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12 . ..
I extbook on the
PHILIPPINE
CONSTITUTION
By
~
HECTORS. DE LEON
LL.B., UniverRity of the Philippines
Member, Integrat ed Bar of the Philippines
~ o r m e r Associ ate Professor, Far Eastern University
2005 EDITION
....... ---
Philippine Copyright, 2005
by
ISBN 971-23-4207-7
No portion of this book may be copied or reproduced in
books, pamphlets, outlines or notes, whether printed, mimeo-
graphed, 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.
ALL RIGHTS RESERVED
BY THE AUTHOR
N
.. ( J- 1
tl. .1. j : ; .
PREFACE
As the supreme law of the land, the Constitution is by no means self-
explanatory. Yet it is so important a document with which every citizen
should be familiar as it directly and constantly touches every aspect of his
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 lan-
guage for both the beginning student and the layman.
The comments on the more important provisions, especially the new
ones, occupy more space, setting forth when deemed necessary, the 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 members of a democratic society.
HECTOR S. DE LEON
May 2005
iii
OFFICERS OF THE 1986
CONSTITUTIONAL COMMISSION
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
Chairman
Vice-Chairman
PREAMBLE, NATIONAL TERRITORY
AND DECLARATION OF PRINCIPLES
Decoroso R. Rosales
Gregorio J. Tingson
CITIZENSHIP, BILL OF RIGHTS
POLITICAL RIGHTS AND OBLIGATIONS
AND HUMAN RIGHTS
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Jose B. Laurel, Jr.
Joaquin G. Bernas
LEGISLATIVE
Hilario G. Davi de, Jr.
Adol fo S. Azcuna
EXECUTIVE
Lorenzo M. Sumulong
Florenz D. Regalado
JUDICIARY
iv
Roberto C. Concepcion
Ricardo J. Romulo
CONSTITUTIONAL COMMISSIONS AND AGENCIES
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Vicente B. Foz
Cirilo A. Rigos
LOCAL GOVERNMENT
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
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Bernardo M. Villegas
Jaime S.L. Tadeo
HUMAN RESOURCES
Wilfredo V. Villacorta
Lugum L. Uka
GENERAL PROVISIONS
Florangel Rosario Braid
'J.'eodoro C. Bacani
AMENDMENTS AND TRANSITORY PROVISIONS
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Jose E. Suarez
Bias F. Ople
STEERING
Jose F.S. Bengzon, Jr.
Napoleon G. Rama
PRIVILEGES
Yusuf R. Abubakar
Minda Luz M. Quesada
SOCIAL JUSTICE AND SOCIAL SERVICES
Chairman Teresa F. Nieva
v
Vice-Chairman
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Chairman
Vice-Chairman
Secretary-General
Sergeant-at-Arms
STYLE
Jose Luis Martin C. Gascon
Francisco A. Rodrigo
Efrain B. Trefias
SPONSORSIDP
Ser afin V.C. Guingona
Edmundo G. Garcia
PUBLIC HEARINGS
Edmundo G. Garcia
Jose Luis Martin C. Gascon
NON-DELEGATE OFFICERS
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vi
Flerida Ruth Romero
Roberto M. San Andres
THE 48 MEMBERS OF THE 1986
CONSTITUTIONAL COMMISSION
Commissioners
Abubakar , Yusuf R.
Alonto, Ahmad 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.
Laurel, Jose B.
Lerum, Eulogio R.
Maambong, Regalado E.
Monsod, ChristianS.
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vii
Natividad, Teodulo C.
Nieva, Ter esa Maria F.
Nolledo, .Jose N.
Ople, Blas F.
Padilla, Ambrogio B.
Palma, 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, Ricardo 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.
PAMBANSANG AWIT NG PILIPINAS
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 m ~ 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.
viii
SAYAN KO
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
ix
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
Makakalikasan at
Makabunsa
X
TABLE OF CONTENTS
Preface ..................... ..... ........ ...................................... ........................................... iii
Officers of the 1986 Constitutional Commission............................................. tv
The 48 Members of the 1986 Constitutional Commission ............................. vii
Pambansang A wit ng Pilipinas .......................................................................... vm
Bayan Ko ............................................................................................................... ix
Pledge of Allegiance to the Philippine i<'lag ...................... ............. .................. x
INTRODUCTION
A. THE STUDY OF POLITICAL SCIENCE
1. Meaning of political science...................................................................... 1
2. Scope of political science . ..... ..................... ......... .. .. .. ......... .......... ...... ........ 1
3. Interrelationship with other branches of learning................................ 2
., Function and importance of political science ..... ... ................................. 4
5. Goal in the study of political science courses......................................... 4
B. CONCEPTS OF STATE AND GOVERNMENT
1. Meaning of state.............................................................................................. 5
2. Elements of state ............................................... ......................................... 5
3. Origin of states ........................................................................................... 6
4. State distinguished from nation ............... .... .... ........ ................. .............. 7
5. State distinguished from government..................................................... 7
6. Purpose and necessity of government..................................................... 8
7. Forms of government................................................................................. 8
C. THE GOVERNMENT OF THE PHILIPPINES
IN TRANSITION
1. The pre-Spanish. government.................................................................... 10
2. Government during the Spanish period.................................................. 11
3. Governments during the Revolutionary era........................................... 12
4. Governments during the American regime ............................................ 14
5. Governments during the Japanese occupation........................ ............. 15
6. The previous Philippine Republics .......................................... ................ 16
7. The Provisional Government of 1986 .... .............. ........ ........ .... ............... 17
D. CONCEPT OF CONSTITUTION
1. Meaning of constitution............................................................................. 18
2. Nature and purpose or function of constitution..................................... 19
3. Meaning of constitutional law.................................................................. 19
4. Kinds of constitution.................................................................................. 20
5. Advantages and disadvantages of a written constitution.................... 21
xi
6. Requisites of a good written constitut ion ............. ..... ............................. 21
7. Constitution distinguished fr om statute ................................................ 22
8. Authority to interpret the Constit ution. ...... .... .... ............. .. ... ... .... .. ........ 22
9. Purpose in int erpreting the Constitution ... ............................................ 23
E. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
1. The 1935 Const itution .............................................................................. . 23
2. The 1973 Constitution ..... ........ ... ........................ .... ..... ....... .. .... ....... .... ...... 24
3. The 1987 Constitution ............................................................................... 26
4. Basic principles underlying the new Constitution ................................ 28
5. Rule of t he majority ........ .... ... ......... ............ .. .......... .. ........... ....... ............. .. 29
6. Crt>vernment of law and not of meu .......................................................... 30
PREAMBLE
1. Meani ng of Preamble ......... ......... ....... ...................... ............ .. ...... :... .......... 32
2. Preamble not essential in a constitution ................... ............................. 32
3. Object and value of Preamble................................................................... 32
4. Source of aut hority.. ...... .... ..... ..... ... .. ..... ... ..... ..... .. ....... ..... 33
5. Belief in Crt>d stressed ................................................................................ 33
6. National purposes and aims in adopting the Constitution...... ............ 34
7. Attainment of the constitutional goals ... ......... .... ........... ... ........ .... ......... 34
8. Changes in the Preamble .......... ................................ ......... ....................... 35
ARTICLE I - NATIONAL TERRITORY
SECTION 1
1. Necessity of constitutional pr ovision on National Territory ............... 38
2. National Territory of the Philippines................ ...................................... 39
3. Meaning of archipelago .. ...... .... ... ...... ......... ... ... .... .... .... .... ... ..... .. .. ........ .. ... 39
4. Other territories over which the PQilippines has
sovereignty or j ur isdiction ................................................ ....... ........ .. 39
5. Other areas included in the Philippine archipelago. ...... ....... .... .. .. ....... 40
6. Three-fold division of navigable waters......................................... ........ 41
7. Jurisdiction over navigable w&.ters ... ....... ......................... .... ........ .. ........ . 41
8. The archipelagic concept or principle of terr itoriality.. .. ... ..... .... ........ .. 42
9. The Philippine position ............................................................................. 42
ARTICLE II- DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES
SECTION 1
1. The Philippines, a democratic and republican state............................. 44
2. Manifestations of a democratic and republican state. ...... ............ ........ 44
3. Sovereignty of the people .... ........ .... .. ............. ....... ... .. ...... .. .... .... ... .......... .. 45
4. Right of the people to revolt ...................................... ........ ............. .......... 45
SECTION 2
1. Renunciation of war as an instrument of national policy .................... 46
xii
2. Adoption of the generally accepted principles
of international law as part of our law ........... ...................... ........... 4-6
3. Adherence to t he policy of peace, etc. , with all nations.................... .... 47
SECTION 3
1. Supremacy of civilian authority over the military...... .... .. .... ................ 48
2. Armed Forces of the Philippine<>, protector of the people
and the State........ ..... ........ ................................... .... ............................ 48
SECTION 4
l. Prime duty of the Government.......................... ....................................... 49
2. Defense of the State by the people against foreign aggr ession ........... 50
3. Military and civil service by the people.............. ................ ... ..... ... ......... 50
SECTION 5
1. Mai ntenance of peace and order, etc. ......................... ..... .. ..... ... .............. 51
SECTION6
1. Principle of separation of the church and State ..................... ...... ......... 52
2. Meaning of "establishment of religion clause".......... ............................. 52
3. No hostility towards religion .................... ................................................ 53
STATE POLICIES
SECTION7
1. Foreign policy of the Philippinl:lS ..................... ........... ........................ ..... 54
SECTIONS
1. Freedom from nuclear weapons policy ........ ................................. ........... 56
SECTION9
1. Just and dynamic social order... ................. ............ .......... ...................... . 57
SECTION 10
1. Social justice ............ ....... .. .... .... ............................................ ................... .. 57
SECTION 11
1. Human dignity and human rights................................ ........... ................ 57
SECTION 12
1. Strengthening the famil y as a basic autonomous
social institution ....... ... ..... ... ..... ................... ..... ...... ...... ....................... 58
2. Right to life of the unborn from conception and of the mother ........... 58
xiii
3. Rearing of the youth for civic efficiency and development
of moral character ... ............................................................... ..... ........ 59
SECTION 13
1. Role of the yout h in nation-building.................... ............. ............ ........... 60
SECTION 14
1. Role of women in nation-building. ....... ...... ............. ......... ... ......... ...... ...... 62
SECTION 15
1. Right r,f the people to health .................................................................... 64
SECTION 16
1. Right of the people to a balanced and healthful ecology ...................... 64
SECTION 17
1. Priority to education, science and technology, arts,
culture and sports .......................................... ............. ....................... 66
SECTION 18
1. Labor as a primary social economic force ... ....... .... . ........ .... .... .. ....... .. .. ... S-1
SECTION 19
1. Self-reliant and independent national economy.................................... 66
SECTION 20
1. Role of the private sector i n the economy .... ......... . .... ......... .... ........ ..... ... 66
SECTION 21
1. Comprehensive Tural development and Ul(Tarian reform..................... 67
SECTION 22
l. Rights of indigenous cultural communities ............................................ 67
SECTION 23
1. community-based or sectoral
organizations ............ .............................................. :............. ............... 68
SECTION 24
1. Vital role of communication and information
in nat.ion-building....... .. .. ...... .. .... ... ........... .... ................ .. ..... ....... ......... 69
xiv
SECTION23
1. Autonomy of local governments ............................................................... 69
SECTION 26
1. Equal access to opporluni ties tor public service.................................... 70
SECTION27
1. Honesty and integrity in public service .................................................. 71
SECTION 28
1. Full disclosure by the State of all its transactions ............................... 72
ARTICLE III -BILL OF RIGHTS
1. Concept of a bill of rights .......................................................................... 73
2. Classes of rights ..... ............ .............. .............. ........ ..... ............................... 73
3. Classification of constitutional rights..................................................... 74
4. State authority and individual freedom.................................................. 75
SECTION 1
1. Meaning of due process of law.................................................................. 76
2. Aspects of due process of law.................................................................... 76
3. Procedural due process.............................................................................. 77
4. Substantive due process............................................................................ 78
5. Persons protected ......... ......... ...................... ... . . ... . ... . .... ................. .... . .... . ... 78
6. Meaning of life............................................................................................ 78
7. Meaning of liberty...................................................................................... 78
8. i\.feaning of property................................................................................... 79
9. What constitutes deprivation ................................................................... 79
10. Meaning of equal protection of the laws................................................. 79
11. Reasonable classificat.ion permitted........................................................ 80
12. Scope of the guarantee............................................................................... 80
SECTION2
1. Meaning of search warrant and warrant of arrest.............................. .. 81
2. Scope of the protection............................................................................... 81
3. When search and seizure unreasonable.................................................. ~
4. Requisites for valid search warrant or warrant of arrest .................... 82
5. lVteaning of probable cause........................................................................ 83
6. Sufficiency of affidavit. upon which warrant is based........................... 83
7. Sufficiency of de::;cription .......................................................................... 83
8. Right against unreasonable search and seizure, personal................... 84
9. When search and seizure may be made without warrant .................... 85
10. When arrest may be made without warrant.......................................... 85
SECTION 3
1. Meaning of right of privacy....................................................................... 86
KV
2. Basics and purpose of the provision ....... .. .... ...... ... ............ ....... ... .. ......... . 86
a. Relationship with right againBt. unreasonable
searches and seiz!lres ...... ........ .................... ........ .. ......... ........... ......... 86
4. Limitations on the right ......................................... ................................... 87
5. Evidence illegally obtained ....................................... ..... ..... ...................... 87
SECTION 4
1. Meaning of freedom of speech, of expression, and of the press ........ ... 88
2. Scope of freedom of expression................................................................. 88
3. Scope of t erms "speech,'' "expression" and "press" ...... ...................... .... 88
4. Importance of the guarantee .............. .... ........................................... ....... 88
5. Freedom of expression not absolute ... ......... ........................................... . 89
6. Abridgment of ireedom of speech and of the press................ ... ..... ........ 89
7. Meaning of right of assembly and r ight of petition............................... 90
8. Rel ationship wi th freedom of s peech and of the press.......... .. .. ............ 90
SECTION 5
1. Meaning of religious freedom ......... ................. ..................................... .... 91
2. Meaning of religion ..... ..... ......... .... ........ ................ ...... ......... ......... ............. 91
3. Aspects of religious freedom ..................... .. .............................................. 91
4. Freedom of religious profession and worship......................................... 92
5. Dissemination of religious beliefs ....... ....... .. ............ ...... .... ............ .......... 92
6. License fee or tax on sale of religious articles ....................................... 93
7. Reli gious test prohibited .. ............. . ..................... ....... .......... ........ ... .... ...... 93
SECTION 6
1. Meaning of liberty of abode and travel ................. .... .............................. 94
2. Limitations on the ri ght ............. .... . ................. .... ...... ..... .. ............. ........... 94
SECTION 7
1. Right to information on matters of public concern................. ............... 95
2. Scope of the right. .... ........ ... ........... .................. ... ........................................ 96
3. Limitations on t he right. ...... ...... .... .... ....................................................... 96
SECTION 8
1. J\.ieaning of right to form associations, etc. ........ ....................... .. ....... .... 96
2. Purposes of the guarantee.. ..... ......... .... .. ....... .................... ......... .............. 97
3. Limitation on the right.......................... .................................................... 97
SECTION9
1. Essential or inherent powers of government .................................. ....... 97
2. Meaning of eminent domain ............................ ........... ,.............. ..... .......... 98
3. Conditions for or limitations upon its exercise... ................................... 98
4. Meaning of "taking" ............... ...................... ............................... ........ ....... 99
5. Meaning of police power ................. ................................ ........................ ... 99
6. Basis of police power ..... .............. ...... ............... .. ....... ...... ............... ............ 99
7. Illustrations of police power laws ............................................................ 100
"vi
8. Meaning of taxation................................................................................... 100
9. Theory and basis of taxation .................................................................... 100
10. Meaning of taxes......................................................................................... 101
11. Distinctions among the three powers...................................................... 101
SECTION 10
1. Meaning of obligation of a contract ....... .................................................. 102
2. Scope of terms "law" and "contract" ........................................................ 102
3. Purpose of non-impairment prohibition.................................................. 102
4. Wben obligation of contract impaired..................................................... 103
5. Freedom to contract not absolute............................................................. 103
SECTION 11
1. Constitutional tights of the accused in criminal cases......................... 103
2. Reasons for constitutional safeguards ......... .... ....................................... 104
3. Right to free access to the courts and quasi-judicial bodies................ 105
4. Right to adequate legal assistance .......................................................... 105
SECTION 12
1. Rights of person under investigation ...................................................... 106
2. Effect of violation of the rights................................................................. 106
3. When rights can be invoked...................................................................... 107
4. Waiver of right of silence and to counsel................................................ 107
SECTION 13
1. Meaning of bail .................................................. ......................................... 107
2. Purpose and for1n of bail ........................................................................... 108
3. Who may not invoke the right to bail...................................................... 108
4. Meaning of capital offense ................... ..................................................... 109
5. Excessive bail prohibited .......................................................................... 109
SECTION 14
1. Right to due process of law in criminal cases ........................................ 110
2. Right to presumption of innocence .......................................................... 110
3. Statutory presumptions of guilt............................................................... 111
4. Right to be heard by himself and counsel............................................... 111
5. Meaning and purpose of arraignment .................................. .... .... ........... 112
6. Importance of the right to counsel........................................................... 112
7. Right to be informed of the nature and cause of the accusation
against him .... . .. .. .... ... . ..... .. ...... ... . .... .... . ................. .... .... .... . .......... .... .. . 112
8. Right to have a speedy, impartial, and public trial.............................. 113
9. Right to confrontation.of witnesses......................................................... 114
10. Right to compulsory production of witnesses
and evidence......................................................................................... 114
11. Trial in the absence of the accused.......................................................... 115
SECTION 15
1. Meaning of writ of habeas corpus ............................................................ 115
xvii
2. Purpose of the writ.. .................................... ............................ ................... 116
3. How writ operates .................... .... ................ ..................... ............... .......... 116
4. Suspenflion of the privilege ofthe writ...... .... .. ............. ...... .... ........ .. .. .... 116
SECTION 16
1. Right to speedy dispos ition of cases .... ....... ................ ..... ................. .... ... 117
SECTION 17
1. Right agai nst self-incrimination .............................................................. 118
2. Scope of guarantee .. ........... .... .. .. ......... ......... .. ..... ... ......... ... ..... .... ...... ...... .. . 118
3. Nature of guarantee .... .......... ..... .... ......... .............. .. ............ ... .. ...... ............ 118
4. Form of t estimony prohibited ................................................................... :i 19
SECTION 18
L Ri ght against detention soleiy by r eason of political beliefs
and aspiraticns .................................................................................... 120
2. Meaning of involuntary servitude .... ............ ..................... ............... ........ 120
3. Purpose and basis of the prohibi tion ... .. .... .. .. . . .. .. ... .. . .. . . .. .. .. .. .. .. . .. .. .. ... .. .. 121
4. Exceptions to prohibition.... ...... ... .. .... .. ........... ........... .... ....................... .... 121
SECTION 19
1. Right again st excessi ve fines ...... .. ... .......... .......... ...... .... ... ...... ......... .. ... .. .. 122
2. Right agains t cruel , degrading, or inhuman punishments .................. 122
3. Purpose of the guarantee .......................................................................... 123
4. Imposition of the death penalty ........................ ....................... ............ .... 12:3
SECTION 20
1 . J\.leaning of debt .. . . .. . .. . . . .. .. ...... ...... .... ..... . .. .... .. .. ..... .............. ... . ...... ........... .. 125
2. Purpose of prohibition against imprisonment for debt ........... ......... .... . 125
3. Prohibition limited to contractual obligations only ............ ......... .... .. ... 125
4. Meaning of poll t ax ..................................................................................... 126
5. Purpose of prohibition against imprisonment for
non-payment of poll tax ..... ......................................... ........ ......... .. ::-: .. 126
SECTION 21
1. Right against double jeopardy.................................................................. 126
2. Requisites for existence of double jeopardy.................. ..................... .. ... 127
3. Right to appeal in criminal cases .. ... ......... ...... ............ .. .. .. ... ........... .. .. .. .. . 127
4. Classes of double j eopa rdy ..... ..... .................. .. ............................ .............. 127
SECTION 22
1. Meaning of ex post facto law ... .. .. ... .. ......... .. ... ... .... ...... ... ... .. ....... .. ........ .. ... 128
2. Character istics of ex post facto law................................. ......................... 128
3. Meaning of bill of attainder......... ............................................... .............. 128
4. Purpose of prohibition against bill of attainder ....... ....... ................ ..... . 129
xviii
ARTICLE IV- CITIZENSHIP
SECTION 1
1. Meaning of citizenship and citizen ......................................................... .
2. Distinguished from nationality and nationals ...................................... .
3. Meaning of subject and alien ................................................................... .
.
....
5.
6.
7.
8.
9.
10.
11.
12.
General ways of acquiring citizenship .................................................. ..
Citizens by birth ........................................................................................ .
Citizens at the time of the adoption of the Constitution ..................... .
Citizens by blood relationship ................................................................. .
Citizens through under the 1935 Constitution ..................... ..
Citizens by naturalization ...................................................................... ..
Meaning of naturalization ....................................................................... .
Nature of naturalization .......................................................................... .
Ways of acquiring citizenship by naturalization .................................. .
SECTION2
130
130
131
131
131
132
132
132
133
134
134
134
1. Kinds of citizens under the Constitution ................................................ 135
SECTION3
1. Loss of citizenship ................................................. .... ................................. 136
2. Reacquisition of lost Philippine citizenship . .......................................... 137
SECTION4
1. Effect of marriage of citizen to an alien.................................................. 137
SECTION5
1. Dual allegiance of citizens ........................................................................ 137
2. Retention and reacquisition of citizenship ...................... ....................... 1:18
3. Rights with corresponding obligations.................................................... 139
4. Duties and obligations of citizens............................................................ 140
ARTICLE V- SUFFRAGE
SECTION 1
1. Meaning of suffrage . ..... .. . ....... .......... ... ... .. ................... .. ...... .. .. .. ... .. .. . . .. . . .. . 144
2. Nature of suffrage ...................................... .............................. .... ... .. .... ..... 144
3. Scope of suffrage......................................................................................... 144
{. Qualifications of voters.............................................................................. 145
5. Age qualification......................................................................................... 145
6. Residence qualification.............................................................................. 146
7. Persons disqualified td' vote...................................................................... 146
8. Arguments justifying the lowering of voting age
from 21 to 18 ........................................................................................ 147
9. Arguments justifying removal of literacy requirement........................ 147
10. Property requirement prohibited............................................................. 148
11. Other substantive requirements prohibited........................................... 149
12. Compulsory suffrage .................................................................................. 150
xix
SECTION 2
1. System for securing the secrecy and sanctity
of the ballot ...... .. .... .. ........... .. . ..................................................... ......... 151
2. System for absentee ,oting by qualified Filipinos ................................ 152
ARTICLE VI- LEGISLATIVE DEPARTMENT
SECTION 1
1. Meaning of legislative pov1er .......... ................................................ .......... 153
'2. Meaning of law ... .. .. .... ........ ............. .... ........ ............. ... ........... ........... ... ....... 153
3. Functi on of Iav;.s ...... ......................... ............. .......................................... ... 153
4. Legislative power vested in Congr ess ....... .............................................. 154
5. Advantages of bicameralism.......... ............ .... ........ ............... ............ ........ 154
6. Dis advant ages of bicameralism ................................................................ 154
7. Scope of legislative power of Congress .......... ........ .... .................. 155
8. Clas5ification of powers of Congress ........... ...... .. .. ... ...... .. ........... ............ 155
9. Princi ple of separation of powers............................................................. 156
10. Principle of checks and balances. ......................... ...... ...... ............ ............ 157
SECTIONS 2-4
1. The Senate. ...... ........ .... .. ...... ............. ........ ....... ............ ....... ..... ........ .. .......... 158
2. Meaning of r egistered voter and r esidence ............................................. 159
SECTIONS 5-7
1. The House of .... ...... ... ... ... .......... ........ .. .. ................ ......... 160
2. Number, el ection/selection and classificat ion of members ................... 161
3. Apportionment of elected representatives ........................ ...................... 162
4. Party-list and sector al ;:epresentation .... ............. ............ ... ....... .. .. ......... 163
SECTIONS 8-9
1. Kinds of election for member s of Congress ............................................. 164
SECTION 10
1. Salariel:l of members of Congress .... ......... :............ ............ ................. ...... 165
SECTION 11
1. Freedom from arrest of members of Congress ....... ......... .... ..... .... ..... ..... 165
2. When immunity cannot be i nvoked ........................................ ............. .... 166
3. Freedom from being quest ioned for speech and debate ........................ 166
4. When immuni ty cannot be claimed ........ .. .. ............. ..... .. .... ... .... ............ .. 166
SECTION 12
1. Disclosure of financial and business interests ....................................... 167
SECTION IS
1. Disqualification to hold any other office or employment ........ .............. 167
XX
SECTION 14
1. Fiduciary position of members ...... .................. .. ... .... ........ .... .................... 169
SECTION 15
l. Sessions of Congress .... .................................... ............. ........ .... ................. 170
SECTiON 16
1. Officers of Congress .. ..... .. .. .... .... .... .... . ..... .. . .. .. .. ... .. ... .. .. . ..... .. .. .... .... ..... ..... . 171
2. Powers and functions of Senate President and House Speaker .......... 171
3. Meaning of quorum .. ..... .. ........ .. ... .................. ........................... .. ............... 172
4. Basis of quorum in each House ................ ................................................ 172
5. Adjournment in absence of quorum ............ ............................................. 172
6. Meaning and function of rules of procedure........................................... 173
7. Limitation"t on power to determine rules.............. ........... ....................... 173
8. Nature of power of each House to punish its members........................ 173
9. Votcsrequired................... ................................................ .......................... 174
10. Each House sole judge of disorderly behavior............... .... ..................... 174
11. Meaning of legislative journa l .......................................... ........................ 17 4
12. Purpose of journal-keeping requi rement........... .............................. ....... 174
13. Matters to be entered in the journal ............................. ........ .................. 175
14. Adjournment by either House without consent of the other................ 175
SECTIONS 1719
1. Electoral Tribunal in each House .... .................................... .................... 176
2. The Commission ~ Appointments in Congress .. ..... ............................. 177
SECTION 20
1. Records of Congress open to public................................ ...................... .... 178
SECTION 21
1. Power oflegislative inquiry and jnvestigation ........ ..... .... .......... ........... 179
2. Scope of the power....................................................................... ......... ...... 179
SECTION 22
1. Appearance of heads of departments before each House ..................... 180
SECTION 23
1. Power to declare existence of a state of war... ........ .. ... ................ ........... 181
2. War contemplated ..... ... ... ... ........ .. .................... .............. ..... ......... .............. 181
3. Delegation of cmerge11cy powers .............. .................. ....... ....................... 181
SECTION 24
1. Meaning of appropriations bill................................................................. 182
2. Kinds of appropriations ..... ... ..... .... ......... ..... ........ .................. .................... 182
xxi
3. :Meaning of other bills.............. .... .... ............................................... ........... 183
4. Bills which must originate in the House
of Representa tives.......................... ............. ................................... ..... 183
SECTION 25
1. Meaning of budget....... ................................... .... .......................... ............. 185
2. Submission of proposed budget by the President................ ...... ............ 185
3. lncreaae of appropriation recommended by the President.. ............ ..... 185
4. Prohibition agains t riders........ .. .... ....... .............. ... ......... .... .... ........ .......... 186
5. Procedure in approving appropriations ........... ........... .... .. ............ .. ...... .. 186
6. Requir ements with respect io special appropriations bill.................... 187
7. Requir ement t o insure a balanced budget.............................. ........ ....... 187
8. Prohibition against transler of fun ds .......................... ................. ......... .. 187
9. Rule as to discretionary funds ....... ......................... .............. .... .... .. .......... 187
10. Automatic reappropriation ...... .. ...... .............. .. .. .. ..... ........ ....... ....... .... ...... 188
SECTION 26
1. Limitations on the power of Congress ................ ................ ..................... 188
2. Prohibition agains t delegation oflcgislative powers ..... ....... .. .............. 189
3. Prohibition agains t the enactment of irrepealable laws.. .... .. .. .. .. ... ..... 189
4. Requirements to subject and ti tle of bills.............. ..... ................... .. .. 190
5. Meani ng of hodge-podge or log-r olli ng legislation ...... ...... ... .............. .... 190
6. Effect of violation of ..................................... .. ............ ... .. .... 190
7. Exceptions to the requirement ..................... .... ..................... .......... ..... .... 191
8. Steps in the pa8sage of a bill .. .. ..... ....... ...... .... .................... ......... .... ... ... .. 191
9. Purpose of provision requiring three readings of bill .. ........ .. .. .... ...... ... l92
10. Certification of bills by the President ............... .......................... ............ 193
11. Purpose of requi rement that yea:; and nays be en tered
in the journa l .. ..................... ......... ............. ..... .... ..................... .... ........ 193
SECTION27
1. Meaning of bill ..... .................... ......... ..... ........ ........ .. ............ .... ................. .. 194
2. Meani ng of stat ute ...... ......... ......... ............................. .... ..................... ....... 194
3. How statutes identified ............................... ....... ............................. ... ...... 194
4. Forma] parts of a Jaw............. ... .... .... .......................... .............................. 194
6. When bill may become a law..... .. ... ... ............ .. .. .......... ......... .. .. .. .. ...... ....... 195
6. Veto power of the President .. ............. ..... .......... ....... .. .. ......... .... .... .. .. .. .. .... 195
7 . Purpose of veto .. .. .. .. .. .. .. ... .. .. .... .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. ... .. . 196
8. Pocket veto not allowed ..... ... ...... .... . .. . .... . ... ...... ... . .... .... .... ...... .... ... .. .. .... ... 196
9. When partial veto aJlowed ............ ....... ....... ....... ...... ... ......... .... ...... ... ...... 196
10. Meani ng of resol ution.... ..... .... ....... .. .... ....... .. ... ................. .. .. ........ ..... ..... 196
11. UAe of resolutions .. .. ............ ....... .. ... ... .. .. .... .. ............... ..... .. .. .. .. .. ........ ..... 197
12. Kinds of r esolutions .... .......... .. .. ... ....... ............. ............ ...... ................ .. .... .. 197
SECTION 28
1. Uniformity in taxa tion............ .......... .............. .......... .. ..... ........... ....... .. ...... 1.98
2. Equity in taxation .. .................. ...... .. .................. .. ... .. ..... ........ .. ...... ... .. ....... 198
3. Progr essi ve syst em of taxati on.... .. .. ...... ............ ... .. .. .. ............ .. .. .. ......... .. 199
4. Delegation of taxing power t o fix t ariff rat es, etc. .. ............. ................. 199
5. Exemption of certain entities and properties from property taxes..... 199
xxii
6. Votes required for grant of t ax exemption ..............................................
SECTION 29
1. The powe r of appropriation ............ ........... ....... .... .... .... ........ ......... ......... ... 200
2. Meani ng of made by law" .................... .............. .............. 201
3. Prohibition against "JSe of public money or property
for religious rurpose ..... ............ .... . ... . . .... ........ .... ............ . .... .... ..... ..... . 20 1
4. Expenditure of special fund........ ...................... .... .................................... 202
SECTION 30
1. Law increasing appellate juris diction of Supreme Court ................. .... 203
SECTION 31
1. Pr ol-.ibi tiun agai nst gr anti ng title of royal ty or nobility.. ....... ...... .. ......
SECTION 32
1. Meaning of initiative and referendum ........ ..... .. .. .... ..... .......... ..... .. ......... 204
2. Congress to provide a system of initiative and referendum ... .... .. ....... 204
ARTICLE VII- EXECUTIVE DEPARTMENT
SECTION 1
1. President, t he E xecutive ................................................ ........................... 206
2. Meani ng of executi ve pow'3r ................................................. .. ....... ... .. ....... 206
SECTION 2
1. q ualifications of the President and Vice-President.... .. ........ ... ... .... ...... 207
SECTION 3
1. The Vice-President ...................... .......................... ............................. ........ 207
SECTION 4
1. Election of t he Presi dent and Vice-Presi dent ................................. ...... . 208
2. Term of office of t he President and ...................... ....... .. 209
3. Term of office distinguished from tenure of office; right
L(> hold office; and office... ..... .. .. ... .............. .... .. .... .. ......... .... ...... .... ...... 209
4. Reelection of President and Vi ce-Presi dent ............ ...... .. ... .... ..... ........ ... 210
5. Reasonll for prohibition 2.gainst r e-election of Pr esident ...... .. ............. 210
6. Canvassi ng of r eturns and proclamation ............. ....... ... .... . ..... ............. 211
7. Election contest i nvolving the position of President
or Vice-President ................. ...................... ....... .... .............. .... ............. 212
SECTION 5
1. Oath or affirmation of the President, Vice-Pr.esident ,
or Acting President........... ........... ............. .... .......................... .... ........ 212
xxiii
SECTION 6
1. Official r esidence and compensation of the
and Vice-President...... ... ................. ................................................. ... 213
SECTIONS 7-8
1. Classes of Presidenti al succe!!sion ......... .......... ....... ... .............. ..... .... .... .. . 214
2. When Vice-President s hall act as President .... .................. .................... 215
3. When Vice-President shall become Prc!:!ident ....................... ................. 215
4. Where there are no President and Vice-President.......... .. .. .............. .... 215
SECTION9
1. Vacancy i n the Office of the Vice-President ........................... .. ... ......... . 216
SECTION 10
1. Vacancy i n the Offices of both the President and Vice-President....... 216
SECTION 11
1. Rules in case of temporary di sability of the President.. .......... ..... ........ 217
SECTION 12
1. When public to be informed of state of health................... 218
SECTION 13
1. Disabilities of President , Vice-President,
of Cabinet. and their deputies a nd assistants .............. .... .............. 219
2. Rule on nepoti s m .. ..................... ......................... ........................................ 220
SECTION 14
1. Appoint ments extended h.v an Acting President..... ....... ............. ... ...... .. 220
SECTION 15
1. Appointments preceding a presidential el<:>ction . ........ ............ .......... .. 221
SECTION 16
1. Meaning of appointment ... .... ... ... ... .. ............ ....... .. .... ....... ........ .. .. .. .. ...... 222
2. Nat.t..re of power to appoint .. ....... .. .. .. ....... .. ................ ... .. .............. .. .... ... .. 222
3. Officials whose appointments are vested in the President................ .. 222
4. Confirmation of appoint ments by Commission on Appointments ....... 223
5. Appointment by other officials...... ... ........... ..... ...... .... ................. .......... 224
6. Kinds of presidential appointments ........................ ........................... ..... 224
7. Ad interim appoi ntments ............................. .......... ............. .................... .. 224
8. Kinds of appointment in the career services .. .. ..... ............................... .. 225
9. Steps in the appointing process .......... ..... ............................. .. ........... .. .. .. 225
xxiv
10. Kinds of acceptance.......... .......................... ........ ........................................ 226
11. Meaning of designation ......................................................... ..... ... ............ 226
12. Removal power of t he President............................................................... 226
13. Extent of the President's power to remove............................................. 227
SECTION 17
l.. Power of control over all executive departments,
bureaus and offices ... .................. ............................ ..................... ....... 227
2. Nature and extent of the power of control................... ................. .......... 228
3. Power to insure that the laws be faithfully executed.. .. ..................... .. 228
SECTION 18
1. Military power of the President ............................................................... 229
2. Powers of President as Commander-in-Chief
of the Armed Forces . .. .. . ... . .... ........... ...... .... .... ... ..... .. .... ....... ..... .... .... ... 230
3. Authority of Congress over the armed forces........ ................................. 230
4. Power to suspend privilege of writ of habeas corpus ............................ 230
5. Power to declare martial law ................................................................... : 231
6. Meaning of martial law ............................................................................. 231
7. Basis, object, and duration of martial law.. ............................................ 231
8. Restr ictions on the exercise of the two powers . .. .. .. .. .. ... .. . .. .. .. . . .. ... .. ...... 232
9. Effects of a state of martial law............................................................... 233
SECTION 19
1. Pardoning power ......................................................................................... 234
2. Meaning of reprieve and suspension of sentence .................................. 234
3. Meaning of commutation .. ..... ..................... ........ ...... ...... ........................... 234
4. Meaning of pardon ........................................................................... .......... 234
5. Object of pardoning power ..................................................... ................... 235
6. Kinds of pardon ..... ...... ..................... .......................... ................... ............. 235
7. Limitations upon the pardoning power................................ .............. ..... 235
8. Effects of pardon.... .. ......... ..... ............................................. ..... ....... ........... . 235
9. Remission of fines and forfeitures .................................................... ....... 236
10. Meaning of amnesty............................................................... .... ................ 236
11. Effect of amnesty........................................................................... ............. 236
12. Pardon and amnesty distinguished......................................................... 236
SECTION 20
1. Authority to contract and guarantee foreign loans ............................... 237
SECTION21
1. Meaning of treaty ...... ,.......................................... ....... ........ ..... ..... ............. 238
2. Distinguished from international agreement
and x ~ u t i v agreement ........................................ ........................... 238
3. Steps in treaty-making.............................................................................. 239
SECTION22
1. Budgetary power of the President........................................................... 239
XXV
SECTION 23
1. Prerogative to address and appear before Congress............................. 240
ARTICLE Vlll- JUDICIAL DEPARTMENT
SECTION 1
1. Meaning of judicial power......................................... ........... ..................... 241
2. Scope of judicial power ................................... ... .... .... .... ... . .......... .............. 241
3. Giving of advisory opinions not a judicial function. ... ........................... 242
4. Judicial power vested in one Supreme Court and in lower courts...... 243
5. Organization of courts ...... .............. .... ............. ............................. ............. 243
6. Quasi-j udicial agencies........ ................... ......... ...... .................................... 244
7. Importance of the judici ary .................................. ....... ................. ............. 244
8. Independence of the judiciary .................................................................. 245
SECTION 2
1. Power to apportion jurisdiction of various courts
vested in Congress .................................................. ... ......................... 246
2. Jurisdiction of courts ....... ............ ........................... ....... ..................... ....... 247
SECTION 3
1. Fiscal autonomy ......... ... .................. .. .... ...................... ..... ... .. .............. ........ 247
SECTION 4
l. Composition of the Supreme Court.......................................................... 248
2. Sitting procedure ............................................................ ...... ...................... 248
3. Cases to be heard or decided en bane and vote required...................... 249
4. Meaning of executive agreement............................ .................................. 250
5. Classes of executi 1e agreements ........................ ...................................... 250
6. Meaning of power of judicial review.......................... .................. ............ 250
7. Limitations on exercise of power of judicial review ....................... ....... 251
8. Justiciable question disti nguished from political question .............. .... 251
SECTION 5
1. Original jurisdiction of Supreme Court over cases
affecting ambassadors, etc. ................................................................ 253
2. Original jurisdiction of Supreme Court over petitions
for certiorari, etc. ....... ................. ............. ....... ..................... ............... 254
3. Exclusive appellate jurisdiction of the Supreme Court............. ........... 255
4. Assignment of judges of lower courts to other stations ..................... ... 255
5. Change of venue or place of trial ........ ................... ........................ .......... 256
6. Rule-making power of the Supreme Court .............. :.............................. 256
7. Limitations on the rule-making power of the Supreme Court ............ 258
8. Substantive and procedural law/rights distinguished.......................... 259
9. Appoi ntment of officials and employees .................................................. 259
SECTIONS
1. Administrative supervision over lower courts .................. ..................... 260
xxvi
SECTION 7
1. Qualifications for members of the u p r e m ~ Court
and any lower collegiate court......... .................................................. 261
2. Authority of Congress to alter qualifications of certain
constitutional officers ................. ............. ..... .. .................. ....... ........ ... 261
3. Qualifications of judges of lower courts ..... ............ ................................. 261
4. The admini stration of justice ................................................................... 262
SECTIONS 8-9
1. Appointment of members of the Supreme Court
and j udges of lower courts . .. . .. ... .. .. .. .... .. . .. ... .. . .. .. .... .. ... .. .. .. ................ 264
SECTION 10
1. Compensation of members of the judiciary ............................................ 265
SECTION 11
1. Tenure of office of members of t he judiciary .......................................... 266
2. Meaning of good behavior ......................................................................... 267
3. Disciplining or dismissal of judges of lower courts ........................... .... 267
SECTION 12
1. Prohibition against designation to quasj-judicial
and/or administrative agenci es.................................. ....... ............. ... 267
SECTION 13
1. Procedure in rendering decisions .................. ........................................... 268
2. Requirement in case of non- participation, di ssent, or abstention..... . 269
SECTION 14
1. Meaning of decision.... ..................... ............................................ .............. . 269
2. Form of decision of court ..... .................................... .................. .... ........ .... 269
SECTION 15
1. Maximum periods for rendition of decisions...................... ............. ....... 271
2. Time limitations mandatory..... ............................................ .. .................. 271
SECTION 16
1. Submission of annual report......... .................... .................. ...................... 272
AR'l'ICLE IX- CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
SECTION 1
1. Independent constitutional bodies........................................................... 273
xxvii
SECTION2
1. Disabilities of members of Constitutional Commissions...................... 274
SECTION 3
1. Compensation of members of Constitutional Commissions ................. 27 4
SECTION4
1. Appointment and removal of officials and employees........................... 27 4
2. Other common features............................................................................. 275
SECTION 5
1. Fiscal autonomy.......................................................................................... 276
SECTION 6
1. Rules of procedure...................................................................................... 276
SECTION7
1. Rendition of decision and judicial review............................................... 276
SECTION 8
1. Additional functions under the law......................................................... 27i
B. THE CIVIL SERVICE COMMISSION
SECTION 1
1. Composition of the Civil Service Commission........................................ 277
2. Qualifications ofmembers ........................................................................ 278
3. Appointment and terms of office .............................................................. 278
4. Rotational scheme of appointment ....................... ................................... 278
5. Reasons for creation of the Commission................................................. 279
SECTION2
1. Meaning of Civit Service ........................................................................... 280
2. Scope of the Civil Service .......................................................................... 280
3. Constitutional classification of positions in the Civil Service............. 280
4. The merit system........................................................................................ 281
5. Non-competitive positions......................................................................... 282
6. Guarantee of security of tenure ................................. 283
7. Meaning of"for cause provided by law".................................................. 283
8. Abolition of position ................... ................................................................ 284
9. Prohibition against electioneering and other partisan
political campaign............................................................................... 284
10. Meaning of electioneering or partisan political campaign................... 285
11. Activities not covered................................................................................. 285
12. Right of government employees to self-organization ............................ 286
xxviii
13. Right of government employees to strike ..... .......................................... 286
14. Protection oftemporttry employees.................... ......... ............................. 287
SECTION 3
1. Powers and of the Commission ............................................... 287
2. Importance of a permanent civil service ................................................. 288
3. Purpose of providi ng a civil service system. ........................................... 289
4. Basic requisites of a civil service system............ .......... ........... ............... 289
SECTION 4
1. Oath to dt!fend and support the ........................................ 290
SECTION 5
1. Standardization of compensation............... ..... ......................................... 290
SECTION 6
1. I neligibility for appoint ment of defeated candidate
in an election ... .. .. ........... .. ... ...... .. ..... .................. .. ... .. ............ .. ........... 291
SECTION 7
1. Ineligibility for appointment of elective official s ....... .......................... .. 292
2. Prohibition hol ding more than one position
by appoin tive officials ............... ... ........ ...... ......................... ................ 292
SECTION 8
1. Prohibition agai ns t additional, double, or indirect compensation...... 293
2. E"c 2ptions to the prohibition ........ .. .. ........... .. ...... .... ...... .................... ... ... 293
3. Prohibition again,-.t acceptance of any present, etc. from
any foreign st.ate ................................. ................................................. 294
C. THE COMMISSION ON ELECTIONS
SECTION 1
1. Composition of the Commission on Elections ........................................ 295
2. Qualifications of members ....... ................................. ..................... ........... 295
3. Appointment and terms of office ....... ......................... ............ ............ ...... 296
4. Purpose of the Commission ............................... ....... .......... .. ..... ................ 296
SECTION 2
1. Powers and functions Ofthe Commission............................................... 298
2. Finality of decisions ............... ........ ........ ......... ..... ................................... ... 300
3. Rationale of r egistration of political parties .............................. ............ 301
SECTION 3
1. Hearing of election cases.......... ............................ ..................................... 301
xxix
SECTION 4
1. Regul ation of public utili ties and media ............................. ............ ........ 302
SEC'flON 5
1. Pardon, etc., of violators of eleetion laws ............. ............. .................. ... 303
2. Meaning of parole ..... ..... ........................................... ..... ..... ........................ 303
3. Meaning of suspension of se ntence....................... ........ .. .... ........ ............. 303
SECTIONS
1. Meani ng of pol itical party .... .. .................. .. ... .. .. .. .. .................... ........ .. .. .... 30:3
2. Fr ee and open party system.. ..... .. .......................... ....... .... .. .. ..... ....... ........ 303
SECTION 7
1. Party-list. ... ... ........................................................ .......................... 306
SECTION 8
1. Membership ()f political pnrties, etc. in registration boards, etc. ....... 307
SECTION 9
I . Election per iod ..... .... ... .. ... ...................... ................... ..... .......... ........... .. .. .... 308
2. Campaign period .............. ................................................. .. ....................... 308
SECTION 10
1. Protection against harassment and discrimination ................... ........... 308
SECTION 11
1. AutomaLic of appropriations .......... ................ .. ........................... 309
D. THE COMMISSION ON AUDIT
SECTION 1
l. Composition of the Commiss:on on Audit............................................... 310
2. <tualjfications of members................. .. ..................................................... 310
3. Appointment and terms of office.................................. ............................ :n 0
4. Purpose of the Commi:;sion................ ......................... ............................. 311
SECTION 2
1. PowerH and functions of the Commission .............. ... ....... ....................... 312
2. Concept of examination, auditing, and settlement of accounts........... 314
SECTION 3
1. Exemption of any government entity or its subsidiary ........................ 315
XXX
SECTION 4
1. Submission of report to t he President and Congress.... ........................ 315
ARTICLE X - LOCAL GOVERNMENT
GENERAL PROVISIONS
SECTION 1
1. Mea ni ng of local 317
2. Import ance oflocal governments ....................... .......................... ............ 317
3. Territorial and poli tical s ubdivisions of the Philippines.. .... .. ........ ..... . 318
4. Dual status of local governments........ ........ .. ............... .. .......................... 318
SECTION 2
1. Meani ng of!,Jcal autonomy ............... ................................................ ........ 319
2. Meaning of decentralization ............. ..... ..... ......... ..................................... 319
3. Reasons for grant ing local autonomy ........ .. ... ......... ... ........ ......... .... ....... .. 319
SECTION 3
1. Enactment oflocal government code ........ ... ... ..... .. .. ...... .. ... ........ .... ......... 321
2. Mechanisms of r ecall , i nitiati ve, and referendum..... ................... ......... 321
SECTION 4
1. Supervi sor y power of Pr esident over local governments ...................... 322
2. Supervisory power with r espect to component uni t " ....... .................. ... 322
SECTION 5
1. Taxi ng power of local government s constitutionally granted ........ ..... . 32:3
SECTION 6
l. Automatic release of share of national taxes ....................................... .. 324
SECTION 7
J . Share in proceeds of uti lization and development
of national wealth .... .... .... ..... ... .... ......... .. ... .... ........ ... ..... .... .. ........... .. .. 324
SECTION 8
l. Term of office of local offic:als ... .. ..... ... .. ....... ........ ... ... ........... ..... 32o
SECTION 9
1. Sectoral representation in local legislative bodies .. .. .. .. ................... ..... 326
xxxi
SECTION 10
1. Creation, division, merger, etc. of any local uni t ................................... 326
SECTION 11
1. Creation of special metropolitan political subdivisions............. .. ......... 327
SECTION 12
1. Component cities and highly urbanized cities ....................................... 328
SECTION 13
1. Grouping of local government units ............... .... .................. ............ .... ... 328
SECTION 14
1. Regional development councils or other similar bodies........................ 329
AUTONOMOUS REGIONS
SECTION 15
1. Creation of regions ... ............................................................ 330
2. Composition and condition for creation of autonomous regions .... ...... 330
SECTION 16
1. General supef"\isory power of the President over
regions .... .......... ........... ..... ... .. .. .... ... .... ... ... ... ..... ..... ...... .. . 331
SECTION 17
1. Residual powers vested in the National Government................. ... ....... 331
SECTION 18
1. Enactment and ratification of an organic act for each
autonomous region .... ... . .. .. .. ... .... .... .... . ......... .... ......... .... . .... ........ ..... .... 332
SECTION 19
1. Time frame for the passage of organic .. ... ........ ..... .................. ..... .
333
SECTION 20
1. Legislative powers of autonomous regions .. .... ....... :........... .................... 333
SECTION 21
1. Preservation of peace and order within the regions . ........ .. ...... ............ 334
xxxii
ARTICLE XI -ACCOUNTABILITY OF PUBLIC OFFICERS
SECTION 1
1. Meani ng of public office and public officer............................................. 335
2. Nature of public office ............................................................................... 335
3. Meaning of officer and employee.............................................................. 336
4 . Public oftice, a public trust....... ......................... .... ................................... 336
5. Accountability to the people ......... .. .. .................. ..................... ........ ......... 337
6. Importance of maintaining public trust in public officers ............. ...... 338
SECTION2
1. Meani ng and nature of impeachment................. .......................... ......... .. 339
2. Purpose of impeachment ................. .................. .... .................... ................ 339
3. Officials removable by impeachment....................................................... 339
4. Removal of other officials................................................................ .......... 340
5. Grounds for impeachment......................................................................... 340
SECTION 3
1. Power to initiate and try impeachment vested in Congress .... .. ........ .. 342
2. Procedure in impeachment cases............................................................. 343
3. Penalty in impeachment cases ........................................................ ......... 343
4. Effect of resignation....................... ......................... .......... ......................... 344
5. Rules on impeachment...... ......................... ........... ....................... .............. 344
SECTION 4
L The anti-graft court known as the Sandiganbayan ............................... 344
SECTIONS 5-11
1. Office of the Ombudsman to be known as Tanodbayan ........................ 346
2. Rationale for creation of the two bodies.................................................. 34 7
SECTIONS 12-13
1. Powers, functions, and duties of the Ombudsman.................... ............ 349
SECTION 14
L Fiscal autonomy............ .. ................. ..................... ... .......... ............. ............. 351
SECTION 15
1. Right of the State to recover ill-gotten wealth....................................... 351
SECTION 16
1. Prohibition against grant ofloan, guaranty or other form
of financial accommodation ........................ .............................. ......... 352
xai ii
SECTION 17
1. Declaration of assets, liabilities and net worth ...... ............................... 352
SECTION 18
1. Duty of allegiance to the State and the Constitution ........................... 353
ARTICLE XII- NATIONAL ECONOMY AND PATRIMONY
SECTION 1
1. Concept of national economy and patrimony ........... ................. ............. 354
2. Three-fold goals of the national economy ..................... .......................... 355
3. Strategies to accomplish goals ... :....... ................... .... .... .............. ............. 356
4. Guidelines in the development of the national economy ...................... 356
5. Promotion of industrialization and full employment............................ 357
6. Protection of Filipino enterprises against unfair foreign
competjtion and trade practices........................................................ 359
SECTION2
1. State ownership of natural resources...................................................... 361
2. Objectives of policy on natura] resources ............................................... 362
3. Alienation of agricultural lands of the public domain ...... .................... 362
4. Exploration, development and utilization of natural resou:rc2s .......... 363
5. Period of agreement for exploration, etc., of natural resources .......... 363
6. Agreement for exploration, etc., of natural resources
limited to Filipinos.............................................................................. 364
7. Protection of marine wealth ................................ ............ .. .......... .. .... ....... 364
8. Small-scale utilization of natural resources by Filipinos
to be allowed . ...................................................... ..... . .... ....................... 365
9. Technical or financial assistance agreements
with foreign-owned corporations....................................................... 365
SECTION 3
1. Classification of lands of the public domain........................................... 366
2. Basis and 1ationale of classification........................................................ 367
3. Determination of size of landholdings and conditions
therefor ... .................................. ........ .... ..... ..... ...................................... 367
4. Maximum size of landholdings................................................................. 367
5. Grant, now a mode for the aequisition of public lands ......................... 368
SECTION 4
1. Congress to determine specific limits of forest lands
and national parks.............................................................................. 370
SECTION5
1. Protection of rights of indigenous cultural
communities to their ancestral lands............................................... 371
x.xxiv
SECTION"S
1. Use of property bears a social function........... ........................................ 372
2. Right to own, Cl:ltablish and operate economic enterprises................. . 373
SECT10N7
1. Acquisition of pri vate lands.............. ...................... .................................. 374
2. Prohibi tion against alien landholding...................... .... .. ......................... 374
3. Consequence of violation of prohibition... ............................. .................. 375
SECTION 8
1. Right of natural-born citizens who have lost their
citizenship to acquire pri vate lands ......... ........ ............... ....... ........ . 375
SECTION9
1. Independent t.1conomic and planni ng agency headed
by the President. t.o be established ...................... .. .................. ..... .... . 377
SECTION 10
1. Filipinization of ce-rtai n areas of investments ..... ............................ ..... 379
2. Higher percentage of Filipino ownership..... ............. . ................ ............ 379
S. Existing laws limiting certain activities to Filipi n<
citizens or corporations ..... .... .......... ............. .... ................................. . 380
4. Regulat ion of foreign 380
SECTION 11
1. Meaning of franchise.. .................... ..... .................... .................. .... ............. 382
2. Meaning of-public utility.. .......................................... .................. .... ......... 382
3. Limitations upon grant of fra nchi se, etc. ......... .... ........................... ....... 383
4. Purpose oflimiti ng period of franchise.......... ....... .... ... ....... ................... . 383
5. Equity participation in public utilities ........... ... ..... .. ........................ ...... 383
6. Foreign par tici pation in any public utility.. .. ........ .. .. .. .. ............ .. ........ ... 384
SECTION 12
l. Adoption of ''Filipino First" policy .. .... ................................. .................... 384
SECTION 13
l. Promotion of trade policy that serves t he general welfare .................. 385
SECTION 14
1. Promotion of national talent pool of Filipinos ............ ........................... 387
2. Encouragement. of appropri ate technology .......... .................. ...... ........... 387
3. Regulation of technology trans fer .... .. .. ................................ ....... ...... ...... . 388
4 . Practice of all professions limited t o Fili pino!' .................. ...... .... ........ .. . 389
XXXV
15
1. Agency to promot.e viability and growth of cooperatives
to he c!'eat.ed ......................................................................................... 389
SECTION J6
1. Formaliun. orgllnization. and regulation of corporations.................... 390
2. Creation of government-owned or -controlled corp0l'at1ons ................. 391
SECTION 17
1. Temporary take-over or- direction of private busim!;;S
by the government .............................................................................. 392
SECTION 18
1. Go\ernment ownership of husine!'is ............................ .... .. .................... 392
SECTION 19
1. Meaning of monopoly................................................................................ 393
2. Regulatiun or prohibition of private monopolies ................................... 393
3. Meaning of restraint of trade................................................................... 393
4. Meaning of competition ............................................................................. S93
5. Meaning of unfair competition................................................................. 394
6. Comhination!'i in test.r-aint. uf trade and unfair
compP.tition prohibited ....................................................................... 394
SECTION 20
1. Central monetary authority to be established....................................... 395
SECTION21
1. Rules with respect to foreign loam;.......................................................... 396
SECTION22
1. Act:; which circumvent or negate Articl(> XII ......................................... 396
ARTICLE XIII- SOCIAL JUSTICE AND HUMAN RIGHTS
SECTIONS 1-2
1. Concept of social justice............................................................................ 397
2. Duty of State to prc,motc social justice .................. ,................................ 397
3. Beneficiary of social justice policy ........................................................... 398
4. Social justice and property rights............................................................ 399
5. Social jui<t.ice neither social/economic nor legal/political equality...... 400
6. Social justice through of property
and dif'fu;;ion of wealth....................................................................... 400
7. Social justice through promotion of equality
of opportunity ...................................................................................... 401
xxxvi
8 . Constitut ional provisions on social j ustice .... .............. .............. .. ........... 401
LABOR
SECTION 3
1. Prot ect ion to labor................................ ... ............................... .................... 403
2. Promot.ion of full employment and equal work opportunities ............. 404
3. Rights of workers....... ....... ... ....... ...................................... ..... ... .................. 405
4. Principle of shared respon s ibility .................................... .......... .. ... ......... 407
;). Methods for resolving labor ... .............. .......... ........ .. ... ... .. ......... 407
6. Roci procal rights of labor and enterprises............ ..... ..... .... ... .. ............ ... 408
AGRARIAN AND NATURAL RESOURCES REFORM
SECTION 4
1. Undertaking an agrar ian r eform pr ogram ............................................. 409
SECTION 5
1. Planning, organi1.ation, and management of the program......... .......... 411
SECTION 6
1. Dis pos ition of other natural r esources and of public
agr icul tural es tate::> ........................................................... .................. 412
2. Resettlement of landless farmers and ..... .. ...................... 412
SECTION 7
1. Rights of subsistence fisher me n and fishworkerf-! ..... ... ...... .. ..... ........... 413
SECTION 8
1. Inves t ment incen tives to landowners........... .. ........ ....... .. .. ... .... .. .. ........ ... 413
URBAN LAND REFORM AND HOUSING
SECTION 9
1. Undertakir..g a continuing urban land reform
and housing program ........... ......................................... ... .......... ......... 414
SECTION 10
1. and reset tlement of urban 0 1 rural
poor dwellers.. ........ ................... ........ ........ .. ...... .... .. ... .... ..... ...... ...... .... 416
HEALTH
SECTIONS 1113
J. Protection and promotion of the right to hE>alth ..... .... ........................... 417
xxxvii
WOMEN
SECTION 14
1. Protection of working women ....................... ............................................ 420
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
SECTIONS 15-16
1. Role and righto of people's organizations...... ........ ..... ... .. ...... ...... ........... 421
2. Obligatlons impo:;ed on the State ............... ......... ............ ............ ............ 422
HUMAN RIGHTS
SECTION 17
1. The Commission on Human Rights ................................ . .
2. Reasons for creation nf t.he Commissinn ........... .......... ..
SECTIONS 18-19
422
423
1. Powers and functions of Commi;;sion ....... ........ .. .. ......... .............. ..... 425
ARTICLE XIV- EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE AND SPORTS
EDUCATION
SECTION 1
1. Concept of education............................................ ..... ... ........... .. ................ 427
2. Ways for acquiring education ................ ........................... ....................... 427
3. Goals in giving priority t-o etc. .......... ................ .................... 428
4. Right of all to quality education ...... ....... ...... ..... ....................... 42R
5. Duty of the State to protect and promote right
to quality educat.i1m .................. ............................. .... .. ...... ........... 429
SECTION 2
l. Complete, adequate, Hnd integrated system of educat.ion
to be established, maintai ned, and supported ................. ............... 430
2. System of education t o be relevant to the needs
of the people and society .................................. .... ............................. 431
3. System of a free publ ic education to be estabiished
and maintained... .. .. ... ................... ......... ............ ..... ............................. 440
4. Compulsory elementary education for all child,en of school age........ 440
5. Natural right and duty of parcnLli to rear their children............ ....... .. 441
6. Righ t oft.he State to a educated citi zenry.. .. ........ .. ........... 441
7. System of scholan;hip grants, etc., t.o be established
and maintained .......................... ..................... .... ...... .... ........ ............... 442
8. Non-formal, i nformal, and indigcnom; learning
;;ysterr.s. etc. , to he encouraged ............................. ........ .......... .......... 442
9. Training in civie:;, vocational cfficiem:y and other
skills to be provided...... ................................. ..... ... .................. ........... !45
xxxviii
SECTION 3
1. Study of Constitution to be part of school curricula ............................. 446
2. Educational ai ms of schools...................................................................... 446
3. Importance of values education... .... ........ ...................... ......................... .. 447
-l . Role of other sectors in the education of the youth........ .... ....... ...... ...... 448
5. Optional reli gious instruction in public elementary
and high schools to be all owed ........ .. .......... .. ..... ..... .... .. ......... .. ......... 449
SECTION 4
1. Complementa ry roles of public and private educational
institutions recognized ..... ..... ... .. ...... . ..... ....... ..... .... .................. .......... 450
2. State power over educational 451
3. Ownership, control and administration of educational
ins ti t ut ions by Fi lipino t-'itizcns ..... .... ......... .. .. ... ........... ........... ......... 452
4. Educational instit ut ions est abli shed exclusively
for aliens pr ohibited......... ....................................... ............................ 453
5. Exemption from taxes and duties .................... ........................................ 453
SECTION 5
1. Regioual and sectoral needs and conditions to b:> taken
into account ....................... ............. ............. ........ ..... .......... ................. . 455
2. Institutions of hi gher !earni ng t o enjoy academic freedom ................. 456
3. 'Meaning of academic freedom ... .... ....................... ... ..... ......... ................. .. 456
4. Importance of guarantee of academic freedom ...................................... 157
5. Guarantee not academic licens e .... ....................... ....... .. ............. .............. 457
6. Right of every citizen to select a profession or
of study . .. . .. . .. . .. .. . . ... ... .. .. .. .. .. .. .. .. .. ... .. ... .. ..... ... .. .. .. . .. . .. .. . ... .... .. ... . . .. .. .. . . .. 458
7. Right of teachers t o professional advancement ...... ... .. .... .. .. ... ............... 458
8. Right of non-teaching academic and non-academic per sonnel ........... . 460
9. State to assign the highest budget ary priority
to education................. .......... .................. ... ......................................... . 461
10. Duty of State to improve lot of t eachers .... ....... .................. ............. .... .. 461
LANGUAGE
SECTION 6
1. Concept of language .............. :......... ..... .... ............................... ................. .. 462
2. Importance of language ............................... ..... .......................... ........ .... .. 462
3. National language is Filipino .. ..... .............................. .... ........................ .. 462
4. Pilipino not immediately abrogated ...... ............ ..... .... ..... .............. ....... ... 463
5. Need for a oHtionallanguage .. ..................... ... ........ ..... .... .... .................. .. . 464
6. Use of Filipino as a medium of offici al communica tion
and language of instruction .... ............................... ............................ 464
SECTION 7
l. Official languages ofthe Philippines ...................... ................................ 465
2. Need for communication skills i n English...... ...... .. ............................... . 465
3. Auxiliary offi cial languages.. .. ... ......... ................ .. .... .. ..... .... .. .............. .. ... 466
4. Difference bet ween official language and national language ...... ...... .. 467
x.xxix
SECTION 8
1. Constitution ofliciall y promulgated in Filipino and English...... ........ . 467
2. Translation and interpretation ............................... ..... .... .... .................... 467
SECTION 9
1. National language to be .................................. 46R
SCIENCE &'lD TECHNOLOGY
SECTIONS 10-13
1. Concept of science and technology ... ....................................................... .
2. Science and technology essential for national
469
development and progress . ................. . ................ ......................... .... 469
3. Promotion of science and t echnology............... .. ...................................... 4 71
4. Science and technology education and training............ ................. ........ 4 72
5. Right to inventions, etc., to be secured...................... ............. .......... ...... 473
',,,',,,
ARTS AND CULTURE
SECTION 14
\.
\\
1. Conceptofart sand culture... .. .. .. .. ..... .. ..................... .. ...... .. .... .................. 474
2. Importance of culture ................................................................................ 4 74
3. Promotion of culture .... .......... .... .... .................. .... ...................................... 4 7 5
4. Preservation, enrichment, and dynamic evolution
of a Filipino national culture........ .. .................................. ................. 4 76
SECTIONS 15-16
1. Cultural trea::;ures ofthe nation .............................. .. .. .......... .................. 4 78
SECTION 17
1. Rights of indigenous cult ural communities.......... .......................... ....... 4 79
SECTION 18
1. Equal access to cultural opportunities............. ....................................... 480
SPORTS
SECTION 19
1. Concept of sports .......................... ................ .................... ......... ............... .. 480
2. Promotion of s port;, ...... ............................ ....... ......... :...... .. .. .............. ......... 480
ARTICLE XV -THE FAMILY
SECTION 1
l. Concept of family ...... ................................................. ......... ........................ 482
xl
Importance of the family to the State ................................................... ..
The Filipino family, the fonr.clation of the nation ................................ .
Sphere of law on fan1ily ........................................................................... ..
SECTION 2
482
483
484
1. Concept of marri<tgf' ................................................................................... 484
2. Marriagt\ an inviolahle social institution .............................................. 484
SECTION 3
1. Duty of State to defend family right;;...................................................... 485
4
1. Duty to ca!'e for eldel'ly members............................................................. 487
ARTICLE XVI - GENERAL PROVISIONS
SECTION 1
1. The Philippine Flag................................................................................... 489
2. Exemption from flag eenmony on religious grounds............................ 491
SECTION 2
1. Adoption or a new name country, a national
anthem, or a naLional ............. ........................... .. ...................... 492
2. Playing or singing of the 1\ ational Anthem............................................ 494
SECTION 3
1. Pri neip le of mnH;u abih ty of the State . .. ... .. .. .... .... .... .... ............. .... .... .... 494
2. Bases of the principle;;;............................................................................... 495
:i. When suits against the State .............................................. 495
1. Waiver of immunity 110t admi!,:sion of liability...................................... 496
SECTION 4
1. Armed Forces of Phi hppinc;; to include a citien
arn1cd force........................................................................................... 496
2. The citi.,en army ........................................ 497
SECTION 5
1. Rules applicable tc the armt>d forcef<....................................................... 498
SECTION 6
l. One national and civilian police 499
SECTION 7
l. Assistance to veterans. their widow;; <tnd orphans............................... 501
xli
SECTION 8
1. Review of pensions anrl other b<mefi ts due to ret.in!eS ............ ......... .... 501
SECTION 9
1.
Protection of cons umers .... ..... .. ............ .. .... ... ...... .... ... ..... .. ........ .. .... .... .... . 501
SECTION 10
1. Filipino capability in ancl informati on ..... .. .... ....... ...... 502
SECTION 11
1. Ownership and management. of mm;s mNlia
by Filipino citi <, cns ... ...... .. .... ............. ... .. .. ...... .. ........ ... .. .... ..... .. .. .. .... ..
2. Regulation or prohi bition of monopoli S i n cc,mmtrcial
mass media ........ ........ ............. ....... ..... ... .......... ... .... .................. ...... .... ..
3. Regul ation of the advertisi ng indu.:.;t;_v .. ............... .. ... ....... .............. .... ..
4. Ownership and munagement of a clverti:;ing indw'tt' }' .. ....... ........ ...... ..
SF.CTION 12
1. Creation of consultative body ror indigcnou;; cultllra l
504
,. ... . -
i'i05
fi05
506
communities. .... .............. .... .. .. ......... ... .... ....... .. .... ....... ... ........ ... ..... ... .... 506
ARTICLE XVII- OR REVISIONS
SI!:CTION 1
1. Amendment and r evision distinguished ... .... .... ........ .. ... ...... .................. 508
2. Importance of the a mending proeedurP .... ......................... .. .. ............... 508
3. Methods hy which a mendments or revi.:;ion
may be propos ed .......... .... ... ........ ..... ..... ....... ....... .. .. .... .. .... ... .. .. .. .... .... .. 509
SECTION 2
L Amendments propo!:!ed by the people th rough initiative.............. ........ :309
SECTION 3
1. Methods by which a constitutional n; ,;y be callf>d . 510
2. Meaning of constitutional con vent ion .. .. . ... . .. .. ... . ... ...... .. ... .. ... .. ... .. ... ..... 511
3. Cons titution drafted by an appointive Con.:;titutionnl
Commission... .................. .................... .... ... .... ... .... .. ... .. ... ... ... ...... ..... . 511
SECTION 4
1. Rati5ca t.ion by the peopl e ...... ............... ..... .. ..... ....... ..... ..... .... ............. ... .. 512
ARTICLE XVIII - TRANSITORY PROVISIONS
l. Meaning and of t ransitory pr ovisions ....... ........ .... .... ..... ... ..... .. 5 13
xlii
SJ<-:CTIO!"'J 1
1, Fir:;t el{ction under the Con,titut.ion ............ , ....................................... 513
S.J<:CTION 2
1. Term of office of Hevrt:sentatives, and locul
of'l'iciais first ele('tcd ............................ ,............................................... 514
SECTlON 3
1. All exist.\ng law!', ete .. remain valid until amended,
or revoked............................................................................. 514
SECTION 4
L Renewal vr extension of treaties or international
agreen1cntil ......... .................................................................................. 515
SECTiON 5
L Six-year term for incumbeilt President. and Vice-President
extended......................................... ................................................... .... 515
SECTION 6
1. Transitory legislative power of President............................................... 517
SECTION 7
1. Appointment of nominee::; to sectoral seats ......................................... .. 517
SECTION 8
1. Metropolitan Authority may be eon:-:tituh:d ........................................... 517
SECTION 9
J. Sub-provinces to continue to Hnd operate..................................... 518
SECTION 10
1. Existing courts to <:ontinur. ....................................................................... 518
SECTION ll
1. ln(;umbent members of the judicil.lry to continue in office................... 519
SECTION 12
1. Adoption of a p!an to expedite
of pending cases in coLtrts .................................................................. 519
xliii
SECTION 13
1. Legal effect of lap;;c uf maxim\HO period Cor l'CIHl ering
j udicial decision .......... ..... .... ................ ... ... ....... ....... ....... ....... .. ........ 519
SECTION 14
1. Wl1erc applicable period for rendi tion of judicial deci:;ion
lapsel! after ratificat-i on of C(tnsti tution ...... .. ... ...... ... .................. .. 5:l0
SECTION 15
l. Incumbent members of the Constitutional
to continue in office..................... ........................ .... ... .... ........ .... ....... 520
!
SECTION 16 ,/
/
.
1. Right. of separated civil ttnd career (Jfficc!'s ... ........ 521
SECTION 17
l. An nual of constit.ut.ional officers.. .... ............ ...... ............... ..... ... 521
SECTION HI
1. Incr ease of salary scales of olht!r offi cials and employee:< ............ ....... 51:2
SECTlON 19
l . Disposition of properties, rec:tlt'd::<. et<:. .......................... .... ...................... ;)22
20
1. Full implementation of free puhlic seconda 1y educai. ion ........... .. .. ...... 522
SECTION 21
1. Reversion to State of illegally ucq p11b!ic lands
and rea_l rights cunnected t.hc1cwith .. .. ........ ... ....... ..... ............. ........ 523
SJ-.;CTlON 22
1. Expropriation of idh! or aba ndotH1d la nds ... ...... ............... ..... .......... ...... . 523
SECTION 23
1. Compliance hy adYertising compa nies with minimum
Filipino ownership requirement .............. ... .............. .... ............ .... .... 524
24
l. Private armies and other armed groups t.o be dismantled ...... .. .. ..... .... 524
Jtl!v
SECTION25
1. Requirements for allowing foreign military base!!
in the Philippines............. ...... .............................. ............................... 525
SECTION 26
1. Sequestered or frozen properties .................................. ..... ...................... 526
SEC1'ION 27
L Effectivity of the ne"v Constitution....................................................... ... 527
ORDINANCE.......................................... ............................................................. 528
- oOo-
xlv
INTRODUCTION
A. THE STUDY OF POLITICAL
SCIENCE
Meaning of political science.
Reduced to its simplest terms, political science is the systematic study
of the and government. The word "political" is derived from the
Greek word polis, meaning a city, or what today would be the equivalent of
sovereign state; the word "science" comes from the Latin word "to
know."
c 1) The of politics. therefore, has, as its formal object, a basic
knowledge and understanding of the state and of the principles and ideals
which underlie 1t::; organization and activities .
. (2} It is primarily com:erned with the association of human beings into
a "body politic," or a politl<:al community (one o1ganized under government
and law}.
(3) As such, 1t deals with those relatiom> among men and groups which
are subject to control by the state, with the relations of men and groups to
the state itself, and with the 1elations of the state to other states.
2
Scope of political science.
Political science is a very field. Its curriculum is almost
certain to include courses in political theory, public law, and public admin-
istration as well as in various monl specialized subjects.:i
d) Political theory. --- The entire body )f doctrines relating to the
!Tht! word ''state" should not be wnfu;;ed with t.he states such as tho::;e which comprise
the Unitc,d States. As used above, the term is equivalent to "nation" or "country," for
E-!Xcllnple. lhc United States, Britain, Philippines, Japan, etc. which are state!i in the
polit.it:al scientist's sense. tRode:;;, Ander!i>on, and Christo!, Introduction to Political Science,
McGraw-Hill, Inc., 1967 ed .. p. 4.)
2
Schmandt and Steinbirker .. t'andamentllls of Government, The Bruce Publishing Co.,
1954 ed., pp. 17-18.
"Such as local political p.:rties, elections, public opinion, public finance,
government. and business, comparative political institutions, international relation!> includ-
ing diplomucy (or international politicb} and organizations.
1
2 TEXTBOOK ON THE PHILIPPINE CONSTITUTION
origin, form, behavior , and purposes of t he s t ate are dealt with in the study
of polit ical theory.
(2) Public law. - The (aj organization of governments, (b) the limita-
t ions upon gover nment authori t y, (c) t he power s and of governmen-
tal offices and officers, and (d) t he obligations of one state t o another ar c
handled in the study of public l aw. In contradistinction to the rules of
private law, which govern the among individuals, public law is so
specialized that separate courses are offered in each of its subdivisions -
constitutional la.w ( a , b ), administrative law (c ), and international law (d).
(3) Public administration. - In the study of public administration,
attention is focused upon the methods and techniques used in the actua l
management of st ate affairs by executive, legi slative, and j udicial branches
of government. As t he compleY.ity of government activities grows, the
traditional distinctions among t he powers of these br anches become even
less clear-cut.
4
Today, legislative 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. Thus , we find many administr ative agencies exercis -
ing quasi-legislative and quasi-judicial power s , i.e., powers which are legis-
lative (see Ar t . VI, Sec. 1.) and judicial Art. VIII, Sec. 1.) in na ture.
Administr ative law, alr eady r eferred to, nlso scope of
any broad study of public administ r ation.s "-
Interrelationship with other branches
of learning.
No precise and defi nitive bouudal"ies can be placed around a subject as
comprehensi ve as poli tical science . lt shares many points of common inter -
est with ot her s ocial di scipli nes.
(1) History. -The bond between the polit ical scientist and the histo-
rian is obvious in the observation t hat "hist ory is past politics and politics
present history.'' 'fh.e political sci entist fr equently adopts a "his tori cftl
approach" and employs knowledge of the past when he s eeks t o interpret
present and probable developments in polit ical phenomena.
(2) Economics. - - Until late i n the 19th century, political science and
economics (the study of t he production, distribution, and conservation, and
consumption of wealthj were coupled under the name of political economy.
Today, these fields are j ointly concerned with t he fact that economic condi -
tions affect the organization, development, and activities of states, which in
turn modify or even pr escribe economic conditions. The political scientis t
regul arly adopts an "economic approach" when seeking to inter pret such
matter s as "public financial policies'' and government r egulation of business.
'See Jacobsen and Lipman, Poli t ical Science, Barnes and Noble College Outli ne
1965 ed. , pp. 2 3.
-'See Rodee, Anderson. and Christ.ol, J, op. c:it . pp. 14-15.
I N'rROOUCT!ON 3
A. The Study of Political Science
@ Geography. - Geopolitics (a science concerned with the study of the
influences of physical factors such as population pressures, sources of raw
materials, geography, etc., upon domestic and foreign politics) indicates
one approach which a political scientist frequent 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, and the rise of authoritarian governments in developing countries.
(4) Sociology and anthropology. - The political scientist, the sociolo-
gist (who specializes in the study of "sudety as a whole"), and the anthro-
pologist (who studies ''mankind'' in relation to physical, social, and cultural
development) are all deeply concerned with the origins and nature of social
control and governmental authority, with the abiding influences of race
and culture upon society, and with the patterns of collective human behavior.
(5) Psychology. - The political scientist as well as the psych9logist
promote:.; studies of the mental and emotional processes motivating the
political behavior of individuals and groups. One of the many topics which
the political scientist handles from a "psychological approach" is that of
public opinion, pressure groups, and propaganda.
(6) Philosophy. - 1'he concepts and doctrines of Plato, Aristotle and
Locke (and other universal thinkers about the state) are important to the
specialist in academic philosophy and also to the political scientist. These
concepts arc the underlying forces in the framing of constitutions and laws.
The political scienti st considers the branch of called ethics, too,
when he contempl ates the moral background of proposed changes in soc.-ial
legislation.
(7) Statistlcs and logic. -The political theorist must possess a broad
scientific background and a knowlf!dge of current political problems, and
he must employ scientific methods in gathering and evaluating data and in
drawing conclusions. These a proper application of statistical pro-
cedures for the quantitative measurement of social phenomena and of
logical procedures for the analysis of
(8) Jurisprudence. --This branch of public la.\v is concemed wit.h the
analysis of existing legal systems and also with the ethical, historical,
sociological, and psychological foundations oflaw ."'A comprehension of the
nature of law (whether the ''natural law" or the ''divine law") and of
statutes enacted by legislatures is indispensable to the political
Law and state are inseparable. A:'tf:...states proclaim laws, effective
within their jurisdictions, and enforce them through a system of penalties
or sanctions. To maintain a fu11 understanding of the facts of politkal life,
6
Sce Jacobsen and Lipman, note 4, op. cit., pp.
7
Rodee, Anderson, and Christo!, not e 1, up. cit ., p. 14.
6
See Jacobsen and Lipman, note 4. op. ci t. ., p. 4.
4 TtJXTBOOK 'J'HE PHI LI PPINE CONSTITUTION
t he political sci ent i st has t o combine the legal with t he extra-legal view-
points.9
Function and importance of political
science.
(1) The function of political science to discover the pr inciples that
should be adhered t o in public affairs und to st udy t he oper ations of
government in or der to demonstrat e what i s good, t o criticize what i s bad or
inefficient, and to suggest improvements.
(2) Its fi ndings and concl usions may be of immense pract ical use t o
const itution-makers, legislators, executives, and j udges who need models
or norms that can be applied to immediate situati ons. Again, t hey may be
of immense practical use t o individuals who seek to the state in
which they live.
( 3) The study of political science deal s also wit h problems of social
welfat'e, governmental economic programs, internationa l cooperation, and
a wide range of other matters t hat are urgent concern t o publi c offi cia ls and
to private citi z.ens.
10
Goal in the study of political science
courses.
/
!
I
Why s hould t he university or college student st udy political
What good will i t do hi m or her, in l ater life'! Will it hel p in getting a j ob -
i n "getting ahead"? Are political s cience courses ''practi cal" (i. e., voca-
tional)?
(1 ) Education for cit iz(mship. - I n answer, it should be made clear that
the primary objective of the political science curriculum is educat ion for
citizenship. The preparation of students for careers in politics, law, t eachi ng.
the civil service, and t he foreign service (t hough vitally important ) is Recond-
ary to the of equipping them t o dist:ha rgE> t he obligations of democratic
citi zenship, which grow constantly heavier in the modern world.
(2 J E.c;sential parts of liberal education. _ .. Most polit ical science courses
should be viewed as essential parts ofl iber"' l education, bearing no materi-
ahstic pr ice tag and promising no j ob s ecurit y. Such shop-worn adjectives
as "practical" and "cultural" have no relevance here. I ntelligent, responsi-
ble cit izens hip can save democracy; ignorance and negligence can lose it .
Democracy has practical advant ages which no one can appraise in mon-
etary terms. Just how much is freedom worth? The oft-repeated but seldom
comprehended quotation, vigilance is the price of liberty," r equires
amendment. Study, infor mation, a nd understandi ng of t he complexities of
modern government and politics are necessary as et ernal vigilance.

p. I.
iNTRODUCTION 5
B. Concept!:< of Slate and Government
1.3 J Knowledge and understanding of' government. - Political science
:;eeks to gather and impart this knowledge and understanding. 'fhe "good" .
citizen who behavl:!s him1:wlf <md votes regularly is no longe1 enough. He
must algo be citizen who knows the answers. He know his
.government really operates, what interests and forces are behind particu-
lar policies, what the results of such policies are likely to be, what his
rights and obligations are, who his elected representatives are, and what
they stand for.
11
B. CONCEPTS OF STATE AND GOVERNMENT
Meaning of state.
A stale is a c:ommunity of persons more or less numerous, permanently
occupying a definite portion of territory, having a government of their own
to which lhe great body of inhabitants render obedience, and enjoying
freedom from


The Philippines is a state.
Eiements of state.
.
The modern state has four (4) essential elements. They are:
(1) People.- This refers to the mass of population living within the state.
Without people there can be no fimctionarie8 to govern an<l no subjects to be
governed. There is no requirement as to the number of people that should
compose a state. 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. Its
estimated 500 citizens, mainly clerics and some Swiss guards, are ruled by the
Pope.
14
The island Republic of Nauru
15
has a total population of only about
9,000. China is the largest state in point of population placed at more than one
billion.
The Philippines is now estimated to have a population of about
82,663,000,
16
composed mostly of Malays and Chinese;
1
'Rodec, Anderson, and Christ.ol. note 1, OfL i:it., pp. 17-1H.

Gamer, Introduction to Political Science, pp.

Gar11er, p,,Jitical and Gtw't., p. 74.


"In 2003, the Vatican had a population ofjul't 492, a world record. with only 240 people
holding citizensh;p, hut about 111 million tourists arriving t-ach yeur tn !:'1:'1:' the headquarters of
the Roman Catholic Church ancl the home ufthe Pope. iManila ,Jan. 1, 2004, p. A-2.'
1
;Locatcd in the southwest. l'acifk ;1bout aO !'Outh of thl Equator and 1,300 miles
northeast of Australia. The Republic c,f Palau, one of thi1 Micronesian islands about iOO
kilometers east of Mindan;;o. hRs a population of about 15.000 in 1973. The island kingdom of
Tonga located in the western South Pacific Ocean. with Fiji on the West and Samoa on the
northeast, ha!'; a population of about. 100,000 in 2003.
'GIJ'his is :1ccording to the data from the National Cen1;us and StatisticR Offict- !NCSO}. It
may now he about 85 million. The latef't actual account, which is done e-very five (5) years, in
20<)0 was 76,498.735, with a 2.:H>'1i annual growth rate. The 1995 waH 1>8,616,536 with
a growth rab of 2 a2'iL
6
TEX'l"SOOK THF. CONSTlTCTION
<2) Territory.-It indudes not only _wl:lic!l th!:! jurisdiclion of
the but also .. "therein, a area. of.the
sea itB coasts and the air space above it. Thus, the domain of
the state may be described as terrestrial, fl uvial, maritiri1e, and C!erial.
..... - . .. . . -- -4- - -
The smallest s tate in point of territory is Vatican, located just outside
the western boundary of Rome with a n area of only 1/() s quare mile or 0.43
squar e kilometer. It would flt in Rizal Park in Manila. The Republic of
Nauru h as an area of about eight (8) square miles or 20 square kilometers.
The former Sovi et Unjon
17
was t he largest state in point of territory with
its t otal land a rea of about 8,599, 776 square miles. Now, the biggest st.ate
is Canada, havi ng a n ar ea square miles whi.ch covers a sur face
nearly as large as Europe.
The Phjlippines has a total land area of about 115,707 squar e miles or
299,681 :.>quare kilometers;
1
-'-
(3) Q.ourrnment.- It refers to which thc.Yt:ill_Qf!,he
carried_Q.. l_lt. The word is sometimes
to refer to the person or aggregat e of those persons in whose hand::; ar e
placed for t he time being t he function of political control. This "body of
men" is usually spoken of as The ordinary citizens of a
country ar e a par t of the state, but a.re not par t of the government; and
( 4) .SD..uerdg.n.ty. - The term may be defined as of
the state> to.Qm.111and .oQa._he-':J.ceto ltl) will fr om people within
its j urisdiction and corollarily
1
t o have freedom from foreign cont rol. It has,
therefore; two mani festations: . -- . .. H - O -
0
- ,/:r .
- /
(a) _i_n f.J:.r.!Jg_l or the
a nd
(b) or the free99..!!LQLt_he s tate to out its acti viti es
.21 control by .9.thtir External sovereignty. i::;
often referred t o as .
These internal and exter nal aspct:ts of sovereignty a rt' not ab:wlutely
true in pr actice because of the de\'el upment of i nterna tiona l rel a tions and
consequently, ofinternational la\<. .

There are several theories concerning the origir, of state::;. amlmg which
are:
( 1) right t heory. - I t holds tha t the s tate is of divine creation
a nd the ruler is ordained by God to govern t he people. Refer ence has been
made by advocates of this theory to the laws which Mos es received at
Mount Sinai;
17
With the collapse of communi sm, the Union of Sovi et Sociali,:;L Republic (USSR) broke
up into several independent st ates, r eferring to as the Confederation of lode-
pendent Siates tCIS).
'AA square tn ile is equivaltmt to 2.59 squa1c kilomet ers.
INTRODUCTION 7
B. Concept.s of State and Gon!rnment
(2) m force theocy... ---It maintains that states must have been
created through force. by some great. warriorfo\ who imposed their will upon
i..he weak;
(3} Paternalistic: theory_ --- It attributes the origin of states to the
enlargementof the family \vhich remained under the authority of the
father or mother. By natural stages, the family grew into a clan, then
developed into a tribe which broadened into a nation, and the nation
became a state; and
( 4) Social contract It asserts that the early states must have
been 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.
History, however, 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.
Nation should not be confused with state a5 they are not the same.
( 1) The a while vation is an A
'l:E.no_rds a,.group ()f .P...t-!:.ertain characteristics such
as common 'SOcial" origin, language, customs, and traditions, and who be-
lieve that they are one and distinct from others. The term is more strictly
synonymous with
(2) A state is not subject to external control while a nation may or may
not be independent of external control; and
(3l A single state may consist of one or more nations or peoples and
conversely, a single nation may be made up of several states. The United
States is a melting pot of several nationalities. On the other hand, the Arab
nation is divided politically into several sovereign states. Among them are:
Egypt, Saudi Arabia, .Jordan, Syria, Lebanon, and others. The Philippines
is a state composed of one nation.
In common usage, however, the two are often used synony
mously. The Constitution uses them interchangeably.
State distinguished from government.
In common speech, they are usually regarded as identicaL As ordinar-
ily, the acts of the government (within the limits of the delegation of
powers) are the act.1-l o! the state, the former is 111eant when the latter is
mentioned, and vice versa.
The only
is possible to
have a government w1thout Thus, we had var10us governments
different periods of our history, from pre-Spanish times to the present.
TEXTHOOK 0::--1 THE PH.ILIPPJNE CONSTITlJTTON
There was no Philippine state during those periods when we were under
foreign domination .. , -- /,... ':"' j.Jvvi"'J\ t ....
- .. . ..)}I'Jtlfl':-. 'vf' ).I\ N ':. ' "
A government may change, 1fs form may but the state, as1ong
as its esgential clements ar e present, remains the same.
Purpose and necessity o1 government.
(1) Advancement of the public welfare. - Gover nment exi sts and should
continue to cxi!->t for t he benefi t- of the people governed. It is necessary for
the protection of society and its members , the security of persons and
property, the administra tion of justice, the preservation of the state from
external danger, and the advancement of the physical, economic, social and
cultural well-bei ng of t ho people.
(:l ) Consequence of absence. - Government exista lo do these things
which by t heir ..Jery nature, it is bettP-r equipped to admi nister for the
public welfare than any private i ndividual or group of individuals. It is
obvious that wit hout an organized structure of government, anarchy and
disorder, and a general feeling of fea r and inse<.:ur ity will in society,
progress and development will not be possible, and value:; taken for granted
in a free modern society such as truth, freedom, j ustice, equality, r ule of
law, and human dignity can never be enjoyed.
The need for government is so apparent that even the most primitive
societies, history shows, had some form of it.
Forms of government.
The principal for ms are t he following:
(] l As to number of per:wn.s exerdsing sovereign
(a) lviJ/[q)chy or 9lle in which t he supreme and final authori ty is in
the hands of a single person without r egard t o the source of hi:; e lection
or the nature or duration of hi.!> t enure. Monarchies are fur ther classi
fted into: /_...r-
1) Absolute mona.rch:y or one in which the ruler rilles by divine
r ight; and
21 Limited monarchy or one in whkh the ruler rule1-:. in accord-
antt! w!th a constitution; c., ...
lhJ or in which political power i s exercised by a few
privil eged class which is known 11!-; an aristocracy or oligarchy; and
. D - h - h 1 . I . . . d b
tel . em?.lcracy or .P{te m w IC po ttl<.:a power 1s exercise y a
rnajOJ"i ty oi"the people.
1
'' Democratic governments are further classifi ed
int o:
1) J)i rect or pure democracy or one in which the will ofthe state
is for mulated or expressed and t hrough the
,<:,
-------

SciCJ)Ce and Government, p. :315.



rNTRODlJCTfON
B. Conct!pf.s of Sl<ltt' <md Government.
....... '\lorv ,.L. ...._".
c..J;;- , .!l . .-
people in a mass meeting or primary assembly rather than through
the med1um of delegates or representatives chosen t1) act for thern;
20
and
2) Indirect, representative, or democracy or one in
which the ltillof the state is formulated and exp1essed through the
ag_encygf.a..r.clati:v.cly sm.alland select body.oTp-ersons ch075en by the,
people to act as their

(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; and
J "---'.A v--1. .. --:.. .
--' -- (b) Federal governmertt or one in which the powers of government
.. "- are divided between two sets of organs, one for national affairs and the
vther for local affairs. each organ being supreme within its own.phere.
The United States is a federal government.
. ..... .. (),
... ',,n (3) As to relationship between the executive and the legislative branches
-...: \-;.'' of'\he government:
-:.,._._ .. u ;() Parliamentary government or one in which the state confers
f - upon the legislature the power to terminate the tenure of office of the
.:--/. ... - d, real executive. Under this system, the Cabinet or ministry is immedi-
4>'.'-..i :f
.---. .t. _ ately and legally responsible to the legislature and mediately or politi-
cally responsible to the electorate, while the titular or nominal execu-
. ._,j.., t.ive - the Chief of State- occupies a pMition of irrespon.sibility; 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 hug(! exlent as regards his policies and acts, and
furnishes him with sufficient powers to p-revent the legi::;lature from
trenching upon the sphere ma1!>.ed out by the constitution as executive
independence and pre.rogativG.
22
On the basis of the above dassHications of government, it can be said that
the Philippine government is a representative democracy, a unitary and
presidential government with separation of powers. It also embodies some
aspects of pure democracy such as, for instance, the constitutional provision
on initiative and referendum. (see Art. VI, Sec. 32.) Under our Ctmstitution,
executive power is vested in the President and the Cabinet, legislative power
with the Congress composed of a Senate and a Hou.sc of Representatives, and
judicial power with the Supreme Court and the lower

iii no longer phyFoically in nn_v country today because of increase of popula


tion, expansion of territory, and complexity of modern-day problems.

21
Garner, note .19, p. :H!).
ztS(<C Garner, Introduction to Political Science, pp. 97-100.
2
'
1
Fundamentally, what determine;; the effectiveness of a government to promote the
common good and achieve the development gnal!; of a nation is not it.ii form, but t-he quality of
men and women whro serve in it.
10
TEXTBOOK TTH: PHTLIPPJ NE CO.NSTITU1'ION
C. THE GOVERNMENT OF THE
PHILIPPINES IN TRANSITION
The pre-Spanish government.
(1) Unit of government. - Prior to the of t he Spaniards, the
Philippines was compolSed of settlements or each called barangay
(consisting of more or less 100 families j, named after balangay, a Malayan
word meaning "boat" (ther eby confirming the t heory that the early Filipi-
nos came to the Philippines in boats). Eve1y was virtually a
stat e, for it possessed t he four basic elements of statehood. At times,
however, some barangays joined together as "confederations" mainly for
the purpose of mutual protection against common enemies.
(2) Datu. -- Each barangay was ruled by a chief called datu in some
places, and rajah, sultan or hadji in ot.lwrs. He wn::; its executive, law-
giver, chief judge, and military head. In the performance of his duties,
however, he was assisted usuall y by a council of elders (maginoos) which
served as his advisers. One could be a datu chiefly by inheritance, wisdom,
wealth, or physical prowess.
In form, the barang-ay wHs a monarchy with the d<ht as the monarch.
(3) Social classes i11 the ba.rangay. ---The people of the barangay were
divided into four classes, namely: the nobility (maharlika), to which the
datu belonged, the freemen (tima.wa), the serfs (a/iping namamahay), and
the sloves (aliping sagigilid).
(4) Early laws. -The early Filipinos had both wri tten and mnvritten
laws. The written lawl3 were promulgated by th(: <latus. The two known
written codos in the prt:> -Spanish era are the "!vlaragtaH CodE'" which was
said to have been written about 1250 A.D. by Datu Sumakwel of Panay,
and t he "Kalanti aw Code" written in 1433 A. D. by Datu Kalantiaw. also of
Panay. The unwritten laws consisted of customs and t raditions wVc:'h had
been passed down from generation to !
(5) Comparison wWt other ancient govermnrnts. -- It can be said that
the l aws of the barangay generally fair. The syst em of.government,
although defective was not so bad considering thl:! conditions in other lands
in the age during which it flourished. An eminent s cholar has written: "The
Filipino people, l:!ven in the prehistoric times had already shown high
intelligence and moral virtues; virtues and intelligence clearly manifested
in their legislation, which, taking into consider atiori the circumstances and
t he epoch in which it was fr amed, was clearly as as prudent, and as
humane. as that of t he nations then at the head of civilization. "
21
2
'S"'e Grego1io F. Znide, Phil. Oov't ., 1962 ed., pp. 12 1 9: "A Rough of Pre-
Spanish Legislation in the Philippine;; ,'' by .Justice Norbcrto Romualdez, PhiL Law Journal ,
Nov., 1914, p. 179.
11
C. The Government of the Phili ppines in Transi t ion
Government during the Spanish period.
1 1) Spain's title to the Philippines. - It was based on the discovery
made by Ferdinand MagQJlan in 1521, consummated by its conquest by
Lopez de Lgazpi forty-five years later and long possession for
almost four centuries, until it was terminated in 1898, when by the Treaty
of Paris, t he Philippines was ceded by Spain to the States.
(2) Spanish colonial government. -- From 1565 to 1821, the Philip-
pines was indirectly governed by the King of Spain through .Mexico. From
1821, when Mexico obtained her independence from Spain, to 1898, the
Philippines was ruled directly from Spain. The council in Spain responsible
for t he adminietration of the Philippines was the Council of the Indies. In
1837, it was abolished and legislation for the Philippines was temporarily
performed by the Council of Ministers. From 1863, the Ministry ofUltramar
(colonies) exercised general powers of supervision over Philippine affairs.
Three times during the Spanish period (1810-1813, 1820-1823, and
1836-1837), the Philippines was given representation i n the Spanish Cortes,
the legislative body of Spain. A basic principle introduced by Spain to the
Philippines was the union of the church and the state.
(3) Government in the Philippines unitary. - The government which
Spain established in the Philippines was centralized in structure and
national in scope. The barangays were consolidated into towns (pueblos)
each headed by agobernadorcillo (little governor), popularly called capitan,
and the towns into provinces, each headed by a governor who represented
the Governor General in the province.
Cities governed under special charters were also created. Each of these
cities had an ayuntamiento or cabildo (city council). Cebu was the first city
to be established in 1565 in the Phi lippines. The second was Manila , in
1571.
(4) The Governor-General. -The powers of the government were actu-
ally exercised by the Governor-General who r esided in Manila. He was
"Governor-General," "Captain General," and "vice-royal patron." As Gover-
nor-General, he had executive, administrative, legislative, and judicial
powers. As Captain-Gener al, he was Commander-in-Chief of all the Armed
Forces in the Philippines. As the vice-royal patron, he exercised certain
religious powers. Because of these broad powers, it been said that the
Governor General enjoyed more powers than the King of Spain himself.
was justified, however, because of t he distance of t he Phili ppines from
Spain.
In the administration of the Philippines, the Governor-General was
assisted by many boards and officers, particularly the Board of Authorities
and the Council of Administration.
The first Spanish Governor-General in the Philippines was Miguel
Lopez de Legazpi (1565-1571) and the last was Gen. Diego de los Rios
(1898).
12 Tl<;XTBOOK ON THE PHILIPPINE CONSTITl.IT!O!\
(5) The Judiciary. - Th e Royal Audiencia \>Yhich was established i n
1583 was the Supr eme Court of the Philippines during the Spanish times.
Its decision was final except on certain cases of great i mportance which
could be appealed t o t he King of Spain. It a lso performed. functions of
executive and legislative nature.
Below the Royal Audiencia., were two Territorial Au.diencias estab-
lished in 1893 - one in Cebu and the ot her in Vigan - which exercised
a ppellate jurisdiction over criminal cases coming from the surrounding
territory. In 1886, courts of fin;t instance with both civil and criminal
jurisdiction were es t ablished in the provinces. 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.
In addition, there were special courts, like the miJitary and naval courts
which had j urisdiction over military offenses, and the ecclesiastical courts
which had of canonical matters and ecc] N; iastical offenses. Treas -
ury and commercial courts wer e Rlso created but were later abolished.
(6) Evaluation of the Spanish Government in the Philippines. - The
government which Spain established in the Philippines was defective. I t
was a government for t he Spaniards and not for t he Filipino1:1. The Spanish
official s were often inefficient. and corrupt . The union of church and state
produced serious stri between the ecclesiastical and civil authorities.
Equality before the l aw was denied to the Filipinos.
The demerits, however, of the Spanish administration were more than
offset by its merits .
(a) The rule, when viewed in the broader light. of global
colonization, was generally mi ld and humane. The Filipino people were
not brutalized. Spaniards and Filipinos intermarried and mingled so-
cially. Slavery a nd t ribal wars were suppressed;
(b) It brought about the uni fi eation of t.he Filipino people. The
diver se tribes were molded into one people. under one God , one King,
and one gover nment, and out of t heir common grievances against Spain,
blossomed t.he spirit of nati onalism; and
(c) Spain uplifted the Filipinos from depth of primitive cult ure
and paganism and gave them the blessing!> of a nd Euro-
pean civilizati on.
1
';
Governments during the Revolutionary era.
(1) The Katipunan government. - The Katipunan was the secret soci -
ety t hat preci pitated our glorious revol ut ion on August 26, 1896. It was
organized by Andres Bonifacio, who, together with a group of Fili pino
patriots, signed the covenant of the Katipunan with t heir own blood on
2
;;See G.F. ZaidE' , note 24, op. cit., pp. 34-35.
I:-.<TRO D UCTIO N 13
C. The Guvernment of\.he Phiiippine:; in Transition
July 7.

The government of the Katipunan was vest.ed in a
Supreme Council (Kataastaasang Sanl{guniani. In each province there was
u Provincial Council (Scmggu.niang BalangayJ and in each town, a Popular
Council (Sa.ngguniant? Bayanj. The judicial power was exercised by a Judi -
ci al Coundl (Sangguniang Huhumani.
The Katipunan was the first clear break from Spanish rule with the
ultimate goal to establish a free and sovereign Philippines. It was replaced
by another government whose officials headed by Gen. Emilio Aguinaldo as
President, were elected in the Tejeros Convention held on March 22, 1897.
(2) The Biak-na-Bato Republic. - On November 1, 1897, a republic
was established by Gen. Aguinaldo in Biak-na-Bato (now San Miguel de
Mayumo, Bulacan). It had a constitution which was to take effect for two
years only. It declared t hat the aim of the revolutions was the "separation
of the Philippines from the Spanish monarchy a nd their formation into an
independent state." The Biak-na-Bato Republic lasted up to December 15,
1897, with the conclusion of t he "Pact of Biak-na-Bato."
(3) The Dictatorial Government. -Following the outbreak of the
ish-American war on April 25, 1898, Gen. Agui naldo, in view of the chaotic
conditions in the country, establis hed the Dictatorial Government on May
23, 1898. The most important achievements of the Dictatorial Government
were the Proclamation of Philippine Independence at Kawi t , Cavite on
June 12, 1898 and the reorganization oflocal governments.
<4) The Revolutionary Government.- On ,June 29, 1898, Gen. Aguinaldo
established the Revol utionary Government replacing the Dictatorial Gov-
ernment with himself as President and a Congress whose function was
advisory and ministerial. The decree making such change stated that the
aims of the new government were "to struggle for the independence of the
Philippines, until all nations including Spain will expressly recognize it,"
and "to prepare the country for the establishment of a real Republic."
(5) The First Philippine Republic. --On September 15, 1898, a re\otu-
tionary Congress of Filipino rcpresentat.iYes met in Malo los, Bulacan at the
call of the Revolutionary Government. The Malolos Congress ratified on
Septembt!r 29, 1898 the proclamation of Philippine independence made by
Gen. Emilio Aguinaldo in Kawit , Cavite on ,June 12, 1898 and framed the
so-called Malolos Consti tut.ion. This Constitution was t he first democratic
constitution ever promulgated in the whole of Asia. It established a "free
'
16
The Katartstaa.san, Ka.galanl{galu.ng Katipun.an ng mfla A.nak ng Ba_,u.n or Katipunno
for short was actually the brainch ild of Marcelo H. del Pilar. He tried to establish it in
Manil a in 11:190 but only in 1R92 thr ough the help of his brother -in-law DeQdato
Arellano and other Filipino patriots. Del Pilar envi;;iont>d the Katipunan to be the "weapon of
the weak" against. coloni' l rnle in the country. The f(lunding of the radi<'al Kati punan justi-
fied the Filipino peoph!'S rt>sort to force because the colonial authorities a.horted La Liga
Filipina, the organizati on through which Filipi no demands could be pursued peacefull y. With
the death of Del Pilar, nonifacio was th,u!;t into the mat>lstrom of the Philipp in(! revr>lution.
He became the moving l'<piri t of the Katipunan. The word "Katipunan'' suggests oneness.
l4
TXT fi00K ON THE PHI LIPPI NE CONSTI TUTION
and independent Phil ippine Republic" whi ch was inaugu r at ed on .January
23, 1899 with G(m. Agui naldo as President.
Our First Phili ppi ne Republic was not recognized by t he famil y of
nat ions. It was nevertheless an or ganized government because i t actually
existed and i ts author ity w a ~ > accepted by the people. It exis ted from
January 23, 1899 to March 23, 1901 Y
In February, 1899, the United States annexed the Philippines a s a
r esult of the Spanish-American War and in April, 1901, Gen. Aguina ldo
was captured. Thus, the Republic was s hort-lived, its independence cut
short by the superior might. of a new colonial power. The Malolos Constitu-
tion which provided for the est ablishment of a Philippine Republic had no
opportunit y to operate. However, t his in no way diminis hes t he histor ical
signifi cance of the Philippine Revolution of 1896. It was the first war of
independence fought by Asians against foreign domination and it gave
birth to the first constitutional democracy i n Asi a and the West Pacific.
Governments during the American regime.
(1) The Military Government. - The American military r ule in the
Philippines bega n on August 14, 1H98, the day aft er t he ca pture of Manila.
The exis tence of war gave t he Presi dent of t he Uni ted St ates the power to
establish a Military Government i n the Philippines, a s Commander-in-
Chief of all Armed Forces of the United States. His au thority was delegated
t o t he military governor who exercis ed as long as t he war l asted, all power s
of government - executive, legislative, and judicial.
The fi rst Ameri can Mili t ary Governor was General vVes ley Mer ritt, t he
second was GeMral Elwell E. Ot is, and the t hird and last, was Major
General Arthur J\.b eArt hur. /
(2) The Civil Government.- Pursuant to t he s o-called Spooner Amend-
ment (on the army appropriat ion act passed in the U.S. Congress on March
3, 1901) which ended the military regime in t he Philippines, t he Civi l
Government was inaugurated in Manila on July 4, 1901, headed by a Civil
Governor whose position was created on October 29, 1901. The Civil Gover-
nor (the title was later changed to Governor-General on February 6, 1905)
also exercised legislative powers. He remained as President of the Philip-
pine Commission, the sole lawmaking body of t he government from 1901 to
1907.
From 1907 t o 1916, the Philippine Commission acted as the upper
house of t he l egislative branch with the Philippine Assembly serving a s the
lower house. With the pass age of t he Spooner Law in 1901, these two
bodi es gave way to t he Philippine Legislat ure. The Philippines was repr e-
sented in the United States by t wo Resident Commissioners who were
elected by the Phi lip pine Legis lature. These commissioners had seats in
27
SE!e G.F. 7-!!idc. not e 24, op. d t., pp. 38-45.
INTRODUCTJON 15
C. The Govemm'!llt of t ht! Philippines iu Tr(l nsition
the United House of Representatives, r eeeiving the same emolu-
ments and other privileges a.s the American members of that body, but
without the right to
The Civtl Governor was JudgQ William H. 'I'aft 0901-1903 ). He
was succeeded by Luke F. Wright (1904-1906) who the first American
to enjoy the title of Governor-General of the Philippines. The last Gover-
nor-General was Frank Murphy who was also the first High
Commissioner of the United States to the Philippines upon the
tion of the Commonwealth Government of the Philippines.
( 3) The Commonwealth Government of' the Philippines. - The next
stage in the political development of the Filipinos was the establishment of
the Commonwealth Government of the Philippines pursuant to an act. of
the United States Congress on March 24, 1934, commonly known as the
Tydings-McDuffi.e Law. Among other things, the Jaw provided for a transi-
tion period often years during which the Philippine Commonweal th would
operate and at the expiration of ::.-aid period on July 4, 1946, the independ-
ence of the Philippines would be proclaimed <'!nd established.
The new government of t.he Commonwealth of t he Philippines, deemed
successor to the Government of the Philippine Islands, was inaugurated on
November 15, 1935, following the first national election under the 1935
Constitution held on September 12, 1935, with Manuel L. Quezon and
Sergio Osmefia, as President and Vice-President, respectively.
The Commonwealth Government of the Philippines was republican in
form under the presidential type. The legislative was first. vested in
a unicameral Nat ional Assembly and later in a bicameral Congress com-
posed of the Senate and the House of Representatives. The judicial power
was vested in the Supreme Court and inferior (i.e., lower) courts provided
by law. The Government of the Commonwealth ofthe Philippines was very
autonomous. The had almost complete control over the domestic
affairs, the United States retaining control only over matters involving
foreign
During World War II , the Commomvcalth Government fum;tioned in
oxile in Washington from May 13, 1942 to October 3, 1944. It was
reestablished in Manila on February 27, 1945 when Gen. Douglas
MacArthur, in a ceremony held at Malacafiang Palace on hehalf of the
United States Government, over to Pref:'ident Osmena the full
powers and responsibilities of t he Commonwcall.h Government under the
( 1935) Constitution.
Governments during the Japanese occupation.
(1) The Japanese Military Administration. - It was established in
Manila on January 3, 1942, one day after its occupation. Under a proclama-
2
"See Ibid., pp. 5455.
:"<.
16 TEXTBOOK ON THE PHfl.IPl'INE CONSTITUTION
tion iss uNl by the .Japanese High Command, the sovereignty of the United
States over t he Ph1li ppines was declared terminated.
(2) The Phihppine Executive Comrnission. - A civil government known
as the Philippi ne Executi ve Commission composed of Filipinos with J orge
B. Vargas as chairman, was organized by t he military forceg of occupation.
The commission exercised bot h the executive and legislative powers. The
laws enacted were. however, subject to the approval of the Commander-in-
Chief of the Japanese For ces. The judiciary continued in the same form as
it under the Commonwealth. Howevt>r, it funct ioned without the inde-
pendence which it had tradi tionally enj oyed.
2
!l
(3) The of the Philippines. -On October
14, 1943, the so-called Japanese-sponsored Republic of the Philippines was
inaugurated wi th .Jose P. Laurel as President. It was ofihe same character
as the Philippine Executive Commission. Like the latter, the ultimate
source of its authori ty was the Japanese military authority an d govern-
ment.:JU On August 17, 1945. Pr esident Laurel proclaimed dissoluti on of
i.he Republic.
The previous Philippine Republics.
( 1) Under .Joint Hesolution No. 9:3, approved by the United States
Congresg on .June 29, HJ44, the Pr esident of t he United States was aut hor-
ized to proclaim the independence of the Phili ppines prior to July 4, 1946,
a fter t he .Japanese had been vanquished and constitutiona l processes in
t hfl country restored. The Republic of the Phili ppines was formally inaugu-
r<lted on July 4, 1946 with Manuel A. Roxas as the first President and
Elpidio Quirino ag th e first Vice-President. Roxas and Quirino also served
fr om May 28, 1946 to .J uly 4, 1946 as the last Commonwealth President and
Vice-Presidcn t, re.s peai vely.
The 1935 Constitution served as the fundamentall"\,w not only for t he
Commonwealth Government which was inter;upted by th'e .. Sg_cgpd World
War but also for the Republic of the Philippines until the "ratifi cation" of
the 1973 Phili ppine Constitution establishing a parliamentary form of
government, effected by virtue of Procl amation No. 1102 of President
Ferdinand E. Marcos <Jn ,January 17, 1973, a fter the decl aration of martial
law on September 21, 1972.
<2) The First Republic was established on January 23, 1899 under the
Malolos Const itution; the Second, on October 14, 1943 under the Japanese-
sponsored Constitution, and t he Third, on ,July 4 . . 1946 under the 1935
Constitution. President Ferdinand E. Marcos, in his inaugural add1ess on
.June :30, 1981, proclaimed the birth of the Fourth Republic under t he 197:3
Constitution which, as amended in a plebi scite on April 7, 1981, installed a
""See ibid .. pp. 100-1 01.
'''Co Kim Chan vs. Valdez Tan Kch. 75 Phil. 113.
1NTHODUCTIO:-.; 17
C. The Gover-nment of Philippines in Transition
modified parliamentary system of government,:H thus making him its first
Pre::1ident. All in all , t here were nine Presidcnts
32
in the previous t hree
r epublics, including President Marcos in his two (2) terms in the Third
Republic. J:J
The present Republic came into being upon the ratification of the 1987
Constitution (,n February 2, 1987.
31
The Provisional Government of 1986.
Before Corazon C. Aquino took her oath of office on the morning of
February 25, 1986 at Club !filipino, San ,Juan, Metro Manila, the last day
of a four-day "people pc>wer" revolt <Feb. 22-25) t hat culminated in the
ouster of President Ferdinand E. Marcos, she read Proclamation No. 1
wherein she declared that she and her Vice-President were "taking power
in the name and by the will of the Filipino people" on the banis of the clear
sovereign will of the people expressed in the election of February 7. 1986.
In her oath, she swore to preserve and defend the "fundamental law" (not
the "Constitution") and "just laws" <i nl:ltead of "its laws").
(l:t Reuolutionary. -- The government was revolutionary because it
was instituted not in accordance with t he procedun? provided in an existi ng
Constitution. There is a definite acknowledgment in Procl amation No. 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,'' deriving its existence and author-
ity directly from the people themselves and not from the then operati ng
1973 Constitution.
(2) De jure I de facto. - The first is one constitut ed or founded in
accordance with. the existing constitution of the state (according to law),
while the other is not so constituted or founded but has the general support
of the people and effective control ofthe territory over which i t exercises its
powers. A de facto go\'ernmcnt acquires a de jure status when it gains wide
acceptance from the people and recognition from the communit y of nati ons.

"Pri nciplf, (If separnt.ion (If powers" under Atticln VI, Section 1.
Emilio 0898-1901J, Jose P. Laurel ( 1943- 1945j, :\. }{oxas (1946-
1948), El pidio Quiriuo 11948195:31, l:{amon Mngs<ty;; ay !l9fi:l - l957i, C'arl ol5 P. Garci<1 (March
l957- 1961J, Dio.c;darlo P. Macapagal Cl961-196Gl, and Ferdinand E. Marl'os I9tif>-l 986.J.
3
"The last.

rule of President Marcos from t he of mart.i<1l law on


Sept.embcr 21. 1972 until hi;. ovP.rthrow on Fchruary 25, J9HG by the socallcd "people power
n!volution, " waF: generally as dictatorial or authoritarian.
'"With the ouster of President Marcos, Corazon C. ,\quino o HJ86-1992), became- the
President, follownd by Fidel V. (1992- 1998). ,Josfph r:. Estrada (!998-200li, and
Gloria Macapagai-Arroyo <2001-present J. note 2 to Art. \'1. Sec. :12. l F'rom 1898 to
pre;;ent . we have 14 Presidentr;, including Manuel 1\935-1944! and Sergio Osmei'ln
: Hl-14-19461 who both served as Commonwealth PrP.sidcnt.q. Macapagal-Arroyo WH"- elected
\"ice-President in 1998. She b:.">trada Presidant. in 2001 whe n the l11tter
fcm.:ed to give up the !see not.e 2, to Sc(:. 32 of Art. VI. l Prcsidt\ nt. Arroyo
elt>eted (not rn-clecbH]) for a six-year term in the May 10. 2004 elflct.ions after serving the Last
three! 31 year!': of the term of Presi den t F.l!trada. (see Art. VII. 4, par. 1.)
If!
TEXTBOOK OK THE PHII.ll'PlNE CONSTITUTION
At its incepti on, the r evolutionary government was ill egal for lack of
constitutional basis not having been sanctioned by either the 1935 or the
1973 Constitution. It was a de facto government but acquired a de jure
status. 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.
(3) Constitutional and transitory. -The provisional government was not.
a purely revolutionary rme but a hybrid constitutional revolutionary govern-
ment, i.e. , a revolutionary government. governing under a provisional or in-
terim constitution the people could invoke to protect their rights and to pro-
mote their welfare, to exist for a limited period until the ratification and
effectivity of a permanent constitution. There was nothing, however, to pre-
vent the government from amending, suspending or abrogating the Provisional
Constitution and adopting a new one or operating without. any constitution.
Jn other words, the Provisional Constitution did not have t.he status of
a supreme or fundamental law because the government was not created by
it and was not bound to obey it.
(4'> Democratic. -The provisional government was claimed to be demo-
cratic because it install ed by direct action of the pMple as a direct
expression or manifestation of their sovereign will, and. therefore, it was
based on the consent of the governed or the approval of the people.
(5) Power/:i. -A revolutionary government heing a direct ct'eation of
the people, derives its from the people to whom alone it is account-
able. It is said that a revolutionary government i s clothed with unlimited
powers because it makes its own laws; it is "a law unto itself." However,
with the adoption of the Provisional Constitution, the revolutionary gov-
ernment opted to abide with and to subject itself to the provisions thereof,
pending approval of a new charteL
(6J The ProvisionaL Constitution. - Instead of declaring the Con--
s titution with certain amendments and minus certain provi-
sions, as the interim Constitution, Proclamation No. 3 promulgated a
Provisional Constitution to repln.cP the former , adopting in toto insnfar as
they are not inconsistent with the provisions of the Proclamation, certajn
provisions of the 1973 Constitution.
By its very nature, the Provisional Constitution 1 as wt:ll as the revolu-
tionary government which operated under it l self-dest1uc:t upon the ratifi -
cation and effectivity of tht> new Constitution on February 2, 1987. (Art.
XVIII , Sec. 27.)
D. CONCEPT OF CONSTITUTION
Meaning of constitution.
In its broad sense, the term constitution refers to "that body of rules
and princj_p].e.s ia . or _sove-reignty
INTRODUCTION 19
D. Concept of Coniltitution
As t hus defined, it cover s both..$..i=!:ttelj and.tinwritten

With parti<:u 1 ar reference to the Can stitution of the . .EhJli.pvines, it may
be defined as that wdtt@,instrJ.Lm.ent.by which the fl.:l.PdamentalPa.wers_of
the government are established, limited, and defined and by which these
.Qhtributed among .the several department::; or for
and \;sef\.iTex.ercise for the benefit of the

\'"-.<..
\A\"' .. '1\11.'\ ,, \'"
Nature and purpose or function of constitution.
(1) Serves as the supreme or fitndamentallaw. - A constitution is the
ylfartf;\!:_ creating the It has the status of a gr .(unda-
iiiimtal fii\v for t.J:'Ie people from \\fhomit derives its claim
to obedience. It i s binding nn all individual citizens and all organs .of the
government. lt is the law to which all other laws must conform and 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, whether proceeding from the highest official or lowest function-

(2) Establisht!.<; basic framework and underlying principles of govern-
ment. -The purpose of a cons titution is to prescribe lhe permanent frame-
work of the system of government and to assign to the different depart-
ments or branche1:1, their respective powers and duties, and to establish
certain basic principles on which the government is

lt is prima-
ril y designed to preserve and protect the rights of individuals against the
arbitrary actions of those in authority.
10
Its function is not to in
detail hut to set limits on the otherwise unlimited power of the legislature.
Meaning of constitutional law.
may be defined as that branch of puhJic law (see A,
supra.) which treats of c.onstitutions, their nature, formation, amendment,
and interpretation.
It refers to lhe law embodied in the Constitution as well as the
pies growing out of the interpretation and application made by the courts
(particularly the Supreme Court, being the court of last resort) of the

Cooley, Constit.utionnl limitations. p. 4.


36
See Malcolm and Laurel. Phil. (;onstitutional Law, p. 6 (J936l.

. .\1ain, ;n AtL HO.


it; not so under the Rritish Constitution in view of the supremacy of P11rliament
which det-ermines what is con11litutional, and lc!Sislatcs accordingly.

and Laurel. n<)te 32, op. cit., p. 2. [t actually serves as the framework of the
soci;l l. economi c and political life nation because i t. governs , a lthough in a general way.
practically all areas of human t>ndeavor.
"Its as tile supremn Jaw dopends to a great dP.gree upon thl:! people
the mselves. Tt becomn,:; a "mMe sc1ap of paper" i f they a llow those in authori ty to violate it
with impunity. The root:> ofcOil;;titutionalism, it has been lie in the hearts of the peopl e.
20 TEXTBOOK ON THE PHlLIPPlf\i .b: CONSTlTUTION
provisions of the Constitution in specific caf.les. Thus , the Philippine Con
stitution itself is bnef hut the Jaw of the Constitution lies scattered in
thousands of Supreme Court decisionsY
Kinds of constitution.
Constitutions may be das1>ified as foll ows:
( U A<; to their origi n and history:
(a ) Conventional or enacted. - One which is enactNl by a
cnt assembly or granted by a monarch to his subjects like the Constitu-
tion of J apan in 1889; and
(bJ Cumulative or evolved . -- LikH the Engli!:' h Consli.t ution, one
which is a product of growth or a long period of development originat
ing in cus toms, traditions, judicial decisions, etc .. rather than from a
deliberate and for mal enactment.
ThE! above classification substantially coincides with that of written
and unwritten constitutions.
(2) As to their form:
(a) Wri tten. - One which has been given definite wri tten form at a
particular time, usually by a specially constitut ed authority called a
"constitutional convention"; and
(b) Unwri tten. -- One which is entirely the product of political
evolution, consisting targely of a mass of customs, usages and judicial
decisions togethP.r with a smaller body of statutory enactments of a
fundamental character, usually bearing diffenmt dates.
42
The English
Constitution is unwritten only in the sense that it js not codified in a
single document. Part of it is written - the Acts of Parl iament and
judicial decisions. Indeed, there is no ConRlitution that is entirely
written or unwritten.
(3) As to manner of am.1mding them:
\ a ) Rigid or inelastic. - 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 procl:!ss;n and
ib ) Flexible or ela.stic. - One which possesses no h igher legal au-
thority than ordinary laws and which may be altered in the same way
as oth(!r laws.
44
The Phi lippi ne Co tution a!'i conventional or en
a(;ted. written, and r igid or inelastic. It was draft ed by an appointive body
called "Constitutional Commission." (see E, infra.}
'V.G. Since . Phil. Pol i t i:a l Law. I! Lh ed., p. 67 11962i.
'
1
See Garner. Poiitical Scien ce and C'.r<>vernmcnt, p. 508.
'"Strong. l'ol iti<-n l Cttn.;<tit\lt.i ons. p. 6 .
Garner. Pnlit i<:al Sct c: ntt! and p. nOB.
JNTRODUCTTON
D. Concept of Constiiut ion
Advantages and disadvantages of a written
constitution.
21
(1) It has the advantage of clearness nnd definiteness over an unwrit-
t en one. This is because it is prepared with great care and deliberation.
Such a conRtitution cannot be easily bent or twisted by the legislature or by
the courts, to meet the temporary fancies of the moment. Hence, the
protection it affords and the rights it guarantees are apt to be more secure/
Moreover, it is more st abl e and free from all dangers pop.ulat


(2) Its disadvantage lies in the difficulty of its amendment. (see Art.
XVII.) This prevents the immediate introduction of needed changes and
may thereby retard the healthy growth and progress of the state.
46
Requisites of a good written constitution.
(1) A.c: to form, a good written constitution should be:
(a) Brief. - because if a constitution is too detailed, it would lose
the advantage of a fundament al law which in a few proviHions outlines
the structure of the government of the whole state and t he rights of the
citi1.ens. Jt would probably never be understood hy public. Further-
more, it would then be nec;ssary to amend it every once in a while to
cover m<my future contingencies; .-...
(b) Broad. - because a statement <.1f the powers and functions of
government, and of the relations between the governing body and the
governed, requires that it be as comprehensive as possible;
47
and
(c) Definite. -because otherwise the application of its provisions
to concrete situations may prove unduly difficult if not impossible. Any
vagueness which may lead to opposing interpretations of essential
features may cause incalculable har m. Civil war and the di srupt i on of
the !:'tate may conceivably follow from ambiguous expressions in a
constitution.
18
(2) As to contents, it should contain at least three sets of provisions:
(a) That dealing wi th t he framework of government a nd its powers,.
and defining the electorate. This group of provisions has been called
the constitution of government;
(b) That setting for th the fundamental rights of the people and
imposing certain limitations on the powers of the government as a
"'Ibid., p. 524.
' Hf bid.
'The scope must be wide enough to make the Constitution n t<xible and easily adaptable
to (:hanging social. economic. and political conditions, and thus .,nable i t, without amend
numt, to meet every exigtmcy, tor a Const itution is designed l.o b(:l document to
serve a country for mnny generations .... indeed, if possible ''to nndurf:' liJr ages to come."
Malcol m and Luurel, note 32, 1lp. <:it., pp. 15- 16.
TEXTI300K ON THE PHILIPPINB CONSTf1'UTlON
means of securing the of these rights. This group has been
referred to as the constitution of liberty; and
(c) That pointing out the mode or procedure for amending or revis-
ing the constitution. This group has been called the constitution of
souereignty.
49
Constitution distinguished from statute.
( l) A ccnstitution is a legislation direct from the people, while a statute
(see Art. VI, Sec. 1.) is a legislation from the people's representatives;
(2) A constit.ution merely states the general framework of the law and
the government, while a statute provides the details of the subject of which
it treats;
(:1) A constitution is intended not merely to meet existing conditions
but to govern. the future, while a statute is intended primarily to meet
existing conditions only; and
(4) A constit ution is the supreme or fundamental law of the State to
which statutes and all other laws conform.
Authority to interpret the Constitution.
( 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 'Vit h other pen:ons.MI
(2) It is evident, however, that only those charged with official duties,
whether executive, legislative, or judicial, can give authoritative interpre
tation of the Constitution.
(a) This function primarily belongs to the courts whose final deci-
sions are binding vn all departments or organs of the government,
including the legislature.;, They will thus construe the applicable con-
stitut i onal provisions not in acwrdance with how the executive or
legislative department may want them construed, but in accordance
with what said provision$ say and provideY
(b) There are, however, constitutional questions !i.e .. political ques-
tions) which under the Constitution are addressed to the discretion of
the_ other departments and, therefore, beyond the power of the judiciary
to decide. (see Art. VIII , Sec. 4.) Thus, t he determination of the Presi-
dent as to which foreign gcvernment "is to be by the Philip-
pines cannot be passed upon by the courts.
Garner. Introduction to Political Science, pp. 390-:!98.
"'Bl ack, Constit utional Law, <!d . p. 55.
" 16 C.J.S., pp. 49-50.
5
"Sarmitmto Ill v;:;. Mi,;_on. L-79974, Dec. 17,1987.
INTRODUCTION 23
E. Constit ution of thn Republic of the Phi lippines
Purpose in interpreting the Constitution.
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.
It is, therefore, the duty of the courts to constantly keep in mind the
objectives sought to be accomplished by its adoption and the evils, if any,
sought to be prevented or remedied.
53
It may be assumed that the people, in
ratifying the Constitution, were guided mainly by the explanati ons given
by the framers on the meaning of its provisions.""
E. CONSTITUTION OF THE REPUBLIC
OF THE PHILIPPINES
The 1935 Constitution.
(1) Framing and ratification. - Briefly stated, 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, 1934 by President Franklin D. Roosevelt
of the Tydings-McDuffie Law, otherwise known as t he Philippine Inde-
pendence Act, enacted by the United States Congress, authorizing the
Philippine Legislature to call a constitutional convention to draft a
constitution for the Philippines;
(b) Approval on May 5, 1934 by the Philippine Legislature of a bill
calling a constitutional convention as provided for in the Independence
Law;
(c) Approval on February 8, 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, 1935);
{d) Approval on March 23, 1935 by Pres. Roosevelt of the Constitu-
tion as submitted to him, together with a certification that the said
Constitution conformed with the provisions of t he Independence Law;
and
(e) Ratification on May 14, 1935 of the Constitution by the Filipino
electorate by a vote of 1,213,046, with 44,963 against.
(2) Limitations and .conditions. - While the Tydings-McDuffie Law
empowered the Filipinos to frame their own constitution, it contained,
however , provisions limit ing such authority. Aside from other specific limi-
tations and conditions laid down therein, it enjoined that the constitution
to be dtafted should be republican in form, should include a bill of rights,
ssee 76 C.J.S., pp. 49-50.
GNitatan vs. Commissioner of Internal Revenue, 152 SCRA 284, July 23, 1987.
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.
The 1935 Constitution ceased to operate during the Japanese occupa-
tion from 1942 to 1944. It automatically became effective upon the re-
establishment of the Commonwealth Government on February 27, 1945
(supra.) and the inauguration of the Republic of the Phili ppines on July 4,
1946.
(3) Sources.- The 1985 Constitution of the Philippines did not contain
original ideas of government. While the dominating influence was the
Constitution of the United States, other sources were al so consulted by the
framers, particularly the Malolos Co.1stitution and the three organic laws
that were enforced in the Phi lippines before the passage of the Tydings-
McDuffie Law, namely: the Instruction of Pres. Wilham McKinley to the
Second Philippine Commission on April 7, 1900; the Philippine Bill of July
1, 1902; and the Jones Law of August 26, 1916 which, of the three men-
tioned, was the nearest approach to a written constitution.
(4) Scope. -The Constitution as approved by t he 1935 Constitutional
Convention was intended both for the Commonwealth and the Republic.
Thus, 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. Upon the final
and complete withdrawal of the sovereignty of the United States a1:d the
proclamation of Philippine Independence, the Commonwealth of the Phil-
ippines shall henceforth be known as the Republic of the Philippines."
(5) Amendments. - The 1935 Constitution had been amended three
times. Among the amendments are:
(a ) that establishing a bicameral legislature;
(b) that allowing the reeligibility of the President and the Vice
President for a second four-year t erm of office;
(c) that creating a sepa rate Commi ssion on Elections; and
(d) the so-called Parity Amendment which gave to American citi-
zens equal right with the Filipinos in the exploitation of our natural
resource s and the operation of public util ities.
Concerning women suffrage, this issue was settled in a plebiscite held
on April 30, 1937, when 447,725 women reportedly voted yes and 44,307
women voted no. In compliaMe with t h . ~ 1935 Constitution (Art. V, Sec. 1
thereof.), the National Assembly passed ... a la\v which extended right of
suffrage to women.
The 1973 Constitution.
( 1) Framing. - The experience of more than three decades as a sover-
eign nation had revealed flaws and inadequacies in the 1935 Constitution.
INTRODUCTION 25
E. Const itution of the Republic of t ho Phili ppines
(a) Taking into account the "felt necessities of the times," particu-
larly the new and grave problems arising from an ever increasing
population, urgently pressing for solution, Congress in joint session on
March 16, 1967, passed Resol ution of Both Houses No. 2 (as amended
by Resolution No. 4, passec on June 17, 1969), authorizing the holding
of a constitutional convention in 1971.
(b) On August 24, 1970, Republic Act No. 6132 was approved set-
ting November 10, 1970, as election day for 320 delegates to the Consti-
tutional Convention. The convention started its work of rewriting the
Constitution on June 1, 1971. The 1935 Constitution, with reference to
the Malolos Constitution, was made the basis for the drafting of amend-
ments to the new Constitution. The proposed Constitution was signed
on November 30, 1972.
(2) Approval by Citizens Assemblies. - Earlier on September 21,.1972,
the President of the Philippines issued Proclamation No. 1081 placing the
entire country under martial law.
(a) "To broaden the base of citizens' participation in the democratic
process, and to afford ample opportunities for the citizenry to express
their views on important matters of local or national concern," Presi-
dential Decree No. 86 was issued on December 31, 1972 creating a
Citizens Assembly in each barrio in municipalities and in each district
in chartered cities throughout the Subsequently, Presidential
Decree No. 86-A was issued on January 5, 1973 defining the role of
barangays (formerl y Citizens' Assemblies).
(b) Under the same decree. the barangays were to conduct a refer-
endum on national issues between January 10 and 15, 1973. Purs uant
to Presidental Decree No. 86-A, the following were submitted
before the Citizens' Assemblies or Barangays:
1) "Do you approve of the New Constitution'?"; and
2) "Do you still" want a plebiscite to be called to ratify the new
Constitution?"
(3) Ratification by Presidential proclamation. - According to Procla-
mation No. 1102 issued on January 17, 1973, 14,976,561 members of all the
Barangays (Citizens' Assemblies) voted for the adoption of the proposed
Constitution, as against 743,869 who voted for i ts r ejection. On the ques-
tion a s to whether or not the people would still like a plebiscite to be called
to ratify the new Constitution, 14,298,814 answered that there was no need
for a plebiscite.
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, the President of t he Philippines, through
Proclamation No. 1102 on January 17, 1973, certified and proclaimed that
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.
55
(3) Amendments. -The 1973 Constitution had been amended on four
occasions. Among the important amendments are:
(a) that making the then incumbent President, the regular Presi
dent and regular Prime Minister;
(b) that granting concurrent law-making powers to the President
which the latter exercised even after the lifting of martial law in 1981;
(c) that establishing a modified parliamentary form of government;
(d) that permitting natural-horn citizens who have lost their citi-
zenship to be transferees of private land, for use by them as residence;
(e) that allowing the '"'grant" of lands of the public domain to quali-
fied citizens; and
(f) that providing for urban land reform and social housing pro
gram.
The 1987 Constitution.
(1) Framing and ratification. - The 1987 Constitution was drafted by
a Constitutional Commission created under Article V of Proclamation No.3
issued on March 25, 1986 which promulgated the Provisional Constitution
or "Freedom Constitution" following the of a revolutionary
government "through a direct exercise of the power of the Filipino people."
(a) Pursuant to Proclamation No. 3, the President promulgated on
April 23, 1986 Proclamation No. 9, the "Law Governing the Constitu-
tional Commission of 1986," "to organize the Constitutional Commis-
sion, to provide for the details of its operation and establish the proce-
dure for the ratification or rejection of the proposed new Constitution."
Under the Proclamation, the Constitutional Commission "shall be
composed of not more than fifty (50} national, regional, and sectoral rep-
resentatives who shall be appointed by the President." As constituted,
the Commission was composed only of forty-eight (48'! members- forty-
two (42) men and six (6) women, with a preponderance of lawyers-
because of the withdrawal of an opposition appointee and non-accept-
cases involving the above proclamation, the Supreme Court on March 31, 1973, by a
\ote of six (6) to four ( 4), dismi;;sed all the petitions filed. It said that "this being the vote of
the majority there is no further obstacle t-o the new Constitution considered in force
and effect.'' There was, however, no rulint(that.the 1973 Constitution has been validly
.tatified, because six (6) out often (10) justices held that there was no valid ratification, but
the votes were not enough to declare that the Constitution was not in force.
In cases, the Court recognized the validity of the 1973 Constitution.
Javellana vs. Executi\e Secretary, 1!1 al.; Tan vs. Executive Secretary; Roxas Melchor;
Monteclaro vs. Executive Secrct.ary; Dilag vs. Executive Secretary, 6 SCRA 1048, March 31,
1973. See also Aquino vs. COME!. .. EC and National Treasurer, 62 SCRA 270, Jan. 31, 1975.
rl\monucJ'lON 27
E. Constitution of the RApublic of t he Phi li ppine;;
a nee by the Iglesia ni Krista of the President's offer to submit a nomi-
nee.
(b) The Constitutional Commission, which marked t he fourth exer-
cise in the writing of a basic chartet in Philippine history since the
Malolos Constitution at the turn of the century,
11
G convened on June 2,
1986 at the Batasang Pambansa Building in Diliman, Quezon City.
With the Malolos Constitution of 1898, the 1935 Constitution, and the
1973 Constitution as "working drafts," the Commission in addition to
committee discussions, public hearings, and plenary sessions, conducted
public consultations in different parts of the country.
(c) The proposed new Constitution was approved by the Constitu-
tional Commission on the night of Sunday, October 12, 1986, culminat-
ing 133 days of work, by a vote of 44-2. A Commissioner
57
signed
subsequently by affixing his thumbmark at his sickbed on Octooer 14,
1986 so that he actually voted in favor of the draft. Another Commis-
sioner5' had resigned earlier. The two

who dissented
also signed "to express their dissent and to symbolize their four (4)
months of participation i n drawing up the new
(d) The Constitutional Commission held its final session in the
morning of October 15, 1986 to sign the 109-page draft consisting of a
preamble, 18 Articles, 321 Sections and about 2,000 words - after
which, on the same day, it presented to the President the original
copies in English and Filipino. It was ratified by the people in the
plebiscite held on February 2, 1987.
1
'
0
It superseded the Provisional
Const itution which had abrogated the 1973 Charter.
(2) Merits and demerits o/' an appointive framing body. -- Admittedly,
t here were some merits or advantages in delegating thfl drawing up of the
new charter to an appoi:1ted Constitutional Commission r ather than to an
elected Constitut1onal Convention.
(a) For one, the Constitutional Commission was r:ut expensive and
time-consuming, 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, and time was
of the essence in view of the instability inherent in a revolutionary govern-
ment and the need to accelerate the restoration to full constitutional
democracy.
5
'This does not include the 1943 Constitution which wHs drafted and ratified hy a special
National Convention of the Kapisanan sa Paglilingkod .sa Bagong Pilipinaf> (KALIRAPI>
when the Philippines was under Japanese occupation from 1942-1944 during Wnrld War II.

R. Rosales, St. . Luke's HospitaL Quezon City.


0. Brocka.
E. Suarez and Jaime S.L. Tadeo.
A'
1
17,059,495 voted "yes" 176.37?C of the t otal votes cusl) agains t 5,058, 714 rcpreF<ent -
ing "no" votes (22.615%i with 207,730 llbstentions.
28 n;XTBOOK ON THE PHILIPPINE COt\STlTUTION
(b) However, the strongest a nd most fundamental a rgument pro-
pounded against this rnGthod is that an appointive body is sus ceptible
to the charge of lack of independence the suspicion ofprcssure and
even manipula tion by appointing power. The writing of a Constitu-
tion as the highest expreHsion of t he peoplc'!ol "ideals and aspirations" to
serve the country for generations to come i s a political exercise of
transcendental importance in a republican democracy and, therefore,
only those directly elected and empowered by the people must be
entr us ted with the task to discharge this grave and solemn responsibil-
ity.Gt
(3) Need to cure defect i.n the Constitution. - To havo a truly demo-
cratic and constitutional government, it is absoh.ttely necessary that the
Constitution be initially drafted by duly elected members of a representa-
tive constituent assembly or convention and later on approved by the
people in a plebiscite. Some see the need to Rtraighten out the present
Constitution which was drafted by non-elective commissioners and ratified
under the authority of a revolutionary government. The theory is posited
that having it amended by elected delegates and having constitutional
amendments ratified under the democratic government, we will have now
cured any defect in its formul ation and


Basic principles underlying the new Constitution.
The 1987 Constitution is founded upon certain fundamental princi ples
of government which have become part and parcel of our cherished demo-
cratic heritage as a people. A knowledge of t hese principl es is, therefore,
essential to a proper understanding of our organic law.
Among these principles as contained in the new Constitution nre the
following:
(1) Recognition of the aid of Almighty God (see Preamble. l;
(2) Sovereignty of the people Csee Art. II, Sec. 1. );
(3) Renunciation of war as an i nstrument of national policy see Ibid.,
Sec. 2.);
( 4) Supremacy of civilian authority over the military
1
see Ibi d., Sec.
3.);
(5) Separation of church and State <see Ibid .. Sec. 6.1;
fact, howcver;-that thtl memhort; of the Constitutiona l Commis:oion were s elected
and appointed by the.: Presliten.t..[!:Q!ll..a-lis t. of nomi netls does n(t nece,saarily establish that it.
was not representati ve of the sover eign will of t.he Fi lipino or that the new Const.itu-
tion fails to ex:press their will as to what the supreme law ought t o be. Conversely, a
constitutional convention. like the ones Wtl have hnd in 1935 and 1971 , may not be
reflecti ve of the senti ments or dAsires of the majori ty of the people who elected it:; delegates.
62
See "Thoughts: RP Cons ti tution," hy former President Diosdado Macapagal , Manila
Bulletin , p. 7, Feb. 5, 1989.
INTRODUCTJO;-..' 29
K Const itution of the: Republic of thE' Ph ilippinl's
(6) Recognition of the importance ofthc family al:l R basic social institu-
tion and of the vital role of the youth in nation-building (see Ibid., Sees . 12,
13; Art. XV. );
(7) Guarantee of human rights (l'; ee Art. III, Sees. 1-22.);
(8j Government through s uffrage (see Art. V, Sec. 1.);
(9) Separation of powers (see Art. VI, Sec. L );
(10) Independence of the judiciary (see Art. VIII, Sec. 1.);
( 11) Guarantee oflocal autonomy (see Art. X , Sec. 2.);
(12) High seosP. of public service morality and accountability of public
officers (see Art XI , Sec. 1.);
( 13) Nationalization of natural resources and certain private enter-
prises affected with public intere1;t (see Art. Xll , Sees. 2, 3, 17, 18.);
(14) Non-suability of the State (see Art. XVI, Sec. 3.);
(15) Rule of the majority; and
(1 6} Government of laws and not of men.
The above principles (except Nos. 15 and 16) a re discussed under t he
corresponding provisions indicated.
Rule of the majority.
( 1) Concept. - The observance of the rule of t he majoritys.
1
i s an
unwritten law of popular (i.e., d emocratic) government. The wishes of t he
majority prevail over those of the minority. It does not mean that the
mi nority is left without rights. It is given certain fuhdamental rights, like
the right to express t heir opinions, or to protest the actH of the majority
although it is bound to abide by the decision of the latter.
(2) Instances.- In many inHtances, the rul e of the majority is observed
in our government. Thus, under the new Constitution:
(a ) A majority vote of a ll the respective members of the Congress is
necessary t o el ect the Senate President and the Speaker of the House of
Representatives (Art. VI, Sec. 16l l ].), and a majority of all the members
of Congress to concur t o a grant of amnesty (Art. VII, Sec. 19.) and t o
pass a l aw g-ranting tax exemptions. (Art. VI , Sec. 28( 41.) In case of a tie
in the election for Pres_ident (or Vice-Presi dent), the President shall be
chosen by the majori t y vote of all the members of both Houses of
Congress. (Art. VII, Sec. 4.)
(b) A two-thirds majority of all its respective members i s required
to suspend or expel a member of either House (Art. VI, Sec. 16[31.); of
all the members of Congress to declare the existence of a state of war
6
"'';\1aj ority" me<tns at lem;t one--hal f pluA one of a gi ven number.
30 Ti':XTBOOK ON THE PHILIPPINE CONSTITUTI ON
(Ibid., Sec. 23L2.1. l, to reconsider a bill vetO(! d by the President (Ibid.,
Sec. 27[2j. ). and to call a constitutional convention (Art. XVII, Sec. 3.);
n.nd of all t he members of t he Senate t o concur t o a treaty or interna-
tional agreement (Art. VII , Sec. 21.) and to r ender a judgment of
conviction in impeachment cases. (Art. XI, Sec. 3l6J.)
(c) Any amendment to, or revision of, t he Constitut ion may be
proposed by Congress upon a vote of t hree-/ilurths of all its members
(Art. XVII , Sec. ll.lJ. ), and it shall be valid when ratified by a majority
of the votes cast in a plebi scite. (!bid. , Sec. 4.)
(d) Decisions of the Supreme Court en bane have to be concurr ed in
by a majority of the mentbers who actually took part in the delibera-
tions on the issues in t he and voted thereon, to pronounce a treaty,
international or executive agreement, or law unconstitutional x x x.
(Art . VII1, Sec. 4. )
In the Court of Appeals, the vote of at least t he majority is necessary in
ma ny cases. Even in the passage of local ordinances, t he rule of the
majority is observed.
(3) A practicable rule of law. - The device of the majority is a practica-
ble rule of law based on reasun and experience. Democracy assumes that in
a society uf r a tional beings, the judgment and experience of the many will,
in most instances, be superior to t he judgment and experience of the few;
and hence, t htit the verdict of the majority will more likely be correct than
that of the minori ty. li is, of course, to be understood t hat the majority acts
within t lw pale of the l aw.
64
Government of law and not of men.
( 1) -By t his principle, which is also known and has the same
import as thH rule of !au, is meant that no man in this country is above or
beyond t he law. Every man, however high and mighty his station may be,
possesses no greater rightsl;.; than every other man in the eyes of the law.
( 2 ) Exercise of government powers. - A government of laws, as con
trasted with a govemmen t of men, is a limited government. It has only the
powers given it by t he Constitution and l aws, and i t may not go beyond the
gr ants and limitations set for th therein. ojfj Its authority continues only with
the con::;ent of the people in whom sovereignty resides. 1 Art. II , Sec. l. )
Where personal whims and uncontrolled discretion guide the conduct of
govornmental action, what exists i s not a rule of l aw but a r eign of men
'
.\
;Sec Sclum1ndt & Steinbicker, note 2, op. cit., p. 265.
";Rut where there n re rational grounds for so doing. the law may constitut ionall y grant
special r ights or pri\ilcges t o IJCrsons belonging to n clas;; (o?.g., to the Pres ident ) which are
denied t.o persons who a re not s imilarly situoted. (see Art. III. Sec. 1.)
''''Sec V.G. Sirwo, note 37, op. cit .. p. 126.
INTRODUCTION
31
E. Constitution of the Republic of the Philippines
without law. All officers of the government, from the highest to the lowest,
are creatures of the law and are, therefore, bound to obey it. A government
that fails to enforce the law, in effect, fails to govern.
(3) Observance of the law. -- The same is true of private individuals in
the community. They are also bound to respect the sovereignty of the law.
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.
The principle thus protects most especially the liberties of the weak
and underprivileged.
(4) Significance of the principle.- It is basic that laws must be obeyed
by all and applied to everyone - rich or poor, lowly or powerful- w.ithout
fear or favor. The observance of the supremacy of the rule of law by
officials, individuals, and the people as a whole is what will sustain our
democracy and assure the existence of a truly free, orderly, and equitable
society. (see Preamble. )
Every citizen has thus a stake in the rule of laW0
7
as contrasted to the
"rule of men." Without it, there is only anarchy, or a mere semblance of
order under a dictatorship.
- oOo-
67
Proclamation No. 713 (Se;:>t. 22, 2004) declares September of ~ ~ v e r y year as "Rule of
Law" month, and for the Department of Education to implement programs and activities in
the observance thereof.
PREAMBLE
We, the sovereign Filipino p eople, imploring the aid of
Almighty God, in order to build a just and humane society
and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve a nd
d evelop our patrimony, and secure to ourselves and our
posterity the blessings of independence a nd de mocracy un-
d er the rule of law and a regime of t ruth , justice, freedom,
love, equ ality, and peace, do ordain and promulgate this
Constitution.
Meaning of Preamble.
The term preamble is derived from the Latinpreambulare which means
"to walk

It is an int roduction to the main subj ect. It is the
prologue of the Constitution.
Preamble not essential in a constitution.
Technically s peaking, the Preamble forms no integral part of our Con-
stitution. Of itself alone, it cannot be invoked as a sour ce of private right
enforceable by the courts or of any governmental power not expressly
granted or at least, clearly implied therefrom.
2
It is significant to note, however, that a majority of the constitutions of
the world contain a preamble.
Object and value of Preamble.
(1) Set s down origin and of the Constitution. - While a
preamble is not a necessary part of a constitution. it is advisable to have
one. In the case of the Constitution of the Philippines, the Preamble which
is couched in general terms, provides the broad outline of, and the spirit
behind, the Constitution.
It serves two (2) very important ends:
(a) It tells us who are the authors of the Constitution and for whom
it has been promulgated; and
1
Tucker on the Constitution, p. 381.
2
See 1, Story on the Constitution,P.- 361.
.........
. ,,"

PREAMBLE
33
(b) It states the general purposes which are intended to be achieved
by the Constitution and the government esta blished under it, and
certain basic principles underlying the fundamental charter.
(2) May serve as an aid in it.<; interpretation. - The PreamblP. has a
value for purpose& of const ruction. 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. By way of illustration,
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 - and not for pr:-ivate purpose.
Source of Constitution's authority.
(1) The Fil ipino people. - The Constitution begins and ends 'vith the
words, "We, the sovereign Filipino people, imploring the aid of Almighty God x
x x, do ordain and promulgate this Constitution." Thus, the Filipino people
themselves (not just their representatives) are the source from which the
Constitution comes and being so, it is the supreme law of the land.
The Preamble r etains the use of the term "Filipino people" to signify
their oneness and solidarity. It is different from the term "people of the
Philippines" which may refer to the entire body of inhabitants, a mere
"aggrupation" of individuals, including aliens.
(2) A souere{gn people. - The Constitution calls the Filipino people
"sovereign." The first person approach consisting of the use of the pronouns
"we" and "our'' has also been retained instead of the impersonal t hird
person approach (i.e., "the Filipino people" and "their") in the Preamble of
the 1935 Constitution. 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.
Belief in God stressed.
Our Preamble is in the form of a collective prayer. The Filipinos are
intensely religious people. In imploring the z.id of Almighty God, they
declare and affirm their belief in the existence of a Supreme Being that
guides the destinies of men and nations. They recognize the fact that with
the help of God, t hey will be able to achieve the ideals and aspirations to
which they are commit ted. In a sense, they acknowledge God as the source
of their authority.
The Philippines is the only predominantly Christian and partly Muslim
nation in Asia and East Pacific Region.
3
3
Christ ianity and ].slam are the two leading religions of mankind t hat coexist in
Philippine society today. Islam came to the southern Philippines at about the beginning of
the 14th century, or even earlier, through foreign :.\oluslim traders - and later mainly
34
TEXTBOOK ON 1'HE PHILIPPINE CONSTITUTION
National purposes and aims in adopting
the Constitution.
A., set forth in the Preamble, they are:
(1) To build a just and humane society; and
(2) To establish a Government that shall:
(a) embody our ideals and aspirations;
(b) promote the common good;
(c) conserve and develop our patrimony; and
(d) secure to ourselves and our posterity the blessings of independ-
ence and democracy under the rule of law and a regi me of truth, justice,
freedom, love, equality, and peace.
Attainment of the constitutional goals.
(1) Root causes of our present problems. - After more than a half
century of independent existence,' the Philippines continues to be beset
with pressing economic, political, and social problems usually associated
with underdevelopment. To be sure, every administration has been respon-
sible, one way or another, for the slow progress of our country. 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 - graft and
corruption, political wrongdoings, blunders in economic policies, and mis-
management, among others.
5
The public perception of these shortcomings plus the inability of the
government to satisfy the basic needs of our increasing population, have
engendered misgivings in the minds of many in t he effectiveness of the
existing system, and have, in fact, contributed to our lack of unity and
oneness as a people.,;
(2) Government envisioned by the Constitution. - The two goals - to
build the kind of society and to establish the kind of government set forth
through Muslim mi:.<sionaries. The introduction ofChri.;tianity t.o the Fili pinos began in 1565
when Miguel Lopez de Legazpi can1e to colonize the Philippint!S. Over 9Qf.( of the population
t oday are Chri stians , mostly Catholics. Luzon 11.nd Vi;;ayas are !ilmost entirely populated by
the Christians. Enm Mindanao is !'>ettled by Christi ans excPpt for the provinces of
Maguindanao, Basilan, Sulu, Tawi-Tawi , La nao riel Sur, and Lanao del the
Muslims preponderate.
'From the United States, with the proclamAtion of independence and inaugurati on of the
Republic of the Philippines on July 4, 1946.
5
To the credit of President Ramos, the Philippi nes, after three decades of turtle-paced
growth, has made much headway in its development efforts to achieve the status of a newly
industrialized count.r y by the year 2000.
'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, with the exception of ,Tnpan,
were traili ng the Phili ppines in exports a;, weH.,as gross nat ional product CGNPJ. (see Art.
XII, Sec. 1.) '"""'
\
PREAMBLE 35
in the Preamble - are attainable only if the government actually estab-
lished js of the character envisioned by the Constitution.
(a) That government must be democratic, i.e., based on the consent
of the governed, and it must be so not only in its structure but more
importantly, in its operation. (see Art. II, Sec. 1.) For instance, it is not
enough that taws are just and humane- they must be applied justly
and humanely; or that periodic elections are held- they must be clean
and orderly and must accurately reflect the will of the electorate.
(b) That government must be administered by honest, efficient and
dedicated men and women who consider public office as a public trust.
(Art. IX, Sec. 1.)
(c) That government must be responsive to the people's needs and
expectations, exercising power and authority in view only of the com-
mon good, always guided and controlled by the laws and the Con'stitu-
tion.
(3} Single biggest factor for national solidarity. - Such a government
is beyond doubt, t he single biggest factor for national solidar-ity for it
commands the respect and confidence of the citizens in its ;ntegrity and
competence and, therefore, can readily secure their support and coopera-
tion behind great undertakings and, in times of grave crises, count on their
loyalty and patriotism to make sacrifices, and if need be, to defend it and
the democratic ideals and values (e.g. , rule of l aw, respect for human
dignity, freedom, equality) it t n d ~ for .
( 4) Key to a succ:essful democracy. -Only when we succeed in estab-
lishing a truly popular "government that shall embody our ideals and
aspirations,'' as intended by the Constitution, can we overcome \vhatever
difficulties and meet whatever challenges that we face today and that may
confront us in the future. Only then can we build for ourselves and the
succeeding generations a vibrant democracy that can withstand the tough-
est tests of events and a::;sure a life of prosperity and progress, justice and
dignity for all, especially the poor and the less privileged in our society who
up to now consti.tute the vast majority of "the sovereign Filipino penple."
see Art. II, Sees. 9-11.)
Changes in the Preamble.
(1) The Preamble, consisting of 75 words, is one of the world's longest
preambles. It has 15 words more than that of the 197a Constitution.
(2) The phrase Almighty God replaced "Divine Providence" in the 1935
and 1973 Constitutions which was considered vague and impersonal. The
latter term was used in the 1973 Constitution as a compromise to accom-
modate some atheists in the 1971 Constitutional Convention. 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 great prejudice of the minority), and f'reedom
36 TEXTBOOK ON THE Pl\ ll.lPPfNB C0!\
1
STITVTION
instead of "liber ty'' because the latter wor d does not cover freedom fr om
want, fe ar and ignorance.
( 3) Ot her amendment s are t he insertion of t he following phrases and
words:
(a) to build a just and humane societ:v, t o stress that in ordai ning
and promul gating the Const itution, t he purpose is not only t o establish
a gover nment but also such a societ y where inequalities or inequities in
any form do not exist. This is especially r elevant in our societ y today
where there are so few with so much and so many with so litt}(;
(b) t he rule of law (see Introduction-E.), the Const itutional Com-
mission appar ently havi ng i n mind the count ry's experi('nce of authori-
tarian rule under the for mer r egi me which had been accused, among
other s, of human right s violat ions. electoral frauds and t err orism,
suppression of diSt!ent , abuse of the decree- maki ng power , and unequal
application of the law;
(c) aspirations, to stand for the unreallzed dreams of t he nat ion as
distinguis hed from "ideals" which r efer t o accepted norms and senti-
ments;
(d) -truth, to emphasi ze the const itutiGna l policy of t ransparency in
the administration of t he government ; and
(e) lot'e, as a dir ective principle of the Pr eamble together with
t ruth, justice, freedom, equality and peace. In ma ny parts of t he coun-
try t oday, i nt ense partisan conflict s and political ri val ries, not to men-
tion the long-dr awn communist armed rebellion and the seces::;ionist
movement in the south,' and the r epeated coup attempts by disaffected
military r ebels to overthr ow t he government,k have engendered hatred,
violence and tension!:! , a nd hinder our progress and development. With
out a sense of love to bind the Fili pinos and make them show mor e
compassion, concern a nd understandi ng for one another es pecially dur -
i ng t hese cr it ical t imes when the country is confront ed by vexing socio-
politico-economic problems, national unity a nd peace so vitally needed
in the gr eat tas k of bui lding a s trong and st able nation, will remain an
elusive goal.
' Armed dis,.,idence again ilL t he go,ernment ha,; r aged virtually wit hout let -up !I ince t. be
late 1940!1. lt wa!; foll owed by t he Hukbala hap rebt! ll ion, then beginni11g l9i0, by a Maoist
insurgency. The separatist among the l\Iu:;lim of Sul u a nd
Mindanao which took an incrf!.as ingl y rc:l igious col or s tart ('!d 1n 1969
As of this wri ting, the Government is !; till e' g"ged in P<!ace with the Nationa l
Democratic Fr ont CNDF), t he political a rm of t he Communist Par ty of t he Philippines (CPPJ.
A final peace s ettlement has a lready been forged with t he Mora Liberation Front
cMNLfo'i in 1996. Now, the Government has to contend with a brea ka way faction of the
MNLF, t he Moro Isla mi c Libenttion Fr ont (.MILF! which cont inues to su pport the secession
of Mi ndanno. On Octobt<r 19, 2001. th e Phi lippine Gover,l mellt and the MILF inked a cease-
fixe operations pact a t. Kuala Lumpur , Ma laysia. consider ed to be a hig positive step towards
ach ieving last ing pea ce. . .....
.. DUling the ndmi ni,:; !.ratiou. of President. Aquino (1986- 19921.
'
37
Incidentally, 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."
(4) The word independence in the text of the (which was
almost an exact reproduction of the of the U.S. 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), and it is long E.fter 1946 when the Philippines had become
legally independent. It is restored to stress our being an independent
nation, "free to build and chart our own destiny, in our own time and in our
own way."
Of course, there is no nation in the wcrld that is truly independent.
Each nation is to a certain degree depEmdcnt upon others, for no nation, no
matter how progressive and prosperous, can be completely self-sufficient.
The constitutional goal is self-reliance and freedom from foreign control
and intervention in the development of our national economy (see Art. II,
Sec. 19.} and the pursuit of our foreign policy. (lbid., Rec. 7.)
(5) The words peace and P.quality were inserted in the 197:{ Constitu-
tion in view of the turbulence, and the waves of p1otest against "basic
economic and social inequalities" then prevailing in the country at the time
of the framing of the same. ThE-se conditions continued to exist up to the
last days of the Marcos regime. While the idea which "equality" signifies is
already embodied in the term "democracy," it is imperative that emphasis
.should continue to be made in the new Charter of the egalitarian objedives
of our society.
-oOo-
Article I
NATIONAL TERRITORY
SECTION 1. The n a tional territory comprises the Philippine
archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippi nes has sover-
eignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its t erritor ial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the
a rchipelago, regardless of their breadth and dimensions, form
part of the i nternal waters of the Philippines.
Necessity of constitutional provision
on National Territory.
The Constitution begins with a delimitation of our national t erritory.
( 1) Binding force of such provision under internationa llaw. -There is
no rule in international law which requires a State to define its t erritorial
boundaries in irs Con::; titution . The r eason is that \vith or without such a
prnvision, a State under i nternational law has the unquestioned right to
assert juri.sdil'tion t hroughout the extent of its territory. Nor is s uch de-
limitation binding upon other States who are not precluded from claiming
title to territories which they think is their!'l .
1
In any case, terri torial disputes have t o be settled ael'Ording to tht>
rules ofinternationallaw.
(2) Value of provision defining our national territory.-:-\eYertheless,
it is important to define as precisely as possible our na tional terrhory for
the purpos e of making known t o t he world the reas O\cr ,,hieh we assert
title or ownership to avoid future conflicts with other nmions. As a sover-
eign State, the Philippines can promulgate and enforce laws within our
country. Every other power is excluded from dominion or juris-
diction without t he consent of the Philippines.
1
A constitution is not internat ional law but only a la w: l! uch. it is binding only on
the state promulgating it.
38 '
\.
........
Sec. 1 ART. I. -NATIONAL TERRITORY 39
International law recognizes the supreme authority of every state within
its territory, although foreign sovereigns and diplomatic envoys are enti-
tled to exemption from local civil and criminal jurisdiction.
2
(3) Acquisition of other territories. -Incidentally, 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.g., purchase, exchange, etc.) sanctioned by international law.
l National Territory of the Philippines.
As provided in Article I, it comprises:
(1) The Philippine archipelago
3
with all the islands and waters em-
braced therein;
4
(2) All other territories over which the Philippines has sovereignty or
jurisdiction;
5

(3) The terrestrial, fluvial and aerial domains including the territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine
areas thereof; and
(4) The internal waters. (Sec. 1.)
Meaning of archipelago.
The term archipelago is derived from the Greek word pelagos meaning
"sea." It has been defined as a sea or part of a sea studded with islands,
often synonymous with island groups,
6
or as a large group of islands in an
body of water, such as sea.
7
In other words, it includes both sea and islands which geographically
may be considered as an independent whole.
Other territories over which the Philippines
has sovereignty or jurisdiction.
(I) The phrase "all the other territories belonging to the Philippines by
2
Every Filipino i.:itizen, however, whether he is inside or outside the country, is subject
to the personal JUrisdiction of the Philippines. Thus, he can be made subject to Philippine
income tax.
Philippi rws. one oft he largellt archipelagos in the world, lies off the southeast coast
of Asia. Nearest to it are MalaYsia and Indonesia on the south and Taiwan on the north. Its
estimated 7.107 cover an area of about 300.440 square kilometets stretching in
discontinuous coastli(1e of 1.850 kilometer;; from north to south. The Philippine archipelago
referred to in Article I are those mentioned in Article I of the 1935 Constitution.
'Geographically, the Philippines is of three main parts: Luzon in the
Visayas in the center, and Mindanao in the south.
r.Actual exercise of sovereignty is not essential to the acquisition or retention of sover-
eignty rights over a territory.
"See Glossary of Oceanographic Terms (1960}, U.S. Naval Office.
:see Meritt Students Encyclopedia (1960).
40
TEXTBOOK ON THE PHILlPPINE CONSTITUTION
Sec. 1
historic right or legal title"
8
in the former provlSIOn was amended as
indicated above. The phrase 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 to the so-called
Freedom land (a group of islands known as "Spratley" islands in the South
China Sea) and the Marianas Islands, including Guam (which according to
historical documents were under the control of the civil and ecclesiastical
authorities in the Philippines during the Spanish r egime), or any other
territory over which the Philippines may in the future fine it has a right to
cl aim.
Its inclusion 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 Philippines by historic right or legal title.
(2) The deletion, however, of the words "by historic right or legal title"
is not to be construed as precluding future claims by the Phili ppines to
a reas over which i t does not actually exercise sovereignty. The change is
designed to improve our relations with Malaysia while allowing flexibility
in pursuing the Sabah claim.
9
Other areas included in the Philippine
archipelago.
The Philippine territory consists of its terrestrial, fluvial, and aeriaP
0
domains. Included in its fluvial domains, in addi tion to the external wa-
t ers, are:
( 1} The territorial sea. - It is that part of the sea extending 12 nautical
miles ( 19 kms. } from the low-watermark. It is also-called the "marginal
sea," the ';marginal belt,'' or the "marine belt";
(2) The seabed (or sea floor or sea bottom). -This r efers to the land
that holds the sea, lying beyond the seashore, including mineral and
natural resources;
right has been taken to mean title created in derogation of internati onal law
through historical process by which one state has asserted jurisdiction originally illegal,
which has been acquiesced in by the community of nations. I.egal title, on the other hand,
to >l derivative title, ll UCh <l !; ces!<ion by u State of its soverei gn over a territory.
(J ustite .F.Q. Antonio, "For and against the RP Sabah 'fhe Bulletin Today. Sept. 23,
1977. ! .
catch all claim has c1 eated irrit ants in our wi th Malaysia, a member of
ASEAN, which Lhe phrase as an assertion of Philippine cl aim over Sabah. The
deletion of the clause has removed a possi bl e constitutional obstacle to thedropping of t he
Sa bah claim by t he Philippines if it dce;ires to do so.
cThit=: refers to the air l!pacc or that part of the air above the la nd and water territor y of
the Philippines. The present state of development in space navigation does not permit any
delimitation of thE' height of air space subject t o the Rovereign jcrisdiction of a state. (See
Committee on National Territory Report No. 01 fl97l Constitutional Convention], dated
Jan. 15. 1972.)
SE>c. 1 ART. I.- NATlONAL TERR[TORY 41
(3) The subsoil. -This refers to everything beneath the surface soil
and the seabed, including mineral and natura] resources;
(4) Insular shelves (or continental shelves).- They are the submerged
portions of a continent or offshore island, which slope gently seaward from
the low waterline to a point where a substantial break in grade occurs, at
which point the bottom slopes seaward at a considerable increase in slope
until the great ocean depths are reached; and
(5) Other submarine areas. -They refer to all areas under the territo-
rial sea. Among oceanographic terms used are seamount, trough, trench,
basin, deep, bank, shoal, and reef.
As part of the national territory, the seabed, the insular shelves, and
other submarine areas are necessarily co-extensive with the territorial sea.
The Philippines has a right or title to them to-the extent recognized by
international law.
Three-fold division of navigable waters.
From the standpoint of international law, the waters of the earth are
divided into:
(1) Inland or internal waters. -They are the parts of the sea within
the land territory. They are considered in tht same light as rivers, canals,
and lakes within the land territory of a state. They are sometimes called
national waters;
(2) Territorial sea. It is the belt of water outside and paral-
lel to the coastline or to the outer limits of the inland or internal waters;
and
(3) High or open seas. - They are waters that lie seaward of the
territorial sea.
Jurisdiction over navigable waters.
The inland or internal waters and the territorial sea together comprise
what is generally known as waters of a state. Over these
waters, a state exercises sovereignty to the same extent as its land terri-
tory but foreign vessels have the right of innocent passage through the
territorial sea.
On the other hand, the open seas are internationai waters which means
that they are not subject.to the sovereignty of any state but every state has
equal right of use in them.
11
11
Presidential Decree No. 1599 (June 11, 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; except that where the limits overlap the
economic zone of an adjacent or neighboring state, common boundaries !\hall be determined
by agreement with the state concerned, or in accordance with generally r<lcognized
of international law on delimitation.
42 TEXTBOOK ON THE PHILIPPINE CONSTI-TUTION Sec. 1
The archipelagic concept or principle
of territoriality.
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, together with Indonesia and other archipelago states,
had espoused in international conferences on the Law of the Sea.
By this concept is meant that an a_rchipelago shall be regarded as a
single unit, so that the waters around, between;- 8."nd connecting the islands
of the ar chipelago, irrespective of their breadth and dimensions. form part
of the interna 1 waters oft he state, J.i.u biect ve sovereignty.
The Philippine position.
The archipelago theory is in reality an exception to the three-mile rule
(now 12-mile rule). This rule does not adequately protect Philippine inter-
ests at all.
(l ) In the International Convention on the Law of the Sea held in
Geneva in 1958, the Philippine position was exrlained
12
as follows:
"To apply the three-mile rule to the Philippines, with every island
having its own territorial sea, would have a fatal effect upon the
territorial integrity of the Philippines. It would mean the dismember-
ment of t he archipelago with the Sibuyan sea separating ti,e Visayas,
and the Mindanao Strait and the Sulu isolating Palawan from the rest
of the archipelago.
These and other areas of waters would cease to be Philippine
waters; they would become international waters or high seas, 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. Furthermore, warships of even unfriendly nations could
enter these waters and stay there with perfect legal right to do so. At
the same time, we would lose a large part of our territory on both sides
of the archipelago, towards the China Sea and the Pacific Ocean."
As long as the Philippine Constitution stands, as long as the Philip-
pines continues as one united country, and as long as the Philippines
contitutes one nation, the three-mile limit can neyer be acceptable to us."
(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, 1971, the Solicitor GeneraP
3
12
By the late Senator Arturo M. Tolentino.
13
Estelito P. Mendoza.
Sec. 1
ART. l. - NA 1'TONAL TERRITORY 43
of the Philippines reiterat ed t he reasons why the over 7,000 islands com-
posing the Philippines should be treated as one whol e unit:
"More than seven thousand islands comprise the Philippines ruled
by one whole unitary government, bound by a common heritage, be-
holden to the same tradi.tion, pursuing the same ideals, interdependent
a nd united politically, economically and socially a s one nation.
To suggest that each island has its own territorial sea and that base
lines mus t be drawn around each island is to s plinter into 7,000 pieces
what is a single nat ion and a united stat e. One need only imagine a
map of the Philippines 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. Depending on the breadth of the territorial sea
that may emerge, 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. And yet, on account of this, on the pretext of going to those
pockets of high seas, any vessel may intrude into the middle of our
country, between, for example, the islands of Bohol and Camiguin
which fr om shore t o shor e ar e separated by no more t han 29 miles."
(3} Even , therefore, a twelve-mile breadt h of t he t err itorial sea would
not be acceptable to t he Philippi nes as it would still r esult in having some
pocket s within the sea between some islands which would be considered
international waters.
11
The archipelago principle and t he exclusivi! eco-
nomic zone rights (see Note 11 are now fully recogni zed in the U.N. Law of
the Sea Convention and, ther efor<:, form part of public international law. It
was ratified by the interim Bat asang Pambansa on Febr uary 27, 1984.
15
- oOo -
HThe significance of the archipelagic doctrine is more r ealized with the present progra m
of t ho government to develop all its natural resources found in i tB water s under the sea and
in t he seabed to their fullest. ext ent . There is now tremendous interest recently generated in
off-shore oil exploration in our country. ("The TerritoTial Jurisdiction of the
J ournal of the IBP, Vol. 1, No. 3, p. 176, by ,Judge [now retired .Jus tict:l l Jorge R. Coquia .1
With t he new technology, the exploi ta tion of seabed mineral r esource:-; particularly manga
nesc, nickel and copper, "<Hl increase the export potentials and hasten the indust.rial develop
ment of the Philippines.
1
' Among the beMfits the Phili ppi nes would derive from the convent ion are:
( 1) Ownershi p of the Phi lippi nes over all the miner als , oi l unci livi ng resources in t he
waters and the s eabed and subsoi l of the archipelago, th e 200-mile l! xcl usive economic zone
ar ound the isl ands, and the cont inental shelf even hey.md 200 mil es fr om tht- shore;
(2 ) Increase in the wat ers under Philippine jurisdi ction inch1ding t h E:- exclusive eco
nomic zone, by more than 93 mill ion hectares;
(3) Recognition in internat ional law of the archipelago principle which the Philippines
h as been advocating since 1956; and
( 4) Acceptance of the PhilippineiS by the international community a!; a single political,
economic and geographical unit with no intcrnati9nal waters bet ween the diflerent islands.
(According to forme1 Senator 111H.l A!:l.semblyman Arturo M. T,llf!u l i no, Philippine Daily
Express, Feb. 28, 1984.)
Article II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
PRINCIPLES
SECTION 1. The Philippines is a democratic and republican
State . Sovereignty resides in the people and all government
authority emanate s from them.
The Philippines, a democratic
and republican state.
The above declar at ion is a r e-st atement (see Preamble) of the demo-
crat i c charact er of our government.
A republican government is a democratic government by r epresenta-
tives chosen by the people at large. The essence, therefore, of a r epublican
state is indirect ru le. The people have est ablished the government to
g(lvern t hemselves. Its officers from t he hi ghest to t he lowest are ser vants
of the people and not their masters. They can only exercise the powers
delegated to them by the people who remain as the ul timate sour ce of
political power and authority.
Section 1 adds t he word "democratic" because t he government, whi le
essent ially a republican democr acy, embodies some features of a pure
democr acy such as t he initiative and referendum. (see Art. VI, Ser. 32.j
Manifestations of a democratic
and republican state.
The manifestations of a democrat ic and republican st at e ar e:
( 1) The existence of a hill of rights (Art. II I. J;
(2) The observance of the rule of the majority ilntroduction-E. );
(3) The obser vance of t he principle t hat our s is a government of laws,
and not of men (Ibid.);
(4) The p1esence of elections thr ough popular will (Art. V.);
44
_f-
-s
Sec. 1 ART. IT. - DECLARATION OF PRI::-.l'ClPLES
AND STATE POLICIES
Pri!lciples

y
t5) The observance of the pr inciple of separation of powers and the ;
system of checks and balances (see Art. VI, Sec. 1.); _;;-
16) The observance of the principle that the legislature cannot pass c:
irrepealable laws (sec Art . VI, Sec. 26.);
(7) The obser vance of the law on public officers (Ar t. XI. ); and ,..
(8) The observance of the principle that the State cannot be sued .?
without its consent. (Art. XVI, Sec. 3.)
Sovereignty of the people.
Sovereignty 1mplies the supreme authority to govern. As the State in
whom sovereignty resides, the Filipino people have the right to constitute
their own government, to change i t , and t o defi ne its j urisdiction and
powers.
(1) Exercised indirectly through public officials. - But the people do
not govern themselves directly. Sovereignty (i.e., making laws, enforcing
t he same, and deciding cases involving life, liberty, and property) is exer-
cised through duly elected and appointed public officials who, as public
servants, are accountable to t he people. (Art. XI , Sec. 1.) Their a ct s, if
within the scope of their delegated powers, ar e, in effect, the acts of the
I
(2) Exercised directly through suffrage. - Actual sovereignty is exer-
cised by t he people through the electoral process.
1
The popular will is best
expressed when electoral processes are free, clean and honest, on the basi s
of universal suffrage (i.e., not granted by status or property) and thr0'.1gh
secret vote. It is also imperative that the broadest choice of representatives
is available t o the people. Since we are a r epresentative democracy, the
free and true expression of the people's sovereignty is of
Right of the people to revolt.
Section 1 above recognizes that the people, as t he ultimate judges of
their destiny, can r esort to revolution as a matter of right.
A provision in the Constitution expressl y recognizing the people's right
t6 r evolt against an oppr essive or tyrannical government is not necessary
and proper.
( 1) Being an inherent right, it exists whether or not such right is
embodied in the Constitution and, regardless of t he Constitution, a people
will revolt if s ufficiently provoked by oppression or abuses.
'The will or consent of tho people is expressed by way of elect ion, plebiscite, initiative.
referendum, and recall l,..ee Art . V, Sec. 1.) and through publir opinion which t hey exert on
those who gvvcrn on their behalf, particularly the elective officials.
2
Democracy cannot do without elections which are the means by whi ch the people ll l'e
able to boot out corrupt and incompetent offociub. But because the proce11s is not perfect.,
elections st il l yield officials who are unworthy of the people's mandate.
46 TEXTBOOK ON rHE PHILIPPINE CONSTITUTION Sec. 2
(2) A constitution in a democratic State enshrines the rule of law and,
therefore, any allusion to the right of violent or armed revol ution (which
connotes an act committed beyond the framework of the rule oflaw) would
be inconsistent with the concept of a Constitution.
(3) It would also not speak well of the political stability of the State,
because such a provision connotes that there is a distinct possibility that
the time may come when the people have to revolt against tyranny.
(4) In any case, in a democratic society where t he consent of the
governed is rc-!gularly expressed through open debates and free elections,
"prudence, indeed, will dictate that Governments long established should
not be changed [through revolution 1 for light and transient causes. ";i
SEC. 2. The Philippi nes tenounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and a dheres to the
policy of peace, equality, justice, freedom, coop eration, and
a mity with all nations.
Renunciation of war as an Instrument
of national policy.
This is the first aspect of the above declaration. It is in accordance with
the principle in the United Nations Charter binding all members to "re-
frain in their internationa l relations from the threat or use of force against
the territorial integrity or political independence of any state. x x x." The
declaration refers only to the renunciation by the Philippines of aggressive
'Var, not war in defen8e of her national honor and integrity. Men and
nations cannot. waive in advance the basic right of self-preservation.
Under Article VI, Section 23(1) of t he Constitution, Congress wit h t he
concurrence of two-thirds of all its members, voting separately, may de-
clare the existence of a state of war.
Adoption of the generally accepted principles
of international law as part of our law.
This second portion of the declaration binds the Philippines to enforce
or observe within its jurisdiction, generally accepted princi ples of interna-
tional law, whether customary or by treaty provision, as part of the law of
the land. 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.
(1) When inienwtional usage to be applied. - International usages or
the customs of t.ivilized nations are given effect by our courts in the
absence of any treaty, executive order, legislative act, or judicial decision.
:
1
The American Declaration of Independence (July 4, 1976).
Sec. 3 ART. II. - DECLARATION OF PRINCl PU ": S
AND STATE POLICIER
Pri nci ples
47
An example of a principle established by internati onal usage is that fishing
boats belonging to an enemy ar e not subject to seizure in time of war.
1
( 2 ) A treaty has force of a statute. -The Constitution gives a treaty the
same weight and value as a statute of Congress. In case of a conflict
between a treaty and a statute, the prior act is superseded by the later one
in point of time. When a treaty is superseded by a subsequent statute of
Congress, the treaty is repealed or abrogated as part of the law of the land
but it still subsists as an engagement of the Philippi nes, although it may
not be enforceable by our courts. The other St ate may only present its
complaint to the political organs ( i .e. , t he President and Congress) of our
government.
2
( 3 ) Constitution prevails over a treaty. - The phrase "law of the na-
tion''. 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.'} The change i s retained in the new
Constitution. Thus, should a conflict arise between the Constitution and a
treaty, the former prevails .
Adherence to the policy of peace, etc.,
with all nations.
This third aspect is a corollary to the foregoing port ions of the above
declaration of principle. It s hows a positive attitude on the part of the
Philippines toward the observance of the principles of the United Nations
Charter and to universally accepted rules and principles of international
law.
In line with the objectives of the United Nations, the Philippines seeks
only peace and friendship with her neighbors and all countries of the
world, regardles s of race, cr el?. d, ideology and political system, on t he basis
of mutual trus t , respect, and cooperation. It suppor ts the right of all
nations, big and small, to equality, freedom, and justice in their relations
with one another and the policy of non-interference and peaceful settle-
ment of international disputes and opposes the use of force, or the threat of
force, in the relations among nations.
The Constitution does not imply. however, that the Phi lippines is duty
bound to extend diplomatic r ecognition to all nations. (see Sec. 7. )
SEC. 3. Civilian authority is, at all times, supreme over the
milit ary. The Armed Forces ofthe Philippines is the protector of
the people and the State. Its goal is to secure t he sovereignty of
the State and the integrity of the national t erritory.
'Tho Paquete Habana, 17fi U. S. 677.
~ s V.G. Sinco, op. cit. , p. 293.
JHl70 U.P. Law Center Cons titutio nal Revision Project, p. 20.
48 TEXTBOOK ON THE PHILIPPINE CONSTITUTION
Supremacy of civilian authority
over the military.
Sec. 3
(1) Inherent in a republican system. - The idea of the supremacy of
civilian authority, the highest of such authority being the President, over
the military has always been recognized in our jurisdiction by implication
from express provisions of the 1935 Constitution and by practice. This
deeply rooted pqlitical tradition is also inherent in a republican system of
government. Nonetheless, the 1971 Constitutional Convention and the
1986 Constitutional Commission have incl uded t he above provision as they
felt the need for a clear expression in the Charter concerning the su-
premacy of t he civilian authority over t he military at all times, particularly
during periods of martial law or suspension of the privilege of the writ of
habeas corpus. (see Art. III, Sec. 15; Art. VII, Sec. 18.) Even in war, the
armed forces is subordinate to civilian authority.
(2) A safeguard against military dictatorship. - A civilian, the Presi-
dent is the commander-i n-chief of all armed forces of the Philippines (I bid.)
-the army, the navy, the air force, the constabulary, and t he marines.
1
As
commander-in-chief, he issues orders to the armed forces. Even the ap-
point ment of their high-ranking officers is vested in the President wi th the
consent of the Commission on Appointments of Congress (Ibid., Sec. 16.)
Along with Congress, the President determines the military budget and
defines the national policy on defense and security.
This arrangement is considered an important safeguard against t h ~
rise of military dictatorship.
Armed Forces of the Philippines, protector
of the people and the State.
(1) Fearsome image acquired during martial rule. - Under a previous
regime, particularly during the early part of martial law, the Armed Forces
of the Philippines (AFP),
2
acquired a fearsome image. This was a contribu-
tory factor to the failure of the government to contain the growing insur -
gency problem. Rightly or wrongly, it had been accused of having commit-
ted, abetted, or tolerated numerous violations of human rights both against
r ebels and the civilian population. Among the cases reported are unex-
plained or forced disappearance, extrajudicial kill ings (salvaging), massa-
cres, tortures, haml etting, and food blockades.
Many believed that the military organization was being used as an
i nstrument to prop up the continued stay in office of the then incumbent
1
The Philippine National Police (PNPj (Art. XVI, Sec. 6. l is under the Department of
Interior and Local Government which, in turn, is under the control of the President as
administrative head of the executive department. tArt. VII, Sec. 17.)
2
It was change1 hy the organization itself and was call ed for sometime as the New
Armed Forces of the Philippines ( NAFP) to shed ofT its former m g ~ during the martial law
regime and indicate its new r(ll e under the new dispensation.
Sec. 4 ART. II. - DECLARATION OF PRINCIPLES
AND STATE POLICIES
Principles
49
President who at the ti me of his overthrow in a peaceful revolution on
February 25, 1986 had held power for more than 20 years. 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, of generals known for their personal loyalty to the President and the
repeated extension of their tour of duty. 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.
(2) Constitutional mandates. - The ConstitutiQn seeks to change this
state of affairs:
(a) Through Section 3 above, it defines clearly the function of the
Armed Forces of the Philippines (AFP) and its goal in the discharge of
this function. 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. This means fighting all forces, internal or external; which
seek to overthrow the government, impair t he independence of the
nation, or dismember any portion of its territory.
(bl Through another provision (see Art. XVI , Sec. 5.), t he Constitu-
tion insures professionalism in the armed forces and insulates it from
partisan politics. Furthermore, i t directs the State to "str engthen the
patriotic spirit and nationalist consciousness of the military, and re-
spect for people's rights in the performance of their duty."
(3) Support of the people. - Adherence to these constitutional man-
dates 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 safety against any
threat to its existence, whether from within or from without. The strength
of t he armed forces, indeed, of our nation, sterns from the people.
SEC. 4. The prime duty of the Government is to serve and
protect tile people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may
be required, under conditions provided by law, to render per
sonal military or civil service.
Prime duty of the Government.
Section 4 enunciates the first and foremost duty of the Government--
to serve and protect the"people. In our contempor ary set ting, when the
country is beset by formidable social and economic problem/ all dellfanding
pri9rity attention, part icularly the problems of.lfiass p v ~ r ~ y andfinassive
employment, the above principle is most proper and timely. It is consist-
ent with the most basic democratic tenet that the government exists for the
people and not the people for the government. The State fulfills this prime
duty by pursuing and implementing the State Policies mandated by the
Constitution in Sections 7 to 28.
1)0
TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.4
In both the 1935 and 1973 Constitutions, "the defense of the State is
the prime duty of the Government x x x." This concept is considered
anachronistic. It was taken f1om the Constitution of the Spanish Republic.
1
Defense of the State by the people
against foreign aggression.
While the defense of the State is no longer the prime duty of the
government, it may call upon the people to defend the State. (Sec. 4.)
For self-preservation and to defend its territorial honor and integrity,
the Philippines can engage in a defensive war. In recognition of this fact,
the Constitution has provided for the above principle. The defense of the
State is one of the duties of a citizen.
The term "people" may also include aliens since they are likewise
subject to regulations adopted by the government for the defense of the
State.
The constitutional provision covers both time of peace and time of war.
Military and civil service by the people.
(1) Defense of State performed through an army. - The duty of the
government and the people to defend the State cannot be performed except
through an army. 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.
2
This principle is reinforced by the
provision on the formation of a citizen armed force. (see Art. XVI, Sec. 4.)
(2) Compulsory. - Thus, the citizens may be compelled to render
personal military, or civil service. Accordingly, the Supreme Court upheld
in a case the validity of the National Defense Act requiring compulsory

Spanish republican government at least had no reason to insist on it:; order of


priority that the first responsibility of the government and the people is to sh,Yulder arms to
defend the State. At that time, warmaking was the favorite sportt:. in the We:<tern World
and, worse for the Spaniards, their coloni<ls all over the world were being co,eted and
invaded by other world powers. Thus, they had to the principle that it was the primary
obligation of the government, home and colonial, and the people in them. to defend the State
and their colonies through compulsory military and civil service.
In carelessly adopting this theory in our Collstitution, we emhrace anachronism thnt
adds insult to injury. 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. In that sense, it gives Ihl.' military a primordial position
in the political hierarchy, a role wider and more important than a democratic constitution
would allow it. The lopsided view of the primary duty of the government has its perils.
Mr. Marcos and many dictators, both in Spain and Spani!'\h territories, took villainous
advantage of the declar(-ld constitutional principle. To justify their military regime!'\, Mr.
Marcos and the military juntas in South America invoked the constitutional precept that
first duty of the government is to defend the State and beef up the military." ("The Anachro-
nism in the Constitution" by Com. Napoleon G. Rama, Manila Bulletin, Sept., 198ft)
2
Peoplt> vs. Lagman, 66 Phil. 13.
Sees. 5-6 ART. II. - DECLAHA'flO!\ OF PRINCJPLBS
AND STATE POLICIES

51
military Bervice.
3
Any citizen recruited for the army or civil ser vice pursu-
ant to law for the defense of the State may not refuse on the ground tha: to
go to war is against his r eligion. The constitutional provision 1emoves all
dm1bt as to the validity of such law.
(3) Meaning of ciuil service. - The term, as used above, refers to any
service for the defense of the State other than as soldiers, like as workers in
munition factories.
Personal. - One cannot render the service required through an-
other. 'l'he service must be "per sonal."
(5) By law. - The "under conditions provided by law" is in-
tended to prevent arbitr?.!'iness on the part of certain officials to require
military or civil service.
4
It seeks to emphasize the primordial responsibil-
ity of t he Government "to serve and protect the people'' even when they are
called upon "to defend the State.''
SEC. 5. The maintenance of peace and order, th e protection
of life, liberty, and property, and the promotion of the general
welfare are essential for t he enjoyment by all the people of the
blessings of democracy.
Maintenonce of peace and order, etc.
The State (Government) shall pursue the maintenance of peace and
order (see Art. XVI, Sec. 6. ), the protection of life, liberty and property (see
Art. fii , Sec. 1.), and the promotion of the general welfa re or the common
good.
Only when peace and order, security, and a life of dignity (see Sec. 11.)
are established and maintained, will political stabihty and economic pros-
perity become attainable and t he people t ruly enjoy t he "blessings of
independence and democracy." (see Preamble. )
SEC. s:The separation of Church and State shall be inviola-
ble.
'
1
C. A. 1\Jo. 1.
Decree No. 170() !Aug. 8, 1980), otl)erwi se known as uThc National Service
Law,'' provi des for compu]t<;c>ry "national service" for all citizens of the Philippines which, a;; used
ir, the Decree, "shall con;;ist of three (31 main programs, namely: civil weltiue service, law
enfnrcem!.'nl. .service, and military l.>er vice." Each citiY.tm shall rcndor the service in any of the
or a combination thcrerof and t;uch sen icc shall be 1.:redited in his favor for the purpose
of fulfilling educational requirem<:nt!l establ ished by law. The amended C.A. No. 1.
In view of widespread protests which have been registered by various sectorR, its implemen
tativn was suspended by Memorandum Order No. 11 of the President at all schoolleveis effective
school .vear 1986-1987, except. the provisions on military service. The Secretary of Education,
Cult.urc a nd Sports inow Sccretnry of Educationl is directed to review the law and submit
r t>commendation,:;.
Subsequently, RA. No. 7077 (,Tunc 27, 19911, the ucitizcn Armed Forces of the Philip-
pine:; Resen ist Act,'' was enacted. R.A. No. 916:1 (::;ee note 1 to Sec. 13. 1 amended Sections 2
and a of Presidential No. l 706 ;ind Sections :JH and 39 of R.A. No. 7077.
TEXTBOOK t)!\' THE PHILIPPINE CO:-;"STITUTION
Principle of separation of the church
and State.
Sec. 6
The principle of the SE>paration of Church and State being inviolable
(i.e., secured or protected from violation) is i mplied from the constitutional
prohibitions that "no law shall be made respecting an establishment of
religion" (Art. III, Sec. 5.1 and that "no public money or property shall ever
be appropriated, applied, paid, or employed, directly or indirectly, for the
use, benefit , or s upport of any sed, church, denomination, sectarian insti-
tution or system (Art. VI , Sec. 29l21.) Settion 6 merely affirms
this old constitutional principle.
The principle simply means that the church i s not to interfere in purely
political matters or temporal aspects of man's life and the State, in purely
matters of r eligion and morals. which are the exclusive concerns of the
other.
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." Thi s is not as simple as it appears for the exact di vidi r.g line
between t he r espective domains or jurisdict ions of the Church and t he
has always been the subject matter of much disagreement.
2
The term "church," as in the Constitution, coYers all faiths.
Meaning of "establishment of religion
clause.''
The phase "no law respecting an establishment of religion" has been
referred to as the "establishment of religion clause."
3
In the words of
the Sp11nish !egimf!. not only wa;; there no !>cpflrlltion of church and State, but
the church arrogated unt u its;>lf powr:rs that properly be longed to the Sll:lte. church
tolerated, and l t ) 80m!c' extent. the abuses of the coloni al regi me . The original
behi nd the separa tion was t h<! growi ng power of religious authori t ies who impot<ed
thf!i r doctri llf!l! and r ulcs on tlwir f'Jili)WI: r::: t o tht' extent of encroaching into the politi cal or
real m.
2
For cxmnple. a church may concern it.sf:'lf with a secul11r acti\'ity !e.g .. politics, violation
of human rights. gTHft and corruption. arti fi(:ial birth coot roll which it is conducted
or is in contravent,ion of tlw law of God and the common good and an. inconsistent with
christian 1:mcl principles. The Cat holic Church. in piHt icular. sees the r enewal of the
temporal order >H;(ording to the gos pel a!! falli ng within i ts di ,i ne mission.
In con nection wi t.h the Day of Prayt?r for the Nation held on September 21, 1999
i11it.iated by the Catholic Church, t he Archhi;;h"P of issued a circular givi ng the main
r<:a:;ons why t.he chur ch a mission i n poi iti c;;. as follow:;. : 'First. because politics has a
mor:-11 dimension. Politic;; if\ a human activity. It may hurt or l:>E'nefit people; Second, because
tht (;u;,pd and l.he Kingdnrn nfGod Church to pol iti('al imol\'t:?ment. To prodai m the
go>-p<;l for all ion neccs;;arily incl udes llvangelizing the political world; Third, because
the m is;;ion nf t.h1; Church of integral the political sphe re. Meaning,
salvation the tntal pE>n;on, soul a nd body, spiritual a nd temporal; Fourth, because
the ii<!l vatinn or lht' h uman j)f:'T:SOI1 is from pe r;;onal and social sins. In t he political field,
:;,)ciA] :sins unfnrwnat.ely abound.
l'f'ht- provi;;inn was contai ned in clau;;e <7 J. Section 1 of Article Ill {Bill of Right s) of the
19:t'i Constitutinn. Jt. i;: now cmbndied i n Sf:'rtion 5, Art ide III in the 1987 ConF;titntion as a
s c'!Hlrat( provi l"inn.
Sec. 6 ART. II. - DECLARATION OF PRNCIPI.ES
AND STATE POLICIES
Pri nciples
53
Thomas Jefferson, using a metaphor, this clause was intended to erect "a
wall of separation between the Church and the And it means that:
( l. ) The State r;hall have no official religion;
(2> The State cannot set up a church, whether or not supported with
public funds; nor aid one religion, aid all religions (see Art. VI, Sec. 29[2].),
or prefer one religion over another;
(3) Every person is free to prClfess belief or disbelief in any religion;
(4) Every religious minister is free to prad.ice his call ing; and
(5) The State cannot puni sh a person for entertaining or professing
r eligious beliefs or disbeliefs. G
No hostility towards religion.
The command that Church and State be separate is not to be interpreted
to mean hostility to religion. In so far as religion instills into the minds the
purest principles of morality, its influence is deeply felt and highly appreci-
ated.G As a matter of fact, the Preamble of the Constitution starts with these
words: "We, the sovereign Filipino people, imploring the aid of Almighty God .
. . " Wit.b these words, the Filipino people "manifested their intense religious
nature and placed unfaltering reliance upon him who guides the destinies of
men and nations.""'
Furthermore:
( 1) Our Constitution and laws exempt from taxation, properties de-
voted exclusively to religious purposes (Art. VI, Sec. 28[3.1.);
(2) The use of public money or property is not prohibited when a priest,
preacher or dignitary as such is assigned to the armed forces, or to any penal
institution or government orphanage or leprosarium (Art. VI , Sec. 29[2]. );
(3) Optional religious instruction in public elementary and high schools
is by constitutional mandate allowed (Art. XIV, Sec. 3[3.1.);
(4) Thursday and Friday of Holy Week, Christmas Day and Sundays
are made legal holidays
8
because of the secular idea that their observance
is conducive to beneficial moral results; and
Everson vs. Board of F.ducHtion, 330 U.S. 1.
6
Soc Ibid. There is nothing in the Constitution prohibiting the church from expressing
its views or stand on public i&sl'es.
sAglipay vs. Ruh. 64 Phil. 201.
' lhid. .
' Executive Order No. zrn {J une 30, 1987! list,:; Manndy Thursday and Good Friday
(movnhlc date) as rcgulllr holidays l:lnd All Saints' Day I Nov. 1) and Chdstmn" Day !Dec. 25) a.c;
nationwide ilpecial holidays. isee Adm. Code of 19H7 Order No. 2921. Book I, Sec. 26.)
Proclamntion No. 192a (Oct. 27, 1979J established the annual celebration ofl\:ntional Bible Week
and National Rihln Sunday. Procla mations No. i"ifi !Nov. 21. 1986J and 1\o. 1067 !Aug. 26, 1997)
call ofN11tional BiOle Week on the lnst week of J anua ry each year with the
Sunday a:o Bihk Sunchty. Proclama tion No. 1067 calls for "natiom1l a ttention to be focused on the
imporiMce of reading and .studyi ng thc Bible in molding the !:lpiri t.tJtll. mora l. und social fiber of
54 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 7
(5) The la w punishes polygamy and bigamy, and certain crimes against
religious wors hip are considered crimes against the fundament al laws of
the State.
9
Wit hin the limits prescribed by the principl e of separation of Church
and State, these two great entities could work together in harmony to serve
the welfare of the people. HI
STATE POLICIES
SEC. 7. The State shall pursue an independent foreign policy.
In its relations with other states the paramount consideration
shall be national sovereigntyJ territorial integrity, national
interest, a nd the right to self-determination.
Foreign policy of the Philippines.
Foreign policy is the basic direction underl yi ng the conduct by a St ate
of its affairs uis-a-vis those of other States. It is a set of guidelines followed
by a government of a country in order to promote its national interest
through the conduct of its relations with other countries.
Under our constitutional system. Congress shares with the President
the responsibility of formulating the country's foreign policy al t hough the
conduct l hereofis primarily r eposed in the executive depart ment. (see Art.
Vll, Sec. 22.) The President formulates our for eign policy principally with
the help of the Department of Foreign Affairs.
(1) An instrument of domestic policy. -Its importance in the survival
and progress of a country cannot be over-emphasized. It is the sole weapon
of a State for the promotion of national interest in internati onal affairs.
Thus, foreign policy is but a r eflection and an ins trument of domes tic
policy, t he former being related t,o and dict ated by the latter. They are not
only mutually consistent but complementary .
1
the nation." Proclamation No. 498 1Nov. 26, 2003; dedares Novi:"mber 26. 2003, the end of
Ramadhan, as n s pecial non-working day throughout the country f Feast of Ramadhan}. R.A.
No. 9177 tNov. 13, 2002) declares the first day of shal(ual. t he 10th month of the Islamic
calendar, a national holi day for the observance of Eidul Fitr. and the lOth day of Zhul Hijja ,
the 12th month of Islamic calendar, a r egi onal holiday in the Aut onomous Region in Muslim
Mindanao <ARMMl for the observance of Eidul A dha .
"See Revised Penal Code, 132-133; see Y.i>. Ruiz. 64 Phil. 20 1.
11
'ln a speech before the Manil a Rotarians on July 24, 1979, Jaime Cardinal Sin said:
"The Church and tho State are two entities that play an important role in our life. Let us
keep them separate hy all means hut let us not interpret separation as segregation. Let us
believe th<tt they can work hand in hand, separate but parall el like the two tracks on the
r ailroad leading to the same desti n<tion."
1
Philippine foreign policy h as al l too often been perceiYed w have littl e or no bearing at
all to the ordinary l<'ilipino in his daily s truggle for existence. It. need not be detached or
removed from the people it endeavor s to serve.
7 ART. H.-- OF
AND STATE POLICIES
St ate
55
(2) Pursuit of an independent foreign policy. - The Constitution man-
dates the State to pursue an independent foreign policy, aware of the
unwelcome consequences of a poli cy characterized by excessive dependence
on another
An independent foreign simply means one that is not subordi-
nate or subject t o nor dependent upon the support of another governmt'nt.
It is not one that completely rejects advice or assistance from without.
Neither does it mean abandoning traditiona.I allies or being isolated fro"Ql
the international community. To be realistic, a foreign policy must have a
global outlook in view of the delf:'t.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 international community. Being a small devel-
oping nation, we must make no enemy if we <.:an make a friend.
In general, our basic f01eign policy objective is to establish friendly
relations with all countries of the world regardless of race, religion, ideol-
ogy and social sys tem and to promote as much beneficial relations with
them particularl y in economie and trade activities.
(3} .Paramount consideration. - - The Constit ut ion r ecognizes t hat in
t he pursuit of an independent foreign policy in an interdependent world,
new realities and new situations may require the Philippines to make a
reapprail'lal of the conduct of its foreign relations. in the
making and conduct of foreign policy is relative. The national inte:est will
not be served by trying to deal wi t h regional and international issues in
absolute terms. Ours must be a policy of flcxibili ty and pragmatis m guided
only by the welfare of our people and the security of our Republic.
The framing of a foreign policy is shaped by how interests nrc and det ermined
a t a ny given moment. Philippine int.eres t!:l have- vnriel11n and magnitude through the
ycn rs bN:i.\use of our ch a nging- wncerns and partly het"ause the world hii;; continued to shrink
int o a n infinitely complex web of interdependence nct interc<mnecti vit.y.
To be of t r uly of to t.be Fi lipino, foreign policy nocds t o adva11ce t he
int ere.'>ts and ultimately, benefit. the Filipino poople. An informed citi zenry wi ll t hus r ea
why fcreign poli<'y and diplomacy have to be invol ved in the w11r against the proli ftlr a t ion of
nuclear other weapons C)f mass destructior.; again1<t and ot.her pr,hihit.ed
against tr:rrorist':l, human t r affickers. and against child lahor and
wonwn exploit11tion; a nd other tran':lnationa l The p<ople will then undl!rsta nd and
a pprcciatP. why we ha ve to by the basis for a la1;ting solut.iloJl to conflicting c!aims in the
South Chinil why we need a regional counter-terrorism a grt>ement; why we s to. nd on
our fa ir trade commit ments; why we strengt hen bil ateral in order t o open wor ld
markets for Phil ippine products, promote irwe:>tments and tour;sm, a nd tap o>our..:es for
official rl<wel opme nt assistance; .a nd above a ll , why we do Tl\lt lea ve a stone untum .:!d to
the ;;1:1fP.ty and prot.1:ction of onr millions of overscaft worker s .
In a nutshell, we pursue a foreign policy that will and enhance our national
intcrc,;ts and protl:'ct a nd promote the right!'< and welfare flf l'\'ery citizen. (soc A l-'<.1reign
Policy in the Servi c<' of the Filipino, by Delia D. Albert, St>rretary of ForP.ign Affairs,
Pa norama, .June 10, 2004, pp. 8, 26.1
way of illust ration, the domestic policy of our count ry afte r becoming independent in
1946 wa.'> to r econs t.ruct the economy r avaf::cd by World Wa r II for which the
needed foreign aid readi ly a vailable from t ho U.S. As a r c!lult. t.he foreign pCJlicy of t he
count ry was l o a lign itself with the U.S. on many international issuos.
56 TF.XTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 8-9
In its relations with other states, the paramount consideration of the
Philippines shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination. (Sec. 7. )
SEC. 8. The Philippines, consistent with the national inte r-
est, adopts and pursue s a policy of freedom from nuclear weap
ons in its territory.
Freedom from nuclear weapons policy.
The intent of Section 8 is to forbid the making, storing, manufacture or
t esting in our country of nuclear weapons, 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. It does
not, however, prohibit the use of nuclear energy for medicine, agriculture,
and other peaceful or beneficial purposes. Congress will have to provide the
mechanics to effectively implement Section 8.
(1) As subject to exception. - The records of t he Const itutional Com-
mission1 support the position that Section 8 does not absolutely ban nu-
clear we-apons fr om Philippine territory. The "consistent with the
national interest," may reasonably be interpreted to mean "subject to
national interest." In other words, if the national interest so dictates, the
storing of nuclear weapons in our territory may be permitted at least on a
transitory basis, considering that it was not prohibited under the t hen
existing mi litary bases agreement with the United States whose validity
and term of effectivity until 1991 are implicitl y recognized by the Constitu-
tion. (see Art. XVIH, Sec. 25. )
(2) As an absolute ban. - The phraseology, however, of Section 8 may
be unders tood as providi ng no qualification, exception, or condition i f the
phrase "consistent with national interest" i s taken as the reason for t he
that is, the Philippines "adopts and pursues'' the policy because it is
consistent with national interest. The Constitution itself bans nuclear
weapons as a policy and precisely emphas izes t hat such policy is Mconsist-
ent with the national
SEC. 9. 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 poverty through policies that
provide adequate social services, promote full employment,
a rising standard of living, and an improved quality of life for
all.
!Vol. IV. St!pt. HJ, 1!186, p. SlB.
1
Senaror Arturo M. Tol+mtino, Manila Bull eti n, July 28, l!:H\8, p. 7.
10-11 ART. II. - OF.CLAJ:{ATION OF PRINCIPLES
AND STATE POLICIES
St.'llt! Policies
Just and dynamic social order.
57
(1) Policies necessary to be The State shall promote a just and
dynamic social order. This is accomplished through policies that provide ad-
equate social services (in the field of health, education, housing, etc.), promote
full employment (see Art. XII, Sec. 1, par. 2; Art. XIII, Sec. 3, pa1 1.), a rising
standa rd of living, and an improved quality oflife for all. (]bid., Sec. 1.)
(2) Soluing the problem of mass poverty. - The Preamble calls for the
"establishment of a just and humane society." Such a society must insure
t he prosper ity and independP.nce of the nation and fr ee the underpri vileged
and t he marginalized sectors of our population from poverty. 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 of our people from their poverty to a qualitative life worthy of
human dignity.
With the eradication of mass poverty, the State solves at the same time
a chain of 'Social problems that comes with it: social unrest, breakdown of
family systems, diseases, ignorance, criminality, and low productivity.t
SEC. 10. The State sha ll promote social justice in all phases
of national development.
Social justice.
This policy mandates the State to promote social jus tice i n all phasei:' of
national In the fu lfillment of this duty, State must give
preferential attention to the welfare of the less fortunate members of the
community- the poor, the underpri vileged, those who have less in life.
It i!-1 discussed full y under Article XIII (Social Jus tice and Human
.Rights).
SEC. 11. The State values the dignity of every human person
and guarantees full r espect for human rights.
Human dignity and human rights.
In a democratic state, the individual enjoys certain right" \\hich cannot
be modified or taken away by the lawmaking body. Thc::e> rights are recog-
'!'over t.y has been an issue in our country . .\bn, it as the root cause of
other problems the people are whh. La test h:; :\ationai Sta tistics Offi ce
iNSOJ show that the country's wealth r"'main!:' di ;.tributed as the richest fP.w
families continued to amass the lion's 11hare of the income while 'he poor
earned only a fraction of the riche>:t lO'if. It wi;f ;;1 1 :-;!) that Adam Smith, the father of
modern economics wrote: "No Sf)Ci cty can S l!n:h be t1 u :ishmg and happy, of which by far the
gr.eat.e r part of the members a1e poor anu miserahle.
58 TEXTBOOK ON PHILIPPI!\E CONSTlT UTION Sec. 12
nized or guaranteed because of t.hP. in the inherent dignity and worth
of every human person.
The value accorded to human dignity is measured b,y the exte.nt of
respect for human rights. In pursuit of this constitutional poli cy, it is the
duty of t he State to enact measures and develop programs that will pro-
mote human dignity and protect the people from any threat of violence or
use of force or deception for the purpose of exploitation.
1
This topic is discussed at length under Article III (Bill of Right.s) and
Article XII! (Social Justice ar..d Human Rights).
SEC. 12. The State r ecognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equaJly protect the life of the mother
and the life of the unborn ftom conception. The natural and
primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall
receive the support of the Government.
Strengthening the family as a basic
autonomous social institution.
The above declaration not onl,Y has given constitutional ba:sis to the family
as a basic autonomous social institution, but in addition, mandates the 3tate
t o recognize the sacredness of famqy life and to strengthen the family. (see
Art. XV. ) Under the provision, the government may not enact any law or
initiate measures that would break up or weak<m the family as a social unit, or
jn the guise of protecting the family, interfere in purely internal family
matters which do not involve the social or any public policy.
Our Civil Code lays down certain general principles which sustain the
r.olidarity of the famil y not or..Jy for the guidance of the courts and adminis-
trative officials, but also for their wl:olesome inauence upon t he members
of every family.
1
Right to life of the unborn from conception
and of the mother.
(1) Human lift is commonly believed. t.o begin from the moment of
conception when the female egg and the male sper_m merge at fer t ilization.
'The Anti 'l'r!l flicking in Act oi 2003'' 1 KA. :\1). 26,
trafficking in perl:'nm; especially women a nd chilrlr!Ht. Under the Ac. "trafficking in
rP.fers to the racruit ment, t.rnn;<;port.atiou, transfer, harboring or receipt. of ptlrsons for the
of cxploitntion which indudes prost itution, forced labor or services, or t.hc rcmo"<.!l
or s ale of or gan s.
:Articles 2Hi-2:l2 t.htm:of; 56-t)ll , 68, H915l, Family Code.
Sec. 12 ART. II . - DECLARATION OF PRINCIPLES
AND STATE POLICIES
State Policies
59
From that moment, the unbor n child is considered a subject or a possessor
of human rights. He has a basic human right to life which the State i$
mandat ed to protect, along with infants and children. (Sec. 12.) In short,
once conceived, a child has a right to be born.
The provision protecting the unborn prevents the possibility of abortion
being legalized by futur e legislation . It manifes ts the Constitution's re-
spect for human life.
( 2 ) The Stat e has sti ll another compelling i nterest aside from the r ight
to life of the unborn- t he healt h of the mother whose life it shall equally
protect. (Ibid. ) The sacrifice of t he life of the unborn when medically
established as necessary to save t he life of the mother is not abortion.
Rearing of the youth for civic efficiency
and development of moral character.
( 1) A duty both of parents and governmen t. - The common welfare of
society as well as the good of the individual depends t o a great extent upon
t he pr oper education and t r aining of children. The youth of t oday will oe
t omor row's cit izens. These cit i zens will be as t hey have been pr epared and
guided in t heir youth. The government, therefore, should equally share in
the i nherent right and duty of par ent s in the training of thei r children to be
good, useful, and worthy citizens by giving them support t o prepare their
children for future positions of r esponsibility and leadership.
2
(2) Right of State to interfere with educo.tion of children. - The above
provis ion must not, however, be int erpreted to mean thai , as in a totalitar-
ian State, t he children wi ll be consi der ed the property of the State. So. t he
State cannot by law compel t he parents to make their children accept
instr uct ion in public school s only. Such a law consti t ut es an unreasonable
interference with the liber ty of parents to direct the upbringing and educa-
t ion of children under their control. The child is not a mere creation of the
State.
The State, however, has t he power reasonably to regul ate all schools,
their t eachers and pupils; t o refJ.uire that all children of proper age attend
school , t hat teachers shall be of good moral character and pat!iotic disposi-
tion, t hat certain studies plainly essential to good cit izens hi p must be
2'J.'radit ional Filipino families have been charact cr iz<'d cln:;.- tics. The
of the 1-'ilipino family is slowly disappearing because of the- t cmpvr ;try or permanent.
of the pa rent s , with the father or the mother, or both. ha,:ng t <' work away fr om home. Thi s
pare ntal a bsenteeism has led the youth to turn to their pc:(r , <l r -borkada" for security and
guidance which they cannot enj oy in home. Ther-e l.> al;;o concern of the influence of
peen t ha t may lead children to j uvenil e delinquE'ncy Without t heir parents guiding them,
ma ny young people arc led to go a1:1 tray a nd to de,elop values and undesirable
behaviors. Both the church and i h"' ha,e important roles t<> play in inculcating
pos itive values and attitudes which wil l s trengthen thE' cha r acter of our youth .
60 TEXT !:lOOK ON THE PHI L!Pl'INE CO!"STITUTION Sec. 1:1
t aught , and that nothing be taught which is mani festly inimical to public
welfar c.
3
<See Ar t. XIV, Sec. 3r2l. l
(3 ) The State and parental obligations. - While the nat.ural U.e. , not
created by State law) and primary responsi bility for educating the child
rests in the family, t he State als o has a diEi tinct interes t in this matter
s ince a proper education - h umanisti c, vocat ional, moral, r eligious, civic
-is necessary for social. well-being. It is , t hP.r efore, the duty of t he State t o
see t hat t hese obligations are fulfilled by parent s rthrough such means as
compulsoty education laws), and t o supply the essential educational facili-
ties which private initiative is unable to fur ni sh.
(4) Duly of S tate to encourage educational inst it utions. -Viewed in
t his light, the Statf! should encouragt! r ather t han hinder t.he operation of
privat e and parochial schools so long as these schouls meet the secular
educational requirements which the government has the authority t o im-
pose.J
SEC. 13. The State recognizes the vital role of the youth in
and shall promote and protect the ir physical,
mora l, spiritual, intellectua l, and social well-being. It shall in
culcate in the youth patriotis m and nationalism, and encourage
their involvement in public a nd civic affairs.
Role ot the youth in nation-building.
The above decla ration is rel at ed to the pr eceding provis ion.
(1) Today's youth, more knowledgeable and i ntelligent. - The bulk of
our population is made up of youth, nearl y half of it comprising the \' t! r y
young people who <!re 15 years old or younger.
1
Compared to pre\iou;,:t
generations, today's younger cit.izenry are bet ter educated and far more
well-informed and articulate and politicall y cons cious. No than t he
Constitution r ecognizes this in the provision reducing t he \' Ot ing age from
21 t o 18. (Art.. V, Sec. 1.i
(2) Duty ofthe State.- The youth constitut e a rich r csen oir of produc-
tive ma npower. Recognizing thc!it vital role in shaping the country's des-
tiny, the Constitution l ends its s uppt)rt to the promotion of their welfare. It
is made t he constit ut ional duty of t he State to promot e and the
well being vf t he youth to enable t hem to develop phy.sically. morally,
spiritually, intellectually, and socia)}y, in a wholesome a nd normal man-
ner, and thus, transform them into healthy, upright. intelligent, and useful
citizens and potential community leaders. It s ha ll inculcate in the youth ,
3
Pien:e vs. Society of Sisters, 268 U.S. 510.
schmandt and St<inbicker, The Fu ndamentals of Government. The Bruce
Co., 1954 ed., p. 180.
' By definition, 11 young person is one who is between 1 and 30 years old.
AR'l'. JL- DECLARATION OF PRINC:JPLES
ANI.l STATE POLICIES
Shl.t< Polic'ie;;
61
patriotism and nationaliHm (Att. XIV, Sec. af.2J.), promote positive personal
and social values among them, and encourage their active involvement and
parlicipation (e.g., by giving them in public and civic af-
fairs2 (Sec. 13.J to the fuJlest extent pos:-;ible.
(3) 1oday'.'l youth, leaders. - By harnessing their enter-
prising spirit and progressive ideali::;m, young people can become effective
players in our collective effort to build a modern Philippines and, properly
trained and guided, will in time assume with dignity and honor the places
2
l'residential Det,retl No. 603 (Dec. 9. 1971), kn<)\\' 11 as the Child and Youth Welfar e
Code, lists the 1ights and rt-spon;,ibiliti es of c:hildnm, and specifies the rights, duties, and
liabili ties oftht- parent.!\ in the rearing of their children. (see Art . XV.) R.A. No. 8044 (June 7,
1995), otherwise kn\)wn as the in Nation-Building Act, creates a National Youth
Commist<ion io formulate and impl('ment. lllltional comprehens ive und coordinated program
for of youth in nation-building, a National Commission on Youth
tNYC) for the purpose. Pursuant to its mandate under R.A. No. 8044, the NYC formulated
the Youth Entrepreneurship Program 1YEP1 which aims to develop the entreprent!ural skills
of the }outh and encourng<:> them to pa rti cipat E' and organi:>:e hus incss Exec.
Order No. Mlii (Junt- 9, creates YEl' National Council that will oversee,
plan a nd coordinate th1: implementation of the YEP. ExN. Order 275 (Sept. 14, 1995i
create::: a committee for the special prot ection of thildren from a ll fo1ms of negh,ct, a buse,
discrimination and tlther conditions prejudicial to their development.
R.A. No. 8:no <Oct. 28. 1997), othcrwi.-e ktHlwn aR the Television Act of 1997",
establit>hl:'s a National Coundl fot Te\evH;ion iKCCT) with the function. a mong
other s, t< formula te together with t.h .. tt'lcvision broadtat indu;;t ry, a set of standards for
television progra ml> s hown duri ng child-viP.wi ng houl'8 3nd work cl<!';cly with the indus try for
the adoption and implementation of said :> la ndnrds.
R.A. No. 9l63 (Jan. 20021, emitted t he Service Training Program f::\STPi
Act of 2001." allows college students to choose among t.he pT(tgram's three :;t!rvicc compo
- "Reserw) Offict>rs' Training Corps'' (ROTC), literacy tr11i ning service, and tivic wei
fa re training service - ;; pccially de,;igned to t.mhance the youth's active contribut ion to the
gcnP.ral welfare. Nov.:. nsale aud female st udent.:; of any baccalaureate degrf\e course or at
t wo Y'!ar technical-vocational course;s in public and P.ducational will
be r equired t u complete one of t.he NSTP components as r equi "ilfl for gr aduation. The :"STP
is 8 program aimed a t enhancing !:ivh. cunsciousne,:;s and defense preparcdnes:;- in rhE' youth
hy dcvdoping the ethics of se rvice and while undergoing tn any of the-
three program componE-nt s.
The Reserve Officers ' Training Cl)rp.o is a program instit utimalizcd under :::ection.; 38
and 39 of RA. No. 7077 de-:;;igned to providc military to trl iar" !.:.:! in
order t.o motivate, tra in, organize, and xnohli ztl thHm for national defen:;!' pnpart:dncss. The
Department cf (DND 1 is directe d l,o funnulute and -.dopt ,, of l'.:>sistance
andiur to t hose who wi ll take t his tomponent . Tht ROTC made opt ional
by t he Act..
The literru:y training .Yt!rtice' is lo train s tudents to teachers of literacy.
a nd numeracy :;kills to schoolchildren, out -ufllchoolyoulh and of society. The
,ir.ic uel/'are training :>til'l!ice refers to programs or acti\'itit < .:lt to the general
welfnn:: and betterment oflifc for communi tic:; or t.he uf its facilitie$, especially
tho<>e devoted to improving health, education, cnvirc>n::lelit . .-rttrepreneurship, safety,
reation and rnol'al s of the citizenry.
The Commission on Higher Education !CHED a na T Education and Skills Develop-
ment Authority <TE:Sl)A) in c(m;;ul tation with : lw Phili ppine Association of State Univer
siti t>!.i Colleges Cwrdinat ing Count'il of Pri"ate Educational Associations (CO-
COPEAl and other concerned gowmlm('nt may de,:;ign and implement $uCh other
program components as may be in consonance with the provif'ions ofR.A No. 9163.
62 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 14
elders in the high councils of the nation. Our children are our hope;
they are our future -the nation's future in fact.J
SEC. 14. The State recognizes the of women in nation-
building, and shall ensure the fundamental equality before the
law of women and men.
Role of women in nationbuilding.
( 1) Proven capabilities of Filipino women. - Filipino women, past and
present, have proven their capabilities in all fields of human endeavor- in
private business, in the professions, in the arts, in education, in civic work,
and i n public service - even in positions of international leadership such as
in the United Nations and other international organizations. And Filipino
heroines who figured prominently in gaining our independence are not fe>v.
They fought with courage and dedication in t he struggle for Philippine free-
dom against a colonial master and, during the last. war, in the battles for
liberation against a forei gn invader. In the recent past, 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.
Today, Filipino women have been involving themselves in worthy causes
and activities of national concerns. 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.
1
They help shape a better fut ure for all Filipinos. It can safely
be said that the Philippi nes is well ahead of many other countries of the
world in terms of leaders hip roles of Filipino women both at home and
abroad. Many Filipinos stand out among the women of the world as being
especially educated, talented, and liberated.
(2) Expa.nsion of H'omen's role. - The Constitution gives recognition to
the role Filipino women have played and continue to play as partners in the
task of nation-building. They have a greater role in society today. They
cor:stitutt> more than one-hal f of the population, a powerful political and
economic force indeed in Phi lippine society. By sheer force of number
alone, it is only right that their voice be heard on matters a ffecting their
' The Local Govemment Codo t R.A. No. 7160, Chap. 10, Sec. 439. declares Dece mber 7
11 of every year a>< "Youth Week" to highlight the critiC'al r ole the youth plays in nation-
building.
Procl amation No. 521 {Dec. 1 i , 2003) declares the la,;t week of Februa ry of ever y year as
"Nat ional TOYM Week." Outstanding Young Awards which has been
instituted by the Junior of the Philippines \Jaycees' a voluntary,organization of
Young Fi lipinos "striving to build a better nation and to develop bette r citizens," s ince
October 15, Hl59." has not only become one of the country's most coveted a wards for young
men, but also an inlititution recognizing e xcellence in our young Fi lipinos, aged 18 to 40. The
TOYM Foundation made up of TOYM aw!\rdees seek to promote the ideals of leadership,
excellence, integrity. character and to the nation."
' Presid!H>t Corazun C. Aquino, 1986-1992 and President Gloria MacapagalArroyo, 2001-
prcsent .
AR'J'. H.- DECLARATION 01'' PR1NCII'U:S
AND STATE POLICIES
State Polici{!S
63
welfare and the country as a whole. It justice that they be given a
legitimate share with men in leadership and major process,
at all levels and in all spheres of hnman activity outside theh homes.
In pre-industrial societies, domestic work was assigned to who
were looked upon merely as men's helpmates and creative somces of
human life. The traditional view that the role of women is primarily child-
bearing and child-rearing and performing household chores should be
abandoned.
2
While the social rol<! of women as mothers and household
managers is recognized, the State should formulate to expand
women's participation in non-household and productive activities and thus
make them direct contributors to the country's economic growth.
3
(3) Equality with men before the law. - Men and women are funda-
mentally equal.
4
Yet positions of responsibility and authority continue to
be denominated by men. As a rule, women have narrower occupational
choices and have lower earnings than men. It is the duty of the State to
ensure that equality before the law in all aspects of n:1t.ionallife by rectify-
ing or ending all practices and systems that are disadvantageous to women
or against by rea::;on merely of sex where it is not a
rdevant factor in making a di::;linction.
In economic life, for instancP, the must promote and uphold the
equality of men and women in employment, terms of employment, opportuni-
ties for promotion, t.he practice of profession, the acquisition, control, and
disposition of their property, pursuit of busine1>s, etc. In certain situations,
they are entitled to special protection from tht> Statt!:
5
(.sl'f! Art. XIII, Sec. 14.)
SEC. 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
2
'fhe fact. is that. Filipino v.-onwn (ontribulf gn!<\Uy human d<>vcloprr.c-:1t in thE'
Philippines by the quantity and qu<tlity of work t-hey d.o at horne. Womml-PO\,tr i,; such a
lirnitleso; po(}l of intclJC'ctual that. enry nutio11 rannot afford !>: take for
g1ant.ed.
'Majority of the country's impoverished women Ji,e in the rural arrr,;.. Oi;:pendng
and employment opportunit.ie!'< in thel'e arE'a!:' and maximizin.: t:ducation and
t1'<1ining for t.hem to increase their effic-iency in activitil:':' a long way in
r;ducing povmty them and dcvcbpmq their ;n l ;v, open labor mar
kilt. Empow<rnwnt of Filipino \j;vmE'n is g+merally belit,ed to ;1!1 ll:lP<tCl only on those
who have been educaLLd.
'The means that ex<:E'pt for t.IJI:)ir phy,;ic:d dif"!t.>rnct.<. men cannot be
as a g<>ncral superior to wom+.!n.
advanc(!;; in many aspects of lif<:>. m.my Pli:'t':i .,f gcmdcr-hascd
persist and ofwn go unreported. It includE's any act tl:H in. or likely to result in
physicaL sexual or p,.:.ychological harm or t;_, including threats of such a-cts
or arbitrary depri vat.ion of liberty. Some of the ("llllntry;; more importa"nt laws that respond
to gender-based arc: c ll the !laras:.<mt!nt Law IR.A. No. 7H77.); (2) the
Anti-Rape Law (R.A. 1'\o. H:l53. !; (;lJ the R:.<pE:" Victim As;;i!:'tan<:e and Protection Act (R.A. No.
8505.); and (4J tht! Anti-Trafficking Law H A. :\o. 9028)
64 TEXTBOOK O:"l' THE PrtlLTPPlNE CONST!Tt:TION Sec. 16
Right of the people to health.
Wholisticall y defined, health is the state of physical, social and mental
well-being rather than merely the absGnce of physical di:>eases.
The State has the obligation to promote and protect the right of the
people to health. To better fulfill this duty, it must instill health conscious-
ness among the people.
This topic is discus:sed lengthily under Article XUI (Social Justice and
Human Rights), Soctions 11 to 13.
SEC.16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
Right of the people to a balanced
and healthful ecology.
Ecology is that branch of science that dealH wit h the study of the
interrelationships t1f living things (organis ms, pl ants and animal s! and
their environments. (s ee Art. XII, Sec. 3. J
(1) Causes of' environmental degradation. -The Constitution, in Sec-
tion 16, takes cognizance of the continuing degradation of the Philippine
environment whi ch has become a matter of national concern caused by
r apid urbanizai.ion (migration of peopie from rural area.;; to urban centersJ,
industrial growth, population expansion, na tural r esources utilization, the
us e of modern technology, and ot.her socio-economic factors, and conse-
quently, the need for at1 environmental protection program to prevent
further injury an.d/or damage to plant and animal life and property and,
more important, to protect human life, health and safety.'
( 2 ) Effect on quality of li fe.- Many people today are unable t<. live in
dignity as human beings because they cannot acquire the necessary food,
housing, health, sanitation and education as a result of the deterioration of
t he eJtvir onment. The quality of life of the people cannot advance unless
the living environment is nurtured and valuable natural resources are
protected and
'R..A. No. 87MJ 23, 19!)9/, otherwi;;e known ttl' U1e "Philippine Air Act of 1999,"
provides for a l'omprehon.sive air pollution control policy. H.A. No. 9003 !.Tan. 26, 2001}, other-
wise known as the "Ecological Solid Waste :'l-1anRgement A<t of 2000,'' provi des for a1 ecological
solid waste management p:-ogram, creates t he necessary institutional and iru;en
tives, prohibit;;, certain acts, anrl provides R.A. No. 9275 (March 22, 2004), otherwise
lmown as tho "Clean \V;1ter Act, provides for a comprehensive water management. program to
P?.. teet the country's water bodies from land- based sources of pollution s uch as industries,
mining, agricultural ope'rAtions, and community or household acthities. t o ensurP. the effective
utilization and conservation of the nation';; water and resources.
"The Philippines is an archi pelago. Some 7,000 isl 11 nds comprise thi::; beautiful country of
ours. &dies of water, river system;;, lakes, chains of mountains, and vokanoes are our country's
major features. 'Togethc. r with the coastal and marine areas, t hey v.ith Oora and fauna.
.l
/'
Sec. 16
.'
ART. H.- DECLARATION OF PRINCIPLES
AND STATE POLICIES
State Policies
65
(3J h>tween development and environment.- The ]essons
drawn from ecological studies in the United Nations show that politkal,
social, and economic growth and development are crucially dependent upon
the state of the human envir: .. For this reason, the improvement of
the quality of our envil'Onment should occupy a higher place in the scheme
of priorities of the goyemment..
The lore;;t covers of our country harbor 8,120 species offloweting plants (including
rare Waling-Waling and Cattleya nrchidsl, some 3,50:l species of indigenous trees (sut:h
as the world-famous Narra, Yakal, Molave, and Kamagongl, 640 species of moss, 240 species
and sub-species of mammals, and many more flora and fauna, Our count.ry's marine areas
harbor some 3,500 fish species our world-famous Tuna, Tanguigi). One square
kilometer of coral produces more than 200,000 tons of fish and other marine products
every year, Truly, our beloved Fhilipines de;;erves to be called the "Pearl cf the Orient."
Urbanization, industrialization, defore;;tation, and rapid population growt.h are some of
the major factors that contribute to the degradation and destruction of our environment and
its million;; of pricelesg denizens, Illegal logging and the kaingin system of farming have
denuded our forests- from '2(imillion hecta.-e;; a hundred years ago to 5A million hectares
today. Every hour, 63 hectares of fore1;t.s cleared.
Of the 44,096 square kilnmeters of roral reefs, almost 70'/c have been declared by th!:'
Bureau of Fisheries and Aquatic Resource:; as being in fair to poor condition.
Environment l'xpert.s, howev('r, are optimistic that these conditions can be anested and
our country':;; environrnent can be rehabilitated. Effective implementation of our count,y's
various environmental law,:;, recycling, proper waste disposal, and massive reforestation, can
promote such rehabilitation. (:\ianila Bulletin Bditorial, June 17, 2004,}
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
Sevmal factor:; haYe been cited as re;;ponsible for the growing threat to planet earth
and, therefore, to human and animal life on it. These include the build-up of carbon dioxide
and methane creating the of the greenhouse effect (due to pollutants from
increased combuEtion fossil fuP.ls. deforestation and burning forests) and the depletion of the
ozone layer which pose the danger of warming up, if not overheating, the earth and exposing
coastal areas to tidal waves wilh the melting of the polar ice, The release of "greenhouse
gase,;;," primarily carbon dioxide from the burning of fossil fuels, traps the heat and
prevents it from radiating hack into space. Scientists have documented an increase in
unreasonable weather, t.emperat.ul'e P.xtremcs, forest tires, altered rainfall and drought
patterns (which disrupt food and <>cvere storms and downpours. The re<:a;;nn for the
latter iB simple: as the atmosphere warms, it accelerates the evaporation of surfat( "at.;,r;:. It
al;;o expands the air to hold more water. So, when a normal storm occ\as, it in nuJre
intcn!;e rainfalL Warning also accelerates the breeding rates of disease-carrying
Overpopulation in developing CO)untries has also affected the envirunme:n. Protection of
the environment is a global issue and every nation is dutybound to !c.- own. In the
face of drastic of weather patte1ns around the world, global and
efforts are needed to help solve the growing hazards to the habitability of our planet for all
life forms. It is not hard to forsee the kind of political instahilitv and ;,ona I disorder that can
result from climatic in!;tability. -
All living creatures, including those found in the seas and oc-eans, are feeling the change in
climactic conditions and are trying to adjust hy moving or migratmg The Earth is reacting to the
weather changes, as seen in the shrinking glaciers. th(' sp'imng cof off the Antarctic ice
sheet, and the freak weathet phenomenon .such as El :\u'lo ar.d La Xiil.a, Fish are becoming
harder to find, their habitats being destroyd evm1 before tl:ey are old enough to reproduce. The
planet is losing plant and animal spt'('ies at a rate that has nor been seen for eons, 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.wide attention to the importance of sustaining the
environment and enhancing the political actwn to protect its lite-supporting features.
66 TEXTBOOK THE PH!LIPf>lNE CONSTITUTIOl"
::lcr ;;. 17-20
SEC. 17. The State shall give priority to education, science
and t echnology, arts, culture, and sports to foster patriotism
and n ationalism, accelerate social progress, and promote total
human liberation and development.
Priority to education, science and technology,
arts, culture and sports.
Thi::-; topic is discussed under Article XIV with the above subj ects as
title.
SEC. 18. The State affirms labor as a primary social economic
force. It shall protect thE' rights of workers aud promote their
welfare.
Labor as a primary social economic force.
This topic is discussed under Article Xl ll
1
Social and Human
Rights), Section 3.
SEC. 19. The State shall de velop a self-reliant and independ
ent national economy effectively controlled by Filipinos.
Self-reliant and independent national
economy.
Section 19 states the Co)n;stitutiona] guidelines in the development of
the economy: economic s!:!lf-reliance, independent national economy, and
effective Filipino control of the economy.
This topic i s di1;eussed in detail under Article XII (National Economy
and Patrimony), Section J.
SEC. 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investme nts.
Rote of the private sector in the economy.
In r ecognition of the jndispens able role of private sector as the
main engine of economic development, tht' S t a t e i s mandated to encourage
private enterprise and to provide incentives to needed investments, whether
local or foreign. The Constit ution does n'Jt favor an economy managed or
controlled by the State. Government is often con.:,idered a poor manager .
Controls breed corruption and discourage business. They play favorites,
thus discouraging those not favored.
Under the principle of subsidiary adoi-'ted by the Cons titution in the
above provision, the government should not engage in particular busi ness
Sees. 21-22 ART. II. -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. (see Art. XII, Sec. 6.) The government was
not established to engage in bu:)iness. The duty of the State is to make the
economy a system fot free and private ente1prise with the least govern-
ment intenention in business affairs.
This topic is discussed fully under Article XII (National Economy and
Patrimony), Sections 1, 2, 6, 10, 16, 17, and 18.
SEC. 21. The State shall promote comprehensive rural dev-
elopment and agrarian reform.
Comprehensive rural development
and agrarian reform.
"Comprehensive rural development" covers all phases of rural develop-
ment- economic, social, political, cultural, and even industrial.
This topic is discussed under Article XIII (Social Justice and Human
Rights), Sections 4 to 8 and Article XII (National Economy and Patrimony),
Section l.
SEC. 22. The State recognizes and promotes the 1ights of
indigenous cultural communities within the framework of na-
tional unity and development.
Rights of indigenous cultural
communities.
As used in the Constitution. the term "indigenous cultural communi-
ties" refers to those non-dominant groups
1
in our country which possess
and wish to preserve ethnic, religious, or linguistic traditions or character-
istics markedly different from the rest of the population.
2
Section 22 recognizes constitutionally the existence and the rights of
the indigenous cultural communities. It directs the State to promote their
rights within the framework of national unity and development. Thus, the
State is bound to consider the customs, traditions, beliefs and interests of
indigenous cultural minorities in the formulation and implementation of
state policies and programs. In a multi-ethnic society like ours, the above
'They c:onsist of about sixty-three (63) or tnbal gToup;; scattered throughout the
country from Batanes inhabited by lvatan tribe; lii Saranggani inhabited by Samals. About
half of the members of these group;; lu:>lon.,: :v :hE' )lu;;lirn group that dominates the
provinces of Cotabato, Lanao, Zamblanga. and Basilan.
2
See Committe,; on National Integration Report :\o. 1, Annex B-1, p. 1, Feb. 2, 1972,
1971 Constitutional Convention Pre;;ide:mial Denee No. 1414 (June 9, 1978).
68
TEXTBOOK ON THf<) PHTUPPI.NE CONSTITUTION Sees. 23-24
provisi on necessary in promoting the goal of national unity and devel op-
ment.3 (see Art. XVI , Sec. 12.)
Under the provision, the government may even enact laws especially
for them taking into account their customs, traditions, beliefs, and i ntel-
ests.4
SEC. 23. The State shall encourage non-governmental, com-
munity-based, or sectoral organizations that promote the wel-
fare of the nation.
Non-governmental, community-based
or sectoral organizations.
The State is required to encourage these organizations because recent
events have shown that, under responsible l eadership, they can be active
contributors to the political, social , and economic growth of t he country. 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.
This topic is discussed at length under Article XIII (Social Justice and
Human Righb; ), Sections 15 and 16 which categorically state the role and
rights of people's organizations as vehicles to enable the people to part.ici-
pate and intervene meaningfully and effectively in decisions which direL"t ly
affect their lives.
SEC. 2'1. The State recognizes the vital role of communica-
tion a nd information in nation-building.
'The Phi li ppinns, perhaps owing lto its nature, is as a,; nat ion in
the world. With several linguist ic it has a significant number of indigE'nous peoples.
In Mindanao, for ;..xample, th(' indigenous peoples are collective>ly call ed meaning
"horn of the earth." Asidt! from them. thi>rc are other l!thno-linguistic if' th(' \"s ay<ts
and Luzon, with the m'JSt being the pe-opleR of the Cordillc:ra wh._ :\re also
uted into v;tr ious subgroups. As a 1he indigenous commumti es pc>lirically 11 nd
economicall y marginalized, a condition that can be attribut"d tc: a host of factors , not the
least. of which is thei r lack of access to the :<ervice> re-q uired for their materi al sunivnl and
the improvement nf thl'\ir quality of life.
'Thus, in line with the national polil:y to faci!it<I.H: the integration >f the members of
indigenous cultural nH:llmunities and accelerate- the d' \ ,lopMent of the areas occupied by
them, the Civil Scrvi cn Commission is required by !a" . .: j,! i.-., special civil service examina-
tions to qualify them fur 11ppointmcnt in the civil tiervirc Pres. Decree No. 807, Sec. 23; see
Pres. Uet:rees No. H32 1125.) Consistent a lso wi th the spiri t of t he constitut ional
provision, t he "Code uf MJslim Personal Laws of the Philippines" the Rystem of
Filipino Muslim lnws, c:odifies Muslim laws, and provides for its itdministration among
(J'res. Decree No. 1083, F(\b. 4, 1977.) R.A. No. 8371 !Oct. 29, 1997J, known as the
Indigennus Peoples Hi ght.!:' Act of 1997 i_IPRAI, protects and promotm.; rights (particularly
over their ance;otral lands in communal (,wnership) of indigenous cultural communities and
the National on Indigt>nous People.
Sees. 25-26 ART. IJ.- DECL.-\RAT!ON OF PRINCIPL}:S
AND STATE
St at e
Vital role of communication and information
in nation-building.
69
Communication and information, U!-;t'ld above, include not only print
or broadcast media (radio and television) but als o motion pictures , adver-
tising, cabl e, telephone and telegaph.
1
Those of communication
designed to gather and convey ne\\'S or information to t he public are called
because they reach the mass of the people. (see Art. XVI, Sec.
11[1]. ) That t hey play a critical role in nation-building is very obvious .
(1) Formation of an enlightened c:i tizenr:y. - Mass media peo-
ple's thoughts and beliefs , their attitudes and va lues. In a country like the
Philippines composed of people with diverse cultures, they can be an effec-
tive instrument in promoting nat ional integration and preserving Filipino
values and t raditions. By educating the citizenry on important pubHc is-
sues, they also help create a s trong, vigilant and enlightened public opin-
ion so essential to the successful operation of a t'epublican democracy.
(2 I Promotion o(efficienc,'}' and economy in government. a.nd business. -
Infor mation and communication can be used to li nk our geographically
dispersed population and help effect fas ter delivery of educational, medi-
cal, and other public services in remote areas of the country. In a ny
organization, ready information maximizes elfkiency. Partjcu-
larly in busi ness, il reduces cost of production and services.
(3) Development of society. - On the mater ial side, it is difficult to
imagine a progressive country, in today's wn-:-ld of hi gh-tech computers,
internets, cyherc;pace and informat.ion highways, vvith antiquated commu-
nication a nd information structures. In the l f.Li>t few years, the world has
witnessed a steady stream of technological progress in this fie ld. The
Philippines must keep abreast of communicaLion innovations but a t t he
same ti me be selective and discriminating Lo insure t hat only "suit-
able to the needs and aspirat ions of the nation" !Ibid.; Sec. 10.) Hrr. adapted.
Utilized and mnnap.;ed wisely and efficiently, communication and informa-
t ion are very tools for the fH.:onomic, social , cul tural and political
devel cpment. of society.
SEC. 25. The State s hall ensur e the autonomy I go,ern-
ment s.
Autonomy of local governments.
This topic is in Articl e X (Local Gr.nernmr.nt l.
SEC. 26. Th e St ate sh all guarantee equa l access to opportu-
ni ties for public servi ce, and p rohibit political dynasties a s may
be defined by law.
1
1'elecommunication companie:; that mert>ly sl'ne all carriers lor tnm!'mitting spl:'cific
messngcs to specific addressees (.IT a re public u tili t.ies (Art . XII. Sec. 11. l, mt mass
media.
7() TEXTBOOK ON THE CONSTITCTION
Equal access to opportunities
for public service.
Sec. 26
This topic is discussed under Article VI (Legjslat.ive
Sections 4, 5, and 7 and Article X (Local Governmenti, Section 8. Addition-
ally:
(1) Limitation of terms of office. - The provisions li miting t he ter ms of
offi ce of elective officials (President, Vice-President, Senators , Representa-
tives, and local officials) enhance equal access to political opportunities
although they may not completely do away with the evils s pawned by
political dynasties that proliferated i.1. t he country in the past. With his
political and economic r esources, an elective official can have a close kin or
trusted foll ower run for t he same position and continue t o exercise control
through the latter. Hence, the need for a declaration expressly prohibiting
political dynasties.
(2) Prohibition of political dynasties. - 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 access t o opportunities for public
ser vice." It is not uncommon to have most of the top elective positions in a
province (or cityl down to the barangays occupied by one fami ly and close
relatives of t he fa mily members. Politicians form husband-wife teams, or
father-mother, son-daughter t eams and hold to elective posiLiC'ns for dec-
ades. The dominance of political families in the past not only kept more
deserving but poor individuals from running or winning in elections; it also
enabled powerful and affluent politicians to corner appointive for
their relatives and foll owers as if they alone are gifted wi th the ability t o
serve the country .
1
(3) Prohibition constitutionally mandated. - The law implementing
the constitutional policy shall define what constitutes political dyna3ties,
having in mind the evils sought to be etadicated and the! nted to ins ure the
widest possible hase for the selection of elective go\ernment officials re-
gardless of political, economic. and social status. that the State is
expressly mandated to prohibit dynasti es: ha:s no dis-
cretion on the matter except merely to spell out the meaning and scope of
the t erm.
1
'fhe multi-party system (see Art. IXC, Sec. 6.J is designed not only to guarantee wider
access to opportuni ties for public s crvicc but it is also meant t o do away with poli tical
dynasties as enunciated in Section 26, together with the te rm li mits imposed likewisP. by the
Constitution on elective public officials. (sec ArL. VI, Sees. 4. 1: Art. VII, Sec. 4; Art. X, Sec.
8.) As noted above, however, the members of the politi cal clan, because cflheir politi cal clout,
are th e ones who get elect ed, and those who ar A not elected, get a ppoi nted to high positions in
the nalional government.
Sec. 27 ART. ll.- DECLARATION OF PRlNClPLES
AND STATE POLICIES
State
SEC. 27. The State shall maintain honesty and integrity in
the public service And take positive and effective measures
against graft and
Honesty and integrity in public
service.
71
( 1) The perennial problem of graft and corruption. - In the Philip-
pines, every new administration since the postwar period has made a
pledge to eradicate graft and corruption in government. The popular per-
ception, however, is that this baneful ill has become more rampant and
sophisticated through the years. To be sure, the above provision was
incorporated in the Constitution because of revelations of "unprecedented
magnitude" of graft and corruption allegedly perpetrated by officials in the
drcle of the government during a previous regime.
( 2) Ways to attach problem. - 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. What is
needed is moralleadetship by example on the part of the top officials in the
government and a continuing, uncompromising, 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.
Having honest Presidents with the best of intentions is nni enough to
reduce corruption to minimal proportion. This perennial problem cannot be
solved by mere empty promises and congressional inquiries, but by prosecut-
ing without fear or favor and putting behind bars so-called '"big fishes'' found
to be involved as concrete examples of the government's determination to
achieve decency in the public ::;ervice.
Any campaign against this scourge of society will be made more effec-
tive if accompanied by a morality

(3) Need for honesty and integrity in public: service. - The ful fillment
of the constitutional mandate will go a long way in strengthening the
'Exec. Order No. 314 (April :10, 2004), a mended by Exec. Order No. 317 >June 8, 2004).
creates Prcidential Commi!!!don on Values Formation (PCVF), ht-tlderl h.\' the
as Chairper;;on. The PCVF "!'lhall serv<! a!; the lead agency by tho: governmt>nt may
work haud-in-hand wi th 1md the privat.e sector in Lh<: of a strung
foundation fnr moral value formation in the government burP<HH:racy. It ;;hall coordinate
with and support non-go, (:rnmcnt.al nrg:ltlizations and the pnvatr. sector in th<!
effort to <!r::tdicate from the governnumt hureaucracy. evP.ry fu.-m or manner of gr11ft and
corruption, patronage, pvlitics, apathy, factionalism and lack of
patriotism and to replace the same with honest public and love of country." The PCVF
is tmnsformed into an Ad Hoc Council on Values Formation ;AHCVFi with the President as
and t.he Secret.ary of Educati on Vice-Chairperson. The rest of the member-
ship (who shall ret.ain their character a:> privat< citizens withnut government remuner11tionJ
of the Council shall be of lay leaders as invited by the Presidt:mt. (Exec. Order No.
:l47, July 11, 2004. I
72 TEXTBOOK ON THE PHILI PPINE CONSTITUTION Sec. 28
people's trust in the government and its leaders. It will also ensure the
efficient use of t he meager resources available for national development.
This topic is further elaborated under Article XI (Accountability of
Public Officers), Sections 1 and 2.
SEC. 28. Subject to reasonable conditions prescribed by law,
the State adopts and implements a policy of full public disclo-
sure of all its transactions involving public interest.
Full disclosure by the State
of all its transactions.
(1) Duty of the State. - Section 7 of the Bill of Rights tArt. Ill.)
guarantees the people's right of information on matters of public concern
and access to records pertaining to official transactions of the government.
On the other hand, Section 28 requires the State to make public its trans-
actions without demand from individual citizens. It s tresses the duty of the
State to release the information.
( 2) Transactions covered. - The policy covers all State transactions
involving public interest, i.e., transactions which the people have a right to
know particularly those involving expenditures of public funds. The law,
however, may prescribe reasonable conditions for the disclosure to guard
against improper or unjustified exercise of t he right. The policy will not
apply to records involvi ng the security of the State or which ar'-! confiden
tial in character. (see Art. III, Sec. 7.)
The policy of full diclosure is in line with the constitutional mandate of
an open, accountable and transparent government. (see Art. VI, Sees. 12.
6 [ 4 ~

2D;Ar.t/VII, Sees. 12, 13[par. 1), 20; Art. IX, D-Sec. 3; Art. XI, Sec.
17.>f'Y'.--:' !v .
-- oOo-
Article Ill
BILL OF RIGHTS
Concept of a bill of rights.
be defined as a declaration and enumeration of a
privileges which the Constitution is designed to protect
agamst violations by the government, or by an individual or groups of
individuals. It is a charter of liberties for the individual and a limitation
upon the power of the State.
1
Its basis is the social importance accorded to the individual in a demo-
cratic or republican state, the belief that every human being has intrinsic
dignity worth which must be respected and safeguarded.
The new Constitution incorporates in Article Ill all the basic rights in
the former Charter. It also awards new rights to the individual. (see Sees.
8, 11, 12, 13, 18[1], 19.)
Classes of rights.
The rights that a citizen of a democratic may be classified
into:
(1) Natural 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.
Examples are the right to life and the right to Jove;
(2) Constitutional rights. -They are those rights which are conferred
and protected by tne Cot'iStitution. Since they are part of the fundamental
law, they cannot be modified or taken away by the law-making body; and
(3) S,tatutGry rights. They are those rights which are provided by
laws promulgated by tne law-making body and. consequently, may be
abolished by the same body. Examples are the right to receive a minimum
wage and the right to adopt a child by an unrelated person.
'See 1 Cooley 534-535: 3 Black, Constitutiona! Law. :3rc.l ed, pp. 9-10.
73
74 'T'EXTBOOK ON THE PHILTPPI:-. E CONSTITUTION
Classification of constitutional rights.
The human rights secured hy the Constituti on include social and eco-
nomic rights not just political and civi I rights. They are as follows:
( 1) Political rights. - They are such rights of the citizens which give
:-----...,...._
them tne power to participate, di r ectly or indirectly, in the establishment
or administration of the government.
2
Among these rights are the right of
citizenship (Art. IV.), the right of suffrage (Art. V. ), and the right to
information on matters of public concern (Sec. 7. );
(2) ()uil 1jgl]J.s. -They are those rights which the law will enforce at
the insta;-ceof private individuals for t he purpose of securing to them the
enjoyment of their means of happiness.;; They i ncl ude the rights to due
process and equal protection (Jf t he laws (Sec. 1. ); the rights against invol-
untary servitude (Sec. 18f 21.) and imprisonment for non-paymE.>nt of debt or
a poll tax (Sec. 20.); the constitutional rights of the accused I Sees. 11 to 22);
the social and economic rights (in.f'ra.J; religious freedom t Sec. 5 !: iiberty of
abode and of changing the same (S('<.: . 6. >:and the right again:;t impairment
of obligation of a contract . (Sec. 10.)
Freedom of speech, of expression, or of the press, the right of assembly
and petition, and the right to form associations (Sees. 4, 8.) are likewise
civil rights. However, they partake of the nature of political rights when
they are utilized as a means to participate in the government;
(3 ) Social and economic rights. -They include those rights which are
intended to insure the well-being and economic security of the
The right to property (Sec. 1. ) and the right. to just compensation for
private property taken for public use lSec. 9.) belong more appropriately
under this third category of r ights. They are also provided in t he articles
dealing with the promotion of social justice (Art. XIIU, the conservation
and utilization of natural (Art. XII, Sec. 2. ), and the promotion of
education (Art. XIV, Sees. 1. 2, 5[ 4, 51. ), :>cience and technology (Ibid., Sees.
10-13.), and arts and culture. ([bid., Sees. 17. 18. )
Political and civil rights can have meaning only if concrete mt>asures
are taken to breathe life and t.o social and economic rights which
include cultural rights;
4
a nd
(4) Rights of the accused. - They are the (civill rights intended for t he
protection of a person accused of any crime, like the right against unrea-
'-V<ra v;. . Avcl ino, 77 Phil. 221.
'lMalcolm & Laurel, op. r:it . il 378.
4
The concept of human rights do:Js not merely involve concerns but also encom
passes social and economic liberties or what advocates call "positive liberties" such as the
right to healt h care, education, sholter, and food, a nd other basic ;; ocial services which
require concrete action Rnd measures on the pa rt of the government e,;peciall y amid t he high
incidence of po\- ert.y in our country. (see Art. II, Sees. 9- J 1. > They arc as important, a nd in
some cases, even crucial than the other rights as thE.>i r long sta nding non-obervance
may bring about social unrest and political instability. if not violant r adical ism or revolution-
ary conditions.
ART. III. - BILL OF RIGHTS 75
sonable search and seizure, the right to presumption of innocence, the
right to a speedy, impartial, and public trial, and the right against cruel,
degrading, or inhuman punishment. The provisions (Sees. 11 to 22.)
ticularly and directly dealing with these rights are discussed subsequently.
State authority and individual freedom.
(1) State, an instrument to promote both individual and social welfare.
- The State, as an organization, exists to promote the happiness and
welfare of both the individual and the group of which he is part. It is not an
end by itself for the glorification of which the life, liberty, p1ope1ty, or
happiness of tl}e individual may in all cases be sacrificed. Neither is it a
means for the realization of the best life only by the individual for which
the group may at all times, if necessary, be staked.s LiberJ.y_.is....a...bJessing
is a not ... be madf._t.I.LPl'ev.aiLover.
because then. .wilLfalLinto anarchy.'; The doctrines of
[gis.sez faire and of unrestricted freedom of th!i! individual, as axioms of
economics and political theory, are of the past."'
The State in modern times is an instrument to enable both the indi
vidual and society together to attain their greater happiness, progress, and

(2) Conflict between individual rights and group welf'are. - Conse
quently, in some cases, the individual must yield to the group; and in other
cases, the group to the individual. It is for this reason that the Constitution
creates a domain of individual rights and liberties, which ilprotected from
encroachments whether by individuals or groups of individuals, and even
by the government itself. For the same reason, the Constitution provides,
expressly or impliedly, that i11 certain cases, when demanded by the neces
sity of promoting the general welfare of society, the government may
interfere with these rights and liberties.
9
(see Sec. 9.)
'#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, consistently with freedom. 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.nce of
ments from the beginning oftime.
10
The effective balanri:-1!; of the claims of
the individual and those.of the community is the essence. or the
sable means for the attainment of the legitimate aspirations of any
SJose M. Aruego, Phil. Government in Actiun '1962 ed. ' p. 81.
6
Calalang vs. Williams, 70 Phil. 720.
7
Rubi vs. Provincial Board, 39 Phil. 660
M. Aruego, op. cit., p. 81.
9
lbid.
10
Rubi vs. Provincial Board. 39 Phil. 660.
76 TEXTBOOK ON PHILIPPINE CONSTITUTION Sec. 1
cratic society. There can be no absol ute power whoever exer cis es it, for t hat.
would be tyranny; yet there can neither be absolute liberty for that would
mean license and anarchy.
11
On the judiciary, in appropriate cases, r ests primarily this all impor-
tant 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 t he larger interests of the community or the people as a whole.
In the exercise power of judicial review (see Art. VIII, Sees. 4, 5.), our
courts, ulti mately the Court, act as arbiters of the limits of
governmental powers especially in relation to individual rights .
.
SECTION 1. No person sh all be deprived of life, liberty, or
property without due process of law, nor shall any person b e
denie d the equal protection of the laws.
Meaning of due process of law.
Under the Constitution, a person may be deprived by the State of his
life, liberty, or property provided due process of law is observed.
But what. is meant by due process of law'? No exact definition has been
given to the expression , t he r eason being that t he idea expr essed t herein is
applicable under so many diverse conditions as to make any attempt at
precise definition impossible. For our purpose, however, we can safely say
that any deprivation of life, liberty, or property by the State is with due
process if it is done I J l under the authority of a law that is valid (i. e., not
contrary to the Constit ution) or of t he itself, and (2) after .
compliance with fair and reasonable methods of procedure prescribed by
law.
1
Aspects of due process of law.
Due process of law has, therefore, a two-fold aspect, namely:
(1) E_rocedural due process which efers to the method or manner by
which the law is enforced. n requires, to Daniel Webster's
famous (in his argument in the Dartmouth College case, 4 Wheat
518.), a procedure "which hears before it condemns. which proceeds upon
inquiry, and renders judgment only after trial. '" An indispensable requisite
of this aspect of due process is the requirement of hea.r.i1.1_g; and
(2) .!!bstantive due process which requires that the law itself, not
merely the procedures by whfchthe law would be enforced, is fair , reason-
"Ichong, et al. vs. Hernandez, et al., 101 Phil. 1155.
' De Leon and De Leon, Jr., The Fundamentals ofTaxat.ion, 2004 Ed., p. 26.
Sac. 1 ART. Ill. -BILL OF RWH'I'S 77
able, and. just. In other words, no person shall be deprived of his lifE',
liberty, or property for arbitrary reasons or on flimsy grounds.
Thus, not only what may be done by any government agency but also
how it may be done should sati sfy the requirements of due process in order
to. make the deprivation valid under the Constitution. It is only in a
totalitarian state that an individual may be punished for a crime or de-
prived 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.) i s
not observed.
Procedural due process.
(1) In judicial proceeding::;. - For the most part, procedural due proc-
ess has its application in judicial proceedings, civil or criminaL It requires:
(a) An impartial court clothed by law with authority to hear and
determine the matter before it;
( b ) Jurisdiction lawfully acquired over the person of the defendant
or property which is the subject matter of the proceeding;
(c) Opportunity to be heard given the defendant; a nd
(d) Judgment to be rendered after lawful hearing.
2
.Thus, there is a denia l of procedural due process where an accused has
been charged with an offense (e.g. , theft) and convicted of anothera (e.g.,
robbery).
Of course, the plaintiff has also a right to be given opportunity to he
heard on his claim.
(2J J n administrative proceedings. - Due process, however, is not
always judiciai process. In certain proceedings of an administrative char-
acter ,4 notice and hearing may be dispensed with, where because of public
need or for practical reasons, the same is not feasibl e. -Thus, an offender
may be arrested pending the filing of charges, or an officer or employee
may be suspended pending an investigation for violation of civil service
rules and regulation.
It is sufficient if opportunity is later given to the individual adversely
affected to test the validity or propriety of the admini strati\'e action on
appeal to superior administrative authorities or to the court. or both.
2
See B11nco Espaiiol vs. Pala nca, 37 Phi l. 921: v;::. Cayetano, L-37051, Aug.
31, 1977.
vs. Abad Santos, 78 Phi l. 774.
4
J.udicial proceedings arc those that are conducted cnur t s of justice, wh.ik.admifl
.i.stratil.ie prpceediru:s arc 'hose that are heaTd by bodies, agencies, or offices (e.g., National
La bor Relations Commission, Securitie:o and Exchange Commission, etc.) under the Execu-
tive Department or by the independent. G<>m;titut.ional Commission!! lsee Art. lX.), which aro
empowered to render decisions or in appropriate cases falling under their raspec-
tive jurisdictions.
78 TEXTBOOK ON THB PHI LIPPINE C:ONSTITl !TI ON Sec. 1
Substantive due process.
Viewed in its substantive aspect, due process of law requires that the
law in question affecting life, liberty, or property be a valid law, i.e., within
the power of the law-making body to enact and is reasonable in its opera-
tion.
(1) Thus, a tax which is imposed for a private purpose constitutes a
taking of property without due process as it is beyond authority of the
legislature to levy. (see Preamble.) 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. The reason is that tax can be imposed only for a
public purpose (e.g., construction of public school buildings, promotion of
science, payment of salaries of government officials and employees, etc.).
(2) Likew)se, the taking of property for private use or without payment
of just compensation offends substantive due process. (see Sec. 9, infra.)
Persons protected.
The term "person" in the above constitutional provision embraces all
persons within the territorial jurisdiction of the Philippines, without re-
gard to any difference of race, color, or nationality, including aliens.
corporations, likewise, are persons wi thin the scope of the
guarantee in so far as their ,property is concerned.
5
But not municipal
corporations (local governments) as they are mere cr eatures of the St ate.fi
Meaning of life .
..Lite, as protected by due process of law, means something more than
mere animal exis tence. The prohibition against its deprivation without due
process extends to all the limbs and faculties by which life is enjoyed.
1
Meaning of liberty.
Lib.er.tJ', as protected by due process of law, denotes not merely freedom
from physical restuint (e.g. , imprisonment). It also embraces the right of
man to use his faculties 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.
Liberty is not license or unlimited freedom to. act accor ding to one's
will. Thus, one may enjoy the liberty of speech, but he could not use it to
urge the overthrow of the government, or to defame another.
Bell & Cn. v !;. Natividad, 40 Pt.il. 137.
6
See Yick Wo. v;;. . Hopkins, 18 U.S. 3515.
'Munn vs. lllinois, 94 U.S. 13a.
Set. 1 ART. lli. - BILL OF RIGHTS 79
Meaning of property.
ProP.rty, as protected by due process of law, may refer to the thing
itsetf or to the right over a thing. The constitutional provision, however.
has reference more to th(l rights over the thing. It includes the right to own,
use, transmit and even to dcsttoy, subject to the right of the State and of
other
What constitutes deprivation.
-----.. -------.. ____ .w_ "' -
What the Constitution prohibits is the deprivation of life, liberty, or
property without due oflaw.
( 1 ) nf life. - It refers not merely to the extinction of
human existence It include$ the loss of any of the various physical and
mental attributes (e.g., limbs, oyes, brain, power of reproduction, etc.)
which man must have t o live as a human being. To be sure, some people
would prefer death to living without eyesight or as a bedridden invalid.
(2) Deprivation of' liberty. -To constitute deprivation of liberty, it is
not necessary that aftrson be detained or confined. Liberty need not be
l ost in its entirety. To the extent that one is unduly prevented from acting
the way he wishes to do, there is a diminution ofliberty. For example, a law
which requires every parent to send their chil dren 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. Such a law
deprives the parents of their liberty without due process oflaw. (see Art. II ,
Sec. 12, supra.)
(3) Deprivation of property. - With reference to property, it is not
Mcessary that it. be physically taken away from one entitled to it..-lffere is
also deprivation, when its value is destroyed or its adaptability to some
particular use, or its capability for enjoyment is impaired. Thus, there is
dP.privation of property without due process of law where the O\':ncr is
constrained to devote it, wholly or in part, to public use without compensa-
tion, as where carriers are required to furnish free transportation of per-
sons or goods under certain circumstances, or \.here the value of an exclu-
sive franchise (see Art. XII, Sec. 11.) is destroyed by government competi-
tion. (
Meaning of equal protection of the laws.
Equal protection of the laws !:iigni5es that "all subject to legis-
lation shoukl be treated' al iki; under like circumstances and conditions
both \n t he privileges conferred and liabilities imposed.::
Malcolm, Phil. r.onstitutional Law, pp. 324-:l:<>:-
Constitutional Law, 3rd cd., pp. 577-575. ,s. !vlanila Railroad, 22 Phil.
411; see Art. III, Sec. 9; Art. XJI, Sees. 3, 17, and lb: An. XIII, Sees. l, 4, and 9 which, among
consti tutionally limit the right to due proce:i<!> in property.
Cooley 824-825.
80 'l'EXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1
The guarantee does not require that persons or things different in fact
be treated in law as though they were the same. Indeed, inequality will
result if the law will treat them alike as when different net incomes (e.g.,
PlOO,OOO and PlO,OOO) are taxed at the same amount. What it prohibits is
class legislation, which discriminates against some and favors others when
both are similarly !'iituated or circumstanced. Thus, for example, 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, since they
are still "similarly situated," their places of residence being totally irrel-
evant to the amount of tax that Hhould be paid.
Reasonable classification permitted.
Where there arc reasonable grounds for so doing, persons or their
properties may be grouped into classes to each of which special legal rights
or liabil ities may be attached.
11
No violation is committed as long as the
classification is .reasonable, not .atibitrary or capricious. Thus, 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;
(2) certain professions (e.g., sumo \vrestling) are limited to persons of
t he male sex;
(3) certai n privileges for leaves and shorter hours of labor extended to
women (by reason of the physical structure and maternal functions of
women) are not extended to men;
12
(4) preference is l{iven to Fj]ipino citizens las against aliens) in the
lease of public market stalls;
1
a
(5) different professions are taxed at amounts;
14
and
(6) employment in factories of children under designated ages is pro-

Scope of the guarantee.
(1) The prohibiti on contained in the guarantee of equal protection (and
due process of law J tr. is a restraint on all the organs of the government and
1
:3 Willoughby 1937.
:
2
12 Am . Tur. 177-178.
i:JCo Chiong vs. Cuadcrno, Ha Phil. 242.

R.A. No. 7160 (Local Government Code}, Sections 139, 151.

Decree No. 442 (Labor Code of the Philippines I. as amended, Article 13.
1
6lo many cases, laws which have been held invalid as denying due process oflaw have ah;o
been held All denying equal protection ofthc laws or r;ice Both guarantees provide for broad
standards of fairness but where arbitrary gov<!rnmental action takes the form of unwar-
ranted partiality or undue favoritism, it is more appropriate to impugn such act on the ground of
denial of equal protecti ()n. I see 3 Willoughby 1929. l
Sec. 2 ART. III. - BILL OF RIGHTS 81
on the subordinate i nstrumentalities and subdivisions thereof, and on the
t hree inherent powers of governments, i.e., police power, taxation, and
eminent domain;
17
(infra.)
(2) The guarantee is available to a11 persons. Aliens are thus includPd;
so are pl'ivate corporations in so far as their property is concerned.
18
But
r.n_unicipal corporations, bei ng a creature of the State, cannot invoke the
protection;
(3) ILdoes. rurt. _exteruLt.o .. righis...w.hich The State is not
prevented from restricting the enjoyment of political privileges (e.g., right
to vote) tO such classes of i tl'l citizens as it may see fi t; and
(4 ) It is also not intended to enforce social equality. While all persons
are equal in worth, they are not equal in all things, (see Art. XIII, Sec. 1. )
SEC. 2. The right of t he people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shaH be invio-
lable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined per sonally by the
judge after examination under oath or affirmation of the com-
plainant and the witnesses be may produce, a nd particularly
describing the place to be searched and the p ersons or things to
be seized.
Meaning of search warrant and warrant
of arrest.
(1) A search warrant is an order in writing, issued in t he name of t_he
People ofth.e signed by a judge and directed to a peace officer,
commanding him to search for certain personal property and bring it M ore
-
t he court.
1
(2) If the command is to arrest a person designated, i.e., to take him
into custody in order that he may be bound to answer for the commission of
an offense, the written order is o{arrept.
2
Scope of the protection.
( 1) . .?ersons. -The protection applies to everybody, to citizens as well
as aliens in the Philippines, whether accused of crime or not. Corporations
are also entitled to the protection.
17
People vs. Vera, 65 Phil. 56.

Bell v!:l. Natividad, 110 Phil. 136. (see 3 Will oughby \929.)
1
See Rules of Court, Rule 1 26, Sec. 1.
See Ibid., Rule 113, Sec. 1.
TEXTBOOK ON THE CONSTTTUTION Soc. 2
(2) Houses. - - The protection is not limited co dwelling houses but
extends to a garage, warehouse, s hop, store, office, and even a safety
deposit vault.a It does not extend, however, to the open spaces and
belonging to one.
4
(3) Papers and effect. - They include sealed letters and packages in
the mail which may be opened and examined only in pursuance of a valid
search warrant.:>
When search and seizure unreasonable.
In general, all illegal a nd seizures are unreasonable while
l awful ones are r easonable. A search or seizure made without a search
warrant is not necessaril y illegal , and one made under a search warrant is
not necessarily legal.
What constitutes a reasonablf! or unreasonable search or in any
particular case is a question (i. e., only courts are empow-
ered t o r ule upon), determinable from a consideration of the circumstances
involved.
""Requisites for valid search warrant
or warrant of arrest.
They are:
q) lt must be issued upon probable
The probable cause must be determined per!'lonally by the judge
himself;fi
(3) Such determination of the exjstenct- c.f probable cause must he
macte after examination by the judge of the comp!ai nant and the wit nessr>s
he may produce; and
( 4) The warrant must partit:ula rly describE- the place t o be :::earched,
and the persons or things to be seized.
The law prohibits the issuance of a seal'ch warrc.nt fur more than one
:specific offense.
7
3
56 c .. J. 1166.
' He::.t cr ,., .United States. 205 U.S. 57.
'Ex Parte Johnson, 96 U.S. 727; sec Sec. all).
';Only the judge C!lll validly determine the existence of probable cause for the issuance of
a war rant of a rrest or search warrant and he must $0 det.e:-mine per;;onally.
7
Rules (If Court, Rule 126, Sec. 3. Such as 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; latntes. t hen, more than one could arise from the
activity designated. (C1 stro vs. P;lba.lan, L-281i42, April 30, 1976.)
ART. III.-BILL OF RIGHTS
Meaning of probable cause.
By is meant such facts and circumstances antecedent to
the issuance of a warrant sufficient in themselves to induce a cautious man
to rely upon them and act in pursuance thereof.
8
It presupposes the introduction of competent proof that the party against
whom a warrant is sought to be issued has performed particular acts, or
committed specif'ic omissions, violating a given provision of our criminal
laws."
Sufficiency of affidavit upon which warrant
is. based.
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.
Thus, where it was shown that in the application sworn to, the affiant
made his own personal inves tigation, and testified that at his own knowl-
edge, he knew t hat the accused was lending money without a license,
char ging us urious r ates of inter est , and was keeping and using books of
accounts and records rela tive to his activities as money lender, his affidavit
was considered sufficient for he could be liable for perjury if the facts
turned out to be not as stated under oath.
10
'fhe affidavit is .insufficient if it is based on mere information and
belief, or on mere hearsay .
11
Sufficiency of description.
(1) - A description ofthe place to be searched is sufficient if t he
officer with a search warrant can. with reasonable effort , ascertain and
identify the place intended. Thus, it has been held that the description of
the building to be searched as "building No. 123 Rizal Avenue, Manila .. is a
sufficient designation of the premises to be searched.
12
(2) Person. -As a rule, a warrant of arrest for the apprehension of an
unnamed party upon whom it is to be served is void except. in those cases
where it contains a description of the person or such as will enable the
officer to identify the accused. Accordingly, in a case where the search
warrant stated that John Doe (used when the name of the person is
unknown) had gambling apparat us in his possession in t he building occu-
"Al va rez vs. CFI, 66 Phil. 33; U.S. vs. Addison. 2H PhiL :36o.
Chemise Lacoste If>'. FernAnde:.: , 129 SCRA :l7J. :21. 1984; Stonehill vs. Diokno,
?,() SCRA :383, June 19, 1967. degree of proof i>- lower than prima facie. (see Sc. 14[2];
Art. XVlll , Sec. 26, par. 2.)
l"Yec Sue Koy vs. Almeda, 70 Phil. 141.
vs. CFI. 64 Phil. 3:3.

vs. Veloso, 48 Phil. 169.


84 ON THE PHILIPPINE CONSTITUTION Sec. 2
pied b.v him at J 24 Calle Arzohi spo, City of Manila and as this John Doe
was .Jose M. Veloso, the manager of the club, t he police could identify John
Doe as Jose M. Veloso without diffi culty.
1
:
1
(3) Property. - - The description of t he property is required to be spe-
cific only in so far as the circumstances will ordinarily allow. It has been
held t hat where by th8 natme 1>f t hE:! property to be seized, the description
mul::l t be rathet:general, it is not r equi red that a technical description be
given as thiR would mean no search warrant could issue. Thus, in a case,
the dc::; cription "that there are being kept in said hooks, receipts,
lists, charts and other used by him in connection \Vith his acti vities
as money lender , charging <1 usurious rate of interest, in violation of the
law" was s ufficient because the omcer of t he law who executed
the wanant was thereby placed in n poRition enabling him to identify the
articles, which he did. l-1
But: a search warrant which described the effects to be searched as
"financial records, vouchers, x x andior t ypewriters ::;howing all business
transactions including disbursements, recei pts, balance sheets and related
profits and loss s tatements" was held invalid as it authorized the seizure of
records pertaining to all busin.es.-; transactions of the persons named r e-
gardless of whether the t ransactions Wf!re legal or illegal. It is a general
warrant because it not particularly describe the things to be seized. 1o,
Right against unreasonable search
and seizure, personal.
(l i Thl:' legality of a scMch and seizure co n be contested only by the
party whose ri ghts weye involved. Con6equently, one who is not
the owner, or Ia wfu 1 occupant. of premi ses searched rais e t he
question whether has been an unlawful search or seizure,
1
"
(2) Without a prope1 search warrant (see requisites), no public official
has the right to enter premises of another without his consent for t he
purpose of sean:h and ;;eizure. It. does not admit of doubt, therefore, that a
search or seizure cann()t be considered as u n..reasonable a nd thus offensive
to the Constit. nt. ion if consent be shown . . For this immunity from unwar-
ranted intrus ion i!' a per sonal right which may be waived, either expressly
or implied1y.
17
1/; id.
" Alvarez Cf.' J, 64 Phil. :35; People vs. Rubio, 57 Phil.
'\Stonehill Diokno, 20 SCRA June HJ, 1967. It ha,: bee n held that the requiRite
ao; t.o a panir1tl ar description () { t.hc thi ng:; tn. be sc iJ.!:! d wa;; not complied with hy a search
warrant is:;ucd for ' !lar coti c!i a nd othnr w ntrahand" liS they may comprehend any personal
property. ii<E:'t Ca!ilro ''' Pahal,. n. L2HH12. April 30, 1976.;
'"Sci' 47 Am . Tnr. 50B.
' '
1
Lopwl ,s. Conun. l>f Cu!'-t <Hns. L27968, Dec. ;l, 1975.
Sec. 2 ART. 111.- BILL OF RIGHTS
be

In the following instances:
(1? Where there is consent or waiver;
18
(2') Where search is an incident to a lawful arrest;l
9
/
85
(3) In the case of contraband or forfeited goods being transported oy
ship, automobile, or other vehicle, where the officer making it has reason-
able cause for believing that the latter cont ains them, in view of the
difficulty attendant to securing a search warrant;
20
(4-( Where, without a search, the possession of ar ticles prohibited by
law i.s disclosed to plain view or is open to eye and hand;
21
(5)' As an incident of ins pection, supervision and regulation in the
exercise of police power (see Sec. 9.) such as inspection of restaurants by
health officers, of factories by labor inspectors, etc. The same thing may be
said of inspection of books of accounts by revenue cxaminers;
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.
23
\!h.e.n ma_y: be made without warrant.
A peace officer or priva te person .may, without. a wanant, arrest a
person:
U) When, in his presence, the person to he arrested has committed, is
actua lly committing, or is attempting to commit. an offense;
When an offense has in fact just been committed and he has per-
sonal knowledge of facts indicating t hat t he person to be a rrested has
committed it; 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, or has escaped while being
transferred from one confinement to another.
24
The accompanying search and seizure of the effect s (e.g., stolen goods)
or instruments (e.g., gun, knife) of the crime shall also be lawful although
done without a search incident to_ajawfuLarrest.
16
People vs. Malasugui, 63 Phil. 223.
19
Alvaro vs. Dizon, 76 Phil. 837; Rules of Court, Rule ll a.
wr..1 agon<'ia vs. Palacio, 80 l'hil. 770.
2
'State vs. Quina, 97 S.E. 62.
2
2
See Can don vs. Blait, 48 F. 2d 648.

47 Am. Jur. 513-515.


of Court. Rule 113, Sec. 5.
86 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser.. 3
SEC. 3. (1) The privacy of communication and correspond-
ence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise as prescribed by
law.
(2) Any evidence obtained in violation of this or the preced-
ing section shall be inadmissible for any purpose in any proceed-
ing.
Meaning of right of privacy.
r.tghJ is concisely defined as the right to be left alone. It .
has also been defined as the right of a person to be free from undesired
publicity, or disclosure and as the right to live without unwarranted inter-
ference by the public in matters with which the public is not necessarily
concerned.
1
Basis and purpose of the provision.
( 1) The right to privacy is considered as belonging to that class of
rights which every human being possesses in his natural f.;tate and which
he does not lose or surrender by becoming a member of organized society. 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.
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.
(2) By the above constitutional provision, there is an express recogni-
tion that persons may communicate and correspond with each other with-
out the State having a right to .J!!:Y.into such communication and corre-
spondence2subject to the ever pervading police power ofthe State. (see Sec.
9, iit{ra.) Letters and messages are usually carried by the agencies of the
government and unless adequate safeguards are provided for, their privacy
may be eventually violated and great harm inflicted upon the citizen as a
result.
3
Relationship with right against unreasonable
searches and seizures.
The constitutional provision on the right of. privacy complements or
implements the security of the citizen against unreasonable searches and
seizures. The right is but an aspect of the right to be secure in one's
person.
4
'See 41 Am. Jur. 925.
2
Taiiada and Fernando, op. cit., p. 260.
3
Laurcl, Political Social Problems {19a8), p. 59.
Material Distributors, Inc. vs. Natividad. 84 Phil. 127.
Sec. 3 ART. ITT. - BILL OF RIGHTS
It has specific reference to forms of communication <e.g., telephone,
radio, etc.) while the latter is directed primarily against search oftangi.ble,
material objects, his person, houses, papers, or effects. Thus, it is violative
of the guarantee given by the privacy provision to admit evidence obtained
by tapping of the telephone wires,
5
or through the use of a detectaphone.
6
Here, there is no taking or seizure of tangible and material objects.
7
The
evidence is taken only through the sense of But the technique
employed likewise constitutes ''search and seizure" under Section 2.
9
t"umitations on the right.
The right is not violated when the interference is made:
(_1) Upon lawful order of the court; or
(.2') When public safety or order requires otherwise at; prescribed by
law. (Sec. 3[1].)
The first limitation mu!:lt be interpreted in the light of the require-
ments for the issuance of a search warrant. (supra.) The second limitation
means that the right is subject to the police power of the State (see Sec. 9.),
and in this case, the intervention of the court is not essential. The judicial
process is slow. Thus, while the judge is contemplating his decision, the
"objectionable" materials may already be causing damage that could easily
have been averted otherwise. However, 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.
10

(1) l.Iw1imissi.ble. - Any evidence obtd'ined in violation of the right
against unreasonable search and seizure and the right to privacy of com-
munication and correspondence is for any purpose in any
proceeding (Sec. 4[2). ), judicial or administrative.
(2) --The reason for the inadmissibility of evidence competent
as such, which has been u.nla.w.fully acquired, is that its exclusion the
only practical way of enforcing the constitutional guarantees. The action
tor damages against the erring officers, their criminal punishment, and
such ot.hcr remedies as may be provided by law, do not. always afford
sufficient protection against their violation .ll
' See Olmstead vs. U.S. , 277 U.S. 438.
A device with a receiver so delicate that when placed agai n:<l a J)llrti lion wall it could
pick up !>Ound wave:; originating in another room.
;Sec Goldman vs. U.S., 316 U.S. 29.
Republic Ad !\"o. 4200 19, 1965.) nnd other related viola-
tions of the privacy of <'ommuni cation.
Katz vs. U.S., 389 U.S. a47.
"lf-ior. Lukban v;;. Villavicencio, 39 Phi.!. 778.

St.onehill vs. Diokno, L-19550, Jnne 19, 1967.
88 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 4
~ ~ ) Right of owner. - Since evidence obtained illegally is not admissi-
ble, the owner has a right that the articles seized be return!!_d, unless they
are in themselves prohibited or forbidden by law such as illegal drugs,
unlicensed firearms, etc.
SEC. 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress
of grievances.
Meaning of freedom of speech, of expression,
and of the press.
The constitutional freedom of speech and expression, and of the press,
otherwise known as the freedom of expression, implies the right to freely
utter and publish whatever one pleases without previous restraint, and to
be protected against any responsibility for so doing as long as it does not
violate the law, or injure someone's character, reputation or business.
It also includes the right to circulate what is published.
Scope of freedom of expression.
The constitutional guarantee of freedom of expression includes the
specific guarantees of free speech and free press, the rights of assembly
and petition, the right to form associations or societies not contrary to law,
and the right to religious freedom.
Scope of terms "speech," "expression".
and "press."
( 1) "Speech" and "expression'' include any form of oral utterances.
They cover picketing for by it one silently expresses what he has in mind,
display of a flag, and salute to the flag. They also embrace expression by
means of motion picture.
(2) The "press" covers e,ery sort of publications: newspapers, period-
icals, magazines, books, handbills, leaflets, etc. Radio and television as
instruments of mass communication may also be included within this term.
Importance of the guarantee.
(1) Promotes growth ol the indiuidual and the nation. -If man is not
free to communicate his ideas to others, not only 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. And unless indi-
viduals are at liberty to discuss the various issues that confront the com-
munity, the government, and the whole web of social relationships, the
search for truth and perfection is impeded.
t;M
Sec. 4 ART. III. - BILL OF H.lGHTS
89
Freedom of expression is, therefore, an inalienable human right that
flows from t he very nature of man. As such , it must be nurtured and
protected by t.he State.
1
Without the right, the full and proper growth of the
individual, nay, the nation is invariably stunted.
(2) Makes possible, scrutiny of acts and conduct of public officials. -
"No one can doubt the importance of the right: (a) to canvass the acts of
public men and the tendency of public measur es, (b) to censure boldly the
conduct of rulers, and (c) to scrutinize the policies and plans of the govern-
ment. If we would preserve [this right], public opinion must be enlightened;
political vigilance must be encouraged."
2
(3) In.c; ures a respon.c;i ue and popular government. - It is only through
free debate and free exchange of ideas that a government respon-
sive to the will of the people and peaceful change is effected.
3
The people
must be able to voice their sentiments and aspirations so that they may
become active participants in the political process (i.e., public discussions,
referenda, initiatives, recalls, plebiscites and elections) as well as in na-
tional development.
Freedom of expression not absolute.
The right of freedom of speech and of the press is essential to the
preservation and operation of a stable demO<:racy; but even this right is not
absolute at a ll times and under all circumstances. It is always subject to
some regulation by the State in order that it may not be injurious to the
r ight of the community or society; and this power may be exercised under
the police power of the State to promote or protect the public welfare .
......
Any one who slanders or libels another may be penalized. Furthermore,
"lewd and obscene" speech is not entitled to constitutional protection nor
are "fighting words," words that by their very utterance injur e and provoke
others to attack. 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.
Seditious speeches are also outside the protection of the Constitution.
Were the right to free speech absolute, he cannot be prosecuted for he
would only be exercising his freedom of speech.
Abridgment of freedom of speeCh
and of the press.
The abridgment of liberty, however, 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. This is known as "the clear and
How substantial the danger must be and trnmediate
the evil results, depends upon the nature of t he interest t hreatened.
'Schmandt and Steinhicker, op. cit ., pp. 16:1-164
2
Taiiadll. and Fernando, p. 313, citing Story.
3
Do J onge vs. Oregon, 299 U.S. :3fi:i .
90 TEXTBOOK ON THF; PHTLIPPJN.E CONSTITUTION Sec. 4
For example, persons di stributing handbill s announcing a public meet-
ing may not be denied the to do so merely because there is a clear and
present danger that the streets will become cJuttered. A town or city has
the right to keep its streets clean. but the interest in clean streets does not
justify suppression of spee<:h.
On the other hand, a conspiratorial group may be punished for publicly
advocating violent overthrow of the government, even though the likeli-
hood of such an overthr ow is remote. The interest in preserving our gover n-
ment against violent overthrmv is more substant ial t.han that in keeping
streets clean. The former justifies restri ctions :. :m speech even when the
danger is remote, whereas the latter docs not justify restriction even when
the danger is immediate.
4
But where the seditious words do not pose a clear
and present danger t.o the State as when they were uttered before a group
of old men and women, the utterances may not be punishable.
Meaning of right of assembly and right
of petition.
(1) The. r.igh.t of_q.J>Sfa_n_Q(y moans the right on the part of the citizens t.o
meet peaceably for consultation in respect to public affairs.
5
(2) The right. of_.peti.ti.fm means t he r ight of any person or group of
persons to apply, without fear of penalty, to the appropriate branch or
office of the government for redress of grievances.
6
Relationship with freedom of speech
and of the press.
The right to assemble and the right to petition are necessary con-
sequences of our republican institution and the complement of the right of
fr ee speech.' All these rights while not id ent ical, are cognate and insepara-
bl e.8
As in the case of fret:'dom of speech and of the press. the rights of
assembly and petition include at the very least, immunity from previous
restraint and against any subsequent punishment. for t hl'i r exercise except
that it may be restrained or interfered with when thfre is a clear and
danger of a substantive evil that the State or go\ernment has a
right to prevent under jts police power. (see Sec. 9.1
"'S('e Corwin and Pel1a:::on, l:nderslanding ConAilution, p. 121.

Public .Assombly Act. <B.P. Blg.,880.) defines guidtl ints whereby local officials may
grant pct'mits for ralli<:s. A city rn town rnayior can approve or o"lj('ct a petition to hold a rally
three days befoye it is scheduled. Every re,iedion must be accompanied hy a written explana-
ticn. Petitioners may app .. al the 1.11 the l'Ottrts. which have :24 hours to decide it. A
mayor has 48 hour:; to makf! tht deeision.
vs. Bu!\tfls, 37 Phil. nJ.
' Ibid.
' 16 Am . Tur. t379-68(l .
Sec. 5 ART. III.- BILL OF RIGHTS
91
It has been held that any !'ltatute or ordinance authorizing an adminis-
trative official at his own di1u:retion to grant or refuse a permit for the use
of streets and other public places for processions, parades, or meetings,
there being no standards required of said offi<.:ial to follow in deciding
whether to grant or use s uch a permit, is a violation of the right of
assembly. Under our democratic society, no such unlimited and unregu-
lated power may be validly granted.
9
SEC. 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exer-
cise and enjoyment of religious profession and wotship, without
discrimination or preference, shall forever be allowed. No reli-
gious test shall be required for the exercise of civil or political
rights.
Meaning of religious freedom.
The constitutional guarantee of religious freedom is the right of a man
to worship God, and to entertain such religious views as appeal to his
individual conscience, without dictation or interfer ence by any person or
power, civil or ecclesiastical.
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.
2
Meaning of religion.
in its broadest sense, includes all forms of belief in the
existence of superior beings exercising power over human beings and
impoBing rules of conduct with future state of rewards or punishments."
It has 1eference to one's views of his relations to his Creator , and to the
obligations they impose of reverence to His being and character and of
obedience to His will.
4
Aspects of religious freedom. !_;
As guaranteed by the Constitution, religious freedom two aspects,
namely:
,().) The separation of Church and State secured in the fi r st sentence of
t haprovision; and
0
See Primicias vs. Fugoso, SO Phil. 71.
116 Am. Jur. 648.
2
Cantwell vs. Connecticut, 310 U.S.

Aglipay vs. Ruiz, 64 Phil. 201.
92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 5
(2) The fr eedom of religious profession and wor ship, in the second
sentence of the provision.
The first aspect i s discussed under Article II, Section 6 (supra.) which
declares t hat "the separation of Church and State shall be inviolable."
Freedom of religious profession
and worship.
It bas two aspects, namely:
(1) EI:u.do.m to .belieqe i n a religion.. - Everyone has absolute right to
believe whatever he wishes. A state may not compel a religious belief nor
deny any person any right or pri vilege because of his beliefs or lack of
them. It cannot inquire into the truth or vahdity of a religious doctrine.
The theory is that a religious belief by itself cannot in any degree affect
public interest; and
(2) F..r.eedam J.Q qct in accordance u:ith such belief -The r ight to act in
accordance with one' s belie{ is. iiot .. and cannoCb'e absolute. Conduct re-
_,.. --.. ---.,
mains subject to r egulation and even prohibition for t he protection of
society.s Religion may not be used to justify action or refusal to act incon-
sistent with the public safety, mora ls, or general welfare of society,
or violative of the :t'hus, no one has a right t o refuse to defend
the country in time ofwar, .to refuse to pay taxes, or to practice polygamy,
o-r to invade the right of others even in the name of religion. Persons may
resort to prayers for the healing of the sick but this religious right may not
be fraudulently used as a cloak to engage in heali ng for commerci$1.} pur-
pose using prayer and such religious rites as a curative agency.
6
, I t has been held, however , t hat it is violative of r eligious fr eedom to
compel one to salutfl the flag, sing the national anthem and recite the
patriotic pledge, during a flag ceremony on pain of being dismissed from
one's job or of being expelled from school, when these are considered as
" ru:ts . .af . .Yl.P.r,h.ip" or "religious .devotil:m'' to an image or idol which are
contrary to his religion.
7
Dissemination of religious beliefs.
The constitutional guarantee of the free exercise and enjoyment of r eli-
gious profession and worship carries with it the right to dissemi nate r eli-
giou:s beliefs and information. The right to believe a nd to worship would be
incomplete wi thout the constitutional right to shate one's views with oth-
en and to seek to win them to one's faith, by giving analysis of contrary
views and by solicitation of financial assistance in carryi ng the truth to
others.'
sSee- Car.twe:l ,-s. Connecti cut. 310 U.S. 296.
See People , .3. Dit>l. (CAl 44 O.G. 590, Aug. 22. 1947.
' Ebralinag ,., . Di 'ision Superintendent of Schools of Cebu, 219 SCRA 256 (1993 ).
;Cooley. p. 96;}
Sec. 5 ART. lll. - BILL OF RIGHTS 93
Any restraint on the right to disseminate religious ideas and informa-
tion can only be justified (like other restraints on freedom of expression,
supra.) on the ground that there is a clear and present danger of any
substantive evil (e.g., disruption of public peace) which the State has the
right to prevent.
9
To provide public officials, for instance, with discretion-
ary power to grant or withhold pe1mits for distribution of religious publica-
tion would be abridging freedom of religion (and of the press, and of
speech).
Any infringement of religious freedom may be justified only to the
smallest extent necessary to avoid grave danger to public welfare and
security.
10
License fee or tax on sale
of religious articles.
(1) Permission or condition for exercise of right. -The right of a person
to believe carries with it the right to disseminate his beliefs. The imposi-
tion oflicense or permit fees on the sale or peddling by a religious organiza-
tion of religious literature and other materials from house to house, con-
ducted not for purpose of profit, would impair t he constitutional guarantee
of the free exercise and enjoyment or religious profession and worship.
11
The right to peddle religious information is similar to the right of the priest
or minister to preach a sermon in his church.
12
As a license fee is fixed i n amount and has nothing to do with the
r eceipts or income of the taxpayer, such fee, when applied to a r eligious
sect, would, in effect, be imposed as a condition for the exercise of the sect's
right under the Constitution.
13
(2) Imposition of fi nancial burden after exercise of right. - The Consti-
tut.ion, in Section 5, does not, however , prohibit imposing a tax on the sale
of religious materials by a religious organization. Such tax, unlike a license
fee, does not restrain in advance the exercise of religious It is
generally applicable to all, and imposed after t he activity taxed is com-
pleted, and the fact that the acti vity is conducted by a religious sect is only
incidental.
Religious test prohibited.
The Constitution expressly provides that "no religious test shall be
r equired for the exercise of civil or political rights.'' I Sec. 5.)

vs. City of Maniln, 101 Phil. 386.


10
Anuccnsion vs. National Labor Union, 80 SCRA 330 19771.
"American Bible Society vs. City of Manil a. supra.
'
2
Murdock vs. P.::nnsylvania, 319 .U.S. 105.
'"Tolentino vs. Secretary of Finance. 54 SC'AD 6il , 235 SCRA 630 (1994).
"ibid.
94 TEXTBOOK 0:-.J THE PIIILIPPINE CONSTITUTION Sec. 6
(1) A religious t.est is one demanding the avowal or r epudiation of
certain reiigious beliefs before the performance of any act.
15
Thus, under
t his injunction, laws prescribing the qualification of public officials or
employees, whether appointive or elective, or of voters, may not contain
r equirements of religiout-1 beliefs.
{ 2) The civil ar p qf:Uicq,l riglt_(c; (s upra.) is to be understood
as includi ng the individual rights safeguarded by the Constitution and
statutory laws.
The reason for the provision is easy to understand. Without s uch
pr ohibition, r eligious freedom becomes meaningless. The State, without
such a bar, notwithstanding the doctrine of its separation from the Church,
could in fact accord preference to a r eligious organization .
16
SEC. 6. The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public
safety, or public health, as may be provided by law.
Meaning of liberty abode and travel.
:. / ;
The liberty is the right of a person to have his home
in whatever pl ace chosen by him and thereafter to change it at will , and t o
go where he pleases, vithout interference from any source.
:The right is qualified, however , by the clauses "except upon lawful
or der of the court" a nd "except in the interest of national security, public
safety, or public health as may be provided by law." (Sec. 6. )
The 1935 Constitution tipeaks only of the liberty of abode. The right
now includes the right t o travel.
1
limitations on the right.
The phrases order of t he cou_rt" and
or __ p_ealth" means, in
other words, subjecft'i:rthe dominant police power (see Sec. 9, infra.) of t he
State. Thus, the lawmaking body may by law provide for the observance of
curfew hours in ti me of war or national emergency, the commitment of
mentally der anged p2rsons to a mental institution, the confinement of
,,; Corwin, The Consti tution and What l t Means Today, p. 151.
1
"1'anada vs. Fernando. p. 283. Reason a nd the common good mandate that public
officials and part icularly those occupying high positions in the governUlent should
meal certain moral st.andard1;-.
;Salonga vs. Her mo!Sa. 97 SCRA 121 (1980).
St' C. 1 ART. 111. - BTLL OF TUGHTS 95
those with communicahle diseases to a hospital, the arrest and detention of
persons accused of crimes, etc.
Note that under the second limitation, a cnurt order is not necessary.
The determination of the proper executive officer (e.g., President) is subject
to judicial review .
2
A person whose liberty of abode is violated may petition for a wl'it of
habeas corpus (see Sec. 15.} against another holding him in detention.:
1
SEC. 7. The right of the p eople to information on matters of
public concern shall be r ecognized. Access to official records,
and to doc uments, and pape rs pertaining to official acts, trans
actions, or decisions, as well as to government research data
used as b asis for policy deve lopment, shall be afforded the
citizen, subject to such limita tions as may be provided by law.
Right to information on matters
of public concern.
The right of access in the above prov1s1on the right to
information. The arguments gi ven for the inclusion 6 (now Sec.
7.) in the 1973 Constitution are:
<_1) It is in consonance with the principle of popuJc... s-overeignty. In a
democr atic soci ety, t he sovereign people have t he of access to the
rP.cor ds of their government;
(Jl) It will enable the people to participate more effectively i n govern-
mental affairs especially in questioning the acts of the authorities;
($) It will make denunciation of government more factual, r esponsible,
and effective;
(1') It will provide a detcrnmt to the commission of venalities because
of the resul ting awar eness of officials that their acts wilJ be exposed to the
full light of public scrutiny;
1
and
($-) It will public of otlicia ls and thus foster ruppol't
and harmony between the government and the people.
2
In view of Sect ion 7, there can be no doubt as to the \onstitutionality of
any law making the refusal t o gi.vt- such information or denial of access
thereto a punishable offense.
Villavicencio vs. Lukban, 39 Phil. 778 (191!h
J[bid.; Cauncn. Vl'l. Salazar, 82 Phil. 851.
1
Sec Val monte Belmont e, J r ., 170 SCRA 256 1 1.
Committ<!e on General Provi!!itn\ !'. Report ?"o. 2. :'ol v\' . :-!0, 1971, 1971 Comai tutional
Convention.
96
TEXTBOOK ON 'l'HE PHILIPPINE CONS'riTUTTON Sec. 8
Scope of the right.
(.1) The right embraces all public records;
(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; and
(3) Its exercise is s ubject to s uch limitations as may be provided by law.
Limitations on the right.
It is that records involving the security of the State or which
are confidential in character should be excepted. Presently, certain public
records are declared confide]lti al either by law or by administrative regula-
tions. Instances of these inc:ome tax r eturns under the National Inter-
n al Revenue Code;'the condition or business of banks under the Central
Bank;
3
acfo.unts pertaining to military intelligence funds; army
r ecords; proceedings. (see Art. VI, Sees. 16l4l, 20.)
Any law which prohibits disclosure of information by government agen-
cies must f;trike a healthy balance between the need to afford protection to
vital secrets affecting national interest or security and the imperative of
safeguardi ng the basic right of the people to know about the activities of
their government. line with the constitutional policy to enhance free
flow of information, and to pr omote trans parency in the conduct of public
affairs, the disclosure of information must be the general rule, not the
exception. The burden is on the government to justify the withholding of
information or document, not on the person requesting it .
SEC. 8. The right of the people. including those employed in
the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be abridged.
Meaning of right to form associations, etc.
The is the freedom to organize or to be a
member of any group or association, union, or society, and to adopt the
rules which the members judge most appropriate to achieve their purpose.
With or without the above provision, it may be assumed that this right
exists. It is clear that the right to join an association includes the right to
l eave and cancel his membership with said organization or t<J abstain fr om
j oining one.
1
S.ection. .. 8 .the...right.ta.furm labor
.Art,_ I4,.
3
See Presi dentiAl No. 72.
1
See Anucension vs. National Labor Union, 80 SCRA 350, Nov. 29, 1977.
--
Sec. 9 ART. JII. - BILL OF RIGHTS 97
Purposes of the guarantee.
(1) Undoubtedly, the purpose of the constitutional guarantee is to
encourage the formation of voluntary associations so that through the
cooperative acti vities of ind1viduals, the welfare of the nation may be
advanced and the government may thereby receive assistance in its ever
increasing public service activities.
2
(2) By enabling individuals to unite in the performance of tasks which
singly they would be unable to accomplish, such associations relieve the
government of a vast burden. The needs of the social body seek satisfaction
m one form or the other, and if they are not secured by voluntary means,
the assistance of the government will inevitably be invoked.
3
Limitation on the right.
.J:ighL to f<;>r:m ... Qf . __ Q.e_a.b..ddE.f:g .9.r.
. ... of.its (see Sec. 9. ) This
is the meaning of the phrase
Even without the qualification, however, it is deemed to exis t by virtue
of the inherent power of the State to protect and preserve its existence. But
unless an association or society coald be shown to create an imminent
danger to public order, public peace, public morals, Ol' public safety, there
is no justification for abridging the right to form unions, associations or

SEC. 9. Private property shall not be taken for public use
without just compensation.
Essential or inherent powers of government.
The totality of governmental power is contained in three (3) great
powers, namely: }ln.We.r . .oLeminent domain, police po.w.er, and pa.wel:...Of
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;
(2) They are inherent in sovereignty; hence, they can be exercised even
without being expressly granted in the Constitution al though t he condi-
Sinco, op. cit . p. 669.
3
Schmandt and Steinbicker, op. cit., pp. 184-185.
4
Tiu'iada and Fernando, op. <:it., pp. 264-265. lt i:> to he noted tha t there is in the Revised
Penal CodA of illegal a!\sociation penalized in Article 147 thereof. As defined in that
articl e, illegal are those "totally or partially for t he purpose of
committing any of the crimes punishable under thi;; Code or for .s ome purpose contrary to
public morals. " Both the officers and members of said association!l are subj ect to the penal-
ties prescribed therein. Presidential Decree 885 defi nes and outlaws subversive organi
zations and associati ons and penalize!:' membership therein.
98
TEXTBOOK ON THE l 'lULIPPINE CONSTITUTION Sec. 9
tions for their exercise may be regulated and limited by the Constitution
and by law;
(3) They are ways by which the State interferes with private rights and
property;
( 4) They are all legislative in character ; a nd
(5) They all presuppose an equivalent compensation
1
received, di rectly
or indirectly, by the person affected by the exercise of these powers by the
government. (infra.)
Meaning of eminent domain.
Eminent domain is the right or power of t he State or of thos e to whom
the lawfully delegated to take (or expropriate) pr ivate
property for public use upon paying to the owner a just compensation to be
ascertained according to law. (see Art. XII, Sec. 18.)
Conditions for or limitations
upon its exercise.
They are:
(1) Public use may be identified with "public
benefit," "public utility,'' or "public advantage."
2
lt.xnay be identifie4 .. with
.. employed for the community :l That the expropria-
tion of a land may actually benefit only a few families, does not dimini sh it s
public use character. It is of no moment that t he land 8ought to he expropri-
ated is of s mall area, e.g., less t han hai f a Ifthe property is
t aken by a private corpor ation (e.g .. Meral.co, a public utility given t he
power of eminent domain ) to enable it t o furnish the public with some
necessity or convenience (e.g., electricity), the use is public;
(2) Ptzyment JJL)JJ.s1 -- Under the Local Government
Code,
5
t ht:l amount to be paid for the expropriated property shall be deter-
mined by the proper court, based on the fair market at t he time of
the taking of the property.
7
The owner may contest in cour t the value
determined by the assessC>r; and
1
Set- 1 Cooley 27-30.
2
See Guido vs. Rural Progr ess Adm., 84 Phil. 847. Presi deniial llecrec No. 1259 (Oct . 21,
1977) fur ther defines the policy oo the expropri Rtion of private for
housing for t he lower and mi<idle class members of upon payment of just compeiH;a-
tion. (see also Pres. Decree!\ No. 757 and 1224.)
vs. Manila Railroad Co., 42 Phil. 102.
Philippine Columbian As<;ociation vs. Panis, 46 SCAD 1002, 229 SCRA 668 ( 1993).
.;R.A. No. 7160, effective .January I , 1992.
is understood to mean the "price at which a willing !>eller would sell
and a willi ng buyer woul d bu.Y neit her under abnormal press ure."
7
Sec. 15 thenof.
Sec.9 99
(3) c1. - Pr ocedural due
process requires that the owner shall have due notice and hearing in the
expropriation proceedings. (see Sec. 1.)
Meaning of "taking."
(1) &tWJl.p.hysic.a.l._seizure. .. - "Taking" under t he power
of eminent domain refers not si mply to actual physical seizure or appro-
priation of the property but also to its destruction or impa irment, or to
limita t ion of its usual and necessary employmant or use by i ts owner , not
as a consequence of police power.
8
For example, where airplanes take off
over land adjacent to air ports at such low levels that the land is no longer
suitable for other uses, it has been held t hat t here is a "t aking" for which
the government must compensate.
9
(2) '!'he "takinrg':_mJJ,s.t.be-dir.ect. -The Constitution does not require that
property losses incident al to the exercise of governmental power be compen-
sated for. For instance, the passage of a rent control law (a police power
measure) could deprive lessors of the right t o charge a higher rent, and so
decrease t he value of their property but the government is not required to
award compensation.
10
The property must "be taken" as defined above.
Meaning of police power.
eQlice pow.cr has 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 pro-
mote public health, public morals, public safety, a nd the general welfare
and convenience of the people.
11
.... ,. ... ,. , .... .....
-J.._It has been negatively put forth as t he inherent and power in
the State which enables it to prohibit all things h urtful to the comfort,
safety and welfare of society.
12
;-s..
'
Basis of police power.
It is bas ed on t wo Lat in maxims, sal.u.s .p apu/.i_s_u.prema est le.x. (the
welfare of the people is the supr eme l aw),1and non
<laedas (so use your own as not to inj ure another 's

Ftlr living in
a civilized s ociety demands t hat an individual must part with some rights
and privileges for the common good. Every citizen of en!ry community
must bear certai n burdens imposed for t he good of
u.s. vs. Causby, 328 U.S. 256.
9
Stearns vs. Minnesota, 179 U.S. 22.1.
LOCorwin and Pel tason, Understanding the Consti tut ion. p. 134; e.g., Batao Pambansa
Big. 877.
11
See U.S. vs. Gomez, 31 J:>hil. 218.

vs. Provincial Board, 39 Phil. 660.


13
See Fernando, op. cit .. p. 120.
us ee Barbeir vs. Conr.olly. 115 U.S. 28.
. .- .
100 TEXTBOOK ON THE PHCLIPPINE CONSTITUTION Sec. 9
Illustrations of police power Jaws.
Illustrations of police power statutes or ordinances are gi ven below.
(1) f..y,Q.Jic lte.alth,- -Those regulating the medical profession; provid
ing for the segregation of lepers; providing maternity leave for wor king
women; limiting the working hours to eight; requiring every building or
premises to be connected with a sanitary sewer system; prohibiting the
sale of fresh meat, except in refrigerated establishments, outside the public
mar kets, etc.;
(2) Euhlkl11J2r:Jlls.. - Those punishing vagrancy and prostitution; pro
hibiting gambling; providing a license tax for maintenance or operation of
public dance halls; punishing usury, etc.;
(3) - Those requiring a license for the right to drive
motor vehicles; providing for the closure of certain streets to traffic of
animal-drawn vehicles (calesas) ; requiring compulsory military service;
prohibiting the carrying of concealed deadly weapons; authorizing the
demolition of buildings or improvements which constitut e a fire hazard,
etc.;
(4) and con!Jenien_Gf. - Those requiring compulsory
registration of lands; authorTiir1g the removal of billboards offensive to
sight; penalizing the turning loose oflarge cattle or permitting them to run
loose in streets and pla zas of municipalities; regulating the slaughter for
human consumption oflarge cattle still fit for a gricultural work; r egulating
distance between gasoline stations; regulating prices of commodities and
rents of houses, etc.
15
Meaning of taxation.
As a power, ta:.tJ.i.Ql!: is the power of t he State to impose charge or
burden upon p_ersons, proper,!y, or property r ights, for the use and support
of the government and to enable it to discharge i ts appr opriate functions.
Theory and basis of taxation.
(1) The power of taxation proceeds upon the theory t hat the existence
of government is a necessity, that it cannot continue without means to pay
its expenses, and that for these means it has a right to compel all its
citizens and property within its limits to contribute.
16
(2) The basis of t axation is found in the reciprocal duties of protection
and support between t he State and its inhabitants. In return for the
'sThe State can deprive pers ons of life, liberty, or property provided there is due process /
of la w; a nd persons may be clas sified into classes and groups provided everyone is given the
equal protection of the law. (Sec. l. J The test or standard as always is reason. Police power
legislation must be firmly grounded on public interest and welfare and a r easonable relation
mus t exist purposes and means to achieve the s ame.
16
See 51 Am. Jur. 3739 .
Sec. 10 ART. Ill. - BlLL OF RIGHTS 101
citizen's contri bution for the support of the government, the State is sup-
posed to make adequate and full compensation in the form of benefits and
protection which it gives to his life, liberty, and property.
Taxation is necessary to enable the State to exercise its police power to
promote the general welfare.
Meaning of taxes.
Taxes are the enforced proportional contributions from persons and
property levied by the lawmaking body of the State by virtue of its sover-
eignty for the support of the government and all public needs.
They are the financial burdens or charges imposed by the government
upon persons or property to raise revenue for public purpose or purposes.
Distinctions among the three powers.
They ar e, among others, the following:
Q} As to authority which exercises the power. - Taxation and police
power are exercised only by the government, while the exercise of the
power of eminent domain may be granted to public s ervice companies;
(2} As to purpose. - In taxation, the property (generally in the form of
money) is taken for the support of the government; in eminent domain, for
public use; and in police power, the property is taken or destroyed for the
purpose of promoting the general welfare;
(3") As to effect. - In taxation, the money contributed becomes part
of funds; in eminent domain, there is a transfer of the right to
property whether it be ownership or a lesser right; and in police power,
there is no such transfer; at most, there is a restraint in the injurious use of
property;
As to persons affect.ed. - Taxation and (usual!y) police power oper-
ate upon a community or a class of individuals, while eminent domain
operates on an individual. as the owner of a particular property; and
(5) As to benefits received. -In taxation, it is assumed that the indi-
vidual receives the equivalent of the tax in the form of benefits and
protection he r eceives from the government; in eminent domain, he re-
ceivesjust compensation for the property expropriated; and in police power,
t he compensation of the individual is not immediate and usually annoy-
ance 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.
17
SEC. 10. No law impairing the obligation of contracts shall
be passed.
11
See U.S. vs. Toribio, 15 Phil. 85; Churchill and Tai t vs. Rafferty, 32 Phil. 586.
102 TEXTBOOK ON THE PHILIPPINE CONHTITUTION Sec. 10
Meaning of obligation of a contract.
The oQ.lieation Q[a co.nJrru;.,t is the law or duty which binds the parties to
perform their agreement according to its terms or intent ,
1
if it (agreement)
is not contrary to law, morals, good cus toms, public order, or public policy.
2
Scope of terms "law" and "contract."
( 1) The law, the enactment of which is prohibited, includes executive
and administrative orders
3
of the President, administrative orders issued
by heads of departments, and ordi nances enacted by local governments.
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).
( 2) The contract, the obligat ion of which is secured against impairment
under the Constitution, includes contracl..s entered into by the government.
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.
4
The Stat e when contracting does so upon the same terms as a
private individual or corporation and may not plead it s sovereignty as
justification i n impairing a contractual obligation which it has assumed.
5
A contr act which is entitled to prot ection against impairment must be a
valid one. Note that marriage is more than a mere contract; i t is a status.
Hence, it i s outside of the contempl ation of the constitutional provision.
(see Art. XV, Sec. 2.)
Purpose of non-impairment prohibition.
The prohibition is int ended to prl)tect creditors, to assure the fulfillment
of lawful promises, and to guard the integrity of contractual obligations.
6
Business problems would arise if contracts were not stable and bindi ng and
if the legislature can pass a l aw impairing an obligation entered into
legally.
The provision implements the constitutional right to freedom of con-
tract.
\Sturgess vs. Cr ownshields, 4 Wheat 122.
\
Art. 1306, Ci vil Code. 1
3
Executi:!!_!. .. Qrders are acts of the President providing for rules of genertil or permanent
character in or execut ion of consti tutional or statutory (Adm. Code
of 1987, Book HI, Sec. 2.) Before the effectivity of the new Constitution, the Presi dent
exercis ed legisl ative powers through t he issuance of executive orders . Administrative Orders
are acts of the President whi ch relate t o particular aspect..'! of governmental operat ions in
pursuance of his duties as administrative head. (Ibid. , Sec. 3.) See Art. VII, Section 17.
'See Cassanova vs. Hord, 8 Phil. 125.
"Willoughby, op. <:it., p. 1224.
Sinco, op. cit., p. 640.
Se('. 11 ART. III. - BILL OF RIGHTS 103
When obligation of contract impaired.
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, thereby
we!lkening the position or rights of the latter.
7
A law which:
( 1) takes fr om a party a right to which he is entitled under the con-
tract;
{2) deprives him of the means of enforcing such right;
(3) imposes conditions not expressed in t he contract, or dispenses with
those which are; or
(4) diminishes the consideration agreed upon by the parties, as to
diminish the value of the contract, is void as impairing thE.> obligation of the
contract within the meaning of the Constitution.
For instance, a law increasing or decreasing the rate of interest for the
loan of money cannot apply retroactively to loans contracted before its
enactment , otherwise impajrment will result. Laws impairing thP. obliga-
tion of contracts are necessarily retroactive or retrospective. There will be
no impairment if the law is given prospective effect.
Freedom to contract not absolute.
. 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. 8.) and
especially in view ofthe explicit provisions in the Constitution with refer-
ence to t he promotion of social justice. (see Art. XIII.)
Thus, the abolition of share 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 (supra. } , share tenancy being recognized
as the root cause of the land problems and agrarian unrest in the country!
SEC. 11. Free access to the courts and rna.si=iud.ic.jpl bodies
and adequate legal assistance shall not be denied to any person
by reason of poverty.
Constitutional rights of the accused
in criminal cases.
Br_iefly, they may be enumerated as follows :
. ,., ..
(f) The right to adequate legal assistance;
/"
' Sec Edwards vs. Kearney. ~ u .S. 607.
<Sec Geronimo vs. Court of Agrarian Relations. L-250.'35, Feb. 26, 1968; De Ia Rama vs.
Courl lf A:gr.aii'an Relation.-;, L-19555, ~ l a y 29. 1964.
104
TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 11
(2) The right, when under investigation for the commission of an offense,
to be informed of his right to remain and to havt: counsel;
(8) The right against t he use of torture, force, violence, threat, intimi-
dation or any other means which vitiates the free will;
(4) The right against being held in secret, incommunicado, or similar
forms of solitary detention;
(5) The right to bail and against excessive bail;
.----
(6) 1'he right to due process of l aw;
(7) The right t() presumption of innocence;
(8) The right to be heard by himself and counsel;
(9) The right to be informed of t he nature and cause of t he accusation
against him;
( 1-0) The right to have a s peedy, impartia l, and public trial;
(l l) The right to meet the witnesses face to face;
The right to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf;
(1-3) The right against self-incriminat ion;
( 14) The right against detention by r eason of political beliefs a nd
aspirations;
( 15) The right against excessive fines;
(16) The right against cruel, degrading or inhuman punishment;
( 1J7) The right against infliction of t he death penalty except for heinous
crimes; anc.l
( 18) The right against double jeopardy.
Reasons for constitutional safeguards.
There are several reasons underlying the tenderness of our Constitu-
t ion on t he subject of the rights of an accused.
(1} A criminal case, an unequal contest. - For one thing, every crimi-
na l case is a contest between an individual and the government. It is of
necessity an unequal contest because the parties are of unequal strength.
The government is very powerful. It is _ _the .. iepository of the enormous
power of organized s ociety. In order to reduce the passibiiities of injustice,
the Constitution seeks t o r edress t he imbalance between these parties by
guaranteeing the accused the right to an impartial trial, the privilege of
cross-examination, and other procedural safeguards .
.{2) Criminal accusation, a very serious matter. - Moreover, experience
that it is a very serious matter for the government formally to
accuse a man of having committed a crime. The defendant by being merely
accused may find himself in immediate trouble, whether guilty or not. He
Sec. 11 ART. III. -BILL OF RIGHTS 105
may lose his job, or be suspended from it pending trial. His reputation is
under an immediate cloud. The accused, therefore, needs every possible
opportunity to establish his innocence, as soon, as publiciy, and as deci-
sively, as possible}
(3) Protection of innocent, the underlying purpose. -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,
will be done. Under the Constitution, the acquittal of the innocent is given
more importance or preference than conviction of the criminal. Indeed, in a
criminal prosecution the interest of the government is not that it shall win
a case, but that justice shall prevail.
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." The raison d'etre for this principle is
the assumption that the long arm of the law would, sooner or later, catch
up with the guilty party.
Right to free access to the courts
and quasi-judicial bodies.
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, the prevention and
redress of wrongs, and the enforcement of contracts. s But such guarantees
are futile if persons are prevented from going to courts on account of their
poverty. Within this category may be mentioned the low-paid employees,
domestic servants and laborers who, to collect their small salaries and
wages, might have to go to court and yet are without means to pay filing or
sheriffs fees and attorney's fees.
4
To give reality to these constitutional rights, our Constitution has
expressly included the above provision.s
Right to adequate legal assistance .
. It may nut be sufficient to just grant the rights of a pauper. (i.e.,
exemption from payment of court fees) to poor 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, they are
unable to engage the services of a lawyer to defend them or to enforce their
rights in civil, criminal, or administrative cases.
'Fellman, op. cit., pp. 13.
vs. Platon, 69 Phil. 556; Tan, Jr. vs. Gallardo, L-41213-14, Oct. 25, 1976.
'Barbier vs. Connaly, 113 U.S. 27.
'Cabangis vs. Almeda, 70 Phil. 443.
''V.G. Sinco, op. cit., p. 703.
'See Rules of Court, Rule 3, Sec. 21.
106 TEXTBOOK ON THE PHILIPPINF. CONSTITUTION Sec. 12
SEC. 12. ( 1) Any p erson under investigation for the commis-
sion 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. If the person cannot afford the
services of counsel, h e must be provided with one. These rights
cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other simi
lar forms of detention are prohibited.
(3) Any confession Ot:' admission obtained in violation of this
or Section 17 hereof shall be inadmissible in evidence against
him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and rehabili-
tation of victims of torture or similar practices, a nd their fami
lies.
Rights of person under investigation.
Any person under criminal investigation for the commission of an
offense shall have the right:
(.1) to be informed of his right to remain silent;
1
to have competent and independent counsel preferably of his own
choice or to be provided with ono;
2
(3) against the use of torture, force, violence, threat, intimidation, or
any other means which vitiates the free will; and
(4f) against being held in secret, solitary, incommunicado, or other
simiiar forms of detention.:J
/
,/
Effect of violation of
To gi ve force and meaning to the constitutional provision, any confes-
sion obtained in violation of any of the above rights is declared inadmissi-
1
While an accused is under custody, his silence may not be taken as e\idence against
him, otherwise his right of silence would he an illusion. (People vs. Alegre, 94 SCRA 109. )
tThe right to counsel may be waived !Q.Y,ig_e_g .
its .. ...(People vs. Caguioa, L-38975, June
17, 1980.)
3
These forms of detention of personfl arrested by the military for alleged subversive
activities or fot being critical of the government were found to be prevalent under a previous
regime especially during the period of martial law, from Scptembt!l' 21, 1972 to January 17,
1981. Oi fferen t forms of torture were also practiced.
Sec. 13 ART. III. - 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. For humanitarian reasons,
such law to be enacted by Congress shall provide compensation for and
rehabilitation of victims of torture or similar practices, and their families.
5
When rights can be invoked.
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. The words
includes where the
proceeding is r..ot a mere general inquiry into an alleged crime, but has
begun to focus on a particular suspect taken into custody by the police who
carry out a process of interrogation.
These rights are thus available the moment an arrest or detention,
with or without a warrant, is made. The authorities must insure that the
accused is apprised of his rights and that they are availed of by him.
Waiver of right of silence and to counsel.
rig_ht pf be w..aiYflrl .. .e.xce.ptin .. 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.
SEC. 13. All persons, except those charged with offenses
punishable by .reclusion perpetuo when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sure-
ties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege
of the writ of l];abeas corpus is suspended. Excessive bail shall
not be required.
Meaning of bail
...IJ.fJiJ.. 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
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, .t;.Q.l)IJOt.l;w.J:.Qnsidered a tacjt adtnia.aio.u Qf.the..cr.S (People
vs. Alegre, supra.)
"RA No. 7309 30, 1992) creates a B..om of.Claima under the Department of
Justice for victims of unjust imprisonment or detention and victims of violent crimes.
108 TEXTBOOK ON THE PHILIPPINE CONSTITUTION SE!{:. 13
'
upon his appearance before any court as required under the conditions
s peci fied.
1
Purpose and form of bail.
The purpose of requiring bail is to relieve an accused from impris-
until his conviction and yet secure his appearance at the triaP The
right to bail is granted because in all criminal prosecutions, the accused is
presumed innocent. (see Sec. 14[2].)
(;f i t may be i n the form of cash deposit , property bond, bond secured
from a surety company, or recognizance.
3
Who may not invoke the right to bail.
The right t o bail is avail able to any person arrested, detained, or
otherwise depri ved of his liberty, whether or not an information (criminal
complaint ) has been filed against him.
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, and hence, a free man even
when he has already been criminally charged in court. The purpose of bail
is to secure one's release and it would be incongruous to grant bail to one
ywho is free .
5
(2) It is also not available to one charged with capital offense or an
offense punishable by reclusion perpetua, life imprisonment, or death if the
evidence of his guilt is strong. (Sec. 13.) The judge, however, has no
authority to deny baii without t aking into account the evidence presented,
a t the time the accused applied for bail, as to guilt. There must be a
hearineEven when evidence of guilt is may be granted where
there is no probability that the defendant would flee r ather than face the
verdict of t he court,
6
or after conviction, on humanitarian ground where the
life or healt h of the convict may be endangered by continued confinement
pending appeal.
7
(3) Under the Rules of Court, "no bail be allowed after the Judgment
has become final, or after the accused has co,.;,menced to serve sentence. ' '
8
I
/
1
See Rules of Court, Rule 114, SE!{:. 1. _/ .
2
Almeda vs. Villaluz, L31665, Aug. 6, 19'i;J.
3
See Rules of Court, Rule 114, Sec. 1. A'fecQilnizg.nce is a simple personal obligation or
entered into before a court and having no money penalty attached. (Webster's
3rd Jot. Diet.) Thus, an accused may be temporarily released on his own recognizance to the
custody of a responsible member of the community. Congress must enact a law providing
when recognizance may be allowed in lieu of bail.
Teehan kee vs. Rovira, 75 Phil. 635.
5
Feliciano vs. Pasicolan, L-14657, July 31, 1961.
6
See Rules of Court, Rule 114, Sec. 21.
' See Montano vs. Ocampo, 49 O.G. 1855, Jan. 29, 1953.
8
De Ia Rama vs. People's Court, 77 Phil. 46.
Sec. 14 ART. HI.- BILL OF RIGHTS 109
When the privilege of the writ of habeas corpus is suspended, the right
to bail, even for the commission of national security crimes (see Sec. 15.), is
still available except as provided in Section 13.
Meaning of capital offense.
for purposes of the above provision, is an offense
which, under the law existing at the time of its commission, and at the time
of the application to be admitted to bail, may be punished with reclusion
perpetua, life imprisonment,
9
or death.
Excessive bail prohibited.
The Constitution ordains that excessive bail shall not be required. (Sec.
13.) Without the explicit injunction, the right to bail would be a meaning-
less farce.
WhJ!t a \.lllQnj;_hEt of
He has to take into a,ccount in deciding the matter, among
nature of the offense, the penalty which the law attaches to it,
ihe prbbability of guilt, financial condition of the accused.
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.U Also, the amount of
bail may be reasonable if considered in terms of surety or property bond,
but excessive if required in the form of cash. bond
the accused.
12
SEC. 14. (l) No person shall be held to answer for a criminal
offense without due process of law.
{2) In all criminal prosecutions, the accused shall be pre-
sumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of wit-
nesses and the production of evidence in his behalf. However,
after
that has been duly
unj!lstifii!Ple.
9
R.A. No. 7659 (Dec. 13, 1993) has restored the death penalty on certain heinous crimes.
Section 13 speaks of reclusion perpetua, not life imprisonment. In law, they are different
penalties. For ou1 purpose, we shall not concern oursehes with the fine distinctions hf'tween
the two. Suffice it to say t;at under the of Court, life imprisonment is included. (Rule
114, Sec. 7.)
10
See Rules of Court, Rule 1 J 4, Sec. 10.
"1 Coole:v 644.
vs. Villaluz. L-31665. Aug. 6. 1975.
110 TEXTBOOK ON THE PHILIPPINE CONSTITUTION
Sec. 14
Right to due process of law
in criminal cases.
A person cannot be held to answer for a criminal offense without due
process of law. (Sec. 14[1]; see Sec. 1, supra.) Due process in this context
pertains more to the procedura l aspect. It requires that:
<f) The accused must be -
( a) tried before a competent court (i.e., court having jurisdiction);
(b) given a fair and impartial trial; and
(c) allowed to use all legal means and opportunity to defend him-
self; and
The judgment awarded against him must be within the authority of
a valid law.
As applied to a criminal trial, denial of due process, it has been said, is
the failure to observe that fundamental fairness essential to the very
concept of justice.
1
Right to presumption of innocence.
In all criminal prosecutions/ the accused is presumed innocent until
the contrary is proved. (Sec. 14[ 2].)
(1) A .. s.aeguard. conv.!.!ion. -This presumption of inno-
cence is a guarantee that no person shaiT be convicted of a crime except
upon confession or unless his guilt is established by proof beyond reason-
able doubt which is more than just a preponderance of evidence sufficient
to win in a civil case. 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 he resources, authority and influence at its com-
mand.3 The presumption takes an even more paramount significance in
offenses involving the capital punishment.
(2) Re..fl!:l-ire!J1f.!1t.Q[ P!09[ -The bur-
den of proof in a criminal proceeding upon the Its evidence
must be strong enough to convince the 'court that the accused is clearly and
unmistakably guilty, not because he dmnot prove that he is innocent, but
because it has proved that the is guilty beyond reasonable doubt.
6
1
Li senba vs. Cal ifornia, 814 U.S. 219.
,.rhe t erm has always been interpreted to mean proceedings
before the t rial court rendition of (People vs.
Corachea, 91 SCRA 422, July 16, 1979. )
3
People vs. De Guzman, 194 SCRA 601, March 4, 1991.
People vs. Lagmay, 306 SCRA 157, April 21, 1999.
a suspended PC-CIS was acquitted of the charge that he "knowingly and falsely
represented himself to be [such an) agent" in the ::.bsence of proof that he was duly notified of
his di smissal before the commission of the alleged crime to overcome the constitutional
presumption of innocence. (Gigantoru vs. People of the Phils., L-74727, June 16, 1988.)
6
People vs. De Guzman, note 3.
Sec. 14 ART. m. -BILL OF RIGHTS 111
In case there is a reasonable doubt of his guilt, the accused is entitled to
acquittal." ... It is better to acquit a person upon the ground of real;lonable
__ _
__ 'h_o mav.hti:nJl$..J;lllt...''il
Statutory presumptions of guilt.
There, is, however, no constitutional objection to the passage of a law
providing, even in criminal prosecutions, that the presumption of inno
cence may be overcome by a contrary presumption, founded upon the
experience of human conduct- that when certain facts have been proved,
they shall bP- prima facie (i.e., sufficient for proof if uncontradicted) evi-
dence of the existence of the main fact in question.
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.
10
Under our Rules of Court, for instance, it is presumed "that a person
found in possession of a thing taken in the doing of a recent wrongful act
(i.e., theft) is the taker and the doer of the whole act."
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.
12
If upon such presumption taken in connection with the other evidence, it
may fairly be concluded beyond a reasonable doubt that the accused is
guilty of a judgment of conviction may properly be entered.
13
Right to be heard by himself
and counsel.
Implementing the right to be heard, the Rules of Court provides:
'-l) "In all criminal prosecutions, the defendant shall be entitled x x x to
be present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of the judgment. ;
4
"The accused must be pre5ent at the arraignment and must per3on-
ally enter his plea.'"
(3 J "After a plea of not guilty, the accused is entitled to two 12 1 days to
prepare for trial unless the court for good cause grants him further time.
16
"See Rules of Court, Rule 133. Sec. 2.
"Peoplt! vs. Manoji, 68 PhiL 471.
9
1 Cooley, 639-641.
'('People vs. Mingoa, 92 Phil. 857.
t:Rules of Court, Rule 131, Sec. 5.
:
2
See U.S. vs. Ungol, 37 Phil. 835; U.S. vs. Espia. Hi Phil. 506

vs. Cat.imbag, 35 Phil. 367.


'
1
Rule;; of Court, Rule 115, Sec. 1.
''Ibid., Rule 116, Sec. Hbl.

Sec. 9.
112 1'F.XTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 14
f4) "Before arraignment, the court shall inform the accused of his right
to counsel and s hall ask him if he to have one. Unless the accused is
allowed to defend himself in person, or he has employed counsel of his
choice, the court must assign a to defend him."
17
Even if the guilt of the defendant is very apparent, a hearing is still
indispensable. He cannot be punished upon a doubtful assumption.
1
A Lack
of notice of hearing violates procedural due process.
19

Meaning and purpose of arraignment.
( 1) The arraignment is made in open court by the judge. . .ar . .cl.c.r.k. and
consists in furnishing the accused a copy of the complaint or information
with the list of witnesses, r eading the same in the language or dialect
known to him and aski ng him whether he pleads guilty or not guilty.
20
The complaint is filed in court usually by the prosecutor after due
investigation.
( 2) It is at t he stage of arraignment that the accused, for the. first time,
is granted the opportunity to know the precise charge t hat confronts himY
Importance of the right to counsel.
The right to.be..h.eard would .. b.e.of
tight tu . .be.
Even the most intelligent or educated man may have no skill in the
science of t he law, particularly in the rules of procedure and without
counsel, he may be convicted not because he i s guilty but because he does
not know how to establish his innocence. And this can happen more easily
to persons who are ignorant or uneducated. I t is for this reason that the
right to be assisted by counsel is deemed so important that it has become a
constitutional not subject to waiver by the accused.
2
:
1
Right to be informed of the nature and cause
of the accusation against him.
( 1) Sp_e.cific .. a.Jk_gqij,gn::; of charge4. - This right implies that the
offense which a person is accused of be made known to him. The criminal
complaint or information should be sufficiently clear to a person of ordi-
nary intelligence as t.o what the charge is so as to enable him to prepare his
defense. It is imperative that. he is thus made fully aware of possible loss of
' ''!hid., Rule 116, Sec. 6.
'"RcycJS v:>. Subido, L-27916, Aug. 21, 1965.
'"Sec. of Finance vs. AgaH<I, L-36276, ,Jan. 17, 1978; Loquias vs. Rodri guez, L-:l8388,
July 31, 1975.
21
'Rulcs of Court, Rule 116, Sec. 1.
2
' Borja vs. Mendoza, L-45667, June 20, 1977.
22
Peoplc vs. Holgado. 85 Phil. 752; Flores vs. !l.uiz, L-50707, May 31, 1979; see People vs.
Malunsing, L-29015, April 29, 1975; Borj a vs. Mendoza, 8upra..
2
aSee, however. not-e under Sect.ion 12.
Sec. 14 ART. III. - BILL OF RIGHTS 113
freedom, even of his life, depending on the nature of t he crime imputed to
him.z
4
(2) - - 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. Thus, there is a violation of
the right whe1e an accused h as been charged with an offense and convicted
of another,
25
or where no arraignment (supra.) of the accused has taken
place.
26
The proceedings in s uch case may be challenged and annulled in
the proper court, at the insta nce of t he accus ed. But an accused may be
convi cted of a less er offense (e.g_, theft ) included in t hat (e_g. , robbery)
which is charged.
Right to have a speedy, impartial,
and public trial.
(1) ,Speedy_lzjgJ. - Our s tatutes do not define wi t h precision what
constitutes time for speedy trial. It has been said, however, that a "speedy
trial" means one that can be had as soon as possible, after a person is
indicted and within sue!:! time as the prosecution, wit h r easonable dili-
gence, could prepare for it. It should be a t rial "conducted according to fixed
rules, regulations, and proceedings of law free from vexatious, capricious,
and oppressive delays." It does not mean undue haste but one conducted
with reasonable promptness consistent with due course of justiceY It
necessarily depends upon the circumstances. Consequently, reasonable
postponements are allowed.
The observance of the right to have a speedy trial is important. A long_
in the xefuge of the he. is guilty
. e:_conE-?Uif!.g _for_Jl_i_!llif.he In det ermining whether
there has been a denial of the right to speedy trial, t.he_te.st is t o begin
counting the delay from the time of the filing of the information <cri minal
complaint). u
( 2 ) - An impartial trial is certainly a basic require-
ment of due process in criminal proceedings_ Im-partiality implies .an .a..b-
of cas.e..s. 'to this end, no man can be a judge
in his own case and no ma n is permitted to try cases where he has an
int.er.e.at . otherwise, in the putcome}
9
Thus . a com-iction under
an ordinance whereby a portion of the fine imposed went to the judge and
the remainder to the municipal treasury is a violat ion of due process oflaw.
"lBorj a vs. Mendo?.a, Sll p ra; Mat ilde, Jr. vs. Dec. 29, 1975.

vs. Abad Santos, 78 Phil. 774.


2
GU.S. vs. Sobrevinas, 35 Phil. 32.

vs. Rivera, 45 Phil. 650: Kalaw vs . Apo,;tol. 64 Phil. 852.


28
People vs. Orsal, 112 SCRA 226 1982 . >.J9J. Feb. 12, 1998), known as the
"Speedy Trial Act of 1998," prescr ibes a time limit for trial. between arraignment and trial,
and following an Order for !I new t riaL to emure a speedy trial of all criminal caRes.

rP. Murchison, 349 C. S . 133.


114 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Soc. 14
Evgn __ pr.ru:e.d.ure which would offer .euen. onl:y .a. p.os.b.Le. .t.em.ptatian .to tb.e
tofo.rget t.he bu:r:-<ien .ofproof.requil:ed.to.convict the . .defe.u.dant, denies.
the
"A judge has 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. While judges should possess proficiency in law in order
that they can competently construe a nd [apply] the law, it is more impor-
tant that they should act and behave in such a manner t hat the parties
before t hem s hould have confidence in their impartiality."
11
(3) P..ublic tr..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. A public trial is not of necessity one to which the whole public is
admit ted, but it is one so far open to all, as t hat of the accused's friends and
relatives and others who may be inclined to watch the proceedings in order to
see if justice so that they may
have an opportunity to do so. 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, especially in cases (e.g., prosecution for rape) where public
morals and public decency require it.
32
of witnesses.
The accused person has the right to meet the wi tnesses face to face .
There are two important reasons behind this right.
( 1) The first is to give
the accused an opportunity to cross-examine witnesses against him to test
their recollection and veracity. He may not, therefore, be convicted upon
;he mere depositions or ex parte (of or from one party) affidavi ts (sworn
written statements} of his accusers. Thus, a doct or who executes a medical
certificate must be presented for examination.
(2) .. q_9!!:J:L9f' witneti.i...sr.M..ib.WJy. -- The second is to
give the judge, as the trier of facts, an opportunity to sec the dcnwanor and
appearance of witnesses while testifying.a
3
/ .. - -- ----..,
Right to compulsory production
of witnesses and evidence.
The accused has the right to have compuhmry process issued t o secure
the attendance of witnesses and the production of evidence in his behalf.
(Sec. 14[ 2].)
IO'fumey vs. Ohio, 27:3 U.S. 510.
"Tan, Jr. vs. L-41213-14, Oct. 5, 1976.
'
12
See Cooley, Principles of Constituti onal Law. l3rd1 320-321.; see Rule;-; of Court, Rul e
119, Sec. 13.
3
lU.S. vs. Javier , 37 Phil. 449; U.S. vs. Tanjuanco, J Phil. 374; U.S. vs. Bello, 11 Phil.
526; People vs. Es1.enzo, etc, and Ojoy, L-4116t'l, Aug. 25, 1976.
Sec. 15 ART. lJI. - BILL OF RIGHTS 115
the Rules of Court, an accused per son is ent it 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, including a warrant of
arrest, if needed.a
4
He must , however, make reasonable and diligent effort
t o ha ve them cited to appear and testify, otherwise, the court may properly
r efuse to postpone the trial inspite of the absence of his wit nesses. He may
als o ask the court to order a person to produce in cour t certain documents,
ar t icles, or other evidence and testify with r espect to t hem. This order is
called subpoena duces tecum.
( 2) Likewise, t he court, upon pr oper application of t he defendant, may
order t he prosecut i on t o produce or permit the inspection of evidence (e.g.,
written statements given by t he complainant and other witnesses in any
investi gation of the offense) material to any matter involved in the action,
in t he possession or under the control of the prosecution, the police, or any
other law-investigating agencies.
37
Thus, another mode is assured the
accu sed of meeting the evidence that might be presented to prove his guilt.
Trial in the absence of the accused.
.t<.?. p_r e.sent to
hi'Q:12 elf ma_y_Q_e _ .him:... Thus, trial may
proceed notwithstanding the abse:11ce of the accused provided that three
condi tions concur:
( 1) _He has
(2) Be. duly .. of..the and
(3) !:!is . . VJljJJ.&tifi.a.hle, (Sec. 14l 2J.)
The rule is in the i nt er est of a speedy administration of justice which
should be afforded not only to t he accused but t o t he offended party as well .
An accused cannot, by simply escaping, t hwart his pr osecution and possi-
bly, eventual convicti on provided only t hat the t hree condi tions mentioned
are present .
39
SEC. 15. The privilege of the writ of habegs cQrpus shall not
be suspended except in cases of invasion or r ebellion when the
public safety requires it.
Meaning of writ of habeas corpus.
The . .S.9.r.J2u.s is an or der issued by a court of competent
j urisdiction, direct ed to t he per son det aini ng another , commanding him to
3
' See Rules of Court, Rule 21, Sees. 1, B.

vs. Pellejera, 17 Ph!l. 587; C.S. vs. Garcia. 10 Phil. 384.


36
See Rules of Court, Rule 116, Sect ion 11.
3
;See Ibid.
3
ABorja vs. Mendoza, supra.
vs. Salas, 143 SCRA 163. July 29, 1986.
116 TEXTBOOK ON THE PHILIPPINE CONS'l'ITUTION Sec. 15
produce the body of the prisoner at a designated time and place, and to
show sufficient cause for holding in custody the individual so detained.
Purpose of the writ.
It has for its purpose to inquire into all manner of involuntary r estraint
or detention as distinguished from voluntary anci' .. i(; -relieve a person
therefrom if such restraint is found illegal. 1-'he is the proper remed_y
.in each a_nd every case of..dewntion 'V!'ithout cause or aut!l.ority.
1
Its
vidual a t.hberty.
How writ operates.
This is how the writ of habeas corpus operates to safeguard the liberty
of a person:
The in his behalf petitions the proper court,
which immediately issues the writ. It is sent to the person having another
in his custody. Such person is order ed to produce the prisoner in court at a
specified time, together with an explanation of the cause of the detention,
called the.r1Jg_f:!. After the order is obeyed, the judge scruti nizes the return
and then decides whether it shows that the imprisonment is authorized by
law. If so, the prisoner is remanded- sent back to custody. If not, he is set
free at once by the judge.
2
Suspension of the privilege of the writ.
"(be Pi.V..iJ.f!ile of the writ of habeas corpus (not the writ itself) ,
. by the (Ar'f.' VII; only of i.IJ.yasio.!! or
' , pul?lic it.
3
Consequeb.,tly, the person under
. - '"'--- . \
detention by the government may not obtain his liberty by its use.
While the person detained must still be produced in court, 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. Unlike i n cases where the privilege of the writ
is available and in full force and effect, the judge thus may be prevented in
the event of suspension from determining whether or not the detention is
authorized by law.
4
But the Supreme Court is empowered to inquire, in an
appropriate proceeding filed by any citizen, whether or not there was
factual basis to justify the suspension by the President of the privilege.
'Villnvwencio vs. Lukban, 39 Phil. 778.
2
See Chafee, The Most Important Ri ght in the Constitution, 32 Boston Univ. Law Rev.
143; see Rules of Cour t, Rul e 102.
!YJ'bc phrase "or imnUnent danger ther eof ' in the former provis ion has been deleted
hecause of its ambiguity.
See Tanada and Fernando, op. cit., p. 530.
SP.C. 16 ART. lll. - BILL OF RIGHTS 117
The suspension _?f the writ the State "to hold in
and trial of perscms who_
E,lot agafnst it.'o:r cqrpm.it acts that .. endanger its (see Sec.
13.)
This topic is further discussed under Article VII (Executive Depart-
ment), Section 18.
SEC. 16. All persons shall have the right to a speedy disposi
tion of their cases before all judicial, quasi-judicial, or adminis
trative bodies.
Right to speedy disposition
of cases.
(l). ... the time-hQnored_
as &tate.d. in.the . ..2ld fi.ic.wra..- 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. One need not stress the fact that a long delay
in. 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.
On the other hand, __ c;>[ "tl").,eright to a disposition
of. their . 1huruv .and faith in..their.

(2) The right to a speedy disposition of cases can be invoked only after
the termination of the trial or hearing of a case. Like the right to speedy
trial in criminal prosecutions (Sec. 14[2].), it is necessarily relative. It is
consistent with reasonable delays and usually depends on the circum-
stances.2
</) Under the present Constitution, the Supreme Court, all lower colle-
giate courts, and all other lower courts are required to decide or resolve
cases within a certain period of time. (see Art. VIII, Sec. 15l1J.) With the
setting of an absolute time limit in the disposition of cases, a court litigant
will not have towait indefinitely anymore for his case to be decided.
3
(,i.) The provision contemplates the disposition of cases involving pri-
vate interests not only before judicial bodies (i.e., courtsi. but also before
"See Padilla vs. Ponce Enrile, L-61388, April 20, I98:t
'Section 14 guarantees the right to speedy trial in criminal cases. Section 16 covers all
phases of any case before judicial, quasi-judicial, or administrative bodies from its filing to
its disposition.
2
Beavers vs. Haubert, 198 U.S. 77.
8
Examp1Ps of mea11ures intended to promote expeditious dispensation of justice are
Presidential Decrees No. 26, 77, 126 and 204; see Sec. 14, last sentence, supra.
118 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 17
quasi-judicial (i. e., agencies performing adjudicatory functions
similar to those of courts, like the National Labor Relations Commission,
Securities and Exchange Commission, etc.) and administrative bodies (i. e.,
executive agencies performing limi ted adj udicatory functi ons, such as the
bureaus under the differ ent departments).
SEC. 17. No person shall 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 placed .. li.nder the strongest temptation to commit the crime of
. and
(2) Humanity, because it prevents the extor t ion of confession by du-
ress. 1 - -- -....
The constitutional guarantee 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 self-incri mination applies in criminal 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 _ _purel y persona l an_t;l ma,y_l,>_e, _ It was never
intended to permit a person to plead t he fact that some t hird person might
be incriminated by his testimony, even though he were t he agent of such
person ..
4
It may not be invoked to protect a person against being compelled to
testify t o facts which may expose him only to public ridicule or tend to
disgrace him;
Ci ) It may not be invoked simply because the testimony might subject
one to some liability not arising from any criminal action;
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, L30123, NQv. 7, 1979; Hal e vs. Henkel, 201 U.S. 43.
Sec. 18 ART. IlL - BILL OF RIGHTS.
119
(4) It is applicable only to a n.ol fl _ ..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 shall be compelled to be a
witness against himself is limited to prohibition against
mQ.niC1!. .. 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 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:
\1) 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 footp1int;
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$) (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.
5
lbid.
6
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.
11
Villaflor vs. Summet.s, 41 Phil. 62.
12
People vs. Carillo, 77 Phil. 572.
'
120 TEXTBOOK ON THE PHILIPPINE CON'STTTUTION
Right against detention solely by reason
of political beliefs and aspirations.
Sec. 18
(1) In.ca.rc..e.miio_n,y.;i_(hQut r,:h.fJ.rges Upon the
declaration of mar t ial law on September 21 , 1972 under Proclamation No.
1081 of t he 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 attacking 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 members of cause-oriented and na-
t i onalist 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 writ of habeas corpus remained s uspended "for the crimes
of insurrection or rebellion, subversion, ccnspiracy or proposal to commit
such crimes and for all other 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 enrich-
ment 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 demon-
strations, or on mere suspicion of being subversives or communist sympa
thizers, and then charged with having committed crimes against national
security and public order.
(2) agg!.l)!.t hay!rtDr:.i..9TY!!.. ... of. conscience." - The inclu-
sion in the Constitution of the right against detention merely by reason of
one's political beliefs and aspirations is a r esponse to these r ecent events in
our history and manifests the great importance t he framers attach to it s
protection.
It is a positive declaration that within the democratic framework, 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 t hat henceforth, one can voice his
contrary views and ideas about t he exist ing 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.
denotes a condition of enforced, compulsory serv-
ice of one to another. It has been applied to any service or labor which is not
Sec. 18 ART. III. - BILL OF RTGHTS 121
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 involun-
tary servitude.
2
Human dignity is not a merchandise appropriate for
commercial barters or business bargains. Fundamental freedoms are be-
yond the province of commerce or any other business enterprise.
3
t()_P!.9.1J.iP.iti()f1.:
Not every form of labor is within the scope of the
provision. Thus, the prohibition does not apply:
o:J 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.);
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
1
Rubi vs. Provincial Board, 39 Phil. 660.
2
See Bailey vs. Alabama, 269 U.S. 269: \\'iJ::am.<, U.S. 4.
vs. Salazar, 82 Phil. 851.
Kaisahan ng mga Manggagawa sa Kahoy \:.. Gotamco Sawmill, 80 Phil. 521.
"Robertson vs. Baldwin. 165 F S. i'].').
122 TEXTBOOK ON THE PHILIPPINE CONSTITUTION 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 involv-
ing heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion
perpetua.
(2) The employment of physical, psychological, or degrad-
ing 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.
i
I
Right against excessive
Tl}e __ !!tl<!. qf.th_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 clearly so, considering the nature of the offens e
and t he ability of t he person punished t o pay the fine.
Right against cruel, degrading, or inhuman
punishments.
This right
1
as.. .from the right.. against the use .. of
.. LSe.c....l21.2.1), can only....be..inY:oked.aitez:...c.onYic.ti.un. for a crime.
(1) 8.arm afpunishment. -- It can be said that punishments are cruel
and/or inhuman when they involve torture or lingering death, such as
burning alive, mutilation, starvation, drowning, and other barbarous pun-
ishment. 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 certain
locality as a punishment is nei ther cruel nor inhuman and s o valid,
3
wrumil.bring,a_s_hame and
him to o.r .... 9..rJowenL.hiA...diinity and
.. .
6
U.S. vs. Pompeye1, 31 Phil. 245.
' Henlev vs. State, 41 SW 352; Dennis vs. Simon, 36 NE 832.
'U.S. Vl>. Valera, 26 Phil. 898; U.S. Sing, 37 Phil. 211.
1
See Weens vs. United States, 217 U.S. 349.
snut ace Ibid.
Sec. 19 ART. III. -BILL OF RIGHTS 123
(2) /iJ.usm.t.ity - It is ordinarily not taken
into account in determining whether the punishment is cruel or inhuman.
Hence, the mere fact that a punishment is disploportionate to the natule 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 condi-
tions should be dealt with by law. (Sec. 19[2}.) This cuntemplates the
improper, unreasonable, or inhuman applicatjon of penalties or punish-
ments (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 .. .. a..s.. .. to shock the
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.
4
See 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.
No. 7659 (D.ec. 13, 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.
124 TEXTBOOK ON THE PHILIPPINE CONSTITUTION
S()C. 19
( 1) Arguments against death penalty. - The proponents of the aboli-
tion of the death penalty are of the opinion that:
It is cruel and inhuman for the convict and family who are
traumatized by the waiting even 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-or a.' chance of rehabilitation and refor-
mation, 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 person of his life; God is the
giver of life and only He can take it.
7
(2) Arguments in favor of death penalty. - Those who advocate the
retention of death penalty say:
(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
his moral incapability to be rehabilitated and reformed;a
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.
1
The Cat holic Church has been the foremost advocate of pro-l ife movements acknowledg-
ing and defending the right to li fe. The Catechism of the Catholic Chur ch Cl992 edition> says:
"The t r aditional teaching of the Church has acknowledged as well-founded the right and duty
of legitimate public authority to punish malefactorR hy means of penalties' commensurate
with the gravity of the cri me, not excl uding in cases of extreme gravity the death penalty."
(Catechism. Section 2266.) The 1997 revision 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 responsibili t.y
have 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 basi cally cortveys the same idea as the 1992
edition. The doctrine, however, remains the same: the right should be exercised only in cases
of absolute necessity, that is, 'when it would not be po!!sible otherwi.se to defend 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 non-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.
is no statis tical evidence to prove that punishment by imprisonment alone has
been effective for purposes of rehabilit ation of criminals, particularly wit.h the subhuman
conditions in our penal ins ti tutions.
20 ART. Ill. - BILL OF RIGHTS 125
(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
has 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 non-
payment 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 disputes. It
should not render its aid to one who deems himself aggrieved by
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 i biti.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 recov-
erable 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 always been part of the ;;tatute book. specifically the
Revised Penal Code, and many sentences have been imposP.d , very few executions have been
cttuied out. The first execution by lethal inj ection of a convicted rapist was carried out on
February 5, 1999. It was 26 ago during martial law ..,.-hen a military tribunal imposed
the deat.h pena!ty by firing squad on the head of a dn::g-pu:; hing syndicate. He was shot in
public.
11
The State derives its authority ultimately from Gi:>d. not a criminal's right to life
give way to the right of tc sal f-defense''
'Tan vs. Stewart, 42 Phil. 809.
2
See Canaway V!; . Quintin, 42 Phil. 802.
126 TEKTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 21
are considered a s a punishment therefor, nor ( 2) fines and penalties
posed by the cour ts in criminal proceedi ngs as punishments for crime.
3
!A
.. to __ (as i t is not a debt).
In other words, debt , as used in the Constitution, r efers to civil debt or
one not arising fr om a criminal offense.
Meaning of poll tax. / '
(
A p.alLJax (or personal or capitation tax) is a tax of a fixed amount
imposed on individuals r esiding within a specified territory, whether citi-
zens or not, without r egar d to their property or the occupation 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 of poll tax.
The constitutional right is a measure dictated by a sense of h umanity
an d sympathy for t he plight of the poorer elements of the population who
c)fnot even affor d to pay thei r cedula or poll taxes, now community t ax.
5
t. , But a person is s ubject to impr isonment for violations other t han for
non-payment of the community tax (e.g., COm.J.!!UQ.ity t.l:i.X. .
certificate), and for non-payment of other taxes if so expressly provided by
the pertinent law.
SEC. 21. No person s hall be twice put i n jeopardy of punish
ment for the same offense. If an act is pwlished by a law and an
ordina nce, conviction or acquittal under either shall constitute
a bar to anot her prosecution for t h e same a ct.
Right against double jeopardy.
The means that when a person is charged
with an offense and the case is ter minated either by acquittal or conviction
or in any other manner without the express consent of the accused, the
latter cannot a gain be charged with the sa me or identical offense.
1
The guarantee protects agai nst the perils of a- second punishment a s
well as a second trial for the same 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
ART. HI. -BILL OF RIGHTS 127
tc:>r. exJste.n(:.e. of.
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 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."
2
See Rules of Court, Rule 116, Sec. 1; Rule 117, Sees. 5, 9; Rule 118, Sec. 1.
3
Galman vs. Sandiganbayan, 144 SCRA 43, Sept. 12, 1986.
Kepner vs. U.S., 195 U.S. 100; Trvno vs. U.S., 11 Phil. 726.
128 TEX'rBOOK ON THE PHILIPPI NE CONSTITU'l'lON Sec. 22
The second sentence contemplates double jeopardy of punishment.
for 'the same ac! (e.g., 1llegal const ruction) it applies although the
offenses charged are di fferent, one a of a statute and
the other of an ordinance. /
SEC. 22. No ex post facto law or bill of attainder shall be
enacted.
Meaning of ex post facto law.
An is one which, operating retrospectively -
( rJ makes an act done before the passage of a law, innocent when done,
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 rules of evidence, and r et:eives less testimony than
or different testimony from what the l aw required at the time of the
commission of the offense, in order to convict the otfend er.
1

They are:
(}) Ex post facto laws relate to penal or cri minal matters only {c;iY.il.
protected. by the.. nan-impairment
G2) They are retroactive in their operation; and
They deprive persons accused of crime of some protection or defense
previousl y avail able, t o their disadvantage. Ex post fact o laws are abso-
lutely prohibited unless they are favorable to the accused.
An example of an ex post facto law is a statute declaring as usurious
and unlawful, the rate of interest provided in a contract which was not
usurious under the laws in force at the time of the execution of the
contract.
2
Not e: Usury is no longer punishable by lcnv.
Meaning of bill of attainder.
ofattaindg_r is a legislative act which inflicts punishment without
a judicial trial.
If the punishment i s less than death, the act is called a b.il.l .9[p_gjft...uJJJ,...d
It is included within the meaning of bill of attainder as used i n
the Constitution.
vs. Hull, a Doll. 385; Me kin vs. \\'olfe, 2 J'hil. 74.
2
U.S. vs. Conde, 42 Phil. 766.
Sec. 22 ART. llL - BILL OF RIGHTS 129
Purpose of prohibition against bill
of attainder.
The prohibition against the enactment of bills of attainder is designed
as a general safeguard against legislative exercise of the judicial ft,nction,
or simply, trial h)' legislature.
(1) In a case where a law passed by the United States Congress de-
clared 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, the U.S. Supreme Court held that the enactment was
in the natur e of a bill of pains and penalties, the Congress assuming the
r ole of a judge and giving no hearing to the parties. Hence, the provision
was void.
3
Ql') A law passed declaring members of an association guilty of subver-
sion and subjecting them to imprisonment is unconstitutional because it
convicts and penalizes without the benefit of judicial trial.
~ f But the detention of a pri soner for a certain period pending investi-
gation and trial is not a punishment; it is a necessary extension of the well-
recognized power of the State to hold a criminal suspect for investigati(m.
4
3
U.S. vs. Lovett, 328 U.S. 303.
'People vs. Carlos, 78 Phil. 535.
-oOo-
Article IV
CITIZENSHIP
SECTION 1. The following are citizens of the Philippines:
{1) Those who are citizens of the Philippines at the time of
the adoption of this Constitution;
<2) Those whose fathers or mothers are citizens of the Phil
ippines;
(a) Those born before January 17. 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
t) Those who are naturalized in accordance with law.
Meaning of citizenship and citizen.
C.itizellfihi.p is a term denoting membership of a citizen in a political
society, which membership implies, reciprocally, a duty of allegiance on the
part of the member and duty of protection on the part of the State.
C i t . i ~ m is a per son having the t itle of citizenship. He is a member of a
democratic community who enjoys full civil and political riP,hts,
1
and is
accorded protection inside and outside the territory of the State. Along
with other citizens, they compose the political community.
To be a Filipino citizen, a person must belong to any of the classes of
citizens enumerated in Section 1.
Distinguished from nati onality and nationals.
From the point of view ofintemationallaw, the terms "citizenship" and
"citizen" do not exactly mean the same as "nationality" and "national."
The latter t erms have a broader meaning, embracing all who owe
allegiance to a state, whether democratic or not, without thereby becoming
1
Subject to special disqualifications provided by law.
130
Sec. 1 ART. lV. - CITIZENSHIP 131
citizens. Thus, prior to the granting of Philippine independence by the
United States on July 4, 1946, the Filipinos were deemed American nation-
als because they owed allegiance to the United States but were not citizens
thereof.
We can, therefore, 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, but because they owe allegiance to it, are not regarded
as aliens. While all citizens are nationals of a state, not all nationals are
citizens of a state.
Meaning of subject and alien.
A citizen is a.!'Ilember of a democratic community who enjoys full civil
and political rights. In a monarchial state; he is often ca lled subject.
/ ' ""
An q,(f,n is a citizen of a cou.ntry .who is residing :n or passing through
anqthe; He 1s popularly called "foreigner." He is not given the full
rights to. citizenship (such as the right to vote and to hold public office) but
is entitled to receive protection as to his person and property.
General ways of acquiring citizenship.
They are:
Inv.Ql!IJJ:"jgr:t. .. - By birth, because of blood rt:!lationship or place
of birth; and
Y.o.lunJaty.methili:L - By naturalization, 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.
These two modes of acquiring citizenship correspond t o the two kinds of
citizens- natural-born and naturalized citizens. (infra.)
Citizens by birth.
There are two principles or rules that govern citizenshi p by birth,
namely:
( 1) J.u..s..sangu.inis. -Blood relationship is the basis for the acquisition
of citizenship under this Tule. The children foll ow the citizenship of the
parents or one of them. This is the predominating principl e in the Philip-
pines (see Sec. 1[2].) ; and
(2) s_oli.o.I.J!J..S l(J.Cf. - Place of birth serves as the basis for acquiring
citizenship under this rule. A person becomes a citizen of the state where
he is born irrespective of the citizenship of the parents. '!'his principle
prevails in the United States. It does not mean though that the principle of
jus sanguinis is not likewise r ecognized.
132 TEXTBOOK ON THE PHILIPPINE CONSTITUTION
Citizens at the time of the adoption
of the Constitution.
Sec. l
The citizens referred t o are those considered Filipino citizens
2
under
the 1973 Constitution at the time of the effectivity of the new Constitution
on February 2, 1987 by virtue of Proclamation No. 58 of the President.
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. However, it is
not the intention uf the Constitution to legalize the stat1.1s of those who
acquired their citizenship through fraudulent means. 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.
Citizens by blood relationship.
The Philippines, in accordance with Section 1, paragraph 2, foll ows the
princi ple of jus sanguinis. In the determination of the citizenship of the
child, Filipino mothers are placed by the Constitution on equal footing with
their husbands. This dignifies the Filipino woman. )i'he father or mother
may be a natural -born Filipino or a Filipino by naturalization or by elec-
tion. Under the provision, a child born of a Filipino citizen is a citizen of the
Philippines although illegitimate since the Constitution does not make any
distinction.
ilf the child is born in a state where the rule of jus soli obtains, or the
chlld's father or mother is an alien whose country follows also the principle
of jus sanguinis, it would be a case of dual citizenship. (see Sec. 4. )
Citizens through election under the 1935
Constitution.
Under the 1935 Constitution, a child born of a Filipino mother, who
was married to a forei gner, is born an alien and remains an a lien during
his minority until he elects Philippine Prior to such election,
he has an inchoate right to Filipino citizenship.' If he is born after the
ratification of the 1973 Constitution on J anuary 17, 1 he is a citizen
2
(1) Those who are citi:zens of the Philippines at the time of the adopti>n of this
Constitution; (2) Those whose fahers or mothers arc citizens of the Philippines; (3) Those
who elect Philippine citizc:1ship purs uant to the provisions of the Constitution of nineteen
hundred and thirty-five; (4) Those who are naturalized in accordance with law. (Art. III, Sec.
1, 1973 Constitution.)
aThose whose mothers are citi zens of the Philippines and, upon reaching the age of
majority, elect Philippine citi1.e nship.'' (Art. VI, Sec. 11 4) thereof.) The phrase "upon reaching
the age of majority" has been construed to mean within a reasonable period after reaching
the age of the majority. Generally. election should be made within .three yeau afterreaching
such age. (Op. of Sec. of Justice No. 129, S. 1948.) .
'See VillahermoRa vs. Corom. of Immigr ation, 80 Phil. 54l: But there is no need to elect
Philippine citi zenship if during his minority his mother her citizenship.
Sec. 1 ART. IV. -- CITIZENSHIP 133
under Section 1, paragraph 2 thereof, making the <:hildren of a female
citizen Philippine citizens without having to make an election. In the latter
instance, he is a citizen from birth.
The rule then, as it is now, is that a Filipina does not lose her citizen-
ship by her marriage to an alien. (Sec. 4.) However, 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 Janu-
ary 17, 1973) are to be considered as natural-born Filipino citizens. Under
Section 1, paragraph 3 in relation to Section 2, they ar e now declared as
natural-born citizens.
chU4.l.oJl9.WltJ_he citizenship of hi.a..kgaliy_kn.o:w.n.:par-
en.t...t.he..mo.th.er.Hencf...the.r.e. ja.also no need to
Citizens by naturalization.
In the contemplation of the Constitution, even those who are not Fili-
pino citizens at birth and who cannot take advantage of the right given to
the children of Filipino mothers, may become citizens by naturalization. In
other words, citizenship may not be based on the principle of jus sanguinis.
Section 1, paragraph 4 which declares as citizens of the Philippines
"those who are naturalized in accordance with law" possesses great signifi-
cance. 1
u/6ertain rights and privileges, duties and obligations limited to
Filipbio citizens.- Under our Constitution and our laws, there are certain
rights and privileges that could be enjoyed only by Filipino citizens. Thus.
under the Constitution, only qualified citizens can exercise the right of
suffrage. <Art. V, Sec. 1.) N') person may be elected President or Vice-
President or member of Congress, or appointed member of the Supreme
Court or any lower collegiate court, or member of any of the Constitutional
Commissions, or of the Central Monetary Authority, Ombudsman or his
Deputy unless he is a natural-born citjzen of the Philippines. (see Art. VII,
Sees. 2 and 3; Art. VI, Sees. 3 and 6; Art. VIII, Sec. 7(lj; Art. IX. B-Sec. 1( 1],
C-Sec. 1[1], D-Sec. l[lJ; Art. XI, Sec. 8; Art. XII, Sec. 20.l
From these positions, naturalized citizens and citizens by election are
barred by the Constitution.
(2) Constitution nationalistic in character. -- The Constitution is
tionalistic in character. (see Art. XII, Sees. 1, 2, 3, . 10. 12, 13; Art. XIV,
Sees. 4[21, 14, 15, 16; Art. XVI, Sec. 11.) Even the Preamble speaks of "our
patrimony" and of securing to ourstlves and "our the blessings of
independence and democracy.
(3) Care in granting or denying privilt!ge of naturalization essential. -
If the privilege ofnaturali:r.ation would be granted on easy terms to foreign-
ers not seriously intent on acquiring Filipino citizenship but only desirous
of improving his economic condition, then it is likely that the nationalistic
provisions of the Constitution would be reduced to a barren form of words.
134 TEXTBOOK ON THE PHIUPPINE CONSTITUTION Sec. 1
On the other hand, extreme care must be taken that our naturalization
law, in barring undesirable aliens, does not unduly discourage the worth-
while aliens who are likely to be valuable additions to the ranks of Filipino
citizens. For them, too rigid an application of a naturalization law may
prevent t hem from attaining Philippine citizenship. Not only they but the
country may be the loser.
5
(4) Ideal policy on naturalization. - T,he policy on naturalizat ion should
be guided by our own national interest. Perhaps the ideal is that only those
who have come to love the country, who have integrated t hemselves into
the cit izenry, and who can cont ribute to the development of the nation
should be conferred citizenship by naturalization.
6
Meaning of naturalization.
Naturalization is the act of formally adopting a foreigner into the
state and clothing him with the rights and privileges of
citizenship. It implies the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body politic.
7
Nature of naturalization.
An alien does not have a natural, inherent or vested right to be admit-
ted to citizenship in a state. Citizenship is a matter of grace, favor or
privilege which a sovereign government may confer on, or withhold from,
an alien or grant to him under such conditions as it sees fit without the
support of any reason whatsoever.
8
Citizenship in our Republic, be it ever
so small and weak, is always a privilege; and no alien, be he a subject of the
most powerful nation of the world, can take such cit izenship for granted or
assume it as a matter of right.
9
In view of the above principles, the rule is t hat in case of doubt
concerning the grant of citizenship, such doubt should be resolved in favor
of the State and against the a pplicant for naturalization.
10
Ways of acquiring citizenship by naturalization.
A person may be naturalized in three ways:
(1) By -The foreigner who wants to become a
Filipino citizen must apply for naturalization with the proper Regional
Trial Court. He must have all the qualifications andnone of the disqualifi-
F.M. Fer nando, Phil. Pol. Law, p. ll 5. .
see No. 270 and Naturalization," by Sol. General Estelito P. Mendoza, IBP
Journal , Vol. 3, No. 4, p. 265.
7
2 Am. Jur. 651.
8
See 3 C.J.S. 832-834.
9
Ng Sin vs. Republic, 97 Phil. 9A8.
wcheng vs. Republic, L- 16999, June 22, 1965.
Sec. 2 ART. IV. - CITIZENSHIP 135
cations provided by law, and must comply with all the procedure and
conditions prescribed. The Revised Naturalization Act
11
is the present
naturalization law. Such law shall also continue in force pursuant to the
transitory provisions of the Constitution (Art. XVIII, Sec. 3.); or
(2) Jb ... cJ,.irect_ act of C.o!lgress. - In this case, our law-making body
simply enacts an act directly conferring citizenship on a foreigner; or
- Under R.A. No. 9139 (Jan. 8,
2001), known as "the Administrative Naturalization Law of 2000," aliens
born and residing in the Philippines may be granted Philippine citizenship
by administrative proceedings before a Special Committee on Naturaliza-
tion, subject to certain requirements dictated by natiqnal security and
interest. The applicant must possess all the qualificati.mls and none of the
disqualifications provided in the law. The petition for citizenship shall be
filed with the Committee which has the power to approve, deny or reject
applications for naturalization as ptovided in the law.
SEC. 2. Natural-born citizens arE'; those who are citizens of
the birth without having to perfonn any act to
acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Sec-
tion 1 hereof shall be deemed natural-born citizens.
Kinds of citizens under the Constitution.
They are:
( 1) They refer to those:
who at the moment of their birth are already citlzpn_;; of the
Philippines, and
C) do not have to perform any act to acquire his Philippint> r.itiJ.Pn-
ship. So, a child born of Filipino parents, or a Filipino fath"'r or a
Filipino mother after the ratification of the 1973 Constitution on ,J ::\nu-
ary 17, 1973, is natural-born citizen. 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. (see, R.A.
No. 9225, infra.)
The term, however, includes the citizens mentioned in No. (2) (except
naturalized citizens) and No. (3) below. In effect, all citizens are natural-
born except who are naturalized and who subsequently reacquired
HC.A. No. 473, 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 .she does not have any of the disqualifi-
cations under the law. (N. Chiong v.s. Galang, L-21426, Oct. 22, 1975; see Pres. Decree No.
1379, May 17, 1978.)
136 TEXTBOOK ON THE PHILIPPINE Sec. 3
t heir citizenship. Those born of Filipino mothers before J anuary 17, 1973
but who failed to elect Philippine citizenship upon reaching the age of
majority (see Note 3. ) are aliens but they can be Filipino citizens by
naturalization;
(2) t_i_f!l:e. .o.f.t.h.,.g _ad.9.PJ!O..l1 .. Qit.h&..JJ&W Contitution. - They
r efer to t hose who are considered citizens of the Philippines under t he 1973
Constitution at t he time of the adoption of the new Constitution (supra.);
(3) - They refer to t hose born of Fihpino
mothers before January 17, 19'73 who, upon the age of majority,
elect Phili ppine citizenship after the r atification of the 1973 Constitution
(even pr ior t o the effectivity of the new Constitution on Feb. 2, 1987)
pursuant to the provi s ions of the 1935 Constitution. (Sec. 1[3]. ) They are
placed on t he level as t hose born of Filipino mothers on or after January 17,
197:3; and
( 4) citizens.- They refer to those who were originally
citizens of another count ry, but who, by an intervening act (i.e., nat uraliza-
tion), ha ve acquired new citizenship in a different country.
SEC. 3. Philippine citizenship may be lost or reacquired in
the manner provided by law.
Loss of citizenship.
A Filipino citiz<>n may lose h is citizenship in any of the following ways
and/or events:
(1) They are: .


h. naturalization in a foreign country (see R.A. No. 9?25, in-
f:a l .
111 by
'f ) 0f to support the constitu-
l ion and laws of a foreign country; and
(li ) by t !:1.o..de:rin.g. s.ervice to, or in the armed
forces of a foreign country (except under certain circumstances); and
!2) } rHJQluf!tp,ril;y. - They are:
(a:) by_ of naturalization by the court;
and ...... -- -
(b) by having been declared by competent authority, a in
the Philippine armed forces in time of war. - - --- -
The voluntary loss or renunciation of one's nationality is called
tion .. In ti me of war, however, a Filipino citizen cannot expatriate himself.!
'Sec Sec. 1, C.A. No. 63, as amended by R.A. No. 106, 2039, and 3839.
Sees. 4-5 ART. IV.- CITIZENSHIP 137
Reacquisition of lost Philippine citizenship.
Qj ... ..
2
(.t) By provided the applicant possesses none of the
disSualifications provided in the naturalization law;
3
By of the Philippjne armed forces and
women who lost their citizenship by reason of marriage to an alien, after
the termination of their marital status; and
By d.irec.t act of the Congress of the Philippines.
effected by merely taking the necessary oath of alle-
giance to the Republic of the Philippines and registering the same in the
proper civil registry. , . cih'ttl'IJ'I'ln

,,qt.,,,:cdl7<ri>L-..
. "'( e t ,... f'.,J1 T 1 \
'"' 1JS . "''
1
1' I :'1\ . " 1\ '[\-.
\'V ,1 '
SEC. 4. Citizens of the Philippines who marry aliens shall
retain their citizenshipt unless by their act or omission they are
deemed, under the law, to have renounced it.
Effect of marriage of citizen
to an alien.
Under Section 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, he/she acquires her/his nationality.
The .. th.cir_ ru:Lor_..omissiruLthey areH .. deem.ed,
.r.e.ru>.unte.d .the.ir . .ci.ti.zenship," such as (under an
existing law) subscribing to an oath of allegiance to support the constitu-
tjon and the laws of a foreign country. A Filipino woman, who upon
marriage to an alien acquires his citizenship, will possess two
--Philippine citizenship and that of her husband.
SEC. 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
Dual allegiance of citizens.
Section 5 prohibits more particularly naturalized Filipinos from prac-
ticing what is called "dup.l which refers to the continued al1e-
giance of naturalized nationals to their mother country even after they
2
Commonwealth Act l':!P 63, as amended. g<m:>rr.,; the rn11nner by which Philippine
citizenship may be lost and rt>acquind. RA. :\c.. 9225 cn(ro allows natural-born citizens to
rt>tain their aft"r being naturaliz('d in a for<>ign country, amending C.A. No. 63
undt>r which natural horn Filipino$ who become n<Huralizt>d citizens of another country
automatically lo!;e their Filipinu f.'itizemhip.
No. -tn.
1!:18 TEXTBOOK ON THE PHILIPPINE Sec. 5
have acquired Filipino citizenship. It is declared inimical to national
interest, and Congress is r equired that it be dealt with by law.
1
on the other hand, refers to the possession of two
citizenships by an individual, t hat of his original citizenship and t hat of the
country where he became a naturalized citizen.
Note that what Section 5 prohibits is not dual citizenship (see Sees.
1[21, 4.) but dual allegiance of citizens. Dual arises because our
laws cannot cont rol laws of other count ries on citizenshi p. While it is not
per se objectionable, the status of dual citizenship may be r egulated or
restricted by law where it is conducive or could lead to dual allegiance.
In t he case of public officers and employees, whether elective or
appoint ive, dual cit izenship may btl const it utionally pr ohibited by law for
as public servants, they are required to serve the people "with utmost x x x
loyal ty" and "act with patriotism" (Art . X!, Sec. 1.i in t he performance of
their duties and functions .
fletention and reacquisition of citizenship.
;\;. Filipinos abroad may now acquire dual citizenshi p. __ 922, the
"Pt izenshi p Retention and Ac_!,_Qf J approved August
2.9,.-2603.), .. deClares1 tthe -poilcy. of the State that all Philippine ci t izens
who become citizens of another country shall be deemed not t o have lost
their Philippine citizenship under the conditions of the Act.
( 1) -- Any provision of law to the
cont r ar y notwithstanding, of the Philippines who
have lost their Philippine citizenship by r eason of their naturalization as
citizens of a foreign count ry are deemed to have r e-acquired Philippine
citizenship upon t aking the following oath of allegiance to the Republic:
"I _, solemnly s wear (or affir m) t hat I will support
and defend the Constitution of the Republic of the Philippines and obey
the laws and legal orders promulgated by t he duly constituted aut hori-
ties of t he Philippines; and I her eby declare that I r ecognize and accept
t he authorit y of t he Philippines and will maintain t rue faith
and allegiance thereto; and tha t 1 impose t his obligat ion upon myself
voluntarily without mental reser vation or purpose of evasion ."
The nat ural-born citi zens of the Philippines who, after t he effectivity of
the Act , become citizens of a foreign country shall r etain their Philippine
citizenship upon taking the aforesaid oath.
' The insertion of t he provision was directed mainly to leading members of the Filipino
Chinese community who continued to maintai n their close ties wit h either the Republic of
Chi na 10r Taiwan or the People's Republic of Chi na on t.he mainland t hrough massi ve
economic in\' eStment s and open polit ical act ivit ies there. It was clai med that the Federation
of Filipino-Chine::e Chamber of Commerce (FFCCC) was even r eprcent ed in the Legislative
Yuan of Taiwan.
Sec.5 ART. IV. -CITIZENSHIP 139
(2) Derivative citizenship. -The unmarried child, whether legitimate,
illegitimate or adopted, below 18 years of age, of those who re-acquire
Philippine citizenship upon effectivity of the Act shall be deemed citizens
of the Philippines.
(3) Those who retain or re-
acquire Philippine citizenship under the Act shall enjoy full civil and
political rights and be subject to all attendant liabilities and responsibili-
ties under existing laws of the Philippines and the following conditions:
(.e.) Those intending to exercise their right of suffrage must meet
the requirements under Section 1, Article V of the Constitution, R.A.
No. S189, known as "The Overseas Absentee Voting Act of
2003," and other existing laws;
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, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized to
administer an oath;
Those appointed to any public office shall subscribe and swear
to an oath of allegiance to the Republic oi the Philippines and its duly
constituted authorities prior to their assumption of office. They must
renounce their oath of allegiance to the foreign country where they took
that oath;
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; and
(e-) The right to vote or be elected or appointed to any public office
in the Philippines cannot be exercised by, or extended to, those who:
Of are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
(2) are in active service as commissioned or non-commissioned
officers in the armed forces of the country of which they are natu-
ralized
Rights with corresponding obligations .
.Jjitizens should realize that for every right (see Art. III.' there .must be
a c8rresponding duty. If the people are aware not only of their rights but
also of their obligations, there will be less misunderstanding and less
conflict in society. 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.
2
Secs. 2-5, R.A. No. 9225.
140 TEXTBOOK ON THE PHILIPPINE CONSTITUTWN Sec.5
Rights become fully available for enjoyment only when all the
without exception, comply loyally with all their obligations. The rights to
life, liberty, and property, for instance, are but partially available for
enjoyment so long. as t here are members of t he political community who are
deficient in that necessary complia nce.
Conversely, t he enjoyment of rights becomes ample and real to the
degree that the citizens willingly carry cut their obligations. a
.. of
Among others, the more important duties and obligations of every
citizen i n a democratic society are enumerated and explained below.
(.:() To be loyal to the Republic. - By loyalty, we mean faith and
in the Republic and love a nd devotion to the country. The citizen
must be proud of his country, its customs, traditions, language, and insti-
tutions. He must share in its glories and feel sad in its misfortunes.
4
It is
the "home of our people, the seat of our affections, and the source of our
happiness and well-being."
5
A citizen owes, not a qualifi ed and tempor"lry, but an absolute and
permanent allegiance which consist s in the obligation of fidelity and obedi-
ence to his governmf:nt.
6
He must not commit any act of disloyalty, such as
treason, rebellion, sedition or other s imilar act. On the contrary, the citizen
mus t be willing and ready whene,er necessary to cast his life and fortunes
in defense of his count r y.
(2) To defend the State. - Men may differ and do differ on religious
and creeds, government policies, the wisdom and validity of laws,
even t he correctness of judicial decisions and decrees , but in t he field of
love of country, national unity, and patriotism, they can hardly afford to
differ for these are matters in which they are mutually and vitally inter-
ested, for to them they mean national existence or survival as a nation or
national extinction.'
"Love of country, however, is not shown by words but by deeds. It is not
an occasional virtue to be exhibited new and then; it is a flame that should
be kept constantly aglow in our hearts. It an unflinching determina-
tion to serve and defend one's country at all times and at. all costs."-!!
The citizens receive benefits and protection from the State of which
they are a part. In 1eturn, it is their primary and honorable duty to defend
it against any peril, whether from within or from without. (see Art. II, Sec.
3.)
Laurel, Forces that Ma ke a Nation G1eat, p. 10.
See G.F. Zaide , op. cit., p. 263.
of Cit izenshi p and Ethics.
6
Laurel vs. Misa, 76 Phil. 372.
7
Ger ona vs. Sec. of Education, 106 Phil. 2.
SJ.P. Laurel , op. cited, p. 12.
Sec.5 ART. IV. - CITIZENSHIP 141
(.3) To contribute to the development and welfare of the State. - 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. Anything that affects
the country and the people as a whole indirectly affects him, individually
and personally. He is affected by its ills and disorder, its growth and
stability.
The citizen can contribute to the development and welfare of the State
in many ways- by paying taxes willingly and promptly, by cooperating in
its activities and projects (such as the preservation of peace and order,
conservation of the natural resources and the promotion of social justice by
suggesting or supporting measures beneficial to the people as a whole), by
patronizing local products and trades. by engaging in productive work, etc.
The citizens should ask not w h t ~ l the country can do for them. They
should rather ask themselves what they can do for their country.
(4) To uphold the Constitution and obey the laws. -The Constitution
is the expression of the sovereign will of our people. It is the shrine for all
the hopeR and visions fot our nation. Laws are enacted in accordance with
it for the good of all. It is, therefore, the duty of every citizen to defend and
respect the Constitution and obey the laws. If the people would disregard
them, the government would collapse, and this would mean lawlessness
and the di sintegration of the social order. The Constitution contains provi-
sions designed to insure that it is accorded the due respect that it deserves.
(see Art. VII, Sec. 5; Art. VIII, Sec. 5[2, a]; Art. IX, B-Sec. 4; Art. XIV, Sec.
3[1]; Art. XVI, Sec. 5[11.)
($) To cooperate with duly constituted authorities. -- Community living
imposes obligations and responsibilities upon the individual. The larger
interests of the group and the nation that he must serve necessarily involve
his own, and he would be recreant to the claims of those interests if he did
not actively concern himself with the affairs ofhis government.
9
It is not enough, for example, t hat a citizen should take care that in hi s
daily life he does not violate any of the multitudinous rules, regulations,
and ordinances of the State. He must also see to it that the laws are
observed by the whole community, that the officers of the law attend to
their enforcement and properly perform their duties. Supine and passive
inaction is worse than actual and flagrant infringement of the law of the
land. In the latter case, the law itself provides a remedy and administers a
corrective measure to the erring individual.
But the law is powerless to deal with that type of citizen, 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, who is lacking in civic pride that he tolerates the evil
9
[bid. , p. 85.
142 TEXTBOOK ON THE PHTLIPPINE CONSTITUTION Sec. 5
and graft in the community without even taking any step looking towards
their eradication, who has such a distorted sense of civic values the.t sv
long as his selfish pursuits are not molested, 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 .
10
To exercise rights responsibly and with due regard for the right s of
-Society is composed of men, each with interest of his own. In the
course of life, the interests of man conflict with those of many others.
Amidst the continuous clash of interests, t he ruling social philosophy
should be that, in the ultimate social order, the welfare of every man
depends upon the welfare of all.
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." He
must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due and observe honesty and good faith.l
2
The classical theory that "he who uses a right injures no one" is repugnant
to the modern concept of social law. For this reason, it is not permissible t o
abuse our rights to prejudice others. Thus, the owner of a piece oflan<i who
erected on one side of his property a very high wall, without any advantage
to himself, in order to deprive his neighbor of light and air
13
or to prevent
the latter from having a view over the nearby sea,
14
cannot argue that he
was merely doing what he had right to do under the law with his property.
This act is wrongful and cannot be justified by pleading a proprietary right.
The right to liberty guaranteed by the Constitution is not an unre-
stricted license to do exactly as one pleases. It is only freedom from
r estraint under conditions essential to the equal enjoyment of the same
right by othcrs.v; In the words of Mabini, "liberty is freedom to do right and
never wror.g. It is ever guided by reason and the upright and honorable
conscience of the individual."
16
(7) To engage in gainful work. - Employment is not the obligation
solely of the State. (see Art. II, Sec. 9.) Every citizen should considei it his
own responsibility and should strive to become a useful and productive
member of society to assure not only himself but, perhaps, more important,
his family a life worthy of human dignity. "The essence of Jife is work.
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.M. 'l'olentino, op. cit., p. 56.
12
See Art. 19, Civil Code.

Tuhr, 267-268, cited by A. M. Tolentino ..


"3 Colin and Capitant, 835-836, cited by A.M. Tolentino.
URubi vs. Prov. Board, a9 Phi l. 660.
Jijfbi d. '
Sec. 5 ART. IV. -- 143
from the cult of ease or self-complacency but from the crucible of grim
struggle and patient industry."
17
It is assumed, of course, that employment opportunities are present,
for without them, full compliance with the constitutional mandate cannot
be expected.
(81 To register and vote. - Suffrage is both a privilege and a duty
which every qualified citizen must perform. It is through suffrage that the
will of the people is expressed. The quality of public officials and the
policies of the administration, indeed the success or failure of the govern-
ment, depend, directly or indirectly, upon the voters.
The constitutional obligation is not complied with simply by registering
and casting a vote. It carries with it the duty of using mature and inde-
pendent judgment and reflection on the issues presented and/or the qualifi-
cations and fitness of aspirants for public office. The voters should particu-
larly be discriminating and even skeptical in evaluating the credentials of
candidates, especially those for President and Vice-President, because the
election of the wrong candidates could adversely affect the lives of our
people and the destiny of our nation. They should look beyond their physi-
cal attributes and flamboyant rhetorics and what their propagandists
make them appear to be, scrutinizing their track record in public office,
their experieace, educational background, and leadership qualities, as well
as their lifestyle to get a true gauge of their character, capability, and
sincerity to serve the people.
In short, the voters should judge candidates on the basis of personal
attributes (who he/she is), platform (what he/she stands for ), and track
record (what he/she has done).
In our form of government, where the conduct of public affairs is
regulated by the will of the peopl e or a majority of them, expressed through
the ballot-box, the importance of suffrage can hardly be overemphasized.
"If exercised with purity and noble purpose, it is the security of popular
sovereignty. On the other hand , if perverted or basely surrendered because
of money and favors," or apathy of the people to the need to guard and
protect their votes zealously against election frauds, "it serves instead to
undermine the entire edifice of our democratic


The people are the arbiters of their destiny, and if they allow them-
selves to be fooled, threatened, or bought, they m<)St certainly deserve the
kind of government that they get.

Laurel, op. r.ited, pp. 4 1-45.


18
/bid.
- oOo-
Article V
SUFFRAGE
SECTION l. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who a re at least
eighteen years of a ge, and who shall have resided in the Philip-
pines for at least one year and in the place wherein they propose
to vote for at least six months immediately preceding the elec-
tion. No literacy, property, or other substantive requirement
shall he imposed on the exercise of suffrage.
Meaning of suffrage .
.. $yfl.!:!:l:g is the right and obLigation
1
to vote of qualified citizens in the
election of certain national and local officers of the government and in the
decision of public questi ons submitted to the people.
Nature of suffrage.
(1) .. ..!.:rJ:ereprjyilege. -Suffrage is not a natural right of the
but mer ely a privil ege to be given or withheld hy the Lawmaking power
s ubject to constitutional limit ations. Suffrage should be granted to indi-
vidual s only upon the fulfillment of certain minimum r.onditions deemed
essenti al for the welfare of society.
(2) -In the sense of a right conferred by the Consti-
tution, . .a...p!ilitic.Lr!&ht., enabling every citizen t o
participate i n the pr ocess of government to assur e t hat it derives its powers
from the consent of t he (see Art. II , Sec. 1.) The pr inciple t hat
of one man, one vote. (supra.)
Scope of suffrage.
Suffr age includes:
(1) - Strictly speaking, it is the means by which the people
choose their officials for definite and fixed periods and to whom they
'It is not, however, mandatory.
2
J'ungutt<n vs, Abubakar , L-33541, ,Jnn. 20, 1972.
144
Sec. 1 ART.V.--SUFFRAGE 145
entrust, for the time being as t heir r epresentatives, t he exercise of powers
of
(2) .. - It is the name given to a vote of t he people expressing
their choice for or against a proposed law or enactment submitted to them.
In the Philippines, the term is applied to an election at which any proposed
amendment to, or revision of, the Constitution is submitted to the people
for thei r ratification. (Art. XVII, Sec. 2.) Plebiscite is likewise required by
the Constitution to secure t he approval of the people directly affected
certain proposed changes affecting local government units may be
implemented (Art. X, Sees. 10, 11, 18.);
( 3) . .Rfl&re.nd.1JJ!1. - It i s the submission of a Jaw or part thereof passed
by t he national or local legislative body to the voting citizens of a country
for t heir ratification or rejection (see Art. VI, Sec. 32.);
(4) {!!:!ti.ali.ne. -It is the process whereby the peopl e directly propose
and enact laws. Congress is mandated by the Constitution to provide as
early as possible for a system of initiative and referendum. (]bid.) Amend-
ments to the Constitution may likewise be directly proposed by the people
through initiative (Art. XVII, Sec. 2.); and
It is a method 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. (see Art. X, Sec. 3.)
Qualifications of voters.
He must be:
(J) a citizen (male or female) of the Philippi nes;
(.2) not otherwise disqualified by law;
(a} at least eighteen (18) years of age; and
have 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<.:!:'ding the
election.
Age qualification.
Obviously, there must be somE: minimum age for \"Oting. one, no
matter how ardent his be hef in has ever cont endt?d that hum aT'
beings must be permitted to part.ir:-ipate in the s election of public offici als
from the day of their birt h. Thi::. _,;uffrage qualifi cati on is hased on the
assumpt ion that under a certain nge, human bei ngs do not have the matu-
rity. experience, education, and sense of judgment that will enable them to
vote with any reasonable degree of intelligence.
vs. Crcscini . 39 Phil.
146 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1
No general agreement exists as to the exact age at which the individual
supposedly attains the maturity sufficient for political participation. While
ther e is a minimum voting age in every state, no country, however, has as
yet seen fit to set a maximum age limit.
4
Residence qualification.
A must have been a permanent resident of t he Philippines for at
least preceding the election.
Six (i) :months residence in a province, city or municipality is consid-
ered the minimum length of time within which a person can adequately
familiarize himself with the needs and conditions and the personalities of
the locality. Giving him a right to vote before that period, it is contended,
will result in unpurposive and mechanical voting.
5
The requirement as to residence is desirable in order that registration
lists may be prepared and checked in ample time to prevent fraud.
6
Persons disqualified to vote.
The responsibility of determining who may be "disqualified by law,"
and, therefore, may be precluded from exercising the right of suffrage, is
left by the Constitution to Congress. As to who are disqualified to vote, the
law
7
enumerates them as foll ows:
(}) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not having
been removed by plenary pardon or granted amnesty. But such person
shall automatically reacquire t he right to vote upon expiration of .fiY.e.
after service of sentence;
(.2) Any person who has been adjudged by final judgment by competent
court or tribunal of having committed any crime involving di.s.loya.lty to the
duly constituted government such as rebellion, sedition, violation of the
anti-subversion and firearms laws, or any crime against national security,
unless r estored to his full civil and political rights in accordance with law.
Such person shall likewise automatically regain his right to vote upon
expiration of _five (5) years after service of sentence; and
(-!3) Insane or incompetent persons as declared by competent authority.
The above persons are not qualified to vote even if they have the
necessary qualifications.
'Schmnndt & Steinbickcr, op. cit .. p. 249.
3
See The Manila Tirnl!fl Guide to the Proposed Constitutional Amendments ltn 1973
Constitution), p. ao.
0
Jacobscn >lnd Lipman, ()p. cit., p. 82.
7
The Election Code of the Philippines lB.P. Big. 881.), Section 118.
Sec. 1 ART. V.- SUFFRAGE
Arguments justifying the lowering of voting
age from 21 to 18.
The following have been given:
147
(.1) It has t he effect of broadening the base of democratic participation
in the political process;
~ ) The voting age of21 years is as old as the Roman Empire; therefore,
it is obsolete;
~ ) It is the (alleged) findings of medical science that today's 18-year-
old is physically at least 3 years ahead of an 18-year-old of 1900;
~ ) The communication media explosion has resulted in making 18-
year-old citizens better informed than their parents;
(5') The Philippines is becoming an increasingly young country and the
youth are more idealistic and are more change-oriented than their elders;
(6.) The objection that 18-year-old citizens lack the maturity to exercise
an important political right widely is at best a debatable question;
(7) If at the age of 18 one can enter into a marriage contract, which is
the most important in the life of a person, there is no reason why an 18-
year-old should not be permitted to vote;
(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;
(9:1. 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; and
q,O) Voting is the major if not the sole participation of common citizens
in the political process of the State. It is, under present circumstances, the
most effective medium for securing consent to or rejection of government
short of extra-constitutional remedies. The smaller the number of elector s
in a particular community, the more limited the basis of consent . The
reduction of the voting age is consistent with the theory of popular sover-
eignty which is one of the fundamental premises of our government."
Arguments justifying removal of literacy
requirement.
The 1973 Constitution"removed the requirement under the 1935 Constitu-
tion on ability to read and write such that then as now an illiterate person has
the right to vote. The illiterate voter is not necessarity an ignorant voter.
The arguments for its removal have been summarized
9
as follows:
see 1970 UPLC Constitution Revision Project, pp. 219-225.
9
By the late Senator .Jose W. Diokno.
148 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1
"This requirement 1that a voter must know how to read and write]
cotJfuses literacy with intelligence. and learning with wisdom. A Fili-
pino does not cease to be a !t'ilipino because he is ilUterate; 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." Some 28% of our people- roughly
about 4.3 millions among us who are more than 21 years old - are
illiterates. They cannot, it is true, read newspapers or magazines but
they listen to the radio; they join conversations and discussions with
their neighbors at comer stores, at cockpits, and over the family wash;
they know what is happening in their community and in the country.
Yet they are denied the right to take part in their government and to
help shape their destiny.
Should we wonder that they would feel little loyalty to our democ-
racy, and fall victims easily to the evils of other ideologies that falsely
offer them the dignity of helping to shape destiny?
Granted that to give them the right to vote may pose practical
problems of how their votes could be cast and counted, but these
problems are not insurmountable. After all, our first election law did
not require literacy in order to vote- only property. Later on, property
ownership was eliminated and literacy substituted. Thus, from the rule
ofthe properties we pass to the rule of the learned. It is time we effect
the rule of the people."
10
Property requirement prohibited.
Under the present Constitution, Congress cannot also impose property
requirement for the exercise of suffrage. (Sec. 1.)
(1) Property ownership .nl!.t.P: qf.gJLi:fl_dividual's -The
justification.for the abolition of property qualification is the assumption
that ownership of property, per se, neither adds to nor detracts from a
man's capacity to function properly and fully as a social and political being.
Today, the argument that only property holders have "a stake in the
community" is considered obsolete. It is the person. .not. property,
that is to be represented, and given primacy in the hierarchy of values.
11
(2) in(:ons.is(erJ.t.w.iJh republican: ..
J.llJ.n:t?nt. - 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. II, Sec. 1.), and this, in
1
"1970 U.P.L.C. Constitution Revision Project, p. 222.
"Schmandt & Steinbicker, op. cit., p. 253.
Sec. 1 ART. V. - SUFFRAGE 149
turn, impli es necessar ily that the righ t t o vot e and t o be voted shall not be
dependent upon the wealth of the individual concerned.
(3) . .!!'!th _ s_oc_ial - .
justice presupposes equal opportunity for all, rich and poor al ike.'\.
(see Art. XIII , Sec. 1. ) Accordingly, no person sh a ll , by r eason of poverty, be
denied t he chance to vote and t.o be elected t o public office. In a case, t he
Supreme Court dedared as unconstitutional a law
1
l requiri ng all candi-
dates for public offices to post a s uret y bond equiva!ent to t he one (1) year
s alary or emoluments of the position for whkh t hey ar e candidates which
shall be forfeited if t he candidates, except when dN:lared winner, fail t o
obt ain at l east 10% of t h<J votes cast for the office to which t hey have tiled
their certificat es of candidacy. This law, accordi ng t o the Supr eme Court,
in effect, imposed a pr operty qualification. J:l
Other substantive requirements prohibited.
Congress is prohibited by t he Constitution to impose additional sub-
stant ive (not procedural) requirements for vot ing similar in nature to
literacy or ownership of pr1>perty. (Sec. 1.) Examples are:
( 1) As a general principle, the more education a man has ,
the better and more valuable of society he will be. Yet it is qui te
possible for a per son to become an important asset t o government and t he
social body with litt le or no formal schooling. Formal education itself is no
guarantee of good citizeni'hip or of intelligent voting. r'urther more, the
r equi r ement of a high school or even an el ement ary education would
disenfranchise large segments of the poorer classes of our population. '
1
(2) Sex. - The antagonis m in the past to female s uffrage stemmed i n
some d"egree from tho belief that a woman's place was in the home and that
the performance of public dut i e!> was the function of t he male members of
the family. In other cases, t he opposition was based on political expediency
rather than on principle. At t he present t ime, unless one is willing to
contend that women, simply by virt ue of t heir womanhood, are incapable of
free and i ntelligent social and political activity, t her e would seem t o be no
adequate or justifiable basis for depriving them of equa l voting r ights with
menY'
(3) Taxpaying a!Jj_lity. - This re::;triction i s related to pr operty require-
ment for .. cannot by law deny to an i ndividual t he right t o
vote on the ground that he' is exempted from taxation or is not li able t o pay
t ax or the t axes paid by him or for which he is liable during t he year a re
below a specified amount.
No. 442 1.
vs. Rorra, lfi SCRA 7. Sqll. 7. 1965.
"Schmandt and Steinbicker , op. cii., pp. 252-255.
16
/hi d.
150 TEXTBOOK ON THE PHILIPPI:--iE CONSTlTUTION Ser. 1
Compulsory suffrage.
The 1973 Constitution made registering and voting a mandatory obli-
gation of every qualified citizen.
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. In view of the permissive language of the Consti-
tution, it is doubtful whether the failure to perform the obligation to
register and vote can be criminally punished.
Shoul d voting be made compulsory?
(1) Arguments against compulsory ,c;uffrage. - Those who are against
any system of coercive voting say that it is not only undemocratic but that
no useful purpc.se would be served by dragging the people to the polls
against their will. They maintain that it is not the size but the quality of
the vote cast that is important, 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 intelli-
gently or to study the personalities and issues involved in an election.
18
Even assuming that the voter has the r ight to invalidate his ballot by
leaving it blank, still it would prevent those who feel strongly against the
candidates or the particular manner of holding an election from expressing
their moral indignation by openly boycotting the election and persuading
others to follow suit.
19
(2) Arguments in favor of compulsory suffrage. - The proponents of
compulsory suffrage, on the other hand, 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. Once
inter est is awakened by actual participation, the matter of coercion, they
feel, would become a secondary motive.
In the Philippines, for instance, it is not to see political
leaders dragging- their constituents to the polls on election day. This shame-
ful spectacle will not take place if suffrage were an obligation. It should be
noted that people are more prone to sell their votes if they depend on
pol iticians to bring them to the polling places. Furthermore, compulsory
suffrage is the only way of assuring the accurate representation of the will
of the people. If suffrage were not exercised then, the theory of popular
sovereignty (supra.) would become a myth.
In the long run, the participation of the people in the government
t hrough the ballot is more important than the result of an election or a
1
"Article VI, 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."
17
Schmandt and Steinbicker, op. cit., p. 257.
tP.Jacobsen and Lipman. op. cit. , p. 87.
1
!Yl'he !.\1anila Time;; Guide, supra, p. 32.
SP.c. 2 ART. V. -- SUFFHAUE 151
plebiscite. A defaulting maj ority will possible a government install(>d
only by a voting mia01ity.
Unfortunately, no defini te study has as yet been made of the effects of
compul sory voting in any of t he countries which employ it. Hence, there is
no way of actually determining whether the obligatory franchise improves
or detracts from representative government.:!<)
SEC. 2. 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.
The Congress shall a lso design a procedure for t h e disabled
and the illiterates to vote without the assistance of other per-
sons. Until then, they shall be allowed to vote under existing
laws and such rules as the Commission on Elections may prom-
ulgate to protect the secrecy of the ballot.
System for securing the secrecy
and sanctity of the ballot.
The right t.o vote has r efer ence to a consti t utional gua1antee of the
utmost significance. It. is a right. without which the principla of sovereignty
residing in the (Art. II , Sec_ 1.) becomes nugatory.' It is essential
then to insure that the voters !'hall exercise their right freoly, "uninfluenced
by threat s, intimidation or corrupt motives" and "to secure a fair and
honest count of the ballots."
2
To accomplish this aim, Congress is dir('cted
by the Constitution "to provide a system for securing the secrecy and
sanctity of the ballot."
With the of the illiterates and the cxis t cncl' of many
diflabled voters, this responsibility of the legislative body assnmt':> mor l'
importance. The sanctity of the electoral process requirflS of the-
vote. Cong1ess 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:; without
requiring the assistance of other persons, to prev1mt i_,t'ing
manipulated by unscrupulous politicinns to insure t..hP.ir at the
poll s. Perhaps, a method of voti ng by symboli' may be O(.'\i;:ed to: make it
possible for disahled and illiterate citinms to the- right of suf-
frage. :'
and "r>. l"i! .. p. 257.
'See Pungut.an v;;. Ahubakar, L-:3illi4l, .J.ln. :.!,. L<:-.!
2
G:\rdine-r Romulo. 26 Phil. 521.
tJn many progres;.;ivo n>tmtries with !<,rm,; o f f;i\\"Pr nnwnt., :.he vot;:ors
pnsh button;;: or <;h()o;;e amon;; the c<,jc.r.: ::i :.<, lr. ordcr l!l Lhf;'y de tot havc to
writ e 0(\tnes of candidat<s on tht'
1fi2 ON THE PICILIPPl NF. CONSTI TLITIOK Sec. 2
Until Congress provides for the appropriate procedure, they shall be
allowed to vote under the exi s ting law and such rules as the Commission on
Elections (Art. IX, A-Sec. 6, C-Sec. 2LJ J.) may promulgate to protect the
secrecy of the ballot. This prevents their disenfr anchisement while the law
referred to has not yet been enacted by Congresfi .
System for absentee voting
by quali1ied Filipinos.
Section 2 extends the ri ght of suffrage even to Filipinos abroad pro-
vi ded they possess all the qualifications mentiono.d therein and none of tlw
disqualificat ions provided by law.
4
Filipinos who by force of circumstances (e.g., 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. They are also
affec ted by the quality ofpublic officials and the policies of the government.
'I'hey remain liable to pay taxes, a nd arc subj ect to many of its Hence,
t hey sh ould also be given the constitutional r ight to vote . .>
Congress i s mandated to provide a system of absentee voting by quali-
fied Filipinos abroad. It is hound to set aside funds and othf!r r equirementR
for the purpose a nd to provide safeguards to ensure that overseas
are held in a free, dear and orderly manner.''
- oOo -
.-'
'Lo.cal..alls.cJllJ'II: vnti.rul_is provided R.A. N<1. 7166 26. 1991 J whereby govern-
ment nnd employees, induding of the Armed Forcc.-1 nf the Philippines
(AFP'> and the Phi li ppine National Police (PNPi. who are r egis tered ;1n allowed to
vot e for the of President, Vico-Prt>si den l, and Senator;;, in place!; wht>ro they are nnt.
registered hut. where they are t emporar ily assignerl on election clay l.o elcct.ion dut.y.
The snow privilege is given tq. teachers assi gned to pe;for m poll duty in placN; whP.re
they arc not rP.gi ,; t.er ed.
'The Con.t.i t.ut.ional Commission t.o benefit pnrticuiMly Fil ipino c>JHract. work-
ers in the Middle J::ast, Africa, Asia, the Americat< and who have and
remitting billi om:< c1f dollars a year. SAri(ms JHoblems and compli <'<Hionl' may arise, however.
with rcgpccL f.u who have pr!!Ctically abandoned their country for thr. prc>verbial
gr<'E'ncr pas l ur t>/; ilhroad and havo indicated <i desire to hcconH! cit.iT.ens of thdr adopted
count ry. rt would foolhar dy to (!XI.end :;uffn:1ge to t.hcnL
There mc an e:;timated 7 million f'i lipi no!:' a bro3d. (n the t:nited alone, there ar<.>
more than I million J'ilipino immigrant l' , and 11bout 500.000 have to c:nter and
remain illegally. according to T: .S. immigr ation ThE> Fil ipinos constitute, in fact, the
higg<:>st group o1 A!iian immigrant:::. lll<tking their ethnic presence felt. n(lt. only in America but
;1lso in many p :-lll.s of the world. Thoy havf.' not only relicnd tht< unemployment problem in
our count!y but. t ontributt'd greatly to () Ur economy.
"R.A. No. 9 1 i.:\9 ( Feb. 4. 200:!l IJr<>vi de;; for a systcrn nf overseas absentee voting ..
qu:Jtifi>?d cir. i;r.rns 11 hr'.lad . .For purpOS':'l' :>f t he Art, refers to th e process by
which qualified of thc :1broad exE' rci!<c tht>ir right t.o vot e. All citizens of
t.he Philippine!\ alnoad. who arc not ntherwise disqual ified by law. a t leas t. l H yean uf aj!c on
t.he dar of electi ons, may vote fn.r vice-president. ,.enators and 2art.v list. re>prc
The law enumerates who be disq,;a-iitfc(i""i';om vi)t\ng under ii.-- ----..
j .. '" . . ;., , .' . ' ' ' .. f . .:
Article VI
LEGISLATIVE DEPARTMENT
SECTION 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
Meaning of legislative power.
Legis/olive power is essentially the authority under the Constitution to
and subsequently, when the need arises, to -.;epea1
them.
1
It is the peculiar task of the legislature to prescribe general rules for
the government of This legislative fun ction involves the determi-
nation of the legislative policy and its promulgation as a defined and
binding rule of conduct
2
through the enactment of a law.
Meaning of law.
The term laws, as nscd above, refers to statutes which are the writtt>n
enactments of the legislature governing t he r elations of the p1:ople among
themselves or hetween them and the government and its age11cies.
Function of laws.
,
Through laws, the l egislature defines the rights lind rluti e!:' of citizen:::.
imposes taxes, appropriates funds, defines .. crimes and fM
punishment., creates and abolishes government dett:!nnin.:;; their
jurisdiction a nd functions, and in general, regulates human conduct and
the use of property for the promotion of t he common gc>(Jd.
Such laws are valid or void, a s tested by tht.ir conformity or non-
conformity to the Constitution.
'The law!; mu;;t. be in keeping with the tim<:'s. Wh:11 i ;; l<';:i<\ l i; r.-t just.. or may
hecome unj 11!>t because of changed conditions. Law;: 10 ju;;tic<' may in:; t.ead
serve to pmmote or perpetuate inj ustioo. That is'' hy ex: . l>!w.-; need amendment or
revision, or have to be repealed .
. :sec Ocr,ei1a v::;. COMELEC, 95 SCRA 75.5,
153
154 TEXTBOOK THF. CONSTITUTION Sec. 1
Legislative power vested in Congress.
By granting legi ::<lative power to the Congress of the Philippines
which is a double-chamber body consisting of the SEmate and the of
Representati ves, a hjcameral legislRture has been created in place of the
unicameral set-up provided in t he 1973 ConRtit.uti on.:
1
The 1935 Charter alsCl ClStnblished a bicamerallegislntnre.
Note: 'l'here is a daml)i' from several sectors to amend the Constitution
to repl ace the pres ent prcsidentiai form of government with a federal
unicameral parliamentary systl:'ul. (infra. )
Advantages of bicameralism.
Among the argumentA propounded in favor of bicameralism are:
l.lJ A chamber (Senate) is nccel';smy to serve as a check to ha::>ty
and ill-considered legi slation:
C2) It serves as a training gr<mnd for futu re l enders;
(3) It a fo r both and national inter-
ests;
(4) A i!' susceptible t o bribery and control of
big interests; and
(5:1 It is the traditional f<.lrm (:!f legislatiYc body dHti r.g from ancient
times; as sueh, il has been tested and proven in the crucible of human
experience.
4
Disadvantages of bicameralism.
Some of the argument.:; it <He:
(1) The bicameral has not ,,,...orkGd out as an effecti ve fi::>caUzing
machinery;
(2> Although it affords a double consideration of bill s, it is no assurance
of better and better deliberated legislation;
(3) It p1oduces duplication of efforts nnd serious of!.adlocks in the
enactment of important measures with the of hoth
"Con.irlered the ad,.>OJI/op,:; of lt uni<:unE.' r:> t it is morn
is P.a s il y tixl' cl : o. nci prompt in l egisl a t ion is a(' hieved. Its
ar,1: thern i;; 1111 chP.Ck again.<:s t ha sty and ill -considtr ed Jegis lnti<"l; it i;; more susceptibl e
t o the inflI\-n ('t> of big
The main !'Cnwn, hc.wcvt-r. fM <lllr.>plir>g a unicameml ll"jpsl aLun in the 1973 ConRtitu
LiN1 i:: th:\t it wa:; mr,rc s u i l,<rble t o a parliamentary of It
r<> tained with t.hf! instituti.m of ll mcHiiliPd parliament.ary by the 19kl cmstitution<) l
!HIH:rH.hnent..c:.
'rh-: Consti tutional Comwi ,;sion ,,-hil:h clraft . d the prns1:nt. voted in
fnvor ef
' 1886 UPL C0nslirut iJn l>f.'partm<:nt. , pp. 6-8,
Sec. 1 ART. Vl. - LEGISLATIVE DEPARTMENT 155
Houses, derisively called the "third chamber," practically arrogating unto
itself the power to enact law under its authority to thresh out differences;
(4) All things being equal, it is more expensive to maintain than a
unicameral legislature; and
(5) The prohibitive costs of senatorial elections have made it possible
for only wealthy individuals t o make it to the Senate; a nd as to the claim
that a Senate is needed to provide a training ground for future leaders, two
of our Presidents
5
became chief executives even if t heir service was con-
fined to the House of Representatives.
6
Scope of legislative power of Congress.
A grant of legislative powt1r means the grant of all legislative powers
7
for all purposes of civil government.
8
Accordingly, the legislative power of
Congress, except to the extent reserved to the people by the provision on
initiative and referendum (see Sec. 32.), may be characterized as plenary or
general (not enumerated) subject only to specific limitations in the Consti-
tution.
The delegated powers of our Congress are broader t han t he American
Congress. The latter's legislative powers are confined only to those granted
by the Federal Constitution. Hence, powers not granted or powers that
cannot be reasonably implied from the granted power s are denied to the
American Congress.
Classification of powers of Congress.
The primary function of Congress is to legislate. The Constitution,
however, has also expressly given it powers which are non-legislative in
character.
The powers of Congress may be classified into:
(1) -It is the power to enact laws intended
as rules of conduct to govern the relations among individuals or between
the individuals and the State. Congress can enact any l aw as long a5- it is
not contrary to the Constitution. a competent
.ourt.. Q .li:!.W .. .. .. k..oos.titu t.iQ.nal.
(2) - They are powers which t.he Cons titu,rion ex-
pressly directs or authorizes Congress to exercise like the power io choose
who shall become President in case two or more candidate.:: have an equal
and highest number of votes (Art. VII, Sec. 4, par. -t. 1. to confirm certain
appointments by the President (!bid. , Sec. 16. ' to promote social justice
' Ramon Magsaysay and Dios dado Macapagai
'
1
1986 UPL Constitution Proj ect, Lcgislattn Depa pp. H-11. President C. Aquino
is a plain housewife without any expcrienc:( m tht:
7
0campo vs. Cabangi!>. 15 Phil. 626.
RQcccna vs. COMELF.C. :::c,p,a.
, I
I ,., ,
. .
' .
156 TEXTBOOK ON THE PH!LIPPINI<: CO:\'STITUTTON Sec. I
iArt. XIII, Sl!C. l.); to declare the existence of a state of war (Sec. 23[11. ), to
( impose taxes (Sec. to appropriate money (Art. 29[l]. );"to impeach
. (Art. XI , Sec. 2.}, to act as a constituent assembly (Art. XVII, Sec. l.J, etc.;
( 3J 111J.P.Lie_f! - They arc those essential or necessary to the
effective exercise of ihe powers expressly granted, like-the power to con-
duct inquiry and investigation in aid oflegislation (Sec. 2l.)(to punish for
contempt, .to determine the ru)es of its proceedings (Sec. 16[31.), etc.; and
( 4) frl.h.er.ent .P.DW_ers. - They are the powers which are possessed and
can be exercised by every government because they exiRt as an attribute of
sovereignty. In other t hey are al ways deemed conferred by the
people even if not expressly granted by them in t he Constitution. These
powers which are legislative in nature are of taxation, p'ower of
eminent domain, tfnd police power_ll They fall under the generallcgif'llative
powers of Congr<:!ss.
Principle of separation of powers.
(1) Presidential system. - The powers of government, by virtue of t his
principle, are divided into three (3) distinct classeR: the legislative, the
executive, and the judicial. They arc distributed, respt>ctively, a mong the
legislative, executive, and judicial branches or departments of the govern-
ment.
Under t he princi ple of co-equal and coordinate powers among the th ree
(3) branches, the officers entrusted with each of these power s are not
permitted to encroach upon the powers confided to the others. If one
department goes beyond the limits set by the Constitution, its acts are null
and void. The adoption of 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. w The accumulati on of powers in one person or
department of government is considered one of the chief char acteristic
evils of t yrannical and despotic forms of government ..
11
The idea is not to
set one branch against the other but, above all , to promote governmental
efficiency by insuring that all functions of government are performed by
the people (or branch) especially assigned to discharge them.
Under this system adopted by the 1935 Charter and the present Consti-
tution, the President who is the head of government is elected directly by
t he people fM a fixed term of office.
(2) Parlia.mentary system. - The three-fold division of power is ob-
served in the presidential form of government which is distinguished by
the separation of authority between the executive and legislative organs.
Under the parliamentary fo.rm, there is a fusion rather than a separation
3
See "Esscntini o.- inherent powers of government " und(!r J\rtirle III, Section 9.
"V.G. Sine<', op. cit.. p. 12S.
!tll Am. Jur . :H-!0.
s ..... 1 ART. VI. - Ll::GISLATIVF. OI<:P:\RT:\.JENT 157
between the two organs so that. in a sense, the iwo are one body performing
two governmental functions: policy-making and policy-executing.
Under this system, the Prime Minister who is the head of government
i.:; elected by parliament without a fixed term of office.
(:1) Fnmch presidential-parliamentary system. - This is a variant of
the two types of government. The present government of France estab-
lished in 1958, is known as the Fifth Republic. Its Constitution establishes
the familiar organs of a parliamentary system (e.g., a cabinet and Prime
Minister) but delegates broad power s to the President and places serious
limitations on legislative powers .
The Philippjnes, under the 1973 Constitution, as amended, patterned
its government after the French system. The effect of the 1981 amend-
ments was to modify the parliamentary structure ordained by the 1973
Constitution without, however, returning the government to the presiden-
tial system provided by the 1935 Constitution. What was established then
was a form of government which was a middle ground between the two
systems- one which established a legislative body from which the Prime
Minister elected by it and t he majority of the membership of the Cabinet
were to be drawn, alongside a s trong President elected directly by the
people, who had a tenure independent of the legi s lative body.
Principle of checks and balances.
Under the Constitution, there is no absolute separation among
three principal organs of government. Constitutional provisions at1thorize
a considerable amount of encroachment (tr checking by one department in
the affairs of the others. The system of checks and balances i s also obsE'rved
along with t he doctrine of separation of powers to make the presidential
system workable.
The three co-equal departments are est.ablished by the Constitution in
as balanced positions as possible. To maintain this balance or to r('store it
if upset, each department is given certain powers with which to check the
others. Thus:
(1) Checks by the President. - The President may veto or disapprove
bills by Congress {Sec. 27ll j.), and through the pardoning power,
he may modify or set aside the judgments of courts. (Art. \'II. 19.)
(21 Checks by Congres.;. --On the other hand, Congress may override
the veto of the President (Sec. 27l l J.); reject cE'rtain appoi ntments of the
President (Art. VII, Sec. 16.); .r evoke the proclamat ion of martial law or
sus pension of the privilege of the writ of habi?08 corpus by the President
(Ibid. , Sec. 18. ); and amend or ren1ke of the courts (by the
enactment of a new law or by an amendment of the old, giving iLsuch
meaning a nd interpretation as to wipe out the effect of s uch decisions). It
has likewise the powm to define. prt:>::cribe. and apportion the jurisdiction
of the various courls iArt. VIII. Sec. 2. !: preBcribe the qualifications of
158 TEXTBOOK ON 'l'HE PHTLl PPINF.
Sees. 2-4
judges of lower courts (Ibid., Sec. 7[2].); -determine the salaries of the
President and Vice-President (Art. VII, Sec. 6. ), the members of the Su-
preme Court and judges of lo\ver courts (Art. VIII, Sec. 10.); ,and impeach
the President and members of the Supreme Cour t. (Art. XI, Sec. 2.)
(3) Checks by the judiciary. - The judiciary, in turn, with.the Supreme
Court as the final arbiter may declare legislative meawres or executive
acts unconstitutional (Art. VIII, Sec. 4L21.) and).'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. (Ibid .. Sec. 2, par. 2. )
SEC. 2. The Senate shall be composed of twenty-four Sena-
tors who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
SEC. 3. No person shall be a Senator unless he is a natural-
born citizen of the Philippines, and, on the day of the election, is
at lead thirty-five years of age, able to read and write, a regis-
tered voter, and a resident of the Philippines for not less than
two years immediately preceding the day of the election.
SEC. 4. The tenn of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at noon
on the thirtieth day of June next following their election.
No Senator shall serve for more than two consecutive terms.
Voluntary r e nunciation of the office for any length of time shall
not be considered ac; an interruption in the continuity of his
service for the full term for which he was elected.
The Senate.
(1) Composition and election. - It is composed of24 Senators. They are
elected at large (nationwide) by the qualified voters, as may be provided by
law. (_,ec. 2.) Unless otherwise provided by law, the regular election of
Senators shall be held on the second Monday of May. (Sec. 8.)
(2) Term of office. - It is six (6) years. It shall commence, unless
otherwise provided by law, at noon on the 30th day of June next following
their election. (Sec. 4, par. 1.) The Constitution has a similar provision
with respect to the President and Vice-President (Art. VII, Sees. 3 and 4.)
except that the hour a nd date of commencement of their term of office
cannot be changed by law.
(3) Qualifications. - A Senator must be:
(a) a natural-born citizen of the Philippines;
(b) at least 35 years of age on the day of t he election (i.e., day of the
balloting);
( c) able to read and write;
Sec. 5 ART. VI. - LF.(\ JSLATIVE 159
( d i a vot er; and
(cJ a resi<hnt or thn Philippim>s for not than l\vo 12; years
immediately tlw day of election. USee. 3.)
The above qunlifi.cation::. are heyon<l the authority of Congress to dimin-
ish , incr ease o1
(4) MCiximum terms . -- In line with the state policy on equal access to
opportunities for public servke and against. political dynasties (see Art. 11,
Sec. 26.), a Senator is disqualified lo ser ve for more t han two (2) consecu.-
t iue term;; . (Sec. 4, par . 2.) Whi lt! t heor et ically t he people ar e the best judge
of whether an oflici al should be reelected or not, the Conot itulion has opt ed
t o impos e t er m limits to guar d against the in our culture that
t ends to perpetuate polit ical dynasties. (Art. II , Sec. 26.) There is no
of highly talented and motivaterl men and women to replace
who have long been in office.
At any rate, a Senator can still run for reelect ion after a brenk or
in t erval. There i10 no li mit n::; to the number of year s one can serve as
Sena tor. \lllhat i " prohibited is to serve for mor e t han two (2) successive
t er ms . But a . vol untary r enuncia t ion of t he offi ce by a Senator for any
leHgth of t ime .. N:Ul.JJ inJ eJ.JJWLioa in t he continuity
of his service for the fu ll term for which he was elected. (!bid.)
Meaning of registered voter
and residence.
( 1) A registered votrr is nne who has all tht: for a voter
and none provided hy law anrl who has registered
himsel f in the list of voters.
(2 ) i s the \vhere one has his t rue permanent home
nnd to whi ch, whenever absent, he hr.:- the int enti on of retur ning.' It. is,
t her efor e, not nN't)Ssarily t.he actual pi ace of rt!Sidencc. Legal or construc-
tive presence is all t h at is required. Thu;;, t.mnporary in
pl ace, city or municipality for the purpo::;e of carrying on a profession or
e ngaging in an nccupation does not itself constitute an abandonment of
one's legal
SEC. 5. (1) House of Representatives shall be composed
of not more than t;wo hun d r ed and fifty member s , unless other-
wise fixed by law, who s hall h e elected from l e gisl a tive districts
apportioned amoug the provinces, cities, uud the Metropolitan
Manila area in accorda n ce with the number of t heir tespective
inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall he el ect ed through a
Cunni!:t of Law;;, 7t h cd., p.
160 TEXTBOOK O:N THE PHILIPPINE
Sccl;. [, . 7
party-list system of registeted national. regional, and sectoral
parties or organizations.
(2) The party-list representatives shall constitute twenty
per centum of the total number of representatives including
those under the patty list. For three conse.:::utive terms after the
ratification of this Constitution, one-half of the seats allocated to
party-list representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor, indig
enous culturE.l communities, women, youth, and s uch othe1'
sectors as may be provided by law, except the religious s ector.
(3) Each legislative district shall comprh;e, as far as practi-
cable , contiguous, compact and adjacent territory. Each city
with a population of a t leas.ttwo.hundrediifty_.thons.awl, or each
province, s hall have at least one representative.
(4) Within three years following the r eturn of every census,
the Congress shall make a reapportionment of legislative dis-
tricts hased on the standards ptovided in this section.
SEC. 6. No person shall be a Member of the House of Repre-
sentatives unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least twenty-five years of age,
able to read and write, and, except the party-list representa-
tives, a registered voter in the district i n which he shall be
elected, and a resident thereof for a period of not less than one
year imme diately preceding the day of the election.
SEC. 7. The Membets ofthe House ofRepresentatives shall be
elected for a tenn of three years which shall begin, unless
otherwise provided by law, at noon on the thirtietl day of June
next following their election.
No Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an
inten-uption in the continuity of his service for the full term for
which he was elected.
The House of Representatives.
(1 ) Composition and election/selection. -It is composed of not more
than 250 members popula:rly known as "Congressmen.'' They are elected
from legis lative or coiLgrossional districts and through a party-l ist system.
The party-list representatives are filled by seleetion or election from the
labor, peasant, etc. a nd other sectors as may be provided by law, except t he
religious sector. (Sec. 5(1j.)
G nless othenvise provided by law, the regular election of the members
of t he House of Repres entatives shall be held on the second :Monday of May.
(Sec. 8. )
Sec; . 5-7 t\RT. VI.- LBGlSLA'I'lVE DEPARTMENT 161
(2) Term of' office. - .. to begin unless other-
wise provided by law, at noon on tlH! 30th day next follo\ving their election.
(Sec. 7, par. 1.) The House of Representatives is intendt:l d to be close to the
people. The shorter term of three (3) years is expected to make the repre-
sentatives more respon1-;ive and sensitive to the needl'i of their constituents.
It is also consistent with the constitutional policy of accountability. (see
Art. XI, Sec. 1.) If the people had made a mistake in their choice of the
incumbent congressman, they would not have to wait a long bme for the
opportunity to correct t he mistake by withholding a new mandate.
(3 ) A r epresentative must be:
( !l) a natural-born citizen of the Philippines;
(b) at least 25 years of age on the day of the election;
1
able to read and write;
(.d) except for a party-list representative, a r egistered voter in the
dis trict in which he shall be elected; and
(c) a resident thereof for a period of not less than one ( 1) year
preceding the day of the election. <Sec. 6. )
Congr ess is not empower ed to modify the above qualifications.
(4) Maximum terms. -The pro\'i:sions are the same as tho:se for Sena-
tors except that the limit is for Llt:.?.L1Jlore_
(Sec. 7, par. 2.)
Under the Constitution, a representative cannot servn cont1n".lou:sly for
more than nine 19) years.
2
Again, the purpose is to prevent the growth of political dynasties or
wardlordism- terms which in our country have come to connote guns and
goon.:; and al most absolute power- which in the past made it impossible
for qualifi ed and deserving individuals to enter t he sc1virc.
After some r eel ections, the politi::ian managed to accumulate much weahh
and to set up his own formidable political machinery such that in many
places the people could not freely choose their candidates because tht>y
Wt) l'C coerced into submission by politici :10s' ' who had
powerful on account of long t enure. The term limits for electt'd public
officials will level the playing field for canchdates espeeinlly f(r newcomers
to the political arena.
Number, election/selection and classification
of members.
( 1) The Constitution limits to Zli_Q...the maximum number of member i'>
the House of Representatives may have. The may be increased by
'The <age requirement t<hould not apply to appointt>u frorn t.hc youth
:sector. 5r2]. 1
"See, however, Art. XVlll. Se\:tioH 2.
1()2 TEXTBOOK ON 'fH:E ? II1Ll i:'.PI:\F.: CO;-,".ST!TU'JON St)CS. G-7
law. Fixing a ceiling i n its membership which be changed without
constitutional amendment may not be practical, for \vhat may b f) an i deal
number t oday nHty not he so anymore in the yE' urs to As our popula-
tion grows, the number uf constituents enlarges and as they incrc!ase in
number, does the need for a larger representation of the people in the
House of Repl'esentalives if it is t o lw truly represemative of the people.
(2) The members of t he House of Representatives shall be elected fl'om
legis lative districts and through a pa rty-list system of registered national ,
regional and sectoral parti es or ortzanizations. The party-list rcpresenta-
tive.s shaJl constitute 20';;; of the number of representatives i n the lower
including t hose under the party-list. (!bid) For three consecutive
terms after the r atification of the new Constitution, on.e-half (I/2) of the
seats aliocatod to party-list shall be filled, as provided by
law, by selection or election from the labor, peasant, utban poor, indig-
enous C\dtural communities, women, youth and such other sectors as may
be provided by law, except the religious sector. a (Sec. 5(2].)
(8) Thus, the members of t he House of Representatives may be classi-
fied into diiltrict, party-list, a nd sectoral reprc:;entatives with the last to
exist only for three t3) conser.utive t erms after the ratification of the
Cons titution.
Apportionment of elected representatives.
(1) .CIEJ.dWrw .. s...ht.aJJJ201:.ti.on.me.nJ. -It i5 a r l:lquirernent under Section
5 thRt frnm legislative districts shall be a ppor-
tioned or distri buted among thl' provinces, ci ties and the Metropolitan
Manila area suhject to the following conditions:
a pportionment shail be made in accordance with the
number of their r espective inhabitants;
QJ) It shall be made on t he ba!:' is of u uni for m and ratio;
(_c) Each legislative district s hall comprise as far a s practicable,
crmiiguom:, compact and a djacent terr itory;; a nd
(d'l Each cit y with a population of at least 250,000 or cac:h province
shalt have at least one
t 2l Ra.tio to be adopted. - Under Constitution, t he ratio to be
adopted must be uniform, say, tor example, one territorial unit for every
250,000 inha bit anis or fraction thereof. Thus, elected
"Executi ve Ord<:r No. 198 \Jun1! 18, 19lfi) provides for t.hc n:anncr cf nomimnion and
appoi ntment of f;ectoral representatives.
is to prev(: nt the practice known a;; where:by a tel'r\torial unit j,;
divided int o election district;. in an unnat ur;1l and unfair way with the purpose uf giving vne
political part.y an el ectoral majority in a h1rge n umJ.,n,r nf while <:<uHamtrat.ing
voting strengt.h of the oppot";ition ;" as di.; t ricts us pv.:;sihlt. t \Y\,b.;tcr';; :Jrd New Int.
Dicti <Hiary, p.
Sec!;. 5-7 ART. VI.- LEGISLATIVE DEPARnlEN1' 163
represents a territoria l unit whose population is nearly equal with t he
others. This insures that the maj ority vote of such members ofthe House of
Representatives represent the popular majority.
The ratio must also be progressive, for the size of the House of Repre-
sent a tives must be consider ed. It must not be too big as t o be unwieldy. So,
a s population grows, the ratio may be increased, say fr om 250,000 to
300,000 inhabitants for each legislative district.
(3) Representati(}n of ,Provi nces and cities. - - 'l'he new Constit ution
provides, however, t haV,:(regar dless of their population) provinces (wi th
their component cities) shall have at least one (1) r epresentative each. But,
a cit y wit h a population of at least 250,000 shall have at least one (1)
representative.
(4) Reapportionment of legislative districts. - With in three (3) years
following the return of every census, Congress is mandated to make a
r eapportionment or redistribution oflegislative districts based on the above
standards provided by t he Consti tution (Sec. 5[4]. } so that inequalities of
r epresentat ion that arise because of changes in population may be cor-
r ected.
Party-list and sectoral representation.
(1) Aim of the party-l ist system. - The basic aim of representative
government is to attain the broadest possible represent ation of all inter-
ests i n its law and policy-ma king body. It becomes necessary io give an
opportunity to the various and
other grou... or sectors of our society to have their voices heard. And
because they are usually without sufficient funding or political machinery,
it becomes incumbent upon the government to extend such opportunity
without the need to go through an expensive elector al cont est.
5
For this reason, the party-};st systein has been adopted in the new
Constitut ion to assure them of r epresentation in the highest law-making
body of the Republic.
(2) AppDilltlll1111 li..ele.cJ.ioiJ. . J){ . .$ctJJmLJ:ep.rB.erJJ.atiu.e.s... -- Under the
party-list system, in addition to the members of the House of Representa-
tives elected from the legislative of i t s total composition or
membership (ora_ratio of_ . every_ 4 leg:i sla-
__ shall be elected from a list of registered
national, r egional, and Sector al part ies or organizations. tsee Art . IX, C-
Secs. 7, 8.) The maximum number of party-list r epr esent atives strikes a
balance between those directly elected in t heir districts and those elected
under t he party-list. Thus, if there are 250 member s, 50 t hereof must be
party-list representatives. People will vote not for individual candidates
'1986 VPL Constitution Proj ect , L.,gislative Department, p. 28.
164 0 :" TI-ll<: l'IU\...IPPTNE CONSTITL'TION Sees. 8-9
but for the regis tered par ties which will be entitled to such number of seats
depending on the perctmtage of votes recei ved.
However, for the first three ( 3) consecutive terms from the time the
party-list system has been in operation after the rati fi cation of the new
Constitution, one half (1/2) of the seats allocated t o party-li st representa-
tives shall be filled, as provided by law, by selection (i. e. , appointment) or
election, from the l abor, peasant, urba n poor, indigenous cult ural commu-
nities , women, youth and s uch other sectors as may be provided by law,
except the religious sector.
6
<3) Need {or sectoral representation. - Sectoral representation i s nec-
essary because it is almost impossible for , say a farmer, laborer or public
school teacher , to win in an elect ion. It will foster the rise of non-tradi-
tional, political parties and participation for \'arious interest groups,
not to mention genuine grassroots consultation. After three (3) consecutive
terms, it is expected that enough of the people or ganized sectorally <e.g. ,
labor, farmer, and urban poor groups) will be able to win scats in the House
of Representatives under the party-list system and t hose who are not
organi zed hut wish to be represented in the House of Representatives will
he for ced to organize and, maybe, conlesce with ot her groups in order t o
have representation.
7
SEC. 8. Unless otherwise provided by law, the regular elec-
tion of the Senator s and the Membe rs of the House of Repre -
sentatives shall be held on the second Monday of May.
SEC. 9. In case .of vacancy in the Senate or in the House of
Representatives, a special election may he called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representati ves thus elected shall serve
only for the unexpired term.
Kinds of election for members of Congress.
There ar<> two <2) kinds of elections for members of Congress , namely:
(1) --It shall be held on the .. L9J Ma_y.
Congress may, by law, provide otherwise. (Sec. 8. ) If the election is held
is prohihitcd is r cpresentc!t ion of a ny Aeci or. A priest, minister or other
religiou.;; dignitary may beconw a rcpre;;ent at. i\'l' of a ny other sC'ctor.
"Th{: alloca tion of 112 of party-l ist t o t he disadvantagHd !<P.Ctorl'> for the
fi rst three (3i consecuti ve t erm;; is a compromise betwe'o'n two (2) views in the Constit utional
Commission, one was that t hcy s hould he as!<ured of rese r ved seats in Hous e of Repre-
sentat-ives tind the ot.hcr, that they compete in regular party-li.;;t sy8tem just as
a ny ot.her party or lll'ga nizati on. ,,J(l aquin G. B<: rnas , S.J. , !\fahil:. Bulletin, April 29, 1988. )
The fi r st. party-li st elect ion und!' r R.A. No. 79411Mar. 3, }f)q !) l wa" lwld during the May
11. 1998 national clcctiOH:L Only 12 of tlH' 121 mganization:; vot es (at least
2'1<.) to quali fy fur r epr:scntalinn in Congrt:;s.
Sees. 10-11 AHT. VI. -- D.EPA}{'l'MENT 165
beyond the term of office, the member!:; of cannot hold over. The
of a regular election is to give the people an opportuPity to renew
or withhold their mandate on elected officials; and
(2) Special election. - 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. The Senator or Representative elected shall serve only
for the unexpired term. (Sec. 9. ) The authority to call a special election may
be given by law to the Commission on Elections. The holding of a special
election is not made mandatory by the Constitution.
SEC. 10. The salaries of Senators and Members of the House
of Representatives shall be determined by law. No increase in
said compensation shall take effect until after the expiration of
the full term of all Members of the Senate and the House of
Representatives approving such increase.
Salaries of members of Congress.
Under the above provision, Congress is not prohibited from increasing
or decreasing t he salary of its members. However, any increase can take
effect only after the expiration of t he full term of the members approving
such incrNtse. This rule applies even as to members who voted against the
increase.
The obvious purpose of t.he restriction is to prevent Congress from in-
creasing the salary of its members dming theh incumbency. To be 5ure,
Congress has the power to provide for higher compensation, but with the
length of time that has to elapse before an becomes effective, there
is a deterrent factor to a ny such measure unless the need for it is clearly
f(>]t .
1
SEC. 11. A Senator or Member of the House of Representa-
tives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. No Member 8hall he questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.
Freedom from arrest of members
of Congress.
Section 11 provides for the parliamentary immunities of the members
of Congress. Every member of Congress is entitled to the privilege from
arrest while Congress is in or not_ he i;2 attending sess.i.oll.
1
Phil. Con,;t.itution As;'lo<:iation v,.;. MJ.thay, L-2i'in54, Oc:.t . 4, Hl66.
166 TEXTI:\OOK ON THE PHH.ll' l'INF. CONSTlTlJ'l' ION SAc. 11
Congresg is considered in session, regular or special, for a s long as it has
not adjourned.
Like the guarantee of freedom t>f speech or debar.o {infia.), this
lege is intended to enable members of Congress tn discharge their functi ons
"ldequately and without fear. It ir-; true that the privjlege may be abused.
However, the harm \Vhich would come fr om its abuse is considerf!d slight
compared to that which might arise if t.h.e privilege were not given.
When
The immunity cannot be invoked where:
()) The offense by reason of whi ch the is made is punishable by
more than six (6) years imprison ment. In this case, the seriousntlss of t he
offense not justify the grant of the privih!ge; or
Congress is no longer in ses!'.ion. In such case, the reason of the
privilege docs not obtain.
T.h!:l . one an<,i IQ!lY
Freedom from being questioned
for speech and debate.
A member of Congres:-; enjoys parliamentary immunity in that he shall
not be questioned nor be hdd liable in any ot!wr place for any or
debate "in tht-! Congress or in any committee t hereof." The quoted phtase
should he construed t o mean that the sta tements must be in connection
\Vith or in reh1tion to the performance of leg-islative duties.
Like t lw privilege from arr est, this privilege is s ecured not to protect
the agains t prosecution, but for the bcnetit of t he people, by
enabling their ,eprescmtati ves to discharge the functions of their office
wi t hout fear of prosecution. ci vil or criminal.;

The privilege cannot he claimed when!:
(( ) The member is not m:ting as a a1 ember of Congress, for he is not
entitled to any privileges above hi s fellow citizens; nor are the rights of the
people affected if h e is placed on same ground on which his constituents
and
(2) The is bei ng questioned in Cougnss itself, whenever said
body.:considers that vvcmi s a nd conduct are disorderly and unbecoming
of a member tiH:reof.
' Coffi n vs. Coffi n, t Mn""' 1.
)Jbicl .
Sees. 121:1 AH'f. VI.- LEGISLATIVE DEPARTMENT
SEC. 12. All :Members of the Senate and the House of Repre
sentatives shall, upon assumption of office, make a full disclo
sure of their financial and business interests. 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.
Disclosure of financial and business interests.
Hi7
To promote a high standard of integrity in the legislature, Section 12
imposes two obligations on alJ members of Congress:
(,1) To make a full disclosure of their financial and business interests,
upon assumption of office; and
(.2') To notify the concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation of which they are
authors.
'l'he first obligation is necessary in view of the prohibition in Section 14
against having financial interest in any contract with, or any franchise or
spedal privilege granted by, the Note that Section 12 requires
".fu!J. disclosure." If a member of Congress withholds or hyies any informa-
tion of his interests, he may badisciphned -.censured, suspended, or even
rxpelled by the chamber where he belongs.
As to the second it is a betray ill 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. (see
XI, Sec. 1.) Even if he is not engaged in a business activity when he file;; u
bill but later gets jnto su(:h business, he is still required to disclose new
business interests and notify the House concerned of the potential conflict
of interest. Note that a legislator may still propose the bill referred to.
SEC. 13. No Senator or Member of the House of Representa
tivcs may hold any other office or employment in the Govern-
ment, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may have been
c&eated or. the emoluments thereof increased during the term
for which he was elected.
DisquaUfication to hold any other office
or employment.
Sections 13 and 14 provide for certain disabilities for members of
the with respect to their right to hold any other office or
employment, and the second, with respect to their right to engage in
certain activities. Precepts of propriety and ethics underlie the constitu-
loH TEXTROOK nN THF: PHILI PPi i\' E CONS"l ' lTUTIOl'\ Sec. 14
Uonal pr ovision di squalifying members from holding t:ertain offices in the
government.
1
Under t his provision, a member is disqi.talilied to hold two
classes of office, namely:
( l) .In.cP.mpa_ti}J._le_qffice. -This i ncl udes any kind of office or empl oy-
ment in t he gover nmenC or any subdi vision, agency, or ins trumentality
.:hereof, including government-owned or -controlled corpora tions or their
s ubsidiaries dur ing his t erm. The phrase "any_ Qt her .. Qf1kl;UU:
i ndudes any position i n the government outside of Congress. including ex-
officio membership of any nom:ongress ionnl bod.v, commit t0.e o1 . -: .
sion in any guise whatsoever. The prohibitiou i'i nds its r ati onale in t he
need for members of Congress t o devote their ti me and attention to the
discharge of t heir legisl ativc res ponsibilities.
A Sena tor or Representative who accepts any other office or employ-
ment in the government during hi s term for feits h i:; seat. l t violative of
the very essence of democracy and politically immoral Cnr a member of
Congress to tur n hi s back on his bounden duty to ser w the people who
elected h im to be t heir r epresentativn in Congress and expected him to
serve as such for the full term. Hi s occupyi ng another position depr ives his
wnstituency of its r epresentation in
(2) E.!J.r:bid.si&n office. - This r efers to any office or the emolu-
ments of which have been increased d\U'ing .tr.:on.. for which he was
elected (Sec. 13.), not merely duri ng his t enur e or period of actual incum-
bcn<.:y. The .of s to. ..t:wg .G
doc.s. nn.t come .to have 1 hi!; b.y
Ulc terminaiion .. of. bi.s._t.c.an.. not tenure. (See Art. VII, 4.} E\ .
... :;>_Q;'!J.l...Jl<lt .b.g_eJjgiblc_fo.r. .ap_p.oiutllli:n.Lto 'such otficc
even i.f ..
Without the prohibition, members of might be t empted t o
create offices or increase t heir emolument s for personal gain.
SEC. 14. No Senator or Member of the House of Represent a-
t ives may personally appe ar as counsel before any court of
justice or be fore the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he, directly or indi-
rectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or
a ny s ubdivision, agency, or inst rumentality thereof, including
a ny government-owned or -cont rolled corporpt ion, or its s ub-
s idialy, dul'ing his t erm of office . He shall not in terve ne in any
matt-er before a ny office of t h e Governmen t for his pecuniary
benefit or where he may be called upon to a ct 011. account of his
offi ce.
' V G. Si n(:o, op. cit .. p. 1.59.
ART. VI .- LEGISLATIVE DBPARTMENT 169
Fiduciary position of members.
'I'hc- prohibi tions under thic;; subject underscore the fidnciary nature of
the position of a member of Congress and thus lend to the
ptinci ple that public office is a public trust. (Art. Xf, Sec. 1.) They may be
grouped as foJlows:
(1 ) as __ f:..()_U.!J.fl.l ... l:J..eL(J.r.e.f.!.J}. .J!..i:.QJ.fLt.rtf Jli.fil.il;J:., P.tc. -- 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 admin-
istrative bodies. The purpose is to remove any possibility of influence upon
the judges of t hese courts or heads or members of these bodies who might
be swayed in their decisions by their hope for future appointments to
higher positions. cbarged .. .for
.it.
With respect to before the Electoral 'rrihunals, the reason
for th(: prohibit-ion is the inconsistency of a mEmher's position in represent-
ing a party who may not be entitled to be a member of body to which he
belongs .. of undue influence is also ilought to be avoided;
(2}. f_r!-_f!IJ.X.J:.Ontract wilhJl.!&...{JJJJ.lJ?.r..l1JlJ.1:JU ... --He shall
nr,t, direct.ly or indirectly, be int.ere:>ted financially in any contract with t he
government, etc., during his term of office, whether as an individual or as a
member of a partnership or as an officer of a corporation. Financial interest
in such contract by the spouse is indirect financial interest by a member of
Congress . .t.But it docs not extend to such contract entered into by a son or
brother of a member of Congress unless used as dummy or the member is
pecuniarily interested in the contract. 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.
in any contract is interest which involves financial
investment. {e.g., subscription to the capital of a government corpora-
tion) or business out of which a member of Congress is t o profit or
gai.n. Borrowing money from the Philippine JS'ational Bank cannot be con-
sidered one involving financial investment from which the borrower ex-
pects tO obtain profit;
W) fJ1wncia l ipterest in .any_ __ .gr{.l. _nted by
.nv:mt., -- He shall not, directly or indirectly, be financially in any
franchise or special privilege granted by the govcrnnH?llt. etc., during his
term of office. The reasop for t his prohibition is lihv.i st> to prevent mem-
bers of Congress ftom making use of t heir inf1ucnce for purposes of finan-
ci al benefitorreward;and
(4J Intervention in certain matters. - H<> shall not intervene in any
cnuse or.ma"tter .. government 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.s. The prohibition seeks to insure that
hi;:; vote on any pending l c.:gislati,e measure shall be dictated by no
170 TEXTBOOK ON THE CQNSTI'l'FTION Sec. 15
other considerat ion t han t he public and it applies wht ther or not he
personally der ives any pecuniary benefit or advantage from his interven-
iion.
SEC. 15. The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a different
date is fixed by law, 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, exclusi ve of Saturdays,
Sundays, and l egal holidays. The President may call a special
session at any time.
Sessions of Congress.
(1) & gular .. g.ssio(t. - Congress shall convene once year on the
w.ur.th..M.QruL_9JJ.l!Jy for its regula r session unl ess a different date is fixed
by law. Once it is convened, the .session shall continue for such of
days as it may determi ne .until before ::;pening of its next regular
session, exclusive of Saturdays, Sundays and legal holidays. There is,
however, no prohi bition from holding sessions on Sat11rdays, Sundays, and
legal holidays.
Congress shall be virtually in session for t he entire year. It is only
proper that it be on the job throughout the year. Lawmaking is a full-time
obligation and not a mere sideline . .Members of Congress receive fixed
yearly income.
1
During a r egular session, the Congress may legislate on any matter it
deems fit.
(2) $pg_c:JE! ession. - - It takes place when the President calls Congress.
during the time thariT is in recess, to s ession to consider such subjects or
legisl ations as he may designate. Its duration is not limited by the Consti-
tution. The President may designate t he subjects in his proclamation or
s pecial message calling Congress to n special session, but the power of
Congress is not limited t o the subjects specified. It may enact Iaws relat ing
t o other subjects. The Presi dent may also limit the duration of session
but once it is already in special session, Congress may determi ne th e
duration in accordance with the needs and exigencies of the buoiness before
it.
Secret meetings of Congress or any of its commi ttees are called
.. be discussed i nvo! v e s
4l,;;t.ti.Qn!.\l5.e.!,;..\l:r.UY:,. (see Art. 16l4] .)
' Under the 1935 Constit11tion. the Congress was mandated to hold once a year only a
100-day regular s c!lsion toxclusive of Sundays . This number of days of regular did not
give Congre;;s enough ti me to pass important bills as shown by the fact that yearl y the
P reside nt had to call Congrc!!S to a s eries of E;pecial sessions.
SC'c. 16
ART. VI.-- LEGISLATIVE DEPARL\J[VI'
SEC.16. (1) The Senate shall elect its President and the House
of Representatives its Speaker, by a majority vote of all its
respective Members.
Each House shall choose such other officers as :it may deem
necessary.
(2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and
may compel the attendance of absent Members in such manner,
and under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings,
punish its :Members for disorderly behavior, and, with the con-
currence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not
exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as may,
in its judgment, affect national security; and the yeas and nays
on any question shall, at the request of one-fifth of the Members
present, be entered in the Journal.
Each Honse shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses
shall be sitting.
Officers of Congress.
171
(1) Congress shall, by a majority vote of all its respective members,
elect the &enhl.e...E.r.es:idcni and oCthe tl_Q!:!._se
The Senate President and the Speaker hold their office at the pleasure of
the respective members of both Houses.
(2 1 Each House is authorized to choose such other officers as it may
deem necessary (Sec. 16[1J.), such as a Senate President/Speaker Pro-
tempore, a floor leader, a secretary, a sergeant-at-arms, a disbur&ing of:
ficer, technical assistants, etc. The rules of the present House of
sentatives provide for the election of three in place of
one (1) Speaker
It is important that the officers of both Hcuses be elected at the earliest
possible time so that they can get organized .into a working body to perform
their constitutional duties and functions.
Powers and functions of Senate President
and House Speaker.
The Constitution does not define the powers and functions of the
Senate President and the Speaker of the House of Rer-resentatives. They

,_
rgxTBOOK ON THE PH1LIPPlN CONSTlTUTION Sec. 16
are, however, implied from their position as a dministrative heads and
presiding officers of their respective chambers. As .such, they pres ide over
their sessions, preserve order and decorum, decide all questions of order,
sign acts, r esolutions, orders and warrants, issue subpoenas, and appoint
personnel, and discipline them.
Other powers may be given t o t hem by the rules of their respective
Houses for purposes of efficient staff services oflegislative work.
Meaning of quorum.
A is such a number of the membership of an assembly or
collective body as is competent t o t ransact its business.
1
In other words, it
is that number that makes a l awful body and gives it power to pass a law or
ordinance or do any other valid corporate act.
2
Ordinarily, a quorum is one of the members of a
body. - - -
Basis of quorum in each House.
Under the Constitution, ".AJnru.Qri.ty_of each House" shall cons titute a
quorum to do business (Sec. 16(2J .) whether regular or
special.
There is a differ ence between "a majority of all the members" of a body
and "a majol'ity" of the body, the latter requiring less number than the
former. Under Section 16(2), t he basis of the quorum is not the number of
all the members who constitute t he entire membership of each House.
Members suspended or otherwise prevented from participating in the func-
tions of either House or who for the time being may be outside the Philip-
pines and on whom Congress has, ther efore, no coercive power to enforce
its authority and command, s hould not be counted.
3
Adjournment in absence of quorum.
In the absence of a quorum, a smaller number may adjourn from day to
day and may compel the attendance of absent members in such manner,
and under such penalties, as each House may provide. (Ibid.) This smaller
body is competent to issue orders for the arrest of the absent members a nd
t o choose an acting Senate President or Acting Speaker as an emergency
measure.
4
1
See 51 C.J. 305.
vs. Tayo, 6 SCJ{A 1042, Dec. 29, 1962.
3
Cnder the 1935 Constitution which has exactly t he same provision IArt. VI, Sec. 12l2)
t hereof.), it was held that the of the quorum in the House of Representatives (the h>wc1
chamber) is the number of member:; who were withi.u_t):le Philippines ,51nd on whom tb,e
<omala!l!h. lAvl<lino v:s. Cuenco, 83
Phil. 17.)
4
lbid.
Sec. Hi ART. VI.--- LEGISLATIVE
Without the above power of each House, member s who refuse to attenn
its sessions could obstruct legislative work.
Meaning and function of rules of procedure .
the rules made by any legislative body to regu-
late the mode and manner of conducting its business.
They are intended for t he orderly and proper disposition of t he matters
before i t. Thus, the procedure and r ules to be observed in its deliberations
(e. g ., what committees, and upon what subjects they shall be appointed;
what shall be the order in which the busi ness shall be taken up; in what
order certain motions shall be received and acted upon); election of officers;
penalties to be imposed upon erring members; and many other kindr ed
mat-ters, are proper subjects of the r ules of procedure."
Limitations on power to determine rules.
The Constitution empowers each House to determi ne the rules of its
proceedings. (Sec. 16(3].) Any such r ules is subject to revocation or modifi-
cation by each House.
I
The rules promulgated should not ignore constitutional restraints or
violate fundamental rights.
6
They cannot repeal or alter statutes.
reason for this is that t he Constitution and statutes are superior to the
internal rules of Congress.
Nature of power of each House
to punish its members.
The powQr to punish or expel a member need not be specified in the
Constitution s ince it would exist, whether expressly conferred or not. It is a
necessary and incidental power to enabl e each House to perform itE- high
functions. It is a power of protection. A member may be physically, men-
t ally, or morally unfit, or afflicted with contagious disease, or i nsane. or
noisy, or violent and disorderly, or in the habit of using profane. obscene
a nd abusive l anguage. Even in the abs ence of parliamentary customs and
practices, legislative bodies have the power to protect thems elves by t he
punishment and expulsion of a member.
7
. .QQ.TI.!>.titl!tiQn .. to.
. disorderly behayioi_ilbad.Lda.e.Ji...not imply ibat it
. . any o pers.o.n..
'\See Heiskell vs. Ma>"r, 4 At!. l17.
YS. Balin, 144 U.S. 5.
7
Co<>ley, Const. Li mit, 8th Ed., p. HIO.
"Arna.ult vs. Nazarene), 87 Phil. 29. Contempt i$ will ful disoix>dit>nce to or open dis re-
spect of !I court or body.
174 TEXTfiOOK ON rHE PHlLIPI'INE Sec. 16
Punishm.en t may .take.. .the .form. oLr.e.u.riman.d,_ fitte . .forfcit..ur.e .. of salary,

Votes required.
'fo s uspend or expel a member, the concurrence of b&:o.-.thir<;lli.(lf all
members of each House is necessary. If the penal ty this shall
---------- --- ... ---- ---
l f-ach Hou>w hal> no power to suspend a member for an indefinite period
ofttme.
9
An indefinite suspension is considered worse than expulsion in the
sense that in lhe former, a vacancy does not arise and consequently, t he
people are deprived of the opportunity to elect a repl acemtmt for the period
of the suspension.
Each House sole judge of disorderly
behavior.
'fhe courts arc not authorized to control, revise, or forbid t he exerci!'le
by Congr ess of its power to punish a member for disorderl y behavior . It
must necessarily be the sole judge of what constitutes disor derly behavjor
not only because the Constitution has conferred u pon it, but
because the matter mainly depends on factual circumstances of which said
body knows best.
10
(see, however, Art. VIII, Sec. 1, par. l.J
Meaning of legislative journal.
jouJ.:n_al is defined as the official record of what is done and
passed assembly. It is so-called because the proceedings are
entered therein in chronological order as t hey occu; from day t.o day.
The record is frequently spoken of in t he plural as t he "journals."
11
Purpose of journal-keeping requirement.
The Constitution r equires t he Congress to "keep a journal of its pro-
ceedings, and from time t o time to publish the same,excepting_svch paJ::t.s
as may, in its judgment, affect national security." (Sec. 16[ 4].)
. ' . . . . . ..... _ .. _
The object of the requirement is to insure publicity of the proceedingJS of
Congress, and a cor responding r esponsibility of the members to their
r espective cons tituents. Reasons of public policy a recor d of the
actuations of a legitllative body kept in permanent form and open to public
inspection . The journal s fulfill t hat role. They are public because all ar e
required to confi)nn t.o them, and they are permanent to assure t hat rights-
YSee Alejandrino v,:;_ Quezon, 46 PhiL fl:{ .
,.
10
See French YS. Senate. 146 Cal. 604; Osmei'ia v:;. Pendat. un, 109 P hil. 863.
11
Cu!;hing, Law anrl in Legislat ive t\s.;emblies, ci t()n in Montgomery vs. Gaston,
126 A\11. 125; 51 L.RA. :{96, <1 01.
SP.c. 17 AR'r. VI. - LEGISLATIVE 175
acquired upon the faith of what has been declared to be the law shall not at
some future time be destroyed by facts made t o res t only in the memory of
individuals.
12
Matters to be entered in the journal.
The Constitution requires the following to be entered in the journal:
(1) The yeas (affitmative votes) and nays (negative on any ques
t ion, at the r equest of one-fifth of the members present {]bid.);
(2) The yeas and nays on the passage of a bill upon its last reading (see
Sec. 26(2].) even in the abs ence of a request to that effect as it is of great
importance that. such vote be recorded so that the people may know the
stand of their representatives on a particular measure;
( 3) Such other matters which each House in its discretion may direct to
be so entered in the journal;
(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.
2'7Ll].); and
(i)j The vote of each member of the House of Representatives in im-
peachment cases. (see Art. XI, Sec. 3[3].)
Matters which i n the judgment of each House affect national security
s hall als o have to be entered in the journal but they shall be excepted from
publication. (Sec. 16[4].)
Each House shall also keep a Record ofits proceedings. (Ibid.)
Adjournment by ether House without
consent of the other.
During the :::;essions of Congress, either House may adjourn for not
more than three (3) days. Without the consent of the other , it cannot
adjourn f<n a longer period or to some ot her place than that i n which the
two Houses sha ll be sitting. (Sec. 16[5].)
Without the rule on adjournment, a House can delay or hold up the
work of legis lation. Every bill passed by either House has to be voted upon
by the ot her before it is prescntfJd to the President for approval. (see Sees.
26[2), 27l l ]. )
SEC. 17. The Senate and the House of Representatives shall
each have an Electoral Tribunal which shall be the sole judge of
all contests relating to the election, returns, and qualifications
of their respective Members. Each Electoral Tribunal shall be
composed of nine Mem hers, three of whom shall be Justices of
, .... ... .
11
See FiP.Id vs. Clark, 143 U.S. fH9; lf.5. vs. 24 Phil. 729.
176 TEXTBOOK OX THF. PHILIPPINE CO:>:ST!Tt..:TlON SfCS. 17-19
the Supreme Court to be designated by the Chief.Justice, and the
temaining six shall be Members of the Senate or the House of
Representatives, as the case may be, 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. The senior Justice in the Electoral
Tribunal shall be its Chairman.
S:t<:C. 18. There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio Chairman,
twelve Senators and twelve Members of the House of Repre-
sentatives, 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. The Chairman of the Commission shall not vote, except
in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from
their submission. The Commission shall rule by a majority vote
of all the Members.
SEC. 19. The Electoral Tribunals and the Commission on
Appoint.mcnt.s shall he constituted within. after the
Senate and the House of Representatives shall have been organ-
ized with the election of the President and the Speaker. 1\hc
on Appointmen.ts _ !!l.e.J=:on-
session .La! of
. functions as are
Jt .. -- ----------
Electoral Tribunal in each House.
(1) Composition. constitution andjurisdidion.- An Tribu-
nal, composed of nine (9J members - three of the Supreme
Court designated hy t.he Chief ,Justice and six i6) members of the Senate or
the House of Representatives, as the case may be, chosen on the basis of
proportional representation from the political parties and t.he parties or
organizations registered under the pmtylist system represented therein
-is created in each House of Congress. It be constituted within :30
days after the Senate and the House of Hepresentatives shall have been
organized with election of the President and the Speaker. (Sec. 19.) It
has exclusive over all contests relating to the election, rctums
and qualifications of t.heir respective members. (sec Art. IX, C-Sec. 212].)
(2) Reason for creation. - Under the 1973 Constitution, this power
was given to the Commission on bledions.
1
It would seem for
'Article Xri, C-Stwtinn 2r2) thereof.
S !:'CS. 1 i-19 AHT. VI. - LEGISLA1'lV8 DgPART.MEN1' 177
'
an administrative agency. an i ndependent constitutional body notwith-
standing, composed wholly of appointive members, to act as a judge of
election contests affecting elected members of no less than the legislative
organ of the State. On the other hand, 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. The Electoral
Tribunals, by their composition and the method by which they arc consti -
tuted (Sec. 17.) , solve the problems presented above. With a mixed mem-
bership partly tak'3n from the Supreme Court and partly from t he House
concerned, an independent boci y of sufficient stature "invested with a
measure of judicial temper" nnd free from the cont r ol of political parties is
created to in.sure a fair and impartial determination of election contests
involving the right to legislative seats.
The system also enables Congress to concentrate on its prope1 function
which is lawmaking. rather t h<Jn spend part of its time adj udicating elec-
tion
The Commission on Appointments
in Congress.
(1 } Composition, constitution, and naturt' . --The Commission on Ap-
pointments is composed of 2:'.5 members - the of t he Senate as ex
officio chairman, 12 Senato1s and 12 members of tht! Htlttse of Representa-
tives, elected by each House on the of proportional tepresentation
from the political parties and the parties or organizati ons registered under
the party-list system. Like the Electoral Tribunals, the Commission on
Appointments is constituted within 30 days after the Senate and the House
of Representatives shall have been organized with the election of the
Senate President and Speaker. It meets only whi le Congress is in session,
at t he call of its Chairm<'l n or a maj ority of it;:. members, to discharge its
power s and functions. (Sec. 19. )
As created and constituted, it is a ::;.ort of joint committee of the Senate
and the House of Representatives. Cnlike an ordinary joint committee of
the two Houses, however, which has to report it!-l action to Congress for
approval or disapproval, the Commission on Appointments acts independ-
ently of Congress and is legally not responsible to H. Once created. it
operates as a distinct entity, legislative in composition but executive in
function.
2
(2) Power or function. - The power of the Commission on Appoint-
ments is to approve or di sapprove appointments submitted to it by t he
President. It must act on all such appointments. by a majority vote of all
the members, within ao session days of Congress from their submission.
The Commission on Appoint ments is. in a way. t he representative of
Sinco, op. cit .. p. 195.
178 TF.XTBOOK ON THE PHILIPPINE CONSTITL
1
TlON Sec.-. 20-21
Congr esf:; \Vith full authority to consider the nominations made by
the President to the more important positions in the
{3) Rewwn for creation. - The creation of a Commission on Appoint-
ments, which was prov.ided in the Constitution, is based on the principle
t.hat it is best to have a deliberative body pass upon appointments to impor-
tant positions in the government. The Philippine experience in the 14 years
after the declaration of martial law in 1972 showed that person cannot
cany out the job of prospective appojntees as well, as a larger body
can. The complaint against the practice, however , under the 1935 Constitu-
tion was that the appointment process became highly partisan, considering
that membership of the Commission was drawn along party lines.
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 to the nominees.
1
;SEC. 20. The records and books of accounts of the CongrE>ss
shall be preserved and be open to the public in accordance with
law, and such hooks shall be audited _by the Commission OJl t
which shall publish annually-an itemized list of amounts paid to
and expenses incurred for each Member.
Records of Congress open to public.
Congress is enjoined by the Constitution to preserve and open its
records and books of accounts to the public. (see Art. III, Sec. 7.) Such hooks
s hall be audited by the Commission on Audit, which shall publish annually
an itemiz>d list of amounts paid to and expenses incurred for each mem-
ber.' This requirement, however, is not absolute. Congress may prescribe
by law the conditions to be complied with in the exercise of t he right vf
inspection of its records and books of accounts.
The consti tutional provision will limit the opportunity to misappropri-
ate public funds.
SEC. 21. 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
dure. The rights of persons appearing in or affected by such
inquiries shall be respected.
'I bid.
4
1986 UPL Constitut.ion Proj ect., Department. pp. 28-29.
'The above i.o; not. found in thP. 1935 Constitutiotl; htnce, t.he hook:> of account.:.
nfCongros.s had never been to the public. There was a strong public suspicion thnt the
members of Congrerss thcm;;elves rect:'ived most of the extrnvagtmt clerical hire and tho so-
Ct!llcd congressional allowance;, a.nd other cxpHn.;e.s. This alleged practice wa:;
one of the principal reason,; for lhe e ro..::ion oft he people's confidt:>ncc in thflir Congress and,
to some llxt.ent, in the govcrnmt:nt itself.
Sec. 21 AR'r. VI. -- LEUISLAT I VB DEPARTMF.N1' 179
Power of legislative inquiry and investigation.
Section 21 authorizes each House or any of it;; committecH
1
t o conduct
inquiri es (i nvestigations) in aid of legislation. Even in the absence of the
provision, however , Congress may exercise t.he power to investigate as it is
an essent i al and appropriate auxiliary to the function.
( 1) Sound legit-dation. - A legisl ativE> body cannot legislate wisely or
IiiTh._e .. abseii.ce of information respecting the conditions which
the legislation is int ended to affect or changf); and where the legisl ative
body does not itsel f possess the req uisite i nformation - which is not
infr equently true - recourH: mus t. be had to others wbo do possess it. So,
some means of compulsion may be essential to obtain what is needed.
Congress has the power to punish for contempt a person vho r efuses to give
testimony or information p()rtinent to the inquiry within its jurisdict ion.
2
(2) Other desirable -This incidenta l function of a l egisl a tive
body produc-es deH1rabie resul ts . enable the
publ ic to inform itself on governmental problems. They can l:llso hel p
crystallize and influence public opinion on important issues. A l aw enacted
after it ha.:; been shown by facts brought out in such hearings that warrant
its inco.rporation in t he statute-hooks, enable8 the executive t o enforce it
mor e effectively and the courts to apply it more wisl:!ly or
Scope of the power.
( 1) lii.d.t.Q_Qthfl!. - The power of inquiry and inves-
tigati on4 exists not only. to enable Congress t o effectively its pri-
marily legislative or lawmaking functions. U likcwisP. extends to hearing-s
on other within its juri sdiction notably the power to impeach, to
propose and to take disciplinary action against its members.'
(21 In legisl ative investigations, as in the court!S of
the (:onstitutional rights (e .g., ri ghts against sel f- incrimination.
r ight to counsel, etc.) of pcr son:s appearing in or affected by s uch inquiries
must be r espected. Each House is required to publi sh the r ules of procedure
to be followed i n said inquiries for th(: guidance of any person who may be
summoned before it. Thus, the hearings must be conducted strictly in
accordance with said rules and not. dopend on the whims and caprices of the
membe!'s of the investigating committee.
The r equi rement seeks to ensure t hat this vital powP.r s erves only the
purpose of legit imate In the past Congress, this power has been
abused by some legislators hy making it an instrument of oppression.
' In order to di.stribute their work. p;1rt.icularly of ch(' great number of hills
filed, both Houses arc divided into CommitlP.!:'s.
'lArnault vs. N<t zareno, 86 Phil. 29; McGrain v><. 273 l!. 8. 135.
' See V. G. Sinco, op. tit., p. 199.
' The ConstiLution speak.; t o gather bcti' l O niu <!i ther House in its legis la-
tive function . l n fact, tbe word .. is a mi,;nomer. Jt boyond the scope (I( the
power to find probabl e or guilt r,f any t e:;tifying it.
''Tanada >lll d r'ernando. up. cit., p. 7134.
lRO TEXTBOOK ON THE I'HILI I'l'lNF: CONSTITUTTON Si.lt'S. 2223
SEC. 22. The h eads of departments may upon their own
initiative, with the consent of the or upon the req uest
of either House, as the rules of each House shall provide, appear
before and be heard by such House on a ny mat t er pertainin g to
their departments. Wr itten questions sh a ll be submitted t o the
Pr esident of the Senate or the Speaker of the of Repre
sentatives a t least t hr ee days before their scheduled appear
a nce. Interpellations shall not b e limited t o written quest ions,
but may cover matters relate d thereto. When the security of the
State or the public interest so requires and the President so
states in writing, the appearance shall be conducted in execu
tive session.
Appearance of heads of departments
before each House.
( 1) Under Section 22, heads of depart ments cannot be r equired to
appear before either House under pain of being declar ed in contempt
1
in
view of the separation of powers between the legislati ve and executive
branches. The President may prohibit t he appearance of heads of depart-
ments before Congress. Note t hat Section 22 r efers onl y to heads of depart-
ments and not to lower executive officials.
(2) They may appear upon their own initiative with the consent of the
President, or even without the consent of the President, upon the request of
either House on any matter pertaining to t heir departments. Such appearance
i s useful as a device for monitoring t he programs, activities, and t he manage-
ment of the affairs of the various departments particularly if the proceedings
are adequately communicated to the people who will be in a better p<Jsition to
evaluat e t he performance of an administration as a whole.
(3-) Written questions shall be submitted t o the Senate President or the
Speaker of the House of at least three {3) days before the
scheduled appearance of t he depar t ment head concerned t.o give him ti me
to prepar e his answers and to submit in support thereof. How-
ever, the interpellations to be made may covt:r not only the written ques-
tions s ubmitted but also matters related ther eto.
(.4) The proceedings s hall be open to the public like other sessions of
each House, but it shall be conducted in executive sessions when t he
security of t he State or public interest so and the President so
states in writing.
SEC. 23. (1) The Congress, by a vot e of two-thirds of both
Houses in joint session assembled, voting separately, shall have
the sole power to declare the existence of a state of war.
willful disobedience to a lawful order of, or op<"n disrespect of, or willful
obstr uct ion of, a legi:;lative body (or a court) in the couri'll'l of exercisi ng its powers.
S<' C. 23 ART. VI. - LEGISLATIVE DEPARTMENT
(2) In times of war or other national emergency, the Con-
gress may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national
policy. Conaress,
.shall .. the...ne.xt.adj.ournment the&'eQ4
Power to declare existence
of a state of war.
181
The Constitution grants Congress the sole power to declare the extst-
ence of a state of war. The concurrence of two thirds...uf both Houses in joint
session assembled, voting Sl:lparately (not jointly) is required for the exer-
cise ofthis power. (Sec. 23[1].1 Because war directly and vitally affects all
the components of the entire nation, it is deemed essential that the reApon-
sibility to make such declaration should rest with the direct representa-
tives of the people in Congress.
While the responsibility to make the declaration rests on Congress, the
President, however, through his dealings with a forejgn country, 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. The President. may
find it necessary to engage in war without waiiing for Congress t1 make a
declaration of war.
War contemplated.
The war contemplated here is not an V{ar,
because by express constitutional provision, the Philippines renounces war
as an instrument of national policy. (Art. II, Sec. 2.)
The phrase "to declare war" in the 1935 Constitution was changed to
".t.o .. in the 1973 Constitut ion which is retained
in the new Constitution except with the insertion "of a r.tate" because the
original provision in the 1935 Constitution may give the impression that
Congress can declare a war of aggression.
Delegation of emergency powers.
Section 23(2) is an exception to the rule that the Congress may not
delegate its legislative aut.hority to any other office, agency, or entity. (see
Sec. 28f2].) During grave emergencies, it may not be possible or practicable
for Congress to meet and exercise powers. To .. met:t any s.uch occasion, .the
.C..ongr.e.s.s. t.o_.grant I egi sla t.i ve..puw.e.r.s .. t.o. the
J:!;.esi certain conditions .as. fuJ.lows:
. <:!.! The emergency powers may be granted by law to the President only
tn of war (whether declared or not) or other national emergency (e.g.,
rebellion, grave economic depressionJ. It is the Congress that determines
whether there is a war or national emergency (see Art. XII, Sec. 17 .);
182 TEXTBOOK ON THE PHILIPPINE CONSTITUTIOJ.\"
{1) The said powers must be exercised only during a limited paiod,
that is, for the duration of the war or other national emergency;
They must be exercised subject to such restdt:tions (e.g., requiring
the President to make a report to the Congress when it meets in session) as
the Congress may prescribe;
(4r They must he exercised to carry out a national policy as declared in
the law delegating the authority; and
(,5) They shall automatically upon the next adjournment (i.e.,
adjournment of the next sesgion) of Congress, unless sooner withdrawn by
resolution in view of its opinion that the emergency has ceased. 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.
SEC. 24. All appropriation, revenue or tariff bills, bills au-
thorizing increase of the public debt, bills of local application,
and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose Ol' concur with
amendments.
Meaning of appropriations bill.
is one the primary and :';pecific aim of which is to
make appropriations of money from the public treasury. 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.
Kinds of appropriations.
An appropriation. is an authorization made by law or other legislative
enactment, directing payment out of governmtnt funds under specified
conditions and/or for specified purposes!
Appropriations may be:
(1) Annual or general appropriations. - They set aside the annual
expenses for the general operation of the government. The general appro-
priations bill is more popularly known as the budget;
(2) Special or supplemental appropriations. -They include all appro-
priations not contained in the budget. They are designed to supplement the
general appropriations;
(3l Specific appropriation.. - One which sets aside a named sum of
mor.ey for the payment of a particular expense; and
(4) Continuing appropriation.- One which provides a definite sum to.
be always available from year to year, without the necessity of further
!Administrative Code of (Exec. Order No. 292.J, Book VI. l, Section 2(ll.
Sec. 24 ART. VL. - LEGISLATIVE llF:I'ARTME:>l'T
..- 183
legislative action, for the purpose appr.)priated even after the original
amount shall have been fully spent. When the original amount is spent, a
like amount is automatically appropriated for the original purpose.
2
The
provision of the Constitution fixing the annual salaries of <;ertain constitu-
tional officials (see Art. XVIII. Sec. 17 .) operates as continuing appropria-
tions for their respective salaries. The new Charter, however, affords
Congress the necessary flexibility to adjust upwards the salaries in re-
sponse to inflation, suhjed ic limitations provided.
Section 25(7) provides for automatic rcappropriations in case offailurc
of Congress to pass the general appropriations hill for the ensuing fiscal
year.
Meaning of other bills.
(1) J1f.utmu!l.bi!l. -One the primary and !:ipecific purpose of which is to
raise revenue.
(2l -- As used in the Constitution, it has r(>ference to one
imposing duti es for revenue A bill imposing high tariff
rates (rates of customs duty) on certain imported articles to protect local
industries against foreign competition (which is its primary purpose) is not
a revenue bill and, thert:lfore, not a tariff bill as contemplated by the
Constitution, although incidentally itcreates substantial revenue.
{ 3) .!$.ill_ G_'{f_l/J9..rLz i.nr:r.ea..C....Q{..11te._pu blic . ..d..e.bt. - One which creates
public indebtedness such as a bill providing for the of bonds hnd
other forms of obligations. Such bonds are to he paid with the proceeds to
be derived from taxation and other sources of government revenue.
3
( 4l applicati(Jn. - One affecting purely local or municipal
concerns like one creating a city or municipality or changing its name.
(5) Pri vate bill. - One affecting purely private interest, such one
granting a franchise to a person or corporation, or Cimpensation to a
person for damages suffered by him for which the government considers
itself liable.
Bills which must originate exclusively
in the House of Representatives.
Under Section 24, the House of Representatiws hnz, the exclusive
authority to take the initiiltive in the presentation of the bil ls mentioned.
These measures may not originate in the Senate, but the Senate may
'
1
See V.G. Sinco, op. ('it .. p. 210. The Admini;.trat.ive of 19irt the term as
r<?.ferring "to an appropriation available to support obligations f1r a !l pecifiAd or
prvject, even when these ohligations are the budget year. " <Bnvk VI, Chap.
J, Sec. 2(,6J.i
'Jbtd .. p. 197.
184 TEXTBOOK 'l'HE PHT1. 1fJ'L'\E \' U:\S1TI't .. fJ O;\ Sec. 25
propose amendments to them aHd ref us< t o them if their amend-
ments are not accepted by the- HPn!:'e of
It is said that the of !wing thE' more popular
branch of Congress, bE' ing c:l oscr t o thE r>t->Pp}f>. and ha ,i ng more freq11ent
contacts with them th an t hP SE'na l.e. shou;rl ha"t t.bf: -rri "ileg' oftak\ng the
initiative in the proposal of a n d t.ax pro.i t:-cts, the disposal of the
people's money, and the contracting of publi(: indebtedness. 'fhese powers
of initi ative in the r aising and spending ofpnblic: funds enabl(' the House of
Representatives not only to impl ement !'ven t o det ermine t he fiscal
policies of the government. The <Jnthority ifJ ini ti ate tariffl egislat ion makes
it a ' 'ery important instrument in moulchng forP1gn and bruidi ng the
direction of the industrial and economie development of the nation.
SEC. 25. (1) The Congress not the appropria-
tions recommended by the P resident for tht> operation of the
Government as specified in the budget. The form, content, and
manner of preparation ofthe budget b e prescribed by law.
(2) No provis ion or enact ment s hall be embraced in the
general appropriations hill unless it specifi cally t.o some
particular appropriation therein. Any such provtsion or enact-
ment shall he limited in its operation to the appropriation to
which it r elates.
(3) The proce durP in approving appropriations for the Con-
gress shall strictly foll ow the procedure for approving appro-
priations for other departments and agencies.
(4) A s pecial appropriations hill shall s pecify the purpose
for which it is int.ended, and shall he supported by funds
actually available as certified by the National Treasurer tor to be
raised by a corresponding revenue p r oposal therein.
( 5) No law shall he pas!'ed au thor i zing any transfer of appro-
priations; however, the President, President of the Senate,
the Speaker of the House of Representative:'. the Chief Justice
of the Supreme Court, and the heads of Con$tit.utional Commis-
sions may, by law, be authorized to augment any item in the
general appropriations law for their respective offices from
savings in other items of their r espective appropriations.
(6) Discretionary funds appropriated for particular offi
cials shall be disbursed only for publi<: purposes to be supported
by a ppropriate vouchers and s ubject to such guidelines as may
be prescribed by law.
qhi.d. , p. 196.
Sec. 25 ART. VI. - LEGISLATIVE DEPARTMEN1'
(7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, 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.
Meaning of budget.
185
A is the financial program of the national government for a
designated calendar year, consisting of statements of estimated receipts
from revenues and expenditures for the calendar on which it is intended to
be effectiYe based on the results of operations during the preceding calen-
dar year. l
It refers to the financial plan required to be prepared pursuant to
Section 16f 1 ), Article VIII of the Constitution.
Submission of proposed budget
by the President.
The "budget" of expenditures and sources of financing, including re-
ceipts from existing and revenue measures (see Art. VII, Sec. 22. i
which the President has to prepare and submit to Congress is intended a:, 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.
2
The form, content, and manner of preparation of the budget shall be
prescr ibed by law.
3
(!bid.)
Increase of appropriation recommended
by the President.
Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget.
(Sec. 25[1 J.) responsible for the proper operation of the executive
department, the President is naturally the party best qualified to know the
maximum amount that the operation of his department r equires.
4
1
The fiscal year fur all branc.)Jes, subdiv1sions, instrumentaliticR, departments. bureaus,
offices, a nd agenct P.!'. of the government, including government-owned or -.:on trolled corpora
tions, is thf! period beginnil1g with t.he 31Bt d11y of ,January and end ng with 31st day of
Decem her of each cal endar year .
;rv.G. Sinro. op. cit, p. 209.
Admini,;t.rat.ive Code of 1987 (Exec. Order No. 292.1. in Book VI thereof, governs
national gMArnmPnt budgeting, more specifically: budget policy and preparation,
authori zat i<m, execution and accountability, and expenditure of expropri!lted funds. Th<>
budget is by the Department of Budget and
V.G. Sinco, up. cit., p. 209.
186 TEXTBOOK Oi'.' THE PHILIPPTNI-: Sec. 2:>
Neither can CongnRs increase its outlay and t hat for the j udiciary a\Hl
t.he constitutional bodies in the propos<"d budgPt on the theory t hat thete i!'
al ready a consensus tm the amounts needed by them when th<l proposed
budget i:-; being prepared. With respect to the j uditiary, it.s appropriation:.;
may not be reduced by Congrtsio: below the a mount a ppropriated for l he
previous year. tArt. . Vlii, Sec. 3. ) ln the of C0ngress, having t.he
authority the appropriation::; itself, limitation necessary as a
check against its abuse.
Prohibition against riders.
The mai n object of the rest.rictions in Section 25(2 l is tn do away with
what. are called riders. (sec Set:. 2611J. l
is a provision or enact ment. im;erted in tht! general a ppropria-
tions hill which does not relate to some particular appropriation therein. A
provision, for instanec, in the general appropriations law "prohibiting
government officers and to do private \vork" or refer1ing to the
''calling to active duty and the t.o inactive status of reser ve
officers"s is a rider as it has no direct con,lection wit.h any definite item of
appropriation in thC' law. Such provision shall be of no eeect. In
contemplation, it as though it has never been passed.
The objective of the Constitution is not only to prE!vent the general
appropriations bill from being as a vehicie which controversial legis-
lative matter s may be enat:ted int.'> law \':ithout due but also
to facilitate the enactment of s uch an important. lfnv t hat will set t he
government machinery in motion.t\
Any provision or enactment. in the general appropriations bill shall be
limited in its operation to the appropriativn to which it relates. iSec. 25l21. J
Procedure in approving appropriations.
The Const.itution .requires a procedure in approving appro-
priations. The procedure adopted for approving appropriations for other
departments and agencies shall be followed $trictly i11 <lpprovlng appro-
priations tor Congress. tSec. 25f:3l.) This provide$ a safeguard against the
abuse or misul:>e by Congress of its to appropriate.
Under the 1935 Conl';titution, the appropdations for both h ouses of
Congress, unlike in the case of Lhe budgets of other government agencies,
were not deliberated upon in opr:>n session.
v:;. L-a::nt3, July :30, 197f).
"DP.l. II. Mendoza, "Tht:! New Bud)(to tarf Provisiml:l." in C. H. Mont.cjo. "The N!!w Con;;ti
tution" ( 19731, p. 1.23.
Sec. 25 ART. VI. - LEGISLATIVE DEPARTMENT
Requirements with respect to special
appropriations bill.
The Constitution requires that:
\l) It should specify the purpose for which it is intended; and
187
~ ) 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. (Sec. 25r 41. )
The restrict ions are intended to put an end to the legislative practice
under the 1935 Constitution of passing appropriations bills without the
corresponding funds.
Requirement to insure a balanced budget.
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. 25[4]; see Art. VII, Sec. 22. ) to prevent deficit
spending.
In the old Congress, some members indulged in the practice of intro-
ducing or advocating legislation for additional expenditures (e.g., subsi-
dies, salary increases, etc.) while at the same time opposing measures that
would raise revenues to finance the additional expendit ures that they
themselves proposed. This inconsistency is no longer possible under the
new Constitution which expressly requires that the appropriation propos-
als must be accompanied by certification of actual fund availability or
corresponding revenue-raising measures.
Prohibition against transfer of funds.
The Constitution prohibits t he enactment of any law authorizing any
transfer of appropriations from one branch to another. (Sec. 25[5].) The
provision. is aimed at stopping the practice in the past of giving the Presi-
dent authority to transfer funds from one department to another or under
one appropriation law to another, which in effect invested him with the
legislative power to appropriate, thereby providing a loophole for violations
of the appropriations act. The prohibition plugs this loophole.
However, the President, the Senate President, the Speaker, the Chief
Justice of the Supreme Court, and the heads ofthe Constitutional Commis-
sions may be authorized by law to augment any item in the general
appropriations law for.their r espective offices from savings in other items
of their respective appropriations. (]bid.)
Rule as to discretionary funds.
Congress may appropriate funds (e.g., intelligence funds) for certain
operations or activities of the government to be disbursed at the discretion
of particular officials. This is allowed when it is not possible to determine
188 TEX'l'BOOK ON THE PHILIPPINE CONSTITUTION Sec. 26
beforehand when the expenditures have to be made, the exact a mounts
needed, and the specific u::;e thereof. Or when, for reasons of national
security, such expenditures are classified or forbidden to be disclosed to the
public by law or administrative regulations.
As a safequard against illegal , unnecessary, and extravagant disburse-
ments, or misappropriations by officials authorized to spend such funds,
the Constitution imposes the following conditions:
( l) The disbursement must be only for public purposes;
(2) It must be supported by appropriate vouchers; and
( 3 ) It must be subject to s uch guidelines as may be pres cribed by law.
(Sec. 25[6J.)
Automatic reappropriation.
In case of fai lure of Congress to pass the general appropriations bill for
the ensuing fiscal year , t.he general appropriations law for t he preceding
fi scal year shall be deemed re-enacted. It shall remain in force and effect
until t he general appropriations bill is passed by Congress. (Sec. 25f7] .)
This provision is not found in the 1935 Constitution.
It is evident that the of failure, voluntary or otherwise,
on the part of Congress to enact a general appropriations law for lhe
operations of t he government are serious; and so t he wisdom of a constitu-
tional provision for t he automatic reappropri ation of the same amounts
appropriated for t he preceding fiscal year is beyond question.;
SEC. 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title the reof.
(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, except when the Presi-
dent certifies to the necessity of its immediate enactment to
meet a public calamity or emergency. Upon the last reading of a
bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays
ente1ed in Journal.
!f:tE! . Q!..
The legisl ative power is not without. limitations. Such limitations may
be classified into:
(1) tS.u.b.s.tant.i.IJ.&.. -They refer to the subject matter of legislation, and
they may
'See Buck, The Budget in Gover nment of Today, p. 219.
AH.'l'. VI - LEGISLATIVE DEPARTMENT
189
(a)J.....11JJ2(1!1-.J.f:!.nit[_tJ.!!?.!!:..f!.: - They do not arise from any specifi c
provision of the Constitution but are inferred from the nature and
character of our government, such as the prohibitions against the
delegation of the power to make laws and the passage of
laws;
{b) generql_legi_Lgjive poulfu:s. - They re-
strict t he field oflegislation in general and they are mainly found in the
Bill of Rights; and
(c) p_(J.ll!.f ?F.: - They are scattered in
different parts of the Constitution. Thus, on the power to tax, the rule
of taxation must be uniform and equitable; on t he power to appropriate,
public funds must not he appropriated to religious purpose; on the
power to declare the existence of a state of war, the concurrence of two-
thirds of all the members of Congress must be obtained, etc. ; and
(2) Q!'.1!1JJ1. - They refer to the procedural requirements to be com-
plied with by Congress in the passage of bills and the form and content of
the same. Examples of such limitations are found in Sections 26 and 27{1).
Prohibition against delegation of legislative
powers.
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. Thus, Congress is
prohibited from delegating its legisl ative powers. In the a bsence of this
rule, the principle of separation of powers can hardly exist.
The rule of non-delegability of legislative power, however, is not abso-
lule. It does not apply:
( 1) .. .. .. the .. Gons.tit ution..
(see Sees. 23[21. 28l2] supra. ); and
( 2) (Art. XI , Sec. 5. J
This exception is logical for , after all, municipal corporations are merely
instrumentaliti<!s of the State for the better administration of the govern
ment in matters of local concern.
1
Prohibition against the enadment
of irrepealable laws.
(1) &s.e.Jl.C.. .. J29..?1!e r,._ - Legislative power is the authority to
make laws as well as to alter and repeal them. The continuous making of
laws - new laws as well as those that amend, alter. or repeal existing ones
- is the very essence of legislative power. The legislative prerogative to
u.s. vs. New Orlean.:,;, 9H U.S. 381.
190 TEXTBOOK ON THE PHILIPPINE
pass laws cannot be curtailed; otherwise, time may come when succeeding
legis lative bodies will have nothing more t o do because the entire field of
legislation has been completely exhausted through the enactment of per-
manent legislation.
(2) Can.se_q!lences to public welfare if laws irrepealable. - Further-
more, injurious -conseqU:ences- to. the legislation
passed by the lawmaking body assumes a permanent character. The policy
of the state would become fixed and unchangeable on great national inter-
est in spite of changed conditions arid times. Laws enacted several decades
ago for a particular need may no longer be beneficial today. If t hey cannot
be r eplaced, they will retard, if not destroy, the public welfare.
2
Requirements as to subject and title
of bills.
A proposed law is called aJllJ:b. The Constitution requires that
p.a.s.s&i..hy .. C.ongr.e.s.a...shall
(Sec. 26(1]. ) The purpos es of t he constitutional
requirement are:
CJ-) To prevent hodge-podge or jog-rolling legislation;
To prevent surpr ise or fraud upon the legislature; and
(.3) To fairly appri se the people, through such publications of legisla-
tive proceedings as is usually made, of the subjects of legislation that are
being considered, in order that they may have opportunity of being heard
t hereon by petition or otherwise, if they shall so desire.
3
Meaning of hodge-podge or log-rolling
legislation.
li.odge:Jl.odge 9Li9ll.:.r_@i.ng. legislaticw (i. e., omnibus bill) refers to any
measure containing several subjects on unrelated matters combined to-
gether for the purpose of securing the support of members of the legislature
severally interested in the different subjects of the bills.
If these subjects were to be presented in separate bills, the likelihood is
t hat none of them might obtain a majority
Effect of violation of requirement.
The constitutional provision prohibits the passage of two classes of
bill s , to wit:
( l) A bill containing provisions (riders) not fairly embraced in its title
or r elated to its subject matter (see Sec. 25(2].); and
"Sec Bloomer vs. Stailey, 5 McLean, 15S Cas.
3
Cooley, op. cit .. p. 172.
v.G. Sinco, op. r.it., p. 225.
2G ART. VI. - LEGISLATtVE DKPAHl'MEl\"T 191
A bill di/(crr.nt :mbjtcts notwithstanding that a ll of
them are expressed m 1ts tith .
.I n the fi r st ca::;e. t ht' bill i t: alid except provi::-;ion:; not fairly
e mbr aced i n the ti tle. In the second ca::;e. the whole act i s void.
el c:_c.eptions. tQ.
It does not a pply to:
( .l) Local ordinances as they do not partake of t he nature of l aws but
Rr e mer e rules provided for the fulfi llment of and
(2) Propel' cod1f1cat ions and revis ions of st atut es . Thus. a l aw wit h t he
titl e "An Act to Ordain a nd Jm;t it ute t he Ci vil Code of the Philippines" or
with the title "An Act Amending the Ci vi I Code of the Philippine8" is valid
although it may contain httndreds of different ma tters, for the very de-
nomination 'Code'' sufficient to put the members of the legislature and
the people on guard.
0
Steps in the passage of a bill.
Fzn;t R!!ading. - Any mE:! mher l)f eithe r Hou1:1e may a
p roposed bill ( R<.>e Sec:. 24.1. sip,n!":l by him. fo1 First Re<tding and r efer ence
t o the proper committee. Tiw bill. is f1 kd w !th thP- Office of the Secre tary
-.vher e it is given a corresponding number and calend<1rcd for first r eading.
During t he .1-' ir st Reading. t he pri nci p;;;i author of t h e bill may propose the
i nclus ion of addi tional aut hors t h ereof. Tht. bill is read by its number and
t1tlc a nd the name/ names of the a uthor or authors;
(2VRe{erral to appropriate committee. -- Immed iately aftt!r the F irst
Reading, the bi'!l .. i::; referred to the proper Cllmmitt('e or coromitteeg for
and con:-;id(! ration. It may conduct a nd consultati9n meet-
ings. It then approves t he hill with or without amendments or r ecommends
!:iUbstiLu tion or consolidat ion with simi la r bill s fi led . If disapproved itct he
committee, t he bill d ies a natured d<iath unless the Hous e decides otherwise
following the s ubmi::;sion of the rt:! port;
t01 Secund Reading.- If the reports the bj]J favora bly, the
bill is fnrwarded to the ()ll Rules so that it can be calenda red for
on Second Readi ng. At this Rtagt' , t.he bill is r ead for the
second t ime in t.oget hP-r with t h e amendments, if a ny, proposed
by the unless t he r eading 1s with by a majori t y vote of
the House;
(4l/Debat es. -- t-\ g<meral deba t e i!". then opened after the Second Read-
ing spt.!Hch of the a uthor of tlw bill . Amendments may be
proposed by any member of Congr ess. The insert i on of changes or a mend-
'U.::<. F.spititu S<1 nfo. Phi l. Gl(l.
"See Ignacio v,;. L' r<J v. Hoard. :Hl Phil . P!'ople Buc nviaj e, 47 Phil.
l92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 26
ments s hall be done in accordance with the rules of either House. The
Houge may either "kill" or pass the bill. A bill approved on Second Reading
s hall be included in the calendar of bills for Third Reading;
(5j Printing and distribution. - After approval of the b1ll on Second
Reading, t he bill is then ordered in its final form or version and
copies of it are distributed among the members of the House three days
before its passage except in case of bill s certified by the President (Sec.
26[21. );
(6) Third Reading.- At this stcge, only the title of the bill is read on
t he floor: Nominal voting is held. Upon the last reading of a bill. no
amendment thereto is allowed and the vote thereon is taken immediately
thereafter, and yeas and nays entered in the journal. (Ibid. ; see Sec. 16[ 41.}
A member may abstain. As a rule, a majority of the members constituting a
quorum 1s sufficient to pass a bill;
(7} Referral to the f"Jt her House. - If approved, the bill is then referred
to t he other House where substantially t he same procedure takes place. If
the other House approved the bill without changes or amendments, the
final version is signed by the Senate President and the Speaker of the
House of Representatives.
t8) Submission to joint bicameral committee. - Differences. if any,
between the House's bill and the Senate's amended version, and uice ven:a
are submitted to a conference committee of members of both Houses for
compromise or to reconcile conflicting provisions. If either Ho .1se accepts
the changes made by the other, no compromise is necessary; and
(9! Submission to the President. - A bill approved on Third Reading by
both Houses shall be printed and forthwith transmitted to the President
for his action - approval or disapproval that is, he either signs it into law
or vetoes and sends it back with his veto message. If the President does not
communicate his veto of any bill to the House where it originate-d within 30
days from receipt thereof, it shall become a law as if he signed it. Bills
by Congress over the veto of the President automatica11y becomes
a law. (Sec. 27(1].)
Purpose of provision requiring three
readings of bill.
Note that t he three readings of a bill must take place on separate days
-- not in one day. (Sec. 26[2].) The purpose is to prevent hasty and improvi -
dent legislation and the railroading of bills, and to compel the car-eful
examination of proposed laws or, at least, the affording of the opportunity
for that purpose.
7
In the past, railroading of bills made possible the adoption of volumi-
nous measures without the benefit of discussion and public information
because, oftentimes, the three readings were done in one singte day.
Cooley, op. cit., p. 286.
Sec. 2'7 r '. L -- riVE DEP,\R'f:\fENT 193
Certification of bills by the President.
The Consti tution prOIJde,; that "no btll by either House .shall
become a law it !-las pclf.>::.t;! d three readingl:i on separate day::;, and
printed COpieS iTJ. It:; fiuaJ fOftu have been UiStributed to the ffifm-
bers three bef<.:re it.::. pllSsage.''
t u it) _ _?resident
to t}le _of i.EL ... calami ty o.t:
.emerg.en.c:y;' !_Sec. l612}. With thi.s proviaion, a certification may be issued
to a bill only It aims to put a stop to
the practice of of the Congress under the 1935 Constitut ion to
get from t.he uf their biHs for political convenience.
This practice tht) .;flaws without sutiicient de-
bate and the b11ving ol tq:-- to \ns1gr.iticant bllls over more important
ones by the .simple lad )f -:ertlft{:ation.
Purpose of requirement that yeas and nays
be entered in the journal.
It is a lso pru\o' ided in tiw that on the final passage of every
bill, the and nays Lcihall be] e ntl:'red ia the Journal." (Sec. 26[2) .j This
means that the rt.l ll of be ealled and each member present
and answering tu hi:' n<lmt=: .shdi :-:ay 'yea" or "nay" on the question of the
passage Gf the b1ll.
This provision il:l c1>nsidered mandatory. It is intended to fix upon each
membBr the respon:'ithility for his a ction in legislation, and also to furnish
conclusive evidence whether the ' bill has been passed by the requisite
majority or not.'
SEC. 27. (1) Every bi ll passed by the Congress shall, before it
becomes a law, be to t he President. If he approves t he
same, he shall it; he shall veto it and return the
same with his objections to the House where it originated. which
shall enter the objections at large in its ,Journal and proceed to
reconsider it.l.f, after su(.'h reconsideration, two-thirds of all the
Memhers of such House agree to pass the bill, it shall be
sent, together with the to the other House by which
it shall likewise be and if approved by two-thirds
of all the .Members of that House, it shall become a law. In all
such cases, the votes of each House shall be determined by yeWJ
or nays, and the names uf the Members voting f()r or against shaU
be entered in its Journal. The President shall communicate his
veto of any bill to the House whe.re it originated within thirty
op. c1r. ..
19-l TEXTBOOK PHll.IPPlXE Sec. 27
d.ays after t h e date of receipt t hereof; otherwise, it shall become
a law as if h e had signed it.
{2) The Pte sident shall have t he power to veto any particu-
lar item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to whi ch he does not
object.
Meaning of bill.
A pill is a draft of a la.w submitted to the consideration of a legislativE!
body for its adopt i on.
Meaning of statute.
A $_taty.,ft is the writien will of the legislature as an organized body
according to the form necessary to cons titute it into a law of the
state, and rendered aut hentic hy cer tai n prescribed forms and solemni-
t'ies.:t
The term "act" is often used in referring to a statute.
How statutes identified.
Statutes pas::;ed by the former Congr ess are, for purposes of formal
reference, denominated as acts. They are identified by their serial
(e.g., Republic :\ct No. Where a special title is supplied for a particu-
lar statute (e.g., "Civil Code of t.hH such title may also be
used for identification.
Statutes enacted by t he former Batasang Pambansa are also identified
by th eir Rerial numbers (e.g . . Bata:) Pambansa Blg. 25).
Formal parts of a law.
The formal parts of a statute (or bill) are the following:
(]) -It announce:-; the subject matter of the act. (see Sec. 271.11.
supr a . ) Thus, Republic Act No. 386 has for its title, 'An Act to Ordain and
Institute the Civil Code of the Phil ippincH." Laws enacted by the former
Batasang Pambansa are ent itled in a si milar manner. Thm>, Batas
Pambansa Blg. 25 gives as its title, "An Act Regulating Rentals of Dwelling
Units or of Land on which Anot her's Dwelling i:-; Located and for Other
Purposes";
(2} fLtt.Jl.!!J: .. Q.k .. - It follow!:! t he ti t le and precedes tbe enacting clause. It
is a sort of introduction or preface of a law. The purpose of the preamble is
to explain the reasons for the enactment of a law the object::; sought t o
be attained. It is not considered part of t.he s ubstance of t he law. The
1
Bouvi er.'s Law Dictionary.
2
50 Am. Jur. t5.
Sec. 27 ART. VI.- LEGiSLATIVE DEPARTMENT 195
Constitution does not contain any specific provision requiring the use of a
preamble in any legislative enactment;
(3)_/t..!.]._g.cling cl_gu.s.e. -It immediately precedes t he body of the statute
and it serves as a formal means of identifying the legisl ative body that
enacts the law. Republic Act No. 386 has for its enacting clause, "Be it
.. enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled." In the case of the Batasang Pambansa, the enacting
clause is as follows: "Be it enacted by the Batasang Pambansa, in session
assembled." The Constitution does not also require the use of an enacting
clause in bills enacted into law;
(4) Body. - It is t hat portion containing t he proposed l aw or statute
itself; and
(5) -It is that portion providing for the time when
the law shall take effect. A law takes effect 15 days following the comple-
tion of its publica tion in the Official Gazette (which is the official publica-
t ion of the Philippine government) or in a newspaper of general circulation
in t he Phil ippines, unless it is otherwise provided,
3
e.g., a date is fixed for
its effecti vity.
When
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;
($) When he vetoes the bill and retu.i.ns the same with his obj ections to
the House where it originated, and the same is repassed over his veto by a
vote of tw.D-t:hiul __ Q[ alL the (not merely two-thirds of al l the
members present constituting a quorum) of both Houses; and
(.S) If the President does not communicate his veto of any bill to the
House where it origi nated wit hin thirty (30) days after the date of receipt
thereof, in which case it s hall become a law as if he had signed it. (Sec.
27Lll.J
O.JJ.lY J;U;iwle ._millQr.ity_Qf ___ ..
J..a)\'._s.:.j:see Sees. 16[2], 23, 28[ 4]; Art. VII, Sec. 21.J
.. Presid.eru llLD.!li.necessar}:..ia...enada law when the
by qf
..t.i.Y.e P.I'QGeSS by i ti.Y_e ."I.J._d._r ef Sec. 32. )
Veto power of the President.
The is the Latin term for "I forbid" or "deny." It is the power
vested in the President to disapprove acts passed by Congress. The veto
'
3
Executive Ordc:r No. 200 iJune 18,
J96
TEX'l'l:lOOK ON THE PHJLIPP.INE CONSTITC'l'TON Sec. 27
message to the House where t he bill origi nated his objections to
the bilL (Sec. 27l11.)
Purpose of veto.
Two fundamental reas.:>ns have been given to the grant of t he veto
power to the President, to wit:
;;;n To enable the executive depa rtment to protect its integrity as an
equal br ar.ch of the government and thus maintain an equilibrium of
governmental powers; and
(2i To provide a check on hasty, corrupt, or ill-considered legislation.
4
/
Pocket veto not allowed.
Under the Constitution, the President does not have the so-called
PD.cli&J.IldQ..J2QIJ2', i.e. , disapproval of a bill by inaction on his part. The
fai lure of the Presi dent t? communicate his veto of any bill presented to
him within 30 days after the date of receipt thereof automatically causes
the bill t o become a law. (Sec. 27[1].)
The rule corrects t he Presidential practice under the 1935 Constitution
of releasing veto messages long after he should have acted on the bill . It
also avoids uncer tainty as to what new laws are in force.
When partial veto allowed.
As a general rul e, the President may not veto a bill in. part and approve
it in part. The exception is provided in par agraph (2) of Section 27 which
grants the President the power to veto any particular item or items i n an
appropri ation, revenue, or tariff bilL (see Sec. 25.) The veto in such case
shall not affect the item or items to which he does not object.
Without the exception , the entire appropriation or r evenue meas ure
would be nullified simply the President disapproves even one
particul ar item therein, and this might adversely affect the operations of
the government if no funds are available or taxes cannot be collected.
6
The item or items vetoed may be repassed over the veto of the President
in the same manner as ordinary bills. The vetoed items shall simply be not
given effect.
Meaning of resolution.
Enactments of t he lawmaking body .r11ay al so he made in the form of
resolutions. A_ has been defined as a formal expression of opin-
ion, will, or intent by an official body or assembled group.
6

' See People vs . Councilmen of Buffalo, 20 N.Y. Sup. 51, cited in V.G. Sinco, p. 287.
V. C. YAncha, "l'he Pll rl iam!lnt. " in C. R. Montcj t\ supra., p. 121.
6
Webater's Third New l.ntcrnatiomt l Di ctionary, 1976 ed.
Sec. 28 ART. Vl.- LEGiSLATIVE DEPA.RTMF;NT 197
Use of resolutions.
(1} Resolutions are employf\d with respect to matters within the exclu-
sive authority of the lawmaking body and do not, t herefore, require the
approval of the President for their effect.i,ity. Thus, the rules of procedure
of a lawmaking body, orders imposing some penal ty upon any of its mem-
bers, or proposals for constitutional amendments would be embodied in
resolutions.
~ ) They are also used when a lawmaking body expresses an attitude or
opinion. Thus, resolutions would be proper in expressing condolences on
the death of a member or of a high government official , or in declaring its
opinion on important national questions.
C3') Under Section 28(2) (supra.), the power to fix tariff rates, etc.
dele'gated to the President may be withdrawn by the lawmaking body by
means of resolution.
Kinds of resolutions.
A resolution may he:
(1) simpft if passed by either House for its excl usive use or purpose;
(2) .cQll.Clll'J.QJJ, if passed independently in one House and ratified by
the other in the same manner as a bill; and
3 ) ~ t . . if approved by both Houses meeting in joint session but voting
S13parately (e.g., oue proposing amendments to the Constitution).
There is no provision in the Constitution requiring thB approval by the
President of any kind of resolution.
SEC. 28. (1) The rule oftaxation shall b e unifonn and equita-
ble. The Congress shall evolve a progressive system oftaxation.
(2) The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and e xport
quotas, tonnage and wharfage dues, and other duties or imposts
within the framowork of the national development program of
the Government.
(3) Ch aritable institutions, church es and parsonages or
convents appurt'>..nant thereto, mosques, nonprofit cemeter ie'i,
and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educational
purposes sha ll be exempt from taxation.
(4) No la w granting any tax exempti on shall be passed
without the concurrence of a majority of a ll the Members of the
Congress.
198 TEXTBOOK ON THE PHILIPPI NE CONSTITUTiON Sec. 28
Uniformity in taxation.
U.l1if.(u:mity in fu.;r.aJ.iQT!- means that ''all taxable articles or properties of
the same class shall be taxed at the same rate."
1
Different articles (or other
subjects, like transactions, business, rights, etc. i may, therefore, be taxed
:1t different rates or amounts provided that the rate (not necessarily the
amount) is the same on the same class everywhere.
2
Uniformity implies equality in burden, not equality in amount. Thus:
}1'> A tax of P2.00 per square meter or fraction thereof imposed on
every billboard or sign anywhere in thE7. country was held valid as against
the contention that it was void for 1ack of uniformity.
3
(2) There is no violation where those with different incomes are made
to pay different rates of tax because in this case, the incomes are consid-
ered as belonging to different classes.
(.3) All residential houses, regardless of their assessed value, may be
considered for purposes of taxation as belonging to one class (i.e., residen-
tial property) and made s ubject to the same tax rate (e.g., 2.5% of assessed
value) but different amounts of tax depending on their value. The law,
however, may validly further classify such property according to their
assessed value and levy different rates, and consequently, different amounts
of tax on the basis vf such value.
The reason for the rule of uniformity in taxation is that not all
properties, or transactions are identical or similarly situated. The cla,.;cl ifi-
cati.on of the subjects of taxation must be based on reasonable and substan-
tial grounds. An arbitrary classificati on will offend the guarantee of"equal
protection of the laws." (see Art. III, Sec. 1, supra.)
Equity in taxation.
Aside from the requirement that the rule of taxation shall be uniform,
the Constitution also mandates that it shall be equitable. (Sec. 28lll. )
Uniformity in taxation is effected through the apportionment of the tax
burden among the taxpayers which under the Constitution must be equita-
ble. To be sure, a tax law may prescribe a uniform rule of taxation and yet
it may inequitable as where the of tax are excessive or confisca-
tory.
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, gross or netj and if warranted (in certain cases, like the tax on
gasoline), on the basis of the benefits he r eceives from the government.
:Tan Kim C.T.A., L-18080, April 22, 196:3.
Stanley. 32 Phil. 511.
achurchill Concepci on, 110 Phil. 3:n.
AR1'. VI. LlWlSJ.A'J'IVE DEPARTl\H: NT 199
Progressive system ot taxation.
To achieve the equHy objective in taxation, the Constitution enJoms
Congress to "evolve a progressive syst"::!m of taxation." This means that tax
laws shall place more emphasi s on direct (e.g., income, donor's, and estate
rather than on indirect t axes (e.g., customs duties and value-added
taxes which the taxpayer can recover from the consumer by adding the
same to the price), with ability to pay as the main criterion.
The individual income tax provides the best example of a direct and
progressive tax. The rate of the tax increases as the tax base or bracket
(amount of income) increases.
Delegation of taxing power to fix tariff
rates, etc.
By express povision of the Constitution, Congress is authorized to
delegate to the its power to fix within specified limits tariff rates,
import and export quotas, tonnage and wharfage dues,
4
and other duties or
imposts. The aut hority so granted is, however, subject to such limitations
and restrictions as the Congress may seem wise to impose because Con-
gress is prohibited from abdicating its lawmaking power over the subjects
mentioned. For in:-;tancc, the delegation of power must specify the mini-
mum as well as maximum tariffs. Furthermore, the authority given to
the President mt1st be cxe!'cised within the framework of the national
development program of' the government. (Sec. 28[21.)
The above is another exception to the rule against t he delegation of
legislative power. (see Sec. 2:3f21.)
Exemption of certain entities and properties
from property taxes.
Section 28(3) pro\'tdes that the institutions and properties mentioneci
therein shall be exempt from taxation. Other exemptions are provided by
statutes, but in those cases, they may be withdrawn.
The exemption covers only property taxes and not other taxt>s.'" The test
of the exemption is the use of the property and not owner!>hip. Thus, a
property leased by the owner to another who uses it "actuaJiy, directly, and
exclusively" for religious, charitable or educational purpose is exempt from
property tax but. t he owner is subject to income tax. eYen if the income is
'Tottnnge th<l amounts paid by the owner, ngent. o;wrato or master of a
engaged in'i'Oieign t.r::scle m the net tonnage oft.he ve,;,;cl or wei ght of the articles dhlcharged
<>r l<Hlfm. IS<:c. 3201 , 'f,l riff and Code.)
Wlu.u./JJJ;..du..c:; are the . the car,:::o of a ves!>el engaged in foreign
or coa:;t wise trade based (rn the quality, weight or receiYecl and! or di scharged by
s uch ves.;;cl. !Sec. 2801, Ibid.)
"Ladoc vs. Comm. , L-19201, June 16. HHi;)
200
TEXTBOOK ON THE PHILlPPtNE CONSTITl;TION Sec. 29
used or devoted by him or another for religiou:;, charitable or educational
purposes.
Note that wi th res pect to cemeteries, only those which are non pr ofit
are exempt from taxation.
All revenues and assets of non-stock, non-profit educational inst itu-
tions used actually, directly, and excl usively for educational purposes are
exempt fr om pr operty and income taxes and customs duties. Proprietary
educational institutions including those cooperativelyowned may li ke wise
be entitled to such exemptions subject to such limitations provided by law,
including r estrictions on di vidends and provisions for investments. Grants
and donations used actually, directly, and exelusively for educational pur-
poses are also exempt from tax l:lubject t o conditions prescribed by law.
tArt. XIV, Sec. 4l3, 4]. )
Votes required for grant of tax exemption.
The Constitution requires t he concu rrence of a ..!!J!lli>ri!Y.JJ.LillLlh&_
lll2rn.berJ> of Congress to pass a law granti ng any tax exemption (Sec. 28[4j.)
a s a s afeguard against t he indiscriminat e grant of ta'< exemptions. Under
the 1935 Constitution, a simple majority of t he quorum was sufficient.
SEC. 29. (1) No money shall be paid out of the Treasury
except in pursuance of an appropria tion made by la w.
(2) No public money or prope:"ty shall be appropriate d,
a pplied. paid, or employed. directly or in directly, for the use,
benefit, or support of any sect, church, denomination, sec tarian
institution, or system of r eligion, or of any priest, preacher,
minister, or other religious teacher, or dignitary as s uch, except
when such priest, preach er , minister, or dignitary is assigned to
the armed forces, or to any penal i nstitution, or government
orphana ge or leprosarium.
(3)\:.All money collected on any tax levied for a s p&.-'ial pur-
pose shall be trea ted as a special fund and p aid out for such
purpose only . lfthe purpose for which a special fund was crea ted
has been fulfilled or abandoned, the balance , if any, shall be
transferred to the general funds of t he Government.
The power of appropriation.
Tile power t o appropriate public funds for the maintenance of t he
government and other public needs is a vital government function which is
vested i n Congress. Section 29( 1) is bal:!ed u pon the principle that t he
,people's money may be spent only with t hei r consent. That consent may be
expressed either i n the Constitution itsel f or in valid acts of Congress as
the direct representative of the people. It acts as a legislative check upon
St'c. 29 ART. VI. - LEGISLATIVE 201
the disbursing power of the President, or the heads nf departments and
other executive officials. Without the restriction. gc)vernment funds would
be misused.
1
In case a special election for President and Vice-Prek:li dent is called by
Congress, the appropriations for the same shall be charged against any
current appropriations and shall be exempt from the requirement of Sec-
tion 29(1!. (see Art. VII. Sec. 10.)
Meaning of "'appropriation made by law."
An appropriation is per se nothing more than the authorization by law
that money may be paid out of the public treasury-' It i::; the setting apart
or assigning to a particular use a certain sum of the publit: funds.
The provision of the Constitution does uot speak of an "appropriation
made by Congress" but rather "by law, a term which CO\'ers both stat:utes
and the Constitution. In case on the part of Cvngess to the
general appropriations bill for the ensuing fiscal year. the general appro-
priations law for the preceding fiscal year :;hall be deemed reenacted and
shall remain in force and effect until the general appropriations bill is
passed by Congress. (Sec. 25l7l. ) Such general appropri ations for the pre-
ceding year fall under "'an appropriation hy law. "
Prohibition against use of public money
or property for religious purpose.
It is fundamental in democratic governments that taxes may be levied
for public purposes only. Since the government is for a public
purpose, public money can be used only for that purpose. A tax levied for a
private purpose constitutes a taking of property without due process of law,
and is invalid. !Art. III . Sec. 1, wpra. ) Section is based on the
requirement that taxes can only be imposed for a public purwlse. Thus, a
public land may not be donated for the com;truction of churches. convents
or semmaries.
The prohibition, however, is not violated when:
(1) -Where the \1se of public money
i s not for the benefit of the priest, , . as such but i::; in the nature of
compensatic.n to the priest, etc., wb. . :;,;[gne:d to t.he armed forces, or to
any penal institution, or gover nmen. )r tSec. 29[2].);
<2) _8eligious ' i1er .; 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, or may he
:st!e V.G. Sinco, op. cit. .. p. 21)5.
Campagna vs. U.S., 26 Ct.
TEXT ROOK ON THE PHILIPPlKE CONSTl'rUTION Sec. 30
authorized to tht! use of p11 blic streets for re! igious proces-
sions and holding of at t,hc Ri zal Park and in otlwr public property
does not offend the provision.:.: the payment as retirement, death,
or dis ability benefits to a pri est of fu nds contributed t o the Socia l Security
System does not violate Section 29(2) of the Con!->t.itution where such
payment is made to the priest not because he is a pri est but because he is
an

(3) - Where, for example, public funds ere used
for stamps commemorating the celebution in Manila of the 33rd
International Eucharistic Congress organized by the Roman Catholic Church
and the purpose is to advertise t.he Philippines and not to favor any
particular church or denominations;"
\ 4) .. -- \\onere, for example, r ent;.:; are paid
for a portion of a church or other building belonging to a sectarian institu-
tion leased by the government for school or other public purposes since
public receives the full benefit of its contract:" and
(5) Where, for example, free supply of water
is given by a municipality to a r eligious organization not on aceount of any
religious consideration but in exchange for a donation of property made t o
the former by the latt<.! r.;
In short, it is the appropriation of public money or property mainly for
rehgious purpose that the Constitution does not s anction. I see Art. III, Sec.
5; Art. II, Sec. 6. )
Expenditure of special fund.
A tax may be imposed for a s pecial publ ic purpose. In s uch case, the
mon ey r aised from such tax shall be treated as a special fund and paid out
for s uch purpose onl y. It cannot be for any other publ ic purpose. If
t he special purpose has been fulfilled or abandoned. t he bftlance, if any,
shall be transfer red to the genHral funds of the government. ISe<:. 29[3].)
The specia l fu nd then <:easel> to exist.
SEC. 30- No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitu-
tion without its a dvice and concurrence.
:<Aglipay vs. Rui z, 64 Phil. 201.
Roman Catholic Arch. of Ma nila vs. SSS. L-lil045. Jan. 20, 1961. Religious organi7.a-
tionR are under the coverage of the Soci al Security Act. rse(< Sec. a, R. A 1161, amend-
ed.)
' Aglipay vs. Ruiz, supra.
G:vl_ilJard vs. Board of Education, 19 Jll. App. 48.
7
0 rder de Predecadort>s vs. Metropulitnn Water Dist ri ct, 46 Phil. 292.
Sec. :11 ART. VL- LEGISLATIVE
Law increasing appellate jurisdiction
of Supreme Court.
203
Congress cannot diminish or otherwise impair (reduce) the original and
appellatejurisdictiou of the Supreme Court (see Art. VIII, Sec. 2, par. 1.) as
enumerated in Article VIII, Section 5(2). But Congress can increase its
jurisdiction by assigning to it additional cases for adjudication.
As it is, the Supreme Court is already burdened with a heavy load of
cases. If its appellate jurisdiction is further increased, the Supreme Court
could never reduce much less eliminate the backlog in its docket. Further-
more, by the very nature of its work as a court oflast resort with adminis-
trative over all lower courts (Art. VIII, Sec. 6.l, it is in a better
position to determine what cases should be elevated to it for review. Hence,
any law increasing its appellate jurisdiction must he with its advice and
concurrence.
It is not necessary to make a prohibition in connection with original
jurisdiction because the Supreme Court is essentially an appellate court
with jurisdiction over judgments and orders of all lower courts in specified
cases, and increasing its original jurisdiction to include cases other than
those mentioned in the Constitution (see Art. VIII, Sec. 5lH wm force it to
conduct hearings and trials and thus make impossible the performance of
its constitutional powers and functions.
SEC. 31. No law granting a title of royalty or nobility shall be
enacted.
Prohibition against granting title of royalty
or nobility.
(1) Under the above constitutivnal provision, the system existing in
some countries, like England and Japan, ranking certain persons as be-
longing to an upper class called the "nobility" is not allowed in the Philip-
pines. The reason behind the principle is the principle underly-
ing our Constitution.
1
It is consistent with the declaration that the Philip-
pines is a republican and State (Art. II, Sec. 1.) as opposed to a
monarchial or aristocratic form of government. "The prohibition of titles of
nobility may truly he denominated the cornerstone of republican govern-
ment; for so long as they are excluded, there can never be serious danger
that.t)le government will be any other than that of the people."
2
(2) The prohibition of titles of royalty or nobility is directed_to Con-
gress. Thus, 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. The prohibition prevents the of a privi-
tSee Tailada and Fernando, op. cit., p. 432.
2
Hamilton, The r'ederalist !No. 84J.
204 TEXTBOOK ON THE PHIUPPll\E Sec. 32
leged cla!>s which may transmit their classification by inheritance to t heir
children.:;
SEC. 32. The Congress shall, as early as possible, provide for
a system of initiative and referendum, and the exceptions
therefrom, 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, of which every legislative
district must be represented by at least three per centum of the
registered voters thereof. -
Meaning of initiative and .referendum.
(1) JtJitjg,_[i ue. - If is the reserved power of t he people to directly
propose and enact laws at polls called for the purpose independently of
Congress or of a local legislative body.
(2J ... -!ff!1er:e_ndu!....T!:.. - It is the process by which any 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.
Congress to provide a system of initiative
and referendum.
The Consti tution in Section 32 has 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."
2
It mandates Congress to provide, as early as

1
1970 lJPLC Constitutiun Revision Proj ect, p. B9.
1
Thc which has iden t ified wi th Corazon C. Aquino who led it wi t h
the support of the Catholic Church, later became a paradigm of change in authoritarian
regimes It the largely mass demonstrations of grent number of
people gathering in meetings, marching, chanting, denouncing wrongdoings, and demanding
reforms, culmina t i;g in the ouster' of Ferdinand Jo: . Marcos and his subsequent
forced exile tu Hawaii. His last 14 year rule after the declaration of martial law in 1972
perceived to hE' dicutorial llnd
feCit was repeated 15 years later by what been r eferred to as Eds a II, wh i<h
started on the night of January 16, 2001 at the sa me spot ofthe EDSA-Shrim. and ended with
t he swearing on .January 20, I of Vice-President Gloria Maccpagal-Arroyo as the
President in place of President Joseph E. E:; t rada whu wa.o fo rced to give up the presidency
over alleged corruption and misr ule. 'l'he occasion for the ouster was the wal k-out ()f
tors in the impeachment trial of President t riggering mass demonstrations and
withdrawal of institutional support led by the top military generals, ca binet members, ll.nd
justices of the Supreme Court. "EDSA I" was a ncar bloodless military "break-away" sup-
ported by t he overwhelming strength of una rmed civilians t hat assembled at EDSA on
February 2225, 1986, while "EDSA II" was a peaceful civilian uprising, without force and
arms, this time supported by unarmed top officers tmd men of the Armed Forces of t.he
Phili ppines (AFPl and the Philippine National Police {PNP).
Sec. 32 ART. VI. - LEGISLATIVE DEl'ARTME!\T 205
possible, for a system of initiative and referendum, and the exceptions
therefrom. 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'..lmber of registered voters with every legislative district being repre-
sented by at least 3% of the registered voters in said district. Other details
for its implementation are to be determined by law to be enacted by
Congress.
Under Article XVII, Section 2, amendments to the Constitution may be
directly proposed by the people through initiative.
The incorporation in the Constitution of the devices of initiative and
r eferendum for proposing legislation or constitutioual amendments, or
subjecting acts of Congress or a local legislative body for approval or
rejection gives substance to the time- honored principle that in a republican
and democratic State "sovereignty resides in the people and all government
authority emanates from them." (Art. II, Sec. 1.) Through these processes,
aside from elections, plebiscites, and recalls, the people are able to articu-
late what they feel about certain political, social, and economic issues
confronting the country and, in the exercise of the ultimate, reserve power
of sovereignty given them, resort to direct action to compel obedience of the
government to their own demands, s hort of waging a revolution against it.
Our government, however, remains essentially a republican democ-
racy. (see Art. II, Sec. 1. }
-oOo-
Article VII
EXECUTIVE DEPARTMENT
SECTION 1. The executive power shall be vested in the
President of the Philippines.
President, the Executive.
Following the 1935 Charter, Section 1 vests the executive power in one
person alone - t.he President of the Philippines. It. is, therefore, accurate
to refer to him as t he Executive, not merely Chief Executive. The President
in a president ial system of government is, however, referred to also as the
Chief Exeeutive.
Under both the 1935 Constitution and the present Constitution, the
President is both the head of State and the head of the government. Unlike
the Prime l\linist cr under the 1973 Constitution (as amended), the Presi-
dent is not a legislative leader with membership in Congress. He is purely
an executl ve. t
Meaning of executive power.
Executive power has been defined as the power to administer the laws,
which means'c a'r:rying them into practical operation and enforcing their
due observance.
2
The "laws" include the Constitution, statutes enacted by Congress,
decrees (issued under the 1973 Constitution), and executive orders of the
President, and decisions of courts.
SEC. 2. No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered voter, able
to read and write, at least forty years of age.on the day of the
election, and a resident ofthe Philippines for at least ten years
immediately preceding such election.
'We hav<' 1-1 from 1898 up to the pl'esent. (see Note 34 to Introducti on-C. )
2
Coolt'y. Limi t.n iuns, 8th ed., p. 183.
206
Sec:;. 34 ART. VII.- DEPMtTMENT 207
Qualifications of the President
;
. Vice-President.
tion 2 provides for the basic or minimum qualifications of the Presi-
d
(l) He is a natural-born riti ?.en oftbe Philippi nes;
<2) He is a registered voter;
(3 J He is to and write;
14 ) He is at least forty ( 40 ) yea1s of age on the day of t he electi on (not
proclamation or assumption of offi ce) for President ; and
(5) He ;,-- a resident of the Philippines for at ten ( 10) years
immediately prc:.eding such election.
1
The VicePresident must have the same qualifications as the President.
<Sec. 3.) The Constitution not prescribe any educational, academic, or
literacy quallfication except only the ability to read and write, in line with
the egal itarian objectives of (lul' democratic society.
2
(see Preamb\e.)
SEC. 3. There shall be a Vice-President who shall have the
same qualifications and term of office and b e elected with and in
t he same manner as the President. He may be r emoved from
office in the same ma nner as the President.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
The Vice-President.
The Vice-President shall have t he same qualifications and term of
office as t he President and may be r emoved from office on impeachment a::.
in the case of t he President. (Ar t . XI, Sec. 2. )
He may l e appointed as a member of the Cabinet without need of
confirmation by the Commission on Appointment::; in Congress. To
confirmation would degrade the dignity of the high office ofVice-President.
SEC. 4. 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 he election and sh all end at noon of the same date six years
thereafter . The President shall not be eligible for any re-elec
tion. No person who has su cceeded as President and has served
1
A,.; t.O llli:!CI.ning of "rcgi;;tored voter" and "n;:;i(h'll('C," .;f!p Articl(' vr, Section a.
it is that the Con><titution as:<umes that the President, particu-
larly, i.!< morally and intellectually fi t nnd t:xccuti Ye al:>i lity to occupy the highest
of tht land.
208 TKXTB<X)K ON THE PHiLIPPINE CONSTTTVTJON Sec.4
as such for more than four years shall be qualified for election to
the same office at any timt::.
No Vice-President shall serve for more than two successive
terms, Voluntary renunciation of the office for any length of time
shall not bE' <:.onsidered as an interruption in the continuity of
the service for the full term for which he was elected.
Unless otherwise provided by law, the regular election for
President and Vice-President shaH be held on the second Mon-
day of May.
The returns of every election for President and Vice-Presi-
dent, duly certified by the board of canvassers of each province
or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of
canvass, the President of the Senate shall, not later than thirty
days after tl.e day of the election, open all the certificates in the
presence of the Senate and the House ofRepresentatives injoint
public session, and the Congress, upon determination of the
authenticity and due execution thereof in the manner provided
by law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elect.ed, but in case two or more shall have an equal
and highest number of votes, one of them shall forthwith be
chosen by the vote of a majority of all the Members of both
Houses of the voting separately.
The Congress shall promulgate its rules for the canvassing of
the certificates.
The Supremt' Court, sitting en ba.nc, shall be the sole judge of
all contests relating to the election, returns, and qualifications
of the President m Vice-President, and may promulgate its rules
for the purpose.
Election of the President and
Vice-President
tl) S')'.'ltem of d;rect uoting. -The Constitut-ion retains the system of.
direct poputar of the President despit.e criticism for abetting mas-
sive vote-buymg and other undesirable practices.
C a i This is considered more democratic and more in keeping with
the Filipino culture and tradition tha l they individually vote for their
leader - their choice of man who woulrl be their President. The
people should not bP deprived of the right to choose the head of their
government, considc;ing that, having exercised it since 1935, this right
has acquired special significance for them.
Sec. 4 ART. VII.. - EXECUTIVE DEPARTMENT 209
{b) On the part of the President, the fact that he has popular
suppor: would enable him to muster the necessary courage to effect
policies promotive of t ht- greater good despite opposition from vested
interests.: Moreover, since there is a need for a strong national execu-
tive who can deal effectively with the problems of national survival as
well as unite the numerous ethnic groupings constituting our nat.jon
during these crucial times, a President elected by the lawmaking body
with no fixed term may become subservient to the members to keep
their support.
(2j Electi on by Congress in case of a tie. - In case of a tie, however, the
President shall be chosen for the term fixed in t he Constitut ion by a vote of
a majority of all the members of Congress in session assembled. (Sec. 4,
par. 5.)
The Vice-President j s elected with and in the same manner as the
President. (Sec. 4, par. l.i
Unless otherwise provided by law, the regular election for President
and Vice-President shall be held on the second Monday of May. (Ibid., par.
3.)
Term of office of the President
and
The President and Vice-President. enjoy security of tenure. Their term
of office iR six (6) years "which shall begin at noon on t he 30th day of June
following the day of the election and shall end at noon of the same date six
(6) years thereafter." ipar. 1. )
The Presiden'"-elect and Vice-President-elect shall assume their office
at t he beginning of their term5. (Sec. 7, par. 1. )
Term of office distinguished from tenure of office;
right to hold office; and office.
(1) The phrase term of office refers to the period, duration or length of
time during which an officer may claim to hold the office as of right, and
fixes the interval after which the several incumbents shall succeed one
another .
(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. The tenurf! may be shorter t han the term for reasons within or
beyond the power of the incumbent. The President may be removed from
office by Congress by means of impeachment. (Art. XI, Sec. 2. ) A vacancy in
the Office of the President arises in case of permanent disability, death, or
r esignation of the President. (Sec. 8.)
1
19R6 U.P. Law Constitution Revision Project, Executive Department, p. 8.
210 TEXTBOOK THE CONSTlTUTIO!'J Sec. 4
(3) A right to hold office, on the other hand, is t he just and legal claim
to enjoy the powers and responsibilitit-s of t he office.
(4) The off'ice is an institut ional unit of government. while term is a
matter of time during which a person may hold the office.
2
(see Art. XI, Sec.
1.)
Reelection of President and Vice-President.
A per son who haR held the office of President is absolutely disqualified
for any reelect ion. In th e case of toh e Vice-Presi dent, he cannot serve for
more t han two (2) successive terms (Sec. 4, par. 2. ) but he is still eligible for
election as President. A Vice-Pr esident who has succeeded and 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.:i (Ibid., par. 1. )
The voluntary renunciation of the office ofVice-Pn:lsident for any length
of t ime does not the continuity of the service for the full term of
six (6) years. {Ibid., par. 2.) Thus, a Vice-President who voluntarily r e-
nounced or resigned from hi s office is deemed to have served for six (6)
years for purposes of the ban against r eelection. The President is not
eligible for any r eelect ion. (See Art. II, Sec. 26. ) But t hey may be to
a lower position.
Reasons tor prohibition against re-election
of President.
The following have been given:
(1) A President seeking a second term is vulnerable to constant politi-
cal pr ess ures from those whose support he must pr eserve and has to devote
his time and energy to consolidate this political s upport. In the context of
Phili ppine P.xperience, every President elected to t he Office has used t he
first t.erm to work for r eelection;
(2) A President who seeks a second term is under a tenific handicap i n
the performance of his functions. The result has been that political motiva-
tion is attributed to practically every act he performs; moreover, the dan-
ger of alienating much needed votes may be an to the proper and
impartial performance of his duties;
(3) A President seeking reelection will even usE' public funds for t he
purpose even to the extent of making t he bankr upt because no
incumbent Pr esident would like to go down from power as a leader repudi-
ated by his people;
2
Nt!evo vs. Angeles, 76 Phil. 12; Aparri vs. Court of Appeal!'!, 127 SCRA 231. Jan.
1984; <1uekt>ko vs. S'lntos, 76 Phil. 237; Pandt>s vs. 56 SCHA 522, April l:'i, 1974;
OlivcrM> vs. Villaluz, 57 SCRA I 63, May 30, 1973.

note 34 to Introduct ion-C.


Sec. 4 ART. VU. - EXECUTIVE DF:PARn.lENT 211
(4) The prohibition also widens the base of leader ship. In theory, no
man i s indispensable in a democracy, and any person, no matter how good
he is, may be replaced hy other s equally good;
(5) The ban will also put an end or at least hamper the establishment
of political dynasties;'
{6) The six-year term will give the President a reasonabl e time within
which to implement his plans and programs of government. He can concen-
trate on being President free from the demands of par t isan politics;fi and
.. ... (7) The criticism a six-year term without reelection t hat six (6)
years are too long for a bad President but too short for a good one, and that
the people will suffer most from a lameduck presidency may be remedied
by the provisions on impeachment. {see Art. XI, Sec. 2. ) A term, no matter
how long, is short for a good President.
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. Imposing a
complete ban on reelectiun will , in effecl, penalize the people from calling
back to the Presidency a person who has rendered s ign al s ervice to the
nation, should that need for such man arise. As an alternative. the ban should
be on immediate reelection in order to prevent the President from using his
office to advance his candidacy . R Furthermore, the people are the wisest judge
on how many terms a President (or Vice-President) is going to have.
Canvassing of returns and proclamation.
(1) Returns transmitted to Congress. - The returns of every election
for Pre::;ident and Vice-Pres ident are canvassed I examined for authentic-
ity) by the board of canvassers of each province or city, adding all the
returns in town in the province or every district in t he city. These
r eturns which show the r esult of the voting must be duly certified by the
corresponding board. Then, they are transmitted to Congress directed to
the President of the Senate who shall, 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 manner provided by law,
'Sec 1970 UPLC Con:;titution Revis ion Proj ect, p. 442.
&1986 UPL Consti t ution Re-vision Project, Exccutive Depart ment . pp. 12- 1:3.
8
1970 UPLC Cons titution Revis ion Project, p. 442.
' The ph rase "upon determination of the authenticit y and due execution thereor' hal>
been added in view of t he national exper ience in the J 986 ":;nap" prcsidential election. The
Bat asang Pambansa majority par ty insisted that in the counting of vot es it s duty was purely
ministerial and, therefore, rould not go beyond the returns. The new phrase is intended to
emphasize that Congress must first be satisfied on the genuineness of the returns. If they are
obviously false, statistically improbable, or patently irregular (e.g. , the number of votes cast
exceeds the number of registered voters), Congress empowered to reject them or make an
inquiry with respect to the same. (1986 UPL Constitution Revision Project, Executive
Depart ment, p. 9.}
212 TEXTBOOK ON 'I'HE PHlLlPPINF. CONSTITUTION Sec. 5
canvass the votes. (Sec. 4, par. 4.) Congress is empowered to promulgate its
rules for the canvassing of the certificates. (]bid., par. 6.)
(2) Plurality rule sanctioned. - 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. (Ibid., par. 5.) It sanctions the plurality rule. Thus, a
minority President may be elected ( i .e. , by t he votes of less than 50f;:{, of t he
number of registered voters) if there is a low t.urnout of voters or there are
more t han two ( 2 l candidates.
(3) Candidate to be proclaimed. - The person having the highest
number of votes shall be proclaimed elected. In case of a tie between two or
among more than two candidates, that is, more than one candidate shall
have an equal and highest number of votes, one of them shall be chosen
President by a vote of the majority of Congress in session
assembled. (Ibid. , par. 5.) The candidate thus chosen shall then be pro-
claimed elected.
Election contest involving the position
of President or Vice-President.
The Supreme Court, sitting en bane (as one body), shall now be the sole
judge of all contests r elating to the election, returns and qualifications of
the President or Vice-President. It may promuigate its rules for the pur-
pose. (Ibid., last par.)
Under the new Constitution, the Supreme Court, itself, as such, shall
be the sole judge of electoral disputes involving the President-elect or Vice-
President-elect.
SEC. 5. Before they enter on the execution of their office, tht"
President, the Vice-President, or the Acting President shall take
t he following oath or affirmation:
"I do solemnly swear (Ol' affirm) that I will faith
fully and conscientiously fulfill my duties as President
(or Vice-Presiden t or Acting President) of the Philip
pines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to
the service of the Nation. So help me God." (In case of
affirmation , last sentence will be omitted.)
Oath or affirmation of the President, Vice-President,
or Acting President.
Oath is an o-.;tward pledge made under an immediate sense of responsi-
bility to God. If the President., Vice-President or Acting President does not
believe in God, he makes an affirmation. Instead of saying "I do solemnly
Se(:.:;. 67 AKT. Vll. - DEPARTiviE!'I T 213
swear" he declares, "I do solemnly affirm. " I n such case, he omits the last
sentence: "So help me God."
The oath-taking marks the formal induction of the President, Vice-
President or Acting President in office. It is mandatory. He cannot enter on
ihe execution of his office without taking the prcs.-:ribed oath or affirma-
tion.
The President is enjoi ned by the Constitution, among others, to "do
justice to every man" because of the vast powers of his office which if
abused could cause much harm and injustice.
SEC. 6. The President shall have an official residence. The
salaries of the President and Vice President shall be determined
by law and shall not be decreased during the ir tenure. No
increase in said compensation shall take effect until after the
expiration of the t erm of the incumbent during which such
increase was approved. They shall not receive during their
tenure any other emolument from the Government or any other
source.
Official residence and compensation of
the President and Vice-President.
(1) The official residence of the President shall he determined by law.
(2) The annual compen!;ation of the President and Vice- President shall
be provided by law.
(a) During their tenure of office, the President and Vice-President
shall not receive any other emolument (e.fr . per diems, allowances, and
other remunerations) from the government or any other source. With-
out the prohibition, they may he able to make use of their positions for
pecuniary gain.
(b) The compensation of the President and Vice-President, as fixed
by law, cannot be increased or decreased by Congress during their
continuance in office. A law increasing the salary of the President or
Vice-President shall not benefit the incumbent Pres ident or Vice-Presi-
dent at the time of the enactment of said law, for the increase shall not
take effect until after the expiration of bis term during \vhich such
increase was approved. The prohibition is for the purpose of securing
t he i ndependence of the President or Vice President from Congress.
(c) The Constitut i on, in the Transitory Provisions, fixes the initial
annual salary of the President at P300,000.00 and t he Vice-President
at P240,000.00. Congress may provide otherwise subject to Section 6.
<Art. XVIII, Sec. 17.)
SEC. 7. The President-elect and the Vice-President-elect
sh a ll assume office at the beginning of their terms.
2 14 TEXTBOOK 0!\' THE P HII.l PPl::'-JE Sees. 7-8
If the President-elect fails to qualify, the Vice-President-
elect shall act as President until the President-elect shall have
qualified.
If a President shall not have been chosen, the Vice-President-
elect shall act as President until a President shall have been
chosen and qualified.
If at the beginning of the term of the President, the Presi-
dent-elect shall have died or shaH have become permanently
disabled, the Vice-President-elect shalJ become President.
Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have died or
become permanently disabled, the President of the Senate or, in
case of his inability, the Speaker of the House ofReptesentatives
shall act as President until a President or a Vice-President shall
have been chosen and qualified.
The Coagress shall, by law, provide for the manner in which
one who is to act as President shall be selected until a President
or a Vice-President sha ll have qualified, in ca se of death, perma-
nent disability, or inability of the officials mentioned in the next
preceding paragraph.
SEC. 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall
become the President to serve the unexpired t erm. In case of
death, permanent disability, removal from office, or resignation
of both the President and Vice-President, the President of the
Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or resignation
of the Acting President. He shall serve until the Ptesident or the
Vice-President shall h a ve been elected and qualified, and be
subject to the same r estrictions of powers and disqualifications
as the Acting President.
Classes of Presidential succession.
The Constitution pr ovides for t wo (2} classes of Pr esidential succession,
to wit:
{1) J3.efore of offi,:e by the President -elect at the time fixed
for t he beginning ofhiR term (Sec. 7.), i.e., at noon on J une :30 following the
day ofthe election (Sec. 4, par. 1.); and .
(2) of office by the President-elect at (or subsequent
to) the time fixed for the beginning of his term. (Sec. 8.)
..
Sees. 7 -A ART. Vll. - EXECUTIVE DEPARTMENT 215
When vice-President shall act as Presint.
The President-elect and the Vice-President-elect shall a!':sume office at
the beginning of their terms, i.e., at noon on the 30th of June next following
the day ofthe election. (Sec. 4, par. 7.)
In any of the following cases, the Vice-President shall act as President:
(1) If the President-elect fails to qualify; or
If a President shall not have been chosen; or
(a) In case of temporary inability or incapacity of t he President to
discharge his powers and duties.
The Vice-President-elect shall act as President until the President-
elect. shall have qualified, or a President shall ha\e been chogen and
qua lified (Sec. 7.), or the disability shall have terminated. (see Sec. 11.)
When Vice-President shall bec.ome.President.
....__ ___ . - .. - .. ' - ''' . ... -
In any of the following cases:
(} 1 If at t he beginning of the i,erm of the President, the President -elect
shall have died or shall have become permanently di <>abled (Sec. 7, par. 4.);
or
c.zi. After of office, in case of death, permanent disability,
r emoval from office, or resignation of the President, in which case the Vice-
President shaJl serve the unexpired term. (Sec. 8, par. l.l
In the above cases, there is a permanent vacancy in the office of
P resident.
Where there are no President
and Vice-President.
(1) - -The Senate President or, in case of his inabil-
ity, the Speaker of the House of Representatives, shall act as President
until a President or Vice-President shall have been cho.c;en and qualified
where no President and Vice-President shall have been chosen or shall
have qualified, or where both shall have died or become permanently
disabled at the beginning of the term of the President. (Sec. 7, par. 4.)
( 2) The Senate President or, in case of his inabil-
ity, t he Speaker of the Hou.se of Representatives, shall act as President in
case of death, pPrmanent disability, removal from offlce. or resignation of
both the President and Vice-President until the President or Vice-Presi-
dent shall have been elected and qualified. (Sec. 8, par. 1.)
(3) Where Senate President and Speaker unable to act as President.
- Congress is mandated to provide by law for the case when both the
President and the Speaker are also unable to act as President, or
tor the case of death, permanent disability or res ignation of the acting
216 TEXTBOOK ON THJ:; I'HlLII'I'INE CONSTITUTJOX Se(':>. 910
President, as to who shall act as President, including the manner of his
selection, until the President or shall have been elected and/
or qualified. (Sees. 7, 8, last pars. i
SEC. 9. Whenever there is a vacancy in Office of the Vice-
President during the term for which he was elected, tbe Presi-
dent shall 1mminate a Vice-President from among the l\lembe'";s
of the Senate and the House of Representatives who shall as-
sume office upon confirmation by a majority vote of aH the
Members of both Houses of the Congress, voting separately.
Vacancy in the Office of the Vice-President.
In case a permanent vacancy occurs in th(! Office of the Vice-President
during the tc1m for which he was E>lected, the President shall nominate a
Vice President from among the members of the Senate and the House nf
Representatives.
The nomination is subject to confirmation by a majority vote of all
members of both Houses of Congress, voting Reparately. The nmninee
- .
assume office upon such confirmation.
SEC. 10. The Cong1ess shall, at ten o'clock in the morning of
the third <lay after the vacancy in the offices of the Ptesident and
Vice-President occur.;;, 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 such special election
shall be deemed certified under paragraph 2, Section 26, Article
VI of this Constitution and shall become law upon its approval
on third reading by the Congress. Appropriations for the special
eJection shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4,
Section 25, Article VI of this Constitution. The convening of the
Congress cannot be suspended nor the special post-
poned. No special election shaH be called if the vacancy occurs
within eighteen months before the date of the next presidential
election.
Vacancy in the Offices of both the President
and Vice-President
(1 l Special ele.cti.r>n._-:-- In case of a permanent vacaney in the Offic-es of
both the President and Vice-Preuident, the Congres!' shall convene and
enact a Jaw calling for a special election to elect a President and Vice-
PresirlE!nt. The convening of Congress cannot be suspended nor the holding
of the election postponed as required by Section 10. The bill calling
Sec. ll i\Hl' . VII .- DEPARnff:NT 217
f(l r the election is not subject to tht> requirements prescribed in
Scct.i nn.s 25(4) and 26t 2) of Articl e VI.
C2 l Presiclential ekc_ti.QJJ., .-=::- No election shall be called if
lhe vncancy occurs 18 before the date ofthe next
tial election. The reason is obvious. Such special electi on becomes unneees-
sHry and costly since t.he elected President and Vice-President will serve!
only for a s hr,rt period to end when the term of their successors begin.
SEC.ll. Whenever the President 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 , and until he transmits to th em a written
declaration to tbe contrary. such powers and duties shall be
discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the Speaker of the
House of Representatives tlteir written declaration that the
President is unable to discharge the powers a nd duties of his
office, the Vice-President shall immediately ass ume the powers
a nd duties of the office as Acting President.
Thereafter, when the President transmits to the President of
the Senate and to the Speaker of the House of RepresentatiYes
his written declaration that no inability exists, he shall reassume
the powers and duties of his office. Meanwhile, should a major-
ity of all the Members of the Cabinet transmit within five days to
t;he President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is
una ble to discharge the powers and dut ies of his office, the
Congress shall decide the issue. For that purpose, the Congress
shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.
If the Congress, within ten days after r eceipt of the last
written declaration, or
1
if not in session, within twelve days after
it is required to assemble, determines by a two-thirds vote of
both Houses, voting separately, that the President is unable to
discharge the powers and duties ofhis office, the Vice-President
shall act a s President; otherwise, the President s ha ll continue
exercising the powers and duties of his office.
Rules in case of temporary disability
of the President.
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
determined nor how and by whom his fitness to re.=;um(! the
21S TF.XTBOOK ON '!'HE PHlUPP1NE CONSTITVTJON Sec. 12
office was to be te.sted.
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 disabled Pre.siden:t could insist on
his capacity.
Section 11 solves the vexing problom of determining t.be existence and
termination of presidf'nlial incapacity in cases of dispute.
(1) l}!claration .. -The President may transmit to the
Senate President and t.he Speaker of the House of Representatives
written declaration that he is unable to discharge the powers and duties of
his office. In such case, 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. (Sec. 11, par. l.l
(2) . c;_gf2!:!_1_f,t. - In case a majority of all
the members of the Cabinet- who are all the President'8 men--- transmit
such written declaration, the Vice-President shall immediately assume the
powers and duties of the Office a1> Acting President. Thereafter, upon
transmitting his written declaration that no inability exists, the President
shall reassume the powers and duties of his office. (pars. 2 and 3.)
(3) 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, Congress by a vote ofboth Houses, voling separately, shall
decide the existence and/or t>rmination of presidential incapacity. (last
par.)
SEC. 12.ln ca'5e of serious illness oHhe President, 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, shall
not be denied access to the President during such illness.
When public to be informed of President's
state of health.
The problem of temporary incapacit-y was l).ighlightcd during the presi-
dency of Ferdinand Marcos in 1983 when his illness and lack of provision
for succession exacerbated political and economic
1
All kinds
of speculations about his physical condition were mad0 and heard espe-
cially during the last yean; of his ..
This problem, a serious matter indeed involving as it docs national
Elccurity r.nd public interest., has been solved by Sedi'Jns 1 1 and 12. In case
of serious illness of the Presi.dent, the public has a right to be informed of
'1970 lJPLC Cons I itut.ion Project, p. 44il.
'1986 L'PL Constitution Rcvio;il>n Executive Dcpartmcmt, p. 20.
Sec. 13 ART. VTT.- RXF:CUTIVE 219
the state of his health. To safeguard the interest of the nation, particularly
during abnormal times, the Constitution declares that Cabinet members in
charge of a nd and the OUQL<?f
shall not be denied access to the President during such illness.
}.'lote that Section . .. DC.ipaci-.
tate
............. ----
SEC. 13. The President, the Vice-President, the Members of
the Cabinet, and their depu t ies or assistants shall not, unless
otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly practice any other profession,
participate in any business, or he financially interested in any
contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or instrumental
ity thereof, including government owned or controlled corpora
tions or their subsidiaries. They shall strictly avoid conflict of
inte rest in the conduct of their office.
The spouse and relatives by oonsanguini ty or affinity within
the fourth civil degree of the Preside:!\! shall not during his
tenu"'relieappointed as Members of the-Constitutional Commis
sions, or the Office of the Ombudsman, or as Secretaries, Under-
secretaries, chairmen or heads of bureaus or offices, including
government-owned or -controlled corporations and their sub-
sidiaries.
Disabilities of President, Vice-President, Members
of Cabinet, and their deputies and assistants.
(1)-PLohibW.on.s. durin.g..J..b.e.i.r . .t.eau.ra. -During t heir tenure, the Presi-
dent and Vice-President, as well as Members of the Cabinet and their
deputies and assistants are subject t.o prohibitions, namely:
fl> They shall not hold, unless otherwise provided in the Constitu-
tion (see Sec. 3; Art. VIII, Sec. 8fll; Art. IX, B-Sec. 7, par. 2; Art. XII,
Sec. 9, par. 1.), any other office or employment;
'
'b) They shall not practice any other profession;
1'hey shall not participate, direct ly or indirectly, in any busi-
ness;
{d) They shall not be financially interested, directly or indirectly,
in any contract with, or in any franchise (see Art. XII, Sec. 11.) or
special privilege granted by t he government or any subdivision, agency
or instrumentality thereof including any government-owned or -con-
trolled corporation or their subsidiaries; and
They shall strictly avoid conflict of interest (between personal
or family interest and public interest) in the conduct of their offi.c.
220 Tt:XTijOOK ON THE PHILIPPINE CONRTITll'fiON
(2) Purp_ose of" .. - The purpose of the prohibitions is to
insure that the otlicials (the President particularly) will devote
their full time and at.tention to their official duties, prevent them from
extending special favors to th(ir own private business which under
their official jurisdiction, and assure the public that they will be faithful
and dedicated in the perfl)rroance of t.heir function s.
1
(3j - Similar restrictions
apply to the Member s of Congress iArt. VI, Sees. 13, 14. ) and of the
Constitutional (Art. IX, A-Sec. 2. ), and Tanodbayan and
his Deputies. (Art. XI , Sec. 8.) They seek to stress the principle that public
office is a publie truflt. <Ibid., Sec. l.J
Bu.l.e_on nepotiSQl
In addition to the above disabilities, the President is prohibited duri ng
his tenure from appointing his spouse and relatives by consanguinity or
affinity within the fourth dvil degree fe.g., up to first cousin, grand nephew
and grand niece) to any of the positions mentioned. (Sec. 13, par. 2. )
The Constitution seeks Lc> s t op the practice i.n t he past when the Presi-
dent appointed his wife, children and many of their close relati ves to high
positions in the government.
SEC. 14. Appoint ments extended by an Acting President
shall remain effective, unless revoked by the elected President
within ninety days from his assumption or reassumption of
office.
Appointments extended by an Acting
President.
(1 i 'e owers and functions of - An acting President
exercises the and functions of the Office of until a Presi -
dent shall have qualifi ed or shall have been elected and quahfied (Sees. 7
and 8.), or his tempora1y incapacity shaJl have terminated. (Sec.Jl.) He is
not the incumbent President. He has not become President to the
unexpired portion of the term. There is only a temporary vacancy.
(2) Revocation by PrE!sident. .. ()_fJh(: .. The- ap-
pointments extende-d by <ln Acting President are naturally valid and effec-
tive. However, the ele<.:t.ed President is given the- power to revoke them. He
should not be forced to endure important appointments he cannot accept.
' Chiefs and rtnd their- are not among such orficials.
The exe:mpt ion i;; t.o givt' them a chan<:;; tn t'ngage in some l t.wful aclivity to augment iheir
income. At any rate, dvil service rule,:; already provide thnt <)fficers and cmployeetl of
the government prohibi ted from engaging in business unl ess with the permission of their
department hE->Mls. UnU('l' tho d(1partment hoad11 mu;.;t make <!lure thllt the
business activity or pr;u:ti(.e ofprofc;;sion not interfere with t.he work of the official:; nor
bring about any conni ct. of interest.
Se-es. 15 16 221
But must make the revocation within 90 days from his assumption or
reassumption of office . The period is deemed sufficient to enable him to
study the a ppointments. At the same time. it prot('cts the govE.'rnment
officials concerned from having the of Damocles of possible removal
or replacement hanging over their heads indefinitely.
SEC. 15. Two months immediately before the next presiden
tial elections and up to the end of his t-erm, a President or Acting
President shall not make appointments, except temporary ap
pointments to executive positions when continued vacancies
therein will prejuclice puhlic.sex-vice or endanger public safety.
Appointments preceding a presidential
election.
(1} f.r:qhtb. ited if mqde w.ithia ... t.wo C2J month:< before. - 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.hc incumbent President or
the tenure of the Acting President. The purpose is to stop or curb the
possible misuse by t.he outgoing President of the power of appointment for
the purpose of enlisting political support during the Presidential election
and for partisan considerations after his dd'eat.
In the past, two former Presidents extended so-called '' mass rnidnight"
appointments or last-minute appointments to f:.wor(.>d purty men or
recommendees of political supporters.
(2) - .I.empor.acy .appoi.ntrnonts to
vacal).cies or
are not _by the reason i s vP.r y obvious. Note
the requisites, the must be: { ct I t E.'mporary in nature; {b) to
executive positions; and (c) urgent in the jntere8t of pub lit: service or public
safety. Permanent appointments to judicial positions are, therefore, also
covered by the prohibition. (see Art. VIII, Sec. par. 2.)
(3) Allowed if made more than two (2) months bt>fore. -Appointments,
whether permanent or temporary, to executive or judicial position. ex-
tended by the incumbent or Acting President more than two 12) months
preceding the date of the next Presidential election, are valid. What Sec-
tion 15 prohibits are appoi.ntments, whether permanent or temporary, to
executive positions, made within the two (2)-month period except in re-
spect t o temporary appointments to executive positions which have to be
filled immediately.
SEC. 16. The President shall nominate and, with the consent
of the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers
and consuls, or officers of the armed forces from the rank of
TEXTBOOK ON 'l'HE PHILIPPI Nr: CONSTITUTION Soc. 16
colone l or naval captain and other officers whose appointments
arc vested in him in this Constitution. He shall also a ppoint all
other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be
author ized bylaw to a ppoint. The Congress may, bylaw, vest the
appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments
during the r ecess of the Congress, whether voluntary or compul-
sory, but such appointments shall be effective only until disap
proval by the Commission on Appointments or until the next
adjournment of the Congress.
Meaning of appointment.
Appointment is the of desi.gnation by the executive officer, board, or
body to whom the power has been delegated, of the individual who is to
exercise the functions of a given office.
1
Nature of power to appoint.
The power of appointment is intrinsically an executive prerogative. The
legislative body creates the office, defines its powers, limits its duration,
a nd provides the compensation. This done, its legislative power ceases. It
has nothing to do with designating the man to fill t he office.
2
The executive nature of the appointing power does not i mply no
appointment by Congress and the courts can be made. They may also
appoint t hose officers who necessary to the exercise of their own
functions. (see Art. Vl, Sec. 16fl); Art. VIII, Sec. 5(6J.J
Officials whose appointments are vested
in the President.
(1) Under Section 16. - The power of the President to appoint high
officers in the government. is shared by the Commission on Appointments'
power to ratify or reject. The officials whom the President i::; authorized to
appoint under Section 16 are:
la) The heads of executive departments,
3
"ambassadors, and other
public ministers and consuls;
Puh. Offices and Officer s, Sec. 102: Borromeo vs. Mariano, 41 Phil. 322;
Aparr i vs. Court of Appeals, 127 SCRA 2:31, Jan. ;n, 19A4.
Gov't. of the Phil. Is. Springer, 50 Phil. 259.
'The.)' to who are mtmbers of the cabinet and who head and
run a r egular depart ment (e.g., Department of Agri cul ture) and its subor dinate offices. Not
every official of Cabinet rank is a head of a depa rtment. Some Presidential assistunts (e.g.,
ART. VII .- 1:XI':CUT1VE DEPARTMENT
(b) The t)f tht' F'orCL' :< (Jf t he Philippines from the
rank of colont:>l or m1v<tl captaiu :
::c) Other <.vhnse appoi ntments are ves t.cd in the Pl'esident
by the Constitution;
(d) All other officer s of the Government who::;e appointments a1e
not otherwise pro\ided for by law, and they refer to officers to be
appointed to lower offices by Congress where the latter omits to
provide for appointments to said or provides in an unconstitu-
tional way fm such appointments; and
(e ) Those whom he may be authori z-ed by law to appoint such as the
heads of or -controlled corporations, department
undersccretarie;s , heads of bureaus and offices, and other officials.
The may impose qualification::; for appointment public
offices of relevance to the dutitlS to be performE-d.
(2) Under oth'!.r rnm.i:-;ions . -- The Prt>sident, likewise, under other
provisions ofthc Coustitution, appoints the members of the Supreme Court
und judges of lower courts including the St=\ndiganbaynn (Art. VIII , Sec. 9;
s ee Ar t. XI, Sec.. 4.), the regular members of the Judieial and Bar Counci l
t Art. VIII. Sec. 8f21.), the Chai and the Commi ssioners of the Civil
Service Commission <Art. rx, B-Sec. ll2 1. 1, the Chairman and the Commis-
of the Commission on Electlonl> (Ibid., C-Scc. H2ll, t he Chairman
and the Commissioners of CommiHsion oo (!bid., D-Sec. ll2].),
and the Ombudsman anrl his D>pulies. (Art. XL Sec. 9.\
The Com.;titution does not. stHtt:' the appointing uuthority with respect
t'> the Chairman and Membcr.s. of the Commission on Human Rights. (Art.
XIII , Sec. 17.) Tht>re is no doubt, however, that the power to appoint them
i s lodged i n the President. (seP. Sec. 16. )
Confirmation of appointments by Commission
on Appointments.
Only the officer!S in the tirst three (aJ groups enumerated in Section 16
art:! appointed by the with the <:onBent. (confirmation) of the
Commission on Appointments. Departmt>nt undersecretarie::; and heads of
bureauH and cer.-t.{lin ofli.ces under t he different depal'trncnts which are not
<.:<ll led hureau1' like the Securitir:. s and Exchange CommiStiion, Insurance
Commission, N<itional Administratil)n, etc. , are no longer in-
cluded among those whose appointments are t.o be confi rmed hy t he Com-
mission on Appointments. 1.se0 Art. VI, Sec. 18.) 'l'he purpose is to insulate
them from the baneful influence of parti::;an politics. 1'hey are civil service
? rcsidential on :\ffni,;; J gi\.,n th r;rn k of Secretary and arc so
addrc.,sl!d but they :n P. not Cabin+'!. nH:mher.o;. They de> nnt head departments and
t hdr appoi ntment.<; not ,;uhmit.ted w on Appointments for confirmation.
224 TEXTBOOK Ol\i THE PHILIPPINE COt\.STITl.:TJON Sec. 16
officers whose appoiutment:s are supposed to made only according lo
merit a nd fiLness. (Art. XII. B-Sec. 2l2] .) '
The of the judjciary and the Ombudl;man and his Deputies
arc <lppointed by the President upon re<.:ommendation of the Judicial and
Bar Council without need of C(mfirmation by the Commission on Appoint-
menU; . ThCl appointment of the Chairman and Member s ofthe Commission
of Human Rights does not also require confirmation by the Commission on
Appoi ntments. Also, not s ubject to confir mation are the ranking officers of
t he Philippine National Police (PNP; which is a civi.liali organization dis-
tinct from tlw Armed Forces of the Philippines (AFPJ. ( SCt' Art. XVI , Sec. 6.)
Appointment by other officials.
Congress may, by la w, vest. in the courts, heads of departments,
cies, <.:omrnissions, or boards, the powe1 to appoint other officers lower in
rank (e.g , Chiefs of di visions or sections) in their respective offices. {Sec.
16, par. l. j ThE:' phras<: "lower in rank' ' refers to officers subordinate to
thosE- enumerated in whom respectively the power of appointrnent
may be vested - t he heads of executive departments , agencies, commis -
sions, and hoards. 1\ ppointments of minor may also be vested in
them. The Suprenw Court appoi;1ts all offici als and employees of the
judiciary. <Art. VI II, Sec. 5[Gj. )
' fhe phrase does not incl ude heads of bureaus and offices not specifi -
cally mei! tioned in the Constitution as among those to be appoint ed by
President wl1o subordinates of Cabinet members. By l.aw, their ap-
poi ntmen t s ves ted in the PreBident.
Kinds of presidential appointments.
Appoint.rr:ents which are r equired to be submitted to the Commission
on i\ppointments a re
i 1 J regular appoi ntments or those made during the sessions of Coo-
g-reRs !Sec. lG, par. 1. ); or
l 2} acl int.erim appointments or those made during a r eccs :) of Congress .
Ubid., par. 2.J
Wit h respect to r egular appointments subject to confirmation by the
Commission on Appointment s, the President issueR a nomi nation as a
preliminary to 3ppointment, to be approved by the Commission on Ap-
pointments. So there i:) no appointment yet in s t r ict sens e until it is
confi.rm('d. It is clear that there are three (3) stages in regul ar appoiut-
ments, to wi t: nomination by the President, consent by the Commission on
App(lintnHmts, and appointment by the President.
Ad interim appointments.
The second paragra ph of Section 16 r efers t o ad interim appointments
or appointments made by the President during the recess of Congress,
Sec. 16 II HT. VII.- DEPAR'DfF.NT 225
whether such is voluntary or Compulsory recess takes
place when adj ourns, while voluntary recess is that which takes
pl ace before t he adjoumrnent of Congres..;, like a Ch ristmas
Under the Constit nlion. the Commission on Appointments, which ap-
proves major appoi.ntmenls of the President, meets only whe n Congress i s
in session. tArt. VI , Sec. 19. J The 1ece!'\s appointment power keeps in
continuous ope ration t he busi ness of government when Congress i ;; not in
session. But the appointments shall cease to be effective upon rejection by
the Commission on Appointments or, if not acted upon, at the adjournment
of the next reguiar or special, of Congress. In other wo1ds, in the
secund situation, the appointment remain-" eil'ective until the end of the
session foll owing such appointment or "until t h e next adjournment,'' not
until t he next (vulnntary; reepgs. This is to give the Commission on Ap-
pointments time to delibe:ate upon the before confirming or
rejecting i L.
Section 15 gives th( President t he: power to make temporary appoint-
ments . Section 16 ip<n. 1. ! refers to the regul at a ppointing power of the
President.
Kinds of appointment in the career
services.
They Me:
( l J Permcu1ent . .. _. <.1rH which is issued to a per:;on who meetti all the
requireme nts for the p1.l:'i tion to which appointt:>.d; it l asts until it i s
lawfully t erminated. ThP. holde:r of such appointmr:: nl eannot be removed
except only for cause:
1
and
(21 T,mporory or ru.' tin!J. - one which i s to a perl:'on who meets
all the require!llent;: for the posilion to which he is being appointed except
the appropriate ei\'il ellgihility; it shall not exceed 12 months, but
the appointee may be replaced socincr if a qualified civ.il service eligible
becomes available. The holder of such appointment may be removed any
time e ven wi thout a h(rtring or cause.:
Steps in the appointing process.
They are:
(l ) Ap{Jointment . - It is the m: t of t he appointing power. It may include
the issuance by the of the commi lision, which is the written
evidence the appointment: and

(2) Acceptance. - It is the act of the appointee. He may or may not
accept the a ppointment. But acceptance thereof i s necesary to enable hi m
1
Presrdcnt.ial UP.l:l't:" Xo. bOI. ;S('C. 2!1.
'Jhi rl .
TI<:XTBOOK ON T HE PHJLTPPJNE CONST ITUTIOK SE::c. 16
to have full possession, enjoyme-nt, and responsibility of an office. It is not,
however, necessary to t he legali ty of the
Kinds of acceptance.
Acceptance may be:
( 1) Express. -- when doM verba lly or in writing; and
( 2 ) I mplied. - when, wi t hout formal acceptance, the a ppointee enters
upon the exercise of the duti es and functions of a n office.
The best formal evi dence of the acceptance is undoubtedly the qualifi-
cation of the officer appointed by taking the oath of office. In some in-
stance!:!, the law requires a bond be p()sted.
Meaning of designation.
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.o
perform his duties or there <:xists a vacancy.
7
It is, therefore, different from appointment.
Removal power Qf the President.
Removal is th e ouster of an incumbent before the expiration of his term
of office.
The Constitution contains no provision expressly ves ting in the Presi-
dent t hP. power to remove executive officials from their posts. Nevertheless.
the power is possessed by hi.m, as it is implied from any of the fol1owing, to
wit:
(1 > from his power to appoint which carries with it t he power to re-
move;
(2) from t he nature of the "execut ive power exercised by t he Presi-
dent, the power to r emove being executive in (Sec. 1.);
(3 ) from the President's duty to execute the laws (see Sees. 5, 17 .);
(4) from the President's control of all departments, bureaus and offices
(Sec. 17.); and
(5) from the provision that "no officer or in the Civil Service
shall be removed or suspended ex(:ept for cause provided hy law." (Art. IX,
B-Sec. 2[3J.)
6
Borromeo vs. Manalo, 41 Phil. 322; Lacson vs. Romero, 84 Phil. 740.
"Administrati,e Cnde uf 1HH7, Book IJ J. Sectiun 17.
17 ART. Vll. - F,XECUTI VE DEPARTMJ:;:-IT 227
Whete the power to appoint is vested by law in the courts, tht:! heads of
departments, etc., Congress may ulso provide that those appointed may be
removed by them, subject to .such r estrictions as it deems best to impose for
t he public: interest.
Extent of the President's power
to remove.
(1) With r espect to officers exercising purely executive functions whose
tenure is not fixed by law (i.e. , members of the Cabinet), the President may
remove them with or without cause and Congress may not restrict such
power.
(2) With respect to exercising quasi-legislative or quasi-judi-
cial functions (e.g., members of the Securities and Exchange
they may b"' removed only on grounds provided by law to protect their
independence in t he di.sdtarge of their duties;
( 3 ) With respect to constitutional officers r emovable only by means of
impeachment (see Art. XI , Sec. 2.), and judges of lower courts (Art. VIII,
Sec. 11.1, they are not subject to the removal of the President; and
(4) With respect to civil service officers, the Presidt>nt may remov(!
them only for cause as provided by law. (Art. IX, U-See. 21:11.1
SEC. 17. The Pres ident sh all have control of ail the executive
departments, bureaus, and offices. He shall ensure that the laws
be faithfully e xecuted.
Power of control over alf executive departments,
bureaus and offices.
The above pJovision emphasi zes the rolE> of the President as adminis-
trator.
As administrative head, the duty of the Presidtmt is to see to it that
every department, bureau and office under the executive branch i t; man-
aged and maintained properly hy the person in charge of it in <:w:ordance
with pertinent Jaws and regulalions.
1
There arc two factors that. contribute
to t he effective hold and cont r ol of the Pregident over all executivt' depart-
ments, bureaus and offi<:es, to wit :
(1} The power of'appointm,nt 16.), with which he may choose men
of competence and confidence; and
(2) The power ol removal (which is implied in the power to appoint),
with which he may weed out incapable and dishonest officials.
1
V.G. Sinco, op. cit .. p. 235.
228 TEXTBOOK ON Till'; l'HILIPPINE CONSTITUTION Sec. 17
Naturt3 and extent of the power of control.
( 1) Over cabinet members. -The power of control of the President is in
line with the concept of Cabinet members serving as alter egos (Lat.,
another I.) of the President. It implies that he may alter or modify or set
aside what a subordinate officer had done in the performan<.:e of his duties
and to substitute his judgment for that of the latter/ act directly on any
specific function cntruRted to the offices concerned, direct the performance
of a duty, r estrain the commission of acts, determine priorities in the
execut ion of plans and programs, and prescribe standards, guidelines,
plans and programs.
(2) Over other subordinate officers. -- The power of contr<Jl of the
President over all execuli ve departments, burcEJ.us and offices is not just
over the heads thereof but extends to all other subordinate officers. It
includes the power to supervise, investigate, suspend, or remove officers
and employees who belong to the executive branch if they are appointed b:y
him or do not belong to t he career service.
(3) Over officers and empLoyees in the cq_reer service. - The President,
however, has nv authority to directly investigate and thereafter remove
even for cause, an officer or employee who belongs to the career service.
(see Art. IX, B-Sec. 2r3J. i Such officer or employee fall s under the original
and exclusive jurisdiction of the Civil Service Commission insofar as inves-
tigation is concerned. A direct action of the President would deprive them
of due process as guaranteed by the Civil Service Law .:
1
Power to insure that the laws be
faithfully executed.
(1) Primary function of President. - As the Executive in whom the
executive power is vested (Sec. 1.), the primary functi on of t he President i s
to enfor<.:e the l aws. Before assuming office, he 'is required to take an oath
or affirmation to the effect that as President. of the Philippines, he will,
among others, ''execute its laws." (Sec. 5.) Now, he "s hall insure, that the
laws be faithfully executed." (Sec. 17.)
(2) More of (l mandatory dut:y than a power. -- The function of the Presi-
dent to sec that the laws a re faithfully executed is more of a duty than a
power, to be discharged by him personally and through subordinates under
his control or supervision. (see Art. X, Sees. 4, 16.) To say t hat 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 admin-
istration of justice. It is his mandatory duty to enforce the laws of the land
regardless of his opinion about their wisdom, advisability or validity. A law
is presumed valid and constitutional until judicialJy declared otherwise.
2
See Mondalo vs. Silvosa, 97 Phil. 143.
'l'fhe law is the Civil SE-rvice DecrP.e of the Philippines. <Pres. Decree No. H07 . I See Ang-
angco vs. Castillo. L-1716H, l\:vv. 30, 1963.
Sec. 18 ART. VII. - EXECUTIVE DEPARTl\lENT 229
SEC. 18. The President shall be the Commandet-in-Chief of
all armed forces of the and whenever it becomes
nec:sary, he may call out such armed forces to prevent or
suppress lawle-:;s viole nce, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it,
for a period not suspend the privilege of
the writ of habeas corpus or place the Philippines or any part
ther eof under martial law. Within hours from the
proclamation of martial law or the suspension of the privilege of
the writ of habeas corpus, the President shall submit a report in
or in .w.rjtin.g to the The Congress, voting
.. by a vote of a t majority of all its Members in
regular or special session, may revoke such proclamation or
s uspension, which revocation shall not be set aside by the
President. Upon the initia tive of the President, the Congress
may, in the same manner, extend such proclamation or suspen-
sion for a period to be determined by the Congress, if the
invasion-er rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceed-
ing filed by any citizen, 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 and must promulgate its
dedsion thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
l egislative assemblies, nor authorize the conferment of jurisdic-
tion on military courts and a gencies over civilians where civil
courts are able to function, nor automatica lly suspend the
privilege of the writ.
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in
or directly connected with invasion.
During the of the privilege of the writ, any person
thus arrested or detained shall be judicially ch arged within
three days, otherwise he shall be released.
Military power of the President,../
.
The above section prov)des for the military power of the President.
(1) Powers to meet emergency situations. - It mentions three extraor-
dinary remedies or measures which the President is empowered to utilize
230 TEXTBOOK ON THE PHILIPPINE CONS1'lTUTJON St-c. 18
in meeting emergency s ituations:to' call out the armed forces; t.o suspend
the privilege of t he writ of habeas corpus; and t o declare martial l aw. The
Constitution has provided another built-in measure to cope with any crisis
or emergency: emergency powers expressly delegated to the President by
Congress (under VI, Sec. 2;1f2l.l.
( 2) Commander-in-Chief of' the Armed Forces. - The Const itution makes
the President, a civilian, t he Commander-in-Chief of all armed forces of the
Phil ippines.
1
He i!> authorized, whenever it becomas neceasary, to call out
such armed forces to prevent or suppress lawless violence, invasion, or
rebellion. This provision ensures the supremacy of the civil authori ties
over the military forces of the government. (see Art. II, Sec. 3. )
Powers of President as Commander-in-Chief
of the Armed Forces.
The President is not only a civil offlcial. As Commander-in-Chief of
t he Armed J:t'orces , he is also in a sense a military officer. He is not,
however , a member of the ar med forces, and consequently, he is not subject
to court martial or military discipline.
2
As Commander-iu-Chief, the President has control of the military or-
ganization and personnel whether in peace time or in war time. Re is givE>n
the broad powers to call out the armed forces to prevent or
lawless violence, invasion, or rebellion. A-l e is also empowered to <.: ffa ie
military tribunals to try persons who violat e military laws or commit
crimes agains t nationa l security. H.9wever, ev_en of.;nartia,UY.,
m_i}ij:ary__ agen_cies ha:ve no over
c.ourts ar.e . .ahle t o functio.u. (Sec. 18, par. 4.)
ln thtui.'LCllLo.f.war,.the . .Pre.sid.eot .rwrmaUy ... \'<.VJJld. .d.ele_g_a.t.e.
_q[J,he for ces to hi!?. military t:.he
f O.JJ1.Ifl.a. fld .. ...
Authority of Congress over the armed forces.
,Congress shares with the President his authority over t he armed forces.
It the money a nd makes t he l aws for thei r governance. To it
belongs the sole to declare the existence of a state of a war. (Art. VI,
Sec. 23ll]. )
Power to suspend privilege of writ of habeas
corpus.
Two conditions are necessary in order that the President may suspend
the privil ege of the writ:
,<I > must be invasion or rebellion; and
'This power covers the Philippi ne National Police (P:-/P).
1
Sw1:1rtz, The Powers or the President C196a), p. 215.
Sec. 18 AR1'. VTL - EXECUTIVE DEPARTMBNT 231
The public safety must requi re the suspension.
This particular topic has previously been discussed under the Bill of
R.ightf:<. ( see Art. III, Sec. 15, par. l, supra. )
Power to declare martial law.
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 . fl9wev_e..r .. .the..C.oru;.titutionmak.e..s it clea.r.
tion of .. not automatically suspend the privilege of the writ.
par. 4. )
1
The s us pension of t he privilege s hall apply only with respect to persons
judicially charged for rebellion or offenses inherent in, or directly con-
nected with invasion. (Ibid., par. 5.) A person arrested or detained must be
released if not judicially charged within three (3J days. Ubid. , last par.)
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. And even when the privilege of the writ of
ha.beas corpus suspended, t he right to bail is not impaired. (Art. III, Sec.
13. )
The power to proclaim martial law includes t he power to make all
needful rules and with the force of law until the termination of
martial rule.
Mean!ng.oLmartlal law:.
(1) In its sense .. it includes all laws that have reference
to and are administered by the military forces of the State. They include:
ta) The military law proper, that is, the laws enacted by the law
maKing body for the government of the armed forces; and
(b) rulct< governing the conduct of military forces in times of
war and in places under military occupation.
( 2) In its strict sen:w, 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 The Constitution refers to this
meaning of martial law.
Basis, object, and duration of martial law.
(1) Basis. - The right to declare, apply, and exercise martial law is one
of the rights of sovereignty. It is as essential to the existence of a nation
the right to decl are and carry on war.
1
The power is founded on necessity
and is inherent in every government.
Willoughby, 2nd ed., p. 1586.
Am. Jur. 24 1.
232 TEXTBOOK ON Tim Sec. 18
(2) Object. - - The object of marti al law is the preservation of the public
safety and good the right and power good order,
security - government itsel f- may be des troyed and obliter ated ... when
the domination of lawless elements becomes so powNful that it cannot be
stopped by the civil a uthor ities.
(3 ) Duration. - Bei ng founded 011 neeessi ty, the exercise of the power
may not extend beyond what is required by thP. exigency whith it call
forth.G Section 18 (par . l. i sets a t ime limit for t he duration of t he state of
martial law and t he suspension of the: privilege of the writ of habfas
corpus.
Restrictions on the exercise of the two
powers.
The Constitution imposes reslridion::; on the Pre"ident\ power t.o de-
clare martial law and to !:;uspend t he privilege oft.he wri t. corpus.
The lessons learned by the people from 14 of marti al rule mainly
account for their imposition. Moreover, these extraordinary powers fall
heavily on .human rights. Only when absolutely necessary should the Con-
stitution provide for a derogo.tion from the ccmplcte exercise of such rights,
and when carried out, should cause the least curtailment thereof.
7
The r estrictions are on the conditions. duration, and effects of the
exercise of the powers. They arc:
(-1) There must be (actual ) i nvasion or rebellion and pulllic safety
the prodamation or s uspen::;ion;
(2J The duration sh all not exceed 60 d ays unless exte nded by Congtess
(which must convene within 24 hours fo!Jowiug tho proclamation or sus-
pension without need of a call ) upo11 the initiative ol the Pres ident, i.e., he
must ask for extension of the proclamation or s uspension for a period t.o be
determined by Congress i.tsclf(Sec. l R, pars. 1 nnd 2. J;
(3) The President must submit a report in person or in writ ing to
Congress within 48 hours from the proclamation or sul;pension (!bid.) to
guide Congress in deciding the actjon il should takt>, i. e., revocation or
extension;
(4) proclamation or suspension :rnay be revoked by majority vote of
all the members of Congress voting jointly (not separatC'ly i which r evoca-
tion shaU noi be set asid!! by the Presidl'nt {]6id.J;
(5) The Supreme Court may inquire into t he suffi ciency of the factual
basiR of the proclamation or suspenRi on. (ibid., par. ;-u So, the of
'' Th u;;, it is a police power. (see Art. ITT, Se<.: . 9.1
uMoyer vs. Peabody, 212 U.S. 78; Duncu\ v:;. Ki:ihnnamok u, 2:.l 7 U.S. 304: Lawyer:;'
Journal, Oct. :n , 1972.
' W86 UPL Constitution Proj t>Ct., Depaatmc nt, pp. 24-:.15.
Sec. 18
ART. VII.-- EXECUTIVE DEPARTMt::-\T 233
both the President and Congress lin case of extension) are made subject to
judicial review; and
(6) The effects of a state of martial law are clearly spelled out, to define
the extent of the martial law power. (par. 4.)
Effects of a state of martial law.
The definition of the extent of the martial law powers is made by way of
denials, stating what are not the effects of a state of martial law. (par. 4.)
Thus:
(1 J 9P.?m.t.ipn !Jf..th.e C.an.s.tiJJJ.ti.tm. - It does not suspend the operation
of the Constitution. The declaration does not mean that the military au-
thorities will take the reign of government. Under the Constitution, civil-
ian authority is at all times supreme over the military. (Art. II, Sec. 3.) The
guarantees of the people found in the Bj]] of Rights continue to exist.
Whatever interference there may be with individual liberties or property
rights must be justified, as in the case of police power (see Art. lii, Sec. 9.),
by absolute necessity in the interest of national security or public welfare.
( 2 :1 .EUJ1&t.i.u!11i.. of.duiL JJ.ll.d.._lgi.sl.a.tine_.asse.m.blie11....- It does not
supplant the functioning of the civil courts or legislative assemblies. The
proclamation of martial law serves as a warning to the citizens that the
military powers have been called upon by the President. to assist him in the
maintenance of law and order. new powers are given to the President;
no extension of arbitrary authority is recognized; "fi.o civil rights of the
individuals are suspended.
8
.. a.ssist .. the
.civil government,.not. to supplant: it-.
(3) of military coud,s and agenc"S -It does not author-
ize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function. Under martial law, for
instance, 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. When martial law is
declared, civil authorities are not superseded by military authorities. Nor
are civil laws suspended.
( 4) .fri_vi(W,!!_Qf. the writ of . ...._ It does not automatically
suspend the privilege of the writ of habeas corpus. The privilege continues
to be available to persons under detention until by the Presi-
dent, subject to the restrictions imposed. (Sec. 18, 1 and 3.) The
suspension shall apply only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion. Any person thus
arrested or detained shall be judicially charged within three (3) days;
otherwise, he shall be released. (Ibid., pars. 5 and 6.) This provision could
effectively negate the suspension when an actual emergency occurs.
sec 3 Willoughby, 2nd ed., pp. 1591-1592.
234 TEXTBOOK ON THE CO:-;;STlTUTION 8ec. 19
SEC. 19. Except in cases of impeachment, or as otherwise
provide d in this Constitution, the President may grant r e
prieves, commutations, and pardons, and r e mit fines and
forfeitures, after conviction by final judgment.
He shall also have the power to gra,nJ with the
concurrence of a majority of all the Members of the Congress.
power .
........
The power to gr ant pardon and other acts of clemency to violators of the
l aw is traditionally vested in the Chief Executive of nation.
1
The
Constitution gives this power to the President in the above provision. This
power cannot be taken away from him nor can the exercise be
subject t o limitations or condit ions beyond those provided by the Constitu-
tion. (see i nfra.) Neither may the courts inquire into the or rea-
sonableness of a ny pardon granted by t he Presi dent. Hi s discretion is
absolute. (see, however , Art. VIII, Sec. 1, par. 2 . .1
The pardoning power extends t o all offenst's, including criminal con-
t empt (disrespect to or disobedience to a court whi ch amounts to a crime).
It does not give the Pr esi dent t he po\ver t.o exempt, except ftom punish-
ment, anyone from t he law.
Meaning of reprieve and suspension
of sentence .

..Be.pJ:J:.eue is the of t. he execution of a death f\entence to a
certai n date. It is diffen mt from suspension of sentence which i s t he post-
ponement of a sentence for an indefi.nite time.
Meaning of commutation.
QQJJ:J.nz utation i s the reduction of the sentence imposed to a lesser
punishment, as from death to life imprisonment . lt may he granted without
t he accept ance and even against t he will of the convict.
Meaning of pardon.
J'g.r d_q_n_ has been defim: d as an act of grace proceeding fr om the power
ent rusted with the execution of the laws (Pre::;identi which cxemp1 s the
individual on whom it is best owed, from the punishment the law inflicts for
a crime h e has committed.
2
(as t o meaning of parole, see Ar t. IX, C-Sec. 5,
infra.)
1
See Pres. Decrees No. 95, 124, :Hi4, 433. and 598. The l'rcsidt!nt acts gt!nerally, pursu-
ant to the r ecommendation of t he Board of Pardons and Parol e which headed by the
Secretary of Justice as its chairman.
2
De Leon vs. Director of :n Phil. 60.
Sec. 19 AHT. Vll. - EXECCTIVE DEPARTMENT 235
Object of pardoning power.
Executive clemency exists to afford relief from undue harshness or
evident mistake in the operation or enforcement of the criminal law.
The administration of justice by the courts is not necessarily always
wise or certainly considerate of circumstances which may properly miti
gate guilt. To afford a remedy, it has always been thought essential in
popular (democratic) governments, as well as in monarchies, to vest, in
some authority other than the courts, the power to ameliorate or avoid
particular judgments.
3
Kinds of pardon.
They are:
- when it is not subject to any condition whatsoever. It
becomes effective when made; and
when it is given subject to any condition or qualifi-
cation the President may see fit. It must be accepted by the offender to
become effective.
l..i mJJations uport th.e
They are the following:
!(.t') It may not be exercised for offenses in impeachment cases (Art. XI,
Sec. 2.);
I)) It may be exercised only after conviction by fin&l judgment (par. 1.);
t;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); and
< ' In case of violation of/election law or rules and regulations, no
pardon, parole, or suspension of sentence may be granted without the
recommendation of the (Art. IX, C-Sec. 5.)
._ .......... - -. - ... . .. . ..... ... . .. - ---.
Effects of pardon.
They are the following:
q1 It removes penalties and disabilities and restores h1m to his full
civil and political rights;
"Ex-parte Grossman, 267 U.S. 870; see Art. 5, Penal Code. In the review of
decisions in criminal cases i"cluding those where the death penalty is imposed, the Supreme
Coutt must reiy on the as presented to and evaluated by the lower courts. On the
other hand, the President, in the t>xercise of his constitutional prerogative to grant pardon.
stay of execution, or commutation of sentence, can take a broader look and con;;ider facts and
circumstanees beyond the record.
It is the failure to do ;;omething ordered by a court to be done in !l civil action for the benefit
of a party and is, therefore, an offense against thE! party in whose the otder is made. {17
C.J.S. 8.) on the other hand, is any conduct directed against the dignity or
authority of a court, which tends to bring the court into disrepute or disrespect. (17 C.J.S. 7.)
TEXTBOOK ON THE PHILIPPINE CONSTITUTION .Sec. 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;'' and
(3) It does not restore offices, property, or rights vested in others in
of the conviction.
6
Under our law, a pardon shall not work the
restoration of the right to hold public offices or the right of suffrage unless
such r ight expressly restored by the terms of the
Remission of fines and forfeitures.
The President has the po,.,.er to remit fines and forfeitures for all
offenses after final conviction. Th1s power may not be exercised by any
officE:r other than the President. But Congress may constitutionally au-
thorize other officers such as heads of depart ments or bureau chiefs to
remit administratiue .fines and for feitures.
8
Remission prevents the collection of fines or the confiscation of for-
feitecfpro.pcrty. The power of the is limited to fines or forfeitures
as have not been vested in third parties, or paid into the treasury of the
as funds cannot be paid out of the treasury without the
authority of Congress.
9
(Art. VI, Sec. 29[1J.)
Meaning of amnesty.
is an act of the sovereign power .granting oblivion a
pardon for a past offense usually granted in favor of certain classes of
persons who have committed crimes of a political character, such as t:-ea-
son, sedition, or r ebellion.
Effect of amnesty.
Amnesty abolishes and puts into oblivion the offense of which one is
charged, so that the person released by amnesty stands before the law
precisely as though had committed no offense.
10
(sea effects as to pardon,
supra. )
Pardon and amnesty distinguished.
The distinctions are:
(!) Pardon is granted by the Presi dent alone after conviction, while
amnesty, with the concurrence of Congress (Sec. 19. ),.before or after convic-
tion;
5
20 R.C.L. 563; see ArU; . 36, 133. Revised Penal Code.
GExpartf'. Garland, 4 Wall. 333.
'Art. 36, Revised Penal Code.
R. C.L. 531.
9
20 R.C. L. 531-532; see Romero vs. Amparo, 91 Phil. 221:1.
1
L'See Barrioquinto vs. Fernande:t, 82 642.
Sec. 20 ART. Vll. - EXECCTTVE DEPARTMENT 237
(2) Pardon is an act offorgiveness, i.e ... it reli eves the offender from the
consequences of the offense, while amnesty is an act offorgetfulncss, i.e., it
puts into oblivion the offense of which one is charged so that the person
r eleased by amnesty stands in the eyes of the law as if he had never
committed the offense;
(3) Pardon is granted for infractions of the of the State, while
amnesty, for crimes against the sovereignty of the State (i.e., political
offenses); and
(4) Pardon is a private act of the President which must be pleaded and
proved by the person who t;laims to have been pardoned, because the courts
take no judicial notice ti1ereof, while amnesty by proclamation of the
President with the concurrence of Congress is a public act of which the
courts will take judicial notice.
11
SEC. 20. 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, and I'Oubject to such limita.
tions as may be provided by law. The Monetary Board shall,
within thirty days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by the
Government or government-owned and -controlled corpora-
tions which would have the effect of increasing the foreign debt,
and containing other matters as may be provided by law.
Authority to contract and guarantee
foreign loans.
(1) Exclusi ve executive function. -The President may contract foreign
loans on behalf of the Republic of the Philippines without t he need of prior
congressional approval. When obtained by private persons, natural or
juridical, he may guarantee such loans. There is possibly no official better
qualified to enter into such negotiation than the President. He is the
official best supplied with information as well as with executive and legis-
lative assistance to determine the advisability of obtaining loans as well as
the country's capacity for making good use of such credit.
1
(2) Concurrence of Monetary Board required. - The authority of the
Presi dent is not The contract or guarantee must he with the prior
concurrence of the Monetary Board of the Central Bank now, Bangko
Sentra.l ng Pilipinas (BSP), which is required to make a report to Congress
contai ning the matters mentioned. The prior concurrence of the Monetary
Board is required because, as the custodian of the foreign reserves of the
country, it has the expertise to determine the r easonableness of the con-
'
1
l hid.
'Del. M. Cuarderno, Sr., "The C11bi ner GoV\)rnment," in C.R. Montejo, supm, p. 151.
238 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 21
tract or guarantee and whether the proposed foreign loan is within the
capacity of the country to pay. The report will guide Congress in the
enactment of whatever legislation it may deem necessary to protect the
national interest.
In the past, huge foreign loans were contracted or guaranteed by the
government even against the advice of the Monetary Board with disastrous
consequences to the economy. Many domestic private firms with borrow-
ings from overseas sources heavily backed up by government guarantees
defaulted on their obligations.
2
(3) Checks by Congress. -The reasons for not requiring congressional
approval for foreign loans are: first , the loans urgently needed by the
country may no longer be available when concurrence which usually takes
some time is finally obtained, and second, an obstructionist Congress could
withhold approval for political reasons.
However, as a check on executive power, Congress may, by law, place
limitations on its exercise (Sec. 20; Art. XII, Sec. 21.) and make the neces-
sary investigations in aid of legislation (see Art. VI , Sec. 21. ) if it believes
that the borrowing based Ofl the Monetary Board report is not justified. It
has the power to determine the organization and composition of the Mon-
etary Board. (see Ibid., Sec. 20.) Furthermore, an appropriations law is
needed to pay out of the treasury a foreign loan. (see Art. VI , Sec. 29f ll.)
ti:t_at 20 . only With tt:'
_ . .Mo.J!etan:. Board is not
unless .re.quired..by.law.
SEC. 21. No treaty or international a&P'eement shall be valid
and effective unless concurred in by at of all the
Members of the Senate.
Meaning of treaty.
may be defined as a compact made between two or more states,
including international organizations of states, intended to create binding
r ights and obligations upon the parties thereto. Thus, a treaty may be
bilateral or multilateral. It is also known as. a pact. convention, or. . .cha.ct.er. ,
Distinguished from international agreement
and executive agreement.
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 interna-
2
It has heen claimt'd that about 112 of the more than $26 billion debt t hen of the
Philippine!" (;O!"It ractcd through the initiutive of President Marcos. Now, the President
cannot borrow or gua:antce loans at will .
Sec. 22 ART. Vll . -- EXECUTIVE DEPARTMENT 239
t iona] agreement between states." This definition excludes agreements
entered into between states and international or ganizations. Hence, the
need to introduce the phrase as among those requiring the concurrence of
the Senate.
1
However, the phnu;e does not cover executive agreements
2
which have
been traditionally recognized in t.he Philippines to be well within the
prerogative of the President to make without need for legislative concur-
rence. In the Philippines, t he to th e 1.947 U.S.-Philippine
Military Bases Agreement. were f'ffected by means of executive agree-
agreements, however. serve a ul:leful purpose and our
courts 'recogni7.e t he power of the President to enter into them without
Senate concurrence.
3
Steps in treaty-making.
There are two general steps in the entire treaty-making process, namely:
( 1) Negotiation.- In the field of initiation and negotiation, the Presi-
dent alone has the sole authority. The reason is that secrecy, dispatch,
caution, continuity, and access to information are essential ingredients in
t his task which the President alone possesses. Confidential information
ar e passed and premature di sdosures may not onl y cause serious embar-
rassment. but may likewise imperil the successful accomplishment of the
n<.:got iations;
1
and
(2) Approval or ratification. - As a general rule, no treaty or interna-
tional agreement shall be valid and effective unless concurred in by at lea.st
2/3 of all the members of the Senate. This is only logical, treaties and'
international agreements being part of the law of the land and they affe<"t
our international relations, pei ng in the nature of a contract between the
parties.
SEC. 22. The President shall submit to the Congress within
thirty days from the opening of every regular session, as the
basis of the general approp1iations bill, a budget of expendi
tures and sources of financing, including receipts from existing
and proposed revenue measures.
91
The President is e;ntrusted by t he Constitution with the task of-prepar -
ing t he budget of recei pts and expendit ures based on existi ng and proposed
r evenue measures and other sources of fi nancing ie.g . . loans) and of sub-
'198o UPL Constituuun J'rc]cct, Exccuti,t- Depnrtment, p. 34.
to the making of executive agreement, sec Anic!e VIII, Section 4f2).
')1970 l:PLC Constitution Rt-vision Project, p. 459.
sec N.A. Gonzales. rJp. cit ., p. 331.
240 TEXTBOOK ON THE PHILIPPINE CONSTITUTION s ~ c 23
mitting it to Congress within thirty (30) days from the opening of each
regular session. (see Art. VI, Sec. 15.) The budget t hus submitted sh;ill be
the basis of the general appropriations act to be enacted by the CoP.gress
for the followi ng year.
1
(]bid., Sees. 24, 25.)
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.
SEC. 23. The President shall address the Congress at the
opening of its regular session. He may also appear before it at
any other time.
Prerogative to address and appear
before Congress.
This provision furnishes an opportunity on the part of h ~ President at
the opening of t he r egular session of Congress (see Art. VI, Sec. 15.) to give
information on the "state of the nation" and to recommend to the considera-
tion of the legislative body such measures as he may deem necessary and
proper. Such measures are, of course, merely propoJ.als. They have no
binding effect until enacted by the Congress. The address may also contain
guidelines of national policy.
The President may appear before Congress at any other time he may
choose after the opening of its regular session.
-oOo -
1
As to mt!lming of"budget.,'' "appropriations bill," etc .. see Article Vl. Sections 24 and 25.
Article VIII
DEPARTMENT
,i
\
--\L- rot<vpr-{.. t

SECTION 1. The judicial power shall be V'sted in one Su-
preme 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 conboversies 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 of jurisdiction on the part of any branch or instrumental-
ity of the Governm'nt.
Meaning of judicial power.
Judicial is the power to apply the laws to contests or disputes
concerning legally recognized rights OJ' duties between the State and pri-
vate persons, or between individual litigants in cases properly brought
before the judicial tribunals.
1
Scope...ot;.udic.ial.pnwer.
(1) - It includes the duty of courts of justice:
(crl to settle actual controversies involving rights which are legally
demandable and enforceable; and
- --
(.b) 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
from law. (e.g .. right of wife to recei\'e support from her husband) or
,remgnized.A.-law (e.g., rjght of to collect indebtednt>!'is of debtor
under a contract of loan). as used above, has
?een judiciall_y def\ned to
.J.P.sigment 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
1
See BhJck, Ciln.-1 it.ut i rm I Law. 2nd .. p.
an1l Tgn<H:i( \"<;. & S. Inc .. 17 SCRA \In\ 19, 19(H)
:241
242 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1
fow, not even the President or Congress can escape judici al 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,eyf!!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) - It likewise includes the incidental powers
necessary to the effective discharge of the judicial functions such as the
power to punish persons in contempt. (see note 1 under Art. VI,
Sec. 22, supra. )
Giving of advisory opinions
not a judicial function.
(1) 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 func-
tions.4 It is not its function to give advisory opinions. (see Sec. 12.) It is a
function of executive officials.
(2) -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
(3) 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 hypo-
thetical questions or matters their time and attention 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 ART. Vlll. -,JUDICIAL DEPARTMENT
Judicial power vested in one Supreme Court
and in iower courts.
243
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) Classifi cation 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. ), 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 reorgani-
zation 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
Neither can it abolish the Sandiganbayan because its existence is
constitutionally recognized although Congress, in the exerc;se of its legis-
lative power, may determine its functions and jurisdiction. (see Art. XI,
Sec. 4. )
Organization of courts.
( O...Bcgylq'.: __ - The Philippine judici al 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) mem-
bers. The Court sits en only to exercise administrative, .ceremo-
nial, 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 estab-
lished 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 Coutt in each area defined as a municipal circuit compris-
ing one or more cities and/or one or more municipalities grouped to-
gether accvrding to law.
244 TEXTBOOK ON T HE l'HfiAPPINE CONSTITUTION 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 IL "shall continue to function a nd exercise its
j urisdicti on" a!) provided in sai d decree or as may be provided by a
suhsequent law. (see Art. XI. Sec. 5. l
fb l Cnurt n{ Tq:r Appeo.(.s. (with five justices and a Presiding
justice) was. created under Republic Act No. 1125, as by R.A.
No. 9282, which has exclusive appellate jurisdiction to review on ap-
peal, among others, decisions of the CommisRioner of Internal Revenue
involving internal revenue taxes and deci Bions of t he Commissioner of
Customs involving customs duties.
Quasi-judicial agencies.
Administrative bodies under the executive branch per forming quasi-
functi ons, like the National Labor Relat-ions Commission, t he
Employees' Compensat ion Commission, the Securities and Exchange Com-
miRsion, the Insurance Commission, etc., and the independent Constitu-
tional 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 per-
tains to the President as Commander -in-Chief of the Armed Forces of the
Philippines independently of legislation to aid him in properly command-
ing the Armed Forces and enforcing discipline.
10
Importance of the judiciary.
The courts perform a crucial function in society.
( ll . ifl_fhe .. fJi..r:.t.rJj!J.. an.cJ_J!e'l. admi_rJ:i$t,T:gtjp_r;_g[ justic;_(}. - In
the language of Lord Bryce:
"Nothing more clearly touches the welfare and security of the
age citizen than his sense that he can rely on the certain and prompt
administration of justice. Law is respected and supported when it is
trusted as the ::;hi eld of innocence and the in;tpartial guardian of every
Decree No. 108:3 I.J<'t>b. 4, 19?7}, otherwise known as the "Code of Muslim
Law>< of tht> created os part of the judicial system, courts of limited
juri>'<didion known a:': 8hari'a District Courts 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 pri vilege!\ as ,Judges of Municipal Cin:ui t Courts with jurisdiction
over all cases arising unde r t he Code. (see Sees. the reof.)
RSee Article XIII . Sect.ion 5 th<l renf.
is . .a.La.tin ..t.crm.. wtikh ...
10
Ruffy vs. Chief of Staff. 43 O.G. 855.
1 ART. VTJl .- ,HJDCIAL DEPARTMENT 245
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) governmkt. --- According to Chancellor James
Kent:
"Where there is no judicial department to int.crprP.t and execut.e the
law, to decide controversies, and to enforce right!'!, t he government
must either perish by its own imbec.:ility or the other departments of
government must usurp powers for the purpose of commanding obedi-
ence, to the destruction of liberty."
12
(3) - - In the words of Mr. Justice Arthur
Vande1bilt:
"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 for law will survive t he shortcom-
ings of any other branch of the government; bul if t hey lose their
respect for the wor k of the courts, their respect for law and order will
banish wi th 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 legisla-
tive bra nch of the government.
14
For a government of law and not of men
can be assured only by a judiciary that is independent and free, passion-
ately 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 constitu-
tional 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 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.);
11
Modern Democracies, Vol. 2, p. 384.
12
Cited in G . .l". Zaide . . p. 142.

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 institution, organi zation, or person. It is also
essentia l that courts are not infl uenced by the vagaries of public opinion or sentiment nor
!!WIIyed by any pressure from interelit groups.
246 TEXTBOOK ON THI-: PHILlPPTNE CONSTTTUTION 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 du1ing 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 transfer-
ring (from the Department of Justice I to the Supreme Court the adminis
trative supervision over all courts and the personnel t h n ~ o f (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 inde-
pendence. 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. Irrespon-
sible criticism also tends to erode the faith of the people in the administra-
tion of justice. Respect of the people for the courts is the only sure guaran-
tee for their stability and permanence.
1
"
SEC. 2. The Congress shall have the power to define, pre-
scribe, 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, presc1jbe, 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:
16
Andres vs. Cabrera, 94 SCRA 512, Dec. 14, 19i9.
9 ART. Vlii.- JUDICIAL DEPARTMENT 247
(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 under-
mines 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), when it can try and decide a case presented for t he first
time;
(4) when it can take a case already heard and decided by a
lower court removed from the l atter by appeal;
(5) - when it can try and decide a case which cannot be
presented before any othe1 court;
(6) Concurrent. - when any one of two or mol'e courts may take
cognizance-or-a case;
(7) CLimi.rt.fl<l. - that which exist s for the punishment of crime; and
(8) that which exists when t he s ubject matter is not .of a
criminaTnature (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
against 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.
248 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.4
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 tequired 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.
(3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case
and voted thereon, and in no case, without the concurrence of at
least When the required number is not
obtained, the case shall be decided en bane: Provided, That..no
or
bane .4?.1:" i!l, __ __
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) 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 member-
ship of the Court was fixed at fifteen ( 15), it was seldom constituted.
Sitting procedure.
The Supreme Court may sit and hear casesilll.b..fnc (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 ART. VIII. -JUDICIAL DEPART:I-1ENT 249
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)
members 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 ren-
der 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 he Supreme Court en bane. To declare a treaty, international or executive
agreement, or law, unconstitutional, the maiori.ty Qf th.e .
who actually _took
.case .and..Jlaie.d . .the.re.on is. requiri.d. (Sec. 4[2].) When the necessary major-
ity cannot be had, its constitutionality shall be deemed upheld.
The quorum of toe Supreme Court when sitting en bane is eight (f?J.
Hence, the votes of five C9J are sufficient for rendering a decision on
cases required to be heard en bane provided they actually took part in the
deliberations on the issues in t he case;
(2) All other cases including those involving t he ap-
plicat ion or operation of president ial decrees, proclamations, orders, in-
structions, 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
(see Sec. 11, infra.);
(4) Cases heard by a aivision shall be decided or resolved wi t h the
concurrence likewise of t he same majority of the member 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.)
250
TEXTBOOK ON THE PHILIPPINE CONSTITL'TION
Sec. 4
Meaning of executive agreement.
An 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 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_ 9LJ;ongres_. They affect
internal affairs and domestic rightg_ They include tariff and postal ar-
rangements, visa fees, commercial relations, and matters affecting trade-
marks and copyrights, and the like. An example is the executive agreement
entere::l into between the President of the Philippines and the President of
t