.........- -"' 12 . . · extbook on the I PHILIPPINE CONSTITUTION By HECTORS. DE LEON LL.B., UniverR of the Philippines ity Member, Integrat ed Bar of the Philippines ~'orm er Associ ate Professor, Far Eastern Univers ity ~ 2005 EDITION .......---·

Philippine Copyright, 2005 by ISBN 971-23-4207-7 No portion of this book may be copied or reproduced in books, pamphlets, outline s or notes, whether printed, mimeographed, typewritten, copied in different elec tronic devices or in any other form, for distribution or sale, without the writt en permission ofthe author except brief passages in books, articles, reviews, le gal 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 possess ion of one who has no authority to dispose of the same. ALL RIGHTS RESERVED BY THE AUTHOR . Ntl. (.1.·J- 1 j : ; .

PREFACE As the supreme law of the land, the Constitution is by no means selfexplanatory. Yet it is so important a document with which every citizen should be fa milia r as it directly and constantly touches every aspect of h is everyday life; indee d, to be r espect ed, obeyed and defended if our nation must grow and survive. T his is the reason for the requirement that "all educational institutions shall i nclude 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 coll ege level, this modest volume, now on its eighth edition, has been written. In a n attempt to make it easily understandable, the author avoids legal details and elabor ate citations of cases. The provisions are discussed section by section, amplified and explained in relatively nontechnical language for both the beginni ng student and the layman. The comments on the more important provisions, especi ally the new ones, occupy m ore space, s etting forth when deemed necessary, th e reasons for their adoption as wall as t heir practical s;gnificance. Also, muc h needE>d emphasis is given to the provisions on the rights of the citizens as i t is imperatively desirable that they have adequate knowledge of them so that th ey may bett.er exercise their rights and discharge t heir corresponding obligati ons to others as responsible m embers 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-Pal ma Ambrosio B. Padilla Napoleon G. Rama Jose D. Calderon and Ahmad Domacao Alont o Committee Chairmen and Vice-Chairmen PREAMBLE, NATIONAL TERRITORY AND DECLARATION OF PRINCIPLES Chairman Vice-Chairma n Decoroso R. Rosales Gregorio J. Tingson CITIZENSHIP, BILL OF RIGHTS POLITICAL RIGHTS AND airman Vice-Chairman Jose B. Laurel, Jr. Joaquin Vice-Chairman Hilario G. Davi de, Jr. Adol fo S. Chairman Lorenzo M. Sumulong Florenz D. Regalado n iv Roberto C. Concepcion Ricardo J. Romulo OBLIGATIONS AND HUMAN RIGHTS Ch G. Bernas LEGISLATIVE Chairman Azcuna EXECUTIVE Chairman ViceJUDICIARY Chairman Vice-Chairma

CONSTITUTIONAL COMMISSIONS AND AGENCIES Chairman Vice-Chairman Vicente B. Foz Ci rilo A. Rigos LOCAL GOVERNMENT Chairman Vice-Chairman Jose N. N olledo Jose D. C alderon ACCOUNTABILITY OF PUBLIC OFFICERS Chairman Vice-Chairman Christian S. Monsod Jos e C. Colayco NATIONAL ECONOMY AND PATRIMONY Chairman Vice-Chairman Bernardo M. Villegas Jaime S.L. Tadeo HUMAN RESOURCES Chairman Vice-Chairman Wilfredo V. Villacorta Lugum L. Uka GENERAL PROVISIONS · Chairman Vice-Chairman Florangel Rosario Braid 'J.'eodo ro C. Bacani AMENDMENTS AND TRANSITORY PROVISIONS Chairman Vice-Chairman Jose E. Suarez Bias F. Ople STEERING Chairman Vice-Chairman Jose F.S. Bengzon, Jr. Napoleon G. Rama PRIVILEGES Chairman Vice-Chairman Yusuf R. Abubakar Minda Luz M. Quesada SOCIAL JUSTICE AND SOCIAL SERVICES Chairman v Teresa F . Nieva

Vice-Chairman Jose Luis Martin C. Gascon STYLE Chairman Vice-Chairman Francisco A. Rodrigo Efrain B. Trefias SPONSORSIDP Chairman Vice-Chairman Ser afin V.C. Guingona Edmundo G. Garcia PUBLIC HEARINGS Chairman Vice-Chairman E dmundo G. Garcia Jose Luis Martin C. Gascon NON-DELEGATE OFFICERS Secretary-General Sergeant-at-Arms -oOoFlerida Ruth Romero Roberto M. San Andres vi

THE 48 MEMBERS OF THE 1986 CONSTITUTIONAL COMMISSION Commissioners Abubakar , Yusuf R. Alonto, Ahm ad Domacao Aquino, Felicitas S. Azcuna, Adolfo S . Bacani, Teodoro C. Bengzon, Jose, J r. F.S. Bennagen, Ponciano L. Bernas, S .â ¢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, Hil ario, Jr. G. Foz, Vicente B. Garcia, Edmundo G. Gascon, Jose Luis Martin C. Guin gona, Serafin V.C. Jamir, Alberto, Jr. B. Natividad, Teodulo C. Nieva, Ter esa M a ria F. Nolledo, .Jose N. Ople, Blas F. Padilla, Ambrogio B. P alma, Cecilia Mu noz QueRada, Mi nda Luz M. Rama, Napol eon G. Regal ado, Florenz D. Reyes, Jr. , Rusti co F. de los Rigor, Ciri lo A. Rodrigo, Francisco A. Romulo, Rica rdo J . Rosales, Oecoroso R. Sarmiento. Rene V. Suarez, Jose E. Sumulong, Lorenzo M. Ta deo, J aime S.L. Tan , Christine 0. Tingson, Gregorio J . Trefias, Efrain B. Uka , Lugum L. Villacorta, Wilfreda V. Villegas, B{!rnardo M. Laurel, Jose B. Lerum , Eulogio R. Maambong, Regalado E. Monsod, ChristianS. - oOovii

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 n iya, Kailan pa ma~y di magdidilim. Lupa ng araw ng luwalhati't pagsinta Buhay ay langit sa piling mo. Aming ligaya na pag may mang-a.api Ang mamatay nang dahil sa iyo. 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 umiiy ak Bayan pa kayang sakdal dilag Ang di magnasang makaalpas Pilipinas kong minumu tya 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 bansan g kanyang sinasagisag Na may dangal, katarungan at kalayaan Na pinakikilos ng sa mbayanang Maka-Diyos Maka -tao Makak alikasan at Makabunsa X

TABLE OF CONTENTS Preface ..................... ..... ........ ................................... ... ........................................... Officers of the 1986 Constitutio nal Commission............................................. The 48 Members of th e 1986 Constitutional Commission ............................. Pambansang A wit ng Pilipinas ................................................................... ....... Bayan Ko ............................................................... ................................................ Pledge of Allegiance to the Phi lippine i<'lag ...................... ............. .................. iii tv vii vm ix x INTRODUCTION A. THE STUDY OF POLITICAL SCIENCE 1. 2. 3. .Â¥, 5. Meaning of political science.................................................... .................. Scope of political science . ..... ..................... .... ..... .. .. .. ......... .......... ...... ........ Interrelationship with other branches of learning................................ Function and importance of political science ..... ... ................................. Goal in the study of political science courses......................................... 1 1 2 4 4 B. CONCEPTS OF STATE AND GOVERNMENT 1. Meaning of state............................................................. ................................. 5 2. 3. 4. 5. Elements of state ............................................... .............. ........................... Origin of states ................................... ........................................................ State distinguished fro m nation ............... .... .... ........ ................. .............. State distinguished from government............................................. ........ 5 6 7 7 6. 7. Purpose and necessity of government............................................. ........ Forms of government.................................................... ............................. 8 8 C. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

1. 2. 3. 4. 5. 6. 7. The pre-Spanish. government..................................................... ............... Government during the Spanish period............................ ...................... Governments during the Revolutionary era................. .......................... Governments during the American regime .............. .............................. Governments during the Japanese occupation....... ................. ............. The previous Philippine Republics .............. ............................ ................ The Provisional Government of 1986 .... .............. ........ ........ .... ............... 10 11 12 14 15 16 17 D. CONCEPT OF CONSTITUTION 1. 2. 3. 4. 5. Meaning of constitution......................................................... .................... Nature and purpose or function of constitution............. ........................ Meaning of constitutional law.......................... ........................................ Kinds of constitution.................. ................................................................ Advantages and disadvantages of a written constitution.................... xi 18 19 19 20 21

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

........ .................. ........... Renunciation of war as an instrument of nationa l policy .. .. ................. .... .......... ... . a democratic a nd republican state..... . Manifestations of a democratic a nd republican state.............................. xii 46 ... 44 44 45 45 SECTION 2 1..... ..... .... 4...... ....................2...... . Sovereignty of the people ... . ... .... Th e Philippines .......... ..... 3......... ... .. ... ...... ............ Right of the people to revolt ..

51 SECTION6 1... .............. Mai ntenance of peace and order... ........ ........... Military and civil service by the people... .... .. etc.......................... ....... . . ................ .... ........... ..... ................ ...... ......................... protector of the people and the State.. ....... 2.. 3........... 52 52 53 STATE POLICIES SECTION7 1...... .. 2... etc......... ...... 4-6 47 SECTION 3 1................ 54 SECTIONS 1............. ....... ...... 2.... .... ....... ......... ... ...... ...... .............. 48 48 SECTION 4 l.......... .. ...... ....... Armed Forces of the Philippine<>.... Defense of the State by the people against foreign aggr ession ..... Prime duty of the Government..... ........... Meaning of "establishment of religion clause"........ .........2. ..... .................. . Adherence to t he policy of peace....... ..................... ........... Foreign policy of the Philippinl:lS . .... ..................... 3. ................ 49 50 50 SECTION 5 1.. . ...... Adoption of the generally accepted principles of international law as part of ou r law ................. Principle of separation of the church and State .. with all nations................ No hostility towards religion ....................... Supremacy of civilian authority over the military.................. ....................... 3.

.. 57 SECTION 10 1... 57 SECTION 12 1.............. Social justice ... ................. ......... .............. .... ......... . .......... ......... R ight to life of the unborn from conception and of the mother ......................Freedom from nuclear weapons policy ....... .. . 56 SECTION9 1............ 2.......... . 57 SECTION 11 1......... ..... ... .......................... ... .. Strengthening the famil y as a basic autonomous social institution ........... Just and dynamic social order. ....... ..... .................. Human dignity and human rights.. ........ ....... ........... ... ...................................... ................... . ................. xiii 58 58 ..... ......... ........ .

.. .......... 66 SECTION 20 ..... Right r........ ........... .. ............................. ........... ........ 64 SECTION 17 1.. ........ ............. ............ ... ....... .... .... ....................................... 59 SECTION 13 1............. 64 SECTION 16 1....... .... culture and sports ..... 62 SECTION 15 1....... ...................f the people to health .... arts.... . science and technology. ..... Priority to education...... ....3. Role of women in nation-building.... Role of the yout h in nation-building... .... ... ................ Rearing of the youth for civic efficiency and development of moral character . ...... ....... .................. .... Right of the people to a balanced and healthful ecology ............................. .... ...... Labor as a primary social economic force .... .... S-1 SECTION 19 1.. ..... 60 SECTION 14 1......... 66 SECTION 18 1.... ....................... .............. .... Self-reliant and independent national economy.................. ........

. 67 SECTION 23 1........... .. ...... ......... ...... xiv 69 ................... .... Rights of indigenous cultura l communities ...................... .. .............. Comprehensive Tural development and Ul(Tarian reform. :..1....... ............. ....... ...... . ...... .. ...... Role of the private sector i n the economy ....... 66 SECTION 21 1..... ....... .. ....... ~on-governmenta l ............................... community-based or sectoral organizations .. . .. 68 SECTION 24 1...... ......... 67 SECTION 22 l.... ....................... ... ..........ion-building ......... .... Vital role of communication and information in nat... ... .

71 SECTION 28 1............................... 11...... 2.................................................................................. 4................... ......................... Persons protected ....... 2................... .................................................. Autonomy of local governments ........ 7....... 7............. .... 76 76 77 78 78 78 78 79 79 79 80 80 SECTION2 1....................................... Equal access to opporluni ties tor public service.......... ................ ................................................... What consti tutes deprivation ...... 5. ........................ 73 73 74 75 SECTION 1 1.... 10.................. 9.................................. Honesty and integrity in public service . .. 4........ ................. 5................... .....SECTION23 1.... ........................ ............................ 6... 3............................ 9...... .............. ..................... 2.... .......... Meaning of due process of law... ............... Reasonable classificat.............................. ........... Meaning of liberty. 8....... .. Aspects of due process of law.... ............................................ Classes of rights . ................................... ........................... .... .................. ............... Procedu ral due process............. Meaning of life............. Meaning of equal protection of the laws............................... Full disclosure by the State of all its transactions ........................ State auth ority and individual freedom... ....................... ..................................... 72 ARTICLE III -BILL OF RIGHTS 1.............................................. .......... Concept of a bill of rights .ion permitted....... 3.........................feaning of property....... ................................... ............. ..... 3............ i\.......... 70 SECTION27 1... . 12........................ Classification of const itutional rights................................. Scope of the guarantee.................... ......... 4..... Substantive due process..................... ........ 10..... ... 69 SECTION 26 1. 6. ............................... 8.

. Meaning of right of privacy................................................. KV 86 ....................................................... personal.. When search and seizure unreasonable..... .... When arrest may be made without warrant.cription ...... Right against unreasonable search and seizure....................................... ... When search and seizure may be made without warrant ................................... Requisites for valid search warrant or warrant of arrest .................................................. Sufficiency of de::.................................... Scope of the protection.. .................................. .................... .... upon which warrant is based........................... 81 81 8~ 82 83 83 83 84 85 85 SECTION 3 1........ ............................................... Sufficiency of affidavit..... lVteaning of probable cause.......................................Meaning of search warrant and warrant of arrest.......................................

... 4... ... ............. ........ ........... 7........... ........ .......... Importance of the guarantee ...... ......... ............... Limitations on the right .................. ......... ............ ......... ... 6........ ....... .. ...... . .......................... Freed om of religious profession and worship. .......... ......... . ...... 7....... .......... unreasonable searches an d seiz !lres ....................... License fee or tax on sale of religious articles ................... .......... 6.... ....... .. . 5.... Scope of freedom of expression......... . .... 5. of expression...................... .... ....... .............. 2. ............. ............. .................... ......................... 86 86 87 87 SECTION 4 1....... Meaning of freedom of speech..... ... ... ..... ...... ...... ..... ........ Evidence illegally obtained ..................... ............... ............... .. Abridgment of ireedom of sp eech and of the press... 88 88 88 88 89 89 90 90 SECTION 5 1.. Meaning of right of ass embly and r ight of petition..... ...... ................................ 4......... 2................... . ...... .. ........ ................ ..... .............. ................................. .. ............................... 3..........'' "expression" and "press" ........ ..... Religious test prohibited ............ .. ................. ... Relationship with fr eedom of s peech and of the press................................... ...... 3.................. . ............. .. ..... . Aspects of religious freed om .. ...... and of the press .. .. 91 91 91 92 92 93 93 SECTION 6 1..... ....... ........ ... ..... ....................2........... 4. . Dissemination of religious beliefs ............ ...... . Limitations on the right ... Meaning of religion ... 2.... Basics and purpose of the provision ... ..... ........................ 5.......... ..... Freedom of expression not absolute ............... Meaning of liberty of abode and travel . ... Meaning of religious freedom ... ........ Relationship with right againBt. ............ ... .......... ................ Scope of t erms "speech... ... 8.... ............................. 94 94 SECTION 7 .. ..................... .......... a..........

............................................. .............. 2. .... .......... .... .. .. .... ...... ... Essential or inherent powers of government .. ...... Meaning of police p ower .......... . Limitation on the right..... ....... ..... "vi 97 98 98 99 99 99 100 ... 95 96 96 SECTION 8 1...... ................... .......... Basis of police power ... 2....... 3................ . ........ ....................................... ............. ............. Meaning of "taking" .. ........... etc. .. ......... ... ........................... ....... .... 5........... ......................... ............ Scope of the right........ ....1................................ . ............. ......... . .. 96 97 97 SECTION9 1..... ............................ Conditions for or limitations upon its exercise............................................................ ..... ... ...... ... ................... ..ieaning of right to form associations....... 3. 6... ...... .......... ..... ... 2..... .................. Meaning of eminent domain .............. . 7....... ............................ ........ ........ ....................... ....... ... 3........... .... J\............. ........ ......... Right to information on matters of public concern........................... ........... Purposes of the guarantee. Illustrations of police power laws ..... 4.................. Limitations on t he rig ht........

............. 2.......................... 4..................... Rights of person under investigation .... ................................... Distinctions among the three powers... . .............. SECTION 14 107 ......................... Scope of terms "law" and "contract" ...... 4................. 10........................... ........................................................................................ 4.. 2...... .............................................. Meaning of taxation............. 4..... Wben obligation of contract impaired..... 3....................................................................................................... ....................................... 11.............. ........................................ .......... Purpose and for1n of bail .................... 5.......................................... Excessive bail prohibited .... ........................ ................. ...................... 2.............. .......... Who may not invoke the right to bail.. ....................................... Meaning of obligation of a contract ........................................... 3.................................................... Purpose of non-impairment prohibition....... SECTION 12 103 104 105 105 1... ...... 3................. Meaning of bail .... Right to free access to the courts and quasi-judicial bodies.... 3.......... ........ Meaning of capital offense ............. Constitutional tights of the accused in criminal cases..... Waiver of right of silence and t o counsel......... .... .......................................................................... .......... Meaning of taxes..... Theory and basis of taxation ........... 2.............................................. 5............................ When rights can be invoked..... ....................................... SEC TION 10 100 100 101 101 1.............. Effect of violation of the rights......................... Reasons for constitutional safeguards ........ ................... Right to adequate legal assistance .......................... .... 9..... Freedom to contract not absolute..................8........................... SECTION 13 106 106 107 107 1........ ................. SECTION 11 102 102 102 103 103 1...... ...........

......... Right to due process of law in criminal cases .............................. ... Right to be heard by himself and counsel.... ..... .................. ............................ ................................ ........ ................... ......... Right to be informed of the nature and cause of the accusation against him ........ impartial.............. 2.............. .................. ... ........ ........... ................. .... Meaning and purpose of arraignment ........... Meaning of writ of habeas corpus ... 6... .............. 5.................................... ...................................... ................................................. 11....... Right to presumption of innocence ..... ............. ............ 3............ Right to have a speedy................ Importance of the right t o counsel.... SECTION 15 110 110 111 111 112 112 112 113 114 114 115 1. .of witnesses................... ....... . ......................... ....................... Statutory presumptions of guilt..... . Right to compulsory production of witnesses and ev idence......... 8.. . 9.................... .................. Right to confrontation...... ...... 10................. xvii 115 ........ . 4........... .. and public trial....... . ......108 108 109 109 1... ... 7..... ....................... Trial in the absence of the accused...

. ............ Meaning of involuntary servitude ... .. ................. ........... ....... ....... Form of t estimony prohibited ......... .. ............. .. ..................... ..... ... ... 4....... ... .......2... ........ .... ........ ..... ............. .. 117 SECTION 17 1............ .......... 2..... . ............ ... 3.......................... ....... ....... ........ ..... . .. ........ 122 122 123 12:3 . Imposition of the death penal ty .... .............. ..... . .... ............... 3. ... ........ ............. . 2. .......... .. .. ................... 4..................... Nature of guarantee .... ................ . .. ... How writ operates .... Exceptions to prohi bition.... ... 116 116 116 SECTION 16 1.. ........ .. .... . ....... Right aga ins t cruel ...... ............ ...... ....... 118 118 118 :i 19 SECTION 18 L 2............... .......... ..... .. 4........ ................. .. .. 3................... 120 120 12 1 12 1 SECTION 19 1........ .............. Purpose of the writ................ ... Right agai nst self-incrimination ..... . .. . .... .......... ...... . .... ............. . ................. ... ............ ....... ........... ..... .................................. ..... ........ . . ....... ............. ... ...... . ...................... Purpose of the guarantee ........ ........ Right again st excessi ve fines ....................... ... .. ..... ............. ............ ....... ....... ......... ......... . ............... .............. . ...... degrading. ...... ... Right to speedy dispos ition of cas es ..... ..... 3... ........ Purpose and basis of the prohibition . 4.... . S cope of guarantee ......... . . ....................... or inhuman punishments ................. Right aga inst detention soleiy by r eason of political beliefs and a spiraticns .......... S uspenflion of the pr ivilege ofthe writ.... .................

...::-:........ 3................................ ..... ..... 3.......... . ...... P urpose of prohibition against imprisonment for debt ............ 3......... ........ ....... ........... .... .......... . ... Prohibition limited to contra ctua l obligations only . 4..... ....................SECTION 20 1....... . ..... .......... 4.......... ............ 2... . ........ . ......... ..... ..... ... Meaning of ex post facto law . .......... ...... . .. . 2. ...... Meaning of poll t ax .. .. . ............... ........ Purpose of prohibition against imprisonment for non-payment of poll tax . ............leaning of debt ........... . ....... 125 125 125 126 126 SECTION 21 1............. .... . 5........ ...... .. ......... Character istics of ex post facto law ................... ... . Requisites for existence of double jeopardy....... 2........ ...... . .................... ............................ .............. ....................... . . ............ 126 127 127 127 SECTION 22 1... .. ... J\.. .. 4........ .................. 128 128 128 129 xviii .......... Right to appeal in criminal cases ............... ...... .... ............ P ur pose of prohibition against bill of attainder ....... Right against double jeopardy..................... ........ . ... ..... .. Meaning of bill of attain der............... ........................ .. Classes of double jeopa rdy .... ..... .... .... .. .. ..... ... ..... . ........ ........ ........ .. ..... ........ ............ .......... . ..

................................ .................. . .......................................... ..... . 130 130 131 131 131 132 132 132 133 134 134 134 .......................... ...................................... ................ 3................................ .. 12... .............. ...... Citizens by naturalization ......................................................... Citizens through el~ction under the 1935 Constitution ...................................................... ................................... ...... ........ARTICLE IV....................... . ..... ............. Dual allegiance of citizens .... Meaning of citizenship and citizen .CITIZENSHIP SECTION 1 1............................ .............. Citizens by blood relationship .. 5........................ ..... Effect of marriage of citizen to an alien... Distinguished from nationality and nationals ........................... 2........... ............ ........ 7.... Meaning of naturalization ........ 135 SECTION3 1........................................ .... ...................................... Citizens at the time of the adoption of the Constitution . Reacquisition of lost Philippine citizenship . Citizens by birth ..................................... 9............................ 136 137 SECTION4 1..................... 4..... ................. Meaning of subject and alien .. ...... ............ ..... 11.................... 137 SECTION5 1................ Ways of acquiring citizenship by naturalization .... ..... 10................. 8...... 2............ ......... Loss of citizenship .... Nature of natur alization ............. General ways of acquiring citizensh ip ........ Kinds of citizens under the Constitution ................ SECTION2 1... 3...................... 6........... 2....

... .. Age qualifi cation... Rights with corresponding obligations.......... . Nature of suf frage ........................... ............ 6............................................ ....... .. Residence qualification.. 3...... .....................SUFFRAGE SECTION 1 1...................... ........ ................................ xix 144 144 144 145 145 146 146 147 147 148 149 150 9.............. ...... Other substantive req uirements prohibited........ ... .................... Meaning of suffrage .............................................. .......... 12................................... 10............................. {.......... Arguments justifying removal of literacy requirement............ .............. 5.. Duties and obligations of citizens........ ............................................. ..... ........... 2................................. ........... .... ............ ............. ....... Persons disqualified td' vote............... ..... .................................... ......................................... .. ....... Property requirement prohibited..... ..... ............... 11..... Arguments justifying t he lowering of voting age from 21 to 18 ............. ........... Qualifications of voters. ................... Retention and reacquisition of citizenship .................................... 7........ 137 1:18 139 140 ARTICLE V......... . Compulsory suffr age ............................. ......... Scope of suffrage............... .................................................................................. ......... . 8........................... .............................................. ........................... .... ...................

........ Scope of legislative power of Congress ........ 9. Sys tem for absentee .... ... ..... . ..... ...... Function of I a v.............. .. 2............... .... 153 153 154 154 154 155 155 156 157 SECTIONS 2-4 1.... ................... ...... ........ . .. Dis adv ant age s of bicameralism ...:epre sentation . ........ .. 7.. ....... ........................ ...... The House of Repre~ entative s ................................ 153 '2........ .. .. ... ... ..... .........s ........... ....... .... Number........... ....................~.................. 5.......... .. ......... .......................... Party-list and sector a l ... ....................... System for securing the secrecy and sanctity of the ballot .............. ........ . ........... .............. Principl e of checks and balances.... ... .......... ...... ... ....... Legislative power vested in Congr ess ... .. el ection/selection a nd classificat ion of members ... 160 161 162 163 ......... .. ......... Meanin g of r egistered voter and r esidence ...... .... 8 ....... 4.... ..... The S enate............. 151 152 ARTICLE VI........... ... . 4............... .............. .......... ...... ..... ......... ....... ......... ... ........ ...... 158 159 SECTIONS 5-7 1.. ....... ..... . ... ..............·oting by qualified Filipinos ......... .............. ........................ ....SECTION 2 1. 3 ........ ......... ......LEGISLATIVE DEPARTMENT SECTION 1 Meaning of legisla tive pov1er . ... ....... .......... Meaning of law ............................. .............................................. ...... 1........ .... ......... ......... ....................... ....... . ............... . . ........ . 10. Principle of separation of powers.......... ........... 3.. ............................. .......... ................... ... .... 2.............. 2....... .. Advantages of bicameralism. ......... ... .................... ............ 6.................... ............ Apportionmen t of elected representatives ............ ..... Clas5ification of powers of C ongress ....

. . ................... ................... .............. ...... ......... 2............. 164 SECTION 10 1...... ................... 165 166 166 166 SECTION 12 1.............. ... 3....... ..... ..... . Salariel:l of members of Congress .. ...... ... 167 SECTION IS 1........... ...... ...... .............. Disclosure of financial and business interests .. ......... .. ....... 4.......... ..... When immunity cannot be claimed .. Disqua lification to hold any other office or employment ... . . ...... XX 167 .... Freedom fro m arrest of members of Congress ....... ........................ Freedom from being quest ioned for speech and debate ........... ......... :. Kinds of election for member s of Congress . .......... ...... 165 SECTION 11 1......SECTIONS 8-9 1.. ................ When immunity cannot be invoked ............. ....

... ............... ............ . Votcsrequired... . ............... ......... ................ .... The Commission ~n Appointments in Congress ... ............. ..... . .. ............ 178 SECTION 21 1........ ...... ... .. .... .. ....... ............. 176 177 SECTION 20 1............... Each House sole judge of disorderly behavior.. . .. ......... ....... .. ............. 2........ ........... 4... .... ....... ............... 10.... ............ ................................... 2... A djournment by either House without consent of the other....... 14.... Meaning of legislative journa l ......... ........... ...... ..... .................... Matters to be entere d in the journal ... ............. ......... ... .. ............. 9. .... Fiduciary position of members .......... 169 SECTION 15 l..................... .... .... .... Sessions of Congress .. Powers and functions of Senate President and House Speaker ................. ........ ......... Meaning and function of rules of procedur e... ... 5..... ... ... .............. .............. ........ .. .... Power oflegislative inquiry and jnvestigation . 171 171 172 172 172 173 173 173 174 174 17 4 174 175 175 SECTIONS 17·19 1........... ..... Meaning of quorum ........... Electoral Tribunal in each House ............. .....· 12.... Limitation"t on power to determi ne rules.......... .... ............ .... Purpose of journal-keeping requi r ement............... ... ........ Basis of quorum in each House ............ ............. ....................... ................... 7............... ............... .. 170 SECTiON 16 1...... ................. Nature of power of each House to punish its members........ 11... .... Adjournment in absence of quorum ........SECTION 14 1.. ... 6............ 3................ .... .... .............................................. Officers of Congress ...... .................. Records of Congress open to public............ ............... ............. 2.. 8...... ................. .............. ..... ......... .......................... 13........................ ..................

.... xxi 182 182 . ... ........................... 180 SECTION 23 1............. War contemplated ......... ........................... .... ............... ... .... ......................... . Delegation of cmerge11cy powers ......................... ........ .. ..... Appearance of heads of departments before each House .... Meaning of appropriations bill... ..... ....... ........... ....................... ........... 181 181 181 SECTION 24 1. ....................... .... ........ Kinds of appropriations .......... .... 179 179 SECTION 22 1.. .... ... ................. 3............... Power to declare existence of a state of war....... .. .. ....................... Scope of the power................... ............ . ........... ................ .................... 2..... 2......

. ................ ...... .. 7.... ......... 183 183 SECTION 25 1......... .... ................................. Procedure in approving appro priations ......... .. ... ..... .......... Prohibition agains t the enactment of irrepealable laws..... ............... 12.. ........ .......... ......... .......... .. ..... ....... .................. 10.... ... 8....... .. ..... Effect of violation of requirem ~n t .. ............. a nd nays be en tered in the journa l ........... . ..... 8....... ...... ... ..... 2. .... ..................... ............. .... Requir e ment t o insure a balanced budget..... . .. .... ......... How stat ...... . ....... ...... 9....... 6....... ...... ...... .... 3.......... .... .. ... ....... .............. 6..... ............ 2.. lncreaae of appropriation recommended by the Presi dent.. 188 189 189 190 190 190 191 191 l92 193 193 SECTION27 1... . ............. ............ Bills which must originate exclu ~ ively in the H ou se of Representa tives....... 2.. ......... 9....... Exception s to the requirement ... ............ .. 8.. ...... Purpose of provision requiring three r eadings of bill ............................. ................. .. Prohibition agains t riders.... ...... . ... ........... ....... . ..... Meaning of bill ........ .. Prohibition against transler of fun ds ........ . Meaning of bu dget.... Requir ements with respect io special appropriations bill....... Purpose of re quirement that yea:....... ................. ........ :Meaning of other bills.......... .......... ..... Meanin g of hodge-podge or log-r olling l egislation ............ 4................. 6..... .. . 9........... Certifica tion of bills by the President . ...... ............ ..... .... .. .. ... . .... 185 185 185 186 186 187 187 187 187 188 SECTION 26 1. ........................... 4....... 5.... ... 7............................. 11... Prohibition agains t delegation oflcgislative powers ............... Automatic reap propriation ......... ....... ................ ........ ...................... 5.. ................ ......... ....... ....... 4....... ... ........ Meaning of stat u te ... .. ........... 11... ...... ...... 10..... ....................... . Requirements a~:~ to subject a nd ti tle of bills.... .......... 3............. 7..... ...... . ......... 10........ .... 6.... .......... ... Limitations on the power of Congress ......... Rule as to discretionary funds ........... ...... ............ ..... .......... .... ..... ....................... ..... ..... ......3.... ..... .... . .... ............................. ... .... .... . ... ........... . ..... Submission of proposed budget by the President...... ............. ......... . ...... ...... ............ Steps in the pa8sage of a bill ...... 3................. .... .. ........... ... 4........ ...

.. . ............ ........ ... . .. ......... U niformity in taxa tion. .. .............. .... ........ ..... ....... .. ..... .. Pock et veto not a llowed ......... 4... .... .. .... ..... ... . . ... . ..... ..... Kin ds of r esolutions ...................... . ..... ...... ......... ... .... ... ....... ....... . ......... ...... ....... .. .... ......... .......... . .... .. . ..... ..... ........ .......... . ......... Delegation of taxing power t o fix t a riff rat es. ....... ..... . ....... ..... UAe of resolutions .......... . ......... When bill may become a law ... .. ...... ... .... .. ..... ... When partial veto aJl owed . 3... . .. Forma] parts of a Ja w...... . . .. .. ............... ..... ............ .. ... Equity in taxation ....... ......... ...... . ... .... P urpose of veto ........ .... ...... ..... ... ... ......... ... ... .. .............. .............. ... .... .........utes identified . .................................. .. . .. .................. ...98 198 199 199 199 ... .. . . ......... .... .. ... ... .. .. Exe mption of certain entities and properties from property taxes....... ......... ... ....... ... .. ... . ...... . ........... .. ..... . .. ... .... ..... ........ .. . ....... ................... ........ ............ Mea n ing of resol ution... etc..... .... . .... ........ ..... 5..... . . .. . ..................... Veto power of the President .. . ........ . . ... . ... ...... ....... . ............... .............. ...... .............. Progr es sive syst em of taxation. ..... ........ ... .... ...... .... .. ... .. 194 194 194 194 195 195 196 196 196 196 197 197 SECTION 28 1. xxii 1.. .. ....... ............. . .... .. . .... . .. ..... . .... ... ..... .. ... .... .. . .. 2.... ..... . ............ .....

.............. ........ Mean ing of initiative a nd referendu m ....... . . ... ...... ....... .... ......... ... ................ . The Vice-President ...........EXECUTIVE DEPARTMENT SECTION 1 1.. .....6.............. .. ... ... ......... ....... ............. .. ..................... ........ ............ 4.. .. . ..... Votes req uired for grant of t ax exemption ......... Meaning of executive pow'3r .................... 206 206 SECTION 2 1... Meanin g of ~ app ropria~ion made by la w" ...................... 2. .... ..... q ualifications of the President and Vice-President. ..... ..... P r ol-... President............... 20~ SECTION 32 1..... 2.... .................................. ~00 SECTION 29 1. .............. 203 SECTION 31 1.......... ... . .. ....... ........................................ .... ...... ... Law increasing appellate juris diction of Supreme Court ..... ....... . ... .................. 2... .. . ... Expenditure of special fund... .... P rohibition against "JSe of public money or property for religious rurpose ........... 2 00 20 1 20 1 202 SECTION 30 1.............. ... ... . 3............. ...... . ... ....................... ......... .......... ...... 204 204 ARTICLE VII....... ........ ... .. ............... 207 SECTION 3 1....... .... ............. .... t he E xecutive ...... ... The powe r of appropriation ... · C ongress to provide a system of initiative and referendu m ............ibitiun against gr anting title of royalty or nobility.

.......... ...... ............. .................. ........ ........ .. Term of office distinguished from te nure of office........ . ....... ........ ... xxiii 212 .......... ...................... 3.. .. Election contest involving the position of President or Vice-President .... 208 209 209 210 210 211 212 SECTION 5 1...... . .......esident .............. ... ................ . .. ......... ....... .......... right L(> hold office. Canv assing of r eturns and proclamation .... E lection of t h e Presi den t and Vice -P resident . 4................. 6.... or Acting President... Reasonll f or proh ibition 2........ 5... ....... ... .. ... Vice-Pr........ ...... ..... .... .. ..... .......... Oath or affirmation of the President............. 207 SECTION 4 1... . . .......... .... .. 2....... and office.gainst r e-election of Pr esident .................... Term of office of t h e President and Vice-P re ~ident . . ..... ......... ..... . .. 7. .... ....... Reelection of President a nd Vice-Presi dent ....................... ........ .... ... ........... . .

..... ...... ....... ........ Vacancy in the Office of the Vice-President ........... 216 SECTION 11 1....... ..... .................. ..... Vacancy in the Offices of both the President and Vice-President....................... ... .. . .. Ml~m bc rs of Cabinet................. . ...... .. ..... 214 215 215 215 SECTION9 1..... ........................... . SECTION 12 217 1. ................ . ...... ...... ......... ........ ......................... Where there a re no Presi dent and Vice-President........ 4......... Rule on nepotis m ....... When Vice-President shall become Prc!:!ident ... Official r esidence and compensation of the Presid~nt and Vice-President... and their d e puties a nd assistants ............. ............... Disabilities of President .................... .. .... 218 SECTION 13 1. . 213 SECTIONS 7-8 1.... 2.. 3........... ...... ......................SECTION 6 1.... Rules in case of temporary disability of the Presiden t. ...... ....·.. . ...... 219 220 SECTION 14 1................ ...... .. When public to be informed of Prt~sident's state of health.. ......... .. 2.... Vice-President.................. 216 SECTION 10 1....... When Vice-President s h all act as Preside nt ...... Classes of Presidenti al succe!!sion ............ ..

............ . ........... ........... Nat........................ ..... 6...... . 8..... ....... ........ . Kinds of p residential appointments .... ... ...... ................. .. 221 SECTION 16 1.. .... Appointment by other official s. 4. ... . Meaning of appointment . ... ..... . .... ......... ............ ........ 9..... ...... ..... ........ .... ... .... ... ...... .............. 220 SECTION 15 1. ..v an Acting President..... ....... Officials who se appointments are vested in the President. ........ Appointments preceding a presidential el<:>ction ...... .... ............... .......... ...... ... 5.. ..................... xxiv 222 222 222 223 224 224 224 225 225 .. ...... 2.. ............ ... .......t... ... .. .... ... .. ........ .... Steps in the a ppointing process .......... .... ........ .......... .. Kinds of appointment in the career services ....Appoint ments extended h........ ... ...... ............ . .. 3........ . .... ........ . ......... ... ........ Confirm ation of a ppoint ments by Commission on Appointments ...... Ad interim appointments ............ .......... 7........re of power to appoint ... ..... ...

..... Authority of Congress over the armed forces............................... . .... Meaning of repr ieve and suspension of sentence .................. Power of control over all executive departments... .................................... ..................... .... ............................... o bject... Power to insure that the laws be faithfully executed............ ................. Effects of a state of martial law....10..... Basis........... .......... ... ....... . Meaning of amnesty...... . 3....................... Meaning of co mmutation ................... bureaus and offices ............. ...... ................ . ...... ........................... ... ..... .............. Restr ictions on the exercise of the two powers .................... ..... 9.............. .. . . 5........ ......... .... ................ .................................. .............. .................. 226 226 226 227 SECTION 17 l............................. ................... . .. Power to suspend privilege of writ of habeas corpus .... Removal power of t he Preside nt...... and duration of martial law..... 5.............. 12........ 7......... 229 230 230 230 231 231 231 232 233 SECTION 19 1...... ................. ........................... .............. Remission of fines and forf eitures ......................... ............. ....... Powers of President as Commander-in-Chief of the Armed Forces . 227 228 228 SECTION 18 Military power of the President . ... 9.. 11.. ..... ..............: 6................. ............................ .... ........... ... 3................... ............ ..... 11...... Pardon and amnesty distinguished........ ........ Effects of pardon............................ ............................... .. Object of pardoning power .................. Meaning of pardon .............. ........................... 8.... ...... ............... .. .... ....................... . ........ .. .... Meaning of designation .... . Nature an d extent of the power of control.... ... 2.................................... ......... Effect of amnesty... ................ 6........... ..................... Kinds of pardon ........... ............. ............. .......................................... ............... .......... ....................... ....................... ................. Kinds of acceptance........... 12............ ......... 2.... ............ 8........ ........ ......... 234 234 234 234 235 235 235 23 5 236 236 236 236 SECTION 20 ... ... Meaning of martial law .... 4......................... 4................................... Power to declare martial law ..... .... . ................................ Pardoning power ......... 3................. ..................... .......... 10.............. .. .... 7........................ .................................... ........... ... Extent of the President's power to remove.................... .. ...... 1.... 13..................... ...... Limitations upon the pardoning power....... 2..... ...... ... ...... .............. .................. ........................... .... ......

............................... 3... ........ 238 238 239 SECTION22 1.... ... Steps in treaty-making........... ........... ............................. .... Authority to contract and guarantee foreign loans . ..... Meaning of treaty ......................................... XXV 239 .. 237 SECTION21 1. .................................... .......... .................................. ............. 2.........1........ ................................. Distinguished from international agreement and e x~utive agreement ................. ...... Budgetary power of the President........

.... SECTION 4 247 l....................................... . ........................................................ ..................... ....... Justiciable question disti n guished from political question .. . .. .......................... 2. ............................. Jurisdi ction of courts ................................... 6..... 8.. ....... ... ........... Organizatio n of courts .................. ........... SECTION 3 Fiscal autonomy .... ............................................ ..... 2 40 ARTICLE Vlll....................... ......... 5. ........ Limitations on exercise of power of judicial review . Original jurisdiction of Supreme Court over cases aff ecting ambassadors........... ............. 2.... . Meaning of executive agreement...... 6..... 8.......................... . ...... Scope of judicial power .......... . 4.......... .. ..... ............. Givin g of advisory opinions not a judicial function............. ........ .. 7................ ........ Meaning of judicial power............ . ......... ....... 3................... ........... Independence of the judiciary .................. 7...... . 246 247 1.. 2.. .... Prerogative to address and appear before Congress. ................................................... .......................... ................... 5. ......... Sitting procedure ...................... 241 241 242 243 243 244 244 245 SECTION 2 1.. .SECTION 23 1.................... ........................ 4...... .. ......... ....... ....... .................................. ... 5..........JUDICIAL DEPARTMENT SECTION 1 1.... Judicial power vested in one Supreme Court and in lower courts..... .......... Quasi-judicial agencies....... ... 8... .............................. 9........... .. 6.......... 4.. .......................... . 3.......... Cases to be heard or decided en bane and vote required...... ................ ...... ............................................ ..... .... ....... Importance of the judicia ry .......... ...................... . etc................. Classes of executi ·1e agreement s . .......................... .. Meaning of pow er of judicial review... .... 3... .. ... ............ ................... Exclusive appellate jurisdiction of the Supreme Court................. Composition of the Supreme Court... etc................... 2.......... ......... ........ 7......... Original jurisdiction of Supreme Court over petitions for certiorari..... .. Power to apportion jurisdiction of various courts vested in Congress .......................... .. .. ........ 248 248 249 250 250 250 251 251 SECTION 5 1..........

...... .............. ...... xxvi 260 ...................................................................... ......................... .... Substantive and procedural law/rights distinguished...:.. .......... Administrative supervision over lower courts ............... 253 254 255 255 256 256 258 259 259 SECTIONS 1.................. Limitations on the rule-making power of the S upreme Court .... Rule-making power of the Supreme Court ...... . ................ Change of venue or place of trial .. .. Appointment of officials and employees ................ .............. Assignment of judges of lower courts to other stations ...................... .. .........

.... 268 269 SECTION 14 1............ ....... ..... . ........ ............ ..... dissent.... ....... Meaning of good behavior . .. . Prohibition against designation to quasj-judicial and/or administrative agencies ... .......... Disciplining or dismissal of judges of lower courts .. ....................... ...... .... Qualifications of ju dges of lower courts ........ ... ........ . Tenure of office of members of t he judiciary ..... .... ................. ........ ..... ....... Compensation of members of the judiciary . . 2... . or abst ention................ 3............. Authority of Congress to alter qualifications of certain constitutional officers ............................... ......... 3.................... ....... ...... ... ................ .................... 2........ 261 261 26 1 262 SECTIONS 8-9 1.. ............. ... .......SECTION 7 1..................................... 2......... The ad mini stration of justice ............ ....... ............... ... .. ....... .. Procedure in rendering decisions . .................. Appointment of members of the Supreme Court and judges of lower courts .......... ................... 264 SECTION 10 1...... ................. 265 SECTION 11 1.... ............ .. ............ 267 SECTION 13 1......................... 2...... ...... .............. Qualifications for members of the Suprem~ Court and any lower collegiate court...... 4.................... 266 267 267 SECTION 12 1.. Requirement in case of non-participation........

.. 2. ....... COMMON PROVISIONS SECTION 1 1.......... ..................... .............................................. .. ... ............................... ..... Submission of annual report....................... Maximum periods for rendition of decisions............ 272 AR'l'ICLE IX..... .....CONSTITUTIONAL COMMISSIONS A............. .............. ... . .......... ............ .. xxvii 273 ... ............. ............ ............... Independent constitutional bodies...................... 271 27 1 SECTION 16 1............. Time limitations mandatory...................................................... ............. ........... .....Meaning of decision........ Form of decision of court ....... 269 269 SECTION 15 1.

.... THE CIVIL SERVICE COMMISSION SECTION 1 1.......... Disabilities of members of Constitutional Commissions.... 4. ...................... 8....... 2..................................................... ...... ...... 3.................... ..................................................................... 6.............................. 9.... 276 SECTION7 1........ 3.. ........................... ............................................. 27 4 SECTION4 1... Rules of procedure.. .. Appointment and removal of officials and employees.......................................... ....... Qualifications ofmembers .............. 274 SECTION 3 1. Additional functions under the law........... Other common features. 276 SECTION 6 1............................................... .............. 7............... 4....... 5. Appointment and terms of office ............... 2.... Compensation of members of Constitutional Commissions ....... Fiscal autonomy.... Rotational scheme of appointment ......... 2... 276 SECTION 8 1... Rendition of decision and judicial review................................... Composition of the Civil Service Commission......... 277 278 278 278 279 SECTION2 1. 5.................... .... ............. ........................................... 27 4 275 SECTION 5 1.................SECTION2 1.................... Reasons for creation of the Co mmission........... 27i B.........................

................ Activities not covered................. Non-competitive positions................. .................................................. .... ..... ..................................................~........................................ Scope of the Civil Service ................. Abolition of position ...................................................................... ...... Right of gove rnment employees to self-organization ............................. . .......................................... Meaning of Civit Service ............................................................... Meaning of electioneering or part isan political campaign............................................. xxviii 280 280 280 281 282 283 283 284 284 285 285 286 ......................................... Meaning of"for cause provided by law"...... The merit system............................................ .10... 11.............................. Prohibition against elect ioneering and other partisan political campaign....... Guarantee of security of tenure ..................... ................ .............. Constitutional classification of posi tions in the Civil Service................................................................. 12.........

............. .... . 3....... ..................... ............................. . ....... ........ ......... . ..... Purpose of providing a civil service system........... .... 291 SECTION 7 1. 2.......................................... Standardization of compensation........ 292 292 ............ . .13... .......... .. ........ Right of government employees to strike ..... ......... ..... Basic requisites of a civil service system... ... .. Oath to dt!fend and support the Con:~titution ....................... Powers and functi on~... .......... 287 288 289 289 SECTION 4 1..... P rohibition ag ain ~t hol ding more than one position by appoin tiv e officials ................. 14....... ....... 290 SECTION 6 1..... ...... 286 287 SECTION 3 1....... . .. ....................... .. ... .... ... .......... Ineligibility for a ppointment of e lective officials ...... .......................... I neligibility for appointment of defeated candidate in an election ................. ................ 290 SECTION 5 1..... 2............ .................... Importance of a permanen t civil service . .... ........... .... of the Commission ............. .................... 4. ....... Protection oftemporttry employees................................................. ... ........... .

.... .. ......................................... ........... . ........................... Powers and functions Ofthe Commission......... ....... etc. ......... Hearing of election cases..... .... 2....... or ind irect compensation............. ..... ........... Qualifications of members .. .......... ............... ............... Prohibition agains t additional........ ....... 3..... Rationale of r egistration of political par ties ... 298 300 301 SECTION 3 1.................... ........... .... Appointment and terms of office ................ .................................. ... from any foreign st........ ...........t acceptance of any present... 4... xxix 301 . ....... 295 295 296 296 SECTION 2 1........... ..... ... .......... 2...... double................-..................... .......ate ...... E"c 2pt ions to the prohibition .. Finality of decisions ..... ............................. .... 3....... ............. ....... Composition of the Commission on Elections ....... ................................ .... .... ............... ..................... .... ....... ............ 3..........SECTION 8 1.. Prohibition again.............. . 293 293 294 C........ P urpose of the Commission . T H E COMMISSION ON ELECTIONS SECTION 1 1.... ...... ........ ..... ...... 2.

..... F r ee and open party system............ ......... ... ......... .. ........ .... ...... ..... . .... .... .. 308 308 SECTION 10 1.............. Meaning of suspension of se ntence ...... ......... ........ .............. .......... Membership ()f political pnrties.. .... ~-..... Meaning of pol itical party ... .... 302 SEC'flON 5 1......... ... ....... .... . etc........... etc.. ........SECTION 4 1..................... . ... ..... Protection against harassment and discrimination .. 30:3 303 1...... Election per iod .......... .. .............. Meaning of parole ... AutomaLic relea~..... SECTION 7 Party-list........... .... ................. .......... ....... .... ...... .................. 2.......... . ......... . ......... in registration boards. ....... ........ Regulation of public utilities a nd media ... ......... .... Pardon... .......... of violators of eleetion laws .. ............... ......... ........................ .e of appropriations ........ ........................ystem ............ ................ ................................... Campaign period ... 2.............. ... ....... ............ ... 308 SECTION 11 1......... 303 303 303 SECTIONS 1. .. ... .... 3.. ..... 2........ .......................................... SECTION 8 306 1.... ..... 307 SECTION 9 I... .... ................ .......... etc. .............. .. ... . .......... ........

.................... Concept of examination ....... ................. THE COMMISSION ON AUDIT SECTION 1 l....................sion..... auditing... 312 314 SECTION 3 1............... 315 XXX ......... .... ....... ............................. 4............. ............... 2......... ...... Exemption of any government entity or its subsidiary ... .... ................................... 3................. .......... 2.. <tualjfications of members................. ........... ..........309 D............. 310 310 :n 0 311 SECTION 2 1...... ......... Appointment and terms of office. Composition of the Commiss:on on Audit... Purpose of the Commi:........ .......... and settlement of accounts... PowerH and function s of the Commission ....

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

.. ............ .. ... S ectora l representation in local leg isla tive bodies ... ...... 3 2o SECTION 9 1......... .. ...... Term of office of e lecti~c local offic:als . . . . ... 326 xxxi ...... 324 SECTION 8 l... ... . .. ..... ..... . .............

........... Residual powers vested in the National Government.. ...................... ......... ........... of any local unit ....................... .... Creation of autonomou~ regions ..... 329 AUTONOMOUS REGIONS SECTION 15 1..... ........ 326 SECTION 11 1... ... Regional development councils or other similar bodies... ...... ........ ......SECTION 10 1.... ... ..... etc.... .. ....... ......... General supef"\isory power of the President over auton o m ou~ regions .... Grouping of local government units ............ 327 SECTION 12 1.......... ........ 330 330 SECTION 16 1.... ...... .. Creation. . Component cities and highly urbanized cities ..... ... .. ... .. ........ Composition and condition for creation of autonomous regions ......... ........ .. ................... Creation of special metropolitan political subdivisions... 328 SECTION 13 1....... . .. .... 331 SECTION 18 ............. ...... .. ....... merger............ division... ... . 2............ 331 SECTION 17 1. 328 SECTION 14 1........ ...........

Time frame for the passage of organic act~ . ... ........ ................ ... ............ ....... .... . ... ....1..... 333 SECTION 20 1......... ........ 333 SECTION 21 1...... Enactmen t and ratification of an organic act for each autonomous region . . .......... 334 xxxii ......... Legislative powers of autonomous regions ... 332 SECTION 19 1...... ............. Preservation of peace and order within the regions ............ . . .... ... . ... ... .. .. .. ...... .. ...... . ....... .. :.......

. Nature of public office ................................. 3... ............. Effect of resignation..................... 344 SECTIONS 5-11 1......... 335 335 336 336 337 338 SECTION2 1................... ................................... .... ......... .... ....... ......... ...................................... Accountabi lity to the people . ................................................ Penalty in impeachment cases .... ................. ................ 4..................... ........ ... Purpose of impeachment ............. 5.. 4................................. ........... .............................. 2............................................... . .. 2.... ..... ....... Power to initiate and try impeachment vested in Congress ......................... P r ocedure in impeachment cases. Public oftice....... 342 343 343 344 344 SECTION 4 L The anti-graft court known as the Sandiganbayan ... 3.... Meaning of officer and employee. ... Ratio nale for creation of the two bodies................ ............... 6............ .. ................................. ...... ... a public trust. Removal of other officials...... .......... ...... ................................. 5............ 4.................................. ......... ................................................................. Rules on impeachment......... .. ........... 3............... ........... Officials removable by impeachment........ ..... ....................... .......ARTICLE XI -ACCOUNTABILITY OF PUBLIC OFFICERS SECTION 1 1............................. .... Meani ng and nature of impeachme nt....... Meaning of public office and public officer..... 5.......... Importance of maintaining public trust in public officers ............................................. 339 339 339 340 340 SECTION 3 1................... . .. Grounds for impeachment...... 2......... .. Office of the Ombudsman to be known as Tanodbayan ........... ................... 346 347 .................................. .............. ......... 2...

.......... Prohibition against grant ofloan ........ ......................... .. .. .......... ............. 349 SECTION 14 L Fiscal autonomy......... ........ 352 xai ii ...SECTIONS 12-13 1................ .. guaranty or other form of financial accommoda tion .... ........ .......... ................................. Right of the State to recover ill-gotten wealth.... 351 SECTION 15 1..................... functions................ ............... 351 SECTION 16 1.... .. and duties of the Ombudsman... Powers....

.......... etc................ etc... .... . liabilities and net worth ... Three-fold goals of the national economy ... 6.. Promotion of industrialization and full empl oyment............. 9.SECTION 17 1............. Protection of Filipino enterprises against un fair foreign competjtion and trade practices........... :. Small-scale utilization of natural resources by Fil ipinos to be allowed ........... ............ 2................. ................ 5.... ..... development and utilization of natural resou :rc2s ........................... Agreement for exploration......... Alienation of agricultural lands of the public domain .............................................. ......... Guidelines in the development of the nati onal economy ............. 3............ Technical or financial assistance agreements with foreign-owned corporations.......... ................... ......... 8. Duty of allegiance to the State and the Constitution .......... 352 SECTION 18 1.......... ................. Strategies to accomplish goals ........................ .......... ........... Period of agreement for exploration.....................................NATIONAL ECONOMY AND PATRIMONY SECTION 1 1...... 5. ....... 353 ARTICLE XII..... .............. Protection of marine wealth ....... .... ..... . .... .. of natural resources limited to Fil ipinos. 2. .................................. ........ ...... ......................... ..................... State ownership of natural resources................................. ... 7. .... Concept of national economy and patrimony . 6.. .......... 354 355 356 356 357 359 SECTION2 1................... ........ ................... ....... ............................ ............ . 4.. Objectives of policy on natura] resources ...... Exploration...... 3.......... of natural resources .......... Declaration of assets................... ........ 4.....

...........xxiv 371 ......... 3................. now a mode for the aequisition of public lands .... Protection of rights of indigenous cultural communities to their ancestral lands .... x........................................ .......... Congress to determine specific limits of forest lands and national parks... 5......... ...... ........................ ... .... Grant...... Maximum size of landholdings...................................................... 2....... Classification of lands of the public domain... ........................... ................... 366 367 367 367 368 SECTION 4 1... .............................. ................................................. 4.................. Determination of size of landholdings and conditions therefo r ... Basis and 1·ationale of classification...361 362 362 363 363 364 364 365 365 SECTION 3 1..... 370 SECTION5 1...... .............. ..............................

. ........ . 2....... ......... ... . ..................... ............................ ........... . .. ...... . ..... . 379 3 79 380 380 SECTION 11 Meaning of franchise...... 3........ Consequence of violation of prohibition.. ........................... S................... 4..... Limitations upon grant of fra nchise.... ... Proh ibition aga inst alien landholding.. 3.1conomic and planning agency headed by the President...... ........... .......... .......... . . ............ . . .. .......... ..... ..... Right of natural-born citizens who have lost their citizenship to acquire privat e lands .......... .... ........... ........ .... . ........ Foreign par ticipation in any public utilit y.. ...... ..... .................... ... Acquisition of pri vate lands... ... 1..... ................. ... . ..... ............... .. . ................ ..... Equity participation in public utilities ...o be e stablished ............ ....... ....................... Filipinization of ce-rtai n areas of in vestmen ts ........................ 374 374 375 SECTION 8 1... .................... . ..................... ... ...... 2............ ........ Higher percentage of Filipino ownership...... ... ....... ........ 4... ............ 5....................... 2......... 2................................ .. .... ..... Meaning of-public utility.... 372 373 SE CT10N7 1... . .... ...... Cl:ltablish and operate economic enterprises..... ..... .............. 375 SECTION9 1.... ... ............. ................. .................. .......... .. Regulat ion of foreign inve stm ent~ .... ...... .......... etc... 377 SECTION 10 1....... ..... .... Purpos e oflimiti ng period of franc hise... Use of property bears a social function.................. .................... t. .....SECTION"S 1.. .. ... ..... ........... .... .. Existing laws limiting certain activities to F ilipi n<â ¢ citizens or corporations . ...... 6 . .. Independe nt t.......... Right to own.... ...... ....

. . Promotion of national talent pool of Filipinos .... 384 SECTION 13 l... ............. Adoption of ''Filipino First" p olicy ... . ......382 382 383 383 383 384 SECTION 12 l.. ......... ......... ............................ ..... ....... 3...... . ............. .. .... ... ..... Encouragem ent................ Practice of all professions limited t o F ilipino!' ......... 387 387 388 389 XXXV ... ....... . ................ ...... 2.. Regu lation of technology trans fer .......... P romotion of trade policy that serves t he general welfa re ........ 385 SECTION 14 1..... 4............. ........... ................ of appropri ate technology ...................

....... ......tition prohibited ................ ........ 395 SECTION21 1...................... 389 SECTION J6 1. ............................ Regulatiun or prohibition of private monopolies ............................................... orgllnization............... 2. ....... ............. Meaning of unfair competition..... ......... 392 SECTION 18 1............... Agency to promot.......... ........ and regulation of corporations.................... Com hination!'i in test..........S by the government ........................................................................... .................... ......r-aint...................................... Rules with respect to foreign loam.......................ed ............... ................ Temporary take-over or....................................... Meaning of monopoly............... ...... 393 393 393 S93 394 394 SECTION 20 1.. Formaliun.............. Meaning of competition ............ Go\â ¢ernment ownership of husine!'is ...................e viability and growth of cooperatives to he c!'eat............ 3..... 390 391 SECTION 17 1.............................. 2....... ...... 392 SECTION 19 1. .... Meaning of restraint of trade........................................... 4......... 6..... uf trade and unfair compP...............................SI<~CTION 15 1.............. ... 5.......direction of private busim!........... Central monetary authority to be established............... ......... Creation of government-owned or -controlled corp0l'at1ons ..

........ Act:.............. 2...........ion of wealth.......................... . Social justice through rc~........................ . xxxvi 397 397 398 399 400 400 401 ...... .................................... which circumvent or negate Articl(> XII ..................................................... ... .. .....SOCIAL JUSTICE AND HUMAN RIGHTS SECTIONS 1-2 1........................ Social justice and property rights............................................................ Social ju stice through promotion of equality of opportunity ............................. 7......... 6................. 5. Social jui<t.............. 396 SECTION22 1............... 3.......................... Duty of State to prc....... ....'lllation of property and dif'fu.................. Concept of social justice................ 396 ARTICLE XIII.. Beneficiary of social j ustice policy ...ice neither social/economic nor legal/political equality............................... 4...........motc social just ice ..

................. ............... 401 LABOR SE CTION 3 1...... 412 412 SECTION 7 1.... ........................... .... ........ ... ......... and management of the program.... ............... .. .... ... Resettlement of landless fa rme rs and farmworkt~rs ..... 6..... ... .... ................ ..... ........ ...... .............. ............ 409 SECTION 5 1............. ........... ..... .... Constitut ional provisions on social j ustice ........8... .. Roci procal rights of labor and en terprises. ..........ation... ...... 4. .. ........ ........... ........ .... Prot ect ion to labor.)...... ... ..... .. 413 SECTION 8 1........ .... 411 SECTION 6 1. organi1. 2....... ... 403 404 405 407 407 408 AGRARIAN AND NATURAL RESOURCES REF ORM SECTION 4 1.......... ........... ................................ ....... .. . Undertaking an agrar ian r eform pr ogram .... Promot............... Dis pos ition of othe r natural r esources an d of pu blic a gr icultural es tat e::> ..... ..... 3.................................. ........... .... .............. . ...... Rights of workers.... Principle of shared res pon s ibility ............................. .... . P lanning........ Rights of subsistence fish e r me n and fishworkerf-! ........ 2.ion of full employment and equal work oppo rtunities . .. ... ....... M ethods for resolving labor di~p utes .. ............. ............................

.... Ej ectm~nt and rese t tlement of ur ban 0 1· rural poor dwellers..... . ..... Protection and promotion of the right to hE>alth .. .........Inves t ment incen tives to landowners..... .......... ..... . ...... ..... ........ xxxvii 417 ........ ..... .. .. 414 SECTION 10 1........ ..... . URBAN LAND REFORM AND HOUSING 41 3 SECTION 9 1......... . .......g a continuing urban land reform a nd housing program .... ........ 416 HEALTH SECTIONS 11·13 J.. .. ............ ... .. .. ........... ............... ..... Undertakir.... ......... .......... ................. ............. ..... . ..... . ............

... ............... Goals in giving priority t. 4... Protection of working women ..i1m ...... o Right o f all citizen~.... ...... Obligatlons impo:..... 421 422 HUMAN RIGHTS SECTION 17 1..... .... ................. 3... . ... Reasons for creation nf t..... 422 423 SECTIONS 18-19 1... ........ Duty of the State to protect and promote right to quality educat. 9.... .EDUCATION... ....... .................(~duca tion....... 5...... 4....... .. ...... ...... ... ............ ............. etc....... Powers and functions of th(~ Commi....... 420 ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS SECTIONS 15-16 1.......... 5.... .......... ................ ........ .............. ARTS. 2........................... .. .. ...... .. 2.. The Commission on Human Rights ... ...... ....ed on the State ............ .. . ................. 2.................WOMEN SECTION 14 1... 6.........................sion ................ ......... CULTURE AND SPORTS EDUCATION 1.. .. ... 2....... Role and righto of people's organizations.......... SCIENCE AND TECHNOLOGY............... ....... .. 425 ARTICLE XIV.. . .... ..he Commissinn . SECTION 1 Concept of education............. .......... .... ...... ........ 8............ Ways for acquiring ed ucation ... .......... ... 3................. ............ SECTIO N 2 427 427 428 42R 429 l... ...... 7. ........... .................... . to quality education ..

.. adequate..................... . System of education t o b e relevant to the needs of the people and society ... ............. .... ...... ...... System of scholan.... ........ ......... ........... ..................... xxxviii 430 431 440 440 441 441 442 442 ·!45 ....... .. .... Non-formal.............. learning ............ ... Compulsory elementary education for all child. ............................... .... . ....... etc......... ... ..........ysterr... .... ...... vocational cfficiem:y and othe r skills to be provided......... .. .. informal.. .ion to be established........... . System of a free publ ic education to be estabiished and maintained.... .............Complete.. . Training in civie:.... ........ to he encouraged .. Natural right and duty of parcnLli to rear their c h ildren.................................. maint ained. ...... ............. Righ t oft....... .............. ...... e tc....s.......... t .h ip grants..............he State to a ::.. and indigcno m..... ....... ........................ and supported .... Hnd integrated system of educat..o be estab lish ed and maintained ... ..~1fficiently educate d citizenry......... .........·en of schoo l age..... .....

...... ..... .................. . .... .. ... ...... .................... . .. ...... ...... ... ............ ............ 455 456 456 157 457 458 458 460 461 461 ..... Guarantee not a cademic licens e .. Right of teachers t o profession a l a dva nc ement ................ .. ......... .. ....... ..... ...... ............ ........... ............ ....... ....... 3...... ...... Educational a ims of schools. Educational instit u t ions est abli sh ed exclusiv ely for aliens pr ohibited....... .............. .................................... .. ............ ................ .......... ... . co ntrol and administra tion of education al ins tit u t ions by Fi lipino t-'itizcns .......... .. .... ............. .................. . .. ............ .... .. .................... 5.... 1.SECTION 3 1... 4 ........ .~ of study .... ... .. 5............. 4. . Exemption from taxes and duties . ......... .... .... ...................... ........... .... 7...... 6..... Ownership. ................ ..... .... 3 . ... . 2 . Right of every citizen to select a profession or cou n..... Duty of State to improve lot of t eachers ...... . ....... ......... ..................... .. .... ........ .. ......... 3.......... ..... ...... .. .. ... . ....... .......... .......... 1................ ......... 450 451 45 2 453 453 SECTION 5 Regioual and sectoral needs a nd conditions to b«:> taken into account ......... ... ..... ............................... ....... ............... .. ....... ..................... ................. ...... ... ........... . -l.. ..... ..... ... 10. ... ....... Optional religious instruction in pub lic elementary and h igh schools to be a ll owed .... 8.. .............. ... ........ ..... .. ............. 2... Study of Constitution to be part of school curricula .... .. .. ..... . ........ 9.......... Importance of values education.............. 2....... ............... . Right of non-tea ching aca demic a n d non-academic per sonnel ... .. .......... ... . ... ........... 446 446 447 448 449 SECTION 4 Complementa ry roles of public and private educational institutions recognized .. . ... ..... Importance of g uarantee of aca demic free dom ... ......... .. .......... 'Meaning of academic freedom . ......... ........... . ..... ............ ..... Role of other sectors in the educa tio n of the youth.. State to assign the h ighes t budget a ry priority to education. ... . State power over educational in~ titutions. .... .. .......... 5.. .. Institutions of hi gher !earning t o enjoy academic freedom ... .... ..

............... ....... . ........ .. ........................ . x........ ..................... .. ................ .... ........ Need for a oHtionallanguage .. . ............... ....... ... ........ 3.. .......... . ..... Use of Filipino as a medium o f offici al communica tion and langu age of instruction . ........ ....................... .. .... ... ... .......... Auxiliary offi cia l languages. .... ........ 6.... ......... .. ........ .... . 3......LANGUAGE SECTION 6 1.......... 2....... ........ . ......... ..... Official languages ofthe Philippines ....... ..... ........... . .. . ... ............. :......... ..... ..... .... . Pilipino not immediately abrogated ............... 4........... ................... ........ Difference bet ween o fficia l la ng uage and national lan guage ..................... .... 2. 462 462 462 463 464 464 SECTION 7 l...................... ... ......... Need for communication skills in E nglish.. ..... . National language is Filipino ..................... ... ..... ..xxix 465 465 466 467 ... Importance of la nguage . ............... Concept of lan guage ...... 4.................. ..... 5............... ... ...........

......................... ......... .... ... ........ .... ............ ..... ... .............. ................................ Right to inventions.... ....... ........ 2. ........ ............'........... 4. ... .. ........................... ... 2......... .. .............. .. ........ Preservation.................... .. ............ Science and technology education and training ........... Concept of science and technology ................. ............. 'â ¢. ....... 5.... ... 46R SCIENCE &'lD TECHNOLOGY SECTIONS 10-13 1............... .. . ............................... to be secured.... ..... Constitution oflicially promulgated in Filipino and English................... 469 469 4 71 4 72 473 \... \\ 3... ...... ... Tra nslation and interpretation ............................ Importance of culture ... ....... ......... 467 467 SECTION 9 1............... Conceptofart sand culture.. ARTS AND CULTURE SECTION 14 1............................... . ... enrichmen t... . Science and technology essen tial for national development and p rogress ... National language commi ~?s ion to be establi::.ht~d ............... 4.............. 474 4 74 4 75 4 76 ...... .. .. .. 3....... ...................... Pr omotion of science and t echnology........... ................ ..... ......... etc ..... ........... and dynamic evolution of a Filipino national cultu re...............SECTION 8 1. 2. Promotion of cultu re .......... ............ ...

............. .................ures ofthe nation .... .. ...... ... xl 482 ........... 4 79 SECTION 18 1.............................................. .... ......... Rights of indigenous cult ural communities................................. .SECTIONS 15-16 1.. .... :.. Concept of family ....... ... .. Cultural trea::.. . ........................ ........... Promotion of s port.... 2....... 4 78 SECTION 17 1.............. . ........................... ................... ................ . . .. 480 SPORTS SECTION 19 1....... Equal access to cultural opportunities..................... .... ......................... ... ....................... .......... 480 48 0 ARTICLE XV -THE FAMILY SECTION 1 l............. .... Concept of sports ........ .........

. ............. .... Waiver of immunity 1 .............. 492 494 SECTION 3 1....... ........................... ... .......................... The Philippine Flag......... 2..... 1...... ............ The Filipino family.... Playing or s inging of the 1\ ational Anthem.. Concept of marri<tgf' .......... .. Duty of State to defend family right....................... 2. Adoption or a new name forth(~ country..................................................... Marriagt\ an inviolahle social institution .............. ..... the fonr........ ................. ........................clation of the nation ........... a national anthem............... ..... ............. When suits against the State pf~rmi~siblf ..... ............................................. ............u abih ty of the State ....................................... . Duty to ca!'e for eldel'ly members............................ ... 2.... Bases of the principle.... ......................... . Sl<~CTION 485 4 487 1........... 482 483 484 SECTION 2 1. Exemption from flag een⠢mony on religious grounds................ Pri neip le of mnH.... .......... 2.............. ....~Importance of the family to the State .... ......... ..................... .... .......... 489 491 SECTION 2 1....... .. ...................... ...... or a naLional f'C~al .................................. ARTICLE XVI -· GENERAL PROVISIONS SECTION 1 1... :i....... ................... .................................................................. 484 484 SECTION 3 1..... Sphere of law on fan1ily .............................................

.... to include a citi£en arn1cd force... ..... ... xli 501 ..............en ar·my {~onccpt......10t admi!....................... ...................................................................................... 498 SECTION 6 l................ The citi... ..... ....... their widow......... <tnd orphans................. Armed Forces of lh~~ Phi hppinc.. 2.......:sion of liability................................. ...................................... Assistance to veterans...................................... Rules applicable tc the armt>d forcef<. ..... 496 497 SECTION 5 1................. 494 495 495 496 SECTION 4 1.... 499 SECTION 7 l....... One national and civilian police force~...

.. .............. ....... . .......... ... ..~ENDMENTS OR REVISIONS SI!:CTION 1 1...... ..... .. ... ........CTION 12 1.. . ....... .... ..... .... . 501 SECTION 9 1.... . . ...... .... ....... ......... .... of mm... ... ............... ..i'i05 fi05 506 SF.. Filipino capability in comm~m ica tion ancl informati on ... . ... . .. ..... Amendment and r evision distin g u ished .............. ...... ..ion may be pr opos ed . . ............ . Importance of the a mending proeedurP .. ...... ......... Review of pensions anrl other b<mefits du e to ret.. ........ . ....... .... 3.s mNlia by Filipino citi <.. . . ..cns ...... . ........ ...t........... .... .. . . .SECTION 8 1.......... ...... ...... ... ... .... ..... Ownership and munagement of a clverti:..... ....... ... ......:. . Regulation or prohib ition of mon opoli£⠢S in cc. ........ Ownership and management. 3... .. . .... ... 501 SECTION 10 1......................... Creation of consu ltative body ror indigcnou.... . . . . .... 4.... .. ..in!eS .......... . .. .... ... ... ...... . Regulation of the a dve rtisi ng indu....... ..... .....·_v ...... . .... ... ........ cultllra l communities.. 2.... ........ .. ....... ...........mmtrcia l mass media .. ... .. . ... ......... ........... ...... ..ing ind w'tt' }' ... .......A..... ..... 2..... Methods hy which a mendments or revi.... Protection of cons umers ..... ..... ................. .. ... . ... . 502 SECTION 11 1.. ...... . . 504 ...... .:.... ... . ....... .. ...... .. . 506 ARTICLE XVII. . ....

...... ........ ... .... . . ........ . ..y be callf>d ... Methods by which a constitutional con v(~ 1Hio·1 n................ 510 511 511 SECTION 4 1........ ..titutionnl Commiss ion...... .. 3... xlii 5 13 . .. . ........TRANSITORY PROVISIONS l.. ................... Meaning and purpo~e of t ransitory pr ovision s ........ ...... ..... . . Cons titution drafted by an appointive Con ........... . . Rati5 ca t. . Meaning of con stitutional con vent ion .. ... .... ..... .... :309 SECTION 3 1....... .. .. .... . . . ........... .. . ........ . ...ion by the people ....... ....508 508 509 SECTION 2 L Amendments propo!:!ed by the people th rough in itiative. ....... ..... ... 2.. .... ... . 512 ARTICLE XVIII ... . .:....... ... . . ...... . .. . .. .............

. 517 SECTION 9 J....... .... 515 SECTION 6 1... Hevrt:·sentatives.ion .. ......................................... and locul of'l'iciais first ele('tc d ........ Transitory legislative power of President....................... ........ 517 SECTION 8 1.. ...... ..... .............................. Sub-provinces to continue to exi~t Hnd operate..........t el{⠢ction under the Con............. Fir:............. 514 SECTlON 3 1..J<:CTION 2 1..................... 517 SECTION 7 1. S...Senator~......titut..... 513 Term of office of ........................... remain valid until amended. ............. Appointment of nominee::...........................\ng law!'..... All exist.......................... ........... ............................. and Vice-President extended....SJ<-:CTIO!"'J 1 1....... .............. l"t~pealed or revoked............... to sectoral seats ............ .. ........ .... ................ ....................................................................... 514 SECTION 4 L Renewal vr extension of exi~ting treaties or international agreen1cntil ....... Metropolitan Authority may be eon:-:tituh:d ......................... ..... ete ........ ............ 515 SECTiON 5 L Six-year term for incumbeilt President....................

.................................lry to continue in office.... ... ln(... 519 SECTION 12 1............................ 518 SECTION ll 1........ Existing courts to <:ontinur.... xliii 519 ........tematic p!an to expedite re~olution of pending cases in coLtrt s ................................umbent members of the judicil. Adoption of a sy~................................ .......518 SECTION 10 1.

...... 520 ! SECTION 16 1...e employnt!~ 521 S ECTION 17 l.... . .... ... ... . ... . . ......... . Incumbent members of the Constitutional Commi................ .................... .c uf maxim\HO period C l'CIHlering or j u d icial decision ... 5:l0 SECTION 15 l.. ....... ... .. ........ .... .. Lega l effect of lap. ... 519 S ECTION 14 1... ../ ttnd career (Jfficc!'s .. .. ........ ..... ~.. ..............SECTION 13 1.ion lapsel! after ratif icat-i on of C(tnstitution ... ............... .. ......::~ions to continue in office... .ional officers. .... ... of separated civil ...... .. .........ut..................... ..... Incr ease of salary scales of olht!r offi cials an d employee:< . . 521 S ECTION HI 1....... Wl1erc applicable period for rendition of judicial deci:.... SECTlON 19 51:2 ................. ...... ~·/ / Right.crvir.... An nual sa larie~ of con stit.... .............

.... . Jtl!v ... ....... ......... . ........ CTlON 22 1. et<:. SECTION 21 1...... ... .. ......... ...hc1·cwith .... SECTIO~ ...... ......... .... . S:f~CTION 524 24 524 l.... . .............ion .............. . Private armies and other armed groups t. rec:tlt'd::< ... ..... Reversion to State of illegally ucq Llin~d p1 1b!ic lands and rea_l rights cunne cted t.. . ....... 523 SECTION 23 1.. Expropriation of idh! or aba ndotH1d la nds ..o be d isman tled ....................... ...... .. ......l.. Compliance hy adYertising compa nies with min im um Filipino ownership requireme nt ... ............. .... . ..... Full im plementation of free puhlic seconda 1·y educai....)22 20 522 1..... ......... . ........ .. ..... ...... Disposition of p roperties.. 523 SJ-............

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

.

the term is equivalent to "nation" or "country. tRode:. 1954 ed.e whic h comprise the Unitc.The entire body ⠢)f doctrines relating to the !Tht! word ''state" should not be wnfu.. McGraw-Hill. . public law." for E-!Xcllnple. has. Its curriculum is almost certa in to include courses in political theory. which are state!i in the polit. therefore.. And er!i>on. --. 4. 196 7 ed . political p. and public administration as well as in various monl specialized subjects. Political science is a very <:omprehen~ive field. com parative political institutions. Introduction to Political Science. public finance. Reduced to its simplest terms. Philippines. and with the 1·elations of the state to other states. pp. 1t deals with those relatiom> among men and g roups which are subject to control by the state. p. elections. with the relations of men and g roups to the state itself..:i d) Political theory. Gr~at Britain. etc. THE STUDY OF POLITICAL SCIENCE Meaning of political science.) 2 Schmandt and Steinbirker .ed with t.INTRODUCTION A. as its formal object. As used above. (2} It is primarily com:erned with the association of human beings into a "body politic. organi zation and activities . political science is the systematic study of the stat~:!! and government. 1 .. a basic knowledge and underst anding of the state and of the principles and ideals which underlie 1t::." or a politl<:al community (one o1·ganized under government and law}. 2 Scope of political science. The Br uce Publishing Co.. or what today would be the equivalent of sovereign state. international relation!> including diplomucy (o r international politicb} and intern~tional organizations.he states such as tho::. "Such as local ~ovcrnmcnt. lhc United States. J apan.t'andamentllls of Government. public opinion..it:al scientist's sense.d States." c 1) The scienc(~ of politics.. Inc. 17-18. "to know. (3) As such. th e word "science" comes from the Latin word :~eire. :rties. government. The word "political" is derived from the Greek word pol is.. meaning a city. and business. and Christo!.

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

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

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

l'acifk . p. and Christ. Its estimated 500 citizens. iManila fhtll~tin.663. with a 2.3 J Knowledge and understanding of' government. Eiements of state.This re fers to the mass of population living within the state.iNTRODUCTION B. China is the largest state in point of population placed at more than one billion..f Palau. with only 240 people holding citizensh. The modern state has four (4) essential elements. who his elected rep resentatives are.eeks to gath er and impart this knowledge and understanding. Introducti on to Political Science.Jan.300 miles northeast of A ustralia.Jitical Hci~mce and Gtw 't.us and StatisticR Offict!NCSO}.p. mainly clerics and some Swiss guards. The Republic c. 'fhe "good" . 16 composed mostly of Malays and Chinese.1bout aO mile~ !'Outh of th«l Equator and 1.government really operates. 'Rodec.. a world record. one of thi1 Micronesian islands about iOO kilo meters east of Mindan. 1. hut about 111 million tourists arrivin g t-ach yeur tn !:'1:'1:' the headquarters of the Roman Catholic Church ancl the home ufthe Pope. The latef't actual account. There is no requ irement as to the number of people that should compose a state. permanently occupying a definite portion of territory. Gamer. A stale is a c:ommunity of persons more or less numerous.000 in 2003. But it should be neither too small nor too latge: small enough to be well-governed and large eno ugh to be self-sufficingY Reputedly the smallest state in point of population is the Vatican. 1 ~ The Philippines is a state. 11 B. Without people there can be no fimctionarie8 to govern an<l no subjects to be governed. pp.o. the Vatican had a population ofjul't 492. CONCEPTS OF STATE AND GOVERNMENT Meaning of state. with Fiji on the Wes t and Samoa on the northeast. p. . what his rights and obligations are.000 in 1973.ol.735. . 'GIJ 'his is :1ccording to the data from the National Cen1. citizen who behavl :!s him1:wlf <md votes regularly is no longe1· enough. -·· Political science :. OfL i:it. a population of about. which is don e e-very five (5) years. The 1995 figun~ waH 1>8. p.000. and what they stand for. Anderson. pp. and enjoying freedom from extt~rnal c ontrol. 2004. what the results of such pol icies are likely to be. 14 The island Republic of Nauru15 has a total population of only about 9.616. 1 '~Scc Gar11er. Concept!:< of Slate and Government 5 1.. hRs a population of about 15.536 with a growth rab of 2 a2'iL 1 1 ~See . ha!'.Locatcd in the south west. what i nterests and forces are behind particular policies.:H>'1i annual growth rate. 100. note 1.000.. The island k ingdom of Tonga located in the western South Pacific Ocean. in 20<)0 was 76. 74. are ruled by the Pope.. "In 2003. The Philippines is now estimated to have a population of about 82.498. It may now he about 85 million. They are: (1) People. He mu~t know ho~' his . :~H-41. 17-1H. having a government of their own to which lhe g reat body of inhabitants render obedience. He must algo be th~ citizen who knows the answers.'⠢ 1. A-2.

Thus. PHILIPPl~E CONSTlTCTION the ~tat~ . The word is sometimes u~ e'a Ql to refer to the person or aggregate of th ose persons in whose ha nd::.J:e.ab. Now. ex.Zer _wl:lic!l th!:! jurisdiclion of sea wJ~~c_h.SD. It would flt in Rizal Park in Manila. the biggest st.awm .43 squa r e kilometer.. but also the'f!Y~'=§.m_e_. The former Sov i et Unjon 17 was t h e largest state in point of territory with its total la nd a rea of about 8. .ik~ "therein .ceto ltl) will fr om people within its j urisdiction and corolla rily1 t o have fre edom from fo reig n cont rol. hav ing a n a r ea of:~. ·.~Lt..r..i. .!Jg_l 0 H O ⠢ -· . two manifestations: . 1-'(3) Q.e ... maritiri1e.111and a_~g _ e!lfor<.-4 ·-The smallest s tate in point of territory is Vatican . fl uvial.ain area.the ~ ~~ <2) Territory.ourrnment. o f.599.e.6 TEX'l"SOOK 0~ THF.ate is Can ada.thl:o a~h which thc.~nd J.707 squar e miles or 299. -.It refers to th~~l:lcy__. This "body of men" is usually spoken of as "~drn. 776 square miles.ty. and C!eria l.£Qm.>quare kilometers.ut& upon itB coasts and the a ir space above it. located just outside the western boundary of Rome with a n area of on ly 1/() s quare mile or 0.852 .It indudes not only the~~>."~ ~er_ of the state> to. the domain of the state may be described as terrestrial.P 9. but a.J:. It has . a . " The ordinary citizens of a country a r e a par t of the state..~~~~-~~:~ carried_.. .£i.ch covers a sur face n early as l arge as E urope. 000 square miles whi.uisir.Yt:ill_Qf!.n... -. a r e pl aced for t he time being t he function of political control.. The Republic of Nau ru h as an area of about eight (8) square miles or 20 square kilometers . a nd ( 4) .681 :. therefore·. T h e Ph jlippines has a total land area of about 115.~~t.he ~d. .oQa.£_h e-':J._lt.. (a) _i_n f.The term m ay be defin ed as the _8!J-_2. .uerdg.nds. ./:r . .re not par t of the government.

ofinternationa l la\<. External sovereignty.r.9.hem~.L Republic ( USSR) broke up into several indepe ndent st ates.59 squa1·c k ilome t ers.Jectia. ~· There are severa l theories concerning the origir.i"Jim~.to ..or the pow«:!~. These in ternal and exter nal aspct:ts of so vereignty a rt' not a b:wlutely true in pr actice beca use of the de\'el upment of i nterna tion a l rel a tions a nd consequently. oft en referred t o as m. Refer ence h as been m a de by advocates of this theory to the laws which Mos es received at Mo unt Sinai. amlmg which are: ( 1) !)i t.I t holds tha t the s tate is of divine cre ati on a nd the ruler is ordained by God to govern t he people. .rjtl) r_y . / a nd · (b) ~nal or the fre e99.dvcs as t he Confederation of lodependent Siates tC IS ).t~.t~. .21 control by .oLt~u~ ~\~~th i q_J. 'AA square tn ile is eq u iva lt mt to 2.:.Ji!~e right theory. the Un ion of S oviet Sociali.thtir ~lj!tes·.depe.!!LQLt_he s tate to ~ a uy out its a cti viti es w.itho ~syJ. r eferring to t. of state::..n. ... 17 With the collapse of com munism. i::.· .

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

and va lue:.. progress and dev elopme nt will not be possible.. p. ⠢·-.0. the administra tion of justice..I\ Purpose and necessity o1 government.:a . it is bettP-r equipped to a dmi nister for the public welfa re than any priv a te i ndividual or group of individuals. ~~'\~ . The principal for ms a re the following: (] l A s to number of per:wn.Jvvi·"'J\ .. ·e lection or the nature or d uration of hi.~~ lh J A⠢·t\~fa_cy or _pt~e in which political power i s exercised by a fe w privil eged class which is known 11!-. .~ ·.~ . .lJf'~)JI'f'U. the preservation of the state fro m external d a nger. and 21 L imited monarchy or one in whkh the ruler rule1-:.~./.\IIt ~~n-j~ c.lcracy or .. r ule of law. 3 ------' 9 G >~r ner .rch:y or one in which the ruler rilles by divine r ight.· em?. ':.. (1) Advancement of the p ublic welfare. : 15. ...~ ~ "'\vl''\--. (:l ) Consequence of absence..Gover nm ent exi sts and should con ti nue to cx i!->t fo r th e benefi t. and a gen er al feeling of fea r and inse<. ~v ~~~: ~. ' "· :. as1o·ng as its esgential clements ar e present. and . remains the same. 1fs form may chan~e. an a ristocracy or oligarch y. 'vf' ·N . It is obvious that wi t hout an organized structure of government.P{te m w h IC h po1· . a nd the advancement of the physical."~' ':"' j.. Forms of government. a nd human di gnity can never be enjoye d. equality. 1 rnajOJ"i ty oi"the ·people. taken for gran ted in a free modern society such as truth. '' De mocratic governm ents are fu rther classifi ed in to: 1) J)irect or p ure de mocracy or one in which the will ofthe state is for mulat ed or expressed di~ectly and imm~diately through the ~\\ ~~\~\-<... The need for government is so a pparent that even the most primitive socie ties. . j ustice. Polit.. .ILIPPJNE CON STITlJTTON There was no Ph ilippin e state during those periods when we were under foreign domination .Government exista lo do these things which by t heir .. history shows. Monarchies a re fur ther classi· fted in to: · /_.<:.:\\'r:~-J-. but th e state._rv ~ . tel . ).s exerdsin g sovereign p ower!'~ : (a) lviJ/[q)chy or 9lle in which the supreme and fin al authority is in the hand s of a single person without r egard to the source of hi:.. D L~\) . ¥'-.. It is necessary for the protection of society and its members .. the security of persons and property .\~ "'' '· .f """ "" A government may change. I power 1s e xercise d b y a ttl<. social and cultural we ll-bei ng of t h o peo ple . '· Ir\l-. had some form of it.:ur ity will pn~ vail in society.!> t enure. a narchy and disorder..r··· olute mona.)}I'Jtlfl':-.A\. ~W. ~'\o\\\ SciCJ)Ce and Government.-1.~ .ic~ l . ..of the people governed.T EXTHOOK 0::--1 THE PH. freedom.. in accordantt! w!th a con stitution....Jery nature. economic.

· ·-~... each organ being supreme within its own._.n (3) As t o relationship between the executive and the legislative branches -.. . .L. j. people to act as their rep_~_esenta tiver-....ed out by the co nstitution as executive independence and pre.. upon the legislature the power to terminate the tenure of office of the real exe cutive. while the titular or nominal execu⠢ . ~~people in a⠢ mass meeting or primary assembly rather than through the med1um of dele gates or representatives chosen t1) act for thern... '\l⠢orv \~~~ . t. ⠢ . ( ) Parliamentary government or one in which the stat e confers f ·. ⠢ ⠢ ..cly sm.~v'~· ·are divided between two sets of organs. representative. 22 . one for national affairs and t -.: \-. 21 (2) "As to extent of powers exercised by the central or national government: (a) Unitary government or one in which the control of national and local affairs is exercised by the central or national government.. .~.oTp-ersons ch075en by the.'-. :. ⠢. (b) Federal governmertt or one in which the powers of government ... . .occupies a pMition of irrespon.s of Sl<ltt' <md Government. and furnishes him with sufficient powers t o p-revent the legi::... -· d·..sibility. the Cabinet or ministry is immedi~ 4>'..... The United States is a federal government..···'' ·of'\he vernment: ~ -:.i ·:f . Conct!pf. ~-"' "'~vther for local affairs.---..:--/.. and --' J "---'.._".A ~'tVv--1.. -:~ ~ cally responsible to the electorate._.a..clati:v. Under this system..the Chief of State.... ()..»phere.r. and (b) Presidential government or one in which the state makes the executjve consti tutionally independent of the legislature as regards his tenure and to a hu·g(! exl ent as regards his policies and acts..J..lature from trenching upon the sphere ma1·!>.~-. '.n c.a lland select body.rNTRODlJCTfON B._.--:.~ .. 20 and 2) Indirect. _ ately and legally responsible to the legislature and mediately or politi·~:. ". or n~publican democracy or one in which the ltillof the state is formulated and exp1·essed through the ag_encygf.rogativG.!l..~ ... u .ive ..t...-'t.. ·t~ .

On the basis of the above dassHications of government. legislative power with the Congress composed of a Senate and a Hou.sc of Representatives. and complexity of modern-day problems. and judicial power with the Supreme Court and the lower ~ourts. VI.ii form. Sec. but t-he quality of men and women whro serve in it. 21 Garner. note . Introduction to Political Science. :H!). it can be said that the P hilippine government is a representative democracy.. the effectiveness of a governmen t to promote the common good and achieve the development gnal!. . the constitutional provision on initiative and refer endum. executive power is vested in the President and the Cabinet.) Under our Ctmstitution. · ztS(<C Garner. pp. 32. 97-100. p.-' 1 ~ 0 It iii no longer phyFoically pos~ihle in nn_v country today because of incre ase of popula· tion.19. a unitary and presidential g overnment with separation of powers. for instance. It also embodies some aspects of pure democ racy such as. (see Art. of a nation is n ot it. what determine. 2 '1Fundamentally. expansion of territory.

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

(3) Government in th e Philippines unitary. he had execu tive. Thi~:. the Governor-General was assisted by many b oards and officers. Cebu was the first city to be established in 1565 in the Phi lippines.Mexico. and the towns into provinces. . when Mexico obta ined her independence from Spain. From 1 863. In 1837. he exercised certain rel igious powers.The government which Spain established in the Philippin es was centralized in structure and national in scope." As Governor-General. The first Spanish Governor-General in the Philippines was Miguel Lo pez de Legazpi (1565-1571) and the last was Ge n. however.From 1565 to 1821. Because of these broad powers. T he Government of the Phili ppines in Transition Government during the Spanish period. and judicial powers. was justi fied." and "vice-royal p atron. because of t he distance of t he P hili ppines from Spain . each headed by a governo r who represented the Governor General in the province. the legislative body of Spain. the Philippines was ruled directly fr om Spain. Diego de los Rios (1898). -The powers of the government were actually exercised by the Governor-General who r e sided in Manila. The council in Spain responsible for t he adminietration of the Philip pines was the Council of the Indies. Each of these cities had an ayuntamiento or c abildo (city council). (4 ) The Governor-General. administrative. He was "Governor-General. it was abolished and legislation f or the Philippines was temporarily performed by the Council of Ministers. A basic principle introduced by Spain to the Philippines was the union of the church and th e state. From 1821. it h <l~ been said that the Govern or General enjoyed more powers than the King of S pain himself. in 1571. -. 11) Spain's title to the Philippines. he was Commander-in-C hief of all the Arm ed Forces in the Philippines. and 1836-1837). p opula rly called capitan. Three times during the Spanish period (1810 -1813. t he Philippines was ce ded b y Spain to the U nit~d States. the Philippines was indir ectly governed by the King of Spain through . As the vice-royal patron." "Captain General. In th e administration of the Philippines. until it wa s terminated in 1898. 1820 -1823. legislative. (2) Spanish colonial government. the Ministry ofUltramar (colonies) exercised general powers of supervision over Philippine affairs. when by the Treaty of Paris.It was based on the discovery made by Fe rdinand MagQJlan in 1521.I~TRODl.:CTION 11 C. Th e second was Manila . The barangays were consol idated into towns (pueblos) each headed by agobernadorcillo (little governor). . As Captain-Gener al. Cities governed under sp ecial charters were also created . the Philippines was given representation i n the Spanish Cortes. consummated by its conquest by ~1iguel Lopez de L£gazpi f orty-five years later and long possession for almost four centuries. particularly the Board of Authorities and the Council of Adm inistration. to 1898. .

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

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

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

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

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

c. she swore to preserve and def end the "fundamental law" (not the "Constitution") and ex~cute "just laws" <inl: ltead of "its laws").1NTHODUCTIO:-.\quino HJ86-1992). The Gover-nm ent of th~ Philippines in Transition 17 modified parliamentary system of government. 2004 e lflct.. ovP. 1. Macapagal-Arroyo WH" . she read Proclamation No. Laurel ( 1943-1945j." waF: generally d~ ~cribed as dictatorial or auth oritarian .n February 2.) ~!Namely : o '1 'Se~ .The first is one constitut ed or founded in accordance with.rthrow on Fchruary 25. .'' deriving its existence and authority directly from the people t hemselves and not from the then operati ng 1973 Constitution. (l:t Reuolutionary. (If separnt. including President Marcos in his two (2) terms in the Third Republic.i<1l law on Sept. l F'rom 1898 to pre.l!trada.ent .">trada a. l957. :12. "Principlf. C'arlol5 P. J9HG by the so·callcd "people power n!volution.:.nuc~J :\. . -. while the oth er is not so constituted or fou nded but has the general support of the people a nd effective control ofthe territory over which it exercises its powers. \'1.1961J. and Ferdinand E.. San .q.·~cceeded b:. including Manuel Qu~zon 1\935-1944 ! and Sergio Osmei'ln : Hl-14-1946 1 who both served as Comm onwealth PrP. Arroyo wa~ elt>e ted (not rn-clecbH]) for a si x-year term in the May 10.1998). 1986 at Club !filipino.~ Presidant. 1 wherein she declared that she and her Vice-President were "taking power in the n ame a nd by the will of th e Fil ipino people" on the banis of the clear sovereign will of th e people expressed in the e lection of February 7.l957i. to S c(:. }{oxas (1946194 8). El pidio Quiriuo 11948·195:31.\1a.:ed to give up the l'residt~ncy. of mart. Macapagal C 3 "The last. 1. All in a ll .ru innlclo 0898-1901J.. we h ave 14 Presiden tr.sidcnt.J:J T he present Republic came in to being upon the ratification of the 1987 Constitu tion (.embcr 21.ay !l9fi:l. and Gloria Macapagai-Arroyo <20 01-presentJ. 1972 u ntil hi.J. l:{amon Mngs<ty. 1986. T here is a definite acknowledgment in Procl amation No. 1987. C..:H thus making him its first Pre::1i dent. follownd by Fidel V.ions after serving the L ast three! 3 1 year!': of the term of Presi den t F. ~mos (1992. Estrada (!998-200li. Marl'os ⠢ I9tif>-l 986. ls~e no te 2 to Art. Marcos. She . Dio.the President. Sec. 3 that the provil:lional government established t hel'ounder was revolutionary in character (without call ing itself as such) having been install ed by direct action of the people or by "people power. VI. In her oath. 32 of Art. par. 4. Garc i<1 (March l961-196Gl. s~~. (see Art. the existing constitution of the state (according to law ).. became. .Juan . A de fa cto go\'ernmcnt acquires a de jure status when it ga ins wid e acceptance from t he people a nd recognition from the community of nati ons.The government was revolutionary because it was institute d not in accordance with t he procedun? provided in an existi ng Constitution. '"With the ouster of President Marcos .elected \"ice-President in 1998.4-ye~r rule of President Marcos from t h e d~claration.e 2. there were nine Presidcnts 32 in the previous t hree r epubl ics.31 The Provisional Government of 1986. Emilio A~:. :. Metro Manila. the last day of a four-d ay "p eople pc>wer" revolt <Feb. VII. Co razon C. Section 1.Josf⠢ph r:. R. Jose P. !see not.ion (If powers" under At·ticln VI. 22-25) t hat culminated in the ouster of President Fe rdinand E. (2) De jure I de facto. l Prcsidt\nt. in 20 01 whe n the l11tter wn~ fcm. Aquino took her oath of office on the morning of February 25.darlo P. Before Corazon C.

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

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

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

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

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

Constit ution of thn Rep ublic of the Philippines 23 Purpose in interpreting the Constitution. 1934 by the Philippine Legislature of a bill calling a co nstitutional convention as provided for in the Independence Law. enacted by the United States Congress. otherwise known as t h e Philippine Independence Act. the steps which led to the draft ing and adoption of the 1935 Constitution of the Phil ippines are as foll ows: ( a ) Approval on March 24. and (e) Ratification on May 14. sought to be prevented or remedied. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES The 1935 Constitution. 1934 by President Franklin D.. (c) Approval on F ebruary 8."" E. 152 SCRA 284.S. (b) Approval on May 5. It is. therefore. Aside from other specific limitations and conditions laid down therein. were guided mainly by the explanations given by the framers on the meaning of its provisions .conditions. .046. if any. together with a certification that the said Constitution conformed w ith the provisions of t he Independence Law. 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. 49-50. however . the duty of the courts to constan tly keep in mind the objectives sought to be accomplished by its adoption and th e evils. 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 ap proved it or its amendments.Briefly stated.963 against. Roosevelt of the Constitution as submit ted to him. it enjoined that the constitution to be dt·afted sho uld be republican in form. (2) Limitations and . 1935).213. authorizing the Philippine Legislature to call a co nstitutional convention to draft a constitution for the Philippines.INTRODUCTION E. {d) Approval on March 23. pp. ⠢ssee 76 C. 53 It may be assumed that t he people. 193 5 of the Constitution by the Filipino electorate by a vote of 1. Roosevelt of the Tydings -McDuffie La w. .J. Commissioner of Internal Revenue. 1935 by Pres. in ratifying the Constitution. July 23. it contained.While the Tydings-McDuffie Law empowered the Filipinos to frame their own constitution . G ⠢Nitatan vs. with 44 . 1987. . should include a bill of rights. (1) Framing and ratification. provisions limit ing such authority.

of the three mentioned.725 women reporte dly vote d yes and 44.The 1985 Constitution of the Philippines did not contain original ideas of government. While the dominating influence was the Constitutio n of the United States. was the nearest approach to a written constit ution. (4) Scope.. It automatically became e ffective upon the reestablishment of the Commonwealth Government on February 27.. wh en 447 . 1902. 1946. Concerning women suffrage. 1945 (supra. -The Constitution as approved by the 1935 Constitutional Conve ntion was intended both for the Commonwealth and the Republic . (b) that a llowing the reeligibility of the President and the Vice· President fo r a second four-year t erm of office. 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. Sec. Article XV II (which later became Article XVIII after the Constitution was amended) declare s: "The government established by this Constitution shall be known as the Common wealth of the Philippines. . this issue was settled in a plebiscite held on April 30. The 1973 Constitution.. Wilham McKinley to the Second Philippine Commission on April 7.The 1935 Constitution had been amended thre e times. 1900. 1 916 which.a la\v which exte nded right of suffrage to women. 1937. V.24 TEXTBOOK ON THE PHILIPPINE CONSTITUTION and should contain certain proVJSlons intended to define the relations between t he Philippines and the United States during the commonwealth period and a fter t he establishment of the Philippine Republic. ( 1) Framing. Upon the final and complete withdrawa l of the sovere ignty of the United States a1:d the proclamation of Philippine Independence. 1 thereof. and the Jones Law of August 26. . (c) that creating a sepa rate Commi ssion on Elections. the N ational Assembly passed. (3) Sources.307 women voted no.) and the inauguration of the Republic of the Phili ppines on July 4.~ 1935 Constitut ion (Art.1stitution and the three organic laws that were enforced in the Phi lippines before the passage of the TydingsMcDuffie Law.The experience of more than three decades as a sovereign nation had revealed flaw s and inadequacies in the 1935 Constitution . namely: the I nstruction of Pres.). the Commonwealth of the Philippines sh a ll henceforth be known as the Republic of the Philippines. . parti cularly the Malolos Co. In compliaMe with 'th. Among the amendments are: (a ) that establishing a bicameral legislatur e. the Philippine Bill of July 1. Thus." (5) A mendments. other sources were al so consulted by the framers. The 1935 Constitution ceased to ope rate during the Japanese occupation from 1942 to 1944.

certifie d and proclaimed that . the barangays were to conduct a referendu m on n ational issues between January 10 a nd 15.Earlier on September 21.814 answered that there was no need for a plebiscite. the President of t he Philippines. 1973. 1970. 6132 was approved setting November 10. 1972 creating a Citi zens Assembly in each barrio in municipalities and in each dis trict in chartere d cities throughout the co~ntry. On the basis of the ab ove results purportedly showing that more th'an 95% of the members of the Barang ays (Citizens Assemblies) were in favor of the new Constitution and upon the all egedly "strong recommendation" of the Katipunan ng mga Barangay . 1970. 86-A. The 1935 Constitution . the following qn~stions were submitted before the Citizens' As semblies or Barangays: 1) "Do you approve of the New Constitution'?".INTRODUCTION E. On the question a s to whether or not the peopl e would still like a plebiscite to be called to ratify the new Constitution. (b) On August 2 4. passed Resolution of Both Houses No. and to afford ample opportunities for the citizenry to express their views on important matters of local or national conc ern.976. (2) Approval by Citizens Assemblies. authorizing the holding of a constitutional convention in 1971. 298.1972. through Proclamation No. 1967. 86 was issued on December 31.561 members of all the Barangays (Citizens' A ssemblies) voted for the adoption of the proposed Constitution. 1973 defining the role of barangays (formerl y Citizens' A ssemblies). with reference to the Malolos Constitution. Congress in joint session on March 16. the President of the Philippines issued Proclamation No.. Purs uant to Presidental Decree No. as against 743. 1973. 1973. Presiden tial Decree No. 4. (b) Under the same decree. 1102 issued on January 17. Subsequently. and 2) "Do you still" want a plebiscite to be called to ratify the new Constitution?" (3) Ratification by Presidential proclamation. Const itution of th e Republic of t ho Phili ppines 25 (a) Taking into account the "felt necessities of the times." Presidential Decree No. 1081 placing the entire country under martial law. 14. . 1969). 1102 on January 17.According to Proclamation No. . was made the basis for the draftin g of amendments to th e new Constitution. The convention starte d its work of rewriting the Constitution on June 1. Republic Act No." particularly the ne w and grave proble ms arising from an ever increasing population. The proposed Constitution was signed o n November 30. urgently press ing for solution.8 69 who voted for its r ejection. 14. 1971 . passec on June 17. as electi on day for 320 delegates to the Constitutional Convention. 2 (as amended by Resolution No. 86-A was issued on January 5. 1972. (a) "To broaden the base of citizens' par ticipation in the democra tic process.

Among the important amen dments are: (a) that making the then incumbent President. (1) Framing and ratification. Dilag vs. 1986 which promulgated the Provisional Constitution or "Freedom Constitution" following the install~tion of a revolutionary government "through a direct exerc ise of the power of the Filipino people. 1986 Proclamation No. with a prepo nderance of lawyersbecause of the withdrawal of an opposition appointee and non -accepts~ln cases involving the above proclamation.t·atified. Roxas v~:.The 1987 Constitution was drafted by a Constitut ional Commission created under Article V of Proclamation No. Executive Secretary. by a \⠢ote of six (6) to four ( 4). Executive Secrct. however. no rulint(that. regional. March 31.sed all the petitions filed . and (f) that providing for urban land reform and social housing pro· gram.the 1973 Constitution has been validly . and sectoral representatives who shall be appointed by the President.. 62 SCRA 270. but the votes were not enough to declare that the Constitution was not in force. to provide for the details of its operation and establish the procedure for the ratification or rejection of the proposed new Constitution. 1973. the "Law Governing the Constitutional Commission of 1986. 1973. . (d) that permitting n atural-horn citizens who have lost their citizenship to be transfe rees of private land. Executive Secretary. 9. because six (6) o ut often (10) justices held that there was no valid ratification. the Constitutional Commission "shall be composed of not more than fifty (50} national. 31. The 1987 Constitution. the Commission was composed only of forty-eight (48'! members. 1!1 al. (b) that granting concurrent law-making powers to the President which the latter exercised even after the lifting of martial law in 1 981. (e) that allowing the '"'gra nt" of lands of the public domain to qualified citizens.ary.26 TEXTBOOK ON THE PHIUPPINE CONSTITUTION the Constitution proposed by the 1971 Constitutional Convention had been ratifie d by the Filipino people and had thereby come into effect.3 issued on March 25 . It said that "this being the vote of the majority there is no further obstacle ⠢t-o th e new Constitution b~i11g considered in force and effect.. Tan vs. 6 SC RA 1048. . See also Aquino vs. Monteclaro vs.'' There was.55 (3) Amendments." Under the Proclamation. Executi\·e Secretary. Jan. 1975. dismi.." (a) Pursuant to Proclamation No.EC and National Treasurer. Jav ellana vs.fortytwo (42) men and six (6) women. the Supreme Court on March 3 1." "to organize the Constitutional Commiss ion. COME!. the regular Presi· dent a nd regular Prime Minister. In suhs~quent cases. the Suprem~o Court recognized the validity of the 1973 Constitution. (c) that establishing a modified parliamentary form of government. M elchor.. th e President promulgated on April 23. 3. -Th e 1973 Constitution had been amended on four occasions. for use by them as residence." As constituted.

The two Commi ssioners 5~ who dissented also signed "to express their dissent and to symbolize their four (4) months of participation in drawing up the new Con~titution.after which. (2) Merits and demerits o/' an appointive framing body.L. the Constitutional Commission was r:ut expens ive and time-consuming. 714 rcpreF<enti ng "no" votes (22. 5'This does not include the 1943 Constitution which wHs drafted and ratified hy a special National Convention of the Kapisanan sa Paglilingkod .615%i with 207 . r. ·-. t h ere were some merits or advantages in delegating thfl drawing up of the n ew cha rter to an appoi:1ted Constitutional Commission r ather than to an elected Const itut1onal Convention. Brocka. and time was of the essence i n view of the instability inherent in a revolutionary government a nd the need t o accelerate the restoration to full constitutional democracy.058.rl\·monuc·J 'lON E .. (b) The Constitutional Commission. 27 a nee by the Iglesia ni Krista of the President's offer to submit a nominee.~Lino 0. and plenary sessions. it presented to the President the original copies in English and Fil ipino. 1986 at the Batasang Pambansa Buildi ng in Diliman. which m arked the fourth exercise in the writing of a basic chartet in Philippine history since the Malolos Constitution at the turn of the century. Tadeo. culminating 133 days of work.~Jose E. conducted p ublic consultations in different parts of the country.059." the Commission in addit ion to committee discussions.sa Bagong Pilipi naf> (KALIRAPI> when the Philippines was under Japanese occupation from 1942-194 4 during Wnrld War II. on th e same day. St. and the 1973 Constitution as "working drafts. (c) The proposed new Cons titution was approved by the Constitutional Commission on the night of Sunday. Rosales. 1986. . It was ratified by the people in the plebiscite held on February 2. 18 Articles. .37?C of the t otal votes cusl) ~:~s agains t 5. Suarez and Jaime S.000 words .. by a vote of 44-2. A Commissioner 57 signed subsequently by affixing his thumbmark at his sickbed on Octooer 14. 321 Sections and about 2. as was our experience with the 1971 Constitutional Conve ntion and it was thus practical because the <:ountry could not then afford the c ost of electing delegates because oflack of funds. 1' 0 It superseded the Provisional Const itution which had abrogated the 1973 C harter. the 1935 Cons titution. Quezon City.730 llbste ntions. 1986 to sign the 109-page draft consisting of a preamble. 1 A' 17. 1987. 1 986 so that he actually voted in favor of the draft. Another Commissioner5·' had re signed earlier. (a) For one. Constitution of the RApublic of t he Phili ppine. With the Malolos Constitution of 1898.Admittedly." (d) The Constitutional Commission held its final sess ion in the morning of October 15. Luke's HospitaL Quezon City .11G convened on June 2. ~ 7 Decoroso R. public hearings.. O ctober 12.495 vot ed "yes" 176.

XTBOOK ON THE PHILIPPINE COt\STlTUTION (b) However. delegates.he Filipino ~ople or that the new Const. 6 ~ Basic principles underlying the new Constitution. therefore.Gt (3) N eed to cure defect i. 3. l.[!:Q!ll. Conversely.ttely necessary that the Constitution be initially drafted by duly elected members of a representative constituent a ssem bly or convention a nd later on approved by the people in a plebiscite. 6. like the ones Wtl have hnd in 1935 a nd 1971 . The theory is posited that having it ame nded by electe d delega tes and having constitutional amendments ratified under the d emocratic government. 62See "Though ts: RP Cons ti tution. essential to a proper u nderstanding of our organic law. Manila Bulletin .). 5.28 n. Feb. may not a l way~ be re flecti ve of the senti men ts or dAs ires of the majori ty of the people who e l ected it:. The writing of a Constitution as the highest expreHsion of t he peopl c'!ol "ideals and aspirations" to serve the country for generation s to come is a political exercise of transcendenta l importance in a republican democracy a n d.t. A knowledge of t hese principl es is . 1989. ( 4) Supremacy of civilian authority over the military 1 see Ibi d.itution fails to ex:press the ir will as to wha t the supreme law ought t o be. 1. of nomi netl s does n(⠢t nece. was not representative of the sover eign will of t. ~'The fact. (3) Renunciation of war as an i nstrument of national policy «see Ibid.). howcver. we will have now cured any defect in its formul a tion and ratificati on.n the Constitution. therefore. Some see the need to Rtraighten out the p resent Constitution which was drafted by n onelective commissioners a nd ratified under the authority of a revolutionary gove rnment. p.-that thtl memhort. only those directly e lected an d em powered by the people must be entr us ted with the task to discharge this grave and solemn responsibility.: Presliten.1.saarily establish that it. II. Sec. Sec. of the Constitutiona l Comm is:oion were s elected a nd app ointed by th e.). (5) Separation of church and S tate <see Ibid .. the strongest a nd most fundamental a rgument propounded against th is rnGthod is that an a ppointive body is sus ceptible to the charge of lack of independence a~d the suspicion ofprcssure and even manipula tion by th ~ appoint ing power..a-lis t. The 1987 Constitution is founded upon certain fundamental principles of governme nt which have become part and parcel of our cherished democratic heritage as a p eople.. Sec . it is absoh. Sec. Among these principles as contained in the new Constitution nre the fo llowing: (1) Recognition of the aid of Almighty God (see Preamble. .. a constitutional c onvention.To havo a truly democratic and constitutional government. 7.. 2 . (2) Sovereignty of the people C see Art. ." hy former President Diosdado Macapagal .

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

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

therefore.It is basic that laws must be obeyed by all and applied to everyone . Constitution of the Republic of the Philippines 31 without law. (3) Observance of the law. and for the Department of Education to implement programs and activities in the observance thereof.." Without it.oOo67P roclamation No. (see Preamble. individuals .ithout fear or fav or. from the highest to the lowest. All officers of the government. · The principle thus protects most especially the liberties of the weak and underp rivileged.rich or poor. are creatures of the law and are. fails to govern. 2004) declares September of ~. (4) Significance of the principle.The same is true of private individuals in the com munity. 713 (Se. there is only anarchy. orderly. They are also bound to respect the sovereignty of the law. ) Every citizen has thus a stake in the rule of laW0 7 as contrasted to the "rule of men. The observance of the supremacy of the rule of law by officials. 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. and the people as a whole is what will sustain our democracy and assure the ex istence of a truly free .:>t.w. and equitable society. lowly or powerful . 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. . in effect. bound to obey it.~ve ry year a s "Rule of Law" month. .INTRODUCTION E. or a mere semblance of order under a dictatorship . -. A government that fa ils to enforce the law. 22.

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

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

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

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

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

19. II. Constitution except for some alt erations 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 exist ing at the time of the adoption of the 1935 Constitution). Sec. Rec.} and the pursuit of our foreign policy." (4) The word independence in the 19~~5 text of the Pr~amble (which was almost an exact reproduction of the Pn~amble of the U.quality were inserted in the 197:{ Constitution in vie w of the turbulence. It is restored to str ess our being an independent nation.. and it is long E.37 Incidentally. for no nation. (lbid. no matter how pro gressive and prosperous. and the waves of p1·otest against "basic economic and social i nequalities" then prevailing in the country at the time of the framing of the sa me.) (5) The words peace and P.S." it is imperative that emphasis . "free to build and chart our own destiny." Of course. The constitutional g oal is self-reliance and freedom from foreign control and intervention in the de velopment of our national economy (see Art. While the idea which "equality" signifies is already embodied in the term "de mocracy.fter 1946 when the Philippines had become legally independent. Each natio n is to a certain degree depEmdcnt upon others. ThE-se conditions continued to exist up to the last days of the Marcos regim e. can be completely self-sufficient. 7.should continue to be made in the new Charter of the egalitarian objedives of our society. the new Constitution is the only one in the world to enshrine "lov e" in its text which can also be read as ''human fraternity'' or "brotherhood. i n our own time and in our own way. -oOo- . there is no nation in the wcrld that is truly independent.

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

The term archipelago is derived from the Greek word pelagos meaning "sea. lies off the southeast coast of Asia.S.107 i~lands cover an area of about 300.440 square kilometet·s stretching in discontinuo us coastli(1e of 1. fluvial a nd aerial domains including the territorial sea. whether he is inside or outside the country . etc. the seabed. "See Glossary of Oceanographic Terms (1960}.. often synonymous with island groups. although foreign sovereigns and diplomatic envoys are entitled to exempt ion from local civil and criminal jurisdiction. the Philippines is compo~ed of three main parts: Luzon i n the ~orth. 7 In other words. is subject to the personal JUrisdiction of the Philippines. -NATIONAL TERRITORY 39 International law recognizes the supreme authority of every state within its ter ritory. however. 2 (3) Acquisition of other terri tories. r. Visayas in the center. the in sular shelves. The Philippine archipela go referred to in Article I are those mentioned in Article I of the 1935 Constit ution. the definition of our national territory in our Constitutio n does not prevent the Philippines from acquiring other territories in the futur e through any of the means (e. ~The Philippi rws. and other submarine areas thereof. from north to south. exchange. 4 (2) All other territories over whic h the Philippines has sovereignty or jurisdiction.) sanctioned by intern ational law. ·-Incidentally. the subsoil. such as sea." It ha s been defined as a sea or part of a sea studded with islands.. 1.g. Its estimated 7. U. he can be ma de subject to Philippine income tax. ( Sec. it includes both sea and islands which geogra phically may be considered as an independent whole. and Mindanao in the south. one oft he largellt arch ipelagos in the world. Other territories over which the Philippines has sovereignty or jurisdiction. . 1 ART. it comprises: (1) The Philippine archipelago 3 with al l the islands and waters embraced therein.) Meaning of archipelago. l National Territory of the Philippines. Naval Oceano~raphic Office. 6 or as a large group of islands in an ~xtensive body of wat er. Nearest to it are M alaYsia and Indonesia on the south and Taiwan on the north. 'Geographically.Actual exercise of sovereignty is not essential to the acquisition or retention of sovereignty rights over a territory.850 kilometer.Sec.:itizen. purchase. :see Meritt Students Encyclopedia (1960). (I) The phrase "all the other territories belonging to the Philippines by 2 Every Filipino i. I. and (4) The internal waters. As provided in Article I. Thus.5 ⠢ (3) The terrestrial.

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

SE>c. 1 ART. I . - NATlONAL TERR[TORY 41 (3) The subsoil. -This refers to everything beneath the surface soil and the sea bed, including mineral and natura] resources; (4) Insular shelves (or continental shelves).- They are the submerged portions o f a continent or offshore island, which slope gently seaward from the low waterl ine to a point where a substantial break in grade occurs, at which point the bot tom slopes seaward at a considerable increase in slope until the great ocean dep ths are reached; and (5) Other submarine areas. -They refer to all areas under t he territorial 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 su bmarine areas are necessarily co-extensive with the territorial sea. The Philipp ines 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 in to: (1) Inland or internal waters. -They are the parts of the sea within the land te rritory. They are considered in tht same light as rivers, canals, and lakes with in the land territory of a state. They are sometimes called national waters; (2) Territorial sea. (~pra.)- It is the belt of water outside and parallel to th e coastline or to the outer limits of the inland or internal waters; and (3) High or open seas. territorial sea. They are waters that lie seaward of the Jurisdiction over navigable waters. The inland or internal waters and the territorial sea together comprise what is generally known as the·-~erritorial ·waters of a state. Over these waters, a state exe rcises sovereignty to the same extent as its land territory but foreign vessels have the right of innocent passage through the territorial sea. On the other han d, 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 econo mic zone (Eii:Zl of the Philippines extending to a distance of 200 nautical mile s beyond and from the baselines from which the territorial sea is measured; exce pt that where the limits overlap the economic zone of an adjacent or neighboring state, common boundaries !\hall be determined by agreement with the state conce rned, or in accordance with generally r<lcognized principle~ of international la w 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 t hat the Philippines is an archipelago (a state composed of a number of islands) and bolster the archipelagic concept (or archipelago doctrine) which the Philipp ines, together with Indonesia and other archipelago states, had espoused in inte rnational 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, betwee n;-·8."nd connecting the islands of the a r chipelago, irrespective of their breadt h and dimensions. form part of the interna 1 waters ofthe state, J.i.u biect _iq __iJ~.J~.~-c;llJ.s.i 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 interests at all. (l ) In the International Convention on the Law of the Sea held in Geneva in 195 8, the Philippine position was exrlained 12 as follows: "To apply the three-mile rule to the Philippines, with every island having its o wn territorial sea, would have a fatal effect upon the territorial integrity of the Philippines. It would mean the dismemberment of t he archipelago with the Si buyan sea separating ti,e Visayas, and the Mindanao Strait and the Sulu isolatin g Palawan from the rest of the archipelago. These and other areas of waters woul d cease to be Philippine waters; they wou ld 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 wa ters and stay there with perfect legal right to do so. At the same time, we woul d lose a large part of our territory on both sides of the archipelago, towards t he China Sea and the Pacific Ocean." As long as the Philippine Constitution stan ds, as long as the Philippines continues as one united country, a nd as long as the Philippines contitutes one nation, the three-mile limit can neyer be accepta ble to us." (2) In a statement before the Sub-Committee II of the Committee on P eaceful Uses of the Seabed and the Ocean Floor Beyond the Limits of National Jur isdiction at Geneva on August 16, 1971, the Solicitor GeneraP 3 12 13 By the late Senator Arturo M. Tolentino. E stelito P. Mendoza.

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

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

_fSec. 1 ART. IT. - DECLARATION OF PRI::-.l'ClPLES AND STATE POLICIES Pri!lciples .,~~ y -s t5) The observance of the pr inciple of separation of powers and the ; system of ch ecks and balances (see Art. VI, Sec. 1.); _;;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 co nsent. (Art. XVI, Sec. 3.) ~ 16) Sovereignty of the people. Sovereignty 1mplies the supreme authority to govern. As the State in whom sovere ignty resides, the Filipino people have th e right to con stitute their own gove rnment, to change it , and t o define its j urisdiction and powers. (1) Exercise d indirectly through public officials. - But the people do not govern themselves directly. Sovereignty (i.e., making laws, en forcing t he same, and deciding ca ses involving life, liberty, and property) is exercised through duly elected and appointed public officials who, as public servants, a re accountable to t he pe ople. (Art. XI , Sec. 1.) Their a ct s, if within the scope of their delegated p owers, a r e, in effect, the acts of the P~P~I (2) Exercised directly through su ffrage. - Actual sovereignty is exercised by t h e people through the electoral process. 1 The popular will is best expressed when electoral processes are free , clean a nd honest, on the basi s of universal suffrage (i.e., not granted by s tatus or property) and thr0'.1gh secret vote. It is also imperative that the bro adest choice of representatives is available t o the people. Since we a re a r e presentative democracy, the free and true expression of the people's sovereignty is of ~:,rreat importan ce. ~ Right of the people to revolt. Section 1 above recognizes that the people, as t he ultimate judges of their des tiny, can r esort to revolution as a matter of right. A provision in the Cons ti tution expressly recognizing the people's right t6 r evolt against an oppr essiv e or tyrannical government is not necessary and proper. ( 1 ) Being an inherent right, it exists whether or not such right is embodied i n the Constitution and , regardless of t he Cons titution, a people will revolt if s ufficiently provoked by oppression or abuses. 'The will or consent of tho people is exp ressed by way of elect ion, plebiscite , initiative. referendum, and recall l,..ee Art . V, Sec. 1.) an d through publi r opinion which t hey exert on those who gvvc rn on their behalf, particularly t he elective officials. 2 Democracy cannot do witho ut elections which are the me ans by whi ch the people ll l'e able to boot out corrupt an d incompetent offoci ub. But because the proce11s is not perfect., election s st ill yield officials who are unworthy of the people's mandate.

46 TEXTBOOK ON ·rHE PHILIPPINE CONST ITUT ION Sec. 2 (2 ) A constitution in a democratic State enshrines the rule of law and, therefo re, any allusion to the right of violent or armed revolution (which connotes an act committed beyond the framework of the rule oflaw) would be inconsistent with the concept of a Constitution. (3) It would also not speak well of the politica l stability of the State, because such a provision connotes that there is a dist inct possibility that the time may come when the people have to revolt against t yranny. (4 ) In any case, in a democratic society where t he consent of the gove rned is rc-!gularly expressed through open debates and free elections , "prudenc e, indeed, will dictate that Governments long established should not be changed [through revolution1 for light and transient causes. ";i SEC. 2. The Philippines t·enounces 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 era tion, 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 a ll members to "refrain in thei r internationa l relations from the threat or use of force against the territori al integrity or political independence of any state. x x x." The declaration ref ers only to the renunciation by the Philippines of aggressive 'Var, not war in d efen8e of her national honor and integrity. Men and n ations cannot. waive in ad vance 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 a ll its memb ers, voting separately , may declare the existence of a state of war. Adoption of the generally accepted principles of international law as part of ou r law. This second portion of the declaration binds the Philippines to enforce or obser ve within its jurisdiction, generally accepted princi ples of international law, whether customary or by treaty provision, as part of the law of the land. Tnter nationallaw refers to the body of rules and principles which governs t he relnti ons of nations and their re5pecti\·e peoples in their intercourse with one another. (1 ) When inienwtional usage to be applied. - International usages or the custom s 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 AN D STATE POLICIER Pri nciples 47 An example of a principle established by international u sage is that fishing · boa ts belonging to an enemy a r 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 trea ty and a statute, the prior act is supe rseded by the later one in point of time . When a treaty is superseded by a subsequent statute of Congress, the treaty is repe aled or a brogated as part of the law of the land but it still subsists as an engagement of the Philippines , although it may n ot be enforceable by our c ourts. The other S t ate may only present its compla int to the political orga n s ( i .e., t he President and Congress) of our government. 2 ( 3 ) Constitution prevails over a treaty. - The phrase "law of the nation''.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 inter national law are incorporated into Philippine htw with the force of constitution al provisions.'} The change is 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 corolla ry to the foregoing portions of the above declara tion of principle. It s hows a positive attitude on the part of the Philippines toward the observance of the principles of the United Nations Ch arter and to un iversally accepted rules and principles of international law. In line with the o bjectives of the United Nations, the Philippines seeks only peace and friendship with her neighbors and a ll countries of the world , regardles s of race, cr el ?.d, ideology and political system, on the basis of mutual trus t , respect, a n d cooperation. It suppor ts the right of a ll nations, big and small, to equalit y, freedom, and justice in their relations with one another and the policy of no n-interference a nd peaceful settleme nt of international disputes and opposes t he use of force , or the threat of force, in the relations among nations. The Co nstitution does not imply. however, that the Phi lippines is duty bound to exten d diplom atic r ecognition to all nations. (see Sec. 7. ) SEC. 3. Civilian authority is, at all times, supreme over the milit ary. The Arm ed Forces ofthe Philippines is the protector of the people and the State. Its go al is to secure t h e sovereignty of the State and the integrity of the national t erritory. 'Tho Paquete Habana, 17fi U.S. 677. ~see 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 Sec. 3 Supremacy of civilian authority over the military. (1) Inherent in a republican system. - The idea of the supremacy of civilian aut hority, the highest of such authority being the President, over the military has always been recognized in our jurisdiction by implication from e xpress provisi ons of the 1935 Constitution and by practice. This deeply rooted pqlitical tradi tion is also inherent in a republican system of government. Nonetheless, the 197 1 Constitutional Convention and the 1986 Constitutional Commission have incl ude d t h e above provision as they felt the need for a clear expression in the Char ter concerning the supremacy of the civilian authority over the 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 a gainst military dictatorship. - A civilian, the President is the commander-i n-c hief of all armed force s of the Philippines (I bid.) -the army, the navy, the a ir force, the constabulary, and t he marines .1 As commander-in-chief, h e issue s orders to the armed forces. Even the a ppoint ment of their high-ranking offic ers is vested in the President wi th the consent of the Commission on Appointmen ts of Congress (Ibid., Sec. 16.) Along with Congress, the President determines t he military budget and defines the national policy on defense and security. This arrangement is considered an important safeguard against rise of military dicta torship. Armed Forces of the Philippines, protector of the people and the State. (1) Fearsome image acquired during martial rule. - Under a previous regime, part icularly during the early part of martial law, the Armed Forces of the Philippin es (AFP), 2 acquired a fearsome image. This was a contributory factor to the fai lure of the government to contain the growing insur gency problem. Rightly or wr ongly, it had been accused of having committed, abetted, or tolerated numerous v iolations of human rights both against r ebels and the civilian population. Amon g the cases reported are unexplained or forced disappearance, extrajudicial kill ings (salvaging), massacres, tortures, haml etting, and food blockades . th~ Many believed that the military organization was being used as an instrument to prop up the continued stay in office· of the then incumbent 1 The Philippine National Police (PNPj (Art. XVI, Sec. 6.l is under the Departme nt of Interior and Local Government which, in turn, is under the control of the President as administra tive head of the executive department. tArt. VII, Sec. 1 7.) 2 It was change1 hy the organization itself and was called for sometime as t he New Armed Forces of the Philippines ( NAFP) to shed ofT its former imag~ duri ng the martial law regime a nd indicate its new r(lle under the new dispensatio n.

Sec. 4 ART. II. - DECLARATION OF PRINCIPLES AND STATE POLICIES Principles 49 President who a t the time of his overthrow in a peaceful revolution on February 25, 1986 had held power for more than 20 years. This perception was st rengthen ed by the lion's share given to the defense establishment in the annual budgd an d 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 m atter of public knowledge. (2) Constitutional mandates. - The ConstitutiQn s eek s to change this state of affairs: (a) Through Section 3 above, it defines clear ly 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 Sta te to secure the sovereignty of the State and the integrity of the national terr itory. This means fighting all forces, internal or external; which seek to overt hrow the government, impair t he independence of the nation, or dismember any po rtion of its territory. (b l Through another provision (s ee Art. XVI , Sec. 5.) , t he Constitu tion insures professionalism in the armed forces and insulates i t from partisan politics. Furthermore, it directs th e State to "str engthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty." (3) Support of the people. Adherence to these constitutional mandates is essential if the AFP is to win "t he hearts and minds" of the people in the efforts to resolve the long-drawn insu rgency problem and fulfill its crucial task as an effective guardian of the nati on's safe ty against any threat to its existence, whether from within or from wi thout. 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. Th e Government may call upon the people to d efend the State and, in the fulfillme nt thereof, all citizens may be required, under conditions provided by law, to r ender 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 a ry set ting, when the country is beset by formidable social and economic problem/ all dellfanding pri9rity attention, par t icularly the problems of.lfiass pov~r~y andfinassive ¥employment, the above princ iple is most proper and timely . It is consistent with the most basic democratic tenet that the government exists for the people and not the people for the gove rnment. The State fulfills this prime duty by pursuing and implementing the Stat e 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 f1·om 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 a nd 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 re gulations adopted by the government for the defense of the State. The constituti onal 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 l eave the organization of an army to the will of the citizens would be to make th is duty excusable should there be no sufficient men who volunteer to enlist ther ein. 2 This principle is reinforced by the provision on the formation of a citiz en armed force. (see Art. XVI, Sec. 4.) (2) Compulsory. - Thus, the citizens may be compelled to render personal militar y, or civil service. Accordingly, the Supreme Court upheld in a case the validit y of the National Defense Act requiring compulsory 1 ~The Spanish republican government at least had no reason to insist on it:; or der of priority that the first responsibility of the government and the people i s to sh,Yulder arms to defend the State. At that time, war·making 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 h ad to ~tre!'\S the principle that it was the primary obligation of the governmen t, home and colonial, and the people in them. to defend the State and their colo nies 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 ci tizen to be a soldier is to make the building of a· larger armed forces as the gove rnment's overriding obligation. In that sense, it gives Ihl.' military a primord ial 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 constitution al principle. To justify their military regime!'\, Mr. Marcos and the military j untas in South America invoked the constitutional precept that tht~ first duty o f 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., 198f t) 2 Peoplt> vs. Lagman, 66 Phil. 13.

Sees. 5-6 ART. II. - DECLAHA'flO!\ OF PRINCJPLBS AND STATE POLICIES Pri ncipl e~ 51 military Bervice. 3 Any citizen recruited for the army or civil ser vice pursuan t 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 1·emoves all dm1bt as t o the validity of such law. (3) Meaning of ciuil service. - The term, as used ab ove, refers to any service for the defense of the State other than as soldiers, like as workers in munition factories. ~ 4 ) Personal. One cannot render the service required through another. 'l'he se rvice must be "per sonal." (5) By law . - The phra~e "under conditions provided by law" is intended to prev ent arbitr?.!'iness on the part of certain officials to require military or civi l service. 4 It seek s to emphasize the primordial responsibility of the Governm ent "to serve and protect the people'' even when they are called upon "to defend the State.'' · SEC. 5. The maintenan ce of peace and order, th e protection of life, liberty, a nd prope rty, a nd the promotion of the general welfare are essential for t h e enjoyment by all the people of the blessings of democ racy. 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 a nd property (see Art. fii , S ec. 1.), and the promotion of the genera l welfa re or the common good. Only whe n peace and order, security, and a life of dignity (see Sec. 11.) are establishe d and maintained, will political stabih ty and economic prosperity become attain able and t he people t ruly enjoy t h e "blessings of independence and democracy ." (see Preamble. ) SEC. s:The separation of Church and State shall be inviolable. '1C. A. 1\Jo. 1. Decree No. 170() !Aug. 8, 1980), otl)erwise known as uThc National Service Law,' ' provides for compu]t<;c>ry "national service" for all citizens of the Philippi nes which, a;; used ir, th e 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 program!~ or a combi nation thcrerof and t;uch senicc shall be 1.:redited in h is favor for the purpo se of fulfilling educational requirem<:nt!l established by law. The Deer~ amende d C.A. No. 1. In view of widespread protests which h ave been registered by vari ous sectorR, its implemen· tativn was suspended by Memorandum Order No. 11 of the P resident at all schoolleveis effective school .vear 1986-1987, except. the prov isions on military service. The Secretary of Education, Cult.urc a nd Sports ino w Sccretnry of Educationl is directed to review the law and submit r t>commendat ion,:;. Su bsequently, RA. No. 7077 (,Tunc 27, 19911, the ucitizcn Armed Forces of the Philippine:; Resen· ist Act,'' was enacted . R.A. No. 916:1 (::;ee note 1 to Sec. 13.1 ame nded Sections 2 and a of Presidential Dccr~o No. l 706 ;ind Secti ons :JH and 39 of R.A. No. 7077. 'Pre~ide ntial

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

ide III in the 1987 ConF;titntion as a s c'!Hlrat(â ¢ provil"inn.

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

2003. 7 (5) The la w punishes polygamy and bigamy. need not be deta ched or removed from the people it endeavor s to serv e. HI STATE POLICIES SEC. a r egiona l holiday in the Aut onomous Region in Muslim Mindanao <AR MMl for the observa nce of Eid ul A dha . 498 1Nov.o and dict ated by the la tter.) The President formulates our for eign policy principa lly with the help of the Department of Foreign Affairs. 11 'ln a speech before the Manila Rota rians on July 24 . 132-1 33. and certain crimes against religious wors hip are considered crimes against the fundament al laws of the State.54 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. see Aglipa~· Y." 1 Philippine foreign policy h as al l too often been perceiYed w h ave little or no bearing at a ll to the ordina ry l<'ilipino in his daily s truggle for exist ence. 64 Phil. Art~> . (1) An instrument of domestic policy. 20 1. (see Art. 22." Proclamation No. Let us keep them separat e hy all means hut let us not interpre t se paration as segregation.i> . No. R. Ruiz.I ts importance in the survival and progres s of a country cannot be over-emphasized.1 the nation. . 1979. It is a set of guidelines followed b y a government of a country in order to promote its nationa l interest through t he conduct of its relations with other countries. Jaime Cardinal Sin said: "The Church and tho State are two e ntities that play an importa nt role in our life. The State shall p ursue an independe nt foreign policy. separate but parallel like the two track s on the r ailroad lea ding to the same desti n < ⠢tion. Vll. Under our constitutional syste m. It. Foreign p olicy is the basic direction underlyi ng the conduct by a St ate of it s affairs uis-a -vis those of other States. They are not only mutually consis tent but complementary . dedares Novi:" mber 26. 7. 9177 tNov. Sec. the end of Ramadhan. a national ho lida y for the observ ance of E idul Fitr. a nd the right to self-determination. "See Revised Penal Code. and the lOth day of Zhul Hijja . 2002) declares th e first day of sha l(·u·al. th e 12th month of Islamic calendar. . national interest. as n s pecial non-workin g day throughout th e cou ntry f F east of Ra madhan}. t he 10th month of th e Islamic calendar. th ese two great entities could work together in harmony to serve the welfare of the people. In its relations with other states the p aramount consideration shall b e national sovereigntyJ territorial integrity. t he former b eing related t. Let us beli eve th<tt th ey can work hand in ha nd. Congress shares with the President the responsibility of formulating the coun try's foreign policy alt hough the conduct lhereofis primarily r eposed in the e xecutive depart ment. 13. 26.A. 2003. Thus. Foreign policy of the Philippines. It is the sole weapon of a State fo r the promotion of national interest in internati ona l affairs. 9 Wit h in the limits prescribed by the principl e of separation of Church and State. fore ign po licy is but a r eflection and a n ins trument of domes tic policy.

'>ts and ultima tely. against tr:rrorist':l. a nd ta p o>our. ~ An independent foreign po~il.I allies or being isolated fro"Ql the international community.~et·v. why we h a ve to by the basis for a la1. H. The p<⠢ople will then undl!rsta nd and a pprcciatP. and enhance our na tional intcrc.:es for welopme nt assistance. An informed citizenry wi ll t hus r ea l iz~ w hy fc⠢rei gn poli<'y and diplo macy have to be invol ved in the w11r against the proliftlr a t ion of n u clear ~tnd other wea pons C)f mass des tructior.1 :ction of onr m illions of overscaft work er s .erious effect on the country's relations with other countries of a foreign p oli cy that revolves only on our r elations with s elect members of the interna tional community. nd fa~t on our fa ir trad e commit ments. The framing of a fo reign policy is shaped by how interests n rc idcntifi~~·J and det ermined a t a ny given moment.Param oun t considerat ion. promo te irwe:>tments and tour. foreign p o licy n ocds t o ad va11ce t h e cv u~t t.. The national inte:·est will not be served by trying to deal with regional and int ernational issues in absolute terms.\use of our ch a nging.ry's in t ere. religio n .eres t!:l h ave.. the F ilipino poople.The Constit ut ion r ecognizes t hat in the pursuit of an independent f oreign policy in an interdependent world. and smOJggler~.wncerns and partly het"ause th e world hii. Being a small developing nation. new realities and new situations may r equire the Philippines to m ake a reapprail'lal of the conduct of its foreign re lation s . why we need a regional co unter-terrorism a grt>ement.ed s uh~. It is not one that completely rejects advice or assistance from without.a nd above a ll.1:1fP.iloJl to conflicting c!aims in th e South Chinil s~a. we pursue a foreign policy that will pte.⠢hihit. Neither does it mean aband oning traditiona.The Constitution mandates the St ate to pursue an independent foreign policy.tanee. ben efit.vnriel11n ~co p~ and magn itude thro ugh the ycn rs bN:i. human t r a ffi ckers.:!d to l\lt official rl< cn~..~ (!C. . ·ideology and social sys te m and to promote as much beneficial relations with them particularl y in economie and trade activities. To be of t r u ly of scrvi c~ to t... . I n a nutshell. Indt~pendence in the making and conduct of foreign policy is relative . we must make no enemy if we < . 7 ART. why we strengt hen bilatera l rc~l a ti ons in order t o open wor ld mark ets for Ph ilipp ine products.. a nd other tran':lnationa l <~rime. .-. why we do T lea ve a stone untu m . (3} . To be realistic. a foreign policy must have a global outlook in view of the delf :'t. aware of the unwelcome conseque nce s of a poli cy characterized by excessive dependence on a nother country .y.. again1<t M\r\: (otic~ and ot..ting solut.. against child lahor and wonw n exploit11tion.ty and prot. why w e s to. continued to sh rink int o a n infinitely com plex web of interdepen dence «nct in terc<mn ecti vit.b e Filipino.. Philippine int.s. ure the .her pr. In general.DI~C LARATIO:-\ OF PRf~ C il'LES AND STATE POLICIES St ate I'olicie~ 55 (2) Pursuit of an independent foreign policy. our basic f01·eign policy objective is to establish friendly relations with all coun tries of the world regardless of race.ts and protl:'ct a nd promote the right!'< and welfare flf l'\'er .')' simply means one that is not subordinate or subjec t t o nor dependent upon the support of another governmt'nt...sm .:an make a friend. Ours must be a policy of flcxibili ty a nd pragmatis m guided only by the welfare of our people a nd the security of our Re public.

on many international issu os. Albert.ru ct th e economy r avaf::cd by World Wa r II for wh ich the Ph il i ppi ne ~ needed foreign aid rea di ly a vailab l e from t h o U.he foreign pCJlicy of t h e count ry was l o a lign itself with the U. pp.y citizen.1 ~ By way of illust ration. by Delia D. . 8. (soc A l-'<. t. 2004.S . As a r c!lult. .'> to r econs t.ign Affairs.S. the domestic policy of our count ry a fte r becomi ng independent in 1946 wa.June 10. 26 . St>rretary of ForP.1 reign Policy in the Servic<' of the Filipino. P a norama.

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

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

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

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

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

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

Cwrdinat ing Cou nt'il of Pri"ate Ed ucational Associations (COCOPEAl and other concerned gowmlm('n t ag~ncies.ign and implement $uCh other pro gram components as may be ncce~. 9163..t'ASUC â ¢.A N o. may de.:.ary in co nsonance with the provif'ions ofR. .

Filipino women have been involving the mselves in worthy causes and activities of national concerns. in the professions. 10. talented. in education. N o. aged 18 to 40. Aqu ino.organization of Young Filipinos "strivin g to build a better nati on and to develop bette r citizens. it is only right that their voice be heard on matters a ffecting their ' The Local Govem ment Codo t R. It can s afely be said that the Philippi nes is well a he ad of many other cou ntries of the world in terms of leaders hip roles of Filipino women both at home and abroad. · declares Dece m ber 7· 11 of every year a>< "Youth Week" to highlight the critiC'al r ole the youth pla ys in nationbuilding. Proclamatio n No. 1 i ." s ince Octo ber 15.62 T EXTBOOK ON THE PHILIPPI NE CONSTITUTION Sec. they are our future -th e nation's futu re in fact. past and present. and shall e n sure the fundamental equality before the law of women and m en. Our children a re our hope. war.A.nsion of H'omen's role.Filipino women.t week of Fe brua ry of ever y year as "Nat ional TOYM Week. have proven their capabilities in all fields of human endeavor. Chap. The TOYM F oundation m a de up of TOYM aw!\rdees seek to promote the ideals of leade rship. They fought with courage and dedication in t he struggle for Philippine freedom against a colonial master and. Many Filipinos sta nd out a mong the women of the world as being es pecially educate d.. in the arts. And Filipino heroines who figu red prominently in gaining our independence are not fe>v. Today. 2003) decla res the la. Sec. 521 {Dec. and in public service . They cor:stitutt> more than one-hal f of the population . integrity." ' Th~ Outstanding Young ~len~ ⠢ TOY ~t ⠢ Awards which has been instituted by the Junior Chamb~r of the Philippines \Jayc ees'· a voluntary.J SEC. character and servic~ to the n ation. 14 of th~ir elders in the high councils of the n ation. (2) Expa. Role of women in nation·building. In the recent past. they were in the forefront ofmoveme:1ts for the restor ation of democratic processes in our land against a discredited regime which t'i nally culminated in its overthrow. in the battles for liberation against a forei gn inv ader. and liberated. The State recognizes the rol~ of women in nationbuilding. in civic work. 14. excellence." has no t only be come one of th e cou ntry's mos t coveted a wards for yo ung men. 2001prcsen t .in private busin ess. 1 They help shape a better fut ure for all Filipinos . The Constitution gives recognition to the role Filipino women have played and co ntinue to play as partners in the task of n ation-building. bu t a lso an inlititution recognizing e xcellence in our young Filipinos." ' Presid!H> t Corazun C. 439. ( 1) Proven capabilities of Filipino women.even in positions of international leadership such as in the United N ations and other international organizations. . They have a greater role in society today. They have always b een ready to heed the country's call to service with two of them having steered the nation's ship of state. Hl59. a powerful political and economic force indeed in Philippine society. . 1986-1992 and P resident Gloria Macapagal·Arroyo. during the last. By sheer force of number a lone. 7160.

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

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

r. global ~-t>operation and efforts are needed to help so lve the growing hazards to the habitability of our planet for all life forms.~ For this reason.from '2(imillion hecta.. Yakal.t.. Effective implementation of our count. 16 /' ART. and Kamagongl.ry's marine areas harbor some 3. social.o expands the air to hold more water.} Let us help foster p ublic awareness about the urgent need to preserve our environment and our countr y as the ⠢Pearl of rhe Orient Seas!' 3 Sevm·al factor:.·. the earth and ex posing coastal areas to tidal waves wilh the melting of the polar ice.500 fish species (esp~..tation. Environment l'xpert. It is not hard to forsee the kind of political instahilitv and . proper waste disposal. These include the build-up of carbon dioxide and methane creating the ph enom~~non of the greenhouse effect (due to pollutants from increased combuEtion fossil fuP..nn for the latter iB simpl e: as the atmosphere warms..~ heat and prevents it from radiating hack into space. as bei ng in fair to poor condition. industrialization. altered rainfall and drought patterns (which disrupt food t-1u ppli~~).om~l 63 hectares of fore1. Our count.:. forest tires.:ia lly our world-famous Tuna. . Molave.ul'e P. produ ces more than 200.ona I disorder th at can result from climatic in!. June 17. it re~ ult:> in nuJre intcn!. and massive reforestation...t covers of our country harbor . howev('r. ⠢ All living creatures. t...DECLARATION OF PRINCIPLES AND STATE POLICIES State Policies 65 (3J Relation~hip h£>tween development and environment. when a normal storm occ\as.xtrem cs. can promote such re habilitation.. traps the sun·. Overpopulation in developing CO)untries has also affec ted the envirunme:n.50:l species of indigenous trees (sut:h as the world-famous Narr·a..erves to be called the "Pearl cf the Orient. Scient ists have documented an increase in unreasonable weather. One square kilometer of coral reef~. deforestation and burning forests) and the depletion of the ozone layer which pose the danger of warming up.ls. to human and animal life on it.h are some of the major factors that contribute to the degradation and destruction of our e nvironment and its million. environrnent can be rehab ilitated. if not overheating. 2004....-e.:. haYe been cited as re.ponsible for the growing threat to planet earth and." Urbaniz ation. it accelerates the evaporation of surfat(· "·at.s. 640 species of moss. recycling.. Every hour. our beloved Fhilipines de. Tanguigi). and many more flora and fauna.emperat...000 tons of fish and other marine products every year..096 square kilnmeters of roral reefs. a hu ndred years ago to 5A million hectares today.~orne 8.. The relea se of "greenhouse gase. Protection of the environment is a global issue and every n ation is duty·bound to prot~⠢:t !c. and <>cvere storms and downpours. H.l Sec.tability. (:\ianila Bulletin Bditorial. almost 7 0'/c· have been declared by th!:' Bureau of Fisheries and Aquatic Resource:.' . It al. n ment.120 species offloweting plants (including ~he rare Waling-Waling and Cattleya nrchidsl. The re<:a. Truly. and rapid population growt." primarily carbon dioxide from the burning of fossil fuels.s ar~l cleared. including those fo . The lore.. some 3. So.. In the face of drastic disruption~ of weather patte1·ns around the world. of pricelesg denizens.The ]essons drawn from ecol ogical studies in the United Nations show that politkal. are optimistic th at these conditions can be anested and our country':.e rainfalL Warning also accelerates the breeding rates of disease-carrying in~ects. Of the 44.. 240 species and sub-species of mammals. defore. the improvement of the quality of our envil'Onment shou ld occupy a higher place in the scheme of priorities of the goyemment.own. and economic gr owth and development are crucially dependent upon the state of the human envir·:.·y's various environmental law. therefore. Illegal logging and the kain gin system of farming have denuded our forests.

their habitats being destroy⠬d evm1 before tl:e y are old enough to reproduce. th(' sp'imng cof chunk~ off the Anta rctic ice sheet.such as El :\u'lo ar.d La Xiil. as seen in the shrinking glaciers. The planet is losing plant and animal spt'('ies a t a rate that has nor been seen for eons.und in the seas and oc-eans. .wide attention to the importance of sustaining the env ironment and enhancing the political actwn to protect its lite-supporting featur es. World Environment Day is observed on J une 5 of each year as one of the principal vehicles through which the United Nat ions stimulatt>!:' wol'lu. and the freak weathet· phenomenon . Fish are becoming harder to find. a. are feeling the change in climactic conditions and are trying to adjust hy moving or migratmg The Earth is reacting to the weather changes.

Under the principle of subsidiary adoi-'ted by the Cons titution in the a bove provision. arts. Controls breed corruptio n and d iscourage business. Self-reliant and independent national economy. Rote of the private sector in the economy. a nd effective F i lipino control of the economy. In r ecognition of the jndispens able role of th ~ private sector as the main en gine of economic development. Section J. Section 19 states the C)n.eussed in detail under Article XII (National Economy and P atrimony). 20. and promote total human liberation and develop ment. The State shall give priority to education. tht' S t a t e is · mandated to encourage private ent erprise and to provide incentives to needed investments. 17-20 SEC. whether local or foreig n. science and t echnology. culture and sports. The Constit ution does n'Jt fa vor an economy managed or controlled by the St ate. 19. topic is discussed under Article XIV with the above subj ects as title. accelerate socia l progress. the government should not engage in particular busi ness . This topic is di1. and provides incentives to needed investme nts. and sports to foster patriotism and n ationalism .. Thi::-.idered a poor manager . 17. They play favorites.stitutiona] guidelines in the development of o the eco nomy: economic s!:!lf-reliance. Ju~ti ctJ and Human SEC. The State affirms labor as a primary social economic force. Labor as a primary social economic force. SEC. The State shall d e velop a self-reliant and independ· ent national econom y effectively controlled by Filipinos. enc ourages private e nterprise. 18. science and technology. independent national economy.. Priority to education. Section 3.66 TEXTBOOK 0~ THE PH!LIPf>lNE CONSTITUTIOl" ::lcr . ar ts. SEC. culture.:. thus discouraging those not fav ored. It shall pr otect thE' rights of workers aud promote their welfare. Governme nt is often con. This topic is discussed under Article Xl ll 1 Social Rights). The State recognizes the indispe nsable role of the private sector.

Sections 1. (see Art. 1978). SEC. traditions. 2. 1971 Constitutional Convention Se~ Pre. 1. beliefs and interests of indigenous cultural minorities in the formulation and implementatio n of state policies and programs. or linguistic traditions or characteristics markedly differen t from the rest of the population. 10. 17. on National Integration Report :\o. Comprehensive rural development and agrarian reform. 6. About half of the members of these tri~al group. The State recognizes and promotes the 1·ights of indigenous cultural commu nities within the framework of national unity and development. This topic is discussed fully under Article XII (National Economy and Patrim ony). Sec. the above 'They c:onsist of about sixty-three (63) ethni~· or tnbal gToup. Zamb⠢langa. Rights of indigenous cultural communities. the term "indigenous cultural communities" refers t o those non-dominant groups 1 in our country which possess and wish to preserve ethnic. 16. XII. The State shall promote comprehensive rural development and agrarian re form. 22. Annex B-1. the State is bound to consider the customs. social. Thus. and 18. 2. This topic is discussed un der Article XIII (Social Justice and Human Rights). 21-22 ART.) The government was not established to engage in bu:)iness. 21. 14 14 (June 9.. Section l. lu:>lon. 1. The duty of the State is to make the economy a system fot f ree and private ente1·prise with the least government intenention in business affai rs.econom ic. 6.. -DECLARATION OF PRINCIPLES AND STATE POLICIES State Policies 67 activities which can be competently and efficiently undertaken by the private se ctor unless the latter is timid or does not want to enter into a specific indust ry or enterprise. . cultural.lirn group that dominates the provinces of Cotabato. It directs the State to promote their rights within the framework of national unity and develop ment. p . and Basilan. political. religious. As used in the Constitution. In a multi-ethnic society like ours.ide:mial Denee No.Sees. Lanao. II. 1972.: :v :hE' )lu... 2 Section 22 recognizes constitutionally the existence and the rights of the indigenous cultural communities. Feb. "Comprehensive rural development" covers all phases of rural development.. and even industrial. lii Saranggani inhabited by Samals.. ~uln. 2See Committe. SEC. Sections 4 to 8 and Article XII (National Economy and Patrimony). scattered through out the country from Batanes inhabited by lvatan tribe.

in line with the national polil:y to faci! it<I. 1997J. is as di vc. thi>rc are other l!thno-linguistic ~r. 807. It should r efrain f rom any actuation t hat would tend to interfere or subvert the rights of these o rganizations which in the words of the Constitution are community-based or secto ral organizations that promote the welfare of the nation . they ca n be active contributors to the political. 1he indigenous com m umti es a r~ pc>lirically 11nd economically marginalized.!i·.· r~t > a.H: the integration ⠢>f the members of indigenous cultural nH:llmunities and acc elerate. (J'res.. 1083. tht~ rights (particularly over their a nce.NE CONSTITUTION Sees..-. Uet:rees No. 837 1 !Oct. with the m'JSt po pu\ou~ being th e pe-opleR of the Cordillc:ra wh. the government may even enact laws especially for them taking into account their customs. for . 23..) Consistent a lso wi th the spirit of t he const itu t ional provision. and provides f or its itdministration among :.. 2'1. >~nv n at io n in the world.the d ⠢' \ . 23.3 (see Art.o tral lands in communal (.4 SEC. Sec. belie f s. The State recognizes the vital role of communication a nd information in nation-building. and economic growth of the country._ :\re also cl i~>tri b uted into v.) R.\1u~lim!:l.!:' Ac t of 1997 i_IPRAI. c:odifies Muslim laws. In Mindanao.wne rship) of indige nous cultural communities an d crcat~s the National Co oun i!<>~ion on Ind igt>nous People.~um ad. F(\b." if' th(' \"⠢s ay<ts and Luzon. tions to qu alify th m fur 1 1ppointmcnt in the civil tierv irc · Pres. protects and promotm. a condition that can be attr ibut"d tc: a host of factors . Non-governmental. . 4. 29.:· j. Decree No. see Pre s.68 TEXTBOOK ON THf<) PHTUPPI.< meaning "horn of the earth. or sectora l organizations that promote the welfare of the nation. The State shall encourage non-governmental. 23-24 provisi on i~> necessary in promoting the goal of national unity and devel opmen t. th(' indig enous peoples are collective>ly called . and intel·ests.)uf. not the least. of which is thei r lack of access to the :<ervice> re-q uired for their mate ri al sun·ivnl and the improveme nt nf thl'\ir quality of life.icipate and intervene meaningfully and e ffective ly in decisions which direL"tly affect their lives. 197 7. social ." As idt! from them. With several linguist ic ~roups. ). community-based. SEC. 'Thus. the Civil Scrvicn Commissi on is require d by !a" ⠢. it h as a si gnificant n umber of indigE'nous peoples.tr ious subgroups.. The State is required to encourage these organizations because recent events hav e shown that. t he "Code uf M⠢Jslim Personal Laws of the Philippines" re~'O gnizes the Rystem of Filipino Muslim lnws. This topic is discuss ed at length under Article XIII (Social Justice and Human Righb. perhaps owing lto its >t r<" hi p~lngic n ature. ·'The Phili ppinns. Sections 15 and 16 which categorically state the role and rights of people's organizations a s vehicles to enable the people to part.) Under the provision. H32 t~ nd 1125. special civil service examina. No. Sec. under responsible leadership. community-based or sectoral organizations. XVI . known as the Indigennus Peoples Hight. traditions.xample. 12. As a ~roup . Decree No.A.⠢lo pMent of the areas occupied by them.

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

get a ppoi n ted to h igh positions in the nalional government. (sec ArL. 26 Equal access to opportunities for public service. Hen ce. and social status. Sections 4. an elective official can have a close kin or trusted foll ower ru n for the same position and continue to exercise control through the latter. Addition ally: (1) Limitation of terms of office. 1 (3) Prohibition con stitutionally m andated. Xo~ e that the State is expressly mandated to p rohibit "pol i~ ical dynasti es:· Congr e ::.) As n oted abo ve. . 6 . 8. ." It is not unc ommon to have most of the top e lective positions in a province (or city l down to the barangays occupied by one family and close relatives of t he fa mily memb ers. This topic is discussed under Article VI (Legjslat. The dominance of political fa mil ies in the past not only kept more deserving but poor individuals from running o r winning in elections. the membe rs of the political clan .Th e law imp lem en ting the cons titutional policy shall define what constitutes political dyna3ties . . and 7 and Article X (Local Governmen ti. and local officials) enha nce equal access to political opportunities although they ma y not completely do a way with the evils s pawned by political dynastie s that proliferated i. VII.J is designed not only to guaran tee wider access to opportuni ties for public s cr·vicc but it is also mea nt t o d o away with politica l dynasties as en uncia ted in Section 26. because cflh eir political c lout. Section 8.~ ha:s no discretion on the matter exc ept merely to spe ll out the meaning and scope of the t erm. son -daughter t eam s and hold to elective posiLiC'ns for decades. by the Constitutio·n on elective public offic ials. 1: Art. Sec. and those who a r A not elected. Vice-President. th e country in the past. the need for a declaration expressly prohibiting political dynasties. Sec. Senators .The constitutional policy on the prohi bition of political dynasties expresses a national commitment to democratize ele ction and appointment to positiuns in the government and eliminate a principal o bs tacle t o "equal a ccess to opportunities for public ser vice.1. With his political and econom ic r esources. Politicia ns form husband-wife teams.The provisions li miting the ter ms of offi ce of elective officials (President. 4. 4. VI. h owe ver. togeth er with t h e te rm li mits impose d lik ewisP. . it also enabled powerful a nd affluent politicians to co rner appointive po~ition s for their relatives and foll ow ers as if th ey alone are gifte d with the ability to serve the country . (2) Prohibition of political dynasties. X. Sec. having in mind the evils sought to be e t·adicated an d the! nted to ins ure the widest possi ble hase for the se lection of elective go\·ernment officials regardless of politic al. 5.7() TEXTBOOK ON THE PH I LIPPT~ E CONSTITCTION Sec. Representatives . Sees.ive D~partment). Art. IX·C. or father-mother. 1 'fhe m ulti-party system (see Art. economic. are th e ones who get elected.

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

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

nd worth which must be respected and safeguarded. :3rc. 9-10. 11. The y are those rights which are provided by laws promulgated by tne law-making body and. 73 . 8. 12. The new Consti tution incorporates in Article Ill all the basic rights in the former Charter. I t also awards new rights to the individual. 1 Its basis is the social importance accorded to the individual in a democratic or republican state. and (3) S. 19. It is a charter of liberties for the individual and a limitation upon the pow er of the State.Jlir. 13. or by an individual or groups of individual s. pp. Since they are part of the fundamental law. Examples are the right to life and the right to Jove. they cann ot be modified or taken away by the law-making body. ~Jilll. Examples are the right to receive a minimum wage and the right to adopt a child by an unrelated person. the belief that every human being has intr insic dignity ~. 18[1]. ) Classes of rights. may be abolished by the same body.l ed.tatutGâ ¢ry rights. -They are those rights which are conferred and protec ted by tne Cot'iStitution. Constitutiona! Law. 'See 1 Cooley 534-535: 3 Black. (see Sees.Article Ill BILL OF RIGHTS Concept of a bill of 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 t o His image so that he may live a happy life.ig}J!Ji_may be defined as a declaration and enumeration of a pcr~nd privileges which the Constitution is designed to protect agamst violations by the government. (2) Constitutional rights. consequently. The rights that a citizen of a democratic into: (1) state~enjoys may be classified Natural rights.

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

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

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

or both. there is a denia l o f procedural due process where an accused has been charged with an offense (e. It is only in a totalita rian state that an individual may be pu nished for a crime or deprived of the enjoyment of his rights at the pleasure or whim of "one in authority" because the principle of the rule of law (see Int r oduction-B . In certain proceedings of an a dministrative character . It is sufficient if opportunity is later given to the individual adversely affec ted to test the validity or propriety of the admini stra ti\'e action on appeal to superior administrative authorities or to the court. ~sec P~ople vs.g. -BILL OF RWH'I'S 77 able.g. or offic es (e. 1977.stratil.. libe rty. G<>m. wh. lX. Aug. (1) In judicial proceeding::. 921: Lorenza n <~ v.. agencies. however. . Ill. National La bor Relations Commission.udicial pro ceedings arc those that are conducted hefurt~ cnur t s of justice. (c) Opportunity to be heard given the defendant. the plaintiff h as a lso a right to be given opportunity to he h eard on his claim. etc.. ··make the deprivation valid under th e Constitution. is not always judic iai proce ss. 37 Phil. or an officer or employee may be suspended pending an in vestigation for violation of civil service rules and regulation.For the most part. L37051. . 2See B11nco Espaiiol vs. civil or criminaL It requires: (a) An impartial court clothed by law with a u thority to hear and determine the matter before it. where because of public need or for practical reasons.ik. (2 J J n administrative proceedings. procedura l due process h as its application in judicial proceedings. which aro empowered to render decisions or judgm ~ nts' in appropriate cases falling under their raspective jurisdictions. Securitie:o and Exchange Commiss ion.hus. In other words. 78 Phil. Of course. not only what m ay be done by any governme nt age ncy but also how it may be done should sati sfy the requirements of due process in order to.4 notice a nd hearing may be dispensed with. Abad Santos. Pala nca. 774.) is not observed . i.2 . robbery). Cayetano.ion al Commission!! lsee Art. Procedural due process.Thus. theft) and convicted of anothera (e. an offender T may be arrested pending the filing of charges.Due process. 4 J. Thus. no person shall be deprived of his lifE'.).titut.ie prpceediru:s arc 'hose that are heaTd by bodies. . a nd (d ) Judgment to be rendered after lawful h earing.::.admifl · .g. the same is not feasibl e. or property for arbitrary reasons or on flimsy grounds.) under the Executive Department or by the independen t. ( b ) Jurisdiction lawfully acquired over the person of the d efendant or property which is the subject matter of the proceeding. 1 ART.Sac. . . just. a nd. 31.

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

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

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

Sec. to citizens as well as ali ens in the Philippines..) SEC. issued in t h e name of t_he People ofth. (1) A search warrant is an order in writing.~. signed by a judge and directed to a ·peace officer.. taxation. right to vote) tO such classes of i tl'l citizens as it may see fi t. III.BILL OF RIGHTS 81 on the subordinate instrumentalities and subdivisions thereof. ¥ See Ibid. Rule 113.?ersons.e.e Phil!pptnt~s.. i.. 2 ART. Natividad.e. The right of t h e people to be secure in their persons. to take him into cust ody in order that h e may be bound to answer for the commission of an offense.-u~r. Corporations are also e ntitled to the protection. t he written order is called. houses.1 (2) If the command is to arrest a person designated. 110 Phil. 2 Scope of the protection. ( 1) . so are pl'ivate corporations in so far as their property is concerned. and (4 ) It is also not intended to enforce social equality. (see 3 Willou ghby \929. XIII. 1.hich J'l. being a creature of the State.. 65 Phil.w. (see Art. 2.I:.) (2) The guarantee is available to a11 persons.o. i. and no search w arrant or warrant of arrest s hall issue exce pt upon probable cause to be determined p er sonally by the judg e after examination under oath or affirmation of the complainant and the witness es be may produce. (3) ILdoes.. and effects against unreasonable searches and seizures of whatever nature and f or any purpose shaH be inviolable.g.. .qnt o{arrept..) 1 See Rules of Court. cannot invoke t he protection. and on the t hree inherent powers of governments.._ exteruLt. Rule 126.mU. righis. While all person s are equal in worth. Sec.. 1 8 But r. Aliens are thus in cludPd. Sec. Bell v!:l. police power. 136. 1. 17 1 ~S mith People vs.Sec. rurt. Vera. 1. commandin g him to s earch for certain person al property and bring it M ore t he court.. whether accused of crime or not.. -The protection applies to everybody. . 17 (infra. 56.it iC~ The State is not prevented from restricting the enjoyment of political privi leges (e. a nd particularly describing the place to be searched and the p ersons or things to be seized. and eminent domai n.n_ unicipal corporations. Meaning of search warrant and warrant of arrest. papers. they are not equal in all things.

. 4 (3) Papers and effect.a It does not extend. '.onally.fi (3) Such determinatio n of the exjstenct. A sea rch or seizure ma de without a search warrant is not ne cessarily illegal . J. determinable from a consideration of the circumstances involved. '⠢Ex Parte Johnson.Only the judge C!lll validly determine the existenc e of probable cause for the issuance of a war ran t of a rrest or search warrant and he must $0 det. 1976. all).lan. 7 Rules (If Court. L-281i42.TEXTBOOK ON THE PHILIPPINI<~ CONSTTTUTION Soc. e. Rule 126.th e place to be :::earched. and one made under a search warrant is not necessarily legal .They include sealed letters and packages in the mail wh ich may be opened and examin ed only in pursuance of a valid search warrant. 205 U. P.nt fur more than one :specific offe nse.t cr . 1166. 727... ""Requisites for valid search warrant or warrant of arrest.) 3 . They are: q) lt must be issued upon probable cau ~e. . 2 (2) Houses. ' He::. In general. and even a sa fety deposit vault. only courts are empowered to r ule u pon). sec Sec.lba. and t he persons or things to be seized.S. April 30.latntes. to the open spaces and fi~ld. (~l The probable cause must be determ ined per!'lonally by th e judge himself. and · (4) The warrant must partit:ula rly describE.The protection is not limited co dwelling houses but extends to a garage.Un ited States. . N't~cessarily' t hen. Su ch a s for "illegal traffic of narcotics and contraband'' which is a generic tf' rm covering all f{Oods exported from or imported into the country contrary to a pplicable f. 9 6 U. 7 56 c .f probable cause must he macte after examination by the judge of the com p!ai na nt and the witnessr>s he may produc e. .:> When search and seizure unreasonable. 57. The law prohibits the issuance of a seal'ch warrc. Sec.S.c.. s hop.e:-mine per. store. office. all illegal ~earches a nd seizures are unreasonable while lawful one s are r easonable. more tha n one o ff~nse could arise f rom the activ ity designated. however. (C⠢1stro vs. What constitutes a reasonablf! or unreasonable search or s~ izure in any particu lar case is a _purel~icial question (i. 3... warehouse.~ belonging to one.

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

es.v him at J 24 Calle Arzohi spo. '"Sci' 47 Am . Right against unreasonable search and seizure. it is no t r equi red that a technical description be given as thiR would mean no search warrant could issu e.nt.reasonable a nd thus offensive to the Co nstit. :35. . l>f Cu!'-t L·27968. Ve loso. . personal. 1:1 (3) Property. receipts. le s~ cc or Ia wfu1 occupant.. 64 Phil. . ' '1Lopwl . ii<E:'t⠢ Ca!ilro ''·'· P ah al.howing all busin ess transactions including disbursemen ts. It.·s. ~. Dec. be sc iJ. It is a general warrant because it do~ s not particularly describe the things to be seized. charging <1 usurio us rate of interest.. Ju ne HJ. 1o·. :~RI) '·\Stonehill v.ion if consent be shown . that a sea rch o r seizure cann()t be considered as u n.cription "that there are being kept in said premis c~s hooks.. vouchers. in violation of the law" was con ~idered s ufficient becau se the omcer of the l aw who executed the wanant was thereby placed in n poRition en abling him to ide ntify the articles. tran sactions of th e persons n a med r egardless of whether the t ransactions Wf!re legal or illega l. the dc::. tn. ⠢Tnr. 57 Phil..ucd for ·'!lar coti c!i a nd othnr w n tr aha nd" liS they may comprehend any personal property .id.hc thi ng:. Thus . April 30. one who is not the owner.n L·2HH·12. Conun. 50B. 1967.F or this im munity from unwarranted intrus ion i!' a per so nal right which may be waived. People vs. 1 7 ⠢ 1/. l-1 But: a search warrant which d escribed the effects to be searched a s "fin ancia l records.1" (2) Without a prope1· search warrant (see requisites). no public official has the r ight to enter tht~ premises of a n oth er without his con sent for t he purpose of sean:h and . of premi ses searched ~ann. no t co mplied with hy a search warr ant is:.84 Tl<~XTHOOK ON THE PHILIPPINE CONSTITUTION Sec. 20 SCRA a8:~ . (l i Thl:' legality of a scMch and seizure co n be contested only by the party w hose pt-~ )·sonal rights wey·e involved. ba lance sheets and related profits and loss s tatements" was held invalid as it au thorized the seizure of records pertaining to all busin.. in a case. It ha.: bee n held that th e requiRite ao. . Rubio. t. either expressly or implied1y.'J. therefore. lists. the description mul::lt be rath et:··general. the manager of the club.. receipts. charts and other pap ~~rs used by him in connection \Vith his acti vities as money lender . which he did.o a panir1tlar desc rip tion () { t. Con6equently. Diokno.eizure. the police could identify John Doe as Jose M . 1975. Veloso without diffi culty. x ~ x andior typewri ters ::. City of Manila and as this John Doe was .The description of t he property is required to be specific only in so far as the circumstances will ordinarily allow.!:!d wa.l.)t rais e t he question wheth er thf~re has been an unlawful search or seizure. It has been held t hat where by th8 natme 1>f thE:! property t o be seized.. 2 pied b. " Alvarez v~ C f. Jose M. 19 76 . does not admit of doubt.

2d 648.~n~t~~!~!J. When an offens e has in fact just been committed and he has personal knowledge o f facts indicating t hat t he person to be a rrested has committed it. the possession of ar ticles prohibited by law i. Rule ll a. 24 The accompanying search and seizure of the effect s (e. where the officer m aking it has reasonable cause for believing that the latter cont ains th em.e. 2 ART . wr.l 9 / (3) In the case of contraband or forfeited goods being transported oy ship. Jur. in his presence. 23 \!h.~l ma_y: be made without warrant. 111.n ar!. or is attempting to commit. The same thing may be said of i nspection of books of accounts by revenue cxaminers. 2 'State vs.r.s disclosed to plain view or is open to eye and ha nd.) such as inspection of restaurants by health officers. ~'Rul es of Court.Q.j~~Q incident to _ajawfuLarrest.20 (4-( Where. 97 S. auto mobile.n. 9. Rules of Cou rt. supervision and regulation in the exe rcise of police power (see Sec. Blait·.. 22See Can don vs.BILL OF RIGHTS 85 ~~-~!U~~~!~.g. is actua lly committing. of factories by labor inspectors. Malasugui. arrest a person: U) When. Rule 11 3. Palacio.g. without a search.may be mi!_f1. a wanant. Sec.. 18 (2') Where search is an incid ent to a lawful arrest. ~2) 16 19 People vs. an offense.E.. and (3{ W hen the person to be arrested is a prisoner who has escaped from a penal establi shment or place where he is serving final judgment or temporarily confined while his case is pending. A peace officer or priva te person . 770. or other vehicle . Dizon. knife) of the crime shall also be lawful al though done without a search wa~rantJ!_!Li. 76 Phil. without.may. 80 l'hil.. or has escaped while being transferred from one confinemen t to another. the person to he arrested has committed. 2 ~See 47 Am.. Alvaro vs. . 48 F.Sec.1 agon<'ia vs. 5. in view of the difficulty attendant to securing a search warrant. 223..22 and (6) Routinary searche s usually made at the border or at ports of entry in the interest of national se curity and for the proper enforcement of customs and immigration laws. 513-515.~ ~!!n. gun.~.t. etc. 62. 21 (5)' As an incident of ins pection. 837.I:!Lw~rranJ~ In the following instances: (1? Where there is consent or waiver. stol en goods) or instruments (e. Quina. 63 Phil.

J!!:Y. cit. Jur. Meaning of right of privacy. op. or when public safety or order requires o therwise as prescribed by law..into such communication and correspondence2subject to the ever pervading police power ofthe State. Natividad. (2) By the above constitutional provision. p.g~ is concisely defined as the right to be left alone. Politica l Social Problems {19a8). 3.86 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser. (see Sec..tghJ g[priJJ. ( 1) The right to privacy is considered as belonging to that class of rights whi ch every human being possesses in his natural f. Inc. 9. The constitutional provision on the right of. 3 Laurcl. 3 SEC. The righ t is but an aspect of the right to be secure in one's person. Th~ r. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. 3 Relationship with right against unreasonable searches and seizures. Taiiada and Fernando. 2 . 260. 59. privacy complements or implements the security of the citizen against unreasonable searches and seizures. 84 Phil . 1 Basis and purpose of the provision. â ¢Material Distributors. h as also been defined as the right of a person to be free from undesired publicit y. their privacy may be eventually violated and great harm i nflicted upon the citizen as a result.) Letters and messages are usually carried by the agencies of the government and unless adequate safegu ards are provided for. 925. It . 4 'See 41 Am.tate and which he does not lose or surrender by becoming a member of organized society. 127. or disclosure and as the right to live without unwarranted interference by th e public in matters with which the public is not necessarily concerned. The right has been e quated with the right to live as one chooses under the law free from interferenc e in the pursuit of one's choice. there is an express recognition that persons may communicate and correspond with each other without the State having a right to . iit{ra.. It has its foundation i n the belief in a person's inherent right to enjoy his private life without havi ng incidents relative thereto made public against his will. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. vs. p.

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

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

p.. III. 16:1-164 Taiiadll.. This is known as "the clear and ll.rlll~.t.c. (b) to censure b oldly th e conduct of rulers. (2) Makes possible.. Any one who s landers or l ibels another may be penalized. One has no right to stan d up in a crowded theater and yell "fire" merely to see the confusion and possib le panic that will result.. If we would preserve [this right]. public discussions . op. depends upon the n ature of t he interest t hreatened. the nation is invariably stunted. . it must be nurtured and protected by t." words that by thei r very utterance injur e a nd provoke others to attack. however. 299 U.BILL OF H. a nd Fernando. nay. It is always subject to some regulation by the State in order that it m ay not be injurious to the r ight of the communi ty or society. "lewd and obscene" speech is not en titled to constitutional protection nor are "fighting words.\~§. plebiscites and el ections) as well as in national development. can be justified only where there exists substantial danger that the speech will likely lead to an evil the government h as a right to prevent.It is only through free debate and free exchange of i deas that a government r~mains responsive to the will of the people and peaceful change is effected. Oregon. 2 .i ue and popular governmen t.c.. u res a respon. and this power may be exercised under the police power of the Sta te to promote or protect the public welfa re . he ca nnot be prosec uted for he would only be exercising his freed om of speech.lGHTS 89 Freedom of express ion is. Seditious speeches are also outside the protection of the Constitution . . 31 3. but even this right is n ot absolute at a ll times and under all circumstances. Abridgment of freedom of speeCh and of the press. Were the right to free speech absolute.. cit. public opinion must be enlighte ned.. :3fi:i .e. The right of freedo m of speech and of the press is essential to the preservatio n and operation of a stable demO<:racy." 2 (3) In. citing Story . Furthermore.he St ate. and (c) to scrutinize the policies and plans of th e government. As such .3 The people must be able to voice their sentiments and aspi rations so that they may become active particip a nts in the political process ( i.. referenda. pp. 'Schmandt and Steinhicker.S. The abridgment of tb~ liberty.. recalls . an inalienable human right that flows from t he very nature of man. . Freedom of expression not absolute. political vigilance must be encouraged. 3 Do J onge vs. 4 ART.:'' How substantial the danger must be and ·trnmediate the evil results. initiatives .entdang~r. therefore. "No one can doubt the importance of the right: (a) to canva ss the acts of public men and the tendency of public measur es. 1 Without the right. the full and proper growth of the individual. scrutiny of acts and conduct of public officials.M Sec.

but the interest in clean streets does not justify suppressio n of spee<:h. PHTLIPPJN. 5 (2) The right. 4 For example. (1 ) The.~r 1. 5 Th~ Publ ic .al the matt. even though the likelihood of such an overthr ow is remote. ~United ~hatE:'s vs. whereas the latter docs not justify restriction even when the danger is immediat e. Meaning of right of assembly and right of petition.Assombly Act.. the rights of assembly and petition include at the very least. of_. r.' All t hese rights while not id en t ical.E CONSTITUTION Sec.fm means t he r ight of a ny person or group of perso ns to apply.⠢Tur. without fear of penalty.. ' 16 Am . a conspiratorial group may be punished for publ icly advocating violent overthrow of the government.8 As in the ca se of fret:'dom of speech and of the press. to makf! th t deeision. the utter ances may not be punishable. 121. (see Sec.o th e State as when they were uttered before a group of old men and women. p.ti. Blg. 9.11 th e l'Ottrts. The former justifies restrictions ::m speech even when the .iedion must be acc ompanied hy a written explanaticn. which have :24 hours to decide it. Petitioners may app . Bu!\tfls. l:nderslanding th~ ConAilution.han that in keeping streets clean. are cognate a nd inseparabl e.t of_q.1 "'S('e Corwin and Pel1a:::on. A mayor has 48 hour:. Every re.peti.igh. for thl'ir exercise except that it may be restrained or inter fered with when thf·re is a clear and pre~ent danger of a substantive evil that the State or go\·ernment has a right to prevent under jts police power. danger is remote. 6 Relationship with freedom of speech and of the press.J>Sfa_n_Q(y moans the righ t on the part of the citizens t. persons di stributing handbill s announcing a public m eeting may n ot be denied the rig~t to do so merely because there is a clear and present dang er that the streets will become cJuttered. immunity from previous restraint and against any subs equent punishment..880.P.) defines guidtlint⠢s whereby local officials may g rant pct'mits for ralli<:s. The interest in preserving our gover nment agai nst violent overthrmv is more substant ia l t. t37968(l. to the appropriate branch or office of the government for redress of grievances. On the other hand. A city rn· town rnayior can approve or o "l⠢j('ct a petitio n to hold a rally three days befoye it is scheduled. nJ. The right to assemble and the right to petition are necessary consequences of ou r republican institution and the complement of the right of fr ee speech. ' Ibid. 37 Phil. A town or city has the right to keep its streets clean.90 TEXTBOOK ON THF. .o meet peaceably for consultation in respect to public affairs. 4 But where the seditious words do not pose a clear and present danger t. <B.

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

Di 'ision Superintendent of Schools o f Cebu.92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. ins subject to r egulation and even prohibition for t he protection of s ociety..Q qct in accordance u:ith such belief -The r ight to act in acc ordance with one's belie{ is. 6 .r. 296.twe:l . The con stitution al guarantee of the free exercise and enjoyment of r eligiou s profession and worship carries with it the right to disseminate r eligiou:s bel iefs and information. s Religion may not be used to justify action or refus al to act inconsistent wit h the public safety. .. 1947.. or general welfare of society.. . 590.. Connecti cut.Car.3. hc~th.do. 96. by giving analysis of contra ry views a nd by solicita tion of finan cial assistance in carrying the truth to others. wh en these a re considered as " ru:ts .P. mora ls.ip" or "religious . Dit>l. ' Ebralinag . in the second sentence o f the provision. iiot.belieqe in a religion.Cooley.af. and (2) F.) which declares t hat "the separation of Church and State shall be inviolabl e. . It bas two aspects.---·. no one has a right t o refuse to defe nd the count ry in time ofwar..Yl. P ersons may resort to pray ers for the healing of the sick but this religious right may not be fraudulently used as a cloak to e ngage in heali ng for commerci$1.S. or to practice polygamy.} . 5 (2) The fr eedom of religious profession and wor ship .to refuse to pay taxes." Freedom of religious profession and worship.. A state may not com pel a religious belief n or deny a n y person any right or pri vilege because of his beliefs or lack of them. .eedam J. 22. The right to believe a nd to worship would be incomplete w ithout the constitutional right to sh ate one's views with othen and to seek to win them to one's faith . o-r to invad e the right of othe rs even in the name of religion. :t'hus. or violative of the criminall~w .G.' sSee.. . The first aspect is discussed under Article II. ⠢See People .r§. p.. Conduct reabsolute.. and ·cannoCb'e_.} purpose u s ing prayer and such religious rites as a curative agency... 219 SCRA 256 (1993 ). The theory is that a religious belief by itself cannot in a ny degree affect public interest.· I t has been held . (CAl 44 O .devotil:m'' to an image or idol which a re contrary to h is religion.h.m to .-s. Aug . namely: (1) EI:u. 7 Dissemination of religious beliefs. t h at it is violative of r eligious fr eedom to compel one to salutfl the flag.Everyone has absolute right to belie ve whatever h e wishes. Section 6 (sup ra. ·-·. sing the national anthem and recite the patriotic pledge. 3 10 U. It cann ot inquire into the truth or vahdity of a religious doctrine. however . during a flag cere mon y on pain of being dismissed from one's job or of being expelled from school.

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

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

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

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

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

9 tions for their exercise may be regulated and limited by the Constitution and by law. 7160. less t han hai f a h~cta re only..~ian. (2) Ptzyment JJL)J J..:~se. 229 SCRA 668 ( 1993 ).Public u se may be identifie d with "public be nefit. based on the fair market va lue~ a t the time of the taking of the property.g.he neficiaily..11Ji.) ~sena vs. Decree!\ N o..R. 15 then⠢of.te. directly or indirectly.with wbatey~_rjs.ociation vs. Eminent domain is the right or power of the State or of thos e to whom the p~~~. 8 47 .Under the Local Government Code.) Conditions for or limitations upon its exercise.A. N o. does not dimini sh i t s public use character...s1 cam. electricity).98 TEXTBOOK ON THE l 'lULIPPINE CONSTITUTION Sec.p£. ( 4) They are all legislative in character .'' or "public advantage.. Manila Ra ilroad Co. 2 1 ..ocialized housing for t he lower a nd mi<idle class members of ~ociety upon paym ent of just compeiH. 46 SCAD 1002. See Guido vs. -. It is of no mom ent that the land 8ought to he expropr iated is of s mall area. e." 2 lt.xnay be ide ntifie4.. a public utility given t he power of eminent domain ) to enable it t o fu rnish the public with some nece ssity or conve nience (e.1 Cooley 27-30.rv. (se e Art. a nd (5) They all presuppos e an equivalent compensation1 received. (see also P res.y for ~. 757 and 1224.. ⠢Philippine Colum bian As<. XII.ation.CJ. (3) They are ways by which the State interferes with private rights and pr operty. 19 77 ) fur ther defines th e policy oo th e expropriRtion of private pro~ rl. 1992. 7 T he owner may contest in cour t the va lue determined by the assessC>r. the use is public..!ilit e'' is understood to m ean the "price at which a willing !>eller would sell _ and a willi ng buyer would bu. They a re: (1) l}. Ru ral Progr ess Adm.···has·· ully delegated to take (or ex propriate) pr ivate property for public use u pon paying to the owner a just compe nsation to be ascertained according to law.co." "public utility." · 7 Sec. Presi deniia l llecrec No. by the person af fected by the exercise of these powers by the government.employed fo r th e comm unity :l That the exprop riation of a land may actually benefit only a few families.U$.Y n eit her b~i ng under abno rmal press ure. 1 02. Sec. (infra. ~"E-1i r mark~t-. Meral.g.Jan u a ry I .. . 2 1. . a nd Set. Panis. 84 P hil.g .) Meaning of eminent domain. effective . 18. 1259 (Oct . 5 t ht:l a mount to b e paid for the expropriated p roperty sh a ll be determined by the proper cou rt . 42 P hil.~ Ifthe property is t aken by a private corpor ation (e.

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

Ql!: is the power of t he State to impose charge or burden up on p_ersons. or property provided there i s due process of la w. registration of lands.Jic lte. (1) f. (4) G~!J.-Those regulating the medical profe ssion. providing maternity leave for wor king women. requiring every building or premises to be connected with a s anitary sewer system.i. r egula ting distance between gasoline stations.. regulating prices of commodities a nd rents of houses. Illustrations of police power statutes or ordinances are gi ven below. 16 See 51 Am. Police power legislation must be firmly groun ded on public interest and welfare and a r easonable relation mus t exist betwe~ n purposes and mea ns to achieve the s ame. except in refrige rated establishments. Theory and basis of taxation. penalizing the turning l oose oflarge cattle or permitting them to run loose in streets and pla zas of mu nicipalities.. proper. etc. (S ec. providing for the closure of certain streets to traffic of animal-drawn vehicles (calesas) .alth. pro· hibiting gambling. etc . . punishing usury. or property r ights. liberty.!y.y.sil{£1~ . (1 ) The power of taxation proceeds upon the theory t hat the existence of gover nment is a necessity. etc. . Jur.tJ. 9 Illustrations of police power Jaws. requiring compulsory military service. limiting the w orking hours to eight. Q. As a power.~ [CJ:LY!. providing a li cense tax for maintenance or operation of public dance halls . (2) Euhlkl11J2r:Jlls.Those punishing vagrancy and prostitution.. 16 (2) The basis of t axation is found in t he reciprocal duties of protection and support between t he State and its inhabi tants. In return for the 'sThe S tate can deprive pers ons of life. J The tes t or standard as always is reason. regulating th e slaughter for human consumption oflarge cattle sti ll fit for a gricultural work. 37·39 . a nd persons may be clas sified into classes and groups p rovided everyon e is given the eq ual protection of the law.f!.. ta:«. etc. provid· ing for the seg regation of lepers.. prohibiting the car rying of concealed deadly weapons.blk .100 TEXTBOOK ON THE PHCLIPPINE CONSTITUTION Sec.. 15 Meaning of taxation. / . and con!Jenien_ . (3) &.eJiC?-!:. l.Those requiring a license for the right to drive motor v ehicles. a nd that for these means it has a right to compel all its citizens and prope rty within its limits to contribute. outside the public mar kets.Those requiring compulsory Gf. fo r the use and support of the gov ernment and to enable it to discharge its a ppr opriate functions. aut horTiir1g the removal of billboards offensive to sight. that it cannot continue without mea ns to pay its expen se s. authorizing the demolition of buildings or im provements which constitut e a fire h azard. prohibiting the sale of fresh meat.

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

nJrru. · \ \Sturgess vs.) Before the effectivity of the new Constitution. op. Sec. includes contracl.. 2. XV .. ~see . Civil Code. administrative orders issued by heads of dep artments. G. Sinco. 5 A contr act which is entitled to prot ection against impairment must be a valid one. it is outside of the contempl a tion of the constitutional provision. The provi sion implements the constitutional right to freedom of contract.102 TEXTBOOK ON T HE PHILIPPINE CONHTITUTION Sec. A dmin istrative Orders are a cts of the President which relate t o particular aspect. (Ibid. 1 3E xecuti: !!_!. to assure the fulfillment of lawful promises. 125. VII. i t is a status. 640. 1306. and to guard the integrity of contractual obligations. the obligat ion of which is se cured against impairment under the Constitution. 3 ..'! of governmen tal operat ions in pursuance of his duties as administrative head. op.. <:it. 4 Wheat 122. p ." ( 1) The law. the Presi dent exercis ed legisla tive powers through t he is suance of executive orders ..) Purpose of non-impairment prohibition. morals. public order. cit..Qrders a re acts of the President provid ing for rules of genertil or per manent character in i mt~lemeotation or execut ion of con sti tutional or statut ory pow.~rs. 10 Meaning of obligation of a contract.. or public policy. 1224. Art. the enactment of which is prohibited. Sec. 2 Scope of terms "law" and "contract.6 Busine ss problems would a rise if contracts were not stable and binding and if the leg islature can pass a l aw impairing an obligation entered into legally. (see Art. Code of 1987. p.1 if it (agreement) is not contrary to la w. 2. (Adm. includes executive and admin istrative orders3 of the President. The guarantee is not viol ated by court decisions or by acts of boards of officers acting in a quasi-j udi cial capacity (like a judge). Note that marriage is more than a mere contract. 4 The Stat e when contracting does so upon the s ame terms as a private i ndividual or corporation and may not plead it s sovereignty as justification in impairing a contractual obligation which it has assumed. Cr own shields. Hord. The prohibition is int ended to prl)tect creditors.. Book HI.. "Willough by. 'See Cassa nova vs. Sec.lieation Q[a co. The oQ. An example of impairment by law is when a tax exemption ba sed on a contract entered into by the government is revoked by a later taxing st atute. and ordinances enacted by local governments.) See Art. 8 Phil.s entered in to by the government.t is the la w or duty which binds the parties to perform their agreement according to its terms or intent . Hence. Section 1 7. good cus toms. ~v. ( 2 ) The contract.

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

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

Tan. pp. which is the very end of government.~~he State has also the constitut ional duty to provide free and adequate legal assistance to citizens when by rea son of indigence or lack of financial means. 27. vs. 'Barbier vs.e. Jr. they are unable to engage the servi ces of a lawyer to defend them or to enforce their rights in civil. and as decisively. might have to go to court and yet are without means to pay filing or sheriffs fees and attorney's fees. 'Cabangis vs." The raison d'etre for this principle is the assumption that the long arm of the law would. 25. 1976. 11 ART. Connaly.. exemption from payment of court fees) to poor litigants.S. Platon. 443. Unde r the Constitution. domestic servants and laborers wh o. 556. the underlying purpose. III. Sinco. ''V. op. or administrative cases. therefore. ~Suarez . cit. Within this cat egory may be mentioned the low-paid employees. (i. 7 0 Phil. the acquittal of the innocent is given more importance or pr eference than conviction of the criminal.. 1·3. 69 Phil. Indeed. 4 To give reality to these constitutional rights. 'Fellman. criminal. . our Constitution has expressly included the above provision. sooner or later. vs. as publiciy. 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. Gallardo. but that justice sha ll prevail. -The purpose then is not to coddle wrongdoers or to protect the guilty but to assure that truth will be disc overed and that justice. and the enforcement of contracts. will be done. -BILL OF RIGHTS 105 may lose his job. 2 For as the Roman praetor said: "It is better (0 Caesar) that a tho usand guilty men be free than one innocent man be deprived of his life or libert y. His reputation is under an immediate cloud. catch up with the guilty party.Sec.It may nut be sufficient to just grant the rights of a pauper. op. The accused. L-412 13-14. needs every possible opportunity to establish his innocence. as soon. 113 U. as possible} (3) Protection of innocent.s Right to adequate legal assistance. Sec. p..G. or be suspended from it pending trial. Almeda. in a criminal prosecution the interest of the government is not that it shall win a case. 'See Rules of Court. Oct. s· But such guarantees are futile if persons are prevented from going to courts on account of their poverty. Rule 3. to collect their small salaries and wages. 703. cit. Right to free ac cess to the courts and quasi-judicial bodies. 2 1. the prevention and redress of wro ngs.

solitary.106 TEXTBOOK ON THE PHILIPPINF.o.~'ighls:··"' To gi ve force and meaning to the constitutional provision.!:ilY. any confession obtai ned in violation of any of the above rights is declared inadmissi1 While an accused is under custody. 94 SCRA 109.e . Caguioa. force.itl:!~uJJ ~. from Scptembt!l' 21 .9J its c.Y. soli tary. ( 1) Any p erson under investigation for the commission of an offense s hall have the right to be informed of his right to remain silent and t o have co mpetent and independent coun· sel preferably of his own choice.. threat.w.. 1972 to January 17.m. and (4f) against being held in secret. Alegre. 2 (3) against the use of torture. If the person canno t afford the services of counsel.(People vs. 1981. otherwise his right of silence would he an illusion. CONSTITUTION Sec .is. violence. a nd their fami· lies.:J / . Rights of person under investigation.m. 12.Q.1·) to be informed of his right to remain silen t. intimidation. (4) The law shall provide for penal and civil sanctions for violations of this s ection as well as compensation to and rehabilitation of victims of torture or si milar practices. .tq_c_l~rs~§Jl<!iQg. intimidation.!l§~\!!.ig_e_g ~Vfl./ Effect of violation of the . (3) Any confession Ot:' admission obtained in violation of this or Section 17 he reof shall be inadmissible in evidence against him.il i'ttt. Any person under criminal investigation for the commission of an offense shall h ave the right: (.ud ~l~m~. violence. 12 SEC.Y!'.) 3 These forms of detention of personfl arrested by the m ilitary for alleged subversive activ ities or fot· being critical of the government were found to be prevalent under a p revious regime especially during th e period of martial law. These rights ca nnot be waived except in writing and in the presence of counsel. L-38975. (2 ) No torture.. or any ot her means which vitiates the free will.ada~e. or oth er simiiar fo rms of detention. his silence may not be taken as e\⠢idence again st him..a. or any other means which vitiate the free will shall be u sed against him. threat. h e must be provided with one...t. incommunicado. (People vs. Oi fferen t forms of torture were also practiced.. incommunicado.4!.~£~. Secret detention places. force..t ~h. June 17. ) tThe right to counsel may be waived £!Q. 1 ~2) to have c ompetent and independent counsel preferably of his own choice or to be provided with ono. or other simi· lar forms of detention are prohibited.. 1980..

Qg..ptin. 13...IJ.t be w.e. Waiver of right of silence and to counsel..aio.~Ui. rig_ht pf ~il.Q.n.n<.E2!l.) "RA No. 1992) creates a B.. is made. The authorities must insure that th e accused is apprised of his rights and that they are availed of by him.el. For humanitarian reasons. 7309 (~ar ch 30. and their families. with or without a warrant. supra.. All persons. 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 com ment nor reply to such implication or accusations.Qnsidered a tacjt adtnia. writ ing This requirement which is not found in the 1973 Constitution is directed aga inst abuses in the past whereby written waivers by the accused or detained perso ns without assistance of a lawyer were employed to circumvent constitutional pro tection on human rights.l?~!gG.the.~t..ID.l ~~ ~oun§~l~aJl..S. The right to bail shall not be impaired even when the privilege of the writ of l].e.w.abeas corpus is suspended.Claima under the Department of Justice for victi ms of unjust imprisonment or detention and victims of violent crimes.S (People vs. is the security required by a court and given for the provisional o r temporary release of a person who is in the custody of the law conditioned 4 .m. before conviction.. Meaning of bail⠢ .r i_ny~!Jtjg~~jQ:Q" in cludes ~Y.!}~.. shall.r.u Qf.ot a mere general inquiry into an alleged crime.~~a.n QdnYe.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.Q. or be released on recognizance as may be provided by law.xce.reclusio n perpetuo when evidence of guilt is strong. Section 12 provides the procedural safeguards to secure the rights of the accuse d particularly the privilege against self-incrimination of persons under arrest or in custody of law enforcement officers. 5 When rights can be invoked.aiYflrl. 13 ART. except those charged with offenses punishable by .o.l)IJOt. These rights are thus available the moment an arrest or de tention. . .. III. ~.cr.u::w. such law to be enacted by Congress shall provide compensation for and rehabilitation of victim s of torture or similar practices. The words ~d.t.om of. Excessive bail shall not be required. .io'!l where the procee ding is r.Sec.l.J:.fJiJ. Alegre.tQ...dis!UJJ.. be bailab le by sufficient sureties. i~_t~e pr~~e_n~~-QLc. but has begun to foc us on a particular suspect taken into custody by the police who carry out a proc ess of interrogation. Th~ SEC..

8 De Ia Rama vs. 46. 6 or after conviction . Rule 114. a n accused may be te mpo rari ly released on his own recognizance to the custody of a responsible member of th e community.~!'J:il may be granted where there is no probability that the defendant would fle e r ather than face the verdict of the court. a free man even when he h as already been criminally charged in court. Congress must enact a law providing when recognizance may be allowe d in lieu of bail. Sec. Almeda vs. 1. 2 1 / _/ I .~ guilt.. The right t o bail is avail able to any person arrested. (Sec.nce is a simple person al obligation or unde~taking ente red into before a court and having no money pe nalty attached. 3 See Rules of Court. 1953. 6.5 (2) It is a lso not available to one charged with capital offense or an offense punish able by reclusion perpetua. Sec. 19' i. ''8 See Rules of Court. A'fecQilnizg. 13.) (. 29. 6 See Rules of Court. July 31. ' ~r)" The purpose of requiring bail is to relieve a n accused from imprisonm~nt u ntil his conviction and yet secure his appearance at the triaP The right to bail is granted because in a ll criminal prosecutions. has no a uthority to deny baii without t a king into account the evidence presented. Ro vira. 1 Purpose and form of bail. 14[2]. the accused is presumed innoc ent. L-14657. 4 ( 1) It cannot be invoked where the applicant is not yet in custody of the law b ecause he went into hiding and is at Jarge. however. (Webster's 3 rd Jot. . a t the time the acc used applied for bail..f it may be in the form of cash deposit . or after the accused has co. or otherwise deprived of his liberty. There must be a hearineEven when eviden ce of guilt is strong. (see Sec. "no bail sh~ll be a llowed after the Judgment has become final. 13 upon his appearance before any court as required under the conditions s peci fie d.108 TEXTBOOK ON THE PHILIPPINE CONSTITUTION SE!{:. 75 Phil.J. Diet. SE!{:. property bond. on humanitarian ground where the life or health of the convict may be endangered by continued confinement pending appeal. whether or not an information (criminal complaint ) ha s been filed against him. and hence. 1961. 635.menced to serve sentence. 7 (3) Under the Rules of Court.) The judge. Rule 114. detaine d. Jan. 5 Feliciano vs. 77 Ph il. life imprisonment. Villaluz. Ocampo. ⠢Teehan kee vs. 1855. People's Court.G. 49 O . ' See Montano vs. or recognizance. 3 Who may not invoke the right to bail. bond secured from a s urety company. as to JY.. 21. Pasicolan.) Thus. or death if the evidence o f his g uilt is strong. The purpose of bail is to secure on e's release and it would be incongruous to grant bail to one ywho is free . L·31665. 1. Aug. Rule 114.

No. Excessive bail prohibited.L !r.rJs unj!lstifii!Ple.th~.h~_P. For ou1· purpose. 14 ART.lllQnj.~b . and at the time of the application to be admitted to bail.m_~.:r:im~d. The Constitution ordains that excessive bail shall not be required.9 or death.t.th~jl.n. they are different penalties._hEt gi!)~r~ti()n of He has to take into a. 14. .ldg~. La._apita(. 15. In law .tilm. and public trial. for purposes of the above provision.o~withstandin.a.ro. 197 5.. 7.ash bond n.tr. the right to bail would be a meaningless farce.P.rn. l'i.~sts_mainly \. among nature of the offense.d. ihe prbbability of guilt.U Also .S. (Rule 114.. 1993) has restored the death penalty on certain heinou s crimes.. after ar:raignm~. 13. .ided that h~ has been duly nqtifi~.JwlQ.⠢at under the R~les of C ourt._9ffen~e..ngS_. others~he reason~b. the amount of bail may be reasonable if considered in terms of surety or prope rty bond. is still av ailable except as provided in Section 13. we shall not concern ourseh·es with the fine distinctions hf'tween the two. even for the commission of national security crimes (see Sec. "1 Coole:v 644.) 10 See Rules of Court.t~!.).BILL OF RIGHTS 109 When the privilege of the writ of habeas corpus is suspended. 7659 (Dec. is an offense whic h.L1~ a SEC.P~~.~. 6. Meaning of capital offense. the penalty which the law attaches to it.. the right to bail. the accused. Aug. 9 R. '~Almeda vs.accused.A. Suffice it to say t.~!Lr. {2) In all criminal prosecutions. 12 WhJ!t .IrrOC_ ~~. 10. HI. impartial.s~fth~.) W ithout the explicit injunction. under the law existing at the time of its commission. and~he financial condition of the accused. Villaluz.. Section 13 speaks of reclusion perpetua. Sec. and shall enjoy the right to be heard by himself and coun sel. and to have compulsory process to secure the attendance of witnesses and the produc tion of evidence in his behalf.Y.c. 13.Sec.ly. L-31665.arrw\. to hav e a speedy. Rule 1 J 4. life imprisonment is included. Sec. lif e imprisonment..~W. but excessive if required in the form of cash.ccount in deciding the matter. 10 That which is reasonable bail to a man of wealth is equivalent to a denial of right if exacted of a poor man charged with a like offense.to. the accused shall be presumed innocent until t he contrary is proved. (l) No person shall be held to answer for a criminal offense without du e process of law.!!-:~-~~-~P. (Sec..o. to meet the witnesses face to face. Th~LQ. to be informed of the nature and cause ofthe accusation against him.P. may be punished with reclusion perpetua. However.4 a~d bj~J~!ll. not life imprisonment.

1 Right to presumption of innocence. (Sec.rhe term t. 814 U. ⠢People vs. De Guzman. !. July 16.nJ. -The burden of pr oof in a criminal proceeding i~ upon the prosec ution. and (c) allowed to use all legal means and opp ortunity to defend himself.f!~. denial of due process. authority and influence at its command.l~..J!!OS~i oss has alw ays been interpreted to mean proceedings before the t rial court ft~JP.) 3 People vs.. L-74727. a suspended PC-CIS was acq uitted of the charge that he "knowingly and falsely represented himself to be [s uch an) agent" in the ::. 1999. 194 SCRA 601. March 4.3 The presumption takes an even more p aramount significance in offenses involving the capital punishment. As applied to a criminal trial. (b) given a fair and impartial trial. 9 1 SCRA 422. . A person cannot be held to answer for a criminal offense without due process of law. Lagmay. 6 1 Lisenba vs.S.r~Cl:§I9JJ:. In all criminal prosecutions/ the accused is presumed innocent until the contrar y is proved. and (~) The judgment awarded against him must be wit hin the authority of a valid law..s_f!_ conv.) 6 People vs.. ~Thus.~ Its evidence must be str ong enough to convince the 'court that the accused is clearly and unmistakably g uilty.s. It requires that: <f) The accused must be ( a ) tried before a competent court (i. not because he dmnot prove that he is innocent. (Sec. It s purpose is to balance the scales in what would otherwise be an uneven contest between the lone individual pitted against the government and all t h e resource s.bsence of proof tha t he was duly notified of his dis m issal before the commission of the alleged crime to ove rcome the constitutional pres umption of innocence .a£eguard.~YQ~.gl)!l'le.fal. 1988.!1t.Q. supra.Q[ P!09[ gfgu_i_l~.!£.C!£~e__<jg_l~QJ. see Sec.d. -This presumption of innocence is a guarantee that no person shaiT be convicted of a crime except upon confessi on or unless his guilt is established by proof beyond reasonable doubt which is more than just a preponderance of evidence sufficient to win in a civil case. 306 SCRA 157. April 21.fl!:l-i re!J1f.~n.~ JtX!'!.) Due process in this context pertains more to the procedura l aspect. 1979. is the failure to observe that fundamental fairness e ssential to the very concept of justice.IJ. agg. People of the Phils. it has been said.M~ .e. 14[ 2].11 0 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 14[1]. De Guzman. (People vs._the rendition of decisi~Jl!.n!!!nJm. note 3.⠢ (2) Re. 14 Right to due process of law in criminal cases.dmi. California. (Gigantoru vs. but because it has proved that the accus~ is guilty beyond reasonable doubt. court having jur isdiction).) (1) A . Corachea. 219.!ion.. June 16. 1991. 1. .

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

April 29. a hearing is still indispen sable. May 31. Subido. 2 aSee.h. . particularly in the rules of procedure a nd without counsel. July 31. L-45667.. Bor ja vs. 2 ' Borja vs. first time. It is imperative that.cific.be. Flores vs. ( 1) Sp_e.~ludU }]. the court must assign a counsel~__9{jcio to defend him . r eading the same in the language or dialect known to him and asking him whether he pleads g uilty or not guilty.o what the ch a rge is so as to enable him to prepare his defense...~ e tight tu.. . 1977 . 752.112 1'F.XTBOOK ON THE PHILIPPIN E CONSTITUTION Sec. Sec. I t is for this reason that the right to be a ssisted by counsel i s deemed so important that it h as become a constitutional right~~ not subject t o waiver by the accused.\Y~!Uf.eard would. ( 1) The arraignment is made in open court by the judge. however. H olgado. And this can happen more easily to persons who are ignorant o r uneducated.k.uiz .Jan. '"Sec . The right to. the court shall inform the accused of his right to coun sel and s hall ask him if he de~ires to have one. 21. Sec. Rule 116. '"RcycJS v:>. Loquias vs.. not. He cannot be punished upon a doubtful assumption. !l. he is thus made fu lly aware of possible loss of '''!hid.. b. 1979. L-36276. 1975. he may b e convicted not because h e is guilty but because he does not know how to establ ish his innocence.r. for th e. of cri m. 14 f4) "Before arraignment. 8up ra..a. Mendoza. see People vs. June 20... L-29015. 20 The compla int is filed in court usually by the prosecutor after due investigati on.ar. Mendoza. L-50707 . Aug . is granted the opportunity to know the precise charge t hat confronts him Y Importance of the right to counsel. The criminal compl aint or information should be sufficiently clear to a person of ordinary intelli gence as t.i.. Malunsing. . 17. 1975. 2:1 Right to be informed of the nature and cause of the accusation against him.tdoes_:r!~~JP.cl. Rule 116. and cons ists in furnishing the accused a copy of the complaint or information with the l ist of witnesses. 1965.tl~_. e . 1A Lack · of notice of h e aring violates procedural due process.This right implies that t he offense which a person is accused of be made known to him.19 Meaning and purpose of arraignment.. 6. ( 2) It is at t he stage of arraignment that the accused. 1. 85 Phil.be.of lit." 17 Even if the guilt of the defendant is very apparent. AgaH<I..under Sect. Rodri guez. Unless the accused is allowed to defend himself in person.ion 12. L-27916. or he has employed counsel of his choice.~ charge4. 1978. L-:l83 88. h~rd by_~:unsel Even the most intelligent or educated m an may have no skill in the scien ce of t he law . 22 Peoplc vs.gn::.c. of Finance vs..Jk_gqij. 21 'Rulcs of Court.

S ec. 14 ART . III. BILL OF RIGHTS 113 freed om , even of his life, depending on the nature of th e crime imputed to hi m .z4 (2) flgi!~~.J!::t.._!?LCl:.(}_C.fiS~.!J. .YJ..!J:Q.s_~..r.i:KIJL.b'U:!i2Jg tetf:. - - This requirement of notice is indispensable inasmuch as in criminal c ases not only the liberty but even the life ofthe accused may be at stake. Thus, there is a violation of the right whe1·e an accused h as been charged with an offe nse and convicted of another, 25 or where no a rraignment (supra.) of the a ccus ed has taken place. 26 The proceedings in s uch case may be challenge d and annu lled in the proper court, at the insta nce of the accus ed. But a n accused may be convi cted of a less er offen se (e.g _ theft ) included in t hat (e_g. , rob bery ) , which is charged. Right to have a speedy, impartial, and public trial. (1) ,Speedy_lzjgJ. - Our s tatutes do not define wit h precision what constitute s time for speedy trial. It has been said, however, that a "speedy trial" means one that can be had as soon as possible, a fter a person is indicted and within sue!:! time as the prosecution, wit h r easonable diligence, could prepare for i t. It sh ould 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 consisten t with due course of justiceY It neces sarily depends upon the circumstances. Co nsequently, reasonable postponements are allowed. The observance of the right to have a speedy trial is important. A long _ .<l~lay in the ju<:U~Jal p_roces ~ . s~rv~ s ~§.a xefuge of the .~~.~ .U$Jtd_if he. is guilty . ~?.d e:_ conE-?Uif!.g ~ 1ljt1~!iC E! _ Jl_i_ for_ !llif.he i~.iJlrl.Q£.~11~ · In det ermining whether there ha s been a denial of the right to speedy trial, t.he_te.st is t o begin counting t he delay from the time of the filing of the information <criminal complaint). u ( 2 ) Im..Il~r1ia~. 1r.ia{. - An impartial trial is certainly a basic requiremen t of due process in crimina l proceedings_ Im-partiality implies .an .a..bl;l~nc e of actuall:>i~§jn_the._Lrial. of cas.e..s. 'to this end, no m a n can be a judge in his own case and no ma n is permitted to try ca ses where he has an int. r.e. at ⠢.p~<;:P._niarypr otherwise, in the putcome}9 Thus . a com-iction under e an ordi nance whereby a portion of the fine imposed we nt to the judge and the remainder to the municipa l treasury is a violat ion of du e process oflaw.

"⠢Borja vs. Mendo?.a, Sll p ra ; Mat ild e, J r. vs. Jab~on . L -:3 ~ 39 :2 . Dec. 2 9, 1975. l 1 ~Peoplc vs. Abad Santos, 78 P hil. 774. 2G U.S. vs. Sobrevinas, 35 Phil. 32. ~ 7Conde vs. Rivera, 45 Phil. 650: Kalaw vs . Apo,;tol. 64 Phil. 852. 28P eople vs. Orsal, 112 SCRA 226 · 1982 ·. Bd>·.-~Q >.J9J. ⠢ Feb. 12, 1998), known as t peedy Trial Act of 1998," prescr ibes a time limit for trial. be tween arraignme nt and trial, and following an Order for !I new t riaL to emure a speedy trial o f all criminal caRes. 2 ~ln rP. Murchison, 349 C.S . 133.

114 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Soc. 14 judg~ 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, d enies. the ~~~ter_d~~ prg_c~~~ of) ~ w2° "A judge h as both the duty of rendering a just decision and the duty of doing it in a manner completely free fr om suspic ion as to its fairness and as to his integrity. While judges should possess prof iciency in law in order that they can competently construe a nd [apply] the law, it is more important that they should act an d behave in such a manner that the parties before t hem s hould have confidence in their impartiality."·11 (3) P..ublic tr..iaL -The requirement that the t rial be public is not meant tha t every person who sees fit shall in all cases be permitted to attend criminal t rials. 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 that of the accused's friends and rel atives and others who may be inclined to watch the proceedings in order to see i f justice m.intellig!m.ili':.JLI\d..im.P~u:t~Uy _a.<iro.inister~4, 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 cu riosity only, especially in cases (e.g., prosecution for rape) where public mora ls and public decency require it.32 of witnesses. The accused person has the right to meet the witnesses face to fac e . There are two important reasons behind this right. ( 1) G.r..osl:l:...~gJ.minatio.ILQ[¥JJ1.~§.~-~~-Qy_j.h.g...Q£tY.~ed. - The first is to gi ve the accused an opportunity to cross-examine witnesses against him to test the ir recollection and veracity. He may not, therefore, be convicted upon ;he mere depositions or ex parte (of or fro m one party) a ffidavi ts (sworn written stat ements} of his a ccusers. Thus, a doct or who executes a medical certificate mus t be presented for examination. (2) As_s._e~.!llJJ:.fl!J..t...l!J_Jl' lf.. q_9!! :J:L9f' witneti.i...sr.M..ib.WJy . -- The second is to give the judge, as the tr ier of facts, an opportunity to sec the dcnwanor and / appearance of witnesses w hile testifying.a3 .. - -- -·-·--.., ~ig~_oo~QnJrontation Right to compulsory production of witnesses and evidence. The accused has the right to have compuhmry process issued t o secure the attend ance of witnesse s and the production of evide nce in his behalf. (Sec. 14[ 2].) · ·IO'fumey vs. Ohio, 27:3 U.S . 510. ·"Tan, Jr. vs. G~ llardo, L -41213-14, Oct. 5, 197 6. '12See Cooley, Principles of Constitutiona l Law. l3rd1 320-321.; see Rule;-; of Court, Rul e 119, Sec. 13. 3 ·lU.S . vs. Javier , 37 Phil. 449; U.S. vs. Tanjua nco, J Phil. 374 ; U.S. vs. Bello, 11 Phil. 526; People vs. E s1.enzo, etc, and Ojoy, L-4116t'l, Aug. 25, 1976.

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

116 TEXTBOOK ON THE PHILIPPINE CONS'l'ITUTION Sec. 15 produce the body of th e prisoner at a designated time and place, and to show su fficient 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 d etention as distinguished from voluntary· anci'..i(; -relieve a person therefrom if such restraint is found illegal. 1-'he wri~ is the proper remed_y .i n each a_n d every case of..dewntion 'V!' ithout l ~gal cause or aut!l.ority.1 Its R.t.~_nc !p:a_l.P.Y....IP.Q~.~--t.h~.:n..ia.1u...sllihe.in.di vidual a t.hberty. How writ operates. This is how the writ of habeas corpus operates to safeguard the liberty of a per son: The ..w.:is~meE .~!. _a~y_p~rs~ in his behalf petitions the proper court, w hich 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 specifie d time , together with an explanation of the cause of the detention, called the. r£1Jg_ After the order is obeyed, the judge scruti nizes the return f:!.· and then dec ides whether it shows that the imprisonment is authorized by law. If so, the pri soner is remanded- sent back to custody. If not, he is set free at once by the j udge. 2 Suspension of the privilege of the writ. "(be P£i.V..J.f!ile of the writ of habeas corpus (not the writ itself) ~E.. '!)~ . , i . ..§.llSp~nde~- by the Presf4~nt (Ar'f.' VII; 8ec~· l 8."fit}._~ase only of i.IJ. yasio.!! or ' , .r_egellion,t~ben pul?lic safety_req~iFes it.3 Consequeb.,tly, t he person under - '"'-·-·. detention by the government may not obtain h is liberty by its use. \ While the person detained mus t still be produced in court, the official or pers on 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 bee n suspended. Unlike in 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 suspensi on fro m determining whether or not the detention is authorized by law. 4 But th e Supreme Court is empowered to inquire, in an appropriate proceeding filed by a ny citizen, whether or not there was factual basis to justify the suspension by the President of the privilege. 'Villnvwencio vs. Lukban, 39 Phil. 778 . See Chafee, The Most Im portant Ri ght in the Constitution, 32 Boston Univ. Law Rev. 143; see Rules of Cou r t, Rul e 1 02. !YJ'bc phrase "or imnUnent danger ther eof ' in the former provis ion has be en deleted hecause of its ambiguity. ⠢See Tanada and Fernando, op. cit., p. 530. 2

SP.C. 16 ART. lll. - BILL OF RIGHTS 117 The suspension _?f tl't~ .P~~vileg,eof the writ enab.l~s the State "to hold in p reventive-i'inpr1~~.nli!~nt~~c,l!Il_g i_n_v.:~~.>tigation and trial of perscms w ho_ E,lot agafnst it.'o:r cqrpm.it acts that ..endanger its very.exi_st~nc~,''" (see Sec. 13.) This topic is further discussed under Article VII (Executive Depa rtment), 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). T!t~...~b.<>.V..~ .P!~visj.f>_t:l.~!ili.<.>lds the time-hQnored_ traditj.<> ..r.u~Ls.pe~dy iu.~t_i_'l~(Qt as &tate.d. in.the...2ld fi.ic.wra..- ':d!lsti~-~- 9~}Ji_y~ ~S.i'l.§tic~ denWL" Its express inclusion was in response to the common charge against the perennial de lays 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 c ases 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 othe r hand, th~__o]?_s~rvan.c.~_ c;>[ "tl").,eright to a sp~~dy disposition of. thei r ca~~~:~n..han~~-s.th.~..P~Q,ple's re~.Q~G.i.J~n: 1huruv .and faith in..their. iQ.Y_EITnm.~m.t (2) The right to a speedy disposition of cases can be invoked only after the ter mination of the trial or hearing of a case. Like the right to speedy trial in cr iminal prosecutions (Sec. 14[2].), it is necessarily relative. It is consistent with reasonable delays and usually depends on the circumstances.2 </) Under the present Constitution, the Supreme Court, all lower collegiate cour ts, 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 abso lute time limit in the disposition of cases, a court litigant will not have to·wait indefinitely anymore for his case to be decided. 3 (,i.) The provision contemplates the disposition of cases involving private inte rests 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 t he 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 t o its disposition. 2 Beavers vs. Haubert, 198 U.S. 77. 8 Examp1Ps of mea11ures i ntended 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 PHILIPPI NE CONSTITUTION Sec. 17 quasi-judicial (i. e., executiv~ agencies performing adjudica tory functions sim ilar to those of courts, like the National Labor Relations Commission, Securitie s and Exchange Commission, etc.) a nd administrative bodies (i. e., executive ag encies perform ing limi te d adjudicatory functi ons, such as the bureaus under the differ ent departments). SEC. 17. No person s hall be compelled to be a witness against himself. ¥ight against self-incrimination. No person s hall be compelled to be a witness against himself. (Sec. 17 .) This is a protect ion against self-incri mination which may expose a person to crimin al liability. It is founded on grounds of: ( 1) Public policy, because if the pa rty is thus required to testify, he would be pla ced .. li.n der the strongest t emptation to commit the crime of . pe_~:u.r1; and (2) Humanity, because it preve nts the extor t ion of confession by duress. 1 - -- -.... Th e constitution a l gu ara ntee protects as well the right of the accused to silence, and his silenc e, meaning, his failure or refusal to testify, may not be used as a presumption of guilt or t aken as evl'dence against h:m. 2 Scope of guarantee. The right against s elf-incrimination applies in crimina l cases as well as in c ivil,·administrative, and legislative proceedings where the fact asked for is a cri minal one. It protects one whether he is a party or a witness.3 Nature of guarantee. (1 ) rl!.e._ right _ i~_ _purely persona l an_ ma,y_l,>_e,_W.4.i.v.~ ~- It was n ever t;l intended to permit a person to plead th e fact that some t hird person might be incriminate d by his testimony, even though h e were t he agent of such person. 4 (~ ) It may not be invoked to protect a person against being compelle d to testify t o fac ts which may expose him only to public ridicule or tend to disgrace him ; C ) It may not be invoked simply because the testimony might subject i one to so me liability not arising from any criminal a ction; 1 U.S. vs. Navarro, 3 Phil. 63 . zu.S. vs. Luzon , 4 Phil. 343; Chavez vs. Court of Appeals, 24 SCRA 663. JBermudez v.:;. Castillo, 64 Phil. 483; McCarthy vs. A rnsdtein, 266 U.S. 40. 4 People ve. Alegre, L·30123, NQv. 7, 1979; Hale vs. Henke l , 201 U.S. 43.

Sec. 18 ART. IlL - BILL OF RIGHTS. 119 (4) It is applicable only to a _pr_~s~nt n.ol fl__p_~~.! .£.riminality _which invol ves 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 subjec t to prosecution due to the lapse of a certain period of time); and f5) It can be availed of only against testimonial compulsion. :: Form of testimony prohibited. The constitutional guarantee that no pers~m shall be compelled to be a witness a gainst himself is limited to prohibition against <;,ompu~o.ry_tesn mQ.niC1!...§.~lfiA ~l-ill}jQ~!!Ql!..- extricating from defendant's own lips, against his :will, an admission of his guilt. ylt extends to the production by the accused of document s, chattels, or other objects demanded from him, for then he is compelled to mak e a statement, express or implied, as to the identity of the articles produced. 6 The refusal of a person to produce a specimen of his h.~D.!iw...riting is also included within the privilege. The reason is that writing is not a purely. mech anical act. It requires the application of intelligence and attention and is equ ivalent 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 footp1·int; 9 (;~,) the accused is compelled to be photographed or to remove his garments and his shoes; w (4) where a woman accused of adultery is compelled to permit her body to be exam ined by physicians to determine if she is pregnant; 11 and V$) th~. uolly~tary col):_fe~~!9n (given in the preliminary investigation) of ,· the accused is admitted at the ·trial. 12 SEC. 18. (I) No person shall be detained solely by .reason of his political beli efs and aspirations. (2) No involuntary servitude in any form shaD exist except as a punishment for a crime whereof the party shall have been duly convicted. lbid. Wigmore, pp. 864-865. 7 Beltran vs. Sam:-;on. 53 Phil. 5 70. 8 U.S. vs. On g Siu Hong, 36 Phil. 7:'15. 9 U.S. vs. Sale:-;. 25 Phil. 337; U.S. vs. Zara, 42 Phil. 308. 10 People vs. Otadora, 86 Phil. 244. 11Villaflor vs. Summet·.s, 41 Phil. 62. 12 People vs. Carillo, 77 Phil. 572. 6 5

120 TEXTBOOK ON THE PHILIPPI NE CON'STTTUTION Sec. 18 Right against detention solely by reason of political beliefs and aspirations. (1) In.ca.rc..e.m iio_n,y.;i_(hQut r,:h.fJ.rges qf~pqfiJi&aJJlri§ongs."- Upon the d eclaration of mar t ial law on September 21 , 1972 under Proclamation No. 1081 o f the then incumbent Presi dent , the military establishment carried out a natio nwide arrest and detention of known political opponents and critics of the admin istration. Thousands of people were arrested and jailed during the whole period of martial rule for a ttacking certain acts and policies of the President, for e xposing graft and corruption in the govern· ment (or even cracking jokes about its slogans) for criticizing the President and members of his family, for being m em bers of cause-oriented and nationalist organizations, etc. Many remained in inca rceration 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, 19 81 up to the February, 1986 "people power revolution," the privilege of the w ri t of habeas corpus remained s uspended "for the crimes of insurrection or rebell ion , subversion, ccnspiracy or proposal to commit such crimes and for all oth e r 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 ot hers, the authoritarian rule of the President, human rights violations by the go vernment, and enrichment in office of people close to the President and the Firs t Lady, for advocating political, social and economic reforms, for espousing a l ltgedly radical doctrines, or for participating in protest movements and demonst rations, or on mere suspicion of being subversive s or communist sympa· thizers, an d then charged with having committed crimes against national security and public order. (2) ~-E¥2£antee agg!.l)§!.t hay!rtDr:.i.§.9TY!!..§...of. conscience." - The inclusion in nstitution of the right against detention merely by reason of one's political be liefs and a spirations is a r esponse to these r ecent events in our history a n d manifests the great importance t he framers attach to it s protection. It is a positive declaration that within the democratic fram ework, the w t)ple, for example, can freely s peak of what they think is wrong with the government and its leaders, or seek changes in the government and its policies w hich they believe to be necessary or the r emoval of publi c officials unworthy of their (.rust. It is a guarantee that h enceforth , one can voice his contrary views and ideas about the exist ing politi~al and social order, t hat he can ar ticulate his hopes and aspirations for the country, without peril to his liberty . (e:ee Sec. 4.} It is a prohibttion directed to the government against having " prisoners of conscience." Meaning of involuntary servitude. l.ml.gl~J:llt~,n_!?__l}r:_r;i~~ge denotes a condition of enforced, compulsory se rvice of one to another. It has been a pplied to any service or labor which is n ot

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 ano thet·; and { 2) feonage or the voluntary submission of a person (peon) to the will of anoth er because of his debt. The term "slavery" is not employed in the Constitution b ecause 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 pr ohibiting the control by which the personal service of one is disposed of or coe rced for another's benefit which is the essence of involuntary servitude. 2 Huma n dignity is not a merchandise appropriate for commercial barters or business ba rgains. Fundamental freedoms are beyond the province of commerce or any other bu siness enterprise. 3 ~~p_ti_o~s_ t()_P!.9.1J.iP.iti()f1.: Not every form of fon~ed labor is within the scope of the provision. Thus, the p rohibition does not apply: const~tutionaJ o:J ~rime when the involuntary servitude is imposed as a punishment for a whereof the part y shall have been duly convicted <Sec. 18[2].); ~) when personal military or civil service is required of citizens for the defen se of the State (Art. II, Sec. 4.); ~m to injunctions requiring striking laborers to return to work pending · settlemen t of an industrial dispute; 4 (4) to exceptional services, such as military and naval enlistment. ThuS, a stat ute punishing sailors who desert their ship do not contravene the constitutional provision. From immemorial usage, sailt1rs may not leave their ships during a v oyage;'' ,5.) to exerci.se by parents of their authority to require their children to per form reasonable amount of work; and (6) when there is a proper exercise of the police power of the State. (supra.) Thus, persons may be required to assist in the protection of the Rubi vs. Provincial Board, 39 Phil. 660. See Bailey vs. Alabama, 269 U.S. 269: P ollock,.~. \\'iJ::am.<, :~22 U.S. 4. ~caunca vs. Salazar, 82 Phil. 851. ⠢Kaisahan ng mga Manggagawa sa Kahoy \·:.. Gotamco Sawmill, 80 Phil. 521. "Robertson vs. Baldwi n. 165 F S. i'].'). 2 1

122 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 19 peace and order of the community, 6 or to help build or repair public highways a nd streets. 7 SEC. 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhum an punishment inflicted. Ne ither shall death penalty be imposed, unless, for co mpelling reasons involving heinous crimes, the Congress hereafter provides for i t. Any death penalty already imposed shall b e reduced to reclusion perpetua. (2 ) The employment of physical, psychological, or degrading punishment against .an y prisoner or detainee or the use of substandard or inade.«fuate penal facilities u nder subhuman conditions shall be d"alt with by law. i Right against excessive fi~es. I Tl}e__q~~-!?tj_q~ !!tl<!. th~ -~.!P.QUJ)J qf.th_e _fin ~l!l..~~-~! ~~ll_J:>e imp ose ~. i~e addressed .to .the sound...di..scretion .af..the ..cow:.t. Jf it keep s within the limits of a statute, the fine cannot usually be held unreasonable. 1 Courts will be justified in declaring a fine prescribed by a statute excessive only when it is cle arly so, considering the nature of the offe ns e and t he a bility of t h e person punished to pay the fine. Right against cruel, degrading, or inhuman punishments. · ~rtur.e.. LSe.c....l21.2.1), This right as.. con.tra~distin guished .from the right.. against the use..of can only....be..inY:oked.aitez:...c.onYic.ti.un.for a crime. (1 ) 8.arm afpun ish m ent. -- It can be said that punishments are cruel and/or inhuman whe n they invo lve torture or lingering death, such as burning a live, mutilation, starvation, drowning, and other barbarous punishment. The punishment of death by hanging, el ectrocut 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 banishmen t from a certa in locality as a punishment is neither cruel nor inhuman and s o valid, 3 1 f}!Q i S QID~!!..~j!L~llg. wrumil.bring,a_s_hame and humiJ.ia.tlim.. tQ. .~ ~!.. 2~·~po ses him to .~n~:mp~ o.r ri<!i ~.~l~.... 9..rJowenL.hiA...diinity and !i~-.. :.r.~~ _p~C!__E..~!!_h Ulll~!l.P~i-~_g. . 6 U.S. vs. Pompeye1, 31 Phil. 245. ' Henlev vs. State, 41 SW 352; Dennis vs. Simon , 36 NE 832. 1 'U.S. V l>. Valera, 26 Phil. 898; U .S. v~;. Sing, 37 Phil. 211. See Weens vs. U nited States, 217 U.S. 349. snut ace Ibid.

Sec. 19 ART. III. -BILL OF RIGHTS 123 (2) /iJ.usm.t.ity o.r._.r:iJJ.r.aJ.i.Qll.JJiP.Ull~t. - It is ordinarily not take n into account in determining whether the punishment is cruel or inhuman. Hence, the mere fact that a punishment is displ·oportionate to the natul·e of the offense wo uld not make it cruel or inhuman. But all punishments greatly disproportionate t o the nature of the offense as to be shocking to the human conscience would be b oth cruel and inhuman. Thus, the penalty of life imprisonment or even death is n ot cruel nor inhuman when imposed for treason, parricide, murder and other heino us offenses especially when aggravating circumstances attended their commission; but it is cruel and inhuman if imposed for petty crimes like slander or theft o f small value. It is not to be lost sight of that to be prohibited by the Consti tution, the punishment need only be cruel, degrading, or inhuman. Purpose of the guarantee. The purpose of the guarantee is to eliminate many of t he barbarous and uncivilized punishments formerly known, the infliction of which would barbarize present civilization. 4 The Constitution mandates that the empl oyment of physical, psycho· logical or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuma n conditions should be dealt with by law. (Sec. 19[2}.) This cuntemplates the im proper, unreasonable, or inhuman applicatjon of penalties or punishments (Sec. 1 9[1].) on persons legally detained. Imposition of the death penalty. Section 19 abolishes the death penalty. It shall not be inflicted unless Congres s decides to reinstate it ''for compelling reasons, involving heinous crimes" in which case it shall apply only to such crimes subsequently committed.5 Death pe nalties already imposed upon the effectivity of the new Constitution were automa tically commuted to reclusion perpetua or life imprisonment. (Sec. 19.) The Cons titution does not define what are ':Q._e.jn.oul5..crimes" but they can be said t o cover offenses that are exceedingly. or .flagrantlf.had or.Wl o.r..t.b.qs_e .~ o.mmi.W~cl...w.ith ..~l'tr~-m~LqY..~U.Y. ..a..s.... to shock the _ggD~.r-~Lmoral ~· such as treason, parricide, drug-trafficking, murder. robbery with homicide, ra pe with homicide, killing a person in stages. etc., especially if the crime is c ommitted against children or defenseless people. 4See McEivaine vs. Brush, 142 U.S. 155. Examples of such punishments are those i nflicted at the whipping post or in the pillory. burning at the stake, breaking on the wheel, disemboweling, and the like. ~R.A. No. 7659 (D.ec. 13, 19~3) resto res the death penalty on certain heinous crimes and R.A. No. 8177 designates dea th 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 propon ents of th e abolition of the death penalty are of the opinion that: ~) It is cruel a·nd inhuman for the convict and family who are traumatized by the w aiting e ven if it is never carried out; (~ There is no conclusive evidence from penologists that it has a special deterr ent effect on criminality ; (c) It deprives the cop..via-ora.' chance of rehabilitation and reform ation, de ath being ir:t;⠬versible; / (d) There is always a possibility of\error in condemning a person to death;6 and \ (~ The state has no right to deprivh._~ person of his life; God is the giver of life and only He can take it. 7 Those who advocate the (a ) It is not cruel and inhuman because the manner by wh ich 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 h einous crimes; (b) It does discourage others from committing heinous crimes" and its abolition will increase the crime rate; (c) A convict by his own acts has forfeited his right to life and sho~n his mora l incapability to be reh abilitated and reformed;a (2) Arguments in favor of death penalty. retention of death penalty say: 6 Th is raises the question of making a judgment on which is the greater evil: t o take the life of an innocent person or to allow a vicious criminal to live and po!!Ribly escape prison. 1The Catholic Church has been the foremost advocate of pro-life movements acknowledging and defending the right to life. The Catechism of the Catholic Chur ch Cl992 edition>says: "The t r aditional teaching of the Church has acknowledged as well-founded the righ t and duty of legitimate public authority to punish malefactorR hy means of pena lties' commensurate with the g ravity of the crime, not excluding in cases of extreme gravity the death penalty ." (Catechism. Section 2266.) The 1997 revisio n on the death penalty states in relevant part: ⠢Legitimate public authority has the right and duty to inflict punish ment proportionate to the gravity of the offense ... . Assuming that the guilty party's identity and responsibilit.y have ~o fully det ermined , t he traditiona l 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 u njust aggressor." The new language basically cortveys the same idea as the 1992 edition. The doctrine, however, remains the same: th e right should be exercised only in cases of absolute necessity, that is, 'when it would not be po!!sible o therwi.se to defe nd society." In the Encyclical "The Gospel of Life" (March 25, 1995), Pope John Paul II declares that today as a r esult of steady improvement s in the organization of the penal system (No. 56), the cases of absolute necess ity are very rare, if not practically n on-existent. 8 Pra.ctically all human be ings fear the loss of thei r lives so that the death penalty cannot but have a p owP.rful deterring influence on humnn conduct. ~There is no statis tical evidenc e to prove that punishment by imprisonment alone has been effective for purposes of rehabilitatio n of criminals, particularly wit.h the subhuman con ditions in our penal ins ti tutions.

s~c . 20 ART. Ill. - BILL OF RIGHTS 125 (d) Its imposition is filled with numerous legal safeguards; 10 and (e ) The Sta te has the absolute right to take the life of a person who h as proved himself a great menace to society by way of self-defense and as an example and warning to others. H SEC. 20. No person shall be imprisoned for debt or nonpayment of a poll tax. Meaning of debt. Debt.. as intended to be covered by the constitutional guarantee, means any liab ility 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 wi th abhorrence on statutes permitting the cruel imprisonment of debtors. The Cons titution seeks to prevent the use of the power of the State to coerce the paymen t of debts. The control of the creditor over the person of his debtor has been a bolished on humanitarian considerations. One should not be punished on account c f his poverty. Mm:e.oxer, the..g.oy.ernm.entis..Jl.Gt a proper .par~ .to.. private disputes. It should not render its aid to one who deems himself aggrieved by ~mprison ing the other for failure to pay his debts. 2 .:But if the debtor has property, the creditor has the right in a civil case to have such property attached (i.e., taken into legal custody) as a means of enfor cing payment of the debt. . Rroh ibiti.o.n.limi.ted....to..cmltractual obligatioas ~The inhjbition was nev er meant to include (1) damages ansmg in action ex delicto (criminal actions), f or the reason that the damages recoverable therein do not arise from any contrac t entered into between the parties, but are imposed upon the defendant for the w rong he has done and 10 Although the death penalty has a lways been part of the ;;tatute book. specif ically the Revised Penal Code, a nd many sentences h ave been imposP.d , very fe w executions have been cttuied out. The first execution by letha l inj ection of a conv icted rapist was carried out on February 5, 1999. It was 26 y~ars ago du ring martial law ..,.-hen a military tribunal imposed the deat.h pena!ty by firi ng squad on the h ead of a dn::g-pu:;hing syndicate. He was shot in public. 11Th e State derives its authority ultimately from Gi:>d. ~ay not a criminal's right to life give way to the right of s<><:i~ty tc salf-defense'' 2 'Tan vs. Stewart, 42 Phil. 809. S ee Canaway V!; . Quintin, 42 Phil. 802.

imJ.g.. Right against double jeopardy. The r. No person s h all be twice put in jeopard y of punish· ment for the s a m e offense. debt . 3 !A pe.ight_gggj_~~t_Q. 1.. Meaning of poll tax. ( / ' The constitutional right is a m easure dictated by a sense of h umanity an d sym pathy for t he plight of the poorer elements of th e population who c)fnot even affor d to pa y their ced ula or poll taxes.tj Qp_g...!!UQ t. 21 are con sidered a s a punishment therefor. .fy:sJ~ means that when a person is charged w ith a n offense and the case is ter minated either by acquittal or conviction or in any other manner without the express consent of the accu sed. 3/bid .~J>.!l~.OY. 'See 51 Am. SEC. and for non-payment of other taxes if so expressly provided by th e pertin ent law.. If an act is pwlished b y a law and an ordina nce. without r egar d to their property or th e occupa tion in which they may be eng aged.failur~ to__ paJ!_t~ (as it is not a deb t). 9 . . whether citizens or not.. f~§if!c~. J ur.second punishment a s well as a second trial for t he s a me offense. People of the Phils . convicti on or acquittal under either shall constitute a b ar to anot h e r prosecution f or t h e same a ct. Rule 118. A p.fJh.e. p. In other words. Sinco. Rule 117.Q!_ej_egn.U'. the latter can not a gain be charged with the sa me or identical offe nse . op.9J. 85 Phil.alL Jax (or personal or capitation tax) is a tax of a fixed a mount im posed on individuals r esiding within a specified territory. 766.ity certific ate).5 t. r efe rs to civil debt o r one not arising fr om a criminal offen se.x:sr uuna.dJ.J. 682.:. Purpose of prohibition against imprisonment for non ~ payment of poll tax. Rule 116. . cit.4 The community tax (formerly r esidence t ax) is in t he nature of a poll tax .lli!?. 660. But a per son is s ubject to impr ison ment for violations other t han for non-payment of the commu nity tax (e.l:i. Sec. as used in the Constitution.e COm. nor ( 2) fines and penalties im~ pose d by the cour ts in criminal proceedings as punishments fo r crime. Sec. 1.126 TEKTBOOK ON THE PHILIPPINE CONSTITUTION Sec. lV. now community t ax. 1 Melo vs. Sees .G..X.. .1 The guarantee prot ects against the perils of a. 5. 21.

e. (.S. the accused is pJaced in double jeopardy if the following conditio ns are present: ()!} He has been previously brought to trial. 144 SCRA 43. 21 ART. It is to be observed that the provision deals with two classe:> of double jeopar dy. Sept. U. Und~r present law and j urisprudence. 195 U. j~p~r~Y~. do.4 <. 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 t o resist and which not only prevented the prosecution from offering all the evid ences which it would have otherwise presented. 1986.. sufficient in form and substa nce to sustain a conviction). the protection is against double jeopardy for the same offen8e and not for the same act." See Rules of Court. 1.~) Classes of double jeopardy.e. 12. after having been convicted.e. . 100. HI. ~ 1) The gox. 14[2]..eq.S. Rule 118. 726. (4) He has been arraigned (see Sec. 1. court having jurisdiction).S.er~ has no right. provided he is charge-d with a diffe rent offensetso an aci may give rise to more than one offense) except if the "ac t is punished by fl law (enacted by Congress' and an ordinance" (enacted by a lo cal legislative body) in which case -conviction or acquittal under either shall constitute a bar to another prosecution for the same act.. (~) He has bee11 convicted or acquitted or the case against him has been dismissed or otherwise terminated wi thout his express consent.n(:. 3 Right to appeal in criminal cases. Trvno vs..l) In a court of competent jurisdiction (i. Sandiganbayan. â ¢Kepner vs. Sec. exJste.Sec.. may appeal to a higher court. Ga lman vs.~ble.g. Rule 116. 3 2 . A re-trial becomes necessary.2 The right cannot be invoked where a petition for a declaration of a mistrial is granted on the ground that the proceedings . -BILL OF RIGHTS 127 B. Sec. but also predetermined the final outcome of the case.. 5. e.{1) Under the first sentence. U. and He is being charged again for the same offense. Sees. but the latter may raise the penalty imposed on him by the lower court and such is not secondjeopardy. therefore. of. Rule 117.y!sjt~~ tc:>r.have been vitiated by lack of due pr ocess..} and pl eaded (either guilty or not guilty) to the charge. (3) Under a valid complaint or information (i . to appeal from a judgment of acquittaL (tt} The Wd:Used. 11 Phil. 9.

il.iY .~ti~s. bill ofattaindg_r is a legislative act which inflicts punishment without a ju dicial trial. Meaning of bill of attainder.. and punishes such act. ~. opera ting retrospectively (rJ makes an a ct done before the passage of a law.f expo~t taJ:~o _Ia~.. They are: (}) Ex post facto laws relate to penal or cri minal matters only {c. and r et:eives less testimony than or d ifferent testimony from what the law requ ired a t the time of the commission of the offense. 1llegal const ruction) ~) The second sentence contemplates double jeopardy of punishment. No ex post facto law enacted. ~nd it applie s a lthough the offenses charged are di fferent. 1 CbaraQter_i~1iC~_9.9[p_gjft. or (~ aggravates a crime or makes it greater than when it was committed..tJMt.by the. to their disadva ntage.il.~$tl'UU. .uJJ J. the rate of interest provided in a contract which was not usurious under t he laws in force a t the time of the execution of the contract.128 TEX'rBOOK ON THE PHILIPPI NE CONSTITU'l'lON Sec. Meaning of ex post facto law. iQ. or bill of attainder s hall be An ~as. / SEC.. 22 for 'the same ac! (e . An example of an ex post fa cto law is a statute declaring as usurious a nd unla wful. the act is ca lled a b. and C~) They deprive persons accused of crime of some protection or defense previous ly avail able.. 'Ca ld~r 2 .£!l9~. crimina l. one constitu~i{ig a ~·iolation of a statute a nd the other of a n ordinance. G2) They are ret roactive in their operation.. 22...e protected. is one wh ich.. )1.WJR. or (3) changes the punishment and inflicts a greater punishment than what the la w annexed to the crime. when committed: or (4) alters the legal rule s of evidence. nan-impairment clan~). If the punishment is less than death. innocent when don e.d l It is included within the meaning of bill of attainder as used in the C onstitution.Q.~~[. 2 Not e: Usury i s no longer punish able by lcnv. E x post fact o laws are absolutely prohi bited unless they are favorable to the accused.g. in order to convict the otfend er.

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

3 Ql') A law passed declaring members of an association guilty of subversion and s ubjecting them to imprisonment is unconstitutional because it convicts and penal izes without the benefit of judicial trial.BILL OF RIGHTS 129 Purpose of prohibition against bill · of attainder. Hence. or simply. the U.oOo3 U. the Congress assuming the r ole of a judge and giving no hearing t o the parties. it is a necessary extension of the wellrecognize d power of the State to hold a criminal suspect for investigati(m. 78 Phil. 22 ART.S. Lovett. The prohibition against the enactment of bills of attainder is designed as a general safeguard against legislative exercise of the judicial ft.S. (1) In a case where a law passed by the United States Congress declared in une o f its sections that three government employees named therein were not to receive any salary after a certain date because of their subversive activities. 303. llL . 328 U. trial h)' legislature. ( ~f But the detention of a pri soner for a certain period pending investigation and trial is not a punishment.nction. vs.S .Sec. Supreme Court held that the enactment was in the natur e of a bill of pains an d penalties . 'People vs. 4 . 535. Carlos. the provision was void. .

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

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

foll ows the princip le of jus sanguinis. 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. Under the provisio n. upon reaching the age of majority. it would be a case of dual citizenship.'' (Art. l Citizens at the time of the adoption of the Constitution.) The phrase " upon reaching the age of majority" has been construed to mean within a reasonabl e period after reaching the age of the majority. 1987 by virtue of Proclamation No. he has an inchoa te right to Filipino citizenship. (see Sec. III. 54l: But th ere is no need to elect Philippine citizenship if during his minority his mother reacquire~ her citizenship. who was married to a forei gner. ~ Prior to such election. Citizens by blood relationship. However. 1948. he is a citizen 2 (1) Those wh o are citi:zens of the Philippines at the time of the adoptiâ ¢>n of th is Con stitution. 129. Generally. of Justice No. of Immigr ation.) aThose whose mothers are citizens of the Philippines and.1s of those who acquired their citizenship throug h fraudulent means. it is not the intention uf the Cons titution to legalize the stat1. The citizens referred t o a re those considered Filipino citizens 2 under the 19 73 Constitution at the time of the effectivity of the new Constitution on Februa ry 2. ilf the chi ld is born in a state where the rule of jus soli obtains.e nship. This dignifies the Filipino woma n. 11 4) th ereof. In the de termination of the citizenship of the child. in accordance with Section 1.) .132 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. a child born of a Filipino citizen is a citizen of the Philippines although i llegitima te since the Constitution does not m ake any distin ction. 80 Phil. . 4. Sec. Fili pino mothers are placed by the Constitution on equal footing with their husbands . (Art. Corom. election should be m ade within . 1. VI. elect Philip pine citi1. paragraph 2. 1973 Constitution .three yeau after reaching such age. ) Citizens through election under the 1935 Constitution. (2) Those whose fa â ¢hers or mothers arc citizens of the Philippine s. 'See VillahermoRa vs. (4) Those who are naturali zed in accordance with law. The purpose of Sec tion 1(1) is to protect the status of those who were already citizens at the tim e the new Constitution took effect. of Sec. Under the 1935 Constitution. The Philippines. 58 of the President. Sec. (3) Those who elect Philippine citizc:1ship purs uant to the provisions of th e Constitution of ninete en hundre d and thirty-five. S . (Op. or the chlld's fathe r or mother is an alien whose country follo ws also the principle of jus sanguini s. 1~73. is born an alien and remains an a lien during his minority unti l he elects Philippine ci ti zenship. )i'he father or mother may be a natural -b orn Filipino or a Filipino by n aturalization or by election. a child born of a Filipino mother.' If he is born after the ratification of the 1973 Constitution on J anuary 17.

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

Ju ne 22. Re public. 9 Ng Sin vs. Genera l Estelito P. 651.he policy on naturalizat ion should be gui ded by our own national interest. and no alien. 6 Meaning of naturalization. the rule is t hat in case of doubt concerning th e grant of citizenship. such doubt should be resolved in favor of the State and agains t the a pplicant for n a turalization. A person may be naturalized in three ways: (1 ) By judgmen~e:. 3. Fer nando. . Pol. For them. 265.134 TEXTBOOK ON THE PHIUPPINE CONSTITUTION Sec. An alien does not h ave a natural. He must have all the qualifications and·none of th e dis qualifi~&!e F.sowt.8 Citizenship in our Republic. .16999. an alien or grant to him under such conditions as it sees fit without the support of any reason what soever.e state and clothing him with the rights and privileges of citizenship. Jur. wche ng vs. 1 On the other hand. Law. 9 I n view of the above principles. 9A8. It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. 1965. and who can cont ribute to the development of the nation should be conferred c itizenship by naturalization. in ba rring undesirable aliens. can take such cit izenship for granted or assume it as a matter of right. inherent or vested right to be admitted to ci tizenship in a state. Perha ps the ideal is that only those who have come to love the country. who h a ve integrated t hemselves into the cit izenry .J. 8See 3 C. 832-834. 5 (4 ) Ideal policy on naturalization. too rigid an application of a naturalization law m ay prevent t hem from attaini ng Philippine citizenship. be he a subject of the most powerful nation of the worl d.. -The foreigner who wants to become a Filipino citizen must apply for naturalization with the proper Regional Trial Court.7 Nature of naturalization. Not only they but the country may be the loser. ll 5.T. Vol. 7 2 Am. or withhold fro m. does not unduly discourage the worthwhile aliens who a re likely to be valuable additions to the ranks of Filipino citizens. Mendoza. Rep ublic." by Sol. L. be it ever so small and weak. No. 97 Phil.M. 10 Ways of acquiring citizenship by naturalization. is always a privilege. IBP Journal. p. 270 and Naturalization . Phil. ⠢see ~LOI No.S. . p. extreme care must be taken that our naturalization law. Citizenship is a m atter of grace. favor or privilege whic h a sovereign government m ay confer on. 4. Na turalization is the act of formally adopting a foreigner into the politic~fi) ~dy·Of-tfi.

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

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

however. No. as amended by R. a Filipino citizen cannot expatriate himself.The voluntary loss or renuncia tion of one 's nationality is called ~xpatria tion. 2039.A..! 'Sec Sec. 63. 1..A. In time of war. 106. C . .-. No. and 3839.e armed forces in time of war.. ·.

.ion..uir~.~... 'l.CITIZENSHIP 137 Reacquisition of lost Philippine citizenship. and j~) By d. Citizens of the Philippines who marry aliens shall retain their citizens hipt unless by their act or omission they are deemed.t act of the Congress of the Philippines.. T 1 \ (!-<~· · ' SEC..~!!... IV.:cdl7<ri>L-.. "'(·:'1\e.J~.!l~.~<!~_r. Section 5 prohibits more particularly naturalized Filipinos from practicing what is called "dup.t . Under Section 4. provided the applicant possesses none of the disSualifications provided in the naturalization law. f'. rP. he/she acquires her/his nationality.till'JJ. 5.zenship.th. Qjti." such as (under an existing law) subscribing to an oath of allegiance to support the constitutjon and the laws of a foreign country.. ~e. The e~!!-~p_tiqn. wh~r~H~'b.r.l. .cir_ ru:Lor_... 1'?ftn~ '"' \'V 1JS .bav~ SEC. after the termination of their marital status. ~6epatriatiag. 4-5 ART.~' 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.unte.d . cih'ttl'IJ'I'l⠢n ~111 JKCJC<~>~~>fl:' . 4. "'' 1⠢1' I r\~ · . . Dual allegiance of citizens.9. " .Q: 2 (.1 t . who upon marriage to an alien acquires his citizenship...e..li~~.t~ 1\ (Jo.ir. Effect of marriage of citizen to an alien.ti .qt.Qf_d~s~u:ters of the Philippjne armed forces and women who lost their citizenship by reason of marriage to an alien. will possess two citize n~hips --Philippine citizenship and that of her husband.. .Y . A Filipino woman.W~-tQ.ds effected by merely taking the necessary oath of allegiance to t he Republic of the Philippines and registering the same in the proper civil regi stry.__t_h_~_l!:J.irec...t) By IJ:S.ed. deem. Dual allegiance of citizens is inimical to the national interest and sha ll be dealt with by law.Z.the.·~ '[\-.): .J1 fr.ru>.Sees..l all~e" which refers to the continued al1egiance of naturalized .omissiruLthey areH .~'~~ ':. to have ren ounced it.P. under the law.3 ~2) By r~~tr_iatiQn .ci..SN.

9225 ·cn(ro ⠢ allows natural-born izens to rt>tain their ~:iti:z.. .A. :\c.nationals to their mother country even after they 2 Commonwealth Act l':!P· 63. the rn11nner by which Philippi ne citizenship may be lost and rt>acquin⠢d. 63 undt>r which natural horn Filipino$ who become n<Hura lizt>d citizens of another country automatically lo!. amending C. g<m:>rr.'itizemh ip. No. as amended. RA..e their Filipinu f.A. -tn.cnship aft"r being naturaliz('d in a for<>ign cou ntry.. No. ~c.

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

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

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

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

M.v. Amidst the continuous clash of interests. op. It is ever guided by reason and th e uprigh t and honorable conscience of the individual. 835-836.l 2 The c lassical theory that "he who uses a right injures no one" is repugnant to the mo dern concept of social law. it is not permissible t o abuse ou r rights to prejudice others.Employment is not the obligation solely of the State. 5 and graft in the community without even taking any step looking towards their er adication. 19. Prov. 'l'olentino. "3 Colin and Capitant. It is only freedom from r estraint under conditions essential to the equal enjoyment of the same righ t by othcrs. a9 Phil. National greatness never springs IOJbid. Tolentino. who h as such a distorted sense of civic values the. -Society is composed of men . For this reason . p.t sv long as his selfish pursuits are not molested. act w ith justice. Sec. Board. II. each with interest of his own." He must. Tole ntino. See Art.) Every citizen should considei· it his own responsibility and should strive to becom e a useful and productive m ember of society to assure not only himself but. Thus.g. cited by A. The right to liberty guarant eed by the Constitution is not an unrestricted license to do exactly as one plea ses. 10 ~~) To exercise rights responsibly and with due regard for the rights of othe~s. 267-26 8.M.142 TEXTBOOK ON THE PHTLIPPINE CONSTITUTION Sec. in the exercise of his rights and in the performance of his duties. 660. in the ultimate social order. without any advantage to himself.. . "The essence of Jife is work. in order to deprive his neighbor of light and air13 or to prevent the latter from having a view over the nearby sea. (see Art. his family a life worthy of human dignity. per haps. Every citizen should bear in mind that only by hard and sustained work can men and nations live and survive. 56. 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. the interests of man conflict with those of many others. In the course of life. 1 ~Von Tuhr. more important. t he ruling social philosophy should be that. URubi vs. 14 cannot argue that he was merely doing what he had right to do under the la w with his property. 12 Jijfbi d. cited by A. 9. In the words of Mabini." 16 (7) To engage in gainful work. give everyone his due and observe honesty and good faith . the own er of a piece oflan<i who erected on one side of his property a very high wall. This act is wrongful and c annot be justified by pleading a proprietary right. he does not give even a thought to whatever h appens to his neighbor or to his fellow citizens for that matter and who does no t care a bit whether there was ever such a thing as "government" or not . ' .. the welfare of every man depends upon the welfare of all. M. "liberty is fr eedom to do right a nd never wror. cit. Civil Code. 1 'A.

It carries with it the duty of using mature and independent judgment and reflection on the issue s presented and/or the qualifications and fitness of aspirants for public office . In our form of government. the voters should judge candidates on the basis of personal a ttributes (who he/she is). especially those for President and Vice-Presi dent. upon the voters. op. They should look beyond their p hysical attributes and flamboyant rhetorics and what their propagandists make th em appear to be. of course. 5 ART.Suffrage is both a privilege and a duty which every qualified citizen must perform. educational background. indeed the success or failure of the government . 18 /bid. platform (what he/she stands for ). . The constitutional obligation is not complied with simply by registering and casting a vote. "If exercised with purity and noble purpose. that employment opportunit ies are present. and sincerity to serve the people. it is the security of popu lar sov ereignty. directly or indirectly." 1 7 It is assumed. The quality of public officials and the policies of the administration." 1 ~ The people are the arbiters of th eir destiny. their experie ace. Laurel. . r. because the election of the wrong candidates could adversely affect the li ves of our people and the destiny of our nation. t hey m<)St certainly deserve the kind of government that they get.P. 4 1-45.ited. if perverted or basely surrendered because of mone y and favors. IV. where the conduct of public a ffairs is regulated by the will of the peopl e or a majority of them. capability. the importance of suffrage can hardly be overemphasized. scrutinizing their track record in public office. The voters should particularly be discriminating and even skeptical in evaluat ing the credentials of candidates. threatened. and leadership qualities. for without them . expressed through the ballot-box. It is through suffrage t hat the will of the people is expressed. as well as their lifestyl e to get a true gauge of their character. or bought. -CITIZE~SHIP 143 from the cult of ease or self-complacency but from the crucible of grim struggle and patient industry. In short. (81 To register and vote. "it serves instead to undermine the entir e edifice of our democratic institutions. and track record (what he/she has done). and if they allow themselves to be fooled. depend. On the other hand . .oOo1 ~J. full compliance with the constitutional mand ate cannot be expected.Sec." or apathy of the people to the need to guard and protect their vo tes zealously against election frauds. pp.

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

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

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

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

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

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

16/hi d. A. cii. pp.p.. . ~'~Ma gu era ' ~R. 252-255.

uffrage. The 1973 Constitution made registering and voting a mandatory obligation of ever y qualified citizen. for instance. supra. they feel. . op. op. Furthermore. compulsory suffrage is the only way of assuring the accurate representation of the will of the people.common to see political leaders dragging. . it is doubtful whet her the failure to perform the obligation to register and vote can be criminally punished. In view of the permissive language of the Constitution. the participation of the people in the government t hroug h the ballot is more important than the result of an election or a "Article VI. It should be noted that p eople are more prone to sell their votes if they depend on politicians to bring them to the polling places. 18 Even assuming that the voter has the r ight to invalidate his ballot by leaving it blank. This shameful spectac le will not take place if suffrage were an obligation. If suffrage were not exercised then. In the long run . In the Philippines.Those who are against any system of coercive voting say that it is not only undemocratic but that no useful purpc . 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 Constitut ion.c. cit. and that 1ndividuals forced to exercise suffrage might do real injury to t he public good by voting blindly and unintelligentlyY There is no means of compe lling a person to vote intelligently or to study the personalities and issues in volved in an election. Scctior> 4 of the 19n Constitution provideE>: "It shall be the obli gation of Q\â ¢ery citizen qualified to vote to register and cast l1is vote. the theory of popular sovereignty (supra. 1 !Yl'he !. 1 Compulsory suffrage.. p. on the other hand.The proponents of compulsor y suffrage. tP. the matter of coercion.\1anila Time. Once inter est is awakened by actual parti cipation. 257.150 TEXTBOOK ON THE PHILIPPI:--iE CONSTlTUTION Ser. contend that a requirement that would force an ap athetic 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 pe rsonalities involved in the election. Should voting be made compulsory? (1) Arguments against compulsory .Jacobse n and Lipman. 19 (2) Arguments in favor of compulsory suffrage. cit.their constituents to the polls on election day. p.se would be served by dragging the people to the polls against their will.) would become a m yth. . 87 . p. 32. Guide. would become a secondary motive." 17 Schma ndt and Steinbicker. 1 . still it would prevent those who feel strongly against the candidates or the particular manner of holding a n election from expressing their moral ind ignation by openly boycotting the election and persuading others to follow suit. They maintain that it is not the size but the quality of the vote cast that is impor tant.. it is not u:::~.

' It is essential then to insure that the voters !'ha ll exercise their right freoly .!···. and su~inbic kc-r.. Romulo...hi~('m ent of the illiterates and the cxis tcncl' of many difla bled voters . no definite study has as yet been made of the effects of compulso ry voting in any of t he countries which employ it. 2 6 Phil. 257 . The Congress sh all provide a system for securing the secr ecy and sanct ity of the ballot as weU as a system for absentee voting by qualified Filipinos abroad. this responsibility of the legislative body assnmt':> mor l' impor ta nce. ⠢o f nwnt.hP. . V.SUFFHAUE 151 plebiscite. .o vote has r efer ence to a consti tutiona l gua1·antee of the utmost s ignificance..jc.<~ the.<..ivo n>tmtries with ro:~·ri·. p.an v. l"i! ..'y de t⠢ot havc to ⠢ 2 wr·it e 0 (\tnes of candidat<⠢s on tht' bt~llot.. "r>.ir \" ict:~ry at the poll s.e amon. to prev1mt th ~:: m fr<n1~ i_.:!<) SEC. The sanctity of the electoral process requirflS secrer~: of thevote. the c<. Sec_ 1.h()o. 2. It.) becomes nugatory.rm..right of suffrage. :.! G:\rdine-r v~. there is no way of ac tually determining whether the obligatory franchise improves or d etracts from r epresentative government. without which the principla of sovereignty residing in the pc~opl(~ (Art. 521. !<. L<:-.:ors m t:~rely pnsh button. The Congress shall a lso design a procedure for t h e disabled and the i lliterates to vote without the assistance of other persons.:·:: i :⠢.~..t·cr.'\·i. 'See Pungut. 2 ART. -. t⠢Jn ma ny progres.. mak~ possible a government install(>d Unfortunately... Until then. II .." 2 To accomplish this aim. ordcr l!l vot ~:: Lhf. :' ~"Schmandt.. Congress is dir('cted by the Constitu tion "to provide a system for securing the secrecy and sanctity of the ballot. Hence.:ed to:·· make it possible for disahled a nd illiterate citinms to cxcrci.c. is a right.. "uninfluenced by th reat s.t'ing manipulated by unscrupulous politicinns to insure t." With the enfranc.. Ahubakar. The right t.J.ln. intimidation or corrupt motives" and "to secure a fair and honest count of the ballots. they sha ll be allowed to vote under existing laws and such rules as the Commission on El ections may promulgate to protect the s ecrecy of the ballot. without requiring t he assistance of other persons.SP.r. :.: or <. Perhaps . L-:3illi4l. System for securing the secrecy and sanctity of the ballot. A defaulting maj ority will only by a voting mia01·ity. Con g1 ·ess will have to enact a law prescribing proc:t>dures that wi ll enable the dis abied and the i lliteratcs to secretly cast thf!i r ballot:.he vot.. lr. a method of voting by symboli' may be O(.

.

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

: '~~· .. ... . '⠢" ⠢ ⠢ .. ·f .' .~ ' ··j . . '⠢ ' ' . . .

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

4 Disadvantages of bicameralism. provide>~ a r~?. Note: 'l'here is a daml)i' from several sectors to amend the Constitution to rep l ace the pres en t prcsidentia i form of government with a federal unica meral parliamentary systl:'ul. (3) It ests.econd chamber (Senate) is nccel'. By granting th t~ legi ::<lative power to the Congress of the Philippines which is a double-chamber body consisting of the SEmate and the Hou~e of Representati ves.g from ancient ti mes. as sueh. (infra.154 TEXTBOOK 0~ THF. il has be en tested and proven in the crucible of human expe rienc e. Among the argumentA propounded in favor of bicameralism are: l. .lJ A ~.pres entation fo r both r·. ) Advantages of bicameralism. PIII LIPPI~E CONSTITUTION Sec.:·1 The 1935 Charter alsCl C lStnblished a bicameralleg islntnre.uti on .sm·y to serve as a check to ha::>ty and i ll-considered legi slation: C2) It serves as a training gr<mnd for futu re lenders. and legi~la t ur<~ i!' l es~ susceptible t o bribery and control of (5:1 It is the traditional f<.~ gional and national inter(4) A bicameral big interests. a hjcameral legislRture has been created in place of the unicameral set-up provided in the 1973 ConRtit.lrm (:!f legislatiYc body dHti r. 1 Legislative power vested in Congress.

. nci prompt ~ction in int~1-csts.<:s t h a sty and ill -con sidtr ed Je gis lnti<"l.e m of ~overnmcnt .⠢⠢d the prns1:nt.t.:.> an~: it is morn ~.. ag ain~t it <He: ~ et.\llnmit.sion .Some of the argument.Ck aga in..orkGd out a s a n effective fi::>caUzin g (2> Although it affords a double consideration of bill s._C. <:l<·t'ln<~d mr. "Con .ru:c. (1 ) The bicameral machinery. (3) It p1·oduces du plicatio n of efforts nnd serious of!. ~tnd it i.wcvt-r.. It w <⠢~ r<> tained with t.⠢:. Its cli saduanlag⠢⠢.a s il y tixl' cl: o..⠢ irlered the ad.c-~ of hoth l egLJ atur ~.rc s u il. 'rh-: Constitutional Co mwi ..-hil:h clraft. . titutio al· ed 23·~2 in fnvor ef bicumerali~. fM <lllr. ·' 1886 UPL C0nslirut i⠢Jn l'roj t~c t. Legi~ lative l>f.>OJI/op.1: thern i. 1111 ch P.'partm<:nt. of lt u ni< ·:unE.<rble t o a parliamentary .up has not .hf! instituti. Co n~..iden~d and be tter deliberated legislation. more su sceptible re~pOII!lihil ity is P.adlocks in the enactment of important measures with the Coufere.~ ar.~ys t.. 6 -8. pp.hnent.m .m of ll m cHiiliPd parlia ment..ary syst~m by the 19kl c⠢mstitution<) l !HIH:rH..> plir>g· a unicameml ll"jpsl aLun⠢ in the 1973 Co itu· LiN1 i:: th:\t· it wa:..conomical · legisla t ion is a('h ieved .'r:> t to the infl⠢I\-n ('t> of big The main !'Cn⠢wn. it is no assurance of better com.c:. hc..

Cabangi!>. COMELF. except to the exte nt reserved to the people by the provision on initiative an d referendum (see Sec. . the legislative power of Congress .~ . '·⠢ to promote social justice ' Ra mon Magsaysay and Dios dado Macapagai 1 ' 1986 UPL Constitution Project.Sec. H-11.. VII. Hence. pp.Jat~~. derisively called the "third chamber. Sec. 32.2fi£q_p~-~l!!.. 6 Scope of legislative power of Congress. 15 Phil. (4) All things being equa l. RQ cc cna vs. 626. (2) &?!!. Lc gislattn Depa r~:nent . Sec. 1.I t is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the indiv iduals and the State.it is not contrary to the Constitution..r. Ptg§_q..Q . The latter's l egislative powers are confined only to those granted by the Federal Constitution . a nd as to the clai m that a Senate is needed to provide a training ground for future leaders.9. Congress can enact any law as long a5.LEGISLATIVE DEPARTMENT 155 Houses. par. however.he Cons titu.C. it is more expensive to maintain than a unica m eral legisl ature.W. may be characterized as plenary or general (not enu merated) subject only to specific limitations in the Constitution. two o f our Presidents5 became chief executives even if their service was confined to the H ouse of Representatives.titu t.£ourt.iQ.W_g. A grant of legislative powt1r means the grant of all legislative powers7 for a l l purposes of civil government.p.oos. Vl. and (5) The prohibitive costs of se natorial elections h ave made it poss ible for only wealthy individuals t o make it to the Senate.. powers not granted or powers that cannot be reasonably implied from the granted power s are denied to the American Congress.ro.Ge_71." practically arrogating unto itsel f the power to enact law under its authority to thresh out differences.11. to confirm certain appointments by the Pr esident (!bid. 16.k. ·.rion expressly dire cts or authorizes Congress to exercise like the power io choose who sh all becom e President in case two or more cand idate. 70campo vs. Th e pow ers of Congress may be classified into: (1) .o._~mU?gj§. .:: have an equal and highest number o f votes (Art.li:!..nal.e d_by a competent . has also expressly given it powers which are non-legislative in character.i~. Classification of powers of Congress.§.). . Th e delegate d powers of our Congress are broader t han the American Congress. 8 Accordingly. :::c. Aquino is a plain housewife witho ut any ex pcrie nc:(⠢ m tht: goq~rnment . 1 ART. Unl~othru:wisedecre.·a. 4.They are powers which t. The primary function of Congress is to legislate. President C. The Constitution. -t.

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

cit.G. Sine<'.inherent powers of govern men t " u nd(!r J\rtirle III. Sect ion 9. p. :H-!0. "V. . Jur . !tll Am.See "Esscntin i o. op.. 12S..

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

2. with. S EC. as may be provided by law . . (b) at least 35 years of age on t he day of t he election (i.) (2) Term of office.the Supreme Court as the fin al arbiter may declare legislative meawres or executive acts unconstitutional (Art. at noon on the 3 0th day of June next following their election. the regular election of Senators shall be held on the second Monday of May. an interruption in the continuity of his service for the full ter m for which he was elected. SEC.. 7[2]. 10. (Ib id. (3) Qualifications.).ec . on the day of the election. 2. 4. (Sec. No person shall be a Senator unless he is a naturalborn citizen of t he Philippines. The Senate shall b e composed of twenty-four Senators who shall be elect ed at large b y the qualified voters of the Philippines. 3 and 4. a registered voter. 1. . at noon on the thirtieth d ay of June n ext f ollowing their election. the members of the Supreme Court and judges of lo\ver courts (Art.It is six ( 6 ) years. Sec.). The tenn of office of the Senators shall be six years and shall commence. 4. (Sec. They are elected a t large (nationwide) by the qualified vote rs.e.'determine whether or n ot there has been a grave abuse of discretio n amounting to lack or excess of jurisdiction on the part" of Congress or the Pr esident. .) except that the hour a nd date of commencement of their te rm of office cannot be changed by law. 8. Voluntary r e nunciation of the office for any length of time shall not be considered ac. as may be provided by l aw. Sec. No Senator shall serve for more than two consecutive te rms. VIII. Sees. . in turn. VII. and.) The Constitutio n has a similar provision with respect to the President and Vice-President (Art. VIII. and a resident of the Philippi nes for not less than two years immediately preceding the day of the election.). par.. unless otherwise provided by law. unless otherwise provided by law. (1) Composition and election.a nd impeach the P resident and members of the Supreme Cour t. par. Sec.. 2-4 judges of lower courts (Ibid . 4L21.) Unless otherwise provided by la w. Sec. day of the balloting).158 TEXTBOOK ON 'l'HE PHTLlPPINF. ) SEC. is at lead thirty-five years of age. 2. 2. ( c ) able to read and wri te. Sec.It is composed of24 Senators. 2. able to read and write.The judiciary . It shall commence. 3. (_. . XI. 6. .A Senator must be: (a) a natural-born citizen of the Philippines. -determine the salaries of the Pres ident a nd Vice-Pres ident (Art. VII. (Art.) and). Sec. The Senate. CONSTlTUTJO~ Sees.) (3) Checks by the judicia ry.

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

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

which in the past made it imp ossible for qualified and deservin g individuals to enter t h e le~.Le. < Sec.lou:sl y for more than nine 19) years . at noon on tlH! 30th day next follo\ving their ele ction.. the politi::ian managed to accumulate much weahh and to set up his own formidable political machinery such that in m any places t he people could not freely choose their candidates because tht>y Wt) l'C coerced into submission by "profes~ional politici :10s'' who had be~:ome powerful on ac count of long t enure. 5-7 t\RT.. a nd alm ost absolute power. T he shorter term of three (3) years is expected to make the re presentatives more respon1-.3l_conse.-.) The House of Representatives is intendt:ld to be close to the peop le . they would not have to wait a long bme for the opportunity to co rrect th e mistake by withholding a new man date. (b) at least 25 years of age on the day of the election. (see Ar t. XVlll. 1.2 Again.pre~.Sec. a representative cannot servn cont1n". unle ss otherwise provided by law.l. Number.'i slabve sc 1 ·virc.~!_y e_ar s.te.A r epresentative must be: ( !l) a natural-born citizen of the Philippines. ) Congr ess is not empower ed to modify the above qualifications.. X I.l_i[i~(l_ii_ons~.cuti::. It is a lso consistent with the constitutional policy of accountability.) If the people had made a mistake in their choice of the incumbe nt congressman.ive and sensitive to the needl'i of their constituen ts. (3 ) qua.) Under the Constitution . Se\:tioH 2 . howeve r.d) except for a party-list representative. election/selection and classification of members. VI. Th e samt~ may be increased by 'The < requirement t<hould not app ly to age :sector.-· LBGlSLA'I'lVE DEPARTMENT 161 (2) Term of' office. 2._-q_t_h_r_~~ -(. (s~c. able to read and write. The term lim its for electt'd public officials will level the playing field for canchdates espeeinlly f(⠢r newcomers to the political arena.hc youth .:ms.:. and (c) a resident the reof for a period of not less than one ( 1) year preceding th e day of the election. -The pro\'i:sions are the same as tho:se for Senators except that the limit is for Llt:. par. (Sec. . After some r eelections. rr. Sec. .ntarivcs appointt>u frorn t. Art. the purpose is to prevent the growth of political dynasties or wardlordism. to begin al ~:>o. 1 (~) (. (Sec. ( 1) The Constitu tion limits to Zli_Q. 1 "See.terms which in our country have come to con note guns and goon. 1. ~~-t~z:_c_<:__!.1 ~. a r egistered voter in the dis tric t in which he shall be elected. 7. 7 . (4 ) Maximum ter ms. par.?. 6. 5r2].the maximum number of member i'> the Ho use of Representatives may have.L1Jlore_ tha..

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

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

Kinds of election for members of Congress. except the religious sector. It will foster the rise of non-traditional. labor. one half (1/2) of the seats allocated t o party-li st represen tative s shall be filled . mini ster or other !t eci religiou. .s. Bulletin .Ctorl'> for the first three (3 i consecuti ve t erm. provide otherwise. youth a n d s uch other sect ors as may be provided by law.e.. say a farmer . .hcr. the regular election of the Senator s and the Me mbe rs o f the House of Repre sentatives shall be held on the second Monday of May. politi cal parties and gn~ater participa tion for \'arious interest groups.ent at. L9J Ma_ y. it is expected tha t enough of the people or ganized sectorally < e. to win in an elect ion . 8. that they ~hould compete in th~~ regu lar p arty-li.. one was that t hcy s h ould he as!< ured of rese r ved seats in th~:~ H ous e of Represen tatives tind the ot. by la·w. urba n poor. --It shall be held on the S £~n~I':fonda. from the la bor..) to qualify fur r epr«:scn ta linn in Congrt:. 9. A priest.l!!. B<: rnas . 6 <3) Need {or sectoral representation. laborer or public school teach er . "Th{: a lloca tio n of 112 of party -l ist rep rescntativ⠢~s t o t h e disadvantagHd !<P.J(laqu in G.ii~jous A or. a nd urban poor groups) will be able to win scats in the House of Representativ es under the party-list system a nd those who are not organi zed hut wish to be represented in the H ouse of Re pre sentatives will he for ced to organize and.. conlesce with ot her groups in orde r t o have representa tion.) The fi r st. part y-list elect io n un d!'r R. 1988.t sy8te m just a s a ny ot. not to ment ion genuine grassroots consultation . There ar<> two <2) kinds of elections for members of Congress . (Sec. 3.. ) If the election is held ~w hai is prohihitcd is r cpresentc ion of a ny . However.A. farmer.IPPTNE CONSTITL'TIO N Sees. by selection (i.o f vacancy in the Sen ate or in the House of R epresentatives. ga rncr~· d ~JHJugh votes (at least 2'1<. SEC.·. maybe .?~J!. . appointment) or election. namely: (1) B.. !\fah il:. Unless oth erwise provided by law.u. Congress may.164 T~~XT BOOI\ 0 :" TI-ll<: l'IU\. April 29. After th ree (3) consecutive terms. }f)q !) l wa" lwld d uring th e May 11... indige nous cult ural communities . dignitary may beco nw a sct~tora l rcp re..g.J.. women.~~lC!:. for the first three ( 3) consecutive terms from the time the party-list system ha s been in operati on after the ratifi cation of the new Constitution. No. i\'l' of a ny oth er sC'ctor. as provided by la w.. . 7 94 11 Mar.he r party or lll'ga nization. a special election may he called to fill such vacancy in the man ner prescribed by law. is a com promise betwe'o'n two (2) vie ws in the Cons tit utional Com mission. S. In case . 7 SEC.Sectoral representation is necessary bec ause it is almost impossible for .. 8.. peasant.~!io n . 1998 n ationa l clcctiOH:L Only 12 of tlH' 12 1 m·g anizatio n:. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. 8-9 but for the regis tered par ties which will be entitled to such n umbe r of se a ts depending on the pe rctmtage of votes rece ived.

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

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

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

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

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

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

pecial sessio ns. .es of E.

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

1 7. issue subpoenas. 16(2J .t~i:la1[£lus one of the members of a .leas. 12l2) t hereof.. 6 SCJ{A 1042. however.4>-.ty_of e ach House" shall cons titute a q uor um to do business (Sec.!. they pres ide over their sessions._ rgxTBOOK ON THE PH1LIPPlN£ CONSTlTUTION Sec. C uenco. 29.1 ~" . 3 C nder the 1935 Consti tu tion which has exactly t he same provisio n IArt.51nd on whom tb. r esolutions . !!!!.w~r. (Ibid. the basis of the quorum is not the number of all the members w ho constitute the entire m embership of each House. no coercive power to enforce its authority and command.3 Adjournment in absence of quorum.) This smaller body is competent to issue orders for the arrest of the absent members a nd t o choose a n acting Senate P resident or Acting Speaker as an emergency measure. There is a differ ence between "a majority of all the m embers" of a body and "a majol'ity" of the body.AJnru. and discipline them. at. Under the Constitution. 2 Ordinarily.. decide a ll questions of order. VI. Meaning of quorum. Members suspended or otherwi se prevented from participating in the functions of either House or who fo r the time being may be outside the Philippines a nd on whom Congress has . Dec. implied from their position as a dministra tive hea ds a nd presi ding officers of their respective cha mbers. a smaller number m ay adjourn from day to day and may compel the attendance of absent members in such manner. a nd a ppoint personnel . as each House may provide.e !!~~~s.and <·omala!l!h. Tayo.. i!. 305.). 1962.Jlufur.) 4 lb id.: i. orders a nd warra nts.cc. ". vs.such. ther efor e. 4 See 51 C.1 In other words. In the a bsence of a quorum . s hould not be counte d. ~Jovellana 1 .!g.AllLho. 16 are . it was h eld that the basi~> of the quorum in the House of Representatives (the h>wc1· chamber) is the nu mber of th ~ mem ber:. 83 Phil. sign a cts . and under such penal ties. Und er Section 16(2). a quorum is body.u_t):le P hilippine s . preserve order and decorum. lAvl<lino v:s. the latter requiring less number than the former.~ !I. who were withi. <:Qer_~i~_ru. Sec.J:i.-···-· Basis of quorum in each House. As .J.Qri. A ~uorum is such a number of the membership of an a ssembly or collective body a s is competent t o transact its business. Other powers may be given t o t hem by the rules of their respective Houses for purposes of efficient sta ff s ervices oflegislative work . it is that number tha t makes a lawful body and gives it power to pass a law or ordinance or do any ot her valid corporate act.) duringit~--sessions: whether regular or special .

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

(lf all th~ members of each House is necessary.e.__~. 'fhe courts arc not authorized to control.of salary. Art. It is so-called because the proceedings a re entered therein in chronolog ical order as t hey occu.) ' .a tional security. 604.thir<. VIII.. 11 Cu!..take.~nsio n. . and they a re permanent to assure t hat rightsYSee Alejandrino v. c i t()n in Montgomery vs. l.u. 5 1 L. <1 01.." (Sec..e.lli. A]t. 1. 16 Punishm. ~. The jo urnals fulfill t hat role. or forbid t he exerci!'le by Congr ess of its power to punish a mem ber for disord erly behavior .g_i~.Pl.emblies.d. Senate._£X. ---. .?t61-"dj ··-··----------. 1 25..riman.forfcit. They a re public because all a r e required to confi) nn t.Q.ll~i. 10 See French YS."11 Purpose of journal-keeping requirement. .. 863. Sec. Gasto n. The record is frequently spoken of in t he plural as t he "journals..mP..~~L6ii~ciRY. th e people are deprived of the opportu n ity to elect a replacemtmt for the period of the suspe nsion. Penda t.n.. 10 (see ._ . in its judgment. par.. f itte i.⠢..u n .. affect n.: n_al is defined as the official record of what is done a nd passed in~ i"~g-fslative assembly. however.the . 46 PhiL fl:{ . and from time to time to publish the same. b u t because the matter m ainly depends on factua l circumstances of which said body knows best..en t may . oLr.form. 146 Cal.J Meaning of legislative journal. the concurrence of b&:o.!l)_e n_h_~spensiop__.9~ Votes required. It must ne cessarily be the sole judge of wh at constitutes disor derly behavjor not only b ecause the Constitution has conferred jurisdic~i on u pon it.RA. from day t._ Quezon.h ing.o day.-. 16[ 4].excepting_svch paJ::t. a vacancy d oes not a rise and consequ en tly.la tive jouJ.~.:.ti~'!.s as may. _ Th e object of the requirement is to insure publicity of the proceedingJS of Congre ss. .. Each House sole judge of disorderly behavior. and a cor responding r esponsibility of the members to th eir r espective co n s tituents. revise.-.. Law anrl Practi~ :e in Legislat ive t\s.174 TEXTfiOOK ON ·rHE PHlLIPI'INE CONSTTTUT'IO~ Sec. 9 An in definite suspension is considered worse than expulsion in the sense tha t in lhe former. 109 P hil. The Constitution r equires t h e Congress to "k eep a journal of its proceedings . . 126 A\11.ur. Reasons of public policy d~mand a recor d of the actuations of a l egitlla tive body kept in permanent form and open to p ublic inspection . If the penal ty iU:QR. Osmei'ia v:.o them.--l f-ach Hou>w hal> no power to suspend a member for an indefinite period ofttme.. :{96. this sha ll ~-. _.. 'fo s uspend or expel a member.

.. .

During the :::. . 26[2). . (Sec. at t he r equest of one-fifth of the members present {]bid. . The Senate and the House of Representatives shall e ach have an Elector al Tribunal which shall be the sole judge of all contests relating to the electi on.Id vs.S. 16[5]. VI. The Constitution requires the following to be entered in the journal: (1) The y eas (affit·mative votes) a nd nays (negative vote~) on any ques· t ion. 24 Phil. (Sec.) Each House shall a lso keep a Record ofits proceedings. (see Sees .).essions of Congress. 2'7Ll]. Sec. a House can delay or h old up the work of legis lation. lf. 16[4 ]. (2) The yeas and nays on the passage of a bill upon its last reading (see Sec. E very bill passed by either House has to be voted u p on by the other before it is prescntfJd to the President for approval. 27l l ]. Without the consent of the other . 2 6(2].) Without the rule on adjournment. 17 AR'r.~..5. and (i)j The vote of each member of the House of Representatives in impeachment case s. fH9 . (Ib id.). XI.) SEC. . Pon. returns. such vote be recorded so that the people may know the stand of their representatives on a particular measure. 729.) Adjournment by e⠢ther House without consent of the other. vs. 143 U. and qualifications of their respective Members. either House may adjourn for not more than t hree (3) days. Clark. 12 Matters to be entered in the journal. it cannot adjourn f<n· a longer p eriod or to some ot her place than that in which the two Houses sha ll be sittin g.) ev en in the abs ence of a request to that effect as it is of great impor tance that.c. th ree of whom sh all be Justices of .LEGISLATIVE DE PART~1E~T 175 acquired upon the faith of what has been declared to be the law shall not at som e future time be destroyed by facts made t o res t only in the memory of indivi duals. 11 See FiP. (see Art. Each Electoral Trib unal shall be composed of nine Mem he rs. (4) The yeas nnd nays on the repass age of a bill vetoe d by the President and the names of the members of each House voting for or agai nst (Sec. 17. ( 3 ) Such other matters which each House in its discretion m ay direct to be so entered in the journal. ..) Matters which in the judgme nt of e ach H ouse affect national security s hall a ls o have to be entered in the journal but they shall be excepte d fro m publica tion.SP. 3[3]. ..

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

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

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

e of informa tion respecting the conditions which the legislation is in te nded to affect or changf).tifying lu~fl⠢re it. 29. 'lArnault vs.t.. ' In order to di. -.N1' 179 Power of legislative inquiry and investigation.. 8 6 Ph il. 199.:~ produc-es· Scope of the power. U likcwisP.f any P<~ l'. So.incrimination. llld .2 abseii. dopend on th e whim s and caprices of the membe!'s of the investigating committee. of~inquiri cs" t o gathe r bcti' l O niu <!i ther House in its legis lative function . cit. tit. to enable Congress to dii:~charge effectively its primarily legislative or lawmaking functions. Each H ouse i s required to publi sh the r ules of procedure to be followed in said inquiries for th(: guidance of any person who may be summoned before it.he power to investigate as it is an essent ial and appropria te auxiliary to the legi sl<~tive function.. both Houses arc div ided into CommitlP. Congress may exercise t. Congress has the power to punish for co ntempt a person ⠢vho r efu ses to give testimony or in formation p()rtinent to the i nquiry within its jurisdiction . this power has been abused by some legislat ors hy making it an instrument of oppression. ( 1) Sound legit-dation.g. In the past Congress. Sinco.1rt.tud~·ing ch(' great num ber of hills filed. as in the court!S of the (:onstitutional rights (e .~.. Even in the absence of the provisio n. N<t zare no.8.·This incidenta l function of a legisla tive body ·ot ht~ t· deH1rabie resul ts . ( 1) lii.ce (2) Other desirable bem~fits .. up. rights against sel f. Thus. McGrain v><. op. tbe word "in ve~tigation . is a mi. 21 AR'r.' justic~.r s erves only the purpose of legit imate inq~iry. and where the legisla tive body does not it sel f possess the req uisite information .on t e:.~ boyond the scope (I( the power to fin d probabl e cau~e or guilt r.:. . .The power of inquiry and inv estigation4 exists n ot only. etc. ~eg. They can l:llso help crystallize and influence publi c opinion on important issues.LEUISLAT I VB DEPARTMF. been shown by fact s brought out in such hearings that warrant its inco. enable8 the executive to enforce it mor e effectively and the courts to a pply it more wisl:!ly or correctly.nomer. Legislativ~ h~~arings enable the public to inform itsel f on governmental problems.which is not infr equently true -· re co urH: mus t. committecH 1 to conduct inquiri es (investigations ) in aid of legislation. the hearing s must be conducted strictly in accordance with said rules and not.) of pcr son :s appearing in or affected by s uch inquiries must be r espected.-. A law enacted after it h a .!:'s._ .stribute their work .A legisla tivE> body cannot legislate wisely or cffect iv~ly ·IiiTh.d.Q_Qthfl!. G. · . 7134.. to propo se amend ment~.ic ularly of :. however . r ight to counsel. In legisl ative investigations. ' The ConstiLution speak.i:'>latiue fnnction. l n fact. p. extends to hearing-s o n other matlt~rs within its jurisdiction notably the power to impeach . ''Tanada > r'ernando. V I..r poration in t he statutehooks. 135.. some means of compulsion ma y be essential to obtain what is needed. 273 l!. be had to others w bo do possess it. Section 21 authorizes each H ouse or any of it.Sec. Llrmgh~~ rty . ' See V. and to take disciplinary action a gainst its members. p. p . The r equi rement seeks to ensure that this vital powP. Jt i.

(2 1 .Jons.J._- .L_i~tL£0.

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

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

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

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

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

t..G . 22 . departmen ts.)Jes. including governmentowned or -. . preparation. VI.) Bein~ r esponsible for the proper operation of the executive department. . cit. Sinro. the general appropria tions law for the preceding ftscal year shall be deemed reenacted and shall rema in in force and effect until the general appropriations bill is passed by the Co ngress. Submission of proposed budget by the President. i which the Presi dent has to prepare and submit to Congress is intended a:. 4 1The fiscal year fur all bra nc. up. p. of the government. governs national gMArnmPnt budgeting. ⠢V. Order No.. The "budget" of expenditures and sources of financing. the President i s naturally the party best qualified to know the maximum amount that the operati on of his department r equires. execution and acc ountability. a guide for the latte r to follow not only in fixing the amount of appropriations but also in determin ing the specific governmental activities for which public funds should be spent.January and end⠢ ng with 31st day of Decem her of each calendar year .G . 3 (!bid. offices.ive Code of 1987 (Exec. VII. p. 209. 209. is thf! period beginnil1g with t. and manner of preparation of the budget shall be prescr ibe d by law. Congress may not increase the appropriations recommended by the President for th e operation of the Government as specified in the budget. Article VII I of the Constitution. Meaning of budget. by the end of any fiscal year. Sinco. . bureaus. 25[1 J. and expenditure of expropri!lted funds. a nd agenct P.) Increase of appropriation recommended by the President. content.:on trolled corpora· tion s. Th<> budget is prepar~>d by the Department of Budget and Mana~ement. instrumentaliticR. in Book VI thereof. subdiv1sions.h e 31Bt d 11y of . (Sec. l It refers to th e financial plan required to be prepared pursuant to Section 16f 1). A . Sec. authori za t i<m.!'.rv.. op.Sec.LEGISLATIVE DEPARTMEN1' 185 (7) If. 25 ART. the Congress shall have failed to pass th e general appropriations bill for the ensuing fiscal year. cit. including receipts from e xisting and propos~d revenue measures (see Art. more specificall y: budget policy an d ~pproach. consisting of statements of estimated receipts from revenues and expenditures for the calendar on which it is intended to b e effectiYe based on the results of operations during the preceding calendar year.1. ~The Admini. 2 92.f2udge~ is the financial program of the national government for a designated calendar year. 2 The form.rat.

'> la w \':ithout due ron~ideration . lfnv t hat will set t he government machinery in motion.he co nstitutional bodies in the propos<"d budgPt on the theory t hat the t·e i!' already a consensus tm the amounts needed by them when th<l proposed budget i:-..23.titution. unlike in the case of Lhe budgets of other governmen t agencies. tArt.h any definite ite m of appropriation in thC' law. were not deliberated upon in opr:>n session.t\ Any prov ision or enactment. l is a provision or enact ment. With respect to the j uditiary.186 TEXTBOOK Oi'. Such provision shall be of no ee·ect.a. 2:> Neither can Congn·Rs in crease its outlay and t hat for the j udiciary a\Hl t. M n~.rictions in Section 25(2 l is tn do away with what . tSec . in the general appropriations la w "p rohibiting governm ent officers and ~rnployees to do private \·vork" or refer1·in g to the ''calling to active duty and the rcver~ion t. A~ The Const. A provision. being prepared." in C. but also to facilitate the enactment of s uch an im portant. . Mendoza .. The m ai n object of the rest. The objective of the Consti tution is not only to prE!vent the general appropriations bill from being u~ect as a vehicie which controversial legislative m atter s may be enat:ted int.' THE PHILIPPTNI-: COI. II. for instanec. iSec. the appropdations fo r both h ouses of Congress. 25f:3l.o inactive status of reser ve officers"s is a rider as it has no direct con. L-a::nt3. T he procedure adopted for approving appropriations for other departments and agen cies shall be followed $trictly i11 <lpprovlng appropriations tor Congress. in the general appropriations bill shall be limited in its o peration to the appropriativn to which it relates. Sec. H. it.l. "Tht: ! New Bud)(to tarf P rovisi⠢ml:l.cjo.s appropriation:. tht~ limitation i~ n ecessary as a check again st its abuse. Mont...Tar~:i a v:.requires a stan d~rd procedure in approving appropriations. "DP. p.he authority ov~r the appropria tion::. are called riders. may n ot be redu ced by Congrt⠢sio: below the a mount a ppropriated for l he previous year.itution . Vl ii. Prohibition against riders. "The N!!w Con. im. Ju ly :30 . it i~ as though it has never been passed.erted in tht! general a ppropriations hill which does not relate to some particular ap propriation therein. (sec Set:.ti· tution" ( 1973 1. 2611J.lection wit. having t. 197f). J Procedure in approving appropriations. 25l21. 3. '{. itself. ) ln the cal'~ of C0ngress.'\STTTV1'l0~ Sec.) This provide$ a safeguard against the abuse or misul:>e by Congress o f its pow(~r to appropriate. Under the 1935 Conl'. 1. In h~gal cont emplation.

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

.R~~~r.s. (2) It must be supported by a ppropriate vouchers. the Constitution imposes the following conditions: ( l) The disbursement must be only for public purposes. 25f7].188 TEX'l'BOOK ON THE PHILIPPINE CONSTITUTION Sec. !f:tE!. 219. on the part of Congress to enact a general appropriations law for lhe operations of th e government are serious. and (3 ) (Sec. Q!. (Sec. It shall remain in force and effect until the general appropriations bill is passed by Congress. 26 beforehand when the expend itures have to be made. such ex penditures are classified or forbidden to be disclosed to the public by law or a dministrative regulations. and printed copies t h ereof in its final form have b(:'len distributed to its Members t hree days before its passage. SEC. .e thereof. It must be subject to s uch g uidelines as may be pres cribed by law. and so the wisdom of a constitutional provision for th e automatic reapprop ri ation of the same a mounts appropriated for t h e preced ing fisc al yea r is beyond question. and the vote thereon shall be taken immediately thereafter. 26. the exact a mounts needed. except when t he President certifies to the necessity of its immediate enactment to meet a pub lic calamity or emergency.&. .) Automatic reappropriation. Such limitations may be clas sified into: (1) tS. no amendment thereto shall be allowed..IJ.i. As a safequa rd against illegal . p.he general appropriations law for t he preceding fi scal year sh all be deemed re-enacted. limitations. -Th ey refer to the subject matter of legislation.) This provision is not found in the 1935 Constitution. and b~: they may 'See Buck. The legisla tive power is not without. unnecessary. Upon the last reading of a bill.. for reasons of national security. 25[6J. (2) No bill passed by either House shall become a law unless it has passed three readings on separate days. The Budget in Gover nment of Today.tant. It is evident that the conseque nc~s of failure. (1) Every bill passed by the Congress shall embrace only one subject wh ich shall be expressed in the title the reof. or misappropriations by officials authorized to spend such funds. Lhnit~tic:>n_~ Q~. In case of fai lure of Congress to pass the general appropriations bill for the ensuing fiscal year . a nd e xtravagant disbursements.b. £!?_ '!9~ess. t.u. Or when. an d the specific u::. voluntary or otherwise. a nd the yeas and nays ente1·ed in th~ Journal.

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

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

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

~:36. .

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

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

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:~86..g.:t $_taty. revenue.It follow!:! t he tit le an d precedes tbe e nacting cla use.11. !!J:. Statutes pas::.ays after th e date if h e had signed it. t5. Formal parts of a law. ) Thus. ·. but the veto not object. They are identifie d by their serial numbt:~rs (e.Jl.ft A The term "act" is often used in referring to a statute.:J' JJ. 271. Batas Pambansa Blg. The purpose of the preamble is to exp lain the reasons for the enactment of a law :-:~ nd the object::.Q. (2 } fLtt.he s ubstance of t he law. Republic Act No. such title may a lso be used f o r ide ntifica tion. and rendere d aut hent ic hy cer tai n prescribed forms a nd solemnit'ies. Am. expre~sed is the writien will of the legislature a s a n organized body according to the f orm necessary to cons titute it into a law of th e state.. The 1 2 50 Bouvi er.IPP lXE CONS1'lTIJTIO~ Sec. (see Sec. the subject matter of the act. .g. for purposes of formal refere nce . 386 h as for its title. "An Act Regula tin g Rentals of Dwelling Units or of Land on which Another's Dwelling i:-. The formal pa rts of a statu te (or bill) a re the following: (]) . icular item or ite ms shall not affect the Meaning of bill. Located and for Other Purposes". or ite m or items to whi ch he does it shall become a law as t h e powe r to veto any part tariff bill..l~:. {2) The Pt·e side nt shall have in an appropriation. denom inated as· a cts . ·'An Act to Orda in and Institute the Civil Code of the Phil ippincH .. of receipt t h ereof.ed by the former Congr ess are. 25 ). "Civil Code of t. supr a . Where a specia l title is supplied fo r a particular stat ute (e. 2 5 gives a s its title.19-l T EXTBOOK 0~ TH~~ PHll. 2 7 d.k . It is a sort of introduction or preface of a law.hH Phili ppine:'~ ").." Laws en acted by the former Bata sang Pambansa are e nt itled in a si m ilar manner . It is not considered pa rt of t. Thm>. Jur. Bata:) Pambansa Blg.'s Law Dictionary.g. ··-It announce:-. sought to be a ttained. A pill is a draft of a la. Re public :\ct No. ⠢ Meaning of statute. How statutes identified. Statutes enacted by t he former Batasang Pambansa are also identified by th eir Rerial num bers (e. otherwise.w submitted to the consideration of a legislativE! bod y for its a doption.

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

The wor~ is the Latin term for "I forbid" or "deny. . I~H7 J . 200 iJune 18." It is the power vested in t he President to disapprove acts passed by Congress. The veto '3 Executive Ordc:r No.

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

. oue proposing a mendmen ts to the Constitution). and exclusively used for religious. require the a pproval of the Pr esident for their effect.i.nant thereto. or in declaring its opinion on importan t national questions. nonpro fit cemeter ie'i. tonnage and wharfage dues.). 28. (3) Ch aritable ·institutions . and other duties or imposts within the framowork of the national deve lopment program of the Governme nt.NT 197 Use of resolutions. or educatio nal purposes sh a ll be exempt from taxation. resolutions would be proper in expressing condolences on the death of a m ember or of a high government official .Sec. churc h es a nd parsonages or convents appurt'>.LEGiSLATIVE DEPA.RTMF. by law.g . and improvements. 28 ART.. mosques. buildings.. Kinds of resolutions. (2) The Congress m ay. Thus. A resolution may he: (1) simpft if passed by either House for its excl usive use or purpose. orders imposing some penalty upon any of its members.cQll. (2) . (~) They are a lso used when a lawmaking body expresses an attitude or opinion. dele'gate d to the President m ay be withdrawn by the lawmaking body by means of resolutio n. There is no provision in the Constitution requiring thB approval by the Presiden t of any kind of resolution. and all lands.·ity. and subject to such limitat ions and restrictions as it may impose... (1) The rule oftaxation shall b e unifonn and e quitable. tariff rates. Vl. if passed independently in one House and rati fied by the other in the same manner as a bill. the power to fix tariff rates. aut horize the President to fix within specified limits. import and e xport quotas. and ( 3 ) ~t. (4) No la w granting any tax e xemption shall be pas sed without the concurrence of a majority of a ll the Members of the Congress. Thus . The Congress shall evolve a progressive system oftaxation. SEC.Clll'J. charitable.QJJ. directly . if approved by both Houses meeting in joint session but voting S13par ately (e. the rules of procedure of a lawmaking body. or proposals for constitut ional amendments would be embodied in resolutions. t herefore. actually. C3') Under Section 28(2) (supra. etc. (1} Resolutions are employf\d with respect to matters within the exclusive ·authori ty of the lawmaking body and do not.

(. may validly further classify such property a ccording to their assessed va lue a nd levy dif ferent rates. (Sec. 1. gross or ne tj and if warrante d (in certain ca ses.cl i ficati. i may.198 TEXTBOOK ON THE PHILIPPI NE CONSTITUTiON Sec. the Const itu tion also mandates that it shall be equitable." 1 Diffe rent articles (o r other subjects. 32 Phil.3) All residential houses. An arbitrary classificati on will offend the guarantee of"equal prote ction of the laws.00 per square meter or fraction thereof imposed on every billb oard or sign anywhere in thE7.g.e. like the tax on gasoline). .r. supra. Concepc ion. III.5% of assessed value) but d ifferent amounts of tax depending on their value. business. different amounts of tax on the basis vf such v alue. regardless of their assessed value. To be sure.T. country was held valid as against the contention that it was void for 1ack of uniformity. The reason for the rule of uniformity in taxation is that not all pN ~' (' :l ". therefore.. achurchill v~. etc.aJ. 3:n. 51 1. may be consider ed for p urpose s of taxation as belonging to one class (i.A. Aside from the requirement that the rule of taxation shall be uniform.l1if. rights. the incomes are considered as belongin g to different classes.) Equity in taxation. 28lll. a tax law m ay prescribe a uniform rule of taxation and yet it may b ~ inequitable a s where th e r ~tes of tax are excessive or confiscatory. not equality in amount. April 22. The concept of equity in taxation requires that such apportionment be more or less just in the hght of the taxpay er's ability to shoulder the tax burden (usually measured in terms of the size o f wealth or property and income.2 Uniformity implies equality in burden. U. residential prope rty) and made s ubject to the same tax rate (e. ~oe Villt~ ta v~. 2. The law. Thus: }1'> A tax of P2 ." (see Art.iQT!. Stanley. Sec. 28 Uniformity in taxation.. properties. 3 (2) There is no violation where those with different incomes are made to pay dif ferent rates of tax because in this case.(u:mity in fu. L-18080... ) Uniformity in taxation is effected through the apportionment of the tax burden among the taxpa yers which under the Constitution must be equitable. be taxed :1t different rates or amounts provided that the rate (not necessarily th e amount) is the same on the same class everywhere. however. like transactions. :Tan Kim v~. and consequently .. The cla. 110 Phil. or transactions are identical or similarly situated. C..on of the subjects of taxation must be based on reasonable and substantia l grounds.means that ''all taxable articles or properties of the same class sha ll be taxed a t the sam e rate. 196:3. on the basis of the benefits he r eceives from t he government.

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

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

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

are pai d for a portion of a church or other building belonging to a secta rian institut ion leased by the government for school or other public purposes since th~ publi c receives the full bene fit of its contract:" and (5) . If t he spec ial purpose has been fulfilled or a bandoned. In short.!?dii d~.No law shall be passed incre asing the appellate jurisdiction of the Supreme Court as provided in this Constitution wit hout its a dvice and concurrence. shall be tra nsfer red to the genHral fun ds of the governmen t. SSS. .. rse(< Sec. L-li l045.itution where such payme nt is made to the priest not because he is a pri est but because he is an employ ~e: 4 (3) U. death . s upra.s..r. of Ma n ila vs. G :vl_ilJard vs. it is the appropriation of public money or property mainly for rehgious purpose that the Constitution does not s a ncti on. for example . 30. 20. Jan. 6.· Where . o r dis ability benefits to a pri est of fu nds co ntributed to the Socia l Securi ty System does not violate Section 29(2) of the Con!->t. Ap p.ationR are under the coverage of the Soci al Security Act. II. Art.:. the payment a s retirement.atr... Metrop ulitnn Water Distri ct. I see Art. 7 0 rder de Pred ecadort>s vs.QQ." \4) P.:.f!ce_ijJed. A ~o. tht! u se of p11 blic streets for re! igiou s process ions a nd hold ing of m~ssc!' at t. 46 Phil. R.) The specia l fu nd then <:easel> to ex ist.{}ili~jn n(t tl~ t£. Religious organi7. 292.Q:£. . 30 a uthorized to make~Hence. 29[3 ]. Sec.aMiLQIL~Q.t. 1961. Ruiz.QJ!rn&at. :<Aglipay vs. In s uch case. R ui z. public fun ds e re used for postag~ stamps commemorating the celebution in Manila of the 33rd I nternational E ucharistic Congress orga nized by the Roma n Catholic Church and the purpose is to advertise t. for example. the bftlance.e. III. a.ra tion .\\onere.~02 TEXT ROOK ON THE PHILIPPlKE CONSTl'rUTION Sec.hc Ri zal Pa rk and in otlwr public proper·ty do es not offend the provision.) ·' Aglipay vs. 48. ISe<:.Where. 5.. . 201. the mon ey r aised from such tax sh all be treated as a special fund and paid out for s uch purpose onl y. 64 Phil.: ~imilarly. 19 Jll._J2/. ⠢Roma n Catholic Arch.he Philippines and not to favor any particular chu rch or denominations.:.!r.. 1161 . SEC. for e xample. -. Sec. if any.b. A tax may be im posed for a s pecial publ ic purpose. a~< amended. It cannot be sp ~nt for any other publ ic p urpose. r ent. free supply of wa ter is given by a m unicipa lity to a r eligious orga nization not on aceount of any religious consideration but in exchange for a don ation of property made t o the former by the latt<. Boa rd of E duca tion. ) Expenditure of special fund.

84J. Sec. Thus. the system existing in some countr ies. cit. The prohibition prevents the Cl'!-~ati.) as enumerated in Article VIII. par. the Supreme Court could never reduce much less eliminate the ba cklog in its docket.galitarian principle underlying our Constitution. 432. 31.. Sec. No law granting a title of roya lty or nobility shall be enacted. The r'ederalist !No. by the very nature of its work as a court ofla st resort with administrative supervi~ion over all lower courts (Art. II. and increasing its original jurisdiction to include cases oth er than those mentioned in the Constitution (see Art. The reason behind t he principle is the ~. Sec. 2. any law increasing its appellate jurisdiction must he with its advice and concurrence. 1. 1 It is consistent with the declaration that the Philippines is a republican and demo~ra tic State (Art. If its appellate jurisdiction is fu rther increased. But Congress can increase its jurisdiction by as signing to it additional cases for adjudication. the Supreme Court is already burdened with a heavy load of cases.LEGISLATIVE DEPARTMr~NT 203 Law increasing appellate jurisdiction of Supreme Court. like England and Japan. (1) Under the above constitutivnal provision. Congress cannot diminish or otherwise impair (reduce) the original and appellate jurisdictiou of the Supreme Court (see Art. .Sec.) as opposed to a monarchial or aristocratic form of government. Hamilton.t)le government will be any other than that of th e people. it is in a better position to determine what cases should be elevated to i t for review. Hence. for so long as they are excluded. SEC. 5lH -~ wm force it to conduct hearings and trials and thus make impossible the performance of i ts constitutional powers and functions. Prohibition against granting title of royalty or nobility. It is not necessary to make a prohibition in connect ion with it~ original jurisdiction because the Supreme Court is essentially an a ppellate court with jurisdiction over judgments and orders of all lower courts i n specified cases. Furthermore.on of a privi2 tSee Tailada and Fernando. VIII. there ca n never be serious danger that. As it is. 6.l. the Sultan vf Sulu could validly create titles of royalty or nobi lity and confer them on visiting dignitaries from the legislature or on members of the Cabinet. ranking certain persons as belonging to an upper cl ass called the "nobility" is not allowed in the Philippines. p. "The prohibition of titles of nobility may truly he denominated the cornerstone of republican government. VIII. op."2 · (2) The prohibition of titles of royalty or nobility is directed_to C ongress. VIII. 1. Sec. :11 ART. Section 5(2). VL.

ll. later became a paradigm of c hange in authoritarian regimes worldwid~. and demanding reforms.. thereof passed by Congress or by a local legisl ative body is s ubmitted to the people for their approval or di sapproval.g in the ou ster' of Prcs\d~nt Ferdinand Jo: . It involv~d the largely p~accful ma ss demonstrations of gren t number of peo ple gathering in meetings. without force and arms. SEC. cha nting. 1 Thc t~rm wh ich has b~en iden t ified wi th Prc!'\id~n t Corazon C. provide for a system of initi ative and referendum. and ended with t he swearing on . Aqu ino wh o led it wi t h the support of the Catholic Church. The Congress shall.Ja nuary 20.204 TEXTBOOK ON THE PHI UPPll\E CONSTI 'l'UTIO~ Sec. His last 14 year rule after the declaration of martial law in 1972 wa~< perceiv ed to hE' dicu⠢torial llnd reprc.If is the reserved power of the people to directly propose a nd enact laws at polls called for the purpose independently of Congress or of a local legislative body. ·· ·· Meaning of initiative and . .... B9.h e Phili ppines (AFP l an d the Philippine Nationa l Police {PNP). 32 leged cla!>s which may transmit their classification by inheritance to their chi ldren. 'l'he occasion for the ou ster was the wal k -out ()f prose~o"\t tors in the impeachment trial of President l!~strad a t riggering mass demonstrations and withdrawal of institutional support led by the top military generals. whereby the people can direc tly propose and enact laws or approve or reject any act or law or part thereof p assed by the Congress or local legislative body after the registration of any pe tition therefor signed by at least ten per centum of the total number of registe red voters. (1) JtJitjg. denouncing wrongdoings. .. The Consti tution in Section 32 h as institutionalized what is popularly known a s "people's power" 1 which was manifested with unprecedented popular s upport du ring and after the 1986 presidential "snap" election and in the "EDSA revolution . 32.It is the process by w hich a ny act or law or part . 1986. 20~ I of Vice-President Gloria Maccpagal-Arroyo as the n~ w President in place of President Josep h E. and the exceptions therefrom._[iue. marching. while "EDSA II" was a peaceful civilian uprising. culmina t i⠢."2 It manda tes Congress to provide. Congress to provide a system of initiative and referendum. E:. as early as 1 · 1970 lJPLC Constitutiun Revision Project.nd justices of the Supreme Cou rt. of which every legislative district must be represented by at least three per centum of the registered voters thereof. ~This feCit was re peated 15 years later by what h 11~ been r eferred to as Eds a II. p.~sivc. "EDSA I" was a ncar bloodless military "break-away" supported by t h e overw helming strength of un a rmed civilians t ha t assembled at EDSA on February 22·25.T!:.referendum. th is time supported by unarmed top officers tmd men of the Armed Forces of t.. Marcos and his subseq uent forced exile tu Hawaii.o fo rced to give up the presi dency over alleged corruption and misr u le .t rada whu wa. wh i<·h started on the nigh t of January 16. . as early as possible. 2001 at the sa me spot ofthe EDSA-Shrim.:. ca binet m embers. (2 J -!ff!1er:e_ndu!.

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

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

in line with the egal itarian society.a resident of the Philippines for at immedia tely prc:. J<~XEClJTIVE DEPMtTMENT 207 Qualifications of the President .en oftbe Philippi nes. Such appointment req uires no confirmation. VII. 2. tion 2 provides for the basic or minimum qualifications of the Presi(l) He is a natural-born riti ?. Sec. <2) He is a registered voter. and (5) H e . 2 (see Preamb\e. XI. or literacy quallfi read and w rite. To reque ~t confirmation would degrade the dignity of the high office ofVice -President. in Congre ss. The Vice-President. 3. <Sec. (Ar t . d .Sec:.-. 3·4 ART. (3 J H e is abli~ to n~ad and write. in the case of t he Presiden t.·eding such ele ction. academic. He m ay be r emoved from office in the same m a nner as the President. 1 ~east ten ( 10) years The Vice··President must h a ve e Constitution doe~ not prescribe cation except only the ability to objectives of (lul'· democratic the same qualifications as the President.) Th any educational. . The Vice-President shall have t he same qualifications and term of office a s th e President and may be r emoved from office on impeachment a::... 3. There shall be a Vice-Pres ident who shall have the sam e qualifications and term of office and b e elected with and in t h e sam e manner as the Presid ent. Vice-President. 14 ) H e is at least forty ( 40 ) yea1·s of age on the day of t h e election (not p roclamation or assumption of offi ce) for President .) SEC. The Vice-President may be appointed as a Member of the Cabinet. ) He may l e appointed as a member of the Ca binet without need of confirmation by the Commission on Appointment::.

to red voter" a nd "n..O llli:!CI.SEC. i. particularly.i(h'll('C . . Section a.!< morally and intellectually fi t nnd pn!:~. ''Nev~rtheles1:1.f!p Art icl(' vr.ning of "rcgi.><~e!l t :xc·cuti Ye al:>i lity to occupy the highest offic⠢~ of tht⠢ land. The Preside nt and the Vice-President shall be elected by direct vote of the p eople for a term of six years which shall begin at noon on the thirtieth day of June next fol1 owing the day of t h e election and s h all end at noon of the same date six years thereafter . it is believ~d that the Co n><titution as:<um es that the P resident.:. t. 4. The Pres ident shall not be eligible for a ny re-elec· tion.." ... No person who has su cceeded as Pres ident and has served 1A..

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

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

) But they may be elec!:~d to a lower position. he cannot serve for more t h an two (2) successive terms (Sec. 1973 . Sec. The following have been give n: (1) A President see king a second term is vulner able to constant politica l pr ess ures from those whose support h e must pr ese rve and h as to devote h is time and energy to consolidate this political s uppo rt.xperience. Jan.:i (Ibid. is t he just a nd legal claim to enjoy the powers and responsibilitit-s of th e office.) Reelection of President and Vice-President. In the context of Philippine P. 3 S!!t~ note 34 to Introduction-C. 56 SCHA 522. Sec. 1. 1974. II.. 4 (3) A right to hold office. Court of Ap peal!'!.erm to work for r eelection. Aparri vs. (4) The off'ice is an ins titut ional unit of government. The President is not eligible for any r eelect io n. April l:'i. 12. 1. {Ibid .) T hus.. 237. (See Art. A per son who haR held the office of President is a bsolutely disqualified for a ny reelect ion. on the other hand. 2 Nt!evo vs. (2) A President who see ks a second term is under a ten·ific handicap in the performance of his functions .210 TEXTBOOK 0~ THE PHILIPPf~ E CONSTlTUTIO!'J Sec. In th e case of toh e Vice-Presi dent. ~fenal!ad. 2 (see Art. Pan⠢dt>s vs. :~ 1 . 127 SCRA 23 1. . Villaluz. every President elected to t he Of fice h as used th e first t. <1uekt>ko vs. S'lntos. May 30. 26. XI. Angeles. par. The result h as been that political motivation is attributed to practically eve ry act he performs. Reasons tor prohibition against re-election of President. 1984. 57 SCRA I 63. while term is a matter of time during which a pe rson may hold the office. 2. (3) A Presi dent seeking reelection will even usE' pub lic funds for t he purpose even to th e extent of making t he gov ern m ~nt bankr upt because no incumbent Pr esident would like to go down from power as a leader repudiated by his people. 4. 2. par. par. 76 Phil. O livc rM> vs.) The vo luntary renunciation of the office ofVice-Pn:lsident for any length of t ime doe s not interr'~pt the continuity of the service for the full term of six (6) year s. the danger of alienating much needed votes may be an o b ~tacle to the proper and impartial performance of his duties. 76 P h il. moreover. A Vice-Pr esident who h as succeeded a nd served as Presi dent for more than four (4) years (even in an acting capacity) is also disqua1if ied for election to the same office at any other time. ) but he is still eligible for election as President. a Vice-President wh o voluntarily r enounced or resi gned from hi s office is deem ed to have served for six (6) years for purposes o f the ban against r eelection.

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

Oath is an o-.) It sanctions the plurality rule. par. par.e. the Vice-President.) Under the new Constitution. the Supreme Court. he makes an affirmation. (Ibid.) (2) Plurality rule s anctioned." (In case of affirmation . 6.:{. as such. CONSTITUTION Sec. (]bid. Instead of saying "I do solemnly ..The person having the highest number of votes shall be proclaim ed elected. last senten ce will be omitted. a minority President may be elected ( i . Thus. So h elp me God. 5. 5.) Oath or affirmation of the President. or Acting President. In case of a tie between two or among more than two candidates. (Sec.hip of Co ngress in session assembled. by t he vot es of less than 50f. of the number of registered voters) if there is a low t. Before they e nter on the execution of their office. (Ibid . (Ibid. Election contest involving the position of President or Vice-President.) Congress is empowered to promulgate its rul es for the canvassing of the certificates. 5..The Constitution does not prescribe any minimum number of votes to he cast in a presidential election nor any majority vote needed for the prodamat ion of the winner for it merely provides that "the candidate havi ng the highest number of votes shall be proclaimed elected. sitting en bane (as one body ). 5 canvass the votes.tward pledge made under an immediate sense of responsibility to G od. returns and qualifications of the Pres ident or Vice-Preside nt. and consecrate myself to the service of the Na tion.. . par.. par. preserve and defend its Constitution. o ne of them shall be chosen President by a vote of the majority member~. If the President. itself.. . (3) Candidate to be proclaimed. l ast par. It may promuigate its rules for the purpose. that is. do just ice to every man. shall now be the sole judge o f all contests r elating to the election. The Supreme Court. 4. or the Acting President shall take t h e following oath or affi rmation: "I do solemnly swear (Ol' affirm) that I will faith· fully and conscientio usly fulfill my duties as President (or Vice-Preside n t or Acting President) of the Philip· pines. 4. Vice-President. Vice-President or Acting President does not believe in Go d. more than one candidate shall have a n equal and highest number of votes. .) The candidate thus chosen shall t hen be proclaimed elected. tht" President. shall be the sole judge of electoral disputes involving the President-elect or VicePre sident-elect. urnout of voters or there are more than two ( 2 l candidates . execute its laws.212 TEXTBOOK ON 'I'HE PHlLlPPINF. . SEC.

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

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

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

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

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

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

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

At any rate.u:ti(. 7 and 8. .si.:luded among such orficials. SEC. 2.g. already provide thnt <)fficers and cmployeetl of the government ar~ prohibi ted from engaging in business unl ess with the permission of their d epartment hE->Mls. Pre.o givt' them a chan<:. 14..e_ n nepotiSQl· o In addition to the above disabilities. or his tempora1·y incapacity shaJl have terminated.Jl.~Q. <Ibid. Sees.ed President is given the.appointments extende-d by <ln Acting President are naturally val id and effective. XI . (Sec. . the ele<.Similar restrictions apply to the Member s of Congress iArt.!'Phibj_J. UnU('l' tho ~amc rul1~s. the President is prohibited during his te nure from appointing his spouse and relatives by consanguinity or affinity withi n the fourth dvil degree fe.ing dvil service rul e.e ofprofc. (1 i 'e owers and functions of Acting.PrE!sident. 1 (3j O~her o!J'i~_iql..'!_!!_!l:_en _t_s.a.) and of the Constitutional Commi~si o n s (Art... ch ildren and many of their close relati ves to high positions in the government. A-Sec...C!l:J!. a. 2. 13 . of interest. ) The Constitution seeks Lc> s t op the practice i. and th~ Tanodbayan and his Deputies. prevent them from exte ndin g special favors to th(⠢ir own private business which come~ under their official jur isdiction. ' Chiefs ofhun~au~ and oflicc~ rtnd their.t make <!lure thllt t he business activity or pr.power to revok e them.An acting President _ e xercises the power~ and functions of the Office of Prcsid~nt until a Presi dent shall have qualifi ed or shall have been elected and quahfied (Sees.ri_r~at.he w ork of the official:. VI.heir function s.) They seek to stress the principle that public office is a publie truflt.}f..si~t.n t he past when the President appointed his wife . and assure the public that they will be faithful and dedicated in the perfl)rroa nce of t.ants are not in~. u nless revoked by the elected President within ninety days from his assumption or reassumption of office.wful aclivity to augment iheir income.) H e is not the incumb ent President.. (Art..PR_~_i. Sec. ).7'}_. oxi~t.tention to their official duties. The exe:mption i.The purpose of the prohibitions is to i nsure that the otlicials m~ntion~d (the President particularly) will devote thei r full time and at.The. There is only a temporary vacancy. grand nephew and grand niece ) to any of the positions mentioned. Appoint ments extended by an Acting President shall remain effective. tn t'⠢ngage in some l t... Sec..:. However. . 8. par. nor bring about any connict.l. (Sec. up to first cousin..J Bu... . t. He has not become President to ~erve the unexpired portion of the term. IX.~hf... (2) Revocation by _ q_!~c tt~~ .). l.:t.s s_~f!.. . d(1partment hoad11 m u.(~/:t.sion dnt~s not interfere with t. Appointments extended by an Acting President.l2_s_imil. H e should not be forced to endure important appointments he cannot acce pt. 13.220 Tt:XTijOOK ON THE PHILIPPINE CONRTITll'fiON (2) Purp_ose of" pr. ()_fJh(: .tions . 14.£i.

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

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

ART. however. for appointment offices of relevance to the dutitlS to be performE -d. Jg~d Cabin+'!.cd in the Pl'esident by the C onstitution. not full -fi i?.r rnm.:<ll led hure au1' like the Securitir:. Sec. H2ll. N<iti onal lrri gati~m Administratil)n.~n and the Commi ssio ners of the Civil Service Commission <Art. and (e ) Those whom h e m ay be authori z-ed by law to appoint s u ch as the heads o f govf'r'1ment. stHtt:' the appointing uuthority with respect t'> th e Chairman and M embcr.{lin ofli.o be confi rm ed hy the Commission on App ointmen ts. (d) All other officer s of the Government who::. ll2]. They de> nnt head departments and t hdr appoi ntment. t~> public (2) Under oth'!.). department undersccretarie. appoints the members of the Supreme Court und judges of lower courts including the St=\ndiganbaynn (Art. 16.·. VIII. VI. -.. (Art. under other ⠢ provisi ons ofthc Coustitution.s <. (Art. heads of bureaus and offices.) 'l'he p urpose is to insulate them from the baneful influen ce of parti::.). Only the officer!S in the tirst three (aJ groups enumerated in Section 16 art:! appointed by the Pre~ i den t with the <:onBent. Departmt>nt undersecretarie::.. are no longer included among those whose appointments are t. and they refer to officers to be appointed to l ower offices cr~ated by Congress where the latter omits to provide for appointme nts to said officG~. . C-Scc. XIII .s.. i:-. !:~ioners of the Commis sion on E lectlonl> (Ibid. . the Chai rm<. ll2 1 1.rn k of y and arc so addrc.:~t· not .-· 1⠢:XI':CUT1VE DEPARTMENT (b) The ~)ffi cers t)f tht' Armt~d F'orCL' :< rank of colont:>l or m1v <tl capta iu : (Jf t he Philippines from the ::c) Other oHil:c~J·. (seP..< l ~r(iv<? :\ffni. 1 7. 8f21. likewise. (confirmation) of the Commissio n on Appointments. 9.t. nH:mher.<.. S ec.ted w l ht~ Commi~!'>iun on Appointments for confirmation.se0 Art.s . the regular members of the Judieial and Bar Counci l tArt.vhnse appointments are ves t. Sec. 1 .taJ⠢t on L~gi >. and other officials. and the Ombudsman anrl his D£>puli es. Sec.s and Exchange CommiStiion.. ) Confirmation of appointments by Commission on Appointments. 1'hey are civil service ? r·csidential As~i::. and heads of bureauH and cer. Sec. s ee Ar t. that the p ower to appoint them i s lodged in t he President. XL Sec. of the Commission on Human Rights. VII .titution does not. D-Sec.an p olitics. Sec.. 4.n th« r.own~d or -controlled corporations. The Congre~s may impose qua lification::.o.sl!d but they :·n P.The Prt>sident.uhmit.ces under t he different depal'trncnts which are not <. t he Chairman and the Commissioners of tht~ CommiHsion oo Aud i~ (!bid.. 9. the Chairm a n and the Commis. . B-Sec.ions . 18 .\ The Com.. VIII . etc. rx.). XI.) Tht>re is no doubt. or provides in an unconstitutional way fm such appointm ent s. Insurance Commission.J ar~ gi\·.e appointments a1·e no t otherwise pro\ided for by law.

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

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

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

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

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

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

The Const itution makes the Pres ident.1f2l. This pro vision ensures the supremacy of the civil authorities over the military forces o f the government.9we ver. and 1 'This powe r covers the Philippi ne National Police (P:-/P ). Sw1:1rtz.·Congress shares with the President his authority over t he armed forces.u.nartia. or rebellion. a civilia n. Sec.ahle to functio. Two conditions are necessary in order that the President may suspend the privil ege of the writ: .JJ1. 1 He i!> authorized.U£Y£. VI. Re is givE>n the broad powers to call out the armed force s to prevent or su ppl·e ~~'> lawless violence. . 2. II. H. ) Powers of President as Commander-in-Chief of the Armed Forces. ) Power to suspend privilege of writ of habeas corpus. e m_i}ij:ary__ ~ourts an. Authority of Congress over the armed forces.on:un~m. The President is not only a civil offlcial.. the President ha s control of the military organization a nd personnel whether in peace time or in war time.the.~l.eot ⠢ .VJJld. however . invasion.lliu:f:.v. 18.e. The Const itution has provided another built-in measure to cope with any crisis or emergen cy: emergency powers expressly delegated to the President b y Congress (under Ar tich~ VI. par.ourts ar.war. 215. It ~uppl ie s the money a nd makes t he laws for thei r governance._ -.d _q[J.he ulti}1}~te . whenever it becomas neceasary.ele_g_a.:ff⠢a ie military tribunals to try pe rsons who violat e military laws or commit crimes agains t n ationa l security.l.s. Sec.~~( t:.he ~rrn ed for ces to hi!?..d. he is also in a sense a military officer.he ... he is not subject to court martial or military discipline.Yih~u.~!~!!!i_~t9_~~-~. p.:.. (see Art. (Art. e v_ n in ~ st~J~ of. t.~ctuaJ . a mem ber of the a r med forces.2 As Commander-iu-Chief.<I>Ther~ must be invasion or rebellion.Pre.\'<. t. and consequently....230 TEXTBOOK ON T HE PHILIPPINE CONS1'lTUTJON St-c.a.civil c. ( 2) Commander-in-Chief of' the Armed Forces. invasi on .e . A-le is also empowered to <. .f.Ifl.) ln thtui. 18 in meeting emergency s ituations:to'call out the armed forces.s. (Sec..o suspend the p rivilege of t he writ of habeas corp us.fld. He is not. 4. To it belongs the sol e pow~r to decla re the existence of a state of a war. 3..sid. and t o declare martial law. to call out such armed f orces to prevent or suppress lawless violence.'LCllLo. military fO . the Commander-in-Chief of all armed forces of the Phil ippin es.t. or rebellion .b. Sec... agen_ cies ha:ve no jurisd~ct~~m over Gi. 23ll].rwrmaUy. The Powe rs or the President C196a). ~~perts . As Commander-in-Chief of t he Armed J:t'orces .

.

s not automatically suspend the privilege of the writ. it is that Law which has application when the mi litary arm does not supersede civil authority but is called upon to aid it in th e execution of its vital functions. 18 AR1'. p. last par. par. suspended.~J. Ubid.ightf:<. 24 1.. 1586. (Art. (Ibid. fl9wev_e. III. ( 2) In its strict sen:·w.. l .e.r. and duration of martial law. 2nd ed.r. This particular topic has previo usly been discussed under the Bill of R. par. Basis.The right to declare. that is. . (~). An d even when the privilege of the writ of ha.~ The Constitution refers to this meaning of martial law. 13. T hey include: ta) The military law proper. ~(Sec~·i8. it includes all laws th at have reference to and are administered by the military forces of the State. Sec.titutionmak.b.. The conditions for a valid suspension of the privilege of the writ of habeas cor pus are also the requisites for the declaration of martial law by the President. 4.C.. (1) In its comprehe n~ive sense. par. (1) Basis.~prqslama tion o f martiall~-w. Sec. 15. . or directly connected with invasion.oru.s it clea. and exercise martial law is one of the rights of sovereignty. Am.. th e righ t to bail is not impaired . 1 The power is founded on necessity and is inherent in every government. ( see Art. ~See ~51 Willoughby.) 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 (b) Tht~ rulct< governing the conduct of military forces in times of war and in places under military occu pation.the.) A person arrested or detained must be released if no t judicially charge d within three (3J days. object. ) Power to declare martial law.Sec. the right to decl a re and carry on war. III. VTL . 5.EXECUTIVE DEPARTMBNT 231 The public safety must requi re the suspension.. th. t. Jur. . the la ws enacted by the law· ma King body for the government of the armed forces..) The power to proclaim martial l aw includes the power to make all needful rules and n~gulations with the force o f law until the termination of martial rule . It is as essential to the existence of a nation a~'.Q~.beas corpus i~. apply.. supra...9. ) The s us pension of the privilege s hall· apply only with respect to persons 1 judi cially charged for rebellion or offenses inherent in. Mean!ng.oLmartlal law:.

78.J. on the Pre"ident\ power t. he must ask for extension of the proclama tion or s uspen sion for a period t. (5) The S upreme Court may inq uire into t he suffi ciency of the factu al basiR of the proclamation or suspenRion.t ion from the ccmplcte exercise of such rights.. 18 (2) Object. should cau se the least curtailment th ereof. par. . (4) T. the a ction~ of '' Th u. sec urity . pars. 24-:.. E:~W('Uti w' De paa·tmc n t. Only when a bsolutely necessary should the Constitution provide for a der·ogo.ion. .' Jour nal.may be des troyed and obliter ated . when the dom ination of la wless elements becom es so powNful that it cannot be stopped b y t he civil a u thor ities. The les sons learned by the people from 14 year~ of marti al rule m ainly account for th eir imposition.15. re vocation or extension.pen sion (!bid. o!'/wb(~ns corpus.tsclf(Sec. They a rc: (-1 ) rc~quires There must be (actu al ) i nvasion or rebellion a nd pulllic sa fety the prodama tion or s uspen::.:. and whe n carried out. (3 ) Dur·ation.1 uMoyer vs. l.l7 U. ' W86 UP L Constitution P roj t>Ct. th e exercise of the power may not extend beyond what is required by thP. 1972.) to guide Congress in decid ing the a ctjon il shou l d takt>. good order.Bei ng founded 011 neeessi ty. .human righ ts. (ibid.232 TEXTBOOK ON Tim l'HILll'PIIS'~: CONSTI1'VTIO~ Sec. a nd effects of the exercise of the powers.. The Constitution imposes reslridion::. 9. (see Art.o declare marti al la w and to !:. ~U nless the right and power exi ~t.. Se<. J.-· The object of marti al law is the preserva tion of the public safe ty and good order. it is eS~t!ntially a police power·. exigency whith it ca ll forth .. these extraordinary powers fall heavily on . 304 : Lawyer:. . 212 U .. p(~ace . 1 nnd 2. i sets a t ime lim it for th e d uration of t he state of martial law and t he suspension of the: privilege of the writ of h abf⠢as corpus.G Section 18 (par . i. Restrictions on the exercise of the two powers.S. pp. i. Ki:ihnnamok u . Peabody. Oct. (2J Th e duration sh all not e xceed 60 d ays un less exte nd ed by Cong t·ess (whi ch must convene within 24 hours fo!Jowiug tho p roclamation or suspension withou t need of a call ) upo11 the initiative ol the Pres ident. du ration.h~ procla mation or suspension : rnay be revoked by majority vote of all the m embers of Congress voting jointly (not separa tC'ly i which r evocation sh aU noi be set asid!! by the Presidl'nt {]6id.S.. e. 2:.he wri t.government itsel f . 7 The r estrictions are on the conditions.. ITT. Moreover. l R.-u So. Dunc⠢u\ v:.e.o be determined b y Congress i.uspend t he privilege oft. (3) The P resident m ust submit a re port in person or in writ ing to Congress within 48 hours from the proclamat ion or sul. :n ..

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

Decrees No. or as otherwise provide d in this Const itution. It does not give the Pr esident the po\ver t. Meaning of reprieve and suspension of sentence. ~ ~doning power . . ~IJ!!!~~~y with the concurrence of a majority of all the Members of the·Congress. (see.. C-Sec. QQJJ:J. :n P hil. and r e mit fines and forfeitures. 1. Except in cases of impeachment. and pardons. infra. except ftom p unishment. (see in fra.. :Hi4. 124.nz utation is the reduction of the sentence imposed to a lesser punishmen t. the President may grant r e · prieves. however .) Ne ither m ay the courts inquire into the wi~ dom or reasonableness of a ny pard on g ranted by the Presi dent.. 2 . 433.) 1 See ally. VIII.2 (as to meaning of parole. Meaning of commutation. h i~.. IX. after conviction by final judgment. Hi s d iscretion is absolute. Sec..1 The pardoning power extends t o all offenst's.234 TEXTBOOK ON THE PHILIPPI~E CO:-. This power ca nno t b e taken away from him nor can the exe rcise th ~ reof be su bject t o limita tions or condit ions beyond those provided by the Constitution. see Ar t.o exempt. and 598. 5.identi which c xemp1 s the ind iv idual on whom it is bes towed . The power to gr ant pardon and other a cts of clemency to violators of the law i s traditionally vested in the Chief Executive of th~> n ation.. from the punishmen t the law inflicts for a crim e h e has committed. ⠢ . par. .pJ:J:..r d_q_n_ha s been defim: d a s an act of grace proceeding fr om the power en t rusted with the execution of the laws (Pre::. He shall also hav e the power to gra.nite time.. J'g. 2 De Leon vs. The l'rcsidt!nt acts gt!ner pursuant to the r ecommendation of t he Board of P ardons an d Parole whic headed by the S ecretary of Justice a s its chairman. 60. 1 The Constitutio n gives this power to th e P resident in th e above provision..Be. Meaning of pardon.STlTUTION 8 ec. includi ng criminal cont empt (disrespect to or disobedience to a court whi ch amounts t o a crime). 19. Direct Pri~ons. lt may he granted without t h e accepta nce a nd even against th e will of the convict.pon em <~ nt of t. Art. commutations. or of Pres. as from death to life im prisonment .eue is the pos t. 95. 19 SEC. It is diffen mt from suspension of senten ce wh ich is t he postponement of a sentence for a n indefi. . anyone from the law.he execution of a death f\e ntence to a certai n date.nJ .

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

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

Authority to contract and guarantee foreign loans. . consequences of the offense. The contract or guarantee mu st he with th e prior concurrence of the Monetary Board of the Central Bank now. Montejo. a nd I'Oubject to such limita.l ng Pilipinas (BSP). as the custodian of the foreign reserves of the country. tions as may be provided by law. "The C11biner GoV\)rnment. 11 SEC. and (4) Pardon is a private act of the President which must be pleaded and proved by the person who t. i. M.. while amnesty is an act offorgetfulncss. 20.e . Cuarderno. and containing other matters as may be provided by law. because the courts take no judici al notice ti 1ereof..The authorit y of the Presi dent is not ab solut~. political offe nses). 'Del. he may gu arantee such loans. which is required to make a report to Congress contai nin g the matters mentioned. Sr.. Bangko Sentra . 1 51.. . The prior concurrence of the Monetary Board is required because. When obtained by private persons. supm. within thirty days from the end of every quarter of the calendar year.R. i. it has the ex pertise to determine the r eason ableness of the con' 1 l hid." in C. The Monetary Board shall. while amnesty by proclamation of the President with the con currence of Congress is a public act of which the courts will take judicial noti ce.Sec.EX E CCTTVE DEPARTMENT 237 (2) Pardon is an act offorgiveness. s ubmit to the Congress a complete report of its decisions on applications for loa ns to be contracted or guaranteed by the Government or government-owned and -con trolled corporations which would have the effect of increasing the foreign debt. natural or juridical. There is possibly no official better qualified to enter into such negotiation than the President. He is the official best supplied with info rmation as well as with executive and legislative assistance to determine the ad visability of obtaining loans as well as the country's capacity for making good use of such credit. p. for crimes against the sovereignty of the State (i. while amnesty.e. 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.e . -The President may contract foreign loans on behalf of the Republic of th e Philippines without t he need of prior congressi onal approval.laims to have been pardoned. it p u ts into oblivion the offense of which one is charged so that the person r elea sed by amnesty stands in the eyes of the la w as if he had never committed the o ffense. . Vll. it reli eves the offender from the . 1 (2) Concurrence of Monetary Board required. 20 ART. (3) Pardon is granted fo r infractions of the ~ eace of the State. (1 ) E xclusive executive function.

SEC. Sec.I1c:. It is also known as. Meaning of treaty.. Sec. 21. huge foreign loans were contracted or guaranteed by the government even agai nst the advice of the Monetary Board with disastrous consequences to the economy .ct..re. Board is not n.~QUhe.by. Sec. ) if it believes that the borrowi ng based Ofl the Monetary Board report is not justified.~~.er. (see Art. The report will guide Congress in the enactment of whatev er legislation it may deem necessary to protect the national interest.law. an obstructionist Congress could withhold approval for political reasons. 2 (3) Checks by C ongress.only o(.. Howe ver. The phrase "or international agreement" has been inserted in order to preclude a ny ambiguity in view of the technical meaning that the word "treaty" has acquire d in contemporary international law "as an interna2It has heen claim t'd that ab out 112 of the more than $26 billion debt t hen of the Philippine!" wa~ (.~. place limitations on i ts exercise (Sec. a treaty may be bilateral or multilateral . Many domestic private firms with borrowings from overseas sources heavily back ed up by government guarantees defaulted on their obligations. Sec. spe~~~ . In the pa st. the President cannot bor row or g ua:·antce loans at will. Congress may. and second . 21. Art.f~r~i_g~ _l'?a ns.~he_ _p_r!_qr_~()~~W:!~. . It has the power to det ermine the organization and composition of the Monetary Board. No treaty or international a&P'eement shall be valid and effective unle ss concurred in by at lel:\~Uwo··thirds.~c -~<?~!l. an appropriations law is needed to pay out of the treasury a f oreign loan..Mo.s ~¥ unless . as a check on executive power.~ft tt:' at 9.cha.e. or.) l:{~te ti:t_ s~~~iO)) 20 . convention. VI .<. by law. 21 tract or guarantee and whether the proposed foreign loan is within the capacity of the country to pay.238 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. a pact. (see Ibid. .) and make the neces sary investigations in aid of legislation (see Art.) Furthermore.. Now. 20. -The reasons for not requiring congressional approval for foreign loans are: first . XII.J !etan:. including int ernational organizations of states.P.. of all the Members of the Senate.O!"It ractcd through the initiutive of President Marcos.. A!!. VI . the loans urgently needed by the country may no longer be availabl e when concurrence which usually takes some time is finally obtained. With re_§. intended to create binding r ights and oblig ations upon the parties thereto.~ may be defined as a compact made between two or more states. 21. 20. Thus. Distinguished from international agreement and executive agreement.quired. 29f ll..2!!1_~st.

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

. Prerogative to address and appear before Congress. They have no binding effect until enacted by the Congress.) to give informa tion on the "state of the nation" and to recommend to the consideration of the l egislative body such measures as he may deem necessary and proper. He may also appear before it at any other time. 15." etc . Se ctions 24 and 25. (see Art. 24.. VI. see Article Vl.. Sec. The President shall address the Congress at the opening of its regular session. of course.gress for the followi ng year. -oOo 1As to mt!lming of"budge t. Such measures are.) The budget t hus submitted sh .'' "appropriatio ns bill. Sec. Sees. The address may also contain guidelines of national policy. 15. 25. 23 mitting it to Congress within thirty (30) days from the opening of each regular session. SEC.) The constitutional mandate requiring Congress to consider first the budget reverses the practice of the old Congress which yea rly took up the budget not at the beginning but at the end of the legislative ye ar.als. 1 (]bid. VI. This provision furnishes an opportunity on the part of th~ Presiden t at the ope ning of the r egular session of Congress (see Art. 23.240 TEXTBOOK ON THE PHILIPPINE CONSTITUTION s~c. The P resident may appear before Congress at any other time he may choose after the op ening of its regular session . merely propoJ.·ill be the basis o f the general appropriations act to be enacted by the CoP..

.A¥.. t.J:.b) · To be legally demandable and enforceable in courlR. an1l Tgn<H:i(⠢ \"<. right of wife to recei\'e support from her husband) or . 19(H) :241 ..~. 1 Scope.J.k of Junsdktwn:' 2 \ha.lli~I!. and to determine whether there has been a grave abuse of discretion amounting to lac k or excess of jurisdiction finfra.tLaf-. as used above.. 1 ~Palma See BhJck.!lhJJ.. t i§. The judicial power shall be V⠬'sted in one Supreme Court and in such lowe r courts as may be established by law.o..aU£.. (Sec. (1) ..dis.!-~DICIAL . (e.g . 17 SCRA :~1 \In\ 19.i DEPARTMENT -fc. 8~. ~ & S.. to la{.at~lfY-Jl1. Judicial ppUJ~r is the power to apply the laws to contests or disputes concernin g legally recognized rights OJ' duties between the State and private persons.sput~.rot<vpr-{.-1 it. G. t l~~.law.\ Article VIII . 2.u:lu.remgnize d...:.'1 (.the matter in di. eyes cl tllil. m the.d!_lju_(]_(c.sigm ent a~ Js equivalent.ot.I.. Inc . p.. Meaning of judicial power.udic.ial.imJ. rjght of cr~ditor to collect indebtednt>!'is of debtor under a con tract of loan).-law (e..jcious ~nd _a:rbitra_ry_:~~rc~seof .. or between individual litigants in cases properly brought before the judicial trib unals.ut i rm ~i I Law. 2nd ~o-d .CL~et.. has ?een jud iciall_y def\ned to ·~ean "w.J(I. Ciln.act Qn.It includes the duty of courts of justi ce: (crl to settle actual controversies involving rights which are legally demandabl e and enforceable. L par.pnwer. rights m11st he .P. Judicial power includes the duty of the c ourts of justice to settle actual conb·oversies involving rights whi<:h are legally demandable and enforceable.r. SECTION 1.~{~ --\L.J on the part of any branch or instrumentalit y of the government.ck vf autllllrity.g.f. and to detet-min⠬' whethe1· or not there bas been a grave abuse of discretion amounting to lack or excess ofjurisdiction on the part of an y branch or instrumentality of the Governm⠬'nt.d!:l.ri~ fr om law.~p:r.

e~ecutiv~. Macapagal. The President and Congress are not bound to seck the advice of the J udiciary a s t o what to do or not to do. . L-28790.. 12.l:£. arrest and detention of persons without charges.iaU. v:. ). 62. 1 fow.g. Gil. ) Giving of advisory opinions not a judicial function. op. 1975. L-34161. 6'fan vs. 1968. ac~y.~!./J..Jan.Jr. (.. not even the President or Congress can escape judicial scrutiny when facing complaints of great indiscretion or abuse of authority (e.o.W. p. Feb.Furt hermore. declaration of martial law without su ffici ent factual basis) by invoking the political nature of their acts or prono uncements. 6 Serrano v s. or connected with. Plana.It likewis e includes the incidental powers necessary to the effective discharge of the jud icial functions such as the power to punish persons ~djud ged in contempt.. and ( ll) to render binding judgmcnts.er~: -This doctrine callR for the ot h'}r departments being left alone to discharge their duties as they see fit.!. Sec. the administration of judicial functions. with so many cas es pending in courts wherein there is an actual and antagonistic assertion betwe en the parties. supra. (1) A. VI. April 29.s on the validity of what was done but only when proped y challenged in an appropriate legal proceedi ng:~ (3) Pe[Ld_(}!lf. Q[. .~~· . it may par.ofjudi(:f:g. L-34370.4 It i s not its function to give advisory opinions.P_O.ses.. 6 3 Black. 29. . At such time.The judiciary is entrusted by the Constitution with the function of deciding actual cases and controversies. 1972. (2) J! _o~:trinf! of:separq~fon.. it would not serve public interest at all if on hypothetical que stions or m atters their time and atte ntion would still have to be devoted. 3 (3) lr.t:~.242 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.._.ey f!!U!. Amorcs..2. Teehankee. fi7 Phil.) It is a function of executive officials..Q{fic. (see note 1 under Art. It cannot be required by law to exercise any power or to perform any duty not pe rtaining t.cJe!liG. 82. 17. supra.i.!_JfP.mc.) (2) PQWt?r.l:l. It is ~ prerequi site that something had been accompl ished or performed by either of them before a court may enter into the picture. 4f2J.:(. (infra.: It also includes the power: \. 22.:Y_o[ma[J-~.c:.o.b) to interpret them. (see Sec.ti._c. ⠢Noblejas vs.a) to pass upon the validity or constitutionality of the Ia ws of the State an d the acts of the other departments of the government (see Sec. cit....

:_£9. The Court sits en b~nc only to exercise administrative. )... . Sec.eme CQ!..).S. All other cour ts.OB. and (c) A Metropolitan Trial Court i n each Metropolitan area established by law.Y::~_s . (b) A Regionai 'rrial Court presided bx_ 720 Regional Trial Judges in each of the thirteen (13") regions of the country. a Municipal Trial Court in every ci ty not forming part of a metropolitan area and in each of the municipalities not comprised within a metropolitan area and a municipal circuit.Th e Philippine judicial system consists of a _ hier archy of courts r esembling a pyramid with the Supreme Court at the apex. XI. under the Constitution . (1) Classification of court8. may determine its functi ons and jurisdiction.~.s." (Sec.WJr:J. ) It cannot. t he other courts are: (a) A Court of Appeals with 69 'Justices headed by a Presiding Justice which ope rates in23' divisions each comprising three (3) members. Neither can it aboli sh the Sandiganbayan because its existence is constitutionally recognized althou gh Congress. 2.) The judiciary compos ed ofthe courts is one ofthe three main divisjons of power in our government.. the decisions of the Supreme Court are binding o n all lower tribunals. .ti. 4. meaning courts below that of the Supreme Court.t create an additional Supreme Court because the Cons titution provides for only "on~.s:. and a Municipal C ircuit 'l'ri.fQnsJ. They are r eferred to as lower courts in the Constitution. Under t he Judiciary Reorganization Act of 1980 (as amended).se of its legislative power.\!J). par.ourt. Sec. Judicial power. XI.JUDICIAL DEPARTMENT 243 Judicial power vested in one Supreme Court and in iower courts.itJ. . 2. or other non-adjudicatory function s.Jory c. (see Art. (2) Creation and abolition of courts by Congress. 1 ART. ( O.Bcgylq'. only the Supreme Court is a .al Cout·t in each area defined as a municipal circuit comprising one o r more cities and/or one or more municipalities grouped together accvrding to la w.In the exercise of its legis lative power . abolish the Su preme Court.. including the Sandiganbayan (see Art. neither can i. in th e exerc. . . 4..r... As the highest court of the land.. is "vested in one Supreme Court and in s uch lower courts as may be established by law. ) Organization of courts. in the sense of being a creation of the Const itution.i.al . (Sec.Under the provisirm. 1. .ceremonial.~rJ.n the sense that they are creations of law.U:t.Sec. however. Vlll.J(:ongress may 3bolish any or all lower courts and replace them wi th other courts subject to t he limitation that the reorganization shall not und ermine security of tenure. ar~a.

s.A.T:gtjp_r..244 TEXTBOOK ON T HE l'HfiAPPINE CONSTITUTION Sec.Judges of Municipal Cin:uit Courts with jurisdicti on over all cases arising unde r t he Code.l cour. They are agencies of executive cha racter.'o_n[icJen£. ( ll (.) RSee Article XIII . ~" is .wtikh means. XI.Judges of Re gional T:-ial Courts and Shnri'a Circuit Courts presided by Circuit Judges enjoy ing the ~arne privilege!\ as . an d the independent Constitutional Commission!5 do not form part of the integrated judicial system.Aside from t he regular courts. Presiding Justice) which operates in five (5) divisions each comprising three {3) members.hield of inn ocence and the in.r:. 43 O. . admi_ rJ:i$t. otherwise known as the Per~o nal Law>< of tht> Philippine~.. Quasi-judicial agencies . 19?7}. The courts perform a crucial function in society. among others.. 1606 pursuant to the mandate of the 1973 Con stituti on . 4. .a. ~:n .fudges enjoying tlH! same privileges a.a..G.~in_ <:JUI..cia. decisions of the CommisRione r of Internal Revenue involving internal revenue taxes and deci Bions of t he Commissioner of Customs involving customs duties. the Securities and Exchange CommiRsion..rJj!J.J<'t>b. etc. Sec. the Insurance Commission. =Pr~sident.Ju~ ._g ustic.. l fb l T~e Cnu rt n{ Tq:r Appeo. 10 Importance of the judiciary. No. th e Employees' Compensation Commis sion. Sect.ts. ifl_fhe.~⠢. (see Art._(}.fJi. Chief of Staff. there are under present laws special courts: (a) The 8andil{_ a1Jllqyan £:with 14 justices a nd a.ion 5 th<l renf. (see Sees. was created by Presidential Decree No. -. created under Republic Act No. the language of Lord Bryce: In "Nothing more clearly touches the welfare a nd security of the av er~ age citize n than his sense that he can rely on the certain and prompt admin istration of j ustice. an.i. (2) Bpe.159 the reof. 9282. Law is respected and supported when it is trusted as the ::. c 10 Ruffy vs.~ IL"shall continue to function a nd exercise its j urisdiction" a!) provided in sai d decree or as may be provided by a suhsequent law. 108:3 I. The a uthori ty for the ordering of courts-martial pertains to the Presi dent as Commander -in-Chief of the Armed Forces of the Philippines independently of legislation to aid him in properly commanding the Armed Forces a nd e nforci ng discipline. lik e the National Labor Relat-ions Comm ission.tin ...(. 5. judi c ial~ Administrative bodies under the executive branch per forming quasifunctions." created os part of th e judicial system.ial Decree No. 1125.La. 855.tpartial guardian of every "Code of Muslim courts of limited juri>'<didion known a:': 8hari'a District Co u rts presided by District . which has exclusive appellate jurisdiction to review on appeal. The same thing may be said of courts-martial.. rm.t. 1 A court may consist of several branches.t.cJ_⠬J!e'l. as am~ded by R. (with five justices and a Presiding justice) was...

Democracies. Vol. 5[61.e the law.~· ." 12 (3) B.:v. organization. a nd to enforce right!'!. p..s~c. the independence of the judiciary. and determine the number of Ju~tices composing the court (Sec. This being true. 384.t and execut. (1) .)..[Jhe governmkt. (c) The S upreme Court is given the authority to appoint all officials and empl oyees of t he judiciary {Sec. 1 ART.r.f. pp.Acco rding to Chancellor James Kent: "Where there is no judicial department to int. if it be weakly or unfaithfully enforced. It is also essentia l that cou rts a re not infl uenced by the vagaries of public opinion or sentiment nor !!WIIyed b y any pressure from interelit groups. . for it is more by the certainty than by the severity of punishment that offenses are repressed . (b) Congress cannot prescribe the manner in which the Supreme Court should sit." 13 Independence of the judiciary. safeguarding judicial independence.. If they have respect for the work of t he courts. " 11 ( 2) .). x x x But if the law be dishonestly administered. 12Cited 11Modern . in G . If the lamp of justice goes out in darkness. \lain constitutional provisionr.spet. the guarantees of order fail .ntiQ!1Jt. 4[11. 5.£.fo_r_:_.HJD£CIAL DEPARTMENT 245 private civil right. t h e government must either perish by its own imbec.).In a democracy. 142.r. 4-5 lpamphlei}. that is.istration of justice. Justice Arthur Vande1·bilt: "It is in the courts and not in the leg i slature that our citizens primarily feel the keen cutting edge of the law.e. their respect for law and order will banish with it to the great detriment of society.e. Zaide .:ility or the other departmen ts of government must usurp powers for the purpose of commanding obedience. to decide controversies. the Constitution secures. to wit: (~ Congress may not deprive the Supreme Cour t of the constitutional powers gran ted to it (Sees. VTJl ..cr prP.t.~upra . . in a number of ways. thei r respect fo r law will surv ive t he shortcomings of a ny other bran ch of the government.l".In t he words of Mr. 2.lg_w _g_'1¢ _f!rs!. 14 True judicial independence implies indep cndt>m:t> not only from the other branches of the government but also from any o ther ins titution.~S. the courts enjoy independence.. how great is that darkne8s. they are free to perform t heir functions without interference from the executive or legislative bra nch of the government. 2. passionately devoted to the impar tial admir. . --. or person. 14 For a government of law and not of men ca n be assured only by a judiciary that is independent and free . bul if they lose their respect for the wor k of the courts. 1 3Th~ Challeng e of Law Reform. the salt has lost its savour. p. to t he destruction of liberty.

and the provision giving specific authorization to the Supreme Co urt to order a change of venue or place of trial to avoid a miscarriage of justi ce.). (see Sec. XI.) (2) Other constitutional provisions. 14. ). and apportion th e jurisdiction of the various courts but may not deprive the Supreme Court of it s jurisdiction over.The constitutional policy of an independe nt judiciary is further strengthened by the provisions transferring (from the De partment of Justice I to the Supreme Court the adminis· trative supervision over al l courts and the personnel then~of (Sec. 19i9. every judge sets the threshold of his own independence. N o constitution can do that for him if he does not possess the strength of charac ter expected of those appointed to the bench. and (g) The judiciary enjoys fiscal autonomy. 5l3J. 1" SEC. Dec. The Congress shall have the power to define. presc1·jbe.) (3) Criticism of courts. 14. Re spect of the people for the courts is the only sure guarantee for their stabilit y and permanence. namely: 16 Andres vs. VI. 2. Power to apportion jurisdiction of various courts · vested in Congress.) But critic ism should be fair and constructive and based on facts. 5l4J. 2 (A) The members of the Supreme Court and judges of lower courts enjoy security o f tenure (Sec. Cabrera. prescribe. and apportion the jurisdiction of the various courts is veste d by the Constitution in Congress. Sec. Sec. (() The members of the Supreme Court can only be removed through the difficu lt process of impeachment (Art.246 TEXTBOOK ON THI-: PHILlPPTNE CONSTTTUTION Sec. No law shall be passe d reorganizing the Judiciary when it undermines the security of tenure of its Me mbers. there are three (3) limitations to t he exercise of this power. . works equally to promote the independence of the courts. 3. 7 . Sec. 94 SCRA 512. while designed to shield th em from corruption. -The courts are not !:leyond criticism because of the c onstitutional guarantee of freedom of expression.).) and the authority to assign tempora rily judges of lower courts to other stations as the public interest may require (Sec.) The prohibition against members of Congress personally appear ing as counsel before any court (Art. The power t o define. cases enumerated in Section 5 hereof. However. .).). Sec. (Art. (Sec. Irresponsible criticism also tends to erode the faith of the people in the administration of justice. III. 6. In the final analysis. 11. 4. 2. 10 . I. (e) Their salaries cannot be decreased du1·ing their continuance in office (Sec.

The prohibition again st reduction by Cong ress of the appropriations for the judiciary below the amounts appropriated for the previous year assures.Zu.. Sec. in the past. The Judiciary shall enjoy fiscal autonomy. (6) Concurrent. .l.ff. The Constitution takes into account the fact that the administrat ion of justice... supra. It may be: (1) .g. j~~. 9 ART.when it can take a case already h eard and decided by a lower c ourt removed from the latter by appeal. . Fiscal autonomy.).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.). time. g.lr£tg_.rt..S~<. 'l'he ap propriations for the judiciary may not be reduced as provided above but they may be increased. Vlii.. craJ. at least.E. when any one of two or mol'e co urts may take (7) CLimi.Ge.i_l!e. try. (2)_IArn:itecj_. Section 3 seeks t o further insure the independence of the j udi ciary.. collection of debt). after approval.that which exist s fo r the punishment of crime.when it can try and decide a case which cannot be pre sented before any othe1· court. has always been at the bottom list of priorities in government budgetary appropriations. and decide a case. 3. --when it is empowered to decide all disputes which may a come b efore it except those assigned to other courts (e.. . .g. spec ified cases (e. and (3) ·No law shall be passed increasing t he appellate jurisdiction of the Supreme Court without its advice and concurrenc e.. wh en it can try and decide a case presented for t he first (4 ) gpp~t. (5) .fl<l. Orig~TJ:. is the power and authority of a court to hear .~r.. Appro· priations for the Judicia ry may not be reduced by the legislature below the amount appropriated for the p revious year and.. jurisdiction of the Region al Trial Courts). that the minimal funding requirements of th e judiciary will be met. shall be automatically and regularly released. jurisdiction of special courts. VI.of a criminaT nature (e.) Jurisdiction of courts. (3).when it has authority to hear and determine only a few . 30. Jurisdi(:tio!J.g. cognizance-or-a case. and (8) (. (2) No law shall be passed r eorganizing the judiciary when it undermines securi ty of tenure guaranteed in Section 11. SEC.that which exists when the s ubject matter is not . (Art.

orders.1:" i!l .~ie>R. The Supreme Court may sit and hear casesilll.Qers including the _Chief Justice under the 1973 Charter (Sec. The new Constitution retained the membership of the Supreme Court of fifteenJ15) me~. co\lT. or seven Members. and in no case.e~~b_M~JP.) to co pe with the continuing increase in the number of cases brought about by a growin g population. Cases or matters heard by a division shall be decided or resolved with the concu rrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. proclamations. __(iiyi.ll~e.4 After approval. In the past. That. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. Even when the membership of the Cou rt was fixed at fifteen ( 15).4?.t. vacancies in the Supreme Cour t sometimes remain unfilled for a 1ong time..t.e.versed ~~E:Pt by th.t:.!mn.orHre. ~~!1-~.sl2~tti. or operation of pres idential decrees. 4[1].m~y_Q~__m..e. the case shall be decided en bane: Provided. which shall be heard by the Supreme Court en bane. The Constitution requires any vacancy to be filled within ninety ( 90) days from the occurrence thereof. (2) All cases involving the constitutionality of a treaty.t:e. the appropriations shall be automatically and regularly released . 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 ther eon.248 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. in cluding those involving the constitutionality.Q~ifl~d. 4r1D)t is now the Supr eme Court that decides whether or not it will sit in divisions. thus making it financially independent. . application.b. or law. five. ordinances. without the concurr ence of at least th. It may sit en bane or in its discretion.. or seven (Jj membe?s:'{Sec.f£nc (i.m b an._ne or principl~ _<?. and all other cases which under the Rules of Court are t⠢equired to be heard en bane. SEC. in· structions. and other regu lations.mting.t~-~-d~!§i«m l~. international or exec utive agreement.c-1 (3) Composition of the Supreme Court.~_ed ~n bane . Sitting procedure. as one body) or in divi sions of three <:U.e. Any vacancy shall be filled within ninety days from the occurrence thereof. 4.h.no . it was seldom constituted. in divisions of thr ee. without having to plead to the Preside nt or budget officials for their release. When the required number is not obtained. five (5).~~~_)~i-~-~~~!1-_hY.

4[3). composed of five (5) m embers e ach.r J. international or executive agreement. the number of divisions will be five (5) . 4(3).re. In case of two (2) division8. and (_5) Cases modifying or r eversing a doctrine or principle .of layv laid down b y the Court in a decision rendered en bane or in division shall be decided by th e Court sitting en bane. proclamation s.Qf. The quorum of toe Supreme Court when sitting en bane is eight (f?J. Cases to be heard or decided en bane and vote required. ordinances and other regulations which under the rules of co urt 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. there is always the possibility that e ach of the three (3) divisions may render inconsistent decisions. The different sizes of the divisions would indicate the relative imp ortance of the case being heard.). Although a doct rine or prin ciple of law render ed en bane or in division may be modified or reversed only b y the court sitting en bane (Sec..e.~u..Jlaie.and.d. 4[2]. the case shall be decided en bane (Sec. (!bid. o r law.case .ty Qf th.s~_j.). VIII.d.!:!n~(L. 11. or ders. the ~o_nctJ. th.n~Q. composed ofthree f3 ) members each.r.r. They are: (j) All cases involving the constitutionality of a treaty. applicat ion or operation of president ial decrees.). (4) Cases heard by a aivision shall be decided or resolved with the concurrence likewise of t he same majority of the m ember s who are at least three (3) in nu mber but if such required number is not obtai ned..IJl..).~§. international or exec utive agreement.who actually _took pa.. (Sec. three (3).. 4 ART.Sec. the votes of five C9J are sufficient for rendering a decision on ~li cases required to be heard en bane provided they actually took part in the deliberations on the issues in th e case. or two (2). H ence. or law (statute) shall always be heard and decided by t h e Sup reme Court en bane. -JUDICIAL DEPART:I-1ENT 249 On t he basis of fifteen (15 ) members.i. instructions. its constitutionality shall be deemed upheld.i! maiori. unconstitutional. infra. there wilJ be eight (8) members including the Chief Justice in one division. and seven (7) in the other.) .nJh..on is. the same majority vote is necessary to order such dismi ~sa l (see Sec.Jrl e.the.eJ. By sitting in divisions . meeting separately. . The decision of a div i sion is the decision of the Supreme Court itself.n.Jhe .. the Supreme Court inc reases its capacity to dispose of cases pending before it. requiri.leliberatio.) When the necessary majority cannot be had. . (2) All other cases including those involving the co~titut ionality. To declare a treaty.b.

~rsuqnc~_!2LQcts 9LJ. (see Article VII. supra.250 TEXTBOOK ON THE PHILIPPINE CONSTITL'TION Sec. Sec.exec_utive acts affecting external relations and independent of le gislative authorization. An example is the executive agreement entere::l into between the President of the Philippines and the President of the U-nited States on July 4. the Supreme Court partiCularly. (see A1·t. Sec. op. b). Through such power.. a nd matters affecting trademarks and copyrights. _i'. ~ee Article VII. They affect internal affairs and domestic rightg_ They include tariff and postal arrangements. 1 The line between such agreement and a treaty (see Art. Commonwealth Act No. It is because the courts are the official (bu t not necessarily the only) interpreters of th~· Constitution that a study of 0ur C onstitution is.k-_iq.!':terl!.-U. An .~gcutjve agreem. and the like. the judiciary.e.ure.. Classes of executive agreements. to interpret the Constitution and to declare any legislative or executive act invalid because i'i: is in conflict with the fundamental law.P. The power of. ⠢See V. a study of judicial decisions and opinions on the meaning and application of its provisions.cl. VII. 1941. 21.'(!. Article VIII of the Constitution. in large measure. 4 Meaning of executive agreement. namely: ( 1) Those ma. 2 . p.. enforces a~d upholds the rule of law and supremacy of the Constitution.Ei. XVIII.3 there is no difference between treaties and exe cutive agreements in their binding effect upon the states concerned.. 'This is debatable.?:Y is the power of the courts. Section 21. 3) and 5(2.f.S. a. 2 From the poi nt of view of internationallaw. Sec.J The 1947 R.hQ§. T his authority is derived by clear implication from the provisions of Sel~ tions 4( 2.lJ.iJJ£l. visa fees. commercial relations. known as the Bell Trade Agr eement which was entered pursuant to a congressional acL 4 Meaning of power of !udicial review. Sinco. and (2) 'I.l~ as.tto_j_n_ pJ. 733. 296. cit.~ is an agreement entered into by the President on behalf of the Philippines with the government of another country and is effective and b inding upon the Philippines even without the concurrence of Congress. The act i.e_ ~.ck p.. Executive agreements may be classified into two groups..G..ongres§_.} "As to m eaning of international agreement. Military Base s Agreement was merely an executive agreement. 25. ultimately of the Supreme Court. 'fhey are used in the settlement of pecuniary claims of citizens against foreign countries for violation of rights protected by treatie s or by rules of international law.) is not easi ly defined although it may be generally said that the former deals usually with routine matters not thought to require the formality of a treaty. 2l.

. 6 See U.eminently pplitical char~:ot. determine_w.~r.kQngr~ (Sec... the guilt or liability of one accused of violation of law.Q.S.. there fore.J . . 358.P. the President and Congress) of the government and are. @must be sustained unless clearly repugnant to the Constitution in view o f the presumption of validity. CX_£!'_~~~lY. Thus. Jn other words.e.a.th~_U!l}!~~lions ar~~ 0) There must be a concurrence of at least a majority of the members who actuall y took part in the deliberations on the issues in the case and voted thereon (Se c 4[2.5 (.~~i.) Limitations on exercise of power of judicial review.. A law.u·~Jl.to..~~-~!⠢m._p_l~~~ig _~~~i<:l!.ther.i -.. :.has bee n a graye abuse ofdis~:retiQO Qn th.S.. issues concerning the claim of a person against another.~~ti:.Qf. 24 Phil.) and.6 and (4) Political questions are generally addressed to the political (i.rt the eow er to dechu:e.not.e. when there are two possible inter pretations. . .....JUDICIAL DEPARTMENT 251 The power of judicial review now includes "the duty to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisd iction on the part of any branch or instrumentality of the Government. . It is one which is proper to be examined or decided in courts of jus tice because its determination would not invol\'e an encroachment upon the legis lative or executive power. are essentially within the competence of courts to pass upon. Iu.. p<. and generally those involving the interpretation oflaws. the court should adopt the latter. propriety. is not open to determination by the court.Il£onstjtutional dcspite.P." (Sec. treaties.b.~on~Jj~_l!tiopalitY.wisd om. Ten Yu.. or necessity of a law. 7 -The C.e~or.n. (infra.) This is true although the question before the court may be political i n character. 1.Sec._. A justiciable questio'f] is one which affects personal or property rights accord ed to every member of the community in cases properly brought before the judical tribunals.e. or th e Constitution.rii~-ki~i (Sec.). 3].ecr~_e.1 .~'f_!:l_a_ty. I... 4 ART. by one of which a statute would be unconstitutional.~s involviqgJb.the.r. 4(2]. :_ Justiciable question distinguishe41 from political question. 7 (~) ..chippewa Indiana vs. 2. 301 U.1hc. elective ) branches (namely.. VIU. etc. U. the right of a citizen in relation to the gove rnment.~. -. 40. par.~§...however. 2. ·..}''(The question of. the powers of a government agency or office.S. notjusticiable. which ordinarily cannot be inquired into by the courts. vs.~. and by the othe r would be valid. par.ai. confers upon tl}e_?~reme Cou...tc.~ _]avv_.~rtQf.

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

Original jurisdiction of Supreme Court over cases affecting ambassadors..1\..~?. (3) As sign temporarily judges of lower courts to other s t a· tions as public interest ma y require.1 They refer. 235. 20U.. Pa rt 2. -~h. shall be uniform for all courts of the same grad e.l? tfr~!!l. §.l._c..slor ~ r .1i naJ.~.H~. and not thos e of the Phi lippines.A .~ .S. minj.!:.sul.!!!. ~. d t.J2J.ste.Qf an ambass. Such rules sh all provide a simplifie d and inexp e n sive procedure for the s p eedy dis posit ion of cases.i n . (6) Appoint all officials and employees of the Judiciary in accordance with th e Civ il Ser vice Law. etc. fi ART. ~~-~i~k~ . Cot\!\t. .Lis .J~ :->. o~ tl:t~ co~ n~ ry _~o whi~h. Moran.PARTMENT 253 (d) All criminal cases in which the penalty imposed is reclusion perpetua or hig her. 1 .~cr~_d!ted.c.e. and procedur e in all courts. Rules of procedure of s pecial courts a nd quasi·ju dicia l bodies shall r emain effective unless disapproved by the Supre m e Court .C.\.h ey are accredited. (e) All cases in which only an error or question of law is involved. pleading..:r:.. JUl>lCIAL DF.!blic mini st~rs a re exempt from the jurisdiction of tribunals of the country to which t.n. the admission to the practice of law.i.i ng 70 Op.St~c. T his i s based on the principle of i nternationallaw that they a re con~idered extens i ons of the sovereignty of the states which thty r epresent . The origi na l jurisdiction conferred is concurrent (sup ra.P.. (5} Promulgate rules concerning the prot ection and enforcement of constitutional rights. 3 lbid. h~_j_s . See S chnekenhergcr vs. and s h a ll not diminish. U. i. ambassador§and othe[.rosecuti on.~.r .U~~.!. j 3 P. or modify substantive r ights. o~.. ) with th at of Regional 1'ria l Courts whose decis ions m ~y be appeale d to the Supreme Court.K~~ anrl. p.b ~~ t ~9 . h o wey_~E. The words "ambassadors. Ja. 62 Phil.§!Y.~. 2 U. Gen.S . Atty.n. Q<J.c.~~EJ. the Integrated Ba r . pradice. V1/l.. to those of a foreign country.2 As a rule. A ~9 .Qlhl. (4) Orde r a change of ve nue or place of tri a l to avoid a mis carriage of justice.o.U h~~J.. and legal assistance to the u nderprivileged. Suc h temporary assign· ment shall n ot exceed six m onths without t h e consent of the judge concer ned .o.. other public ministe rs a nd consuls" include all possib le diplomatic agents which a ny foreign power may accr edit to a nother state.. 429.0~ ~:t~_priy. a. .n.1J. t herefore. increase.

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

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

r.14 C_l!f!!)." Such rules have the force and effect of law. and procedure in all courts.) The reason is that a judge enjoys security of tenure (Sec.Lthe. Rules of procedure of special courts (i. 1975.by.. and legal assistance to the underprivileged. ) This had been done before in one case under t he 1935 Constitution by the Suprem e Court where the complainants who were also the prosecution witnesses in several criminal cases against the accused.~. and there was no guarantee that such a possib ility would not take place.. 6.U~ jL~. (Sec.. A regional trial court judge is appointed by region. Nov.i&. . a membe r of a family known to be very powerful and influenti al in the place of trial. 1 1 ~B. 1970. 5[4]. vs. 26. The Supreme Court is vested by the Constitution with full legislative authority to promulgate rules concerning the protection and enforcement of constitutional rights.PI@c:e 9t t_r~!~ The Supreme Court can order a change of venue or place of trial whenever the imp erative of securing a fair and impartial trial or of preventing a miscarriage of justice so demands. by_th~ -~~t~Q§i. popularly k nown as the ~nantay Case". et al. Gu t ierrez.sid&ru. to relieve the clogged dockets of a court which is vacan t) while at the same time protecting the right of a judge to permanency at a sta tion.. The ~tation of a judge is the place where he is assigned by law to hold reg ular sessions. ~People . practice. were reluctant to testify.g.J~ff~. Nov. Pelotin.Ere. it appearing that they had reasons to fear that attem pts would be made to silence them. 5[3]..ted wrt l!_!!t~ . the admission to the pr actice oflaw.~-(lt ?.!~. He may be assigned to any regionaf branch of the court in the city or municipality within the same region without the need o f his consent because the whole region is his station. the integrated bar. the present Constitution expressly invests the Supr. C ourt !)f Tax Appeals) and quasi-judicial bodies (e. (Sec.n~W-fl. <Lf. T he rules promulgated are called the "Rules of Court.P.. see also People vs.ment ..Q~ of v~n'!~ Qt.f_t~ ~ i~~~-~()~. .P. · (~) I.~m .tr~:usfe. vs.ru>iill.QJllY be. 129.<:~1.e nJ 9. 5 consent accommodates t he demand for such detail when required by the exigencies of the service (e.) and such transfer is tantam ount to removal from one office (former station) and an appointment to a new off ice.. L-41313.g.em e Court with the specific prerogative to transfer the place of hearing in the interest of truth and justice.the_.:~~4--~119: . 197 5. Insurance Commission. Sandiganbayan.t.. 11.25(i TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. Menabad.e.@.. L-35377-78. pleading.. July 31. c~:!!~. Mondiguing. 15 Rather than make the Supreme Court rely upon the general grant of judicial power . l r 32282-83.fl.~_pcrm. Sec urities Big. Section 17.

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

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

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

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

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

5 (Sec. 129. de termine their innocence ot· guil t. infra. ' (2) Stat utory. a task earnest and sol emn almost partaking of the divine. being extremely important. These statutory qualifications are now provided for under a law passed by the defunct Batasang Pambans a.n. ) is a prerequisite to the practice of law in the Philippines. and in criminal cases.) Membership in the Bar (infra. integrity.The possession of the legal qualifications prescribed for appointment to the judiciary and the existence of constitutional safeguards to protect judicial independence (supra. the r equirement of me mbership in t he Bar a nd pr actice of law for appointment t o the judiciary. Ra mos . Jan. Montemayor in Ocampo vs.e. so as to forestall any harm or pr ejudice to litigants. (sec Sec.Ch. '· .li. the dispensin g of justice. 18.262 TEXTROOK ON THE P HILIP PI_:i!E CON STIT'CTION Sec. even their l ives.te. A. . It is a serious task.G.) :' "There can be no surer guara ntee for a true administration of .r:ac. 1053. i. fr ee from all outside pressure a nd influence . . a nd (b) He must be a member of the Philippine Bar ( Sec.M. is both delicate a nd singular. (Pangan vs.J. Hence. 147. 7. 7 s econd-class citizens."Compared to other public functions and (luties.r. Sept. To sit in judgment over one's fellowmen.Congress is given t he authority to prescribe additional qualificatio ns fo r judges of lower courts. No. probity and indepen dence.~.) are n o assu rance that the appointee will discharge the duties of his office impartially.. 7[2]. justice than the God-given character and fi tness of those appointed to ~It is the official record cont aining the names and signatures of those who are autho rized to practice Jaw. is no ordinary chore or busin ess. . which decision affects a nd involves their freedom. 5[5]. 51 O. 6 The administration of justice. 6 S ec Batas Pambans a Blg. (1) NaJ.. 1955. .ncL.fit. It is obvious tha t judges should possess proficiency in law in order that they can competently co nstrue and apply the law to cases before them. Secreta ry of Justice. 7[3].). to pass upon their contr oversies involving th eir rights and fortunes. the :-nat ur al-born requirement was retained principally by reason of the · fact that their dec isions are generally final.!. lheir honor. In the case of members of appellate courts. 1979._a. weighty and fraug ht with grave responsibility and of far-reaching effects.) The abov e are the minimal qualifications which cannot be altered by Congress."7 (2) . and (c ) He must be a person of proven competence. a lawyer whose n ame is duly inscribed in the Roll of Attorne ys 4 Of the Supreme Court. 7 Dissenting: Justice M. ) · 5/fhis additional criterion for selection of members of the judiciary is left t o the subjective determination of the Judicial and Bar Council and the President .a.~_o{ iud_g_e_.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Coun cil and shall keep a record of its proceedings. 8 AH. a retired Member of the Supreme Court. and regardless of wealth. The framers of our Constitut ion wanted the person exercil:ling the judicial function to be absolutely impart ial and independent-minded so that the parties before him can obtaia and receive justice based only on the merit of their claims 'h. 561-MJ. the representative of the Integrated Bar shall serve fo r four years. It may exercise such other functions and duties as the S upreme Court may assign to it. and a representative of the private sector. The judges may be guaranteed a fixed tenure of office during good beh avior and a salary that cannot be decreased. 29. Of the Members first appointed. the Se cretary of Justice. (4) The regular Members of the C ouncil shall receive such emoluments as may be determined by the Supreme Court. A. 9Baria vs.. 9 SEC.JUDICIAL DF:PARTMENT 263 the bench.Sec. -There is no place in the ju diciary for those who cannot meet the exacting s tandards of judicial competence a nd integrity. (5) The Council shall have the principal function of recommending appoi ntees to the Judiciary. 'liii. the retired Justice for two years. power and influence of their a dversaries.M . 8. No. The Supreme Court shall provide in its annual budget the appropriations for the Coun~il. S f bid. Although every office in the government is a public trust.. x x however humble and lowl y and poor they may be. and a representative of the Congress as ex officio Member. but if they are of such a stuff as allows them to be subservient to one adminis tration after another. a representative ofthe Integrated Bar."8 (3) Judicial standards more exacting. . Bercacacio. Dec. 1976. a professor oflaw. the independence of the judiciary w ill be not hing more than a myth or an empty ideal. (2) The regular members of the Council shall be app()inted by the President for a term of four years with the consent of the Commission on Appointments. the professor of law for three years. and the representative o~ the private sector for one year. no p osition exacts a greater demand on moral righteousness and uprightness of a n in dividual than a seat in the judiciary.T. or to cater to the wishes of one litigant after another. (1) A Judicial and Bar Council is hereby created under the supervision o f the Supreme Court composed of the Chief Justice as ex officio Chairman.

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

e and..e. prd.r~me CoJJ. probity and independence. in place of the Commission on Appointments. (2) Purpose of the prohibition. 1987.The salary ofthe members of the Supreme Cou rt and of judges of lower courts shall be fixed by law. their salary shall not be decreased. or . 253 U.. . thereop.a ·sEC. it may not reduce the same during his in cumbency.es and judges will further insulate the judiciary from political intrusion. ~A. 10·11 ART. against in· crease in sa]a!'y which may be made effective immediately. 552 . 152 SCRA 284. The salaries of the members of the Supreme Court an d judges of lower courts are subject to the payment of income tax. JUDICIAL DEPAR'f}. voted.~_s_ht tb. Sec.. Enden<: ia vs. 10.S~P. that the new nominating and sel ection process h as not completely removed politics and outside influence in the process.~Jt ~.o n th~ . ~~l'. 86 Phil. 93 Phil..000. and of judges of lower courts shall be fixed by law.i.P. result in the appointment only of persons "of proven competence. .. 79.'5. ." contribute to the substantial improvement of t he administration of justice.s . "" . . of Internal Revenue . Duri ng their continuance in office. however.r . a power over a man's subsistence am oun t~ to a power over his will . XVIII.I1. The Federalist. 17 .e..The purpose is not to benefit the ju dges but to attract good and competent men to the bench and to promote their ind ependence of action and judgment. of lower courts. ap pointments to the judiciary were claimed to have been influenced by political an d other extraneous reasons. Critics say. The salary of the Chief Justice and of the Associate Justices of the Supreme Court. Comm.... dis~ipline. inte grity. Perfecto vs.:Wh.ss-g. It is expected that giving to the Judicial and Bar C ouncil.of the Memher&. No. the initial annua l salary of the Chief Justice is P240.1ENT 265 ( 4) Exclusive authority to recommend appointees to judiciary.t As has been said: "In the general course of h uman nature. Compensation of members of the judiciary. VIII.:l..t~-Y~$!!_s or become incapacit ated to discharge the duties of their office. ··⠢· . Davi d. Hamilton.S. ':l'l!~ . however. the exclusive authority to n ominate justic. .their d~~~~~~J. Meer.~i<m. .. . and enhance the faith of the people in the courts and their respect for law..~~ .majority. 11. 696.) After Congress has fixed the compensation of any of them.tA.('.e r.ln the past.Y-. judges. 1Evans vs. July 2. (1) Prohibition against reduction." 2 There is n o prohibition . Until Congress shall pro vide otherwise.000 and each Associate Justice. SEC. .t2.9W.1! vot.i .&UJ ban e.. (see Art.. The M embers of the Supreme Court and judges of lower courts shall hold office during good behavior until they -reach the age of sev~p. 246. ~l!. ~Nitafan vs.P. Gore.~ .ofa.Se~.o tctua lly too~ part in ti~e delib~r. P204. :.

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

1810-CTJ. By a vote of a majority of the me mbers who actually took part in the de liberations on the issues in the case and voted thereon. 1974. This practice is no longer possible under the ne w Cons titution. 12. VIII. Prohibition against designation to quasi-judicial and/or administrative agencies . In the past administration. -JUDICIAL DEPART:-.M . 4 including justices of the Court of Appeals and the Sandiga nbayan. No. within the meaning of the Constitution. 284. The present Constitution gives to t he Supreme Court the power to discipline jud ges oflower courts. â ¢See Supreme Court Resolution dated July 25 . not h is character as a pr ivate individual.) (2) As regards judges of lower courts. Sec. (se e Art. the determination by the Supreme Court as to whether there has been a de viation or not from the r equirement of good beh avior is conclusive since it alone has t he power to order their dismissal.s. 3 ( 1 ) With reference to the m embers of the Supreme Court. Judge. A.1ENT 267 Meaning of good behavior.:!9. it can order their dism issaFâ ¢ (Sec.) SEC. the powe r to discipline or remove judges of lower court s was exercised by the President upon recomme ndation of the S upreme Court in t he caF. 2. June :. The misconduct of a judge that will warrant disciplinary action by the S upreme Court must have a direct r elation to and be connected with the performan ~ of his offici al du ties. So. 67 and 97. 11.s~c. 12 ART. Disciplining or dismissal of judges of lower courts. Section 8 prohibits the designation by the President of members of the Supreme Court a nd of other courts established by law to any agency perf orming quasi-judicial and/or administrative functi ons. (Salced o vt~. 296. it implies that they have n ot committed any of the offenses which are gr oun ds for impeachment. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrati ve functions.) . Qood behavior is conduct authorized by law. XI. Roll. 1979.e of judges of the Courts of First Instance <now Regional Trial Courts) a nd on the recommendation of the di:>trictjudgc in the case of municipal judgl'~. mere mistake or error of judgmen t is not a breach of good behavior. 3 State v. No.A. a t t he same time retaining their ran k or seniority as such members. 1 Ohio Decision.) 5 During the effectivity of the 1935 Constitution. to j ust1fy expulsion from office. m embers of the judiciary were sometimes designated to executive positions in the government. Sees. (see R.

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

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

. L-28126.) empowert"!d t h e Supreme Co urt to promul gate ru les on t h t promulgation of what a r e k n own as ~minute resolutions. (3) Upon the expiration of the corresponding p eri od. 1975.. 28. 828. Cah angi. 15 Phil. (4) Despite the expiration of the applicable mandatory period. a m inute reRolulion s tates briefly the action a court ha8 ta ken on a petition or motion without citing the factual and l egal basi. however. SEC." As distinguished from a decision. op. also of all lower courts.s. . t he court. that cour ts should state t he facts and the reasons upon which their decisions rest. Lee vs. 332.3 The rule applies to the d ecision s not only of the Supreme Court buj:. 15.G. of such a resolution (e. Geraldez .270 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. or memorandum r equired b y the Rules of Court or by the court itself. Sinco. "Denied for lack of merit" or ucranted"l. p. 9 lhe re of. supr a.g. and served upon the parties. Nov. It is certainly desi rable in the interest of clearness and certainty.. twelve months f or all lower collegiate courts. and. X. Sec. witho ut prejudice to s uch responsibility as may "Bernabe vs. it is sufficient for the court to state only the legal basi s for its refusal to give th em due course or for their denial to save time for the court. to petitions fo r review or motions fo r reconsideration of a de cision of any court. ''Ocampo vs. and three months for all other lower courts. a certification to this effect signe d by the Chief Justice or the presiding judge shall forthwith b e issued and a copy thereof attached to the record of t he case or matter. J uly 21. unless reduced by the Supreme Court.~ It would seem t h at a court is not required to cite the factual or legal basis of its resolution granting a petition for 1·eview or motion for reconsi deration of its decisions. brief. 15 j udiciary is that th u decision rend ered makes clear why either party prevaile d under t be law applicable to the facts established. L-39721. cit . 5 ot herwise rights based upon them would have no concrete and lasting evidence. "V. 'The 1973 Constitution (Art. The certification shall state w hy a decision or resolution has not been rendered or issued within said period. and errors committed by courts lower than the Supreme Court might escape detection a nd rem ain uncorrected to the detrime nt of the parties and t he administration of j ustice!. 1975. Bernabe vs. With res pect . Geraldez. (1) All cases or matters filed after the effectivity of this Constituti on must be decided or resolved within twentyfour months from date of submission for the Supreme Court. Court of Appeals. (2) A case o r matter shall be deemed s ubmitted for decision or r esolution upon t he filing of the last pleading.

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

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

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

a nd their deputies and assistants (Art. The Constitutional Commissions shall appoint their officials and employe es in accordance with law. Sees. Their disabilities during their continuance in office are similar to those imposed on the President and the Vice-President. the four (4) . 000 a nd Pl80. and the members of Cong:ess (Art. do not includ e the Commisl>ion on Human Rights. (see Art. Disabilities of members of Constitutional Commissions. 2-4 SEC.) is a lso protected in relation to t he members of the Co nstitutional Commissions . including government-owned or -controlled corporations or their s ubsidiaries. under Article IX. As independent bodies charged with the sole a nd exclusive responsibility for th e proper management of their respective offices. in any contract with. hold any other office or employment. the Vice President. which can be increased but not decreased by law during their continu ance in office. 10. The salary of the Chairman and the Commissioners shall be fixed by law a nd shall not b e d ecreased during their tenure . Sec. any of its subdivisions. SEC.q which the Constitution expressly guards in the case of the President. â ¢ SEC. Any decrease will affect only the Chairman or the Commissioners appointed s ubsequently to the enactment of the law. during his tenure. VIII.). respectively. (see Art. Sec. Neither shall he engage in the practice of any p rofession or in the active management or control of any business which in any wa y may be affected by the functions of h is office. 13-14.) It would seem that Section 17 of Article XVH does not apply to the Commission on Human Rights. The fiduciary nature of a public offic. 3.000. 4.VI . or inst rumentalities. VII.274 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sees. XIII. 2. No Member of a Constitutional Commission shall. members of the Cabinet. 13. Appointment and removal of officials and employees.) Sa id provision r efers to the "Constitutional Commissions" which. Section 17 of Article XVII (Transitory Provisions) prescribes the initi?. 17 . nor shall he be financially i nterested. agencies. Compensation of members of Constitutional Commissions. directly or indirec tly. or in any franchise or privilege granted by the Government. Sec.l annua l salaries for the Chairman a nd Members of a Constitutional Commission at P204.

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

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

or ruling o f each Commission. THE CIVIL SERVICE COMMISSION SECTION 1. as amended by R. Each Commission shall perform such other functions as may be provided by law. B. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment.A. It is composed of a Chairman and t wo Commission er s. Congress is empowered to presc ribe by law the manner and period of review of the decision.e Commission.) The former C ivil Service Commission before the 19n Constitution was a statutory one-man Comm ission. In no case shall any Member be appointed or designat ed in a temporary or acting capacity. and another Commissioner for three years. Appointment to any vacancy shall be only for the unexpir ed term of the predecessor. . IX. by means of legislation. and must n ot have been candidates for any elective position in the elections immediate ly preceding their appointment. a Commissioner for five years. 1[1). "each Commission shall perform s uch other functions as may be provided by law: ' Thus. No. at least thirt y-five ye ars of age. -CONSTITUTIONAL COMMISSlONS B. without reappointment. (1) The civil service shall be administered by the Civil Service Comm ission composed of a Chairman and two Commissioners who shall b e natural-born c itizens of the Philippines and. No. ordt>r. 6040. Composition of the Civil Servic.ART. Additional functions under the law. the Commissions can be given the necessary measure of flexibility in the dischar ge of their constitutional t asks . 1 Its conversion into a collegiate body is envisioned to enhance its ind ependence on the theory that it will be more :R. at the time of their appointment. In addition to their constitutional functions . Congress cannot diminish the powers and functions granted by the Constitution to the Commissions. with proven capacity for public administration. cSec.A. 8. the Chairman shall hold office for seven years. Ofthose first appointed. 2260. executory and not appealable. Of cou1·se. The Civil Servict> Commission 277 sion on Elections on election contests involving elective municipal and barangay offices are final. SEC.

.. Knowl e~ge of law or experience in the practice of law is n ot regu ircd hy th e Constj t ution pres umably beca use the position calls m0rc (~Jl ..!. '. Moreover. in the ordi nary course of e vents. was given a perrnt⠢ nen t appo intmen t fo r a ter m of seven (7i year.i. it is unlikely. (2) They must be a t least thirty-five (:35 ) years of a ge at the tim e of thei r a ppointme nt (r ath er t han a~sum ptio n of office ). "Presiden t F .:.) '-· . l:i. nftct· serving for a n umber of yea r~..XTBOOK ON THE PHILIP P INE CONSl'T'J'UTION Re c.278 TF. its m embers would invariably have the benefits of th e experi ence of older members in the performance of its fu n ctions. (3) T h(>y must.~s . Reappointment cannot be made in favor of a Commissioner who has been jus t appointed for a term ofless than seven (7 J yea rs afler the exp iration of his term. . and the third for three (3 ) y~ars wit hout reappointment ..I see S ec.·-"!" Appointment and terms of office.. Consequently.ions. .Ctepce . that ~19811 lil'L Constilu tion Projcd ... 1 r esistan t to political pressure or in f.o. p. O f the Comm issi oners firs t a pp oin te d. Qualifications of members.. This requir eme n t insures t he p olitical neutrali ty of pros pective a ppointees a n d effe ctively precl udes the appointment of JlOlitic.Ui!:Y.ath er th a n ~L!<9J.. :-.:. Subsequent ap PQintm ents shall h e for a term of seven (7) years . The Constitutional Com m i.l::I:ati~... 1(2j . Th ere m ust be a showin g tha t they hav e heen 'i~"' thc"~'e f'v1~e"' a n effective public administrator..'1 (Sec.lli:l. 6.<~. They are: (1 ) Thr~y mu~t be n a tural-born citizens of the P h ilippines. T his is necessary hecau:::le t h e Commissioners are r espon sib le for an agency th a t performs significant func tions... They sh all be a ppointed by the P resident wi t h t h e con:>ent of th e Commis sion on Appointments for <1 term of seven (7 ) years wi t hout reappoi ntment. .( . another for five \5 l y ears.aUyrq:u~.J:l. be persons \Vith proven ca pu. one sh a ll h old offi ce fo r seven (7) years.J2). .P... ~ f ..s.2 and as (4) T hey m us t n ot have been candidates for any elective position in the el e ctions imm ediately preceding the ir a p pointment.!uence tha n a body h eaded b y a s in gle i ndividua l..) · Rotational scheme of appointment This sche me ofmtational a ppoin tme nt is i n tended to give continu ity to th e Commission by allowing t h e term of only one Comm issioner to expire every t& . . !.. The appointment or designation of a ny Member in a temporary or acting capacity is not a llowed..city for public admi nistr at ion .-ia rcos appointed in an adin::! l:<p arity t h e for rnt-r C hairman of the l Com mission on Audit who.

or disability shou ld be only for thE> unexpired balance ofthe term of the predecessor. resignation. under his power of control. instrumentali ties. the po wer over appropriations is a mighty weapon which Congre~s can readily wield over the Commission. a constitutiona. The startin g point of the terms of office of the staggered 7-5-3 year terms of the first ap pointees to the three (3) constitutional commissions. But even discounting this possibility. or highly technical. and agencies of the Government. (1) The civil service embraces all branches. pri:rt'1arily confidential.c. The Civil Service Commission 279 the same President will be ahle to appoint all the members of the Commission.) The operation of th e rotational plan requires two conditions. Reasons for creation of the Commission. l@J.. and its inclusion in the Constitution.l body as the Civil Service Commission could more effectively resist the pressures of politicians an d thus ensure that selection and advancement in the Civil Service are attained t hrough merit and fitness. 653-655. pp. both indispensable to itR workability : (1) The terms of the first three (3) Commissioners should common date. i:< on Et.gi~.b. .the date of the adoption of the Constitution. and. IX. and ~tart on a (2) The appointment to any vacancy due to death. The creation of an independent centralized agency having direction and control o ver the civil service system and empowered to enforce civil service legislations was believed essential to the operation of the system. regardless of the dates of their appointments and assumption of office.hruary 2..CONSTITUTIONAL COMMlSSlONS R. !infra.. 2 ART. including government-owned or -controlled corporations with Qri. subdivisions. as far as practica. the President ca n reverse or revise decisions of the Commission. . 4 SEC. an additional safeguard for the successful implementation of the merit system.. except to position~ which arelpolicy-determin· ing.~ (2) Appointments in the civil service shall be made only according to merit and fit:q_~ to be deter~ined. 'See 1970 UPLC Constitution Revision Proje-ct. (3) No officer or employee of the civil service shall be re moved or suspended except for cause provided by law.Sec.arters.ble. A Civil Service Commis~ion created by statute is subject to reorga nization or abolition at any time. Because of its independence fro m the political branches of the government.. by comp etitive examination. Th is is also the policy in the other two Commissions. ·--· . On the other hand. 2.

as amend~~ ll. the Constitution classifies positions in the Civil Service into two principal groups/' namely: ' i''ield.. But they can be created under the general incorporation law 4 in which case they arc not embrace d within the scope of the Sen ·ice. includi ng every gover nment-owned orcontrolled corpor ation with origi na l charter .succl M11y 1.:e (infra. non -compt!ti tive or uncla.itions in Lhe Civil Service (from compe Li i ive st⠢rvi ce. T he term Civil Servic_e m eans that professionalized body of men a nd wom en wh o have made of the government service a hfetime career. It has also been u sed t o r efer to that portion of the public ser-vice that is "governed by the meri t principle in the . On t he basis of appointment. 7.·ember 1. 2 (4) No officer or employee in the civil service shall engage. cffe(:tiv . The Civil Service embr aces every branch . 16. Sec.liD. 2 1974.2 (Sec.sificd the category of po!.Not all th ~: provision~ of the C:on ~titution on the civil Hc rvice arc .nationa l an d local including the military esta blishment.'' 1 Scope of the Civil Service.trumenta lity of th e governme nt.he Civil Service System over t he administrative personnel of the entire governmental organization . (6) Te mporary employees of the Gove rnment shall b e given such protection as m ay be p1·ovided by law. 68.3 Un der the Constitution (see Ar t. agen cy. !h ) s~:~curity o f t enure.. u nder t h e Ci'-i l Servi.mpt sen. ~'?IJD!. 807 ee No.. 8.. Constitutional classification of positions in the Civil Service.lB. 442 C L~tbor Gode of thP.) The intention of the Constitution is to extend t he r~quirements a nd benefits of t.c.i. 2[1]. only government-owned or -con t rolled corporations can be created hy special law or charter.. Meaning of Civil Service.i 'The Corporclt}()n C ode of th e PhHippines. 1974. 13lg .CJ' ch aracterized by: <a) entrance hase d on merit and fitness to he determ ined as far a s pr a ctic-able by competitiY e examiuat ions. ! <tnd Prc. ~) The right to self-organization shall not be denied to government employees. G.1 :. and (c) opportu n it y for advancement tC> ion 2( I l placing em ployee!' of nf. and exP .P.·echu.nt jal Decree. Civil S~rvice Law 3 ( l9:Hl L Sect government-ow ned M -con trolled co rpora tio is implemented hy Presidential DccreA No. or based on highly t echnical qualifications.idon tial Decr I is.~ified service. subdivision.icol into: < ll ~!.Jilll ( Ci vii Service Decre e) . in a ny electioneering or partisan political campaign. directly or indire ctly. P hilippines e N o. XII.. and im.tri ctly abo u t the civil scrviee only. .selection of officers a nd employees.l'~d.280 TEXTBOOK ON THI< PH lLlPl'l~E ~ CONSTITUTLON Sec. (see R-Secs.1.

.

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

the occupant canno. the incumbent is not removed fr om office.. 799 IJan.... L-23966. Social jus tice. 1'l In such ca se. 646.. . 87 Phil. Sec. 9 Presidential Decree No..o_f!l_ S)!Sl.tir. ( 2) Er. ) to all deserving applicants desirous of a career in public service.g. and regi onal offi ces to o~.N.Ii~rrfisismlffi. 1 . 1970. May 29. Jlining. They are the following: (1) .he rs. a s well as complain ts against ofticers i n the government arisin g from violations of the merit. 14 According to the Supreme Court. ACC FA. 1979) direc ts e very ministry (now d epartment. n⠢. however. . De Vera. when such pleasure turns into disple as ure.h the powe r of ! fonnulating policies for the government or an y of its agencies.l. Those holding primarily confid ential positions hold office at the pleasure of t he appointing power (e. Efficiency r esults becaus e selection and promotion of ~m ployees is based not on political considera tions but on merit and fitness. like tha t of a member of the Cabinet.fum⠢ 8. 1966.:l dc(·ide cai'C!l brought before it by officers a nd employees who feel aggrieved by determination of a ppoi nting authoriti~s involving appointment. ' 2Ibid. 9 as shown by experience the world over. 197Hl creates in the CSC a Meri t System Bo a!'d re na med by the Administrative Code of Hl87 (Exec.f.~!!! · Non-competitive positions. Mallari.. 1969. subdivis ions. '"See J:>. secures efficienc y in govern ment service a nd promotes social justice..) and al'cncy of the gove rnm ent including gover n ment-owned and -controlled corporatiQn ::. 29. Letter of £nstructio n No. "See. system. 11 like tha t of a private secretary. '(' (3) Ik1!!fJ. or instrumentalities. bu. whose primary function . L ·19080. supra. 11 See Santos \ 'S . May 22.t. 1"1970 UPLC Cons titution Project. l!tC. A mong {>t.P_olicy <l. and at the same time pri marily confidential.. L-26838.! n11 the t-1erit System Protection Board. confidential agents). B. Besa. Gray vs. Sept.ter:. Cari no vs.. where its occupant enjoys more than the ordinar y confide nce of th e appointing power but bear s such close intimacy which relieves the l atter from mi!-!givings of betrayal of personal trust on confidential matters of th e State . XIII . and thereby im plemen ts the merit syst em ordained by the Constitution and th e Civil Service Law.t insist on a fixea or a definite term if the la tter asp ed predominates. 29. p. is subserved bec ause the merit system guarantees equality of opportunity (see Art. 2n. detail. where its occupa nt is vested wit. Order No. pr omotion .i1111 J. private sec1·eta ries of certain officers. 12 like that of a scientist. and (3 ) _!Jighly techni£!!L where it s occupant is required to possess skill or traini ng in the supreme or superior degree. on t he other hand. 289. t r ansfer .282 TEXTBOOK ON THF: l'HILIPPINg CONSTETUTION Sec. 2 --The merit system.tablis h a Selection Board and a P romotion Board to as$iSt the appointing authority in the sele<:tion and pr<>motion of personnel in the Civil Service. 1409 (. is t o hear un. The position of legal counsel of a govern ment ~ow ned or -controlled corporation is highly t echnical in nature.

L-20:HJI) ~ ov.. (5J Being notoriously undesirable. cit. (3) Neglect of duty.CONSTITUTIONAL COMMISSIOl\t: R. 1 =Guarantee of security of tenure. 1976.~d. 1 ~ '"Hernandez vs. :29.. lsee P res. L-44061. are dedared to be grounds for ilisciplinary aC'tinn in accordance with the civil ser vice law: (1} Di8honesty. OOi L~nding money at usurious rates of interests. '~Se e Taiiada and Fernando. 36[a]. Mutuc. St-ction 46.Jr. l7 J Frequent absences or tat·dine: . as a matter of course. among other!:>. (8J Inefficiency and incompetence in the performance of official duut-. June 2H. ⠢ Also Admini:ltrative Code of 1987. Decr~e Xo.s. Sees. oppres:. Villegas. His inefficiency can be expected. Any employee whose continuance in office 1s dependent upon the whim or pleasure of his superior. 807. vocation or pr ofession w!thout :securing the pcrmis:sion rcquir. The Civil Service Commission his term merely expires in much the same way that a person who has fixed term of office is not removed upon the expiration of his term. moreover.. Sept. that such cause must relate to and affect (as a general rule) th e functionR of the office which the officer or employee holds. There is thus in Section 2(3) a g uarantee of se~urity of tenure to officers and employees in the Civil Service. (6j Physical or mental incapacity.. \965.. . -The phrase17 means for reasons which the law and s ound public policy recognize as sufficient ground for suspension or removal. if faithfully enforced." (1) Substantive requirement. i 11 l Wil lful refusal to pay just debts: ( 12) Pnnmit of private business. Book V. Angeles vs.on vs. ~1athay. L-17287.: C 9} Insubordination. 2 ART. T itle I. 84 Phil. & Suhido. and ( 13) Nepotism. Subtitle A. It means legal cause or cause provided by an existing tau·.:. Romero. 1 G Meaning of "for cause provided by law. p. 1'Tec. (2) Habitual drunkenness. 17The following. civil servants can be confident of staying in their respective positions as long as they do their work efficiently and wel1. and not mer~ly causes whic h the appointing power in the exercise of discretion may deem sufficient. 74. is likely to be the victim of fear and insecu rity. The merit system established in Section 2(2) does not necessarily imply that the persons so appointed have securitv of tenure. under the above p rovision. 30.IX. op. 1968: Salazar vs.Sec. (4l Disgraceful or immoral conduct. 49. It imp lies. T he constitutional guarantee is of utmost value in maintaining morale and in prom oting efficiency. . or misconduct.ion. 1202.

l!t ~le.. 330 U.<:!. Congress may abolish any civil service office unless it is a constitutional offi ce.J. ( 1) Ssif. 2:l Abolition.r. Thus. 66 SCRA 203.. considered that the public service "would be mo re truly devoted to the public welfare if public servants were not overactive po litically.-44622. 2 .SP. i 22Z2 R. !'.20 Abolition of position.il§. When the office itself is legally abolished.he_.e.The princip le of political . therefore. 2 (2) Procedural requirement. 588. Sec Reyes vs.9i\iO. Mit chell . 2''Briones v11.n Th e principle that vali d abolition of an office is neither removal nor separation of the incumbent. abolish his office.c. Removal fr om office contemplates that the incumbent is separated but the office or positic n itself subsists. Subido.9.Y. Aug. . Baldoz v s.'!!:· . 20 19 .~nst9. The Constitution protects an officer or employee only as long as the position remains. for the public good. 807. 9· Phil. abolition of an office is invalid if it involves an office provided in the Constitution or a judicial position. S ec. 1977. 100. Osmena.~.L. Presidential Decree No. the guarantee of procedural due process requires notice and opportunity to be heard before one is suspended or dismisse dY' Under the law. doe s not apply to the judiciary.t. ~'Manalang vs.gy. 21 No person has a vested right to an office which can not be disturbed by le'gislation. 1975. 36(c).C. be used as a cover for circumventing the guarantee of security of tenure. 26. Aug. (se e Art. A judge's right to his full term is not subject to the contingency that Congress may.<!.i. !.~!X· It is. 21.~ti!. 903.ther ~an politi~~~mpaigq._cf: _ a ggqjf!. 2. it has been h eld that a civil service officer or employee (in the local government) may not b e removed by the abolition of the office in bad faith.U!. Many government employees have been accustomed to work fo r t he candidacy of particular persons to assure security of t enure or to get r eward in the form of appointments or promotions in government positions as sl!Qi JL~.284 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser.) In fine. " 24 Section 2(4) reinforces this neutrality principle. there is no removal. neutrality for civil servants finds its justi fication in the desire to secure discipline and efficiency in the public service by doing away w ith the spoils system. VIII. .P. Office of the President. Quitoriano. may not.t(Qn~r~n. 24 United P ublic Workerli vs. I. par. or is do ne in bad faith.S.s.Basically. Sec.. no complaint against a civil service official or employee sha ll be given due course unless the same is in writing and ~ubscribed and sworn to by the complainant. however.QD. 104 Phil.Qbi.. -~. 378-379.

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

ply't? !J:l. A strike declared by members of the civil service can paralyze or disrupt government operation and ultimat~ly prove preju dicial . If the t wo rights are to be considered separate and distinct from each other.L.?ng._eff!_~"! qpestion.ofti~. 807.f Eo.. . Right of government employees to self-organization.£~_. policemen.. or referendum issues with out violating civil service rules and regula tions... Rightotgo'leUlJD~nUmm!QY~s to ~..tJ!_-p_lg. t he a n swer must be in the n egative for the latter right is not expressly given. Section 2(5) together with Section 8 of the Bill of Rights.. not candidates for public offic e. or societies for purposes not contra ry to la w shall not be abridged. initiative. It involves only issues.. 180 (June 1.tr!. .he exercise of the right . "0 29 . See Presidential Decree No. an d jail guards·. tici pate in the discussion of plebiscite.nt.Ii. firemen. s the Philippi nes. th ey may express their vie ws on current political problems or issues.~ .gq_ilJ:$.ign.~ · · . unions. right to selforganiza tion carries with it the right to strike..!i~(1 ) G. 'Bence. incl uding police officers.ef~ ~(.~he::!\r~i!i_Ji: Q.an.~~__j_nj tia. Plebiscite. They can seek peaceful remedies for their grievances and work fo r mutual benefits without going through the long process normally provided unde r civil service regulations.Such participation does not constitute parlisun political activity. .r. Executive Orde\· No. The grant of the right to union ize was born out of the traditional n eglec t of government workers in terms of salaries. ..~·es o(. promotions and wo rking conditions which are ta ken for granted in the priva te sector. Section 2(5J grants to government employees in the civil service the right to fo rm unions enjoyed by workers in the private sector. or referendum is not a n election within the meaning oft h.Qr_r.. or mention the names of candidates for public office whom t hey support.r.. Sectio n 45._q_r__g.p. governme nt workers can form associations for purposes not contrary to law.fem ployee::! t o organi~~· 1t doC.Q-.!J_]]lJ2. must be construed as granting the right to strike as well. government employees can promote their interest an d the interest of t he public service.It is not clear whether or not the constitutional gr. Be that as it may. if otherwise." Eve n if th ere is no statement of the right to selforg3ni zation in t he Consti tution .er/)i-5"e. initiative. fringe benefits. to allow government workers to st rike is not advisable in the long-run. 198 7) provides guidelines for t. 20 (~) C.rigltt not advisable..Qf.fg_r. . officers a nd employees in th~ Career Civil Service can actively pa. Through un ions. 2 ment employees.2HH TEXT BOOK ON THE PHILIPPI NE CONST\'l'UTION s~c .e'm"b.above prohibition._.:Jo A parallel provision is S ection 8 of the Bill of Rights which declares that "the right of the peop le inc luding t hose employed in the public and private sector s to form associations. riot aJ?..bisc..

.

) of A rticle XIII. deny the r ight to strike to some sectors of labor like m e mb~!r!.n~ __QLthe..st. H. No.e__ is no .dJ~g. It can provide the details fo r the exercise of the ri ght.· · · · (2) .A. It shall submit to the P resident and the Congress an annual report on its personnel progra ms. ~ntr~." i. Un der Sect . the Commission as the ·-·· . The Constitution mandates t hat tempurary employees i n the govern · ment be given protection as may be provided by law. ⠢ The ai m of s uch law is to prevent indiscriminate dismissals of temporary personnel an d to see to it that their sepa ration or replacement is made only for justifiabl e reasons. 'tb..~er~~m.)ointing authority with or witho ut cause notwithstanding that their performance meets the standards of public se rvice d<.A . of the armed forces and police and firefighting units. integrate all human resources development programs for all levels and ranks. to destp.CONSTITUTI0t\AL CO~lMISSIOKS B. They may be replaced anytim e a qualified civil service eligible bec om(!S available.ept e'!. Congress may. 2[61.Sec. 6850 (feb. the right to strike shall be exercised "in accordance with law. IX. integrity. iSec. 3. and institutionalize a management climate conducive to public accountability. shall be guided by the objec~ 1 R. shall establish a career service and adopt measures to promote morale.nme_nt.. financial institutions and other vital public ser"ices. efficiency.. 2. by governm.on 3 t par. Employees in the government given tempora ry appointments do not enjoy sec urity of tenure.ptoyee:s appointed under p1 ovisioncl or t. In the performance of its powers and functions. responsiveness.bilize the gover. e ...t p1oyees ~:ould be u:>cd as a coer~ive ~pon.e. .e.emp.. Powers and functions of the Commission.. The Civil Service Com rnission 287 to public interest..~ manded of them.la )L permitting public em pl o~o. The right can be taken advantage of for political or whimsic al purposes.a_nteg_bv laU?.P. ~. 1 "e~~n of tempor¥y emp~ee§_. subject to limitations that may be provided by law. a nd even to civilian employees operating commun ications. as the central person· nel agency of the Gov ernment.. goyernrne&t. 1'he Civil Service Commission. 3 ART. or for purposes other than for redress of legitimate grievances. progressiv~ness. It shall strengthen the merit and rewards ~ystem. or at the discretion of the ap.l.)rnry status who h ave rendered a total of Reven (7) years of cfficit>nt sMvice.. and courtesy in the civi l service.:r:ik~.tl. 199()) grants civil service t>ligiuil ity under ce rtain conditions to government em..strik. Such laws may even grant to temporary employees who have rendered con tinuous and faithful service benefits that accrue to permane nt employees Y SEC.Even a he right to strike is constitutionally granted.Righi_!lQLgr:. by law.

and enforce suitable rules and regulations for carrying in to effect the provisions of the Decree. inspect factories. bureaus. to posi tions in the civil :service.n. (Teates "a National Planning and Coordinating Secretariat for the purp ose of designing 11nd implornenting reorientation a nd motivational train ing pr ograms and special course for civil service persou· nel in e ach ?rfinistry in purs uance of the n eed to internalize government reforrns. audit accounts. (1) The work of the government would never be done ifthere were only the Je gisl ators. and guidelines for the Civil Service and ado pt plans and programs to promote economical.i." 2Sce . 1 Under Presidential Decree No. the fo llowing g. take censuses. e (5) Approve appoin tments. I. Presidential Decree No.e.!Il~tiQ.:i lmportanc~ cf a permanent civil service.z The Decree declares t hat the Civil Service Commission sha ll be the c entral personnel agency to set standards and to enforce the laws and rules gover ning the selection. social. 14. efficiency. and other policies of the government. · .ettc1· of Instruction ~o. utilization.2R8 TEXTBOOK ON THE PHILIPPI NE CONSTI'J'UTION Sec. to say nothing of keeping bookR.the co~duct of civil service examinations.l_S~rvice Commission h as. integrity. 110. 23. arrest criminals . 1973) Pres idential De(:ree No. a mong others.. Se. (3) Promulgate policies. delivering 'See Presidential Decree No. otherwise known as the Civil Service Decree of the Philippines. the Q~v.4f). 319.) "Presid ential Dec ree No. and effec· tive personnel a dministraiion in the government. 785 (Dec. 1975. 1977 ) esta blishes a Civil Service Academy to implement centralized training program s for the Civil Scn·vi ce. (1) H ear and decide administrative disciplinary cases instituted di rectly with it or brought to it on appeal. 22. (issued Sept. training and discipline of civil servants. 3 tives as laid down in the Constitution to establish a career service and to prom ote morale. (2) Prescribe. (4J Supervise and coordinat. 26. These people cannot be expected to collect taxes. 1978). (6) Inspect and audit periodically the personnel work programs of the different departments. whether original or promotional. agencies and other instrumentalities of the gover nment. progressiveness and courtesy in the Civil Service as well as the economic.· -···-··· he constitutional and :statutory provisions on the merit system. 807 (Oct. amend. (Jan. Section 9. efficient. 807. Cabinet members and other he ads of offices to do it. responsiveness. on the oth er h and. 6. 1218 (Oct. 1975). .H'l:.~ tion 1. see Letter of I nstruction No. offices.u_&P.w.!. 807. and (/:}) P erform such other functions as properly belonging to a central personnel agency. standards.

"~ Purpose of providing a civil service system.-~tain .mQ.. JQ _fqrm. p.J If the civil servant is to dis'F.~es ofa.c. wnrk for a merit-based civil se n ·i{·e .yi~~~Y~~~-~· For a civil service system' to be operated succei'isfully.an be no denying that without the a ll-pervading and unremitting work of the civil servants..h~ cht~~ mo..!Y..e.Qnts __ ilie. . 'flH: Civil Service C.. without force or e ffect upon the people.L-. It provided the frarn<.J.~2 _c~~t_ The executive busi ness of running the country and of advising the rulers of the country is a matter fm. but many othe rs not a t. ' The ci.PJI .tfring__the affairs Q.'''' Basicrequis.e~fJ.ion Projoct. .Sec. <~> f.·icc in th e Phili ppines wa~ first cstabli:. and carrying messa ges .A.. The civi l service has been establishe d "as an unchanging carefully constructed instrument which is r eady for use by whatever political party may happen to form the government of the day. 118. all so) fall. otherwise.gr.. pusses~... .erx.c.hlic__ s.. certain basic requisi tes must be ful fi lied... ~. have been entrusted with the reins of government with much of the information required in shaping and enacting policie s on a mul titude of subjects.1957 ).er du Sawtoy .The other requisite is that th e civil service mu st be politically nl:!utl·al. to t he body of officia ls an d employees known as the permanent.ornmiAsion 289 mails.li~ ..niD_g_and compet~.. T. 1'Pct.!:e. rather.. p .hcd in 1900 by Act No.MISSION::3 B .J.d. (2) It is this great body of men and women that translates law into action from one end of the country to the other a nd b1·ings the goYernment into its daily contacts with the rank and file o f the citizenry. cit . The Civil Service ! . 1X. "government would be only a jumble of rules and regulations suspended in mid-air.! Ci vil Sen·ir.s.~.of admini. Ogg. p.n~c~s~?. there r.fu. 65 4.⠢il ser. 2f41..Q}._iti. .d.siti~_taak.t.JJ:~t:uil t.. (see Sec.3JCf. fo r the time being..Oml2lex and diver.mi. Indeed. (J' M~r_it §.. 58. Such manifold tasks lmany of them purely clerica l..Philippine Islands .:e in the ..iyst~m manda ting the appoi mment and promotion to government pc)sitions according t o ID{'l"it and lhrough comp{'tit h·e exa m inations as far as pmcticablc.Y8t:i11lU.l.:.tll. . ts.lli~d.COI'\STITUTIO NAL COM. a ART.. It cannot be learned in a few weeks by the casual supporters of any new government. It is likewise this reservoir of experience and knowledge that furnishes those who...b~f.s siQI. the r ecruiting of competent a nd h onest civil servants cannot be expected. fi of t h e P hilippine Commission t:ntitled -An Act for thc Esta blishm(:nt and Maintenance of an Effi cient and Hone:-.. civil service.I t is esse ntial t hat appointments m ust be made strictly on the basis of merit and that the perso ns appointed enjoy security of tenure. op.QLIJ&J4mlli:.iyil ~er. ·'1970 lJPLC Comtitution R+~v i.fgyygn u _n. .W.specialists.!!£~ .

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

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

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

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

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

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

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

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

executive as well as i~~i.~.li9J. ~ e L h. plebiscite . initia tives.e r the· proclamation of the winu. .~Q ~~.~~~~iO~· co~~!. 2 . ). 68G.o~J. Ie Commis sion on Elections has the power to annul or cancel illegal registry lists of voter s and t o order the preparation of a new one. 2(21.~ a nd to suspend t he p roclamation of winning candidates pending an inquiry intn irregularities brought to its attention.~. of ficials . "elections'' ( Sec. the question being on th e e lect iond. . EEQVin£i_111. (Sec.o-i>i·. ' PrudentP. VIII .. 31 .9JYn~!lof!s. (9) Submit to t he President and the Congress a comprehensive report on the conduct of each elec tion.. referenda a nd r ecalls which are not. it is limited to proceedings aft. 8.~.i~l functions. .j?. 200 SC R A 512 . L-5222. referendum. .£.e. and city. 1 t o can cel the canvass of election r et urn s of a Boar d of Canvasser s a nd order a n ew one where certain ret urns were illegally excl uded .iJUl contests.. 5[2].298 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. L-19200. order. Santos.£. or the imposition of any other disciplinary action.9:v. 3 Albano vs. 744.e ~a.1!'~tssio_f!.. The t erm also inc ludes any contest involving the right to an elective office. Rela t o..ts.. 94 Phil...g~~~~r.o.·..~~~-~~~ ~~i~iiO. . m ade before the pr oclam ation of the winner .s:... r e specJ tively. or disobedience to its directive.. offJJ:i~l s are placed under the exclusive j urisdiction of the Commis sion on Elections .s. (2) To 4.. 94 Phil.99.. . Sec. r·iot~ -that-el"e~ti~n~ontest.. or recall.r. 2 (8) Recommend to the President the removal of any officer or employee it has dep utized.~~... ). 2f l]..r£.~..l. 4 . etc .-· ·-· El~c.s . ..rial ®1\!16. 6. 1962. for violation or dis regard of. 3 T he power vested in the C ommi~:.cJ.) Its purpos e is to ascert ain the candida te lawfully elected to office. .There is an election contest when a d efeated candidate for elective public office questions the r ight to said offi c e of one who h as been proclaimed elected ther eto.~cid. 1951. w. Section 2 enumer ates th e powers and functions of the Comrnis· 'Sion.The a .a.~ . ⠢Taule vs.n.sion includes the power t o enfor ce a nd administer laws relative to the conduct of plebi scit es.Qf th~ .~L .~~ ~~· fl. . or qualifications of the protestee.l&. vs. Genuino. subject to appeal to the Commission whose aeJision s or rulings a re final.J. executory and not appeala ble. ~unicipa 1 t ri al caur. subject to certiorari review by the Sup reme Cou r t (see Art ..·---.-1!2 . cited \n l<'elician<' v.ction ~. Imperial. The Commission on Elections pe_ r(orm. to wit: (1) To . N ov. strictly s peaking. Luga y.enforce l. r eturns. Abendante vs. e the j urisdiction oLregianal . initiative..Lof_~l~~t.Q[J~{e.ti. whether or not t he contestant is claiming the offi ce in dis pute. Jan .s for iliwlid_gi\i -aiic[~~ID:ang~y otfiilli!i are-Un d' "r. 1!1 ~.tfl£. o f k:1~a ng~.~_g!gE-~1.L c_ont~s ts involving z:. De Leon vs.J!~.. 93 Phil. Powt. Alvarez. or decision.dM:..

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

!Q.) 8 7 .em.SGO TEXTBOOK ON THR PHJLJPPINF.~n. Commission on Elections shall be fi. q~mr~. p. Order No. Book V. it can remove them for cause.£~..~tj~~Lm. 2 (8) 1'~m!!l~11rfi_ reftJJ!. Big.Under present law.. and the necessity for clean. Subtitle C.DL... final orders or rulings· of the ~"' ..rar.fi~nary action.. Under Section 2(21.). The President may or may not follow the recommendation of the C~mmission. where the election contests involve el~. The Commission may also make recommendations with respect to flaws or def ects it has discovered in the enforcement of the election laws. the follm. ~This does not p~cu£w. b.!Y and not appealab~.~ (see A-Sec.it .e.) F:inality of dQcisions." ._'Qpe_~ff!. --· The report required should contain a descrip tion on how a previous election (regular or special). because of its independence.ving powers and functions: (a)· To exercise su pervision and control over national and local officials required by law to perfo rm duties relative to the conduct of elections.!!~J. Howt!ver. CO~STITUTION Sec... of the Commission instantly bec omes final after rendition. 7 and (10) J. (see Rules of Court.r:. 8. may refuse to give any infor mation at all to other branches of the governm~mt. orders and instructions..~ :t>ar~~g~y_. 9 '·: . initiative.. 581.Wurisdictio:n of the Su preme Court when thl'l"e is grave abuse of disct·etion. 881. 1970 UPLC Constitution Revision Project.f!_!.t. since the deputizati on was with the concurrence of the President. the Commission. and city officials :may. l{ule 65..t-!'!~. orderly. (c( To enforce and executl.. 29 2.. among others. Sec.!!L. Without the prov ision. re ferendum.P. See the Omnibus Election Code ( B.. free.~l~~ _?~~Il. (b)' To promulgate rules and regulations implementing the provisions of the Elec tion Code.QrJ7-er:_[ynction. etc. 30 days) unless an appeal is made to a higher body as may be provided by law or the Const itution. Under Section 2(2). the Commissi on has also. (9) J'. and (d) To carry out a continuing campaign to educate and inform the public on elect ion matters. Those involving elective regional. Section 2.e <·' ~~EP~~!~~ . Section 52.. or recall was conducted and what laws or regulations. ahw.l!.Qf!lsi~~.m. E"-ec.r.g..: A decision usually becomes final after a certain period of time (e. were vio lated.Ub!r~.l its decisions.:. and honest elections..?.i ~_l . it is unlikely that he will disreg ard the recommendation of the Commission.mlic. 1.~rt..r. provincial. As to the officers and employees appoj nted by the Commission. the decisions. if any. the decision. plebiscite.s_. Administ1·ative Code of 1987..l!J!.

recon!i.) Because ofthe important role of political parties in our d emocratic so ciety. All such election cases shall be heard and decided in division. L·4 7'.e.!U)Qli. 10 Registration is the means by which the go\·ernmc nt is enabled to supervise and reg ulate the activities of political part ies.tra tion is concerned is purely ministerial/·~ i. 2f. T he Commission on Elections may sit en bnnt: or in t wo di\·isions. thus precluding any furth er litigation betw een the same parties or their successors-in-interest C()ncerning the same. Ortiz. terminates the matter at issue covered by such decision.1tion. and._or which are :<:npported by any foreign ~Y. Such decision leaves nothing for the Commission to do except to execute or enforce it . -· CONS'I''ITUTIONAL COM. ...u.c. 3.ci..c.~9.de. shall be .'71. ~!Qn.e.~...Sec.g_§..fltnment. 1:t The role of the Commission on Elections insofar a~ r egi::.iolence oti:~unlawful m ean~:: or refuse to nphotd. it is essen tial that the State s hould know and be acqu ainted with what they stand for.t. its duty to accept the registration is def inite and mandatory.uartr~ tho. therefore.MISSJO~S C.k. 19'. ~> ~~u~_dmominq.. 1971 Con.E_thejr.~ti m! ~_f.lcctions ao1 A final decision is conclusive upon the parties. Aldequer. ell Jum&. etc.) includi ng pre-proclamation cont rover sies 16 11 S ponsorship speech.siona. Howe. Fajar 971 Constitutional Convention. Rationale of registra tion of political parties. cannot be appealed to the Supreme Court. Y.fo. P eralta vs.th e. it.. .Y1arch 11..·er. i... ho w they are organized.J. including pre· proclamation controversies. All election cases (see Sec. S. 11 It is also intended to inform the people of the parties' existence and of their respective programs of government to enable them to consider wi::ely to which party they should pledge their supp ort. 1971 Constitution⠢⠢) C<)nve. ⠢sSponsor~>hip speech.'5.t. (Sec. CO~lELEC .T. Del._CQnilitJ. 2[2]. ' 2Sponsorship speech. SEC.C ommission.decided by the. S .. The Commission on Elections may s it en bane or in two divisions. it is essential that the State should regulate or super vise t hem. Hearing of election cases.ru.kl. IX. If the State is to extend equal protection to all political parties.5J. how they operate.gQaLth. . R.S.gh .e which seek to ~. .l.r. Tht Cummi!lsion on F. provided :that motiona.sl. A.~nd sect §hall b~ regif!~!..tiQn.'J:Q . Del.!t_~re _ t_e>.9. and sh all promulgate its rules of procedure in order to expedite disposition of electi on cases..9J. which it must perform ~· ithout any powe r to exercise its own judgment or discretion. Del P. 3 ART...titutiona l Co nvention.

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

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

This ph e nomenon h as further w~. Switzerla nd ) where t here is a sharing of governmental power by a coalition of parties because no sin gle political party is str ong enough to exercise control. (see Sec.the executiv e branch. II. Xll.A. 7 . one being in control of t he political organs of the governme nt.s~ of the party-lisl is to promote multi-party system.party sys tem in our country . etc. 2.} The pa rty-list m ethod ( Sec.)..wo-p arty system.B... wi th the latter charge d with the t ask of cons tructive "fi~~~J!~~~ on:' of the f ormer .Qt. 2]. tlw multiple party system is actually a fc1 m of r deception becaus e once the election is ov er.titution !Art.~' or '!palitics. giving rise to wha t has been called a ''. 8. is the personality of t h e preside n tial standard bearer or party leader a nd his charisma. lis practise d in the Un ited States.cd to ame nd the Constitution in order to provide for t he adoption of a two-party s ys tem.ulip~r. 7941. 6 "The very purpo. (see Ar t .1gave them a tremendous built-in advant age over minor poli tical parties and independent cand idates who did not enjoy t h e same right.~ By law. In "a free and open party system . Such system. 9[2J the r eof. 6 F r om t he inaugu r ation of our Republ ic in 1946 up t o t h e declara t ion of martia l law in 1972. 26.4 The result was a syst em wh ich worked to place political power under t he virtua l monopoly of two pa rties.) The 1987 Constitu tion. thus per pet uating dynasties on bo th sides. 5[1. It has evolve d ~ the course of time a s a res ul t of a practica l need and pop u lar prefere nce. alth ough it.wo par ties monopolized elections and took t urns of gov ernance to the exclusion of a ll t h e rest. From t he pra ctical point of vi ew.ul. the Nacionalista and the Liberal.the Conservative and t he Labor. There is . Their membership in th e voter~:~' regis t ration hoards.) of electing r epresentatives to represent sectoral interests in Congre ss is also expected to pave the way for the full operation of a multi.304 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.g. the body politic was alt e rnately u nder the domina nt hold of the t wo existing major politic~o ~l parties.Q.y syst em . particularly at least.akened t h e int egrit y of ou r politica l party system and prevented t he growth of political parties into ideologically-based public institutioM .o£ lle. therefore. is not mandated in the L'S Cons titution. wh ich were r eally two factions of the sa me party. Sec. To those who favor the restoration of the t wo-party syste m. 6 promoting a t least th ree (3) major political parties will. a nd the other h tiving the second largest share of political power.f!.sts in the pa rliamentary form of government (e.l.E1!i. however. i t cou ld likewis e be his win n abilit y and the promise of political p atrona ge.. cl. Neither does it prohibit a t. . (see Sec. allow th e format ion of as many political parti es as can win popular support in any dis trict all over the cou ntry. does not expressly mandate a multi-par ty system. VI . No. then and now.The 1935 Constitu t ion created a n inflexible t wo-party system.3 (see Art. the t." the people may prefer a two-pa ny o1· three-pArty system hlter by supporting particular parties and their candida tes.. Belgium. Sec.§" in either party which f ound it unnecessary to present a distinct political ideology or platform of gove rnment..the majori ty party or the party in power and the dominant minority or opposition party. parties which lost or the minor it ies in Congr ess join t he a dministrat ion party in a coalit ion or a lliance t o stay in power.aonalitie. in effect. It merely removes the constraints on a freely evolved party system.r. the variou::. 8. R.) This system usua lly exi. (2) Experience under the t wo-party system . C-Secs.an. Coa lition of parties inheres in the multi-party syste m . eli minated t he two-party provision of th e 1973 Con:. . ⠢In a t wo-part.~lr.Qn..p. no nP. British politics is dominated by two parti es . 5 The principal re ason for party affi lia tion. t h ere are sma ller parties vying for political po wer bui th ere are only t wo big in fluen tial pa r t ies.id.

.

-The two-party system has become a tradition under the presidential system.o f(. KB I. and Fernando Poe . and Koalisyon ng Nagka.·ote.~a... This means that political contests will be open to all gro ups regardless of ideologies. 1992 synchronized national and local elections..CONST£Tt.nd demeriJ~. howeYer.a . ng Katapatan at Karaha.) On the other hand. 2l5J.Sec. ~:onlrolled almost all elective positio ns in the go.< were elected to t.. The Commission on Election~ The 1973 Constitution adopted a multi-party system but it was amended in 1981..r 24 seats and numerous bets for congressional and local posit. Where there are se\·~ral p1·esidential candidates. the mOl'!:! domi nant aili<inr~~. e. the l room for common agreement may Constitution originally provided f From the declaration of martial law .DP.⠢Jr. Presiden t Gloria Macapagal-Arroyo. 2004 national elections. The ] 973 or a multi-party ~talemates and secret arrangements in the elections. Under Section 6.date.-:d"nt in the :vtay 11. Our country had become trained and experienced in the twoparty system. including the Communist Party heretofore listed as an illegal organization for its advocacy of the violent overthrow of the govern ment. The ruling part:⠢ Kilusang Bagong Lipunan (KBL).an.. respectively. 199 8 national elections. the development of more parties makes the political cli mate more democratic.lllPl. the probability is that the winner may g et less than the majority vote.. (3) ~.t except in 1984 when a number of opposition candidate.. There were 11. LP-PDP. LABAN.TIO:-:AL COM:\HSS£0NS C. all political parties ar e given equal opportunities to compete for the control of the government. included the K·.. the country had a prattically one· party system. l. In the M~:~y 10. ()!.\ :.~r.·ernmer. over WO senat. namely. Tn the May 1:1.kaisang Pilipi!lo (K. Alyan.hc Bat.e. PRP.) The greater the number of ca ndidates.t three (3J g1·oups of political parties.r.: Pamban~a. If allowed to compete in an open constitutional arena.all in all. 87. the wider the latitude of choice of the electorate and the less hotly contested the election than in a two-party system where oftentimes only two pers ons vie for the same seat and campaigns become highly personal.:. (see Sec. there seems to be no reason why it cannot be made successfu l in the Philippine~. Raul Roco. . Worse.ch of them composed of at lea!. 1986. IX. ~-:-o cana.ed by their .. ng Pag·a~<a lPag·a.ed seven (7) presidential teams. making it a formidable component of our political culture for such a long time. which were rcprcsent. Lakas-NUCD) present. it perhaps would fo reswear violence to capture power.ion!l.. is cl aimed that multi·parties are fit for the parliamentary ~y:Hem where the Prime Minis ter is elected by the :-:~embers of Parliament and can only be incompatibly appl ied to the p1·esidential system where the President is elected by popular .r.san para sa Kinabuko. 10 plllitical p. including two (2) coalitions of fou1· (4) parties fl\'P.. . 6 ART. If it has worked successfully in ~orne countries. Cf3·) A multi-party system.tand<~rd bearers. candidates (one withdrew on the eve of the election) for Pr. ~PC.j~g. r estoring the constitutional policy under the 1935 Charter of promoting the estab lishment of a strong two-party system. thereby becloudi ng the real issues involved in the elections. . 8an lK-4). . It.orial eanclidat.Jo!i-.. can lead to when no single party can obtain a clear majority egislature may be so seriously fragmented that no be found among the different pa1·ties.until th~ ouster of former President Ferdin and Marcos in February. notably i n the United States..

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

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

tfl'he campa ign period ma y thu s be less t han th e 9 0-day pre-election period. III." (Art. in s pecial cases.ami?aign.) It is deemed n eceRsary in order to protect th e inter e st of candidates who d o 1 0cceila vs.dt:J. This section prescribes the election period . fix. 95 SCRA 755. (Sec.15 d ays. 28 .he Commission to prepar e for t h e el ect ion . etc.i shall commence 90 days befor e the day of election (national or local) a nd shall end 30 days thereaft er. Big. 881.able . . and Barangay election . 9. Sec . They a re.Y. The former inclu des the 30 days a fte r the e lection while the latter can only be for a maximum of 9 0 da ys part of which is intended for t. 1 · The Commission or the Congress. 1980.45 days. 9. Unless o therwise fixed by the Commission in s pe cial cases.2 SEC. mt.CJ'_rn.p.~ for.O.o. an nn a lter.1~r. may chang e the · duration of t he election period.!mbers of t h e BataRang Pambansa (now Con gress) a nd Local ell'ction . the e le ction p e riod sb all comme~c-~ uinety dRYs before the day of election and shall end t..P-~Ig~~~' The election period is not the sa me a s ca mpaign period.. ru :u~. The campa ign pe riods do not include the day before th. entit led to appoint poll watcher s in accordance with law to protect t heir political interests.} . t he pr inting and distribut ion of formR.P. Bona fide candidates for a ny public office s h all be tree f rom an y form of harassment and dis crimination. All political pa rties have thus equal protection. >under the Omnibus E lectio n C:ode.hirty. B. h..) The limitation is designed t o minimize partis an political activities and expensive election contest. The law shall defi ne t he prerogatives of the watchers.l~ s. The pro vision is in li ne with the g uarantee in the Bill of Righ ts that n o person sh a ll "be denied the equal protection of t he laws . SEC.308 TEXTBOOK mr THE PHILIPPINE CONSTIT UTfO N Sees.days thereafter. 1.: day of the election.f90.90 days. appointm ent of mem be rs i n the registra t ion boards. It does n ot. 3. l. The Cons ti tution recognizes the right of bona fide candida tes for any public office to be protected fr om a ny form of harassment or d iscrimination.o. Protection against harassment and discrimination.eriod. and other preparatory acts. (Sec. the per!od of campaign is as follows: Presiden tia l a n d Vice-Preside ntial election . J an. COMELEC. Election period. however.. . 9-10 cannot be gra nted by law. J..

At no time shall all Members o f the Commission belong to the same profession. IX . and the other Commis· sioner for three years. by legis lation. initiative.itutio nal Convention.t. and recalls. 1.' Congress may. (1) There shall be a Commission on Audit composed of a Chairman and t wo Commissioners. It is the duty.\ud it 309 not belong to any existing political party. plebiscites. plebiscite.Sec. Ofthose first ap pointed. shall be released automatically upon certification by the Chairma n of the Commission. without discrimina tion in any form. It is obligator y on the pa r t of Congress to provide in the regular or special appropriations the f un ds cer tified by the Commission as necessary to defray the expenses for holdi ng an election. the Chairman shall hold office for seven years. If the State guarantees equal protec tion to groupR of individuals such as political parties. (2) The Chairman and the Commiss ioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without r eappointment. 1971 Con:. 1 ART. sh a ll be provided in the regular or special a ppropriations and. Once approved. THE COMMISSION ON AUDIT SECTION 1. or referendum. of the executive branch and the Commission on Elections. who shall be natural-born citizens of the Philippines and. to see to it that the above right is implemented. at least thirty-five years of age. The rule laid down in the above provision e nhances the independence of t he Commission on Election s. referenda. it is but logical and a matter of elementary justice that the same protection be made available to indi viduals separately. par ticularly. recall. Committee on Political Parties. The Commissio n on . without reappointment. initiatives.CONSTITUTIONAL COMM IS~fONS D. one Commissioner for fi ve years. Funds certified by the Commission as n ecessary to defray the expenses for holding regular and special elections. or members o f the Philippine Bar who have been engaged in the practice of law for at least t en years. and must not have been c andidates for any elective position in the el ections immediately prece ding their appointment. . Automatic release of appropriations. Appo intment to 1 Report No. at the time of their appointment. SEC. 11. th ey shall he released automatically upon certification ofihe Chainna n of the Com mission. once approved. ·. certified publ ic accountants with not less than ten years of auditing experience. provide sanctionH for this constitutional provision. D.

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

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

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

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

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

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

-owncd corporation~.A. 4 agencies. 7226 (. warrants issued. incl uding government. and instru mentalities. 1 (see Sec.316 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. and to submit s uch other reports as may be required by law.lt.. ) It is also required to recommend measures to improve the efficiency and effectiveness of the Government and its s ubdivisions. 2LlJ. including non-government entities. No. province nnd city by National Government agencies a nd instrumentalities. agencies.March 12. etc. subject to its audit. oOo1. . etc. 1992) reqnires the Commission on Audit to submit to Co ngress Annual Reports of amounts obligated. and expenditure s made in each municipality. .

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

-. The creation of sp ecial metropolitan political s ubdivisions and autonomous regions for Muslim Min danao and for the Cordilleras by. ..zL[Jgdies_. and (b) l'Lth? ~t:._..... electric... ..) and public mar kets. local govern ments are considered political bodies corporate fo r the administration of the a ffairs of the community within their territorial boundaries.. As incorporated ent ities.'l:.. 4.T'.. (1) As pofi ~!g. and for that purp~e . cities. public utilities (e.. and barangays are political bodies corporate endowed wi th power s to be exercised by and thro ugh t heir respective local governments conformably with law.g.CJ._l.r. the grant of local autonom necessary for a more efficient local g the Philippines. l ance of local functions.f iJ. and the establishment of schools.E!'.J}.e!:.By statutory provisions. Provinces. (see Sec. such as in the impo~ition and collection of taxes. respectively.) As they are now provided in the Constitution. Underlying --··-. Barangays a re units of cities (except a few where there are n o barangays) or municipalities in which they are situated.. --"'test..l~p.e ntg. It is in this character that they operate._f!..P. . Dual status of local governments. .. th~jr_pub lic .g_ pr _c.~_rn.The underlying t est of whet her an act of a local government I S a n act in the exercise of a "governmental function" or is a "corporate act" is whether the act perform ed is for the commo n good or for 3 1970 UPLC Constitution Revision Project. municipalities. p.318 TEXTBOOK ON THE PHILIPPINE CONSTITUTlON Sec.They are mere legal entities (similar to a business corporation) performing fun ctions not str ictly governmental. -They are age nts of the State. cities.fpgrate.. . Provinces are comp osed of several municipalities a nd (in some cases) cities. They act as a corporate body for their own purposes and not as subdivisions of the State.~xercis e by delegation a part of the soy rrr~ty of the State._.tlmlJLJlEPect..Bf!Y.~"!_. etc.. 700..Q. (2) . Section 1 defines the territorial and political subdivisions or ty1its of local government in the Philippines.3 Territorial and political subdivisions of can best be regulated by the people in a uthority.t. municipalities.. there must always be political subdivisio ns known as provinces.law must comply with the provisions of Sectio ns 11 and 18.q. they a re classi fied as municipal or public corporations and as such pos sess dual character: (a).o. Cities at·e urban cente rs of population.. As local affairs the locality rather tha n by the central y to local units is considered extreme ly overnment system. and barangays. preserva tion of peace and order .. waterworks. for ins tance.

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

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

:l ART.) There are. and ( 4 ) Provide for a ll other m atters r elating t o the organization and on of t he local units. G+. This reserved power serves as a constant warning to elected officials against misdemeanor.h e highest degree o f efficiency and in tegrity. is the legal process by which the registered voters of a loca l government unit remove.:-s It appl to ot1i (1) B. cials.rs of a l ocal government unit may d irectly p ropose. (2) Allocate among the differ ent local unit s t heir powers. ies to a ll local governm en ts .~ is the legal process wher eby the registered votP. ' Mechanisms of recall. Sections 69-75. This section requires Congress t o enact a Local Government Code containing prov isions wh ich: (1) Provide for a more r esponsible a nd accountable local government structure instituted through a system of decentralization (supra_j with effective mechanis ms of r ecall. R. a n d to the extent therein provided . responsibilities.Y. to the qualified voters at a n election held for the p u rpose or at a gener al election.·e and s peedy remedy on the part of the people to r emove an official who is not performing his functions to the satisfaction of the people. salaries. ~sec . local officials will be expected to d o t heir j obs with t. and resources. appointment a nd r em oval. ~The Manila Times Guide to Con. powers. (2 1tfui.Sec. Sec. term . (see Art.ER="MENT Provisions 321 Enactment of local government code. 1991.o[~J.e_call. operati pr. (3) Provide fo r the qualification s. and referendum. is ently t he Local Government Code. 1992. Local Gove-rnment Cede. enact.ig. 'Section 4 thereof. of course. XI . 2 The principle u nderlying recall is the ciTecti . i nitiative a nd ref~rendum.t. 7160.. pp. Local Gon~rn mt>nt Code-.titutiona l Am ~ndm !!nts 11973 Constitution). and duties of local offici als. a pproved on October 10. 3 Knowing that they could be called u pon to face the people and to submit an accounting of their performance in office. a nd fu nctions.A_ No. elective local officials . offices or agencies of the national government.JJ.. 1. election. initiative. 35-37. X. for loss of confidence. It is the method of removing persons fr om office by t he subm is sion of the quest ion as to whether or not they shall be rernC'ved . or amend a ny law or ordinan ce 4 at polls call ed for t he purpose independently of the regularly constitute d local legislative body.gnuary 1. It took effect on o!l. ⠢Sec Sec. other modes of terminating the employm ent of a loca l off icial.~ncral LOCAL GO\. 120 .

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

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

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

Sec. 7160.LOCAL GOVERNMENT General Pro\'isions 3<!5 Now. (1) Term limits. otherwise knl)wn 11!1 the Local Government Code of 1991. makes him negleet his duties or indifferen t to the needs of his constituents. the first term by succession not being included for purposes of the limitation. X . and give young and enlightened lead ers. Furthermore. Voluntary renunciation o f office for any length of time shall not jnterrupt the continuity of the servic e for tht! fuJi term for which an elective offici al was elected for the purpose of th e prohibttion again. Yl. by R. ⠢::ee Art. 4. shall be three years and no such official s hall sen·e for more than three consecutive terms. lt does t~ot include !Succession to an off ice. years to fi\'e 15> ye!lr~. 14. who have no formidable political machi nery or vested interests to sp~ak of .more inefficient because he becomes more isolated from the electorate.lr~ than three C3) consecutive terms.The term of offic e of barangay officials shall be determined by law.A. (3) In the case of barangay officials.t serving for more than nine (9) years continuously . cities and municipalities which in the past had been a s oun. a Vice-Mayor who became Mayor by operation of law can serve as elected Mayor for three (3) consecutive terms.The prohibition will help eliminate the so-called "political war dlordism" in provinces. . i: Art. the official becomes more and . . . Term of office of elective local officials.t h efficiency of an elective official. For example.A. and the knowledge that he will be reelected anyway because he controls the votes.See. No. -The limitation is not imposed by the Con stitution for the reason that the dang1~r that the evil sought to be 1The term was changed from three \3 . local governments shall be entitled to receive their equitable share from t he local proceeds as provided in St>ction 7 and they cannot be deprived of this sharE:! although Congress can provide by law the manner by which they shall be f >ntitled to receive it. Sees. 1 In the case of other elect ive local officials.. . No. 4. a chance t. therefore. tenure in many cases has much to do wi. and they can not serve for m <. 852 4 (lo'eh. Voluntary renunciation of the off ice for any length of time shall not be considered as an inte rruption in the co ntinuity of his service for the fuH term for which he was elected.o be elected.) The three-term limitation refers to term of offict? for the same position for wh ich the local officials were elected. their term of office shall be three (3) years. The term of office of elective local officials. 8. lawlessness. 8 AR1'. ( 2) Reasons. 1 1998) which amended Seetion 43 ofR. V11. except barangay official s. Experience has shown that as the tenure be comes longer. SEC.:e of abuse and. which shall be determined by law.

l::lections. 1 (2) Aim of the provision.~ a plebiscite in the ctly affected. Their powers are very limited and usually their ju risdiction covers a small area. the voters of both the parent unit a nd the unit to be segregated should be included in the plebiscite. except in accordance and subject to a ppr political units dire (1) Conditions. 9. merg1 in Padilla. income. No province. municipality). vs. The provision is consistent wi th the provisions of Sections 15 and 16 of Article XIII (Social Justice and Huma n Rights) on the role and rights of people's organizations "to pursue and protec t x x x their legitimate and collective interests and aspirations through peacef ul and lawful means" and "to participate at all levels of social.326 TEXTBOOK 0!1< THE PHll. geographical area. of any local unit.. being a barangay official is sometimes a sacrifice because he receives no or little compensation and the pos ition hardly offers opportunities for personal aggrandizement. divided. merged. . -By legi slation or any other act of government having the force of law. or bar a ngay may merged. division. abolished.. Commission on . In the public mind. merger. Section 9 seeks to enhance greater participation and representation by the peopl e in policy-making on the local government level.. any local government unit may be created. be created. 9-10 avoided will arise is slight. city. Sectoral representation in local legislative bodies.) established in the Local Government Code. etc. SEC. abolished. or its b oundary substantially altered. 10.. Jr. with the criteria established in the local government code oval by a majority of the votes cast .IPPINE CONSTITUTION Sees. number of population. 214 SCRA 735. o r its boundary s ubstantially altered provided: (a) The change is in accordance with the criteria (e." Wher e a locel unit (e.g. g.The aim is to avoid the indiscriminate practice in the past of breaking up provinces into s everal provinces.g. . etc .. Creation. political and economic decision-making. ." SEC. divided. and (b) It is approved by a majority o f the votes cast in the plebiscite the "political units directly affected. barangay) is to be segregated from a parent unit (e . municipality. Legislative bodies of local governme nts shall have sectoral representa tion as m ay be prescribed by law.

etc . the provision will also elim inate the old practice of gerrymandering" and minimize legislative action design ed for the benefit of a few politician:. lB⠢1uvier's Low Dict ionary... I !lH\ · It is the ac t of altering the voting districts !.t~ ·:. <Sec . municipalities into one.J·. This practice wa!': supposf:'d to h ave .The metropolitan authority is not strictly a local government unit b ut merely an administrative agency to coordinate basic se rvic~ <e. without an y definite criteria. Pro viding th e basic services together rather than separately will be more cost eff ecfor the mitiated by Elridge Gerry. subject to a plebiscite as set forth in Section 10 hereof. op. art basic to local government. 11 Al-rf. . . (1) Basic autonomy of component cit it's and !⠢:unicipa!iti.o that they · unfairly ar~·an ged be~n b enefit of a particular pnrtr or candidate. they would be so distributed as to creat(' as many !:lafe dio.. In many cases. 11. if a pro. for instance. .etaincd.H. a~ an alternati\·e.: r. .. X.trirt~ fnr the ruling pa rty as possible and to crowd the electorate suspected of minority lea nmg~ in ihe few~.·5 ⠢ district. In view of the criticisms against the inclusion of mt-tropo lit a n gc⠢wrnm~nts as a new form of local government. garbage collection..~tENT General Pro.·i. SEC.'r. p.<!'<t po!>~:uble districts without r egard to the requirement~ of gcograph~· and . by law.:-. creati ng new cities.ll.g.-inc<:. etc. '·Taft ada and Ft-rnando. Since the creation.r. Hence.ality and more by political rea sons..n:. subject to approv al in a plebiscite as set forth in Section 10.Stlc.ic autonomy and shaH be entitled to elect their ow n local executives and !o:-gislative assemblies . health.ices..\ In accordance with this pra<:ticc. Governor of Massac huseti:.:o nv~'ni~nce. g21. ~ jurisdiction of the metropol itan authority that wi ll thereby be created being limited to basic services req uiring coordination .LOCAL GO\'t. The component cities and municipa hties shall retain their ba. the Constit t:.. Creation of special metropolitan political subdivisions. create special metropolitan political subdivis ions. the creation or abolition was dictated less by the economic and social conditions of the loc. l · (2) Function limitc~d to coordina ting basic s ert. water supply and sewerage.⠢ . The Congress may. The jurisdiction of t he metropolitan authority that will thereby be c r eated shall be limited to bas ic services requiring coordination. provides for the creation of special metropolitan J:·⠢. traffic management) of ad joining cities and municipalities in highly urbanized areas as Metro Manila. By giving the inhabitants a hand in their approval. 327 ing two or mort. it is also imper ative that these acts be done not on1y by Congress but also be approved by the i nhabitants of the locality concerned.. The component c ities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. wer e to be given ftvc . . fit. it promotes the autonomy of loc al government units. h ou~ing.J!itical subdivisions.

as well as component cities w hose charters prohibit the ir voters from voting for provincial elective officia ls. Grouping of local government units. (Sec. or (2) consolid ate or coordinate their efforts. For example. Cities that are highly urbanized . 12. Voters of component cities which are under a province cannot be deprived of thei1· right to vote for elective provincial officials . SEC. services. Corollary to independence is the loss of the right to participate in the election of elective provincial officials since th ese officials do not c ease to exercise a ny governmental jurisdiction and authority over said city. are independent of the province (/bid.. as determined by law. 1 Component cities form par t of the province.) (1) (2) Highly urbanized cities. 12-13 tive because most of them have a mutually r einforcing effect. and resources for purposes c ommonly beneficial to them in accordance with law. shall b e independent of the province. It authorizes them to: ( 1 ) group themselves.328 TEXTBOOK ON THB PHlLIPPINE CONST11TTION Sees.) in which they are geographically loc ated. consolidate or coordinate the ir efforts. They are not subject to the supervisor y powers of the province. Component cities and highly urbanized cities.ial elec tive officials. services. and resources for purposes commonly b eneficial to them in accordance with law. Local Gove rnment Code. whose charters contain no such prohibition. Local government units m ay group themselves. This is a s it should be because of the complex and varied problems in a highly urbanized city due to a bigger population and greater economic activity which require grea ter autonomy. . 1 Section 451. A city may be either component or h ighly urbanized. SEC. 13. The voters of component c ities within a province. impr oving primary health service and water !'iupply simultaneously will have greater impact than improving them separately. Section 13 str esses the need for collective action by local government units fo r solving common problems economically and effectively. shall not b e d eprived of their right to vote for elective provincial officials. which in a l~ose sense suggests a confederation or associa tion of local executives without any diminution of local powers. 12. as determined by law. a nd component cities whose charte r s prohibit their voters from voting for provinl'.

waterworks and irrigation systems.or similar bodies compo sed of local government officials and h(:. pollution abatement. on the municipal level. ~ac~ions..t>partments and other go vernment offices and representatives from th~· r:⠢:·:1·go\·ernmental org-ani· zations gions. and social welfare. and other services which transcend local boundarieEl) by using economies of scale for the general welfar e of their inhabitants even without assistance from the national government. . flood c ontrol.:.rthens and promott-s the autonomy and independ· ence of ac tion of local units in undertaking common activities (concerning health. Regional development councils or other similar bodies. X. The purpose mu5: ::--:.de for regional development councils or other similar bodies composed of local government officials. the local units can hopefully cope with local problems without being ov erly dependent on the services of the national government.. local execu tives may be empowered to appoint field functionaries on each le. served more as instru· ments of national control. traffic. In the past. created ostensibly to facilitate inter·governmental tra r.. 329 This provil:ljon stren!:. The President shall pro~.au:. and representatives from non·governmental or· ganiza tions within the regions for purposes of administrative decentralization to stre ngthen the autonomy of the units therein and to accelerate the economic and soci al growth and development of the units in the region.rs.N'f General Provi. regional or field ag~n cie.C.See. c ity or province) of local gove-rnment.jnomy of the units in the region and to accelerate th eir economic anci 5·~·C1al growth and development.government. the formulation and implementation of programs and projects admini~tered by regional offices of the national government which are distinct on each level (barangay. Genuine local autonomy r~q·.to effect administrative decentralization as a me ans to strengthen tnt. oft fit..:. SEC. 14. With greater powe. 14 ART. police and fire protect ion.t!res that th e local units con· cerned should be allowed to participate ir-.t. crime prevention. . regional heads of departm ents and other govern· ment offices. municipality.LOCAL GOVERX:\fF. The Constitution leaves it to the local units to decide for themselves the services or functions they can better perform in concert.President is enjoined by S ection 14 to provide for regional developm~r:: council:. To further strengthen the local govern~tO-~~=-. For !:!xample.ion. schools.·el and to approve programs of a department as they apply to their respective areas. _. rather than of ~t-:Y :ce to local governments and communities. Under certain national guidelines.. d.. :~. th e mayor should have a say with respect to proposed services in the area such as rural health centers.

Tawi·Ta wi.A. 9140 (June 22. No.) .. and other relevant characteristics within the framework o f this Constitution and the national sovereignty as well as territorial integrit y of the Republic of the Philippines. :haracteri st ic~. providing for t h e creation of the Cordillera A utonomous Region !CAR)..in t. it bee~:~ me a region f one ( 1) province. an d Sulu voted "yes" to become an autonomous region . Jfug ao. the Organic Act which crcatod the au tonomous region. 2001) which amcndl!d R. Th e Cordillera Region is composed of Benguet. Kalinga and Apayao used to be one provinc-~ known as Raling!!·Apayao. *New provisions. for the Cordilleras as distinct territori1ll and political subdivisions of the Republic ofthe Philippines. 1998..:tures.han one city or province. 15 AUTONOMOUS REGIONS* SEC. No. pp. 2 Composition and condition for creation of autonomous regions. economic and social stru<.. Section 15 providt~$ the constitutional basis fo r the existence of autonomous regions. they shall con sist of provinces. it is not const ituLionally allow able to constitute 1:1n autonom ous region of only one ( 1l pr ovince. Mountain Province. .) It is i ntended to meet the demand for autonomy that has been aired for several years no w by Muslims in Southern Philippines a nd only fairly recently by some leaders o f the Cordilleras in Northern Luzon. economic and social structures. 9054. 1 It is also expected to speed up the econo mic development of the regions. was r~jected !Jy the Cordillera voters in the plE⠢biscite ho ld on March 7. hence.. Sec~tions to 14 of Art1cle X are the gt:ner al provisi(l[tS applicable to aU local governm ent units regar ess of regions while Sections 15 to 21 pertain only to the two ( 2) special autonomous regions. one for Muslim Minda nao and a nothflr. Som e quarters have questioned the validi ty of the creation of the two (2) autonomous regions (Regions IX and XII. (1 ) As provided in Section 15. Creation of autonomous regions. only Rasilan and Mara wi CiLy voted to j(.titutio n Revision Project.he Autono· mous Region in Muslim Mindanao tARMMl. 48o8. La nao del Sur. I as only the provincf:' ofifugao t.: Com. 15. 53·fi4 . There shall he created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces. municipalities. cities and mun icipalities and geographical areas which share common and distinctive historical and cultural heritage. Apayao and Abra. Kalinga . RA. Ho wever. cities. Ko. since 11 region impliell more t.) in &m thern Philippines for alleged lack of constitut ional basis. Local Government. 'Muslim Mindanao does not rctcr to the entir" region ()f Mindanao but to areas i n the region which are predominantly populated by Mu!ilims. Baguio City. 2001 plebiscite calleci for by R. 6731 (us amended by R. Only Maguindanao. In the Augus t 14. 2 1986 UPL<. region. (see Sec.A. No.330 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. Section 15 a uthorizes the creation of only two (2) autonomous regions.h1:1t voted f or the autonomou. and geographical a reas sharing common and distinctive historical and cultural h eritage. The matter is now l aid at rest. 1. and othe r relevant <.A.

Uers or powers not given by the Constitution or by law to the auton omous regions are vested in the national government. -LOCAL GOVERNMENT Au t onomous Region::. General supervisory power of the President over autonomous regions. SEC. 18. The retention of residual powers in the national gov~mnwn t is neces· sary if the "national sovereignty as well as territorial intej?:rity of the Republic of Phi lippines" (Sec.) not granted to them. In other words. n ational defense. Sec.} is to be always mainta ined . the creation of an autonomous region shall be accomplished "wit hin the framework of the Constitution'' and subject to the "national sovereignty as well as territorial integrity of the Republic of the Philippines. f?. powers (e. The Cortgress shall enact an organic act for each autonomous region wit h the assistance and participation of the regional consultative commission compo sed of representatives appointed by the President from a list of nominees from m ulti· sectoral bodies. etc. currency. (Art. ) This power extends to autonomous regions and is to be exercised by the President "to ensure that laws are faithfu lly executed. either expressly or by implication. Residual powers vested in the National Government. ) SEC. X. both of which shall be elective and representative of the constituent politica l units. 331 (2) Furthermore. 15.g. functions. are deemed withheld and cannot be exercised by them ." consistent with the constitutional policy to ensure the autonomy of local governments. Section 16 merely reiterates the existing power of general supervision of the Pr esident over local governments. 16-18 ART." This cond ition is in effect a declaration prohibiting secession by any autonomous region from the Philippines or dismemberment of any territory in derogation of Philippi ne sovereignty. The organic act shall define the basic structure of governme nt for the region consisting of the executive depart· ment and legislative assembly . 4. 17. SEC. The President shall exercise general supervision over autonomous region s to ensure that laws are faithfully executed.. foreign relations.e§idu(ll pQ~. II . (see Sec.Sees. The reason for this is that local governments including autonomous regions are mere creatures of the State operating under the principle of granted powers. 25. and responsibilities not granted by this Constit ution or by law to the autonomous regions shall be vested in the National Govern ment. 16. All powers. The or· ganic acts shall likewise provide for special courts with per· .

which shall def ine the basic structure of government for the autonomou s region . 18 sonal. (Sec. political and economic decision-m aking (Art. 16. lin guistic. will determine th e actual commencement of the legal existence of every autonomous r egion being created. 18.. Moreover. and geographic areas voting favorably in such plebiscite shall be included i n the autonomous region. (1) Procedure.). t he ratification of the organic act.332 TEXTBOOK ON THE :PBILTPPJN. Congress is mandated to enact an organic act to be proposed for each autonomous region or the basic law by virtue of which it shall exist as suc h. 57 . and other differe nces. Such law will allow some f1exibility in the goYernment structure for each autonomous region. r eligious. 1. .fli Sec. 2. Sec.t<. The creation of the autonomous region shall b e effective when approved by a majority of the votes cast by the constituent unit& in a plebiscite called for the purpose.} (2) N eed fi>r an organic law.) (a ) In line with the consti tutional policy giving recognition to the right of the people and their organiza tions to participate at all levels of social . XIII. defining its organization and powers. 20. (ibid. . Section 18 requires that the organic act mu£>. family. (Sec. Enactment and ratification of an organic act for each autonomous region. par. It will require some study and rese arch on the part of Congress in determining the implementing details. (bl It also requires that both the execu t ive department a"'ld legislative assembly of each region shall be elective and r epresentative of the constituent political units.) (c) The int ent ion is to insur e t he r epresentative ch a racter of the regional governmen t whose executive and legislative officials are elected by popular vote. The pro posed organic act shall be submitted to the constituent units for approval in a plebiscite called for the purpose. 1 1 /bid.Sect ion 18 states the procedure for th e establishment of auto nomous regions. citi es.. The creation of the autonomous region shall b e effective wh en approved by the majority of t he votes cast in the plebiscite but only th e units votin g favorably shall be included in the autonomous region . par. provided that only provinces. p. -·There is a need for a charter o r organic law specifically applicable to each particular region. CONSTTTUTIO.t be for mula ted with the assil:ltance and participation of a regional consultative comm ission com posed of representatives appointed by the President fro m a list of n ominees from multi -sectora l bodies. taking into account the peculiar conditions therein and the people's ethnic. and property la w jurisdiction consistent with the provisions of this Constitution and national laws.

19-20 AHT. (2) Creation of sources of re\'enues.ther t l:t~!! . social. . c. . Legislative powers ~r '.anno. I SEC.BJ. 20.Q. 19.om_ ~ o. pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras. the organic act of autonomous regions shaD p rovide for legislative powers over: (1) Administrative organization.<. The first Congress elected under this Constitution · shall. The grant of powers is subject to the provisions of the Constitu tion and la ws enacted by Congress. For . Rl·gi «m<.) within 18 mo nths from the time of organization of the Senate and the House of Representativ( 's. the organic acts shall be submitted to a plebiscite called for t he purpose for approval by the constituent units. (3) Ancestral domain and natural resources .t. (7) Educati onal polic ies.Q_t__~'hen authQ.?!: e. par.. 1.fr. Time frame for the passage of organic acts..-ilJ ..u:ne. X.LOCAL GOVERNMENT Autonom ouc..Soc. An aut onomous re~tion has a lmost complete adminis trative and legislative autonomy wi thin its jurisdiction owr the ma tters enumerated. (see Ibid.rated.. family. (5) Regional urban and rural pla nning de velopment. .·ide for legislative powers to be exercised.d. Legislative powers of autonomous regions. and ( 9) Such other matters as may be authorize d by law for the promotion of the gene ral welfare of the people of the region. 333 SEC. (8) Preservation and development of the cultural heritage. The Constitution directs the first Congress t o be elected under the new Con sti tution after i t~ ratification to pass the organic acts for the autonomous regio ns in Muslim ~'lindanao and the Cordiller as (see Sec. within eightee n months from the time of organization of both Houses. 18. The organic act of a n autonomous region sha ll pro.qs~ em...s. Thereafter.l.!D~~t. over the matter s enumera ted in Section 20.i-'l~~L~x-~~.tQJ. and property relations. a nd tourism developme nt.ti~. 2. t_Q. par.~:t:£). (4) Personal. within its territorial jurisdiction.t ~ ~. (6) Economic._bLLlli as provided in No (9~. Within its te rritorial jurisdiction and subject to the provisions of t his Constitution and national laws.

334 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. under No .. only the national government should have j u r isd iction over such matters. SEC.Preservation of peace and order within the regions.o.. the people can follow their own personal laws and cu st oms which includo divorce.!!jty of the r egions sh all b e the r espon s ibility of the ~llilnaLG. . 7).. the y ca n decide on t heir own educational system virtually independent from the ov erall policies laid down by the Department of Education.. By making their own educational policie& (No. -oOo- . The A~~!)~~ -~_nd secl.ag~s which shall be or g anized.e. such police agencies shall be org anized. To insure its proper dischar ge. 21.. ID-~~~!. a nd utilized in a ccordance w ith applicable la ws. within the region s shall b e t he responsibility of the lp~. The preserva tion of p~~g~..al polic. Culture and Sports. This responsibility is entrusted to the local police agencies to which it pr ope rly pertains.vern. supervised and utilized in accordance with applicable laws. s upervised. maintained. m aintained. The defense and security ofthe regions shall be the responsibility of the nation al government.-. 21 example.~-~_rde~. (4).!P. For obvious reasons.

) (3) l!. act with patriotism and justice. for a gi\·en period either fixed by law or enduring at the pleasure o f the appointing power.-rnng it.bliUc. P~..)!' ⠢.. e-.. J\:{ay 30. 1-" the right. :n. n!.eu.:. ~ ~_pu})lic. the aboliti on undermines the security of tenure of me mbers of the judiciary. Any offict' l except when created by the Constitution ) may be abolished by law unles. p.t.C~!~trac[. 2. public f)fficP. 57 SCRA 163... :: ~x1 ~t$ at all.o. integrity. and effi⠢ ciency. par. government for the recovery of damages which he may suffer from hi.orne law expl'e:J>:~ Iy or impli~clly cn·.. prop(?r. and lead mode st lives. 2. 197-1.. and du ty created and_sonf~rred by la w 1 hy which. <Sec.. 416.s_g_. an individua l is invested with some portion of the sove reign functions of the governme nt to be exercised by him t'A for the benefit of the public.. c.r. op.. 1. vs.. lIt is not to be understood ag a position of honor.H.'. lt. Vill~tluz ..t.U..Hln!J . The individual so in\'ested is a public officer.!. Court of Appeals. "~!~~. 1984... loyalty. ~~U~11. i. only bEicause and by virtue of . See 64.0L . is_ 'Y?.~rticle XI ACCOUNTABILITY OF PUBLIC OFFICERS (§ECTION 1. Consequently.!'>l:c <)!TicE-" and Office rs.r:!: . . Sec. sc(· :Vferhem. one has no right to 5U⠬' the . VII I..not a natural right. Public officers ~nd employees must at all times b e accountable to the people. 335 . 127 SC RA 231 .Tau . serve them with utmost responsibility.. removal from office. 2 Nature of public office.J 20livcros ~v. Public office is a public trust. (see Art. 1Aparri vs. The holder of the office may not claim \·ested right i n it which may not be disturbed by legis lation. cit..Qffl~~.ty. Meaning of publi c office and public officer.3 'The right to hold public office i. authority . Sinco. prestige and powe r but a position of rendering service to the public.

integrity. be ac countable to the people.c_e .r~. Bro wn v8.i£ (/bid. the trustee or servant ofthe pe ople.E.).it refers to those officials who se duties not being of a clerical or manual nature. lfil.when generally used in reference to persons in the public servic e.·ernments.. occupies a very delicate position which exacts from him certain sta ndards which generally are not demanded from or required of ordinary citizens. or class of men. Committet> on Dutic.i (1) fiigttJJjcg. (2) Officer: (a) As di~.a_rrf:._':_lblic tru~.s r<!. and Obligations of Citizens and Ethics of Publi c Otliciah.it includes any government employee. 1971 Constitutional Convention. off!_c_~j~_~.!govia vs.. therefore. 2. Morfe vs. The above provision lays stress on the well-known dictum th~t__n~pl. a public trust.tinguished from clerk or employee. (bl When used with ref erence to a person with authority to do a particular act or perform a particular function.quired. or private i nterest of any one man. Mutuc.. Noel. or body having authodty to do the act or exercise the function in question in the exercise of governmen tal powers."5 (2) §!rJ. in truth and not merely figuratively.! ~f plJ:. subdivisions or instrumentalities.'' and at "alJ time1. he is enjoined to serve his office with the highest dE>gree o f"responsibility.336 TI~XTBOOK ON THE PHILIPPINR CONSTITUTION Sec. . a categorical declaration thereof in the Co nstitution is deemed necessary as it will always serve as a reminder to public o fficers of the ·'sacred character of their tasks" and a warning that "violation the reof would be nothing less than a sacrilege.!S. 292. L- .Qlj~ _s. trf Employee. honor. divisions. loyalty. S ection 2(14. .!Z!J. 47 Phil.. ⠢sl. ⠢Report No.e.. This definition includes office rs defined in No. J. 160fi. involve the exercise of disc retion in the performance of the functions of government. and efficiency.l. . (*) He is.of (1. Russell.f'"~--~"TJ.tn1tive Code of 1987 (Ext>c Order No. Introductory Provi$ions. 54. family. constitutio~a{ de.4 Public office.-Any governm(mt office is a trust tor it is crea ted for the sole purpose of effecting the end for which the government has been instituted. it includes any person in the service of the government or any of its agencie s. agent._clcy~a_t}_<!!'-· -Although this b asic concept is already firmly rooted in our system of gover