SECTION 5 Regioual and sectoral needs a nd conditions to b«:> taken into account ............ Role of other sectors in the educa tion of the youth............... .. 455 456 456 157 457 458 458 460 461 461 LANGUAGE SECTION 6 1... 2.......... .... ...... ........ ......... . ........................ .............. Educational instit u t ions est abli sh ed exclusively for aliens pr ohibited... 3.. .. ...... ............. Duty of State to improve lot of t eachers ... ........ ............ ....... .. .. .. ....... Use of Filipino as a medium of offici al communica tion and langu age of instruction ... ....... .. ..... 4. .............. .... ..... 5............... Educational a ims of schools................ ................ ... Importance of g uarantee of aca demic freedom ........... . 2......... .......... ........ ..xxix 465 465 466 467 ..... ........ ............ ............ 7..... ... ...................... .......... .................................. ... ...... 9............... ............. National language is Filipino .................. ............. ..... ............ ............. -l..... . ... .... .......... .. 1............... .. 446 446 447 448 449 SECTION 4 Complementa ry roles of public and private educational institutions recognized ... ............. .... 3. Need for a oHtionallanguage . 5. ...... ......... ....... 2 ......... Institutions of hi gher !earning t o enjoy academic freedom ........... Difference bet ween officia l la ng uage and national lan guage ...... ...................... ......... 4.... Pilipino not immediately abrogated ..... 3 ............... 4 ..... Guarantee not a cademic licens e .....~ of study ....... .. 462 462 462 463 464 464 SECTION 7 l... ....... .. 2.......... ....................... .... . ....... ........ Need for communication skills in E nglish...... .... .. Study of Constitution to be part of school curricula ..... .......... Importance of la nguage . . ............ ................... ...... .. Ownership.......................... 5...... ....... .... ...... Right of every citizen to select a profession or cou n........ .. ...... ........ ............... 6...... ...... ........ ....... .... .... ........ .... 1..... 4......... State power over educational in~ titutions.. ..... . ...... ... .... ..............

............. ....... .. ................SECTION 8 1............................ ........ 2......... ................ ARTS AND CULTURE SECTION 14 1.. Science and technology essen tial for national development and progress ..... :.......... 5.................................... xl 482 ....... ............................... ........ .... . 2.... ................ ..... .... Promotion of cultu re ....... 480 SPORTS SECTION 19 1......................................... .........'........ ....................... ... 46R SCIENCE &'lD TECHNOLOGY SECTIONS 10-13 1..................... ...... ............................. ... .................... 467 467 SECTION 9 1.. Concept of sports ... Concept of family ............. Right to inventions.................. Promotion of s port... '•...... ................ Science and technology education and training .. .. .... . ............ .. ............ .......... Cultural trea::..... ............... ... ... 474 4 74 4 75 4 76 SECTIONS 15-16 1. ...... ................... ....... enrichmen t......................... 480 48 0 ARTICLE XV -THE FAMILY SECTION 1 l.... .......... ....ht~d .. ..................... ... and dynamic evolution of a Filipino national culture................ ........... .... etc .............. Conceptofart sand culture...... Importance of culture .... ................................. 4............. ............. . 4 78 SECTION 17 1. .............. ............ to be secured.... National language commi ~?s ion to be establi::....... Concept of science and technology ................................ .. Constitution oflicially promulgated in Filipino and English..................... 4 79 SECTION 18 1........ \\ 3..... ...... .... .. ........... ...... ......... ................................................................ 3... Preservation...... ................................ 469 469 4 71 4 72 473 \.......... 2.. ............. .... 2...... ........ .............ures ofthe nation ..... . Rights of indigenous cult ural communities........... Promotion of science and t echnology... ......... .......... 4..... . Translation and interpretation .......... Equal access to cultural opportunities... ..........

.............................. ................................................. ...... 2.... Duty to ca!'e for eldel'ly members.... The citi............... .. .................. ....... Duty of State to defend family right..... their widow.... ..... When suits against the State pf~rmi~siblf ................................................................................................ .................. 499 SECTION 7 l.... .............. Rules applicable tc the armt>d forcef<........ .......................................................................... ............. 494 495 495 496 SECTION 4 1................................. 482 483 484 SECTION 2 1... :i..................................................................... The Philippine Flag........clation of the nation ......... the fonr. Pri neip le of mnH....... ................ ...... or a naLional f'C~al ......... Waiver of immunity 110t admi!................................................................... 2.. Assistance to veterans........ Sl<~CTION 485 4 487 1... ....... ............... Adoption or a new name forth(~ country... One national and civilian police force~................ <tnd orphans.............................................. Concept of marri<tgf' .................... 2...u abih ty of the State ......... ARTICLE XVI -· GENERAL PROVISIONS SECTION 1 1............ 492 494 SECTION 3 1........................................................... .............. Bases of the principle... The Filipino family. Sphere of law on fan1ily ......... 496 497 SECTION 5 1................................................:sion of liability.... 489 491 SECTION 2 1...............en ar·my {~onccpt........ a national anthem.................. Armed Forces of lh~~ Phi hppinc.................. ......~- Importance of the family to the State ........... 484 484 SECTION 3 1..... 2... 498 SECTION 6 l........................................... ...................................... xli 501 .......... Playing or singing of the 1\ ational Anthem....... Exemption from flag een•mony on religious grounds................. 1.. ................. Marriagt\ an inviolahle social institution ... 2................. .... ......... to include a citi£en arn1cd force.......................................... .

... .. .. .............. Cons titution drafted by an appointive Con ........ Filipino capability in comm~m ica tion ancl informati on ...... ........... . . ......... .......ion by the people ..... .... .. .. .. . .... ....... .......... .. ....SECTION 8 1.... .. .:............. .. ..... ..........TRANSITORY PROVISIONS l... . . .. Methods hy which a mendments or revi..... ... . .............. 510 511 511 SECTION 4 1...... .......... xlii 5 13 . .................. ... .... Ownership and management. .. ..... ..... ............... ..ion may be propos ed . ... ...... ... ... .. . ..... . ............. 508 508 509 SECTION 2 L Amendments propo!:!ed by the people th rough in itiative..ing ind w'tt'}' .... Protection of cons umers ....... ..i'i05 fi05 506 SF.. .......... .. . . ... .......... ..... .. . Review of pensions anrl other b<mefits du e to ret........ ......... . .. of mm.. . 504 .. ........ ... 4.. ... .. .. ... ...... Meaning and purpo~e of t ransitory pr ovision s ...... . ........ Amendment and r evision distin g u ished . ............. ... :309 SECTION 3 1........................ ... 512 ARTICLE XVIII .. ...... ........A.... ..... Creation of consu ltative body ror indigcnou....... ..... . 2. .. . . ......... . ... ....... ..... . ... ... ..... .. 3. . . ....... ... ...... ... ....... ........... ... ...... . ... . .................in!eS .~ENDMENTS OR REVISIONS SI!:CTION 1 1. ...... . 2. ..... . .... cultllra l communities........ .... . ............... . ............ ............ ...... .. .. . ....... ..... . 3.... .. 501 SECTION 10 1..... . .t.......y be callf>d ........ . ....... ... . .s mNlia by Filipino citi <.... .. ...cns .mmtrcia l mass media ......... ...... . Ownership and munagement of a clverti:... Regulation of the a dve rtisi ng indu. ......... .. Regulation or prohib ition of mon opoli£•S in cc...... . ... Importance of the a mending proeedurP . ..CTION 12 1.... ............ ... ...... 502 SECTION 11 1.... ... ....... 2.... . .... Methods by which a constitutional con v(~ 1Hio·1 n.. 501 SECTION 9 1. .:.... .. 3....:... ..... ................·_v .. . .... ..... 506 ARTICLE XVII... .... .titutionnl Commission... ....... Meaning of constitutional con vent ion .. ... .......... .. ......... .... ... . ... . . Rati5 ca t...

...... 517 SECTION 9 J...................... Adoption of a sy~. 513 Term of office of .... 517 SECTION 7 1...........................................................................ion ....SJ<-:CTIO!"'J 1 1...... remain valid until amended....................... ........................................................................ 514 SECTION 4 L Renewal vr extension of exi~ting treaties or international agreen1cntil ........................... Existing courts to <:ontinur.............. 518 SECTION ll 1................. 517 SECTION 8 1......................... ete ...... ln(................t el{•ction under the Con................. Metropolitan Authority may be eon:-:tituh:d ......... All exist................................ 519 SECTION 12 1.... .....lry to continue in office........................ Hevrt:·sentatives.............................. to sectoral seats ..... .........titut.... S. ................. Sub-provinces to continue to exi~t Hnd operate...........Senator~................... l"t~pealed or revoked........ Fir:.......... 515 SECTION 6 1.....J<:CTION 2 1............................................... 518 SECTION 10 1....... ..................... 515 SECTiON 5 L Six-year term for incumbeilt President...tematic p!an to expedite re~olution of pending cases in coLtrts ............. xliii 519 ....... .......umbent members of the judicil.......\ng law!'....... and locul of'l'iciais first ele('tcd ...... 514 SECTlON 3 1.................... .......... Appointment of nominee::.................... ....... Transitory legislative power of President......... and Vice-President extended............................

CTlON 22 1...... ......... ............... ....... 519 S ECTION 14 1..... .. ........ ..... .... .... An nual sa larie~ of con stit.. ........ . Incumbent members of the Constitutional Commi......... Incr ease of salary scales of olht!r offi cials an d employee:< . ... Full im plementation of free puhlic seconda 1·y educai......e employnt!~ 521 S ECTION 17 l.. .. .... ...... ...... .......SECTION 13 1... ........ 520 ! SECTION 16 1. ~. . ~·/ / Right....... ....... .. S:f~CTION 524 24 524 l............ut... ................ SECTIO~ ..ional officers....... SECTlON 19 51:2 l. ..................... et<:........ ... ... .............. . ... Private armies and other armed groups t.... .. Compliance hy adYertising compa nies with min im um Filipino ownership requirement . 523 SECTION 23 1.. ... ..ion ....... .................. Lega l effect of lap............ion lapsel! after ratificat-i on of C(tnstitution ... ............. ............ . .. .. .. 523 SJ-......... ..)22 20 522 1.... ... . ............ Disposition of p roperties.../ ttnd career (Jfficc!'s ......::~ions to continue in office.................c uf maxim\HO period C or l'CIHlering j u d icial decision . 521 S ECTION HI 1.. Expropriation of idh! or aba ndotH1d la nds ...o be d isman tled ... .......... . Jtl!v ... Reversion to State of illegally ucq Llin~d p1 1b!ic lands and rea_l rights cunnected t.. ....... . ... ..... Wl1erc applicable period for rendition of judicial deci:...crvir. ... SECTION 21 1.. 5:l0 SECTION 15 l. . ..... .... .......hc1·cwith ...... ......... ................. ..... rec:tlt'd::< .......... . ....... ...... . of separated civil ... ........ ............. ...

............. .............. ......SECTION25 1............ 527 528 ORDINANCE........................................ SEC1'ION 27 526 L Effectivity of the ne"v Constitution......................................... Requirements for allowing foreign military base!! in the Philippines........................... Sequestered or frozen properties ........ ............................................. .................................. ................ ..oOo- xlv .... SECTION 26 525 1..................... ..... ..................


--. 1t deals with those relatiom> among men and groups which are subject to control by the state. the term is equivalent to "nation" or "country. As used above.e which comprise the Unitc. public law. "Such as local ~ovcrnmcnt.:rties.. and with the 1·elations of the state to other states.. which are state!i in the polit. 4. 1967 ed . The Bruce Publishing Co..ed with t. "to know.. etc.) 2 Schmandt and Steinbirker . the word "science" comes from the Latin word :~eire. Its curriculum is almost certain to include courses in political theory. or what today would be the equivalent of sovereign state. elections. as its formal object. Political science is a very <:omprehen~ive field." or a politl<:al community (one o1·ganized under government and law}. (2} It is primarily com:erned with the association of human beings into a "body politic. government. 1954 ed.. Introduction to Political Science.t'andamentllls of Government. has. (3) As such.The entire body •)f doctrines relating to the !Tht! word ''state" should not be wnfu. Ander!i>on.INTRODUCTION A." for E-!Xcllnple. and public administration as well as in various monl specialized subjects. and Christo!. McGraw-Hill. with the relations of men and groups to the state itself. Reduced to its simplest terms. 17-18. public opinion. comparative political institutions. political science is the systematic study of the stat~:!! and government.:i d) Political theory. political p.. Japan.d States. a basic knowledge and understanding of the state and of the principles and ideals which underlie 1t::. Inc. public finance.it:al scientist's sense." c 1) The scienc(~ of politics.he states such as tho::. international relation!> including diplomucy (or international politicb} and intern~tional organizations. The word "political" is derived from the Greek word polis. Philippines. THE STUDY OF POLITICAL SCIENCE Meaning of political science. organization and activities . meaning a city. and business.. pp. . Gr~at Britain. p. 2 Scope of political science. tRode:. lhc United States.. therefore. 1 .

1965 ed. Barnes a nd Noble College Outli ne Seri c~.e. deve lopment. -The bond between the political scientist and the historian is obvious in the observation t hat "history is past politics and politics present history . admin istrative law (c ). public law is so specialized that separate courses are offered in each of its subdivisions constitutional la. fa ll ~ ~:~vithffi. b ). the traditional distinctions a mong t h e powers of these br a nches become even less clear-cut. political science and economics (the study of t he production.) in na ture.• pp. VI.2 TEXTBOOK ON THE PHILIPPINE CONSTITUTION origin . attention is focused upon the methods and techniques used in the actua l management of st a te a ffa irs by executive. and activities of states. 2·3 .-~ scope of "- No precise a nd definitive bouudal"ies can be placed a round a subject a s comprehensive a s poli tical science . As t he compleY. Thus . Sec.4 Today. legislative. le gislative bodies have been forced to delegate greater dis cr etion to executive officers r esponsible for t he conduct of gover nment poli cies and powers. a nd conserva tion. i. Administr ative law. (1 ) H istory.s Interrelationship with other branches of learning. a nd international law (d ). Polit ica l Science. c:it .. -'• See Rodee. a lr eady r efe rred to .w ( a . lt shares many points of common inter est with ot her s ocial disciplines . these fields are j ointly concerned with the fact that economic conditions affect the organization. a nd Christ. Sec. VIII.ol.U ntil late in the 19th century.. Anderson. Today. an d consum ption of wealthj were coupled under the name of politica l economy. powers which a re legislative (see Ar t . (c) the power s a nd duti e ~ of governmental offices a nd officers.. (2) Economics. nlso any broad study of public a dminist r ation.. op. and purposes of t h e s ta te are dealt with in the stu dy of polit ical theory. a nd j udicial branches of governmen t. pp. The political scientis t regularly adopts an "economic approach" when seeking to inter pret such matter s as "public fin ancial policies'' and government r egulation of business. 14-15. .) and judicial (se~ Art. not~ J. . behavior . 1. 1. distribution. (2) Public law. (b) the limitations upon gover nmen t authority.'' 'fh. In contradistinction to the rules of private law. .e political sci entist fr eq uently a d opts a "his tori cftl approach" and employs knowledge of the past when h e s eek s t o interpret present and probable developments in politica l phenomena. .In the study of public administration. and (d ) th e obligation s of one state to another ar c handled in the study of public la w. 'See Jacobsen an d Lipma n. which govern the rel~tions among individuals. (3) Public administration. which in turn modify or even pr escribe economic conditions. form . we fin d many a dministr ative agencies exercis ing quasi-legislative and quasi-judicial power s .·· The (aj orga nization of governments.ity of government activities grows.

and the rise of authoritarian governments in developing countries. up.The political scientist.states proclaim laws.. studies of the mental and emotional processes motivating the political behavior of individuals and groups. Aristotle and Locke (and other universal thinkers about the state) are important to the specialist in academic philosophy and also to the political scientist. 6 See Jacobsen and Lipman.1'he concepts and doctrines of Plato. p. --This branch of public la. ci t. and psychological foundations oflaw .. One of the many topics which the political scientist handles from a "psychological approach" is that of public opinion. effective within their jurisdictions. note 4. These invo~ve a proper application of statistical procedures for the quantitative measurement of social phenomena and of logical procedures for the analysis of reasoning. pp.\v is concemed wit. historical. cit . with the abiding influences of race and culture upon society. and enforce them through a system of penalties or sanctions. op. and propaganda . ~~. To maintain a fu11 understanding of the facts of politka l life. pressure groups. . Rodee.'~ (8) Jurisprudence. These concepts arc the underlying forces in the framing of constitutions and laws. 6 Sce 7 .. (5) Psychology. the sociologist (who specializes in the study of "sudety as a whole").o phy called ethics. The Study of Political Science 3 @ Geography. cit. and the anthropologist (who studies ''mankind'' in relation to physical.I N'rROOUCT!ON A. geography. .Geopolitics (a science concerned with the study of the influences of physical factors such as population pressures.. Anderson. upon domestic and foreign politics) indicates one approach which a political scientist frequen t ly must adopt to help explain such phenomena as the early growth of democracy in Great Britain and the United States and its retarded growth in certain Continental Europe. A:'tf:. and with the patterns of collective human behavior. . and he must employ scientific methods in gathering and evaluating data and in drawing conclusions. too. The political scienti st considers the branch of phil o~:.h the analysis of existing legal systems a nd also with the ethical. Jacobsen and Lipman.5. (4) Sociology and anthropology.. sources of raw materials. social. ~ Law and state are inseparable . . note 4. not e 1."'A comprehension of the nature of law (whether the ''natural law" or the ''divine law") a nd of statutes enacted by legislatures is indispensable to the political theorist. op. 4.The political scientist as well as the psych9logist promote:.. when he contempl ates the moral background of proposed changes in soc. etc. (6) Philosophy.. . sociological.-ial legislation. (7) Statistlcs and logic. 14. an d Christo!. -The political theorist must possess a broad scientific background and a knowlf!dge of current political problems. and cultural development) are all deeply concerned with the origins and nature of social control and governmental authority. p.

which grow consta ntly heavier in the modern world.4 TtJXTBOOK 0 ~ 'J'HE PHI LI PPINE CONSTITUTION t he political sci en tist has t o combin e the legal with th e extra-legal viewpoints . ! I / Why s hould t he university or college student st udy politica l s~ence? Wha t good will i t do him or he r. _. it should be ma de clear th at the primary objective of the political science cu rriculum is education for citizenship. ~Ibid. bearing no materia h stic pr ice tag an d promising no j ob s ecurit y..9 Function and importance of political science. law. '~Ibid. Democra cy has pra ctical a dvant ages which no one can appraise in monetary terms. in la ter life'! Will it h el p in ge tting a j ob -· in "getting a hea d"? Are political s cience courses ''practica l" (i. in for mation. and a wide range of other matters t hat are urgent concern to publi c offi cia ls and to private citi z. a nd to suggest improveme nts . vocational)? (1 ) E ducation for citiz(mship. (1 ) The function of political science i ~ to discover the pr in ciples that should be a dhere d to in public affa irs und to st udy the oper ations of government in or der to demonstrat e wh a t i s good .e.. responsible cit izens hip ca n save democracy. p . Study. The prepara tion of studen ts for careers in politics. executives. I ntelligent. (2 J E. t o criticize what is bad or inefficient. (2) Its fi ndings and concl usions may be of immense pract ical u se t o const itution-makers.I n answer. ignoranc e and neg ligence can lose it . a nd understanding of the com plexities of modern government and politics are necessary as eterna l vigilance.ens. t hey m ay be of immense pra ctical use t o individua ls who seek to unde n~tand the state in which they live. a nd t he foreign service (though vitally important ) is R econdary to the ta::~k of equipping them to dist:ha rgE> the obliga tions of democratic citi ze nship. I. "eter~l vigilance is the price of liberty. legislators. teaching. . Most polit ical scie nce courses should be viewed as esse ntial parts ofl iber"' l e d ucation. ( 3 ) The study of political science deal s also wit h problems of socia l welfa t'e. Su ch shop-worn adjectives as "pra ctical" a nd "cultural" have no releva nce h ere. 10 Goal in the study of political science courses. internationa l cooperation.c. . Just how much is freedom worth? The oft-repeated but seldom comprehended quota tion. Again.sential parts of liberal education. governmental economic programs." r equires amendment. the civil service. and j udges who need models or norms tha t ca n be applie d to imm ed ia te situati ons ..

'Rodec. Without people there can be no fimctionarie8 to govern an<l no subjects to be governed. The Republic c. The modern state has four (4) essential elements. p.Jan. who his elected representatives are. China is the largest state in point of population placed at more than one billion. 2004. He mu~t know ho~' his . . The 1995 figun~ waH 1>8. Concept!:< of Slate and Government 5 1.Jitical Hci~mce and Gtw't. with only 240 people holding citizensh. Anderson.300 miles northeast of Australia. 1 '~Scc Gar11er.3 J Knowledge and understanding of' government. Introduction to Political Science. which is done e-very five (5) years.. what interests and forces are behind particular policies. l'acifk . hRs a population of about 15.us and StatisticR Offict. p. a world record..536 with a growth rab of 2 a2'iL 1 1 ~See . The latef't actual account.ol. 1 ~ The Philippines is a state. -·· Political science :.This refers to the mass of population living within the state. note 1.:H>'1i annual growth rate. Its estimated 500 citizens. 100. citizen who behavl:!s him1:wlf <md votes regularly is no longe1· enough.f Palau. are ruled by the Pope. There is no requirement as to the number of people that should compose a state.735.616. ha!'. and enjoying freedom from extt~rnal control.Locatcd in the southwest. The island kingdom of Tonga located in the western South Pacific Ocean. But it should be neither too small nor too latge: small enough to be well-governed and large enough to be self-sufficingY Reputedly the smallest state in point of population is the Vatican. 'fhe "good" . mainly clerics and some Swiss guards.1bout aO mile~ !'Outh of th«l Equator and 1. .498.!NCSO}. p. CONCEPTS OF STATE AND GOVERNMENT Meaning of state. "In 2003. The Philippines is now estimated to have a population of about 82. A stale is a c:ommunity of persons more or less numerous. and Christ. having a government of their own to which lhe great body of inhabitants render obedience. 14 The island Republic of Nauru15 has a total population of only about 9. pp. one of thi1 Micronesian islands about iOO kilometers east of Mindan. OfL i:it. He must algo be th~ citizen who knows the answers.000 in 2003. what the results of such policies are likely to be.000. Eiements of state. iManila fhtll~tin. the Vatican had a population ofjul't 492.000 in 1973. in 20<)0 was 76. with Fiji on the West and Samoa on the northeast.eeks to gather and impart this knowledge and understanding. pp.'• 1. 16 composed mostly of Malays and Chinese.o.government really operates. permanently occupying a definite portion of territory.663. with a 2. Gamer. :~H-41.. and what they stand for. They are: (1) People..p. 11 B. A-2.iNTRODUCTION B. It may now he about 85 million. 74. 'GIJ'his is :1ccording to the data from the National Cen1. 1.000. what his rights and obligations are. a population of about. 17-1H.. hut about 111 million tourists arriving t-ach yeur tn !:'1:'1:' the headquarters of the Roman Catholic Church ancl the home ufthe Pope.

The term m ay be defin ed as the _8!J-_2.~~t. ofinternationa l la\<.i"Jim~.awm .-4 ·.. i::. Now.Jectia. ex. The Republic of Nau ru h as an area of about eight (8) square miles or 20 square kilometers .L Republic (USSR) broke up into several indepe ndent st ates.707 squar e miles or 299.J:e. but a.£Qm. These in ternal and exter nal aspct:ts of sovereignty a rt' not a b:wlutely true in pr actice beca use of the de\'el upment of i nterna tion a l rel a tions a nd consequently.:. a nd ( 4) . 1-'(3) Q.~~~~-~~:~ carried_ Q.e. ·.111and a_~g _ e!lfor<. It has .t~. therefore·.ceto ltl) will fr om people within its j urisdiction and corolla rily1 t o have fre edom from fo reign cont rol.Yt:ill_Qf!.SD. Thus.It refers to th~~l:lcy__.It indudes not only the~~>.ate is Can ada.to .oQa. / a nd · (b) ~nal or the fre e99.m_e_. .r.and C!erial..t~.!Jg_l 0 H - O • - -· or the pow«:!~.>quare kilometers..the ~ ~~ <2) Territory.he ~d.i. amlmg which are: ( 1) !)i t. External sovereignty...e .ab.r. -- The smallest s tate in point of territory is Vatican . uvial.!!LQLt_he s tate to ~ a uy out its a cti viti es w. r eferring to t.itho~syJ.· .£_h e-':J.ch covers a sur face n early as large as E urope.. . ~· There are severa l theories concerning the origir.~Lt."~~er_ of the state> to. 17 With the collapse of com munism.uisir. This "body of men" is usually spoken of as "~drn. the Un ion of S oviet Sociali.I t holds tha t the s tate is of divine cre ation a nd the ruler is ordained by God to govern t he people.dvcs as the Confederation of lodependent Siates tC IS ).hem~.. the biggest st.. often referred t o as m.ik~ "therein .. of state::.43 squa r e kilometer. .l_lt. a . It would flt in Rizal Park in Manila. of. The word is sometimes u~ e'a to refer to the person or aggregate of th ose persons in whose ha nd::. two manifestations: .uerdg. 000 square miles whi.9. -. T h e Ph jlippines has a total land area of about 115. the domain of the state may be described as terrestrial. .. maritiri1e. fl .~nd J. (a) _i_n f. 776 square miles. . ./:r . but also the'f!Y~'=§..21 control by .depe.P 9.681 :..nds..oLt~u~ ~\~~th i q_J.ty.ut& upon itB coasts and the a ir space above it.. . PHILIPPl~E CONSTlTCTION the ~tat~ ..Ji!~e right theory. 'AA square tn ile is eq u iva ltmt to 2.852 . -.£i.59 squa1·c k ilome t ers.thtir ~lj!tes·. " The ordinary citizens of a country a r e a par t of the state.thl:o a~h which thc.ain area.599.6 TEX'l"SOOK 0~ THF. . .re not par t of the government.J:. having a n a r ea of:~.n.n. .Zer _wl:lic!l th!:! jurisdiclion of sea wJ~~c_h. located just outside the western boundary of Rome with a n area of on ly 1/() s quare mile or 0. Refer ence h as been m a de by advocates of this theory to the laws which Mos es received at Mo unt Sinai.rjtl) r_y . a r e placed for t he time being t he function of political control. The former Sovi et Unjon 17 was t h e largest state in point of territory with its total la nd a rea of about 8.ourrnment.

a single nation may be made up of several states. State distinguished from government. History. how·ever. The Philippines is a state composed of one nation.P.s of State and Gon!rnment 7 (2) ~eessi(y m· force theocy. By natural stages.ugh. they are usually regarded as identicaL As ordinarily. and the nation became a state.no_rds a. ~}:litjl t~e3}ate_e~ l. the two term:'~ are often used synony· mously. we had var10us governments a~ different periods of our history. Among them are: Egypt. . (3} Paternalistic: theory_ --.~nic con~-~pt.i.It attributes the origin of states to the enlargementof the family \vhich remained under the authority of the father or mother. then developed into a tribe which broadened into a nation.~~cal}. the family grew into a clan.~._~_.Q. In common speech.INTRODUCTION B.. Lebanon. Saudi Arabia.ou -~t is possible to have a government w1thout a~ Thus.. The term is more strictly synonymous with (:_peop~~~ (2) A state is not subject to external control while a nation may or may not be independent of external control.!h_. Nation should not be confused with state a5 they are not the same. The g_Q~E_~me~is only the. by some great.It asserts that the early states must have been for~edby deliberate and voluntary compact among the people to form a society and organize government for their common good_ This theory justifies the right of the people to revolt against a bad mlcr It is not known exactly which of the above theories is the correct one. On the other hand. The United States is a melting pot of several nationalities.1-l o! the state.ve!:_n_!l.!~I. and who believe that they are one and distinct from others. ( 1) The ~~js a militical_con~~pt. and others.L~. Syria. while vation is an . language. ---It maintains that states must have been created through force._~11--. A 'l:E. .ertain characteristics such as common 'SOcial" origin. and traditions.g. warriorfo\ who imposed their will upon i. In common usage. the former is 111eant when the latter is mentioned.. The Constitution uses them interchangeably. customs.t-!:. and ( 4) Social contract theorY~-. from pre-Spanish times to the present.__a~~c~_!\u:u. and (3l A single state may consist of one or more nations or peoples and conversely. Concept.~I .J~&~.. has shown that the elements of all the theories have played an important part in the formation and development of states_ State distinguished from nation.he weak. and vice versa. the acts of the government (within the limits of the delegation of powers) are the act.group ()f p~ople bou~lcl. the Arab nation is divided politically into several sovereign states.Jordan..witho~f. however..t$.

history shows.· D em?.Jvvi·"'J\ ..~~ "'\vl''\--.lcracy L~\) or .Government exista lo do these things which by t heir .. 'vf' ·N ./. '' De mocratic governm ents are fu rther classifi ed in to: 1) J)irect or p ure de mocracy or one in which the will ofthe state is for mulated or expressed di~ectly and imm~diately through the ~\\ ~~\~\-<. freedom. Monarchies a re fur ther classi· fted in to: · /_. The need for government is so a pparent that even the most primitive socie ties. but the state. )..\IIt ~~n-j~ c.. p. ':. Polit. j ustice.. and .)}I'Jtlfl':-.ILIPPJNE CON STITlJTTON There was no Ph ilippin e state during those periods when we were under foreign domination .f """ "" A government may change. progress and developme nt will not be possible. r ule of law.. in accordantt! w!th a constitution. ------- ' 9 G >~r ner . it is bettP-r equipped to a dmi nister for the public welfa re than any priv a te i ndividual or group of individuals.Gover nm ent exi sts and should con tinue to cx i!->t fo r th e benefi t. Forms of government.. exercise .. ~~'\~ . remains the same..ic~ l . a nd the advancement of the physical. . the administra tion of justice. ~W. . and a gen eral feeling of fea r and inse<.. taken for gran ted in a free modern society such as truth.of the people governed.Jery nature. I power .. economic. ~v ~~~: ~.!> t enure.T EXTHOOK 0::--1 THE PH..~... It is necessary for the protection of society and its members .. a nd human dignity can never be enjoye d.. ¥'-.\~ "'' '· .w h IC . ·e lection or the nature or d uration of hi.I\ Purpose and necessity o1 government. . .:a 1s 1 rnajOJ"i ty oi"the ·people. . equality.0. d by a tel ttl<.A\.h po1· . an a ristocracy or oligarch y.:ur ity will pn~ vail in society.. and 21 L imited monarchy or one in whkh the ruler rule1-:. social and cultural we ll-bei ng of t h o peo ple . the security of persons and property. •·-.. and va lue:. It is obvious that wit hout an organized structure of government.<:.~ t . : 315.P{te m . ~'\o\\\ SciCJ)Ce and Government. . a narchy and disorder."~' ':"' j.r··· 1) Absolute mona. 1fs form may chan~e. '· Ir\l-.~ ~ .-1. (1) Advancement of the p ublic welfare.~ ·..~~ lh J A•·t\~fa_cy or _pt~e in which political power is exercised by a fe w privil eged class which is known 11!-..._rv ~ .s exerdsing sovereign p ower!'~ : (a) lviJ/[q)chy or 9lle in which the supreme and fin al authority is in the hands of a single person without r egard to the source of hi:.. (:l ) Consequence of absence.. the preservation of the state fro m external d a nger. ' "· :..:\\'r:~-J-. as1o·ng as its esgential clements ar e present.~ .rch:y or one in which the ruler rilles by divine r ight. . had some form of it.lJf'~)JI'f'U. The principal for ms a re the following: (] l A s to number of per:wn.

.--:.···'' ·of'\he government: ~ -:.. .n (3) As to relationship between the executive and the legislative branches -. u . .L. but t-he quality of men and women whro serve in it.clati:v. the effectiveness of a government to promote the common good and achieve the development gnal!.t.a. and judicial power with the Supreme Court and the lower ~ourts.~v'~· ·are divided between two sets of organs.!l. ~~- people in a• mass meeting or primary assembly rather than through the med1um of delegates or representatives chosen t1) act for thern. and --' J "---'.....J.. it can be said that the Philippine government is a representative democracy. _ ately and legally responsible to the legislature and mediately or politi·~:. · ·-~.. one for national affairs and the -- .'-.ed out by the constitution as executive independence and pre. -· d·.. :H!). ...-'t. p. people to act as their rep_~_esentativer-.alland select body. · ztS(<C Garner.:--/. .»phere. 21 (2) "As to extent of powers exercised by the central or national govern- ment: (a) Unitary government or one in which the control of national and local affairs is exercised by the central or national government.. each organ being supreme within its own.-:~ ~ cally responsible to the electorate.. (see Art..sibility.. . '\l•orv \~~~ .. 2 '1Fundamentally. :. - ·t~ .occupies a pMition of irrespon. note . • • . • . and complexity of modern-day problems. 32.lature from trenching upon the sphere ma1·!>.. .~ ._". ".. 97-100.A ~'tVv--1._. for instance. The United States is a federal government.n c.. and furnishes him with sufficient powers to p-revent the legi::.. Introduction to Political Science. of a nation is not it. VI.._... ~-"' "'~- vther for local affairs. legislative power with the Congress composed of a Senate and a Hou..~-.. Conct!pf.. Under this system. expansion of territory..~. '. a unitary and presidential government with separation of powers. upon the legislature the power to terminate the tenure of office of the real executive. 20 and 2) Indirect.. the constitutional provision on initiative and referendum.j. Sec. 21 Garner. pp.s of Sl<ltt' <md Government. and (b) Presidential government or one in which the state makes the executjve constitutionally independent of the legislature as regards his tenure and to a hu·g(! exlent as regards his policies and acts.cly sm.19. It also embodies some aspects of pure democracy such as. or n~publican democracy or one in which the ltillof the state is formulated and exp1·essed through the ag_encygf. t.. executive power is vested in the President and the Cabinet..---. (). while the titular or nominal execu• .the Chief of State._.. what determine.rNTRODlJCTfON B....~ ..) Under our Ctmstitution.oTp-ersons ch075en by the.rogativG.ii form... ( ) Parliamentary government or one in which the state confers f ·... (b) Federal governmertt or one in which the powers of government . representative. 22 On the basis of the above dassHications of government..i ·:f .-' 1 ~ 0 It iii no longer phyFoically pos~ihle in nn_v country today because of increase of popula· tion.sc of Representatives.r..: \-.ive . •.. the Cabinet or ministry is immedi~ 4>'.

-. which . the serfs (a/iping namamahay). (2) Datu. named after balangay. for it possessed th e four basic elements of statehood.lwrs.Justice Norbcrto Romualdez. Phil.government.wa).. Nov . wealth. and military head.Each barangay was ruled by a chief called datu in some places. and t he "Kalantiaw Code" written in 1433 A. The two known written codos in the prt:>-Spanish era are the "!vlaragtaH CodE'" which was said to h ave been written about 1250 A. was clearly a s wi~e. ---The people of the barangay were divided into four classes. -. to which the datu belonged. In form . its c hit~ f executive. taking into consider atiori the circumstances and t he epoch in wh ich it was fr amed. by Datu Kalantia w. ·-· Prior to the arriv ~Il of t he Spaniards. Eve1·y barang~y was virtually a stat e. chief judge. how ever. he was assisted usuall y by a council of e lders (maginoos) which served as his advisers. (3) Social classes i11 the ba..rangay. n amely: the nobility (maha rlika). 12· 19: "A Rough Surv~y of tlH~ PreSpanish Legislation in the Philippine. The written lawl3 were promulgated by th(: <latus. Znide. (4) Early laws. as that of t he nations then at the head of civilization. ! (5 ) Comparison wWt other ancient govermnrnts. . He wn::.It can be said that the laws of the barangay wt~re generally fair. by Datu Sum akwel of Panay. D. and rajah. wisdom. virtues and intelligen ce clearly manifested in their legislation. and the slo ves (aliping sagigilid).NSTITU1'ION C. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION The pre-Spanish government. -·The early Filipinos had both written and mnvritten laws. some barangays joined together as "confederations" mainly for the purpose of mutual protection against common enemies. also of Panay. (1) Unit of government. PhiL Law Journal..'' by . 179. sultan or hadji in ot. "21 2·'S"'e Grego1·io F. An eminen t s chola r has written: "The Filipino people. Oov't . lawgiver..10 TEXTBOOK 0~ TTH: PHTLIPPJ NE CO. each called barangay (consisting of more or less 100 families j. the bara ng-a y wH s a monarchy with the d< •h t as the monarch. 1962 ed. the Philippines was compolSed of settlements or villag~!S.D.. pp. and a s humane. the fre emen (tim a. p. In the perfo rmance of his duties. l:!ven in the prehistoric times h ad a lread y shown high intelligence and moral virtues. as prudent. 1914. or physical prowess . At times. One cou ld be a datu chiefly by inheritance. a lthough defective was not so bad considering thl:! conditions in other lands in the age during which it flourishe d. The system of. The unwritten laws consisted of customs and traditions wVc:'h had been passed down from generation to gen~ration. however. a Malayan word meaning "boat" (ther eby confirming the theory that the early Filipinos came to the Philippines in boats).

Each of these cities had an ayuntamiento or cabildo (city council). As Captain-Gener al. (3) Government in the Philippines unitary. the Ministry ofUltramar (colonies) exercised general powers of supervision over Philippine affairs. -The powers of the government were actually exercised by the Governor-General who r esided in Manila. he exercised certain religious powers.:CTION 11 C. In 1837. Thi~:. the Philippines was indirectly governed by the King of Spain through . T he Government of the Phili ppines in Transition Government during the Spanish period. legislative. consummated by its conquest by ~1iguel Lopez de L£gazpi forty-five years later and long possession for almost four centuries. he had execu tive. and 1836-1837). As the vice-royal patron.The government which Spain established in the Philippines was centralized in structure and national in scope.I~TRODl. t he Philippines was ce ded by Spain to the U nit~d States. From 1821. The first Spanish Governor-General in the Philippines was Miguel Lopez de Legazpi (1565-1571) and the last was Ge n. however." "Captain General. until it was terminated in 1898. The council in Spain responsible for t he adminietration of the Philippines was the Council of the Indies. . Because of these broad powers. (4 ) The Governor-General. because of t he distance of t he P hili ppines from Spain . was justified. The barangays were consolidated into towns (pueblos) each headed by agobernadorcillo (little governor). popula rly called capitan. Three times during the Spanish period (1810 -1813. administrative. the Philippines was ruled directly from Spain." As Governor-General. and the towns into provinces. the Governor-General was assisted by many boards and officers. he was Commander-in-C hief of all the Armed Forces in the Philippines. Cebu was the first city to be established in 1565 in the Phi lippines. particularly the Board of Authorities and the Council of Administration. and judicial powers. it h <l~ been said that the Governor General enjoyed more powers than the King of S pain himself. In the administration of the Philippines.From 1565 to 1821. when Mexico obtained her independence from Spain. . the Philippines was given representation i n the Spanish Cortes. each headed by a governor who represented the Governor General in the province. when by the Treaty of Paris. -. Th e second was Manila . (2) Spanish colonial government. From 1863. 11) Spain's title to the Philippines. to 1898.It was based on the discovery made by Ferdinand MagQJlan in 1521. . it was abolished and legislation for the Philippines was temporarily performed by the Council of Ministers. Diego de los Rios (1898). 1820-1823. A basic principle introduced by Spain to the Philippines was the union of the church and th e state. Cities governed under special charters were also created . the legislative body of Spain. in 1571." and "vice-royal patron. He was "Governor-General.Mexico.

34-35. It a lso performed. . there were special courts.one in Cebu a n d the ot her in Vigan .. and the ecclesiastical courts which had cognizanct~ of canonical matters and ecc] N. (1 ) The Katipu nan government. (a) The S pa ni ~h rule. The Filipino people were not brutalized. . I t was a government fo r t he Spaniards a nd not for t he Filipino1:1. 1896. and (c) S pain uplifte d the Filipinos from th~ depth of prim itive cult ure and paganism and gave them the blessing!> of C hri ~tianity a nd European civilization. however. was generally mi ld a nd humane. pp. The demerits. of g lobal colonization. who. of the S panish adm inistration were more than offset by its merits .See G. were two Territorial Au.. together with a group of Filipino patriots. under on e God .The governme nt which Spain established in the Philippines was defective.which exercised a ppellate jurisdiction over criminal cases coming from the surrounding territory. Its decision was fina l except on certain cases of great importance which could be appealed t o the King of Spain.he Filipino people . ZaidE'. Below the R oyal Audiencia.12 Tl<.diencias established in 1893 .Th e R oyal Audiencia \>Yhich was established in 1583 was the Supr eme Court of the Philippines during the Spanish times. (b) It broug ht a bout th e uni fi eation of t. one King.he spirit of nati onalism. T he union of church and state produced serious stri f~s between the ecclesiastical and civil authorities.t instance with both civil a nd criminal jurisdiction were es t ablished in the provinces.iastica l offenses . . Treas ury a nd commercial courts wer e Rlso created but were later abolished.The K atipu nan was the secret soci ety t h at preci pitated our glorious revolut ion on August 26.. Governments during the Revolutionary era. Spaniards and Filipinos intermarried and mingled socially. (6) E valuation of the Spanish Government in the Philippines. signed the covenant of the Katipunan with their own blood on 2 . 1 '. and out of t heir common grievances against Spain . At t he bottom of the judicial system were t he justice of t he peace cour ts which were ef'tablished in the tiifferent towns in 1885. like the miJitary and naval courts which h a d j urisdiction over military offenses . functions of executive and legislative nature . Slavery a nd t ribal wars were suppressed. a nd one gover nment.F. cit.IT!O!\ (5) The Judiciary. note 24. op. .XTBOOK ON THE PHILIPPINE CONSTITl. and corrupt . Equality before the law was denied to the Filipinos. blossomed t. In 1886. courts of fin. when viewed in the broader light. It was organized by Andres Bonifa cio. The Spanish offic ials we re often ine ffic ient. The diver se tribes were molded into one people. In a ddition.

In each province there was u Provincial Council (Scmggu. It was replace d by another government whose officials headed by Gen. in view of the chaotic conditions in the cou ntry. 1898. . 1892.June 29. The Katipunan was the first clear break from Spanish rule with the ultimate goal to establish a free and sovereign Philippines. Aguinaldo established the Revolutionary Gove rnment repla cing the Dictatorial Government with himself as President and a Congress whose function was advisory and ministerial.I:-.ng Katipun. Gen. nonifacio was th." Th e Biak-na-Bato Republic lasted up to December 15.nak ng Ba_.an ng mfla A.n or Katipunno for short was actually the brainch ild of Marcelo H. Gen. coloni·' l rnle in the country. Emilio Aguinaldo in Kawit . were elected in the Tejeros Convention held on March 22. It esta blished a "free '16The Katartstaa. a re\·o tutionary Congress of Filipino rcpresentat.niang BalangayJ and in each town.he Phiiippine:. a Popular Council (Sa.On . (2) The Biak-na-Bato Republic. 1898 the proclamation of Philippine independence made by Gen.~6 The c~ntral government of the Katipunan was vest. He becam e the moving l'< piri t of the Katipunan. He tried to establish it in Manila in 11:190 but succE~edl:!d only in 1R92 thr ough the he lp of his brother -in-law DeQdato Arellano and other F ilipino patriots. 1898 and framed the so-called Malolos Consti tut. 1898 and the reorganization oflocal governments. The judicial power was exercised by a Judi ci al Cound l (Sanggu niang Huhu mani.horted La Liga Filipina . the organization through which Filipino dema nds could be pursued peacefull y." and "to prepare the coun try for the establishmen t of a rea l Republic. Aguinaldo. The Malolos Congress ratified on Septembt!r 29." (3) The Dictatorial Government. -Following the outbreak of the Span~ ish-American war on April 25. 1897. 1898. . until all nations including Spain will expressly recognize it. Bulacan).<TRO D UCTIO N C.·u. It declared t hat the aim of the revolutions was the "separation of the Philippines fro m the Spanish monarchy a nd their form a tion into an independent state. The f(lunding of the radi<'al Kati punan justified the Filipino peoph!'S rt>sort to force because the colonial authorities a. 1897. Bulacan at the call of the Revolutionary Government. a republic was established by Gen. Del Pilar envi.ed in a Supreme Council (Kataastaasang Sanl{guniani. The word "Ka tipu nan'' suggests oneness.. <4) The Revolutionary Government. The Guve rnment of\.ion.iont>d the Katipunan to be the "weapon of the weak" against. The decree making such change stated that th e aims of the new government were "to struggle for the independence of the Philippines.t into the mat>lstrom of the Philipp in(! revr> lution. 1897. establis hed the Dictatorial Government on May 23. del Pilar. Ka.." (5) The First Philippine R epublic. in Transition 13 July 7. Cavite on June 12. with the conclusion of t he "P act of Biak -na-Bato.san. Aguinaldo in Biak-na-Bato (now San Miguel de Mayumo. The most important achievements of the Dictatorial Government were the Proclamation of Philippine Independence at Kawit . Emilio Aguinaldo as President.·u!. It had a constitution which was to take effect for two years only.On November 1.June 12.ngguniant? Bayanj.iYes met in Malolos. This Constitution was t he first democratic constitution ever promulgated in the whole of Asia. g a lanl{galu. 1898. --On September 15. Cavite on . 18 98. With the death of Del Pilar.

the day aft er the ca pture of Ma nila. However. 7-!!idc. 1899. of a n ew colonia l power. legislative. The Ma lolos Constitution which provided for the est ablishment of a P hilippine Republic had no opportunity to opera te. 190 1. 1H98. Our First P hili ppi ne Republic was not recognized by t he fa mil y of n at ions. He remained as Presiden t of the Philippine Commission. the Civi l Government was inaugurated in Man ila on July 4. Th e Civil Governor (the title was la ter changed to Governor-Gene ra l on Febru ary 6. Thus. op. was Major / Genera l Arth ur J\. Aguina ldo was captured . 1899 to Ma rch 23. this in no way diminis hes t h e histor ica l signifi cance of the Ph ilippine Revolution of 1896.l4 T £ XT fi00 K ON THE PHI LIPPI NE CONSTITUTION a nd indep end en t Phil ippine Rep ublic" whi ch wa s inaugu r a t ed on . It exis ted from Janu ary 23. the United States a nnexed the Philippines a s a r esult of the Spanish-American War a nd in April. The Philippines was repr ese nted in the Unite d State s by t wo Resident Commissioners who were elected by the Ph i lip pine Legis lature.The America n military r ule in the P hilippines bega n on August 14.S. 1899 with G(m.. Governments during the American regime. From 1907 t o 1916. d t. 38-45. the Republic was s hort-lived . the Philippine Commission a cted a s the upper house of the legislative branch with th e Philippine Assembly serving a s th e lower house. His au thority was delegate d t o t he military governor wh o exercis ed as long as t he war lasted.F . note 24. Congress on March 3. 1901. (1) The Military Government. 1901. a s Comma nder-inChief of a ll A rmed F orces of the United States. and the th ird and la st. h eaded by a Civil Governor whose position was created on October 29.b eArthur. the sole lawma king body of th e government from 1901 to 1907. The exis ten ce of war gave t he President of the U ni ted St a tes the power to establish a Military Government in the Philippines .. T hese com missioners had seats in 27 SE!e G. a nd judicia l. With the pass age of t he Spooner Law in 1901. Aguina ldo as President. . t he second was GeMral Elwell E. 1901) which ended the m ilitary regime in th e Philippines . Ot is. (2) The Civil Government. It was neverth eless a n or ganized government beca use it actually existed a nd its author ity wa ~:> accepted by the people.Ja nuary 23. Th e fi rst Ame ri can Mili t a ry Governor was General vVes ley Mer ritt. these two bodies ga ve way to th e Philippine Legislat ure. a ll power s of government . its in depen dence cut short by the superior might.executive. Gen. 1905) also exercised legislative powers . pp. .Pursuant to the s o-called Spoo ner Amendment (on the army a ppropria t ion a ct passed in the U. It wa s the first war of independence fo ught by Asia ns a ga inst fore ign domination and it gave birth to the first constitutiona l democracy in Asia and th e West P acific. 1901 Y In February.

During World War II .The next stage in the political development of the Filipinos was the establishment of the Commonwealth Government of the Philippines pursuant to an act. (1) The Jap anese Military Administration. The Government of the Commo nwealth ofthe Philippines was very autonomous. . with Manuel L. one day after its occupation. pp. commonly known as the Tydings-McDuffi. The new government of t. the United States retaining control only over matters involving foreign affair:-~ . 'I'aft 0901-1903 ). the Commomvcalth Government fum. 54·55. . lower) courts provided by law.. Douglas MacArthur. of the United States Congress on March 24. but without the right to vote. The Govemm'!llt of t ht! Philippines iu Tr(l n sition 15 the United St at~s House of Representatives.e.tione d in oxile in Washington from May 13. :"<. Under a proclama2 "See Ibid.e Law.. 1935. 1945 when Gen .h Government under the ( 1935) Constitution. The last Governor-General was Frank Murphy (198:~-1935) who was also the first High Commissioner of the United States to the Philippines upon the in au~ura­ tion of the Commonwealth Government of the Philippines. r eeeiving the same emoluments and other privileges a. The judicial power was vested in the Supreme Court a nd inferior (i. following the first national election under the 1935 Constitution h eld on September 12. 1942.:t~< The fir ::~t Civ·tl Governor was JudgQ William H. was inaugurated on November 15. Quezon and Sergio Osmefia. 1944. deemed successor to the Government of the Philippine Islands. He was succeeded by Luke F. 1946.s the American members of that body. the independence of the Philippines would be proclaimed <'!nd established. The Commonwealth Government of the Philippines was republic an in form under the presidential type . as President and Vice-President. vested in a unicameral Nat ional Assembly a nd later in a bicameral Congress composed of the Senate and the House of Representatives. respectively. Wright (1904-1906) who wa~ the first American to enjoy the title of Governor-General of the Philippines. Governments during the Japanese occupation. The Filipino~ had almost complete control over the domestic affairs.he Commonwealth of the Philippines. Among other things. The legislative povu~r was first. 1942 to October 3. the Jaw provided for a transition period often years during which the Philippine Commonweal th would operate and at the expiration of ::. lurnt~ d over to Pref:'ident Osmena the full powers and responsibilities of t he Commonwcall. 1934.It was established in Manila on January 3. .-aid period on July 4. in a ceremony held at Malacafiang Palace on hehalf of the United States Govern ment. 1935.INTRODUCTJON C. It was reestablished in Manila on February 27. ( 3 ) The Commonwealth Government of' the Philippines.

the ultimate source of its a uthority was the Japanese military a uthority an d go vernmen t.Japanese had been vanqu ished and constitutiona l processes in t hfl country restored. installed a ""See ibid. Vargas as chairman. . P r esident Laurel proclaimed th~ dissolution of i. the Pr esident of t he United States was aut horized to proclaim the independence of the Philippines prior to July 4. -On October 14. 1981. 100-1 01. the Second. a fter th e decl aration of martia l law on September 21 . Marcos <Jn . 1899 under the Malolos Const itu tion . 1946 to .16 TEXTBOOK ON THE PHfl. pp. it funct ioned without the indepen dence which it ha d tradi tionally enj oy ed. subject to the approval of the Commander-inChief of the Japanese For ces. Like the latter. 1102 of President Ferdinand E. The com mission exercised bot h the executive and legislative powers.June :30. 9:3. President Ferdinand E. 1946. Marcos. .June 29 . The laws enacted were. the sovereignty of the Unite d States over t he Ph1li ppines was declared terminated. HJ44 . 1946 with Manuel A.Sg_cgpd World War but also for the Republic of the P hilippines un til the "ratifi cation" of the 1973 Phili pp ine Constitution establishing a parliamentary form of government. 1945.IPl'INE CONSTITUTION tion iss uNl by the . re. 2!l (3) The Japane~o:e-sponsored Rr~public of the Philippines. 11 3. ( 1) Under .. on October 14.upted by th'e .Japanese High Command.. <2) The First Republic was established on January 23. approved by the United States Congresg on .Jose P . (2) The Phihppine Executive Comrnission. 1981. a s a mended in a plebiscite on April 7.w not only for the Commonwealth Government which was inter. 1946 under the 1935 Constitution. effected by virtue of Procl amation No. Valdez Tan Kch. the so-called Japanese-sponsored Republic of the Philippines was inaugurated with .:JU On August 17. and t he Third. The previous Philippine Republics. . Roxas as the first President a nd Elpidio Quirino ag th e first Vice-President.J uly 4. It was ofihe same character as the Philippine E xecutive Commission. 1943 under the Japanesesponsored Constitution. 75 Phil. however. 1946 as the last Commonwealth President and Vice-Presidcn t. on . The Republic of the Philippines wa s formally ina ugur<lted on July 4. 1973. T he 1935 Constitution served a s the fundamentall"\.Joint Hesolution No . in his inaug ural add1·ess on . ·'''Co Kim Chan vs. The judiciary continued in the same form as it wa~ un der th e Commonwealth.A civil government known as the Philippi ne Executi ve Commission composed of Filipinos with J orge B. 1972. proclaimed th e birth of the Fourth Republic under the 197:3 Constitution which.he Republic. Howevt>r.July 4 . a fter t he . Roxas and Quirino also served fr om May 28. 1943. wa s organized by t he military forceg of occupation.s peai vely. Laurel as President.Jan ua ry 17.

i<1l law on Sept.ay !l9fi:l.sidcnt. there were nine Presidcnts 32 in the previous t hree r epublics. (see Art. l Prcsidt\nt.l957i. including Manuel Qu~zon 1\935-1944 ! and Sergio Osmei'ln : Hl-14-1946 1 who both served as Comm onwealth PrP. including President Marcos in his two (2) terms in the Third Republic. :12.~mos (1992. 3 that the provil:lional government established t hel'ounder was revolutionary in character (without calling itself as such) having been install ed by direct action of the people or by "people power.. 1987. A de facto go\'ernmcnt acquires a de jure status when it ga ins wid e acceptance from the people a nd recognition from the community of nati ons. Estrada (!998-200li.4-ye~r rule of President Marcos from t h e d~claration.. follownd by Fidel V. s~~.:ed to give up the l'residt~ncy.c. 1986.~ Presidant. Aquino took her oath of office on the morning of February 25. -.:. C'arlol5 P.·~cceeded b:..The first is one constitut ed or founded in accordance with.. Macapagal-Arroyo WH". }{oxas (19461948). l F'rom 1898 to pre.l!trada. Sec. (2) De jure I de facto. \'1. . The Gover-nm ent of th~ Philippines in Transition 17 modified parliamentary system of government. (If separnt. l957.ions after serving the L ast three! 3 1 year!': of the term of Presi den t F.ruinnlclo 0898-1901J.Josf•ph r:. the last day of a four-d ay "people pc>wer" revolt <Feb. (l:t Reuolutionary. She . R. 1. J9HG by the so·callcd "people power n!volution. 22-25) t hat culminated in the ouster of President Ferdinand E. . Macapagal C 3 "The last. she read Proclamation No. of mart.1998). she swore to preserve and defend the "fundamental law" (not the "Constitution") and ex~cute "just laws" <inl:ltead of "its laws").1961J. Jose P.The government was revolutionary because it was instituted not in accordance with t he procedun? provided in an existi ng Constitution. !see not." waF: generally d~~cribed as dictatorial or auth oritarian . San . Section 1.. ovP.:H thus making him its first Pre::1ident. par. '"With the ouster of President Marcos. we have 14 Presiden tr.n February 2.\1a. VI.rthrow on Fchruary 25.darlo P.">trada a. In her oath. 4. and Ferdinand E. Laurel ( 1943-1945j.embcr 21. There is a definite acknowledgment in Procl amation No. Arroyo wa~ elt>e ted (not rn-clecbH]) for a six-year term in the May 10. Co razon C.elected \"ice-President in 1998. became. 2004 e lflct. Marcos.Juan .'' deriving its existence and authority directly from the people themselves and not from the then operati ng 1973 Constitution.the President. :. El pidio Quiriuo 11948·195:31. to Sc(:. . "Principlf.\quino HJ86-1992).J:J The present Republic came in to being upon the ratification of the 1987 Constitu tion (. 1972 u ntil hi. and Gloria Macapagai-Arroyo <2001-presentJ. 1. Dio. in 2001 whe n the l11tter wn~ fcm. while the other is not so constituted or fou nded but has the general support of the people and effective control ofthe territory over which it exercises its powers.nuc~J :\. l:{amon Mngs<ty. Before Corazon C.) ~!Namely : o '1 'Se~ . 32 of Art. 1 wherein she declared that she and her Vice-President were "taking power in the n ame a nd by the will of th e Filipino people" on the banis of the clear sovereign will of th e people expressed in the e lection of February 7. Metro Manila.q.1NTHODUCTIO:-.ion (If powers" under At·ticln VI. Garc i<1 (March l961-196Gl. All in a ll .31 The Provisional Government of 1986. the existing constitution of the state (according to law ).ent . VII. C. Marl'os • I9tif>-l 986.e 2.J. 1986 at Club !filipino. ls~e no te 2 to Art. Emilio A~:.

to prevent the government from amending. any constitution.If! TEXTBOOK OK THE PHII. pending approval of a new charteL ~· (6J The ProvisionaL Constitution.hic. the r evolutionary government was ill egal for lack of constitutional basis not having been sanctioned by either the 1935 or the 1973 Constitution. a purely revolutionary rme but a hybrid constitutional revolutionary government. the Provisional Constitution did not have t. 27. i. adopting in toto insnfar as they are not inconsistent with the provisions of the Proclamation.t.~ . the Provisiona l Constitution 1as wt:ll as the revolu tionary government which operated under it l self-dest1·uc:t upon the ratifi cation and effectivity of tht> new Constitution on February 2. certajn provisions of the 1973 Constitution.. it was based on the consent of the governed or the approval of the people.he status of a supreme or fundamental law because the government was not created by it and was not bound to obey it.<:!ctn~~.. (3) Constitutional and transitory. a revolutionary government. the term constitution refers to "that body of rules and princj_p]. By its very nature.h. 3 promulgated a Provisional Constitution to repln.s ia accu:r. 1987.. . therefore.. to exist for a limited period until the ratification and effectivity of a permanent constitution. There was no question then that the revolutionary government had won continuous public acceptance and support without any rcsistanrB whatsoever anywhere in the Philippines and the r ecognition of practically all foreign governments . It is said that a revolutionary government is clothed with unlimited powers because it makes its own laws. In its broad sense .w. CONCEPT OF CONSTITUTION Meaning of constitution. governing under a provisional or in terim constitution the people could invoke to protect their rights and to promote their welfare. suspending or abrogating the Provisional Constitution and adopting a new one or operating without.and provisions.. -The provisional government was claimed to be democratic because it wa~ in stall ed by direct action of the pMple as a direct expression or manifestation of their sovereign will.cP the former . and.e. it is "a law unto itself..e.) D. with the adoption of the Provisional Constitution. .-"~-J~_h. (Art." However.h . (5) Power/:i. -The provisional government was not. (4'> Democratic... XVIII .9"Yer~ _ s ove-reignty -~Ye or . as the interim Constitution.. Sec. There was nothing.A revolutionary government heing a direct ct'eation of the people. P. It was a de facto government but acquired a de jure status.ll'PlNE CONSTITUTION At its inception. derives its power~ from the people to whom alone it is accountable. Jn other words. the revolutionary government opted to abide with and to subject itself to the provisions thereof. Proclamation No.Instead of declaring the 191~ Con-s titution with certain amendments and minus certain article~_. however.

p. Meaning of constitutional law.\1ain. it has been ~. cit. . · With parti<:u 1ar reference to the Can stitution of the .onstitutional Law.(undaiiiimtal fii\v·&6 -it:spe~l_l. Con~ti. p.INTRODUCTION D.Qhtributed among . ~~This it. 10 Its function is not to legi s lat~ in detail hut to set limits on the otherwise unlimited power of the legislature.'\ .{s for t.titutionalis m. it cover s both.!)~-safe and \.A constitution is the ylfartf.ll. It has the status of a ppr~mlil gr .regulas!Y-~rcised .the several d epartment::. basic framework and underlying principles of government. The root:> ofcOil.pvines. ¥'1\11.EhJli.Statf! v~< ..onstitutions. 36 \Vi~" \'"-. ~8 (2 ) Establisht!.. (.~~ As t hus defin ed . . \A\"'.$. 4 . economic and political life ofth t~ nation because i t.ent. their nature.ercise for the benefit of the people.wers_of the government are established.PdamentalPa..of the government. Concept of Coniltitution 19 . governs . 3 ~Ma!t. whether proceeding from the highest official or lowest functionary.:l. . 36 . not so unde r the Rritish Constitution in view of the su premacy of P11rliament wh ich det-e rm ines what is con11litutional. See Malcolm and Laurel. a lthough in a general way. a "mMe sc1·ap of paper" if they a llow those in authori ty to viola te it with impunity... or _pran~:hes for tht. (1) S erves as the supreme or fitndamentallaw. practically all areas of human t>n deavor.tinwritten ~on stitution~.:.iTex. n<)te 32. •"Its effectivene~s as tile supremn Jaw dopends to a great dP.instrJ. and interpretation.gree upon thl:! people the mselves. being the court of last resort) of the 3~Sec Cooley. 6 (J936l.) which treats of c. \'"• • Nature and purpose or function of constitution.L m.<. Phil.\!:_ creating the gov~r !!ment.n AtL HO.i=!:ttelj and . lt is the law to which all other laws must conform a nd in accordance with which all private rights must be determined and aJl public authority administered_:n It is the test of the legality of alJ governmental actions. it may be defined as that wdtt@. and defined and by which these power_~_ ~1~~ . It refers to lhe law embodied in the Constitution a s well as the princi ~ pies growing out of the interpretation a nd application made by the courts (particularly the Supreme Court. ~9 lt is primarily designed to preserve and protect the rights of individua ls against the arbitrary actions of those in authority. op.utionnl limitations. It is binding nn all individual citizens and all organs ..sef\. their respective powers and duties.by which the fl.<.a id . -The purpose of a cons titution is to prescribe lhe permanent framework of the system of governm ent and to assign to the different departments or branche1:1. formation . supra. and to establish certain basic principles on which the governm ent is founded..•>lrn and Laurel. limited. Constit.J:'Ie -~[_l_tire people from \\fhomit derives its claim to obedience. p. Tt becom n. 2.tutionallaw may be defined as that branch of puhJic law (see A. [t actu ally serves as the framework of th e soci.. lie in the hearts of the people. amendment. •1 ~. and lc!Sislatcs accord ingly.

1 ' See Garner. (3 ) As to manner of am. rather than from a deliberate and for m a l enactment. a nd r igid or inelastic. 42 The English Constitution is unwritten only in the sense that it js not codified in a single document. to th eir origi n and history: (a ) Conventional or enacted. . judicial decisions.1mding them : \a ) Rigid or inelastic..the Acts of Parl iament and judicial decisions. Ph il.r with a smaller body of statutory enactments of a fundamental character." (see E.r<>vernmcnt. written. 508. Thus . 67 11962i.io ns .les. usages a n d judicial decisions togethP. 6 . It was draft ed by an appointive body called "Constitutional Commission.LikH the Engli!:'h Consli.. usually by a specially constituted authority called a "constitutional convention". there is no ConRlitution that is entirely written or unwritten. Poiitica l Scien ce and C'. Indeed.} •'V..<tit\lt. consisting targely of a mass of customs. ·b~--classified a!'i con ventional or en· a (. '"Strong.stic. I! Lh e d .One regarded as a document of special s anctity which cannot be amended or altered except by some special machinery more cumbrous tha n the ordinary le gi ~ lative procl:!ss. 44 The Phi lippi ne Co n~ti tution ··ro-~. the Philippine Con· stitution itself is bnef hut the Ja w of the Constitution lies scattered in thousands of Supreme Co urt decisionsY Kinds of constitution. Constitutions may be das1>ified as foll ows: ( U A<. -·. Pn lit i<:al Sctc: ntt! and Go v~ rnment. P ol it i•:a l Law. p. and (bJ Cumulative or evolved . ThE! above cla ssification substa n tially coincides with that of written and unwritten constitutions. in fra.One which is enactNl by a con~titu ­ c nt assembly or gra nted by a monarch to his subjects like the Constitution of J apan in 1889. p. p . ··.G.20 TEXTBOOK ON THE PHlLIPPlf\i .n and ib ) Flexible or ela.t ution.One which is entirely the product of political evolution. ~f<tdern l'oliti<-n l Cttn. p. and (b) Unwri tten. . (2) As to their form : (a ) Wri tten. etc . .One which has been given definite written form at a particular time. usua lly bearing diffenmt dates. ·•·•Garner. Part of it is written . traditions. ·-. nOB.ted . Since•.One which possesses n o h igh er legal authority than ordinary laws and which may be altered in the same way as oth(!r laws. . one which is a product of growth or a long period of development originat· ing in cus toms.b: CONSTlTUTION provisions of the Constitution in specific caf.

~ 5 (2 ) Its disadvantage lies in the difficulty of its amendment.) This prevents the immediate introduction of needed changes and m ay thereby retard the h ealthy growth and progress of the state. This is because it is prepared with great care a nd deliberation. This group of provisions has been called the constitution of government.. (see Art. Such a conRtitution cannot be easily bent or twisted by the legislature or by the courts. Jt would probably never be understood hy t. it would lose the advantage of a fundam ent al law which in a few proviH ions outlines the structure of the government of the whole state and th e rights of the citi1.ens.because if a constitution is too detailed . (b) That setting for th the fundamental rights of the people and imposing certain limitations on the powers of the government as a "'Ibid. it should contain at least three sets of provisions: (a) That dealing with t he framework of government a nd its powers. a good written constitution should be: (a) Brief. 1lp. 18 (2) As to contents. and political conditions.. Concept of Constiiu t ion 21 Advantages and disadvantages of a written constitution. . note 32.. 'The scope must be wide enough to make the Constitution n t<xib le and easily adaptable to (:hanging social. tor a Constitution is designed l.. and thus . pp.c: to form.16. and of the re lations between the governing body and the gove rned. economic. (1) It has the advantage of clearness nnd definiteness over an unwritt en one. indeed. it is more st able and free from a ll dangers oft~mporary pop. (1) A.-. it would then be nec£...46 Requisites of a good written constitution. and defining the electorate. to meet the temporary fancies of the mom ent. the protection it affords and the righ ts it guarantees are apt to be more secure/ Moreover.JNTRODUCTTON D. .1f the powers a nd functions of government.because otherwise the application of its provisions to concrete situations may prove unduly difficult if not impossible. (b) Broad. XVII. to meet every exigtmcy.. 47 and (c) Definite.nable i t.. .ulat passion. if possible ''to nndurf:' liJr ages to come.o b(:l ~permane nt document to serve a coun try for mnny generations .ssary to amend it every once in a while to cover m<my future contingencies. p. Hence. 524. Furthermore. 15. without amend· numt. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable har m." ·~sec Malcol m and Luurel.because a statement <. .. <:it. requires that it be as comprehensive as possible. . Civil war and the disruption of the !:'tate may conceivably follow from ambiguous expressions in a constitution. 'H f bid.h(~ pu blic.

( l) A ccnstitution is a legislation direct from the people. therefore. Sec. ·~see Garner.S. L-79974. Constitutio nal Law. and (4) A constit ution is the supreme or fundamental law of the State to which statutes and all other laws mu~t conform.ution merely states the general framework of the law and the government. 49 Constitution distinguished from statute.:. 5 "Sarmitmto Ill v. pp. while a statute is intended primarily to meet existing conditions only.J. VIII . however.) Thus.. (see Art.. (a) This function primarily belongs to the courts whose final decisions are binding vn all departments or organs of the government. " 16 C. the future.. VI. but in accordance with what said provision$ say and provideY (b) There are. Authority to interpret the Constitution. and (c) That pointing out the mode or procedure for amending or revising the constitution. .. however. 17. while a statute (see Art._on. "'Black . or judicial. In troduction to Political Science.• p. including the legislature. beyond the power of the judiciary to decide. that only those charged with official duties.e . (:1) A constitution is intended not merely to meet existing conditions but to govern.TEXTI300K ON THE PHILIPPINB CONSTf1'UTlON means of securing the e~joyme nt of these rights. (2) A constit. 390-:!98. while a statute provides the details of the subject of which it treats.1987. This group has been referred to as the constitution of liberty. :~ rd <!d . constitution al questions !i. 4.MI (2) It is evident. Dec. Sec.. whether executive. political questions) which under the Constitution are addresse d to the discretion of the_ other departments a n d. pp. t he determination of the President as to which foreign gcvernment "is to be ~ecognized by the Philippines cannot be passed upon by the courts. Mi.) is a legislation from the people's representatives. legislative. ( l) Even a private individual may interpret or ascertain the meaning of particular provisions of the Constitution in order to govern his own actions and guide him in his dealings 'Vith other pen:ons. 55. can give authoritative interpre· tation of the Constitution. They will thus construe the applicable constitutional provisions not in acwrdance with how the ·executive or legislative department may want them construed.. 49-50. 1. This group has been called the constitution of souereignty.

It is. (1) Framing and ratification.. •ssee 76 C."" E. (c) Approval on F ebruary 8. . 152 SCRA 284. G •Nitatan vs.S.While the Tydings-McDuffie Law empowered the Filipinos to frame their own constitution . with 44. 49-50.Briefly stated. Roosevelt of the Tydings-McDuffie La w. otherwise known as t h e Philippine Independence Act. sought to be prevented or remedied. 1935). {d) Approval on March 23.INTRODUCTION E. pp. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES The 1935 Constitution. Constit ution of thn Rep ublic of the Philippines 23 Purpose in interpreting the Constitution. (2) Limitations and . 53 It may be assumed that the people. 1935 by the convention by a vote of 177 to 1 of the Constitution (the signing began on t he following day and was completed on February 19. Commissioner of Internal Revenue. The fundamental purpose in construing constitutional provisions is to ascertain and give effect to the intent of the framers and of the people who adopted or approved it or its amendments. therefore. . and (e) Ratification on May 14. were guided mainly by the explanations given by the framers on the meaning of its provisions .213. enacted by the United States Congress. it contained. 1935 by Pres. the steps which led to the drafting and adoption of the 1935 Constitution of the Phil ippines are as foll ows: (a ) Approval on March 24. in ratifying the Constitution. should include a bill of rights. together with a certification that the said Constitution conformed with the provisions of t he Independence Law. Aside from other specific limitations and conditions laid down therein. 1987. the duty of the courts to constantly keep in mind the objectives sought to be accomplished by its adoption and the evils. . 1934 by President Franklin D.conditions. 1934 by the Philippine Legislature of a bill calling a constitutional convention as provided for in the Independence Law. July 23. authorizing the Philippine Legislature to call a constitutional convention to draft a constitution for the Philippines. 1935 of the Constitution by the Filipino electorate by a vote of 1. provisions limit ing such authority.046.J. Roosevelt of the Constitution as submitted to him. if any. it enjoined that the constitution to be dt·afted should be republican in form. (b) Approval on May 5.963 against. however .

other sources were al so consulted by the framers. of the three mentioned.The 1985 Constitution of the Philippines did not contain original ideas of government. 1900. Wilham McKinley to the Second Philippine Commission on April 7. and (d) the so-called Parity Amendment which gave to American citizens equal right with the Filipinos in the exploitation of our natural resource s and the operation of public util ities. particularly the Malolos Co. was the nearest approach to a written constitution. Upon the final and complete withdrawa l of the sovereignty of the United States a1:d the proclamation of Philippine Independence. (b) that a llowing the reeligibility of the President and the Vice· President for a second four-year t erm of office. this issue was settled in a plebiscite held on April 30. While the dominating influence was the Constitution of the United States. 1902. Concerning women suffrage. 1916 which.24 TEXTBOOK ON THE PHILIPPINE CONSTITUTION and should contain certain proVJSlons intended to define the relations between the Philippines and the United States during the commonwealth period and a fter the establishment of the Philippine Republic.~ 1935 Constitution (Art. wh en 447 .1stitution and the three organic laws that were enforced in the Phi lippines before the passage of the TydingsMcDuffie Law. the Philippine Bill of July 1.. 1946. . Article XVII (which later became Article XVIII after the Constitution was amended) declares: "The government established by this Constitution shall be known as the Commonwealth of the Philippines. (3) Sources.307 women voted no.725 women reportedly vote d yes and 44. (4) Scope.. . It automatically became effective upon the reestablishment of the Commonwealth Government on February 27. In compliaMe with 'th. (c) that creating a sepa rate Commi ssion on Elections.The 1935 Constitution had been amended three times.). 1937. The 1935 Constitution ceased to operate during the Japanese occupation from 1942 to 1944. 1 thereof. -The Constitution as approved by the 1935 Constitutional Convention was intended both for the Commonwealth and the Republic . the N ational Assembly passed. . V. Thus.a la\v which extended right of suffrage to women. The 1973 Constitution.The experience of more than three decades as a sovereign nation had revealed flaw s and inadequacies in the 1935 Constitution . and the Jones Law of August 26.. namely: the Instruction of Pres. Among the amendments are: (a ) that establishing a bicameral legislature. Sec." (5) A mendments. ( 1) Framing. 1945 (supra. the Commonwealth of the Philippines sh a ll henceforth be known as the Republic of the Philippines.) and the inauguration of the Republic of the Phili ppines on July 4.

1972. passed Resolution of Both Houses No. and to afford ample opportunities for the citizenry to express their views on important matters of local or national concern. the barangays were to conduct a referendum on n ational issues between January 10 a nd 15. was made the basis for the drafting of amendments to th e new Constitution. 1973 defining the role of barangays (formerl y Citizens' Assemblies). The convention started its work of rewriting the Constitution on June 1. as against 743. certified and proclaimed that . 1973. 1972 creating a Citizens Assembly in each barrio in municipalities and in each dis trict in chartered cities throughout the co~ntry." particularly the new and grave proble ms arising from an ever increasing population.According to Proclamation No. the following qn~stions were submitted before the Citizens' Assemblies or Barangays: 1) "Do you approve of the New Constitution'?". the President of t he Philippines. 1970. . (b) Under the same decree. The 1935 Constitution. (2) Approval by Citizens Assemblies. 14. On the basis of the above results purportedly showing that more th'an 95% of the members of the Barangays (Citizens Assemblies) were in favor of the new Constitution and upon the allegedly "strong recommendation" of the Katipunan ng mga Barangay .298. Subsequently. 1973.814 answered that there was no need for a plebiscite. (a) "To broaden the base of citizens' participation in the democra tic process. 86-A was issued on January 5. and 2) "Do you still" want a plebiscite to be called to ratify the new Constitution?" (3) Ratification by Presidential proclamation. urgently pressing for solution.1972. 1081 placing the entire country under martial law.. The proposed Constitution was signed on November 30. authorizing the holding of a constitutional convention in 1971. 1102 on January 17.Earlier on September 21. Const itution of th e Republic of t ho Phili ppines 25 (a) Taking into account the "felt necessities of the times.869 who voted for its r ejection. 4. 14. with reference to the Malolos Constitution. 6132 was approved setting November 10. as election day for 320 delegates to the Constitutional Convention. 86 was issued on December 31. 1973. passec on June 17.INTRODUCTION E. 86-A. the President of the Philippines issued Proclamation No. 1967. through Proclamation No. 2 (as amended by Resolution No. 1102 issued on January 17. (b) On August 24.976. 1971 ." Presidential Decree No. . Presiden tial Decree No. On the question a s to whether or not the people would still like a plebiscite to be called to ratify the new Constitution. 1969). Purs uant to Presidental Decree No.561 members of all the Barangays (Citizens' Assemblies) voted for the adoption of the proposed Constitution. Republic Act No. 1970. Congress in joint session on March 16.

the Suprem~o Court recognized the validity of the 1973 Constitution. regional. the "Law Governing the Constitutional Commission of 1986. 62 SCRA 270." Under the Proclamation. with a prepo nderance of lawyersbecause of the withdrawal of an opposition appointee and non-accepts~ln cases involving the above proclamation. Dilag vs." "to organize the Constitutional Commission. 31. (b) that granting concurrent law-making powers to the President which the latter exercised even after the lifting of martial law in 1981. (e) that allowing the '"'grant" of lands of the public domain to qualified citizens. COME!.26 TEXTBOOK ON THE PHIUPPINE CONSTITUTION the Constitution proposed by the 1971 Constitutional Convention had been ratified by the Filipino people and had thereby come into effect.. the regular Presi· dent and regular Prime Minister.'' There was. 9.sed all the petitions filed . Tan vs. no rulint(that. In suhs~quent cases.t·atified. 1973. Executive Secretary.. the Commission was composed only of forty-eight (48'! members. for use by them as residence..EC and National Treasurer." As constituted. 3. however. . (1) Framing and ratification.the 1973 Constitution has been validly . Roxas v~:. Executive Secretary. 1973. dismi..The 1987 Constitution was drafted by a Constitutional Commission created under Article V of Proclamation No. but the votes were not enough to declare that the Constitution was not in force. Executive Secrct. to provide for the details of its operation and establish the procedure for the ratification or rejection of the proposed new Constitution. 1986 Proclamation No. (d) that permitting n atural-horn citizens who have lost their citizenship to be transferees of private land. March 31. The 1987 Constitution. and (f) that providing for urban land reform and social housing pro· gram. It said that "this being the vote of the majority there is no further obstacle •t-o the new Constitution b~i11g considered in force and effect. Melchor. Among the important amendments are: (a) that making the then incumbent President. Jan. 1986 which promulgated the Provisional Constitution or "Freedom Constitution" following the install~tion of a revolutionary government "through a direct exercise of the power of the Filipino people. . See also Aquino vs. 1!1 al. Monteclaro vs. Javellana vs. because six (6) out often (10) justices held that there was no valid ratification. the Constitutional Commission "shall be composed of not more than fifty (50} national. (c) that establishing a modified parliamentary form of government.3 issued on March 25. the Supreme Court on March 31. 1975. 6 SCRA 1048." (a) Pursuant to Proclamation No. -The 1973 Constitution had been amended on four occasions. and sectoral representatives who shall be appointed by the President.fortytwo (42) men and six (6) women. Executi\·e Secretary.ary. the President promulgated on April 23. by a \•ote of six (6) to four ( 4).55 (3) Amendments.

059. 18 Articles. the 1935 Constitution. conducted public consultations in different parts of the country. Tadeo.730 llbste ntions. Another Commissioner5·' had resigned earlier. 1986.~Jose E." the Commission in addition to committee discussions.37?C of the t otal votes cusl) ~:~s agains t 5. St." (d) The Constitutional Commission held its final session in the morning of October 15. Constitution of the RApublic of t he Phili ppine.. .. 27 a nee by the Iglesia ni Krista of the President's offer to submit a nominee. public hearings. . The two Commi ssioners 5~ who dissented also signed "to express their dissent and to symbolize their four (4) months of participation in drawing up the new Con~titution. 1 A' 17. Luke's HospitaL Quezon City. (c) The proposed new Constitution was approved by the Constitutional Commission on the night of Sunday. Brocka. on the same day. (b) The Constitutional Commission. ~ 7 Decoroso R. r.~Lino 0. October 12.rl\·monuc·J 'lON E . Rosales. culminating 133 days of work.Admittedly.495 voted "yes" 176. by a vote of 44-2.L.sa Bagong Pilipinaf> (KALIRAPI> when the Philippines was under Japanese occupation from 1942-1944 during Wnrld War II. 321 Sections and about 2. 1986 to sign the 109-page draft consisting of a preamble.11G convened on June 2. It was ratified by the people in the plebiscite held on February 2.615%i with 207 . and plenary sessions. Suarez and Jaime S. 1986 at the Batasang Pambansa Building in Diliman.after which. 1' 0 It superseded the Provisional Const itution which had abrogated the 1973 Charter. 1986 so that he actually voted in favor of the draft. 5'This does not include the 1943 Constitution which wHs drafted and ratified hy a special National Convention of the Kapisanan sa Paglilingkod . and the 1973 Constitution as "working drafts. it presented to the President the original copies in English and Filipino.000 words . Quezon City. 714 rcpreF<enting "no" votes (22. A Commissioner57 signed subsequently by affixing his thumbmark at his sickbed on Octooer 14. the Constitutional Commission was r:ut expensive and time-consuming. 1987. ·-. t here were some merits or advantages in delegating thfl drawing up of the n ew charter to an appoi:1ted Constitutional Commission r ather than to an elected Constitut1onal Convention. (2) Merits and demerits o/' an appointive framing body. (a) For one.. which m arked the fourth exercise in the writing of a basic chartet in Philippine history since the Malolos Constitution at the turn of the century. With the Malolos Constitution of 1898. and time was of the essence in view of the instability inherent in a revolutionary government a nd the need to accelerate the restoration to full constitutional democracy. as was our experience with the 1971 Constitutional Convention and it was thus practical because the <:ountry could not then afford the cost of electing delegates because oflack of funds.058.

~'The fact.[!:Q!ll.he Filipino ~ople or that the new Const. Conversely.To havo a truly democratic and constitutional government. p. The 1987 Constitution is founded upon certain fundamental principles of government which have become part and parcel of our cherished democratic heritage as a people. delegates. may not a l way~ be reflecti ve of the senti men ts or dAs ires of the majori ty of the people who e lected it:. (5) Separation of church and S tate <see Ibid .saarily establish that it. essential to a proper understanding of our organic law.t. it is absoh. only those directly e lected an d em powered by the people must be entr us ted with the task to discharge this grave and solemn responsibility. ( 4) Supremacy of civilian authority over the military 1 see Ibi d. 6 ~ Basic principles underlying the new Constitution. A knowledge of t hese principl es is . like the ones Wtl have hnd in 1935 a nd 1971 . l. howcver.28 n. of the Constitutiona l Comm is:oion were s elected a nd app ointed by th e. 3." hy former President Diosdado Macapagal ..). Among these principles as contained in the new Constitution nre the fo llowing: (1) Recognition of the aid of Almighty God (see Preamble.).n the Constitution. 6. a constitutional convention. 62See "Though ts: RP Cons ti tution. Sec . of nomi netls does n(•t nece. 1989..XTBOOK ON THE PHILIPPINE COt\STlTUTION (b) However. Sec. (3) Renunciation of war as an i nstrument of national policy «see Ibid. Sec. Sec.: Presliten..1. 5. (2) Sovereignty of the people C see Art. Feb.itution fails to ex:press their will as to wha t the supreme law ought t o be. Some see the need to Rtraighten out the p resent Constitution which was drafted by n on-elective commissioners a nd ratified under the authority of a revolutionary government. was not representative of the sover eign will of t..a-lis t. II.). the strongest a nd most fundamental a rgument propounded against this rnGthod is that an a ppointive body is sus ceptible to the charge of lack of independence a~d the suspicion ofprcssure and even manipula tion by th ~ appointing power. 2 . .-that thtl memhort.Gt (3) N eed to cure defect i. The writing of a Constitution as the highest expreHsion of t he peoplc'!ol "ideals and aspirations" to serve the country for generation s to come is a political exercise of transcendenta l importance in a republican democracy a nd. Manila Bulletin . therefore.ttely necessary that the Constitution be initially drafted by duly elected members of a representative constituent a ssembly or convention a nd later on approved by the people in a plebiscite. 7.. . therefore. The theory is posited that having it ame nded by electe d delega tes and having constitutional amendments ratified under the d emocratic government. we will have now cured any defect in its formul a tion and ratificati on. 1.

17. It does not mea n that the mi nority is left without rights. under the new Constitution: (a ) A majority vote of a ll the respective members of the Congress is necessary to elect the Senate President and the Speaker of the House of Representatives (Art. - (2) Instances. the rule of the majority is observed in our government. and a majority of all the members of Con gress to concur t o a grant of a mnesty (Art. Sec. VII. (12) High seosP. (10 ) Independence of the judiciary (see Art. Rule of the majority.) and t o pass a law g-ran ting tax exemptions. Sec.). 19. and (1 6} Governmen t of laws and not of men.. The above principles (except Nos.). Sees. Sec.).ee Art. Sec. of public service morality and accountability of public officers (see Art XI . X . Sec.e.' K Constitution of the: Republic of thE' Ph ilippinl's 29 (6) Recognition of the importance ofthc family al:l R basic social institution and of the vita l role of the youth in na tion-building (see Ibid. 12. Sec.. ( 1) Concept. ( 13) Nationalization of natural resources and certain private enterprises affected with p ublic intere1.. Sec. Art.. Sees. 4 . Sec.). 18.). VI. Thus. V . . ). or to protest the actH of the majority a lthough it is bound to abide by the decision of the latter. 13. d emocratic) government. VII.) (b) A two-thirds majority of a ll its respective members is required to suspend or expel a member of eith er House (Art. ( 11) Guarantee oflocal a utonomy (see Art.1 is an unwritten law of popular (i. 2. Xll . Sec. The wishes of t h e majority prevail over those of the minority . 3. L ).\1ajority" me<tns at lem. VI. 28( 41. (Art. (14 ) Non-suability of the State (see Art. The observance of the rule of th e majoritys. VI. 16ll ]. 1.).). Sec. 1.t (see Art. (9) Separation of powers (see Art. 1-22. like the right to express their opinions. VI . It is given certain fuhdamental righ ts. VIII.-.INTRODUCTJO. (7) Guarantee of human rights (l'.t one--hal f pluA one of a gi ven nu mber. XVI. 2. Sec. of all the members of Congress to declare the existence of a state of war 6 "''. (Art.). the President shall be chosen by the majori t y vote of all the members of both Houses of Congress.In many in Htances. 3. XV. 16[31.). (15) Rule of the majority.) In case of a tie in the election for Pres_ident (or Vice-President). 15 and 16) a re discussed u nder t he corresponding provisions indicated . (8j Government through s uffra ge (see Art. 1. III. Sees .

(o?. Democracy assumes that in a society uf r a tional beings. ll. It ha s only the powers given it by the Constitution a nd laws. ( 2 ) Exercise of government powers. 126.) and to r ender a judgment of conviction in impeachment cases.lJ.). VII . Sec. Sec.30 Ti':XTBOOK ON THE PHILIPPINE CONSTITUTI ON (Ibid .T he d evice of the majority is a practicable rule of law based on reasun and experience. Sirwo. (!bid. or law unconstitutional x x x. cit. ) Where personal whims and u ncontrolled discretion guide the conduct of govornmental action. II . . (Art. S ec.1. to the Pres ident ) which are denied t. ( 1) Conc(~pt.A government of laws.. n ote 37.·•Sec Sclum1 ndt & Steinbicker. 4. the vote of at least the majority is necessary in m a ny cases. ".) (c) Any amendment to. to be understood t hat the m ajority acts within t lw pale of the law. 265. and to call a constitutiona l convention (Art. however high and mighty his station m ay be. as con· trasted with a govemmen t of men. li is. note 2. 23L2. S ec.ent of the people in wh om sovereignty resides. to reconsider a bill vetO(!d by the President (Ibid. and i t may not go beyond the gr ants and limitations set fo r th therein. \ •. 64 Government of law and not of men. 21. is a limited govern ment.. XVII . op. Sec. t he rule of the m ajority is observed. Sec.) ''''Sec V. 3. . the law may constitut ionally grant special r ights or pri\ilcges t o IJCrsons belon ging to n clas. XI. S ec. which is also known a nd h as the sam e import as thHrule of !a u·. p.). Even in the passage of local ordinances.. cit . international or executive a greement. than every other man in the eyes of the law. Sec. n. VII1 . ~ and voted thereon . ).o persons who a re not s imilarly situo ted. (see Art. ) In the Court of Appeals.Rut where there n re ra tio nal gro unds for so doing. is meant that no man in this country is above or beyond t he law . .G. Sec.. (3) A practicable rule of law. and it sha ll be valid when ratifie d by a majority of the votes cast in a plebi scite. p. to pronounce a treaty..g.. the judg ment a nd experience of the many will.. possesses n o greater rightsl. 27[2j. Sec. what exists is not a rule of la w but a r eign of men ' . XVII. of course.. -By t his principle.. be superior to t he judgment and experience of the few . t he Constitution may be proposed by Congress upon a vote of t hree-/ilurths of a ll its members (Art.nd of all t he members of the Senate t o concur t o a treaty or internationa l a greement (Art. 3 l6J. or revision of. 1 Art. op. E very ma n. and hence. t htit the verdict of the majority will more likely be correct than tha t of the minori ty. (Art . l. in most instances .. III. 1. l.ojfj Its authority continues only with the con::. 4.) (d) D ecisions of the Supreme Court en bane h ave to be concurr ed in by a majority of the mentbers who a ctually took part in the deliberations on the issues in the c as.

orderly." Without it. A person may not agree with the wisdom and expediency of the law but it is his duty to follow the law so long as it remains in the statute books. He cannot take the law into his own hands by resorting to violence or physical force to enforce his rights or achieve his ends without being criminally held liable for his action. in effect.ithout fear or favor.~ve ry year as "Rule of Law" month. ) Every citizen has thus a stake in the rule of laW0 7 as contrasted to the "rule of men. (see Preamble. The observance of the supremacy of the rule of law by officials. 22. there is only anarchy.w. are creatures of the law and are. or a mere semblance of order under a dictatorship . .INTRODUCTION E. 713 (Se.oOo- 67P roclamation No. 2004) declares September of ~..:>t. and for the Department of Education to implement programs and activities in the observance thereof.The same is true of private individuals in the community. bound to obey it. . and the people as a whole is what will sustain our democracy and assure the existence of a truly free . lowly or powerful .rich or poor. Constitution of the Republic of the Philippines 31 without law. A government that fails to enforce the law. therefore. from the highest to the lowest. -. · The principle thus protects most especially the liberties of the weak and underprivileged. and equitable society. They are also bound to respect the sovereignty of the law. individuals. All officers of the government. (3) Observance of the law. (4) Significance of the principle. fails to govern.It is basic that laws must be obeyed by all and applied to everyone .

2 It is significa nt to note.. love.-. In the case of the Constitution of the Philippin es. the Preamble forms no integral part of our Constitution.PREAMBLE We. and secure to ourselves and our posterity the blessings of independence a n d d e mocracy und er the rule of law and a regime of t ruth .. equ ality.. . Meaning of Preamble. Preamble not essential in a constitution. It is the prologue of the Constitution. clearly implied therefrom. and the spirit behind. 381. however.~ of the Constitution. p.. provides the broad outline of. Technically s peaking... it cannot be in voked as a sour ce of private right enforceable by the courts or of any governmental power not expressly granted or at least. It serves two (2) very important ends: (a ) It tells u s who are the authors of the Constitution and for whom it has been promulgated... in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations. and peace." 3~ . the P reamble which is couched in general terms. and 1 2 Tucker on the Constitution. it is advis able to have one. do ordain and promulgate this Constitution. conserve a nd d evelop our patrimony. 361.While a preamble is not a necessary pa rt of a constitution. the Constitution. The term preamble is derived fro m the Latinpreambulare which means "to walk before~" 1 It is an int roduction to the main subject. justice.··P. freedom. See 1. . Object and value of Preamble. Of itself alone. the sovereign Filipino p eople. S tory on th e Constitution. (1) Sets down origin and purpose. that a m ajority of the constitutions of the world contain a preamble. imploring the aid of Almighty God.· promote the com mon good. .

PREAMBLE 33 (b) It states the general purposes which are intended to be achieved by the Constitution and the government es ta blished under it. . . By way of illustration. Our Preamble is in the form of a collective prayer. the government is without power to impose taxes for private purpose because according to the Preamble it is established for public purpose t he promotion of t he common good . they acknowledge God as the source of their authority. a mere "aggrupation" of individuals. 3 3Christ ian ity and ]. imploring the aid of Almighty God x x x. t hey will be able to achieve the ideals and aspirations to which they are commit ted. the sovereign Filipino people.<. "We. including aliens. The statement of the general purposes may be resorted to as an aid in determining the meaning of vague or a mbiguous provisions of the Constitution proper. · The Philippines is the only predominantly Christian and partly Muslim nation in Asia and East Pacific Region.slam are the two leading religions of mankind t hat co·exist in Philippine socie ty today. Source of Constitution's authority. In imploring the z. The Preamble r etains the use of the term "F ilipino people" to signify their oneness and solidarity.. . it is the supreme law of the land." The first person approach consisting of the use of the pron ouns "we" and "our'' h as also been retained instead of the impersonal t hird person approach (i.The Constitution calls the Filipino people "sovereign. The intention is to stress that the Filipino people in ordaining and promulgating the Constitution do so on their own authority as a sovereign people and not by virtue of the authority or permission given by a superior foreign power." Thus. the Filipino people themselves (not just their representatives) are the source from which the Constitution comes a nd being so. (2) May serve as an aid in it.\oluslim traders . or even earlier. It is different from the term "people of the Philippines" which may refer to the entire body of inhabitants.The Constitution begins and ends 'vith the words. Isla m came to the sou thern Philippines at about th e beginning of the 14th century. (2) A souere{gn people.and later mainly .and not for pr:-ivate purpose. do ordain and promulgate this Constitution. interpretation .The PreamblP.e. The Filipinos are intensely religious people. they declare and affirm their belief in the existence of a Supreme Being that guides the destinies of men and nations.id of Almighty God. (1) The Filipino people. In a sense. and certain basic principles underlying the fundamental charter. They recognize the fact that with th e help of God. Belief in God stressed. through foreign :. "the Filipino people" and "their") in the Preamble of the 1935 Constitution. has a value for purpose& of const ruction.

' the Philippines continues to be beset with pressing economic.to build the kind of society and to establish the kind of government set forth through Muslim mi:. (see Art.. weH. were traili ng the Phili ppines in ex ports a.as gross national product C GNPJ. 5 To the credit of President Ramos..34 TEXTBOOK ON 1'HE PHILIPPINE CONSTITUTION National purposes and aims in adopting the Constitution. set forth in the Preamble. To be sure. (b) promote the common good.. a nd (a) embody our ideals and aspirations. political wrongdoings. the Philippines. with the proclamAtion of independence and inauguration of the Republic of the Philippines on July 4. 5 The public perception of these shortcomings plus the inability of the government to satisfy the basic needs of our increasing population. 1.( of the population t oday are Christians . . (2) To establish a Government that shall: (c ) conserve and develop our patrimony.. Enm Mindanao is !'>ettled larg~ly by Christi ans excPpt for the provinces of Maguindanao. and have .nd Vi. among others. Luzon 11. for the slow progress of our country. has made much headway in its development efforts to achieve th e status of a newly industrialized count. The introduction ofCh ri.. Sulu. 'This lack of national unity is easily one of the main reasons why the Philippines has been left far behind by its Asian neighbors tJ:!at up to 30 years.ayas are !ilmost entirely populated by the Christians. freedom. contributed to our lack of unity and oneness as a people. blunders in economic policies. · 'From the United States. equality.The two goals . have engendered misgivings in the minds of many in t he effectiveness of the existing system..graft and corruption.Tnpan. A simple analysis will reveal that the root causes of our country's problems can be traced to a large extent to the government machinery itself . (2) Government envisioned by the Constitution . Over 9Qf. in fact. with the exception of . mostly Catholics.<sionaries. A. Taw i-Tawi. political. love. (1) Root causes of our present problems. . Basilan. Attainment of the constitutional goals.After more than a half century of independent existence. and mismanagement.o the Fili pinos began in 1565 when Miguel Lopez de Legazpi can1e to colonize the Philippint!S. XII. 1946. Sec.. and Lanao d el ~orte whe n~ the Muslims prepo nderate. one way or another. La nao riel S ur.) '"""' \ . and (d) secure to ourselves and our posterity the blessings of independence an d democracy under the rule of law and a regime of truth . justice.tianity t. every administration has been responsible. after three decades of turtle -paced growth. they are: (1) To build a just and humane society.r y by the year 2000. a nd social problems usually associated with underdevelopment. and peace.

. rule of law. i. (2) The phrase Almighty God replaced "Divine Providence" in the 1935 and 1973 Constitutions which was considered vague and impersonal. in its operation. to defend it and the democratic ideals and values (e.are attainable only if the government actually established js of the character envisioned by the Constitution. Only then can we build for ourselves and the succeeding generations a vibrant democracy that can withstand the toughest tests of events and a::. (Art.they must be applied justly and humanely. t he single biggest factor for national solidar-ity for it commands the respect and confidence of the citizens in its . -Only when we succeed in establishing a truly popular "government that shall embody our ideals and aspirations. based on the consent of the governed. and it must be so not only in its structure but more importantly. therefore. and if need be. or that periodic elections are held. can readily secure their support and cooperation behind great undertakings and. consisting of 75 words. (see Art. (b) That government must be administered by honest. Sees. count on their loyalty and patriotism to make sacrifices. 9-11.Such a government is beyond doubt.g. exercising power and authority in view only of the common good.) Changes in the Preamble. .) (c) That government must be responsive to the people's needs and expectations.they must be clean and orderly and must accurately reflect the will of the electorate. The latter term was used in the 1973 Constitution as a compromise to accommodate some atheists in the 1971 Constitutional Convention. Sec. efficient and dedicated men and women who consider public office as a public trust. 1.tute the vast majority of "the sovereign Filipino penple. justice and dignity for all. respect for human dignity. can we overcome \vhatever difficulties and m eet whatever challenges that we face today and that may confront us in the future.ntegrity and competence and. freedom. is one of the world's longest preambles. and f'reedom . It has 15 words more than that of the 197a Constitution. II.'' as intended by the Constitution. Common good is used to refer to all the people in place of "general welfare" which is not as inclusive as it may be interpreted to refer only lo the welfare of the greater majority (even to the gre at prejudice of the minority). equality) it stand~ for .PREAMBLE 35 in the Preamble . II.sure a life of prosperity and progress. Sec." ·see Art. (3} Single biggest factor for national solidarity. IX. (1) The Preamble.e.. it is not enough that taws are just and humane. (a) That government must be democratic. always guided and controlled by the laws and the Con'stitution. 1. ( 4) Key to a succ:essful democracy. in times of grave crises. especially the poor and the less privileged in our society who up to now consti.) For instance.

followed by t he H ukba la h ap re bt! llion. of President. nation al unity a nd pea ce so vitally needed in th e gr eat tas k of bui lding a s trong and st a ble nation. (d) -truth .·~· Aq uino (1986. r aged virtually wit hout let-up !Iince t. justice. suppression of diSt!ent .rn M indanao which took a n incrf!. as a dir ective principle of the P r eamble together with t ruth .. the purpose is not only t o establish a gover n ment but also such a society where inequalities or inequities in a ny form do not exist.. fe ar and ign ora nce..36 TEXTBOOK ON T HE Pl\ ll. (c) aspirations. Ma laysia . ' Armed dis. not to mention the long-dr a wn communist a rme d rebellion a nd the seces::.:. equality a nd pea ce .. lt wa!.19921.). then beginni11g l9i0. A fin al peace s ettlemen t has a lread y been forged with t h e Mo ra ~ ati ona l L ibera tion F ront cMN Lfo'i in 1996.lPPfNB C0!\1STITVTION instead of "liber ty'' becau se the latter wor d does not cover freedom fr om want. O n Octobt<r 19. DUl·ing th e ndmi ni. t o stress that in ordaining a nd promul gating the Con st itution . to emphasize the const itutiGna l policy of t ranspa rency in the a dministration of the govern ment .·ernm e n t ha. This is esp ecially r elevant in our society toda y where there are so few with so much and so ma ny with so litt}(•..lmellt and the MILF inked a ceasefixe operations pact a t. freedom. '· . 200 1.idence again ilL t he go.' and the r epeated coup attempts by disaffected military r ebels to overth r ow t he governme nt. of huma n right s violat ions.lim comm ~&nitic. (b ) the rule of la w (see Introduction -E . In ma ny parts of t he cou ntry t oday . Co ra.be late 1940!1. electoral fra uds a n d t err orism. will remain an elusive goa l.. am ong other s... the Const itutional Commis sion appar ently having in mind the cou ntry's experi('nce of authoritaria n rule under the fo r mer r egi me which had been accus ed. Now. an d un equal application of the law. a nd (e ) lot'e. . violence and tension!:! . by a Maoist in surgency. th e Govern ment is !. t he Moro Isla mi c· Lib enttion Fr ont (.!. to stand for the un reallze d drea ms of t he nat ion as distinguis hed from "ideals" which r efer t o accepted norms a nd sentiments . a nd hin der our progres s and development. With · out a sense of love to bind the F ilipin os and m a ke them show mor e com passion. t he political a rm of t he Comm unis t P ar ty of t h e P hilippines (CP PJ.ionist move ment in the south. concern a nd u nderstanding for one another es pecially dur ing thes e cr it ical t imes when the cou ntry is confront ed by vexing sociopolitico-economic problems . th e Phi lippine Gover·. The sepa ratist n~ht!ll ion among the l\Iu:. . the Govern ment h as to con tend with a brea ka way faction of the MNLF. consider ed to be a hig positive step towards ach ieving last ing pea ce..ratiou.making powe r .as ingl y rc:ligious color s tart ('!d 1n 1969 As of this wri tin g.. int ense partis an conflict s and political riva lries. Ku ala Lu m p ur .MILF! which cont inues to su pport the secession of Mi nd an no. abuse of the decree. (3) Other a mendment s are the insertion of the following phrases a nd words: (a) to build a just a nd h umane societ:v.k have engendere d hatred. of S ul u a nd Wcf<t~.till e•' g"ged in P< !ace tal k~ with the Nationa l Dem ocratic F r ont C NDF ).

Constitution except for some alterations in phraseology) was changed to "democracy" in the 1973 Constitution for the reason that the term denotes the idea of a colonial status (which was existing at the time of the adoption of the 1935 Constitution)." (4) The word independence in the 19~~5 text of the Pr~amble (which was almost an exact reproduction of the Pn~amble of the U." Of course. It is restored to stress our being an independent nation. The constitutional goal is self-reliance and freedom from foreign control and intervention in the development of our national economy (see Art.quality were inserted in the 197:{ Constitution in view of the turbulence. Each nation is to a certain degree depEmdcnt upon others.fter 1946 when the Philippines had become legally independent.} and the pursuit of our foreign policy.S. "free to build and chart our own destiny. the new Constitution is the only one in the world to enshrine "love" in its text which can also be read as ''human fraternity'' or "brotherhood. Rec. 19. no matter how progressive and prosperous. 7.) (5) The words peace and P. and the waves of p1·otest against "basic economic and social inequalities" then prevailing in the country at the time of the framing of the same. -oOo- . ThE-se conditions continued to exist up to the last days of the Marcos regime. there is no nation in the wcrld that is truly independent.37 Incidentally. While the idea which "equality" signifies is already embodied in the term "democracy.." it is imperative that emphasis . (lbid. can be completely self-sufficient. in our own time and in our own way. II.should continue to be made in the new Charter of the egalitarian objedives of our society. for no nation. Sec. and it is long E.

with all the islands and waters embraced therein. it is important to define as precisely as possible our na tion a l terrhory fo r the purpos e of making known to t he world the «reas O\·cr ..sdil'tion t hroughout the e xte nt of its territory. The r eason is th at \vith or without such a prnvision. the s eabed. Every other power is exclud ed from exe rc is~ng dominion or jurisdiction without t he conse nt of the Philippin es.. Necessity of constitutional provision on National Territory. 1 In any case. The waters around..·hieh we assert title or ownership to avoid future conflicts with other n mions. As a sovereign State. (2) Value of provision defining our national territory. it is binding only on 38 ' \. fluvial. a nd connecting the islands of the a rchipelago... . a State under i nterna tiona l la w has the unquestioned right to assert juri. terri torial disputes have t o be settled ael'Ording to tht> rules ofinternationallaw. . ( 1) Binding fo rce of such provision under internationa llaw.:-\eYertheless. and other submarine areas. including its t e rritor ial sea. The Constitution begins with a delimitation of our national t erritory. the subsoil. between..Article I NATIONAL TERRITORY SECTION 1. consisting of its terrestrial. the insular shelves. rega rdless of their breadth and dimensions. and all other territories ove r which the Philippines has s overeignty or jurisdiction. The n a tional territory comprises the Philippine archipelago. form part of the internal waters of the Philippines. 1A constitutio n is not internat ional law but only a the state promulgating it.. titution . . ~ to te la w: a~ l! uch. and aerial domains. Nor is s uch delimitation binding upon other S tates who are not precluded from claiming title to territories which they think is their!'l . the Philippines can promulgate and enforce laws within our country. -There is no rule in international law which requires a State to define its territorial boundaries in irs Con::.

2 (3) Acquisition of other territories.Sec.S. (Sec. (I) The phrase "all the other territories belonging to the Philippines by 2 Every Filipino i. Naval Oceano~raphic Office.850 kilometer. the subsoil. fluvial and aerial domains including the territorial sea. l National Territory of the Philippines. Its estimated 7.g. U. 1. 7 In other words. The Philippine archipelago referred to in Article I are those mentioned in Article I of the 1935 Constitution... often synonymous with island groups. As provided in Article I.:itizen. from north to south. however. ·-Incidentally. Nearest to it are MalaYsia and Indonesia on the south and Taiwan on the north.Actual exercise of sovereignty is not essential to the acquisition or retention of sovereignty rights over a territory. and Mindanao in the south. -NATIONAL TERRITORY 39 International law recognizes the supreme authority of every state within its territory. the seabed. 6 or as a large group of islands in an ~xtensive body of water. and other submarine areas thereof. 4 (2) All other territories over which the Philippines has sovereignty or jurisdiction. the definition of our national territory in our Constitution does not prevent the Philippines from acquiring other territories in the future through any of the means (e. exchange. "See Glossary of Oceanographic Terms (1960}.) Meaning of archipelago. he can be made subject to Philippine income tax. and (4) The internal waters. ~The Philippi rws.) sanctioned by international law. Visayas in the center. it comprises: (1) The Philippine archipelago 3 with all the islands and waters embraced therein. the insular shelves. . r. is subject to the personal JUrisdiction of the Philippines.5 • (3) The terrestrial. Other territories over which the Philippines has sovereignty or jurisdiction. :see Meritt Students Encyclopedia (1960). the Philippines is compo~ed of three main parts: Luzon in the ~orth. one oft he largellt archipelagos in the world. I." It has been defined as a sea or part of a sea studded with islands. 'Geographically. 1 ART. Thus.107 i~lands cover an area of about 300. it includes both sea and islands which geographically may be considered as an independent whole. purchase. etc. lies off the southeast coast of Asia. although foreign sovereigns and diplomatic envoys are entitled to exemption from local civil and criminal jurisdiction. The term archipelago is derived from the Greek word pelagos meaning "sea. whether he is inside or outside the country.440 square kilometet·s stretching in discontinuous coastli(1e of 1. such as sea.

Sept. h owever.~torit: right h as been tak en to mean title created in derogation of internati onal law th roug h h istorical process by which on e state has asserted jurisdiction originally illegal. Included in its fluvial domains. lying beyond the seashore. •cThit=: refers to the air l!pacc or that part of the air abo ve the la nd and water te rritor y of th e Philippines.40 TEXTBOOK ON THE PHILlPPINE CONSTITUTION Sec. which con~i clered Lhe ph rase as an assertion of Philippine claim over Sabah.·s to >l der ivative title. 1977.Q. of the words "by historic right or legal title" is not to be construed as precluding future claims by the Philippines to a reas over which it does n ot actually e xercise sovereignty. 15. Its inclus ion in the definition of our national tenitory merely provided for the possibility that said territories might eventually become a part of the Philippines but it did not settle t he question of whether they belong to the P hilippines by historic right or legal title. The change is designed to improve our relations with Malaysia while allowing flexibility in pursuing the Sabah claim. ~Hi. Th e Philippine territory consists of its terrestrial. . (2) The deletion. or any other territory over which the Philippines may in the future fine it h as a right to cl aim.It is that part of the sea e xtending 12 nautical miles ( 19 kms. 1 historic right or legal title"8 in the former provlSIOn was amended as indicated above. 1972. which has been acquiesced in by the community of nations. The prese nt state of developmen t in space navigation does not permit any delimitation of thE' height of air space subject t o the Rovereign jcrisdiction of a state. in addition to the external wat ers. (J ustit·e . ces!<ion by u State of its sovereign rig h t. -This r efers to the land tha t holds the sea." the '.~ 'fhe Bulletin Today. 01 fl97l Constitutional Convention]. (2) The seabed (or sea floor or sea bottom). ll UCh <l !. a member of ASEAN.. 9 Other areas included in the Philippine archipelago. T he d eletion of the cla use has removed a possi ble constitutional obstacle to the·dropping of t he Sa bah claim by t h e P hilippines if it dce. including mineral and natural resources. Anton io. It is also-called the "marginal sea. dated Jan. fluvial. 23. (See Committee on Na tional Territory Report No. ~The catch· all cla im has c1 eated irrit ants in our tie~ wi th Malaysia. The phras e acquired a definite meaning in the 1973 Const itution as a cover-aU for pending Philippine claim to Sabah (formerly North Bor neo) against Malaysia and the possible ~laim to the so-called Freedom land (a group of isla nds known as "Spratley" islands in the South China Sea) and the Marian as Islands. and aeriaP 0 domains. "For and against the RP Sabah Claim.m a rginal belt.F. are: ( 1} The territorial sea.ires to do so. ! . r~ fc. including Guam (which according to historical documents were under the control of the civil and ecclesiastical authorities in the Philippines during the Spanish r egim e). I.~ over a territory .) . on the other hand.'' or the "marine belt".egal title. } from the low-watermark.

except that where the limits overlap the economic zone of an adjacent or neighboring state. and (3) High or open seas.to the sovereignty of any state but every state has equal right of use in them. . Three-fold division of navigable waters. common boundaries !\hall be determined by agreement with the state concerned. 1978) establishes an cxclul':ive economic zone (Eii:Zl of the Philippines extending to a distance of 200 nautical miles beyond and from the baselines from which the territorial sea is measured. As part of the national territory. 1 ART. the insular shelves. basin.NATlONAL TERR[TORY 41 (3) The subsoil. the open seas are internationai waters which means that they are not subject. 11 11 Presidential Decree No. shoal. and lakes within the land territory of a state. Over these waters. The Philippines has a right or title to them to-the extent recognized by international law. a state exercises sovereignty to the same extent as its land territory but foreign vessels have the right of innocent passage through the territorial sea.They are the submerged portions of a continent or offshore island. deep. 1599 (June 11. (4) Insular shelves (or continental shelves). territorial sea. They are sometimes called national waters. the seabed. (2) Territorial sea. From the standpoint of international law. the waters of the earth are divided into: (1) Inland or internal waters. Among oceanographic terms used are seamount.. bank. or in accordance with generally r<lcognized principle~ of international law on delimitation. -This refers to everything beneath the surface soil and the seabed. trench. and other submarine areas are necessarily co-extensive with the territorial sea. trough. which slope gently seaward from the low waterline to a point where a substantial break in grade occurs.). . The inland or internal waters and the territorial sea together comprise what is generally known as the·-~erritorial ·waters of a state. They are considered in tht same light as rivers. and (5) Other submarine areas. They are waters that lie seaward of the Jurisdiction over navigable waters. canals. -They are the parts of the sea within the land territory. I . and reef. -They refer to all areas under the territorial sea. including mineral and natura] resources.SE>c.It is the belt of water outside and parallel to the coastline or to the outer limits of the inland or internal waters. On the other hand. (~pra. at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached.

The use of the word "archipelago" in Article I is intended to project the idea that the Philippines is an archipelago (a state composed of a number of islands) and bolster the archipelagic concept (or archipelago doctrine) which the Philippines. At the same time.e Visayas. The archipelago theory is in reality an exception to the three-mile rule (now 12-mile rule).u biect _iq__iJ~.J~. It would mean the dismemberment of t he archipelago with the Sibuyan sea separating ti. warships of even unfriendly nations could enter these waters and stay there with perfect legal right to do so. had espoused in international conferences on the Law of the Sea. as long as the Philippines continues as one united country. Tolentino. a nd as long as the Philippines contitutes one nation. we would lose a large part of our territory on both sides of the archipelago. These and other areas of waters would cease to be Philippine waters. with every island having its own territorial sea. between. . By this concept is meant that an a_rchipelago shall be regarded as a single unit.-·8. This rule does not adequately protect Philippine interests at all." As long as the Philippine Constitution stands.i ve sovereignty.42 TEXTBOOK ON THE PHILIPPINE CONSTI-TUTION Sec. E stelito P. Furthermore. and the Mindanao Strait and the Sulu isolating Palawan from the rest of the archipelago. 1971. the three-mile limit can neyer be acceptable to us."nd connecting the islands of the a r chipelago.~-c. form part of the interna 1 waters ofthe state. they wou ld become international waters or high seas. so that the waters around. the Philippine position was exrlained 12 as follows: "To apply the three-mile rule to the Philippines. the Solicitor GeneraP 3 12 13 By the late Senator Arturo M. The Philippine position. Mendoza. (l ) In the International Convention on the Law of the Sea held in Geneva in 1958. would have a fatal effect upon the territorial integrity of the Philippines." (2) In a statement before the Sub-Committee II of the Committee on Peaceful Uses of the Seabed and the Ocean Floor Beyond the Limits of National Jurisdiction at Geneva on August 16. towards the China Sea and the Pacific Ocean.s.i. 1 The archipelagic concept or principle of territoriality. and fishing vessels from all nations can enter to get the fish and other living resources of the sea which nature and Divine Providence intended for the Filipinos. together with Indonesia and other archipelago states. J. irrespective of their breadth and dimensions.llJ.

(Acco rd ing to forme1· Senator 111H. Vol. ("The TerritoTial Jurisd ic tion of the Philippine ~. The re is now tremendous interest recently generated in off-shore oil exploration in our country . 11 The a rchipelago principle an d the exclusivi! economic zone rights (see Note 11 are now fully recognized in the U. 1984. economic and geographical unit with no intcrnati9nal waters bet ween the diflerent islands.N. oil unci livi ng resources in t he waters an d the s eabed and su bsoil of th e archipelago.rial develop· ment of the Philippines. particularly manga· n esc.000 islands composing the Philippines should be treated as one whol e unit: "More than seven thousand islands comprise the Philippines ruled by one whole unitary governme nt. Coquia . a nd the con t inental shelf even hey. "<Hl increase the export potentials and hasten th e indust. Feb. therefore. l." (3 } Even . 176. ther e for<:.l A!:l. No.semblyma n ·Arturo M . 28.Jus tict:l l Jorge R. form part of public international law. economically and socially a s one nation..1 With t he new technology. To suggest that ea ch isla nd has its own territoria l s ea and that base lines mus t be drawn around each island is to s plinter into 7. on the pre text of going to those pockets of high seas. for ex ample.tion.exclusive eco· no mic zone. nickel and copper. It was ratified by the interim Ba t asang Pambansa on Febr uary 27. - NA1'TONAL T ERRITORY 43 of the Philippines reitera t ed t he reasons why the over 7. such pockets of high seas in the very heart of the country may be such small areas of no more than 5 to 10 or 15· square miles. interdependent a nd united politically. pursuing the same idea ls. by . and ( 4 ) Acceptance of the PhilippineiS by the international community a!. 1' Among th e beMfits the P hili ppi nes would derive fro m the convent ion are: ( 1) Ownershi p of the Phi lippi nes over all the m iner a ls . De pending on the breadth of the territorial sea that may emerge.'' J ourn al of the IBP. p.llf!u l i n o .) . beholden to the same tradi. any vessel may intrude into th e middle of our country. bound by a common heritage.shore. a single political. (2 ) Increase in the wat ers u nde r Philippine jurisdi ction in ch1ding t h E:. on account of this.Judge [now retired . the islands of Bohol and Camiguin which fr om shore t o sh or e a r e separated by no more th an 29 miles.000 pieces what is a single nat ion a nd a united stat e. by more than 93 m illion h ectares. th e 200-mile l! xcl u sive economic zon e ar ound the isl ands. T. between. (3) Recognition in internat ional law of the archipelago principle which the Philippines h as been advocating since 1956. Philippine Daily Express.Sec. a twelve-mile breadth of th e t err itoria l sea would not be acceptable to t he Philippines as it would still r esult in having some pocket s within the sea be tween some islands which would be considered international waters. 1 ART. 15 oOo - HTh e significance of the archipelagic doctrine is more r ea lized with the present progra m of t ho government to develop a ll its n atura l resources found in i tB water s under the sea and in t he seabed to their fullest. One need only imagine a map of the P hilippines wit h t erritorial seas around each island and with pockets of high seas in between islands to r ealize the absurdity of the resulting situation. the exploita tion of seabed mineral r eso ur·c e:-. And yet. ext en t . 1984. 3.md 200 miles fr om tht. 1. Law of the Sea Convention and.

and not of men (Ibid. of a r epublican state is indirect ru le. Ser. Th e manifestations of a democratic and republican st a te a r e : ( 1) The existence of a hill of rights (Art. The Philippines is a democratic and re publican State . They can only exercise the powers delegated to them by the people who remain as the ultimate sour ce of political power and authority. The Philippines. Its officers from th e high est to t he lowest are ser vants of the people and not their masters.). (4) The p1·esence of elections thr ough popular will (Art. Sovereignty resides in the people and all government au thority eman ate s from them. (3) The obser vance of t he principle t hat our s is a government of laws. A republican government is a democratic government b y r epresentatives chosen by the people at large. J. 44 . The essence. II I.). T h e above declar a t ion is a r e-st atement (see P re am ble) of the dem ocra tic charact er of our government.Article II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES SECTION 1. ). S ection 1 adds th e word "democratic" because th e govern ment. therefore. T he people h ave est ablished the gove rnment to g(lvern th em selves. V. a democratic and republican state. 32. VI. (see Art. em bodies some features of a pure democr acy such a s t he initiative and referend u m.j Manifestations of a democratic and republican state. whi le essent ially a republican democr acy . (2) Th e observance of the rule of the majority ilntrodu ction-E.

(Art. a people will revolt if s ufficiently provoked by oppression or abuses. the Filipino people have th e right to con stitute their own government.) an d through publir opinion which t hey exert on those who gvvc rn on their behalf. It is also imperative that the broadest choice of representatives is available t o the people. and property) is exercised through duly elected and appointed public officials who.l'ClPLES AND STATE POLICIES Pri!lciples . .e. as public servants. Sec. to change it . V. Section 1 above recognizes that the people. . and deciding cases involving life. plebiscite. Sec. initiative.).ee Art . 1. particularly the elective officials. ~ (7) The obser vance of the law on public officers (Ar t.? without its consent. 1 The popular will is best expressed when electoral processes are free . 3.. and .) Their a ct s. as t he ultimate judges of their destiny. can r esort to revolution as a matter of right. VI. Sec. on the basi s of universal suffrage (i..The observance of the principle that the legislature cannot pass c: irrepealable laws (sec Art . if within the scope of their delegated powers..DECLARATION OF PRI::-. the acts of the P~P~I (2) Exercised directly through suffrage. ~ (8) The observance of the principle that the State cannot be sued . As the State in whom sovereignty resides.._fSec. a re accountable to t he people. en forcing t he same. and recall l. A provision in the Cons titution expressly recognizing the people's right t6 r evolt against an oppr essive or tyrannical government is not necessary and proper. the free and true expression of the people's sovereignty is of ~:.Actual sovereignty is exercised by t h e people through the electoral process. XVI..rreat importan ce. and t o define its j urisdiction and powers. XI. Sec.e. ).. regardless of t he Cons titution. 1. ( 1 ) Being an inherent right.1gh secret vote.~~ y -s t5) The observance of the pr inciple of separation of powers and the . 1. liberty.. Sovereignty (i. making laws. 26. ~ Right of the people to revolt. it exists whether or not such right is embodied in the Constitution and . 2 Democracy cannot do witho ut elections which are the means by whi ch the people ll l'e able to boot out corrupt an d incompetent offociub. election s st ill yield officials who are unworthy of the people's mandate.) ~ 16) Sovereignty of the people. clean a nd honest. (1) Exercised indirectly through public officials. system of ch ecks and balances (see Art. a r e.. . _. Since we a re a r epresentative democracy.But the people do not govern themselves directly. VI. Sovereignty 1mplies the supreme authority to govern. not granted by status or property) and thr0'. 'The will or consent of tho people is exp ressed by way of elect ion. IT. XI . 1 ART. Sec.). But because the proce11s is not perfect. (Art. in effect. .. referendum.

executive order. . Section 23(1) of t he Constitution. any allusion to the right of violent or armed revolution (which connotes an act committed beyond the framework of the rule oflaw) would be inconsistent with the concept of a Constitution. This second portion of the declaration binds the Philippines to enforce or observe within its jurisdiction. adopts the generally accepted principles of international law as part of the law of the land and a dheres to the policy of peace. coop eration. 2. as part of the law of the land.46 TEXTBOOK ON ·rHE PHILIPPINE CONST ITUT ION Sec. waive in advance the basic right of self-preservation.•ivilized nations are given effect by our courts in the absence of any treaty. This is the first aspect of the above declaration. indeed. because such a provision connotes that there is a distinct possibility that the time may come when the people have to revolt against tyranny. "prudence. may declare the existence of a state of war. whether customary or by treaty provision. Under Article VI. The Philippines t·enounces war as an instrument of national policy. and a mity with all nations.i SEC. It is in accordance with the principle in the United Nations Charter binding a ll members to "refrain in their internationa l relations from the threat or use of force against the territorial integrity or political independence of any state. freedom . generally accepted princi ples of international law. ". (3) It would also not speak well of the political stability of the State. in a democratic society where t he consent of the governed is rc-!gularly expressed through open debates and free elections . . will dictate that Governments long established should not be changed [through revolution1 for light and transient causes. Adoption of the generally accepted principles of international law as part of our law. not war in defen8e of her national honor and integrity.International usages or the customs of t. (1 ) When inienwtional usage to be applied. equality. Renunciation of war as an Instrument of national policy. 2 (2 ) A constitution in a democratic State enshrines the rule of law and. justice. therefore. or judicial decision. x x x. (4 ) In any case. :1 The American Declaration of Independence (July 4. Congress wit h t he concurrence of two-thirds of a ll its members. 1976). voting separately . Tnternationallaw refers to the body of rules and principles which governs t he relntions of nations and their re5pecti\·e peoples in their intercourse with one another. legislative act. Men and n ations cannot." The declaration refers only to the renunciation by the Philippines of aggressive 'Var.

The Armed Forces ofthe Philippines is the protector of the people and the State. ~see V. It s hows a positive attitude on the part of the Philippines toward the observance of the principles of the United Nations Ch arter and to universally accepted rules and principles of international law. the prior act is supe rseded by the later one in point of time. This third aspect is a corolla ry to the foregoing portions of the above declaration of principle. respect. regardles s of race. Thus. p. 3 ART. to equality. . -The Constitution gives a treaty the same weight and value as a statute of Congress. (see Sec. 677. Its goal is to secure t h e sovereignty of the State and the integrity of the national t erritory. In line with the objectives of the United Nations. that the Phi lippines is duty bound to extend diplom atic r ecognition to all nations. . Sinco. The other S t ate may only present its compla int to the political orga n s ( i .DECLARATION OF PRINCl PU ":S AN D STATE POLICIER Pri nciples 47 An example of a principle established by international u sage is that fishing · boats belonging to an enemy a r e not subject to seizure in time of war.'} The change is retained in the new Constitution. The Constitution does not imply. ) SEC. although it may n ot be enforceable by our courts. should a conflict arise between the Constitution and a treaty.e. and justice in their relations with one another and the policy of non-interference a nd peaceful settleme nt of international disputes and opposes the use of force . . 1 ( 2 ) A treaty has force of a statute. Law Center Cons titutio nal Revision Project. It suppor ts the right of a ll nations. the treaty is repe aled or a brogated as part of the law of the land but it still subsists as an engagement of the Philippines . 3. II. big and small. Civilian authority is. a nd cooperation. at all times.S. cr el?. freedom. ideology and political system. JHl70 U. however. 7. or the threat of force. the Philippines seeks only peace and friendship with her neighbors and a ll countries of the world .The phrase "law of the nation''. 17fi U. with all nations. 293. on the basis of mutual trus t . 20.. In case of a conflict between a treaty and a statute.d. . supreme over the milit ary. in the relations among nations. Adherence to the policy of peace.P. t he President and Congress) of our government. the former prevails .. 'Tho Paquete Habana. op.G. 2 ( 3 ) Constitution prevails over a treaty. cit. etc.Sec.in the 1935 Constitution was changed to "law of the land" in the 1973 Constitution in order to avoid any conjecture that the generally accepted principles of international law are incorporated into Philippine htw with the force of constitutional provisions. p. When a treaty is superseded by a subsequent statute of Congress.

3 Supremacy of civilian authority over the military.. tortures.) Along with Congress. This arrangement is considered an important safeguard against rise of military dictatorship. the President determines the military budget and defines the national policy on defense and security. over the military has always been recognized in our jurisdiction by implication from e xpress provisions of the 1935 Constitution and by practice. massacres. 18. particularly during periods of martial law or suspension of the privilege of the writ of habeas corpus. tArt. III. and food blockades . (see Art. th~ Many believed that the military organization was being used as an instrument to prop up the continued stay in office· of the then incumbent 1 The Philippine National Police (PNPj (Art. particularly during the early part of martial law. Even the a ppoint ment of their high-ranking officers is vested in the President wi th the consent of the Commission on Appointments of Congress (Ibid. the constabulary. it had been accused of having committed. Sec. in turn. the navy. (1) Fearsome image acquired during martial rule. the 1971 Constitutional Convention and the 1986 Constitutional Commission have incl uded t h e above provision as they felt the need for a clear expression in the Charter concerning the supremacy of the civilian authority over the military at all times. . 2 acquired a fearsome image.) Even in war. (2) A safeguard against military dictatorship.l is under the Department of Interior and Local Government which. 16. 15.) 2 It was change1 hy the organization itself and was called for sometime as the New Armed Forces of the Philippines ( NAFP) to shed ofT its former imag~ during the martial law regime a nd indicate its new r(lle under the new dispensatio n. Sec. and t he marines . Among the cases reported are unexplained or forced disappearance.) -the army. haml etting. XVI. the President is the commander-i n-chief of all armed force s of the Philippines (I bid.The idea of the supremacy of civilian authority. 17. Armed Forces of the Philippines. VII. the highest of such authority being the President. This was a contributory factor to the failure of the government to contain the growing insur gency problem. (1) Inherent in a republican system. the armed forces is subordinate to civilian authority.1 As commander-in-chief. or tolerated numerous violations of human rights both against r ebels and the civilian population. Rightly or wrongly. h e issues orders to the armed forces. abetted. Sec. the Armed Forces of the Philippines (AFP).A civilian. Art. is under the control of the President as administra tive head of the executive department. Sec.Under a previous regime. . Nonetheless.48 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. the air force. protector of the people and the State. . extrajudicial kill ings (salvaging). Sec. 6. This deeply rooted pqlitical tradition is also inherent in a republican system of government. . VII.

Adherence to these constitutional mandates is essential if the AFP is to win "the hearts and minds" of the people in the efforts to resolve the long-drawn insurgency problem and fulfill its crucial task as an effective guardian of the nation's safe ty against any threat to its existence. This means fighting all forces. impair t he independence of the nation. XVI ." (3) Support of the people. internal or external. (2) Constitutional mandates. Prime duty of the Government. II. it defines clearly the function of the Armed Forces of the Philippines (AFP) and its goal in the discharge of this function. it directs th e State to "str engthen the patriotic spirit and nationalist consciousness of the military. The State fulfills this prime duty by pursuing and implementing the State Policies mandated by the Constitution in Sections 7 to 28. The prime duty of the Government is to serve and protect tile people. Sec.Sec. The strength of t he armed forces. under conditions provided by law. It is consistent with the most basic democratic tenet that the government exists for the people and not the people for the government. whether from within or from without. and respect for people's rights in the performance of their duty. In our contempor a ry set ting. . t he Constitu tion insures professionalism in the armed forces and insulates it from partisan politics. 4 ART. in the fulfillment thereof. The Government may call upon the people to d efend the State and. Section 4 enunciates the first and foremost duty of the Government-to serve and protect the"people. Many of these generals allegedly enriched themselves while in the service but the government remained silent on their cases although they were a matter of public knowledge.lfiass pov~r~y andfinassive ¥employment. of our nation.DECLARATION OF PRINCIPLES AND STATE POLICIES Principles 49 President who a t the time of his overthrow in a peaceful revolution on February 25. all citizens may be required. Furthermore.The ConstitutiQn s eeks to change this state of affairs: (a) Through Section 3 above. the above principle is most proper and timely . of generals known for their personal loyalty to the President and the repeated extension of their tour of duty. This perception was st rengthened by the lion's share given to the defense establishment in the annual budgd and the appointment to sensitive positions in the armed forces. part icularly the problems of.). SEC. sterns from the people. . when the country is beset by formidable social and economic problem/ all dellfanding pri9rity attention. 1986 had held power for more than 20 years. (b l Through another provision (s ee Art. It shall be the protector of the people and the State to secure the sovereignty of the State and the integrity of the national territory. to render per· sonal military or civil service. indeed. 4. 5. which seek to overthrow the government. . or dismember any portion of its territory. .

Sec. Lagman. To enunciate that its prime duty is to defend the State and thus eompci every citizen to be a soldier is to make the building of a· larger armed forces as the government's overriding obligation. order of priority that the first responsibility of the government and the people is to sh.' military a primordial position in the political hierarchy. . The term "people" may also include aliens since they are likewise subject to regulations adopted by the government for the defense of the State. in the We:<tern World and. . The lopsided view of the primary duty of the government has its perils. to defend the State and their colonies through compulsory military and civil service. the citizens may be compelled to render personal military. 4.. war·making was the favorite sportt:. both in Spain and Spani!'\h territories.The duty of the government and the people to defend the State cannot be performed except through an army. The defense of the State is one of the duties of a citizen. . While the defense of the State is no longer the prime duty of the government.4 In both the 1935 and 1973 Constitutions. To leave the organization of an army to the will of the citizens would be to make this duty excusable should there be no sufficient men who volunteer to enlist therein. Accordingly. the Constitution has provided for the above principle.Thus." This concept is considered anachronistic.1)0 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 198ft) 2 Peoplt> vs. we emhrace anachronism thnt adds insult to injury. it gives Ihl. the Supreme Court upheld in a case the validity of the National Defense Act requiring compulsory 1 ~The Spanish republican government at least had no reason to insist on it:.) For self-preservation and to defend its territorial honor and integrity. Military and civil service by the people. it may call upon the people to defend the State. "the defense of the State is the prime duty of the Government x x x. Rama. 4. Sept. Marcos and the military juntas in South America invoked the constitutional precept that tht~ first duty of the government is to defend the State and beef up the military. worse for the Spaniards. XVI.Yulder arms to defend the State. (see Art. a role wider and more important than a democratic constitution would allow it. and the people in them.) (2) Compulsory.·eted and invaded by other world powers. 1 Defense of the State by the people against foreign aggression. To justify their military regime!'\. In recognition of this fact." ("The Anachronism in the Constitution" by Com. The constitutional provision covers both time of peace and time of war. Marcos and many dictators. or civil service. 13. (Sec. the Philippines can engage in a defensive war. they had to ~tre!'\S the principle that it was the primary obligation of the government. 66 Phil. Thus. Mr. home and colonial. their coloni<ls all over the world were being co. At that time. In carelessly adopting this theory in our Collstitution. Napoleon G. 2 This principle is reinforced by the provision on the formation of a citizen armed force. took villainous advantage of the declar(-ld constitutional principle. It was taken f1·om the Constitution of the Spanish Republic. (1) Defense of State performed through an army. In that sense. Mr. Manila Bulletin.

3 Any citizen recruited for the army or civil ser vice pursuant to law for the defense of the State may not refuse on the ground tha: to go to war is against his r eligion. ." Each citiY.. ..The term. Su bsequently.:. No.service. '1C. a.A. The Deer~ amended C. 7077. Only when peace and order.:redited in h is favor for the purpose of fulfilling educational requirem<:nt!l established by law. and military l.uch senicc shall be 1. "shall con.'' was enacted . One cannot render the service required through another.ee note 1 to Sec.A. and the promotion of the genera l welfa re or the common good. . In view of widespread protests which h ave been registered by various sectorR. 19911. like as workers in munition factories. th e Decree. 5. law enfnrcem!. liberty. the protection of life.'' provides for compu]t<." (see Preamble. No. 916:1 (::.ind Sections :JH and 39 of R. The Secretary of Education. and prope rty.'' · SEC.urc a nd Sports inow Sccretnry of Educationl is directed to review the law and submit r t>commendation.1 ame nded Sections 2 and a of Presidential Dccr~o No.. the provisions on military service.DECLAHA'flO!\ OF PRINCJPLBS AND STATE POLICIES Pri ncipl e~ 51 military Bervice. 5-6 ART.). 4 It seek s to emphasize the primordial responsibility of the Government "to serve and protect the people'' even when they are called upon "to defend the State.'nl. XVI. Sec. 1. II. ).The phra~e "under conditions provided by law" is intended to prevent arbitr?.!'iness on the part of certain officials to require military or civil service. except. (3) Meaning of ciuil service. will political stabih ty and economic prosperity become attainable and t he people t ruly enjoy t h e "blessings of independence and democracy.) are established and maintained. namely: civil weltiue service. 11. 170() !Aug. th e protection of life. security.tm shall rcndor the service in any of the program!~ or a combination thcrerof and t. Sec. etc. s:The separation of Church and State shall be inviolable. Cult. A.Sees. 'l'he service must be "per sonal. a nd the promotion of the general welfare are essential for t h e enjoyment by all the people of the blessings of democ racy.c>ry "national service" for all citizens of the Philippines which. used ir. 8. The constitutional provision 1·emoves all dm1bt as to the validity of such law. 1. 1\Jo. otl)erwise known as uThc National Service Law. No. l 706 . The State (Government) shall pursue the maintenance of peace and order (see Art. ) SEC. and a life of dignity (see Sec. refers to any service for the defense of the State other than as soldiers. RA. fii . 6. Decree No." (5) By law . Maintenonce of peace and order. its implemen· tativn was suspended by Memorandum Order No. as used above. Resen· ist Act. R. . No. 1.A. The maintenan ce of peace and order.vear 1986-1987.ist of three (31 main programs. 7077 (. 11 of the P resident at all schoolleveis effective school . the ucitizcn Armed Forces of the Philippine:. 1980).>er vice. ~ 4 ) Personal. liberty a nd property (see Art.Tunc 27. 13. 'Pre~ide ntial .

as follo w:.provi. 1 The demarcation line C'alls on the two institutions to "render unto Ceasar the t hings that are Ceasar's and unto God the things t hat are God's.. i.g line between t he r espective domains or jurisdict ions of the Church and t he St~te has always been the subject matter of much disagreement.on. Sec.ely abound. church.. applied. politics."STITUTION Sec. not only wa..>lf powr:rs that properly be longed to the Sll:lte. because the m is.u. 6 Principle of separation of the church and State.·i ne missio n. perpctun~ d the abuses of the coloni al regi m e .arily incl udes llvangelizing th e political world. so ul a nd body. paid. 1999 i11it. or s upport of any sed. for the use.g.2 The term "church.sf:'lf with a secul11r acti\'ity !e. In con nection wi t. Fourth. Meaning of "establishment of religion clause. The principle simply mean s that the church is not to interfere in purely political matters or temporal aspects of man's life and the State.'' (Art. Meaning.'' The ph•·ase "no law respecting an establishment of religion " h as been referred to a s the "establishment of religion clau se. gTH ft and corruption. In t he political field. but the church arrogated unt u its. Third.. Th~ church tolerated. l'f'ht..) Settion 6 merely affirms this old constitutional principle. sees the r en ewal of the temporal order >H. or employed. in purely matters of r elig ion and morals.. spiritual a nd temporal. The original ra ~ionale behi nd the separa tion was t h<! grow ing power of religio us autho ri t ies who im pot<ed thf!i r doctrillf!l! and r ulcs on tlwir f'•Jili)WI: r::: t o tht' extent of encroaching in to the politi cal or ~'"-:ular real m. • 2 F or cxmnple.... in piHticular.e <7 J.1 and that "no public money or property shall ever be appropriated. which are the exclusive concerns of the other. secured or protected from violation) is implied from the constitutional prohibitions that "no law shall be made respecting an establishment of religion" (Art. Sec..e. because tht· (. because politics has a mor:-11 dimension.h1.: now cmbndied in Sf:'rtion 5.h the Day of Prayt?r fo r the Nation held on September 2 1.ion of tlw law of God an d the commo n good and an. sectarian institution or system of n~ligion.ion nf t.a lvation involvt-~ the political sphe re. Jt. directly or indirectly.inn was contained in clau.." as us~d in the Constitution. Second. 29l21.· inconsiste nt with christian valu~l:\ 1:mcl principles. The principle of the SE>para tion of Church and State being inviolable (i. because the ii<!l vatinn or lht' h uman j)f:'T:SOI1 is from pe r.: 'First.onal and social sins."3 In the words of 'Durin~ th e Sp11 nish !·egimf!. salvation in vo l ve~ th e tntal pE>n. It may hurt o r l:>E'nefit people. Church of integral ~.pd and l. . 5. a m ission in poi itic.)ciA] :sins unfnrwna t..." Thi s is not as simple as it appears for the exact di vidir. if\ a human activity.l for all •~rt~a l ion neccs.. there no !>cpflrlltion of church and State.ons why t.he Kingdnrn nfGod callth~ Church to politi('al im·o l\'t:?ment. denomination. The Catholic Church. t h e Archh i. To prodai m the go>-p<.(·ording to th e gos p e l a!! falli ng with in its di . Politic. coYers all faiths . VI . :. arti fi(:ial birth coot ro ll which it hc::lieve ~ is conducted or is in contraven t. benefit .he chur ch ha~. violation of human righ ts.titntion as a s c'!Hlrat(• provil"inn. Art ide III in the 1987 ConF.h"P of ~1anil a issued a circular giving th e main r<:a:. III.. and l t ) 80m!c' extent.TEXTBOOK t)!\' THE PHILIPPINE CO:-. a church may concern it. Sectio n 1 of Article Ill {Bill of Right s) of the 19:t'i Constitutinn.iated by the Cath olic Church.

3[3. Sec. . the Preamble of the Constitution starts with these words: "We. 1) and Chdstmn" Day !Dec. There is nothing in th e Constitution prohibiting the ch urch from expressing its views or stand on public i&sl•'e s. 21. i"ifi !Nov. imploring the aid of Almighty God .tJtll. isee Adm. Order No. . (2> The State cannot set up a church.xec. ).). 1986J and 1\o. Procla mations No. ' Executive Order No. . Ma nndy Thursday and Good Friday (movnhlc date) as rcgulllr holidays l:lnd All Saints' Day INov. aid all religions (see Art. 25) a.hall have no official religion.ES AND STATE POLIC IES Pri n ciples 53 Thomas Jefferson. 26. 6 Soc Ibid.ice his call ing. whether or not su pported with public funds. 1979J established the annual celebration ofl\:ntional Bible Week and National Rihln Sunday. .. (2) The use of public money or property is not prohibited when a priest. (3) Every person is free to prClfess belief or disbelief in any religion. nationwide ilpecial holidays. properties devoted exclusively to religious purposes (Art.ducHtion.) Proclamntion No. The command that Church a nd State be separate is not to be interpreted to mean hostility to religion. Sec.Sec. 28[3. and (5) The State cannot puni sh a person for entertaining or professing r eligiou s beliefs or disbeliefs. 201. sAglipay vs. 192a (Oct. Book I. ' lhid. Sec. (4) Every religiou s minister is free to prad.) The State r.c.1. Christmas Day and Sundays are made legal holidays8 because of the secular idea that their observance is conducive to beneficial moral results. the sovereign Filipino people. or prefer one religion over another. G No hostility towards religion. 1. "~ And it means that: ( l. mora l. 29[2]. 27.DECLARATION OF PR£NCIPI. this clause was intended to erect "a wall of separation between the Church and the State . preacher or dignitary as such is assigned to the armed forces. 2921.S.:. 1067 !Aug. VI . 330 U. und social fiber of . Proclama tion No. Board of F.1. Code of 19H7 [~. (4) Thursday and Friday of Holy Week. VI. Sec. Ruh. 6 ART. Sec. 1987 ! list. or to any penal institution or government orphanage or leprosarium (Art. the Filipino people "manifested their intense religious nature and placed unfaltering reliance upon him who guides the destinies of men a nd nations.studying thc Bible in molding the !:lpiri t. 26. nor aid one religion.b these words. zrn {J une 30.t~rvance ofN11tional BiOle Week on the lnst week of J anua ry each year with the l<~t!t Sunday a:o Bihk Sunchty."" ' Furthermore: ( 1) Our Constitution and laws exempt from taxation. 64 Phil.G As a matter of fact.). II.). its influence is deeply felt and highly appreciated." Wit. XIV. 1997) call forth~ oh. and •Everson vs. In so far as religion instills into the minds the purest principles of morality. using a metaphor. VI. (3) Optional religious instruction in public elementary and high schools is by constitutional mandate a llowed (Art. 29[2]. 1067 calls for "natiom1l a ttention to be focused on the imporiM•ce of reading and .

(1) An instrument of domestic policy. see Aglipa~· Y. Thus. It. separate but parallel like the two tracks on the r ailroad lea ding to the same desti n < •tion. and certain crimes against religious wors hip are considered crimes against the fundament al laws of the State." Proclamation No. No. It is a set of guidelines followed by a government of a country in order to promote its nationa l interest through the conduct of its relations with other countries. 2002) declares th e first day of shal(·u·al. 2003." 1 Philippine foreign policy h as al l too often been perceiYed w h ave little or no bearing at a ll to the ordina ry l<'ilipino in his daily s truggle for existence. R. Congress shares with the President the responsibility of formulating the country's foreign policy alt hough the conduct lhereofis primarily r eposed in the executive depart ment. t he former being related t. Vll. 11 'ln a speech before the Manila Rotarians on July 24 . t he 10th month of th e Islamic calendar.1 the nation. as n s pecial non-workin g day throughout th e cou ntry f Feast of Ra madhan}. 64 Phil. and the lOth day of Zhul Hijja . . In its relations with other states the p aramount consideration shall b e national sovereigntyJ territorial integrity. Sec. Jaime Cardinal Sin said: "The Church and tho State are two e ntities that play an importa nt role in our life. dedares Novi:" mber 26. fore ign policy is but a r eflection and a n ins trument of domes tic policy. 9177 tNov. The State shall p ursue an independe nt foreign policy. 7 (5) The la w punishes polygamy and bigamy. Under our constitutional system. national interest. 9 With in the limits prescribed by the principl e of separation of Church and State. need not be deta ched or removed from the people it endeavor s to serve.) The President formulates our for eign policy principa lly with the help of the Department of Foreign Affairs.o and dict ated by the la tter. . 26. th ese two great entities could work together in harmony to serve the welfare of the people. 498 1Nov. 7. Art~> . Let us believe th<tt th ey can work hand in ha nd. They are not only mutually consistent but complementary . Foreign policy of the Philippines. 22.A. "See Revised Penal Code. Foreign p olicy is the basic direction underlyi ng the conduct by a St ate of its affairs uis-a -vis those of other States. It is the sole weapon of a State fo r the promotion of national interest in internati ona l affairs. a nd the right to self-determination. 20 1. th e 12th month of Islamic calendar.I ts importance in the survival and progress of a country cannot be over-emphasized.i> . a r egiona l holiday in the Aut onomous Region in Muslim Mindanao <ARMMl for the observa nce of Eid ul A dha . 13. 1979. 132-133. the end of Ramadhan. Let us keep them separate hy all means hut let us not interpre t se paration as segregation. a national ho lida y for the observance of E idul Fitr. HI STATE POLICIES SEC. (see Art. Ruiz. 2003.54 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.

7 ART.•hihit.sm . P a norama.a nd above a ll.ting solut.June 10. To be of t r u ly of scrvi c~ to t. the F ilipino poople.tanee.. 26.. Indt~pendence in the making and conduct of foreign policy is relative. continued to sh rink int o a n infinitely com plex web of interdepen dence «nct interc<mn ecti vit.. aware of the unwelcome conseque nces of a poli cy characterized by excessive dependence on a nother country .. ·ideology and social sys te m and to promote as much beneficial relations with them particularl y in economie and trade activities.S ..erious effect on the country's relations with other countries of a foreign poli cy that revolves only on our r elations with s elect members of the interna tional community..'> to r econs t. The national inte:·est will not be served by trying to deal with regional and international issues in absolute terms. . we must make no enemy if we <.DI~C LARATIO:-\ OF PRf~ C il'LES AND STATE POLICIES St ate I'olicie~ 55 (2) Pursuit of an independent foreign policy. 2004. Neither does it mean abandoning traditiona.1 ~ By way of illust ration...ed s uh~.:es for welopme nt assistance. our basic f01·eign policy objective is to establish friendly relations with all coun tries of the world regardless of race. ~ An independent foreign po~il. and smOJggler~. In a nutshell.Param oun t consideration.')' simply means one that is not subordinate or subject t o nor dependent upon the support of another governmt'nt.The Constitution mandates the State to pursue an independent foreign policy. (3} .~et·v. . why we strengt hen bilatera l rc~l a ti ons in order t o open wor ld mark ets for Ph ilipp ine products. t. and enhance our national intcrc.:an make a friend. 8. It is not one that completely rejects advice or assistance from without.1:1fP. .y. . foreign p olicy n ocds t o ad va11ce t h e cv u~t t.. The p<•ople will then undl!rsta nd and a pprcciatP.vnriel11n ~co p~ and magnitude thro ugh the ycn rs bN:i. why we h a ve to by the basis for a la1.. pp. we pursue a foreign policy that will pte.ty and prot.her pr. As a r c!lult. promote irwe:>tments and tour. The framing of a fo reign policy is shaped by how interests n rc idcntifi~~·J and det ermined a t a ny given moment.ign Affairs. St>rretary of ForP. Being a small developing nation.he foreign pCJlicy of t h e count ry was l o a lign itself with the U.b e Filipino.1 :ction of onr m illions of overscaft work er s . An informed citizenry wi ll t hus r ea l iz~ w hy fc•reign poli<'y and diplo macy have to be invol ved in the w11r against the proliftlr a t ion of n u clear ~tnd other wea pons C)f mass des tructior. on many international issu os.1 reign Policy in the Servic<' of the Filipino.. To be realistic. why we need a regional co unter-terrorism a grt>ement. Philippine int.s.:!d to official rl< cn~.iloJl to conflicting c!aims in the South Chinil s~a. human t r a ffickers. the domestic policy of our count ry a fte r becoming independent in 1946 wa.ure the .-. against child lahor and wonw n exploit11tion.I allies or being isolated fro"Ql the international community. nd fa~t on our fa ir trad e commit ments. religion . a nd ta p o>our. against tr:rrorist':l.~ (!C.'>ts and ultima tely.wncerns and partly het"ause th e world hii. In general. Albert. again1<t M\r\:(otic~ and ot.. why we do T l\lt lea ve a stone untu m .The Constit ut ion r ecognizes t hat in the pursuit of an independent foreign policy in an interdependent world. a foreign policy must have a global outlook in view of the delf:'t. H.ru ct th e economy r avaf::cd by World Wa r II for wh ich the Ph il i ppi ne ~ needed foreign aid rea di ly a vailab le from t h o U. benefit. (soc A l-'<. new realities and new situations may require the Philippines to m ake a reapprail'lal of the conduct of its foreign relation s . why we s to.ts and protl:'ct a nd promote the right!'< and welfare flf l'\'ery citizen.\use of our ch a nging. Ours must be a policy of flcxibili ty a nd pragmatis m guided only by the welfare of our people a nd the security of our Republic. a nd other tran':lnationa l <~rime.S.eres t!:l h ave. by Delia D. .ry's in t ere.

considering that it wa s not prohibited under the then existing mi litary bases agreement with the United States whose va lidity a nd term of effectivity until 1991 are implicitly recognized by the Constitution. promote full employment. however. St!pt. July 28.The records of the Const itutional Commission1 support the position that Section 8 does not absolutely ba n nuclear we-apons fr om Philippine territory.XTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 25. p. or condition if the phrase "consistent with national interest" is taken as the reason for the poli~y. if the n a tional interest so dictates. Manila Bull etin.'~~ SEC." may reasonably be interpreted to mean "subject to national interest. manufacture or t esting in our country of nuclear we apons. exception. . p. 7. ) SEC. n ational interest. The Philippines." In other words.The phraseology. a rising standard of living. . Tol+mtino. 9. the Philippines "adopts and pursues'' the policy because it is consistent with national interest. (Sec. XVIH . the storing of nuclear weapons in our territory may be permitted at least on a transitory basis. that is. storing. Congress will have to provide the mechanics to effectively implement Section 8. SlB. ) (2) As an absolute ban. 1 !Vol. and other peaceful or beneficial purposes. the paramount consideration of the Philippines shall be national sovereignty. (1) As subject to exception. HJ. It does not. 8-9 In its relations with other states. l!:H\8. agriculture. The intent of Section 8 is to forbid the making. The Constitution itself bans nuclear weapons as a policy and precisely emphas izes t hat such policy is Mconsistent with the n ational interest. 8. The phra s~ "consistent with the national interest. 7. Freedom from nuclear weapons policy. an d the right to self-determ ination. 1!186. and an improved quality of life for all. (see Art. adopts and pursue s a policy of freedom from nuclear weap· ons in its territory. Sec.56 TF. devices or parts thereof as well as the use of our territory as dumping site for radioactive wastes and the transit within our territor y of ships or planes with nuclear weapons. territorial integrity. Senaror Arturo M. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the p eople from pove rty through policies that provide adequate social services. of Section 8 may be unders tood as providi ng no qualification. consistent with the national inte rest. however. IV. . prohibit the use of nuclear energy for medicine.

pa1· 1. of which by far the gr.). . diseases. h:. The goal is to reduce t he political and economic power of a privileged few by equalizing widely differing standards and opportuniti!:!S for advancement and to raise the mass~~s of our people from their poverty to a qualitative life worthy of hum an dignity.e r part of the members a1·e poor anu miserahle.CLAJ:{ATION OF P RINCIPLES AND STATE POLICIES St. etc. Sec.f .·· . t h ~> :\ationai Sta tistics Office iN SOJ show that the country's wealth r"'main!:' nne•·(·J:l~ di.1 1:-.. Art. With the eradication of mass poverty.!) that Adam Sm ith. This is accomplished through policies that provide adequate social services (in the fie ld of health. SEC. breakdown of family syste ms.Se~:. housing. criminality.Rights). and low productivity.· OF." Such a society must insure th e prosper ity and independP.~ i income while '•he poor earned only a fraction of the riche>:t lO'if. Human dignity and human rights.. XIII.the poor. the individual enjoys certain righ t" \\·hich cannot be modified or taken away by the lawmaking body. (]bid. and an improved quality oflife for all. those who h ave less in life ..\bn. 11. It wi.. th~ S tate must give prefere ntial attention to the welfare of the less fortunate members of the community... Thc::e> rights are recog- '!'over t.tributed as the richest fP.· con~idt-r it as the root cause of oth er problems the people are facin~ whh. It i!-1 discussed full y under Article XIII (Social Jus tice and H uman . II. ignorance. The State values the dignity of every human person and guarantees full r espect for human rights. Sec. XII.).The State shall promote a just and dynamic social order. 1. . In the fu lfillment of this duty. 3. the State solves a t the same time a chain of 'Social problem s that comes with it: social unrest. . . a rising standa rd of living. 10. 2.'llt! Policies 57 Just and dynamic social order. Social justice. (1) Policies necessary to be pun~uecl. La test sun·~.y h as alway~ been an issue in our cou ntry . promote full employment (see Art. In a democratic state. 1.eat. the underprivileged. - SEC.nce of the nation and fr ee the underprivileged and th e marginalized sectors of our popu lation from poverty.w families continued to amass the lion's 11hare of the (·)L!mry·~ to t.t (2) Soluing the problem of mass poverty. This policy mandates the State to promote social jus tice in all phasei:' of n ational d~velopment. The State sh a ll promote social justice in all phases of national development.) The Preamble calls for the "establishment of a just and h umane society. 10-11 ART. education. Sec. par. the father of modern economics wrote: "No Sf)Cicty can S l!n:h· be t1 ···u :·ishmg and happy.

. it is the duty of th e State to enact measures and develop programs that will promote human dignity and protect the people from any threat of violence or use of force or deception for the purpose of exploitation. "trafficking in person~" rP.58 TEXTBOOK ON TH~~ P HILIPPI!\E CONSTlT UTION Sec. Under the Ac•.Y has given constitutional ba:sis to the family as a basic autonomous social institution. or jn the guise of protecting the family. t. transfer. mandates the 3tate to recognize the sacredness of famqy life and to strengthen the family.Jy for the guidance of the courts a nd ad min istrative officials. but also for their wl:olesome inauence upon t he mem bers of every family. h arboring or receipt.) Under the provision. 12.hc rcmo"<. of every human person.fers to the racruit ment. Strengthening the family as a basic autonomous social institution. of ptlrsons for the purpo~e of cxploitntion which indudes prostitution . It shall equaJly protect the life of the mother and the life of the unborn ft·om conception. 200~) penaliz~!s trafficking in perl:'nm. 56-t)ll.o begin from the moment of m merge at fe r tilization.atiou .>t~c . conception when the fe male egg and the male sper_ (1 ) 'The • Anti·'l'r!l flicking in Per>:~ons Act oi 2003'' 1 KA. In pursuit of this constitutional poli cy . but in addition. especially wo men a nd chilrlr!Ht.!l or s ale of or gan s. H9·15l. forced labor or services. t.y the exte. Our Civil Code lays down certain genera l principles which sustain the r.iclr~:. :\1) .rnn. :Articles 2Hi-2:l2 t. 1 This topic is discussed at length under Article III (Bill of Right. interfere in purely internal family matters which do not involve the social ord~~r or any public policy.<.s) and Article XII! (Social Justice a r. The State r ecognizes the san ctity of family life and shall p rotect and strengthen the family as a basic autonomous social institution. Family Code. 920~.nt of respect for human rights. ~lay 26.olidarity of the famil y not or. 1 Right to life of the unborn from conception and of the mother. SEC.. . XV. the government may not enact any law or initiate measures that would break up or weak<m the family as a social unit.hP. 68.. The above declaration not onl.htm:of. 12 nized or guaranteed because of t. The natural and primary right and duty of parents in the rearing of the youth for civic efficie ncy and the d evelopment of moral character s hall receive the support of the Government.d Human Rights). .\rt. or t. Huma n lift is commonly believed.port. beli~f in the inherent dignity and worth The value accorded to human dignity is measured b. (see Art.

. The youth of t od ay will oe tomor row's cit izens. He has a basic human right to life which the State i$ m a ndated to protect. th a t teachers shall b e of good moral character and pa t!·iotic disposition.T he com mon welfare of society as well a s the good of the individual depends to a great exten t upon t he pr oper e ducation a nd t r a ining of children. The governmen t.. ab~ence of the pa rent s .The above provis ion must not. be int erpreted to mean thai . Both the church and i h "' ~<ch oo l ha. ( 1) A duty both of parents and governmen t.t cm pvr . 12 ART.try or permanent. II . t he Sta te ca nnot b y law com pel th e pare nts to m ak e their children accept in str uction in public schools only.uire that all children of proper age attend school . . the unbor n child is considered a subject or a possessor of human rights.·:ng t <' work away fr om home.. The child is not a me re creation of the State. t he children wi ll be consi der ed the p ro perty of the State.Sec. (Ibid.. Such a law con sti tu t es an unreasonable interference with the liber ty of parents to direct the upbringing a nd educa t ion of ch ildren under their control.DECLARATIO N OF PRINCIPLES AND STATE POLICIES State P olicies 59 F rom that moment. should equally share in the i nherent right and duty of par en t s in the training of thei r children to be good.tion of children. This pare ntal a bsenteeism has led the youth to turn to their pc:(·r . Ther-e l.) In short.·elop di~t orted values and undesirable beha viors. their tea chers and pupils. once conceived.> al. or both. t hat certain studies plainly essential to good cit ize ns hi p must be 2'J. The provision protecting the unborn prevents the possibility of abortion being legalized by futur e legislation .'radit iona l Filipino fam ilies h ave been charact cr iz<'d h~· cln:. with the father or the mother. however.th e health of the mother whose life it shall equally protect. The influen~ of th e 1-'ilipino family is slowly d isappearing becau se of th e. ha.~a m i !~· tics.o th ~ concern of the influence of peen t h a t may lead children to j uvenile delinquE'ncy Without t heir parents guiding them. 2 (2) Rig ht of State to interfere w ith educo. These cit izens will be a s they h ave been pr epared a n d guide d in t heir youth. It manifes ts the Constitution's respect for hum a n life . useful. The State. has the power reasonably to regula te all schools. and worthy citizens by giving them support t o prepare their children for future positions of r esponsibility and leade rsh ip. however. <lr -bo rkada" for security and g uidan ce which they cannot enjoy in th~ hom e.·e important roles t<> play in inculcating pos itive values and attitudes which wil l s tre ngthen thE' cha r ac ter of ou r youth . m a ny yo ung people arc led to go a 1:1 tray a nd to de. t o refJ. (2 ) The S tat e has still a nother compelling i nterest aside from the r igh t to life of the unborn. as in a totalitarian State . Rearing of the youth for civic efficiency and development of moral character. . . ) The sacrifice of t he life of the unborn when medically established as necessary to save th e life of the mother is not abortion. 12. a child has a right to be born. So. along with infants and children. therefore. (Sec.

It shall in· culcate in the youth patriotis m and nationalism. . It s ha ll inculcate in the youth . the duty of the State t o see t h at these obligations are fulfilled by paren t s rthrou gh such means as compulsot·y education laws). Sec. ~ than t he Constitution r ecognizes this in the p rovision reducing t he \'Ot ing ag e from 21 t o 18. the Statf! should encouragt! r ather t han hinder t.e. intelligent. and to supply the e ssential ed ucational fa cilities which private initiative is una ble to fu r nish.r efore. r eligious. 510 .. 3 Pien :e vs.60 TEXT!:lOOK ON THE P HI L!Pl'INE CO!"STITUTION Sec.The bulk of our popula tion is made u p of th ~ youth. 268 U . civic .. (Art. and that nothing be taugh t which is mani festly inimical to p u blic See Ar t. The Bruce Co. l welfar c . (4) Duly of S tate to e ncourage edu cational inst itutions.The youth constitute a rich r csen oir of productive m a npower.. Recognizing thc !it· vital role in shaping the country's destiny.sically. voca tional. and e ncourage their involvement in public a nd civic affairs. 11 you ng p erson is one who is between 1 ~ and 30 years old. ·. more knowledgeable and intelligen t. mora lly. and social well-being. XIV.. The State recognizes the vital role of the youth in and shall promote and protect the ir physical. a nd thus. mora l. Puu lishin~ 'By defin itio n . well-being. Role ot the youth in nation-building.:t generations. and useful citiz ens a nd potential community leaders.S. 3r2l. S ec.is necessary for social. and socia )}y. not created by State law) and prima ry responsi bility for ed ucating the child rests in the family.h u ma nisti c. No Jc. the Constitu tion l ends its s uppt)rt to the pro motion of their welfare. intellectually. 1. nearly half of it comprising the \'t!r y young people who <!re 15 years old or younger. transfo rm them into healthy.i (2) Duty ofthe State. intellectua l. V .. today's younger cit. 180. 1 Compared to pre\·iou. . -Viewed in t his light. It is m a de the constit u t ional duty of t he State to p romot e a nd prot~ct the well ·being vf th e youth to enable t hem to develop phy.he operation of private a nd parochial schools so long as these schouls meet the secula r educational requireme nts which the government has the a uthority t o im pose . •schmandt and S t<•inbicker.3 < (3 ) The State and parental obligations. th e State als o has a d iEi tinct interes t in this ma tter s ince a proper education . 1:1 t augh t . (1) Today's youth. 13. Society of Sisters. in a wholesome a nd normal manner.. 1954 ed .ural U. spiritually. t h P. spiritual. The Fu ndamentals of Government. moral.J nation~building SEC. It is ..While the nat. The a bove d ecla ration is rel a ted to the pr eceding provis ion . . p.izenry are bet ter educated and far more well-informed and articulate and politica lly cons cious. upright.

o motivate. education.igned to providc military tr:~ining to t••rl iar" !.in rhE' you th hy dcvdoping the ethics of se rvice and pa t.~ Television Act of 1997"."Reserw) Offict>rs' Training Corps'' (ROTC). (see Art.i <~nd Colleges ~ t'ASUC •. Mlii (Junt.:.igned to t. (3) 1oday'. Cwrdinat ing Cou nt'il of Pri"ate Ed ucational Associations (COCOPEAl and other concerned gowmlm('n t ag~ncies. and encourage their active involvement and parlicipation (e.. XV.ion iKCCT) with the function.:-n:c·n t uf its facilitie$ .2J. discrimination and tlther conditions prejudicial to their development. . Order ~o. 14.. No.A.. duties. 9 . pla n a nd coordinate th1: implementation of the YEP. properly trained and guided.DECLARATION OF PRINC:JPLES ANI. .A.wi ng h ou l'8 3nd work cl<•!'. 28.:.:l t ('·~·ntribute to the general we lfnn:: and betterment oflifc for communi tic:.'l youth.) R. tt'lcvision broadt·a«t ind u . 1997).. tra in.pccially de. the NYC formulated th e You th Entrepreneurship Program 1YEP1 which aims to develop the entrepren t!ural skills of the }outh and encou rng<:> them to pa rti cipat E' and orga ni:>:e hus incss enterpril!f~S.A. R.·ir. The :"STP is 8 prog ram aimed a t enhancing !:ivh. 275 (Sept. 7077 de-:. lists the 1·ights and rt-spon. 8:no <Oct. and liabilities oftht. cnvirc>n::lelit . m while undergo ing tr~~ining tn any of thethree program componE-n t s. 1995i create::: a committee for the special protection of thildren from a ll fo1·ms of negh. a set of standards for television progra ml> s h own duri ng child-viP.:>sistance andiur inccntiv~ to t h ose l:l ludf~nts who wi ll take t his tomponen t ..t!rvicc co mpo· ncnt~ ·. creates a National Yo uth Commist<ion io formulate and impl('ment. •~xploitation . 13. or t. by giving them represent~:~tion ) in public and civic affairs2 (Sec.. No.·elopm~mt of yo uth in nation-b uilding. The Reserve Officers ' Training Cl)rp. kn<)\\' 11 as the Child and Youth Welfa r e Code. 38 and 39 of RA. XIV.A No.h . N o.. The Commission on H igher Education !CHED •a na T ~chn u:al Education and Skills Development Authority <T E:Sl)A ) in c(m.!' pn·part:dncss. cunsciousne.~ leaders. Ex N·.retl No..J to the fuJlest extent pos:-. 8044 (June 7.he pT(tgram's three :. The Department cf Defnn ~•: (DND 1 is directe d l. R.cly with the indu s try for the ado ption and implementation of said :>la ndnrds. 8044.rioti ~. out-uf·llchoolyoulh and '. The literru:y training .By harnessing their enterprising spirit and progressive ideali::. Nov..-e ktHlwn aR the "Children'. promote positive personal and social values among them . tomorro w '. may de.A. establit>hl:'s a National Coundl fot• Children·~ Te\evH.s in public and priv~•le P.ibilities of c:hildnm. a mong oth er s. Tht• RO TC i ~ made opt ional by t he Act.he NSTP com ponents a s r equi"ilfl for gr aduation.t<· Polic'ie..y .parent. No. 1971 ).s and defense prepa rcdnes:.o is a program instit uti•malizcd under :::ection. literacy tr11i ning service.-rttrepreneurship.:.·ic u·el/'are train ing :>til'l!ice refers to programs or acti\'itit· < t ~•. will in time assume with dignity a nd honor the places 2 l'residen tial Det. 9163. a buse. 1995). JL. and specifies the rights.ul tation with :lw D~D.mhance the youth's active contribution to the gcnP.:! 8tud e nt~:< in order t. an d tivic wei· fa re training service . emitted t he "Nll~i(nHsl Service Training Program f::\STPi Act of 2001." allows college students to choose among t. and xnohli ztl thHm for national defen:. No.ary in co nsonance with the provif'ions ofR.ducational in~titut ion:> will be r equired t u complete one of t. af.ign and implement $uCh other program components as may be ncce~.ible. cn~+~h. Phili ppine Association of State Univer· sitit>!. . especially tho<>e devoted to improving health. of any baccalaureate degrf\e course or at lea~t t wo Y'!ar technical-vocational course. 199~J creates YEl' National Coop<:> rntor~ Council that will oversee.Yt!rt•ice' is de~i gnlld lo train s tud ents to b~>co r:-u• teachers of literacy.: h ~ r ~e-gments of society.9. safety.l STATE POLICIES Shl.o funnulute and -.kills to sc hoolchildren. Pursuant to its mandate under R. Sec. a nd numeracy :.. organize. r~c­ reation and rnol'als of the citizenry. 603 (Dec. t<• formula te togeth er with t. Order No..:.AR'l'. The .do pt . othcrwi.. 9l63 (Jan.).t ry.m.g.!\ in the rearing of their children.:•·. nsale aud fem ale st udent. ~~ lllltio nal comprehens ive und coordinated program for de. 20021. 61 patriotism and nationaliHm (Att. otherwise kn\)wn as the ~Youth in Nation-Building Act.ral welfare. 2~. young people can become effective players in our collective effort to build a modern Philippines and.he ~nhan c.. (:n~ating a National Commission on Youth tNYC) for the pur·pose.ct. Exec. pro lf~:~m of l'.

N o.organization of Young Filipinos "strivin g to build a better nation and to develop bette r citizens.A. 14 of th~ir elders in the high councils of the n ation. Chap. 2003) decla res the la.t week of Februa ry of ever y year as "Nat ional TOYM Week. in education. talented. Today.The Constitution gives recognition to the role Filipino women have played and continue to play as partners in the task of n ation-building. they were in the forefront ofmoveme:1ts for the restoration of democratic processes in our land against a discredited regime which t'inally culminated in its overthrow. 1 They help shape a better fut ure for all Filipinos. excellence. and shall e n sure the fundamental equality before the law of women and m en." ' Th~ Outstanding Young ~len~ • TOY~t • Awards which has been instituted by the Junior Chamb~r of the Philippines \Jaycees'· a voluntary. They cor:stitutt> more than one-hal f of the population . 7160. . have proven their capabilities in all fields of human endeavor.. . ( 1) Proven capabilities of Filipino women. 14. aged 18 to 40. character and servic~ to the n ation. war. and in public service . it is only right that their voice be heard on matters a ffecting their ' The Local Govem ment Codo t R. In the recent past. They have always been ready to heed the country's call to service with two of them having steered the nation's ship of state." has no t only become one of th e cou ntry's mos t coveted a wards for yo ung men.Filipino women. in civic work. they are our future -th e nation's futu re in fact. and liberated. Many Filipinos sta nd out a mong the women of the world as being especially educate d.62 T EXTBOOK ON THE PHILIPPI NE CONSTITUTION Sec.nsion of H'omen's role. (2) Expa. bu t a lso an inlititution recognizing e xcellence in our young Filipinos. Role of women in nation·building. Sec. The TOYM F oundation m a de up of TOYM aw!\rdees seek to promote the ideals of leadership. integrity. And Filipino heroines who figu red prominently in gaining our independence are not fe>v. Hl59. past and present. The State recognizes the rol~ of women in nationbuilding. 2001prcsen t . Proclamatio n No. · declares Dece mber 7· 11 of every year a>< "Youth Week" to highlight the critiC'al r ole the youth plays in nation- building." s ince Octo ber 15. a powerful political and economic force indeed in Philippine society. 1 i . Filipino women have been involving themselves in worthy causes and activities of national concerns. 10. in the battles for liberation against a forei gn invader. They fought with courage and dedication in t he struggle for Philippine freedom against a colonial master and. Aqu ino. in the arts. By sheer force of number a lone. 1986-1992 and P resident Gloria Macapagal·Arroyo. .in private business. in the professions. Our children a re our hope. 439.even in positions of international leadership such as in the United Nations and other international organizations. It can s afely be said that the Philippi nes is well a he ad of many other countries of the world in terms of leaders hip roles of Filipino women both at home and abroad. They have a greater role in society today." ' Presid!H>t Corazun C. 521 {Dec. during the last.J SEC.

It is the duty of the State to ensure that equality before the law in all aspects of n:1t.)... domestic work was assigned to wow~n who were looked upon merely as men's helpmates and creative som·ces of human life. po(}l of intclJC'ctual rc~ource that. -SDcspit~~ m~ny advanc(!. they are entitled to special protection from tht> Statt!:5 (.AR'J'. :\o. 1'\o.1!1 ll:lP<tCl only on those who have been educaLL·d. is that. control. women have narrower occupational choices and have lower earnings than men. at all levels and in all spheres of hnman activity outside theh· homes. Sec. The traditional view that the role of women is primarily childbearing and child-rearing and performing household chores should be abandoned.lJ the R:. lirnitleso.. Womml-PO\. 4 Yet positions of responsibility and authority continue to be denominated by men. As a rule.titution means that ex<:E'pt for t. (. In certain situations. Filipino v.f gcmdcr-hascd violen~e persist and ofwn go unreported. 2'fhe fact. ·'Majority of the country's impoverished women Ji. in many aspects of lif<:>. ·'The Con~:..c-:1t in thE' Philippines by the quantity and qu<tlity of work t-hey d. such a hu~e. as a g<>ncral propo~ition.i!:'tan<:e and Protection Act (R.A. etc. the State should formulate strategie~ to expand women's participation in non-household and productive activities and thus make them direct contributors to the country's economic growth. XIII. 14.<. 9028) . terms of employment.linction. No.on merely of sex where it is not a rdevant factor in making a di::.•ducing povm·ty amon~ them and dcvcbpmq their competitiH:rw~.ychological harm or ~uffering t. open labor mar· kilt..~ .A. (2) the Anti-Rape Law (R.ion of liberty. "··~m<·n.·e in the rural arr·r. men cannot be consid~red. 3 (3) Equality with men before the law. Empow<·rnwnt of Filipino \j. . the Stat(~ must promote and uphold the equality of men and women in employment.-onwn (•ontribulf• gn!<\Uy ~o human d<>vcloprr.·ed to h~•vt.my Pli:'t':i .v. en•ry nutio11 rannot afford !>:• take for g1·ant.!n.ie!'< in thel'e arE'a!:' and maximizin.. and (4J tht! Anti-Trafficking Law H A.. It 1~ sirnpl<~ justice that they be given a legitimate share with men in leadership and major dt~cision-making process.xual !laras:. In pre-industrial societies.n l .he practice of profession.o at horne.>r••nct•. t.A. In economic life.) SEC.t•r i.hem to increase their effic-iency in ~conomit ac·tivitil:':' w~ll ~o a long way in r.uh~ in. H:l53. the acquisition.ionallife by rectifying or ending all practices and systems that are disadvantageous to women or di~criminate against thl~m by rea::. or i~ likely to result in physicaL sexual or p. and disposition of their property.<mt!nt Law IR.ed.IJI:)ir phy..DECLARATION 01'' PR1NCII'U:S AND STATE POLICIES State Polici{!S 63 welfare and the country as a whole.. more importa"nt laws that respond to gender-based viol<~ncc arc: c ll the Anti-S~:.ic:d dif"!t.sl'f! Art. H. opportunities for promotion. Some of the ("llllntry·... No. including threats of such a-cts or arbitrary depri vat. m. 8505. 7H77. 15.:pendng indu~tr·ies and employment opportunit.. superior to wom+.: t:ducation and t1'<1ining for t. The State shall protect and promote the right to health of the people and instill health consciousness among them.. !. Oi.vmE'n is g+merally belit•. for instancP._. pursuit of busine1>s.:.<pE:" Victim As. 2 While the social rol<! of women as mothers and household managers is recognized.Men and women are fundamentally equal.). It includE's any act tl•:H re.

ion (migration of peopie from rural area. &dies of water. 2004). and consequently.' ( 2 ) Effect on quality of life. The State shall protect and advance the right of the people to a balanced a nd healthful ecology in accord with the rhythm and harmony of nature.d/or damage to plant and a nimal life and property and. Some 7. and community or household acth·ities. No. na tural r esources utilization. water and resources. . beautiful country of ours. and vokanoes are our country's major features. sanitation an d education as a result of the deterioration of t he eJtvir onment.. health.her socio-economic factors. otherwi. pl ants and a nimal s! and their environments.. creates t he necessary institutiona l mechanism~.000 isl11nds com prise thi::.A.based sou rces of pollution s uch as industries. 8 7MJ (. Right of the people to a balanced and healthful ecology. chains of mountains. t o en surP. 9275 (March 22. population expansion. more important.. the effective utilization and conservation of the nation'. mining. Sec. No. otherwise known as the "Ecological Solid Waste :'l-1anRgemen t A<·t of 2000. agricultural ope'rAtions.. The State has the obligation to promote and pro tect the right of the people to health.A. it m ust instill health consciousn ess among the people. certain acts." provides for a l'omprehon. takes cognizance of the continuing degrad ation of the Philippine environment which has become a matter of national concern caused by r a pid urbanizai. 16 Right of the people to health. social and mental well-being rather than merely the absGnce of physical di:>eases. lakes. This topic is discus:sed lengthily under Article XUI (Social Justice and Human Rights). housing. To better fulfill th is duty.. R. the us e of modern technology. 19!)9/.1ter Act.'' provides for a •1 ecological solid waste managemen t p:-ogram . Ecology is tha t branch of science th at dealH with the study of the interrelationships t1f living things (organis ms .sive air pollution control policy.• live in dignity a s human beings because they cannot acquire the necessary food. teet th e co untry's water bodies from land. and iru. J (1) Causes of' environm ental degradation.16.Jun~ 23. SEC. health is the state of physical.. 9003 !. (s ee Art. No. prohibit. to protect human life. 'Togethc. -The Constitution... Wholistically defined . river system.. program to P?. in Section 16. 3. otherwise lmown as tho "Clean \V. the need for at1 environmental protection program to prevent further injury an. 26. "The Philippines is an archi pelago.ith Oora and faun a. to urban centersJ. Soctions 11 to 13. ~ 'R.64 TE XTBOOK O:"l' THE PrtlLTPPlNE CONST!Tt:TION Sec. 2001}..A.. t hey te~m v. provides for a compre hensive water management.Many people today are u nable t<. industrial g rowth. health and safety. H.e known ttl' U1e "Philippine Cle<~n Air Act of 1999.en· tives. and ot. anrl provides p~n<~lties. r with th e coastal and marine areas. The qu ality of life of th e people cannot advance unless the living environment is nurture d and valuable natural resources are protected a nd pre served. XII.Tan.

096 square kilnmeters of roral reefs.' . as seen in the shrinking glaciers.tation.h are some of the major factors that contribute to the degradation and destruction of our environment and its million. forest tires. howev('r. almost 70'/c· have been declared by th!:' Bureau of Fisheries and Aquatic Resource:. and <>cvere storms and downpours. Every hour.The ]essons drawn from ecological studies in the United Nations show that politkal.wide attention to the importance of sustaining the environment and enhancing the political actwn to protect its lite-supporting features. . a hundred years ago to 5A million hectares today.. the improvement of the quality of our envil'Onment should occupy a higher place in the scheme of priorities of the goyemment. of pricelesg denizens.120 species offloweting plants (including ~he rare Waling-Waling and Cattleya nrchidsl.50:l species of indigenous trees (sut:h as the world-famous Narr·a.:ially our world-famous Tuna..~orne 8.. The re<:a.from '2(imillion hecta. World Environment Day is observed on June 5 of each year as one of the principal vehicles through which the United Nations stimulatt>!:' wol'lu.500 fish species (esp~. H. and Kamagongl. and economic growth and development are crucially dependent upon the state of the human envir·:.ry's marine areas harbor some 3. 640 species of moss.t. th(' sp'imng cof chunk~ off the Antarctic ice sheet. June 17.:. and rapid population growt. One square kilometer of coral reef~. . Molave..ona I disorder that can result from climatic in!.ul'e P.. social. and many more flora and fauna. traps the sun·. and the freak weathet· phenomenon . including those found in the seas and oc-eans.. and massive reforestation. Of the 44. These include the build-up of carbon dioxide and methane creating the phenom~~non of the greenhouse effect (due to pollutants from increased combuEtion fossil fuP.. Environment l'xpert.. • All living creatures. the earth and exposing coastal areas to tidal waves wilh the melting of the polar ice. produces more than 200.. are feeling the change in climactic conditions and are trying to adjust hy moving or migratmg The Earth is reacting to the weather changes. In the face of drastic disruption~ of weather patte1·ns around the world..d La Xiil.ls.} Let us help foster public awareness about the urgent need to preserve our environment and our country as the •Pearl of rhe Orient Seas!' 3 Sevm·al factor:.ponsible for the growing threat to planet earth and. if not overheating. it re~ult:> in nuJre intcn!." Urbanization. are optimistic that these conditions can be anested and our country':.r.emperat...such as El :\u'lo ar.e rainfalL Warning also accelerates the breeding rates of disease-carrying in~ects. proper waste disposal. (:\ianila Bulletin Bditorial. Scientists have documented an increase in unreasonable weather. haYe been cited as re.l Sec. So.-e.DECLARATION OF PRINCIPLES AND STATE POLICIES State Policies 65 (3J Relation~hip h£>tween development and environment. It al. our beloved Fhilipines de.~ heat and prevents it from radiating hack into space. 240 species and sub-species of mammals. Fish are becoming harder to find. Yakal. global ~-t>operation and efforts are needed to help solve the growing hazards to the habitability of our planet for all life forms. Effective implementation of our count.·y's various environmental law. Overpopulation in developing CO)untries has also affected the envirunme:n.erves to be called the "Pearl cf the Orient.s. recycling.000 tons of fish and other marine products every year.xtremcs.om~l 63 hectares of fore1. can promote such rehabilitation. It is not hard to forsee the kind of political instahilitv and ... Tanguigi). environrnent can be rehabilitated..o expands the air to hold more water. The planet is losing plant and animal spt'('ies at a rate that has nor been seen for eons. 16 /' ART.t covers of our country harbor . some 3. Protection of the environment is a global issue and every nation is duty·bound to prot~•:t !c.. therefore. industrialization. defore.~ For this reason. t.:. Illegal logging and the kaingin system of farming have denuded our forests..nn for the latter iB simple: as the atmosphere warms. deforestation and burning forests) and the depletion of the ozone layer which pose the danger of warming up.tability.a. 2004. Our count.. The release of "greenhouse gase.. to human and animal life on it. when a normal storm occ\as.·. nment.own. Truly.. their habitats being destroy€d evm1 before tl:ey are old enough to reproduce. it accelerates the evaporation of surfat(· "·at.s ar~l cleared." primarily carbon dioxide from the burning of fossil fuels. as being in fair to poor condition.. The lore.. altered rainfall and drought patterns (which disrupt food t-1uppli~~).

idered a poor manager . Section J. SEC. topic is discussed under Article XIV with the above subj ects as title. encourages private e nterprise. culture and sports. tht' S t a t e is · mandated to encourage private enterprise and to provide incentives to needed investments. arts.. Governme nt is often con. science and t echnology. accelerate social progress. The State shall give priority to education. arts.. 17.:. Self-reliant and independent national economy. They play favorites. The Constit ution does n'Jt fa vor an economy managed or controlled by the State. Ju~ti ctJ and Human SEC. This topic is discussed under Article Xl ll 1 Social Rights).eussed in detail under Article XII (National Economy and P atrimony). science and technology. and sports to foster patriotism and n ationalism . 20.stitutiona] guidelines in the development of the economy: economic s!:!lf-reliance. Thi::-. The State affirms labor as a primary social economic force. whether local or foreign. thus discouraging those not favored. 17-20 SEC. and promote total human liberation and develop ment. Priority to education. 19. The State shall d e velop a self-reliant and independ· ent national economy effectively controlled by Filipinos. This topic is di1. In r ecognition of the jndispens able role of th ~ private sector as the main engine of economic development. the government should not engage in particular busi ness . Section 3. It shall protect thE' rights of workers aud promote their welfare. The State recognizes the indispe nsable role of the private sector.66 TEXTBOOK 0~ THE PH!LIPf>lNE CONSTITUTIOl" ::lcr . Under the principle of subsidiary adoi-'ted by the Cons titution in the a bove provision. Labor as a primary social economic force. SEC. and provides incentives to needed investme nts. 18. independent national economy. culture. Controls breed corruption and d iscourage business. a nd effective F ilipino control of the economy. Section 19 states the C o )n. Rote of the private sector in the economy.

16. (see Art. 6. II. and 18. The duty of the State is to make the economy a system fot free and private ente1·prise with the least government intenention in business affairs. ~uln. 22. the term "indigenous cultural communities" refers to those non-dominant groups 1 in our country which possess and wish to preserve ethnic. and Basilan. The State shall promote comprehensive rural development and agrarian reform.lirn group that dominates the provinces of Cotabato.ide:mial Denee No. 21-22 ART. Section l. Sections 1.. Zamb•langa. scattered throughout the country from Batanes inhabited by lvatan tribe. 1972. religious. This topic is discussed under Article XIII (Social Justice and Human Rights). Feb. XII. Rights of indigenous cultural communities. SEC. Sec. 2 Section 22 recognizes constitutionally the existence and the rights of the indigenous cultural communities. Comprehensive rural development and agrarian reform. 2. SEC.: :v :hE' )lu. Annex B-1. This topic is discussed fully under Article XII (National Economy and Patrimony). or linguistic traditions or characteristics markedly different from the rest of the population. 1971 Constitutional Convention Se~ Pre. social.. 17. -DECLARATION OF PRINCIPLES AND STATE POLICIES State Policies 67 activities which can be competently and efficiently undertaken by the private sector unless the latter is timid or does not want to enter into a specific industry or enterprise. political.. Lanao. lu:>lon. . beliefs and interests of indigenous cultural minorities in the formulation and implementation of state policies and programs. Sections 4 to 8 and Article XII (National Economy and Patrimony). It directs the State to promote their rights within the framework of national unity and development. 1978). 6. the State is bound to consider the customs.. 21.Sees.. lii Saranggani inhabited by Samals. p. and even industrial. As used in the Constitution. "Comprehensive rural development" covers all phases of rural development. 1414 (June 9.) The government was not established to engage in bu:)iness. cultural. 10.economic. 1. In a multi-ethnic society like ours. About half of the members of these tri~al group. Thus. 1. on National Integration Report :\o. 2See Committe. 2.. traditions. The State recognizes and promotes the 1·ights of indigenous cultural communities within the framework of national unity and development. the above 'They c:onsist of about sixty-three (63) ethni~· or tnbal gToup.

. Decree No. known as the Indigennus Peoples Hight." if' th(' \"•s ay<ts and Luzon.68 TEXTBOOK ON THf<) PHTUPPI. 23-24 provisi on i~> necessary in promoting the goal of national unity and devel opment. H32 t~ nd 1125. and provides for its itdministration among :.:· j. 2'1. 'Thus. community-based. F(\b. SEC. see Pres.4 SEC. c:odifies Muslim laws. tht~ rights (particularly over their ance.NE CONSTITUTION Sees.) R. Sections 15 and 16 which categorically state the role and rights of people's organizations as vehicles to enable the people to part. not the least. or sectoral organizations that promote the welfare of the nation. in line with the national polil:y to faci!it<I. It should r efrain from any actuation t hat would tend to interfere or subvert the rights of these organizations which in the words of the Constitution are community-based or sectoral organizations that promote the welfare of the nation . Decree No. ). with the m'JSt po pu\ou~ being th e pe-opleR of the Cordillc:ra wh. it h as a significant n umber of indigE'nous peoples..~um ad. In Mindanao. 837 1 !Oct. 807.A. The State recognizes the vital role of communication a nd information in nation-building. >~nv n at io n in the world." Asidt! from them. . Non-governmental.) Under the provision. special civil service examinations to qu alify them fur 1 1ppointmcnt in the civil tierv irc · Pres. With several linguist ic ~roups. This topic is discussed at length under Article XIII (Social Justice and Human Righb. t he "Code uf M•Jslim Personal Laws of the Philippines" re~'Ognizes the Rystem of Filipino Muslim lnws. 29. the Civil Scrvicn Commission is require d by !a" • .the d •' \ . 12. a condition that can be attr ibut"d tc: a host of factors . they ca n be active contributors to the political.3 (see Art. and intel·ests.. of which is thei r lack of access to the :<ervice> re-q uired for their mate ri al sun·ivnl and the improvement nf thl'\ir quality of life. 23. community-based or sectoral organizations. ·'The Phili ppinns.)uf.\1u~lim!:l. 23.!i·. XVI . protects and promotm._ :\re also cl i~>tri b­ uted into v. The State shall encourage non-governmental... As a ~roup . Sec. No. 1977. belie fs..o tral lands in communal (. thi>rc are other l!thno-linguistic ~r.-. under responsible leadership. 1997J. The State is required to encourage these organizations because recent events have shown that.xample.tr ious subgroups. for .•lo pMent of the areas occupied by them. traditions. and economic growth of the country.icipate and intervene meaningfully and effective ly in decisions which direL"tly affect their lives. the government may even enact laws especially for them taking into account their customs.wne rship) of indige nous cultural communities and crcat~s the National Co oun i!<>~ion on Ind igt>nous People. perhaps owing lto its >t r<" hi p~lngic n ature. social . Uet:rees No. Sec. 1083. (J'res. th(' indigenous peoples are collective>ly called . 4.!:' Act of 1997 i_IPRAI.H: the integration •>f the members of indigenous cultural nH:llmunities and accelerate.· r~t> a. is as di vc.) Consistent a lso wi th the spirit of t he constitu t ional provision.< meaning "horn of the earth. 1he indigenous com m umti es a r~ pc>lirically 11nd economically marginalized.

t'ld above. it is diffic ult to im agine a progressive country. advertising. m •t ma ss media.e ful tools for the fH..J. a.On the mater ial side . they can be an effective instrument in promoting nat iona l integration and preserving Filipino values and t raditions. in today's wn-:-ld of hi gh -tech computers . 1 1'elecommunication companie:. Tf~ because they reach the mass of the people.ion highways. T his topic is discus s(~d in Articl e X (Local Gr.nt l. ) That t hey play a critical role in nation-building is very obvious . .Li>t few years. Sec.ies (Art . 25-26 ART.IT reci p ient~ a re public u tili t. vigilant and enligh tened public opinion so essential to the successful opera tion of a t'epublican democracy. 1 Those mean~ of communication designed to gath er a nd convey ne\\'S or inform ation to the public are called P. Sec. and oth er public services in remote areas of the country.Sees. internets.. . medical. By educating the citizenry on important pubHc issues. In a country like the Philippines composed of people with diverse cultures. In a ny organization .·ernm ent s . Utilized and m nnap. SEC.n·ernmr.-\RAT!ON OF PRIN CIPL}:S AN D STATE POLICH~~ St at e Polici~> 69 Vital role of communication and information in nation-building.DECL. Sec. (1 ) Form ation of an enlightened c:itizenr:y. SEC. (3) Developm ent of society.nd business. 25. In the l f. XII. ready information maximizes int~rnal elfkiency. XVI. vvith antiquated communication a nd information structures. the world ha s witne ssed a steady stream of technological progress in this fie ld. that me rt> ly sl'ne all carriers lor tnm!'mitting spl:'cific messngcs to sp ecific addressees (. 10.jlf?. of society. social. their attitudes and va lues. cul tural and political d evel cpment..Mass media ~h ape people's thoughts and beliefs . '}' and economy in government. adapted. (2 I Promotion o(efficienc. . · 11[1]. (see Art.pace and informat. and p rohibit political dynasties a s may be defined by law. In fo r mation and comm unication can be used to li nk our geographically dispersed population and help effect fas ter delivery of educational. cabl e.S . a~ U!-. IJ. Partjcularly in busi ness. include not only print or broadcast media (radio and television) bu t als o motion pictures . tele phone and teleg•·aph. cyherc. T he State s hall ensur e the autonomy nfl o c~ I go. they also he lp create a s trong. il reduces cost of production and services.:onomic.ho~:~e "suita ble to the needs a nd aspira t ions of th e nation" !Ibid. Autonomy of local governments. The Philippines must keep abreast of communicaLion innov·ations but a t t he same time be selective and discriminating Lo insure t hat only t. Th e S t ate sh a ll guarantee equ a l access to opportun ities for public serv ice.ed wise ly and e fficiently. 26. 11. l. Communication and information . communication and informat ion are very u~.) Hrr.

and 7 and Article X (Local Governmen ti. th e country in the past. Representatives. (sec ArL. X. Section 8. Vice-President. togeth er with th e te rm li mits impose d lik ewisP. Xo~ e that the State is expressly mandated to prohibit "pol i~ ical dynasti es:· Congr e ::. because cflh eir political clout. Sec." It is not uncommon to have most of the top e lective positions in a province (or city l down to the barangays occupied by one family and close relatives of t he fa mily members. . are th e ones who get elected. by the Constitutio·n on elective public officials.~ ha:s no discretion on the matter except merely to spe ll out the meaning and scope of the t erm. and social status. Politicia ns form husband-wife teams. Hence. 8. . get a ppoi n ted to h igh positions in the nalional government. 5. or father-mother. VII. 1: Art. (2) Prohibition of political dynasties. IX·C. Sec.) As n oted above. son -daughter t eams and hold to elective posiLiC'ns for decades. . The dominance of political fa milies in the past not only kept more deserving but poor individuals from running or winning in elections. VI. This topic is discussed under Article VI (Legjslat.1. With his political and economic r esources. economic.The constitutional policy on the prohibition of political dynasties expresses a national commitment to democratize election and appointment to positiuns in the government and eliminate a principal obs tacle t o "equal a ccess to opportunities for public ser vice. it also enabled powerful a nd affluent politicians to corner appointive po~ition s for their relatives and foll ow ers as if th ey alone are gifte d with the ability to serve the country . Art. and local officials) enha nce equal access to political opportunities although they ma y not completely do a way with the evils s pawned by political dynasties that proliferated i. the need for a declaration expressly prohibiting political dynasties. and those who a r A not elected. Senators . 4. Sections 4. Sees.ive D~partment). . 1 (3) Prohibition con stitutionally m andated.Th e law imp lem en ting the constitutional policy shall define what constitutes political dyna3ties . Sec. an elective official can have a close kin or trusted foll ower run for the same position and continue to exercise control through the latter. the membe rs of the political clan . 1 'fhe m ulti-party system (see Art. 4. 6 . h owe ver.J is designed not only to guarantee wider access to opportuni ties for public s cr·vicc but it is also mea nt t o do away with politica l dynasties as en uncia ted in Section 26.7() TEXTBOOK ON THE PH I LIPPT~ E CONSTITCTION Sec. 26 Equal access to opportunities for public service. Addition ally: (1) Limitation of terms of office.The provisions li miting the ter ms of offi ce of elective officials (President. having in mind the evils sought to be e t·adicated an d the! nted to ins ure the widest possible hase for the se lection of elective go\·ernment officials regardless of political.

. (Exec. The PCVF "!'lhall serv<! a!. a~ a mended by Exec.:an cy. and lo ve of country. This perennial problem cannot be solved by mere empty promises and congressional inquiries. but by prosecuting without fear or favor and putting behind bars so-called '"big fishe s'' found to be involved as concrete examples of the government's determin a tion to achieve decency in the public ::.. I . Honesty and integrity in public service.The ful fillment of the constitutional mandate will go a long way in strengthening the 'Exec. .ain their character a:> privat<· citizens withnut government remuner11tion J of th e Cou ncil shall be compo~ cd of lay leaders as invited by the Presidt:mt. Having honest Presidents with the best of intentions is nni enough to reduce corruption to minimal proportion.he Secret. m ~mdi. Order N o. Order No.on . It . evP.hall coordinate with and support n on-go. July 11.ervice.The malady of graft and corruption must he eliminated or at least minin1ized to a tolerable degree because of the staggering amount of public money that has been lost through it. the lead agency by '~hich tho: governmt>nt may work haud-in-hand wi th ~:ivil ~ocie ty 1md the privat. What is needed is moralleadet·ship by example on the part of the top officials in the government and a continuing. The State shall maintain honesty and integrity in the public service And take positive and effective measures against graft and ~o. however. uncompromising.sivity. apathy. To be sure. Order No.AHCVFi with the President as Chairper.rruption.In the Philippines.. creates th~ Prc»idential Commi!!!don on Va lues Formation (PCVF). The popular perception.~ l)li. pa~. the above provision was incorporated in the Constitution because of revelations of "unprecedented magnitude" of graft and corruption allegedly perpetrated by officials in the highe~:.ade. sector in th<! effort to <!r::tdica te from the governnum t hureaucracy.DECLARATION OF PRlNClPLES AND STATE POLICIES State l'olicie~ 71 SEC. Any campaign against this scourge of society will be made more effective if accompanied by a morality cru~:. 27.lmH:nt of a strung foun dation fnr moral value formation in the government burP<HH:racy.·(:rn mcnt. 27 ART. is that this baneful ill has become more rampant and sophisticated through the years. ( 1) The perennial problem of graft and corruption. 2004. 2004). ll. ht-tlderl h. every new administration since the postwar period has made a pledge to eradicate graft and corruption in government. .e sector in Lh<: c:-:t. factionalism and lack of patriotism and to replace the same with honest public s en·ic~.. 317 >June 8. 1 (3) Need for honesty and integrity in public: service.ary of Education !1~ Vice-Chairperson.ry fu. patronage. :l47.t drcle of the government during a previous regime. 314 (April :10.~«m and t. ( 2) Ways to attach problem .\' the l'n~sident as Chairper.Sec." The PCVF is tmnsformed into an Ad Hoc Council on Values Formation .-m or manner of gr11ft and corr uption. pvlitics. The rest of the membership (who shall ret.al nrg:ltlizations i NUO~ i and th e pnvatr. 2004). well-coordinated campaign against all forms of dishonesty and venality in the public service which have considerably slowed down thE: socio-economic progress of our country.

28 people's trust in the government and its leaders. 17. Full disclosure by the State of all its transactions. 12. may prescribe reasonable conditions for the disclosure to guard against improper or unjustified exercise of the right.t/VII. 1). 28. 20. however. 3. (see Art. ( 2) Transactions covered. SEC.>f'1Y'. Section 28 requires the State to make public its transactions without demand from individual citizens. XI. This topic is furth er elaborated under Article XI (Accountability of Public Officers). The law.72 TEXTBOOK ON THE PHILI PPINE CONSTITUTION Sec. VI. . IX. Sees. 16[4~ 2D.e. Sec. Ill.) guarantees the people's right of information on matters of public concern and access to records pertaining to official transactions of the governme nt. . It will also ensure the efficient use of t he meager resources available for national development. (see Art.Ar. Art. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.. Subject to reasonable conditions prescribed by law.The policy covers all State transactions involving public interest. accountable and transparent government. i. 13[par.) The policy of full d iclosure is in line with the constitutional mandate of an open. Sections 1 and 2. Sec. Sees. It s tresses the duty of the State to release the information.--:' !v . On the other h a nd.oOo- . The policy will not apply to records involving the security of the State or which ar'-! confiden· tial in character. 12. -.Section 7 of the Bill of Rights tArt. III. transactions which the people have a right to know particularly those involving expenditures of public funds. 7. D-Sec. Art. (1) Duty of the State.

and (3) S. 1 Its basis is the social importance accorded to the individual in a democratic or republican state. the belief that every human being has intrinsic dignity ~.nd worth which must be respected and safeguarded. pp.Article Ill BILL OF RIGHTS Concept of a bill of rights. 73 . ~Jilll. :3rc. 9-10.tatutG•ry rights. -They are those rights possessed by every citizen without being grantea by the State for they are given to man by God as a human being created to His image so that he may live a happy life. 12. (see Sees. they cannot be modified or taken away by the law-making body. 13. Since they are part of the fundamental law. (2) Constitutional rights. The rights that a citizen of a democratic into: (1) state~enjoys may be classified Natural rights. Examples are the right to receive a minimum wage and the right to adopt a child by an unrelated person. It also awards new rights to the individual.ig}J!Ji_may be defined as a declaration and enumeration of a pcr~nd privileges which the Constitution is designed to protect agamst violations by the government. 18[1]. They are those rights which are provided by laws promulgated by tne law-making body and.Jlir. consequently. The new Constitution incorporates in Article Ill all the basic rights in the former Charter. Examples are the right to life and the right to Jove.l ed. or by an individual or groups of individuals. -They are those rights which are conferred and protected by tne Cot'iStitution. may be abolished by the same body. 8. It is a charter of liberties for the individual and a limitation upon the power of the State. 19. Constitutiona! Law. 'See 1 Cooley 534-535: 3 Black.) Classes of rights. 11.

and the promotion of education (Art. and the right to form associations (Sees. r:it . like the right a gainst unrea'-V<•ra v.) a re likewise civil rights. Sec. 6. 4 a nd (4) Rights of the accused. They include the rights to due process and equal protection (Jf t he laws (Sec.J 1. ).E CONSTITUTION Classification of constitutional rights. and food. 8. (Sec. ([bid. ). 2.>nt of debt or a poll tax (Sec.>i r long sta nding non -ob»ervance may bring about social unrest and political instability.). Sees.. religious freedom t Sec.-ceof private individuals for t he purpose of securing to them the enjoyment of their means of happiness. they partake of the nature of political rights when they are utilized as a means to participate in the government. .. 4.) belong more appropriately under this third category of r ights. ··._ them tne power to participate. 1. . Avclino. Sees. and arts and culture. ) and the right.They are the (civill rights intended for t he protection of a person accused of any crime.. >:and the right again:.. XIIU. The human rights secured hy the Constituti on include social and economic rights not just political and civi I rights .. 5 !: iiberty of abode a nd of changing the same (S('<.t impairment of obligation of a contract . 7. the right of suffrage (Art. op. 10-13. They are also provided in the articles dealing with the promotion of social justice (Art. or of the press.. -They are those rights which the law will enforce at the insta. -They include those rights which are intended to insure the well-being and economic security of the individu~ll.. sholter.f'ra . Sees. The right to property (Sec.pecially amid t he high incidence of po\. 20 . dir ectly or indirectly..). However. 9.) Political and civil rights can have meaning only if co ncrete mt>asures are taken to breathe life and substan ~e t. > They arc as important...They are such rights of the citizens which give :-----. XIV. 2 Among these rights are the right of citiz enship (Art.• il· 378. XII. 11 to 22). (3 ) Social and economic rights. a nd other basic .:. 2. 9. the constitutional rights of the accused I Sees.) F reedom of speech. 1.J. V. of expression. 4 The concept of human rights do:Js not mere ly involve pol itu~i!l concerns but also encom· passes social and economic liberties or what advocates call "positive liberties" such as the right to healt h care. 221. II.ert. ).y in our country. to just compensation for private property taken for public use lSec... ).. education. 51. :>cience and technology (Ibid.74 'T'EXT BOOK ON THE PHILTPPI:-. the conservation and utilization of natural r(~sources (Art.. 77 Phil. a nd in some cases. even mort~ crucial than the other rights as thE. the rights against involuntary servitude (Sec. the right of assembly a nd petition.. the social and economic rights (in. Sees. and the right to information on matters of public concern (Sec.o social and economic rights which include cu ltural rights. IV. if not violant r adical ism or revolutionary conditions. They are as follows: ( 1) Political rights. 5[ 4. in the establishment or administration of the government. 17. 'lMalcolm & Laure l. 18. ).). 10. (see Art.ocial se rvices which require concrete action Rnd measures on the pa rt of the government e.) and imprisonment for non-paymE. 1. 18f 21.s. (2) ()uil 1jgl]J.

and welfare. the individual must yield to the group. It is not an end by itself for the glorification of which the life._t.. p. be staked. consistently with freedom. 10 Rubi vs.a. The doctrines of [gis. when demanded by the neces· sity of promoting the general welfare of society. and public trial.BILL OF RIGHTS 75 sonable search and seizure."' The State in modern times is an instrument to enable both the indi· vidual and society together to attain their greater happiness. the Constitution provides.aiLover. the group to the individual.'. op. or the indispen~ sable means for the attainment of the legitimate aspirations of any demo~ SJose M. '· p. an instrument to promote both individual and social welfare. Government in Actiun '1962 ed. 81. that i11 certain cases.. as an organization. Phil. Provincial Board. degrading. Aruego.Conse· quently. soci~ty . Neither is it a means for the realization of the best life only by the individual for which the group may at all times. the right to presumption of innocence.. . 720. and even by the government itself. . 39 Phil. 660. 11 to 22. bl!L~h9. Williams. the right to a speedy. in some cases. 9 lbid.sez faire and of unrestricted freedom of th!i! individual.. exists to promote the happiness and welfare of both the individual and the group of which he is part. which ilprotected from encroachments whether by individuals or groups of individuals. 39 Phil.) '#The people must be strong enough to maintain its control over the gOvernment and the government must be strong enough to maintain its existence and protect the interests of the people. (3) Role of judiciary .How far.I.The State.y_. be madf..().ART. of the claims of the individual and those. Aruego.~ (2) Conflict between individual rights and group welf'are.s LiberJ. as axioms of economics and political theory.!:!.bJessing wi~ll. or happiness of tl}e individual may in all cases be sacrificed. For the same reason. the government may interfere with these rights and liberties. impartial. ~~t)lorityH because then. 6 Calalang vs. if necessary. (1) State.of the community is the essence. are of the past. and the right against cruel. 70 Phil. cit...L:Whi_cl! Iif~ is a _rn~s~. libe·rty. . State authority and individual freedom. or inhuman punishment. p1·ope1·ty. 9.nce of govern~ ments from the beginning oftime. 9 (see Sec. 660 ~Jose M.. 7 Rubi vs. Provincial Board. progress. 81. III.t11<l not. may the rights and liberties of the individual be subordinated t<t the will of the government is a question which has assailed the very exi:-:tP.) par~ ticularly and directly dealing with these rights are discussed subsequently. The provisions (Sees. 10 The effective balanri:-1!.wilLfalLinto anarchy. It is for this reason that the Constitution creates a domain of individual rights and liberties. . expressly or impliedly.is.LPl'ev. and in other cases.

ion.i1.). 4 Wheat 518. VIII. not contrary to the Con stit ution) or of t he Con ~titution itself. Meaning of due process of law. act as arbiters of the limits of governmen tal powers especially in relation to individual rights . which proceeds upon inquiry. compliance with fair and reasonable methods of procedure prescribed by law. . and (2) afte r . et al. 1155. ultimately the ):iupr~m e Court. e. No person sh all be deprived of life. Jr. But what.!}. a two-fold aspect. 2004 Ed. our courts. 4. namely: (1 ) E_rocedural due process which •·efers to the method or manner by which the law is enforced. There can be no absol ute power whoever exer cis es it. The F undamentals ofTaxat. anc:l hea. Sees. liberty. vs. F or our purpose. PHILIPPINE CONSTITUTION Sec. et al. the r eason being that t he idea expr essed therein is applicable under so many diverse conditions as to make a ny attempt a t precise definition im possible.1_g. and n (2) §. is fair .Q. for t hat. ' De Leon and De Leon.'" An indispensable requisite of this aspect of due process is the requirement of . a procedure "which hears before it condemns . therefore.&~ SECTION 1. not merely the procedures by whfchthe law would be enforced. reason- "Ichong. liberty. to p a raphra~ e Da niel Webster's fam ous d ef~ nition (in his a rgument in the Dartmouth College case. Due process of law has. however. or property by the State is with due process if it is done I J l under the a uthority of a law that is valid (i. requires. in appropriate cases. would be tyranny. liberty. is meant by due process of law'? No exact definition has been given to the expression . a person may be deprived by the State of his life.'t1. 1 cratic society.76 TEXTBOOK ON TH~.tic~ .!!bstantive due process which req uires tha t the law itself. 1 Aspects of due process of law..). or property provided due process of law is obse rved. 26. nor shall any person b e denie d the equal protection of the laws. Under the Constitution. .. r ests primarily this all important duty of balancing the interes ts of the indivi dual and group welfare in the adjudication of disputes that is fai r and just to the parties involved and beneficial to the larger interests of the community or the people as a whole.. yet there can neither be absolute liberty for that would mean license and anarchy. and renders judgment only after trial. 11 On the judiciar·y.r. we can safely say that any deprivation of life.. 101 Phil. or property without due process of law. 5. In the exercise ofth~ power of judicial review (see Art. H ernandez. p.

::. Securitie:o and Exchange Commission. agencies. 921: Lorenza n <~ v. or offices (e.4 notice and hearing may be dispensed with. 37 Phil. . ( b ) Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the proceeding. In other words. which aro empowered to render decisions or judgm ~ nts' in appropriate cases falling under their raspective jurisdictions. . a nd. however. 78 Phil.admifl · . 4 J. In certain proceedings of an a dministrative character .ional Commission!! lsee Art.titut.) is not observed .g. It is sufficient if opportunity is later given to the individual adversely affected to test the validity or propriety of the admini stra ti\'e action on appeal to superior administrative authorities or to the court. robbery). Abad Santos.ie prpceediru:s arc 'hose that are heaTd by bodies. or an officer or employee may be suspended pending an investigation for violation of civil service rules and regulation. the plaintiff h as a lso a right to be given opportunity to he h eard on his claim. ~sec P~ople vs. an offender may be arrested pending the filing of charges. the same is not feasibl e. is not always judiciai proce ss. L-37051. 1 ART.Due process.g. T hus. G<>m.Sac. not only what m ay be done by any governme nt age ncy but also how it may be done should satisfy the requirements of due process in order to. wh.2 . 774.udicial proceedings arc those that are conducted hefurt~ cnur t s of justice. ··make the deprivation valid under the Constitution. 2See B11nco Espaiiol vs. or property for arbitrary reasons or on flimsy grounds. Thus. procedura l due process h as its application in judicial proceedings. . National La bor Relations Commission.For the most part. (c) Opportunity to be heard given the defendant.). lX. liberty. no person shall be deprived of his lifE'. Ill. civil or criminaL It requires: (a) An impartial court clothed by law with a u thority to hear and determine the matter before it.. Cayetano. Pala nca. etc.i. -BILL OF RWH'I'S 77 able. where because of public need or for practical reasons. Aug.) under the Executive Department or by the independen t. 1977. just. .. there is a denia l of procedural due process where an accused has been charged with an offense (e. or both. Procedural due process.g. a nd (d ) Judgment to be rendered after lawful h earing. It is only in a totalita rian state that an individual may be punished for a crime or deprived of the enjoyment of his rights at the pleasure or whim of "one in authority" because the principle of the rule of law (see Int r oduction-B . (1) In judicial proceeding::.ik.. theft) and convicted of anothera (e.Thus.stratil. (2 J J n administrative proceedings. 31. Of course.

liberty. . lllinois. i.. payment of salaries of government officials and employees. 94 U. 40 Pt.Lite.. within the power of the law-making body to enact and is reasonable in its operation. likewise. . infra. 3515. Yick Wo. The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed. v. . due process of law requires that the law in question affecting life. The reason is that tax can be imposed only for a public purpose (e. means something more than mere animal exis tence. including aliens. (see Sec.) There is still a denial of substantive due process even if the law provides for a notice and hear ing in the assessment and collection of the tax. construction of public school buildings. without regard to any differe nce of race. as protected by due process of law. etc. Hopkins. ~smith 6See Bell & Cn. Natividad..) Persons protected . are persons wi thin the scope of the guarantee in so far as their . (2) Likew)se. Thus. one may enjoy the liberty of speech. promotion of science. 1 Substantive due process.78 TEXTBOOK ON THB PHI LIPPINE C:ONSTITl !TI ON Sec. (1) Thus. imprisonment). (see Preamble .g. a tax which is imposed for a private purpose constitutes a taking of property without due process as it is beyond th~ authority of the legislature to levy.tJ'. act accor ding to one's will. 9. color. Viewed in its substantive aspect.. denotes not merely freedom from physical restuint (e. 13a.).il. or nationality. It also embraces the right of man to use his fac ulties with which he has been endowed by his Creator subject only to the limitation that he does not violate the law or the rights of others . The term "person" in the above constitutional provision embraces a ll persons within the territorial jurisdiction of the Philippines.g. 137. Lib.5 But not municipal corporations (local governments) as they are mere cr eatures of the S t ate .. ~Private corporations. or to defame a nother.S. as protected by due process of law.. v !. the taking of property for private use or without payment of just compensation offends substantive due process.e. but he could not use it to urge the overthrow of the government.fi Meaning of life..property is concerned .er. 18 U.S . Liberty is not license or unlimited freedom to. 1 Meaning of liberty. or property be a valid law. 'Munn vs.

it is not necessary that aftrson be detained or confined. 12. lli. It refers not merely to the extinction of human existence It include$ the loss of any of the various physical and mental attributes (e. there is dP. To be sure. Equal protection of the laws !:iigni5es that "all per~on s subject to legislation shoukl be treated' aliki. l. etc. limbs. power of reproduction. XII. . . 17.•here the value of an exclusive franchise (see Art. liberty. 22 Phil. II . Art. brain. It includes the right to own. -To constitute deprivation of liberty. To the extent that one is unduly prevented from acting the way he wishes to do..onstitutional Law. .. Sec. may refer to the thing itsetf or to the right over a thing. Sees. it is not Mcessary that it.g. as where carriers are required to furnish free transportation of persons or goods under certain circumstances. Sec.~ What c·onstitutes deprivation .BILL OF RIGHTS 79 Meaning of property. has reference more to th(l rights over the thing. transmit and even to dcstt·oy. III. or property without due proce~s oflaw. 411. Constitutional Law.w _ "' -. (2) Deprivation of' liberty. ----.. as protected by due process of law.Set·. '~'1 Cooley 824-825.-lffere is also deprivation.·s. ProP. and lb: An. Sec. 3. a law which requires every parent to send their children only to public schools is unconstitutional as an unreasonable restriction on the tiberty of parents to direct the education of their children under their control.··:: pp. Sees.. supra. !vlanila Railroad. 4.) which man must have to live as a human being. oyes. Phil. T~. r. Thus. to public use without compensation. -----. or \•._ _~_ What the Constitution prohibits is the deprivation of life. 9.§rty. (see Art.(• Meaning of equal protection of the laws. ~see Malcolm. Such a law deprives the parents of their liberty without due process oflaw. XIII. For example.norio . 324-:l:<>:577-575. or its capability for enjoyment is impaired. and 9 which. subject to the right of the State and of other perso ns. however.privation of property without due process of law where the O\': ncr is constrained to devote it. 3rd cd. pp.-.With reference to property. . use. there is a diminution ofliberty. The constitutional provision. •____. when its value is destroyed or its adaptability to some particular use. XJI. see Art. some people would prefer death to living without eyesight or as a bedridden invalid.) (3) Deprivation of property.) is destroyed by government competition. wholly or in part. Liberty need not be lost in its entirety. 1 ART. be physically taken away from one entitled to it. ~Black. under like circum stances and conditions both \n t he privileges conferred and liabilities imposed . 11. ( 1 ) Depr~uation nf life. among other~> constitutionally limit the right to su bstan~ivc due proce:i<!> in property.

(2) certain professions (e.. t here is no denial of the protection where under the law (1 ) foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations. 442 (Labor Code of th e Philippines I. is a restraint on all the organs of the government and :3 Willoughby 1937.~a. PlOO.A.80 'l'EXTBOOK ON T HE PHILIPPINE CONSTITUTION Sec. 1 ~Pres. What it prohibits is class legislation. Thus. which discriminates against some and favors others whe n both are similarly !'iituated or circumstanced. 1~ di ff~re nt amounts. Both guarantees provide for broad standards of fairness but where th~ arbitrary gov<!rnmental action takes the form of un warranted partia lity or undue favoritism. a law imposing professional tax of PlOO on lawyer s (or any profession) residing in Manila and P75 on lawyers residing outside Metro Manila is within the prohibition as it is patently discriminatory and unreasonable. i:JCo Chiong vs.atibitrary or capricious.g. Ha Phil. 16lo many cases. not . No. 7160 (Local Government Code}. l : 2 12 1 . 14 and (6) employment in factories of children under designated ages is pro- Scope of the guarantee. for example.OOO) are taxed at the same amount. as amended. since they are still "similarly situated.reasonable. Where there arc reasonable grounds for so doing. Cuadcrno.g.. 1 'Se ~ R. Indeed. Am ." their places of residence being totally irrelevant to the amount of tax that Hhould be paid. Decree No. (3) certai n privileges for leaves and shorter hours of labor extended to women (by reason of the physical structure a nd maternal function s of women) a re not extended to men. Sections 139. 242. 1a (5) different professions are taxed at hibited. 1 The gua·rantee does not require that persons or things different in fact be treated in law as though they were the same. Article 13. persons or their properties may be grouped into classes to each of which special legal rights or liabil ities may be attached. •Tur. inequality will result if the law will treat them alike as when different net incomes (e. 11 No violation is committed as long as the classification is .ice L'er. (1) The prohibiti on contain ed in the guarantee of equal protection (and due process of law Jtr.o been held All denying equal protection ofthc laws or r. su mo \vrestling) are limited to persons of t he male sex . Reasonable classification permitted. 12 (4) preference is l{iven to Fj]ipino citizens las against aliens) in the lea se of public market stalls. laws which have been held invalid as denying due process oflaw have ah. I see 3 Willoughby 1929. Thus.OOO and PlO. 151. it is more appropriate to impugn such act on the ground of denial of equal protecti()n. 177-178.

) (2) The guarantee is available to a11 persons.g.. to citizens as well as aliens in the Philippines. While all persons are equal in worth.. so are pl'ivate corporations in so far as their property is concerned.e Phil!pptnt~s. righis..~. Sec. . right to vote) tO such classes of i tl'l citizens as it may see fi t.-u~r.e. (1) A search warrant is an order in writing. 17 1 ~S mith People vs. Sec.itiC~ The State is not prevented from restricting the enjoyment of political privileges (e. the written order is called.qnt o{arrept. they are not equal in all things. (see Art. Corporations are also entitled to the protection. (3) ILdoes.mU.. rurt. 136. 110 Phil. whether accused of crime or not. and on the t hree inherent powers of governments. Natividad. Meaning of search warrant and warrant of arrest.. i. . being a creature of the State. papers. The right of t h e people to be secure in their persons. police power. 2 Scope of the protection.w.. XIII.. and (4 ) It is also not intended to enforce social equality.o.Sec.1 (2) If the command is to arrest a person designated. and no search w arrant or warrant of arrest shall issue exce pt upon probable cause to be determined p er sonally by the judge after examination under oath or affirmation of the complainant and the witnesses be may produce. signed by a judge and directed to a ·peace officer. houses. Vera. and effects against unreasonable searches and seizures of whatever nature and for any purpose shaH be inviolable. commanding him to s earch for certain person al property and bring it M ore t he court. ¥ See Ibid. i. 1. Aliens are thus includPd.. 1.. a nd particularly describing the place to be searched and the p ersons or things to be seized.BILL OF RIGHTS 81 on the subordinate instrumentalities and subdivisions thereof.I:.hich J'l. cannot invoke the protection.) 1 See Rules of Court. and eminent domain. III. - ( 1) . 56. -The protection applies to everybody. 18 But r. issued in t h e name of t_he People ofth. Rule 113._ exteruLt.) SEC. 2 ART. Rule 126.e.. taxation. Sec..?ersons. 17 (infra. 2. 65 Phil.n_ unicipal corporations. Bell v!:l. 1. (see 3 Willoughby \929. to take him into custody in order that h e may be bound to answer for the commission of an offense..

April 30. e. J.t cr .The protection is not limited co dwelling houses but extends to a garage.. (C•1stro vs. s hop. and the persons or things to be seized. and one made under a search warrant is not necessarily legal.latntes. more tha n one o ff~nse could arise from the activ ity designated. A sea rch or seizure ma de without a search warrant is not necessarily illegal . . ""Requisites for valid search warrant or warrant of arrest.. 7 56 c . office.nt fur more than one :specific offe nse. 2 (2) Houses.fi (3) Such determinatio n of the exjstenct.) 3 . and · (4) The warrant must partit:ula rly describE. 727...e:-mine per.f probable cause must he macte after examination by the judge of the com p!ai na nt and the witnessr>s he may produce.. L-281i42. Rule 126. 1166. 205 U. all). . The law prohibits the issuance of a seal'ch warrc. and even a sa fety deposit vault. however.They include sealed letters and packages in the mail which may be opened and examin ed only in pursuance of a valid search warrant.a It does not extend.Only the judge C!lll validly determine the existence of probable cause for the issuance of a war ran t of a rrest or search warrant and he must $0 det. sec Sec.Un ited States. all illegal ~earches a nd seizures are unreasonable while lawful ones are r easonable. P. only courts are empowered to r ule upon).S.S. warehouse. (~l The probable cause must be determ ined per!'lonally by th e judge himself.lan.onally. What constitutes a reasonablf! or unreasonable search or s~ izure in any particular case is a _purel~icial question (i. ' He::. 1976. to the open spaces and fi~ld. determinable from a consideration of the circumstances involved.c. N't~cessarily' t hen. 57. In general.TEXTBOOK ON THE PHILIPPINI<~ CONSTTTUTION Soc. 96 U.lba.:> When search and seizure unreasonable.th e place to be :::earched. 3.. '. . They are: q) lt must be issued upon probable cau ~e. store. Sec. 7 Rules (If Court. '•Ex Parte Johnson. 4 (3) Papers and effect. Such a s for "illegal traffic of narcotics and contraband'' which is a generic tf'rm covering all f{Oods exported from or imported into the country contrary to a pplicable f.~ belonging to one.

lower than prima facie. violating a given provision of our criminal laws . Accordingly. a wa rrant of arrest for the apprehension of an unnamed party upon whom it is to be served is void except. (see S€c.() SCRA :383. or committed specif'ic omissions. Thus. 129 SCRA :l7J. .11 Sufficiency of description. 141. 64 Phil. Stonehill vs. Diokno. or on mere hearsay . CFI.. in those cases where it contains a description of the person or such as will enable the officer to identify the accused. ~fa. 1 ~Peoplc vs.ART.12 (2) Person. ?. 66 Phil. his affidavit was considered sufficient for he could be liable for perjury if the facts turned out to be not as stated under oath. Sec. Thi~ degree of proof i>. Art. vs. he knew that the accused was lending money without a license. ~La Chemise Lacoste If>'. June 19. U. 48 Phil. ~ 'Alvarez vs. 169. XVlll. 10 'fhe affidavit is . in a case where the search warrant stated that John Doe (used when the name of the person is unknown ) had gambling apparat u s in his possession in the building occu- "Al va rez vs.A description ofthe place to be searched is sufficient if th e officer with a s earch warrant can. is a sufficient designation of th e premises to be searched . . I )'he true test of suffi ciency of an affidavit to warrant issuance of a settrch warrant is whether it had been'drawn in such manner that perjury could be charged thereon and affiant be held liable for damages caused. -As a rule.) l"Yec Sue Koy vs. 33.:. Thus. Manila . 3:3.El~e. a nd was keeping and using books of accounts and records rela tive to h is activities as money lender. the affiant made his own personal inves tigation.BILL OF RIGHTS 8 :~ Meaning of probable cause. based. cha r ging us urious r ates of in ter est .insufficient if it is based on mere information and belief. 2. 123 Rizal Avenue. By probah~ Cf4M~Ke is meant such facts and circumstances antecedent to the issuance of a warrant sufficie nt in themselves to induce a cautious man to rely upon them and act in pursuance thereof. Veloso. par. ascertain a nd identify the place intended. (1 ) . Addison.S ._. III. where it was shown that in the application sworn to. . 14[2]. 8 It·presupposes the introduction of competent proof that the party against whom a warrant is sought to be issued has performed particular acts.· :21. 70 Phil. 26. 2H PhiL :36o. CFI. Almeda. FernAnde:. 1967." Sufficiency of affidavit upon which warrant is. 1984 . with reasonable effort . it has been held that the description of the building to be searched as "building No. and testified that at his own knowledge .

The description of t he property is required to be specific only in so far as the circumstances will ordinarily allow. either expressly or implied1y. of premi ses searched ~ann.'J.. no public official has the right to enter tht~ premises of a n oth er without his con sent for t he purpose of sean:h and .hc thi ng:.: bee n held that th e requiRite ao. 20 SCRA a8:~ . It is a general warrant because it do~ s not particularly describe the things to be seized. receipts. Diokno. :~RI) '·\Stonehill v.o a panir1tlar desc rip tion () { t. the description mul::lt be rath et:··general. charging <1 usurio us rate of interest. charts and other pap ~~rs used by him in connection \Vith his acti vities as money lender . L·2HH·12. personal. x ~ x andior typewriters ::. Con6equently. . ' '1Lopwl . in a case. -. balance sheets and related profits and loss s tatements" was held invalid as it authorized the seizure of records pertaining to all busin. the police could identify John Doe as Jose M . l-1 But: a search warrant which d escribed the effects to be searched a s "fin ancia l records. t. April 30. tn. vouchers. Thus .)t rais e t he question whether thf~re has been an unlawful search or seizure.howing all busin ess transactions including disbursemen ts.!:!d wa. It ha. 1975. 1:1 (3) Property. Dec.. People vs. which he did. . lists. :35.ucd for ·'!lar coti c!i a nd othnr w n traha nd" liS they may comprehend any personal property .. Right against unreasonable search and seizure. . the dc::. receipts. City of Manila and as this John Doe was . 17 • 1/. " Alvarez v~ C f.Jose M. 1o·. le s~cc or Ia wfu1 occupant.cription "that there are being kept in said premisc~s hooks. not co mplied with hy a search warr ant is:.reasonable a nd thus offensive to the Constit.v him at J 24 Calle Arzohi spo. that a sea rch or seizure cann()t be considered as u n. be sc iJ.~. Conun. Ju ne HJ.. Rubio. It.ion if consent be shown . it is no t r equi red that a technical description be given as thiR would mean no search warrant could issue. . 1967. 19 76 . Veloso without diffi culty. '"Sci' 47 Am . ii<E:'t• Ca!ilro ''·'· P ah al. the manager of the club.. Ve loso. 64 Phil. 57 Phil.F or this im munity from unwarranted intrus ion i!' a per so nal right which may be waived. in violation of the law" was con ~idered s ufficient becau se the omcer of the law who executed the wanant was thereby placed in n poRition en abling him to identify the articles.n.·s. (l i Thl:' legality of a scMch and seizure co n be contested only by the party whose pt-~ )·sonal rights wey·e involved.1" (2) Without a prope1· search warrant (see requisites). It has been held t hat where by th8 natme 1>f thE:! property to be seized. does not admit of doubt. therefore.nt..es. 50B. tran sactions of the persons n a med r egardless of whether the t ransactions Wf!re legal or illegal.id.l. 2 pied b. l>f Cu!'-t<Hns. one who is not the owner. •Tnr.84 Tl<~XTHOOK ON THE PHILIPPINE CONSTITUTION Sec. L·27968.eizure.

s disclosed to plain view or is open to eye and hand. 9.l 9 / (3) In the case of contraband or forfeited goods being transported oy ship. Palacio. Rule ll a. 111.20 (4-( Where. Alvaro vs.n. or has escaped while being transferred from one confinement to another. 63 Phil.) such as inspection of restaurants by health officers.~ ~!!n. without a search.I:!Lw~rranJ~ In the following instances: (1? Where there is consent or waiver.. is actua lly committing. or is attempting to commit.Sec. Quina. knife) of the crime shall also be lawful although done without a search wa~rantJ!_!Li. where the officer m aking it has reasonable cause for believing that the latter cont ains th em. 2d 648. Rules of Court.~l ma_y: be made without warrant. gun.may be mi!_f1. Blait·. 24 The accompanying search and seizure of the effect s (e. an offense.~n~t~~!~!J.g. and (3{ When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. 5. Malasugui. 513-515. a wanant. 2 ~See 47 Am. 62. supervision and regulation in the exercise of police power (see Sec. or other vehicle . ~2) 16 19 People vs. A peace officer or priva te person .~. 837. without. in view of the difficulty attendant to securing a search warrant. of factories by labor inspectors.e.g. 80 l'hil.. 21 (5)' As an incident of ins pection. 2 ART . 48 F.BILL OF RIGHTS 85 ~~-~!U~~~!~. . Jur.22 and (6) Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws.. automobile..Q. 18 (2') Where search is an incid ent to a lawful arrest. The same thing may be said of inspection of books of accounts by revenue cxaminers. 23 \!h. Dizon.t. the person to he arrested has committed.1 agon<'ia vs.E. wr. stolen goods) or instruments (e. the possession of ar ticles prohibited by law i. 770.r.n ar!.. arrest a person: U) When. Rule 11 3. Sec. 97 S. 22See Can don vs. in his presence. ~'Rules of Court. 223.j~~Q incident to _ajawfuLarrest. When an offens e has in fact just been committed and he has personal knowledge of facts indicating t hat t he person to be a rrested has committed it. 2 'State vs. etc.may.. 76 Phil.

iit{ra. 127. Taiiada and Fernando.J!!:Y. 925.tate and which he does not lose or surrender by becoming a member of organized society. Th~ r. p. op.. (see Sec. p. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. privacy complements or implements the security of the citizen against unreasonable searches and seizures. cit. It has its foundation in the belief in a person's inherent right to enjoy his private life without having incidents relative thereto made public against his will. 9. 2 . Political Social Problems {19a8). or when public safety or order requires otherwise as prescribed by law. vs. 4 'See 41 Am. The right has been equated with the right to live as one chooses under the law free from interference in the pursuit of one's choice.into such communication and correspondence2subject to the ever pervading police power ofthe State. 3 Relationship with right against unreasonable searches and seizures. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. Meaning of right of privacy. 3. ( 1) The right to privacy is considered as belonging to that class of rights which every human being possesses in his natural f. has also been defined as the right of a person to be free from undesired publicity. 3 SEC. there is an express recognition that persons may communicate and correspond with each other without the State having a right to . 260. Inc. (2) By the above constitutional provision. 84 Phil. The right is but an aspect of the right to be secure in one's person.. •Material Distributors. 1 Basis and purpose of the provision. or disclosure and as the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. Jur. their privacy may be eventually violated and great harm inflicted upon the citizen as a result. It . Natividad. 3 Laurcl.86 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser. 59.) Letters and messages are usually carried by the agencies of the government and unless adequate safeguards are provided for.g~ is concisely defined as the right to be left alone. The constitutional provision on the right of.tghJ g[priJJ..

!. Thus. do not. The judicial process is slow.. 277 U . or (. 9. 3 ART.Sec. 778. etc. 438.. and such ot. is that its exclusion i~ the only practical way of enforcing the constitutional guarantees.. •A device with a receiver so d elicate that when placed agai n:<l a J)llrtilion wa ll it could pick up !>Ound wave:.) The second limitation means that the right is subject to the police power of the State (see Sec..Any evidence obtd'ined in violation of the right against unreasonable search and seizure and the right to privacy of communication and correspondence is i~admissible for any purpose in any proceeding (Sec.ble. "lf-ior. 316 U. there is no taking or seizure of tangible and material objects. --The reason for the inadmissibility of evidence competent as such. (2) B~asq_n. ).S . 9 t"umitations on the right. his person. ITT. telephone. 10 !. houses.. 4200 (. . •Katz vs. However. L-19550. 29. U.Iw1imissi.. a47. 1967.ll ·' See Olmstead vs.w.g.fully acquired.). Lukban v.. radio. Thus. judicial or administrative. 11 Se~ St. . prescribed by law. 1965. (1) l.) while the latter is directed primarily against search oftangi. The action tor damages against the erring officers.2') When public safety or order requires otherwise at. 4[2).nla. 389 U.S.. U. always afford sufficient protection against their violation .hcr remedies as may be provided by law . 7 The evidence is taken only through the sense of he aring. . which has been u.BILL OF RIGHTS It has specific reference to forms of communication <e. 39 Phi.Y.!~~. The right is not violated when the interference is made: (_1) Upon lawful order of the court. originating in another room.) pcnaliz~).) The first limitation mu!:lt be interpreted in the light of the requirements for the issuance of a search warrant. the exercise of the pow('r by an executive officer without court order is subject to judicial review where the existence of the limitation is being questioned by an aggrieved party. the "objectionable" materials may already be causing damage that could easily have been averted otherwise.Sec Goldman vs. their criminal punishment. (supra. papers. or effects. Villavicencio.S. (Sec. Jnne 19.S.S.onehill vs. 3[1].Tun~:~ 19. Diokno. and in this case. the intervention of the court is not essential.ble.n~~ !!J~g~lly_Q~taineQ. it is violative of the guarantee given by the privacy provision to admit evidence obtained by tapping of the telephone wires.. while the judge is contemplating his decision. U. wirt~·tapping nnd other related violations of the privacy of <'ommunication.~ But the technique employed likewise constitutes ''search and seizure" under Section 2. 6 Here. •Republic Ad !\"o. 5 or through the use of a detectaphone. . material objects.S.

. etc. not on ly is l:is own moral and intelle-:tual development stifled but his fellowmen are deprived of the benefit and stimulation which he might impart to them. . leaflets. -If man is not free to communicate his ideas to others. Importance of the guarantee. and "press. of expression. (2) The "press" covers e. the right to form associations or societies not contrary to law. They cover picketing for by it one silently expresses what he has in mind. handbills. The constitutional guarantee of freedom of expression includes the specific guarantees of free speech and free press. and of the press." "expression". No law s hall be passed abridging the freedom of speech. Scope of terms "speech. display of a flag. and salute to the flag. or injure someone's character.·ery sort of publications: newspapers. Radio and television as instruments of mass communication may also be included within this term. the search for truth and perfection is impeded. unlicensed firearms . It also includes the right to circulate what is published. 4. implies the right to fre ely utter and publish whatever one pleases without previous restraint. the government. magazines. Scope of freedom of expression. And unless individuals are at liberty to discuss the various issues that confront the community. Meaning of freedom of speech. 4 ( ~~ ) Right of owner. etc . reputation or business." ( 1) "Speech" and "expression'' include any form of oral utterances . the owner has a right that the articles seized be return!!_d. books. the rights of assembly and petition. and of the press.88 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. (1) Promotes growth ol the indiuidual and the nation . SEC. unless they are in themselves prohibited or forbidden by law such as illegal drugs. The constitutional freedom of speech and expression. or the right of the people peaceably to assemble and petition the government for redress of grievances. periodicals. and the whole web of social relationships. otherwise known as the freedom of expression. of expression. and the right to religious freedom.Since evidence obtained illega lly is not admissible. or of the press. and to be protecte d against any responsibility for so doing as long as it does not violate the law . They also embrace expression by means of motion picture.

:3fi:i . a nd Fernando. cit. Abridgment of freedom of speeCh and of the press.e. public opinion must be enlightened.t.. and (c) to scrutinize the policies and plans of the government.. depends upon the n ature of t he interest t hreatened. referenda.. Oregon. Seditious speeches are also outside the protection of the Constitution . The right of freedo m of speech and of the press is essential to the preservation and operation of a stable demO<:racy. initiatives . 313. Were the right to free speech absolute. .c. 299 U. "No one can doubt the importance of the right: (a) to canvass the acts of public men and the tendency of public measur es. 2 . This is known as "the clear and ll..M Sec. and this power may be exercised under the police power of the State to promote or protect the public welfa re . 16:1-164 Taiiadll. pp. nay. plebiscites and elections) as well as in national development. As such . recalls . citing Story . It is always subject to some regulation by the State in order that it m ay not be injurious to the r ight of the community or society. political vigilance must be encouraged. . it must be nurtured and protected by t.entdang~r. Freedom of expression not absolute.lGHTS 89 Freedom of express ion is. . therefore..:'' How substantial the danger must be and ·trnmediate the evil results.i ue and popular governmen t. 1 Without the right. op.\~§.rlll~.. Any one who s landers or libels another may be penalized.3 The people must be able to voice their sentiments and aspirations so that they may become active particip a nts in the political process (i. One has no right to stand up in a crowded theater and yell "fire" merely to see the confusion and possible panic that will result. public discussions .c.. If we would preserve [this right]. an inalienable human right that flows from t he very nature of man. u res a respon. Furthermore.S." 2 (3) In." words that by their very utterance injur e a nd provoke others to attack.BILL OF H. 4 ART. however.. 'Schmandt and Steinhicker. the full and proper growth of the individual.. "lewd and obscene" speech is not entitled to constitutional protection nor are "fighting words. (b) to censure boldly th e conduct of rulers. (2) Makes possible. scrutiny of acts and conduct of public officials. III.he State. can be justified only where there exists substantial danger that the speech will likely lead to an evil the government has a right to prevent. but even this right is n ot absolute at a ll times and under all circumstances. The abridgment of tb~ liberty. 3 Do J onge vs. the nation is invariably stunted. he ca nnot be prosecuted for he would only be exercising his freed om of speech.It is only through free debate and free exchange of ideas that a government r~mains responsive to the will of the people and peaceful change is effected. p.

o meet peaceably for consultation in respect to public affairs. the utterances may not be punishable.8 As in the case of fret:'dom of speech and of the press. Petitioners may app .. 4 But where the seditious words do not pose a clear and present danger t.iedion must be accompanied hy a written explanaticn. the rights of assembly and petition include at the very least.peti.Assombly Act.880. 4 For example. 6 Relationship with freedom of speech and of the press. m speech even when the danger is remote. A mayor has 48 hour:. p.J>Sfa_n_Q(y moans the righ t on the part of the citizens t.P. ' Ibid.~r 1. <B.. without fear of penalty.t of_q. for thl'ir exercise except that it may be restrained or interfered with when thf·re is a clear and pre~ent danger of a substantive evil that the State or go\·ernment has a right to prevent under jts police power.al the matt. 5 (2) The right. even though the likelihood of such an overthr ow is remote. The interest in preserving our gover nment against violent overthrmv is more substant ia l t.' All these rights while not id en t ical. 121. Meaning of right of assembly and right of petition. . to makf! tht deeision.o the State as when they were uttered before a group of old men and women. persons di stributing handbill s announcing a public m eeting may not be denied the rig~t to do so merely because there is a clear and present danger that the streets will become cJuttered. 9. of_. to the appropriate branch or office of the government for redress of grievances.E CONSTITUTION Sec. Every re. (1 ) The.. whereas the latter docs not justify restriction even when the danger is immediate. nJ.•Tur. immunity from previous restraint and against any subsequent punishment. ~United ~hatE:'s vs. On the other hand. a conspiratorial group may be punished for publicly advocating violent overthrow of the government. Bu!\tfls. are cognate a nd inseparabl e.90 TEXTBOOK ON THF. t379-68(l. r. l:nderslanding th~ ConAilution. ' 16 Am .11 the l'Ottrts.igh. The former justifies restrictions :: .ti. PHTLIPPJN. (see Sec.fm means t he r ight of a ny person or group of persons to apply. but the interest in clean streets does not justify suppression of spee<:h. which have :24 hours to decide it. The right to assemble and the right to petition are necessary consequences of our republican institution and the complement of the right of fr ee speech. 5 Th~ Public . A town or city has the right to keep its streets clean.1 "'S('e Corwin and Pel1a:::on. 37 Phil. Blg.han that in keeping streets clean.) defines guidtlint•s whereby local officials may grant pct'mits for ralli<:s. A city rn· town rnayior can approve or o "l•j('ct a petition to hold a rally three days befoye it is scheduled.

:ial to follow in deciding whether to grant or use s uch a permit.o.. B~ligt. and to the obligations they impose of reverence to His being and character and of obedience to His will." It has 1·eference to one's views of his relations to his Creator .(). and 0 See Primicias vs. Under our democratic society.) The s eparation of Church and State secured in the fi r st sentence of t ha·provision. No law shall b e made respecting an establishment of religion. civil or ecclesiastical.n. 201. 648.S. SO Phil. religious freedom namely: ha~ two aspects. is a violation of the right of assembly. As guaranteed by the Constitution. 1 It forbids restriction by law or regulation of freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose. Meaning of religious freedom. III. 5. shall forever be allowed.2 Meaning of religion. or meetings. and to entertain such religious views as appeal to his individual conscience. No religious test shall be required for the exercise of civil or political rights. The constitutional guarantee of religious freedom is the right of a man to worship God.Sec. Fugoso. includes all forms of belief in th e existence of superior beings exercising power over human beings and impoB ing rules of conduct with future state of rewards or punishments. without discrimination or preference. 2~6. Connecticut. . 310 U.. 5 ART. 2 116 Am. without dictation or interfer ence by any person or power. Cantwell vs. or prohibiting the free exercise thereof. ~Ibid. Ruiz. !_. Jur. no such unlimited and unregulated power may be validly granted. 71. parades. ._ in its broadest sense. 9 SEC.BILL OF RIGHTS 91 It has been held that any !'ltatute or ordinance authorizing an administrative official at his own di1u:retion to grant or refuse a permit for the use of streets and other public places for processions... 64 Phil. there being no standards required of said offi<. The free exercise and enjoyment of religious profession and wot·ship. •Aglipay vs. 4 Aspects of religious freedom.

It cannot inquire into the truth or vahdity of a religious doctrine. iiot. no one has a right t o refuse to defe nd the country in time ofwar. t h at it is violative of r eligious fr eedom to compel one to salutfl the flag.. ..· I t has been held . .} . Conduct remains subject to r egulation and even prohibition for t he protection of s ociety.. mora ls. 96. or to practice polygamy.Q qct in accordance u:ith such belief -The r ight to act in accordance with one's belie{ is.devotil:m'' to an image or idol which a re contrary to h is religion.r§." Freedom of religious profession and worship. and ·cannoCb'e_. A state may not com pel a religious belief n or deny a ny person any right or pri vilege because of his beliefs or lack of them. Aug . Di 'ision Superintendent of Schools of Cebu. The theory is that a religious belief by itself cannot in a ny degree affect public interest. 296. sing the national anthem and recite the patriotic pledge. absolute. The right to believe a nd to worship would be incomplete without the constitutional right to sh ate one's views with othen and to seek to win them to one's faith .ip" or "religious . Connecti cut. :t'hus. ·-·. or violative of the criminall~w . ..S.. 7 Dissemination of religious beliefs. by giving analysis of contra ry views a nd by solicitation of finan cial assistance in carrying the truth to others.92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. •See People .. however . 3 10 U.) which declares t hat "the separation of Church and State shall be inviolable. 22.-s.m to . .eedam J.} purpose u s ing prayer and such religious rites as a curative agency. or general welfare of society.h. ' Ebralinag . p. P ersons may resort to prayers for the healing of the sick but this religious right may not be fraudulently used as a cloak to e ngage in heali ng for commerci$1. 219 SCRA 256 (1993 ).. 590.. 1947. The first aspect is discussed under Article II.3. (CAl 44 O.Yl.Car.G. The con stitution al guarantee of the free exercise and enjoyment of r eligiou s profession and worship carries with it the right to disseminate r eligiou:s beliefs and information.to refuse to pay taxes. 6 . . in the second sentence of the provision.P.. Dit>l. when these a re considered as " ru:ts . namely: (1) EI:u. during a flag cere mony on pain of being dismissed from one's job or of being expelled from school. and (2) F. o-r to invade the right of othe rs even in the name of religion.r.twe:l .Everyone has absolute right to believe whatever h e wishes..' sSee.belieqe in a religion. 5 (2) The fr eedom of religious profession and wor ship .---·.. hc~th..s Religion may not be used to justify action or refus al to act inconsistent with the public safety. Section 6 (sup ra.Cooley.do.af. It bas two aspects.

supra. 386. City of Maniln. The imposition oflicense or permit fees on the sale or peddling by a religious organization of religious literature and other materials from house to house.'' I Sec. Secretary of Finance. however . with discretionary power to grant or withhold pe1·mits for distribution of religious publication would be abridging freedom of religion (and of the press.BILL OF RIGHTS 93 Any restraint on the right to disseminate religious ideas and information can only be justified (like other restraints on free dom of expression. and the fact that the activity is conducted by a religious sect is only incidental. does not restrain in advance the exercise of religious freedom . : ~ It is generally applicable to all. unlike a license fee.::nnsylvania. lll. and of speech). be imposed as a condition for the exercise of the sect's right under the Constitution. 319 . when a pplied to a r eligious sect. 80 SCRA 330 •19771. ' 2 Murdock vs. 105.l:J. would. conducted not for purpose of profit. City of Manila. 9 To provide public officials.11 The right to peddle religious information is similar to the right of the priest or minister to preach a sermon in his church. National Labor Union. prohibit imposing a tax on the sale of religious materials by a religious organization. 5 ART. would impair t he constitutional guarantee of the free exercise and enjoyment or religious profession and worship.. and imposed after t he activity taxed is completed.) on the ground that there is a clear a nd present danger of any substantive evil (e. A~. "American Bible Society vs. 101 P hil.g.ion. P. 54 SC'AD 6il .U. 13 (2) Imposition of financial burden after exercise of right. The Constitution expressly provides that "no religious test shall be r equired fo r the exercise of civil or political rights. disruption of public peace) which the State has the right to prevent. 5. Anuccnsion vs. . for instance. (1) Permission or condition for exercise of right. in Section 5.S. . Religious test prohibited.10 License fee or tax on sale of religious articles. in effect.~pJ~iblt_.) 9 10 vs. '"Tolentino vs.aciety "ibid. 235 SCRA 630 (1994).The Constitut. does not. 12 As a license fee is fixe d in amount and has nothing to do with the r eceipts or income of the taxpayer.r_i. .Sec. -The right of a person to believe carries with it the right to disseminate his beliefs. supra.c. Any infringement of religious freedom may be justified only to the smallest extent necessary to avoid grave danger to public welfare and security. such fee . Such tax.

laws prescribing the qualifica tion of public officials or employees.94 TEXTBOOK 0:-.~l?. The phrases "~~ept l!P. 1 .-. 1 limitations on the right... Without s uch pr ohibition.9ll~a~ful order of t he cou_rt" a nd "~~~.l191ie . The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful orde r of the court. Thus. 6..J THE PIIILIPPINE CONSTITUTION Sec.Salonga vs. or public health.andard1. the commitment of mentally der anged p2rsons to a mental institution. or of voters. subjecft'i:rthe domina nt police power (see Sec. whether appointive or elective. 151. or public health as may be provided by law. T he liberty of ~t. by the clauses "except upon lawful or der of the court" a nd "except in the interest of nationa l security. without such a bar. 9. public safety.est is one demanding the avowal or r epudiation of certain re iigious beliefs before the performance of a ny act. :The right is qualified.l riglt_(c. Her mo!Sa.16 SEC. Reason a nd the common good manda te that p ublic officials a nd employee~.-~~e_!:y. 97 SCRA 121 (1980).Corwin.. the lawmaking body may by law provide for the observance of curfew hou rs in ti me of war or national e mergency. Ferna ndo.t.wsi_f:. { 2 ) The e~p:r~~13ion civil ar p qf:Uicq. however .t.UJtl.t. 6 (1) A religious t. in other words.J. The right now in cludes the right t o travel. . P. (s upra.) of t he State. 283.Ql!_c__ p _ealth" means. The State. "1'a nada vs. ) The 193 5 Constitution tipeaks only of the liberty of abode. T he reason for the provision is easy to understand. may n ot contain r equirements of religiout-1 beliefs. notwithstanding the doctrine of its separation from the Church. p.) is to be understood as includi ng the individual rights safeguarded by the Constitution a n d statutory laws. the confinement of . Meaning of liberty :. could in fact a ccord prefe rence to a r eligious orga nization . is the right of a person to have h is home in wh a tever pl ace chosen by him a nd thereafter to change it a t will . Neither shall the right to travel be impaired e xcept in the interest of national security. 15 Thus.£1. and t o go where he pleases." (Sec. 6. part icularly those occupying high positions in the governUlent should m eal certain moral st.~~ in ter~st ~f~ tiec~. or E_~. . as may be provided by law. / abode and travel. under t his injunction. p. infra. _i!. The Constitu tion and What l t Means Today. ·vithout interference from any source. r eligious freedom becomes meaningless. public safety.

Cauncn. 170 SCRA 256 1 1911~ 1. trans· actions. or decisions. Lukban. (1') It will provide a detcrnmt to the commission of venalities because of the resulting awar eness of officials that their acts wilJ be exposed to the full light of public scrutiny. 1971.. Belmont e. Report ?"o.g. The determination of the proper executive officer (e. 1 ART.. 2. (Jl) It will enable the people to participate more effectively i n governmental affairs especially in questioning the acts of the authorities..cor ds of their government.vt. 15.:1 SEC. and effective. s-overeignty. 111. 851. subject to such limita tions as may be provided by law. :'olv\'. etc. 39 Phil. The right of the p eople to information on matters of public concern shall be r ecognized. the arrest and d etention of persons accused of crimes. ~sec . - BTLL OF TUGHTS 95 those with communicahle diseases to a hospital.such information or denial of access the reto a punishable offense. Right to information on matters of public concern.2 A person whose liberty of abode is violated may petition for a wl'it of habeas corpus (see Sec.} against another holding him in dete n tion. The right of access in the above prov1s1on impf~lllents the right to information. and to doc uments. there can be no doubt as to the \onstitutionality of any law making the refusal t o gi. as well as to government research data used as b asis for policy d eve lopment. 1 and ($-) It will n~ duce public su~picio n of otlicia ls and thus fo ster ruppol't and harmony between the government and the people. Salazar. 1971 Comai tutional Co nvention.. 7. J r . 7. and pape rs pertaining to official acts. a cnurt order is not necessary. 1 Villavicencio vs. Access to official records. Committ<!e on General Provi!!itn\!'. President) is subject to judicial review . 2 In view of Section 7.St' C. ~sec J[bid.. shall be afforded the citizen.) in the 1973 Constitution are: <_1 ) It is in consonance with the principle of popuJc. 778 (191!h V l'l. :-!0. In a democr atic society. Sec Val mon te v~ . r esponsible. th e sovereign people have th e rigJ< ~ of access to the rP. Note that under the second limitation. ($) It will make denunciation of government more factual. 82 P hil. The a rguments gi ven for the inclusion <~tion 6 (now Sec.

right..furm labor unions~ !s. The r:. Meaning of right to form associations. 20.~~ . the disclosure of information must be the general rule.{Q.. 16l4l. ~ertain army r ecords. certain public records are declared confide]lti al either by law or by a dministrative regulations. and (3) Its exercise is s ubject to s uch limitations as may be provided by law. a~.[]TI. It is clear that the right to join an association includes the right to leave a nd cancel his membership with said orga nization or t<J abstain fr om j oining one. 3 See PresidentiA l Decr~e No. With or without the above provision. (2) It is limited to citizens only but is without prejudice to the right of aliens to have access to records of cases where they are litigants. not on the person requesting it .QY~rJl.'the condition or business of banks under the Central Bank.igh. Instances of these ar~ inc:ome tax r eturns under the National Intern al Revenue Code. SEC.) Any law which prohibits disclosure of information by government agencies must f. it may be assumed that this right exists._ I4. to form unions. 8 Scope of the right. associati.8 .3 acfo..~~~· ~[. 1 .:~isbarment proceedings.ta.1) The right embraces all public records.trike a healthy balance between the need to afford protection to vital secrets affecting national interest or security a nd the imperative of safeguarding the basic right of the people to know about the activities of their government. union. or society. . .the. VI..5JJ.~Qyees . (see Art. J3~.m~Ilt eiDP. 8.. The burden is on the government to justify the withholding of information or document. 1 S. Nov. 29. or societies for purposes not contrary to law shall not be abridged. including those employed in the public and private sectors. 72. 1977. and to pr omote trans parency in the conduct of public affairs. See Anucension vs.gr~QtS K. Presently. The right of the people.. a ssociation s. Sees.D~ is the freedom to organize or to be a member of a ny group or association . Natio nal Labor Union.u nts perta ining to military intelligence funds. (. 80 SCRA 350. not the exceptio n. etc.ection. I~ line with the constitutional policy to enhance free flow of information.Art.96 TEXTBOOK ON 'l'HE PHILIPPINE CONS'riTUTTON Sec. and to adopt the rules which the members judge most appropriate to a chieve their purpose. Limitations on the right. It is recogni ~ e d tha t records involving the security of the Sta te or which are confidential in character should be excepted.UQ.

-9:~ (see Sec. 9. 3 Limitation on the right. Qf.>r:m. hence.Of ~. 885 defi nes and outlaws subversive organi· zations and a ssociations and penalize!:' membership therein.r ..G. <:it. (2) They are inherent in sovereignty. . Ol' public safety.•fiQ~ieti~~-ma_y__Q. .oLeminent domain.wel:.r.t. 9. pp. such associations relieve the government of a vast burden. 2 (2) By enabling individuals to unite in the performance of tasks which singly they would be unable to accomplish.. 264-265.of. ) This is the meaning of the phrase "f!JS -tmru~a.. (1) Undoubtedly.d.BILL OF RIGHTS 97 Purposes of the guarantee..~ " Even without the qualification. cit . The needs of the social body seek satisfaction m one form or the other.no. 4 Tiu'iada and Fernando.We. however. Essential or inherent powers of government. they ca n be exercised even without being expressly granted in the Constitution although the condi- Sinco. 3 ~v. public peace. But unless an association or society coald be shown ·to create an imminent danger to public order.atein.~r­ fere. the assistance of the government will inevitably be invoked.!iioP. public morals.b. police po.t.w.its ~oJic~-P.t. 669..s..t.9. . lt i:> to he noted th a t there is in the Revised Penal CodA th~ ~rime of illegal a!\sociation penalized in Article 147 thereof.mis~.er.. pp. Schmandt and Steinbicker.~ociations are th ose "totally or partially organi~ed for t he purpose of committing any of the crimes punishable under thi. and if they are not secured by voluntary means.a.he. Private property shall not be taken for public use without just compensation.ddE.J:ighL to f<.antracy. . and pa.some purpose contrary to public morals.• p.Yli!~hl:a~. op. associations or societies. op.. 9 ART.the. As defined in that article. l'h~ .e_a...jQ~! These powers are similar in the following r espects: (1 ) They all rest upon necessity because there can be no effect ive government without them. the welfare of the nation may be advanced and the government may thereby receive assistance in its ever· increasing public service activities. The totality of governmental power is contained in three (3) great powe rs. cit..f:g .-- Sec.. it is deeme d to exis t by virtue of the inherent power of the State to protect and preserve its existence..e_a. illegal a~.to.c. the purpose of the constitutional guarantee is to encourage the formation of voluntary associations so that through the cooperative activities of ind1viduals... namely: }ln. there is no justification for abridging the right to form unions. JII.§." Both the officers and members of said association!l are subject to the penalties prescribed therein. in~.§. Code or for . Presidentia l Decree ~o.. op.s<?~i.f. 184-185.~ SEC..

Sec. XII. based on the fair market va lue~ a t the time of the taking of the property.~ Ifthe property is t aken by a private corpor ation (e. •Philippine Colum bian As<. ~"E-1i r mark~t-. less t han hai f a h~cta re only. See Guido vs.y for ~.. a public utility given t he power of eminent domain ) to enable it t o fu rnish the public with some necessity or conve nience (e. 42 P hil. 1992.ocialized housing for t he lower a nd mi<idle class members of ~ociety upon paym ent of just compeiH.!ilit _ e'' is understood to m ean the "price at which a willing !>eller would sell and a willi ng buyer would bu. by the person affected by the exercise of these powers by the government." 2 lt. 19 77 ) fur ther defines th e policy oo the expropriRtion of private pro~ rl..g. -.'' or "public advantage.1 Cooley 27-30. N o. directly or indirectly... 7 T he owner may contest in cour t the va lue determined by the assessC>r..g . . electricity).rv. 1259 (Oct .Jan u a ry I .~ian. the use is public.11Ji. ( 4) They are all legislative in character . Ru ral Progr ess Adm. 2 1 . Meral. a nd Set.U$.. does not dimini sh it s public use character. effective . 2 1.s1 cam. (3) They are ways by which the State interferes with private rights and property.:~se. 18." · 7 Sec.te. It is of no mom ent that the land 8ought to he expropriated is of s mall area.CJ.he neficiaily.Under the Local Government Code.ation.g.) ~sena vs.xnay be ide ntifie4. Eminent domain is the right or power of the State or of thos e to whom the p~~~.employed fo r th e comm unity :l That the expropriation of a land may actually benefit only a few families." "public utility.. Decree!\ N o.A. . 5 t ht:l a mount to be paid for the expropriated p roperty sh a ll be determined by the proper cou rt. They a re: (1) l}. 15 then•of.R.p£.with wbatey~_rjs. 7160.98 TEXTBOOK ON THE l 'lULIPPINE CONSTITUTION Sec. 84 P hil...co. (see also P res..) Meaning of eminent domain. a nd (5) They all presuppose an equivalent compensation1 received.Public u se may be identifie d with "public benefit. Presideniia l llecrec No. (infra. 8 47 .ociation vs. 229 SCRA 668 ( 1993). 102.) Conditions for or limitations upon its exercise.. 757 and 1224. (see Art. e.. Panis. 9 tions for their exercise may be regulated and limited by the Constitution and by law. 46 SCAD 1002. Manila Ra ilroad Co. (2) Ptzyment JJL)JJ.···has···b~~n lawfully delegated to take (or ex propriate) pr ivate property for public use u pon paying to the owner a just compe nsation to be ascertained according to law.Y n eit her b~i ng under abno rmal press ure.

or to limita t ion of its usual a nd necessary employmant or use by its own er . ...S. Understanding the Consti tut ion..tuo. Provincial Board.~n..olly.S. safety and welfare of society. 660.'~ •u. .~!. -J. 8 F or example.Sec. sal. 10 The property must "be ta ken" a s defined above. Con r. Every citizen of en!ry community must bear certai n burdens imposed for t he good of all. 31 J:>hil.. 328 U. 256." (1) & tWJl. 9 1 . the passage of a rent control law (a police power measure) could deprive lessors of the right t o charge a higher rent. 218._seizure. Stearns vs.S..l.. Gomez.d'!-~. power in the State which enables it to prohibit all things h urtful to the comfort. 28. Causby. 9 (2) '!'he "takinrg':_mJJ. .cr h as been referred t o a s the power of the State to enact such laws or r egulations in relation to persons and property 3S may promote public health. u s ee Barbeir vs... where airp lanes take off over land a djacent to air ports at such low levels that the land is no longer suitable for oth er uses.ect.tifJJ.be-dir. 22.. -The Constitution does not require that property losses incident al to the exercise of governmental power be compensated for.1and ~~-CJtJ. 1~ F tlr living in a civilized s ociety demands that a n individ ual m ust part with some rights and privileges for the common good.t nJie.1. (the we lfare of the people is the supr eme law). vs.num non <laedas (so u se your own as not to injure another 's property l...g.a. Batao Pambansa Big . 11S ee U...11 . Fernando. public mora ls. .Pr ocedural due process re quires that the owner shall h ave d ue notice and hearing in the expropriation proceedings. Meaning of police power.~_S. 115 U.. op.-s. 13See E .S. 120.. a nd the general welfare and convenience of the people. For instance._It has been n egatively put forth as the inherent and plen~r.) Meaning of "taking."Takin g" u nder th e power of eminent dom ain refers not si mply to actual physical seizure or a ppropriation of the property but also to its destruction or impa irment. e.P!. u.t.. It is bas ed on t wo La t in maxims... ' Basis of police power. ~Rub i vs.. 12 .<?. ~. cit . public safe ty.u.s.. LOCorwin and Pel tason. not a s a consequence of police power. 8 77. vs.OLe.x. Minnesota..prema est le. !l. a nd so decrease the value of their property but the government is not required to awa rd compensation. 179 U.i_s_u..!JflaU!__i_l] _the~ta~ ing. it has been h eld t hat t here is a "t aking" for which the government m ust compensate. p.9 99 (3) Qb:'>e!~anp~ c1.s. p. .p apu/. eQlice pow. 134. 39 Phil..r:e.s .. 1. . (see Sec.s§.hysic.fJ.p... ...

15 Meaning of taxation. etc . 9 Illustrations of police power Jaws. punishing usury.sil{£1~ .~ [CJ:LY!.. authorizing the demolition of buildings or improvements which constitut e a fire h azard. etc.. 37·39 . providing maternity leave for wor king women. (1) f. . proper. or property r ights. regulating th e slaughter for human consumption oflarge cattle still fit for a gricultural work. etc..tJ. authorTiir1g the removal of billboards offensive to sight. 16 See 51 Am. (3) &. outside the public mar kets. (4) G~!J. regulating prices of commodities a nd rents of houses. Police power legislation must be firmly grounded on public interest and welfare and a r easonable relation mus t exist betwe~n purposes and mea ns to achieve the s ame. (2) Euhlkl11J2r:Jlls. (1 ) The power of taxation proceeds upon the theory t hat the existence of government is a necessity. In return for the 'sThe S tate can deprive pers ons of life.-Those regulating the medical profe ssion. ..eJiC?-!:. Jur. a nd persons may be clas sified into classes and groups provided everyon e is given the eq ual protection of the law. 16 (2) The basis of t axation is found in the reciprocal duties of protection and support between t he State and its inhabitants..alth. that it cannot continue without mea ns to pay its expen ses.i. penalizing the turning loose oflarge cattle or permitting them to run loose in streets and pla zas of municipalities. Theory and basis of taxation. providing for the closure of certain streets to traffic of animal-drawn vehicles (calesas) . etc. Illustrations of police power statutes or ordinances are gi ven below. J The test or standard as always is reason.!y. ta:«. fo r the use and support of the government and to enable it to discharge its a ppr opriate functions. and con!Jenien_ Gf. limiting the working hours to eight.y.blk .Those punishing vagrancy and prostitution. requiring compulsory military service.. / . providing a license tax for maintenance or operation of public dance halls .Ql!: is the power of t he State to impose charge or burden upon p_ersons. l.Q. requiring every building or premises to be connected with a s anitary sewer system. r egula ting distance between gasoline stations. or property provided there is due process of la w. except in refrigerated establishments. liberty.100 TEXTBOOK ON THE PHCLIPPINE CONSTITUTION Sec. As a power.Those requiring compulsory registration of lands. prohibiting the sale of fresh meat.f!. pro· hibiting gambling. provid· ing for the segregation of lepers. prohibiting the carrying of concealed deadly weapons.. (S ec.Those requiring a license for the right to drive motor vehicles. a nd that for these means it has a right to compel all its citizens and property within its limits to contribute.Jic lte.

the property (generally in the form of money) is taken for the support of the government. Toribio. They are the financial burdens or charges imposed by the government upon persons or property to raise revenue for public purpose or purposes. and property. 85. Distinctions among the three powers. as the owner of a particular property. .In taxation. . the money contributed becomes part of p~blic funds. the following: Q} As to authority which exercises the power. Ill.Taxation and (usual!y) police power operate upon a community or a class of individuals. among others. Taxation is necessary to enable the State to exercise its police power to promote the general welfare. for public use. the State is supposed to make adequate and full compensation in the form of benefits and protection which it gives to his life.Taxation and police power are exercised only by the government. 10. it is assumed that the individual receives the equivalent of the tax in the form of benefits and protection he r eceives from the government. in eminent domain. . . there is a transfer of the right to property whether it be ownership or a lesser right. while eminent domain operates on an individual. . 32 Phil.S. 11See U. No law impairing the obligation of contracts shall be passed.Sec.ed. . and (5) As to benefits received. Meaning of taxes. the property is taken or destroyed for the purpose of promoting the general welfare. in eminent domain.In taxation. Taxes are the enforced proportional contributions from persons and property levied by the lawmaking body of the State by virtue of its sovereignty for the support of the government and all public needs. he receivesjust compensation for the property expropriated . and in police power.BlLL OF RIGHTS 101 citizen's contri bution for the support of the government. 17 SEC. there is a restraint in the injurious use of property. while the exercise of the power of eminent domain may be granted to public s ervice companies. t he compensation of the individual is not immediate and usually annoyance and financial loss are caused to him leaving the reward to be reaped through his altruistic recognition that the restraint is for the public good. They a r e. and in police power. Churchill and Tait vs. liberty. in eminent domain. Rafferty. there is no such transfer. and in police power. 15 Phil. (~) As to persons affect. vs. at most. 586. 10 ART. (3") As to effect. (2} As to purpose. .In taxation.

) Before the effectivity of the new Constitution.6 Business problems would a rise if contracts were not stable and binding and if the legislature can pass a l aw impairing an obligation entered into legally. to assure the fulfillment of lawful promises. 1224. 3 .lieation Q[a co. "Willough by. p . and ordinances enacted by local governments.102 TEXTBOOK ON T HE PHILIPPINE CONHTITUTION Sec. Hence. p. · \ \Sturgess vs. Sec. Book HI..G. 640. 125. public order.. ~v. <:it.. 2. op. 4 The Stat e when contracting does so upon the s ame terms as a private individual or corporation and may not plead it s sovereignty as justification in impairing a contractual obligation which it has assumed. The provision implements the constitutional right to freedom of contract.. the Presi dent exercis ed legisla tive powers through t he issuance of executive orders . Sec. VII. (see Art. 10 Meaning of obligation of a contract. 2. 1306." ( 1) The law. it is outside of the contempl a tion of the constitutional provision. 8 Phil. Art.nJrru. (Ibid. A dmin istrative Orders are a cts of the President which relate t o particular aspect. 5 A contr act which is entitled to prot ection against impairment must be a valid one. Sec.) Purpose of non-impairment prohibition. The oQ. Note that marriage is more than a mere contract.) See Art.s entered into by the government. Section 17. and to guard the integrity of contractual obligations.1 if it (agreement) is not contrary to la w.~rs. 2 Scope of terms "law" and "contract..t is the la w or duty which binds the parties to perform their agreement according to its terms or intent . ~see . i t is a status. The guarantee is not violated by court decisions or by acts of boards of officers acting in a quasi-j udicial capacity (like a judge). includes executive and administrative orders3 of the President. cit. 1 3E xecuti:!!_!. good cus toms. Code of 1987. XV. Hord. Civil Code.'! of governmen tal operat ions in pursuance of his duties as administrative head. Cr own shields. The prohibition is int ended to prl)tect creditors.... (Adm. An example of impairment by law is when a tax exemption based on a contract entered into by the government is revoked by a later taxing statute. 'See Cassa nova vs. Sinco.. the obligat ion of which is secured against impairment under the Constitution. op.Qrders a re acts of the President provid ing for rules of genertil or permanent character in i mt~lemeotation or execut ion of con sti tutional or statutory pow. morals. the enactment of which is prohibited. ( 2 ) The contract. includes contracl. 4 Wheat 122. administrative orders issued by heads of departments. or public policy.

.> obligation of the contract within the meaning of the Constitution. 8. < Sec Gero nimo vs. For instance. the abolition of s hare tenancy as well as the introduction by compulsion of the leasehold system (after a contract of share tenancy has been adopted between the landlord and the tenant) has been sustained in the valid exercise of police power (sup ra. 607.'35. The obligation of a crmtract is impaired when its terms or conditions are changed by law or by a party witl:out the consent of the other. ~6 u . 11 ART. . {2) deprives him of the means of enforcing such right. ~lay 29.si=iud. Feb. Freedom to contract not absolute. Laws impairing thP.-. L -19555. obligation of contracts a re necessarily retroactive or retrospective.) Thus. Kearney.Se('. they may be enumerated as follows : (f) The right to adequa te legal assistance. share tenancy being recognized as the root cause of the land problem s and agrarian unrest in the country! SEC.ic. a law increasing or decreasing the rate of interest for the loan of money cannot apply retroactively to loans contracted before its enactment .jpl bodies and adequate legal assistance shall not be denied to any person by reason of poverty. /" ' Sec Edwards vs. or dispenses with those which are. 1964. III. L-250. } .BILL OF RIGHTS 103 When obligation of contract impaired.) and especially in view ofthe explicit provisions in the Constitution with reference to t he promotion of social justice. as to diminish the value of the contract. 1968.aii'an Relation. Courl •lf A:gr. (3) imposes conditions not expressed in t he contract. There will be no impairment if the law is given prospective effect. 7 A law which: ( 1) takes fr om a party a right to which he is entitled under the con- tract. Constitutional rights of the accused in criminal cases. . (see Art. Free access to the courts and «rna. De Ia Rama vs.. otherwise impajrment will result. . Br_iefly .S. thereby we!lkening the position or rights of the latter.· The freedom of contract is necessarily limited by the exercise of the police power of the State in the interest of general welfare (see Sec.. 26. or (4) diminishes the consideration agreed upon by the parties. is void as impairing thE. .. XIII. · . Court of Agraria n Relations.. 11.

to be informed of his right to remain ~\lent and to havt: counsel. a nd othe r pr·ocedural safeguards . 11 (2) The right. (6 ) 1'he right to due process of law..104 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.---· (l l) T he right to meet the witnesses face to face . ( 1-0) The right to have a s peedy. The government is very powerful. or similar form s of solitary detention . ( ~) The right to have compulsory process to secure the a ttendance of witnesses and the production of evidence in his behalf. ( 15) The right against excessive fines. iepository of the enormous power of organized s ociety . a very serious matter. . .Moreover. violence. threat. It is of necessity an unequal contest because the parties are of unequal strength. ( 14) The right against detention by r eason of political beliefs a nd a spirations. degrading or inhuman punishment.{2) Criminal accusation. He . an unequal contest. (5) The right to bail and against excessive bail. the privilege of cross-examination. (7 ) The right t() presumption of innocence. (16) The right against cruel. In order to reduce the passibiiities of injustice. when under investigation for the commission of an offense. anc. . every crimina l case is a contest between an individual a nd the government. experience tea~hes that it is a very serious matter for the government formally to accuse a man of having committed a crime. incommunicado. Reasons for constitutional safeguards. whether guilty or not. the Constitution seeks t o r edress th e imbalance between these parties by guaranteeing the accused the right to an im partial trial. (1} A criminal case. (8 ) The right against th e use of torture. ( 1J7) The right against infliction of t he death penalty except for heinous crimes. (8) The right to be heard by himself and counsel. and public trial. impartia l. (1-3) The right against self-incriminat ion . (4) The right against being held in secret. . force. The defendant by being me rely a ccus ed may find himself in immediate trouble. (9) The right to be informed of t he nature and cause of t he accusation against him.l ( 18) The right against double jeopardy.For one thing. It is_ _the. intimidation or any other means which vitiates the free will. There are several reasons underlying the tenderness of our Constitut ion on t he subject of the rights of an accused.

s· But such guarantees are futile if persons are prevented from going to courts on account of their poverty. ~Suarez . 556.s Right to adequate legal assistance. 703. they are unable to engage the services of a lawyer to defend them or to enforce their rights in civil. criminal. as publiciy.. domestic servants and laborers who. vs. Almeda.e. 25. Platon. the underlying purpose. Gallardo. -BILL OF RIGHTS 105 may lose his job. 2 For as the Roman praetor said: "It is better (0 Caesar) that a thousand guilty men be free than one innocent man be deprived of his life or liberty. pp. and the enforcement of contracts. Indeed. III. ''V. Connaly. will be done.It may nut be sufficient to just grant the rights of a pauper.G. as soon. L-41213-14. 70 Phil." The raison d'etre for this principle is the assumption that the long arm of the law would. exemption from payment of court fees) to poor litigants. catch up with the guilty party. His reputation is under an immediate cloud. The accused. (i. the prevention and redress of wrongs.~~he State has also the constitutional duty to provide free and adequate legal assistance to citizens when by reason of indigence or lack of financial means. 'Fellman. 69 Phil. Tan. and as decisively. 443. 'See Rules of Court.. Oct. 113 U. but that justice shall prevail. Within this category may be mentioned the low-paid employees. might have to go to court and yet are without means to pay filing or sheriffs fees and attorney's fees.S. needs every possible opportunity to establish his innocence. to collect their small salaries and wages. cit.. Sinco. cit. therefore. p. the acquittal of the innocent is given more importance or preference than conviction of the criminal. -The purpose then is not to coddle wrongdoers or to protect the guilty but to assure that truth will be discovered and that justice. which is the very end of government.Sec. Jr. op. The guarantees of due process and equal protection of the laws assure all per&o:ls like access to the courts as well as quasi-judicial bodies of the country for the protection of their persons and property. as possible} (3) Protection of innocent. or administrative cases. vs. 'Cabangis vs. Sec. 11 ART. . or be suspended from it pending trial. Right to free access to the courts and quasi-judicial bodies. 4 To give reality to these constitutional rights. 1·3. in a criminal prosecution the interest of the government is not that it shall win a case. Rule 3. 21. op. 'Barbier vs. our Constitution has expressly included the above provision. Under the Constitution. sooner or later. 1976. 27.

incommunicado.a. solitary.Y.. intimidation.. (People vs. Any person under criminal investigation for the commission of an offense shall have the right: (. threat. or any other means which vitiates the free will.~£~.ada~e.) 3 These forms of detention of personfl arrested by the m ilitary for alleged subversive activities or fot· being critical of the government were found to be prevalent under a previous regime especially during th e period of martial law. from Scptembt!l' 21.. If the person cannot afford the services of counsel.m. 1980. any confession obtained in violation of any of the above rights is declared inadmissi- 1 While an accused is under custody.!l§~\!!. solitary. intimidation.tq_c_l~rs~§Jl<!iQg. Secret detention places.t ~h.m.Y!'. 2 (3) against the use of torture. 94 SCRA 109. ( 1) Any p erson under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and t o have competent and independent coun· sel preferably of his own choice. violence. force.ud ~l~m~. Caguioa.:J / . (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices. 1972 to January 17. ) tThe right to counsel may be waived £!Q. 1981. force. threat./ Effect of violation of the .106 TEXTBOOK ON THE PHILIPPINF.(People vs.4!.itl:!~uJJ ~. or oth er simiiar forms of detention. . L-38975.9J its c.w. h e must be provided with one.. and (4f) against being held in secret. 12. Oi fferen t forms of torture were also practiced.1·) to be informed of his right to remain silen t.ig_e_g ~Vfl...is..o. his silence may not be taken as e\•idence against him. (2 ) No torture.t. incommunicado. or any other means which vitiate the free will shall be u sed against him. June 17. (3) Any confession Ot:' admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. otherwise his right of silence would he an illusion. 1 ~2) to have competent and independent counsel preferably of his own choice or to be provided with ono.ili'ttt. 12 SEC. Alegre. or other simi· lar forms of detention are prohibited..~'ighls:··"' To gi ve force and meaning to the constitutional provision.. a nd their fami· lies. Rights of person under investigation.Q. violence.e . CONSTITUTION Sec .!:ilY.. These rights cannot be waived except in writing and in the presence of counsel.

13. writing This requirement which is not found in the 1973 Constitution is directed against abuses in the past whereby written waivers by the accused or detained persons without assistance of a lawyer were employed to circumvent constitutional protection on human rights. 5 When rights can be invoked.Sec. is the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned 4 .ID.n.Q.E2!l.. before conviction. Alegre.Claima under the Department of Justice for victims of unjust imprisonment or detention and victims of violent crimes. Section 12 provides the procedural safeguards to secure the rights of the accused particularly the privilege against self-incrimination of persons under arrest or in custody of law enforcement officers.cr..l ~~ ~oun§~l~aJl. The right to bail shall not be impaired even when the privilege of the writ of l].u Qf. is made. These rights are thus available the moment an arrest or detention. and their families. Excessive bail shall not be required.n<.el.) "RA No.. The authorities must insure that the accused is apprised of his rights and that they are availed of by him.. Meaning of bail• .n QdnYe.reclusion perpetuo when evidence of guilt is strong.the..t. such law to be enacted by Congress shall provide compensation for and rehabilitation of victims of torture or similar practices. 13 ART. shall. For humanitarian reasons.w.BlLL OF RIGHTS 107 ble in evidence before any proceeding4 and violators· shall be subject to penal and civil sanctions to be provided by Jaw. 1992) creates a B.e. .io'!l where the proceeding is r.!}~.t be w.~t.Qnsidered a tacjt adtnia.. supra.dis!UJJ. .r i_ny~!Jtjg~~jQ:Q" includes ~Y.l?~!gG.abeas corpus is suspended.IJ. The words ~d.~~a..r.aiYflrl. 7309 (~arch 30..o. be bailable by sufficient sureties.Q... Th~ SEC.. Waiver of right of silence and to counsel.J:.e. . except those charged with offenses punishable by .Qg. i~_t~e pr~~e_n~~-QLc..tQ. with or without a warrant. rig_ht pf ~il.l. III.fJiJ. All persons.m. ~.aio...ptin.l)IJOt.~Ui. but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation.S (People vs.S.u::w.ot a mere general inquiry into an alleged crime. or be released on recognizance as may be provided by law.xce.om of.. The failure of an accused under police custody to deny statements by another implicat· ing him in a crime especially when such accused was neither asked to comment nor reply to such implication or accusations.

detaine d. Congress must enact a law providing when recognizance may be allowed in lieu of bail. 1961. 8 De Ia Rama vs. "no bail sh~ll be a llowed after the Judgment has become final. Rule 114. a n accused may be te mpo rarily released on his own recognizance to the custody of a responsible member of the community. a t the time the accused applied for bail. The purpose of bail is to secure one's release and it would be incongruous to grant bail to one ywho is free . property bond. People's Court.nce is a simple personal obligation or unde~taking ente red into before a court and having no money penalty attached..f it may be in the form of cash deposit . 3 Who may not invoke the right to bail. Rule 114. 13. . bond secured from a surety company. 1 Purpose and form of bail. Sec. 14[2]. A'fecQilnizg.108 TEXTBOOK ON THE PHILIPPINE CONSTITUTION SE!{:. the accused is presumed innocent. Diet. Almeda vs.5 (2) It is a lso not available to one charged with capital offense or an offense punish able by reclusion perpetua. ' ~r)" The purpose of requiring bail is to relieve a n accused from imprisonm~nt until his conviction and yet secure his appearance at the triaP The right to bail is granted because in a ll criminal prosecutions. Jan. 77 Phil.~ guilt. July 31. 5 Feliciano vs.) The judge. 1953. ''8 See Rules of Court. 1. however. life imprisonment. Pasicolan. Rule 114. 75 Phil. Ocampo.~!'J:il may be granted where there is no probability that the defendant would fle e r ather than face the verdict of the court. SE!{:.. 13 upon his appearance before any court as required under the conditions s peci fied. (Webster's 3 rd Jot. a free man even when he has already been criminally charged in court. or after the accused has co. 6. (Sec. on humanitarian ground where the life or health of the convict may be endangered by continued confinement pending appeal. has no a uthority to deny baii without t a king into account the evidence presented. L-14657. or recognizance. 3 See Rules of Court. 2 1 / _/ I .. L·31665. as to JY. There must be a hearineEven when evidence of guilt is strong.menced to serve sentence. Ro vira. 1855.G. •Teehan kee vs. 49 O . 1. ' See Montano vs.) (. 6 See Rules of Court. Villaluz. 19'i. or otherwise deprived of his liberty. 7 (3) Under the Rules of Court.) Thus. 29. Sec. 635. 21. or death if the evidence of his g uilt is strong.J. Aug. 6 or after conviction . 4 ( 1) It cannot be invoked where the applicant is not yet in custody of the law because he went into hiding and is at Jarge. The right t o bail is avail able to any person arrested. whether or not an information (criminal complaint ) has been filed against him. 46. and hence. (see Sec.

. the accused.!!-:~-~~-~P.lllQnj. under the law existing at the time of its commission. and shall enjoy the right to be heard by himself and counsel.. Sec.rn.~!Lr. is still available except as provided in Section 13.BILL OF RIGHTS 109 When the privilege of the writ of habeas corpus is suspended.Sec. the accused shall be presumed innocent until the contrary is proved.h~_P..t. among nature of the offense.. Villaluz. HI.IrrOC_~~. may be punished with reclusion perpetua. {2) In all criminal prosecutions..La.ccount in deciding the matter. 10 That which is reasonable bail to a man of wealth is equivalent to a denial of right if exacted of a poor man charged with a like offense. Rule 1 J 4.. 12 WhJ!t .. Suffice it to say t.tr. In law. Aug.P._apita(.ro. Sec. Meaning of capital offense.d. 7659 (Dec.:r:im~d.s~fth~.A. 1993) has restored the death penalty on certain heinous crimes. ihe prbbability of guilt.t~!. Section 13 speaks of reclusion perpetua. 13. the right to bail.L !r. For ou1· purpose. impartial.~b­ . The Constitution ordains that excessive bail shall not be required. others~he reason~b. 10.rJs unj!lstifii!Ple.P. (l) No person shall be held to answer for a criminal offense without due process of law.tilm. (Rule 114. life imprisonment.. 14 ART. is an offense which. the right to bail would be a meaningless farce._hEt gi!)~r~ti()n of He has to take into a. to have a speedy. and~he financial condition of the accused. the penalty which the law attaches to it.arrw\. and at the time of the application to be admitted to bail. they are different penalties. 14. 15. for purposes of the above provision. life imprisonment is included. l'i.L1~ a SEC. 9 R.c. Excessive bail prohibited. 1975.•at under the R~les of Court.P~~.m_~.th~jl. 6.~sts_mainly \. not life imprisonment. No. Th~LQ.ngS_.accused. the amount of bail may be reasonable if considered in terms of surety or property bond.). after ar:raignm~. (Sec.ided that h~ has been duly nqtifi~.4 a~d bj~J~!ll. .o. to meet the witnesses face to face. L-31665. we shall not concern ourseh·es with the fine distinctions hf'tween the two.U Also.~._9ffen~e.a. but excessive if required in the form of cash. "1 Coole:v 644. to be informed of the nature and cause ofthe accusation against him.S. 13. and public trial.ly.n.) Without the explicit injunction.. However. '~Almeda vs.ldg~.to. and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.) 10 See Rules of Court.ash bond n. even for the commission of national security crimes (see Sec.9 or death.o~withstandin.Y.~W.th~.JwlQ. 7.

J!!OS~i oss has always been interpreted to mean proceedings before the t rial court ft~JP. 1. As applied to a criminal trial.) (1) A . is the failure to observe that fundamental fairness essential to the very concept of justice. De Guzman.~ Its evidence must be strong enough to convince the 'court that the accused is clearly and unmistakably guilty. De Guzman.M~ . 1979.) 6 People vs. 219.n!!!nJm. Lagmay.. 1999. April 21. A person cannot be held to answer for a criminal offense without due process of law.) 3 People vs. (Sec.f!~.dmi.~n.a£eguard.. -This presumption of innocence is a guarantee that no person shaiT be convicted of a crime except upon confession or unless his guilt is established by proof beyond reasonable doubt which is more than just a preponderance of evidence sufficient to win in a civil case. a suspended PC-CIS was acquitted of the charge that he "knowingly and falsely represented himself to be [such an) agent" in the ::.. -The burden of proof in a criminal proceeding i~ upon the prosec ution.r~Cl:§I9JJ:. 1991. 1 Right to presumption of innocence.!1t. 306 SCRA 157.nJ. (Sec. but because it has proved that the accus~ is guilty beyond reasonable doubt. . see Sec. 194 SCRA 601. June 16. not because he dmnot prove that he is innocent.e.!£. (Gigantoru vs. 14[1]. California. and (~) The judgment awarded against him must be within the authority of a valid law. 6 1 Lisenba vs.IJ. March 4. note 3. It requires that: <f) The accused must be ( a ) tried before a competent court (i. ~Thus..l~.) Due process in this context pertains more to the procedura l aspect. In all criminal prosecutions/ the accused is presumed innocent until the contrary is proved. it has been said. agg.3 The presumption takes an even more paramount significance in offenses involving the capital punishment.Q. . denial of due process. People of the Phils. 814 U. July 16.. 1988.d.gl)!l'le. 14 Right to due process of law in criminal cases.bsence of proof tha t he was duly notified of his dis missal before the commission of the alleged crime to ove rcome the constitutional pres umption of innocence .Q[ P!09[ gfgu_i_l~.!ion.!.C!£~e__<jg_l~QJ. (People vs.fl!:l-ire!J1f.fal. court having jurisdiction).11 0 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 14[ 2].S.• (2) Re.rhe term t.s_f!_ conv. L-74727. •People vs.s. and (c) allowed to use all legal means and opportunity to defend himself. authority and influence at its command. Corachea. 91 SCRA 422. supra.~ JtX!'!._the rendition of decisi~Jl!.~YQ~. (b) given a fair and impartial trial. Its purpose is to balance the scales in what would otherwise be an uneven contest between the lone individual pitted against the government and all t h e resources.

i~iliiiFe-g~i. theft) is the taker and the doer of the whole act. of Court. Rule 131. sufficient for proof if uncontradicted) evidence of the existence of the main fact in question. 857. Hbl.hanto1ni1Tcti_m E~Iso~~e~t__ _ ~Q.4 ~) "The accused must be pre5ent at the arraignment and must per3onally enter his plea.~ft.imbag. 92 Phil. however. even in criminal prosecutions. it is presumed "that a person found in possession of a thing taken in the doing of a recent wrongful act (i.. the defendant shall be entitled x x x to be present and defend in person and by counsel at every stage of the proceedings.S. 9 1 Cooley. 13 Right to be heard by himself and counsel. 12 If upon such presumption taken in connection with the other evidence. 9 The State is only required to establish a prima facie case after which the accused is given an opportunity to present evidence to rebut it. 1 ' Rule.lonable d~~~!-~_':. : 2See U. 68 PhiL 471. Rule 115... .. is. Hi Phil._t. vs. Sec.prima facie (i. the accused is entitled to acquittal.J~y. 37 Phil. 1.. "Peoplt! vs..S. m. Manoji. vs. 639-641. 367. founded upon the experience of human conduct. 35 Phil. Sec. 10 Under our Rules of Court.. 506 ~3 U. for instance. Implementing the right to be heard. the accused is entitled to two 12 1days to prepare for trial unless the court for good cause grants him further time. 14 ART. 2.e. ''•Ibid. a judgment of conviction may properly be entered. 5. 16 "See Rules of Court. There.. t~~--~~-ii ~:~:illai~!i. that the presumption of inno· cence may be overcome by a contrary presumption.e.''il • Statutory presumptions of guilt.hti:nJl$. Ungol. -BILL OF RIGHTS 111 In case there is a reasonable doubt of his guilt. U. no constitutional objection to the passage of a law providing.-en. '('People vs. . Sec. 9." 11 The ground for the presumption is that men who come honestly into the possession of property have no difficulty in explaining the method of which they come into such.Sec.lllt. it may fairly be concluded beyond a reasonable doubt that the accused is guilty of the.. 1 ~/bid. Cat. Rule 116. Espia." . the Rules of Court provides: '-l) "In all criminal prosecutions. It is better to acquit a person upon the ground of real. from the arraignment to the promulgation of the judgment.J.!l~ __'£h_o mav. Sec. they shall bP. Sec. Rule 133. t:Rules of Court. 835. Mingoa.S.that when certain facts have been proved.'" (3 J "After a plea of not guilty.. vs.

He cannot be punished upon a doubtful assumption. the court shall inform the accused of his right to counsel and s hall ask him if he de~ires to have one.i. and consists in furnishing the accused a copy of the complaint or information with the list of witnesses. Rule 116. 20 The compla int is filed in court usually by the prosecutor after due investigation.k. ( 1) Sp_e. however. 1977 . Sec.. Flores vs.ar. 1A Lack · of notice of h earing violates procedural due process. 1978. ( 2) It is at t he stage of arraignment that the accused. Malunsing.112 1'F. 2:1 Right to be informed of the nature and cause of the accusation against him. April 29.a. L-50707 . Mendoza.. Aug .gn::.~ludU}]. Mendoza. Unless the accused is allowed to defend himself in person.be. 17.of lit. L-27916.be.\Y~!Uf. of cri m. of Finance vs..tdoes_:r!~~JP.uiz. 752. 1965. 1. May 31..~ charge4. he is thus made fu lly aware of possible loss of '''!hid. e... is granted the opportunity to know the precise charge t hat confronts him Y Importance of the right to counsel. L-45667. . ( 1) The arraignment is made in open court by the judge.. 2 ' Borja vs. AgaH<I. I t is for this reason that the right to be a ssisted by counsel is deemed so important that it h as become a constitutional right~~ not subject to waiver by the accused. 1975. H olgado. for th e. Loquias vs.This right implies that the offense which a person is accused of be made known to him.h.. '"RcycJS v:>. . 85 Phil. see People vs. 22 Peoplc vs. a hearing is still indispensable. Sec.19 Meaning and purpose of arraignment. L-36276. he may be convicted not because h e is guilty but because he does not know how to establish his innocence.. h~rd by_~:unsel Even the most intelligent or educated m an may have no skill in the scien ce of t he law . note under Sect..ion 12.cific.c. L-29015. Rule 116. 2 aSee.o what the ch a rge is so as to enable him to prepare his defense. b. first time. ...r. Rodri guez. !l. 14 f4) "Before arraignment.Jk_gqij. r eading the same in the language or dialect known to him and asking him whether he pleads g uilty or not guilty.. 1979. 21 'Rulcs of Court. The right to. the court must assign a counsel~__9{jcio to defend him .Jan. 6. Subido. Borja vs. It is imperative that. L-:l8388. 21." 17 Even if the guilt of the defendant is very apparent. 8up ra.tl~_. June 20. particularly in the rules of procedure a nd without counsel.~ tight tu. July 31. The criminal complaint or information should be sufficiently clear to a person of ordinary intelligence as t. '"Sec.eard would. or he has employed counsel of his choice. And this can happen more easily to persons who are ignorant or uneducated. 1975.XTBOOK ON THE PHILIPPIN E CONSTITUTION Sec.cl.

and public trial... Murchison. a fter a person is indicted and within sue!:! time as the prosecution.he i~. Mendo?.~11~ · In det ermining whether there has been a denial of the right to speedy trial. . 1998). But a n accused may be convi cted of a less er offen se (e.) of the a ccused has taken place. Sll p ra .an . depending on the nature of th e crime imputed to him . 349 C.An impartial trial is certainly a basic requirement of due process in crimina l proceedings_ Im-partiality implies . impartial. .. vs. wit h r easonable diligence.st is t o begin counting the delay from the time of the filing of the information <criminal complaint).S . theft ) included in t hat (e_g. 112 SCRA 226 · 1982 ·. • Feb. 2 ~ln rP. Consequently. ~ 7Conde vs. 852. could prepare for it.Il~r1ia~. er. regulations .tol. 'to this end.:P. Mat ild e.S ec.YJ. and proceedings of law free from vexatious. 26 The proceedings in s uch case may be challenge d and annulled in the proper court. Dec.a.This requirement of notice is indispensable inasmuch as in criminal cases not only the liberty but even the life ofthe accused may be at stake. Right to have a speedy.he_te. Thus.Q£. (1) .J9J.. .g ~1ljt1~!iC E! _ for_ Jl_i_ !llif.. It has been said. and oppressive delays. 1r. capricious._niarypr otherwise. that a "speedy trial" means one that can be had as soon as possible. t. ~?. 28P eople vs.Our s tatutes do not define wit h precision what constitutes time for speedy trial. 650: Kalaw vs . Sobrevinas. - BILL OF RIGHTS 113 freed om . 774.U$Jtd_if he. at the insta nce of the accus ed.d e:_ conE-?Uif!.bl. 45 Phil. Apo. Jab~on . however.s_~. be tween arraignment and trial. even of his life.z4 (2) flgi!~~. 14 ART . " l•Borja vs. u ( 2 ) Im.~ .-~Q >. 1975. 1 ~Peoplc vs. and following an Order for !I new t riaL to emure a speedy trial of all criminal caRes.fiS~.e. 25 or where no a rraignment (supra..g _ .~~._!?LCl:.s.e. is guilty ." It does not mean undue haste but one conducted with reasonable promptness consistent with due course of justiceY It neces sarily depends upon the circumstances.i:KIJL. 35 Phil. robbery ) which is charged. in the putcome}9 Thus . . It sh ould be a t rial "conducted according to fixed rules. III.S. J r.ia{.!J:Q.a." prescr ibes a time limit for trial. L -:3 ~ 39 :2 . Rivera._Lrial. 64 Phil. Bd>·.p~<. 32..at •. 29. known as the "Speedy Trial Act of 1998. of cas. Abad Santos.J!::t. 133.l~nce of actuall:>i~§jn_the.<l~lay in the ju<:U~Jal p_roces ~ . The observance of the right to have a speedy trial is important. s~rv~ s ~§. A long _ . vs. no m a n can be a judge in his own case and no ma n is permitted to try ca ses where he has an int.b'U:!i2Jgtetf:.Speedy_lzjgJ.a xefuge of the .!J. 12. there is a violation of the right whe1·e an accused h as been charged with an offense and convicted of another. 78 P hil.r. Orsal. 2G U. . reasonable postponements are allowed..iJlrl. a com-iction under an ordinance whereby a portion of the fine imposed we nt to the judge and the remainder to the municipa l treasury is a violat ion of du e process oflaw. .(}_C.

~ig~_oo~QnJrontation Right to compulsory production of witnesses and evidence. and Ojoy..•£b.!llJJ:.JLI\d. p. 510.. especially in cases (e. see Rule. .The first is to give the accused an opportunity to cross-examine witnesses against him to test their recollection and veracity. prosecution for rape) where public mora ls and public decency require it.defe. Tanjuanco. Javier .32 of witnesses.WJy . the ~~~ter_d~~ prg_c~~~ of) ~ w2° "A judge h as both the duty of rendering a just decision and the duty of doing it in a manner completely free fr om suspicion as to its fairness and as to his integrity. l3rd1 320-321..inister~4.ure which would offer . etc.ptatian . 25. 11 Phil. 27:3 U. Principles of Constitutiona l Law.) · ·IO'fumey vs.dant. The accused has the right to have compuhmry process issued t o secure the attendance of witnesse s and the production of evide nce in his behalf.P~u:t~Uy _a.._e~.S. vs.sr."·11 (3) P. People vs. vs.The second is to give the judge.fl!J. Jr.ofproof.-.. He may not. 14 judg~ Evgn__pr. 526. While judges should possess proficiency in law in order that they can competently construe a nd [apply] the law. Rul e 119.to tb. vs. 1976.he mere depositions or ex parte (of or fro m one party) a ffidavi ts (sworn written statements} of his a ccusers. There are two important reasons behind this right. A public trial is not of necessity one to which the whole public is admit ted.. 3 ·lU.rget t.Le.e tofo. Thus...minatio. .he bu:r:-<ien .~gJ.ili':. (2) As_s. 449. 1976..~ed. (Sec. There may be and often is justin able occasion to exclude from a trial those who are inclined to attend from idle or morbid curiosity only. The accused person has the right to meet the witnesses face to face .ib.u. L-4116t'l. 374 . Sec.S .em.-.S .Q£tY. so that they may have an opportunity to do so. Bello. therefore...os.. denies. J Phil.ILQ[¥JJ1. 13. be convicted upon . Aug.~§.t. as the trier of facts.t.-·-·--.a3 .iaL -The requirement that the t rial be public is not meant that every person who sees fit shall in all cases be permitted to attend criminal trials. q_9!!:J:L9f' witneti. L -41213-14.<iro.requil:ed..g.to..~-~~-Qy_j.d. 14[ 2]. Ohio. of Court.r. vs. as that of the accused's friends and relatives and others who may be inclined to watch the proceedings in order to see if justice m. .i. G~ llardo. 5.convict the. U.a . -.. Oct.. onl:y . ·"Tan.ublic tr. but it is one so far open to all..114 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Soc. an opportunity to sec the dcnwanor and / appearance of witnesses while testifying.euen.osl:l:. it is more important that they should act an d behave in such a manner that the parties before t hem s hould have confidence in their impartiality. '12See Cooley. a doct or who executes a medical certificate must be presented for examination.S.im. U.ru:e...l!J_Jl' lf. ( 1) G.h.intellig!m.enzo. .. 37 Phil.g.M. E s1..

:U. iss (2) Be. trial may ~e c~n~!~tutional ri_gh~.J2u. The privilege of the writ of habeg s cQrpus shall not be suspended except in cases of invasion or r e bellion when the public safety requires it.S. 384.?. Pellejera.il~~. the court. including a warrant of arrest.tri.~I_l. eventu al conviction provided only t hat the three conditions mentioned are present . ~r.. 17 Ph!l.J. vs. if needed.Y.. by sim ply escaping.V JljJJ. Sect io n 11. ~t. Salas. Garcia.~~. (Sec. 15.a. . written statements given by th e complainant a nd other witnesses in any investigation of the offense) material to any matter involved in the action. 39 SEC. An accu sed cannot. 143 SC RA 163.~.!?. Trial in the absence of the accused. Meaning of writ of habeas corpus. 587. duly .~e_p~.&tifi. ..e~ of.n:. S.) The rule is in the int er est of a speedy administration of justice which sh ould be afforded not only to t he a ccused but to t h e offende d party as well . Mendoza.37 Thus. the court may properly r efuse to postpone the trial inspite of the absence of his w itnesses. Rule 116. may order th e prosecution t o produce or permit the inspection of evidence (e.9.~. ~_as be. . ~~-_!?. 14l 2J. or other evidence and testify with r espect to th em . 3 ~ ( 2 ) Likewise. in the possession or under th e control of the prosecution .. u pon pr oper a pplica tion of t he defendant. July 29.hle. or any other law-investigating agencies .Thus. 3 ABo rja vs.~nd. Sees.a.Y. ~&Peo ple vs.the .sent .t<. a r t icles. B. hi'Q:1 2 elf ma _y _Q_e_ _!V~iv~ <L9. Rule 2 1.g. 10 Phil.a4 He must .. another mode is assured the accu sed of meeting the evidence that might be presented to prove his guilt.him:. 36See Rules of Court. vs. C.~}~ and (3) !:!is f~. ~_! th~ acc~_ed . s is an or der issued by a court of competent j urisdiction..Q.. an accuse d per son is e ntit led to have subpoenas (order to a per son to appear and testify in court) issued to compel the attendance of witnesses in his favor. lJI. 15 ART.BILL OF RIGHTS 115 (~ Under the Rules of Court.t!(i. direct ed to th e per son det aining another . He may a ls o ask the court to order a person to produce in cour t certa in documents. 3. the police.r ~~~~l. .~rd_i_r!_Jlis d~fe~~~.~!g~~~.r.Sec. 1. h owever.S. t h wart his pr osecution a nd possibly. otherwise. commanding him to 3' See 3 Rules of Court..p~a. to proceed notwithstanding the abse:11ce of the a ccu sed provided that three condi tions concur: ( 1) _ He has b~en a.Q.See Ibid. This order is called subpoena d uces tecum.l y p_r e._Q{_h_ab~JJ. T he wr:iJ.P. 1986. supra. make reasonable and diligent effort to ha ve them cited to appear and testify.

i n each a_nd every case of.P. the official or person detaining him may ask the court not to continue the proceeding any further as t he privilege of the writ as to that particular person seeking release has been suspended. .ority.r_egellion. cit.!! or ' ..3 Consequeb. _a~y_p~rs~ in his behalf petitions the proper court. -relieve a person therefrom if such restraint is found illegal.§. in an appropriate proceeding filed by any citizen.116 TEXTBOOK ON THE PHILIPPINE CONS'l'ITUTION Sec. Purpose of the writ. This is how the writ of habeas corpus operates to safeguard the liberty of a person: The .' VII."fit}.:n.. which immediately issues the writ. detention by the government may not obtain h is liberty by its use.. . 778 .w. iJ. 39 Phil. called the. 4 But the Supreme Court is empowered to inquire. p.. whether or not there was factual basis to justify the suspension by the President of the privilege.. 'Villnvwencio vs.hberty.. the judge thus may be prevented in the event of suspension fro m determining whether or not the detention is authorized by law.. 15 produce the body of th e prisoner at a designated time and place. How writ operates. It has for its purpose to inquire into all manner of involuntary r estraint or detention as distinguished from voluntary· anci'.IJ. 2 . If not.· After the order is obeyed.t~ben pul?lic safety_req~iFes it.~!.~--t.h~.sent back to custody.llSp~nde~. op.:is~meE .dewntion 'V!' ithout l ~gal cause or aut!l.1u.in.ia.i(. '!)~ .r£1Jg_ f:!. "(be P£i..yasio. 32 Boston Univ. •See Tanada and Fernando. It is sent to the person having another in his custody.~_nc!p:a_l.1 Its R.. see Rules of Cou r t. The Most Im portant Ri ght in the Constitution. Rul e 102. 2 Suspension of the privilege of the writ.Y.'"'-·-·.di vidual a t.V. 1-'he wri~ is the proper remed_y . See Chafee. the person under .sllihe.. Law Rev..Q~. 530._~ase only of i. 8ec~· l 8.. and to show sufficient cause for holding in custody the individual so detained. Such person is order ed to produce the prisoner in court at a specified time .by the Presf4~nt (Ar'f.t. Lukban..f!ile of the writ of habeas corpus (not the writ itself) ~E. the prisoner is remanded. he is set free at once by the judge.IP. together with an explanation of the cause of the detention. !YJ'bc phrase "or imnUnent danger ther eof ' in the former provis ion has been deleted hecause of its ambiguity. the judge scruti nizes the return and then decides whether it shows that the imprisonment is authorized by law. . . If so. Unlike in cases where the privilege of the writ is available and in full force and effect.tly.. 143. \ While the person detained mus t still be produced in court.

':d!lsti~-~.~!ili. SEC..endanger its very. last sentence. supra. 77.Q~G. Haubert.f>_t:l.~_ c. Like the right to speedy trial in criminal prosecutions (Sec.<>.SP.~ . Section 18. I98:t 'Section 14 guarantees the right to speedy trial in criminal cases.S.i.i.V.t (2) The right to a speedy disposition of cases can be invoked only after the termination of the trial or hearing of a case.eright to a sp~~dy disposition of. L-61388. (l).ic. 3 (. the disposition of cases creates mistrust of the government itself and this may pave the way to one's taking the law in his own hands to the great detriment of society.) This topic is further discussed under Article VII (Executive Department)....l~s the State "to hold in preventive-i'inpr1~~. (see Art.. 126 and 204.>lds the time-hQnored_ traditj.~t_i_'l~(Qt as &tate. 14[2].. Sec.ple's re~. quasi-judicial. April 20.pe~dy iu. 15l1J. . but also before "See Padilla vs.§tic~ denWL" Its express inclusion was in response to the common charge against the perennial delays in the administration of justice which in the past has plagued our judicial system.e.2 </) Under the present Constitution.'o:r cqrpm.>tigation and trial of perscms who_ E. VIII. a court litigant will not have to·wait indefinitely anymore for his case to be decided. see Sec. or adminis· trative bodies.c. 13. On the other hand. Right to speedy disposition of cases. 14. It is consistent with reasonable delays and usually depends on the circumstances.) With the setting of an absolute time limit in the disposition of cases. 16.>[ "tl"). all lower collegiate courts.the.d.and faith in. 8 Examp1Ps of mea11ures intended to promote expeditious dispensation of justice are Presidential Decrees No. All persons shall have the right to a speedy disposi· tion of their cases before all judicial. One need not stress the fact that a long delay in. th~__o]?_s~rvan.:~~. 16 ART. the Supreme Court.. 26.han~~-s.wra.C.<>.Y_EITnm. T!t~.l!Il_g i_n_v.P~Q.their.nli!~nt~~c..~b.exi_st~nc~.) The provision contemplates the disposition of cases involving private interests not only before judicial bodies (i... Ponce Enrile. and all other lower courts are required to decide or resolve cases within a certain period of time.P~~vileg.J~n: 1huruv . it is necessarily relative. courtsi.eof the writ enab. 77.2ld fi.BILL OF RIGHTS 117 The suspension _?f tl't~ .~. Section 16 covers all phases of any case before judicial.th.9~}Ji_y~ ~S...lot agafnst it.it acts that . iQ. their ca~~~:~n.~m.''" (see Sec..r.u~Ls. in.<.i'l. 2 Beavers vs. or administrative bodies from its filing to its disposition. . quasi-judicial. lll. 198 U.).P!~visj..



Sec. 17

quasi-judicial (i. e., executiv~ agencies performing adjudica tory functions similar to those of courts, like the National Labor Relations Commission, Securities and Exchange Commission, etc.) a nd administrative bodies (i. e., executive agencies perform ing limi te d adjudicatory functi ons, such as the bureaus under the differ ent departments).

SEC. 17. No person s hall be compelled to be a witness against himself.
¥ight against self-incrimination.

No person s hall be compelled to be a witness against himself. (Sec. 17 .) This is a protect ion against self-incri mination which may expose a person to criminal liability. It is founded on grounds of: ( 1) Public policy, because if the party is thus required to testify, he would be pla ced .. li.n der the strongest temptation to commit the crime of . pe_~:u.r1; and (2) Humanity, because it prevents the extor t ion of confession by duress. 1 - -- -.... Th e constitution a l gu ara ntee protects as well the right of the accused to silence, and his silence, meaning, his failure or refusal to testify, may not be used as a presumption of guilt or t aken as evl'dence against h:m. 2
Scope of guarantee.

The right against s elf-incrimination applies in crimina l cases as well as in civil,·administrative, and legislative proceedings where the fact asked for is a criminal one. It protects one whether he is a party or a witness.3
Nature of guarantee.
(1 ) rl!.e._ right _ i~_ _purely persona l an_ t;l ma,y_l,>_e,_W.4.i.v.~ ~- It was never intended to permit a person to plead th e fact that some t hird person might be incriminate d by his testimony, even though h e were t he agent of such person. 4 (~ ) It may not be invoked to protect a person against being compelled to testify t o fac ts which may expose him only to public ridicule or tend to disgrace him ;

C i ) It may not be invoked simply because the testimony might subject one to some liability not arising from any criminal a ction;

1 U.S. vs. Navarro, 3 Phil. 63 . zu.S. vs. Luzon , 4 Phil. 343; Chavez vs. Court of Appeals, 24 SCRA 663. JBermudez v.:;. Castillo, 64 Phil. 483; McCarthy vs. Arnsdtein, 266 U.S. 40. 4 People ve. Alegre, L·30123, NQv. 7, 1979; Hale vs. Henke l, 201 U.S. 43.

Sec. 18



(4) It is applicable only to a _pr_~s~nt n.ol fl__p_~~.! .£.riminality _which involves no present danger of prosecution. Hence, a witness cannot refuse to testify as to a crime which has already prescribed" (i.e., the crime is no longer subject to prosecution due to the lapse of a certain period of time); and

f5) It can be availed of only against testimonial compulsion.

Form of testimony prohibited.

The constitutional guarantee that no pers~m shall be compelled to be a witness against himself is limited to prohibition against <;,ompu~o.ry_tesn­ mQ.niC1!...§.~lfiA~l-ill}jQ~!!Ql!..- extricating from defendant's own lips, against his :will, an admission of his guilt. ylt extends to the production by the accused of documents, chattels, or other objects demanded from him, for then he is compelled to make a statement, express or implied, as to the identity of the articles produced. 6 The refusal of a person to produce a specimen of his h.~D.!iw...riting is also included within the privilege. The reason is that writing is not a purely. mechanical act. It requires the application of intelligence and attention and is equivalent to testimonial compulsion. 7 However, there is no violation where:


the accused is forced to discharge morphine from his mouth;8

~) the accused is compelled to place his foot on a piece of paper to secure his footp1·int; 9

(;~,) the accused is compelled to be photographed or to remove his garments and his shoes; w
(4) where a woman accused of adultery is compelled to permit her body to be examined by physicians to determine if she is pregnant; 11 and
V$) th~. uolly~tary col):_fe~~!9n (given in the preliminary investigation) of

the accused is admitted at the ·trial. 12
SEC. 18. (I) No person shall be detained solely by .reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shaD exist except as a punishment for a crime whereof the party shall have been

duly convicted.
lbid. Wigmore, pp. 864-865. 7 Beltran vs. Sam:-;on. 53 Phil. 5 70. 8 U.S. vs. Ong Siu Hong, 36 Phil. 7:'15. 9 U.S. vs. Sale:-;. 25 Phil. 337; U.S. vs. Zara, 42 Phil. 308. 10 People vs. Otadora, 86 Phil. 244. 11Villaflor vs. Summet·.s, 41 Phil. 62. 12 People vs. Carillo, 77 Phil. 572.




Sec. 18

Right against detention solely by reason of political beliefs and aspirations.

(1) In.ca.rc..e.m iio_n,y.;i_(hQut r,:h.fJ.rges qf~pqfiJi&aJJlri§ongs."- Upon the declaration of mar t ial law on September 21 , 1972 under Proclamation No. 1081 of the then incumbent Presi dent , the military establishment carried out a nationwide arrest and detention of known political opponents and critics of the administration. Thousands of people were arrested and jailed during the whole period of martial rule for a ttacking certain acts and policies of the President, for exposing graft and corruption in the govern· ment (or even cracking jokes about its slogans) for criticizing the President and members of his family, for being m embers of cause-oriented and nationalist organizations, etc. Many remained in incarceration for years without charges filed against them. They came to be known as "political prisoners" or "political detainees."

Even after the lifting of martial law by Proclamation No. 2054 on January 17, 1981 up to the February, 1986 "people power revolution," the privilege of the w rit of habeas corpus remained s uspended "for the crimes of insurrection or rebellion , subversion, ccnspiracy or proposal to commit such crimes and for all oth er cr imes and offenses committed x x x in connection therewith." Many more were arrested and detained after the lifting of martial law, for denouncing, among others, the authoritarian rule of the President, human rights violations by the government, and enrichment in office of people close to the President and the First Lady, for advocating political, social and economic reforms, for espousing a lltgedly radical doctrines, or for participating in protest movements and demonstrations, or on mere suspicion of being subversive s or communist sympa· thizers, and then charged with having committed crimes against national security and public order.
(2) ~-E¥2£antee agg!.l)§!.t hay!rtDr:.i.§.9TY!!..§...of. conscience." - The inclusion in the Constitution of the right against detention merely by reason of one's political beliefs and a spirations is a r esponse to these r ecent events in our history a nd manifests the great importance t he framers attach to it s protection. It is a positive declaration that within the democratic fram ework, the

w t)ple, for example, can freely s peak of what they think is wrong with the
government and its leaders, or seek changes in the government and its policies which they believe to be necessary or the r emoval of publi c officials unworthy of their (.rust. It is a guarantee that h enceforth , one can voice his contrary views and ideas about the exist ing politi~al and social order, t hat he can articulate his hopes and aspirations for the country, without peril to his liberty. (e:ee Sec. 4.} It is a prohibttion directed to the government against having "prisoners of conscience."
Meaning of involuntary servitude.
l.ml.gl~J:llt~,n_!?__l}r:_r;i~~ge denotes a condition of enforced, compulsory service of one to another. It has been a pplied to any service or labor which is not

Sec. 18



free, no matter under what form such service may have been rendered. 1
It includes:
( 1 l SlaveQ' or the state of entire subjection of one person to the will of anothet·; and

{ 2) feonage or the voluntary submission of a person (peon) to the will of another because of his debt. The term "slavery" is not employed in the Constitution because slavery, as it existed in Europe and America, has never been practiced in the Philippines.
Purpose and basis of the prohibition.

The purpose is to maintain a system of completely free and voluntary labor by prohibiting the control by which the personal service of one is disposed of or coerced for another's benefit which is the essence of involuntary servitude. 2 Human dignity is not a merchandise appropriate for commercial barters or business bargains. Fundamental freedoms are beyond the province of commerce or any other business enterprise. 3
~~p_ti_o~s_ t()_P!.9.1J.iP.iti()f1.:

Not every form of fon~ed labor is within the scope of the provision. Thus, the prohibition does not apply:



when the involuntary servitude is imposed as a punishment for a whereof the party shall have been duly convicted <Sec. 18[2].);

~) when personal military or civil service is required of citizens for the defense of the State (Art. II, Sec. 4.);
~m to injunctions requiring striking laborers to return to work pending · settlement of an industrial dispute; 4

(4) to exceptional services, such as military and naval enlistment. ThuS, a statute punishing sailors who desert their ship do not contravene the constitutional provision. From immemorial usage, sailt1rs may not leave their ships during a voyage;''
,5.) to exerci.se by parents of their authority to require their children to perform reasonable amount of work; and

(6) when there is a proper exercise of the police power of the State.
(supra.) Thus, persons may be required to assist in the protection of the

Rubi vs. Provincial Board, 39 Phil. 660. See Bailey vs. Alabama, 269 U.S. 269: Pollock,.~. \\'iJ::am.<, :~22 U.S. 4. ~caunca vs. Salazar, 82 Phil. 851. •Kaisahan ng mga Manggagawa sa Kahoy \·:.. Gotamco Sawmill, 80 Phil. 521. "Robertson vs. Baldwin. 165 F S. i'].').




Sec. 19

peace and order of the community, 6 or to help build or repair public highways and streets. 7

SEC. 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Ne ither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall b e reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against .any prisoner or detainee or the use of substandard or inade.«fuate penal facilities under subhuman conditions shall be d"alt with by law.

Right against excessive fi~es.


Tl}e__q~~-!?tj_q~ !!tl<!. th~ -~.!P.QUJ)J qf.th_e _fin ~l!l..~~-~! ~~ll_J:>e impose ~. i~e addressed .to .the sound...di..scretion .af..the ..cow:.t. Jf it keeps within the limits of a statute, the fine cannot usually be held unreasonable. 1 Courts will be justified in declaring a fine prescribed by a statute excessive only when it is cle arly so, considering the nature of the offe ns e and t he ability of t h e person punished to pay the fine.
Right against cruel, degrading, or inhuman punishments. ·
~rtur.e.. LSe.c....l21.2.1),

This right as.. con.tra~distin guished .from the right.. against the use..of can only....be..inY:oked.aitez:...c.onYic.ti.un.for a crime. (1 ) 8.arm afpun ish ment. -- It can be said that punishments are cruel and/or inhuman whe n they involve torture or lingering death, such as burning a live, mutilation, starvation, drowning, and other barbarous punishment. The punishment of death by hanging, electrocut ion , or musketry is not considered cruel within t.he meaning of t hat word a s used in the Constitution. 2 Nor is it inhuman. l.2f${i&rLP or banishment from a certa in locality as a punishment is neither cruel nor inhuman and s o valid, 3

f}!Q i S QID~!!..~j!L~llg. wrumil.bring,a_s_hame and humiJ.ia.tlim.. tQ. .~ ~!..2~·~po ses him to .~n~:mp~ o.r ri<!i ~.~l~.... 9..rJowenL.hiA...diinity and

!i~-.. :.r.~~ _p~C!__E..~!!_h Ulll~!l.P~i-~_g.



U.S. vs. Pompeye1, 31 Phil. 245. ' Henlev vs. State, 41 SW 352; Dennis vs. Simon, 36 NE 832.


'U.S. V l>. Valera, 26 Phil. 898; U .S. v~;. Sing, 37 Phil. 211. See Weens vs. United States, 217 U.S. 349. snut ace Ibid.

Sec. 19



(2) /iJ.usm.t.ity o.r._.r:iJJ.r.aJ.i.Qll.JJiP.Ull~t. - It is ordinarily not taken into account in determining whether the punishment is cruel or inhuman. Hence, the mere fact that a punishment is displ·oportionate to the natul·e of the offense would not make it cruel or inhuman. But all punishments greatly disproportionate to the nature of the offense as to be shocking to the human conscience would be both cruel and inhuman. Thus, the penalty of life imprisonment or even death is not cruel nor inhuman when imposed for treason, parricide, murder and other heinous offenses especially when aggravating circumstances attended their commission; but it is cruel and inhuman if imposed for petty crimes like slander or theft of small value. It is not to be lost sight of that to be prohibited by the Constitution, the punishment need only be cruel, degrading, or inhuman.

Purpose of the guarantee. The purpose of the guarantee is to eliminate many of the barbarous and uncivilized punishments formerly known, the infliction of which would barbarize present civilization. 4 The Constitution mandates that the employment of physical, psycho· logical or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions should be dealt with by law. (Sec. 19[2}.) This cuntemplates the improper, unreasonable, or inhuman applicatjon of penalties or punishments (Sec. 19[1].) on persons legally detained. Imposition of the death penalty.
Section 19 abolishes the death penalty. It shall not be inflicted unless Congress decides to reinstate it ''for compelling reasons, involving heinous crimes" in which case it shall apply only to such crimes subsequently committed.5 Death penalties already imposed upon the effectivity of the new Constitution were automatically commuted to reclusion perpetua or life imprisonment. (Sec. 19.) The Constitution does not define what are ':Q._e.jn.oul5..crimes" but they can be said to cover offenses that are exceedingly. or .flagrantlf.had or.Wl o.r..t.b.qs_e .~o.mmi.W~cl...w.ith ..~l'tr~-m~LqY..~U.Y. ..a..s.... to shock the _ggD~.r-~Lmoral ~· such as treason, parricide, drug-trafficking, murder. robbery with homicide, rape with homicide, killing a person in stages. etc., especially if the crime is committed against children or defenseless people.

4See McEivaine vs. Brush, 142 U.S. 155. Examples of such punishments are those inflicted at the whipping post or in the pillory. burning at the stake, breaking on the wheel, disemboweling, and the like. ~R.A. No. 7659 (D.ec. 13, 19~3) restores the death penalty on certain heinous crimes and R.A. No. 8177 designates death by lethal injection as the method of carrying out the capital punisfiment-or death amending for this purpose the Revised Penal Code.



S()C. 19

( 1) Arguments against death penalty. - The propon ents of th e abolition of the death penalty are of the opinion that:
~) It is cruel a·nd inhuman for the convict and family who are traumatized by the waiting e ven if it is never carried out;

(~ There is no conclusive evidence from penologists that it has a special deterrent effect on criminality ;
(c) It deprives the cop..via-ora.' chance of rehabilitation and reform ation, death being ir:t;€versible;

(d) There is always a possibility of\error in condemning a person to death;6 and \

(~ The state has no right to deprivh._~ person of his life; God is the giver of life and only He can take it. 7
Those who advocate the (a ) It is not cruel and inhuman because the manner by which it is executed (now by lethal injection) does not involve physical or mental pain nor unnecessary physical or mental suffering, and it is imposed only for heinous crimes; (b) It does discourage others from committing heinous crimes" and its abolition will increase the crime rate;
(c) A convict by his own acts has forfeited his right to life and sho~n his moral incapability to be reh abilitated and reformed;a

(2) Arguments in favor of death penalty. retention of death penalty say:

6 Th is raises the question of making a judgment on which is the greater evil: to take the life of an innocent person or to allow a vicious criminal to live and po!!Ribly escape prison. 1The Catholic Church has been the foremost advocate of pro-life movements acknowledging and defending the right to life. The Catechism of the Catholic Chur ch Cl992 edition>says: "The t r aditional teaching of the Church has acknowledged as well-founded the righ t and duty of legitimate public authority to punish malefactorR hy means of pena lties' commensurate with the gravity of the crime, not excluding in cases of extreme gravity the death penalty." (Catechism. Section 2266.) The 1997 revisio n on the death penalty states in relevant part: •Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense ... . Assuming that the guilty party's identity and responsibilit.y have ~o fully det ermined , t he traditional t eaching of t he Chur ch does not exclude r ecourse to the death penalty, If this is the only possible way of effectively defending human lives against the unjust aggressor." The new language basically cortveys the same idea as the 1992 edition. The doctrine, however, remains the same: th e right should be exercised only in cases of absolute necessity, that is, 'when it would not be po!!sible otherwi.se to defe nd society." In the Encyclical "The Gospel of Life" (March 25, 1995), Pope John Paul II declares that today as a r esult of steady improvements in the organization of the penal system (No. 56), the cases of absolute necessity are very rare, if not practically n on-existent. 8 Pra.ctically all human beings fear the loss of thei r lives so that the death penalty cannot but have a powP.rful deterring influence on humnn conduct. ~There is no statis tical evidence to prove that punishment by imprisonment alone has been effective for purposes of rehabilitatio n of criminals, particularly wit.h the subhuman con ditions in our penal ins ti tutions.

s~c .




(d) Its imposition is filled with numerous legal safeguards; 10 and (e ) The State has the absolute right to take the life of a person who

h as proved himself a great menace to society by way of self-defense and
as an example and warning to others. H

SEC. 20. No person shall be imprisoned for debt or nonpayment of a poll tax.
Meaning of debt.

Debt.. as intended to be covered by the constitutional guarantee, means any liability to pay money arising out of a contract, express or implied. 1
Purpose of prohibition against imprisonment for debt.

The prohibition was brought about by the force of public opinion which looked with abhorrence on statutes permitting the cruel imprisonment of debtors. The Constitution seeks to prevent the use of the power of the State to coerce the payment of debts. The control of the creditor over the person of his debtor has been abolished on humanitarian considerations. One should not be punished on account cf his poverty.

Mm:e.oxer, the..g.oy.ernm.entis..Jl.Gt a proper .par~ .to.. private disputes. It should not render its aid to one who deems himself aggrieved by ~mprison­ ing the other for failure to pay his debts. 2
.:But if the debtor has property, the creditor has the right in a civil case to have such property attached (i.e., taken into legal custody) as a means of enforcing payment of the debt.

. Rroh ibiti.o.n.limi.ted....to..cmltractual obligatioas ~The inhjbition was never meant to include (1) damages ansmg in action ex delicto (criminal actions), for the reason that the damages recoverable therein do not arise from any contract entered into between the parties, but are imposed upon the defendant for the wrong he has done and
10 Although the death penalty has a lways been part of the ;;tatute book. specifically the Revised Penal Code, a nd many sentences h ave been imposP.d , very few executions have been cttuied out. The first execution by letha l inj ection of a conv icted rapist was carried out on February 5, 1999. It was 26 y~ars ago during martial law ..,.-hen a military tribunal imposed the deat.h pena!ty by firing squad on the h ead of a dn::g-pu:;hing syndicate. He was shot in public. 11The State derives its authority ultimately from Gi:>d. ~ay not a criminal's right to life give way to the right of s<><:i~ty tc salf-defense''


'Tan vs. Stewart, 42 Phil. 809. S ee Canaway V!; . Quintin, 42 Phil. 802.



Sec. 21

are con sidered a s a punishment therefor, nor ( 2) fines and penalties im~ posed by the cour ts in criminal proceedings as punishments fo r crime. 3 !A pe.x:sruuna.~J>.e...imJ.U'.lli!?..!l~.dJ.9J.:..failur~ to__ paJ!_t~ (as it is not a debt). In other words, debt , as used in the Constitution, r efe rs to civil debt or one not arising fr om a criminal offen se.
Meaning of poll tax.

A p.alL Jax (or personal or capitation tax) is a tax of a fixed a mount im posed on individuals r esiding within a specified territory, whether citizens or not, without r egar d to their property or th e occupa tion in which they may be engaged.4 The community tax (formerly r esidence t ax) is in t he nature of a poll tax . Purpose of prohibition against imprisonment for non ~ payment of poll tax.


/ '

The constitutional right is a m easure dictated by a sense of h umanity an d sympathy for t he plight of the poorer elements of th e population who c)fnot even affor d to pa y their ced ula or poll taxes, now community t ax.5 t. , But a person is s ubject to impr ison ment for violations other t han for non-payment of the commu nity tax (e.g., f~§if!c~.tj Qp_g.fJh.e COm.J.!!UQ .ity t.l:i.X.. certificate), and for non-payment of other taxes if so expressly provided by th e pertin ent law. SEC. 21. No person s h all be twice put in jeopard y of punish· ment for the s a m e offense. If an act is pwlished b y a law and an ordina nce, conviction or acquittal under either shall constitute a b ar to anot h e r prosecution for t h e same a ct.
Right against double jeopardy.

The r.ight_gggj_~~t_Q,OY..Q!_ej_egn.fy:sJ~ means that when a person is charged with a n offense and the case is ter minated either by acquittal or conviction or in any other manner without the express consent of the accu sed, the latter cannot a gain be charged with the sa me or identical offe nse .1 The guarantee protects against the perils of a- second punishment a s well as a second trial for the s a me offense.

3/bid . 'See 51 Am. J ur. 660. lV.G. Sinco, op. cit. , p. 682.
1 Melo vs. People of the Phils ., 85 Phil. 766; Rule 116, Sec. 1; Rule 117, Sees. 5. 9 ; Rule 118, Sec. 1.

Sec. 21



B.eq.y!sjt~~ tc:>r. exJste.n(:.e. of. do.~ble. j~p~r~Y~. Und~r present law and jurisprudence, the accused is pJaced in double jeopardy if the following conditions are present: ()!} He has been previously brought to trial; (;l) In a court of competent jurisdiction (i.e., court having jurisdiction);

(3) Under a valid complaint or information (i .e., sufficient in form and substance to sustain a conviction); (4) He has been arraigned (see Sec. 14[2].} and pleaded (either guilty or not guilty) to the charge; (~) He has bee11 convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and He is being charged again for the same offense.2 The right cannot be invoked where a petition for a declaration of a mistrial is granted on the ground that the proceedings .have been vitiated by lack of due process, e.g., the prosecution and the judge who tried and decided the case acted under the compulsion of some pressure which proved to be beyond their capacity to resist and which not only prevented the prosecution from offering all the evidences which it would have otherwise presented, but also predetermined the final outcome of the case. A re-trial becomes necessary. 3
Right to appeal in criminal cases.
~ 1) The gox.er~ has no right, therefore, to appeal from a judgment of acquittaL (tt} The Wd:Used.,. after having been convicted, may appeal to a higher court, but the latter may raise the penalty imposed on him by the lower court and such is not secondjeopardy.4

Classes of double jeopardy.

It is to be observed that the provision deals with two classe:> of double jeopardy. .{1) Under the first sentence, the protection is against double jeopardy for the same offen8e and not for the same act, provided he is charge-d with a different offensetso an aci may give rise to more than one offense) except if the "act is punished by fl law (enacted by Congress' and an ordinance" (enacted by a local legislative body) in which case -conviction or acquittal under either shall constitute a bar to another prosecution for the same act."

See Rules of Court, Rule 116, Sec. 1; Rule 117, Sees. 5, 9; Rule 118, Sec. 1. Galman vs. Sandiganbayan, 144 SCRA 43, Sept. 12, 1986. •Kepner vs. U.S., 195 U.S. 100; Trvno vs. U.S., 11 Phil. 726.




Sec. 22

for 'the same ac! (e .g., 1llegal const ruction)

~) The second sentence contemplates double jeopardy of punishment. ~nd it applies a lthough the offenses charged are di fferent, one constitu~i{ig a ~·iolation of a statute a nd the other of a n ordinance. /

SEC. 22. No ex post facto law enacted.
Meaning of ex post facto law.

or bill of attainder s hall be



is one wh ich, opera ting retrospectively -

(rJ makes an a ct done before the passage of a law, innocent when don e, criminal, and punishes such act; or

aggravates a crime or makes it greater than when it was commit-

ted; or

(3) changes the punishment and inflicts a greater punishment than what the la w annexed to the crime, when committed: or
(4) alters the legal rule s of evidence, and r et:eives less testimony than or different testimony from what the law requ ired a t the time of the commission of the offense, in order to convict the otfend er. 1
CbaraQter_i~1iC~_9.f expo~t taJ:~o _Ia~.

They are: (}) Ex post facto laws relate to penal or cri minal matters only {c;iY.il. iQ.~~[.~$tl'UU.e protected.by the.. nan-impairment clan~); G2) They are retroactive in their operation; and

C~) They deprive persons accused of crime of some protection or defense previously avail able, to their disadva ntage. E x post fact o laws are absolutely prohibited unless they are favorable to the accused.
An example of an ex post fa cto law is a statute declaring as usurious a nd unlawful, the rate of interest provided in a contract which was not usurious under the laws in force a t the time of the execution of the contract. 2 Not e: Usury is no longer punish able by lcnv.
Meaning of bill of attainder.
~. bill ofattaindg_r is a legislative act which inflicts punishment without a judicial trial.

If the punishment is less than death, the act is ca lled a b.il. l .9[p_gjft...uJJJ,...d It is included within the meaning of bill of attainder as used in the Constitution.
'Ca ld~r

vs. Hull, a Doll. 385; Me kin vs. \\'o lfe, 2 J'hil. 74. U.S. vs. Conde, 42 Phil. 766.

S. or simply. 4 .BILL OF RIGHTS 129 Purpose of prohibition against bill · of attainder.S. trial h)' legislature. The prohibition against the enactment of bills of attainder is designed as a general safeguard against legislative exercise of the judicial ft. 3 Ql') A law passed declaring members of an association guilty of subversion and subjecting them to imprisonment is unconstitutional because it convicts and penalizes without the benefit of judicial trial. the Congress assuming the r ole of a judge and giving no hearing to the parties.S. Hence. . 303. it is a necessary extension of the wellrecognized power of the State to hold a criminal suspect for investigati(m. Carlos. 'People vs.nction. (1) In a case where a law passed by the United States Congress declared in une of its sections that three government employees named therein were not to receive any salary after a certain date because of their subversive activities.Sec. Supreme Court held that the enactment was in the natur e of a bill of pains and penalties . the U. 22 ART. ( ~f But the detention of a pri soner for a certain period pending investigation and trial is not a punishment. 78 Phil.oOo- 3 U. Lovett. llL . 535. 328 U. the provision was void. vs.

To be a Filipino citizen. Distinguished from nationality and nationals.hts. He is a member of a democratic community who enjoys full civil and political riP. C. the terms "citizenship" and "citizen" do not exactly mean the same as "nationality" and "national. which membership implies. 1973. of Filipino mothers. a person must belong to any of the classes of citizens enumerated in Section 1.i~*m is a per son having the t itle of citizenship. 1 a nd is accorded protection inside and outside the territory of the State. reciprocally. (a) Those born before January 17. 130 ." The latter t e rms have a broader meaning. and t•) Those who are naturalized in accordance with law. Along with other citizens. The following are citizens of the Philippines: {1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. From the point of view ofintemationalla w. embracing all who owe allegiance to a state.Article IV CITIZENSHIP SECTION 1.p is a term denoting membership of a citizen in a political society.itizellfihi. who elect Philippine citizenship upon reaching the age of majority. they compose the political community. without thereby becoming 1 Subject to special disqualifications provided by law. a duty of allegiance on the part of the member and duty of protection on the part of the State . Cit. <2) Those whose fathers or mothers are citizens of the Phil· ippines. Meaning of citizenship and citizen. whether democratic or not.

(f. They are: Inv. namely: ( 1) J. In a monarchial state.S l(J. prior to the granting of Philippine independence by the United States on July 4.u.~ s_oli.CITIZENSHIP 131 citizens." He is not given the full rights citizenship (such as the right to vote and to hold public office) but is entitled to receive protection as to his person and property.Cf. General ways of acquiring citizenship. A citizen is a. This is the predominating principl e in the Philippines (see Sec.~ountry. and Y.inis.sangu. he is often ca lled subject. but because they owe allegiance to it. / ·' "" An q. (infra .ntry .€n is a citizen of a cou. There are two principles or rules that govern citizenshi p by birth.!'Ilember of a democratic community who enjoys full civil and political rights.. .Sec.s.who is residing :n or passing through anqthe. the Filipinos were deemed American nationals because they owed allegiance to the United States but were not citizens thereof. therefore. lV.o. . While all citizens are nationals of a state.ltgd . Meaning of subject and alien. '!'his principle prevails in the United States. not all nationals are citizens of a state. The children foll ow the citizenship of the parents or one of them. . and (2) J¥.J!J.. .By naturalization. He 1s popularly called "foreigner. to.Place of birth serves as the basis for acquiring citizenship under this rule. 1[2].I.By birth.o. -Blood relationship is the basis for the acquisition of citizenship under this Tule. because of blood rt:!lationship or place of birth.) Citizens by birth. .natural-born and naturalized citizens.Ql!IJJ:"jgr:t.lunJaty.methili:L . 1946. are not regarded as aliens. say that the nationals of a state include not only its citizens whl) enjoy full civil and political privileges but also all others who are not its citizens.. !J1~J. We can. except in case of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one state to another as a r esult of conquest or treaty. A person becomes a citizen of the state where he is born irrespective of the citizenship of the parents..) . Thus. 1 ART. It does not mean though that the principle of jus sanguinis is not likewise r ecognized. These two modes of acquiring citizenship correspond t o the two kinds of citizens.

'See VillahermoRa vs. 11 4) th ereof. (Art. Sec.' If he is born after the ratification of the 1973 Constitution on J anuary 17. foll ows the principle of jus sanguinis. The purpose of Section 1(1) is to protect the status of those who were already citizens at the time the new Constitution took effect.three yeau after reaching such age. III. or the chlld's fathe r or mother is an alien whose country follo ws also the principle of jus sanguinis. (3) Those who elect Philippine citizc:1ship purs uant to the provisions of the Constitution of ninete en hundre d and thirty-five. upon reaching the age of majority. it would be a case of dual citizenship. a child born of a Filipino mother. )i'he father or mother may be a natural -born Filipino or a Filipino by n aturalization or by election.132 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 80 Phil. he has an inchoa te right to Filipino citizenship. election should be made within . Corom. elect Philip pine citi1.1s of those who acquired their citizenship through fraudulent means. 129. In the de termination of the citizenship of the child. However. The Philippines. 1987 by virtue of Proclamation No. 58 of the President.) The phrase "upon reaching the age of majority" has been construed to mean within a reasonable period after reaching the age of the majority. who was married to a forei gner. 1. of Sec. A Filipino citizen under the 1973 Constitution who has lost his citizenship at t he time of the ratification of the new Constitution is not a citizen of the Philippines. (see Sec. a child born of a Filipino citizen is a citizen of the Philippines although illegitima te since the Constitution does not m ake any distin ction.) . 1948. Under the provision.e nship. 54l: But there is no need to elect Philippine citizenship if during his minority his mother reacquire~ her citizenship. in accordance with Section 1. l Citizens at the time of the adoption of the Constitution. The citizens referred t o a re those considered Filipino citizens 2 under the 1973 Constitution at the time of the effectivity of the new Constitution on February 2. 1~73. 1973 Constitution . S . ) Citizens through election under the 1935 Constitution. ilf the child is born in a state where the rule of jus soli obtains. it is not the intention uf the Constitution to legalize the stat1. This dignifies the Filipino woma n. Generally. of Justice No. paragraph 2. 4. Under the 1935 Constitution. ~ Prior to such election. VI. Sec. Citizens by blood relationship. of Immigr ation. Filipino mothers are placed by the Constitution on equal footing with their husbands. (4) Those who are naturalized in accordance with law.) aThose whose mothers are citizens of the Philippines and. (Op.'' (Art. he is a citizen 2 (1) Those wh o are citi:zens of the Philippines at the time of the adopti•>n of this Con stitution. (2) Those whose fa •hers or mothers arc citizens of the Philippines. is born an alien and remains an a lien during his minority until he elects Philippine ci ti zenship. .

t. 7(lj.er. Art. only qualified citizens can exercise the right of suffrage. 4. XI.t. l[lJ. • . may become citizens by naturalization. Sec. 20.. 16.l.. as it is now.:paren. 10. Citizens by naturalization. 1[1]. Art. Section 1.e. In other words. Art. 12. -. Art. then it is likely that the nationalistic provisions of the Constitution would be reduced to a barren form of words. 4[21.WltJ_he citizenship of hi. 15.Under our Constitution and our laws.ct. Sec.. XVI.) However.. they ar e now declared as natural-born citizens. under the Constitution. Ombudsman or his Deputy unless he is a natural-born citjzen of the Philippines.CITIZENSHIP 133 under Section 1. 1. Sec.PhiliP.r.mo. ja. making the < :hildren of a fem ale citizen Philippine citizens without having to make an election.the.l From these positions. 14. (see Art.o:w.also no need to ele. there are certain rights and privileges that could be enjoyed only by Filipino citizens. 2. Art. paragraph 3 in relation to Section 2. even those who are not Filipino citizens at birth and who cannot take advantage of the right given to the children of Filipino mothers. Sec. The rule then. (2) Constitution nationalistic in character.. 1 u/6ertain rights and privileges. XII. or member of any of the Constitutional Commissions. Thus. IV. (3) Care in granting or denying privilt!ge of naturalization essential. is that a Filipina does not lose her citizenship by her marriage to an alien. naturalized citizens and citizens by election are barred by the Constitution. 13. D-Sec. <Art. VI.. Sees.Hencf. VII.oJl9. In the contemplation of the Constitution. ~'Q_ill~timate chU4. Under Section 1.n. it was not clear whether those who had elected citizenship under the 1935 Constitution (having been born before the effectivity of the 1973 Constitution on January 17. VIII. or appointed member of the Supreme Court or any lower collegiate court. he is a citizen from birth.) Even the Preamble speaks of "our patrimony" and of securing to ourstlves and "our po ~ terity " the blessings of independence and democracy. In the latter instance. or of the Central Monetary Authority. XII.th.llinf~. paragraph 2 thereof. IX.a. (see Art. 3 and 6. If the privilege ofnaturali:r. Sec.he. . duties and obligations limited to Filipbio citizens.Sec. Art. Sees. Sees. 8. citizenship may not be based on the principle ofjus sanguinis. C-Sec. V. 2 and 3. Art. Sees. 1 ART. -. 11. (Sec. 1( 1]. XIV. 3. paragraph 4 which declares as citizens of the Philippines "those who are naturalized in accordance with law" possesses great significance. 1973) are to be considered as natural-born Filipino citizens.kgaliy_kn. 1..) N') person may be elected President or VicePresident or member of Congress.ation would be granted on easy terms to foreigners not seriously intent on acquiring Filipino citizenship but only desirous of improving his economic condition. B-Sec.The Constitution is na~ tionalistic in character.

J. Pol. . 3. 4. Perha ps the ideal is that only those who have come to love the country. It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. 9 Ng Sin vs.he policy on naturalizat ion should be guided by our own national interest. Phil. Jur. He must have all the qualifications and·none of th e dis qualifi- ~&!e F. favor or privilege which a sovereign government m ay confer on. 9A8. Genera l Estelito P.e state and clothing him with the rights and privileges of citizenship. who h a ve integrated t hemselves into the cit izenry. 8See 3 C. Re public. No. too rigid an application of a naturalization law m ay prevent t hem from attaining Philippine citizenship.134 TEXTBOOK ON THE PHIUPPINE CONSTITUTION Sec. be he a subject of the most powerful nation of the world. Fer nando. extreme care must be taken that our naturalization law. ll 5. . 1 On the other hand. such doubt should be resolved in favor of the State and agains t the a pplicant for n a turalization. Citizenship is a m atter of grace.sowt. 270 and Naturalization. and no alien. inherent or vested right to be admitted to citizenship in a state.16999.T. Vol. and who can cont ribute to the development of the nation should be conferred citizenship by naturalization. an alien or grant to him under such conditions as it sees fit without the support of any reason whatsoever. A person may be naturalized in three ways: (1 ) By judgmen~e:.M. -The foreigner who wants to become a Filipino citizen must apply for naturalization with the proper Regional Trial Court. Na turalization is the act of formally adopting a foreigner into the politic~fi)~dy·Of-tfi. L.7 Nature of naturalization. 651. Mendoza. the rule is t hat in case of doubt concerning the grant of citizenship. p. 10 Ways of acquiring citizenship by naturalization. 6 Meaning of naturalization. or withhold fro m. in barring undesirable aliens. For them. Rep ublic. can take such cit izenship for granted or assume it as a matter of right. p. is always a privilege. IBP Journal. 7 2 Am. Ju ne 22. Not only they but the country may be the loser." by Sol. 265. •see ~LOI No.8 Citizenship in our Republic. does not unduly discourage the worthwhile aliens who are likely to be valuable additions to the ranks of Filipino citizens. wcheng vs. 9 In view of the above principles. be it ever so small and weak. 97 Phil. Law. 5 (4 ) Ideal policy on naturalization.. . 832-834. An alien does not h ave a natural.S. 1965.

No. or (2) Jb. Such law shall also continue in force pursuant to the transitory provisions of the Constitution (Art. and C•) do not have to perform any act to acquire his Philippint> r.o!lgress. (N. of the Philippines.s. or a Filipino fath"'r or a Filipino mother after the ratification of the 1973 Constitution on . our law-making body simply enacts an act directly conferring citizenship on a foreigner.~ur~~:!!or'!:. The Revised Naturalization Act 11 is the present naturalization law._- HC..). 2 ART.Under R.cJ.Sec. subject to certain requirements dictated by natiqnal security and interest. 3. 9225.she does not have any of the disqualifications under the law. lt would seem that a natural-born citizen who has lost his citizenship but subsequently reacquired it is not a natural-born citizen in view ofletter (b) above.A. 8. .O. R.§. Sec. No.mls and none of the disqualifications provided in the law.. 9139 (Jan. those who are citizens of the Philippine~·fr.. as amende% An alien woman married to a foreigner who subsequently becomes a naturalized Filipino citizen acquires Philippine citizenship the moment her husband takes his oath as a Filipino citizen provided . 1379.~.. all citizens are naturalborn except ~hose who are naturalized and who subsequently reacquired ( 1) IY. includes the citizens mentioned in No.irect_ act of C. 473. .. May 17..) .A. ho\~o:ever.In this case. deny or reject applications for naturalization as pt·ovided in the law. Decree No.CITIZENSHIP 135 cations provided by law. 2.S. XVIII. The petition for citizenship shall be filed with the Committee which has the power to approve. SEC. Galang. Kinds of citizens under the Constitution. a child born of Filipino parents.s{rr!:ti~~-P!:. 1978... or (3).!JJl. So. L-21426.m birth without having to perfonn any act to acquire or perfect their Philippine citizenship. . Natural-born citizens arE'.." aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings before a Special Committee on Naturalization. IV. and must comply with all the procedure and conditions prescribed. (see. 1973. however.Pnship.._q4~. 2001). Chiong v. (3) below. Oct. infra..J ::\nuary 17. see Pres. (2) (except naturalized citizens) and No. The applicant must possess all the qualificati. is natural-born citizen.) The term. No.J. Section 1 hereof shall be deemed natural-born citizens. 1975._Ej_tize_n~.. Those who elect Philippine citizenship in accordance with paragraph (3). They are: They refer to those: ~) who at the moment of their birth are already citlzpn_. known as "the Administrative Naturalization Law of 2000. 22.QCee4i.11i. In effect.itiJ.A.

t. h·. 197:3..g _ad.h&. C . No...of.:_'.ril. 2. Loss of citizenship.136 TEXTBOOK ON THE PHILIPPINE CO~ST ITUTION Sec.E!l?~!J. citizens. ha ve acquired n ew citizenship in a different country. Those born of Filipino m others before J a nuary 17. 1 ~:. .de:rin.ching the age of majority .t. inby ~pr~renunciarion. 111 'f ) b~ s~l?.. and ( 4 ) l:i. (3) I:.They r e fer to t hose who are considered citizens of the Philippines under the 1973 Constitution a t t he time of the adoption of the new Constitution (supra.).. 2039.JJ&W Con§titution.i. In time of war.iz.!:.~ 'l. upon n~ a.~i2.€. 106../ti~ffi§.A..commis~n in the armed forces of a fo reign country (except under certain circumstances).A. however.o.! 'Sec Sec.ml~~ecl. citizevshi. A Filipino citiz<>n may lose h is citizenship in any of the fo llowing ways and/or events: (1) Y!. and !2) } rHJQluf!tp.o. 3.A.cept.!.p .. _through_~.~_c. (2) 9. ) are aliens but they can be Filipino citizens by naturalization.Lf._. 63. No.The voluntary loss or renuncia tion of one's nationality is called ~xpatria­ tion. a Filipino citizen cannot expatriate himself.t~~UaJj<m_of. SEC. but wh o. 3 t heir citizenship. ·. 1973 but wh o failed to elect Philippine citizenship u pon reach ing the age of majority (see Note 3.gj__the t_ i_ f!l:e.9.ervice to. a desert~ in th e Philippine armed forces in time of war. 19'73 who.h. ..Ji..They are: and ·· (a:) by_ ~J. (Sec. and 3839.. .. . No. ) T hey are placed on the level a s those born of Filipino mothers on or after January 17...a.l1.. 1987) pursuant to the provi s ions of the 1935 Constitution.e .They refer to those who were originally citizens of another country.~. f:·a l.ing. as amended by R.ac.They refer to those born of Fihpino mothers before January 17. and (li) by t !:1. or .gJ5L~.f.Qit.:s!:LU<Y~ • ~! They are: ~~P . 9?25.y.· naturalization in a foreign country (see R. nat uralization).D..· .]l j_s certi. 1.Jla. .)l.fi~ate of naturalization by the court. elect Philippin e citizen ship after the r atification of the 1973 Constitution (even pr ior to the effectivity of the new Constitution on Feb.g..PJ!O.-.. by an intervening act (i. s.. 1[3]. --· -· (b) by having been declared by competent a uthority..th 0f aJlegia~ to support the constitul ion a nd laws of a fore ign country.. Philippine citizenship may be lost or reacquired in the manner provided by law.

. Effect of marriage of citizen to an alien.l all~e" which refers to the continued al1egiance of naturalized nationals to their mother country even after they 2 Commonwealth Act l':!P· 63.): ... "'(·:'1\e.irec.l.. The e~!!-~p_tiqn.cnship aft"r being naturaliz('d in a for<>ign country.'itizemhip. and j~) By d.Z.A.. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.cir_ ru:Lor_. 'l. "'' 1•1' I r\~ · . 63 undt>r which natural horn Filipino$ who become n<Huralizt>d citizens of another country automatically lo!. he/she acquires her/his nationality.~' citizen of the Philippiues who marries an alien does not lose his/her Philippine citizenship even if by the laws of his/her wife's! husband's country.Q: 2 (.!l~.ion.t~ 1\ (Jo. 9225 ·cn(ro • allows natural-born citizens to rt>tain their ~:iti:z.CITIZENSHIP 137 Reacquisition of lost Philippine citizenship.. 5. . No.ci.zenship.Y ." such as (under an existing law) subscribing to an oath of allegiance to support the constitutjon and the laws of a foreign country.. T 1 \ (!-<~· · ' SEC.e.r.. Citizens of the Philippines who marry aliens shall retain their citizenshipt unless by their act or omission they are deemed. . to have renounced it. wh~r~H~'b..ti. ~c.. ~6epatriatiag. .d . the rn11nner by which Philippine citizenship may be lost and rt>acquin•d.t act of the Congress of the Philippines.the.W~-tQ.__t_h_~_l!:J. after the termination of their marital status. . ~e. f'...bav~ SEC. as amended. Dual allegiance of citizens.th. IV..till'JJ. :\c..t.uir~.~.~<!~_r.~'~~ ':.SN.li~~.·~ '[\-..9...~!!..ed.Sees. who upon marriage to an alien acquires his citizenship. will possess two citizen~hips --Philippine citizenship and that of her husband. rP.P.ds effected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry. under the law.e their Filipinu f.J~.ru>..unte.A.J1 fr.ir. provided the applicant possesses none of the disSualifications provided in the naturalization law. 1'?ftn~ '"' \'V 1JS ..:cdl7<ri>L-. amending C.t) By IJ:S. Qjti. Under Section 4. RA. 4. A Filipino woman. Section 5 prohibits more particularly naturalized Filipinos from practicing what is called "dup.. -tn.Qf_d~s~u:ters of the Philippjne armed forces and women who lost their citizenship by reason of marriage to an alien. deem.3 ~2) By r~~tr_iatiQn .omissiruLthey areH ..1 t . cih'ttl'IJ'I'l•n ~111 JKCJC<~>~~>fl:' . " . 4-5 ART.qt. No.. g<m:>rr.

refers to the possession of two citizen ships by a n individual. of the State that all Philippine cit izens who become citizens of a nother country shall be deemed not t o have lost their P hilippine citizenship under the conditions of the Act. It was clai med that the Federation of Filip ino-Chine::e Chamber of Commerce (FFCCC) wa s even r eprc»ent e d in the Legislative Yuan of Taiwan . t h at of h is original citizenship and t hat of the country where he became a naturalized citizen . N. the statu s of dual citizenship m ay be r egulated or restricted by law where it is conducive or could lead to dual allegia nce. c~t izensh ip. X!.__922§. the "Pt izenship Re tention a nd Re-ac g. after t he effectivity of the Act .i_t_~n A c_!." The nat ural-born citizens of the Philippines who.1!:18 TEXTBOOK ON THE PHILIPPINE CO~STITUTIO N Sec.deClares1 tthe -poilcy.he m a inland t h rough massive econom ic in \' eStment s and ope n polit ica l act ivit ies there.. 1.i1j~ensf!ft!._Qf 200 3~' J ap proved Augus t 2.q. While it is not per se objectionable. a nd I her eby declare that I r ecognize a nd accept t he supr~me a uthorit y of t he Philippines a nd will maintain t rue faith an d allegiance thereto. F ilipinos abroad m ay now acquire dual citize nship.Q/. · 'The insertio n of t he provision was directed mainly to le ading members of the F ilipino· Chinese comm un ity who contin ued to maintai n the ir close ties wit h either the Re public of Chi n a 10r Taiwan · or the P eople's Re public of China on t. \. .).M.Any provision of law to the cont r ar y notwithstanding. P~ iljpp~n~.u ~~. ( 1) RetenJ. solemnly s wear (or affir m ) t hat I will support a n d defend the Constitution of the Republic of the Philippines a nd obey th e laws a nd legal orders prom ulgated by t he duly constituted au t horities of t he P hilippines. on the other h and. and Congress is r equired that it be dealt with by law. become citizens of a foreign country shall r etain their Philippine citizenship upon taking the aforesaid oath ..-2603. natur'iil -bofii~ citizens of the P hilippines who have lost their Philippine citizenship by r eason of their naturalization as citize ns of a foreign count ry are deemed to have r e-acquired Philippine citizenship upon t aking th e fo llowing oath of allegiance to the Republic: "I _. th ey are required to serve the people "with utmost x x x loyalty" and "act with patriotism" (Art . . Du al citizen~hip arises because our la ws cannot cont rol la ws of other count ries on citizenship. ~:~·. i!J rL. Note that what Section 5 prohibits is not dual citizenship (see Sees. 4 .i in t he performance of their duties and functions .9. whether elective or appoint ive. dual cit izenship may btl const it utionally pr ohibited by law for as public servants.ll..c. 1[21 . a nd tha t 1 impose t his obligat ion upon myself voluntarily without mental reser vation or purpos e of evas ion . 5 have acquired Filipino citizenship. -. Sec.. 1 D. fletention and reacquisition of citizenship. .) but dual allegiance of citizens. In t he case of public officers a nd employees. It is declared inimical to national interest._Q.

5 ART.A. If the people are aware not only of their rights but also of their obligations. One of the reasons for the turmoil and ferment in many countries is the attitude of demanding one's rights under the law and yet being forgetful of one's duties as a citizen. S189.e.Sec. whether legitimate. make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath. there will be less misunderstanding and less conflict in society. of those who re-acquire Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines.tic. those who: Of are candidates for or are occupying any public office in the country of which they are naturalized citizens. ~) Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and. 2-5.r.' there . an ~J) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice..l. No. -The unmarried child. III. They must renounce their oath of allegiance to the foreign country where they took that oath.Those who retain or reacquire Philippine citizenship under the Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: (. or extended to." and other existing laws.A. Article V of the Constitution. illegitimate or adopted.i. below 18 years of age. 2 Secs. and/or (2) are in active service as commissioned or non-commissioned officers in the armed forces of the country of which they are naturalized citizens. and (e-) The right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by.u. R.must be a c8rresponding duty.) Those intending to exercise their right of suffrage must meet the requirements under Section 1.Jjitizens should realize that for every right (see Art. IV. ~{) Those appointed to any public office shall subscribe and swear to oath of allegiance to the Republic oi the Philippines and its duly constituted authorities prior to their assumption of office. 9225. -CITIZENSHIP 139 (2) Derivative citizenship.ights andliJJbiliti~.. (3) ~CiYil_s. No. oth~rwise known as "The Overseas Absentee Voting Act of 2003.md.~ Rights with corresponding obligations .pol. . R. at the time of the filing of the certificate of candidacy. .

F. a Dut. sedition or other s imilar act. 3. all costs. Misa.. Laurel. The rights to life .of . 6 Laurel vs. it is a flame that should be kept constantly aglow in our he arts. Sec. and the source of our happiness and well-being.d~blis. op. 10. 12." 5 A citizen owes. ~Code of Cit izenshi p and Ethics. but an absolute and permanent allegiance which consist s in the obligation of fidelity and obedience to his governmf:nt. 7 Ger ona vs.P. Conversely. but in th e field of love of country. not a qualifi ed a nd tempor"lry.£. they can hardly afford to differ for these are matters in which they are mutually and vitally interested.) ~J. and property.By loyalty.P. 372. rebellion.140 TEXTBOOK ON THE PHILIPPINE CONSTITUTWN Sec. as there are members of the political community who are deficient in that necessary complia nce. the citizen mus t be willing a nd ready whene. the wisdom and validity of laws. even t he correctness of judicial decisions and decrees . Sec.5 Rights become fully available for enjoyment only when all the ~itizens. however. .:() To be loyal to the Republic. without exception. liberty."-!! The citizens receive benefits and protection from the State of which they are a part. the enjoyment of rights becomes ample and real to the degree that the citizens willingly carry cut their obligations. cit. op. it is their primary and honorable duty to defend it against any peril. The citizen must be proud of his country. n ational unity. traditions. SJ. 106 Phil. (see Art.·er necessary to cast his life and fo rtunes in defense of his countr y. a nd patriotism.e~. we mean faith and in the Republic and love a nd devotion to the country. its customs.' confiden~e "Love of country. p. II. such as treason. .~tiol'!_s . It is not an occasional virtue to be exhibited new and then. 6 He must not commit any act of disloyalty. On the contrary. •See G.i. language . 4 It is the "home of our people. the seat of our affections. is not shown by words but by deeds. cited. . are but partially available for enjoyment so long. of Education. p. ~-l'!. In 1·eturn. Zaide ..i!~~r:'-~· Among oth ers. (. the more important duties and obligations of every citizen in a democratic society are enumerated and explained below. H e must share in its glories and feel sad in its misfortunes. 263. for to the m they mean national existence or survival as a nation or national extinction . It m~ans an unflinching determination to se rve and defend one's country at all times and a t. and institutions . government policies. 76 P h il. p. Laurel. · (2) To defend the State.Men may differ and do differ on religious beli~-fs and creeds. Forces that Ma ke a Nation G1·eat. whether from within or from without. comply loyally with all their obligations. 2. for instance.

9 It is not enough. 5. and he would be recreant to the claims of those interests if he did not actively concern himself with the affairs ofhis government. by cooperating in its activities and projects (such as the preservation of peace and order. the government would collapse.3) To contribute to the development and welfare of the State. a]. its growth and stability. . 85. Art.Sec. .The development and welfare of the State should be the concern of every citizen for he will be the first to enjoy the benefits thereof. individually and personally. Sec. But the law is powerless to deal with that type of citizen. 3[1]. (4) To uphold the Constitution and obey the laws. They should rather ask themselves what they can do for their country. He must also see to it that the laws are observed by the whole community. Laws are enacted in accordance with it for the good of all. 5[11. etc. IX. p.by paying taxes willingly and promptly. It is the shrine for all the hopeR and visions fot· our nation. . that the officers of the law attend to their enforcement and properly perform their duties. The citizen can contribute to the development and welfare of the State in many ways. It is. Sec. the country can do for them. VIII.5 ART. If the people would disregard them.) ($) To cooperate with duly constituted authorities. by patronizing local products and trades. -The Constitution is the expression of the sovereign will of our people. The larger interests of the group and the nation that he must serve necessarily involve his own. the duty of every citizen to defend and respect the Constitution and obey the laws. who is wanting in civic courage that he allows crime to be committed under his very nose without even lifting a finger to prevent its execution or to see that justice is done. XVI. Supine and passive inaction is worse than actual and flagrant infringement of the law of the land. regulations. IV. the law itself provides a remedy and administers a corrective measure to the· erring individual.CITIZENSHIP 141 (. and ordinances of the State. B-Sec. In the latter case. XIV. Sec. by engaging in productive work. Sec. conservation of the natural resources and the promotion of social justice by suggesting or supporting measures beneficial to the people as a whole). The Constitution contains provisions designed to insure that it is accorded the due respect that it deserves. t hat a citizen should take care that in hi s daily life he does not violate any of the multitudinous rules. and this would mean lawlessness and the di sintegration of the social order. (see Art. Art. -. for example. VII. therefore. Art.Community living imposes obligations and responsibilities upon the individual. who is lacking in civic pride that he tolerates the evil 9 [bid. 4. Anything that affects the country and the people as a whole indirectly affects him. 5[2. . The citizens should ask not wht~ l. Art. He is affected by its ills and disorder.

Amidst the continuous clash of interests. the welfare of every man depends upon the welfare of all. who h as such a distorted sense of civic values the.142 TEXTBOOK ON THE PHTLIPPINE CONSTITUTION Sec. Every citizen should bear in mind that only by hard and sustained work can men and nations live and survive. National greatness never springs IOJbid. 1 'A. in the ultimate social order. each with interest of his own. "The essence of Jife is work. URubi vs. op. 14 cannot argue that he was merely doing what he had right to do under the la w with his property.M. Board. Prov. 267-268. his family a life worthy of human dignity. "liberty is freedom to do right a nd never wror. Tolentino. give everyone his due and observe honesty and good faith . 835-836. -Society is composed of men . 5 and graft in the community without even taking any step looking towards their eradication. p. 12 Jijfbi d. cited by A.) Every citizen should considei· it his own responsibility and should strive to become a useful and productive m ember of society to assure not only himself but. 11 It is necessary that the citizen be imbued with a sense of awareness not only of his rights but also of his obligations to his fellow "citizens.M. Tolentino. 19. perhaps. without any advantage to himself. ' . This act is wrongful and cannot be justified by pleading a proprietary right. In the course of life. II.. the interests of man conflict with those of many others. It is only freedom from r estraint under conditions essential to the equal enjoyment of the same righ t by othcrs.t sv long as his selfish pursuits are not molested." 16 (7) To engage in gainful work. the own er of a piece oflan<i who erected on one side of his property a very high wall. "3 Colin and Capitant. . In the words of Mabini.Employment is not the obligation solely of the State. 660. a9 Phil. 10 ~~) To exercise rights responsibly and with due regard for the rights of othe~s. Civil Code. in order to deprive his neighbor of light and air13 or to prevent the latter from having a view over the nearby sea. t he ruling social philosophy should be that. cited by A. more important.v. 'l'olentino. 1 ~Von Tuhr.. act with justice. he does not give even a thought to whatever happens to his neighbor or to his fellow citizens for that matter and who does not care a bit whether there was ever such a thing as "government" or not .l 2 The classical theory that "he who uses a right injures no one" is repugnant to the modern concept of social law. in the exercise of his rights and in the performance of his duties. It is ever guided by reason and th e upright and honorable conscience of the individual. it is not permissible t o abuse our rights to prejudice others. Thus. 56. cit." He must. M. (see Art. For this reason . 9. Sec. See Art.g. The right to liberty guaranteed by the Constitution is not an unrestricted license to do exactly as one pleases.

. The constitutional obligation is not complied with simply by registering and casting a vote. pp. it is the security of popu lar sovereignty. and track record (what he/she has done). and sincerity to serve the people. their experieace. (81 To register and vote. capability. where the conduct of public affairs is regulated by the will of the peopl e or a majority of them. platform (what he/she stands for ).oOo- 1 ~J. directly or indirectly. In our form of government. indeed the success or failure of the government. depend. or bought. and leadership qualities. "it serves instead to undermine the entire edifice of our democratic institutions. 4 1-45." 1 7 It is assumed. that employment opportunities are present. In short.P. for without them . of course. threatened. They should look beyond their physical attributes and flamboyant rhetorics and what their propagandists make them appear to be. . The voters should particularly be discriminating and even skeptical in evaluating the credentials of candidates. they m<)St certainly deserve the kind of government that they get. full compliance with the constitutional mandate cannot be expected. op. expressed through the ballot-box. upon the voters. Laurel." or apathy of the people to the need to guard and protect their votes zealously against election frauds. because the election of the wrong candidates could adversely affect the lives of our people and the destiny of our nation. r. -- CITIZE~SHIP 143 from the cult of ease or self-complacency but from the crucible of grim struggle and patient industry. It carries with it the duty of using mature and independent judgment and reflection on the issues presented and/or the qualifications and fitness of aspirants for public office. educational background. 18 /bid. the importance of suffrage can hardly be overemphasized. .Sec. On the other hand . as well as their lifestyle to get a true gauge of their character. the voters should judge candidates on the basis of personal attributes (who he/she is). The quality of public officials and the policies of the administration. "If exercised with purity and noble purpose.Suffrage is both a privilege and a duty which every qualified citizen must perform. IV. and if they allow themselves to be fooled.ited. especially those for President and Vice-President. It is through suffrage that the will of the people is expressed. 5 ART. if perverted or basely surrendered because of money and favors." 1 ~ The people are the arbiters of their destiny. scrutinizing their track record in public office.

(1 ) ~.cl~~ifie. No literacy.J~£ff01_L_. II ._ .. property. 1.a.. (2) ~pc~hffqJ:/Jf:. .Jnn .:rJ:ereprjyilege.. J'ungutt<n vs...s.Strictly speaking. (supra.I n the sense of a right conferre d by the Constitution .§.onditions deemed essenti a l for the welfare of society. . Suffrage should be granted to individual s only upon the fulfillment of certain minimum r. -Suffrage is not a natural right of the citiz e n~ but mer ely a privil ege to be give n or withheld hy the L a wmaking power s ubject to constitutional limit ations. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law.f.. one vote. . Meaning of suffrage. ~lli.. Sec.!:!:l:g£ is the right and obLigation1 to vote of qualified citizens in the election of certain n a tional and local officers of the government and in the decision of public questi ons submitted to the people.!. h owever.a. Abubak a r.p!ilitic£. 1972. it is the means by which the people choose the ir officials for definite and fixed periods and to whom they 2 'It is not. and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. enabling every citizen t o participate i n the pr ocess of government to a ssu r e that it d erives its powers from the consent of t he governed.d.fr1l~~j.) The pr inciple ~s t h a t of one m a n.. Suffr age includes : (1) ..Article V SUFFRAGE SECTION l.glJJ. L-33541.. 20.) Scope of suffrage. ~ (see Art. Nature of suffrage..Lr!&ht. or other substantive requirement shall h e imposed on the exercise of suffrage. 144 . who a re at least eighteen years of a ge. manda tory. $yfl.

(. 2.It is the submission of a Jaw or part thereof passed by t h e national or local legislative body to the voting citizens of a country for th eir ratification or rejection (see Art. (a} at least eighteen (18) years of age. and C 4~ have r~sided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for at least six (S) months pre<.. 1 ART. (]bid.) Plebiscite is likewise required by the Constitution to secure th e approval of the people directly affected bef::~re certain proposed ch anges affecting local government units may be implemented (Art. (Art. Sec.) Amendments to the Constitution may likewise be directly proposed by the people through initiative (Art.:~ (2) . has ever conte ndt?d that hum aT' beings must be permitted to part.:f.It is the name given to a vote of th e people expressing their choice for or against a proposed law or enactment submitted to them. no m atter how ardent his be hef in clcmo. Th i::. ~o one.2) not otherwise disqualified by law. 2. Sec.nd. ( 3 ) . the term is applied to an election at which any proposed amendment to.).) Qualifications of voters. experience. ~Ga rchitorenji vs. Crcscini . education.ir:-ipate in the s election of public officia ls from the day of their birt h . (see Art. He must be: (J) a citizen (male or female) of the Philippi nes. X. 32..ali. the Constitution is submitted to the people for thei r ratification. In the Philippines. 10.). 25 ~ . there must be somE: minimum age for \" Oting. and ( 5) ~ . 18. -·It is the process whereby the people directly propose and enact laws. VI.uffrage qualifi cati on is hased on the assumpt ion that under a certain nge. Age qualification. or revision of.~ racy. 3. and sense of judgment that will enable them to vote with any reasonable degree of intelligence.1JJ!1. . Sec. t he exercise of powers of government. 39 Phil.--SUFFRAGE 14 5 entrust. X.Rfl&re. for the time being as t h eir r epresentatives.:!:'ding the election.ne. XVII.kiscit~.V..). human beings do not have the maturity .It is a m ethod by which a publ ic officer may be removed from offi ce during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percent age of the qualified voters. Obviously. XVII.le.Sec . Sees. Sec. . _. Congress is mandated by the Constitution to provide as early as possible for a system of initiative and referendum. (4) {!!:!ti. 11 .

lty to the duly constituted government such as rebellion. 1 No general agreement exists as to the exact age at which the individual supposedly attains the maturity sufficient for political participation. (. 4 Residence qualification. and (-!3) Insane or incompetent persons as declared by competent authority. such disability not having been removed by plenary pardon or granted amnesty.P. p. But such person shall automatically reacquire the right to vote upon expiration of . Six (i) ·:months residence in a province. 5 The requirement as to residence is desirable in order tha t registration lists may be prepared and checked in ample time to prevent fraud. has as yet seen fit to set a maximum age limit. .e. A vo~r.~fir_s after service of sentence.146 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. Giving him a right to vote before that period. violation of the anti-subversion and firearms laws. city or municipality is considered the minimum length of time within which a person can adequately familiariz e himself with the needs and conditions and the personalities of the locality. p. must have been a permanent resident of the Philippines for at least on~JH-year preceding the election. will result in unpurposive and mechanical voting.Y. While ther e is a minimum voting age in every state.s. op. sedition.. is left by the Constitution to Congress. 881. however.loya. no country. 249. therefore. ()p. unless r estored to his full civil and political rights in accordance with law. ( ~) . 7 The Om nihu~. ao.). Section 118. p.fiY. 3 See The Manila Tirnl!fl Guide to the Proposed Constitutional Amendments ltn 1973 Constitution)." and. Election Code of the Philippines lB . the law7 enumerates them as foll ows: (}) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year. The above persons are not qualified to vote even if they have the necessary qualifications. 'Schmnndt & Steinbickcr. 82. or any crime against national security. 6 Persons disqualified to vote. Such person shall likewise automatically rega in his right to vote upon expiration of_five (5) years after service of sentence. may be precluded from exercising the right of suffrage. cit.. it is contended.2) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving di. As to who are disqualified to vote. cit. The responsibility of determining who may be "disqua lified by law. 0 Jacobscn >lnd Lipman. Big.

therefore. (8) If at the age of 18 one is mature enough to fight in defense of his country. he is old enough to be given a voice in the determination of its public policy." Arguments justifying removal of literacy requirement. The reduction of the voting age is consistent with the theory of popular sovereignty which is one of the fundamental premises of our government. By including those under 12 but at least 18 to vote will make them feel that they are part of the decision-making process and thereby at least increase their loyalty to our institutions. (~) The voting age of21 years is as old as the Roman Empire.Jose W.Sec. 219-225. V. (~) The communication media explosion has resulted in making 18year-old citizens better informed than their parents. there is no reason why an 18year-old should not be permitted to vote.. The arguments for its removal have been summarized9 as follow s: •see 1970 UPLC Constitution Revision Project. The following have been given: (. The smaller the number of elector s in a particular community. 1 ART. . The 1973 Constitution"removed the requirement under the 1935 Constitution on ability to read and write such that then as now an illiterate person has the right to vote. (7) If at the age of 18 one can enter into a marriage contract.O) Voting is the major if not the sole participation of common citizens in the political process of the State. under present circumstances. Diokno. the more limited the basis of consent . the most effective medium for securing consent to or rejection of government short of extra-constitutional remedies.1) It has t h e effect of broadening the base of democratic participation in the political process. The illiterate voter is not necessarity an ignorant voter. 9 By the late Senator . It is. it is obsolete. (~) It is the (alleged) findings of medical science that today's 18-yearold is physically a t least 3 years a head of an 18-year-old of 1900. pp. (6. (5') The Philippines is becoming an increasingly young country and the youth are more idealistic and are more change-oriented than their elders.) The objection that 18-yea r-old citizens lack the maturity to exercise a n important political right widely is at best a debatable question. and q.SUFFRAGE 147 Arguments justifying the lowering of voting age from 21 to 18. (9:1 . which is the most important in the life of a person.

Today. neither adds to nor detracts from a man's capacity to function properly and fully as a social and political being.t_rgm_ent in(:ons. II. Should we wonder that they would feel little loyalty to our democracy.r!!I!J~rty_r.are illiterates.. It is the h.E~EJ. (Sec. that is to be represented.iJh . Under the present Constitution.) • (1) Property ownership .C. and this.w. property ownership was eliminated and literacy substituted.t qf. 1.gJLi:fl_dividual's caJl. Thus.). . our first election law did not require literacy in order to vote.. . it is true.P: _t~§.148 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. and given primacy in the hierarchy of values. op. Sec.not. and learning with wisdom.P.e. 1 "This requirement 1that a voter must know how to read and write] cotJfuses literacy with intelligence. in 1 "1970 U.nl!. read newspapers or magazines but they listen to the radio.~ -The justification. After all. per se. Congress cannot also impose property requirement for the exercise of suffrage. the argument that only property holders have "a stake in the community" is considered obsolete. but these problems are not insurmountable.~man person. they know what is happening in their community and in the country.Q9. at cockpits. Yet they are denied the right to take part in their government and to help shape their destiny.The imposition of property qualifications on the voters would be inconsistent with the very nature and essence of our republican system of government ordained in our Constitution. for said political system is premised upon the tenet that sovereignty resides in the people and all governmental authority emanates from them (Art.3 millions among us who are more than 21 years old .Lof republican:." Some 28% of our people. 253. and fall victims easily to the evils of other ideologies that falsely offer them the dignity of helping to shape th~ir destiny? Granted that to give them the right to vote may pose practical problems of how their votes could be cast and counted. cit.for the abolition of property qualification is the assumption that ownership of property.only property. Later on.is(erJ. ..llJ. 222. "Schmandt & Steinbicker. p.t.t. and over the family wash. from the rule ofthe properties we pass to the rule of the learned.aY. they join conversations and discussions with their neighbors at comer stores.n:t?nt. They cannot. a man pays taxes and he bleeds and he dies for his country whether he signs his name with a flourish or with an "X. 1.roughly about 4." 10 Property requirement prohibited. p. 11 (2) P.L. property.as!. It is time we effect the rule of the people._gy.~: J. Constitution Revision Project. A Filipino does not cease to be a !t'ilipino because he is ilUterate.

In other cases. 7._i '}t.'\. No. rich and poor a like. cii. simply by virt u e of t heir womanhood. .!!'!th _s_oc_ial l'!:!_~ice P!!'!~ieJe. are incapable of free a n d intelligent socia l and political activity. t h e opposition was based on political expediency rathe r than o n principle.J-i. J~ (3) fropg. according t o the S upr eme Court.5oci a l justice presupposes equal opportunity for all.rf..This re ::. 442 1.iQll. . vs._{y.. Yet it is quite possible for a per son to become an important asset t o government and t he socia l body with litt le or no formal schooling. ' 1 (2) Sex.The a ntagonis m in the past to female s u ffrage stemmed in some d"egre e from tho belief that a woman's place was in the h ome and tha t the performa nce of public dutie!> was the function of t he male members of the family.f!!. t her e would seem t o be no adequate or justifiable basis fo r depriving them of equa l voting r ights with menY' (3) Taxpaying a!Jj_lity. unless one is willing to contend that women. by r ea son of poverty. the more ed ucation a man h a s .~ si~J.o be elected t o public office. Rorra. - SUFFR AGE 149 tu rn . This law. 1 ART. imposed a pr operty qualification.. J:l Other substantive requirements prohibited. ~. Congress is prohibited by t he Constitution to impose additional substant ive (not procedural) requirements for vot ing similar in nature to literacy or ownership of pr1>perty.As a general principle. op.. A. pp. At the present t ime. 1. V . the better and more valuable m ~mb er of socie ty he will be. t he Supreme Court deda red a s unconstitutional a law 1 l requiri ng a ll candidates for public offic es to post a s urety bond e quiva!ent to th e one (1) year s ala ry or emoluments of the position for whkh t hey a r e candidates which shall be forfeited if t he candidates. lfi SCRA 7.. ) Accordin gly. XIII ._ . be denie d the chance to vote and t.Sec. . . in effect. (Sec. "Schman dt and Steinbicker . 1965. fail to obt ain at le ast 10% of th<J votes cast for the office to which t hey have tiled their certificat es of cand idacy.triction is rela ted to pr operty requirement for.r. the r equir em ent of a high sch ool or even an element ary e ducation would disenfranchise large segments of the poorer classes of our population.rn~en_t .. Sec. 252-255. except when dN:lared winner. impli es necessar ily th at the righ t to vote a nd to be voted shall not be depen dent upon the wealth of the individual concern ed.votlng~--C-ongr~ss cannot by la w deny to an individual t he right to vote on th e groun d that he' is exem pted from tax ation or is not li able to pay t ax or the t axes paid by him or for which he is lia ble d uring t he year a re below a specified a mou nt.f!.) Examples are: ( 1) EdY:~g_t. r'urthe r more.~n ~. S qll. ~'~Ma gu era ' ~R. In a case. n o person s h a ll . 16/hi d. (see Art.qi. 1. Formal education itself is no guara ntee of good citizeni'hip or of in telligent voting..

their constituents to the polls on election day. The 1973 Constitution made registering and voting a mandatory obligation of every qualified citizen.150 TEXTBOOK ON THE PHILIPPI:--iE CONSTlTUTION Ser. for instance.Jacobse n and Lipman. In the long run .Those who are against any system of coercive voting say that it is not only undemocratic but that no useful purpc. .The proponents of compulsory suffrage. op. it is doubtful whether the failure to perform the obligation to register and vote can be criminally punished. cit. In view of the permissive language of the Constitution.. 16 Noteworthy is the fact that Section 1 uses the word "may" as in the 1935 Constitution in place of the word "shall" in the 1973 Constitution. still it would prevent those who feel strongly against the candidates or the particular manner of holding a n election from expressing their moral indignation by openly boycotting the election and persuading others to follow suit. 1 Compulsory suffrage. compulsory suffrage is the only way of assuring the accurate representation of the will of the people. contend that a requirement that would force an apathetic individual to the polls would make him aware of the responsibility that rests on him and would encourage him to becQme acquainted with the issues and personalities involved in the election. 18 Even assuming that the voter has the r ight to invalidate his ballot by leaving it blank. Scctior> 4 of the 19n Constitution provideE>: "It shall be the obligation of Q\•ery citizen qualified to vote to register and cast l1is vote. 32.. and that 1ndividuals forced to exercise suffrage might do real injury to the public good by voting blindly and unintelligentlyY There is no means of compelling a person to vote intelligently or to study the personalities and issues involved in an election. the participation of the people in the government t hrough the ballot is more important than the result of an election or a "Article VI.) would become a myth. 257.uffrage. This shameful spectacle will not take place if suffrage were an obligation. Furthermore. 1 !Yl'he !. . the theory of popular sovereignty (supra. they feel. Should voting be made compulsory? (1) Arguments against compulsory . 87.\1anila Time. p.c. If suffrage were not exercised then. In the Philippines. supra. cit.common to see political leaders dragging. on the other hand. p. op.se would be served by dragging the people to the polls against their will. it is not u:::~. would become a secondary motive. the matter of coercion. . p. 1 . It should be noted that people are more prone to sell their votes if they depend on politicians to bring them to the polling places." 17 Schmandt and Steinbicker. Guide. Once inter est is awakened by actual participation. 19 (2) Arguments in favor of compulsory suffrage. tP. They maintain that it is not the size but the quality of the vote cast that is important.

) becomes nugatory. the c<. -.'\·i. •o f f.c. 'See Pungut.hi~('m ent of the illiterates and the cxis tcncl' of many diflabled voters . p.: or <." 2 To accomplish this aim. there is no way of actually determining whether the obligatory franchise improves or d etracts from representative government. without which the principla of sovereignty residing in the pc~opl(~ (Art. Perhaps. 257 . 521.:·::i :•. L<:-.<~ the... It... ordcr l!l vot ~:: Lhf. !<. Sec_ 1..SP...J.o vote has r efer ence to a consti tutiona l gua1·antee of the utmost significance. they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the s ecrecy of the ballot. Ahubakar. lr.. without requiring the assistance of other persons. The sanctity of the electoral process requirflS secrer~: of thevote. The Congress shall a lso design a procedure for t h e disabled and the illiterates to vote without the assistance of other persons.r. :. Congress is dir('cted by the Constitution "to provide a system for securing the secrecy and sanctity of the ballot.ir \" ict:~ry at the poll s. The right t. The Congress sh all provide a system for securing the secr ecy and sanctity of the ballot as weU as a system for absentee voting by qualified Filipinos abroad. Cong1 ·ess will have to enact a law prescribing proc:t>dures that wi ll enable the disabied and the i lliteratcs to secretly cast thf!i r ballot:.t·cr. 26 Phil.~. :' ~"Schmandt.ivo n>tmtries with ro:~·ri·.. II . l"i! . V. Until then. A defaulting maj ority will only by a voting mia01·ity.:!<) SEC." With the enfranc.ln.<.h()o. "r>. is a right. and su~inbic kc-r. mak~ possible a government install(>d Unfortunately. Romulo..an v. this responsibility of the legislative body assnmt':> mor l' importa nce. .jc.'y de • t•ot havc to 2 wr·it e 0 (\tnes of candidat<•s on tht' bt~llot.e amon...' It is essential then to insure that the voters !'ha ll exercise their right freoly . 2.SUFFHAUE 151 plebiscite...hP.he vot..rm.!···.t'ing manipulated by unscrupulous politicinns to insure t. a method of voting by symboli' may be O(.i\\"Pr n nwnt. :. to prev1mt th ~:: m fr<n1~ i_. System for securing the secrecy and sanctity of the ballot. Hence..:ed to:·· make it possible for disahled and illiterate citinms to cxcrci. t•Jn ma ny progres. .:ors m t:~rely pnsh button.right of suffrage. intimidation or corrupt motives" and "to secure a fair and honest count of the ballots. 2 ART.. L-:3illi4l. no definite study has as yet been made of the effects of compulsory voting in any of t he countries which employ it. "uninfluenced by threat s.! G:\rdine-r v~.

t.o benefit pnrticuiMly F il ipino c·•>JHract. 2 Until Congress provides for the appropriate procedure. 7166 !~ov. in place!.A.S. ·f .alls. '• ' ' . ·'The· Con.g refers to th e process by which q ualified •: i ~i .s. and Senato r.. 2LJ J. 26. N<1. ..i~nlinive. n(lt.end :. there ar<.it.> more than I million J'ilipin o immigrant l'.. .er ed.4 Filipinos who by force of circumstances (e..ut. may vote fn.t.. . the higg<:>st group o1 A!iian immigrant:::.iT..'' . It is hound to set aside funds a nd othf!r r equirementR for the purpose a nd to provide safeguards to ensure that t~1ection s overseas are held in a free ..IJ.d_!!. l H yean uf a j!c on t.~ nded t. CONSTITLITIOK S ec.. "R.. . and 11bout 500..>nt. The law enumerates who ~<h~<ll be disq.' not only relicn·d tht< unemploymen t problem in our count!y but. .i. H ence.r Ntl ~.•t. '•" • • . 4.1fi2 Tf~XTBOOK ON THE PICILIPPl NF.d therein and none of tlw disqualificat ions provided by law.·om vi)t\ng under ii. a nd arc subj ect to many of its l aw~. 200:!l IJr<>vide. according to T:.r. The snow privilege is given tq.rul_is provided ~mdcr R.~. a t leas t. the need to earn a living) have to temporarily work and reside abroad but maintain their love and loyalty to their native land are still part of our Republic. rt wo u ld ~ eem foolhar dy to (!XI. SAri(ms JH·oblems and co mpli < '<Hionl' may arise.re they arc not rP. p r·c>verbial g r<'E'ncr pas l u r t>/.-1 nf the Philippines (AFP'> and th e Phi li ppine National Police (PN Pi. ilhroad and ha vo indicated <i desire to hcconH! cit.. im migr ation official. with rcgpc•cL f. t. t ontributt'd greatly to () Ur economy. re>prc· . however. ~ ' ··j .gi.. They are also affec ted by the qua lity ofpublic officials and the policies of the government.000 have rn ana~ed to c:nter and rem ain illegally.) may promulgate to protect the secrecy of the ballot. (n th e t:nited S tate~ a lone. A-Sec.·for m poll duty in placN. ind uding mcmbf!r~ of the Armed Forcc. they shall be a llowed to vote under the exi s ting law and such rules as the Commission on Elections (Art.aiitfc(i""i'.. registered hut. who have b~en earnin~ and remitting billiom:< c1f dollars a year.r!~ . who arc not ntherw ise disqual ified by law.timated 7 million f'i lipi no!:' a bro3d .--· ·· ··· -··-. Vico-Prt>siden l. who are r egis tered vott~ r..ua.o. This prevents their disenfr a nchisement while the law referred to h as not yet been en acted by Congresfi . of President.u ~'i l ipino~ who have pr!!Ctically abandoned their country for thr.i.J..: '~~· .he Philippine!\ aln·oad.uffn:1ge to t.b3en. where they are t empora r ily assignerl on election clay l. 9 1i.he dar of electi ons.For purpOS':'l' :>f t he Art.cal.ens of thd r adopted coun t ry. 6. Asia. in fact.g. th e Americat< and Eu rop<~.cJllJ'II: vnti.ional Commission inl.. System for absentee voting by quali1ied Filipinos. 'I'hey remain lia ble to pay taxes. 1991 J wh ereby government official ~ nnd employees. lll<tking their ethnic prese nce felt.y. . for a systcrn nf overseas absentee voting h~.o vot e. Africa.o p~rfonn elcct. All citizens of t. dear and ord erly manner. whP.i ti<.lad . vice-president. t hey sh ould a lso be given the constitutional r ight to vote .. wht>ro they are nnt.1lso in many p :-ll·l.A. workers in the Middle J::ast.i. only in America but . Thoy havf. qu:Jtifi>?d cir.-. . IX.~.v· list. No. . teachers assi gned to pe.ion dut. Section 2 extends the ri ght of suffrage even to Filipinos abroad provi ded they possess all the qualifications mentiono.. ThE> Filipinos constitute.oOo .s of the world.rns 11 hr'.:\9 ( Feb.-' 'Lo..ens of thc Phil ipp i m~s :1broad exE' rci!<c tht>ir righ t t.' . C-Sec.h cnL There m·c an e:.> Congress is mandated to provide a system of absentee voting by qualified Filipinos abroad.enators and 2art..1n a llowed to vote for the po~.

t. regulates hum an co nduct and the use of property for the promotion of t he common gc>(Jd. their jurisdiction a nd functions.. Such laws are valid or void.:·.t.. rna~· need amendment or revision. the legislature defines the rights lind rlutie!:' of citizen:::. This legislative fun ction involves the determination of the legislative policy and its promulgation as a defined and binding rule of conduct 2 through the enactment of a law.ead serve to pmmote or perpetuate inj ustioo. imposes taxes...~~. 153 .:. Wh :11 i .u . l<'. be in keeping with the tim<:'s. 1~1. ·. The term laws.Article VI LEGISLATIVE DEPARTMENT SECTION 1.. appropriates funds.·.a. as nscd above. COMELEC. Law. mu.:a r i ly just.ju. Tha t is'' hy ex:.Jan. Meaning of law. creates and abolishes government office~.·ir conformity or nonconformity to the Constitution. Function of laws.-. Through laws. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives..• tin~ l>!w. except to the extent reserved to the people by the provision on initiative and referendum..t ed 10 p~· ·m.: t~r. ~laws Legis/olive power is essentially the authority under the Constitution to and subsequently.tic<' may in:. or may hecome unj 11!>t because of changed conditions. and in general. refers to statutes which are the writtt>n enactments of the legislature governing the r elations of the p1:ople among themselves or hetween them and the governm ent a nd its age11cies.•-t r.ei1a v::.:otE. when the need arises.:~. 'The law!.:sec Ocr. Meaning of legislative power. a s tested by tht.epea1 them.5. to -~and -.:i<\ l i. . defines .crimes and p1·o\·id e ~ fM th ~ir punishment.e . or h ave to be repealed . dett:!nnin. 1 It is the peculiar task of the legislature to prescribe general rules for the govern ment of soci~1 ty... 95 SCRA 75. . r..

Some of the argument.rc s u il. provide>~ a r~?. ·' 1886 UPL C0nslirut i•Jn l'roj t~c t. il has be en tested and proven in the crucible of human expe rience.154 TEXTBOOK 0~ THF.~ ar..pres entation fo r both r·. it is no assurance of better com. "Con ..sm·y to serve as a check to ha::>ty and ill-considered legi slation: C2) It serves as a training gr<mnd for futu re lenders..a s il y tixl' cl: o. <:l<·t'ln<~d mr.~ gional and national inter- (4) A bicameral big interests._C.hf! instituti. (3) It ests. ag ain~t it <He: ~ et.<rble t o a parliamentary .••d the prns1:nt. Note: 'l'here is a daml)i' from several sectors to amend the Constitution to repl ace the pres en t prcsidentia i form of government with a federal unica meral parliamentary systl:'ul. 'rh-: Constitutional Co mwi .econd chamber (Senate) is nccel'. 1 Legislative power vested in Congress.. Co n~.. Legi~ lative l>f. It w <•~ r<> tained with t. titutio al· voted 23·~2 in fnvor ef bicumerali~. By granting th t~ legi ::<lative power to the Congress of the Philippines which is a double-chamber body consisting of the SEmate and the Hou~e of Representati ves.up has not .c-~ of hoth l egLJ atur ~.> an~: it is morn ~. 1111 ch P. a hjcameral legislRture has been created in place of the unicameral set-up provided in the 1973 ConRtit..uti on . and legi~la t ur<~ i!' l es~ susceptible t o bribery and control of (5:1 It is the traditional f<.sion .lrm (:!f legislatiYc body dHti r.'r:> t to the infl•I\-n ('t> of big The main !'Cn•wn..hnent. 6 -8.-hil:h clraft.m . PIII LIPPI~E CONSTITUTION Sec. fM <lllr.adlocks in the enactment of important measures with the Coufere..g from ancient times. (3) It p1·oduces du plication of efforts nnd serious of!. . 4 Disadvantages of bicameralism.• irlered the ad.<:s t h a sty and ill -con sidtr ed Jegis lnti<"l.iden~d and be tter deliberated legislation.'partm<:nt.conomical · legisla t ion is a('h ieved ..•:.orkGd out a s a n effective fi::>caUzin g (2> Although it affords a double consideration of bill s.> plir>g· a unicameml ll"jpsl aLun• in the 1973 ConRtitu· LiN1 i:: th:\t· it wa:.:·1 The 1935 Charter alsCl C lStnblished a bicameralleg islntnre. (infra. hc.1: thern i.c:.em of ~overnmcnt . ~tnd it i.Ck aga in. (1 ) The bicameral machinery.wcvt-r. of lt u ni< ·:unE.ary syst~m by the 19kl c•mstitution<) l !HIH:rH.t. as sueh.>OJI/op. pp.lJ A ~. Its clisaduanlag••.~ys t.m of ll m cHiiliPd parliament. nci prompt ~ction in int~1-csts. ) Advantages of bicameralism..\llnmit.:. more su sceptible re~pOII!lihil ity is P. Among the argumentA propounded in favor of bicameralism are: l.ru:c...

. Vl. pp. 15 Phil.§. VII.Ge_71. may be characterized as plenary or general (not enumerated) subject only to specific limitations in the Constitution.W_g. 32.9.he Cons titu. .. 4. 70campo vs.iQ. 6 Scope of legislative power of Congress. ·. Congress can enact any law as long a5. H-11. Aquino is a plain housewife without any ex pcrie nc:(• m tht: goq~rnment . . and (5) The prohibitive costs of se natorial elections h ave made it possible for only wealthy individuals t o make it to the Senate. :::c. (2) &?!!.£ourt.oos.:: have an equal and highest number of votes (Art. a nd as to the claim that a Senate is needed to provide a training ground for future leaders. however.LEGISLATIVE DEPARTMENT 155 Houses.Q .. Unl~othru:wisedecre.o." practically arrogating unto itself the power to enact law under its authority to thresh out differences.)..~ .2fi£q_p~-~l!!. .ro. powers not granted or powers that cannot be reasonably implied from the granted power s are denied to the American Congress.p. derisively called the "third chamber.e d_by a competent .11. Hence.titu t.. President C. Cabangi!>. The primary function of Congress is to legislate.They are powers which t. The latter's legislative powers are confined only to those granted by the Federal Constitution. par. Ptg§_q. (4) All things being equa l. 16.Jat~~. Sec. Sec. -t. 1._~mU?gj§. Th e delegated powers of our Congress are broader t han the American Congress.nal.it is not contrary to the Constitution. '·• to promote social justice ' Ra mon Magsaysay and Dios dado Macapagai 1 ' 1986 UPL Constitution Project. Th e powers of Congress may be classified into: (1) . it is more expensive to maintain than a unica m eral legislature.k.li:!.C.r. RQ cccna vs.Sec. Lcgislattn Depa r~:nent . except to the exte nt reserved to the people by the provision on initiative and referendum (see Sec.·a. Classification of powers of Congress.I t is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the State. COMELF.i~. 8 Accordingly. The Constitution. to confirm certain appointments by the President (!bid.rion expressly directs or authorizes Congress to exercise like the power io choose who sh all become President in case two or more cand idate.W. has also expressly given it powers which are non-legislative in character. 1 ART. A grant of legislative powt1r means the grant of all legislative powers7 for a ll purposes of civil government. the legislative power of Congress. 626.. two of our Presidents5 became chief executives even if their service was confined to the H ouse of Representatives.

mentary system. 16[31. wThe accumulati on of powers in one person or department of government is considered one of the chief cha r acteristic evils of tyrannical and despotic forms of government. Under the parliamentary fo. 28l1J. (2) Parlia. . ). If one department goes beyond the limits set by the Constitution. Under t h e princi ple of co-equ al and coordin ate powers among the th ree (3) branches.er. op. (Art.The three-fold ·division of power is observed in the presidential form of government which is distinguished by the separation of authority between the executive and legislative organs. Principle of separation of powers. to promote governmental efficiency by insuring that all functions of government are performed by the people (or branch) especially assigned to discharge them.).I . Section 9.h.The powers of government. "V. to declare the existence of a state of war (Sec. ' . .They are the powers which are possessed and can be exercised by every govern ment because they exiRt as an attribute of sovereignty. XVII.inherent powers of govern men t " u nd(!r J\rtirle III. They arc distributed.)(to punish for contempt. . ·. etc. the executive.J.P. to act as a constituent assembly (Art.). executive. Sec. .rm..}. above a ll . Sine<'. l. and ( 4) frl.. The a doption of thi ~.. cit. by virtue of this principle. ( 3 J 111J. 12S. to (· impose taxes (Sec. I .}~ to appropriate money (Art. . 23[11. Under this system adopted by the 1935 Charte r and the present Constitution. !tll Am. 2. These powers which are legislative in nature are th~ · powcr of taxation. Sec. . and the judicial. 156 TEXTBOOK ON THE PH!LIPPINI<: CO:\'STITUTTON Sec. (1) Presidential system.Lie_f! _ po~cers. Sl!C. . :H-!0. principle was motivated by the belief that arbitrary rule would result if the same person or body were to exercise all the powers of government.11 The idea is not to set one branch against the other but.P. 2l.. XIII. ·~."to impeach .to determine the ru)es of its proceedings (Sec. p.ent . ·p'ower of eminent domain.DW_ers. tfnd police power_ll They fall under the generallcgif'llative powers of Congr<:!ss.They arc those essential or necessary to the effective exercise of ihe powers expressly granted.. etc. t hey a re al ways deemed conferred by the people even if not expressly granted by them in t he Constitution. the officers en trusted with each of these power s are not permitted to encroach upon the powers confided to the others. XI . there is a fus ion rather than a separation 3 See "Esscntin i o. l. a mong the legislative. the President who is the head of government is elected directly by t he people fM a fixed term of office. In other wo rd ~. respt>ctively. are divided into three (3) distinct classeR: the legislative. like-the power to conduct inquiry and investigation in aid oflegisla tion (Sec. 29[l].. .. I iArt.G. ). and judicial branches or de partments of the government. its acts are null and void. Jur .

To maintain this balance or to r('store it if upset. and apportion the jurisdiction of the various courls iArt. returning the government to the presidential system provided by the 1935 Constitution. Sec.. It has likewise the powm· to d e fine. patterned its government after the French system. is known as the Fifth Republic. the iwo are one body performing two governmental functions: policy-making and policy-executing. Under the Constitution . alongside a s trong President elected directly by the people. The three co-equal departments are est. Sec. The effect of the 1981 amendments was to modify the parliamentary structure ordained by the 1973 Constitution without.This is a variant of the two types of government. Its Constitution establishes the familiar organs of a parliamentary system (e.JENT 157 between the two organs so that. VII. who had a tenure independent of the legi s lative body. 27ll j. e lected by parliament without a fixed term of office. .).. !: preBcribe the qualifications of .) (21 Checks by Congres. VIII.). The present government of France established in 1958. VI.one which established a legislative body from which the Prime Minister elected by it and th e m ajority of the membership of the Cabinet were to be drawn. The system of checks and balances is also obsE'rved along with t he doctrine of separation of powers to make the presidential system workable. he may modify or set aside the judgments of courts. the Prime Minister who is the h ead of government i. ·-·· Ll::GIS LATIVF.. OI<:P:\RT:\. each department is given certa in powers with which to check the othe rs.. \'II.. under the 1973 Constitution.g. 19. however. 2. 27l l J. as amended. (:1) Fnmch presidential-parliamentary system . What was established then was a form of government which was a middle ground between the two systems. 1 ART.s.:. Sec. 18. 16. (Art. reject cE'rtain a ppoi ntments of the President (Art. . in a sense. The Philippjnes. Under this system. and through the pardoning power. .. ).: of the courts (by the enactment of a new law or by an ame ndment of the old. Congress may override the veto of the President (Sec.The President m ay veto or disapprove bills e nact~d by Congress {Sec. Thus: (1) Checks by the President.ablished by the Constitution in as balanced positions as possible..r evoke the proc lamation of martial law or sus pension of the privilege of the writ of habi?08 corpu s by the President (Ibid. s~c.). giving iLsuch meaning a nd interpretation as to wipe out the effect of s uch decisions). . prt:>::cribe. Principle of checks and balances. there is no absolute separation among th~ three principal organs of government. --··On the other hand .. a cabinet and Prime Minister) but delegates broad power s to the President a nd places serious limitations on legislative powers . and amend or ren1ke deci~ion. Constitutional provisions at1thorize a considerable amount of encroachment (tr checking by one department in the affairs of the others.

.). (1) Composition and election. a registered voter. The Senate.a nd impeach the P resident and members of the Supreme Cour t. 2. -determine the salaries of the President a nd Vice-Pres ident (Art.It is composed of24 Senators. at noon on the 30th day of June next following their election.'determine whether or n ot there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part" of Congress or the President. 3 and 4. The Senate shall b e composed of twenty-four Senators who shall be elected at large b y the qualified voters of the Philippines. . Sec. . . par. par. . day of the balloting). 3. unless otherwise provided by law. Sees. (Ib id. Sec.158 TEXTBOOK ON 'l'HE PHTLlPPINF. 7[2]. The tenn of office of the Senators shall be six years and shall commence. 2.) Unless otherwise provided by la w.). VII. 4. with. 6. 2. . (Art.the Supreme Court as the fin al arbiter may declare legislative meawres or executive acts unconstitutional (Art. It shall commence.) (3) Checks by the judiciary. ( c ) able to read and write. 8. Sec.The judiciary . is at lead thirty-five years of age.. on the day of the election.) (2) Term of office.A Senator must be: (a) a natural-born citizen of the Philippines. (Sec.) The Constitution has a similar provision with respect to the President and Vice-President (Art. (b) at least 35 years of age on the day of t he election (i. Sec. as may be provided by law . at noon on the thirtieth d ay of June n ext following their election. and.e. Sec.ec. unless otherwise provided by law. XI.. 10. 2-4 judges of lower courts (Ibid . VIII.) except that the hour a nd date of commencement of their term of office cannot be changed by law. the regular election of Senators shall be held on the second Monday of May. Sec. ) SEC.). as may be provided by law. VIII. (3) Qualifications. VII. They are elected at large (nationwide) by the qualified vote rs. 4L21. CONSTlTUTJO~ Sees.It is six (6 ) years. SEC. able to read and write. Voluntary r e nunciation of the office for any length of time shall not be considered ac. 2. No Senator shall serve for more than two consecutive terms. 1. an interruption in the continuity of his service for the full term for which he was elected.) and).. SEC. 2. and a resident of the Philippines for not less than two years immediately preceding the day of the election. (_. (Sec. the members of the Supreme Court and judges of lo\ver courts (Art. in turn. 4. No person shall be a Senator unless he is a naturalborn citizen of the Philippines.

ftT1e-di~qu~li. At any rate. ~.v. voluntary r enu n cia t ion of t he offi ce by a Sen ator for a ny leHgth of time shJ. 11.mnporary n~sidence in anoth ~ r place. unless otherwise fixed by law.(\ JS LATIVE D.In line with the state policy on equal access to op portunities for public se rvke a nd a ga inst. uud the Metropolitan Manila area in a ccorda n ce with the number of t heir t·espective inhabitants. political dyna sties (see Art. shall he el ecte d through a ~ s tory . Legal or constructive presence is all t h at is required.'h(~ House of Representative s shall be composed of not more than t. There i10 no li mit n::. is.e . as provide d by law. and those who. 2. (2 ) One' ~~d_e~ is the pl ac~ \vhere one h a s his t rue perm a nent h ome nnd to which.~ election.he actua l pia ce of rt!Side ncc.N :Ul.. the Conot itulion h as opted t o impos e t er m limits to guar d against the w eakne s~ in our culture that te nds to perpetuate polit ical dy n a sties. Thu. p.) Meaning of registered voter and residence.. -. cities. a Senator can still run for reelection after a brenk or in terval. SEC. (!bid .. t h er efor e .t. ( 1) A registered votrr is nne who has all tht: qu a t . who s hall h e elected from l e gisl a tive districts apportioned amoug the provinces. 26. 5. S ec. (4) M Ciximum terms .fications provided hy law anrl who has registered himself in the list of voters.. and (cJ a resi<hnt or th n Philippim>s for not l es~ than l\vo 12. not nN't)Ssarily t.:.JJ inJ eJ. a Sena tor is disqu alified lo ser ve for more t h an two (2) consecu.fk<~t ions for a voter and none -~.the int en ti on of retu r ning. to the number of yea r s on e can serve as Sena tor. whenever absent. (Art. and on the basis of a uniform and progressive ratio. h e hr... city or municipality for the p urpo::.' It. years im mediately pr~::cedin g tlw d ay of th.Sec. 5 ART. -~.wo hun d r ed and fifty member s .n ~ i dcxed. Cunni!:t of Law. \lllhat i" prohibited is to serve for m or e t han two (2 ) successive t er m s .El'ARTMJ~NT 159 (d i a regi~ t ered voter.) The above qunlifi. But a . VI. Sec.).iJLn.e of carrying on a profession or e ngaging in an nccupation does not itself constitute an a bandonment of one's legal r~sidence. are heyon<l the authority of Congress to diminish . . t. (1) 1. II .JJWLioa in the continuity of his service fo r the fu ll term for wh ich he was electe d. 26.t iue term. (Sec.. par ...cation::.) Whi lt! t heor et ically th e people a r e the best judge of whether an oflicial should be reelected or not.) There is no ~ho r tage of highly talented and motivaterl men and women to replace tho~e who have long been in office. 3 . incr ease o1· ultt~t·. 4. U See. 7t h c d.b. -·· LF.

'' They are elected from legis lative or coiLgrossional districts a nd through a party -l ist system.) G nless othe nvise provided by law. and a resident thereof for a period of not less than one year imme diately preceding the day of the election. No Member of the House of Representatives shall serve for more than three consecutive terms. or each province. (2) The party-list representatives shall constitute twenty per centum of the total numbe r of representatives including those under the pat·ty list. peasant.160 TEXTBOOK O:N THE PHILIPPINE CO~STITt !TLON Sccl. 6. 5(1 j.:::utive terms after the ratification ofthis Constitution. SEC. 7 party-list system of registet·ed national.ttwo. Each city with a population of a t leas. Voluntary renunciation of the office for any length of time sha ll not be considered as an inten-uption in the continuity of his service for the full term for which he was e lected.hundrediifty_ . women. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and. s hall have at least one representative. indig· enous culturE. ) . (Sec. except the religious sector. th e regular election of the members of t he House of Repres entatives shall be held on the second :Monday of May..thons. 8. SEC. For three conse. except the party-list representatives. at noon on the thirtietl• day of June next following their e lection. 7. and. on the day ofthe election. as provided by law. except the religious s ector.It is composed of not more than 250 members popula:rly known as "Congressmen. The Membet•s ofthe House ofRepresentatives shall be elected for a tenn of three years which shall begin. (4) Within three years following the r e turn of every census. contiguous. (1 ) Composition and election/selection. (Sec. urban poor.awl. and sectoral parties or organizations. etc. by selection or election from the labor. regional. as far as practicable .l communities. [. (3) Each legislative district shall comprh. and s uch othe1' sectors as may be provided by law. the Congress shall make a reapportionment of legislative districts hase d on the standards pt·ovided in this section. The House of Representatives. unless otherwise prov ided by law.e. one-halfof the seats allocated to party-list representatives shall be filled. The party-list representatives are filled by seleetion or election from the labor.. youth. able to read and write. is at least twenty-five y e ars ofage. peasant. a nd other sectors as m a y be provided by law. a r·egistered voter in the district in which he shall b e elected. . compact and adjacent territory.

) Congr ess is not empower ed to modify the above qualifications.:.terms which in our country have come to connote guns and goon. (3 ) qua. a nd alm ost absolute power. Sec. a representative cannot servn cont1n". Se\:tioH 2 . It is a lso consistent with the constitutional policy of accountability. 1. par. and (c) a resident the reof for a period of not less than one ( 1) year preceding the day of the election.l_i[i~(l_ii_ons~. Number. -The pro\'i:sions are the same as tho:se for Senators except that the limit is for Llt:. (b) at least 25 years of age on the day of the election.:ms. (s~c. par.the maximum number of member i'> the House of Representatives may have.1 ~.-. (Sec.L1Jlore_ tha._-q_t_h_r_~~ -(. however.Sec.. (see Art. to begin al ~:>o.pre~.'i slabve sc1 ·virc.) Under the Constitution . Th e samt~ may be increased by 'The < age requirement t<hould not app ly to :sector. 7.-· LBGlSLA'I'lVE DEPARTMENT 161 (2) Term of' office. ( 1) The Constitu tion limits to Zli_Q.Le. election/selection and classification of members. a r egistered voter in the dis trict in which he shall be elected. 7.ive and sensitive to the needl'i of their constituents. 1 (~) (. 1 "See. Art. X I.?.) If the people had made a mistake in their choice of the incumbent congressman.A r epresentative must be: ( !l) a natural-born citizen of the Philippines. ~~-t~z:_c_<:__!. rr. they would not have to wait a long bme for the opportunity to correct th e mistake by withholding a new man date. unless otherwise provided by law.3l_conse. 1. 5-7 t\RT.~!_y e_ar s. The term lim its for electt'd public officials will level the playing field for canchdates espeeinlly f(•r newcomers to the political arena. < Sec..hc youth . .ntarivcs appointt>u frorn t.te.2 Again.l. 6.) The House of Representatives is intendt:ld to be close to the peop le .. XVlll. After some r eelections. . 5r2]..lou:sly for more than nine 19) years . able to read and write. 2.which in the past made it impossible for qualified and deservin g individuals to enter t h e le~.cuti::. (Sec.d) except for a party-list representative. VI. at noon on tlH! 30th day next follo\ving their election. the politi::ian managed to accumulate much weahh and to set up his own formidable political machinery such that in m any places the people could not freely choose their candidates because tht>y Wt) l'C coerced into submission by "profes~ional politici :10s'' who had be~:ome powerful on account of long t enure. T he shorter term of three (3) years is expected to make the representatives more respon1-. the purpose is to prevent the growth of political dynasties or wardlordism. (4 ) Maximum terms.

1l and unfair way with the purpose uf giving vne political part.. crmiiguom:. by selection or election from the labor. th e ratio to be adopted must be uniform. peasant. ci ties and the Metropolitan Manila area suhject to the following conditions: (~{Such a pportionme nt shail be made in accordance with the number of their r espective inhabitants.n. ut·ban poor. '~m a ndt~dng" w here:by a tel'r\torial unit j. party-list.. including t hose under the party-list. Apportionment of elected representatives. Fixing a ceiling in its m e mbership which ~:annot be changed without constitutional amendment m ay not be practical.ing th~ voting strengt. regional and sectoral parties or ortzanizations. ." as f.y an electoral majority in a h1rge n umJ. ind igenous C\dtural communities. 95~.ition ... one territorial u nit for every 250.~w di. The party-list rcpresentative.PI:\F. the number uf constituents enlarges and as they incrc!ase in number.tio to be adopted. ev<~ ry elected rep re ~.000 or cac:h province shalt have at least one rep resentativ~. Dicti< Hiary. :Jrd New Int.h of the oppot".~ntati v e "Executi ve Ord<:r No.on.1 .aJJJ201:.. . tor e xample. T hus.b.ectoral representatives..me..tcr'.CIEJ. t ricts us pv. p. ~This is to prev(: nt the practice known a.ti. a nd sectoral reprc:..hc n:anncr cf nomimnion and appoi ntment of f.. women. youth and such other sectors as may be provided by law . on..1()2 TEXTBOOK ON 'fH:E ? II1Ll i:'.utive t erms after the ratification of the Cons titution.:. compact and a djacent terr itory.s.e ntatives with the last to exist only for three t3) conser. a nd (d'l Each cit y with a population of at least 250..trit:t~ wh ile <:<uHamtrat. in an unnat ur. (!bid) For three consecutive terms after the r a tification of the new Constitution.: CO. (2) The members of the H ouse of Representatives shall be elected fl'om legis lative districts and throug h a pa rty-list system of registered n ational . divid ed int o election d istrict. as provided by law . for \vhat m ay b f) an ideal number today nHty not he so a nymore in the yE'urs to com<~.) (8) Thus.s shaJl constitute 20'. 198 \Jun1! 18.ST!TU'JON St)CS. dWrw.-. (_c) Each legislative district s hall comprise a s far a s practicable.sihlt•.It i5 a r l:lquirernent under Section 5 th Rt th<~ tlectt~d repre~ent ativeil frnm legislative districts shall be a pportion ed or distribu ted amon g th l' provinces. As our population g rows.".. QJ) It sha ll be made on the b a!:' is of u uni for m and prog ressi v~ ratio. ~o does the need for a larger representation of the people in the H ouse of Repl'esentalives if it is t o lw truly represemative of the peop le. except the religious sector. 5(2]. t \Y\.e -half (I/2) of the seats aliocatod to party-list r~p rBs cnt ativcs shall be filled . say..h t.a (Sec. the members of t he H ouse of Representatives may be classified in to diiltrict. t2l Ra.r nf di:. G-7 law. 19lfi) provides for t. (1) .nJ. of the n umber of representatives in the lower hou::~e.000 inha bit anis or fra ction thereof.Under th ~ Con stitution.

.. -. (4) Reapportionment of legislative districts. e~9:0. it becom es incumbent u pon the government to extend such opportunity without the need to go through an expensive elector al cont est.~.. (3) R epresentati(}n of . 8.! <1.J){ . So. and Sector al part ies or organization s. if there are 250 member s . It must not be too big as t o be unwieldy.5 For this reason . It becomes necessary io give an opportunity to the various S()~.cJ.. r egional.000 inhabitants for each legislative district.. .Sec!.t. . . VI. (2) AppDilltlll£1111li. a cit y wit h a population of at least 250. This insures that the majority vote of such members ofthe House of Representatives represent the p opular majority. p. P eople will vote not for individual candidates '•1986 VPL Constitution P roj ect..The bas ic aim of representative government is to attain the broadest possible represent a tion of all interests i n its law and policy-ma king body. the ratio may be increased. 5[4]. ~1ll~t. th e party-}.IT!i.) The maximum number of party -list r epr esent a tives strikes a balance between those directly elected in t heir districts and those elected under t he party-list.000 sh all have a t least one (1) representative.r. (1) A im of the party-l ist system.~. a s population grows. IX. however. ele. L.Provinces and cities.:(regar dless of their population) provinces (wi th their component cities) sh all have a t least one (1) r epres entative each.erJJ.Jepre_s_ent~tive. or sectors of our society to have their voices heard.s. for the size of the House of Represent a tives must be consider ed.~ L g~. But.. 5-7 ART.With in three (3) years following the return of every census.9gr~p_hical and other grou£§.r£B.'l'he new Con stit ution provides.i'!r~Y~U~t.. 50 t h ereof must be p a rty-list representatives. say fr om 250.$£ctJJmLJ:ep... Party-list and sectoral representation.~~ of it s total composition or membership (ora_ratio of_ o~~. t h aV. 28. . CSecs.Under the party-list system. for every_ 4 leg:i sla~ ~!v _e__ qi s.tri~t re_pr~seut. 7. Congress is mandated to make a r eapportionment or redistribution oflegislative dis tricts based on the above standards provided by t h e Constitution (Sec.LEGISLATIVE DEPARnlEN1' 163 represents a territoria l unit whose population is nearly equ al with t h e others.gislative Department.ioiJ. in addition to the members of the Hou se of Representatives elected from the legislative districts...e. And because they are usually withou t sufficient funding or political machinery. tsee Art .P. Thus .atiu.000 to 300. } so th at inequalities of r epresentat ion that a rise becau se of changes in population ma y be corr ected..st systein has been adopted in th e new Constitut ion to assure th em of r epresentation in the high est law-making body of the Republic.a~ ) shall be elected from a list of registered national.9. The ratio must also be progressive.

s. ) If the election is held ~w hai is prohihitcd is r cpresentc !t ion of a ny . urba n poor.ii~jous A eci or. L9J Ma_y. 7 94 11 Mar.. maybe .~~lC!:. . B<: rnas . it is expected tha t enough of the people or ganized sectorally < e.o f vacancy in the Sen ate or in the House of Representatives. There ar<> two <2) kinds of elections for members of Congress . (Sec.J(laqu in G. conlesce with ot her groups in orde r t o have representa tion. 3. 1988. indige nous cult ural communities .. .Sectoral representation is necessary because it is almost impossible for . say a farmer . It will foster the rise of non-traditional. }f)q !) l wa" lwld d uring the May 11.164 T~~XT BOOI\ 0 :" TI-ll<: l'IU\. youth a n d s uch other sectors as may be provided by law. 6 <3) Need {or sectoral representation. . 9.?~J!. except the religious sector. farmer. However. provide otherwise. one half (1/2) of the seats allocated t o party-li st represen tative s shall be filled .t sy8te m just a s a ny ot. 8.e. 7 SEC. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. that they ~hould compete in th~~ regular p arty-li.ent at. Unless oth erwise provided by law...l!!.·.) to qualify fur r epr«:scn ta linn in Congrt:...) The fi r st.. as provided by la w. labor. 1998 n ationa l clcctiOH:L Only 12 of tlH' 12 1 m·g anizatio n:.~!io n .A.u.. 8-9 but for the regis tered par ties which will be entitled to such n umbe r of se ats depending on the pe rctmtage of votes rece ived. . SEC. political parties and gn~ater participa tion for \'arious interest groups. 8. --It shall be held on the S £~n~I':fonda. A priest. appointment) or election. minister or other religiou.g.. ga rncr~· d ~JHJugh votes (at least 2'1<. women. i\'l' of a ny oth er sC'ctor. is a com promise betwe'o'n two (2) vie ws in the Cons tit utional Commission. dignitary may beco nw a sct~tora l rcp re.Ctorl'> for the first three (3 i consecutive t erm.hcr. party-list elect io n un d!'r R. !\fah il:. In case . by selection (i.IPPTNE CONSTITL'TIO N Sees. from the la bor. After th ree (3) consecutive terms. "Th{: a lloca tio n of 112 of party -l ist represcntativ•~s t o t h e disadvantagHd !<P. a nd urban poor groups) will be able to win scats in the House of Representatives under the party-list system a nd those who are not organi zed hut wish to be represented in the H ouse of Re pre sentatives will he for ced to organize and. to win in an elect ion . April 29.. Kinds of election for members of Congress. by la·w. for the first three ( 3) consecutive terms from the time the party-list system ha s been in operation after the ratifi cation of the new Constitution...J. a special election may he called to fill such vacancy in the manner prescribed by law. peasant. not to mention genuine grassroots consultation . namely: (1) B. No.. S. one was that t hcy s h ould he as!< ured of rese r ved seats in th~:~ Hous e of Represen tatives tind the ot. the regular election of the Senator s and the Me mbe rs o f the House of Repre sentatives shall be held on the second Monday of May. Bulletin . Congress may.he r party or lll'ga nization. laborer or public school teacher .

-- LEGISLATIV~ D..t. MJ. (Sec.i. VI. The purpO S\~ of a regular election is to give the people an opportuPity to renew or withhold their mandate on elected officials.Sees. The holding of a special election is not made mandatory by the Constitution. This rule applies even as to members who voted against the increase. The salaries of Senators and Members of the House of Representatives shall be determined by law. .2 attending sess. any increase can take effect only after the expiration of t he full term of the members approving such incrNtse. 11.t. there is a deterrent factor to a ny such measure unless the need for it is clearly f(>]t. However. Hl66. No Member 8hall he questioned nor b e held liable in any other place for any speech or debate in the Congress or in any committee thereof. The obvious purpose of t. but with the length of time that has to elapse before an increa~e becomes effective. Every member of Congress is entitled to the privilege from arrest while Congress is in ~ession. Con.. Congress has the power to provide for higher compensation. 4. 1Phil. 1 SEC. The Senator or Representative e lected shall serve only for the unexpired term. A Senator or Member of the House of Representatives shall.he restriction is to prevent Congress from increasing the salary of its members dm·ing theh· incumbency. and (2) Special election. ) The authority to call a special election may be given by law to the Commission on Elections. No increase in said compensation shall take effect until after the expiration of the full term of all tb~ Members of the Senate and the House of R epresentatives approving such increase. O c:. SEC..It may be called in case a vacancy arises in the Senate or House of Representatives to illl such vacancy in the manner prescribed by law. of Cong rc~s cannot hold over. Section 11 provides for the parliamentary immunities of the members of Congress. the member!:. 10-11 AHT. be privileged from arrest while the Congress is in session. Salaries of members of Congress. Congress is not prohibited from increasing or decreasing t he salary of its members. L-2i'in54 .itution As.. ~~.ether or not_ h e i.EPA}{'l'MENT 165 beyond the term of office .thay. To be 5ure. Freedom from arrest of members of Congress. 10.oll. Under the above provision .'lo<:iation v. in all offenses punishable by not more than six years imprisonment. 9. .

. fo r a s long as it has not adjourned..~d. the reason of the privilege docs not obtain. In such case.YQ~~d.~~~~ ~ i~. The privilege cannot he cla imed when!: (( ) The m ember is not m:ting a s a a1 ember of Congress.t. the harm \Vhich would come fr om its abuse is considerf!d slight compared to that which might arise if t. true that the privjlege may be abused.~ and (2) The m ~ mber is bei ng questioned in Cougn•ss itself.E~~!!. enjoys parliamentary immunity in that he shall not be questioned nor be h dd liable in any ot!wr place for any ~ peech or debate "in tht-! Congress or in any committee t he reof. 'Coffi n vs. Like t lw privilege from arr est.i.i IQ!lY b~ Freedom from being questioned for speech and debate. this privi~ lege is intend ed to enable members of Congress tn disch arge their functi ons "ldequately and without fea r.oes not justify the grant of the privih!ge . waive~.).h!:l.~!. ·t Mn""'· 1. However. It ir-. but for the bcnetit of t he people . P. 11 Congresg is considered in session. for he is not entitled to any privileges a bove hi s fellow citizens. reg ular or special.: The immunity ca nnot be invoked where: ()) The offense by reason of whi ch the a rre~t is ma de is punishable by more than six (6 ) years imprison ment.tll~." The quoted pht·ase should he construed t o mean that the sta tem ents must be in connection \Vith or in reh1tion to the pe rform ance of leg-islative duties.ion.Pr.166 TEXTI:\OOK ON THE PHH.ll'l'INF.. the seriousntlss of t he offense l~. T. CONSTlTlJ'l'ION SAc.e privilege were not given.r:. or ~2) Congress is no longer in ses!'. When i.!f!rnunljy_cam:w. In this case.· A member of Congres:-. nor are the rights of the people affected if h e is placed on tht~ sa me gro und on which his constituents stand. whenever said body.r:tl!!l~_u ~!Y. Like the guarantee of freed om t>f speech or debar.o {infi·a.:considers that hi~ vvc m i s a nd conduct are disorderly and unbecoming of a member tiH:reof. by ena bling their .. this privilege is s ecured not to protect the mt~rnbe rs a gain s t prosecution.h. )Jbicl . Coffin.·eprescmtati ves to discharge the function s of their office without fea r of prosecution.iY-i} ege j ~ -~. ci vil or criminal. . !/h~?.er sonal one an<.

" If a member of Congress withholds or hyies any information of his interests. the governm~nt. or any franchise or spedal privilege granted by. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. make a full disclo· sure of their financial and business interests. upon assumption of office.. or instrumentality thereof. As to the second obhg~ttion. and (. VI. Neither shall he be appointed to any office which may ha·ve been c&·eated or. Section 12 imposes two obligations on alJ members of Congress: (. Note that a legislator may still propose the bill referred to.censured. or any subdivision. (see Ar~ XI.. including government-owned or ·controlled corporations or their subsidiaries.2') To notify the Hous~ concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. with respect to their right to engage in certain activities. 1. agency. Note that Section 12 requires ".1) To make a full disclosure of their financial and business interests.LEGISLATIVE DEPARTMENT Hi7 SEC. during his term without forfeiting his seat. 'l'he first obligation is necessary in view of the prohibition in Section 14 against having financial interest in any contract with. he is still required to disclose new business interests and notify the House concerned of the potential conflict of interest. Sections 13 and 14 provide for certain disabilities for members of the fir~t with respect to their right to hold any other office or employment.rress. No Senator or Member of the House of Representa· tivcs may hold any other office or employment in the Government. suspended. or even rxpelled by the chamber where he belongs. 12·1:1 AH'f. Sec.) Even if he is not engaged in a business activity when he file. and the second. 12. To promote a high standard of integrity in the legislature. upon assumption of office. it is a betrayill of public trust for a member to vote for the approval of a proposed legislation from which he expects to derive tinancial advantage especially if he is the author thereof.Sees. 13.fu!J. DisquaUfication to hold any other office or employment. . SEC. All :Members of the Senate and the House of Repre· sentatives shall. Disclosure of financial and business interests. u bill but later gets jnto su(:h business. he may badisciphned -. disclosure. Precepts of propriety and ethics underlie the constituCon~:. the emoluments thereof increased during the term for which he was elected.

o r quasi-judicial a nd other administra tive bodie s.:omm •.cP.. . a member is disqi. 1 U nder this provisio n.talilie d to hold two classes of office.f h~ r~s!gl:l_~..IUIT~~-~ :.-:.!J. sl~C.mpa_ti}J. or in a n y franc hise or spe cial privile ge grante d by the G overn ment. p. l t i~ violative of the very essence of dem ocracy a nd politically immora l C nr a mem ber of Congress to tur n his ba ck on his bounden duty to ser w the people who elected h im to be th eir r e prese ntativn in Congress and e xpected him to serv e as such for the full term.t. Hi s occupying a nother position depr ives his w nstituency of its r e presen tation in C ongres~.:on. inclu ding ex officio mem bersh ip of a ny nom:ongress ion nl bod.h ~.In.Qffke.Jl<lt. E\.UU: . including a n y government-owne d or -cont rolle d corporpt ion.. for which he was elected (S ec.This r efers to a ny office c r ~ ated or the emoluments of which have been increased d\U'ing ..e.m ~ _b er_§.an. op . Ne ither shall he..} ~f.y Ulc terminaiion . me mbers of Congres ~ might be te m pted to crea te offices or increase t heir emolument s for personal gain. seat..<JLC..si&n office.:hereof.oiutllli:n.J. 13.lw !L have 1(~t\ hi!§.e.i.e l~ .s.. wd.r. 14 Uonal pr ovision disqualifying mem bers fro m holding t:erta in offices in the gove rnmen t.tl~ . including govern ment-owned or -controlled corpora tions or their s u bsidiaries du r ing his t erm. He shall not in terve ne in any matte r before a n y office of th e Gove rnme n t for his pecuniary benefit or where he may b e calle d upo n to a ct 011. T he phrase "any_Q ther. committ0. A Sena tor or Representative who acc epts any other office or employmen t in the government during hi s term for feits h i:. . sion in a ny guise whatsoever.Gl. namely: ( l) . (2) E.. 14. or a ny s ubdivision. ' V G...This incl udes any kind of office or e mpl oyment in th e gover nmenC or any subdivision .. be interested financ ially in any contrac t with. Th e ~tc:r. VII.g _eJjgiblc_fo. . offl~-~b.iod . acco unt of his offi ce. not tenure.c. or its s ubs idial·y._t. bi.I.to an.r. doc." indude s any position in the government outside of Congress . Without the prohibition.t come .b. cit .b!J.Q. .v. (Se e Art.a p_p.ligi.Y"::\\:~:~ r~ s P~. agency.l..Qf. The prohibitiou i'i nds its r ati ona le in the need for members of Con gress t o de vote their time a nd attention to the disch a rge of t heir legisl ativc res ponsibilities.>_Q..s.mtil_a f_!:.memh~. S E C.oz:_lo~e~-~~i~_.59.tr.s.loH TE XT ROO K nN T HF: PH ILIPPi i\'E CONS"l' lT UT IOl'\ S ec. or ins trumentality .of.e.s~~t. . 1.Qf1 kl. Sin(:o.'!J._le_qffice .). ~.<:t to.:rop_)Qy!l_l ~D t.nn. dul'ing his t erm of office . No Se nator or Member of the House of R e presen t at ives may personally appe ar as counsel before any court of justice or be fore the Electoral Tribunals.!l.Lto 'such otficc even i. th~i>9 . age ncy. or inst rume ntality the reof. directly or indirectly.of jne.e o1· ~.t:wg.:y. not merely during h is t enu r e or period of actua l incumbcn<..r:bid . 4...

X..oi£i~e.l:J.gr{.lJ?.n.il.t. Fi~tEncial ~.e.LEGISLATIVE DBPARTMENT 169 Fiduciary position of members.!. direct. (2}...i:.. {e. en~ry vote on any pending lc.prohibi tions under thic. fil.F:x~rtion of undue influence is also ilought to be avoided.r. . . P. 'I'hc.J:. With respect to appear~t nc. subject underscore the fidnciary nature of the position of a member of Congress and thus lend effe~ tivene::.g(~ . Financial interest in such contract by the spouse is indirect financial interest by a member of Congress . .·e measure shall be dictated by no or.l!.g. . VI .ma"tter .·i st> to prevent members of Congress ft·om making use of their inf1ucnce for purposes of financi al benefitorreward .A member of Congres:s shall not appear personally as counsel before any court of justice or before the Electoral Tribunals or quasi-judicial and other administrative bodies..tc.. be intere ~t~d financ ially in any franchise or special privilege granted by the govcrnnH?llt..ly or indirectly..t.!&.. _ nted by ii~S. subscription to the capital ~tock of a government corporation) or business out of which a member of Congress is t o d•!riv~~ profit or gai.f.ere:>ted financially in any contract with t he government...~iLno..§fl. firy.... cbarged. Sec.. etc.n.s.. t\npg ~r. The purpose is to remove any possibility of influence upon the judges of these courts or heads or members of these bodies who might be swayed in their decisions by their hope for future appointments to higher positions.nv:mt.J}.before the Electoral 'rrihunals.._g_nce.t.ru:e.ART....l... be int.Ontract wilhJl. (Art..!J~·e_st f_r!-_f!IJ. --He shall nr.e.J!.P. The purpose of the prohibition is to prevent a member of Congress from using whatever innu<mcc and pressure jn the award of government contracts. during h is term of office. W) fJ1wncia l ipterest in . the reason for th(: prohibit-ion is the inconsiste ncy of a mE·mher's position in representing a party who may not be entitled to be a member of tht~ body to which he belongs . The reasop for t his prohibition is lihv.:.But it docs not extend to such contract entered into by a son or brother of a member of Con gress unless used as dummy or the member is pecuniarily interested in the contract..H<> shall not intervene in any cnuse bcfo~e--any. -...i!r:.!~tere.~{the govern ment for his pecuniary benefit or where he may be called upon to act on account of his office or to give his vote as member of Congres. directly or indirectly.rt~ .l.cs.and (4J Intervention in certain matters. Borrowing money from the Philippine JS'ation al B a nk cannot be considered one involving financ ial investment from which the borrower expects tO obtain profit.f..rui.!J.9£! as__f:...()_U.(Lru:i!JLi.eL(J.rtfJli.l1JlJ.fc.a ny_~Jf~t. The prohibition seeks to insure that h i.r.{JJJJ._g_or!!.it.:gislati. during his term of office.rDhibit.jqJ__ JlJ:i.fLt.. Xf. .1:JU.He shall not. 1.QJ.) They may be grouped as foJlows: (1 ) ~Pl!..t'i to the ptinci ple that public office is a public trust. -...(frG!I.for .J:.r.. etc. whether as an individual or as a member of a partnership or as an officer of a corporation.i!l in any contract is interest which involves financia l investment.ia.

" A. .!Ll!?.\l:r..1 During a r egular session. The President m ay designate t he subjects in his proclama tion or s pecial messa ge calling Congress to n special session.ur..§. 15.. The Preside nt may call a special session at any time. This number of days of regular ses>~i•ltl did not g ive Congre. and it applies wht•ther or not he personally der ives any pecuniary benefit or advantage fro m his interven- iion. Secret meetings of Congress or any of its com mittees are called ~~-~-\!: . 15 oth er conside rat ion t han t he public ~·o <l d ..£.Members of Congress receive fixed yearly income . 16l4] . Sessions of Congress.Qn!. no prohibition from holding sessions on Sat11rdays.e.pecial sessio ns.. and shall continue to be in session for such number of days as it may dete rmine until thirty days before the opening of its next regular sess ion.l!Jy fo r its regula r session unl ess a different date is fixed by law. There is. Sundays. .!.ti. be discussed i nvo! v e s 4l. to s ession to consider such subjects or legisl ations as he may designate.session sha ll continue for such numb ~r of d ays as it may determine .~g ~-~.ssio(t. It may enact Ia·ws relat ing t o other subjects. the Congress may legislate on a ny matter it deems fit.-· It takes place when the Presiden t calls Congress.UY:. during the time thariT is in recess..lu. Once it is convened.~iS_$.th. unless a different date is fixed by law.g..e. - Congress shall convene once ~ very year on the w. It is only proper that it be on the job throughout the year.s enough ti me to pass importan t bills a s shown by the fact th at yearl y the P reside nt had to call Congrc!!S to a s eries of E.) ' Under the 1935 Constit11tion. Lawmaking is a full-time obligation and not a mere sideline .. The Congress shall convene once every year on the fourth Monday of July for its regular session.pening of its next regular session.fuu~.... Its duration is not limited by the Constitution. The Presi dent may also limit the duration of thl~ session but once it is a lrea dy in special session. SEC...lim_s. (2 ) $pg_ c:JE! §ession.M®... S undays and lega l holidays .hgt_9_if t.170 TEXTBOOK ON THE PHILIPPIN ~ CQNSTI'l'FTION Sec.. Congress may determine th e duration in accordance with the needs a nd exigencies of the buoiness before it. the Congress was mandated to hold once a year only a 100-day regular s c!lsion toxclusive of Sund ays . (see Art. exclusive of Saturdays.l9. the . exclusive of Saturdays. (1 ) & gular.\l5.QruL_9JJ.\HdO. Sundays. but the power of Congress is not limited to the subjects specified . . and legal holida ys.t. and le gal holidays.until a o_day~ before ::. however.§~lQ. Congress shall be virtually in session for t he entire year..

punish its :Members for disorderly behavior. shall. (2 1 Each House is authorized to choose such other officers as it may deem necessary (Sec. (5) Neither House during the sessions of the Congress shall. elect the &enhl. Each Honse shall also keep a Record of its proceedings.t. when imposed. A penalty of suspension. without the consent of the other. such as a Senate President/Speaker Protempore. in its judgment. suspend or expel a Member. at the request of one-fifth of the Members present.··-.E. with the concurrence of two-thirds of all its Members. excepting such parts as may. They .into a working body to perform their constitutional duties and functions.LEGISLATIVE DEPARL\J[VI' 171 SEC. (3) Each House may determine the rules of its proceedings. (1) The Senate shall elect its President and the House of Representatives its Speaker·.r. (4) Each House shall keep a Journal of its proceedings. a floor leader. a disbur&ing of:· ficer. Each House shall choose such other officers as :it may deem necessary. be entered in the Journal. VI. nor to any other place than that in which the two Houses shall be sitting.16. and the yeas and nays on any question shall. a sergeant-at-arms. 16[1J.. (2) A majority of each House shall constitute a quorum to do business. (1) Congress Powers and functions of Senate President and House Speaker. The Senate President and the Speaker hold their office at the pleasure of the respective members of both Houses..SC'c._se oL~ill2I!Z§i~T)tatives. by a majority vote of all its respective Members. It is important that the officers of both Hcuses be elected at the earliest possible time so that they can get organized . by a majority vote of all its respective members. a secretary. The rules of the present House of Repl~e­ sentatives provide for the election of three ~-Dep:u. shall not exceed sixty days. etc.e.y S. 16 ART. and under such penalties. but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner. The Constitution does not define the powers and functions of the Senate President and the Speaker of the House of Rer-resentatives. Officers of Congress.ne~k~r~ in place of one (1) Speaker Pro-Te~1pore. as such House may provide. technical assistants. and from time to time publish the same.).es:idcni and ~er oCthe tl_Q!:!. and. adjourn for more than three days. affect national security.

sign a cts. s hould not be counted. As . vs. Under Section 16(2). Sec.leas.!g.J:i. and under such penalties.Jlufur. 1962. 12l2) t hereof.51nd on whom tb. it was h eld that the basi~> of the quorum in the House of Representatives (the h>wc1· chamber) is the nu mber of th ~ mem ber:. 4 See 51 C. 83 Phil. 16(2J .e !!~~~s. <:Qer_~i~_ru. 6 SCJ{A 1042.-···-· Basis of quorum in each House.. ~Jovellana 1 . a quorum is body. the latter requiring less number than the former.~ !I.w~r. C uenco. the basis of the quorum is not the number of all the members who constitute the entire m embership of each House. 16 are .. Tayo. who were withi.:i. issue subpoenas. implied from their position as a dministra tive hea ds a nd presiding officers of their respective cha mbers. preserve order and decorum. Meaning of quorum.Qri.u_t):le P hilippines . lAvl<lino v:s. no coercive power to enforce its authority and command. r esolutions .) This smaller body is competent to issue orders for the arrest of the absent members a nd t o choose a n acting Senate President or Acting Speaker as an emergency measure.AllLho. however. ther efore. Dec.. 1 7. In the a bsence of a quorum . i!. a nd a ppoint personnel.ty_of e ach House" shall cons titute a q uorum to do business (Sec. 2 Ordinarily. as each House may provide. decide a ll questions of order. Under the Constitution. Other powers may be given t o t hem by the rules of their respective Houses for purposes of efficient sta ff s ervices oflegislative work. VI.AJnru.1 ~" .1 In other words. A ~uorum is such a number of the membership of an a ssembly or collective body as is competent t o transact its business. ".such. !!!!. they pres ide over their sessions.). There is a differ ence between "a majority of all the m embers" of a body and "a majol'ity" of the body. it is that number that makes a lawful body and gives it power to pass a law or ordinance or do any other valid corporate act.3 Adjournment in absence of quorum.4>-. Members suspended or otherwise prevented from participating in the functions of either House or who fo r the time being may be outside the Philippines a nd on whom Congress has .J._ rgxTBOOK ON THE PH1LIPPlN£ CONSTlTUTION Sec. 29. orders a nd warra nts. a smaller number m ay adjourn from day to day and may compel the attendance of absent members in such manner. (Ibid.t~i:la1[£lus one of the members of a .!.) 4 lb id. and discipline them.and <·omala!l!h. 3 C nder the 1935 Constitu tion which has exactly t he same provisio n IArt. at.) duringit~--sessions: whether regular or special.cc. 305.

ult vs. 7 Co<>ley. disorderly behayioi_ilbad. Contempt i$ willful disoix>dit>nce to or open dis respect of !I cou rt or legi 11la t in~ body..fQr_~Jm t~m p. . Balin. (Sec. "Arna.J. or morally u nfit. in what order certain motions shall be received and acted upon). It is a necessary and incidental power to enabl e each House to perform itE.o.Sec..__u.h igh functions.~s. 87 Phil. what shall be the order in which the business shall be taken up.. obscene a nd abusive l a nguage. ~u. or in the habit of using profane.mish.b.S.19. They are intended for t he orderly a nd proper disposition of the matters before it.h. A member may be physically. Meaning and function of rules of procedure.:res§Jy giv~s ea~h H ous~_t._~-~l}re the rules made by any legislative body to regu late the mode and manner of conducting its business. legislative bodies have the power to protect thems elves by the punishment and expulsion of a member. 29 . 8th E d . HIO . Hi ART. or insane.n!~. 16(3]. 6 They cannot repeal or alter statutes.. p .mb.J. what committees.r to. It is a power of protection.not imply ibat it b.LEGISL ATIVE Dl~PARTMENT Without the above power of each House.t any o~her pers.r '\See He iskell vs..P~~r..!l. 5 .P. ~-~th~. penalties to be imposed upon erring members . and ma n y other kindr ed mat-ters.e. member s who refuse to attenn its sessions could obstruct legislative work. . YS..Jn. Nazarene).~X..e.Lda... ment ally. 7 T. are proper subjects of the r ules of procedure.t itl!tiQ n .9-'Y. Li mit.~ILI!Q .!.t. . 4 At!..~ P..QQ. and upon what subjects they shall be a ppointed.n. Th~ reason for this is that the Constitution and statutes are superior to the internal rules of Congress. Thus. The powQr to punish or expel a member need not be specified in the Con stitution s ince it would exist.o. or afflicted with contagious disease.g . VI. whether expressly conferred or not. . The Constitution empowers each House to determine the rules of its proceedings.) Any such r ules is subject to revocation or modification by each House.hU. Ma>"r. Nature of power of each House to punish its members.s .li!!J:!~-~[E!Oc~c!. the procedure and r ules to be observed in its deliberations (e.TI. or noisy.h~. l1 7. or violent and disorderly.i~~.--·. I T he rules promulgated sh ould not ignore constitutional restraints or violate fundamental rights.!>. Co nst.. Even in the a bs ence of parliam entary customs and practices.. 144 U. election of officers .Ji." Limitations on power to determine rules.

.d. 16 Punishm.~nsio n.ti~'!.o day. ---. c i t()n in Montgomery vs.of salary.. i. It must necessarily be the sole judge of wh at constitutes disor derly behavjor not only because the Constitution has conferred jurisdic~i on u pon it.ll~i.u n .en t may . . The record is frequently spoken of in t he plural as t he "journals.174 TEXTfiOOK ON ·rHE PHlLIPI'INE CONSTTTUT'IO~ Sec. :{96.g_i~. ~. 125. Each House sole judge of disorderly behavior. _ The object of the requirement is to insure publicity of the proceedingJS of Congress.:. and from time to time to publish the same.. 10 (see . this sha ll ~-.form.~~L6ii~ciRY. in its judgment. and they a re permanent to assure t hat rights- YSee Alejandrino v. 'fhe courts arc not authorized to control. The journals fulfill t hat role. 10 See French YS. <1 01. however. 863.mP. Osmei'ia v:. l.ur. th e people are deprived of the opportu n ity to elect a replacemtmt for the period of the suspension. .RA.o them. .-. 5 1 L.-." (Sec.e. . They a re public because all a r e required to confi)nn t. .Pl. 9 An in definite suspension is considered worse than expulsion in the sense that in lhe former.. b u t because the matter m ainly depends on factua l circumstances of which said body knows best.. 16[ 4].. or forbid t he exerci!'le by Congr ess of its power to punish a mem ber for disord erly behavior .?t61-"dj ··-··--------- --. 'fo s uspend or expel a member._ fitte.._ Quezon.n.emblies. Art.. 11 Cu!.J Meaning of legislative journal. Sec. .. VIII. the concurrence of b&:o. Penda t.9~ Votes required.(lf all th~ members of each House is necessary..•..lli. It is so-called because the proceedings a re entered therein in chronolog ical order as t hey occu.. 146 Cal. The Constitution r equires t h e Congress to "k eep a journal of its proceedings . revise. _._£X. affect n. 604. Law anrl Practi~:e in Legislat ive t\s.a tional security...__~.: n_al is defined as the official record of what is done and passed in~ i"~g-fslative assembly. A]t. 109 P hil. and a cor responding r esponsibility of the members to th eir r espective con s tituents. 1. 46 PhiL fl:{ ..) ' . a vacancy d oes not a rise and consequ en tly. par.--- l f-ach Hou>w hal> no power to suspend a member for an indefinite period ofttme.excepting_svch paJ::t.forfcit.u. If the penal ty iU:QR. 126 A\11.riman. Reasons of public policy d~mand a recor d of the actuations of a legitlla tive body kept in permanent form and open to p ublic inspection .e. Gasto n.thir<.s as may.la tive jouJ.Q.take."11 Purpose of journal-keeping requirement.!l)_e n_h_~spensiop__.the .. oLr..h ing.~.. Senate. from day t.

) ev en in the abs ence of a request to that effect as it is of great importance that. (Sec. and qualifications of their respective Members. 26[2). vs. 24 Phil. 729. such vote be recorded so that the people may know the stand of their representatives on a particular measure. Without the consent of the other .) Adjournment by e•ther House without consent of the other.essions of Congress. 17 AR'r. and (i)j The vote of each member of the House of Representatives in impeachment cases. at the r equest of one-fifth of the members present {]bid. VI. The Constitution requires the following to be entered in the journal: (1) The y eas (affit·mative votes) a nd nays (negative vote~) on any ques· t ion. Clark.). . XI. . 16[4 ]. 17.) Without the rule on adjournment. Pon. Each Electoral Tribunal shall be composed of nine Mem he rs.. Sec. 26(2]. E very bill passed by either House has to be voted u pon by the other before it is prescntfJd to the President for approval. During the :::. 3[3]. 16[5].. a House can delay or h old up the work of legis lation.) Each House shall a lso keep a Record ofits proceedings. it cannot adjourn f<n· a longer period or to some ot her place than that in which the two Houses sha ll be sitting. (Sec.~. The Senate and the House of Representatives shall e ach have an Electoral Tribunal which shall be the sole judge of all contests relating to the election.) Matters which in the judgme nt of e ach H ouse affect national security s hall als o have to be entered in the journal but they shall be excepte d fro m publication. . (4) The yeas nnd nays on the repass age of a bill vetoed by the President and the names of the members of each House voting for or against (Sec. either House may adjourn for not more than three (3) days.SP.. fH9 .) SEC. . 143 U. (2) The yeas and nays on the passage of a bill upon its last reading (see Sec. (Ibid.Id vs.S. (see Art. 27l l ]. 12 Matters to be entered in the journal. ( 3 ) Such other matters which each House in its discretion m ay direct to be so entered in the journal.LEGISLATIVE DE PART~1E~T 175 acquired upon the faith of what has been declared to be the law shall not at som e future time be destroyed by facts made t o res t only in the memory of individuals. returns. 2'7Ll]. (see Sees. th ree of whom sh all be Justices of .c. .).5. lf. 11 See FiP. .

ts sha~l n1e~t _ ~t_ilir_1¥hj!~ !!l.e. The senior Justice in the Electoral Tribunal shall be its Chairman. C-Stwtinn 2r2) thereof.t:~~-. IX. as the case may be.:~!!. thirty_<l~ys after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.. It ~ha1l be constituted within :30 days after the Senate and the House of Hepresentatives shall have been organized with thf~ election of the President and the Speaker. 17-19 the Supreme Court to be designated by the Chief. chosen on the basis of proportional representation from the political parties and t. 19.176 TEXTBOOK OX THF.~~~~~-~nd functions as are ~r~!~. (Sec.~-o~f~!:.er~•. and the t•emaining six shall be Members of the Senate or the House of Representatives.Justices of the Supreme Court designated hy t.. SEC.Justice. (sec Art.rlla~ or~ ~!ljority of ~ll .:ch . C-Sec. i~. !!!.An ~~1ectoral Tribunal.) (2) Reason for creation. twelve Senators and twelve Members of the House of Representatives._cha_!X~.J=:onJrr. . S:t<:C. 19.Under the 1973 Constitution.P. who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein.!~. constitution andjurisdidion. as the case may be.heir respective members._<!!_!i. PHILIPPINE CO:>:ST!Tt. 1\hc ~~m~ission on Appointmen.) It has exclusive juri~diction over all contests relating to the election.mcnt.!IP~n Jt. The Electoral Tribunals and the Commission on Appoint.La! _t~~ ~~ll-~f.~-~.. The Chairman of the Commission shall not vote.s shall he constituted within. elected hy each House on the basis of proportional representation from the political parties and the parties m· organizations registered under the party-list system represented therein. composed of nine (9J members . except in case of a tie. as ex officio Chairman.~U.:TlON SfCS. rctums and qualifications of t. . this power was given to the Commission on bledions.~~~ .he Chief .three ~:)). The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. 1 It would seem inappropriate~ for 'Article Xri..its. 18.Justice and six i6) members of the Senate or the House of Representatives.i~ session. The Commission shall rule by a majority vote of all the Members. There shall be a Commission on Appointments consisting of the President of the Senate.·--··· ----------· Electoral Tribunal in each House. (1) Composition.Memb.he parties or organizations registered under the pm·ty··list system represented therein -is created in each House of Congress. 212].

op. by a majority vote of all the members. 195 . With a mixed membership partly tak'3n from the Supreme Court and partly from t he House concerned.S !:'CS. M EN1' 177 ' an admin istrative a gency. by their composition and the method by which they arc consti tuted (Sec. constitution. th e representative of ~. 1 i-19 AHT. VI.: of proportional tepresentation from the political parties and the parties or organiz ati ons registered under the party-list system. in a way. Cnlike an ordinary joint committee of the two Houses. elected by each House on the ba~i:. solve the problems presented above . (1 } Composition. The Commission on Appointments in Congress. Sinco.ort of joint committee of the Senate and the House of Representatives. Like the Electoral Tribun als. 12 Senato1·s a nd 12 members of tht! H tlttse of Representatives. to act as a judge of election contests affecting elected members of no less than the legislative organ of the State.sure a fair and impartial determination of election contests involving the right to legislative seats. which has to report it!-l action to Congress for approval or disapproval. within ·ao session days of Congress from their submission. 19.G.:. and naturt'. at th e call of its Chairm <'l n or a maj ority of it. it would be imprachcal to make each House the sole judge of snch contests as this would make the procedure unwi eldy and the deliberation immersed in partisan polltics. Once created. The Commission on Appointm ents is. an independent bociy of sufficient stature "invested with a m easure of judicial temper" nnd free from the cont r ol of political parties is created to in. legislative in composition but executive in fun ction.. It meets only whi le Congress is in session. 17. composed wholly of a ppointive members. members.5 members ·. The Electoral Tribunals. The system also enables Congress to concentrate on its prope1· function which is lawmaking. 2 (2) Power or function. the Commission on Appointments is constituted within 30 days after the S enate and the House of Representatives shall h ave been organized with the election of the Senate President and Speaker.The p ower of the Com m ission on Appointmen ts is to approve or disapprove appoin tmen ts submitted to it by t he Presid ent. On the other hand. ·-· LEGISLA1'lV8 DgPART. it operates as a distinct entity. rather t h<Jn spend part of its tim e adj udicating election contt~sls. it is a ::. however.. It must act on all such appointments. the Commission on Appoin tments acts independe ntly of Congress and is legally not responsible to H . an i ndependent constitutional body notwithstanding. ) As created and constituted. --The Commission on Appointments is composed of 2:'. . cit . . p. to discharge its power s and functions.) .the Pre~ident of the Senate as ex officio chairman. (Sec.

' This requirement. to some llx t. 20-21 Congr esf:. u nder the 1935 Constitution was that the appointment process became highly partisan.l ~:~tive Department. 28-29.nd other mi. v~ste d \Vith full authority to consider the nominations made by the President to the more important positions in the government.hat it is best to have a deliberative body pass upon appointments to important positions in the government. Sec. in the govcrnm t:nt itself.he hook:> of account.. a. for lhe e ro. as a larger body can.XTBOOK ON THE PHILIPPINE CONSTITL1TlON Sec. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly publishe d rules of proce~ dure.) Such hooks s ha ll be audited by the Commission on Audit.o.. t. . is based on the principle t.-.. The con sti tutional provision will limit the opportunity to misappropriate public funds. pp. 20.The creation of a Commission on Appointments. 1 . 7. (see Art. however. Congress may prescribe by law the conditions to be complie d with in the exercise of t he right vf inspection of its records and books of accounts. one of the principal reason.e. This alleged practice wa:. 'The above provi~inn i.SEC. The records and books of accounts of the CongrE>ss shall be preserved and b e open to the public in accordance with law. SEC.:. The complaint against the practice. ·'I bid. There was a strong public suspicion thnt the members of Congrerss thcm.178 TF. 4 1986 UPL Constitut. ht•nce. is not absolute.ent. It is a good procedure to give the names of presidential nominees the widest publicity possible before appointil"ents are finalized in order to afford the public an opportunity to present their ol~jections to the nominees. The Philippine experience in the 14 years after the declaration of martial law in 1972 showed that on~ person cannot cany out the job of srr~ening prospective appojntees as well.. which was prov. .s. considering that membership of the Commission was drawn along party lines. which shall publish annually an itemiz£>d list of amounts paid to and expenses incurred for each member. and such hooks shall be audited _ b y the Commission OJl ~qdi t which shall publish annually-an itemized list of amounts paid to and expenses incurred for each Member. III.~ {3) Rewwn for creation.ion Project.elves rect:'ived most of the extrnvagtmt clerical hire and tho soCt!llcd congressional allowan ce. Congress is enjoined by the Constitution to preserve and open its records and books of accounts to the public. nfCongros..ided in the 19~5 Constitution.cellan~~ous cxpHn. 21. 1935 Constitutiotl.::ion oft he people's confidt:>ncc in thflir Congress and. not. however .s had never been op~ned to the public. The rights of p ers ons appearing in or affected by such inquiries shall be respected. Legi. found in thP... Records of Congress open to public..

. of~inquiri cs" t o gather bcti' l O niu <!i ther House in its legis lative function .he power to investigate as it is an essent ial and appropria te auxiliary to the legi sl<~tive function. to propose amend ment~.ic ularly of :. cit. · . Section 21 authorizes each H ouse or any of it.) of pcr son:s appearing in or affected by s uch inquiries must be r espected. p .Jons.Sec. etc.2 abseii._- . U likcwisP. dopend on the whim s and caprices of the membe!'s of the investigating committee. In legisl ative investigations.which is not infr equently true -· re courH: mus t. Thus. tbe word "in ve~tigation . -._ e. some means of compulsion may be essential to obtain what is needed. both Houses arc div ided into CommitlP. however . r ight to counsel.tud~·ing ch(' great num ber of hills filed.8.A legisla tivE> body cannot legislate wisely or cffectiv~ly ·IiiTh. 'lArnault vs. A law enacted after it h a .on t e:. ' In order to di.!:'s. ' See V.r poration in t he statute-hooks. McGrain v><. is a mi. (2 1 . extends to hearing-s on other matlt~rs within its jurisdiction notably the power to impeach .. of informa tion respecting the conditions which the legislation is in te nded to affect or changf). enable8 the executive to enforce it mor e effectively and the courts to apply it more wisl:!ly or correctly. N<t zare no. So. p.:.Q_Qthfl!.incrimination..N1' 179 Power of legislative inquiry and investigation..1rt.·This incidenta l function of a legisla tive body ·otht~ t· deH1rabie resul ts . l n fact. 8 6 Ph il.stribute their work . 273 l!.tifying lu~fl•re it. Each H ouse is required to publi sh the r ules of procedure to be followed in said inquiries for th(: guidance of any person who may be summoned before it. be had to others w bo do possess it. They can l:llso help crystallize and influence public opinion on important issues. as in the court!S of the (:onstitutional rights (e .nomer. this power has been abused by some legislators hy making it an instrument of oppression. ~eg.-. committecH 1 to conduct inquiri es (investigations ) in aid of legislation. op. 199. Even in the absence of the provision.ce (2) Other desirable bem~fits .r s erves only the purpose of legit imate inq~iry. Llrmgh~~ rty .' justic~. Jt i. 7134. ' The ConstiLution speak.. p. and to take disciplinary action a gainst its members.:~ produc-es· Scope of the power.~ boyond the scope (I( the power to find probabl e cau~e or guilt r. V I. 29... 21 AR'r. tit. Congress may exercise t. the hearings must be conducted strictly in accordance with said rules and not. Congress has the power to punish for contempt a person •vho r efu ses to give testimony or in formation p()rtinent to the inquiry within its jurisdiction .i:'>latiue fnnction.J. Legislativ~ h~~arings enable the public to inform itself on governmental problems. Sinco.The power of inquiry and investigation4 exists n ot only. 135. to enable Congress to dii:~charge effectively its primarily legislative or lawmaking functions. G. ''Tanada > llld r'ernando.d. The r equirement seeks to ensure that this vital powP. and where the legisla tive body does not itsel f possess the req uisite information . rights against sel f.LEUISLAT I VB DEPARTMF. In the past Congress. been shown by facts brought out in such hearings that warrant its inco.~.g.t...L_i~tL£0.f any P<~ l'. ( 1) lii. up. ( 1) Sound legit-dation. .

by a vot e of two -thirds of both Houses in joint session assembled.lative body (or a court) in the couri'll'l of exercisi ng its powe rs. voting separately. Note t ha t Section 22 r efe rs only to heads of departments and not to lower executive officials . (1) The Congress. heads of depart ments cannot be r equired to a ppear before either House under pain of being decla r ed in contempt1 in view of the separation of powers between th e legis lati ve and executive bran ches. (3-) Written questions shall be submitted t o the Sena te Preside nt or the Spea ker of the House of Re pl'esentativ~s at least three {3) days before the scheduled appearance of t he depa r t ment h ead concerned t. upon the request of either House on any matter pertaining to their departments. Th e President may prohibit t he appearance of hea ds of departments before Con gress. and the management of the affa irs of the various departments particularly if the proceedings a re a dequa tely communicated to the people wh o will be in a better p<Jsition to evaluat e the performance of an administration as a whole. However. (2) They may appear u pon their own initiative with the consent of the President. 22·23 SEC.CGlle~s willful disobedience to a la wful order of. the appearance shall b e conducted in execu· tive session . '. The h eads of d epartments may u p on their own initiative.o give him time to prepar e h is a n swers and to submit document~ in support thereof. 23. or op<"n disrespect of. a legi:. SEC. activities. as the rules of each House shall provide. app ear b efore and be heard by s uch Hou s e on a ny mat t er pertainin g to their departments. When the security of the State or the public interest so requires and the President so s tates in writing. ( 1) Under Section 22. (. but it sha ll be conducted in executive sessions when t he security of t he State or public interest so re quire~ and the P resident so states in writing. 22. the interpellations to be made may covt:r not only the written questions s ubmitte d but also matters re lated ther eto. Such appearance i s useful as a device for monitoring the programs .lt'S. Wr itten questions sh a ll be submitted t o the P r esident of the Senate or the Speaker of the Hou~e of Repre· sentatives a t least t h r ee days before their scheduled appear· a n ce. . Interpellations sh all not b e limited t o written quest ions. or willful obstr uct ion of.lRO TEXTBOOK ON THE I'H ILI I'l'lNF: CONSTITUTTON Si. or even without the consent of the President. Appearance of heads of departments before each House.4) The proceedings s hall be open to the public like other sessions of each House. but may cover matters relate d thereto. shall have the sole power to declare the existence of a state of war. with the co nsent of the President~ or upon the req uest of either H ouse.

l.ilie..s.g..). The President.o_ . or entity.i~. may find it necessary to engage in war without waiiing for Congress t1 make a declaration of war.iLf" in the 1973 Constitution which is retained in the new Constitution except with the insertion "of a r. War contemplated.V{ar. (Sec..! The emergency powers may be granted by law to the President only tn t~mes of war (whether declared or not) or other national emergency (e. .F~wer. it may not be possible or practicable for Congress to meet and exercise powers... certain conditions . Delegation of emergency powers.. the... It is the Congress that determines whether there is a war or national emergency (see Art.R~~. Sec. VI. Y.) The phrase "to declare war" in the 1935 Constitution was changed to ".ex. agency. because by express constitutional provision. (Art.QlJJtiQn. not an aggressiv~. II.) During grave emergencies. XII.1 Because war directly and vitally affects all the components of the entire n ation. 23 ART.tate" because the original provision in the 1935 Constitution may give the impression that Congress can declare a war of aggression.esi dg_Qh_~:t. voting Sl:lparately (not jointly) is required for the exercise ofthis power. grave economic depressionJ. it is deemed essentia l that the reAponsibility to make such declara tion should rest with the direct representatives of the people in Congress..xt.e.ne..~Wn.. <:!..LEGISLATIVE DEPARTMENT 181 (2) In times of war or other national emergency. . The concurrence of two thirds..as.hority to any other office.s.ithdra_w_n_b_y_~~~.lows: . met:t any s. w.t. 2. t.dare.s.C.W..puw.the ~Cog~itY:1~0.. (see Sec.i ve. fuJ.~..ongr. ~Sh. The Constitution grants Congress the sole power to declare the extstence of a state of war. the Congress may..:w.uch occasion.shall ~.lllils . the President. ~~JLrkS_~ly_p_er. rebellion..grant I egi sla t. While the responsibility to make the declaration rests on Congress. t. the J:!.uf both Houses in joint session assembled. Sec.ournment the&'eQ4 Power to declare existence of a state of war.. for a limited period and subject to such restrictions as it may prescribe. authorize the President..t. through his dealings with a fore jgn country.e.r.!l.s. 23[1]. Section 23(2) is an exception to the rule that the Congress may not delegate its legislative aut.2Ube Conaress. The war contemplated here is ~-A~~nsive.S<' C. the Philippines renounces war as an instrument of nationa l policy.~ .Qoner. lJ. 17 .adj.I.oi.nle&.>j~. by law.o..o. to exercise powers necessary and proper to carry out a declared national policy.e. may bring about a state of affairs that Congr ess may be left with no alternative but to r ecognize and declare t he existence of a state of war. . To .d. 28f2]. however.

SEC.. All appropriation. An appropriation.J. They are designed to supplement the general appropriations. Meaning of appropriations bill. . 292.One which provides a definite sum to.g.. . The general appropriations bill is more popularly known as the budget. without the necessity of further !Administrative Code of 19~7 (Exec. and (. (4r They must he exercised to carry out a national policy as declared in the law delegating the authority. and private bills shall originate exclusively in the House of Representatives.One which sets aside a named sum of mor. bills of local application. Section 2(ll. unless sooner withdrawn by resolution in view of its opinion that the emergency has ceased. be always available from year to year. . and (4) Continuing appropriation. bills authorizing increase of the public debt. Book VI.. Order No.ey for the payment of a particular expense.182 TEXTBOOK ON THE PHILIPPINE CONSTITUTIOJ.5) They shall automatically cea~e upon the next adjournment (i. Anappropriatfoi~S b~!l is one the primary and :'. -They include all appropriations not contained in the budget. 24.\" {1) The said powers must be exercised only during a limited paiod. (2) Special or supplemental appropriations. Ch~pter l. that is.. A bill of general legislation which carries an appropriation as an incident thereto to carry out its primary and specific purpose is not an appropriations bill.e. Kinds of appropriations.pecific aim of which is to make appropriations of money from the public treasury. (3l Specific appropriation. for the duration of the war or other national emergency. directing payment out of governmtnt funds under specified conditions and/or for specified purposes! Appropriations may be: (1) Annual or general appropriations. revenue or tariff bills. but the Senate may propose Ol' concur with amendments. is an authorization made by law or other legislative enactment. requiring the President to make a report to the Congress when it meets in session) as the Congress may prescribe.They set aside the annual expenses for the general operation of the government. ~) They must be exercised subject to such restdt:tions (e. adjournment of the next sesgion) of Congress. This provides a safeguard against the exercise of emergency powers by the President even when the national emergency for which the powers were intended no longer exists.

. (1) J1f.. VL. Bills which must originate exclusively in the House of Representatives. 197. The new Charter. When the original amount is spent.11te. but the Senate may See V.ive Cod~: of 19irt defin '~" the term as r<?. Chap. a like amount is automatically appropriated for the original purpose.-· 183 legislative action..trat. Meaning of other bills.!$. not a tariff bill as contemplated by the Constitution.£. such a~ one granting a franchise to a person or corporation. affords Congress the necessary flexibility to adjust upwards the salaries in response to inflation. 3 ( 4l 8ill~al applicati(Jn.d.Q{.As used in the Constitution. 2(. Sec.C.i ·'Jbtd .bi!l. Sec. Such bonds are to he paid with the proceeds to be derived from taxation and other sources of government revenue. 210.. it has r(>ference to one imposing cu~toms duti es for revenue purpose~. A bill imposing high tariff rates (rates of customs duty) on certain imported a rticles to protect local industries against foreign competition (which is its primary purpose) is not a revenue bill and... although incidentally it•creates substantial revenue. These measures may not originate in the Senate. 1 ' .e. for the purpose appr. -· LEGISLATIVE llF:I'ARTME:>l'T . -One the primary and !:ipecific purpose of which is to raise revenue. however. The Admini. the exclusive authority to take the initiiltive in the presentation of the bil ls mentioned. { 3) . thert:lfore.2 The provision of the Constitution fixing the annual salaries of <. p.6J. p.Sec. XVIII.nr:r. . Section 25(7) provides for automatic rcappropriations in case offailurc of Congress to pass the general appropriations hill for the ensuing fiscal year.. Sinco.)priated even after the original amount shall have been fully spent._pu blic. or C•impensation to a person for damages suffered by him for which the government considers itself liable..rLz ~~z_g i. (2l T_~t.ncurr~d ht>~·nnd the budget year.ertain constitutional officials (see Art.ferring "to an appropriation available to support obligations f1•r a !lpecifiAd purp<~.One which creates public indebtedness such as a bill providing for the i ~:->uance of bonds hnd other forms of obligations.bt.riff hill~ -. 17 .One affecting purely private interest.) operates as continuing appropriations for their respective salaries. (5) Private bill.. suhjed ic limitations provided." <Bnvk VI. 24 ART.G. the House of Representatiws hnz. J..ea.ill_ G_'{f_l/J9. .One affecting purely local or municipal concerns like one creating a city or municipality or changing its name. op. ..e or prvject. ('it ..utmu!l.. even when these ohligations are i. Under Section 24 .

utional Commissions may.·i ng more freq11 en t contacts with them th an t hP S E'na l. 196. . an d ha . qhi.rl ha"t t. be authorized to a ugment any item in the general appropriations law for their respe ctive offices from savings in other items of their r espective appropriations.. (5) No law shall he pas!'ed a u thor i zing any transfer of appropria tions.• SEC.late~ specifi cally t. and shall ·he supported by funds actually available as certified by the National Treasurertor to be raised by a corresponding reve nue p r oposal there in. and the contracting of publi(: indebtedness.184 TEXTBOOK 0~ 'l'H E PHT1. Any such provtsion or enactment shall he limited in its operation to th e appropriation to which it r e lates. (3) The proce durP in appro ving appropr·iations for the Congress shall strictly foll o w th e proced ure for approving appropriations for othe r departments and agencies. .bf: -rri "ileg£' oftak\ng the initiative in the proposal of rcveJnh~ a n d t. and manner of preparation ofthe budget ~hall b e prescribed by law.:. It is said that the Hou ~t. (1 ) The Congress ~ay not increa. (4) A s pecial appropriations hill shall s pecify the purpose for which it is int. the appropriations recommended by the P resident for tht> operation of the Governm e nt as specified in th e budget.them if their amendments a re not accepted by the.ax pro.it:-cts. The form. the Preside nt.\ Sec. (2) No provis ion or enactment s hall b e embraced in the general appro priations hill unless it rP.o some particular appropriation there in. and the heads of Con$tit. · es. content. 25. The <Jnth ority ifJ ini ti ate tariffl egislat ion makes it a ' 'ery impo rtant instrument in moulchng forP1gn polir~· and bruiding the direction of the industrial and economie developm ent of the nation.!wing thE' more popula r branch of Congress. shou. (6) Discretionary funds appropriated for particular offi· cials shall be disbursed only for publi<: purpose s to be supported by a ppropriate vouchers and s ubject to such guidelines a s may be prescribed by law.a ti.?.of RPpre-~£'"t. the Speaker of the House of R e presentative:'.. bE'ing c:loscr t o thE r>t-> Pp} f>. th~ President of the Se nate. 'fh ese powers of initi ative in the r aising and spending ofpnblic: funds enabl(' the House of Representatives not only to impl ement ~ut !'ven t o det e rmine t he fiscal policies of the government. 25 propose amendments to them aHd refus<· t o hppro. however.HPn!:'e of R ~ p!"e:-:e nt.fJ O. p .•~. the disposal of the people's money. ti v~.~t.ended. the Chief Justice of the Supreme Court.1f·J'L'\ E \'U:\S1TI't .d.e. by law.

Meaning of budget. p. authori za t i<m. A . Sinco. Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget.)Jes. the President is naturally the party best qualified to know the maximum amount that the operation of his department r equires. The "budget" of expenditures and sources of financing. Order No. 209. . cit. governs national gMArnmPnt budgeting. Sec. bureaus. of the government. 4 1The fiscal year fur all bra nc. consisting of statements of estimated receipts from revenues and expenditures for the calendar on which it is intended to b e effectiYe based on the results of operations during the preceding calendar year.t.January and end• ng with 31st day of Decem her of each calendar year .LEGISLATIVE DEPARTMEN1' 185 (7) If. is thf! period beginnil1g with t.!'. the general appropriations law for the preceding ftscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. (Sec. . 3 (!bid. in Book VI thereof. and manner of preparation of the budget shall be prescr ibed by law. a nd agenct P. •V. 25[1 J.2 The form. offices.G . by the end of any fiscal year. Article VIII of the Constitution.1.. instrumentaliticR. departments. VII. ~The Admini. p.) Increase of appropriation recommended by the President. op. cit. a guide for the latter to follow not only in fixing the amount of appropriations but also in determining the specific governmental activities for which public funds should be spent. l It refers to the financial plan required to be prepared pursuant to Section 16f 1).rat. Th<> budget is prepar~>d by the Department of Budget and Mana~ement...ive Code of 1987 (Exec. VI. and expenditure of expropri!lted funds.f2udge~ is the financial program of the national government for a designated calendar year. subdiv1sions. 25 ART. i which the President has to prepare and submit to Congress is intended a:. more specifically: budget policy an d ~pproach.rv.) Bein~ responsible for the proper operation of the executive department. including receipts from existing and propos~d revenue measures (see Art. content. 209. preparation.h e 31Bt d11y of . 22 . including government-owned or -. 292.Sec. up. .:on trolled corpora· tion s.G. execution and accountability. the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year. Sinro. Submission of proposed budget by the President.

Such provision shall be of no ee·ect.o inactive status of reser ve officers"s is a rider as it has no direct con. Prohibition against riders. L-a::nt3. having t. itself. "DP. the appropdations for both h ouses of Congress.. Under the 1935 Conl'. iSec. 3. "Tht:! New Bud)(to tarf P rovisi•ml:l.. 25l21. "The N!!w Con.) This provide$ a safeguard against the abuse or misul:>e by Congress of its pow(~r to appropriate. tht~ limitation i~ n ecessary as a check again st its abuse. 1. A~ The Const. 2611J. im.he constitutional bodies in the propos<"d budgPt on the theory t hat the t·e i!' already a consensus tm the amounts needed by them when th<l proposed budget i:-.. H. The m ai n object of the rest..cjo. were not deliberated upon in opr:>n session.erted in tht! general a ppropriations hill which does not relate to some particular appropriation therein." in C.186 TEXTBOOK Oi'. for instanec.ti· tution" ( 19731. With respect to the j uditiary.'\STTTV1'l0~ Sec.23. . The objective of the Constitution is not only to prE!vent the general appropriations bill from being u~ect as a vehicie which controversial legislative m atter s may be enat:ted int. in the general appropriations law "p rohibiting governm ent officers and ~rnployees to do private \·vork" or refer1·ing to the ''calling to active duty and the rcver~ion t.l. are called riders.a. l is a provision or enact ment. 2:> Neither can Congn·Rs in crease its outlay and t hat for the j udiciary a\Hl t. In h~gal contemplation. in the general appropriations bill shall be limited in its operation to the appropriativn to which it relates. II.requires a stan d~rd procedure in approving appropriations. Ju ly :30 . unlike in the case of Lhe budgets of other government agencies. it i~ as though it has never been passed.lection wit.'> law \':ithout due ron~ideration .h any definite item of appropriation in thC' law. p. but also to facilitate the enactment of s uch an im portant. tArt. Mont. The procedure adopted for approving appropriations for other departments and agencies shall be followed $trictly i11 <lpprovlng appropriations tor Congress. M n~.' THE PHILIPPTNI-: COI. Mendoza . (sec Set:.s appropriation:. '{.he authority ov~r the appropriation::.t\ Any provision or enactment. Sec. J Procedure in approving appropriations.rictions in Section 25(2 l is tn do away with what.itution .Tar~:i a v:. A provision. 25f:3l. being prepared. lfnv t hat will set t he government machinery in motion. it. Vlii. ) ln the cal'~ of C0ngress. may n ot be reduced by Congrt•sio: below the a mount a ppropriated for l he previous year.titution. 197f). tSec.

intelligence funds) for certain operations or activities of the government to be disbursed at the discretion of particular officials. the Speaker. Sec.Sec. 25[5]. The Constitution requires that: \l) It should specify the purpose for which it is intended. ) to prevent deficit spending. VI. 22. see Art. the President. Prohibition against transfer of funds. The Constitution requires that the level of expenditures must be within the level of the revenues expected to be raised from existing and proposed revenue measures (Sec. The prohibition plugs this loophole. and the heads ofthe Constitutional Commissions may be authorized by law to augment any item in the general appropriations law for. ) The restrict ions are intended to put an end to the legislative practice under th e 1935 Constitution of passing appropriations bills without the corresponding funds. and (~) It should be supported by funds actually available as certified to by the National Treasurer or to be raised by a corresponding revenue proposal included therein.) Rule as to discretionary funds. The Constitution prohibits t he enactment of any law authorizing any transfer of appropriations from one branch to another. VII. However. (Sec.. the Chief Justice of the Supreme Court. In the old Congress. This inconsistency is no longer possible under the new Constitution which expressly requires that the appropriation proposals must be accompanied by certification of actual fund availability or corresponding revenue-raising measures. (]bid. subsidies. 25[4]. is aimed at stopping th e practice in the past of giving the President a uthority to transfer funds from one department to another or under one a ppropriation law to another.their r espective offices from savings in other items of their respective appropriations. etc. Congress may appropriate funds (e. thereby providing a loophole for violations of the a ppropriations act.) The provision.LEGISLATIVE DEPARTMENT 187 Requirements with respect to special appropriations bill. (Sec. 25r 41. 25 ART.) while at the same time opposing measures that would raise revenues to finance the additional expenditures that they themselves proposed. . which in effect invested him with the legislative power to appropriate.g. some members indulged in the practice of introducing or advocating legislation for additional expenditures (e.g. This is allowed when it is not possible to determine . the Senate President. Requirement to insure a balanced budget. salary increases..

. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title the reof.R~~~r. and the vote thereon shall be taken immediately thereafter. In case of fai lure of Congress to pass the general appropriations bill for the ensuing fiscal year . for reasons of national security. 219.188 TEX'l'BOOK ON THE PHILIPPINE CONSTITUTION Sec.e thereof. voluntary or otherwise. unnecessary. a nd extravagant disbursements. and the specific u::. 26 beforehand when the expend itures have to be made. 26. except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. As a safequa rd against illegal . 25[6J. and (3 ) (Sec.) This provision is not found in the 1935 Constitution. £!?_ '!9~ess. -Th ey refer to the subject matter of legislation. no amendment thereto shall be allowed. (2) No bill passed by either House shall become a law unless it has passed three readings on separate days. and printed copies t h ereof in its final form have b(:'len distributed to its Members t hree days before its passage.s... and so the wisdom of a constitutional provision for the automatic reapprop ri ation of the same a mounts appropriated for t h e preceding fisc al yea r is beyond question. and the yeas and nays ente1·ed in th~ Journal. and b~: they may 'See Buck.i.he general appropriations law for t he preceding fi scal year sh all be deemed re-enacted. Or when. SEC. 25f7]. The legisla tive power is not without. (Sec.tant. p. or misappropriations by officials authorized to spend such funds.) Automatic reappropriation.. . the exact a mounts needed.&. limitations. !f:tE!. t. Such limitations may be classified into: (1) tS. the Constitution imposes the following conditions: ( l) The disbursement must be only for public purposes. Lhnit~tic:>n_~ Q~. such expenditures are classified or forbidden to be disclosed to the public by law or administrative regulations. It must be subject to s uch guidelines as may be pres cribed by law. Upon the last reading of a bill. It is evident that the conseque nc~s of failure. on the part of Congress to enact a general appropriations law for lhe operations of th e government are serious.IJ.b. (2) It must be supported by a ppropriate vouchers.u. It shall remain in force and effect until the general appropriations bill is passed by Congress. The Budget in Gover nment of Today. Q!.

tit ution. In the a bsence of this rule.e.f ?F§.t..J. on the power to tax.Legislative power is the authority to make laws as well as to alter and repeal them..l!. Thus. 4.eE.}.!!?.11JJ2(£1!1-. The continuous making of laws .Jl.!>!J_~~<.C.legatiQtL~ ~ . however. It does not apply: ( 1) ~h~. or repeal existing ones .They are scattered in different parts of the Constitution.new laws as well as those that a mend. XI ._ . 28l2] supra. on the power to declare the existence of a state of war..nit[_tJ. Congress is prohibited from delegating its legisl ative powers. is not absolule.r~ tb~. Sec. a nd ( 2) ~-~!. ). and (2) £ Q!'. . the principle of separation of powers can h ardly exist.:.®£_lj_mit(1t. etc.~())9~~! ~~!!!Oe~k~· (Art.is the very essence of legislative power.LEGISLATIVE DEPARTMENT 189 (a)J. {b) ..ti. Thus. VI .: ·... Prohibition against delegation of legislative powers.l_q_tJJl.... ... 5.Th ey refer to the procedural requirements to be complied with by Congress in the passage of bills and the form and content of the same. public funds must not he a ppropriated to religious purpose.~"!lla. after all.They do n ot arise from any specifi c provision of the Constitution but a re inferred from the nature and character of our government. the concurrence of twothirds of all the members of Congress must be obtained. on t he power to appropriate.1li§.. Examples of such limitations are found in Sections 26 and 27{1)..1£.autlwriz~d_.~ ~P. (see Sees.!: ci~~~_g~t0.. New Orlean. cif.f!. J29.They restrict t he field oflegislation in general and they a re mainly found in the Bill of Rights. .by_ .1!1JJ1. One of the settled maxims of constitutional law is that one department of the government may not delegate to another department or t o any other body the powers entrusted to it by the Constitution.§E.AH. the rule of taxation must be uniform a nd equitable..!!:. 9H U .Gons.f:!. l~m i!:_atioiJ§. generql_legi§_Lgjive poulfu:s.ll!. municipal corporations are merely instrumentaliti<!s of the State for the better administration of the govern· ment in matters of local concern.~. vs.s.~'!:..£.: . The rule of non-delegability of legislative power.'l'. 23[2 1.iJ!£.~Q1J. The legislative prerogative to •u. ~J:i:I!T~~l. 381. .e.9. the. alter. 1 Prohibition against the enadment of irrepealable laws.Y.~. (1) &s. and (c) ~.?1!e r. such as the prohibitions against the delegation of the power to make laws and the passage of irrep~a lable laws. J This exception is logical for .S..!ifie p_(J.

op.e.<:~ . they will retard.ng. (2 ) Can.. th· e· couii·t.:.Q. (~) To prevent surpr ise or fraud upon the legislature. Sinco.3) To fairly a ppri se the people .ongr. A proposed law is called aJllJ:b.190 TEXTBOOK ON THE PHILIPPINE CON~TITUTIOK pass laws cannot be curtailed.ll.G.·to.. if not destroy.s. Laws enacted seve ral decades ago for a pa rticula r need may no longer be beneficial today.JLS_\!'!Jj~. r..h.e.:-e·s~iTtif legislation passed by the lawmaking body assumes a permanent character.i~...~ ~.n.!YP. •v. in order that they may have opportunity of being heard t hereon by petition or otherwise.r.y. C. li.a.-~·uid··.legislaticw (i. 225..it. injurious -conseq U:ence·s.shall .). and (.f. to wit: ( l) A bill containing provisions (riders) not fairly embraced in its title or r elated to its subject matter (see Sec.a. The constitutional provision prohibits the passage of two classes of bill s . 172.~ Effect of violation of requirement. ) The purpos es of t he constitution a l requirement are: CJ-) To prevent hodge-podge or jog-rolling legislation. p. the likelihood is that none of them might obtain a m ajority vote . p. . 5 McLean.emhr~~-QJ.r_@i.. If th ey cannot be r eplaced.se_q !lences to public welfare if laws irrepealable.odge:Jl. and "Sec Bloomer vs.·y.3 Meaning of hodge-podge or log-rolling legislation. 25(2]. Cas.. 15S F~d. omnibus bill) refers to any measure containing several subjects on unrelated m atters combined together for the purpose of securing the support of members of the legislature severally interested in the different subjects of the bills. 3 Cooley.s&i. if they shall so desire.. the public welfare.L. The policy of the state would become fixed and unchangeable on great n a tional interest in spite of cha nged conditions arid times.. otherwise. 26(1].U.s. (Sec. cit . through such publications of legislative ·proceedings as is usually made. If these subjects were to be presented in separate bills.:. . Stailey.t~of.odge 9Li9ll.hy .eJitk. of the subjects of legisla tion that are being considered. op .. 2 Requirements as to subject and title of bills.Furthermore. The Constitution requires that ~ _x_bill p. time m ay come when succeeding legis lative bodies will have nothing more to do because the entire fie ld of legislation has been completely exhausted through the enactment of permanent legislation.J! hall M-~~= P.cJjn~th..

· (4l/Debat es. . a l aw wit h t he titl e "An Act to Orda in a n d Jm. Buc nviaj e .s(~(·.imment. tQ. is f1kd w !th thP. If disapproved itct h e committee.vher e it is given a corresponding n umber and calend< 1rcd for first r eading.l) Local ord inances as they do not partake of the nature of la ws but Rr e mer e rules provid ed for the fu lfi llment of l aw s. t he prin ci p. ~:36. t.. -. Hoard.e .eptions..>e Sec:. ~ and (2 ) Propel' cod1f1cat ion s a nd revis ions of st atut es . -. It may conduct hee~rin gs a n d consultati9n meetings.us di/(crr. T h us. VI. Tiw bill. ... pcn~ ed with by a majorit y vote of the House. :Hl Phil .id(!ration. It then appr·oves t he hill with or with out amen d ments or r ecommends !:iUbstiLu tion or consolidat ion with simi la r bill s fi led . "See Ignacio v. fo1· First Re<tding and r efer ence to the proper committee. n ot fairly e mbr aced i n th e ti tle.sion of th e rt:! port. the bill is fnrwarded to the Committet~ ()ll Rules so that it can be calenda red for d e li b~~ration on Second Readin g.In the fi r s t ca::.e::~c nt a p roposed bill ( R<. During t he . 0 Steps in the passage of a bill.oget hP-r with t h e amend ments. i author of t h e bill may propose the i nclus ion of addi tion al aut hors t h ereof.ion:. :~2 Phi l.reQY. proposed by the commi ttP~: unless t he r eading 1s di :.nt :mbjt·cts notwithstanding that a ll of the m are expressed m 1ts tith .. the bi'!l . t01 Secund Reading. t he bill d ies a natured d< ia th unless the Hous e d ecides otherwise following the s u bmi::. T h t. 2G ART. el c:_c. Fzn.Office of the Secre tary -.n!":l by him.Imm ed iately aftt!r th e F irst Reading. v~ . Amendments may be proposed by any me mber of Congr ess.!Hch of the a uthor of tlw bill .Any m E:! mher l)f eithe r Hou1:1e may p r.t-\ g<meral deba te i!".1-' ir st Read ing.. 9~ 1 : P!'ople v~. for the very denomination '·Code'' i ~ sufficient to p ut the members of the legislature and the people on tlH~ i r g uard. then opened a fter the Second Reading a~d sponsor~hip spt. Gl(l.he bill is r ead for the secon d time in i t~ ~n ti n~ ty t.spititu S <1 nfo. L ' r<J v.t R!!ad ing..i::. - LE GISLATtVE D KPA Hl'MEl\"T 191 ~) A bill wh )~~ h ~·m?odi. F. the whole a ct is void . (2VRe{erral to a ppropriate committee.• bill is read by its number a n d t1tlc a nd the name/ names of the a uthor or authors .::<. 47 Phil. It does not a pply to: (•.th~. At th is Rtagt' . sip. ~~J). 24. .If th e committt~f! reports the bj]J favora bly.1. if a ny. In the second ca ::. referred to the proper Cllmmitt('e or coromitteeg for ~> tu dy and con:-.t it ute th e Ci vil Code of the Philippines" or with the title "An Act Amending the Ci vi I Code of the Philippine8" is valid a lthough it may contain httndred s of different ma tters. t ht' b ill i t: •·a lid except th~! provi::-..e. The insertion of changes or a mend- '•U.

At this stcge. between the House's bill and the Senate's amended version. and (9! Submission to the President. If the President does not communicate his veto of any bill to the House where it originate-d within 30 days from receipt thereof. op. and yeas and nays entered in the journal. .After approval of the b1ll on Second Reading.} A member may a bstain. it shall become a law as if he signed it.. cit. oftentimes. 16[ 41. a majority of the members constituting a quorum 1s sufficient to pass a bill. t8) Submission to joint bicameral committee.ed by Congress over the veto of the President a utomatica11y becomes a law. . The Houge may either "kill" or pass the bill. ). . the affording of the opportunity for that purpose. the three readings were done in one singte day. If either Ho . 7 In the past. . no a mendment thereto is allowed and the vote thereon is taken immediately thereafter. . Note that t he three readings of a bill must take place on separate days -. and ·to compel the car-eful examination of proposed laws or. Bills repas~. and uice ven:a are submitted to a conference committee of members of both Houses fo r compromise or to reconcile conflicting provisions.) Purpose of provision requiring three readings of bill. see Sec. (Sec. Upon the last reading of a bill. (Sec.If approved. (6) Third Reading. the bill is then referred to t he other House where substantially the same procedure takes place. t he bill is then ordered prin~ed in its final form or version and copies of it are distributed among the members of the House three d ays before its passage except in case of bill s certified by the President (Sec. at least. 26[2].1se accepts the changes made by the other.not in one day. no compromise is necessary. only the title of the bill is read on the floor: Nominal voting is held. he either signs it into law or vetoes and sends it back with his veto message.l92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. (7} Referral to the f"Jther House. If the other House approved the bill without changes or amendments. As a rule. (5j Printing and distribution. (Ibid. ~sec Cooley. 27(1]. A bill approved on Second Reading s hall be included in the calendar of bills for Third Reading.A bill approved on Third Reading by both Houses shall be printed and forthwith transmitted to the President for his action .. the final version is signed by the Senate President and the Speaker of the House of Representatives. if any. 286. railroading of bills made possible the adoption of voluminous measures without the benefit of discussion and public information because.) The purpose is to prevent hasty and improvi dent legislation and the railroading of bills. 26[21.approval or disapproval that is. . p.Differences. 26 ments s hall be done in accordance with the rules of either House.

the ~yea$ and nays Lcihall be] e ntl:'red ia the Journal.flaws without sutiicient debate and the b11ving ol tq:-.~: . 2'7 A.IJ. ign it.iticant bllls over more important ones by the . The President shall communicate his veto of any bill to the House w h e.rnitv ol:. before it becomes a law ._public calami ty o.gmerg_~. 27.La.Sec..re it originated within thirty -~cooley.t: . l612}.shall become a law unlc~s it !-las pclf..>::.emerg. fiuaJ fOftu have been UiStributed to the ffif·mbers three da y~ bef<.ID. It is a lso pru\o' ide d in tiw Ct)H~tit uti<al that on the final passage of every bill.\LQ.~ r '.h~_ _?resident ~er.j This means that the rt. .:ss ~ hail be ealled and each member present and answering tu hi:' n<lmt=: ..P.m t u ~li_eJ!." (Sec. op .en. ~P.Journal and procee d to reconsider it.shdi :-:ay ·'yea" or "nay" on the question of the passage Gf the b1ll. two-thirds of all the Memhers of s uch House ~hall agree to pass the bill.i 1H1 uf their biHs fo r po litical convenience . and if approved by two-thirds of all the . • With thi.!d three read ingl:i on separate day::. a certification may be issued to a bill only ~ Jw:et a.'' to t}le n.::. he shall veto it and return the same with his objections to the House where it originated.EL u_nr!wdi<it~. L -.Y.s proviaion. .l ll of t~un~n. M embers of that House.he Pr esid~n l Ct. pllSsage .S~.l!~ t at.~~.t.<: tm_eu..:.ent1a l -:ertlft{:ation.' !_ Sec. and printed COpieS th e r ~•of iTJ. and also to furnish conclusive evidence whether the ' bill has been passed by the requisite majority or not.' SEC .'rt. ~. it shall become a law.wv-~:n. This practice m a tl ~ po~~.~g r~~Win:n1~nt it) ~--"'.. Purpose of requirement that yeas and nays be entered in the journal. and the names uf the Members voting f()r or against shaU be entered in its Journal.t.ti!. 26[2) . Q~. be present~d to t h e President.sity _ of i.simple lad •)f l?n~i>id. In all such cases.f.:.'h r·econsideration. The Consti tution prOIJde.~ ECIS L:\ riVE DEP. the votes of each House shall b e determined by yeWJ or nays.c:y. which shall enter the objections at large in its . together with the objt>t~tions. (1) Every b ill passe d b y the Congress shall. to the other House by which it shall likewise be r~<.i Con gress under the 1935 Constitution to get from t..:re it. that "no btll pa.d:: !!:' tht) t~ aa dment ·. This provision il:l c1>nsidered m andatory . it shall be sent.l.u!Jl~~---~-(~i'I.~:non ty to \ns1gr.~o nsidered. after su(. If he approves t he same. oth~r-wise. It is intended to fix upon each membBr the respon:'ith ility for his a ction in legislation.. c1r. he shall ~.s~ed by either House .th~J:L~.~£~~?.. It:.\R'f:\fENT 193 Certification of bills by the President.19 Th!=~Jf.tifies .It aims to put a stop to the practice of tne xnb~r~ of the !.

w submitted to the consideration of a legislativE! body for its a doption. supr a . The purpose of the preamble is to explain the reasons for the enactment of a law :-:~ nd the object::. and rendere d aut hentic hy cer tai n prescribed forms a nd solemnit'ies. expre~sed is the writien will of the legislature a s a n organized body according to the form necessary to cons titute it into a law of th e state..:J' JJ.ft A The term "act" is often used in referring to a statute. Located and for Other Purposes". Bata:) Pambansa Blg. it shall become a law as if h e had signed it. Formal parts of a law. Republic :\ct No. 25 gives a s its title. . It is not considered pa rt of t. such title may a lso be used fo r ide ntifica tion.g. (2 } fLtt. Statutes pas::.19-l T EXTBOOK 0~ TH~~ PHll. Republic Act No. Am. revenue. How statutes identified. sought to be attained. denom inated as· a cts .11. (see Sec. for purposes of formal refere nce. They are identifie d by their serial numbt:~rs (e.ed by the former Congr ess are. or tariff bill. :~86. • Meaning of statute. 386 h as for its title. 2 7 d.he s ubstance of t he law. It is a sort of introduction or preface of a law. otherwise.IPP lXE CONS1'lTIJTIO~ Sec.g. Batas Pambansa Blg. ·'An Act to Orda in and Institute the Civil Code of the Phil ippincH . "Civil Code of t.g.l~:.'s Law Dictionary..:t $_taty. A pill is a draft of a la.!!J:. "An Act Regula tin g Rentals of Dwelling Units or of Land on which Another's Dwelling i:-.hH Phili ppine:'~ "). the subject matter of the act.k .It follow!:! t he tit le an d precedes tbe e nacting cla use. ·. 25 ). Statutes enacted by t he former Batasang Pambansa are also identified by th eir Rerial num bers (e. Meaning of bill. ) Thus. 271. Where a specia l title is supplied fo r a particular statute (e. Jur." Laws en acted by the former Batasang Pambansa are e nt itled in a si m ilar manner .. ··-It announce:-.. Thm>.ays after th e date of receipt t h ereof..Q. but the veto shall not affect the ite m or items to whi ch he does not object. t5. {2) The Pt·e side nt shall have t h e powe r to veto any particular item or ite ms in an appropriation. The 1 2 50 Bouvi er.Jl. The formal pa rts of a statu te (or bill) a re the following: (]) .

necessar}:.e..v ers~re. the enacting clause is as follows: "Be it enacted by the Batasang Pambansa..:. 28[4]. 21._m.cling cl_gu. ) Veto power of the President.iwle .ity_Qf_ _ _ C. ($) When he vetoes the bill and retu.legi sl a­ .a)\'. (3)_/t.uarticipat.enada law when the . (Sec.j:see Sees.I'QGeSS by i n.n. When bill_Ql~~ beco~TI_e.g..atJ.J.JJ.Y.e qf tb~ir~Y.eru llLD.!li. a date is fixed for its effec ti vity.S ) If the President does not commu nicate his veto of any bill to the House where it originated within thirty (30) days a fter the date of receipt thereof..Y_e . and It is that portion containing t he proposed l aw or statute (5) .~ ti._g.§ff'e.the. unless it is otherwise provided..It immediately precedes t he body of the statute and it serves as a formal means of id entifying the legislative body that enacts the law. 27 ART. 32. Art.I t is that portion providing for the time when the law shall take effect.Sec. VII. A law takes effect 15 days following the completion of its publica tion in the Official Gazette (which is the official publicat ion of the Philippine government) or in a newspaper of general circulation in t he Phil ippines..zr~~~-i.dP. and (. ~JC!W.J ~ O.1ti..enacted by the S e nate and House of Representatives of the Philippines in Congress Assembled..U.~d.U. 16[2].. I~H7 J . 27Lll.ia." In the case of the Batasang Pambansa.c.P resid. 23. e.J /fh~ ~ign.i. The veto '3 Executive Ordc:r No. 386 has for its enacting clause.LEGiSLATIVE DEPARTMENT 195 Constitution does not contain any specific provision requiring the use of a preamble in any legislative enactment.r~!i!!~ry J.t.·ns the same with his obj ections to the House where it originated .. (4 ) Body. VI. Republic Act No. and the same is repassed over his veto by a vote of tw. .s.3 e.e P...]. itself.e_in.\( Sec. in session assembled.D-t:hiul§__Q[ alL the ~mbe~ (not merely two-thirds of al l the members present constituting a quorum) of both Houses.i." It is the power vested in the President to disapprove acts passed by Congress. ." The Constitution does not also require the use of an enacting clause in bills enacted into law. 200 iJune 18. in which case it s hall become a law as if he had signed it.oi."§I. A bill passed by Congress may become a law in any of the following ways: ii i When the President approves the bill by signing it.9n.c!!!!J~y ~l(ll~Sf· . The wor~ is the Latin term for "I forbid" or "deny.l.gp.{l~QP!e by vjr_~u.l.d._millQr...Lri' Jl!!ir..fJnactjQg_g..!.kM....lY J.._r ef~r~n._s. Sec._d. "Be it .tly ..

. Under the Constitution. the P resident does not have the so-called PD. 20 N . the President may not veto a bill in.) The rule corrects t he Presidential practice under the 1935 Constitution of releasing ve to m essages long after he should have acted on the bill .) Purpose of veto. 27 message to the Hous e whe re t he bill origi nated the bilL (Sec. Sinco.. p. 287.:>ns have been given to the gra nt of the veto power to the President. The vetoed items shall simply be not given effect. or tariff bilL (see Sec.. It also avoids uncer tainty as to what new laws are in force. R. ~ xpl ains h is objections to Two fundamental reas. 51 .J2QI£J2'. the entire appropria tion or r evenue meas ure would be nullified simply becaus~ the President disapproves even one particul a r item th erein .. 1976 ed.INE CONSTITC'l'TON Sec. A_ resolutia~ has been defined as a fo rm al expression of opinion.cli&J. Montcj t\ supra .C.n To enable the executive depa rtment to p rotect its integrity as an equal br a r.ntcrn atiomt l Dictionary .G . disapproval of a bill by ina ction on his part. pa rt and approve it in part. . or ill-considered legislation. 25. Without the exception . Sup. revenue. Th e exception is provided in pa r agra ph (2) of Section 27 which gra nts the President the power to veto any particular item or items in an appropri ation. 27[1].) The veto in such case sha ll not affect the item or items to which he does not object. "l'he P ll rl iam!lnt. When partial veto allowed. 6 • ' See People vs . The fai lure of the Presi dent t? communicate his veto of a ny bill presented to him within 30 days after the date of receipt thereof a utomatically causes the bill t o become a law.6 The item or items vetoe d may be repassed ove r the veto of the President in the same manner as ordinary bills . Meaning of resolution.ch of the government and thus m aintain an equilibrium of governmental powers. (Sec. 6 Webater's Th ird New l.IldQ.e. corrupt. cited in V." in C. i. ~Del. p. V. YAncha. Councilmen of Buffalo. 27l11. Enactments of t he la wmaking body . to wit: . 4 / Pocket veto not allowed.r11ay al so he made in the form of res olutions. and this might adversely affect the operations of the government if no funds are available or taxes cannot be collected . As a genera l rul e. and (2i To provide a check on hasty.J96 TEX'l'l:lOOK ON THE PHJLIPP. or intent by an official body or assembled group.Y. 121. . will.

NT 197 Use of resolutions. and all lands. require the a pproval of the President for their effect. import and e xport quotas. The Congress shall evolve a progressive system oftaxation. Kinds of resolutions. Thus . .cQll.. churc h es a nd parsonages or convents appurt'>. (2) The Congress m ay. or in declaring its opinion on important national questions. There is no provision in the Constitution requiring thB approval by the President of any kind of resolution. if approved by both Houses meeting in joint session but voting S13parately (e. resolutions would be proper in expressing condolences on the death of a member or of a high government official .LEGiSLATIVE DEPA.i. 28. etc.QJJ. by law.·ity. Thus. nonprofit cemeter ie'i. 28 ART..RTMF. actually.Clll'J. A resolution may he: (1) simpft if passed by either House for its excl usive use or purpose. charitable. the power to fix tariff rates. (4) No la w granting any tax e xemption shall be passed without the concurrence of a majority of a ll the Members of the Congress.Sec. mosques. (1) The rule oftaxation shall b e unifonn and e quitable. tariff rates. and ( 3 ) ~t. (~) They are a lso used when a lawmaking body expresses an attitude or opinion. or educatio nal purposes sh a ll be exempt from taxation. if passed independently in one House and ratified by the other in the same manner as a bill. and subject to such limitations and restrictions as it may impose. (2) .nant thereto. the rules of procedure of a lawmaking body. (1} Resolutions are employf\d with respect to matters within the exclusive ·authority of the lawmaking body and do not.. authorize the President to fix within specified limits.g . tonnage and wharfage dues. t herefore. C3') Under Section 28(2) (supra. (3) Ch aritable ·institutions. oue proposing a mendmen ts to the Constitution). Vl.. SEC. buildings. and improvements. or proposals for constitutional amendments would be embodied in resolutions. directly. dele'gated to the President m ay be withdrawn by the lawmaking body by means of resolution.). and other duties or imposts within the framowork of the national deve lopment program of the Governme nt. and exclusively used for religious. orders imposing some penalty upon any of its members.

3:n." 1 Diffe rent articles (or other subjects. be taxed :1t different rates or amounts provided that the rate (not necessarily the amount) is the same on the same class everywhere..g. achurchill v~. . III. residential property) and made s ubject to the same tax rate (e. 3 (2) There is no violation where those with different incomes are made to pay different rates of tax because in this case. Sec.. gross or ne tj and if warrante d (in certain cases.. An arbitrary classificati on will offend the guarantee of"equal protection of the laws.cl ificati. 196:3.198 TEXTBOOK ON THE PHILIPPI NE CONSTITUTiON Sec. The cla. :Tan Kim v~.) Equity in taxation. 32 Phil. The reason for the rule of uniformity in taxation is that not all pN ~' (' :l "." (see Art.. U.aJ.e. regardless of their assessed value. 110 Phil. To be sure. Concepcion. 1. 28 Uniformity in taxation.on of the subjects of taxation must be based on reasonable and substantial grounds. 28lll..iQT!. 2. (Sec. may be considered for p urpose s of taxation as belonging to one class (i.5% of assessed value) but different amounts of tax depending on their value.T.. like transactions. April 22. like the tax on gasoline). therefore. Stanley. (. business. the Constitu tion also mandates that it shall be equitable. may validly further classify such property a ccording to their assessed va lue a nd levy different rates.2 Uniformity implies equality in burden. ) Uniformity in taxation is effected through the apportionment of the tax burden among the taxpayers which under the Constitution must be equitable. 51 1.A. country was held valid as against the contention that it was void for 1ack of uniformity. ~oe Villt~ ta v~. on the basis of the benefits he r eceives from the government. not equality in amount. i may. the incomes are considered as belonging to different classes.r.3) All residential houses. and consequently . The law. Thus: }1'> A tax of P2 . The concept of equity in taxation requires that such apportionment be more or less just in the hght of the taxpayer's ability to shoulder the tax burden (usually measured in terms of the size of wealth or property and income. rights. supra. a tax law m ay prescribe a uniform rule of taxation and yet it may b ~ inequitable a s where the r ~tes of tax are excessive or confiscatory. C.l1if. properties. different amounts of tax on the basis vf such value.(u:mity in fu. etc. however. Aside from the requirement that the rule of taxation shall be uniform. or transactions are identical or similarly situated.00 per square meter or fraction thereof imposed on every billboard or sign anywhere in thE7.means that ''all taxable articles or properties of the same class sha ll be taxed a t the sam e rate. L-18080.

2801.cl. For in:-.lll:led .) . the Constitution enJoms Congress to "evolve a progressive syst"::!m of taxation.du. a property leased by the owner to another who uses it "actuaJiy. (Sec. L-19201. VI.t wise trade based (rn the quality . Thus... 2:3f21. By express p•·ovision of the Constitution. weight or m~·a .r::scle •m the net tonnage oft. June 16 . ngent.lriff and Cu~toms Code. tonnage and wharfage dues.he ve. with ability to pay as the main criterion.~ ~arl'! th<l amounts paid by the owner. they may be withdrawn. Delegation of taxing power to fix tariff rates. o.) Wlu. eYen if the income is 'Tottnnge du(!.) "Ladoc vs.:::o of a ves!>el engaged in foreign or coa:.) The above is another exce ption to the rule against the delegation of legislative pow er. and exclusively" for religious.. the authority given to the President mt1st be cxe!'cised within the framework of the national development program of' the government. 28[21. import and export quotas. (see Sec..g. and estate taxe~ ) rather than on indirect t a xes (e..AR1'.agai ns t the car. are the amount~?.ure receiYecl and!or discharged by s uch ves.. but in those cases. charitable or educational purpose is exempt from property tax but. however.···· LlWlSJ. IS<:c.cl or we ig ht of the articles dhlcharged <>r l<Hlfm. Furthermore.) Exemption of certain entities and properties from property taxes..wrato•· or master of a ve~sel engaged in'i'Oi·eign t. directly. Other exemptions are provided by statutes . The aut hority so granted is. Section 28(3 ) pro\'tdes that the institutions and properties mentioneci therein shall be exempt from taxation.. 3201 . subject to such limitations and restrictions as the Congress may seem wise to impose because Congress is prohibited from abdicating its lawmaking power over the subjects mentioned.g. t he owner is subject to income tax. customs duties and value-added taxes which the taxpayer can recover from the consumer by adding the same to the price).u. The rate of the tax increases as the tax base or bracket (amount of income) increases. 'f. 4 and other duties or imposts . To achieve the equHy objective in taxation. Congress is authorized to delegate to the Pre~ident its power to fix within specified limits tariff rates. etc. income. HHi. Ibid.<l!ili~.£. Comm.'" The test of the exemption is the use of the property and not owner!>hip..c:. The individual income tax provides the best example of a direct and progressive tax. the de legation of power must specify the minimum as well as th~ maximum tariffs. The exemption covers only property taxes and not other taxt>s./JJJ.tancc.." This means that tax laws shall place more emphasi s on direct (e.A'J'IVE DEPARTl\H:NT 199 Progressive system ot taxation. . !Sec.:. donor's.

Proprieta ry educational institutions including those cooperatively·owned may li ke wise be entitled to such exem ptions subject to such limitations provided by law. SEC. preach e r . ch aritable or educational purposes .. U nder the 1935 Constitution. XIV. if any.) a s a s afeguard a gainst t he indiscriminate grant of ta'< exemptions. a pplied. The power of appropriation. and excl usively fo r educational purposes are exempt fr om pr operty a nd income taxes and customs duties.. or dignitary as s uch.' ial purpose shall be trea ted as a special fund and p aid out for suc h purpose only. only those which are non·pr ofit are exempt from taxation. That consen t may be expressed either in the Constitution itsel f or in valid a cts of Congress as the direct representative of the people.) Votes required for grant of tax exemption. benefit. including r estrictions on dividends and provisions for investmen ts.TION Sec. tArt. Section 29( 1) is bal:!ed u pon the p rinciple that t he . denomination. directly.people's money may be spent only with their consent. sec tarian institution . minis ter. 4l3 . s hall be transferred to the gene·r al funds of t he Government. the bala nce . or e mployed. 29. or other religious teacher. directly or in direc tly. The Constitution requires the concu rrence of a . Grants and donation s used actually.200 TEXTBOOK ON THE PHILlPP tNE CONSTITl. a simple majority of th e quorum was sufficient. and exelusively for educational purposes are also exempt from tax l:lubject to conditions prescribed by law. (1) No m oney shall be paid out of the Treasury exce pt in pursuance of a n a ppropria tion made by la w . or to any p e nal in stitution. or governme nt orphana ge or le prosarium.JJ. Tile power to appropriate public fun ds for the maintenance of t he government and other public needs is a vital government function which is vested in Congress.berJ> of Congress to pa ss a law granting an y tax exem ption (Sec. Note that with res pect to cemeteries. Sec. (3)\:. 28[4j. lfthe purpose for which a special fund was c rea ted has been fulfilled or abandoned. for the use. minister.!!J!lli>ri!Y. preache r. directly. 4]. or of any p riest.LillLlh&_ lll2rn. or support of any sect.All money collected on any tax levied for a s p&. non-profit educational institu tions used a ctually. It a cts as a legislative check upon . or system of r eligion. 29 used or devote d by him or another fo r religiou:. church. or dignitary is assigned to the armed forces. (2) No public money or prope:"ty shall be appropriate d. All revenues and assets of non-stock. paid. exce pt whe n su ch priest.

Without the restriction. :. or may he :st!e V. or to any penal institution. cit. and is invalid. 26 Ct. U." An appropriation is per se nothing more than the authorization by law that money may be paid out of the public treasury -' It i::. 25l7l.. III . use of public property for relig1ous purposes is ii'cidental anci tempoL<Y· and is compatible with the use to which other members of thf community arc entitled.[gne:d to t. 1.S.hall be deemed reenacted and shall remain in force and effect until the ge neral appropriations bill is passed by Congress.fl.. . In case of!a'if~~e on the part of Cvng•ess to p~ss the general appropriations bill for the ensuing fisca l year. Sec. the general appropriations law for the precedin g fiscal year :. " Prohibition against use of public money or property for religious purpose.LEGISLATIVE DEf'. convents or semmaries.l ·'· i1er· ·. the appropriations for the same shall be charged against any current appropriations and shall be exempt from the requirement of Section 29(1!. The provision of the Constitution does uot speak of an "appropriation made by Congress" but rather "by law. . !Art. etc. Thus. however.RT~U:i\"1' 20 1 the disbursing power of the President. 29 ART.ari um tSec. . . It is fundamental in democratic governments that taxes may be levied for public purposes only. op. ~St!t~ Campagna vs.n to the priest. gc)vernment funds would be misused. 21)5. Sinco.· a term which CO\'ers both stat:utes and the Constitution. (see Art. 10. wpra. cpha :· ~~e •)r lepr. a public land may not be donated for the com. ) Such general appropri ations for the preceding year fall under "'an a ppropriation mad~~ hy law. VI.). Sec.truction of churches . 1 In case a special election for President and Vice-Prek:li dent is called by Congress.... The prohibition. the setting apart or assigning to a particular use a certain sum of the publit: funds. p. wb. 29[2].St'c. . or the heads nf departments and other executive officials. or gover nmen • . is not violated when: (1) P~ -···Where the \1se of public money is not for the benefit of the priest.G.. A tax levied for a private purpose constitutes a taking of property without due process of law. . as such but i::. public money can be used only for that purpose. <2 ) _8eligious us.\. VII.J~. ) S ection 2 9 ( ~ : is based on the requirement that taxes can only be imposed for a public purwlse . (Sec .) Meaning of "'appropriation made by law.he armed forces..l_nc i_den~.. in the nature of compensatic. Since the government is e~tablished for a public purpose.

R. tht! u se of p11 blic streets for re! igiou s processions a nd hold ing of m~ssc!' at t. the bftlance._J2/.{}ili~jn n(t tl~ t£..QQ.!?dii d~. 30. 201.ationR are under the coverage of the Social Security Act. 30 a uthorized to make~Hence. L-lil045..aMiLQIL~Q. In s uch case. 6. 48. for example. SEC.:. 1161 . a... .· Where . If t he special purpose has been fulfilled or a bandoned.: ~imilarly.e.. Boa rd of E duca tion. the mon ey r aised from such tax sh all be treated as a special fund and paid out for s uch purpose onl y. It cannot be sp ~nt for any other publ ic p urpose. Ap p. Ruiz. ) Expenditure of special fund.. G :vl_ilJard vs.:. are paid for a portion of a church or other building belonging to a secta rian institution leased by the government for school or other public purposes since th~ public receives the full bene fit of its contract:" and (5) . free supply of water is given by a m unicipa lity to a r eligious orga nization not on aceount of any religious consideration but in exchange for a don ation of property made t o the former by the latt<.Q:£.he Philippines and not to favor any particular church or denominations. shall be transfer red to the genHral fun ds of the governmen t. for e xample.b. 1961. 19 Jll. III.:. II. 7 0 rder de Predecadort>s vs. death .~02 TEXT ROOK ON THE PHILIPPlKE CONSTl'rUTION Sec. . Jan. 5. I see Art.atr. of Ma n ila vs. A tax may be im posed for a s pecial publ ic purpose. public fun ds e re used for postag~ stamps commemorating the celebution in Manila of the 33rd International E ucharistic Congress orga nized by the Roma n Catholic Church and the purpose is to advertise t. A ~o. Sec.!r. Religious organi7. a~< amended. R ui z. Sec. -. :<Aglipay vs.QJ!rn&at. In short. r ent.s. 64 Phil. rse(< Sec. the payment a s retirement.) ·' Aglipay vs. Metrop ulitnn Water Distri ct.\\onere. 46 Phil. or dis ability benefits to a pri est of fu nds co ntributed to the Socia l Security System does not violate Section 29(2) of the Con!->t.No law shall be passed incre asing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its a dvice and concurrence. 29[3 ]. SSS. ISe<:. supra.t.ra tion . Art. 20. for example ." \4) P. •Roma n Catholic Arch.itution where such payment is made to the priest not because he is a pri est but because he is an employ~e: 4 (3) U. it is the appropriation of public money or property mainly for rehgious purpose that the Constitution does not s a nction. .) The specia l fu nd then <:easel> to ex ist.r.f!ce_ijJed. 292.hc Ri zal Pa rk and in otlwr public proper·ty does not offend the provision. if any.Where.

op. Congress cannot diminish or otherwise impair (reduce) the original and appellatejurisdictiou of the Supreme Court (see Art. It is not necessary to make a prohibition in connection with it~ original jurisdiction because the Supreme Court is essentially an appellate court with jurisdiction over judgments and orders of all lower courts in specified cases. the Supreme Court could never reduce much less eliminate the backlog in its docket. (1) Under the above constitutivnal provision. SEC. Thus. :11 ART. Furthermore. VIII. . Sec. the Sultan vf Sulu could validly create titles of royalty or nobility and confer them on visiting dignitaries from the legislature or on members of the Cabinet. Hence. 1."2 · (2) The prohibition of titles of royalty or nobility is directed_to Congress. But Congress can increase its jurisdiction by assigning to it additional cases for adjudication. VL. ranking certain persons as belonging to an upper class called the "nobility" is not allowed in the Philippines. by the very nature of its work as a court oflast resort with administrative supervi~ion over all lower courts (Art.t)le government will be any other than that of the people. The prohibition prevents the Cl'!-~ati.) as enumerated in Article VIII. there can never be serious danger that.galitarian principle underlying our Constitution.Sec..l. 2. As it is. for so long as they are excluded. Sec. VIII.LEGISLATIVE DEPARTMr~NT 203 Law increasing appellate jurisdiction of Supreme Court. 432. p. like England and Japan. par. and increasing its original jurisdiction to include cases other than those mentioned in the Constitution (see Art. 1 It is consistent with the declaration that the Philippines is a republican and demo~ratic State (Art. II.) as opposed to a monarchial or aristocratic form of government. the system existing in some countries. Hamilton. 31. any law increasing its appellate jurisdiction must he with its advice and concurrence. Sec. 5lH -~ wm force it to conduct hearings and trials and thus make impossible the performance of its constitutional powers and functions.on of a privi- 2 tSee Tailada and Fernando. Section 5(2). The reason behind the principle is the ~. 6. "The prohibition of titles of nobility may truly he denominated the cornerstone of republican government. Sec. The r'ederalist !No. it is in a better position to determine what cases should be elevated to it for review. 84J. Prohibition against granting title of royalty or nobility. the Supreme Court is already burdened with a heavy load of cases. No law granting a title of royalty or nobility shall be enacted. cit. If its appellate jurisdiction is further increased. 1. VIII.

(2 J . .nd justices of the Supreme Court. Congress to provide a system of initiative and referendum. th is time supported by unarmed top officers tmd men of the Armed Forces of t.If is the reserved power of the people to directly propose a nd enact laws at polls called for the purpose independently of Congress or of a local legislative body..t rada whu wa. ca binet m embers.204 TEXTBOOK ON THE PHI UPPll\E CONSTI 'l'UTIO~ Sec. denouncing wrongdoings."2 It manda tes Congress to provide.o fo rced to give up the presidency over alleged corruption and misr u le . culmina t i•.:. ll. chanting. and ended with t he swearing on . . (1) JtJitjg. as early as possible. of which every legislative district must be represented by at least three per centum of the registered voters thereof. It involv~d the largely p~accful ma ss demonstrations of gren t number of peo ple gathering in meetings. Aqu ino who led it wi t h the support of the Catholic Church. wh i<·h started on the nigh t of January 16. and demanding reforms. 32._[iue. E:. while "EDSA II" was a peaceful civilian uprising.. provide for a system of initiative and referendum.he Phili ppines (AFP l an d the Philippine Nationa l Police {PNP). without force and arms. later became a paradigm of change in authoritarian regimes worldwid~.. The Congress shall.~sivc. -!ff!1er:e_ndu!. The Consti tution in Section 32 h as institutionalized what is popularly known as "people's power" 1 which was manifested with unprecedented popular s upport during and after the 1986 presidential "snap" election and in the "EDSA revolution. 1 Thc t~rm wh ich has b~en iden t ified wi th Prc!'\id~n t Corazon C.. Marcos and his subseq uent forced exile tu Hawaii. marching. as early as 1 · 1970 lJPLC Constitutiun Revision Project.January 20. 20~ I of Vice-President Gloria Maccpagal-Arroyo as the n~ w President in place of President Josep h E.g in the ou ster' of Prcs\d~nt Ferdinand Jo: . 'l'he occasion for the ou ster was the wal k -out ()f prose~o"\t­ tors in the impeachment trial of President l!~strada t riggering mass demonstrations and withdrawal of institutional support led by the top military generals. .. and the exceptions therefrom. SEC. 32 leged cla!>s which may transmit their classification by inheritance to their children.It is the process by which a ny act or law or part thereof passed by Congress or by a local legislative body is s ubmitted to the people for their approval or di sapproval. B9. 2001 at the sa me spot ofthe EDSA-Shrim. ~This feCit was re peated 15 years later by what h 11~ been r eferred to as Eds a II..referendum. whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of any petition therefor signed by at least ten per centum of the total number of registered voters. p. 1986. His last 14 year rule after the declaration of martial law in 1972 wa~< perceived to hE' dicu•torial llnd reprc. "EDSA I" was a ncar bloodless military "break-away" supported by t h e overwhelming strength of un a rmed civilians t ha t assembled at EDSA on February 22·25.T!:. ·· ·· Meaning of initiative and .

resort to direct action to compel obedience of the government to their own demands.) Through these processes. for a system of initiative and referendum. Under Article XVII. and recalls. Section 2. .honored principle that in a republican and democratic State "sovereignty resides in the people and all government authority emanates from them. (see Art. reserve power of sovereignty given them. The condition for the exercise of these reserved powers is the registration of a petition therefor signed by at least 10% of the total n'. Sec. II. or subjecting acts of Congress or a local legislative body for approval or rejection gives substance to the time. s hort of waging a revolution against it. 1. the people are able to articulate what they feel about certain political. social. } -oOo- .lmber of registered voters with every legislative district being represented by at least 3% of the registered voters in said district. Our government. II. aside from elections.LEGISLATIVE DEl'ARTME!\T 205 possible. and economic issues confronting the country and. Sec. The incorporation in the Constitution of the devices of initiative and r eferendum for proposing legislation or constitutioual amendments. however. 1. in the exercise of the ultimate. amendments to the Constitution may be directly proposed by the people through initiative. 32 ART. and the exceptions therefrom." (Art. VI. plebiscites. Other details for its implementation are to be determined by law to be enacted by Congress.Sec. remains essentially a republican democracy..

(see Note 34 to Introdu ction-C.on the day of the election. accurate to refer to him as t he Executive. p.~ t. f. H e is purely an executl ve.n iuns. and a resident ofthe Philippines for at least ten years immediately preceding such election. the President is not a legislative leader with membership in Congress. decrees (issued under the 1973 Constitution). at least forty years of age.he President of the Philip pines.. L imit.Article VII EXECUTIVE DEPARTMENT SECTION 1. the President is both the head of State and the head of the government.. Unlike the Prime l\linist c r under the 1973 Constitution (as amended). t Meaning of executive power. statutes enacted by Congress. The President in a president ial system of government is. which means'c a'r:rying them into practical operation and enforcing their due observance. the Executive. 2. 2 'We ha v<' 1-1 l'nl~i dc·n t '. The executive power shall be vested in the President of the Philippines. Following the 1935 Charter. and executive orders of the President.nn . Under both the 1935 Constitution and the present Constitution. It. and decisions of courts. not merely Chief Executive. President.2 The "laws" include the Constitution. 206 . Section 1 vests the executive power in one person alone . SEC. a ble to read and write. referred to also as the Chief Exeeutive. is. a registered voter. No person may be elected President unless h e is a natural-born citizen of the Philippines. from 1898 up to the pl'esent.t.) Coolt'y . Executive power has been defined as the power to administer the laws. therefore. 8th ed. 183. however.

. in line with the egal itarian objectives of (lul'· democratic society.a resident of the Philippines for at immedia tely prc:. particularly. The Pres ident shall not be eligible for any re-elec· tion. 3. or literacy quallfication except only the ability to read and w rite.ning of "rcgi. - J<~XEClJTIVE DEPMtTMENT 207 Qualifications of the President ." ... Vice-President. in Congress. The Vice-President. To reque ~t confirmation would degrade the dignity of the high office ofVice-President.i(h'll('C . <Sec.) SEC.to red voter" a nd "n. Such appointment requires no confirmation. <2) He is a registered voter. 4. and (5) H e . He m ay be r emoved from office in the same m a nner as the President. No person who has su cceeded as Pres ident and has served 1A. i. 1 ~east ten ( 10) years The Vice··President must h a ve the same qualifications as the President.·eding such election. The Preside nt and the Vice-President shall be elected by direct vote of the p eople for a term of six years which shall begin at noon on the thirtieth day of June next fol1 owing the day of t h e election and s h all end at noon of the same date six years thereafter .Sec:. 2. Section a. ) He may l e appointed as a member of the Cabinet without need of confirmation by the Commission on Appointment::. (Ar t . VII. in the case of t he Presiden t. 14 ) H e is at least forty ( 40 ) yea1·s of age on the day of t h e election (not proclamation or assumption of offi ce) for President ..O llli:!CI. it is believ~d that the Co n><titution as:<um es that the President. tion 2 provides for the basic or minimum qualifications of the Presi(l) He is a natural-born riti ?. The Vice-President may be appointed as a Member of the Cabinet. Sec. SEC... The Vice-President shall have t he same qualifications and term of office a s the President and may be r emoved from office on impeachment a::.:. d . (3 J H e is abli~ to n~ad and write.en oftbe Philippi nes.><~e!l t:xc·cuti Ye al:>i lity to occupy the highest offic•~ of tht• land.!< morally and intellectually fi t nnd pn!:~. XI. .f!p Articl(' vr.-. 2 (see Preamb\e.) The Constitution doe~ not prescribe any educational. 3·4 ART. ''Nev~rtheles1:1. There shall be a Vice-Pres ident who shall have the sam e qualifications and term of office and b e elected with and in t h e sam e manner as the President.. 3. academic. t.

The people should not bP deprived of the right to choose the head of their government. canvass the votes. -The Constitut-ion retains the system of. and qualifications of the President m· Vice-President. upon determination of the authenticity and due execution thereof in the manner provided by law. Voluntary renunciation of the office for any length of time shall not bE' <:. shall be transmitted to the Congress.208 TKXTB<X)K ON THE PHiLIPPINE CONSTTTVTJON Sec. the President of the Senate shall. The person having the highest number of votes shall be proclaimed elect. and the Congress. The returns of every election for President and Vice-President.'ltem of d. having exercised it since 1935. sitting en ba. considc.their choice of th~ man who woulrl be their President.ed. one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress~ voting separately.rect uoting. Unless otherwise provided by law. this right has acquired special significance for them. directed to the President of the Senate. No Vice-President shall serve for more than two successive terms. and may promulgate its rules for the purpose. .e day of the election. shall be the sole judge of all contests relating to the election. not later than thirty days after tl. duly certified by the board of canvassers of each province or city. but in case two or more shall have an equal and highest number of votes.e criticism for abetting massive vote-buymg and other undesirable practices. the regular election for President and Vice-President shaH be held on the second Monday of May. Election of the President and Vice-President tl) S')'.onsidered as an interruption in the continuity of the service for the full term for which he was elected.nc.·ing that. Upon receipt of the certificates of canvass. open all the certificates in the presence of the Senate and the House ofRepresentatives injoint public session. direct poputar e]c(~twn of the President despit. The Supremt' Court. returns. · Ca i This is considered more democratic and more in keeping with the Filipino culture and tradition tha l they individually vote for their leader . The Congress shall promulgate its rules for the canvassing of the certificates.4 as such for more than four years shall be qualified for election to the same office at any timt::.

the fact that he has popular suppor: would enable him to muster the necessary courage to effect policies promotive of t h t. VII. 4. (21 It is not to be confused with tenure of office (or actual incumbency} which represents the period during which the incumbent actually holds the office. Law Constitution Revis ion Project.) 1 19R6 U." ipar. ) A vacancy in the Office of the President arises in case of permanent disability. (Ibid. The President may be removed from office by Congress by means of impeachment. 4. Their term of office iR six (6) years "which shall begin at noon on th e 30th day of June following the day of the election and shall end at noon of the same date six (6) years thereafter. 3. par. 1. par. (2 j Election by Congress in case of a tie. The President and Vice-President. 8. however.P. (Art.i Unless otherwise provided by law.. Sec.Sec. and office. The tenurf! may be sh orter t han the term for re a sons within or beyond the power of the incumbent. or r esignation of the President. . .: Moreover. a President elected by the lawmaking body with no fixed term may become subservient to the members to keep their support. duration or length of time during which an officer may claim to hold the office as of right. 5. 8. since there is a need for a strong national executive who can deal effectively with the problems of national survival as well as unite the numerous ethnic groupings constituting our nat. the regular election for President and Vice-President shall b e held on the second Monday of May. Executive Department. 1. par.EXEC UTIVE DEPARTMENT 209 {b ) On the part of the President. right to hold office. death. p. 7 .jon during these crucial times. ) Term of office distinguished from tenure of office. the President shall be chosen for the term fixed in the Constitution by a vote of a majority of all the members of Congress in session assembled.. 4 ART. ·. 2. (1) The phrase term of office refers to the period.) Term of office of the President and Vic~President.) The Presiden'"-elect and Vice-President-elect shall assume their office at t he beginning of their term5. enjoy security of tenure. XI. (Sec.In case of a tie.greater good despite opposition from vested interests. (Sec. par. (Sec. and fixes the interval after which the several incumbe nts shall succeed one another . l.) The Vice-President j s elected with and in the same manner as the President. (Sec.

O livc rM> vs. April l:'i. 4. 1973. 4 (3) A right to hold office. . Jan. Court of Ap peal!'!. 12. A per son who haR held the office of President is a bsolutely disqualified for any reelect ion. XI. 1974. In th e case of toh e Vice-Presi dent. ) But they may be elec!:~d to a lower position. (3) A President seeking reelection will even usE' pub lic funds for t he purpose even to the extent of making t he gov ern m ~nt bankr upt because no incumbent Pr esident would like to go down from power as a leader repudiated by his people. moreover. 26. par. 56 SCHA 522. 2. 2 Nt!evo vs. In the context of Philippine P. The President is not eligible for any r eelect ion. Pan•dt>s vs. is t he just a nd legal claim to enjoy the powers and responsibilitit-s of th e office. 237. The result h as been that political motivation is attributed to practically every act he performs. he cannot serve for more t h an two (2) successive terms (Sec. ~fenal!ad. :~ 1 . par. 3 S!!t~ note 34 to Introduction-C. (4) The off'ice is an institut ional unit of government.) The voluntary renunciation of the office ofVice-Pn:lsident for any length of t ime does not interr'~pt the continuity of the service for the full term of six (6) years. Angeles.210 TEXTBOOK 0~ THE PHILIPPf~ E CONSTlTUTIO!'J Sec.. {Ibid . May 30.xperience. Sec. Sec. 76 P h il.) Reelection of President and Vice-President.. (2) A President who seeks a second term is under a ten·ific handicap in the performance of his functions . par. <1uekt>ko vs.erm to work for r eelection. A Vice-Pr esident who h as succeeded a nd served as President for more than four (4) years (even in an acting capacity) is also disqua1ified for election to the same office at any other time. Aparri vs. 57 SCRA I 63.) T hus. 1984. a Vice-President wh o voluntarily r enounced or resigned from hi s office is deem ed to have served for six (6) years for purposes of the ban against r eelection. ) but he is still eligible for election as President. 2 (see Art. Reasons tor prohibition against re-election of President. while term is a matter of time during which a person may hold the office. (See Art. 1. The following have been give n: (1) A President see king a second term is vulnerable to constant politica l pr ess ures from those whose support h e must pr eserve and h as to devote h is time and energy to consolidate this political s upport.:i (Ibid. 1. S'lntos. II. on the other hand. Villaluz. every President elected to t he Office h as used th e first t. the danger of alienating much needed votes may be an o b ~tacle to the proper and impartial performance of his duties. 127 SCRA 231. 76 Phil. 2.

no man is indispensable in a democracy. in effecl. Sec.1:3. Imposing a complete ban on reelectiun will . These r eturns which show the r esult of the voting must be duly certified by the corresponding board. no matter how long. p. Exccutive Depart men t . Congress i~ empowered to reject them or make an inquiry with respect to the same. rould n ot go beyond the returns. should that need for such man arise..The returns of every election for Pre::. {see Art. may be replaced hy other s equally good. & 1986 UPL Constit ution Re-vision Project. the people a re the wisest judge on how many terms a President (or Vice-President) is going to have.ident and Vice-Pres ident are canvassed I exa mined for authenticity) by the board of canvassers of each province or city. and any person. VU. they are transmitted to Congress directed to the President of the Senate who shall. 12. XI. therefore. 8 1970 UPLC Cons titution Revis ion Project. penalize th e people from calling back to the Presidency a person who has rendered s ign a l s ervice to the na tion.} .titution Revis ion Proj ect. and that the people will suffer most from a lameduck presidency may be remedied by the provisions on impeachment. or patently irregular (e. 442.R Furthermore. p.lENT 2 11 (4) The prohibition also widens the base of leader ship.nap" pr•csidential election. . 4 ART.. Then .g. . 'Sec 1970 UPLC Con:. (5) The ban will also put an e nd or at least hamper the establishment of political dynasties. Executive Depart ment. The Ba t asang Pambansa majority pa r ty insisted that in the counting of vot es it s duty was purely ministerial and.fi and .. He can concentrate on being President free from the demands of pa r t isan politics. The n ew phrase is intended to emphasize that Congress must first be satisfied on the genuineness of the returns. Canvassing of returns and proclamation. In theory. 442.. no matter how good he is. As an alternative. The main argument against the absolute prohibition on reelection is that it forecloses the possibility of a good President being recalled to the office at some future time should his services be required. not later than thirty (30) days after the day of the election and in the presence of the Senate and the House of Representatives in joint public session and upon determination of the authenticity and due execution thereof' in the m anner provided by law.' {6) The six-year term will give the President a reasonable time within which to implement his plans and programs of government. p. is short for a good President. If they are obviously false. the n umber of votes cast exceeds the number of registered voters). the ban should be on immediate reelection in order to prevent the President from using his office to advance his candidacy . (7 ) The criticism agai n ~ t a six-year term without reelection that six (6) years are too long for a bad President but too short for a good one. ' The ph rase "u pon determination of the a uthenticit y an d due execution thereor' h al> been a dded in view of t he national exper ience in the J986 ":. 9.EXECUTIVE DF:PARn. 2. statistically improbable. (1986 UPL Constitution Revision Project. ) A term. adding all the returns in ev~ry town in the province or every district in the city.S ec. . pp. (1 ) Returns transmitted to Congress.

itself. 6. . last par. that is.) Congress is empowered to promulgate its rules for the canvassing of the certificates. or the Acting President shall take t h e following oath or affirmation: "I do solemnly swear (Ol' affirm) that I will faith· fully and conscientiously fulfill my duties as President (or Vice-Preside n t or Acting President) of the Philip· pines. (Ibid . sitting en bane (as one body ). Vice-President. the Supreme Court. execute its laws. Before they e nter on the execution of their office.) Oath or affirmation of the President. (Sec. as such. (]bid. 4. (3) Candidate to be proclaimed..) The candidate thus chosen shall then be proclaimed elected. 5. Oath is an o-.The person having the highest number of votes shall be proclaimed elected.) (2) Plurality rule sanctioned.. par. Thus. 5. SEC. tht" President. (Ibid. a minority President may be elected ( i . (Ibid.e." (In case of affirmation . CONSTITUTION Sec. So h elp me God. 5 canvass the votes.The Constitution does not prescribe any minimum number of votes to he cast in a presidential election nor any majority vote needed for the prodamation of the winner for it merely provides that "the candidate havi ng the highest number of votes shall be proclaimed elected. or Acting President. of the number of registered voters) if there is a low t. more than one candidate shall have a n equal and highest number of votes. Vice-President or Acting President does not believe in God. shall now be the sole judge of all contests r elating to the election. shall be the sole judge of electoral disputes involving the President-elect or VicePresident-elect. par. he makes an affirmation.:{.tward pledge made under an immediate sense of responsibility to God. Instead of saying "I do solemnly .. returns and qualifications of the President or Vice-Preside nt. one of them shall be chosen President by a vote of the majority member~.hip of Congress in session assembled.. by t he votes of less than 50f.) It sanctions the plurality rule. Election contest involving the position of President or Vice-President. the Vice-President. . It may promuigate its rules for the purpose. par. par. do justice to every man.. In case of a tie between two or among more than two candidates. . The Supreme Court. preserve and defend its Constitution. 4.212 TEXTBOOK ON 'I'HE PHlLlPPINF. . If the President. 5.urnout of voters or there are more than two ( 2 l candidates . last senten ce will be omitted.) Under the new Constitution. and consecrate myself to the service of the Na tion.

7. 6·7 AKT. SEC. (b) The compensation of the President and Vice-President." The oath-taking marks the formal induction of the President. for the increase shall not take effect until after the expiration of bis term during \vhich such increase was approved . <Art. (c) The Constitution . he omits the last sentence: "So help me God. 17. they may he able to make use of their positions for pecuniary gain. XVIII. as fixed by law. They shall not receive during their tenure any other emolument from the Government or any other s ource. . Vll.00. - EXECUTTVI<~ DEPARTiviE!'I T 2 13 swear" he declares. cannot be increased or decreased by Congress during their continuance in office. The salaries ofthe President and Vice·President shall be determined by law and shall not be decreased during the ir tenure.ation of the President and Vice. allowances.000. The President is enjoi ned by the Constitution.) SEC. Sec. The prohibition is for the purpose of securing t he independence of the President or Vice· President from Congress. (2) The annual compen!. " I n such case. VicePresident or Acting President in office.-:ribed oath or affirmation. Congress may provide otherwise subject to Section 6. and other remunerations) from the government or any other source. a mong others. Official residence and compensation of the President and Vice-President. He cannot enter on ihe execution of his office without taking the prcs. in the Transitory Provisions. (1) The official residence of the President shall he de termined by law. to "do justice to every man" because of the vast powers of his office which if abused could cause much harm and injustice.00 and t he Vice-President at P240. No increase in said compe n sation shall take effect until after the expiration of the t erm of the incumbent during which such increase was approved. The President-elect and the Vice-President-elect sh a ll assume office at the beginning of their terms.000. (a) During their tenure of office. "I do solemnly affirm. the President a nd Vice-President shall not receive any oth er emolument (e . The President shall have an official residence. A law increasing the salary of the President or Vice-President shall n ot benefit the incumbent Pres ident or Vice-President at the time of the enactment of said law. p er diems.. 6. It is mandatory.President shall be provided by law.fr .:.S e (:. Without the prohibition. fixes the initial annual salary of the President at P300.

or resignation of the Acting President. In case of d eath. the President of the S enate or. 8.efore a~ of offi. 4 . permanent disability. . Where no Preside nt and Vice-President shall have been chosen or shall have qualified. In case of death. the Presid ent-elect shall have died or shaH have become permanently disabled. shall then act as President until the President or Vice-President shall have been elected and qualified. the President of the Senate or. provide for th e manner in which one who is to act as President shall be selected until a President or a Vice-President sha ll have qualified. the Speake r of the House of Representatives. He shall serve until the Pt·esident or the Vice-President shall h a ve been elected and qualified. or inability of the officials mentioned in the next preceding paragraph. permanent disability. The Constitution pr ovides for t wo (2} classes of P r esidential su ccession. provide who shall serve as President in case of d eath. in case of his inability. the Vice-President shall become the President to serve the unexpired t e rm.2 14 TEXT BOOK 0!\' THE P HII. in ca se of death. to wit: {1) J3. i.. or resignation of the President. permanent disability. the Vice-President-elect shalJ become President. 8..e. 7. and (2) An~r. 1. removal from office. SEC.umptiun of office by the President-e le ct at (or subsequent to) the time fixed for the beginning of his term . the Vice-Presidentelect shall act as Preside nt until the President-elect shall have qualified. Classes of Presidential succession .lPPl::'-JE CO~STITUTTON Sees. 7-8 If the President-elect fails to qualify. or resignation of both the President and Vice-President. permanent disability. (Sec. the Vice-Presidentelect shall act as President until a President shall have been chosen and qualified. day ofthe election (Sec.). If at the beginning of the term of the Preside nt. The Coagress shall. and be subject to the same r estrictions of powers and disqualifications as the Acting President. If a President shall not have been chosen.).ass. at noon on J une :30 following the .:e by the President -elect a t the time fixed for t h e beginning ofhiR term (Sec. removal from office. by law.) . by law. or where both shall have died or become permanently disabled. par. the Speaker ofthe House ofRe pt•esentatives shall act as President until a President or a Vice-President shall have been chosen and qualified. in case of his inability. The Congress shall.

par... at noon on the 30th of June next following the day ofthe election. 4. par. par. pPrmanent disability.SUllJ:l!Jio!!: .__ ·····-· . or (a) In case of temporary inability or incapacity of the President to discharge his powers and duties. i. there is a permanent vacancy in the office of P resident.) ( 2) Afte. in case of death..) When. par. removal from offlce.e. 7. The Vice-President-elect shall act as President until the Presidentelect.erm of the President. or c.o unable to act as President. the Vice-President shall act as President: (1) If the President-elect fails to qualify.shall ··-··· bec. (Sec. . shall act as President in case of death . or tor the case of death. 8. ''' ___ In any of the following cases: (} 1 If at the beginning of the i. the Presiden t -elect shall h ave died or shall have become permanently di<>abled (Sec.. (Sec.. or resignation of both the P resident and Vice-P re sident until the President or Vice-President shall have been elected and qualified. 4.. in which case the VicePresident shaJl serve the unexpired term. l.. 7.Sees. 8. .c.. permanent disability. sh all act as President until a President or Vice-President shall have been cho. or the disability shall have terminated. or ( ~- If a President shall not have been chosen ..rfEJJ. shall have qualified. (Sec.lf.ome.) In any of the following cases. the Speaker of the House of Representatives.The Senate President or. 1.!~Pti_o~. or resignation of the President. par.) - (3) Where Senate President and Speaker al~.!_ (JR_S..-The Senate President or. ' . or where both shall have died or b eco me permanently disable d at the beginning of the term of the President. (Sec.en and qualified where no President and Vice-President shall have been chosen or shall have qualified. 7. Vice-President . or a President shall ha\·e been chogen and qua lified (Sec. .se of Representatives.zi. (see Sec.§. in case of his inability.!. r emoval from office. Where there are no President and Vice-President. (1) ft~fo. Congress is mandated to provide by law for the case when both the S~n ate President and the Speaker are also unable to act as President.).). 11. t he Speaker of the H ou. 4.President. permanent disability or res ignation of the acting . 7 -A ART.l In the above cases. Vll.EXECUTIVE DEPARTMENT 215 When vice-President shall act as Presi®nt. The President-elect and the Vice-President-elect shall a!':sume office at the beginning of their terms. in case of his inability. 7. After as~umption of office.

Section 25. (Sees. Vacancy in the Offices of both the President and Vice-President (1 l Special ele. The nmninee ~hall assume office upon such confirmation.In case of a permanent vacaney in the Offic-es of both the President and Vice-Preuident. The bill calling such special election shall be deemed certified under paragraph 2.. 9·10 President. Section 26. 9. The convening of Congress cannot be suspended nor the holding of the i>p~cial election postponed as required by Section 10. at ten o'clock in the morning of the third <lay after the vacancy in the offices of the Pt•esident and Vice-President occur. SEC.cti. Article VI of this Constitution. 7. In case a permanent vacancy occurs in th(! Office of the Vice-President during the tc1·m for which he was E>lected. .216 TEXTBOOK ON THJ:.~ Office of the VicePresident during the term for which he was elected. Vacancy in the Office of the Vice-President. No special election shaH be called if the vacancy occurs within eighteen months before the date of the next presidential election. tbe President shall 1mminate a Vice-President from among the l\lembe'". the President shall nominate a Vice President from among the members of the Senate and the House nf Representatives. I'HlLII'I'INE CONSTITUTJOX Se(':>. last pars. The nomination is subject to confirmation by a majority vote of all members of both Houses of Congress.. Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Whenever there is a vacancy in tht.s of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of aH the Members of both Houses of the Congress.r>n. the Congres!' shall convene and enact a Jaw calling for a special election to elect a President and VicePresirlE!nt._-:-. as to who shall act as President. 8. i SEC. voting separately. 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 dayH from the time of such call. The bill calling . 10. until the President or Vice-Pt·es1d~nt shall have been elected and/ or qualified. voting Reparately. The convening of the Congress cannot be suspended nor the special ele<~tion postponed. The Cong1•ess shall.. including the manner of his selection. Appropriations for the special eJection shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4.

QJJ.s 25(4) a nd 26t2 ) of Articl e VI. within forty-eight hours. For that purpose. Meanwhile. S EC. If the Congress. in accordance with its rules and without need of call._il} 18 ffiQ. the Vice-President shall immediately ass ume the powers a nd duties of the office as Acting President.=tl election is not subject to tht> requirements prescribed in Scct. Rules in case of temporary disability of the President.. that the Preside nt is unable to discharge the powers and duties ofhis office. the Vice-President shall act a s President. otherwise.ll. Whenever a majority of all the Members of the Cabinet tra nsmit to the President of the Senate and to the S p eaker of the House of Representatives tlteir written declaration that the President is unable to discharge the powers a nd duties of his office.um(! the pre~idential . voting separately.i'J. and until he transmits to th em a written d eclaration to tbe contrary.~ before the date ofthe next Pl'l~sidcn­ tial e lection. The reason is obvious.Sec.rt period to end wh en the term of their successors begin. he shall reassume the powers and duties of his office. such powers and duties shall be discharged by the Vice-President as Acting President.=. the Congress shall decide the issue. when the President transmits to the President of the Senate and to the Speaker of the House of RepresentatiYes his written declaration that no inability exists. if it is not in session.No spec~ial election shall be called if lhe vncancy occurs ~. Whenever the Pres ident transmits to th(: President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers a nd duties of his office . - gx~CUTIV E DEPARnff:NT 217 f(l r the ~ p eci. Such special electi on becomes unneeessHry and costly since t.he President of the Senate and to the Speaker of the House of R epresentatives their written declaration that the President is una ble to discharge the powers and dut ies of his office.e.xt Presiclential ekc_ti.i nn. the Preside nt s h a ll continue e xe rcising the powers and duties of his office. ll i\Hl'. Thereafter. or1 if not in session. within ten days after r eceipt of the last written declaration. should a majority of all the Members of the Cabinet transmit within five days to t.. within twelve days after it is required to assemble. Both the 1935 and 197a Constitutions containf!d no provision on how and by whom a Pregident's temporary incapacity or inability was to be d etermined nor how and by whom his fitness to re.-=::. C2 l ~ .he elected President and Vice-Preside nt will serve! only for a s hr. VII . the Congress shall convene.tb. determines by a two-thirds vote of both Houses. .

g_cis(f?f!. 11. ~~UJ:)~jn(~rme. the p!Jblic members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines.) (3) .l~!.~~si.l (2) I!. Congress by a 2/~~ vote ofboth Houses.dent.. the Vice-President shall immediately assume the powers and duties of the Office a1> Acting President.: -.b~. p. 44il.. upon transmitting his written declaration that no inability exists._~_p_. Executive Dcpartmcmt. (pars. (1) l}!claration..il>n l'roj~ct.transmit such written declaration. fui_.~!gra:..'!•.J_~( t:h~ ~tat~Qf_I!~~_he~_!_I!:.who are all the President'8 men--.In case a majority of all the members of the Cabinet.. -The President may transmit to the Senate President and t. has been solved by Sedi'Jns 11 and 12. 20. Thereafter. shall not be denied access to the President during such illness. 12. the public has a right to be informed of '1970 lJPLC Cons I itut.. (last par. voling separately. ._e_'!_I}Z. shall decide the existence and/or t£>rmination of presidential incapacity.:_fhe When public to be informed of President's state of health.ln ca'5e of serious illness oHhe President. par..t.he Speaker of the House of Representatives hi~ written declaration that he is unable to discharge the powers and duties of his office. 2 and 3.Q(!l~gr__~ii_~_f(L__~(!3_e of_9_ disp!:f.£.In case of a dispute on the matter between the PreRident and the majority of all the members of the Cabinet._qf_~l]_l}_ c. p.S. A disabled Pre. 12 office was to be te.~!'!. . l. Section 11 solves the vexing problom of determining t. 1 All kinds of speculations about his physical condition were mad0 and heard especially during the last yean.ll.siden:t could insist on his capacity..t. The problem of temporary incapacit-y was l). 1 Hence. the authority that was to decide whether there was a permanent or temporary disability to warrant presidential succession was the President himself. a serious matter indeed involving as it docs national Elccurity r.Y.21S TF.d_e_Y!:_t.) SEC._gf2!:!_1_f.Q.nd public interest. In such case. the President shall reassume the powers and duties of his office. '1986 L'PL Constitution Rcvio.sted. rrz. This problem.be existence and termination of presidf'nlial incapacity in cases of dispute.9.ighlightcd during the presidency of Ferdinand Marcos in 1983 when his illness and lack of provision for succession exacerbated political and economic unc(~rtainties.XTBOOK ON '!'HE PHlUPP1NE CONSTITVTJON Sec. (Sec. of his administra~ion .ion H~vision Project.!!!. In case · of serious illness of the Presi. the Vice-President shall be the Acting President until the President transmits to the two officials a written declaration of the termination of his incapacity.

c€..sho_gl.i.····--·-· SEC. or in any franchise (see Art. The President.r~9.§ipaci-. or special privilege granted by the Government or any subdivision.J.. direct ly or indirectly. XII.n<?t.Qj DC. particularly during abnormal times. unless otherwise provided in the Constitution (see Sec. agency or instrumentality thereof including any government-owned or -controlled corporation or their subsidiaries. the Vice-President. tate t:iie -P~~~i·d~&---····· ~ . directly or indirectly practice any other profession.r. chairmen or heads of bureaus or offices. as well as Members of the Cabinet and their deputies and assistants are subject t. 3.e.) or special privilege granted by t he government or any subdivision.RXF:CUTIVE DE PARTME~T 219 the state of his health. par.. directly or indirectly. participate in any business. 7. 8fll. including government owned or controlled corpora· tions or their subsidiaries.t. . 13 ART...i_gn_:re@ti.) They shall strictly avoid conflict of interest (between personal or family interest and public interest) in the conduct of their offi.. To safeguard the interest of the nation..§~_.Ulll_~.~L. and (~. Members of Cabinet.o prohibitions. Sec. during said tenure.. any other office or employment.s.). 11. durin.... ' 'b) They shall not practice any other profession.1~f( shall not be denied access to the President during such illness. as M e mbers Disabilities of President. -During t heir tenure.e. or in any franchise. }. or as Secretaries. 9.on.. 13. Art.on~ and the OUQL<?f ..'lote that Section l~. n amely: fl> They shall not hold. in any busi- ness.eau. agency.. ~) 1'hey shall not participate. Sec. hold any other office or employment during their tenure.b.S.Q9~~.ra. unless otherwise provided in this Constitution. Art. . par.g.tion. VIII.. in any contract with. or he financially interested in any contract with..illiT.t.Sec. 1. B-Sec. They shall strictly avoid conflict of inte rest in the conduct of their office. Vice-President. VTT.. They shall not. or the Office of the Ombudsman. 2.. Sec. . {d) They shall not be financially interested. the Members of the Cabinet. including government-owned or -controlled corporations and their subsidiaries.. (1)-PLohibW. and their deputies and assistants.. and their d epu t ies or assistants shall not.~~C\lrity a nd f9. XII.. th_~the . or instrumental· ity thereof. Art. the Constitution declares that Cabinet members in charge of ~. IX. the President and Vice-President. Undersecretaries. The spouse and relatives by oonsanguinity or affinity within the fourth civil degree of the Preside:!\! shall not during his tenu"'relieappointed ofthe-Constitutional Commis· sions.

up to first cousin.a. oxi~t. 2. prevent them from exte nding special favors to th(•ir own private business which come~ under their official jurisdiction. <Ibid.. However. l.(~/:t. children and many of their close relati ves to high positions in the government.l2_s_imil. 8.220 Tt:XTijOOK ON THE PHILIPPINE CONRTITll'fiON (2) Purp_ose of" pr. 14. H e should not be forced to endure important appointments he cannot accept. 1 (3j O~her o!J'i~_iql..J Bu.Jl. There is only a temporary vacancy. (Sec. . and th~ Tanodbayan and his Deputies. UnU('l' tho ~amc rul1~s. grand nephew and grand niece) to any of the positions mentioned. .)... A-Sec.~hf.. already provide thnt <)fficers and cmployeetl of the government ar~ prohibi ted from engaging in business unl ess with the permission of their d epartment hE->Mls. a. d(1partment hoad11 m u. 14.An acting President exercises the power~ and functions of the Office of Prcsid~nt until a Presi dent shall have qualifi ed or shall have been elected and quahfied (Sees.wful aclivity to augment iheir income.!'Phibj_J. of interest.£i. (1 i 'e owers and functions of Acting.u:ti(. XI .. t. . (Art. ()_fJh(: .g.heir function s..PR_~_i. Pre. the ele<. ) The Constitution seeks Lc> s t op the practice i.The.ants are not in~.ri_r~ _at.}f. Sec. SEC. 7 and 8. IX.si~t..ing dvil service rule.n t he past when the President appointed his wife . the President is prohibited during his tenure from appointing his spouse and relatives by consanguinity or affinity within the fourth dvil degree fe. par. He has not become President to ~erve the unexpired portion of the term. unless revoked by the elected President within ninety days from his assumption or reassumption of office.tions . Appointments extended by an Acting President.sion dnt~s not interfere with t.~Q. The exe:mption i.:luded among such orficials.power to revoke them.appointments extende-d by <ln Acting President are naturally valid and effective.si. Appoint ments extended by an Acting President shall remain effective. ). tn t'•ngage in some l t...:.tention to their official duties.. (Sec.. Sec..e_ on nepotiSQl· In addition to the above disabilities. and assure the public that they will be faithful and dedicated in the perfl)rroa nce of t. nor bring about any connict.ed President is given the.7'}_. (2) Revocation by _ q_!~c tt~~ .s s_~f!. or his tempora1·y incapacity shaJl have terminated. Sees. 2. 13.l. . 13 ..) and of the Constitutional Commi~si o n s (Art..The purpose of the prohibitions is to insure that the otlicials m~ntion~d (the President particularly) will devote their full time and at.'!_!!_!l:_en_t_s.C!l:J!.Similar restrictions apply to the Member s of Congress iArt. VI.. ..o givt' them a chan<:.:t. ' Chiefs ofhun~au~ and oflicc~ rtnd their. At any rate.e ofprofc.t make <!lure thllt the business activity or pr.PrE!sident.he work of the official:.) H e is not the incumbent President..) They seek to stress the principle that public office is a publie truflt.

Permanent appointments to judicial positions are. Appointments preceding a presidential election. What Section 15 prohibits are appoi.hc incumbent President or the tenure of the Acting President.he outgoing President of the power of appointment for the purpo·s e of enlisting political support during the Presidential election and for partisan considerations after his dd'eat. the appointment~ must be: { ct I t E.u. or officers of the armed forces from the rank of .Section 15 prohibits an incumbent or Acting President io make appointments within two (2l months preceding the date of the next presidential election and thereafter until the expiration of the term of t. SEC. a President or Acting President shall n ot make appointments. {b) to executive positions.>d purty men or recommendees of political supporters.Jl. to executive or judicial position. SEC. to executive positions. 16.. At the same time. except temporary ap· pointments to e xecutive positions when continued vacancies therein will prejuclice puhlic.cies woul~ prej~g. Two months immediately before the next presiden· tial elections and up to the e nd of his t-erm.acy . other public ministers and consuls. also covered by the prohibition. The President shall nominate and. ~ . 15· 16 221 But h~ must make the revocation within 90 days from his a ssumption or reassumption of office .ntrnonts to e.I. (1} f.E l~fety are not cover~d _by the p~~!}-~~~~-oE-:.appoi.Sition. PQ.Jhe reason is vP.wo C2J month:< before. and (c) urgent in the jntere8t of pub lit: service or public safety. whether permanent or temporary.UpJ. par.ithia.i.i.icc_ . therefore. 2.sex-vice or endanger public safety.. appoint the heads of the executive departments. (2) bcep#on. The period is deemed sufficient to enable him to study the a ppointments . (see Art.xer. ambassadors.~D ~ntinued vacal). 15.'mporary in nature.ntments. Note the requisites.wor(.ited if mqde w. .Y.. The purpose is to stop or curb the possible misuse by t.e.r:qhtb. extended by the incumbent or Acting President more than two 12) months preceding the date of the next Presidential election. .~-h. whether permanent or temporary.@L. it prot('cts the govE. In the past.'rnment officials concerned from having the ~ word of Damocles of possible removal or replacement hanging over their heads indefinitely. with the consent of the Commission on Appointments.a. are valid.P_l!bli~ _ sery-ic~.empor.r y obvious. two former Presidents extended so-called ''mass rnidnight" appointments or last-minute appointments to f:. made within the two (2)-month period except in respect t o temporary appointments to executive positions which have to be filled immediately. VIII. Sec.t.or ~J}Ql!!!.s~ .t.) (3) Allowed if made more than two (2) months bt>fore.Se-es . -·Appointments.

This done.g. The Congress may. 322. a nd provides the compensation. Appointment is the ac~ of desi. 5(6J. is shared by the Commission on Appointments' power to ratify or reject.TE XTBOOK ON 'l'HE PHILIPPI Nr: CONSTITUTION Soc. but such appointments shall be effective only until disap· proval by the Commission on Appointments or until the next adjournment of the Congress. Sec. 127 SCRA 2:31. Not every official of Cabinet rank is a head of a depa rtment. 2 The exec utive nature of the appointing power does not imply ~hat no appointment by Congress and the courts can be made. defines its powers.)' n~fer to dt~ pa rtmcnt ~<ecn·tari e~ who are mtmbers of the cabinet and who head and run a r egular depart ment (e. Vl. and other public ministers and consuls.. (1) Un der S ection 16. 102: Borrom eo vs. He shall also a ppoint all other officers of the Government whose appointments are not otherwise provided for by law. its legislative power ceases. Puh. Sec. Meaning of appointment. The officials whom the President i::. The power of appointment is intrinsically an executive prerogative. 50 Phil. Sec. or boards. . ~see Gov't. Department of Agri culture ) and its subor din ate offices.. in the courts. . 19A4. (see Art. Art. 16 colone l or naval captain and other officers whose appointments arc vested in him in this Constitution. Marian o.g.J Officials whose appointments are vested in the President. Aparr i vs. Springe r. whether voluntary or compulsory. agencies. Some Presidential assistunts (e. Is. 1 Nature of power to appoint. of the Phil. Offices and Officer s. of the individual who is to exercise the functions of a given office. It has nothing to do with designating the man to fill t he office.The power of the President to appoint high officers in the government. 41 Phil. commissions. or body to whom the power has been delegated. The President shall have the power to make appointments during the r ecess ofthe Congress.n. 'Meclu~m . . The legislative body creates the office. VIII. 259. 16fl). bylaw. or in the heads of departments. 3 " ambassadors .gnation by the executive officer. vest the appointment of other officers lower in rank in the President alone. ·'The. authorized to a ppoint under Section 16 are: la) The heads of executive departments. They m ay also appoint t hose officers who an~ necessary to the exercise of their own· function s . Court of Appeals. v ~. limits its duration. board. and those whom he may be author ized bylaw to a ppoint. Jan.

. t he Chairman and the Commissioners of tht~ CommiHsion oo Aud i~ (!bid. C-Scc. and heads of bureauH and cer. however.The Prt>sident. 16. Only the officer!S in the tirst three (aJ groups enumerated in Section 16 art:! appointed by the Pre~ i den t with the <:onBent.n th« r. 18 . (seP. Insurance Commission. D-Sec. and the Ombudsman anrl his D£>pulies.e appointments a1·e not otherwise pro\ided for by law. They de> nnt head departments and t hdr appoi ntment.s and Exchange CommiStiion.) Tht>re is no doubt. and they refer to officers to be appointed to lower offices cr~ated by Congress where the latter omits to provide for appointments to said officG~.r rnm.vhnse appointments are ves t.uhmit. and (e ) Those whom h e m ay be authori z-ed by law to appoint s u ch as the heads of govf'r'1ment.own~d or -controlled corporations.an p olitics. are no longer included among those whose appointments are t. heads of bureaus and offices. Sec. ll2]. 1. (d) All other officer s of the Government who::.ces under t he different depal'trncnts which are not <. The Congre~s may impose qualification::. (Art.. (confirmation) of the Commission on Appointments.sl!d but they :·n P. 8f21. under other provisions ofthc Coustitution. the regular members of the Judieial and Bar Counci l tArt. the Chai rm<. not full -fi i?. VII . the Chairm a n and the Commis!:~ioners of the Commission on E lectlonl> (Ibid.-t. for appointment offices of relevance to the dutitlS to be performE-d. 9. VIII. B-Sec. H2ll. of the Commission on Human Rights. Sec...<. 17..·. Sec.o be confi rm ed hy the Commission on App ointmen ts.taJ•t on L~gi >. likewise.s.cd in the Pl'esident by the Constitution.).s <. Sec.~n and the Commi ssio ners of the Civil Service Commission <Art.. VI. .rn k of Secretary and arc so addrc. .ions . Sec. -. department undersccretarie.o. t~> public (2) Under oth'!.s . that the p ower to appoint them i s lodged in the President.-· 1•:XI':CUT1VE DEPARTMENT (b) The ~)ffi cers t)f tht' Armt~d F'orCL' :< rank of colont:>l or m1v <tl capta iu : (Jf t he Philippines from the ::c) Other oHil:c~J·. 4. s ee Ar t. (Art. XL Sec. XIII .ted w lht~ Commi~!'>iun on Appointments for confirmation. XI.). N<itional lrri gati~m Administratil)n. VIII .ART. ll2 1 . ) Confirmation of appointments by Commission on Appointments. Jg~d Cabin+'!. 1'hey are civil service ? r·csidential As~i::.se0 Art.titution does not. stHtt:' the appointing uuthority with respect t'> the Chairman and M embcr...) 'l'he p urpose is to insulate them from the baneful influence of parti::.J ar~ gi\·. 1 .). etc.\ The Com. Sec.:<ll led hureau1' like the Securitir:. Departmt>nt undersecretarie::.:~t· not . rx. or provides in an unconstitutional way fm such appointm ents. 9.. nH:mher. appoints the members of the Supreme Court und judges of lower courts including the St=\ndiganbaynn (Art. •i:-.{lin ofli.< l ~r(iv<? :\ffni. and other officials..

(Art. XII.lia li organization distinct from tlw Armed F orces of the Philippines (AF PJ. the President issueR a nomi nation as a prelimina ry to 3ppointment.ers in whom respectively the power of a ppointrnent may be vested .:T JON Sec. par. and hoards.. vest.J With respect to r egu lar appointmen ts subject to confirmation by the Commission on Appointment s.224 T EXTBOOK Ol\i THE PHILIPPINE COt\. 16 officers whose appoiutment:s are sup posed to b~ made only according lo merit a nd fiLn ess. Appoint.. to be a pproved by the Comm ission on Appointments. <. By l.STITl. their appoi ntm en ts an~ ves ted in the PreBident. not s ubject to confir mation are the ranking officers of t he Philippine National Police (P NP. B-Sec. the powe1· to a ppoint other officers lower in rank (e. 2. or boards. The Supre nw Court a ppoi. Kinds of presidential appointments. 2l2] . which is a civi.rr:ents which are r equired to be submitted to the Commission on i\ppointments a re (~it her: i 1 J regular appoi ntments or those m ade during the sessions of Coog-reRs !Sec.) 'fhe phrase does n ot incl ude h eads of b ureaus and offices not specifi cally mei! tioned in the Constitution as among those to be appoint ed by tlH~ President wl1o 3J"(~ subordinates of Cabinet m embers.rm ('d. ThCl appointment of the Chairman and Member s ofthe Commission of Human Rights does not also require con firmation by the Commission on Appoi ntmen ts. Congress may.) · ' The m ember~ of the judjciary and the Ombudl. ( SC t' Art. par. XVI . 1\ ppointm ents of minor employee~. Sec.aw. l.1ts all offici als and employees of th e judiciary. lG. con sent by the Commission on App(lintnHm ts. The second p a ragra ph of Section 16 r efers to ad interim appointmen ts or appointments made by the President during the recess of Congress.man and his D eputies arc < lp pointed by the President upon re<. to wit: n omination by the P resident. Ubid. Chiefs of divisions or sections) in th eir respective offices. j ThE:' phras<: "lower in rank'' refers to officers subordinate to thosE. . by la w. may a lso be ve sted in the m.g . Ad interim appointments.) Appointment by other officials.:ommendation of the Judicial and Bar Council without n eed of C(mfirmation by the Commission on AppointmenU. 6. Sec. or l 2} acl int.t he heads of executive departments . h eads of departmen ts. agt~n ­ cies. {Se c.:omrnission s. It is clear that there are three (3) stages in regul ar appoiutments. in the courts . 1. Also. par .enumerated offi~. agencies. So there i:) no appointment yet in th~ s tr ict sens e until it is confi. and appointment by the President. 5[Gj.erim appointments or those made during a r eccs :) of Congress . VI II. 16 . ). commis sions. < Art.

not in session. it lasts until it is lawfully terminated ..d.one which is i s~.l:'i tion to which hoi~ appointt:>. They Me: ( l J Permcu1ent . . _. 16 II HT.ntmenls of the Pres ident. of Congress.·mporory or ru. tArt.'tin!J. The h older of such appointment may be removed any time e ven without a h(·rtring or cause. Section 15 gives th(• President t he: power to make temporary appointments . which is the written evidence ~f the appoin tme nt: and (2) A cceptance.:· Steps in the appointing process. . reepgs..l:l't:" Xo. in the secund situation. But a cceptance thereof is neces»ary to enable hi m ······ 1Pr·esrdcnt.ial 'Jhirl. ! refers to the regul at· a ppointing p ower of the President. But the appointments shall cease to be e ffective upon rejection by the Commission on Appo intments or. it shall not exceed 12 months. Sec.·- !o.1rH· which is issued to a per:. Kinds of appointment in the career services.on who meetti all the requireme nts for the p1. This is to give the Commission on A ppointmen ts time to delibe :·ate upon the ~1ppoint me nt before confirming or rejecting i L. like a Ch ristmas Hlccs~. . .. at the adjournmen t of the next s e~sion.. if not acted upon. <. 1.. In other wo1·ds.ue d to a perl:'on who meets all the require!llent. Compulsory recess takes place when Con gn~ss a djo urns. . VII. holde:r of s uch appo intmr:: nl eannot be removed except only for cause: 1 and (2 1 T. while voluntary recess is that which takes pl ace before t he adjoumrnent of Congres. bOI. They are: (l ) Ap{Jointmen t.il service eligible becomes available.Sec. Section 16 ip<n·. the Commission on Appointments. It may include the issuance by the Pr~id cnt of the commi lision. ThP. which approves major appoi. m eets only whe n Congress is in session. . reguiar or special.S('C.It is the act of the appointee.NT 225 whether such r~ces s is voluntary or compuls~n·y.Xl-~CUTIV E DEPAR'DfF.'' not until t he next (vulnntary. but the appointee may be replaced socincr if a qualified civ. Under the Constit nlion. the appointment remain-" eil'ective until the end of the session foll owing su ch appointment or "until t h e next a djournment.: for the posilion to which h e is being appointed except the appropriate ei\'il ~c n ice ellgihility. 19. He m ay or may not accept the a ppoin tment. UP. 2!1. VI . J The 1·ece!'\s appointment power keeps in continuous ope ration t h e busi ness of governm ent when Congress i .It is the m:t of t he appointing power.

1. power to remove executive officials from their· posts. Removal power Qf the President. however. Manalo.m. 84 Phil. In some instance!:!. . 5.2~6 TI<:XTBOOK ON T HE PHJLTPPJN E CONST ITUTIOK SE::c. the a ppointee enters upon the exercise of the duties and functions of a n office . necessa ry to t he lega li ty of the appointm e nt. B-Sec. Lacson vs. It is not. Book IJ J. Nevertheless. -.o perform his duties or there <:xists a vacancy." (Art.when. 16 to have full possession. 7 It is. and responsibility of an office.). (4) from the President's control of all departments . Meaning of designation. 17 . Designation is simply the mere imposition of new or additional duties upon an officer already in the government Mrvice (or any other competent person) to temporarily perform the functions of an office in the executive branch when the officer r egularly appointed to the offi ce is unable t. The best formal evi dence of the acceptance is undoubtedly the qualification of the officer appointe d by taking the oath of office. IX. d ifferent from appointment. S ectiun 17.·e Cnde uf 1HH7.. wit h out formal acceptance.) 6 Borromeo vs.whe n doM verba lly or in writing.). as it is implied from any of the fol1owing. Removal is th e ouster of an incumbent before the expiration of his term of office. "Administrati. and ( 2 ) I mplied.). 2[3J. bureaus a n d offices (Sec. and (5) from the provision that "no officer or £~mployee in the Civil Service shall be removed or suspended ex(:ept for cause provided hy law. (3 ) from the President's d uty to execute the laws (see Sees. the power to r emove being executive in n::~turc (Sec. 322. therefore. Romero. the law requires th ~tt a bo nd be p()sted. (2) fro m the natur·e of the "execut ive power·· exercised by the President. 17. 740. The Constitution contains no provision expressly ves ting in the President t hP. . the power is possessed by hi. enjoym e-nt. 41 Phil.~ Kinds of acceptance. Acceptance may be: ( 1) Express. to wit: (1 > from his power to appoint which carries with it t he power to re- move.

He shall ensure that the laws be faithfully e xecuted.1. the duty of the Presidtmt is to see to it that every department. Sec.g. XI .XECUTI VE DEPARTM J:. (2) With respec t to otfic er~> exercising quasi-legislative or quasi-judicial functions (e.). IX . Sec. T he above pJ·ovision emphasizes the rolE> of the President a s administrator. they may b"' removed only on grounds provided by law to protect their independence in t he di. bureaus. and (2) The power ol removal (which is implied in the power to appoint).1 SEC.sdtarge of their duties. U-See. bureaus and offi<:es. . members of the Securities and Exchange Commi~:~s ion). op.. and offices. etc. with which he may choose men of competence and confidence.•nt ~Sec. bureau and office under the executive branch it. with which h e may weed out incapable and dishonest officials. p.s~c . 11.G. .e. the Presidt>nt may remov(! them only for cause as provided by law. 235. cit . 2. tht:! h eads of departments. managed and maintained properly hy the person in charge of it in <:w:ordance with pertinent Jaws and regulalions. The Pres ident sh all have control of ail the executive departments. to wit : (1} The power of'appointm. 17. 16. they are not subject to the removal p ow~r of the President. As administrative head.:-IT 227 Whet·e the power to appoint is vested by law in the courts. . VIII. ( 3 ) With respect to constitutional officers r emovable only by mean s of impeachment (see Art.such r estrictions a s it deems best to impose for t he public: interest.F. the President may remove them with or without cause and Congress may not restrict such power. Vll. (1) With r espect to officers exercising purely executive functions whose tenure is not fixed by law (i. 17 ART. and (4) With respect to civil service officers. bureaus and offices. 21:11. members of the Cabinet). and judges of lower courts (Art. Extent of the President's power to remove... 1 There arc two factors that.). 1 V. Congress may ulso provide that those appointed may be removed by them . subject to . (Art. Power of control over alf executive departments. contribute to the effective hold and cont r ol of the Pregiden t over all executivt' de partments. Sinco.

16.) Now. an officer or employee who belongs to the career service. It implies that he may alter or modify or set aside what a subordinate officer had done in the performan<. Before assuming office. advisa bility or validity. plans a nd progra ms.The function of the President to sec that the laws a re faithfully executed is more of a duty than a pow er.) (2) More of (l mandatory dut:y than a power. among others. I See Angangco vs.us and offices is not just over the heads thereof but extends to all other subordinate officers. A law is presumed valid and constitutional until judicialJy declared otherwise. r estrain the commission of acts. -. he will. It includes the power to supervise. Decree No. -·The power of control of the President is in line with the concept of Cabinet me mbers serving as a lter egos (Lat. determine priorities in the execution of plans and programs. X. guidelines. to be discharged by him personally and through subordinates under his control or supervision. Silvos a. of the Philippines. ( 1) Over cabinet members. the primary functi on of the President is to enfor<. that the laws be faithfully executed. (see Art. and prescribe standards. B-Sec. l'HILIPPINE CONSTITUTION Sec. 17 Naturt3 and extent of the power of control. IX. It is his mandatory duty to enforce the laws of the land regardless of his opinion about their wisdom. direct the performance of a duty. (2) Over other subordinate officers. suspend. . h e 'is required to take an oath or affirmation to the effect that as President..As the Executive in whom the executive power is vested (Sec.The President. or remove officers and emp loyees who belong to the executive branch if they are appointed b:y him or do not belong to t he career service. Sees. . 2See Monda•lo vs.) To say that the Presi· dent can forbid the execution of the laws is tantamount to investing him with the power to make a mockery of the legi slative process and the a dministration of justice. investigate. 'l'fh e law is the Civil SE-rvice DecrP.:e of his duties and to substitute his judgment for that of the latter/ act directly on any specific functio n c ntruRted to the offices concerned. 97 Phil. l\:vv. Castillo.) of the President.:1 Power to insure that the laws be faithfully executed. L-1716H. ·-. burcEJ. .e of the Philippines. has nv authority to directly investigate and thereafter remove even for cause . (see Art. 4. (3) Over officers and empLoyees in the cq_reer service.:e the laws . 30. 17 . he "s h a ll insure.).The power of contr<Jl of the President over a ll execuli ve departments.228 TEXTBOOK ON Till'. 2r3 J. 5." (Sec. A direct action of the President would deprive them of due process as guaranteed by th e Civil Service Law . 1. 1963.i Such officer or employee fall s under the original and exclusive jurisdiction of the Civil Service Commission insofar as investigation is concerned. (1) Primary function of President. ''execute its laws. 143. another I. however. < Pres." (Sec. H07 .

Sec. convene in accordance with its rules without need of a call. which revocation shall not be set aside by the President. d~J suspend the privilege of the writ of habeas corpus or place the Philippines or any part the r eof under martial law. During the suspe~sion ofthe privilege of the writ. extend such proclamation or suspension for a period to b e determined by the Congress. ~.tll:• by a vote of a t least . VII. voting .majority of all its Members in regular or special session. any person thus arrested or d etained shall be judicially ch arged within three days.w. The Congress. 18 ART. ./ The a bove section prov)des for the military power of the President. nor authorize the conferment of jurisdiction on military courts and a gencies over civilians where civil courts are able to fun ction. 18. the s ufficiency of the factual basis of the p roclamation of martial law or the suspension of the privilege of th e writ or the extension thereof~ and must promulgate its d edsion thereon within thirty days from its filing.It mentions three extraordina ry remedies or measures which the President is empowered to utilize ·. . invasion or rebellion. the President shall submit a report in p~~2!l or in ..rjtin. in the same manner. if the invasion-er rebellion shall persist and public safety requires it. The suspension of the privilege of the writ shall apply only to p ersons judicially charged for rebellion or offe n ses inherent in or directly connected with invasion. shall. he may call out such armed forces to prevent or suppress lawle-:. within twenty-four hours following such proclamation or suspension. when the public safety requires it.. nor automatica lly suspend the privilege of the writ.g to the Congre~s. In case of invasion or rebellion. bJ~ rna~ for a period not ~xce~~!n~ts!x~. the Congress may. Upon the initia tive of the President.s viole nce.. nor supplant the functioning of the civil courts or l egislative assemblies.~!!. may revoke such proclamation or s uspension. in an appropriate proceeding filed by any citizen. Within forty~eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. A state of martial law does not suspend the operation of the Constitution. The Congress. (1) Powers to meet emergency situations.EXECUTIVE DEPARTl\·l ENT 229 SEC. otherwise h e shall be released. if not in session. The Supreme Court may review. . The Pres ident shall be the Commandet•-in-Chief of all armed forces of the Pbilippin~s and wheneve r it becomes nec:sary. Military power of the President.

the Commander-in-Chief of all armed forces of the Phil ippines.on:un~m.t.l. 2.Yih~u... H.. The Powers or the President C196a).\'<. Re is givE>n the broad powers to call out the armed force s to prevent or su ppl·e ~~'> lawless violence.. ~~perts .u. a civilia n.1f2l. The Constitution has provided another built-in measure to cope with any crisis or emergency: emergency powers expressly delegated to the President b y Congress (under Ar tich~ VI.f. par. Two conditions are necessary in order that the President may suspend the privil ege of the writ: .war. He is not.2 As Commander-iu-Chief.e.s.<I>Ther~ must be invasion or rebellion. and consequently. the President ha s control of the military organization and personnel whether in peace time or in war time.b. 18..eot • . (see Art. (Sec..s.~ctuaJ .U£Y£. II. 23ll].ahle to functio. he is also in a sense a military officer.ourts ar. a member of the a r med forces. ) Power to suspend privilege of writ of habeas corpus.~!~!!!i_~t9_~~-~-. A-le is also empowered to <. and 1 'This powe r covers the Philippi ne National Police (P:-/P ). ) Powers of President as Commander-in-Chief of the Armed Forces. m_i}ij:ary__ ~ourts an.Ifl.) ln thtui.VJJld. t. Sec.v.rwrmaUy. Sw1:1rtz. . and t o declare martial law. however . or rebellion.e ..civil c. 1 He i!> authorized. agen_ cies ha:ve no jurisd~ct~~m over Gi.~~( t:.sid. VI. p. 4.9we ver.lliu:f:. The President is not only a civil offlcial. Authority of Congress over the armed forces. 18 in meeting emergency s ituations:to'call out the armed forces.o suspend the p rivilege of t he writ of habeas corp us. e v_ e n in ~ st~J~ of.nartia. Sec.·Congress shares with the President his authority over t he armed forces. he is not subject to court martial or military discipline.:. .~l. To it belongs the sole pow~r to decla re the existence of a state of a war. It ~upplie s the money a nd makes t he laws for thei r governance. or rebellion .fld. This provision ensures the supremacy of the civil authorities over the military forces of the government. invasion. Sec.he ~rrn ed for ces to hi!?. (Art... ( 2) Commander-in-Chief of' the Armed Forces. to call out such armed forces to prevent or suppress lawless violence. invasion .The Const itution makes the President.he .d _q[J. 3. military fO ..:ff•a ie military tribunals to try persons who violat e military laws or commit crimes agains t n ationa l security.the. whenever it becomas neceasary.ele_g_a. t..230 TEXTBOOK ON T HE PHILIPPINE CONS1'lTUTJON St-c.Pre.'LCllLo.JJ1._ -. As Commander-in-Chief of t he Armed J:t'orces .a.he ulti}1}~te .d.. 215.

) This mandate is directed against the practice in the past of detaining indefinitely persons for alleged political offenses without charges being filed against them in court. 13. III. it includes all laws that have reference to and are administered by the military forces of the State..The right to declare. t. (1) In its comprehe n~ive sense. Jur.9. They include: ta) The military law proper. object.r. (~). 4. 18 AR1'. th.~prqslama­ tion of martiall~-w. 1586. p. supra.ightf:<. It is as essential to the existence of a nation a~'. it is that Law which has application when the military arm does not supersede civil authority but is called upon to aid it in the execution of its vital functions... Mean!ng.Q~.oLmartlal law:. .s it clea.b.titutionmak..Sec. ~See ~51 Willoughby.~ The Constitution refers to this meaning of martial law. . Am.. Sec. 15. apply. and exercise martial law is one of the rights of sovereignty.the.. or directly connected with invasion.) The power to proclaim martial law includes the power to make all needful rules and n~gulations with the force of law until the termination of martial rule . par. ) The s us pension of the privilege s hall· apply only with respect to persons 1 judicially charged for rebellion or offenses inherent in.~J. the la ws enacted by the law· maKing body for the government of the armed forces. that is. Ubid.e. . 5. ( 2) In its strict sen:·w. and (b) Tht~ rulct< governing the conduct of military forces in times of war and in places under military occupation. ~(Sec~·i8.. The conditions for a valid suspension of the privilege of the writ of habeas corpus are also the requisites for the declaration of martial law by the President.) A person arrested or detained must be released if not judicially charge d within three (3J days. Basis.beas corpus i~.EXECUTIVE DEPARTMBNT 231 The public safety must requi re the suspension. fl9wev_e. the right to decl a re and carry on war. par. 2nd ed. (1) Basis. last par. par.. 1 The power is founded on necessity and is inherent in every government. And even when the privilege of the writ of ha. (Ibid.r.C. and duration of martial law. III. This particular topic has previously been discussed under the Bill of R. ) Power to declare martial law. suspended. VTL .. 24 1. l. ( see Art.oru.. th e right to bail is not impaired . Sec.s not automatically suspend the privilege of the writ. (Art.

:n . (see Art.ion. (3) The P resident m ust submit a re port in person or in writ ing to Congress within 48 hours from the proclamation or sul. They a rc: (-1 ) rc~quires There must be (actu al ) i nvasion or rebellion a nd pulllic sa fety the prodamation or s uspen::.:. The lessons learned by the people from 14 year~ of marti al rule m ainly account for their imposition. ITT.-u So. .Bei ng founded 011 neeessi ty. i.h~ procla mation or suspension :rnay be revoked by majority vote of all the m embers of Congress voting jointly (not separa tC'ly i which r evocation sh aU noi be set asid!! by the Presidl'nt {]6id. Oct. 1972. pars.pen sion (!bid. these extraordinary powers fall heavily on .tion from the ccmplcte exercise of such rights.o be determined by Congress i. ~U nless the right and power exi ~t.S. (3 ) Dur·ation. i.G Section 18 (par .l7 U.o declare martial la w and to !:. it is eS~t!ntially a police power·. on the Pre"ident\ power t.232 TEXTBOOK ON Tim l'HILll'PIIS'~: CONSTI1'VTIO~ Sec. The Constitution imposes reslridion::.) to guide Congress in decid ing the a ctjon il shou ld takt>. Restrictions on the exercise of the two powers. 7 The r estrictions are on the conditions. Peabody.. ' W86 UP L Constitution P roj t>Ct.he wri t.J. Dunc•u\ v:. e. J.S..-· The object of marti al law is the preserva tion of the public safety and good order. 9. . Se<..15. should cause the least curtailment th ereof.. a nd effects of the exercise of the powers. 78. he must ask for extension of the proclama tion or s uspen sion for a period t. 304 : Lawyer:. E:~W('Uti w' De paa·tmc nt. 2:. th e exercise of the power may not extend beyond what is required by thP. l R..uspend t he privilege oft. 212 U . Moreover.. Only when a bsolutely necessary should the Constitution provide for a der·ogo. 1 nnd 2. good order. Ki:ihnnamok u . pp.human rights. . re vocation or extension. when the domination of la wless elements becom es so powNful that it cannot be stopped b y the civil a u thor ities. (ibid.' Journal. i sets a t ime lim it for th e d uration of t he state of martial law and t he suspension of the: privilege of the writ of h abf•as corpus. l. duration.. security . (5) The S upreme Court may inq uire into t he suffi ciency of the factual basiR of the proclamation or suspenRion.. exigency whith it ca ll forth . the a ction~ of '' Th u. 24-:.1 uMoyer vs.e.tsclf(Sec. (2J Th e duration sh all not e xceed 60 d ays un less exte nd ed by Cong t·ess (which must convene within 24 hours fo!Jowiug tho p roclamation or suspension without need of a call ) upo11 the initiative ol the Pres ident. . p(~ace . 18 (2) Object.. (4) T.government itsel f . and whe n carried out. o!'/wb(~ns corpus.may be des troyed and obliter ated . par.

Sec.. lii. by absolute necessity in the interest of national security or public welfare.!!_Qf. (3) .. 3. The definition of the extent of the martial law powers is made by way of denials.not. .. he shall be released.o civil rights of the individuals are suspended.an.EXECUTIVE DEPARTMt::-\T 233 both the President and Congress lin case of extension) are made subject to judicial review. 18. and (6) The effects of a state of martial law are clearly spelled out.m. .i.. 4..t. to supplant: it-. pp.th. When martial law is declared. VII. 4.It does not suspend the operation of the Constitution. no extension of arbitrary authority is recognized....ssist. ( 2 :1 .~l.u.-. a.~_ili_tQ . .duiL fXlUI.EUJ1&t.It does not supplant the functioning of the civil courts or legislative assemblies.~tion of military coud.~.US .. 1591-1592. 18 ART. of. to assist him in the maintenance of law and order.asse..m.) The suspension shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.i. (4) . 5 and 6.) Effects of a state of martial law.Sec. 1 and 3.t._l£gi. stating what are not the effects of a state of martial law.d.ll. (Sec. civilian authority is at all times supreme over the military.r. Nor are civil laws suspended.C!fl!. for instance.I t does not authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.~. Whatever interference there may be with individual liberties or property rights must be justified. (Ibid.J. as in the case of police power (see Art._ It does not automatically suspend the privilege of the writ of habeas corpus.u!11i. 9.~ JJ.e C.?m. (Art.tiJJJ. pars.s. subject to the restrictions imposed. to define the extent of the martial law power.civil government. the . "fi.s and agenc"S· . 2nd ed.) Thus: (1 J 9P.fri_vi(W.tm. a person may not be arrested and detained indefinitely without court orders and civilians may not be tried by a military commission or court-martial for a crime relating to national security.. otherwise. par~. Under the Constitution.). Sec. ~o new powers are given to the President.sl.) The guarantees of the people found in the Bj]] of Rights continue to exist.d.. II.. civil authorities are not superseded by military authorities.tine_. The proclamation of martial law serves as a warning to the citizens that the military powers have been called upon by the President.) This provision could effectively negate the suspension when an actual emergency occurs.. The declaration does not mean that the military authorities will take the reign of government. (par. the writ of hab~a8_<. 8 M..J~wj~ decl!!r.ti. Any person thus arrested or detained shall be judicially charged within three (3) days.ipn !Jf. •sec 3 Willoughby.a. The privilege continues to be available to persons under detention until ~uspendt~d by the President..blie11. (par. Under martial law.

anyone from the law. It does not give the Pr esident the po\ver t.pon em <~ nt of t. 1. from the punishmen t the law inflicts for a crime h e has committed.. The l'rcsidt!nt acts gt!nerally. except ftom punishment. Sec. J'g.1 The pardoning power extends t o all offenst's. 5.nz utation is the reduction of the sentence imposed to a lesser punishment. see Ar t. Meaning of pardon. 1 The Constitution gives this power to th e P resident in th e above provision.identi which c xemp1 s the ind ividual on whom it is bes towed . pursuant to the r ecommendation of t he Board of P ardons an d Parole which i~. (see in fra. 433.. Except in cases of impeachment..2 (as to meaning of parole. Meaning of reprieve and suspension of sentence. This power ca nnot b e taken away from him nor can the exe rcise th ~ reof be su bject t o limitations or condit ions beyond those provided by the Constitution. 2 . 124. and 598.. and pardons. Decrees No. He shall also have the power to gra.. Hi s d iscretion is absolute. . par.eue is the pos t. The power to gr ant pardon and other a cts of clemency to violators of the law is traditionally vested in the Chief Executive of th~> n ation.) 1 See Pres. It is diffen mt from suspension of senten ce wh ich is t he postponement of a sentence for a n indefi. (see. Director of Pri~ons.) Neither m ay the courts inquire into the wi~ dom or reasonableness of a ny pard on g ranted by the Presi dent.Be. ~ ~doning power . IX. 95. Art. and r e mit fines and forfeitures. commutations. 19. . C-Sec. 19 SEC.pJ:J:. however . the President may grant r e · prieves.o exempt. Meaning of commutation.234 TEXTBOOK ON THE PHILIPPI~E CO:-. . or as otherwise provide d in this Constitution. QQJJ:J. :n P hil. VIII. 60.nite time... including criminal cont empt (disrespect to or disobedience to a court whi ch amounts to a crime).r d_q_n_ha s been defim: d a s an act of grace proceeding fr om the power ent rusted with the execution of the laws (Pre::.he execution of a death f\e ntence to a certai n date. :Hi4. • . 2 De Leon vs. lt may he granted without t h e acceptance a nd even against th e will of the convict. infra.nJ . as from death to life im prisonment ..STlTUTION 8 ec. after conviction by final judgment. ~IJ!!!~~~y with the concurrence of a majority of all the Members of the·Congress.. headed by the S ecretary of Justice a s its chairman.

~kt. parole. Effects of pardon. can take a broader look and con. stay of execution. They are the following: q1 It removes penalties and disabilities and restores h1m to his full civil and political rights. it has always been thought essential in popular (democratic) governments.i.).i mJJations uportth.J. see Art..omething ordered by a court to be done in !l civil action for the benefit of a party and is..ider facts and circumstanees beyond the ~.videntia1·y record. IX. .when it is given subject to any condition or qualification the President may see fit.S. (17 C.T'ldit~<l!1PI. or commutation of sentence.EXECCTIVE DEPARTMENT 235 Object of pardoning power. 5.. "Ex-parte Grossman..§...l:J.il. or suspension of sentence may be granted without the recommendation the Comm.J.Sec. the Supreme Cout·t must reiy on the evid~>nce as presented to and evaluated by the lower courts. Vll.S. •It is the failure to do ..min. which tends to bring the court into disrepute or disrespect.t@U?. therefore.. 7. Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of the criminal law.J:~.3 Kinds of pardon. the President..jons. 870.B) It may not be exercised over ciuil contempt 4 (as for refusing to answer a proper question when testifying as a witness in a case).. . ··. 2.. . XI._.i§. the power to ameliorate or avoid particular judgments. Sec.. They are the following: !(. They are: (1) . . an offe nse against thE! party in whose beht~lf the ot·der is made.. 1. 5. as well as in monarchies... . and (2). On the other hand. It must be accepted by the offender to become effective.!J.). l..-·--. no pardon.) . in the t>xercise of his constitutional prerogative to grant pardon.El. (Art. R~vised P enal Code .S. To afford a remedy . is any conduct directed against the dignity or authority of a court.t') It may not be exercised for offenses in impeachment cases (Art. It becomes effective when made.. e par:®nln~ow.i_Q!L9. 267 U. I)) It may be exercised only after conviction by fin&l judgment (par.. ·-· .) CJi.... of .n. on the other hand. C-Sec. -bbsgl..er. {17 C.when it is not subject to any condition whatsoever. .-. The administration of justice by the courts is not necessarily always wise or certainly considerate of circumstances which may properly miti· gate guilt. t. to vest.. and < ¥ ' In case of violation of/election law or rules and regulations.. ..aL~'J. 8.) . . 19 AHT. . In the review of decisions in criminal cases i"cluding those where the death penalty is imposed. in some authority other than the courts.

.L. 91 Phil. Effect of amnesty.. 642.TEXTBOOK ON THE PHILIPPINE CONSTITUTION . 1 L 'See Barrioquinto vs. supra. ~22 R.'!~!~' is an act of the sovereign power . 36. C . Garland. 563. 9 20 R. 19 r-2 ) It does not discharge the civil liability of the convict to the indi vidual he has wronged as the President has no power to pardon a private wrong. 5 20 R. 36. The President has the po. 4 Wall.C. 221:1. Amn esty abolishes a nd puts into oblivion the offense of which one is charged. ~ Remission of fines and forfeitures.) Meaning of amnesty. a pardon shall not work the restoration of the right to hold public offices or the right of suffrage unless such r ight b~ expressly restored by the terms of the pardon.. or paid into the treasury of the governm ~nt.L. 29[1J. or rights vested in others in ~onseque:nce of the conviction. 10 (sea effects as to pardon . GEx·partf'.·er to remit fines and forfeitures for all offenses after final conviction.granting oblivion o~ a gen ~ral pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character. 8 Remission prevents the collection of fin es or the confiscation of forfeitecfpro.L. .Sec. 6 Under our law. property. sedition. The distinctions are: (!) P ardon is granted by the Presi dent alone after conviction. 333. 82 Ph~!.C. Revised Penal Code. Th1s power may not be exercised by any officE:r other than the President.. ) Pardon and amnesty distinguished. VI.'' and (3) It does not restore offices. Sec.. 9 (Art. ). such as t:-eason. 531-532. 133. or r ebellion. as fund s cannot be paid out of the treasury without the authority of Congress.pcrty. Revised P enal Code. 'Art. But Congress may constitutionally authorize other officers such as heads of depart ments or bureau chiefs to remit administratiue . The power of the Pre sid~nt is limited to fines or forfeitures as have not been vested in third parties. Amparo. so that the person released by amnesty stands before the law precisely as though h ~ had committed no offense. with the concurrence of Congress (Sec.fines and for feitures. see Romero vs. while amnesty. Fernande:t. see ArU.before or after conviction. 53 1. AJ!!J!:. 19.

There is possibly no official better qualified to enter into such negotiation than the President. 'Del.e.e . When obtained by private persons. for crimes against the sovereignty of the State (i. and (4) Pardon is a private act of the President which must be pleaded and proved by the person who t. . The President may contract or guarantee foreign loans on be half of the Republic of the Philippines with the prior concurrence of the Monetary Board.l ng Pilipinas (BSP). (3) Pardon is granted fo r infractions of the ~ eace of the State. i. i. tions as may be provided by law. which is required to make a report to Congress contai ning the matters mentioned. political offenses). Vll.laims to have been pardoned. and I'Oubject to such limita." in C. Montejo. while amnesty is an act offorgetfulncss. as the custodian of the foreign reserves of the country. Sr.Sec. it has the expertise to determine the r eason ableness of the con' 1 l hid.e . "The C11biner GoV\)rnment.The authority of the Presi dent is not ab solut~. supm. because the courts take no judicial notice ti 1ereof. 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. while amnesty by proclamation of the President with the concurrence of Congress is a public act of which the courts will take judicial notice. Cuarderno. The Monetary Board shall. 151. while amnesty. 11 SEC. within thirty days from the end of every quarter of the calendar year. Authority to contract and guarantee foreign loans. he may guarantee such loans. it reli eves the offender from the consequences of the offense. Bangko Sentra. it pu ts into oblivion the offense of which one is charged so that the person r eleased by amnesty stands in the eyes of the la w as if he had never committed the offense. p. The contract or guarantee mu st he with the prior concurrence of the Monetary Board of the Central Bank now.. and containing other matters as may be provided by law. natural or juridical. (1 ) E xclusive executive function.EX E CCTTVE DEPARTMENT 237 (2) Pardon is an act offorgiveness. . 20 ART. He is the official best supplied with information as well as with executive and legislative assistance to determine the advisability of obtaining loans as well as the country's capacity for making good use of such credit... 20.. The prior concurrence of the Monetary Board is required because. .R. 1 (2) Concurrence of Monetary Board required. M. . -The President may contract foreign loans on behalf of the Republic of th e Philippines without t he need of prior congressional approval.

by. Distinguished from international agreement and executive agreement. -The reasons for not requiring congressional approval for foreign loans are: first . including international organizations of states.only o(. a pact. 21.~he_ _p_r!_qr_~()~~W:!~. Sec.law.) l:{~te ti:t_ at s~~~iO)) 20 . The phrase "or international agreement" has been inserted in order to preclude any ambiguity in view of the technical meaning that the word "treaty" has acquired in contemporary international law "as an interna2It has heen claim t'd that about 112 of the more than $26 billion debt t hen of the Philippine!" wa~ (.~QUhe. or. Sec.Mo.f~r~i_g~ _l'?a ns. Now. XII.) Furthermore.~.re. In the past.. intended to create binding r ights and obligations upon the parties thereto. However.quired. spe~~~ . an obstructionist Congress could withhold approval for political reasons. Art. the loans urgently needed by the country may no longer be available when concurrence which usually takes some time is finally obtained. The report will guide Congress in the enactment of whatever legislation it may deem necessary to protect the national interest.. . Sec. 20.P. 21 tract or guarantee and whether the proposed foreign loan is within the capacity of the country to pay..) and make the neces sary investigations in aid of legislation (see Art.I1c:.. 21.J !etan:.<. convention.~ft tt:' 9.2!!1_~st.. as a check on executive power. huge foreign loans were contracted or guaranteed by the government even against the advice of the Monetary Board with disastrous consequences to the economy. Sec.ct. It has the power to determine the organization and composition of the Monetary Board.~ may be defined as a compact made between two or more states. of all the Members of the Senate. 29f ll. a treaty may be bilateral or multilateral. A!!. Congress may. Many domestic private firms with borrowings from overseas sources heavily backed up by government guarantees defaulted on their obligations. and second. Thus. the President cannot borrow or g ua:·antce loans at will. VI ..O!"It ractcd through the initiutive of President Marcos. It is also known as. With re_§. an appropriations law is needed to pay out of the treasury a foreign loan. 20.238 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.er.~c -~<?~!l. Board is not n. Meaning of treaty. SEC. VI .cha. ) if it believes that the borrowing based Ofl the Monetary Board report is not justified. (see Ibid.~~. 2 (3) Checks by Congress.s­ ~¥ unless . . by law. place limitations on its exercise (Sec.e. No treaty or international a&P'eement shall be valid and effective unless concurred in by at lel:\~Uwo··thirds.. (see Art.. 21.

-.As a general rule. the President a lone has the sole authority. however. the phnu.~~ry PO~~:V~r 91 1h. This is only logical. ~ ~xecutive agreements .EXECUTIVE DEPARTMENT 239 t iona] agreement between states. p. Exccuti.:got iations. including receipts from existing and proposed revenue measures. 22.~9§. but may likewise imperil the successful accomplishment of the n<.~. Vll .-Philippine Military Bases Agreem ent.L~~!dJ. continuity. The President shall submit to the Congress within thirty days from the opening of every regular session.e th e power of the President to enter into them without Senate concurrence. 331. aM. Confidential information a r e passed and premature di sdosures may not only cause serious embarrassment. The reason is that secrecy.Sec. rJp. ~As . t h e amen dment ~ to th e 1.A.. no treaty or international agreement shall be valid and effective unless concurred in by at lea.st 2/3 of a ll the members of the Senate. serve a ul:leful purpose and our courts 'recogni7. Hence. and a ccess to information ·are essential ingredients in t h is task which the President alone possesses.ntrusted by t he Constitution with the task of-prepa r ing t he budget of receipts a nd expendit ures based on ex isti ng a nd proposed r evenue m easures and other sources of fi nan cing ie.In th e field of initiation and negotiation. •sec N. were f'ffected by mean s of a~ executive agreem ent . 34. p. the need to introduce the phrase as among those requiring the concurrence of th e Senate. p..g ." This definition excludes agreements entered into between states and international or ganizations. 459.mJ. 1 However. treaties and' international agreements being part of the law of th e land and they affe<"t our international relations. Gonzales. sec Anic!e VIII.he Philippines to be well within the prerogative of the President to make without need for legis lative concurrence. cit .P. loans) and of sub- '198o UPL Constituuun R~ vi ~i on J'rc]cct. dispatch. caution. namely: ( 1 ) N egotiation.~ The President is e. Section 4f2). In the Philippines.e does not cover executive agreements 2 which have been traditionally recognized in t. There are two general steps in the entire treaty-making process. 3 Steps in treaty-making.·t. SEC. ')1970 l:PLC Constitution Rt-vision Project. to the making of executive agreement.·1 and (2) Approval or ratification. .Depnrtment. a budget of expendi· tures and sources of financing. pei ng in the nature of a contract between the parties.947 U..S. 22 ART. as the basis of the general approp1·iations bill.

The President may appear before Congress at any other time he may choose after the opening of its regular session . Sec.'' "appropriatio ns bill. 1 (]bid. . They have no binding effect until enacted by the Congress. 23.) to give information on the "state of the nation" and to recommend to the consideration of the legislative body such measures as he may deem necessary and proper.·ill be the basis of the general appropriations act to be enacted by the CoP.) The constitutional mandate requiring Congress to consider first the budget reverses the practice of the old Congress which yearly took up the budget not at the beginning but at the end of the legislative year. He may also appear before it at any other time. VI. merely propoJ." etc . Sections 24 and 25. Such measures are. 25. SEC. 15. Sec.240 TEXTBOOK ON THE PHILIPPINE CONSTITUTION s~c.. The President shall address the Congress at the opening of its regular session. 23 mitting it to Congress within thirty (30) days from the opening of each regular session.) The budget t hus submitted sh .als. Prerogative to address and appear before Congress. 24. see Article Vl.gress for the followi ng year. The address may also contain guidelines of national policy. of course. Sees.. 15.. -oOo - 1As to mt!lming of"budge t. (see Art. VI. This provision furnishes an opportunity on the part of th~ Presiden t at the opening of the r egular session of Congress (see Art.


Article VIII


--\L- rot<vpr-{.. t

SECTION 1. The judicial power shall be V€'sted 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 conb·oversies involving rights whi<:h are legally demandable and enforceable, and to detet-min€' whethe1· or not there bas been a grave abuse of discretion amounting to lack or excess ofjurisdiction on the part of any branch or instrumentality of the Governm€'nt.
Meaning of judicial power.

Judicial ppUJ~r is the power to apply the laws to contests or disputes concerning legally recognized rights OJ' duties between the State and private persons, or between individual litigants in cases properly brought before the judicial tribunals. 1

(1) .d!_lju_(]_(c;at~lfY-Jl1.lli~I!.I- - It includes the duty of courts of justice:
(crl to settle actual controversies involving rights which are legally demandable and enforceable; and

to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction finfra.J on the part of any branch or instrumentality of the government. (Sec. L par. 2.'1


· --

To be legally demandable and enforceable in courlR, rights m11st he .d!:l.ri~ from law. (e.g .. right of wife to recei\'e support from her husband) or ,remgnized.A¥.-law (e.g., rjght of cr~ditor to collect indebtednt>!'is of debtor under a contract of loan). G.r.aU£..!lhJJ.J:;tLaf-..dis.CL~et.imJ, as used above, has ?een judiciall_y def\ned to ·~ean "w.u:lu;~p:r.jcious ~nd _a:rbitra_ry_:~~rc~seof .J.P.sigment a~ Js equivalent. m the. eyes cl tllil.law,.. to la{;k of Junsdktwn:' 2 \ha,t i§,J(I.ck vf autllllrity. t.o..act Qn..the matter in di.sput~.


See BhJck, Ciln.-1 it.ut i rm ~i I Law. 2nd ~o-d .. p. 8~. an1l Tgn<H:i(• \"<;. ~ & S. Inc .. 17 SCRA :~1 \In\ 19, 19(H) :241



Sec. 1

fow, not even the President or Congress can escape judicial scrutiny
when facing complaints of great indiscretion or abuse of authority (e.g., arrest and detention of persons without charges; declaration of martial law without suffici ent factual basis) by invoking the political nature of their acts or pronouncements. (infra.)
(2) PQWt?r...ofjudi(:f:g,Jr,ey f!!U!.: It also includes the power:

\,a) to pass upon the validity or constitutionality of the Ia ws of the State and the acts of the other departments of the government (see Sec.
4f2J. );
(.b) to interpret them; and
( ll) to render binding judgmcnts. 3 (3) lr.t:~.i.cJe!liG.:(.P_O..l:£.~~· - It likewise includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons ~djud ged in contempt. (see note 1 under Art. VI, Sec. 22, supra. )

Giving of advisory opinions not a judicial function.
(1) A./J.mc.ti..o.l:l... Q[.e~ecutiv~.Q{fic.iaU..- The judiciary is entrusted by the Constitution with the function of deciding actual cases and controversies. It cannot be required by law to exercise any power or to perform any duty not pertaining t.o, or connected with, the administration of judicial functions.4 It is not its function to give advisory opinions. (see Sec. 12.) It is a function of executive officials.

(2) J! _o~:trinf! of:separq~fon._.!_JfP.2.W.er~: -This doctrine callR for the oth'}r departments being left alone to discharge their duties as they see fit. The President and Congress are not bound to seck the advice of the J udiciary a s to what to do or not to do. It is ~ prerequi site that something had been accomplished or performed by either of them before a court may enter into the picture. At such time, it may par.s on the validity of what was done but only when propedy challenged in an appropriate legal proceedi ng:~

(3) Pe[Ld_(}!lf;:Y_o[ma[J-~. ac~y.~!._c.c:.ses. - Furt hermore, with so many cases pending in courts wherein there is an actual and antagonistic assertion between the parties, it would not serve public interest at all if on hypothetical questions or m atters their time and atte ntion would still have to be devoted. 6

3 Black,

supra., op. cit., p. 82. •Noblejas vs. Teehankee, L-28790, April 29, 1968. 6'fan vs. Macapagal, L-34161, Feb. 29, 1972; Plana.!; v:;. Gil, fi7 Phil. 62. 6 Serrano vs. Amorcs, L-34370, ,Jan. 17, 1975.

Sec. 1



Judicial power vested in one Supreme Court and in iower courts.

Judicial power, under the Constitution , is "vested in one Supreme Court and in s uch lower courts as may be established by law." (Sec. 1.) The judiciary composed ofthe courts is one ofthe three main divisjons of power in our government. As the highest court of the land, the decisions of the Supreme Court are binding on all lower tribunals.
(1) Classification of court8. - Under the provisirm, only the Supreme Court is a .fQnsJ.itJ.i.ti.OB.al ..s:.WJr:J. in the sense of being a creation of the Constitution. All other cour ts, including the Sandiganbayan (see Art. XI. Sec. 4. ), ar~a.~rJ.Jory c.ourt.s,).n the sense that they are creations of law. They are referred to as lower courts in the Constitution, meaning courts below that of the Supreme Court.
(2) Creation and abolition of courts by Congress. - In the exercise of its legislative power ,J(:ongress may 3bolish any or all lower courts and replace them with other courts subject to t he limitation that the reorganization shall not undermine security of tenure. (Sec. 2, par. 2. ) It cannot, however, abolish the Supreme Court; neither can i.t create an additional Supreme Court because the Constitution provides for only "on~....S.\!J).r.eme CQ!,.U:t.~. Neither can it abolish the Sandiganbayan because its existence is constitutionally recognized although Congress, in th e exerc;se of its legislative power, may determine its functions and jurisdiction. (see Art. XI, Sec. 4. )

Organization of courts.

( O...Bcgylq'.:_ _ £9..Y::~_s . Th e Philippine judicial system consists of a hierarchy of courts r esembling a pyramid with the Supreme Court at the apex. Under t he Judiciary Reorganization Act of 1980 (as amended), t he other courts are:

(a) A Court of Appeals with 69 'Justices headed by a Presiding Justice which operates in23' divisions each comprising three (3) members. The Court sits en b~nc only to exercise administrative, .ceremonial, or other non-adjudicatory functions; (b) A Regionai 'rrial Court presided bx_ 720 Regional Trial Judges in each of the thirteen (13") regions of the country; and (c) A Metropolitan Trial Court in each Metropolitan area established by law; a Municipal Trial Court in every city not forming part of a metropolitan area and in each of the municipalities not comprised within a metropolitan area and a municipal circuit; and a Municipal Circuit 'l'ri.al Cout·t in each area defined as a municipal circuit comprising one or more cities and/or one or more municipalities grouped together accvrding to law.



Sec. 1

A court may consist of several branches. (2) Bpe.cia.l cour.ts.; -- Aside from the regular courts, there are under present laws special courts: (a) The 8andil{_a1Jllqyan £:with 14 justices a nd a. Presiding Justice) which operates in five (5) divisions each comprising three {3) members, was created by Presidential Decree No. 1606 pursuant to the mandate of the 1973 Con stituti on .~ IL"shall continue to function a nd exercise its j urisdiction" a!) provided in sai d decree or as may be provided by a suhsequent law. (see Art. XI. Sec. 5. l
fb l T~e Cnu rt n{ Tq:r Appeo.(.s. (with five justices and a Presiding justice) was. created under Republic Act No. 1125, as am~ded by R.A. No. 9282, which has exclusive appellate jurisdiction to review on appeal, among others, decisions of the CommisRione r of Internal Revenue involving internal revenue taxes and deciBions of t he Commissioner of Customs involving customs duties.
Quasi-judicial agencies .
judi c ial~

Administrative bodies under the executive branch per forming quasifunctions, like the National Labor Relat-ions Comm ission, th e Employees' Compensation Commission, the Securities and Exchange CommiRsion, the Insurance Commission, etc., and the independent Constitutional Commission!5 do not form part of the integrated judicial system.

The same thing may be said of courts-martial. They are agencies of executive character. The a uthori ty for the ordering of courts-martial pertains to the President as Commander -in-Chief of the Armed Forces of the Philippines independently of legislation to aid him in properly commanding the Armed Forces a nd e nforcing discipline. 10
Importance of the judiciary.

The courts perform a crucial function in society.
( ll (.'o_n[icJen£.~•. ifl_fhe..fJi..r:.t.rJj!J.. an.cJ_€J!e'l. admi_ rJ:i$t,T:gtjp_r;_g[ justic;_(}. the language of Lord Bryce:


"Nothing more clearly touches the welfare a nd security of the av er~ age citizen than his sense that he can rely on the certain and prompt admin istration of justice. Law is respected and supported when it is trusted as the ::;hield of innocence and the in;tpartial guardian of every
"Code of Muslim courts of limited juri>'<didion known a:': 8hari'a District Co urts presided by District .fudges enjoying tlH! same privileges a;; ,Judges of Regional T:-ial Courts and Shnri'a Circuit Courts presided by Circuit Judges enjoying the ~arne privilege!\ as ,Judges of Municipal Cin:uit Courts with jurisdiction over all cases arising unde r t he Code. (see Sees. ~:n - 159 the reof.) RSee Article XIII . Sect.ion 5 th<l renf. ~" is ..a.La.tin ..t. c rm..wtikh means.~in_<:JUI..a.i.Ju~ ... 10 Ruffy vs. Chief of Staff. 43 O.G. 855.
=Pr~sident.ial Decree No. 108:3 I.J<'t>b. 4, 19?7}, otherwise known as the Per~onal Law>< of tht> Philippine~." created os part of th e judicial system,





private civil right. x x x But if the law be dishonestly administered, the salt has lost its savour; if it be weakly or unfaithfully enforced, the guarantees of order fail , for it is more by the certainty than by the severity of punishment that offenses are repressed . If the lamp of justice goes out in darkness, how great is that darkne8s. " 11 ( 2) .£.r.~S.e.r.:v..ntiQ!1Jt.[Jhe governmkt. --- According to Chancellor James Kent: "Where there is no judicial department to int.crprP.t and execut.e the law, to decide controversies, a nd to enforce right!'!, th e government must either perish by its own imbec.:ility or the other departments of government must usurp powers for the purpose of commanding obedience, to the destruction of liberty." 12 (3) B.e.spet;t.fo_r_:_.lg_w _g_'1¢ _f!rs!.f.~· - - In the words of Mr. Justice Arthur Vande1·bilt: "It is in the courts and not in the legi slature that our citizens primarily feel the keen cutting edge of the law. If they have respect for the work of t he courts, thei r respect fo r law will survive t he shortcomings of a ny other bran ch of the government; bul if they lose their respect for the wor k of the courts, their respect for law and order will banish with it to the great detriment of society." 13
Independence of the judiciary.
(1) .. \lain constitutional provisionr; safeguarding judicial independence. - In a democracy, the courts enjoy independence, that is, they are free to perform their functions without interference from the executive or legislative bra nch of the government. 14 For a government of law and not of men ca n be assured only by a judiciary that is independent and free , passionately devoted to the impar tial admir.istration of justice. This being true, the Constitution secures, in a number of ways, the independence of the judiciary, to wit:
(~ Congress may not deprive the Supreme Cour t of the constitutional powers granted to it (Sees. 2, 5.);

(b) Congress cannot prescribe the manner in which the Supreme Court should sit, and determine the number of Ju~tices composing the court (Sec. 4[11.); (c) The Supreme Court is given the authority to appoint all officials and empl oyees of t he judiciary {Sec. 5[61.);
Democracies, Vol. 2, p. 384. in G ..l". Zaide . .~upra , p. 142. 1 3Th~ Challenge of Law Reform, pp. 4-5 lpamphlei}. 14 True judicial independence implies indepcndt>m:t> not only from the other branches of the government but also from any other ins titution, organization, or person. It is also essentia l that cou rts are not infl uenced by the vagaries of public opinion or sentiment nor !!WIIyed by any pressure from interelit groups.



Sec. 2

(A) The members of the Supreme Court and judges of lower courts enjoy security of tenure (Sec. 11. );
(e) Their salaries cannot be decreased du1·ing their continuance in office (Sec. 10.); (() The members of the Supreme Court can only be removed through the difficult process of impeachment (Art. XI, Sec. 2.); and
(g) The judiciary enjoys fiscal autonomy. (Sec. 3.)
(2) Other constitutional provisions. - The constitutional policy of an independent judiciary is further strengthened by the provisions transferring (from the Department of Justice I to the Supreme Court the adminis· trative supervision over all courts and the personnel then~of (Sec. 6.) and the authority to assign temporarily judges of lower courts to other stations as the public interest may require (Sec. 5l3J.), and the provision giving specific authorization to the Supreme Court to order a change of venue or place of trial to avoid a miscarriage of justice. I. Sec. 5l4J.) The prohibition against members of Congress personally appearing as counsel before any court (Art. VI, Sec. 14.), while designed to shield them from corruption, works equally to promote the independence of the courts.

In the final analysis, every judge sets the threshold of his own independence. No constitution can do that for him if he does not possess the strength of character expected of those appointed to the bench. (see Sec. 7 .)
(3) Criticism of courts. -The courts are not !:leyond criticism because of the constitutional guarantee of freedom of expression. (Art. III, Sec. 4.) But criticism should be fair and constructive and based on facts. Irresponsible criticism also tends to erode the faith of the people in the administration of justice. Respect of the people for the courts is the only sure guarantee for their stability and permanence. 1"

SEC. 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over. cases enumerated in Section 5 hereof. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.
Power to apportion jurisdiction of various courts · vested in Congress. The power to define, presc1·jbe, and apportion the jurisdiction of the various courts is vested by the Constitution in Congress. However, there are three (3) limitations to the exercise of this power. namely:


Andres vs. Cabrera, 94 SCRA 512, Dec. 14, 19i9.





(1 ) The Congress cannot diminish or otherwise impair the original and appellate jurisdiction of the Supreme Court over cases enumerated in Section 5 (infra.);

(2) No law shall be passed r eorganizing the judiciary when it undermines security of tenure guaranteed in Section 11; and (3) ·No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence. (Art. VI, Sec. 30.)

Jurisdiction of courts.

Jurisdi(:tio!J. is the power and authority of a court to hear , try, and decide a case. It may be:
(1) ..Ge. acraJ. --when it is empowered to decide all disputes which may come before it except those assigned to other courts (e.g., jurisdiction of the Regional Trial Courts);
(2)_I ,Arn:itecj_, - when it has authority to hear and determine only a few specified cases (e.g., jurisdiction of special courts, supra.);
(3), Orig~TJ:.g,.l. time;

wh en it can try and decide a case presented for t he first

(4 ) gpp~t.lr£tg_.- when it can take a case already h eard and decided by a lower court removed from the latter by appeal;

(5) .E.~r;.Zu..ff.i_l!e. - when it can try and decide a case which cannot be presented before any othe1· court;
(6) Concurrent. cognizance-or-a case;

when any one of two or mol'e co urts may take

(7) CLimi.rt.fl<l. - that which exist s fo r the punishment of crime; and (8) (;j~~- that which exists when the s ubject matter is not .of a criminaT nature (e.g., collection of debt).

SEC. 3. The Judiciary shall enjoy fiscal autonomy. Appro· priations 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.
Fiscal autonomy.

Section 3 seeks t o further insure the independence of the j udi ciary. 'l'he appropriations for the judiciary may not be reduced as provided above but they may be increased. The Constitution takes into account the fact that the administration of justice, in the past, has always been at the bottom list of priorities in government budgetary appropriations. The prohibition again st reduction by Congress of the appropriations for the judiciary below the amounts appropriated for the previous year assures, at least, that the minimal funding requirements of the judiciary will be met.




After approval, the appropriations shall be automatically and regularly released, thus making it financially independent, without having to plead to the President or budget officials for their release.

SEC. 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en bane 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, or law, which shall be heard by the Supreme Court en bane, and all other cases which under the Rules of Court are t•equired to be heard en bane, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, in· structions, 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.

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 th.t:e.e~~b_M~JP.!mn. When the required number is not obtained, the case shall be decided en bane: Provided, That..no .sl2~tti._ne or principl~_<?.t:.~~~_)~i-~-~~~!1-_hY.t.h.e. ~~!1-~.t~-~-d~!§i«m l~,ll~e.~_ed ~n bane .4?.1:" i!l, __(iiyi.~ie>R.m~y_Q~__m.Q~ifl~d.orHre.versed ~~E:Pt by th.e. co\lT.t.mting.m ban.c-1

Composition of the Supreme Court.

The new Constitution retained the membership of the Supreme Court of fifteenJ15) me~.Qers including the _Chief Justice under the 1973 Charter (Sec. 4[1].) to cope with the continuing increase in the number of cases brought about by a growing population. The Constitution requires any vacancy to be filled within ninety (90) days from the occurrence thereof. In the past, vacancies in the Supreme Court sometimes remain unfilled for a 1ong time. Even when the membership of the Court was fixed at fifteen ( 15), it was seldom constituted.
Sitting procedure.

The Supreme Court may sit and hear casesilll.b..f£nc (i.e., as one body) or in divisions of three <:U, five (5), or seven (Jj membe?s:'{Sec. 4r1D)t is now the Supreme Court that decides whether or not it will sit in divisions.

Sec. 4



On t he basis of fifteen (15 ) members, the number of divisions will be five (5), composed ofthree f3 ) members each; three (3), composed of five (5) m embers each; or two (2), meeting separately. In case of two (2) division8, there wilJ be eight (8) members including the Chief Justice in one division, and seven (7) in the other. The different sizes of the divisions would indicate the relative importance of the case being heard. By sitting in divisions , the Supreme Court increases its capacity to dispose of cases pending before it. The decision of a divi sion is the decision of the Supreme Court itself. Although a doct rine or principle of law render ed en bane or in division may be modified or reversed only by the court sitting en bane (Sec. 4(3).), there is always the possibility that each of the three (3) divisions may render inconsistent decisions.
Cases to be heard or decided en bane and vote required.

They are:

(j) All cases involving the constitutionality of a treaty, international or executive agreement, or law (statute) shall always be heard and decided by t h e Supreme Court en bane. To declare a treaty, international or executive agreement, or law, unconstitutional, the ~o_nctJ..r.r.!:!n~(L.Qf..i! maiori.ty Qf th.e. .Jrle.IJl.b.~§- who actually _took pa.r J....i.nJh.~u;leliberatio.n~Q. th.eJ.s~_j.n.Jhe. .case .and..Jlaie.d..the.re.on is. requiri.d. (Sec. 4[2].) When the necessary majority cannot be had, its constitutionality shall be deemed upheld.
The quorum of toe Supreme Court when sitting en bane is eight (f?J. H ence, the votes of five C9J are sufficient for rendering a decision on ~li cases required to be heard en bane provided they actually took part in the deliberations on the issues in th e case; (2) All other cases including those involving the co~titutionality, applicat ion or operation of president ial decrees, proclamation s, orders, instructions, ordinances and other regulations which under the rules of court are r equired to be heard en bane shall be decided with the concurrence also of the ?umber provided above (Ibid.);

(8") In administrative cases where the decision is for the dismissal of a judge of a lower court, the same majority vote is necessary to order such dismi ~sa l (see Sec. 11, infra.);
(4) Cases heard by a aivision shall be decided or resolved with the concurrence likewise of t he same majority of the m ember s who are at least three (3) in number but if such required number is not obtai ned, the case shall be decided en bane (Sec. 4[3).); and
(_5) Cases modifying or r eversing a doctrine or principle ..of layv laid down by the Court in a decision rendered en bane or in division shall be decided by the Court sitting en bane. (!bid.)



Sec. 4

Meaning of executive agreement.

An .e.~gcutjve agreem.~ is an agreement entered into by the President on behalf of the Philippines with the government of another country and is effective and binding upon the Philippines even without the concurrence of Congress. 1 The line between such agreement and a treaty (see Art. VII, Sec. 21, supra.) is not easily defined although it may be generally said that the former deals usually with routine matters not thought to require the formality of a treaty. 2 From the point of view of internationallaw,3 there is no difference between treaties and executive agreements in their binding effect upon the states concerned.
Classes of executive agreements.

Executive agreements may be classified into two groups, namely: ( 1) Those ma.ckp,ure.l~ as...exec_utive acts affecting external relations and independent of legislative authorization. 'fhey are used in the settlement of pecuniary claims of citizens against foreign countries for violation of rights protected by treaties or by rules of international law; and (2) 'I.hQ§...e_ ~.!':terl!.cl. _i'.tto_j_n_pJ.~rsuqnc~_!2LQcts 9LJ;ongres§_. They affect internal affairs and domestic rightg_ They include tariff and postal arrangements, visa fees, commercial relations, and matters affecting trademarks and copyrights, and the like. An example is the executive agreement entere::l into between the President of the Philippines and the President of the U-nited States on July 4, 1941, known as the Bell Trade Agreement which was entered pursuant to a congressional acL 4
Meaning of power of !udicial review.

The power of.iJJ£l.k-_iq,lJ.'(!.Ei.f.?:Y is the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because i'i: is in conflict with the fundamental law. This authority is derived by clear implication from the provisions of Sel~­ tions 4(2, 3) and 5(2, a, b), Article VIII of the Constitution. Through such power, the judiciary, the Supreme Court partiCularly, enforces a~d upholds the rule of law and supremacy of the Constitution. It is because the courts are the official (but not necessarily the only) interpreters of th~· Constitution that a study of 0ur Constitution is, in large measure, a study of judicial decisions and opinions on the meaning and application of its provisions.

'This is debatable. (see Article VII, Sec. 2l.J The 1947 R.P.-U.S. Military Bases Agreement was merely an executive agreement. (see A1·t. XVIII, Sec. 25.} "As to meaning of international agreement, ~ee Article VII, Section 21. •See V.G. Sinco, op. cit., p. 296. The act i.;; Commonwealth Act No. 733.

Sec. 4



The power of judicial review now includes "the duty 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." (Sec. 1, par. 2.) This is true although the question before the court may be political in character, which ordinarily cannot be inquired into by the courts. (infra.)
Limitations on exercise of power of judicial review.

Iu. ..~§.~s involviqgJb.~..~on~Jj~_l!tiopalitY..Qf.~'f_!:l_a_ty..~ _]avv_,_p_l~~~ig_~~~i<:l!. .P.ecr~_e, .~.tc.J .th~_U!l}!~~lions ar~~
0) There must be a concurrence of at least a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon (Sec 4[2, 3].);
·. A law, @must be sustained unless clearly repugnant to the Constitution in view of the presumption of validity. Jn other words, when there are two possible interpretations, by one of which a statute would be unconstitutional, and by the other would be valid, the court should adopt the latter;5 (;}''(The question of.wisdom, propriety, or necessity of a law, etc., is not open to determination by the court;6 and
(4) Political questions are generally addressed to the political (i.e., elective) branches (namely, the President and Congress) of the government and are, therefore, notjusticiable. 7


.._- .. -

. :_

Justiciable question distinguishe41 from political question.

A justiciable questio'f] is one which affects personal or property rights accorded to every member of the community in cases properly brought before the judical tribunals. It is one which is proper to be examined or decided in courts of justice because its determination would not invol\'e an encroachment upon the legislative or executive power. Thus, issues concerning the claim of a person against another. the guilt or liability of one accused of violation of law, the powers of a government agency or office, the right of a citizen in relation to the government, and generally those involving the interpretation oflaws, treaties, or the Constitution, are essentially within the competence of courts to pass upon.

:.chippewa Indiana vs. U.S., 301 U.S. 358. 6 See U.S. vs. Ten Yu, 24 Phil. 40. 7 -The C....Q.~~i.~~-~!•m,however, CX_£!'_~~~lY. confers upon tl}e_?~reme Cou.rt the eower to dechu:e.a....u·~Jl,Il£onstjtutional dcspite..the..eminently pplitical char~:ot.i-.r.~~ti:;rii~-ki~i (Sec. 4(2].) and..to. determine_w,b.e~or..not.ther.e.has been a graye abuse ofdis~:retiQO Qn th.e. p<.~rtQf.1hc..P.n.ai.~r...kQngr~ (Sec. I, par. 2.1

March :31 . or determine what constitutes disorderly behavior by a membcr9 (Art. m· violation of constitu tional limitations on power. The matter of whe ther 0r not the holding of a referendum is unnecessary has been held to be a political question. . (see Sec. 16[ l l l because the Constitution has conferred jurisdiction upon the matter to Congress itself. final judgme n ts and orders of lower courts in: (a) All cases in which the constitutionality or validity of any treaty.. 9. COMELEC. mll. 103 Phil. The Supreme Court shall h ave the following powers: (1 ) Exe rcise origina l jurisdiction over cases affecting ambassadors. 105 1. and over petitions for certiorari. proclamation. not the validity or legality. CONSTITUTION Sec.Ja vell11na vs. or affirm on appeal or certiorari as the law or the Rules of Court may provide.i. 'of a pai. (2) Review. For example. or regulation is in q uestion. l973.." The term connotes a question of policy in matters concerning the government of the State as a body politic.) SEC.252 TEXTBOOK ON TH E PHIL£PPINF. on the other hand. 5 A P. revise. L-17144. inte rnational or e xecutive agreement. 1 '' Avelino vs. &fanada vs.."be d. 2fl. r ever se. VI. instruction. J7. 83 Phil. other public ministers and consul~. 2. 16131.) or pass upon th e question a s to who h as been elected Senate President or Speaker of t h e H ouse of Representat. 5.ndamus. Sec. par.'ticular measure or a contested act. law. "De La Llan1:1 vs. presidential decree. et al.Olitical question. or toll. is one which. quo warranto. Dec.-<'fs. (b) All ca~es involving the legality of a n y tax. 1977 . Oct.ives 10 {Sec. (c) All cases in which the jurisdiction of any lower court is in issue. impost. '>St>e Osmeria vs. and habeas corpus. It is concerned with issues dependent upon the wisdom. 8 .. Cuenco. involving as it does the wisdom of the decision of the political branch of the government to cal l for a referendum.U But if t h e cont roversy involves the issu e of whether or not th ere has been a grave abuse of di~cretion a mounting to lack or excess of jurisdiction on the part of a ny branch or instrumentality of the government. assessment. prohibition. P end atun . orde r. Cuenco. or in regard to which full discreti onary authori ty h as been delegated to the legislative or executive branch of the government. the :Supreme Court cannot inquire into the reason for the expulsion uf a member of Congress. L36142. under the Constituti on. the same may be heard by the courts. Executive Secretary. ordinance. sec . modify. or any p enalty imposed in r elat ion thereto. 1962.cid~d by th e people in their sovereign capacity. L-47:245. 1.

V1/l.K~~ anrl. A ~9 . 429.S . Suc h temporary assign· ment shall n ot exceed six m onths without t h e consent of the judge concer ned . (3) Assign temporarily judges of lower courts to other s t a· tions as public interest may require.i ng 70 Op.. h o wey_~E.2 As a rule.1i naJ. pradice. Original jurisdiction of Supreme Court over cases affecting ambassadors._c. - JUl>lCIAL DF. d t. or modify substantive r ights. See Schnekenhergcr vs.slor ~ r .. fi ART. Gen. Cot\!\t.. Ja..J2J.c. ) with th at of Regional 1'ria l Courts whose decis ions m ~y be appeale d to the Supreme Court.H~. The words "ambassadors.rosecuti on. Pa rt 2. o~. and legal assistance to the u nderprivileged.:r:. pleading.sul.1\. Moran.i n . minj.. i.h ey are accredited.~?.§!Y. t herefore. etc. (6) Appoint all officials and employees of the Judiciary in accordance with the Civ il Ser vice Law.o.n.. the Integrated Ba r . (e) All cases in which only an error or question of law is involved.i. U. 2 U.C. The origi na l jurisdiction conferred is concurrent (sup ra.~.PARTMENT 253 (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. h~_j_s .A .\..!:. ~. Such rules sh all provide a simplified and inexp e n sive procedure for the s p eedy dis posit ion of cases.U h~~J.~. ~~-~i~k~ .0~ ~:t~_priy. ambassador§and othe[.~~EJ. 235. (4) Orde r a change of ve nue or place of tria l to avoid a mis carriage of justice.Qf an ambass. p..St~c.!blic mini st~rs a re exempt from the jurisdiction of tribunals of the country to which t. shall be uniform for all courts of the same grad e.S..n. Atty. 1 .~..e. to those of a foreign country.Lis . 3 lbid. .l? tfr~!!l. increase. 62 Phil. the admission to the practice of law.P. . a. and procedure in all courts. §..l. (5} Promulgate rules concerning the protection and enforcement of constitutional rights.J~:->. Rules of procedure of s pecial courts a nd quasi·judicia l bodies shall r emain effective unless disapproved by the Supre m e Court.c. T his is based on the principle of i nternationallaw that they a re con~idered extens ions of the sovereignty of the states which thty r epresent . -~h.b j~~ t ~9 . other public ministe rs a nd consuls" include all possible diplomatic agents which a ny foreign power may accr edit to a nother state.ste. and not thos e of the Philippines. Q<J.1 They refer. 3 P. and s h a ll not diminish.o.n.!. 20U.~ . o~ tl:t~ co~ n~ ry _~o whi~h.1J.r .U~~.~cr~_d!ted..Qlhl.!!!.

~iQr. (4 ) Q. The Supreme Court exercises original jurisdiction over petitions for the issuance of writs of certiorari.. board or person acting without or in excess of its or his jurisdiction.. and habeas corpus.9 In addition.I t is a writ by which a superior court commands a lower court or a corporation. but only the provisions of the former which are inconsistent wi th those of t he latter are ~Ibid. This law has been superseded hy Batas P~:~mbansa Blg. has acted without or in excess of its or his jurisdiction.A.254 TEXTBOOK ON THE PHrLIPPJNE CONSTITUTION Sec. quo warranto. 7 See Ib id. 3.J£. Sec... and appeal or any other remedy is not available to the aggrieved party. Again. It will lie when such tribunal. (Art. -(as a special civil action.p~ti_on. . etc.HQ.TJJ-U§: .IJdft. not as a means of elevating an appeal.7J:!£1. 2. 7 Prohibition is a negative remedy prohibiting the doing of a certain act. Sec. 1. ASee Ibid.. Sec.i.6 (2) Pro. 17. Ru le 66. Rule 65. or officer exercising judicial functions to transmit the records of a case to the superior court for purposes of review. 8 Mandamus is an affirmative remedy ordering a certain act to be done. 5 Origir1al jurisdiction of Supreme Court over petitions for certiorari.~ (1) Cer. . Court of Appeals. prohibition. 9 See Ibid. etc. the Supreme Court exercises original and exclusive jurisdiction over all contests relating to the election. board.It is an action by the goverpment to recover an office or franchise from an individual or corporation usurping or unlawfully holding it . VII . Sec. (3) M.. No. as amended.arJ. It will lie only when no appeal or any other remedy is available to the aggrieved party. 1.h. 4.It is an order issued by a superior court commanding a lower court or a corporation... 129.) 'R. "See Rules of Court. manda mus. or person t o perfonn a certain act which it is its or his duty to do. . returns. Sec. or with grave abuse of discretion. Sec. and mandamus against the Court of Appe al s. 296 (.) over petitions for the issuance of writ of certiorari. 4 It has original and exclusive jurisdiction (supra. or Regional Trial Court) requiring a lower court or a board.) It is a writ issued from a superior court (Supreme Court. and qualifications of the President and Vice-President. to desist from further proceedings in an action or matter. or with grave abuse of discretion.arrq. de~me d repealed or modified. this writ will lie only when no other remedy in the ordinary course of law is available.Judiciary Act of 19'48).. infra. last par. prohibition.q.

30. Assignment of judges of tower courts to other stations. (2) By certiorari (as a means of elevating an appeal). Macalino...rf!_lQ <.IJ.~~~-_o.e. 1978. it may be provided that the remedy shall be by certiorari only. 5 ART.a. Section 5(3) modifies the rule established under the 1935 Constitution13 which empowered the executive department to designate or transfer to another district a judge appointed for a particular district. _of_!a_w is that which involves no examination of the probative value of the evidence presented by the parties or any of them in the lower court (e. cit .J2elt~-~~jurisdt~!_i_o.f gr. Ail. Sept.eat Pt1blic.n_ ·(supra. 11 fin{ra.. A que~l.c. Sinco. but with the approval of the Supreme Cour~.~~L ~.J of a lower court as in special proceedings (e. 10 They are enumerated in Section 5(2). 10 11 . p. p.g. It is also consistent with the transfer of the adminiotrative supervision of the judicial machinery to the Supreme Court. Section 7 thereof.g.~ __ex~l-~_~iY-~. (Sec. lbid..uestion offac. Th.~!§. Under the provision. 13 Article VHI.QLO[ §.Jt:DICIAL ImPARTMENT 2o5 Exclusive appellate jurisdiction of the Supreme Court. L-24874.. appeal from an order or decision of the Court of Appeals). adoption and custody of minors). done through appeal or certiorari-. So. 6. The only power which Congress may exercise with respect to this jurisdiction as thus provided is to determine whether the elevation of cases from the lower courts should be.s of l~w decided or committed by a lower court (e. temporary assignments of judges of lower courts may be made only by the Supreme Court.) Qf__th~ Supr~:m.~Q.et:i_9_us moment to in..t (e..G..a matter of procedure which may also be determined by the Rules of Court itself..J The requirement that the temporary assignment of a judge to another station for a p!:!riod longer than six (6J months must be with his See V.Sec. This additional comtitutional power further enhances the independence of the judiciary by eliminating possible political influence in such assignments._d_br_i<J. !nJ~_r.. the appellate court 1:eviews_ all the_fl!ldings oUJl~nd of fu. 316. constitutionality of a law). whether or not a particular event has taken place) cannot be reviewed by the Supreme Court on certiorari on the theory that the lower court which "heard the case...~ _Q<?U_~t­ r_ef.) (l}Jiy_~l. :]07.."12 i!:l in a better position to pass upon the question.g.-~p.g. the appellate or superior court can review only questi~~~2r errqr. op. VIIl. observed the demeanor of the witnesses or otherwise acquired acquaintance with the issues and incidents thereof. 12 Macandile vs. infraJ (l.

.. it appearing that they had reasons to fear that attempts would be made to silence them.~m . 1 1 ~B. the present Constitution expressly invests the Supr.U~ . 1975. 1970.. 11. practice.. Menabad. by_th~ -~~t~Q§i. Insurance Commission. Nov.fl. Rules of procedure of special courts (i..r. 129. Court !)f Tax Appeals) and quasi-judicial bodies (e.~_pcrm.ted wrtl!_!!t~ c~:!!~.f_t~ ~ i~~~-~()~..ment . Sandiganbayan.:~~4--~119: ..by.14 C_l!f!!).P. were reluctant to testify. and legal assistance to the underprivileged. the admission to the practice oflaw. the integrated bar. see also People vs.t.g.. 6.Lthe. to relieve the clogged dockets of a court which is vacant) while at the same time protecting the right of a judge to permanency at a station. 5[4]. .!~. et al.~-(lt ?. · (~) I. pleading. (Sec.QJllY be. Nov..25(i TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.Q~ of v~n'!~ Qt. He may be assigned to any regionaf branch of the court in the city or municipality within the same region without the need of his consent because the whole region is his station. Securities Big. The rules promulgated are called the "Rules of Court. A regional trial court judge is appointed by region. . and there was no guarantee that such a possibility would not take place. The Supreme Court is vested by the Constitution with full legislative authority to promulgate rules concerning the protection and enforcement of constitutional rights. L-35377-78..e nJ 9.the_.e. jL~.PI@c:e 9t t_r~!~ The Supreme Court can order a change of venue or place of trial whenever the imperative of securing a fair and impartial trial or of preventing a miscarriage of justice so demands.Ere. (Sec.tr~:usfe. 1975.g." Such rules have the force and effect of law. L-41313. l r 32282-83. ~People . July 31. 15 Rather than make the Supreme Court rely upon the general grant of judicial power . Section 17. <Lf.<:~1.) The reason is that a judge enjoys security of tenure (Sec. Mondiguing.~. a member of a family known to be very powerful and influenti al in the place of trial. vs.) and such transfer is tantamount to removal from one office (former station) and an appointment to a new office.n~W-fl.ru>iill.P. Pelotin. ) This had been done before in one case under the 1935 Constitution by the Suprem e Court where the complainants who were also the prosecution witnesses in several criminal cases against the accused.em e Court with the specific prerogative to transfer the place of hearing in the interest of truth and justice. 5[3]..sid&ru. popularly k nown as the ~nantay Case".@. 5 consent accommodates t he demand for such detail when required by the exigencies of the service (e. The ~tation of a judge is the place where he is assigned by law to hold regular sessions. 26. and procedure in all courts. vs. Gu t ierrez.J~ff~.i&.

t. .As generally understood. 18 (4) P~w:.¢r..c..e.>. 288.'!:. ~e Supreme Cou r t m~:~y not exe rcise th e power with respect to the interna l ru les of the Constitutional Commissions \Ar t. a nd the prepa ration or training in law and h as passed the required examination. it includes legal advice and counsel and the prepa ration of legal instruments and contracts a lthough such matter may not be pend· ing in court. (2). The rules on court procedure promulgated by the Supreme Court are now embodied in the Revised Rules of Court of the Philippines (effective Jan.. The Constitution recognizes the evils of what has been termed as "compartm~_ntalized ju~t!_<::~" _whereby through unequal application of the law.ll.l which are independent bodies but it may exercist' t.~tj_tt.IJ....ht~ power of judicial r eview over the m in cases involving constitut ional or legal questions. These rights a re mostly found in Article III.t. Sec._..JJg.s. 19 (6) J. ·~7 c .. (5) . 18f2 l.n.• J. ..n.llifJJ. 1. Art. 17 41 Am. See A-Sec..It is the act of presenting one's claim.. or arguments in defense or prosecution of an action. ignorant or helpless litigants_ In criminal prosecutions. ~Q t/Je.Sec.. however. lDScc Rules of Court.tJ.di. 704.e.JUDICIAL DRPARTMENT 257 and Exchange Commission) sh all remain effective unless the Supreme Court. £!~~s are the written allegations made by parties to a case for the purpose of presenting the issues to be tried..l.The Consti· tution accords great importance to the full enjoyment by the people of their constitutional rights that even the Supreme Court is enjoined to promulgate rules of procedure concerning their protection and enforcement in cases pending befo1·e the courts. and educational qualifications.m. .o. The term is often used to refer to any paper filed in court in connectior.d.ctic~p.c.. He is authorized if he has the necessary legal .lam_or to the !. XIII.. qq. 1964).. with a case before it. those who have power or influence are favored to the detriment of poor..i.. moral.i!. 16 di ~approv ed by (1) E!l:ate. (3) j>ractice. . 6.issi9l1._r:.O. in any matter pending therein.4. Jur... In a strict sense. 17 Examples of pleadings are the written complaint and the answer thereto .. answer. the Constitution seeks to avoid the conviction or punishment of an accused who may be innocent.Jar. it is the doing or performing of services in a court of justice.Pf £.It means the official national unification of the entire lawyer population of the Philippines in a single organization.and enfJu:.J!kJJ.a:f rights_. 11.. Sec.nzr.!~.. . 5 ART.It refers to the method by which substantive rights may be enforced in courts of justice. VIII.g_~$. In a larger sense.r. Rule 138. This requires membership and financi al support (in reasonable amount) of every a ttorney as conditions sine qua non to the practice of law a nd the retention of his name in the Roll of Attorneys of the Supreme Court.A person is s aid to be admitted to the Bar or is a member of the Bar when he is authorized by the Supreme Court to practice law in the Philippines.JJLlfilli. IX.

Jerp riu~..YJ~m@~ng. 11 . Sec. 5 The term ". 6397. 1973) of the Rules of C:ourt which contains the rules on the Integrated Bar of the Philippi nes.clude all lawyers. and (c) To ena ble the bar to discharge its public res ponsibility more effectively. or modify substantive rights (as distinguished from procedural rights). 305. it is submitted tha t Congrc~s still retains the power since it possesses a ll legislative powers exce pt only those which have not been expressly withheld. alter or a mend the rules promulgated by the Supreme Court.ar" refers to the collectivity of all persons whose names appear in the Roll of Attorneys of the Supreme Court. . (Art. tho n ational official organization of lawycrR in the Philippines. however.~ .!. or supplemented by the Batasang Pambansa. Section 5(51 of the 1973 Constitution.L.) The observance of this constitutional mandate will go a long way in instilling in the people faith in our justice delivery syRtem as the haven of their rights and freedom. . Sectio n 1.1.Jan. Limitations on ttl. 20 Th ~ general purposes of an integrated bar are: (a) To elevate the standards of the legal profe ssion.B.iBJIJlJ." Nevertheless.r. p...JlE.UTbe new Constitution deleted the phraRe "which. Pursuant to Article X. t!J. The rules concerning legal assistance to the underprivileged must assure that free access to the courts a nd quasi-judicial bodies is not denied to any person by reason of poverty. For instance..2 1 17) Lega. altered.l:lnc. The consequent mistrust of the judicial process paves the way to the breakdown of the law.P.) Such rules shall provide a simplified and inexpensive procedure for the s peedy disposition of cases. and (3) They shall not dimini!:ih.Q . free of charge. III..<. increase.258 TEXTBOOK ON THE PHIUI'PINE CONSTITliTION Sec.~!:te -~':I..~ .? .Poor and uninfo rmed litigants are entitled to legal assistance from the government in defending or enforcing their rights to r edress the imbalance between the parties in civil a nd criminal cases. (2) They shall be uniform for alJ courts of the same grade. (Sec.) Congress h as the power to repeal.9_~~r 2J. victims of injustice may take the law in their own hands to vindicate their rights. Without governmental help.s. . the Supreme Court promulgated Rule 139-A {effective .A.Pre~e. No. They are the following: ~l.~Q~rt. 5[5. may be repealed. to reprelSent them and are exempted from paying court fees. 16. ' R. they are given lawyers. (b) To improve the administration of j ustice. An Integrated Bar (or Unified Bar) perforce must ir. 2 ~0 Rcport . ~ 2 of Commission on Bar Integration.

whose (substantive ) rights have been -violated. however. VII. 15-22. This is particularly true with respect to the constitutional rights of the accused (see Art. it is plain that the substantive law is useless without the adjective law.Sec. 81 Phil. refer to the remedies or means by which an aggrieved party. Primicias vs. the adjective law would have no reason for its existence .... Procedural rights.. trial. and evidence.l (or procedural j law is that part of law which prescribes the method of enforcing rights or obtaining redress for their violation. Corporation Code.l~. vest in courts. infra. Examples are the rights provided in Article III (Bill of Rights) of the Constitution. An Introduction to Phil.) 21 · 2 See Bustos vs.Qffll:t~'~-~Q9 eo::u~!Qy~.J:b~1. remedies. p. ) This authority further enhances its independence as envisioned by the Constitution.. Insurance Code. 5[6]. Gamboa. In some cases. 2f3]. or property. while without the sub5tantive law. Sec. IX. Law (1955). (Sec. defines. HI. (see Art. 8. Examples of substantive law are the Civil Code.aJJJJyi:L. Once appointed .t~~Elc!~raU~w/right~ .) which are implemented by the Rules of Court. (ibid. A-Sec. and the Constitution. Code of Commerce.JUDICIAL DEPARTMENT 259 ~UP!l~!ln~iy~~l. An example is the right of a party to appeal a decision of a low~r court to a higher court. .tive lau: is that part of the law which creates. 93 Phil. 6th ed.. Revised Penal Code (criminal law).. Lucero. 2 ~ (2) SJ. a right cannot be neatly classified as substantive or procedural. 97. ' Melquiades J. Sees.L~. and judgment.ligh &s are rights which substantive law declares or rights concerning life. may bring h is case to suit. and regulates rights concerning life. ~ppoimm~mt9.P.) It should be recalled that Congress may.istinguiShed. as it would merely provide for the enforcement of rights which are not prescribed. trial. 446. 640. National Internal Revenue Code. liberty or property. they shall be entitled to the protection of the provisions of the Constitution on Civil Service. as it will simply be a collection of unenforceable rights and duties. whereas fi:1-jectiJ1§~9. a uthority to appoint "other officers lower in rank" in the judiciary.t. Sec.d. by law. or the powers of age ncies or instrumentalities for the adm inistration or public affairs. Oca mpo. (supra. The Supreme Court has the power to appoint all ot1icials and employees of the judiciary in accordance with the Civil Service Law. 2[2]. B-Secs.. 23 The adjective law in the Philippines is governed by the Rules of Court promulgated by the Supreme Court and by special laws. 16. see Art.j. (1) Substqn.) From the foregoing discussion. It neces!:iarily includes the rules relating to courts and their jurisdiction. pleadings (supra. 6-8. It was formerly provided by law. liberty.. on the other hand ..lJJ:l!_Slia:. 5 ART VIII.

a special court (see note 5.":l SEC. a nd independence.) of the P resident. 7. 828. XI .A 337. 15. . dis approved hy the Supreme Court. the lower courts wer e subject to the adminis trative supervision of the President who exercised it thrcugh the De partment of J us tice h eaded by the Secretary of . 119 SCR. 1973. A Member of the Supreme Court must be at least forty years of age. integrity. 1982. (1) No pers on shall be a ppointed Membe r of the Supreme Court or any lower collegiate court unless h e is a n a tural-born citizen of the Philippines. <De Guzma n vs. rior (no w l<>wcr) co ur ts from the Department of Justice to the Supreme Court was eftb:tt~d by Presidential De~rec No. The change removes possible executive intervention in t he affairs of the courts and the administration of just i ce.f ustic~ . Dec. probity. but no pers on may be appointed judge the reof unless h e is a citizen of the Philippines and a member of the Philippine Bar. It is now ~xercised by the Supre me Court through an oflice headed by a Court Admi nistrator who is ap poi nted by the Chief . Under the law then in force.) .bayan. 6-7 SEC. The Supreme Court exercises administrative supervision over all courts from the Court of Appeals down to the lowest cour ts a nd the personnel thereof. 185. The 1935 Chart er was silent on this poin t. Sec.. This is one of the fundamental changes introduced in respect of the judicial system by the 1973 Constitution. ~ The power of administrative supervision of the Supre me Court extends to the Sa ndigan. D~cree No. 2. Administrative supervision over lower courts. t Sec. ).. 1The fo r mal tra nsfer of adminii'l trati ve su p~ 1·vis iou ove r infl!. (Pres. 6. and must have b een for fifteen years or more a judge of a lowe r court or engaged in the prac tice of la w in the Philippines. 3 l t ha::~ betm hA!d th <'~t the exl!rcise of the rule -maki ng power of the Sandigan baya n is s ubject to th e approv a l of the Supreme Court. 5[5 ). (2) The Congress shall prescr ibe the qualifications ofjudges of lower courts.cs. iss ued Ma y 7. another I. People.Justic:e' who was no more and n o less than the alter ego (Lat. The Supt·eme Court shall have administrative supervision over all courts and the persormel there of.260 1'1-~XTB OOK ON THE P HILIPPINE CONSTIT UTION s. It was n a tural tha t decisions taken eve n in t he matter of supervising judges and personnel of lower courts were sometimes heavily influe nced by poli t ical considerations.) Under th e new Constitution. (3) A Member of the Judicia ry must be a person of proven competence. because Section 6 r efers to "all courts. the additional work imposed by the pr·ovision on the Supreme Court canno t but adversely atle r:t its adjudicative functions particular ly in th e face of the increas ing number of ca sef> that are brought before it. rulci'i of procedure of s pecial co ur ts J>ha ll re main effecti ve un les>. under Art.) 2 Be that as it may.

i..e. ( Art. l!. 297.).1l_~~. 3.) Congress is not prohibited.1Ie must be a nAtural-born citizen of th e Philippines.) Authority of Congress to alter qualifications of certain constitutional officers.d_p. 1. It is intended as a guide to the r ecommending body (Judicial and Bar Council) anrl the a ppointing authority (President). Court of Appeals. p. (Sec. 80 Phil. how ever. cit. (3} He must have. the Preside nt.J udicia ry. 71" lJ. They are : (l) Constitutional: \a) H e must be a citizen. 7111.jce of the Supreme Court) as long as they are relevant to the nature and fun ctions of the office. IV.e. probity and independence. 7 Al{'l'. op. ) This criterion hao something to do with the qualities of mind a nd spirit which a member of th e j udiciary m u st possess. <lnd Court of Tax Appeals) shall be prescribed by Congresf' as provided in Section 7(2} as in the case of judges of lowe r courts. O\!Lth~Y-. 1 Qualifications of judges of lower courts.) Therefore. (. Sinco.JUDIClAL DEJ:'ART~1ENT ~61 Qualifications for members of the Supreme Court and any lower collegiate court. Sec. from prescribing disqualifications t. is accept ed th at any system of justice is only "as good or as bad a s ils judges. integrity.?i~l:t~.G. ' This qualification is prescribed for a ll members ofth ejudiciary.. . a nd his Deputies. (Sec. V III. and the members of Constitution al Commissinns. been a judge of a lower court or engaged in the practice ofla w in the Philippines (Sec.Qg_n~. Its indispensability is easily s een when it.~tur a. The qualification~ for a member of the Supreme Court are: ( 1). . 3Sce V.Sec. 7l3). ilih~~hilippin~ s. l ~ hor~:. ' See Va rgas vs. 313. for fifteen {15) years or more.qL9.2{ He must be at lea s t fo rty (40) years of age. .. Rilloraza. Congress is not empowered to increase or decrease the qualifications of the Justices of t he Supreme Court a s laid down by the Constitntion . (see Art.. Sandiganbayan. -~. a natura lized citizen may not be appointed..g.~.IDY. 8. and (41 He must be a person of proven competence. This is to obviate the objection against naturali zed citizens being treated as 1 1986 UPL Con sti tu ~ion Project.. Sec.!:!I~ :.2 The same thing may be said in connection with constitution al provi si ons providing for the qualifications of members of Congress. conviction of a crime for the position of Just. He.Q~:!l. p.. XI . and a s a reminde r to the appointee.'' The qualifications of members of a ny lower collegiate court (composed of more than one judge. the Ombudsman ..~iY.

7[2]. the dispensing of justice. (sec Sec. 7[3].). These statutory qualifications are now provided for under a law passed by the defunct Batasang Pambans a. 18. 6 S ec Batas Pambans a Blg. justice than the God-given character and fitness of those appointed to ~It is the official record cont aining the names and signatures of those who are autho rized to practice Jaw. 1979. 6 The administration of justice.5 (Sec. is both delicate a nd singular. 7 s econd-class citizens. free from all outside pressure a nd influence . (1) NaJ.te. 7.M.G.J.Congress is given t he authority to prescribe additional qualifications fo r judges of lower courts. '· . a task earnest and solemn almost partaking of the divine. lheir honor. a nd (b) He must be a member of the Philippine Bar (Sec.~_o{ iud_g_e_. so as to forestall any harm or prejudice to litigants. (Pangan vs. de termine their innocence ot· guilt. .e. It is obvious that judges should possess proficiency in law in order that they can competently construe and apply the law to cases before them.The possession of the legal qualifications prescribed for appointment to the judiciary and the existence of constitutional safeguards to protect judicial independence (supra. . . To sit in judgment over one's fellowmen. the :-nat ural-born requirement was retained principally by reason of the · fact that their decisions are generally final.) The above are the minimal qualifications which cannot be altered by Congress. 129.Ch.li.) :' "There can be no surer guara ntee for a true administration of .) is a prerequisite to the practice of law in the Philippines. Secreta ry of Justice. a lawyer whose n ame is duly inscribed in the Roll of Attorneys 4 Of the Supreme Court. . i. Montemayor in Ocampo vs. and in criminal cases.262 TEXTROOK ON THE P HILIP PI_:i!E CON STIT'CTION Sec.a. 51 O.fit. probity and indepen dence. infra. even their lives. 1053. and (c ) He must be a person of proven competence. being extremely important. is no ordinary chore or busin ess. A. Jan. 7 Dissenting: Justice M. which decision affects a nd involves their freedom. Sept. Ra mos . the r equirement of me mbership in t he Bar a nd practice of law for appointment t o the judiciary.) · 5/fhis additional criterion for selection of members of the judiciary is left to the subjective determination of the Judicial and Bar Council and the President. weighty and fraught with grave responsibility and of far-reaching effects."7 (2) . ' (2) Statutory.) Membership in the Bar (infra.. to pass upon their contr oversies involving their rights and fortunes.!.r:ac. No.r. 5[5]. 147. In the case of members of appellate courts._a. Hence.n.~.. It is a serious task.) are n o assurance that the appointee will discharge the duties of his office impartially. 1955."Compared to other public functions and (luties.ncL. integrity.

the retired Justice for two years. 29. Bercacacio.JUDICIAL DF:PARTMENT 263 the bench. (2) The regular members of the Council shall be app()inted by the President for a term of four years with the consent of the Commission on Appointments. a representative ofthe Integrated Bar. and a representative of the Congress as ex officio Member. No. but if they are of such a stuff as allows them to be subservient to one adminis tration after another. the independence of the judiciary will be not hing more than a myth or an empty ideal. 1976. and the representative o~ the private sector for one year. the Secretary of Justice. and regardless of wealth. (3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.. 561-MJ. It may exercise such other functions and duties as the Supreme Court may assign to it. A. Dec."8 (3) Judicial standards more exacting. (5) The Council shall have the principal function of recommending appointees to the Judiciary. . The framers of our Constitution wanted the person exercil:ling the judicial function to be absolutely impartial and independent-minded so that the parties before him can obtaia and receive justice based only on the merit of their claims 'h. the professor of law for three years. a retired Member of the Supreme Court.M . Of the Members first appointed. and a representative of the private sector. power and influence of their adversaries. (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 Coun~il. S f bid. 9 SEC. 9Baria vs. (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. -There is no place in the judiciary for those who cannot meet the exacting s tandards of judicial competence a nd integrity. The judges may be guaranteed a fixed tenure of office during good behavior and a salary that cannot be decreased. a professor oflaw. x x however humble and lowly and poor they may be.Sec..T. 8 AH. the representative of the Integrated Bar shall serve for four years. no position exacts a greater demand on moral righteousness and uprightness of a n individual than a seat in the judiciary. Although every office in the government is a public trust. 'liii. or to cater to the wishes of one litigant after another. 8.

9.Instead of leaving its creation to legislation. like a member of the judici a ry. . (Sec.The President shall appoint from a list of at least (3 ) nominees prepared by the Judicial and Bar Council for every vacancy. their terms of office. Such appointments need no confirm ation from the Com mission on Appoin tmen ts.264 'tEXTBOOK ON 1'HE PHI LlPPl NE CONSTlTUTlON Sees. probity and independence. only the Presidtnt w as involved in the a ppointme nt of high offici a ls of the gov ernment. integrity. 8-9 SEC. . this power of Congress to confirm appointments to the judicia ry was sometimes a source of political "haggling" and "horse trad ing" which affected the judicial independence of the appointees. 216 declares t he etfcctivity of the creation of the Judicial and Bar Council on J uly 10. 9. The President shall issue the appoint ments of judges of lower courts within 90 days from the submission of the list. t he date of its promulgatio n. ' Executive Order No. Such appointments n eed no confirmation. (Sec. ) ( 3) Judicial and Bar Council. However. 9. 7[3J. providing at the same time its composition.) The broadbased membership of the Council will help ins ure quality appointments to the judiciary. The Members of the Supreme Court a nd judges of lower courts shall be appointed by the President from a list of at l east three nominees prepare d by the Judicial and Bar Council for eve ry vacancy. A non-political process of selection and appointment of members of the j udiciary is now provided. . 8 . 1 (Sec. (1) Non-political process of selection and appointment.The appointing power is veste d alone in the President. a member of the Council. The President cannot appoint anybody out side of the list but he can ask for a dditional nominees. ) Under the 1973 Constitution. ( 2 ) List of at least three (. the Constitution itself creates the Council. must be a person of proven competence. For the lower courts. The situation was a little better under the 1935 Constitution. the Preside nt shall issue the appointments within ninety days from the submission of t he list.) Although it is not expr essly mentioned by the Constitution as a qualification. There was no effective r emedy in case of abuse by the President of his appointing power. including members of the judiciary. Appointment of members of the Supreme Court and judges of lower courts. .'3) nominees. appointment of the members. This avoids the pitfalls of the 1935 Cons titution . and their functions. their emoluments. 1987. (Sec. The members of the Supreme Court a nd judges of lower courts were appointed by the President of the Philippines with the consent of the Commission on Appointments in Congres s.

. dis~ipline. . "" . thereop .o n th~ .Y-. July 2.~Jt ~. and of judges of lower courts shall be fixed by law.:l.ofa. During their continuance in office..S. Comm. the exclusive authority to nominate justic.t As has been said: "In the general course of human nature. however.~ . in place of the Commission on Appointments. the initial annua l salary of the Chief Justice is P240.:Wh. ~A.. .. P204. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they -reach the age of sev~p. Critics say. of lower courts. .. 10·11 ART. (2) Purpose of the prohibition. ~~l'. 552 .i. that the new nominating and selection process h as not completely removed politics and outside influence in the process. appointments to the judiciary were claimed to have been influenced by political and other extraneous reasons.e r..The salary ofthe members of the Supreme Court and of judges of lower courts shall be fixed by law.majority.~i<m. their salary shall not be decreased.of the Memher&. prd.9W. 79. 93 1 Phil. SEC. 253 U.e. against in· crease in sa]a!'y which may be made effective immediately. The Federalist.Evans vs. (1) Prohibition against reduction.e.P..their d~~~~~~J. .a ·sEC." contribute to the substantial improvement of the administration of justice. Perfecto vs. Meer. ':l'l!~ . 17 . . The salaries of the members of the Supreme Court and judges of lower courts are subject to the payment of income tax. :.t~-Y~$!!_s or become incapacitated to discharge the duties of their office.'5.000 and each Associate Justice.The purpose is not to benefit the judges but to attract good and competent men to the bench and to promote their independence of action and judgment.o tctually too~ part in ti~e delib~r. probity and independence. Enden<:ia vs.r .) After Congress has fixed the compensation of any of them. Compensation of members of the judiciary. . 10.t2.. however.S~P..r~me CoJJ.es and judges will further insulate the judiciary from political intrusion. . result in the appointment only of persons "of proven competence.ln the past.i .. Davi d. 152 SCRA 284. . 1987. and enhance the faith of the people in the courts and their respect for law. ~l!.I1. 696. No.~~ . (see Art. Sec.000.. it may not reduce the same during his incumbency.&UJ bane. .e and voted ··•· .ss-g. integrity..1! vot.~_s_ht tb. 246. or.P.tA. . The salary of the Chief Justice and of the Associate Justices of the Supreme Court. judges.s .Se~. - JUDICIAL DEPAR'f}. Hamilton. Gore. 11.. 86 Phil." 2 There is n o prohibition . ~Nitafan vs.('. Until Congress shall provide otherwise. XVIII..1ENT 265 ( 4) Exclusive authority to recommend appointees to judiciary.. It is expected that giving to the Judicial and Bar Council. of Internal Revenue . a power over a man's subsistence am oun t~ to a power over his will. VIII.

In case of removal...ejn~a.QZ: .Ulf_B£.Q ffi£e. Thus. P. .:l.. Alba.d. · " 1 3 Summers vs.. to remove members of the judiCiary who refuse to kowtow to the powers that be.R. Ozaeta.~~it~t~<t. XI. there is in law no occupant.The Constitution provides for the impeachment of the members of the Supr eme Court. 2 This ruling does not apply to the judiciary.CJJJitLail&.n_ ofr.. 81 Phi l.hY2. wisdom and expertis e in their work but are flti\1 ca pable physically and mentally to discharge the duties of their office although past the age of sixty-five (65). and restored again to seventy '{70).m~nt 'Yi~· -The retirement age in the 1973 Constitu~ion was reduce<! from the'originalseventy (70) to sixty-five (65) years whicli is the retirement age of other non -e~tive government offi cials and employees.266 TEXTBOOK ON THE PHILIPPINE CONSTIT'C'TION s~c. On the other hand. ( 4) Abolition of o/f'ice. . After the a bolition of an office.P.It is a well-known rule that valid abolition of offices is neither r em oval nor separation of t he incumbents.t:. ) As for judges of lower courts. 1982. R-emoval from office is to be distinguished from termination by virtue of the abolition of the office. 2.:!lle[ltalJ. . under the guise of r eorganization.t. it will d€iprive the count ry of the services of members of the judiciary who have acquired experience. Security of tenure dependent upon good behavior has long been comidered as a n indispensable guarantee to keep judicial independence.. The reduction was obviously intended to afford members of the judiciary ·ample time to enjoy the b enefits of their retirement from the service and to give opportunity to comparatively younger men to occupy the Bench.rg. 112 SCRA 244..Q) year~ or ~~~QIJ.~a11Y_. (1) im. (3) T_e_r ~ inatio. 11 Tenure of office of members of the judiciary. there is an office with an occup ant who would thereby lose his position. the question of any impairment of security of tenure does not aris~. the cornerstone of all systems of effective administration of justice. Sect ion 2 expressly provides that "no law shall be passed reorganizing the judiciary when it undermines the security of tenure. De La Llana vs.. 754.IuJ. They shall hold office during.a:ood behavior until they reach the age ~ ~e.y.aD.p£lr. to dis charge the duties of their office.veptf.UQ. Congress h as the power to prescribe the procedure and the causes for their removaL Congress may also validly provide for the process of determining the incapacity of a judge to discharge the duties of his office. {Art. March 12..S ection 11 insures the security of tenure of the members of the Supreme Court and the judges of lower courts. 1 (2) ..eti.[~. Sec. hd." The prohibition seeks to pz:event the use of such law.i.<7._.igh.

The misconduct of a judge that will warrant disciplinary action by the Supreme Court must have a direct r elation to and be connected with the performan~ of his offici al du ties. No.) . -JUDICIAL DEPART:-. (Salcedo vt~. A. a t t he same time retaining their rank or seniority as such members.s~c. 1810-CTJ. Sees. 1 Ohio Decision. (see R. 3 ( 1 ) With reference to the m embers of the Supreme Court. Prohibition against designation to quasi-judicial and/or administrative agencies. VIII.) 5 During the effectivity of the 1935 Constitution. (see Art.M . 67 and 97. 1979.:!9. Disciplining or dismissal of judges of lower courts. 12. This practice is no longer possible under the new Cons titution. June :.) (2) As regards judges of lower courts. Judge. Qood behavior is conduct authorized by law. Sec. 3 State v. to just1fy expulsion from office. 2. Roll. So.s. 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. 1974. Section 8 prohibits the designation by the President of members of the Supreme Court a nd of other courts established by law to any agency performing quasi-judicial and/or administrative functi ons. the determination by the Supreme Court as to whether there has been a de viation or not from the r equirement of good behavior is conclusive since it alone has t he power to order their dismissal. 296. By a vote of a majority of the me mbers who actually took part in the deliberations on the issues in the case and voted thereon. it can order their dismissaF• (Sec. No.e of judges of the Courts of First Instance <now Regional Trial Courts) and on the recommendation of the di:>trictjudgc in the case of municipal judgl'~. m embers of the judiciary were sometimes designated to executive positions in the government. within the meaning of the Constitution. mere mistake or error of judgment is not a breach of good behavior. The present Constitution gives to t he Supreme Court the power to discipline judges oflower courts. the powe r to discipline or remove judges of lower courts was exercised by the President upon recomme ndation of the S upreme Court in the caF. XI.1ENT 267 Meaning of good behavior. In the past administration.) SEC.A. •See Supreme Court Resolution dated July 25. it implies that they have n ot committed any of the offenses which are gr oun ds for impeachment. not h is character as a pr ivate individual. 11. 284. 12 ART. 4 including justices of the Court of Appeals and the Sandiganbayan.

c or J~ qi"i_sio~ . much less eliminate. i.~iven the ~ssign­ ment .D. In this way. the practice will result in further delay in their disposition.i_§_i()t1 _~f ey~. A certification of complianee...tJ:H~. that the case has been assigned to a member for the writing of the opinion of the court.~~t. p.ting.~!~}~_t_~e _cg_n~icl.~nt_~~--~h.l:~~l!lb. or abstained from a decision or resolution must state the reason therefor. or dissented. Procedure in rendering decisions.:~s !~ !a~~. Any Member who took ao part. (Sec.G...cou\t.ti9n_ _ ?.ices affixing their signa tures to the decision merely as formal routine.i<l. A certification to this effect signed by the Chief Justice shall be issue d and a copy thereof attached to the record of the cas e and served upon the parties. which are already burdened with heavy load of cases. the backlog in their dockets if thei r members co uld be assigned to non-judicial agencies . Sinco... {2) It ' may compromise the independence of the members in the perform ance of their judicial functions. c:it. The same r equirements shall b e observed by all lower collegiate courts.~~-f~!~-~!2Y. 13..ons rnay be given for the prohibition: (1) Such designation violates the doctrine of separation of powers between the judicial and executive branches of the goHrnment.e. P. The Supreme Court and t he Court of Appeals particularly.£.r.n any case submitted to them for decision shall be arrived at. op.~..) The certification should not identify the member to whom the case has been assigned.2Ltl'l. 13. t he remaining just.._~r.QPi!l. ~:r.i~~-tice is . The conclusions of the Supre me Court in any case submitted to it for decision en bane or in division shall be r eached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. SEC.261:\ TEXTBOOK ON THE PHJLIPPI:-:E CO:\STITl:TiO:S The following rea::.~ i'::sti. . the .~f!-_n. .L.. the case receives the full benefit of the views and ideas of the d ifferent justices.n:-~A~-~ wb_~he r ~th~ __ C:_ O _ \!r:t_ sits ~7!-.... The above provision prescribes the manner by which the conclusions of the Supreme Court and all lower collegiate courts i. could never r l. and (3) With so many cases pending in courts. signed by the Chief Justice or Presiding Justice or P residing Judge must be issued and a copy t h ereof attached to the records of the case and served upon the parties.J!. -It is }!. 1 1 S~:~e V. The purpose is to avoid t he pr actice of assigning a case to a justice for study a nd decision by him alone . 325.i. fo..L. Qf .ldllCe.

See Soncuya Vl).r a_ lo~~.e fac1£.. Nat. (Sec.. 1 Form of decision of court.rt who t:Qok 9&. it may influence the Supt·emc Court. nth Supp. COMELEC. 12.. }Jfhile the dissenting opinion does not express the law on the subject.~~-§!!1. sh2 !L§!!lte__ t.h.J There is. \ 'l.th..9. dissent..Sec. 297. Meaning of decision.. Il!i_I:b _QI. :chief .tipulation of facts upon which the disposition of the caso is based. 1 2 . p. when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.II .!-ion. 40 O. 14. or abstention.LQi ~-~-I!.) (Mangca vs. ~~~ml>~r uf..d.cis..n.cH. in the decision of future and analogous case~ · "A dissent in a court of last resort is an appeal x x x. Loan & Invest.. 112 SCRA 27:-l. 14. 14 ART. p.~n<! . &ili&J:J.~!"l~.~c _ r:e_a_s~l}_s (Q_r hi_s.JUlHCTAL DEPARTMENT 269 Requirement in case of non·participation. IX...a l Commission!! C Art. and even become the majority opinion.~ hst_!!i n~~-..!~~~. Feb.hich. Thus._non :P~:r:~icip a. SEC.r-!:!.e.) This requirement as to dissenting opinions is a recognition of the value of such opinions.QQ!:!!:L9... Section 14 ha!> l~en held to apply only to courts of ju stice. to t he intelligence of a fu ture day. (Sec.Js.2D. p. The Supreme Court of the Uni t. cle.G . 13.te..Yl. it does not apply to the Constilutior.fi.i_~n. 19l:!:3. 68.• s>L. 1156. no reason why the rt!quirement.egi!!te ~lliJ.oned and supported by cogent considerations. if well rea:.is the judgment r endered by a court of justice or other competent tribunal after the presentation of the r espective positions of the parties in an ordinary or criminal case or upon a F. Board. No pe tition for review or motion for r econsideration of a decision of the court shall be refused due course or d e nied without stating the legal basis therefor. he must state the reason for his non-participation or abstention.a.b. 2) The standard expected of the ~Tai1ada and Ft:rmmdo. ~uprem~.. His vote could h ave resulted in a different decision.Qll. ~y_decision of a court shall clearly and distinctly stP.the law o.9I. No decision shall be rendered by any court wit hout expressing therein clearly and distinctly the facts and the la w on which it is based. There is no guarantee that the decision reached by the majority is conect and just in all cases.as..":l As it is the duty of every member of a collegiate court to take part in the study and resolution of every case before it.Justice Hughes. it. however.~~~-DJgg ..ed States. a11 to the form of de cision of a court ~ hould not be made to apply also to decisions of <tdministrativc bodies. t:it.. . up.L!i.

The certification shall state why a decision or resolution has not been rendered or issued within said period. brief.g. L-28126. 332. or memorandum r equired b y the Rules of Court or by the court itself. op. and. (3) Upon the expiration of the corresponding p eriod. It is certainly desi rable in the interest of clearness and certainty. unless reduced by the Supreme Court. Lee vs. . X.. supra. 1975." As distinguished from a decision. 1975. Cahangi. 828. 9 lhe re of. to petitions fo r review or motions fo r reconsideration of a decision of any court. Nov.~ It would seem t h at a court is not required to cite the factual or legal basis of its resolution granting a petition for 1·eview or motion for reconsideration of its decisions.270 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. without prejudice to s uch responsibility as may "Bernabe vs. 15 j udiciary is that th u decision rend ered makes clear why either party prevailed under t be law applicable to the facts established. "V. that courts should state t he facts and the reasons upon which their decisions rest. 15. Court of Appeals. (2) A case o r matter shall be deemed s ubmitted for decision or r esolution upon the filing of the last pleading. Sec. "Denied for lack of merit" or ucranted"l. Geraldez . also of all lower courts. Geraldez. p. . 15 Phil. Sinco. With respect . twelve months for all lower collegiate courts. L-39721. however.3 The rule applies to the decision s not only of the Supreme Court buj:. 28. 5 otherwise rights based upon them would have no concrete and lasting evidence. and served upon the parties. of such a resolution (e. SEC. a certification to this effect signe d by the Chief Justice or the presiding judge shall forthwith b e issued and a copy thereof attached to the record of t he case or matter. Bernabe vs. J uly 21.. and errors committed by courts lower than the Supreme Court might escape detection and rem ain uncorrected to the detrime nt of the parties and t he administration of j ustice!. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twentyfour months from date of submission for the Supreme Court. (4) Despite the expiration of the applicable mandatory period.s. 'The 1973 Constitution (Art.G. it is sufficient for the court to state only the legal basis for its refusal to give th em due course or for their denial to save time for the court. ''Ocampo vs.) empowert"!d t h e Supreme Co urt to promul gate ru les on t h t promulgation of what a r e k n own as ~minute resolutions. and three months for all other lower courts. cit . a m inute reRolulion s tates briefly the action a court ha8 taken on a petition or motion without citing the factual and l egal basi. t he court.

2It is a written presentation of the arguments of a party in a case submitted to the court afte r the trial or hearing but before a judgment or decision is rendered. 15 ART. often in cvnside ra hle deta:l. Violation of Section 15( 1) by the Supreme Court will constitute culpable violation of the Constitution. VJll. ) Upon the expiration of the corresponding period .within twelve (12) months unless reduced by the Supreme Court. and (3) Lower courts . 16.within three (3) months unless reduced by the Supreme Court.within twenty-four (24 l months. . (Art. the various courts must decide or resolve a case or matt.e. (2) The Court of Appeals and other collegiate appellate courts . By constitutional mandate. 1 or memorandum 2 is filed.) Time limitations mandatory. Sec.) A case or matter is deemed submitted for decision or resolution from the date the last pleading (see Sec. shall decide or resolve the case or matter submitted thereto for determination. 15[4]. ." Under Section 5(5 ). The time limitations established above are mandatory. Maximum periods for rendition of decisions. XI.er submitted thereto within the following periods from the date of submission: ( 1) Suprema Court.Jl"DICLU DEPARnfENT 271 have been incurred in consequence thereof. (Sec. a ground for impeachment of the members of the Supreme Court. (Sec. and served upon the parties.) A court must still decide a case or matter even after the lapse of the applicable maximum period provided above without prejudice to the responsibility of the justice or judge concerned. facts and l a w. ) under the familiar aphorism that "justice delayed is justice denied. the rules promulgated by the Supreme Court shall provide a simplified and inexpensive procedure for the speedy disposition of cases. 2. that the period has elapsed) signed by the Chief Justice or the presiding judge must be issued a copy of which is required to be attached to the record of the case or matter.). without further delay.) 1li is a written statement pre pa red by a counsel and presented to an appellatP. a certification to this effect ( i. 15L3]. . III.Sec . brief. They are in~ tended to ease up ~he clogging of court dockets and to implement the right of party lib gants to speedy justict> (see Art. . (Sec. 5[5]. (Sec. 15[1]. Sec. the main contentiOM of his client with the :mpporling arguments. 15[2. court setting forth.1.

272 TEXTBOOK ON THB PHILJPP[NE CONSTITUTION Sec. Through such r eport a nd the recommendations that the Supreme Court may m a ke. -oOo - . ) It s hould be noted that it is these organs that determine the appropriations for the expenses of the judicia ry. 16 SE C. The S u preme Court shall. T he a bove provision requires the Supreme Court to submit to the President and Congress an annual report on the operations and activities of the j udiciary. within thirty days from t he o pening of each regula r sessio n of t h e Congress. 23. Sec. (see Art. VII. the President and Congress may be guided in proposing or in the. enactment of legislations affecting the courts a nd the administration of justice. s ubmit to t he P reside n t and t h e Congress a n annual r eport on the opera· tions a nd activities of the Judiciary. 16. Submission of annual report.

) The Electoral Tribun als and the Commission on Appointments in.Q~di:­ ~t~ . t hese agencies are thttl.Jb.) are likewise directly created in the Constitution .Pregle wit.~. XI. and the Commission on Audit.Jh~r~fox._:w_:u~ .!:!!t . Aside from the t hree (3) grand departments or branches entrusted with the exercise of the traditional powers of government. the Constitution has directly created independent bodies charged with specific functions.h....Civil Servic~ommis­ sio'n.~ . Their creation is established in the Constitution because of the extraordinary importance of their functions and the need to insulate them from undesired political interference or press ure.. Sec. /'tind~l' the Constitution . th~Commis­ sion on Human Rights 1 (Art. the Commis· sion on Elections. and the Supreme Court and lower courts .t. 5[2). VI. Congress (Art.h~.J!:jn Like t he other organs of the government... ~tmr.Y. i.he.~e.~n.s.?..rc_Ls~ .eyJtr~-~-l.I§ . Sees.r..hl. 11-19. < A-Sec. XIII . i._g~~.s. th!tommission on Electioo~the Commission on Audit. The Constitutional Commissions.jp t~t. Congress. .'9d_f'Jl19~i9.. are the Civil Service Commission.t. Independent constitutional bodies..Qn~~Q..e. (Art.s._c.~j:1 _c.ies ')f tht:! members of the Commission 0:1 Human Rights shall he provided by law..1 The term of office and othAr qualificatio ns and disabil it.W..mtl . which shall be independent.) 273 .) . 7. 17-19..9..{lml GQ~-~g. VIII. Their independence cannot be assured if they were to be created me rely by statute.avd.l.t. XIII.1'lli.gre. 17. h~. w.Con. COMMON PROVISIONS SECTION I..Q. Sees .iL9 ~.~. Sec... their acts are subject to scrutiny by the Supreme Court on certiorari. ~~sid..9.I!Jlere ~n9. Sees. and the Office of the Ombudsman.ith. 5-14.Article IX CONSTITUTIONAL COMMISSIONS A.. however. I Art..h. see Art.:EliTie Cl?.fthe!I.). .~ . the Presidency and ex~cutive offices.t.

Appointment and removal of officials and employees. 2-4 SEC. 13-14.). 10. Their disabilities during their continuance in office are similar to those imposed on the President and the Vice-President. 17 . Disabilities of members of Constitutional Commissions. under Article IX. Sec. VII. (see Art. or instrumentalities. respectively. a nd their deputies and assistants (Art. members of the Cabinet. 3. The fiduciary nature of a public offic.274 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees.) It would seem that Section 17 of Article XVH does not apply to the Commission on Human Rights. the Vice President. including government-owned or -controlled corporations or their subsidiaries. Sec. Sees. nor shall he be financially interested. (see Art. which can be increased but not decreased by law during their continu ance in office. agencies.q which the Constitution expressly guards in the case of the President. The salary of the Chairman and the Commissioners shall be fixed by law and shall not b e d ecreased during their tenure . and the members of Cong:ess (Art.) Sa id provision refers to the "Constitutional Commissions" which. in any contract with.VI . Compensation of members of Constitutional Commissions. Any decrease will affect only the Chairman or the Commissioners appointed s ubsequently to the enactment of the law. directly or indirec tly. the four (4) . Section 17 of Article XVII (Transitory Provisions) prescribes the initi?.000 a nd Pl80. do not include the Commisl>ion on Human Rights. The Constitutional Commissions shall appoint their officials and employees in accordance with law. 2. hold any other office or employment.) is a lso protected in relation to t he members of the Constitutional Commissions . Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of h is office. SEC. or in any franchise or privilege granted by the Government. • SEC. Sec. 13. As independent bodies charged with the sole a nd exclusive responsibility for the proper management of their respective offices. No Member of a Constitutional Commission shall. during his tenure.000. VIII. XIII.l annual salaries for the Chairman a nd Members of a Constitutional Commission at P204. any of its subdivisions. 4.

of the--Constitution .) Other common fea'iures. C Art. particularly those on Civil Service. 17. 1568 and P. however. 'S ee R. XI. No. 1 Under the law.o any vacancy is only for the unexpired portion of the term of the predecessor. it refers only to the three (3) Constitutional Commissio n~ created in Arti cle IX. ( 3) Their power s a nd functions are defined in the ·Constitution. Said law m ust.Sec. sion~. be in accordance with the pro.. (7 ) Appointment t. In th~JL~F. 18[10].he .Q:W. Their approved annual appropriations shall be automatically and regularly release d.s uc h.~isi~ns.~ 1 _!h~y . XIII. as amended hy R. (4) The Commissioners are required to be natural-born citizens of the Philippines. 5 ART.D. and (9) The Commissioners are removable only by impeachment.P.. No. 3595.) The last five (5) features (Nos. 1Art. that under the cited provision. IX.Civil Service Law. See Footnote 1. Sec. (8) The Commissioners cannot be appointe d or designated in a tempor ary or acting capacity.ci~~_Qf.S:r. of course.Jll:Qyjs ions of tlw . see Art..CONSTITUTlONAL COMMISSIONS A.A. 1582. a special retirement scheme is provided for members of the constitutional commissions.e ~ ybj ect . to further insure the exercise of their powers and functions with the highest degree of independence against outside influences. (5) Th eir terms of office are staggered with a two-year interval.A. Section 2 Flpeaks of "the members of the Constitutional Commiswithout distinction. IX. the Constitutional Commissions have been given these common features: (1) They are multi-headed bodies. B-Sec.t~Lt. 5. accordingly. . 2.. Sec. No. (Art. The Commission shall enjoy fiscal autonomy. ll2). (6) The Commissioners appointed a re ineligible for reappointment for a period beyond the maximum tenure of seven ( 7) years. Although Article XI. the power to a ppoint their own officials and employees and to remove them. XIII. Common Provisions 275 Constitutional Commissions have. (2) They are categorized as "independent" by the Constitution. only "the term of office and other qualifications and disabilities of the members of the Commission" are mentioned which shall be provided by la w. 2 SEC. In addition. ." 1 . 5 to 9) do not a pply to the Commission on Human Rights.) Note. Sec..

Such rules however shall not diminish. . fi[5] . ( 1) Any case or matter brought befor e each Commission must be decide d by a majority vote of all its members within sixty (60) days from the date of its subm ission for decision or resolution. (see Ibid. Rules of procedure. or memorandum required by the rules of the Commission or by the Commission itself. VIII. By certiorari. VIII. there is no prohibition against the t'eduction of the appropri a tion ~ fo r the Constitutional Commissi~'ms below tho amount appropriateri for the previou s year. :u. Sec. Like the Supreme Court. increase or modify substa ntive rights as distinguished fro m procedural rights. 12) An aggr ieved party may bring any deci sion. 15[21. 7. Each Commission en bane may promulgate its own rules concerning pleadings and practice b efore it or before any of its offices. Note. VIII. final order s or rulings of the Commis- . that unlik l~ in the case of the judiciary (see Art. SEC. Rendition of decision and judicial review. E ach Commission I'm brznc is authorized to promulgate its own rules governing pleadi ngs a nd p ractice befo re it or any of its offices.) within (30) days from receipt of a copy thereof.276 T~XTROOK ON THE t'HJ LIPP1 NE CONSTITCTION Sees.) Under C-Section 2(2 ). brief. Sec.. ) SEC. The period begins to run from the filing of the last pleading. 5r2]. 6. Sec. or modify substantive rights. Each Commission shall d ecide by a majority vote of a ll its Members any case or matter brought before it within si:"f~ ~ays from the date of its submission for d 2cision or resolution. A case or matter is d eem ed submitted for decision or resolution upon the filing of the last pleading.) requi red by th e rules of the Commission or by the Commission itself. order. (see Ibid . brief. however. or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty d ays from receipt of a copy thereof. or memorandum (see Art. 5l2. Unless otherwise provided by this Constitution or by law.l Such rules shall not dimini sh. decisions. the Con ~titutional Commissions enjoy fi scal autonomy to s trengthen t heir independence in the perfo rmance of their co n~titutional functions. VIII. a party raises questions of law in the Supreme Court. The findi ngs of fact made b"y a Commission are conclusive upon the Supreme Court. a ny decision. Sec. (see Art. e]. S ec. 6-7 Fiscal autonomy. order or ruling of each Commission to the Supreme Court on certiorari (see Art. increase.

1 Its conversion into a collegiate body is envisioned to enhance its independence on the theory that it will be more :R.e Commission. a Commissioner for five years. 1[1). The Civil Servict> Commission 277 sion on Elections on election contests involving elective municipal and barangay offices are final. at least thirty-five ye ars of age. No. SEC. Of cou1·se. the Commissions can be given the necessary measure of flexibility in the discharge of their constitutional t asks . ordt>r. 2260. Ofthose first appointed. 6040. by means of legislation. Congress cannot diminish the powers and functions granted by the Constitution to the Commissions. the Chairman shall hold office for seven years. 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. executory and not appealable. Composition of the Civil Servic. (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.ART.A. B. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall b e natural-born citizens of the Philippines and. as amended by R. No.A. Additional functions under the law. "each Commission shall perform such other functions as may be provided by law: ' Thus. IX. without reappointment. at the time of their appointment. . Each Commission shall perform such other functions as may be provided by law. or ruling of each Commission. THE CIVIL SERVICE COMMISSION SECTION 1. Congress is empowered to prescribe by law the manner and period of review of the decision. cSec. It is composed of a Chairman and t wo Commission er s. In addition to their constitutional functions . and must not have been candidates for any elective position in the elections immediate ly preceding their appointment. and another Commissioner for three years. with proven capacity for public administration.) The former Civil Service Commission before the 19n Constitution was a statutory one-man Commission. -CONSTITUTIONAL COMMISSlONS B. 8.

. its m embers would invariably have the benefits of th e experi ence of older members in the performance of its fu n ctions.aUyrq:u~. :-...( . T his is necessary hecau:::le t h e Commissioners are r espon sib le for an agency tha t performs significant func tions. 1(2j .!uence tha n a body h eaded b y a s ingle i ndividua l.. This requir eme n t insures t he p olitical neutrali ty of pros pective a ppointees a n d effe ctively precludes the appointment of JlOlitic. was given a perrnt• nen t appo intmen t fo r a ter m of seven (7i year. Th ere m ust be a showin g tha t they hav e heen 'i~"' thc"~'e f'v1~e"' a n effective public administrator.J2)..i.:. l:i.:.ath er th a n ~L!<9J.) '-· . Moreover. The appointment or designation of a ny Member in a temporary or acting capacity is not a llowed. They sh all be a ppointed by the P resident wi t h t h e con:>ent of th e Commission on Appointments for <1 term of seven (7 ) years wi t hout reappoi ntment.. 1 r esistan t to political pressure or in f.P.... Consequently.ions. Qualifications of members. Of the Comm issi oners firs t a pp oin te d..l::I:ati~. They are: (1 ) Thr~y mu~t be n a tural-born citizens of the P h ilippines.XTBOOK ON THE PHILIP P INE CONSl'T'J'UTION Re c. Knowl e~ge of law or experience in the practice of law is n ot regu ircd hy the Constj t ution pres umably beca use the position calls m0rc (~Jl­ .J:l. '. "Presiden t F .. ~ f .·-"!" Appointment and terms of office.city for public admi nistr at ion.2 and as (4) T hey m us t n ot have been candidates for any elective position in the el ections imm ediately preceding the ir a p pointment. The Constitutional Com m i..I see S ec. one sh a ll h old offi ce fo r seven (7) years.. . another for five \5 l y ears. . Reappointment cannot be made in favor of a Commissioner who has been jus t appointed for a term ofless than seven (7 J yea rs afler the expiration of his term.. and the third for three (3 ) y~ars without reappointment .<~.~s . .o...s. be persons \Vith proven ca pu.!. nftct· serving for a n umber of yea r~.) · Rotational scheme of appointment This sche me ofmtational a ppoin tme nt is i n tended to give continu ity to th e Commission by allowing t h e term of only one Comm issioner to expire every t&.Ui!:Y. 6.Ctepce . p. Subsequent ap PQintm ents shall h e for a term of seven (7) years .. .!.lli:l..-ia rcos appointed in an adin::! l:< l p arity t h e for rnt-r Chairman of the Com mission on Audit who. . that ~19811 lil'L Constilu tion Projcd . (3) T h(>y must. it is unlikely..278 TF.. in the ordi nary course of e vents. (2) They must be a t least thirty-five (:35 ) years of a ge at the tim e of their a ppointme nt (r ath er t han a~sum ptio n of office ). .'1 (Sec.

A Civil Service Commis~ion created by statute is subject to reorganization or abolition at any time. The creation of an independent centralized agency having direction and control over the civil service system and empowered to enforce civil service legislations was believed essential to the operation of the system. 653-655. subdivisions.hruary 2. (1) The civil service embraces all branches. a constitutiona.gi~. and its inclusion in the Constitution. and agencies of the Government. the power over appropriations is a mighty weapon which Congre~s can readily wield over the Commission.c. under his power of control.. and ~tart on a (2) The appointment to any vacancy due to death..) The operation of the rotational plan requires two conditions. including government-owned or -controlled corporations with Qri. and. except to position~ which arelpolicy-determin· ing.Sec. !infra. 4 SEC. instrumentalities. . the President can reverse or revise decisions of the Commission. 2 ART. On the other hand.the date of the adoption of the Constitution. an additional safeguard for the successful implementation of the merit system. regardless of the dates of their appointments and assumption of office. by competitive examination. (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. both indispensable to itR workability: (1) The terms of the first three (3) Commissioners should common date.. The Civil Service Commission 279 the same President will be ahle to appoint all the members of the Commission. or highly technical. l@J. as far as practica.. Because of its independence from the political branches of the government.b.arters.CONSTITUTIONAL COMMlSSlONS R. pri:rt'1arily confidential. pp. or disability should be only for thE> unexpired balance ofthe term of the predecessor. Reasons for creation of the Commission. 'See 1970 UPLC Constitution Revision Proje-ct. resignation. .~ (2) Appointments in the civil service shall be made only according to merit and fit:q_~ to be deter~ined. The starting point of the terms of office of the staggered 7-5-3 year terms of the first appointees to the three (3) constitutional commissions.l body as the Civil Service Commission could more effectively resist the pressures of politicians and thus ensure that selection and advancement in the Civil Service are attained through merit and fitness.ble. IX. ·--· .. But even discounting this possibility. i:< on Et. 2. This is also the policy in the other two Commissions.

l'~d.~ified service. and exP. On t he basis of appointment. 13lg . directly or indirectly. Constitutional classification of positions in the Civil Service.icol into: < ll ~!. It has also been u sed to r efer to that portion of the public ser-vice that is "governed by the meri t principle in the .P.Not all th ~: provision~ of the C:on ~titution on the civil Hc rvice arc . non -compt!ti tive or uncla..trictly abo u t the civil scrviee only.CJ' ch aracterized by: <a) entrance hased on merit and fitness to he determ ined as far a s pr a ctic-able by competitiYe examiuat ions. . Meaning of Civil Service. and (c) opportu n it y for advancement tC> . 807 (infra.mpt sen.itions in Lhe Civil Service (from compe Li i ive st•rvi ce. T he term Civil Servic_e m eans that professionalized body of men a nd wom en who have made of the government service a hfetime career. as amend~~ ll. ~) The right to self-organization shall not be denied to government employees. the Constitution classifies positions in the Civil Service into two principal groups/' namely: ' i''ield..idon tial Decree No. G.i 'The Corporclt}()n Code of th e PhHippines.he Civil Service System over the administrative personnel of the entire governmental organization .sificd the category of po!.1 :. (6) Te mporary employees of the Gove rnment shall b e given such protection as may be p1·ovided by law.. 7. u nder t h e Ci'-i l Servi.3 Un der the Constitution (see Ar t. XII.lB.i. in a ny electioneering or partisan political campaign. 2 (4) No officer or employee in the civil service shall engage. P hilippines I is. includi ng every gover nment-owned orcontrolled corporation with origi na l charter .trumentality of th e governme nt.Jilll ( Ci vii Service Decre e) . agen cy.. Civil S~rvice Law 3 ( l9:Hl L Sect ion 2( I l placing em ployee!' of government-ow ned M -con trolled co rpora tio nf.succl M11y 1. 2[1]. only government-owned or -cont rolled corporations can be created hy special law or charter.'' 1 Scope of the Civil Service.nationa l an d local including the military esta blishment.280 TEXTBOOK ON THI< ~ PH lLlPl'l~E CONSTITUTLON Sec.) The intention of the Constitution is to extend t he r~quirements a nd benefits of t. subdivision.·ember 1.. ~'?IJD!. 16. !h ) s~:~curity of t enure. The Civil Service embr aces every branch .liD..:e is implemented hy Presidential DccreA No. ! <tnd Prc. But they can be created under the general incorporation law 4 in which case they arc not embraced within the scope of the Sen ·ice.c.·echu. Sec. 8. cffe(:tive N o.2 (Sec. or based on highly t echnical qualifications. 442 C L~tbor Gode of thP. (see R-Secs. 2 1974. and im. 1974. 68.nt jal Decree.selection of officers a nd employees.1.

such as by an investigation of school records.g_n-co!!JJ2~Wive.tjve examination-'. op.er\·ice: 1b1 . partnership or social connections. or highly technical in nature. cit.. 2[2]. 16.).G. or which is limited to thE.r...g_cj~o[_de~er"!f. 907 (supra. -Those whose appointments are made according to merit and fitness to be determined as far as practicable by competitive examinations.::r .4!!1~rmingd.QfJJ:Pgti." and (2) J::!." higher career positions. achievements of a character relevant to the position to be filled. i grants honor graduates (those who have earned at least cum ir11. primarily confidential.. sec also Presidential Decree No.) It is obvious from the provision that the recruitment of government personnel is not to be made on the basis of an indiscriminate or whimsical method of selection or on consideration of friendship. 7 (2) _Qtjter_!!_t~t_h.. -Where competitive examinations are not practicable.duration of a particular project for which purpOse employment was made.. supra.es other than those of the usual test of merit and fitness utilized for the car. -CONSTITUTIONAL COMMISSIONS B. 413.~ According to Presidential Decree No. !9i8. whil<'. (see SN:i'.Ualifications and the requirements of public service.. kinship. A person's qualifications in this regard are to be determined by competitive examinations as far as practicable. positions described by the Constitution as .ed on t. The Civil Service Commission 281 (1) .:·ositions to which they are appointed. 2 ART. and such other tests modern educational science has produced. and (2) Nan·Cru:ccr Sert'i~e characteri1. 893.Jillh. 1408.? .~t.ctitiue.Sec. 1976).. 5 and o thereof. experience in actual work.h~ir :J.n oa. 997.As a general rule. "graduation with honors earned under the competitive atmosphere of the academic community is as good as a qualifying mark in a competitive examination to determine merit and excellence for public employment. the selection of any appointee to any government position "shall be made only according to merit and fitness to be determined as far as practicable x x x by competitive examination. other methods of determining merit and fitness may be resorted to.<Ma1·ch 11.p.J!Q. p. June 8. 1976) :onfers civil service eligibilities on scientist~=~ and teC'hnnlo~.~~Sept. Decree No.J!Jr9. The merit system. To the latter belongs those." (Sec. IX.residential Dec.) ~sid~ntiaLDc~~e No. -Those whose appointments do not haw to take into account merit and fitness as determined by competitive examinatjons." ([bid.!.Corn..z:ee.:-.f.>ical ~pECialists ha. Merit and fitness as qualitative factors in the selection of civil servants have reference to personal qualifications for competence and ability to perform thE> official task.'!:ing_Tl!:_eri~.<enure which is limited to a period specified by law..ed by 1 <1'1 <'ntr:~nce -:. aR amende(! by Pn•:'idt-nti<tl Decree No.) But their appointments shall still be made according to merit and fitness.~.' •ee al~o Pre:<.'policy-determining. or· which is coterminou~ wuh that of the appointing authority ot· subject to his pleasure.de hon('r"' of four-year O:•Jllcgc course eithet· second or first-grade civil service eligibility rating depending on the . .1 'V. "Ibid. (1) Me. Sinco.

B.. 1'l In such case.he rs.tablish a Selection Board and a P romotion Board to as$iSt the appointing authority in the sele<:tion and pr<>motion of personnel in the Civil Service.g. and regi onal offi ces to o~. 12 like that of a scientist.l. Efficiency r esults becaus e selection and promotion of ~m­ ployees is based not on political considera tions but on merit and fitness. L ·19080. ) to all deserving applicants desirous of a career in public service.. Sept. on t he other hand. secures efficienc y in govern ment service a nd promotes social justice.h the power of fonnulating policies for the government or an y of its agencies. . 1.ter:. "See. They are the following: (1) .! n11 the t-1erit System Protection Board. is to hear un. like tha t of a member of the Cabinet. Besa. Those holding primarily confid ential positions hold office at the pleasure of the appointing power (e. '(' (3) Ik1!!fJ. however. 2n. bu. p.~!!! · Non-competitive positions. 9 as shown by experience the world over. system.Ii~rrfisismlffi. ' 2Ibid.:l dc(·ide cai'C!l brought before it by officers a nd employees who feel aggrieved by determination of a ppoi nting authoriti~s involving appointment. 29. n•. l!tC. and thereby implemen ts the merit syst em ordained by the Constitution and th e Civil Service Law. A mong {>t. May 22. Sec. ACC FA. ! Jlining. XIII . Cari no vs.. 646. L-23966. 2 --The merit system.N.. 1969.P_olicy <l.i1111J. Mallari. 1979) direc ts every ministry (now d epartment.. confidential agents).. or instrumentalities. 29.. promotion . Letter of £nstructio n No. 1970. whose primary function .282 TEXTBOOK ON THF: l'HILIPPINg CONSTETUTION Sec.) and al'cncy of the gove rnm ent including govern ment-owned and -controlled corporatiQn ::.tir. when such pleasure turns into displeas ure. where its occupant enjoys more than the ordinar y confidence of th e appointing power but bear s such close intimacy which relieves the latter from mi!-!givings of betrayal of personal trust on confidential matters of th e State . De Vera. the incumbent is not removed fr om office. 1"1970 UPLC Constitution Project.. subdivisions. 1409 (. L-26838. private sec1·eta ries of certain officers. 87 Phil. 799 IJan.fum• 8. . 14 According to the Supreme Court. 11 See Santos \ 'S . supra. The position of legal counsel of a govern ment ~ow ned or -controlled corporation is highly technical in nature. 197Hl creates in the CSC a Meri t System Boa!'d re na med by the Administrative Code of Hl87 (Exec. Gray vs. 1966. where its occupa nt is vested wit. t r ansfer .f. the occupant canno. a s well as complain ts against ofticers in the government arisin g from violations of the merit. Order No. May 29. is subserved because the merit system guarantees equality of opportunity (see Art. 11 like tha t of a private secretary. detail.t.o_f!l_ S)!Sl. Social jus tice. '"See J:>. and (3 ) _!Jighly techni£!!L where it s occupant is required to possess skill or training in the supreme or superior degree.. 289. 9 Presidential Decree No. ( 2) Er. and at the same time pri marily confidential..t insist on a fixea or a definite term if the la tter asped predominates.

17The following. The Civil Service Commission his term merely expires in much the same way that a person who has fixed term of office is not removed upon the expiration of his term. 1 ~ '"Hernandez vs. (4l Disgraceful or immoral conduct. 1G Meaning of "for cause provided by law. (3) Neglect of duty. 1968: Salazar vs. :29. oppres:. & Suhido.s. 36[a]. l7 J Frequent absences or tat·dine:. His inefficiency can be expected. ~1athay. L-17287. and not mer~ly causes which the appointing power in the exercise of discretion may deem sufficient. cit. (8J Inefficiency and incompetence in the performance of official duut-.ion. 807. • Also Admini:ltrative Code of 1987. St-ction 46. Book V. vocation or profession w!thout :securing the pcrmis:sion rcquir. (5J Being notoriously undesirable. .. 84 Phil. \965. among other!:>. op. 1976. Any employee whose continuance in office 1s dependent upon the whim or pleasure of his superior. that such cause must relate to and affect (as a general rule) the functionR of the office which the officer or employee holds.Sec. L-20:HJI) ~ov. '~See Taiiada and Fernando. Title I. Angeles vs. -The phrase17 means for reasons which the law and sound public policy recognize as sufficient ground for suspension or removal. 30.:. June 2H." (1) Substantive requirement. 2 ART. under the above provision. Decr~e Xo. The merit system established in Section 2(2) does not necessarily imply that the persons so appointed have securitv of tenure. i 11 l Willful refusal to pay just debts: ( 12) Pnnmit of private business.. 1 =Guarantee of security of tenure. lsee Pres. and ( 13) Nepotism. p. (6j Physical or mental incapacity. ..CONSTITUTIONAL COMMISSIOl\t: R. Mutuc. civil servants can be confident of staying in their respective positions as long as they do their work efficiently and wel1. 1'Tec. Romero. It implies.on vs. L-44061. or misconduct. moreover. OOi L~nding money at usurious rates of interests. as a matter of course. There is thus in Section 2(3) a guarantee of se~urity of tenure to officers and employees in the Civil Service. Sees.. (2) Habitual drunkenness. is likely to be the victim of fear and insecurity. are dedared to be grounds for ilisciplinary aC'tinn in accordance with the civil service law: (1} Di8honesty.IX. Sept..Jr. It means legal cause or cause provided by an existing tau·. 49. if faithfully enforced.~d. 74. Villegas.: C9} Insubordination. 1202. The constitutional guarantee is of utmost value in maintaining morale and in promoting efficiency. Subtitle A.

it has been held that a civil service officer or employee (in the local government) may not be removed by the abolition of the office in bad faith.~nst9. Removal from office contemplates that the incumbent is separated but the office or positicn itself subsists. or is done in bad faith.. Sec. however.. 20 19 .QD. 1975. When the office itself is legally abolished.C. abolition of an office is invalid if it involves an office provided in the Constitution or a judicial position.The principle of political neutrality for civil servants finds its justi fication in the desire to secure discipline and efficiency in the public service by doing away with the spoils system. be used as a cover for circumventing the guarantee of security of tenure. 24 United P ublic Workerli vs. 104 Phil.-44622. does not apply to the judiciary. 378-379.i. 22Z2 R. the guarantee of procedural due process requires notice and opportunity to be heard before one is suspended or dismissedY' Under the law. may not. Thus. no complaint against a civil service official or employee shall be given due course unless the same is in writing and ~ubscribed and sworn to by the complainant. . ~'Manalang vs. 26. 21 No person has a vested right to an office which cannot be disturbed by le'gislation.n Th e principle that valid abolition of an office is neither removal nor separation of the incumbent.ther ~an politi~~~mpaigq.9. .<!. Quitoriano. Osmena. 2. 21. The Constitution protects an officer or employee only as long as the position remains. !'. I.'!!:· .<:!.Qbi. " 24 Section 2(4) reinforces this neutrality principle. 36(c). Baldoz vs.r. Subido. Office of the President. 2 (2) Procedural requirement.P.~. 66 SCRA 203.SP. considered that the public service "would be more truly devoted to the public welfare if public servants were not overactive politically. Mit chell . Sec. 588.Basically. therefore. 9· i Phil. 330 U..~ti!. 2:l Abolition.t(Qn~r~n. Presidential Decree No. abolish his office.284 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser. !.L.e. there is no removal.S.gy.t. 1977.Y.he_ . ( 1) Ssif. Aug._cf: _ ggqjf!.. 2''Briones v11.il§. 903.20 Abolition of position.9i\iO.) In fine.l!t ~le. -~. par.J.~!X· It is. a. (see Art. Sec Reyes vs. A judge's right to his full term is not subject to the contingency that Congress may.s. 2 . Aug. Congress may abolish any civil service office unless it is a constitutional office. Many government employees have been accustomed to work for t he candidacy of particular persons to assure security of t enure or to get reward in the form of appointments or promotions in government positions as sl!QiJL~. 100. for the public good.U!. 807.c. VIII.

Q. --The prohibi tion covers member s of the armed forces (Art._employees covered. 807.ity_.. Yatco.J:§.1§§ed to th. 2 ~ Activities not covered.J. (see Art.Q[. peaceful.. ( 1) ~rtisa n actil.LtisJJJ. exclu ding those in the re_ ser ve fqrce.. 745.J.. 2 ~/hid.Q~at~ An activity is qgt part jsa l} i~it i§ addn.~ ART.Li~li tical issu e>t. .) However.Considering the freedom of expression which is equally secured by the Constitution even to gove rn· HCaillers vs. lUll. 2 ~ Meaning of electioneering or partisan political campaign. Under t he 1935 a nd the 1973 Constitu tions . their participation in any e lection is limited to t hat of voting.. 1.. publishi ng or distribut ing campa ign literature or materials. V'fhe Omnibus Election Code (B. caucuses . Both refer to acts des igned to h ave a candidate elected or not. either directly or indirectly.s..P-SJ.. refers only t o career service..elections." and not against every kind of political activity . The C ivil Sen·ice Cummitision 285 (2) f)y:_tm. Bonif<1Ci11. t hey have the right to express their views on political issues provided such expression does not amount to any "electioneering or pa rtisa n political campa ign .is. Sec. the term used is "any partis an political activity" which is practica lly synonymous with ''a ny electioneering or par tisan political campaign" as used in Section 2( 4 ). ) but it refers only to t hose in t he a ctive service. Presidenti al Decree No.atiQ. _b. it is an obligation.P . of every citizen qualifie d to vote to r egist er a nd cast his vote.~riug free."25 Their loyalty l:>hould be t o the publi c service.it. and soliciting votes or contribution s. Section 45.ONST1TU1'IOKAL COMMIS~IONS R. Section 79(b). conventions.D&§t.!tisAg. QrQ&rly. V. Sec.§. as used in Section 2(4 ).tainment of the objective ·~qf i!l." (3) OJ[icers _an. } ( 2) }lgJ_r.. or to promote the candidacy of a person or persons to a public office.. -The pr ohibition in Sect ion 2(4 ) is directe d against "any e lectioneering or partisa n political campaign. not to the "rulers" of the m oment. 27 .edihle . In fact. They include such activities as participation in political campaigns. 65 P hil. 2 f4]..Sec.fly political activit..i.Officers a nd employees in the Civil Service a r e "servants of the Stata a nd not the agent s of any politica l group.TJ:)n elections. making s peeches or commentaries for or against the e lection of any party or candidate. Blg.~~Q!l. Sce :::lantos vs.at. :32 1.Y. and.cr. dire~t:~~ -tQwar_d th e a dvancement of a part ic11Jar party ~!_. Under t he provis ion. .).t_Q[JN. XVI.lf... 106 Phil." (see CSec. JX.. pa r a des or r allies. . although it is not m a nda t ory.. 2 ~ Civil Service.. Elective officials and members of the Cabinet who are holding political offices are not embraced in the prohibition .e.2. .<.. 5[3].

." Eve n if th ere is no statement of the right to selforg3ni zation in t he Constitution .. officers a nd employees in th~ Career Civil Service can actively pa. t he a n swer must be in the negative for the latter right is not expressly given. 'Bence. not candidates for public office.2HH TEXT BOOK ON THE PHILIPPI NE CONST\'l'UTION s~c . 2 ment employees. to allow government workers to strike is not advisable in the long-run.gq_ilJ:$.Q-. Plebiscite. or mention the names of candidates for public office whom t hey support. . "0 29 . They can seek peaceful remedies for their grievances and work for mutual benefits without going through the long process normally provided unde r civil service regulations. or referendum issues without violating civil service rules and regula tions. Section 2(5) together with Section 8 of the Bill of Rights..tJ!_-p_lg. unions.._.. and jail guards·.!i~(1 ) G. initiative. A strike declared by members of the civil service can paralyze or disrupt government operation and ultimat~ly prove prejudicial . If the t wo rights are to be considered separate and distinct from each other. or societies for purposes not contra ry to la w shall not be abridged. Sectio n 45.._q_r__g. Through unions. 20 (~) C. s riot aJ?.r.ef~ ~(.Such participation does not constitute parlisun political activity.ign. th ey may express their vie ws on current political problems or issues. Right of government employees to self-organization.Qf. must be construed .tici pate in the discussion of plebiscite._eff!_~"! qpestion. . Rightotgo'leUlJD~nUmm!QY~s to ~.above prohibition.:Jo A parallel provision is Section 8 of the Bill of Rights which declares that "the right of the peop le including t hose employed in the public and private sector s to form associations. the Philippi nes. .~·es o(. - See Presidential Decree No...L.tr!.he exercise of the right . fringe benefits.an. firemen.p. government employees can promote their interest an d the interest of t he public service. The grant of the right to union ize was born out of the traditional n eglect of government workers in terms of salaries..bisc.ply't? !J:l..nt.. Section 2(5J grants to government employees in the civil service the right to form unions enjoyed by workers in the private sector.~ · · . if otherwise. initiative.!J_]]lJ2.femployee::! t o organi~~· 1t doC. 807.£~_.It is not clear whether or not the constitutional gr.er/)i-5"e.r.f Eo. Be that as it may. 1987) provides guidelines for t..ofti~..?ng.Ii.~ . policemen.Qr_r.. or referendum is not a n election within the meaning ofth. promotions and working conditions which are ta ken for granted in the priva te sector. It involves only issues.~he::!\r~i!i_Ji:Q. right to self-organiza tion carries with it the right to strike.rigltt not advisable.~~__j_nj tia.fg_r. as granting the right to strike as well. Executive Orde\· No.e'm"b.. 180 (June 1. incl uding police officers. governme nt workers can form associations for purposes not contrary to law.

1 "e~~n of tempor¥y emp~ee§_. 2. 1'he Civil Service Commission. 2[61.~ manded of them..l. 199()) grants civil service t>ligiuil ity under ce rtain conditions to government em.)ointing authority with or without cause notwithstanding that their performance meets the standards of public service d<.a_nteg_bv laU?. Such laws may even grant to temporary employees who have rendered continuous and faithful service benefits that accrue to permane nt employees Y SEC.e. Employees in the government given tempora ry appointments do not enjoy sec urity of tenure. as the central person· nel agency of the Government. the right to strike shall be exercised "in accordance with law.on 3 t par. Un der Sect .P. subject to limitations that may be provided by law. and institutionalize a management climate conducive to public accountability.e__ is no . iSec.t p1oyees ~:ould be u:>cd as a coer~ive ~pon.:r:ik~. In the performance of its powers and functions. by law. shall be guided by the objec~ 1 R.strik.ptoyee:s appointed under p1 ovisioncl or t.Even as the right to strike is constitutionally granted.la)L permitting public em pl o~o. efficiency.. It shall strengthen the merit and rewards ~ystem...emp. Powers and functions of the Commission.Sec.~er~~m. Congress may. • The aim of s uch law is to prevent indiscriminate dismissals of temporary personnel and to see to it that their sepa ration or replacement is made only for justifiable reasons. integrity. or at the discretion of the ap. The Civil Service Com rnission 287 to public interest.A. ~. It shall submit to the President and the Congress an annual report on its personnel progra ms.bilize the gover. H.. ~ntr~. It can provide the details fo r the exercise of the ri ght.Righi_!lQLgr:. or for purposes other than for redress of legitimate grievances.A. and courtesy in the civil service. goyernrne&t.nme_nt. financial institutions and other vital public ser"ices. They may be replaced anytim e a qualified civil service eligible becom(!S available.n~ __QLthe.tl. the Commission as the ·-·· .· · · · (2) . IX. ) of Article XIII. 3 ART... The right can be taken advantage of for political or whimsical purposes.e . shall establish a career service and adopt measures to promote morale. 3.st.)rnry status who h ave rendered a total of Reven (7) years of cfficit>nt sMvice.. of the armed forces and police and firefighting units. The Constitution mandates t hat tempurary employees in the govern · ment be given protection as may be provided by law.. No. responsiveness.e.dJ~g. 'tb. progressiv~ness.. deny the right to strike to some sectors of labor like m e mb~!r!. integrate all human resources development programs for all levels and ranks. by governm. a nd even to civilian employees operating communications." i..CONSTITUTI0t\AL CO~lMISSIOKS B. 6850 (feb..ept e'!. to destp. .

whether original or promotional. utilization. . the Q~v. otherwise known as the Civil Service Decree of the Philippines. see Letter of I nstruction No. (issued Sept. 785 (Dec. (1) The work of the government would never be done ifthere were only the Je gislators. responsiveness. 3 tives as laid down in the Constitution to establish a career service and to promote morale. 807. 22. 6.z The Decree declares t hat the Civil Service Commission sha ll be the central personnel agency to set standards and to enforce the laws and rules governing the selection. take censuses. 1975.) "Presidential Dec ree No. 807.· (!. progressiveness and courtesy in the Civil Service as well as the economic. arrest criminals . delivering 'See Presidential Decree No. (Teates "a National Planning and Coordinating Secretariat for the purpose of designing 11nd implornenting reorientation a nd motivational train ing programs and special course for civil service persou· nel in e ach ?rfinistry in pursuance of the n eed to internalize government reforrns. offices. the fo llowing g. and enforce suitable rules and regulations for carrying into effect the provisions of the Decree. agencies and other instrumentalities of the government.n. 26.. 807 (Oct.e. 23.i. Presidential Decree No. (4J Supervise and coordinate the co~duct of civil service examinations. training and discipline of civil servants. (6) Inspect and audit periodically the personnel work programs of the different departments. 1977) esta blishes a Civil Service Academy to implement centralized training programs for the Civil Scn·vi ce. Section 9.4f). (5) Approve appoin tments. 110. integrity. bureaus. These people cannot be expected to collect taxes. I. (2) Prescribe. 319. inspect factories.Admi nister and enforce the constitutional and :statutory provisions on the merit system. a mong others. Cabinet members and other he ads of offices to do it. (Jan. amend. 1 Under Presidential Decree No.· -···-······· ·. Se.!Il~tiQ. standards. and (/:}) P erform such other functions as properly belonging to a central personnel agency. 1975)." 2Sce .ettc1· of Instruction ~o.u_&P. audit accounts. · . on the other h and. 14. and guidelines for the Civil Service and adopt plans and programs to promote economical. social.H'l:.!. (3) Promulgate policies. to posi tions in the civil :service. and effec· tive personnel administraiion in the government.w.2R8 TEXTBOOK ON THE PHILIPPI NE CONSTI'J'UTION Sec. to say nothing of keeping bookR.l_S~rvice Commission has. efficiency. 1218 (Oct. and other policies of the government. 1978). efficient.:i lmportanc~ cf a permanent civil service. 1973) Pres idential De(:ree No.~ tion 1. (1) H ear and decide administrative disciplinary cases instituted di rectly with it or brought to it on appeal.

1'Pct.fu. 2f41. 'flH: Civil Service C..b~f.e. 118. The Civil Service ! .d..d.MISSION::3 B . a ART.QLIJ&J4mlli:... and carrying messa ges . rather.l. ts... certain basic requisites must be ful fi lied.. (J' M~r_it §. The civi l service has been established "as an unchanging carefully constructed instrument which is r eady for use by whatever political party may happen to form the government of the day.1957 )..e~fJ. 58.A. Indeed. Such manifold tasks lmany of them purely clerical.!!£~ .of admini.hlic__ s.~2 _c~~t_ The executive busi ness of running the country and of advising the rulers of the country is a matter fm.J If the civil servant is to dis- 'F.. Ogg.er du Sawtoy . wnrk for a merit-based civil se n ·i{·e .erx.!:e. <~> f. 654._iti.. p. otherwise.c. there r.~es ofa.hcd in 1900 by Act No.!Y.'''' Basicrequis.3JCf. ·'1970 lJPLC Comtitution R+~v i. civil service.Sec.c. (see Sec. . the r ecruiting of competent and h onest civil servants cannot be expected.fgyygnu _n.:.ion Projoct.~.PJI .iyst~m manda ting the appoi mment and promotion to government pc)sitions according t o ID{'l"it and lhrough comp{'tith·e exa m inations as far as pmcticablc.li~ . It cannot be learned in a few weeks by the casual supporters of any new government. cit .niD_g_and compet~....Q}. pusses~.siti~_taak.s.W. all so) fall.. "~ Purpose of providing a civil service system.n~c~s~?.JJ:~t:uil t. .·icc in the Phili ppines wa~ first cstabli:.tll. T. have been entrusted with the reins of government with much of the information required in shaping and enacting policies on a mul titude of subjects. fo r the time being.! Ci vil Sen·ir. fi of t h e P hilippine Commission t:ntitled -An Act for thc Esta blishm(:nt and Maintenance of an Efficient and Hone:-.lli~d.. ' The ci.. JQ _fqrm.s siQI.-~tain .L-.:e in the .gr.Qnts __ ilie. to t he body of officia ls and employees known as the permanent.. 1X.an be no denying that without the a ll-pervading and unremitting work of the civil servants.h~ cht~~ mo. (2) It is this great body of men and women that translates law into action from one end of the country to the other a nd b1·ings the goYernment into its daily contacts with the rank and file of the citizenry. p.ornmiAsion 289 mails. .. "government would be only a jumble of rules and regulations suspended in mid-air. but many othe rs not a t.COI'\STITUTIO NAL COM. ~...J.iyil ~er.The other requisite is that th e civil service mu st be politically nl:!utl·al. without force or effect upon the people. op.J. It is likewise this reservoir of experience and knowledge that furnishes those who.specialists.t.Philippine Islands .I t is esse ntial that appointments m ust be made strictly on the basis of merit and that the persons appointed enjoy security of tenure...Y8t:i11lU. p .mi. .tfring__the affairs Q... .. .mQ.Oml2lex and diver.yi~~~Y~~~-~· For a civil service system' to be operated succei'isfully. It provided the frarn<.•il ser.

8 SEC. taking into account the nature of the respon· sibilities pertaining to. 4-0 cha rge his duties faithfully. and the qualifications required for. All public officers and employees shall take an oath or affirmation to uphold and defend this t. . including those in government-owned or -controlled corporations with original charters. 5. 654.) in fixing the rates of compensation allowable. Oath to defend and support the Constitution. he should not be beholden to whatever political party is in the saddle. Under the provision.. and the qualifications required for their positions. legislations granting would be unconstitutional. t he Constitution directs Congress to provide for the standardization of the compensation of government offici als and employees.d in th e case of employees in government corporations. VII. -. It may be t a ken before a ny person authorized by law to adminis~er oath. (1) Salaries to be fixed by law.290 TEXTBOOK 0~ TH E PHILIPPI NE CONSTITUTION Sees. impar tially a nd efficiently.To solve the problem of salary dis parities in the civ il service system which have been a sour~e of dissatisfaction and dissension for many governmen t employees. The requireme~t as to the taking of an oath to support a nd defend the Constitution is a standard provision in con~:. An equitable and r ealistic salary scale based on 8 See 1970 UPLC ConRtitutional Revision Project. ) Section 4 includes empl oyees among those required to take the oath. The Congress s hall provide for the standardization of compensation c f government officials and employees. including those in government-owned or -controlled cor porations. Standardization of compensation. SEC. 1 /bid. they shall no longer b e the subject of col lective bargaining agreement with the management of such corpora tion. p .titutions. p 6613. . In view of the a bove provision. the oath of office must be taken before assuming the position or office or before beginning to discharge the duties thereof.Congress shaH t a ke into account the nature of the responsibilities pertaining to. 5. Section 5( 1) of Article XVI imposes the same requirement on members of the armed forces. 4.:!onsti.tution.!cial salaries (2) Matters to be taken into consideration.' (see Art. the positions concerned (Sec. 5. s p~. This means t hat thei r salaries shall be fixed by law ar. Sec.

ca bul<~ry of AmeriC<1n poli t ic.s. IX. 6.. jncluding government-owned or -cont rolled corporations or t heir s ubsidiaries. integrity. <111d means an clediv<! official wb o i:."l SEC. 7. a gainst the so-called "poli tical lameducks. no appointive official shall hold any other office or e mployme nt in th~ Governme nt or any subdivision. be appointed to any office in the Government or any government-owned or ·contr olled corpo· rations or in a ny of their subsidiaries. progressivene::..Sec3.se of the salary scal ~s of ofii eials and t:!mployees of the National Gove1·nme nt other than the officials m entioned in Section 17 of Articl e XVIII whose annual salaries have been fixe d by the Constitution. .li ling in his bid liH· r·c-election. Ineligibility for appointment of defeated candidate in an election. efficiency. The Civil S~rvice Com mil"~ ion 291 the principle of equal pay for ~qua! work for all government employees is another essential facto1· for promoting "morale. A can didate \vho has lost in an election js likewise disqualified for appointment or reappointment to any office in the government.· CONSTTTlJTIO!':AL C:OM. This practice of rewarding defeated candidates is defini tely a tra nsgression of the will of the e lectorate in that the candidates they did not wish Lo hold public office~ are rewarded with an office after their defeat. SEC.>oliticul intl u!:ncc.. or in any government-owned or -controlled corporation. within one year after s ucb election. me rel y rom ple t ing hi. agency or ins b·umenta lity thereof...'' Sect ion 18 of Article XVl li (Transitory P rovisions) speaks of inaea. The provision i::. directed agai nst all defeated candidates hut more particularly. 6 ·7 ART. No candidate who has lost in any election shall. including any of its subsidia r ies within one ( 1J year following such election. The purpose is to sto p the practice whereby one with political connection aspires for an ch·ctive position with the hope that e ven if h e should lose he could still be appointed to a n office or reinstated to his former position in the govern ment.YIISSIONS H. term whi ch i R abou t to ~~xp ire with the concomitan t los~ ofj. ~fter f. and courtesy in the Civil Service . No elective official shall be e ligible fo1· appointment or designation in any c apacity to any public office or position during his tenure...ponsiveness. " !c rm taken fro m th~· . re:'. Unless otherwise a llowed by law or by the primar y functions of his position. ''I'he term "lru:ccduck': i.

(Sec. 1987) authori:tes the holding of other government offices or po~itions by me mbers of the Cabinet. 81. The prohibition is more strict in the case of t he President. 8. XII. VI. 1 Executivt: Order No. it enhances the chance of others for holding public offi ce.1]. (see Sec. 2). (see Art. any elective official is disqualified for a ppointment or designation (not from being a candidate or being elected) to any public office or position in the government. und ersecretaries. the n eed for more checks to avoid the possibility of abuse and conflict of interest in the condu ct of t heir office. Sec. 4[ 11 ther~of.enur. <issistant secretaries. An a ppointi ve offi cial may hold any other offi ce or employment in t he government. 8 . ). the prohibitjon does not a pply even in the absence of an e nabling la w. 20. (see Ar t.e t he so-call ed "J!noils systew. i was delet ed. lJ. 1 thereof. II. Th e rule aims to remedy the problem of appointive offici als holding multipl e positions which prevent t hem from devoting full time to their principal function s and result in double or multiple com pensation . employment only when specifically authorized by the Constitution itself. 284 (J uly 25. B-Sec. Art. Sec. VIII. Vice-President. whether n ational or local .) These officials exercise more powers. Sees. including governm ent-owned or -controlled corpora tions. including govern ment-owned or -controlled corporations or their subsidiaries only ·when all owed by law or when required by the primary functions of his position.) A law allowing such appointment is void! He may be appointed pr ovided h e forfeits h is seat. Together with Section 6.292 TJ:':X1'HOOK ON THB P HILIPPINJ:': CONSTITUTION Sec. Sec. the pos itions m ay be t otally unrelated to each other." the practice by which public offices are distributed among the m embers of the victorious party.e.) During . In the second case {when functions a re r el ated).) In the first case {when allowed by law). h ence. 13. Sec. XII .his__t. Art. 9f. 3[par.) Prohibition against holding more than one position by appointive officials. VII. 13(par. . Section 7 applies to all officials other than t hose mentioned in Article VII. double or indirect compensation unless specifically authorized by la w. 1]. They m ay hold any other office or.) 1The phrase "unless otherwit:~e provided by law" in the 1973 Cons ti tu tion p rovision (Art. Sec.ain conditions. 13 (par. the appointive official is not entitled to receive additional.2 In any case. (Sec. It contravenes Section 13 (par.xecutive Department under ccrt. in off1ce (not term of office). and their relatives and supporter s.) of Article Vll. the members of t he Cabine t and their deputies and assistants.par. (see Art. 2[1]. 1. 7 Ineligibility for appointment of elective officials. Section 7 seeks to minjmiz. and other appointive officials of the E.

s..tyj!. _m~~l !!U9VXP. double. double.CONSTJ'TU'l'lONAL COM~USSTONS B. the prohibition applies only to appointive officials or employees.ll. 421.h! §~rv. 665. ~.cludes other persons from the service. Jr.lli. or indirect compensation has been incorporated in the Constitution. The Civil Service Commist. •..~tric lig.a. Prohibition against additional.~er." (Lexal Laborntorie.e<t .addition ul com p~n. each of which has its own duties and compensation .e. ' V. or indirect compensation. 1968.. . 8. concealing from public notice the r eal compensation of a govcrnml:!nt officer or·em· ployee. £. _QLQlr. office. and (3) There are ~-difil j.Qffi. double or indirect compensation to a particular officer or employee is speci{i~Q.l) The payment of additional . 5 The prohibition is aimed against the giving of extra compensation by executive or administrative order. No elective or appointive public officer or employee shall receive additional.ee wa._di~.c. p.<:!. where a subordi nate because of his other salary. The constitutional prohibition does not apply where: (. or indirect compe n sation.ti9~-.. ~ 1970 UPLC Constitution Revision Project.o.h_Jmthorized by ~' nor accept without the consent of the Cona:re!!§.authQ[j_~d _Qy_~ (Sec. or indirect compensation. 26. (2) The additional compensation is received not from the goyernmeot or its entities.r _na.J2CI.a.f. Workers' Union-I'AFLU. .t. This provision 1 is designed to counter the evils of dvuble compensation..) ·'Sadueste vs.l!?ffi.. "[tis "daily allowance" given "for each day an officer or empluyee wat!i away from his home base.r. double.<>r. ~ (2) It may likewise produce confusion and even irregularity. 8 ART...tillt. vs. double.e_ . In order that the people may know the real compensation of an officer or employee. or title ~f'an_y_kind from any foreign government.. 485.~.. receives a higher salary than a superior.m:. IX.~.:t.ru:Lshall not be considered as additional.r . p.t.C§!U®s.. it is necessary that the salary be from one definite source .. Exceptions to the prohibition . ens. Mun. in the case for instance. .m~. 8. NAtional Chemical Industrie. emolument. Oct.Sec. op. and results in inequalities in compensation. cit. 4 :< Q~Hu. the a bove prohibition against additional.l~~.ion 293 SEC. 72 Phil.iOllS_O.3 For this purpose. ) in individual instances where t he payment of such compensation appears not only just but necessary. double compensation produces unemployment because it eY. .P-t.§.. un: less specifical. (1) Specifically.ttc. Since.. of Suriga. in which case both may be held by one person at the same ' 1Under the 1935 Constitution.. L-24632.G. %D. any pt·esent.

.._ The pr ohibition a gain st the acceptan ce of any present.fa. t>p cit.offi cia! of the elliliP. 12 C.thc_ru.!l. 705.. Ozaeta .JtqgitioJl..m.. ~:r~ ~-.eimissjble.fu.l2rlv. M¥.294 TEXTBOOK 0~ THF.. par. 2..li..t~.Ji..refers to _ qQ_ \J_ Q.<lL.Y~lJ11n. l}s.l.J!.lH i. ~.._i~i-~s ~ re n ot co.:j~dir~-~t. ~ 1 Jni ted .la_w_.p. a retiree who is re-e mp loyed in th e gove rnment may continue to r eceive h is pensions in addition t o his compensation. prohibition. therefor·e.LC!..6 The.t.1e. emolument or official title of a ny kind from an y foreign sta te or g overnment~ is founde d in a just jealousy of alien influence in domestic affairs .&O.erao. a ccept a gift or title fro m a foreign gover n m ent without r unning a foul of t h i:: prohibition.th~~l an: aJ.tl>!~!~n .uble_ap. i<\. THE COMMISSION ON ELECTIONS SECTION 1.IWsitiun Qol_y__ i\~C is s pecifi~ a uthorized by .f~:n ~-~~-Q.e.sa~~!l · For purposes of the prohibi tion ..g:o. shall be m e mbe rs of the Philippine Bar who have bee n engaged in the practice oflaw for at least ten years.9 The purpose then is to discourage and preven t fo reign influence in the rffa irs <>f our govornment .d.. 807. Si"co.r~_thmu:m ~ __q_ffi ce. including the Chairman.i. ..~~J. a majority therecf. Limit. and iram. at least thirty-five years of age.dis. 20 IJ.?..@ J I.t.u..tl}.5!.a fonii gn. 10 ~ . H9.-~~J!l~I}.r. (1) There shall be a Commission on Elections composed of a Chairman a nd six Commissioners who sha ll be natural-born citizens ofthe Philippines and.!11g_~ins_t a!t. and must not have been candidates for any elective position in the immediately preceding elections. Con st . Soction 9( l j of t h e 1935 Con~titution..r~t.a._c_ w .. However. 12 1970 UPLC Cons ti t ution Revision l'roj(!Ct.~ Ql. ~Q\l.secQnd..\_~_j~­ ([b id.h.m_o. pub_ l ic officers_ a nd employees. J H ence.he performanc~ _of.oe of their appointment.at~ .ruHLUQt...~eil~-ot.~w . 126. Sta tes vs._J.l.:. R~_pj.Qi.s. '°Cooley. PHILIPPINE CONS'l' I. Sa u nd~rs. He is..9. .aurcl.~~ta'l~e of _SJ!Y.l_Ql. 8th ed...__ .le compen.TUT!O!\ s~c .an.~.Qffic..ntign state. in the eyes of the law. holders of a college degree.9. b ~ th..r~J_gn -~. 1 1 The prohib ilion is directed only ~gain st.~. pxohibit..!J~~-Q!l1?. at the tir.f. tQ_the . "This portion of ihe provision was formerly fou nd in Arti cle IV (Bi ll of Ri ghts). ~Quim~on v t<.ic. 0See Ma lcolm & 1.PiQ~..t:...G._9_Lgra. p. 1 time ..t~che.the Q(fi£er_m~y .fl~ _gf.. 9R Phil.n ..naUift.: 7 Jlui..u io.QI_p..th.~nl9. P. cit.mm.. 64 5.P.L9t1'gE..a k j D i or head ...ern m ent.1r. P n·sidenti al Dee re~ ~o . op .o.ferrcd t o Article XV <Gener a l Provisions).. . p.is.fO. 440.d.. "V.I:. 702 . p.ointments and. Section 5 of the 197:~ Constitu t io n. A pri vate citizen could... . Sec Sec.. Jne~~llt: .S. PJ:Q. t wo office rs . 46 .

The Constitution requires that a majority of the members.1ind by its members in the face of the feeling of public distrust towards this agency because of its alleged partiality and partisanship in past elections and the massive frauds and poll-related \'iolence that attended them. It is comp0sed of a Chairman and six (6) Commissioners. lll]. (3) They must be at least holders of a coll(~ge degree.members of the Philippine Bar who have been engaged in the practice of law f(. Qualifications of members. The 1973 Constitution increased the membe~ship from three (3) in the 1935 Charter to nine (9) on the theory that it would make it more difficult for the Commission to become the "captive" of any political party or group or any person who might be interested in the Commission deciding or taking action one way or the other. The Commission ou Elections 295 (2) The Chairman and the Commissioners shall be appointed by the Presidentwith the consent ofthe Commission on Appoint· ments for a term of seven years without reappointment. In no case shall any Member be appointed or designated in a temporary or acting capacity. It was held by many that the bigger membership of the Commission. 1 'rhe new Constitution opted for a ~~Y~P.r at least ten (10) year1-.collegiate body. (2) They must be at least thirty-five (35) years of age at the time of their appointment. IX. Composition of the Commission on Elections.ill~.) Apparently.Sec. three Members shall hold office for seven years.. two Members f. and (4) They must not have been candidates for any elective position in the immediately preceding elections. the reason for this requirement is the fact that the Comndssion exercises quasi-judicial powers..D. including the Chairman. . They are: (1) They must be natural-born citizens of the Philippines.ced. the less likely it was to be "bought" or influen. and the last Members for three years. 1 1970 UPLC Constitution Re\'bion Project. Of those fil'st appointed. without reappointment. p. In the final andysi8. must be . and independence ofr. (Sec. moral character. Appointment to any vacancy shall be only for the unexpired term of the predecessor.-.>r five years.CONSTITUTJONAL COMMISSIONS C. . what is more important than the size of the Commission on Elections is the possession of the qualities of integrity. 1 ART. 576.

cit. As previously stated. It is an independent administrative tribunal. •\'. the people f(~presen t the sovereign power of the S tate. The intention is to place it outside the influence of political parties and the control of the legislative. three (3) shall hold office for seven ( 7 ) year s. The contin uity of its tenure as a body makes for greater stability for its policies and decisions and serves as a guarantee against arbitrary action which is likely to occur in a body handling partisan question s.) Purpose of the Commission. op. p. :iH2. initiative.. .!xecutive.) T his sovereign authority is given expression t hrough the exercise of the right of suffrage by the qualified voters. 2See 1 . and r ecall. (1) V. and j udicial organs of the government. Of the Commissioners first appointed. The Commission on Elections is organized for that purpose. (see Art. A member appointed to fill a vacancy shall serve only for the unexpired term to prese1·ve the staggered terms of office.G.G. without reappointment.rity of elections is on~ of the fundamental requisites of popular government.. V. 2. The Chairman and the Commissioners are appointed by the President with the consent of the Commission on Appointments for a term of seven (7) ye ars without reappointment. referendum. and the last members for three (3) years. co-equal with the other departments in respect to the powers vested in it:1 SEC. Sinco. in democracies. Sinco. The Constitution likewise provides. plebiscite. for a staggered term of two years interval. The Commission on Elections shall exercise the following powers and functions: Enforce and administer all laws and regulations relative to the conduct of an election. It has been obBerved that this st aggering of term also makes th e Commission a continuing and self-perpetuating body a nd consequently. The pu. l mperial. l Oa Phil. (Sec. Abcede vs.. 1. 2 Appointment and terms of office. 136. as in the case of the members ofthe Civil Service Commission a nd the Commission on Audit. Sec.~ Appointments or designations in temporary or acting capacity are also not allowed.296 Tf~XTDOOK 0!\ THE PHILIPPINE CO~STITUTION Sec. 1[2]. two (2) for five ( 5) years.:1 It is obvious that the sanctity of the ballot and the free and honest expression of the popular will can best be protected by an independent office whose sole work is to enforce laws on elections. c:it. p. op. its members would have the benefit of the experience of the older members in the performance of its functions. 576.

upon a verified complaint. and not appealable. in addition to other requirements. where appropriate.CONSTITUTIONAL COMMISSIONS C. and to prevent and penal· ize all forms of election frauds. and registration of voters. executory. for the exclusive purpose of ensuring free. organizations. political parties. after sufficient publication.&. returns.. provincial. (4) Deputize. or candidates related to elections constitute interference in national affairs. or refuse to uphold and adhere to this Constitution. Decisions. including acts or omissions constituting election frauds. when accepted. orde1•ly.from foreign governments and their agencies to political parties. final orders. law enforcement agencies and instrumentalities of the Government. except those involving the right to vote. in addition to other penalties that may be prescribed by law. coalitions.I}~ributiol). or coalitions which. investigate and. including limitation of places where propaganda materials shall be posted. and credible elections. (6) File. (7) Recommend to the Congress effective measures to minimize election spending. including the Armed Forces of the Philippines. honest. and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction. organizations. appointment of election officials and inspectors. and malpractices. and city officials. offenses. with the concurrence of the President. . petitions in court for inclusion or exclusion of voters. and nuisance candidacies. malpractices. Those which seek to achieve their goals through violence or unlawful means. Flm:mcial CQ. (5) Register. including determination of the number and location of polling places. or involving elective barangay officials decided by trial courts of limited jurisdiction.Sec. (3) Decide. offenses. prosecute ~ases of violations of election laws. shall be an additional ground for the cancellation of their registration with the Commission. all questions affecting elections. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. Religious denominations and sects shall not be registered. must present their platform or program of government. 2 ART. and. . and qualifications of all elective regional. The Commission on Elections 297 (2) Exercise exclusive original jurisdiction over all contests relating to the elections. or on its own initiative. IX. and accredit citizens' arms of the Commission on Elections. or which are supported by any foreign government shall likewise be refused registration.. peaceful.

or recall.9:v. 93 Phil.~.cJ.~cid.. (Sec..Q[J~{e.99. . EEQVin£i_111. Genuino. 3 T he power vested in the C ommi~:. or the imposition of any other disciplinary action.li9J. order. 1 t o cancel the canvass of election r et urn s of a Boar d of Canvasser s a nd order a new one where certain ret urns were illegally excl uded . 1962. 4 . 1!1 ~. Abendante vs. initiative. (9) Submit to the President and the Congress a comprehensive report on the conduct of each election.. or disobedience to its directive. officials . 2 .i~l functions.~~.e ~a...j?.e. etc.) Its purpose is to ascert ain the candida te lawfully elected to office..dM:.. referendum.~ . ). referenda a nd r ecalls which are not. or decision...J!~. 94 Phil.e r the· proclamation of the winu. r eturns.r.iJUl contests. "elections'' (Sec. 68G. Alvarez. L-5222. L-19200.1!'~tssio_f!. strictly s peaking.r .o. ..~Q ~~. . 5[2].ction ~.·---.l&.ti..Lof_~l~~t.~_g!gE-~1. ).s for iliwlid_gi\i -aiic[~~ID:ang~y otfiilli!i are-Und' e"r. Section 2 enumer ates th e powers and functions of the Comrnis· 'Sion.~.L c_ont~s ts involving z:. VIII .ts..~. Jan . Lugay. Powt. subject to appeal to the Commission whose aeJision s or rulings a re final. 3 Albano vs. The Commission on Elections pe_ r(orm. and city.~~~-~~~ ~~i~iiO. executory and not appeala ble.o-i>i·.~~ ~~· fl. 31 .l. the j urisdiction oLregianal J . the question being on th e elect iond. offJJ:i~l s are placed under the exclusive j urisdiction of the Commis sion on Elections . 2f l]. 94 Phil.-· ·-· - - El~c. o f k:1~a ng~.executive as well as i~~i. ~ e L h. 2(21. . .9JYn~!lof!s.n.298 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. initiatives..s .s:..~L. N ov..~~~~iO~· co~~!.sion includes the power to enfor ce a nd administer laws relative to the conduct of plebi scit es.. ~unicipa 1 t ri al caur. Sec.£.e. r·iot~ -that-el"e~ti~n~ontest. Rela t o.·. aw.. 1951.~ a nd to suspend t he proclamation of winning candidates pending an inquiry intn irregularities brought to its attention. De Leon vs. ' PrudentP. •Taule vs. or qualifications of the protestee.s. plebiscite . vs..£.. cited \n l<'elician<' v.rial ®1\!16. 6.. .-1!2 .£. it is limited to proceedings aft. whether or not t he contestant is claiming the offi ce in dis pute...~.Qf th~ .. to wit: (1) To .IJ. Santos.enforce l. . 744.o~J. .g~~~~r.The Commis sion on Elections has the power to annul or cancel illegal registry lists of voter s and t o order the preparation of a new one. The t erm also includes any contest involving the right to an elective office. r espectively.. subject to certiorari review by the Supreme Cou r t (see Art . 200 SC RA 512 . Imperial. m ade before the proclam ation of the winner .a.tfl£. 8. (2) To 4. 2 (8) Recommend to the President the removal of any officer or employee it has deputized. for violation or disregard of.There is an election contest when a defeated candidate for elective public office questions the r ight to said offi ce of one who h as been proclaimed elected ther eto.

.. _the right to cast his vote.d.. II.. gFO!()igJ1_ill~t. since such agencies are under his jurisdiction.t.ftc.ich includes qualifications and disqualifications of voters}: the right of a person to be registered as voter.Qr_ga_E_i_~ati_:>_~-~-~e not covered..te.!l9. etc.C!..!.fe.lt.U£s.refu.lW~. ·Support" includes any assistance other than the giving of "financial contributions''. or (b) seek to achieve their goals through violence or unlawful means. and prevent a strong party or candidate from taking U'n... Religious denominations and sects are not allowed to be registered as political parties in view of the vrinciple of separation between the church and the State.iz.$ _qff~ting_f:kcti.igg.~-~-~tim1~alLb~ s!_~~iged by the~urts. 6.) A.al.related t"o elections'1s a ground for th~ cancellation of the registration of a political party or organization. and credible elections" fh~ jo~t responsibility of the President and the Commission.fnvg_t?t.. The Commission on Elections 299 {3) To_d. -Note.rec.§..te. however. Jhe purpose of support must be political as to influence local politics. ensure the enforcement of the fair·and-equal exposure rule for political parties and their candidates.The Commission has no jurisdiction over questions involving thti_right to vote wr. it has also the duty to recommend measures as would effect more improve· ments on the election laws of the country such as those that would curb overspending.. that the deputizing should be with the cancurre. or (d) are supported by any foreign government.mer:ll ag_eacie:.~ptance of financial contribution§ from foreign governments and their agencies.-.....e. Political parties (in{ra. Sec. ~he validity of his ballot and other allied questions. (7) .fJJl.. ... offenses and malpractices. la. . sh. It can exercise these powers on its own initiative even in the absence of any complaint..ru:e.e.. This limitation seeks to make the holding of "free. Such contributions are declared as constituting in:terferenc. Under the Constitution..a. including limitation of places where propaganda materials shall be posted.Xa. .g{§.Q. orderly. Sl!~h.) which: (~) have no platform or program of government. 149.q....U £J.As the body charged with the duty of enforcing and administering laws relative to the conduct of elections.Sion on Elections..~dde.e.w_m/Qrs:e..~<. it may only involve financial contributions. ~Nacionalista Party v. or (c}refuse to uphold and adhere to the Constitution.on.'..B. This provision is one of the reforms intended to make our political system more responsive to the needs and demands of the times. IX. 2 ART.e in our internal affa!p.'...PresideJ. nuisance candidacies (candidate has no bona fide intention to run for office}. 84 Phil..Q.Sec. peaceful.'Jl.d_registratioll.. (4) '[Q. honest.. and accredit its citizens' arms._ Commi!.alLhe. etc. (Art.. it has the power to prevent and penalize all forms of election frauds..i_t~ti!Jn_§_a.. (6) ToJi_l'!__E(}_titio.§.!l:.af the.CONSTITUTIONAL COMMISSIONS C..am~.rti.9. Citizens' arms accredited by the COMELEC are supposed to be completely neutral and non-partisan in assisting the COMELEC in the conduct of elections.s.pJ:J:lS£CJJ.. -The powers given to the COMELEC under Section 2(6) are new.s/&pu..I.iiQTJ.'!!.due advantage of the weakness of the others. .. · (5) . or other similar acts.

). Administ1·ative Code of 1987. ~This does not p~cu£w. 7 and (10) J.. among others. As to the officers and employees appojnted by the Commission.P. The President may or may not follow the recommendation of the C~mmission.t-!'!~.r...!Q..l!.~n.r. may refuse to give any information at all to other branches of the governm~mt. Section 2.!Y and not appealab~.?. 881.) 8 7 .£~. (see Rules of Court. orders and instructions.Under present law. etc.em. 581. (9) J'. the Commission.s_.~l~~ _?~~Il. Those involving elective regional." .f!_!. and (d) To carry out a continuing campaign to educate and inform the public on election matters.l!J!.... initiative. 1. Howt!ver. plebiscite.Qf!lsi~~.ving powers and functions: (a)· To exercise supervision and control over national and local officials required by law to perform duties relative to the conduct of elections. Commission on Elections shall be fi.. because of its independence. the Commission has also. 30 days) unless an appeal is made to a higher body as may be provided by law or the Constitution.r:. it can remove them for cause.. provincial.fi~nary action.t. E"-ec. ahw.. were violated.~tj~~Lm.i­ ~_l .) F:inality of dQcisions.!!~J. Under Section 2(2). The Commission may also make recommendations with respect to flaws or defects it has discovered in the enforcement of the election laws. and honest elections. b. free.Ub!r~.mlic. of the Commission instantly becomes final after rendition.: A decision usually becomes final after a certain period of time (e. Order No..QrJ7-er:_[ynction. 8.m. Sec.g. the follm. (b)' To promulgate rules and regulations implementing the provisions of the Election Code. (c( To enforce and executl. the decision.Wurisdictio:n of the Supreme Court when thl'l"e is grave abuse of disct·etion. referendum.it . p. Section 52. 2 (8) 1'~m!!l~11rfi_ reftJJ!.SGO TEXTBOOK ON THR PHJLJPPINF. Book V.. Big. 1970 UPLC Constitution Revision Project.e <·' ~~EP~~!~~ . it is unlikely that he will disregard the recommendation of the Commission.:. and the necessity for clean. Subtitle C. where the election contests involve el~.e._'Qpe_~ff!..~ :t>ar~~g~y_. and city officials :may. l{ule 65.DL. See the Omnibus Election Code (B...~rt. Without the provision. since the deputization was with the concurrence of the President. the decisions..rar. 9 '·: . 292. --· The report required should contain a description on how a previous election (regular or special)... if any. orderly. or recall was conducted and what laws or regulations.~ (see A-Sec. CO~STITUTION Sec. q~mr~. final orders or rulings· of the ~"' . Under Section 2(21.!!L.l its decisions..

Sec.. it. including pre· proclamation controversies.iolence oti:~unlawful m ean~:: or refuse to nphotd. thus precluding any furth er litigation between the same parties or their successors-in-interest C()ncerning the same.~tim! ~_f.5J. 1:t The role of the Commission on Elections insofar a~ r egi::.t. 1971 Constitutional Convention. Rationale of registration of political parties. If the State is to extend equal protection to all political parties.!U)Qli.) includi ng pre-proclamation controver sies 16 11 S ponsorship speech. 2f.....J.. Aldequer... it is essential that the State s hould know and be acqu ainted with what they stand for.e.r.de.gh .. (Sec. Del.tra tion is concerned is purely ministerial/·~ i.. S. Such decision leaves nothing for the Commission to do except to execute or enforce it.recon!i.c.) Because ofthe important role of political parties in our d emocratic society. therefore. .·er.sl.. ' 2Sponsorship speech.'J:Q. Howe. Ortiz.siona. shall be . A.S. 19'. S.'71. . 10 Registration is the means by which the go\·ernmc nt is enabled to supervise and regulate the activities of political part ies.lcctions ao1 A final decision is conclusive upon the parties. its duty to accept the registration is definite and mandatory. which it must perform ~· ithout any powe r to exercise its own judgment or discretion. L·4 7'. Fajardo. it is essential that the State should regulate or super vise t hem. ~> ~~u~_dmominq. Del P.9. 3 ART.E_thejr.Y1arch 11.titutiona l Co nvention. cannot be appealed to the Supreme Court. etc.!t_~re _ t_e>.g_§. All election cases (see Sec.. terminates the matter at issue covered by such decision. R. CO~lELEC .T. IX.~nd sect §hall b~ regif!~!.the. and shall promulgate its rules of procedure in order to expedite disposition of election cases.~9.1tion.­ ~!Qn.ru. Peralta vs. 3.MISSJO~S C. how they are organized. SEC..decided by the..tiQn.kl. T he Commission on Elections may sit en bnnt: or in two di\·isions. •sSponsor~>hip speech. All such election cases shall be heard and decided in division. provided :that motiona.e. how they operate. 11 It is also intended to inform the people of the parties' existence and of their respective programs of government to enable them to consider wi::ely to which party they should pledge their support. Tht Cummi!lsion on F. The Commission on Elections may s it en bane or in two divisions.uartr~ tho. Del. ell Jum&. 1971 Con.fltnment. 2[2]. i.'5._CQnilitJ.9J.k.C ommission. Hearing of election cases.e which seek to ~.l... -· CONS'I''ITUTIONAL COM.u. 1971 Constitution••) C<)nve.~.fo.gQaLth. ._or which are :<:npported by any foreign ~Y.ci.c.Y.t. and. .

Section 4 applies to plebiscites.302 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 5. .t (see Art. {see Sec. 4. No pardon. 3 thereof. fix a period for the rendit ion of decisions for election cases. including any government-owned or -controlled corporation or its subsidiary. C·Sec.-However.) Not infrequently in the past. or suspension of sentellce for violation of election laws. The provision seeks to place all candidates on more or less equal footin g in making known their qualifications and platform s a nd their stand on various public issues a nd equalize their opportunities of winning at the polls. or concessions granted by the Government or any subdivision. 1 SEC. 1Under the 1973 Constitution. Regulation of public ujilities and media. amnesty. April 3. and regulations shall be granted by the President without the favorable recommendation of the Commission. supervise or regulate the enjoyment or utilization of all fran· chises or permits for the operation of transportation and other public utilities. "all election cases shall be decided within ninety (90} days from the date of their submission for decision!' (Art. rules. all grants. by legislation. parole. special privileges. and credible e l ecti ons~· and only during the election period. 1 U nited Democratic Oppos ition IUN£D0l vs. 9. ) Note that governmentowned or -controlled corporations are among those that may be supm·vised or regulated by the Com mission. honest. media of communication or information. The above authority given to the Commission is to be exercised for the purpose of ensuring "free. or instrumentality thereof. and space. and the right to reply. and credible elections. peacefu l. orderly. XVII .) 'SEC. honest. time. motions for reconsideration of decisions shall be decided en bane. XU. orderly.. peaceful. equal rates therefor. 1981. agency. The Commission is empowered to promulgate its rules of prucedure in order to expedite the disposition of election contests. Such s upervision or regulation shall aim to ensure equal opportunity. for public inform ation campaigns and forums among candidates in connection with the objective of holding free. 4-5 shall be heard and decided in division. The Commission may. dela ys in the rendi tion of decisions had allowed the wrong men to occupy elective positions for practically the entire t erms of the office so tha t the people's wi ll was thereby nullified. Congress may. particularly to one relative to constitutional amendmcnts. during the election period. including reasonable. COMELEC. 104 SCRA 17.

labor. Sec.d'_ sentea.R. and Electoral Reforms (1923). 19.) This constitutional policy of 1 2 See Brooks. 6. March 11. and other sectors presenting or supporting candidates in electionsr Free and open party system. VII. It is different from ff:P!:~~ (see Art. 14.. Political Partie. he shall be imprisoned.vensifJll. amnesty (see Art. parole. Paro~ is a method by which a prisoner who has served a portion of his sentence is conditionally released but remains in legal custody. subject to the provisions of this Article.. etc. The Commission on Elections 303 Pardon. 6 ART.'' (Sec. It provides that ua free and open party system should be allowed to evolve according to the free choice of the people x x x. A free and open party system shall be allowed to evolve according to the free choice of the people. COMELEC.&. as the most immediate means of securing their adoption.Qtiticq(_par.lisbehavior. -The Constitution encourages the development of more than two political parties. ~~~ the postponement of the execution of a sentence for an indefinite time. A sus. Sec. 1978. . or suspension of sentence to violators of law or rules and regulations concerning elections.Y may be defined as voluntary organization of citizens advocating certain principles and policies for the general conduct of government and which. L-47771.) in that the latter postpones the execution of a sentence to a fixed or definite date.. The term has also been defined as "an association of voters believing in certain principles of government form~d to urge the adoption and execution of such principles in governmental affairs through officers of like belief.t. 1 The chief aim of political party is to gain control of the government. p. 6.. of violators of election taws . IX. Meaning of suspension of sentence. Meaning of parole.c. VII..CONSTITUTIONAL COMMISSIONS C. designates and supports certain of its leade1·s as candidates for public office. A. Meaning of political party. urban poor. A parole does not pardon the prisoner. who may belong to his party or for political reasons. (1) Growth of political parties encouraged. 19. .).~The purpose of this provision is to avoid any possibility of the President granting pardon. SEC."2 It includes organizations which are ordinarily non-political such as those of farmers.Sec.. the condition being that in case of r. Peralta vs. women.

Neither does it prohibit a t. therefore. Such system. tlw multiple party system is actually a fc1 r m of deception becaus e once the election is over.sts in the pa rliamentary form of government (e. one being in control of t he political organs of the governme nt. .304 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. R. .o£ lle. does not expressly mandate a multi-par ty system. the Nacionalista and the Liberal.f!.1gave them a tremendous built-in advantage over minor poli tical parties and independent cand idates who did not enjoy t h e same right.the executive branch.aonalitie. 8.~lr.. 5[1.the majority party or the party in power and the dominant minority or opposition party.akened t h e int egrit y of ou r politica l party system and prevented t he growth of political parties into ideologically-based public institutioM . It merely removes the constraints on a freely evolved party system. Sec. then and now. in effect. There is . Coa lition of parties inheres in the multi-party syste m . is the personality of t h e preside n tial standard bearer or party leader a nd his charisma.).3 (see Art.party system in our country . the t..titution !Art. This ph enomenon h as further w~.wo-party system. cl. Belgium. C-Secs.) of electing r epresentatives to represent sectoral interests in Congress is also expected to pave the way for the full operation of a multi. alth ough it. In "a free and open party system . Their membership in th e voter~:~' regis t ration hoards.the Conservative and t he Labor. parties which lost or the minor it ies in Congr ess join t he a dministrat ion party in a coalit ion or a lliance t o stay in power. with the latter charge d with the t ask of cons tructive "fi~~~J!~~~ on:' of the former . No. giving rise to wha t has been called a ''. is not mandated in the L'S Cons titution. II. 6 F r om t he inaugu r ation of our Republic in 1946 up t o t h e declara t ion of martia l law in 1972. allow the format ion of as many political parti es as can win popular support in any district all over the cou ntry. a nd the other h tiving the second largest share of political power. the variou::.cd to ame nd the Constitution in order to provide for t he adoption of a two-party s ys tem. 2]. the body politic was alt e rnately u nder the domina nt hold of the t wo existing major politic~o~l parties. thus per pet uating dynasties on both sides.g. etc. VI ." the people may prefer a two-pa ny o1· three-pArty system hlter by supporting particular parties and their candida tes.. t h ere are sma ller parties vying for political power bui th ere are only t wo big in fluen tial pa r t ies. (see Sec.y syst em . 2. 6 "The very purpo.l.r. Xll.id. wh ich were r eally two factions of the same party.an. Switzerla nd ) where there is a sharing of governmental power by a coalition of parties because no single political party is str ong enough to exercise control.§" in either party which found it unnecessary to present a distinct political ideology or platform of gove rnment. 8. 26. British politics is dominated by two parties . •In a t wo-part. 7941. 7 ..s~ of the party-lisl is to promote multi-party system.~ By law.B. 9[2J ther eof. lis practised in the Un ited States.) This system usua lly exi.wo par ties monopolized elections and took t urns of governance to the exclusion of a ll t h e rest. i t cou ld likewis e be his win n abilit y and the promise of political p atrona ge. From t he pra ctical point of vi ew.) The 1987 Constitu tion.} The pa rty-list m ethod (Sec.Qn. To those who favor the restoration of the t wo-party syste m. eli minated the two-party provision of th e 1973 Con:.ulip~r.4 The result was a syst em wh ich worked to place political power under the virtua l monopoly of two pa rties.Qt.p.. (see Sec. however. no nP. (see Ar t .ul...The 1935 Constitu t ion created a n inflexible t wo-party system.A.Q.E1!i. Sec. particularly at least. 5 The principal re ason for party affi lia tion. 6 promoting a t least th ree (3) major political parties will.~' or '!palitics. It has evolved ~ the course of time a s a res ul t of a practica l need and pop u lar preference. (2) Experience under the t wo-party system.

2004 national elections.~a. making it a formidable component of our political culture for such a long time. The ruling part:• Kilusang Bagong Lipunan (KBL). Cf3·) A multi-party system.) The greater the number of candidates. PRP.. notably in the United States.:.. IX.r.o f(. 10 plllitical p.san para sa Kinabuko. including two (2) coalitions of fou1· (4) parties fl\'P. This means that political contests will be open to all groups regardless of ideologies. -The two-party system has become a tradition under the presidential system. ng Pag·a~<a lPag·a. l.·ote. ng Katapatan at Karaha. 1986. 1998 national elections.Jo!i-. the mOl'!:! dominant aili<inr~~. howeYer. (see Sec.date. If allowed to compete in an open constitutional arena. If it has worked successfully in ~orne countries. Worse.lllPl.r 24 seats and numerous bets for congressional and local posit. candidates (one withdrew on the eve of the election) for Pr.~r. including the Communist Party heretofore listed as an illegal organization for its advocacy of the violent overthrow of the government.-:d"nt in the :vtay 11. and Fernando Poe . Our country had become trained and experienced in the two-party system. the development of more parties makes the political climate more democratic. (3) ~. Under Section 6. e.ed seven (7) presidential teams. the probability is that the winner may get less than the majority vote. all political parties are given equal opportunities to compete for the control of the government.t three (3J g1·oups of political parties. restoring the constitutional policy under the 1935 Charter of promoting the establishment of a strong two-party system.. the legislature may be so seriously fragmented that no room for common agreement may be found among the different pa1·ties.ion!l. ()!. 2l5J. The ] 973 Constitution originally provided for a multi-party From the declaration of martial law . namely. over WO senat. Tn the May 1:1.•Jr. ~-:-o cana.j~g. Alyan. President Gloria Macapagal-Arroyo.< were elected to t.. the wider the latitude of choice of the electorate and the less hotly contested the election than in a two-party system where oftentimes only two persons vie for the same seat and campaigns become highly personal.r..all in all. ~PC..an. . . 6 ART..\ :.·ernmer.TIO:-:AL COM:\HSS£0NS C. can lead to ~talemates and secret arrangements when no single party can obtain a clear majority in the elections.until th~ ouster of former President Ferdinand Marcos in February. . there seems to be no reason why it cannot be made successful in the Philippine~. is claimed that multi·parties are fit for the parliamentary ~y:Hem where the Prime Minister is elected by the :-:~embers of Parliament and can only be incompatibly applied to the p1·esidential system where the President is elected by popular .DP. The Commission on Election~ The 1973 Constitution adopted a multi-party system but it was amended in 1981.. KBI. In the M~:~y 10. the country had a prattically one· party system. 1992 synchronized national and local elections..ed by their .ch of them composed of at lea!.8an lK-4).nd demeriJ~. Lakas-NUCD) present..t except in 1984 when a number of opposition candidate.. Raul Roco. There were 11.. LABAN. 87. LP-PDP.kaisang Pilipi!lo (K. included the K·.: Pamban~a.tand<~rd bearers. and Koalisyon ng Nagka. thereby beclouding the real issues involved in the elections.e.. ~:onlrolled almost all elective positions in the go. respectively.CONST£Tt.) On the other hand. it perhaps would foreswear violence to capture power. It. Where there are se\·~ral p1·esidential candidates.Sec.a .orial eanclidat..hc Bat. which were rcprcsent..

Thus. 7 system on the theory that with such a system. Thus. block voting) are not valid except as provided by t he Constit ut ion under th e party-lis t system (Sec. . (1) Concept. (3) Sectora.Under the party-list system. (4) Voter has two votes. is "no vote cast. if a part y r eceived 10% of t he votes cast. SEC. 2]. organization or coalition (i.) The rul e. 5[1.Votes cast in favor of a political party. . th er efore. The party-list system institution alizes for the first time sectoral or functional representa tion in the lawmaking body in addition to territorial r epresentation by congressional districts. 7. hut the party itself.entatives. No votes cast in favor of a political party. Political parties which obtain a sufticie nt percentage of votes cast will be allowed to name th eir r epresentatives to th e House of Representatives.With t he pa rty-list system. Candidates of se veral parties espousing parochial views may draw t he people's attention away from mor e impor t ant national issues. (2) Votes cast for political p arties.no vote count" except on ly votes cast under th e party-list system. (4) Need for a strong opposition party.e. elections would be decided on issues and not on personalities.list system is a mechanism of proportional r£!presentation in the election of representatives in. Sec. people will not vote the name of the nominee of the party-list. it will get 10% of the seats allowed for par ty-list repre::. the House of Repre· sentatives from marginalized or underrepresent ated national.party system. organization.l or functional r ep resentation in stitutionalized.:306 TEXTBOOK ON THE PHILIPPI NE CONSTl'rUTlON Sec. regional a nd sectoral parties or organizations or coalitions thereof registered with the Commission on Elections. (see Art. -In a r eal democracy. The number of representatives depends on th e total votes obtained by such pa rt ies. It is part of the electo ral process that enables !'>mall polit ical pa r ties and m arginalized and un derrepresented sectors t o obtain possible r epresentation in th e Hou se of Representatives which traditionally is domi nat ed wit h big political machinery. or coalition shall be valid. 7. except for those registered under the party-list system as provided in this Constitution. th ere is a need for a strong opposition pa rty to fiscalize effectively the acts of those who hold the r eins of power a s well as to serve as a channel through which the people may air their legitimate grievances. . the 1980 local elections s pawned several splintered parties . ) for the election of t he 20% membership in t he House of Representative~. Party-list system. . The scheme will give more chances to different parties to be represented in Congress in line with the constit utional policy to promote a multi. a voter h as two \'otes. one for the ' district representative and a nother for a pa r ty or or- . VI. -The part x-. the party system operates as a means to avoid r esort to violence in order to effect changes and reforms in government. However.

etc. ~o. VI. all votes obtained by a party regard lb:< Q f constituency shall be tallied on a nationwide basis.J<ion on E kctionR Cl07 ganization participating in the party-list he wants represented in the House of Representatives. or organizations.he minimum number of votes will be pror. Political parties. In the former. SF~C.tantial support fr(tnl the sector~ they lWek to represent. to be r epresented in the registration boards. nationwide. he writes th<' name of the political party. The representation of numerous parties in said bodies would lead to un·~uly proceedings.Sec.y-list.ho ld prevents th~~ proliferatio n of small political gr·oup~:. The percentage c. Such m~m bership is not deemed necessary to protect their political interest. .·otes garnered by a party shall be computed in relati on to the total \ Ote::: ca~t for the par t. IX. boards of canvassers. . of t he votes. 2.f . 8 ART.. CH •. boards of canvassers (which proclaim the winning candidates on the basis of such returns). or othe r similar bodies. The n ames of the nominees shall not be included in the certified list of registered participating parties. 5.~ for the system" to qualify for a :<eat for i ts nominee. Membership of political parties. or organizations or coalitions regist e re d under the party-list system. Unallocated seats shall be distributed among the parties which have not yet obtained the maximum three 1:31 seat:: pro->ided they have obtainl:!d at least 2<ft.laimed e lected.-rcentage in excess of 2% or 4% (equivalent to 1 or 2 s~ ats that ha\"(· already been obtained respectively) shall be ranked and be the basis for allocating the remaining 5eats.CONSTITe1'10~AL COl\C\·1TSSICJNS C.. hence.:.. Seat!'i are allocated at the rate of one c 1 · :Oeat pt2r 2<:'r of total votes obtained. he votes for his candidate by name. The variance of pE. th1m~of ).The voting shall be at large and not by sector. :-' Under Section 8. (6) Allm:ation of party-list seat. 1 (5) Counting o( votes. it is no longer allowed for political parties. 8. Sec. boards of election inspectors (which arc in charge of the conduct of elections and the pre paration of election returns). Only a maximum of three' 3 • ::c. In view of the constitutional prohibition. including coalitions registered under the party-list system. The minimum thn•::. without sub. Sec. while in the latter. boards ofelection inspectors.A. in registration boards. such right ' lJnder R. The nomi nee/s of the parties which qualified by capturing t. shall not be represented in the voters' registration boards. (sec An. J of the total vote. etc. or other similar bodies.ts may be aHowed per party. The Commi:.ha ll be ranked from highest.<.. Political part ies registered under the party-list'system have no individu al candidates. a party und1!r the party-list system must have r1:1<:eived "at least two per centum (2<.. they shall be e ntitled to appoint poll watch ers in accordance with law. 794: . to lowest based on the number and percent agt: of vntes garnered during the election5.) . However. -The partiE-s :.

1 · The Commission or the Congress. The provision is in li ne with the g uarantee in the Bill of Righ ts that n o person sh a ll "be denied the equal protection of t he laws . h. III. The law shall defi ne t he prerogatives of the watchers. 9-10 cannot be gra nted by law.!mbers of t h e BataRang Pambansa (now Con gress) and Local ell'ction . Election period.i shall commence 90 days befor e the day of election (national or local) a nd shall end 30 days thereaft er. Big. however.. (Sec.) It is deemed n eceRsary in order to protect th e inter e st of candidates who d o 1 0cceila vs. Bona fide candidates for a ny public office s h all be tree from an y form of harassment and dis crimination. The campa ign periods do not include the day before th. .15 d ays. COMELEC.. entit led to appoint poll watchers in accordance with law to protect t heir political interests.} . SEC. 1. may change the · duration of t he election period. Sec .dt:J. in s pecial cases. t he pr inting and distribut ion of formR. 95 SCRA 755. etc. J.able . and other preparatory acts.p.. The Cons ti tution recognizes the right of bona fide candida tes for any public office to be protected fr om a ny form of harassment or d iscrimination.eriod.~ for. This section prescribes the election period . The former inclu des the 30 days a fte r the e lection while the latter can only be for a maximum of 9 0 da ys part of which is intended for t.CJ'_rn.2 SEC.90 days. fix.days thereafter. 1980. l.Y. 881..ami?aign.P-~Ig~~~- ' The election period is not the sa me a s ca mpaign period. All political parties have thus equal protection.P.o.l~ s. Protection against harassment and discrimination. 3. It does n ot. 28 . >under the Omnibus E lection C:ode.o." (Art.f90.: day of the election. an nn a lter.) The limitation is designed t o minimize partis an political activities and expensive election contest. mt.hirty. Unless o therwise fixed by the Commission in s pe cial cases. 9. ru:u~.1~r.he Commission to prepar e for t h e elect ion . (Sec.45 days. tfl'he campa ign period ma y thu s be less t han th e 9 0-day pre-election period. 9.308 TEXTBOOK mr THE PHILIPPINE CONSTIT UTfO N Sees.. B. and Barangay election .O. appointm ent of mem be rs i n the registra t ion boards. the per!od of campaign is as follows: Presiden tia l a n d Vice-Presidential election . . They a re. J an. the e le ction p e riod sb all comme~c-~ uinety dRYs before the day of election and shall end t.

1971 Con:. plebiscites. to see to it that the above right is implemented. IX . and must not have been c andidates for any elective position in the elections immediately prece ding their appointment.\ud it 309 not belong to any existing political party. at the time of their appointment. at least thirty-five years of age. once approved. It is obligator y on the pa r t of Congress to provide in the regular or special appropriations the fun ds cer tified by the Commission as necessary to defray the expenses for holding an election. It is the duty. who shall be natural-born citizens of the Philippines and. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners. The rule laid down in the above provision enhances the independence of t he Commission on Election s. it is but logical and a matter of elementary justice that the same protection be made available to individuals separately. one Commissioner for five years. At no time shall all Members of the Commission belong to the same profession. or members of the Philippine Bar who have been engaged in the practice of law for at least ten years. sh a ll be provided in the regular or special a ppropriations and. 1. SEC. particularly. provide sanctionH for this constitutional provision. ·. If the State guarantees equal protection to groupR of individuals such as political parties. Funds certified by the Commission as n ecessary to defray the expenses for holding regular and special elections. without reappointment. Ofthose first appointed. . they shall he released automatically upon certification ofihe Chainna n of the Commission. initiatives.Sec.' Congress may. initiative. by legislation. recall. referenda.itutio nal Convention. or referendum. (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 r eappointment. Automatic release of appropriations. certified public accountants with not less than ten years of auditing experience. plebiscite. 1 ART. the Chairman shall hold office for seven years. The Commissio n on .t. Committee on Political Parties. of the executive branch and the Commission on Elections.CONSTITUTIONAL COMM IS~fONS D. 11. Appointment to 1 Report No. and the other Commis· sioner for three years. D. and recalls. without discrimina tion in any form. Once approved. shall be released automatically upon certification by the Chairman of the Commission. THE COMMISSION ON AUDIT SECTION 1.

) The 1935 Constitution provided for the General Auditing Office under the direction and control of the Auditor Genera l. Appointment and terms of office. (3) They must be certifi ed public accou ntan ts with not less tha n ten (10) years of auditing experience or members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years. I any vacancy shall be only for the unexpired portion of the term of the predecessor. A member appointed to any vacancy s hall serve only for the unexpire d portion of the term of the predecessor. 1[ 11. Composition of the Commission on Audit. a nd (4) They must not have been candidates for any electi ve position in the elections preceding their appointment. The very nature of their functions calls for competence both in the field of law and accountancy. (Sec. therefore. Qualifications of members. . Its conversion into a three~ man collegiate body in the 1973 Constit ution is designed to make it more r esistant to pressures from the legislative and executive branches and other offices of the government than an office headed by a singl e individual. (2) They must be at least thirty-five (35) years of age at the ti.esident with the consent of the Commission on Appointments for a term of s even (7) years without reappointment. The Commissioners first a ppointe d for a term of less than seven (7) years are likewise ineligible for reappointment. They a re the following: ( 1) They must be natural-born citizens of the Philippin es. The Constitution also provides for the rotation of the appointments at regular and fixed intervals of two (2) years.310 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. At no time. The increase in membership 1s also deemed necessary to enable the Commission to cope with its ever expanding audit respons ibility which embraces every agency of the gove rnment a nd encompasses every governmental activity. sha11 all members of the Commission belong to the same profession .ne of their appointment. It is composed of a Chairman a nd two Commissioners. The Chairman and the Commissioners a r e appointed by the Pr. The r equirement that the members should either be a CPA or a lawyer is in order to enable them to carry out their functions and duties efficiently and intelligently without relying merely upon t heir subordina te employees. In no case shall any Membe r be appointed or designated in a temporary or acting capacity.

VI. audit. However. appointment or designation of any member in a tempo1·ary or acting capacity is similarly prohibited. 2.heen. owned or held in trust by.hed ai aR iRd9p91HlQnt--body govern. . ~_Sf}_e_ tQi!:. IX. and duty to examine. (h) autonomous state colleges and universities. directly or indirectly. (see Art. ilJH'P9Se. where the internal control system of the audited agencies is inadequate. the Commission may adopt such measures. or pertaining to. Envisioned as the fearless and efficient guardian of the public treasury. It is obvious that Congress itself is not in a position to oversee and supervise the actual expenditure of each and every appropriation. and settle all accounts pertaining to the revenue and receipts of.. authority. The . agencies.s and expenditures are duly account.riate. which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity..fq_r .e. therefore.See Note 3. as are necessary and appropriate to correct the deficiencies. or instrumentalities. for such period as may be provided by law. of the Commission on Audit cannot be overestimated.which s\lcbJ\m.. including government-owned or -controlled corporations with original charters.are.d th.CONSTITUTIONAL COMMISS£0NS D.) Purpose of the Commission.!h.mmission on Audit has been establi . The importance. in accordance with law and due regard to economy and efficiency. and expenditures or uses of funds and property.~.menU:e.J:U:Qp. it is this office through which the people may be able to know whether or not the agencies of the government have used their money properly and honestly. 1[2].:t SEC. ( 1) The Commission on Audit shall have the power.have.Qd lor an. commissions and offices that have been granted fiscal autonomy under this Constitution. the Government.ap.Sec.. under R-SP-rtion 1. including temporary or special pre-audit.it'5 .Due..disposed of except in conformity wjth the. .d. and on a post-audit basis: (a) constitutional bodies.Y.·.~. preserve the vouchers and other supporting papers pertaining thereto. custody or disposal of public funds a reality. 2 ART.. from or through the Government. The overriding objective is to make the accountability of publ~c officers entrusted with receipt. The Commission on Audit 311 The.publiU. 29( 1}. and (sl} such non-governmental entities receiving subsidy or equity.e. Sec.) That is where the Commission on Audit comes in. It shall keep the general accounts of the Government and. or any of its subdivisions. 1 (Sec.Co. (e) other government-owned or -controlled corporations and their subsidiaries.not..JJD.

extravagant. -The Commission on Audit keeps the general accounts of the gov~"i-~ment and.c. or instrumentality all over the country.<iu ''ulhority. Sinco. firms with outstanding loans from govl'rnment linanci!1g inst it u t ion. etc.312 TEXTBOOK ON THE PHILLPPIN. cit . (Sec.. subdivision. op. Powers and functions of the Commission. provided that s uch authori ty shall pertain only to at::dit of the governmant't~ co ntingeni liability.c..~9.rru.cu!!?:. They are the followi ng: ( 1) I .as.Governrnent Audi ting Code of the Philippines).9mc. however. 2[1] . Commission on Population l POPCOMlJ.I<~ CONSTT'J'UTIO!\ Sec.~. and their expenditures and disbursements.!..Q...} tv... 898. authority and duty to examine. By this arrangement. the Commission is empowered to adopt measures to correct the deficiencies. those requi r ed to pay levies or government ~..). th e $... establish the techniques and methods required therefor.g . agency. th e Commission is made the official custodian of all government records of accounts.t.k./11§. ·-· The Commission on Audit has the power.hare. their payments into the treasury.) There is an auditing unit in every government office. t hose which have received coun t.o the audit oftho:-. Md. including those for the prevention and disallowance of irregular.j Thus.G.kt'wisa l:lXt'rCit<~:! visit.. or pertaining to tbe government.lection of public funds . sul1ject to the limitations in this Article.2 'Under Pre&idential .erpa r t funds from the governm ent. to define the scope of its audit and examination.g.e funds or subsidies coming from or through the government. agencies or instrumentalities. audi:t. 1 Where the ' internal control system of the audited agencies are inadequate. or ·· unconscionable expenditures.£tr:.. and promulgate accounting and auditing rules and regulations.££n. Decree No. or those partly funded by donations through the gov'!rnment {e.Qf the government..D~!l~ree No. p. . the Commission is able to maintain a system of accounts that records all the transactions involving the col.QJJ.ng on ly t. or uses of government funds and properties. 2 (2) The Commission shall have exclusive authority..~t.a exam. unnecessary.t . The revenue and receipts ofihe government or any of its subdivisions.t . 1445 i.orial authority O\·er non-gove1·nmenta! entities whose loans are guaranteed by th e gvve rnmcnt.. :399. (lbid. a.. its auciting responsibility includes non-gove rnmental entities subsidized by the government (e. the Commission shall li.. preserve the vouchers and other supporting papers pertaining thereto. including on a post-audit basis the four (4) classes of entities mentioned. (Sec. for such period as may be provided by law. 29 thereof: see Pres.e. and (j~l) All expenditu res or us es offunds and property owned or held in trus{ by. and settle all accounts pertaining to: (. Upon direction of the President.~i11:g. excessive . audit. (2) Ta. pertaini.in.

J.. Such rules and regulations shall include those for the prevention as well as disallowance of irregular.e[il}e the scope of.$ of funds or property which. .G. 40i...3 (5 J '[Q_submiJ.. in the opinion of the Auditor General.rat~ the very purpose of the Constitution in entrusting the task of preventing such expenditures to the COA. VIII..'.its ~ud_U_ Q.l:illi!l.m. etc.ort _g n. ( 4) Xo.91iQ!l2t. The aim of the Constitution is to elevate public sector auditing standards and to make techniques and procedures more effective and reliable so that they will be at least at par with external auditing in the private sector. cit. This will require the application of the latest trends and developments in the auditing profession.. ~tc.. _g_l!..eaaure.fl.d.CONSTITUTIONAL COMMISSIO:-\S D. extravagant or unconscionable expenditures or uses of government funds and p1·operty. to adjust and enforce the settlement of accounts subsisting between agencies of the governwent.Sec.r. the Commission on Audit has . Note that the rule-making authority of the Commission regarding the matter of preventing and disallowing irregular.u l es anq__rggy.cJ. Constitutional Commis$ions. op.rw. ).._ncig. unnecessary.) This means that Congress is without power to enact laws on the matter.it_i!. TX.J. albeit irregular.cJ. a violation of the rules and regulations empowers the Commission on Audit to disapprove expenditures of public funds. among others.g_tion . unwise or unsound. and (6J ]. etc.. p.lHi. 1986 UP Law Constitution Proj~iCt.. in cases of expenditure. (Ibid. were irregular. excessive. It is this function of the Commission on Audit which will enable Congress to know how faithfully its appropriations laws have been carried out. p. his duty was confined to merely bringing "to the attention of the proper administrative officers" such expenditures. expenditures or uses of public funds is also made exclusive.. 38. to assist in the collection and enforcement of all debts and claims.g_n_an~Italf?ng.t_e arcoun~il]g_qi. 2[2]. The Commission on Audit 313 (3) l:o.pmmulga. Now. etc. the Auditor General could not legally disallow it. -The Commission has exclusive authority to define the !":cope of its audit and examination and establish the techniques and methods required thereof.. and guide it in the enactment of the appropriations law for the following year.) Under the 1935 Charter. (Sec._!J:_d examiT].Q__p. and the restitution of all funds or the replacement or payment 3 ~v.~C1ll11111md... This is deemed desirable to remove legislative and executive jnterference in this atea which may frust. 16..t.Under present law..J.l_g_r. Qther d_ytie8 and [U1}. 2 ART.. making it a real guardian ofthe public treasury.rr. The report to the President will inform him of the manner by which the departments under him have used the funds allotted to their various administrative activities and thus enable them to tell whether or not their administration has been economical and efficient4 (see Art. So long a~ the transaction was legal.also the function or authority. Sec.~rfo.. Sinco..

ree No. bond issues. 9f the government raises money through taxation. It is r eally the sole external audit. and a udits t h e books containing th eir entry. 24::! (J uly 9 . be considered sufficient to establish the correctness of the individual entries and the truth of the accounts. 2 at a r easonable price of pr oper ty. to allow or reject. release any claims or settle lia bility to any government agency not exceeding PlO. · ·· (3) To settle m eans to establish .. t o ascert ain.. The Commission on Audit examines the r ecords of the treasury sh owing these receipts. •s ee Sections :34. It involves the making of a certification of the balances due in favor of or again st the govE>rnment. 1978J.OOO. checks up the funds paid into t h at office . the Commision on Audit is said to settle an account when after review in audit the same is foun d in order and.) ~di. The Commission is not t h e internal audit or of the government.. agencies. 5 (see ASec.. op. alRo Pres idential Der. 1973) which provides for administrative adjudication of claims hctween or among government offices. etc.t.OO. in the opinion of the Commission on Audit.314 TEXTBOOK ON THE PHILIPPINE CONSTITUTION S ec. auditing.raising authority". the Concept of examination. Sec. found to be due t he government qr any of its subdivisions. 6 (2) T o audit is to adjust. the COA auditor r enders a decision on t he legality of claims not unlike t h a t exercised by a court . of . 1445 (June 11.accounts of Congress and publis h annually the itemized expenditures fox ~?. or instrumentalities. Thus. as may. Sinco. 35.or of all government depa rt ments and agen cies including government-owned or -contr olled corpor ations. By settling accounts due to or from the government. (1) Congress as the "fund . :Hi. cit. . hence. pronounced closed. All the money thus raised are "covered" or t ur ned into the governme nt treasury that takes ch a r ge of their physical custody. His conclusions are not m ere opinion s as in the case where he conducts an audit. and other mean s. to compromise or. t o fix. records and accounts of public utilities in connection with the fixing of rates of every nature. p . Presidential Decree N o.) l'he Commission on Audit is expressly directed by the Constitution to books. This is a function which is n ot performed by private auditors. ~. a n d 38. and settlement of accounts. to examine and a udit the books. G . 40H. (Art: VI . 8. 20 . to make a formal or official examination or verification of a n accou nt or books of accounts for the purpose of ascertaining their correctnes!'l.ch me mber . t o free from uncertainty. They are considered a udited or approved if supported by such writ t en evidence with regard to t he transaction recorded.

Millions of pesos of government funds from the National Treasury were found to have been siphoned by the former regime to various corporate subsidiaries which were placed beyond COA audit. an annual report covering the financial condition ancl operation of the Government.CQ. the term is limited to "something which may be adjusted and liquidated by an arithmetical process. :~4: Phil... exempted many government-owned or -contl·olled entities from COA jurisdiction giving rise to the suspicion that it was done to facilitate or hide illegal expenditure:> or diversions of their funds and other assets. and recommend measures necessary to improve their effectiveness and efficiency. . within the time fixed by law.Sees. its subdivisions. within the time prescribed by law. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever. i!1vcs.tm. p.th.>. .!i~. 3.i_ts ~!!. its subdivisions. 39 PhiL vs.mmiss!~~_on. It shall submit such other reports as may be required by law.l1}ination by the_. The Commission shall submit to the President and the Congress.~nt 9f funds are subj~ct t. The Commission on Audit 315 (4) An account has been defined as detailed statement of the mutual demands in the nature of debit and credit between parties. under hi. Submission of report to the President and Congress. The Commission on Audit is required to submit to the President and Congress. and instrumentalities. Exemption of any government entity or its subsidiary. 1 The late President l!'erdinand Marcos. IX. the Commission has no jurisdiction to take cognizance of claims for unliquidated (undetermined) damages.o__a!l~jt a. Operations.CONSTITUTIONAL COMMISSIONS D. arising out of contract or some fiduciary relation. SEC.l. 4. or any investment of public funds. from the jurisdiction ofthe Commission on Audit. 94 Phil.i.!ldit Any law exempting from the jurisdiction of the Commission on Audit any such entity or subsidiary in any guise whatever or any investment of public funds will be unconstitutional and void.. 7 Bouvier's Law Dictionary. Auditor General.> lawmaking power. A. agencies. 1 l!l!. French and Unson.~_!? ~·.b§JQ!~ri. and nongovernmental entities subject to its audit. 3-4 ART. acompania General de Tabacos vs. All entities of the gover:nm~~t <?r. 7 As used in the Constitution. an annual report of the financial condition and operation of the Government.t:l:Q_~~a. 8 SEC. 167. Inc." Thus. including government-owned or -controlled corporations. 868.

7226 (.-owncd corporation~.. 2LlJ. 1992) reqnires the Commission on Audit to submit to Co ngress Annual Reports of amounts obligated. .March 12. 1 (see Sec. including non-government entities. etc. and expenditures made in each municipality. warrants issued.oOo- 1. incl uding government. 4 agencies.lt. . and instrumentalities.A.316 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. province nnd city by National Government agencies and instrumentalities. subject to its audit. ) It is also required to recommend measures to improve the efficiency and effectiveness of the Government and its s ubdivisions. and to submit s uch other reports as may be required by law. No. etc. . agencies.

should no t bE! confused with barangays. Under the Local Government Code of 1991 <R.. cities. plans. refe r ring to citizens assem blies created unde r J>re>'. a nd barangays. cities. userves as the primary planni n g and implementing unit of governmen t poli· cies. expr essed. cr eate special rnNropolitan pol i ti~al subdivisions subject to a plebiscit. id~·nt5 of a locality. and activitie~ in t he community.e as set forth in Section 10 . referring to barrios. 1974) declar es all t. i!>residential Decr ee No. municipalities.. programs." !Sec.) The latter wt'lre mere "aggrupations'' tlf n~. 135. (Sept. it refer s tv provinces. as the ba?oic p olitical unit.Article X LOCAL GOVERNMENT GENERAL PROVISIONS SECTION 1. loca l g ouernrner:. 2. No. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as here inafter provided. p.hen exi. . ttn d ~:onsidered .. <see Introduction-E. The territorial and political subdivisions of the Republic of the Philippines are the provinces. an d as a forum wh erein the collective views of the people m ay be cr ystallized. by law. A separate article on local governments in the Constitution is a recognition of the value of local governme nts as viable organs for the perform- S ee Journal of Local Admi nistration Overseas (July. 2 ( 2) Congress may. Bar angays. 3R4 t h ereof.ting barrio> an d barrioo t her eafter to be created as barangays. tht> barangay. 557. Importance of local governments.iden tial Decree Nos. 86 and 86-A. projects. and barangays. municipalities. and wher e dispu tes may be a micably settled. 1 3 17 .t r efer s t o a political subdivis ion of a n ation or s tate which is constituted by la w and has substantial control of local affairs. Meaning of local government. 7160. The term.l ( 1) In the Philippines. 19ti2). (3) The Cons titution directs the creation of a utonomous regions for Muslim Mindanao and for the Cordilleras by an organic act to be en acted by Congress for each autonomous r egion subject to a plebiscite as provided in Section 18.A. with officia ls elected or otherwise locally selected.

--··-.law must comply with the provisions of Sections 11 and 18.-government I S a n act in the exercise of a "governmental function" or is a "corporate act" is whether the act perform ed is for the common good or for 3 1970 UPLC Constitution Revision Project.. waterworks.._l. -They are agents of the State. respectively. l ance of local functions.CJ. Section 1 defines the territorial and political subdivisions or ty1its of local government in the Philippines.'l:.zL[Jgdies_.. and (b) l'Lth? ~t:..318 TEXTBOOK ON THE PHILIPPINE CONSTITUTlON Sec. Dual status of local governments.. Provinces. (1) As pofi ~!g. Underlying .By statutory provisions..e ntg.t. there must always be political subdivisions known as provinces.l~p.3 Territorial and political subdivisions of the Philippines.Bf!Y.. municipalities.o.Q. and barangays. As local affairs can best be regulated by the people in the locality rather tha n by the central a uthority.) As they are now provided in the Constitution.P. they a re classi fied as municipal or public corporations and as such possess dual character: (a). (see Sec. th~jr_pub lic ..e!:. such as in the impo~ition and collection of taxes.g. preservation of peace and order . .~xercis e by delegation a part of the soyrrr~ty of the State. They act as a corporate body for their own purposes and not as subdivisions of the State. Provinces are composed of several municipalities a nd (in some cases) cities.r.~"!_. . cities. for instance. and for that purp~e .~_rn.They are mere legal entities (similar to a business corporation) performing fun ctions not strictly governmental..The underlying t est of whether an act of a local (2) .. Cities at·e urban centers of population._. etc..) and public mar kets._f!. p.tlmlJLJlEPect.E!'...fpgrate. ._.q... the grant of local autonomy to local units is considered extreme ly necessary for a more efficient local government system.. --"'test. electric. . and barangays are political bodies corporate endowed wi th power s to be exercised by and through t heir respective local governments conformably with law. It is in this character that they operate.f iJ.T'.. cities. public utilities (e. municipalities. ..g_ pr _c. 700. Barangays a re units of cities (except a few where there are no barangays) or municipalities in which they are situated. and the establishment of schools. 4.. ...J}. local governments are considered political bodies corporate fo r the administration of the affairs of the community within their territorial boundaries.. As incorporated entities. The creation of special metropolitan political s ubdivisions and autonomous regions for Muslim Mindanao and for the Cordilleras by.

e.f!$.atrajjzati<?E. a body politic and corporute. Meaning of local autonomy. every lo c~:~l government unit ~hall exercise its powers as of the govt~rn mcnt and as a corporate: entity represe nting the inhabit· ants of it:. and taxing power (see Art. 2 ART..locq.nj~. 2 The degree of local autonomy is dependent upon the extent decentralization is effected.) However.'\. Intermedia. it does.of.. . i. Xo.<?!!1.er~ ·power-of eminent domain. i. . to £q{.. On the other hand. II. to allow maximum participation of the citizens in governmental and community activities.'• 'City of Manila v.Sec.ql. for the.. •o The following reasons have been advanced in granting local aut onomy: (1 ) J. R .. /bid.. 'A~.te Appellat~ Court. (see Art...c:.X is the exercise of certain basic powers. pr:. (see Introduction-B. III.b. Local auton.iJ_ development a'h d progress..nq. se~Q nd.i1. SEC.mp_ortg. . by local govE:rnment units so as to best serve the interest and promote the general well-being of their inhabitants. ~ su e~. 1 By express constitutional mandate. ru>. X.l sq_l. t he State is duty-bound to guarantee and promote the autonomy of local governments ensure their fullest development as self-reliant com~uni ties and qw~e.. i160. & . . . all government units including the two (2) autonomous regions. the national government is often too involved i. ~ithout its consent.~ . Sec.. 2. 9..) suit.).e. -··. 4 For th_e_ (i_r~t. Sec. The territorial and political subdivisions shall enjoy local autonomy.immunity frQm 5 (sec Art.e.lems. police pow. (SI!c 15.t.Local res idents are the persons who can best understand their own problems. ) Meaning of decentralization.Il.. Reasons for granting local autonomy.LOCAL GOV ERNMENT General Provisions 319 the special benefit or profit of the corporate entity. a political:> ubd~visi nn 2 'KVoice Primer" l l972 P3mphleu.C. The Philippines remains a unitary State..n its own problems to devote its time to local needs. Sec. Q. is now a basic state policy. They see their local conditi ons everyday and realize their importance as well as the urgency of improving them.. . territory. 179 SC'RA 428 (1989). is the process of transferring basic powers from the national to the local government~:.y_(iQ. . 3.<!!l. enjoyment oflocal autonomy by the territorial and political subdivisions .Ql. XVl. them more etfectiye partners in the pursujt of uatj oni. 25.

powers and functions and duties of local officials. provided t he maximum local self-rule possibl e.. They will obtain for t he local residents adequate community facilities and services on education. . the Constitution has..320 TEXTBOOK ON THE PHlLIPPINE CONSTITUTION Sac. and recreation.A hea lthy "division of labor" and close cooperation betwe en the national and the local governments result in an orderly management of both national a nd local affairs. and (5 J L"!-na.C!ifg_'f!l.) SEC. term. loca l governments will no longer be restricted in achieving their goals.gou.gTJ:LO. (3)~esira bility of self-reliall!:£4 Self-reliance is the ability to cope with one's problems by the use of its own r esources a nd skills. and resources. de. self-t·eliant communities called barangays before the S panish era.. qff air:l$. appointment and removal. salaries. II.d-~$ire_ fqr. They are in fact provided with almost limitless opportunities to a chieve their fulle st development. and provide for the qualifications. ) . election.. (see Int roducti on-B. af. While rejecting full federalization. and all other matters relating to the organization and operation of the local units. and referendum.. (see Art.l ."J The pure ly unitary system was imposed upon us by our colonizers as politically necessary to have effective control and administration of the country.l.ernrnents.. allocate among the different local government units their powers. initiative. Even the Malolos Constitution stressed the need for local units functioning "upon the basis of the most ample decentralization and administrative autonomy./ .t_e.l.jl~ed_for fullest.n!!JJll. s~tf':gouei. 3 (2) !Jeedfor orderb. 3 lbid. h ealth.r.oca...velo_p.With greater powers and functions. .l:L.t:lfJ.me_ ut. Sec.. Note : There is a strong clamor from se veral sectors to amend t he Constitution to adopt a fed eral system of government. The national government can devote rnore time to the truly national problems since the loca l governments are adequa tely empowered to cope with their own needs and problems . responsibilities. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system ofdecentralization with effective mechanis ms of recall. consistent with the policy to g r a nt genuine and meaningful autonomy to local governments. This self-reliance can encourage civic enthusiasm and initiative for community development with a minimum of assistance from the national government.q.. including tlle a utonomous regions. Filipinos l1sed to live in s mall. 3.The desire for self-government has its r oots in the past and has always been a nationa l goal. 25. however.m~JJ. (4. Decentraliz ation strength ens this capability of local governments by giving them greater opportunity to govern themselves..

and resources. term .JJ. a nd fu nctions. appointment a nd r em oval. ' Mechanisms of recall. local officials will be expected to d o t heir j obs with t. - G+. :l ART.gnuary 1.ER="MENT Provisions 321 Enactment of local government code.·e and s peedy remedy on the part of the people to r emove an official who is not performing his functions to the satisfaction of the people. (see Art.A_ No.t. (2 1tfui.~ is the legal process wher eby the registered votP.:-sently t he Local Government Code. pp.) There are. 1. a pproved on October 10. responsibilities. i nitiative a nd ref~rendum. It is the method of removing persons fr om office by t he subm is sion of the question as to whether or not they shall be rernC'ved . and duties of local offici als. (1) B. 'Section 4 thereof. (2) Allocate among the differ ent local unit s t heir powers. Sec. elective local officials .~ncral LOCAL GO\. ~The Manila Times Guide to Con.. XI . 1991. R. to ot1icials. for loss of confidence. •Sec Sec. and referendum. 2 The principle u nderlying recall is the ciTecti . and ( 4 ) Provide for a ll other m atters r elating t o the organization and operation of t he local units. Local Gon~rn mt>nt Code-.h e highest degree of efficiency and in tegrity. 1992. initiative. to the qualified voters at a n election held for the p u rpose or at a gener al election. Local Gove-rnment Cede.ig.titutiona l Am ~ndm !!nts 11973 Constitution). 3 Knowing that they could be called u pon to face the people and to submit an accounting of their performance in office. It took effect on o!l. (3) Provide fo r the qualification s. election.Y. or amend a ny law or ordinance 4 at polls call ed for t he purpose independently of the regularly constituted local legislative body. ~sec .. is the legal process by which the registered voters of a local government unit remove. other modes of terminating the employm ent of a loca l official. powers.rs of a local government unit may d irectly p ropose. of course.Sec. X. 35-37. is pr. a n d to the extent therein provided .e_call. This section requires Congress t o enact a Local Government Code containing provisions wh ich: (1) Provide for a more r esponsible a nd accountable local government structure instituted through a system of decentralization (supra_j with effective mechanisms of r ecall. enact. salaries. This reserved power serves as a constant warning to elected officials against misdemeanor. 7160. Sections 69-75.o[~J. 120. offices or agencies of the national government. It applies to a ll local governm en ts .

70. 5 See Sec." Supervisory power with respect to component units. direct or govern and includes the power to supe rvise. be within the scope of their prescribed p!•wers and func tions. .a. and cities and municipalities with respect to compon ent b a rangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. Component cities and municipa lities a re subordinate to a province while barangays are subordinate to the city or mu. The President exercises only delegated legislative power over local governments . Sec. •see Sees. 122. 17.Ca. ." All three (3) processes are conducted thr0ugh procedure similar to election. VII. ). It implies the power to manage. T ht first two (2) commence with a petition signed by a cer tain percentage of duly registered voters of the local government unit concerned. bureaus and offices (Art. Ib id.ol. 4 (3) JJ~ftr~E:c!. The President of the Philippines shall exercise general supervision over local governments. Supervi sion means the power to oversee the performance of work by a person or gro up of persons and coordinate their activities in the implementation of one's own or another's instructions or policies.nici pality of which they fo rm a part.l!:.tr. h e has only the power of general supervision over all local governments. The President has no power to interfere in the operation of local governments or to set aside decisions of t. Provinces with respect to component cities and municipalities. Note tha t the power given over local governments is not even "supervision'' but the lesser power of "general s upervision.. They are then subjected to a poll for approval or dis::tpproval of the voters!' SEC.322 TEXTBOOK ON THE PHILIPPINE CONSTITl. amend.'!. has a broader meaning. Supervisory power of President over local governments.. While the President h as control of all the executive departments. Ibid . 4.ess whereby the regi:stered voters of the local governme nt unit concerned may a pprove. or rej ect an or dinance enacted by a local legi slative body when the question is submitted to them for decision. 126.lT10N Sec. the cities a nd municipalities. Section 4 dir ects the provinces (through their provincial governments) to see to it that the acts of their component units.heir heads and substitute his own judgment for the latter except as otherwise provided by law.~ is the legal pro~.

. 25. cities and municipalities (through their city and municipal governments ) shoulder the same responsibility with respect to their component units. They have now the power. fees. etc..wi. independently of legis lation.b. It also governs t he appraisal and assessment of real pr operty for purposes of taxatio n by pro•incc. they may exercise the power only if expressly delegated to them by the national legisla ture or conferred by the Constitution itself. In the past. collection and !idministration of the re al property tax.) such as prescribing t he maximum rate of taxes. Such taxes. (1) f'Jxists _in<J.epen. consistent with the b asic policy of local autonomy. Taxing power of local governments constitutionally granted. f> ART. and charges to fina nce governmental activities for their localities. the acts of the inferior units are within the scope of their assigned powers and functions as prescribed by law and the Constitution. (Sees. and charges subject to such guidelines and limitations as the Congress may provide. 5. uniform. . to create th eir own sources of revenue (e. (2) .i. It is in effect a grant of th e power by t he people themselves. a nd charges s h a ll accrue exclusively to the local governments. cities.g. Undoubtedly.N. 128·283 thereof.legislatiou .Sec. SEC.JJ. fee s. It is quite t rue that the degr ee of freedom possessed by a local government to determine and implement itl:> own policies depends to a great extent upon its financ ial dependence on the national government. reasonable. the barangays. fees. But such limitations must not dimin ish the au· tonomy of local government units for it is a basic policy of the Constitution to ensure their autonomy.. Such taxes. taxes m ust be for a public purpose...) :The Local Gove m menl Code delineates a n d limits the t axing powers of the different local govenun en t un\t(.LOCAL GOVERNMENT General Provision. 1 (Art. 5. municipal or public corporations (by which local governments are also known) havelQ. II.g. they could create them only when authorized to do so by law. 323 Likewise. This power of s upenision of the superior local units is limited to insuring that. Being mere creatures of the State.e. fees and charges shall accrue exclusively to them. Each local government unit shall have the power to create its own sources of r e ve nues and to levy taxes.ot a. and mt1 n icipal ities as well as the levy..} . Sec. The above section expressly grants the power to tax to local governmen t units. ). this provision enhances the autonomy a nd independence of local governments.b~ r~nLPO:\-~L<lLtal'ation. -· The t axing power of local governments is not absolute becaust~ aside froin constitutional restrictions (e.D..dently o{. X. loans ) and to levy taxes.Unlike a sovereign state.. Congress may still provide guidelines and ]imitat ions on its exer cise (Sec.Q.t.

20%) to local governments. Automatic release of share of national taxes." including sharing them with their inhabitants by way of direct benefits (e.g. Section 6 mandates the automatic release of grants to local goveraments. the local governments did not rece ive the full amount allocated by law because the national government through various presidential decn~es limited the a mount of grants such that they only received an a verage of a bout 12% from 1975 to 1980.g. The grant scheme was later revised by consolidating a ll internal revenue taxes (i. Local Government.324 TBXTllOOK ON THE PH ILl PPINE COl'STITUTlUN Sec. It is on ly logical and fa ir to gi ve local governments a share in the proceeds of the utilization and development of the national wealth (e. forest.. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areast in the manner provided by law. This system proved inequitou. However. in the national taxes which shall be automatically released to them.e. '19H6 L'PL Constitution Revision Projtlct. 6-7 Other fund sources of local governments are provided in Sections 6 and 7. as d e tennined by law. fees. pp. or charges by r eason of the consequent increase oflocal income). SEC. . 6. 51-52.e. Share In proceeds of utilization and development of national wealth.. reduction in the rates of certain local taxes.. to rur a l local units where very little income and sales taxes were coJlected. the same shall be automatically released to them. Once determined and collected. including sharing the same with the inhabitants by way of direct benefits. 1 SEC..<.. The law shall determine what will be the just or equitable share oflocal government units in the national taxes. Local government units shall have a just share. 7. The Constitution has in mind local units blessed with rich natural resources but with little income to meet t heir needs and yet they were not allowed to participate in the proceeds de rived from the utilization a nd development of said r esources because they were declared belonging e ntirely to the national government. The old system of gra nts allowed local governments to retain a portion of certain national taxes such as income t ax which were collected in the local units.c. taxes other t han customs duties) anrt allotting a certain percentage (i. minerals) withi n their respective a reas.

( 2) Reasons.o be elected. a Vice-Mayor who became Mayor by operation of law can serve as elected Mayor for three (3) consecutive terms. (3) In the case of barangay officials. lt does t~ot include !Succession to an office. which shall be determined by law. cities and municipalities which in the past had been a soun. The term of office of elective local officials. . Yl. except barangay officials. Voluntary renunciation of the office for any length of time shall not be considered as an inte rruption in the continuity of his service for the fuH term for which he was elected.lr~ than three C3) consecutive terms. •::ee Art.:e of abuse and.t serving for more than nine (9) years continuously . a chance t.A. 1998) which amended Seetion 43 ofR. Furthermore. and give young and enlightened leaders. . lawlessness. . Term of office of elective local officials. the first term by succession not being included for purposes of the limitation. by R. No. (1) Term limits. Sees. SEC.See. 4. and they cannot serve for m <. 8 AR1'. who have no formidable political machi nery or vested interests to sp~ak of. tenure in many cases has much to do wi. local governments shall be entitled to receive their equitable share from the local proceeds as provided in St>ction 7 and they cannot be deprived of this sharE:! although Congress can provide by law the manner by which they shall be f>ntitled to receive it.The prohibition will help eliminate the so-called "political wardlordism" in provinces. otherwise knl)wn 11!1 the Local Government Code of 1991. 7160. Sec. shall be three years and no such official shall sen·e for more than three consecutive terms. 14. and the knowledge that he will be reelected anyway because he controls the votes. 1 years to fi\'e 15> ye!lr~. . Voluntary renunciation of office for any length of time shall not jnterrupt the continuity of the service for tht! fuJi term for which an elective offici al was elected for the purpose of th e prohibttion again.. the official becomes more and .The term of office of barangay officials shall be determined by law. i: Art.LOCAL GOVERNMENT General Pro\'isions 3<!5 Now. their term of office shall be three (3) years. 8524 (lo'eh. therefore. X . V11. 1 In the case of other elective local officials.th efficiency of an elective official.A.more inefficient because he becomes more isolated from the electorate. 4. makes him negleet his duties or indifferent to the needs of his constituents. 8. No. -The limitation is not imposed by the Constitution for the reason that the dang1~r that the evil sought to be 1The term was changed from three \3 . Experience has shown that as the tenure becomes longer. For example.) The three-term limitation refers to term of offict? for the same position for which the local officials were elected.

municipality. etc . the voters of both the parent unit a nd the unit to be segregated should be included in the plebiscite. Sectoral representation in local legislative bodies. except in accordance with the criteria established in the local government code and subject to a pproval by a majority of the votes cast . merged.l::lections. (1) Conditions. barangay) is to be segregated from a parent unit (e . 9-10 avoided will arise is slight. vs.. any local government unit may be created. Section 9 seeks to enhance greater participation and representation by the people in policy-making on the local government level. being a barangay official is sometimes a sacrifice because he receives no or little compensation and the position hardly offers opportunities for personal aggrandizement.g.~ a plebiscite in the political units directly affected. In the public mind. income.IPPINE CONSTITUTION Sees." Where a locel unit (e. merg1 in Padilla. 214 SCRA 735. -By legi slation or any other act of government having the force of law." SEC. or its b oundary substantially altered.) established in the Local Government Code. 9...326 TEXTBOOK 0!1< THE PHll. Their powers are very limited and usually their jurisdiction covers a small area. 1 (2) Aim of the provision. No province. g. geographical area. merged. abolished. abolished. . or bar a ngay may be created. merger.. Legislative bodies of local governme nts shall have sectoral representa tion as m ay be prescribed by law. divided. division. or its boundary s ubstantially altered provided: (a) The change is in accordance with the criteria (e. etc. Jr. and (b) It is approved by a majority of the votes cast in the plebiscite the "political units directly affected. SEC. municipality). Commission on . The provision is consistent with the provisions of Sections 15 and 16 of Article XIII (Social Justice and Human Rights) on the role and rights of people's organizations "to pursue and protect x x x their legitimate and collective interests and aspirations through peaceful and lawful means" and "to participate at all levels of social.. city. . political and economic decision-making. divided. . of any local unit. number of population. 10.The aim is to avoid the indiscriminate practice in the past of breaking up provinces into several provinces.g. Creation.

ll. 11 Al-rf. The Congress may. op. a~ an alternati\·e.ality and more by political reasons.o that they unfairly ar~·an ged be~n b enefit of a particular pnrtr or candidate. by law. 11. p. Since the creation. 327 ing two or mort. ~ jurisdiction of the metropolitan authority that wi ll thereby be created being limited to basic services requiring coordination .Stlc. g21. ..ices. etc.'r. water supply and sewerage.n:.<!'<t po!>~:uble districts without regard to the requirement~ of gcograph~· and . without any definite criteria. subject to approval in a plebiscite as set forth in Section 10. the provision will also eliminate the old practice of gerrymandering" and minimize legislative action designed for the benefit of a few politician:.. .• . X..J·.t~ ·:.:o nv~'ni~nce. the creation or abolition was dictated less by the economic and social conditions of the loc. art basic to local government. hou~ing. SEC.etaincd. '·Taft ada and Ft-rnando. creati ng new cities.·5 • district. were to be given ftvc . l · (2) Function limitc~d to coordina ting basic sert.-inc<:. lB•1uvier's Low Dictionary. . The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies.. garbage collection. This practice wa!': supposf:'d to have . Governor of Massac huseti:. Providing th e basic s