THE PHILIPPINE CONSTITUTION

Constitution: That body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised [Cooley, Constitutional Limitations, p. 4].
That written instrument enacted by direct action of the people by which the fundamental
powers of the government are established, limited and defined, and by which those powers
are distributed among the several departments for their safe and useful exercise for the
benefit of the body politic [Malcolm, Philippine Constitutional Law, p. 6].
Purpose: To prescribe the permanent framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on
which the government is founded [11 Am. Jur. 606].
Classification:
A) WRITTEN OR UNWRITTEN.
I. A Written Constitution is one whose precepts are embodied in one document or set of documents;
II. An Unwritten Constitution consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as: Statutes of a fundamental character, Judicial
decisions, Commentaries of publicists, Customs and traditions; and certain common law principles
[Cruz, Constitutional Law, pp. 4-5].
B) ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
I. A Conventional Constitution is enacted, formally struck off at a definite time and place following a
conscious or deliberate effort taken by a constituent body or ruler
II. A Cumulative Constitution is the result of political evolution, not inaugurated at any specific time but
changing by accretion rather than by any systematic method [Cruz, ibid., p. 5].

C) RIGID OR FLEXIBLE.
I. Rigid Constitution is one that can be amended only by a formal and usually difficult process;
II. Flexible Constitution is one that can be changed by ordinary legislation [Cruz, ibid., p. 5].

Qualities of a good written Constitution:

1. BROAD. Not just because it provides for the organization of the entire government and covers all persons and
things within the territory of the State but because it must be comprehensive enough to provide for every
contingency.
2. BRIEF. It must confine itself to basic principles to be implemented with legislative details more adjustable to
change and easier to amend.
3. DEFINITE. To prevent ambiguity in its provisions which could result in confusion and divisiveness among the
people [Cruz, ibid,, pp. 5-6],

Essential parts of a good written Constitution:

a) Constitution of Liberty. The series of prescriptions setting forth the fundamental civil and political rights of
the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those
rights, e.g., Art. III.
b) Constitution of Government. The series of provisions outlining the organization of the government,
enumerating its powers, laying down certain rules relative to its administration, and defining the electorate, e.g., Arts.
VI, VII, VIII and IX.
c) Constitution of Sovereignty. The provisions pointing out the mode or procedure in accordance with which
formal changes in the fundamental law may be brought about, e.g., Art. XVII.

Ways to interpret the Constitution:

1. verba legis - The words used in the Constitution must be given their ordinary meaning
2. ratio leqis et anima - The words of the Constitution should be interpreted in accordance with its intent or spirit
3. ut maais valeat auam pereat – The constitution has to be interpreted as a whole

BRIEF CONSTITUTIONAL HISTORY

1. The Malolos Constitution
2. The American Regime and the Organic Acts
3. The 1935 Constitution
4. The Japanese (Belligerent) Occupation
5. The 1973 Constitution
6. The 1987 Constitution.
The Power of Judicial Review
The power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution.
Functions of Judicial Review: (1) checking (2) legitimating (3) symbolic

STATE. A community of persons, more or less numerous, permanently occupying a definite portion of territory,
independent of external control, and possessing a government to which a great body of inhabitants render
habitual obedience.
ELEMENTS: 1) People – A group of persons sufficiently numerous held together by a common bond
2) Territory – A definite area over which the State exercises sovereign jurisdiction
3) Sovereignty – Power of the State to regulate matters within its own territory.
4) Government – Institution organized and run in order to manage the affairs of the State

Territory: ART. 1 National territory

Important distances with respect to the waters around the Philippines:
Territorial Sea 12 nautical miles (n.m.)
Contiguous Zone 12 n.m. from the edge of the territorial sea
Exclusive Economic Zone 200 n.m. from the baseline [includes T.S. and C.Z.]

Classification of governments
1) De jure – Government which is placed in power following legal / constitutional processes.
2) De facto – a government that actually exercises power or control but without legal title

“REPUBLICAN STATE” It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.

“DEMOCRATIC STATE” This merely emphasizes that the Philippines has some aspects of direct democracy such as
initiative and referendum.

The INHERENT POWERS of the State are: (a) Police Power; (b) Power of Eminent Domain; and (c) Power of Taxation
Police Power - The power of promoting public welfare by restraining and regulating the use of liberty and property.
Power of Eminent Domain - inherent right of the State to condemn private property to public use upon payment of just compensation.
Power of Taxation - to impose burdens upon subjects and objects within its jurisdiction for the purpose of raising revenues to carry out
the legitimate objects of government.

CITIZENSHIP
Membership in a political community which is personal and more or less permanent in character.
Modes of acquiring citizenship:
A) BY BIRTH
i) jus sanguinis - by the birthplace
ii) jus soli - by blood relation
B) BY NATURALIZATION
C) BY MARRIAGE

Sec 1. WHO ARE THE CITIZENS OF THE PHILIPPINES:

1. THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT THE TIME OF THE ADOPTION OF THE 1987 CONSTITUTION
Re: 1935 Constitution: Sec. 4, Philippine Bill of 1902; Sec. 2, Jones Law of 1916 [including children born after April 11, 1899]
2. THOSE WHOSE FATHERS OR MOTHERS ARE CITIZENS OF THE PHILIPPINES.
3. THOSE BORN BEFORE JANUARY 17, 1973 OF FILIPINO MOTHERS, WHO ELECT PHILIPPINE CITIZENSHIP UPON
REACHING THE AGE OF MAJORITY.
Procedure of Election:
 Election is expressed in a statement to be signed and sworn to by the party concerned before any official authorized
to administer oaths.
 Statement to be filed with the nearest Civil Registry.
 The statement is to be accompanied with the Oath of Allegiance to the Constitution and the Government of the
Philippines [Sec. 1, CA 625].
When: Within three (3) years from reaching the age of majority except when there is a justifiable reason for the delay.
4. THOSE WHO ARE NATURALIZED IN ACCORDANCE WITH LAW.
Modes of naturalization:
Direct: Citizenship is acquired by:
(i) Individual, through judicial or administrative proceedings;
(ii) Special act of legislature;
(iii) Collective change of nationality, as a result of cession or subjugation; or
(iv) In some cases, by adoption of orphan minors as nationals of the State where they are born.
b) Derivative: Citizenship conferred on:
(i) Wife of naturalized husband;
(ii) Minor children of naturalized person; or on the (iii) Alien woman upon marriage to a national.
Doctrine of indelible allegiance. An individual may be compelled to retain his original nationality even if he has already
renounced or forfeited it under the laws of the second State whose nationality he has acquired.

3 ways by which an alien may become a citizen of the Philippines by naturalization:

a) Judicial Naturalization under Commonwealth Act No. 473, as amended;
b) Administrative Naturalization under Rep. Act No. 9139; and
c) Legislative Naturalization in the form of a law enacted by Congress, bestowing Philippine citizenship to an alien.

Naturalization under C.A. 473.

a) Qualifications:
[a] Not less than 21 years of age on the date of the hearing of the petition;
[b] Resided in the Philippines for a continuous period of not less than 10 years; may be reduced to 5 years if he
honorably held office in Government, established a new industry or introduced a useful invention in the
Philippines, married to a Filipino woman, been engaged as a teacher in the Philippines (in a public or private
school not established for the exclusive instruction of persons of a particular nationality or race) or in any of the
branches of education or industry for a period of not less than two years, or born in the Philippines;
[c] Good moral character; believes in the principles underlying the Philippine Constitution; must have conducted
himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his
relations with the constituted government as well as the community in which he is living;
[d] Own real estate in the Philippines worth not less than P5,000.00, or must have some known lucrative trade,
profession or lawful occupation;
[e] Speak and write English or Spanish and any of the principal Philippine languages;
[f] Enrolled his minor children of school age in any of the public or private schools recognized by the
Government where Philippine history, government and civics are taught as part of the school curriculum, during
the entire period of residence in the Philippines required of him prior to the hearing of his petition for naturalization.
Disqualifications: Those
[a] Opposed to organized government or affiliated with any association or group of persons who uphold and teach
doctrines opposing all organized governments;
[b] Defending or teaching the necessity or propriety of violence, personal assault or assassination for the
success or predominance of their ideas;
[c] Polygamists or believers in polygamy;
[d] Convicted of a crime involving moral turpitude;
[e] Suffering from mental alienation or incurable contagious disease;
[f] Who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who
have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos;
[g] Citizens or subjects of nations with whom the Philippines is at war, during the period of such war;
[h] Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized
citizens or subjects thereof.
PROCEDURE:
1. Filing of declaration of intention one year prior to the filing of the petition with the Office of the Solicitor General.
2. Filing of the petition, accompanied by the affidavit of two credible persons, citizens of the Philippines, who
personally know the petitioner, as character witnesses.
3. Publication of the petition. Under Sec. 9, Revised Naturalization Law, in order that there be a valid publication,
the following requisites must concur:
(a) the petition and notice of hearing must be published;
(b) the publication must be made once a week for three consecutive weeks; and
(c) the publication must be in the Official Gazette and in a newspaper of general circulation in the
province
where the applicant resides.
In addition, copies of the petition and notice of hearing must be posted in the office of the Clerk of
Court or in the building where the office is located.
4. Actual residence in the Philippines during the entire proceedings.
5. Hearing of the petition.
6. Promulgation of the decision.
7. Hearing after two years. At this hearing, the applicant shall show that during the two-year probation period,
applicant has: (1) not left the Philippines. (2) dedicated himself continuously to a lawful calling or profession; (3) not
been convicted of any offense or violation of rules; and (4) not committed an act prejudicial to the interest of the
nation or contrary to any Government- announced policies.

EFFECTS OF NATURALIZATION:
1. Vests citizenship on wife if she herself may be lawfully naturalized
2. Minor children born in the Philippines before the naturalizationshall be considered citizens of the
Philippines
3. Minor child born outside the Philippines who was residing in thePhilippines at the time of
naturalization shall be considered a Filipino citizen.
4. Minor child born outside the Philippines before parent’s naturalization shall be considered Filipino
citizens only during minority, unless he begins to reside permanently in the Philippines.
5. Child born outside the Philippines after parent’s naturalization shall be considered a Filipino, provided
that he registers as such before any Philippine consulate within one year after attaining majority age,
and takes his oath of allegiance.
DENATURALIZATION:
1. Naturalization certificate is obtained fraudulently or illegally.
2. If, within 5 years, he returns to his native country or to some foreign country and establishes residence
there; provided, that 1-year stay in native country, or 2-year stay in a foreign country shall be prima
facie evidence of intent to take up residence in the same.
3. Petition was made on an invalid declaration of intention.
4. Minor children failed to graduate through the fault of the parents either by neglecting to support them
or by transferring them to another school.
5. Allowed himself to be used as a dummy.
Administrative Naturalization [R.A. 9139]. The “Administrative Naturalization Law of 2000” would grant Philippine
citizenship by administrative proceedings to aliens born and residing in the Philippines.

Special Committee on Naturalization: 1. Solicitor General, as chairman, 2. Secretary of Foreign Affairs or his
representative, and 3. National Security Adviser

Qualifications: Applicant must

1. Be born in the Philippines and residing therein since birth;
2. Not be less than 18 years of age, at the time of filing of his/her petition;
3. Be of good moral character and believes in the underlying principles of the Constitution and must have
conducted himself/ herself in a proper and irreproachable manner during his/her entire period of
residence in the Philippines in his relations with the duly constituted government as well as with the
community in which he/she is living;
4. Have received his/her primary and secondary education in any public school or private educational
institution duly recognized by the Department of Education, where Philippine history, government and
civics are taught and prescribed as part of the school curriculum and where enrolment is not limited to
any race or nationality, provided that should he/she have minor children of school age, he/she must have
enrolled them in similar schools;
5. Have a known trade, business, profession or lawful occupation, from which he/she derives income
sufficient for his/her support and that of his/her family; provided that this shall not apply to applicants
who are college degree holders but are unable to practice their profession because they are disqualified
to do so by reason of their citizenship;
6. Able to read, write and speak Filipino or any of the dialects of the Philippines; and
7. Have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs and
traditions and ideals of the Filipino people.
Disqualifications: The same as those provided in C.A. 473.
Loss of citizenship:
1. Bv naturalization in a foreign country
2. By express renunciation of citizenship
3. Bv subscribing to an oath of allegiance
4. Bv rendering service to or accepting commission in the armed forces of a foreign country
5. Bv cancellation of the certificate of naturalization.
6. Bv having been declared bv competent authority a deserter of the Philippine armed forces in time of
war, unless subsequently, a plenary pardon or amnesty has been granted.
Reacquisition of citizenship:
a) Under R.A. 9225, bv taking the oath of allegiance
b) By naturalization, provided that the applicant possesses none of the disqualifications prescribed for naturalization .
c) By repatriation
d) By direct act of Congress.

Lawyers who lost their citizenship cannot practice law in the Philippines. Such citizenship is a requirement for the
admission to the Bar and practice of such profession.
Exception: The citizenship is lost by reason of naturalization to other countries but reacquired pursuant to RA 9225

To resume practice after reacquisition, he must secure the authority from Supreme Court and conditioned on:
1. The Updating and payment in full the annual membership dues in IBP
2. The Payment of professional tax
3. The completion of at least 36 credit hours of mandatory continuing legal education
4. The retaking of Lawyer’s oath

SUFFRAGE
Means by which people express their sovereign judgement. Its free exercise mjust be protected esp. against
the purchasing power of peso.
Conditioned upon the procedural limitation one must undergo: The process of registration
RA 8189 or “The Voters registration act of 1996”
Sec 8: No registration shall be conducted during the period starting 120 days before the regular election
Sec 35: The petition for the exclusion of voters from the voter’s list may be filed 100 days prior to a regular election
HOW TO ACQUIRE A NEW DOMICILE BY CHOICE:
1. Residence or bodily presence in the new locality
2. An intention to remain there
3. An intention to abandon the old domicile

Animus manendi – the intention to return

Animus non revertendi – without intention to return
RA 9189 or The Overseas Absentee Voting Act of 2003
Sec 4: All Filipino citizens abroad who are not disqualified under the law at least 18 years of age atleast on the day of
election, may vote president, vice president, senators and party-list representatives.

Sec 5: Disqualification
1. Those who lost their citizenship in accordance with the Philippine Laws.
2. Those who expressly renounced their Philippine Citizenship and pledged allegiance to a foreign country
3. Those who committed and convicted in a final judgement guilty of Disloyalty under Art. 137 of Penal Code
(rebellion, insurrection, crime against public order) punished by imprisonment of not less than one year

The Absentee voter who failed to vote for two consecutive national elections, his name may be ordered to be
removed in the National Registry of Overseas Absentee Voters

THE LEGISLATIVE DEPARTMENT

A. THE LEGISLATIVE POWER
1. Defined: The power to propose, enact, amend and repeal laws.
2. Where vested: In the Congress
Exception: to the extent reserved to the people by the provision on initiative and referendum
THREE SYSTEMS OF INITIATIVE: Initiative on the Constitution, Initiative on statutes and Initiative on local legislation
Indirect initiative is the exercise of initiative by the people through a proposition sent to Congress or local legislative
body for action [Sec. 2, R. A. 6735]
Referendum is the power of the electorate to approve or reject legislation through an election called for the purpose
Two classes:
1. Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof,
passed by Congress; and
2. Referendum on local laws which refers to a petition to approve or reject a law, resolution or ordinance
enacted by regional assemblies and local legislative bodies [Sec. 2(c), R. A. 6735].
PROHIBITIVE MEASURES (The following cannot be the subject of an initiative or referendum petition)
1. No petition embracing more than one subject shall be submitted to the electorate; and
2. Statutes involving emergency measures, the enactment of which is specifically vested in Congress by the
Constitution, cannot be subject to referendum until ninety (90) days after their effectivity [Sec. 10, R. A.
6735].
LOCAL INITIATIVE. Not less than 2,000 registered voters in case of autonomous regions, 1,000 in case of provinces
and cities, 100 in case of municipalities, and 50 in case of barangays, may file a petition with the Regional Assembly
or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law,
ordinance or resolution [Sec. 13, R. A. 6735].
LIMITATIONS ON LOCAL INITIATIVE:
(a) The power of local initiative shall not be exercised more than once a year;
(b) Shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact;
(c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented,
the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative.
General Rule: POWERS CANNOT BE DELEGATED
Exception:
1. Delegation of Tariff Powers to the President under the Constitution
2. Delegation of Emergency Powers
3. Delegation to the people at large
4. Delegation to the local government
5. Delegation to administrative bodies
Two accepted test of valid delegation:
1. Completeness test – The law must complete its terms and conditions
2. Sufficient Standard Test – there must be adequate guidelines or limitations of the law to map out bounderies
of delegate’s authority and prevent delegation running riot.
B. CONGRESS
Composition [Sec. 1, Art. Vi]: (1) A Senate and (2) a House of Representatives.
C. THE SENATE
1. COMPOSITION [Sec. 2, Art. VI]:
Twenty-four Senators elected at large by qualified voters of the Philippines, as may be provided by law.
QUALIFICATIONS OF SENATOR [Sec. 3, Art. VI]
 Natural-born citizen of the Philippines,
 At least 35 years of age on the day of the election,
 Able to read and write,
 A registered voter,
 A resident of the Philippines for not less than two years immediately preceding the day of the election
 3. TERM OF OFFICE [Sec. 4, Art. VI]: Six years, commencing at noon on the 30th day of June next following their
election.
LIMITATION: No Senator shall serve for more than two consecutive terms. Voluntary renunciation of office for any
length of time shall not be considered as an interruption in the continuity of his service for the full
term for which elected.
D. House of Representatives
1. Composition [Sec. 5(1) and (2), Art. VI]: Not more than 250 members, unless otherwise provided by law,
consisting:
a) District representatives, elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area.
b) Party-list representatives, the twenty per centum of the total number of representatives, elected through a party-list system of
registered national, regional, and sectoral parties or organizations.
c) Sectoral representatives. For three consecutive terms after the ratification of the Constitution, one-half of the seats allocated to party-
list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be provided by law, except the religious sector.
 Until a law is passed, the President may fill by appointment from a list of nominees by the respective
sectors the seats reserved for sectoral representation [Sec. 7, Art. XVIII, 1987]. These appointments shall be
subject to confirmation by the Commission on Appointments

2. Apportionment of legislative districts

a) Apportionment shall be made in accordance with the number of respective inhabitants [among provinces, cities
and Metro Manila area], ON THE BASIS OF A UNIFORM AND PROGRESSIVE RATIO. But:
(i) each city with not less than 250,000 inhabitants shall be entitled to at least one representative; and
(ii) Each province, irrespective of number of inhabitants, is entitled to at least one representative.
b) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. This is
intended to prevent gerrymandering.
Gerrymandering – manipulating the boundaries of (an electoral constituency) so as to favor one party or class.
c) Congress to make reapportionment of legislative districts within three years following the return of every census.
3. Qualifications [Sec. 6, Art. VI]:
1) Natural-born Filipino citizen
2) At least 25 years of age on the day of the election
3) Able to read and write, and,
4) Except the party-list representatives, a registered voter in the district of which he shall be elected, and a
resident thereof for not less than one year immediately preceding the day of the election.
4. Term of office [Sec. 7, Art. VI]: Three years, commencing at noon on the 30th day of June next following their
election.
LIMITATION: Shall not serve for more than three consecutive terms.
5. The Party-List System [R.A. 7941 (The Party-List System Act)].
The party-list system is a mechanism of proportional representation in the election of representatives to the
House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered
with the Commission on Elections.

REGISTRATION: MANIFESTATION TO PARTICIPATE IN THE PARTV-LIST SYSTEM

Any organized group of persons may register as a party, organization or coalition for purposes of the party-
list system by filing with the Comelec not later than 90 days before the election a petition verified by its president or
secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or
organization or a coalition of such parties or organizations. Any party, organization or coalition already registered
with the Comelec need not register anew, but shall file with the Comelec not later than 90 days before the election a
manifestation of its desire to participate in the party-list system.

GUIDELINES ON WHAT MAY ORGANIZATIONS MAY APPLY IN THE PARTY-LIST SYSTEM:

1. The party must represent the marginalized and underrepresented [Sec.5 of RA 7941]
2. Must comply with the policy
3. Religious Sector may not be represented
4. Must not be disqualified under Sec. 2 of RA 7941
5. Must not be an adjuct of or aproject organized or an entity funded or assisted by the government
6. Its nominees must also comply with the requirements of the law
7. Nominee must be able to contribute to the formation and enactment of the legislation that will benefit the
nation
REFUSAL AND/OR CANCELLATION OF REGISTRATION
Upon a verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of
any national, regional or sectoral party, organization or coalition on any of the following grounds:
1. It is a religious sect or denomination, organization or association organized for religious purposes;
2. it advocates violence or unlawful means to seek its goal;
3. it is a foreign party or organization;
 4. it is receiving support from any foreign government, foreign political party, foundation, organization,
whether directly or through any of its officers or members, or indirectly through third parties, for partisan
election purposes;
5. it violates or fails to comply with laws, rules or regulations relating to elections;
6. it declares untruthful statements in its petition;
7. it has ceased to exist for at least one year; and
8. it fails to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast
under the party-list system in the two preceding elections for the constituency in which it has registered.

NOMINATION OF PARTY-LIST REPRESENTATIVES

Each registered party, organization or coalition shall submit to the Comelec not later than 45 days before
the election a list of names, not less than five, from which party-list representatives shall be chosen in case it obtains
the required number of votes. A person may be nominated in one list only. Only persons who have given their
consent in writing may be named in the list. The list shall not include any candidate for any elective office or a
person who has lost his bid for an elective office in the immediately preceding election. No change shall be allowed
after the list shall have been submitted to the Comelec except in cases where the nominee dies, or withdraws in
writing his nomination, becomes incapacitated, in which case the name of the substitute nominee shall be placed
last in the list. Incumbent sectoral representatives in the House of Representatives who are nominated in the
partylist system shall not be considered resigned.
QUALIFICATIONS OF PARTV-LIST NOMINEES:
1) Natural-born citizen of the Philippines,
2) A registered voter,
3) A resident of the Philippines for at least one year immediately preceding the day of the election,
4) Able to read and write,
5) A bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the
day of the election, and
6) Is at least 25 years of age on the day of the election.
 For the youth sector, he must be at least 25 years of age but not more than 30 years of age on the day of the
election. Any youth representative who attains the age of 30 during his term shall be allowed to continue in
office until the expiration of his term.

MANNER OF VOTING
Every voter shall be entitled to two votes:
1) The first is a vote for the candidate for member of the House of Representatives in his legislative district
2) The second, a vote for the party, organization or coalition he wants represented in the House of
Representatives; provided that a vote cast for a party, sectoral organization or coalition not entitled to be
voted for shall not be counted.

The Constitution and Republic Act (RA) No. 7941 or Party-List System Act mandate at least four inviolable
parameters. These are:
1) The twenty percent allocation 
2) The two percent threshold
3) The three-seat limit 
4) Proportional representation 

Term of office: Three (3) years, and entitled same salaries and emoluments as regular members of the House
PRIVILEGES:
1. Freedom from arrest - all offenses punishable by not more than six years imprisonment.
2. Privilege of speech and of debate – No Member shall be questioned nor be held liable in any other place for any
speech or debate in the Congress or in any committee thereof

DISQUALIFICATIONS
1. Incompatible office – he shall not hold any other Government office or employment w/o forfeiting his seat.
EXCEPT: in an EX OFFICIO CAPACITY
2. Forbidden Office – Ban to the office created or the emoluments thereof increased.
OTHER INHIBITIONS:
1. Appearing “personally” as counsel before the court
2. Upon assumption of office, must make a full disclosure of financial and business interests. Shall notify House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which
they are authors [Sec. 12, Art. VI]
SESSIONS:
1. Regular: Once every year on the fourth Monday of July, unless a different date is fixed by law. Shall continue
for such number of days as it may determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal holidays.
 2. Special: “The President may call a special session at any time" [Sec. 15, Art. VI]. Usually to consider legislative
measures which the President may designate in his call.
3. Joint sessions:
a) Voting separately:
1. Choosing the President [Sec. 4, Art. VII].
2. Determine President’s disability [Sec. 11, Art. VII].
3. Confirming nomination of the Vice President [Sec. 9, Art. VII].
4. Declaring the existence of a state of war [Sec. 23, Art. VI],
5. Proposing constitutional amendments [Sec. 1, Art. XVII],
b) Voting jointly: To revoke or extend proclamation suspending the privilege of the writ of habeas corpus or
placing the Philippines under martial law [Sec. 18, Art. VII].
4. Adjournment. “Neither House during the sessions of the Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting”
[Sec. 16 (5), Art. VI].

OFFICERS: The Senate shall elect its president and House of the representatives shall choose its speaker.
DISCIPLINE OF MEMBERS [Sec. 16(3), Art. VI]: House may punish its members for disorderly behavior, and, with the
concurrence of 2/3 of all its members, suspend (for not more than sixty days) or expel a member.

LEGISLATIVE JOURNAL AND THE CONGRESSIONAL RECORD.

1. Matters under the Constitution to be entered in the journal:
(a) Yeas and nays on third and final reading of a bill;
(b) Veto message of the President;
(c) Yeas and nays on the repassing of a bill vetoed by the President; and
(d) Yeas and nays on any question at the request of 1/5 of members present.
2. An ENROLLED BILL is one duly introduced and finally passed by both Houses, authenticated by the proper officers
of each, and approved by the President. The enrolled bill is conclusive upon the courts as regards the tenor of the
measure passed by Congress and approved by the President.
3. Enrolled bill prevails, except as to matters which, under the Constitution, must be entered in the Journal.
4. The Congressional Record. Each House shall also keep a Record of its proceedings

ELECTORAL TRIBUNALS [Sec. 17, Art. VI].

1. COMPOSITION: Three Supreme Court justices designated by the Chief Justice, and six members of the house
concerned chosen on the basis of proportional representation from the political parties registered under the party-
list system represented therein. The Senior Justice shall be its Chairman.
2. POWER. The Electoral Tribunals of the Houses of Congress shall be the sole judge of all contests relating to the
election, returns and qualifications of their respective members.

COMMISSION ON APPOINTMENTS
COMPOSITION: The Senate President, as ex officio Chairman, 12 Senators and 12 Members of the House of
Representatives, elected by each House on the basis of proportional representation from the political parties
registered under the party-list system represented therein. The Chairman shall not vote except in case of a tie

POWERS. The Commission shall act on all appointments submitted to it within 30 session days of Congress from
their submission. The Commission shall rule by a majority vote of its members. The Commission shall meet only
while Congress is in session, at the call of its Chairman or a majority of all its members.

POWERS OF CONGRESS
1. Legislative power is the power to propose, enact, amend and repeal laws. [Sec. 1,Art. Vi]
LIMITATIONS:
I. Substantive
a. Express:
i. Bill of rights [Art. Ill];
ii. On appropriations [Secs. 25 and 29 (1) & (2), Art. VI];
iii. On taxation [Secs. 28 and 29 (3), Art. VI; Sec. 4 (3), Art. XIV];
iv. On constitutional appellate jurisdiction of the Supreme Court [Sec.30, Art. VI];
v. No law granting a title of royalty or nobility shall be passed [Sec. 31, Art. VI]
b. Implied
i. Non-delegation of powers; and
ii. Prohibition against the passage of irrepealable laws.
c. Procedural:
i. Only one subject, to be expressed in the title thereof [Sec. 26, Art. VI].
ii. Three readings on separate davs: printed copies of bill in its final form distributed to
Members three days before its passage, except when the President certifies to its
 immediate enactment to meet a public calamity or emergency; upon last reading, no
amendment allowed, and vote thereon taken immediately and yeas and nays entered in the
Journal.
LEGISLATIVE PROCESS
Requirements as to bills:
1. Only one subject to be expressed in the title thereof.
2. Appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application,
and private bills shall originate exclusively in the House of Representatives

Procedure: “No bill passed by either House shall become a law unless it has passed three readings on separate days,
and printed copies thereof in its final form have been distributed to its Members three days before its passage,
except when the President certifies to the necessity of its immediate enactment to meet a public calamity or
emergency” [Sec 26 (2) Art. VI]

Approval of bills
The bill becomes a law in any of the following cases:
a) When the President approves the same and signs it.
b) When Congress overrides the Presidential veto
LEGISLATIVE VETO. A congressional veto is a means whereby the legislature can block or modify administrative
action taken under a statute. It is a form of legislative control in the implementation of particular executive action.

2. POWER OF APPROPRIATION
the power to specify the project or activity to be funded under the appropriation law.
Classification:
i) General appropriation law: passed annually, intended to provide for the financial operations of the
entire government during one fiscal period.
ii) Special appropriation law: designed for a specific purpose.

Limitations on appropriation measures:

(i) Appropriation must be devoted to a public purpose.
(ii) The sum authorized to be released must be determinate, or at least determinable
Constitutional limitations on special appropriation measures:
i) Must specify the public purpose for which the sum is intended.
ii) Must be supported by funds actually available as certified to by the National Treasurer, or to be raised by
a corresponding revenue proposal included therein [Sec. 25(4), Art. VI].
Constitutional limits on general appropriations law [Sec. 25, Art. VI]:
i) Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget.
ii) The form, content, and manner of preparation of the budget shall be prescribed by law.
iii) No provision or enactment shall be embraced unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates

EXECUTIVE IMPOUNDMENT. The refusal by the President for whatever reason to spend funds made available by
Congress. It is the failure to spend or obligate budget authority of any type.
3. POWER OF TAXATION
a) Limitations:
i) Rule of taxation shall be uniform and equitable. Congress shall evolve a progressive system of taxation.
ii) Charitable institutions, etc., and all lands, building and improvements actually, directly and exclusively
used
for religious, charitable or educational purposes shall be exempt from taxation [Sec. 28(3), Art. VI].
iii) All revenues and assets of non-stock, non-profit educational institutions used actually, directly and
exclusively for educational purposes shall be exempt from taxes and duties [Sec. 4(3), Art. XIV]
v) Law granting tax exemption shall be passed only with the concurrence of the majority of all the members
of Congress [Sec. 29(4), Art. VI]
Lifeblood Theory: Tax is the lifeblood of the Government for without which, the Government cannot operate.

CONGRESSIONAL OVERSIGHT FUCTIONS:

1. Power of Legislative Investigation
Sec. 21, Art. VI: The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.
Limitations:
i) Must only in aid of legislation
 ii) In accordance with duly published rules of procedure
iii) Rights of persons appearing in, or affected by such, inquiry shall be respected.
Power to punish contempt
Punishment of contumacious witness may include imprisonment, for the duration of the session. The Senate,
being a continuing body, may order imprisonment for an indefinite period, but principles of due process and equal
protection will have to be considered.

2. Question hour.
The heads of departments may upon their own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments.
Exempted on the power of inquiry by the Congress “in aid of legislation: Only the PRESIDENT

LEGISLATIVE POWERS OF THE CONGRESS:

1. POWER OF APPROPIATION
2. POWER OF TAXATION
3. POWER OF EXPROPRIATION (Power of the Eminent Domain)

NON LEGISLATIVE POWERS OF THE CONGRESS:

1. WAR POWERS
By a vote of 2/3 of both Houses in joint session assembled, voting separately, declare the existence of a state of war [Sec. 23(1), Art. VI]
2. POWER TO ACT AS BOARD OF CANVASSERS IN ELECTION OF PRESIDENT [Sec. 4, Art. VII].
3. POWER TO CALL A SPECIAL ELECTION FOR PRESIDENT AND VICE PRESIDENT [SEC. 10, ART. VII].
4. POWER TO JUDGE PRESIDENT’S PHYSICAL FITNESS TO DISCHARGE THE FUNCTIONS OF THE PRESIDENCY [SEC. 11, ART. VII],
5. POWER TO REVOKE OR EXTEND SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS OR DECLARATION OF
MARTIAL LAW [SEC. 18, ART. VII].
6. POWER TO CONCUR IN PRESIDENTIAL AMNESTIES. CONCURRENCE OF MAJORITY OF ALL THE MEMBERS OF CONGRESS [SEC.
19, ART. VII],
7. POWER TO CONCUR IN TREATIES OR INTERNATIONAL AGREEMENTS. CONCURRENCE OF AT LEAST 2/3 OF ALL THE
MEMBERS OF THE SENATE [SEC. 21, ART. VII].
8. POWER TO CONFIRM CERTAIN APPOINTMENTS/NOMINATIONS MADE BY THE PRESIDENT.
9. POWER OF IMPEACHMENT [SEC. 2, ART. XI].
10. POWER RELATIVE TO NATURAL RESOURCES [SEC. 2, ART. XII].
11. POWER TO PROPOSE AMENDMENTS TO THE CONSTITUTION [SECS. 1 AND 2, ART XVII]

THE EXECUTIVE DEPARTMENT

The President
QUALIFICATIONS: “No person may be elected President unless he is:
a. a natural-born citizen of the Philippines,
b. a registered voter,
c. able to read and write,
d. at least forty years of age on the day of the election, and
e. a resident of the Philippines for at least ten years immediately preceding such election” [Sec. 2, Art.
VII].

The Vice President

Qualifications, election, term of office and removal. The same as the President [Sec. 3, Art. VII]
But no Vice President shall serve for more than 2 successive terms. The Vice President may be
appointed as Member of the Cabinet. Such appointment requires no confirmation by the Commission on
Appointments.

ELECTION [Sec. 4, Art. VII].

a) Regular Election: Second Monday of May
b) Congress as canvassing board
c) Supreme Court as Presidential Electoral Tribunal

PRESIDENTIAL TERM OF OFFICE: six [6] years

a) No re-election: and no person who has succeeded as President and has served as such for more than
four years shall be qualified for election to the same office at any time.
b) The six-year term of the incumbent President and Vice President elected in the February 7, 1986 election
is, for purposes of synchronization of elections, extended to noon of June 30, 1992

PRIVILEGES [Sec. 6, Art. VII]

1. Official Residence: Malacañang Palace, Bahay Pangarap, Panacañang, The Mansion,
Malacañang sa sugbo
2. Salary: From about P120,000 a month, the Philippine President's salary will be raised to 160,924 on
the first tranche starting under incoming President Rodrigo Duterte, and will increase for up to P399,739
(Step 2 level of service) by 2019
3. Immunity from suit: The President is immune from criminal and civil liability
4. Executive Privilege: The right of the President and high-level executive branch officials to
withhold
information from Congress, the courts, and ultimately, the public .
Presidential conversations, correspondences, or discussions during closed-door Cabinet meetings, like the
internal deliberations of the Supreme Court and other collegiate courts, or executive sessions of either House of
Congress, are recognized as confidential.

Prohibitions/lnhibitions [Secs. 6 & 13, Art. VIII].

Paragraphs (a) to (d) apply to the Vice President; paragraphs (b) to (d) also apply to Members of
the Cabinet, their deputies or assistants. During tenure:
a) Shall not receive any other emoluments from the government or any other source.
b) Unless otherwise provided in this Constitution, shall not hold any other office or
employment.
c) Shall not directly or indirectly practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise or special privilege granted
by the government or any subdivision, agency, or instrumentality thereof, including
government-owned or -controlled corporations or their subsidiaries.
d) Strictly avoid conflict of interest in the conduct of their office.
e) May not appoint spouse or relatives by consanguinity or affinity within the fourth civil degree
as Members of Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Under Secretaries, chairmen or heads of bureaus or offices, including
government-owned or -controlled corporations and their subsidiaries

RULES ON SUCCESSION
a) VACANCY AT THE BEGINNING OF THE TERM.
i) Death or permanent disability of the President-elect: Vice President-elect shall become
President.
ii) President-elect fails to qualify: Vice President-elect shall act as President until the President-
elect'shall have qualified.
iii) President shall not have been chosen: Vice President-elect shall act as President until a
President shall have been chosen and qualified.
iv) No President and Vice President chosen nor shall have qualified, or both shall have died or
become permanently disabled: The President of the Senate or, in case of his inability, the
Speaker of the House of Representatives shall act as President until a President or a Vice
President shall have been chosen and qualified. In the event of inability of the officials
mentioned, Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice President shall have qualified.
b) VACANCY DURING THE TERM:
i. Death, permanent disability, removal from office, or resignation of the President: Vice President shall
become the President.
ii. Death, permanent disability, removal from office, or resignation of President and Vice President:
Senate President or, in case of his inability, the Speaker of the House of Representatives, shall act
as President until a President or Vice President shall be elected and qualified. Congress, by law,
shall provide for the manner in which one is to act as President in the event of inability of the officials
mentioned above.

c) TEMPORARY DISABILITY
i) When President transmits to the Senate President and the Speaker of the House his written declaration
that he is unable to discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary: such powers and duties shall be discharged by the Vice President as Acting
President.
ii) When a majority of all the Members of the Cabinet transmit to the Senate President and the Speaker
their written declaration that the President is unable to discharge the powers and duties of his office, the
Vice President shall immediately assume the powers and duties of the office as Acting President, x x x
Thereafter, when the President transmits to the Senate President and Speaker his written declaration
that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a
majority of the Members of the Cabinet transmit within 5 days to the Senate President and Speaker their
written declaration that the President is unable to discharge the powers and duties of his office, Congress
shall decide the issue. For this purpose, Congress shall convene, if not in session, within 48 hours. And
if, within 10 days from receipt of the last written declaration or, if not in session, within 12 days after it is
required to assemble, Congress determines by a 2/3 vote of both Houses, voting separately, that the
 President is unable to discharge the powers and duties of his office, the Vice President shall act as
President; otherwise, the President shall continue exercising the powers and duties of his office.

d) Constitutional duty of Congress in case of vacancy in the offices of President and Vice President:
At 10 o’clock in the morning of the 3rd day after the vacancy occurs, Congress shall convene
without need of a call, and within 7 days enact a law calling for a special election to elect a President
and a Vice President to be held not earlier than 45 nor later than 60 days from the time of such call.
The bill shall be deemed certified and shall become law upon its approval on third reading by Congress, x x
x The convening of Congress cannot be suspended nor the special election postponed, x x x No special
election shall be called if the vacancy occurs within 18 months before the date of the next presidential
election.
Removal of the President: By impeachment [Secs. 2 & 3, Art. XI]

POWERS OF THE PRESIDENT

1. The Executive Power [Secs. 1, Art. VII: “The executive power shall be vested in the President of the Philippines”.
Sec. 17, Art. VII: “x x x He shall ensure that the laws be faithfully executed. ’] .
a) The executive power is the power to enforce and administer the laws.
b) Authority to reorganize the Office of the President
c) The President of the Philippines is the Executive of the Government of the Philippines and no other, and that
all executive authority is thus vested in him.
d) President has the authority to carry out a reorganization of Office of the President under the Constitution and
statutes.
e) until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his
doubts on its validity.

2. The Power of Appointment

[Sec. 16, Art. VII: “The President shall nominate and, with the consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed
forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise
provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions or boards.”]

Appointment is the selection by the authority vested with the power of an individual who is to exercise the functions
of a given office.

Designation means the imposition of additional duties, usually by law, on a person already in the public service.

Permanent appointments are those extended to persons possessing the qualifications and the requisite eligibility
and are thus protected by the constitutional guarantee of security of tenure.

Temporary appointments are given to persons without such eligibility, revocable at will and without the necessity
of just cause or a valid investigation; made on the understanding that the appointing power has not yet decided on a
permanent appointee and that the temporary appointee may be replaced at any time a permanent choice is made.

A regular appointment is one made by the President while Congress is in session, takes effect only after
confirmation by the Commission on Appointments, and once approved, continues until the end of the term of the
appointee.

An ad interim appointment is one made by the President while Congress is not in session, takes effect immediately,
but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of
Congress. In the latter case, the ad interim appointment is deemed “by-passed” through inaction. The ad interim
appointment is intended to prevent interruptions in vital government services that would otherwise result from
prolonged vacancies in government offices.
a) An ad interim appointment is a permanent appointment because it takes effect immediately
and can no longer be withdrawn by the President once the appointee has qualified into
office.
b) An ad interim appointment can be terminated for two causes specified in the Constitution:
1. Disapproval of the appointment by the Commission on Appointments
2. Adjournment by Congress without the Commission on Appointments acting on the
appointment.
OFFICIALS WHO ARE TO BE APPOINTED BY THE PRESIDENT
A. Regular Appointment
1. Nomination of the President
2. Confirmation of Commission of Appointments
3. Issuance of the Commission
4. Acceptance by the Appointee
B. Ad Interim Appointment
1. Appointment
2. Attendance
3. Confirmation (or Denial)/By-pass

Special Constitutional Limitations on the President’s appointing power:

i) The President may not appoint his spouse and relatives by consanguinity or affinity within the fourth civil
degree as Members of the Constitutional Commissions, as Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or -controlled
corporations [Sec. 13, Art. VII].
ii) Appointments extended by an acting President shall remain effective unless revoked by the elected
President within ninety days from his assumption of office [Sec. 14, Art. VII].
iii) Two months immediately before the next presidential elections and up to the end of his term, a
President or acting President shall not make appointments except temporary appointments to executive
positions when continued vacancies therein will prejudice public service or endanger public safety [Sec.
15, Art. VII].

THE POWER OF REMOVAL. As a general rule, the power of removal may be implied from the power of appointment.
However, the President cannot remove officials appointed by him where the Constitution prescribes certain methods
for separation of such officers from public service.

3. The Power of Control

[Sec. 17, Art. VII: "The President shall have control of all the executive departments, bureaus, and offices, x x x’]

CONTROL is the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in
the performance of his duties and to substitute the judgment of the former for that of the latter.

SUPERVISION in that the latter means overseeing, or the power or authority of an officer to see that subordinate
officers perform their duties, and if the latter fail or neglect to fulfill them, then the former may take such action or
steps as prescribed by law to make them perform these duties.

ALTER EGO PRINCIPLE - Also known as the “doctrine of qualified political agency”. Under this doctrine which
recognizes the establishment of a single executive, all executives and administrative organizations are adjuncts of the
Executive Department.

The President exercises only the power of general supervision over local governments [Sec. 4, Art. X]

4. The Military Powers [Sec. 18, Art. VII: “The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion. In cases of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus
or place the Philippines or any part thereof under martial law. x x x”]
a) The Commander-in-Chief clause.
b) Suspension of the privilege of the writ of habeas corpus
i) Grounds: Invasion or rebellion, when public safety requires it.
ii) Duration: Not to exceed sixty days, following which it shall be lifted, unless extended by Congress.
iii) Duty of President to report action to Congress: within 48 hours, personally or in writing.
iv) Congress may revoke [or extend on request of the President] the effectivity of proclamation by a
majority vote of all its members, voting jointly.
v) The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision thereon within thirty days from its filing [Sec. 18,
Art. VII
vi) The suspension of the privilege of the writ does not impair the right to bail [Sec. 13, Art. III].
vii) The suspension applies only to persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion. viii) During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.
Martial Law. “A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning
of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ”
[Sec. 18, Art. VII].

5. The Pardoning Power [Sec. 19, Art. VII: “Except in cases of impeachment, or as otherwise provided in the
Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all
the members of the Congress”.]

Definitions:
1. Pardon. An act of grace which exempts the individual on whom it is bestowed from the punishment that
the law inflicts for the crime he has committed.
2. Commutation. Reduction or mitigation of the penalty.
3. Reprieve. Postponement of a sentence or stay of execution.
4. Parole. Release from imprisonment, but without full restoration of liberty, as parolee is still in the
custody of the law although not in confinement.
5. Amnesty. Act of grace, concurred in by the legislature, usually extended to groups of persons who
committed political offenses, which puts into oblivion the offense itself.

Limitations on exercise:
1. Cannot be granted in cases of impeachment [Sec. 19, Art. VII].
2. Cannot be granted in cases of violation of election laws without the favorable recommendation of the
Commission on Elections [Sec. 5, Art. IX-C].
3. Can be granted only after conviction by final judgment.
4. Cannot be granted in cases of legislative contempt (as it would violate separation of powers), or civil
contempt
5. Cannot absolve the convict of civil liability
6. Cannot restore public offices forfeited

Classification:
i) Plenary or partial.
ii) Absolute or conditional.

6. The Borrowing Power

Sec. 20, Art. VII: “The President may contract or guarantee foreign loans on behalf of the Republic with the prior
concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board
shall, within 30 days from the end of every quarter, submit to the Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by the Government or government-owned and controlled
corporations which would have the effect of increasing the foreign debt, and containing other matters as may be
provided by law. ”

7. The Diplomatic Power. Sec. 21, Art. VII: “No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all the members of the Senate.”

8. Budgetary Power. Sec. 22, Art. VII: “The President shall submit to Congress within 30 days from the opening of
every regular session, as the basis of the general appropriations act, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue measures. ” ,

9. The Informing Power. Sec. 23, Art. VII: “The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.”

10. Other powers:

a) Call Congress to a special session [Sec. 15, Art. VI: “x x x The President may call a special session at any time ],
b) Power to approve or veto bills [Sec. 27, Art. VI]. OUTLINE / REVIEWER IN POLITICAL LAW 308 Constitutional Law
c) To consent to deputation of government personnel by the Commission on Elections [Sec. 2(4), Art. IX-C]. d) To
discipline such deputies [Sec. 2(8), Art. IX-C].
e) By delegation from Congress, emergency powers [Sec. 23(2), Art. VI], and tariff powers [Sec. 28(2), Art. VI].
f) General supervision over local governments and autonomous regional governments [Art. X].
 JUDICIARY DEPARTMENT
A. The Judicial Power
Includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government [Sec. 1, par. 2, Art. VIII].

Where vested: In one Supreme Court and in such lower courts as may be established by law
[Sec. 1, Art. VIII].

Jurisdiction - is defined as the power to hear and decide a case.

a) Congress shall have the power to define, prescribe and apportion the jurisdiction of the various courts, but
may not deprive the Supreme Court of its jurisdiction over cases enumerated in Sec. 5, Art. VIII [Sec. 2, Art.
VIII],

b) No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in the
Constitution without its advice and concurrence [Sec. 30, Art. VI].

B. Constitutional Safeguards to insure the independence of the Judciiary.

1. The Supreme Court is a constitutional body; it may not be abolished by the legislature.
2. The members of the Supreme Court are removable only by impeachment.
3. The Supreme Court may not be deprived of its minimum original and appellate jurisdiction; appellate
jurisdiction may not be increased without its advice and concurrence.
4. The Supreme Court has administrative supervision over all inferior courts and personnel.
5. The Supreme Court has the exclusive power to discipline judges/ justices of inferior courts.
6. The members of the Judiciary have security of tenure.
7. The members of the Judiciary may not be designated to any agency performing quasi-judicial or
administrative functions.
8. Salaries of judges may not be reduced; the Judiciary enjoys fiscal autonomy.
9. The Supreme Court, alone, may initiate and promulgate the Rules of Court.
10. The Supreme Court, alone, may order temporary detail of judges.
11. The Supreme Court can appoint all officials and employees of the Judiciary.

C. Power of Judicial Review/Inquiry

Functions: a. checking; b. legitimating; c. symbolic
Who may exercise: Supreme Court
Requisites of Judicial Review:
1. There must be an actual case of controversy
2. The question of constitutionality must be raised by the proper party.
3. The constitutional question must be raised at the earliest possible opportunity
4. The decision of the constitutional question must be necessary to the determination of the
case itself.

MOOT AND ACADEMIC CASE

is one that ceases to present a justiciable controversy by virtue of supervening events, so that a
declaration thereon would be of no practical use or value. Generally, courts decline jurisdiction over such
case or dismiss it on ground of mootness.  
Courts will decide cases, otherwise moot and academic, if:
1. there is a grave violation of the Constitution 
2. the exceptional character of the situation and the paramount public interest is involved
3. when constitutional issue raised requires formulation of controlling principles to guide the
bench, the bar, and the public
4. the case is capable of repetition yet evading review
Locus standi is defined as “a right of appearance in a court of justice on a given question.”
What are the tests of locus standi in the Philippines?
The original was:
[1] If the act involves the disbursement of public funds, mere taxpayer has the capacity to sue and question such
act.
[2] If it does not involve disbursement of public funds, only those who are “directly injured” by the said law or
contract entered into by the government.

Direct injury test: Who will be injured or had been injured by the act committed
EXCEPTION in case of lack of locus standi:
1. Transcendental importance – The Court may relax the standing requirements and allow the suit to prosper
despite the lack of direct injury to the parties seeking judicial review

2. Facial Challenge - Invalidation of the statute “on its face”, rather than “as applied”, is permitted in the interest of
preventing a “chilling effect” on freedom of expression.
Overbreadth doctrine - permits a party to challenge the validity of a statute even though, as applied
to him, it is not unconstitutional, but it might be if applied to others not before the Court whose activities
are constitutionally protected
Void for Vagueness Rule: The accused is also denied the right to be informed of the charge against
him, and to due process as well, where the statute itself is couched in such indefinite language that it
is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are
punished. In such a case, the law is deemed void
Questions of unconstitutionality can be raised if:
1. Criminal Cases – at any time
2. Civil Cases – at any stage of proceedings
3. All other cases – at any stage jurisdiction of MTC except if it is Estoppel

Effects of Declaration of Unconstitutionality

1. Orthodox view: An unconstitutional act is not a law; it confers no rights; it imposes no duties; it
affords no protection; it creates no office; it is inoperative, as if it had not been passed at all.
2. Modern view: Courts simply refuse to recognize the law and determine the rights of the parties as if
the statute had no existence.
3. Inoperative fact: Doctrine the acts made constitutional prior to the declaration of unconstitutionality.

Partial Unconstitutionality. Requisites:

a) The Legislature must be willing to retain the valid portion(s), usually shown by the presence of a
separability clause in the law; and
b) The valid portion can stand independently as law.

D. Appointment to the Judiciary.

1. Qualifications: Of proven competence, integrity, probity and independence [Sec. 7 (3), Art. VIII]. In
addition:
a) Supreme Court:
1. Natural born citizen of the Philippines,
2. at least 40 years of age,.
3. for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines
[Sec. 7 (1), Art. VIII]..
b) Lower Collegiate Courts and Lower Courts:
1. Natural born citizen of the Philippines,
2. member of the Philippine Bar,
3. Congress may prescribe other qualifications [Sec. 7 (1) and (2), Art. VIII].

2. Procedure for Appointment.

A. Appointed by the President of the Philippines from among a list of at least three nominees prepared
by the Judicial and Bar Council for every vacancy; the appointment shall need no confirmation [Sec.
9, Art. VIII].
B. Any vacancy in the Supreme Court shall be filled within ninety (90) days from the occurrence thereof
[Sec. 4 (1). Art. VIII],
C. For lower courts, the President shall issue the appointment within ninety (90) days from the
submission by the JBC of such list [Sec. 9, Art. VIII].
 THE JUDICIAL AND BAR COUNCIL
a) Composition [Sec. 8 (1), Art. VIII]:
i) EX-OFFICIO MEMBERS: Chief Justice, as Chairman; the Secretary of Justice, and a representative of
Congress.
ii) REGULAR MEMBERS: A representative of the IBP, a professor of law, a retired justice of the Supreme Court,
and a representative of the private sector.
iii) SECRETARY EX-OFFICIO: The Clerk of the Supreme Court.

b) Appointment:
The regular members shall be appointed by the President for a term of four [4] years, with the consent of the
Commission on Appointments. They shall receive such emoluments as may be determined by the Supreme Court
[Sec. 8 (2), Art. VIII].

c) Powers/Functions:
Principal function of recommending appointees to the Judiciary. May exercise such other functions and
duties as the Supreme Court may assign to it [Sec. 8 (5), Art. VIII].

E. The Supreme Court.

1. Composition: A Chief Justice and 14 Associate Justices.
It may sit en banc or in its discretion, in divisions of three, five or seven members. Any vacancy shall be filled
within 90 days from occurrence thereof [Sec. 4(1), Art. VIII],
2. En Banc/Division Cases:
a) En Banc: All cases involving the constitutionality of a treaty, international or executive agreement, or law;
and all other cases which, under the Rules of Court, are to be heard en banc, including those involving the
constitutionality, application or operation of presidential decrees, proclamations, orders, instructions,
ordinances and other regulations.
b) Division: Other cases or matters may be heard in division, and decided or resolved with the concurrence of
a majority of the members who actually took part in the deliberations on the issues and voted thereon, but in
no case without the concurrence of at least three (3) such members

3. Powers [Sec. 5, Art. VIII]:

a) Original jurisdiction: over cases affecting ambassadors, other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto and habeas corpus.
b) Appellate jurisdiction: Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or Rules of Court
may provide, final judgments and orders of lower courts in:
1. all cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance or regulation is in question;
2. all cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation
thereto;
3. all cases in which the jurisdiction of any lower court is in issue;
4. all criminal cases in which the penalty imposed is reclusion perpetua or higher; and
5. all cases in which only an error or question of law is involved
c) Temporary assignment of judges of lower courts to other stations as public interest may require; but the assignment
shall not exceed six months without the consent of the judge concerned.

d) Order change of venue or place of trial, to avoid miscarriage of justice. See People v. Gutierrez, 39 SCRA 173.

e) Rule Making Power: Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to
the underprivileged.

f) Power of Appointment: The Supreme Court appoints all officials and employees of the Judiciary in accordance with
the Civil Service Law [Sec. 5 (6), Art. VIII]..

g) Power of Administrative Supervision: The Supreme Court shall have administrative supervision over all courts
and the personnel thereof [Sec. 6, Art. VIII].

h) Annual Report: Supreme Court to submit, within 30 days from the opening of each regular session of Congress, to
the President and to Congress an annual report on the operations and activities of the Judiciary [Sec. 16, Art. VIII].
F. Tenure of Judges/Justices.
1. Supreme Court: Justices may be removed only by impeachment Sec 2, Art. XI]
2. Lower Courts: Judges shall hold office during good behavior until they reach the age of seventy years or
become incapacitated to discharge the duties of their office [Sec. 11, Art. VIII],

G. Salaries.
Tixed by law; may not be decreased during their continuance in office. In Nitafan v. Tan, 152 SCRA 284, it
was held that imposition of income tax on salaries of judges does not violate the constitutional prohibition
against decrease in salaries.

H. Periods for Decision [Sec. 15, Art. VIII].

1. All cases filed after the effectivity of the Constitution must be decided or resolved, from date of submission, within:
24 months - Supreme Court;
12 months - lower collegiate courts; and
3 months - all other lower courts;
*Unless, in the two latter cases, the period is reduced by the Supreme Court.

CONSTITUTIONAL COMMISSIONS
A. General Provisions.
1. The independent constitutional commissions are the: [Sec. 1, Art. IX-A].
a. Civil Service Commission
b. Commission on Elections
c. Commission on Audit
2. Safeguards insuring the independence of the Commissions:
a) They are constitutionally created; may not be abolished by statute.
b) Each is expressly described as “independent”.
c) Each is conferred certain powers and functions which cannot be reduced by statute.
d) The Chairmen and members cannot be removed except by impeachment.
e) The Chairmen and members are given a fairly long term of office of seven years.
f) The Chairmen and members may not be reappointed or appointed in an acting capacity
g) The salaries of the chairman and members are relatively high and may not be decreased during continuance
in office.
h) The Commissions enjoy fiscal autonomy.
r) Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify
substantive rights [though subject to disapproval by the Supreme Court],
j) The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity.
k) The Commissions may appoint their own officials and employees in accordance with Civil Service Law.

3. Inhibitions/Disqualifications
a) Shall not, during tenure, hold any other office or employment.
b) Shall not engage in the practice of any profession.
c) Shall not engage in the active management or control of any business which in any way may be affected by the
functions of his office.
d) Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
4. Rotational Scheme of Appointments. The first appointees shall serve terms of seven, five and three years,
respectively. After the first are appointed, the rotational scheme is intended to prevent the possibility of one President
appointing all the Commissioners.

5. Decisions.
a) Each Commission shall decide by a majority vote of all its members any case or matter brought before it within sixty
days from the date of its submission for decision or resolution. [Sec. 7, Art. IX-A],
b) Any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within 30 days from receipt of a copy thereof.

The Civil Service Commission

Composition: A Chairman and two Commissioners, who shall be:
1. natural-born citizens of the Philippines and,
2. at the time of their appointment, at least 35 years of age,
3. with proven capacity for public administration, and
4. must not have been candidates for any elective position in the election immediately preceding their
appointment.
They shall be appointed by the President with the consent of the Commission on Appointments for a term of seven
[7] years without reappointment. In no case shall any member be appointed or designated in a temporary or acting
capacity.
Constitutional Objectives/Functions: As the central personnel agency of the Government, to establish a career
service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in
the civil service. To strengthen the merit and rewards system, integrate all human resources development programs for
all levels and ranks, and to institutionalize a management climate conducive to public accountability.

3. Scope of the Civil Service: Embraces all branches, subdivisions, instrumentalities and agencies of the
Government, including government- owned and controlled corporations with original charters [Sec. 2(1), Art. IX-B].

4. Classes of Service:
a) Career Service. Characterized by entrance based on merit and fitness to be determined, as far as practicable by
competitive examinations, or based on highly technical qualifications; opportunity for advancement to higher career
positions; and security of tenure.
The positions included in the career service are:
(i) Open career positions, where prior qualification in an appropriate examination is required;
(ii) Closed career positions, e.g., scientific or highly technical in nature;
(iii) Career Executive Service, e.g., undersecretaries, bureau directors, etc.;
(iv) Career Officers (other than those belonging to the Career Executive Service) who are appointed by the President,
e.g., those in the foreign office;
(v) Positions in the Armed Forces of the Philippines, although governed by a separate merit system;
(vi) Personnel of government-owned or controlled corporations with original charters;
(vii) Permanent laborers, whether skilled, semi-skilled or unskilled.

The two requisites that must concur in order that an employee in the career executive service may attain security
of tenure are:
[1] career executive service eligibility; and
[2] appointment to the appropriate career executive service rank

5. Appointments in the Civil Service: made only according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy determining, primarily confidential or highly technical, by
competitive examination [Sec. 2(2), Art. IX-B],
Exempt from the competitive examination requirement [to determine merit and fitness] are positions which are:
i) Policy determining: where the officer lays down principal or fundamental guidelines or rules; or formulates a method
of action for government or any of its subdivisions. E.g., department head.

ii) Primarily confidential: denoting not only confidence in the aptitude of the appointee for the duties of the office but
primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or
betrayals on confidential matters of state [De los Santos v. Mallare, 87 Phil 289]; or one declared to be so by the
President of the Philippines upon recommendation of the Civil Service Commission

6. Disqualifications:
a) No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the
Government or any government owned or controlled corporation or in any of their subsidiaries [Sec. 6, Art. IX-B].

b) No elective official shall be eligible for appointment or designation in any capacity to any public office or position
during his tenure [Sec 7(1) Art IXB].

c) Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other
office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries [Sec 7(2) Art. IXB],

7. Security of Tenure. No officer or employee of the civil service shall be removed or suspended except for cause
provided by law [Sec. 2(3), Art. IX-B].

8. Partisan Political Activity. No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign [Sec. 2(4), Art. IX-B],

9. Right to Self-Organization. The right to self-organization shall not be denied to government employees [Sec. 2(5),
Art. IX-B],

10. Protection to Temporary Employees. “Temporary employees of the Government shall be given such protection
as may be provided by law” [Sec. 2(6), Art. IX-B].

11. Standardization of Compensation. “The Congress shall provide for the standardization of compensation of
government officials and employees, including those in government-owned or controlled corporations with original
charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their
positions” [Sec. 5, Art. IX-B].

12. Double Compensation. “No elective or appointive public officer or employee shall receive additional, double or
indirect compensation, unless specifically authorized by law, nor accept without the consent of Congress, any present,
emoluments, office or title of any kind from any foreign government. Pensions and gratuities shall not be considered as
additional, double or indirect compensation” [Sec. 8, Art. IX-B].

13. Oath of Allegiance. “All public officers and employees shall take an oath or affirmation to uphold and defend this
Constitution” [Sec. 14, Art. IX-B], Relate this to Sec. 18, Art. XI, which provides that public officers and employees owe
the State and this Constitution allegiance at all times.

C. The Commission on Elections.

1. Composition; En Banc and Division Cases.
a) Composition: A Chairman and six [6] Commissioners
1. who shall be natural born Filipino citizens,
2. at least 35 years of age,
3. holders of a college degree, and
4. have not been candidates in the immediately preceding election.
Majority, including the Chairman, must be members of the Philippine Bar who have been engaged in the
practice of law for at least ten (10) years. [Sec. 1, Art. IX-C]. They shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven [7] years without reappointment. No member
shall be appointed or designated in a temporary or acting capacity.

b) En banc and division cases. “It may sit en banc or in two divisions, and shall promulgate its rules of procedure in
order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall
be heard and decided in division, provided that motions for reconsideration of decisions shall be decided en
banc” [Sec. 3, Art. IX-C]

c) The Comelec en banc shall promulgate rules concerning pleadings and practice before it or before any of its
offices, but they must not diminish, increase or modify substantive rights [Sec. 6, Art. IX-A],

2. Constitutional powers and functions [Sec. 2, Art. IX-C],

a) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum or recall.
b) Exclusive original jurisdiction over all contests relating to the election, returns and qualifications of all
elective regional, provincial and city officials. Exclusive appellate jurisdiction over all contests involving elective
municipal officials decided bv the RTC. or involving elective barangav officials decided bv the MTC. and decisions
therein shall be final, executory and unappealable.
c) Decide, save those involving the right to vote, all questions affecting elections, including determination of the
number and location of polling places. appointment of election officials and inspectors, and registration of voters.
d) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities for the
exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections.
e) Register, after sufficient publication, political parties, organizations or coalitions which must present their
platform or program of government: accredit citizens’ arms.

f.) File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of voters:
investigate and, where appropriate, prosecute cases of violations of election law.

g) Recommend to Congress effective measures to minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses,
malpractice, and nuisance candidates.

h) Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite,
initiative, referendum or recall.

3. Statutory Powers of the Comelec

to exercise supervision and control over officials required to perform duties relative to the conduct of elections,
promulgate rules and regulations, punish contempt, inquire into financial records of candidates, groups, etc., prescribe
forms to be used in elections, procure supplies and materials needed for the election, enlist nonpartisan groups to
assist it, fix periods for pre-election requirements, etc.

4. Party System. A free and open party system shall be allowed to evolve according to the free choice of the people
[Sec. 6, Art. IX-C].

5. Election Period. Unless otherwise fixed by the Commission in special cases, the election period shall commence
ninety days before the day of the election and shall end thirty days thereafter [Sec. 9, Art. IX-C],

6. Judicial Review of Comelec Decisions. A petition for certiorari under Rule 65 of the Rules of Court, filed with the
Supreme Court within 30 days from receipt of a copy of final order, ruling or decision of the Commission en
banc.

The Commission on Audit

Composition/Appointment: A Chairman and two Commissioners, who shall be:
1. natural born Filipino citizens,
2. at least 35 years of age,
3. CPAs with not less than 10 years of auditing experience or members of the Philippine Bar with at least
10 years practice of law,
4. and must not have been candidates in the election immediately preceding the appointment.
At no time shall all members belong to the same profession [Sec. 1(1), Art. IX-D]. They shall be appointed by the
President with the consent of the Commission on Appointments for a term of seven years without
reappointment [Sec. 1(2), Art. IX-D].

Powers and Duties [Sec. 2, Art. IX-D],

a) Examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of
funds and property owned or held in trust or pertaining to, the Government.
b) Keep the general accounts of Government, and preserve vouchers and supporting papers for such period as
provided by law.

c) Authority to define the scope of its audit and examination, establish techniques and methods required
therefor. In Development Bank of the Philippines v. Commission on Audit, G.R. No. 88435, January 15, 2002, the
Supreme Court said that the power of the Commission to define the scope of its audit and to promulgate auditing rules
and regulations and the power to disallow unnecessary expenditures, is exclusive, but its power to examine and audit
is not exclusive.

d) Promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance
of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or uses of government funds or
property.

Jurisdiction of the Commission.

No law shall be passed exempting any entity of Government, or any investment of public funds, from
the jurisdiction of the Commission on Audit [Sec. 3, Art. IX-D],

The Commission shall submit to the President and the Congress, within the time fixed by law, an annual
report covering the financial condition and operation of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its
audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other
reports as may be required by law. [Sec.4, Art XI-D]
 Local Government
SECTION 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.

 The local government unit is autonomous in a sense that it is given more powers, authority, responsibilities and
resources.
 Besides Cordilleras and Muslim Mindanao as autonomous regions, Congress is prohibited from creating another
autonomous region unless the constitution will be amended.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

Local governments: political subdivision of a nation or state, which is constituted by law and has substantial control of
local affairs

SECTION 3. The Congress shall enact a local government code which shall provide for a more responsive
and accountable local government structure instituted through a system of decentralization with effective mechanisms
of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities,
and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other matters relating to the organization and operation of the local units.

SECTION 4. The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect
to component barangays shall ensure that the acts of their component units are within the scope of their prescribed
powers and functions.

SECTION 5. Each local government unit shall have the power to create its own sources of revenues and to
levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with
the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

SECTION 6. Local government units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them.

SECTION 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization
and development of the national wealth within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits.

SECTION 8. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.

SECTION 9. Legislative bodies of local governments shall have sectoral representation as may be
prescribed by law.

SECTION 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance with the criteria established in the Local Government Code and
subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

SECTION 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy
and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan
authority that will hereby be created shall be limited to basic services requiring coordination.

SECTION 12. Cities that are highly urbanized, as determined by law, and component cities whose charters
prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of
component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to
vote for elective provincial officials.

SECTION 13. Local government units may group themselves, consolidate or coordinate their efforts, services,
and resources for purposes commonly beneficial to them in accordance with law.

SECTION 14. The President shall provide for regional development councils or other similar bodies
composed of local government officials, regional heads of departments and other government offices, and
representatives from non-governmental organizations within the regions for purposes of administrative decentralization
to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of
the units in the region.
Autonomous Region

SECTION 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

SECTION 16. The President shall exercise general supervision over autonomous regions to ensure that
the laws are faithfully executed.

SECTION 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in the National Government.

SECTION 18. The Congress shall enact an organic act for each autonomous region with the assistance
and participation of the regional consultative commission composed of representatives appointed by the President
from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government
for the region consisting of the executive department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.
The creation of the autonomous region shall be effective when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting
favorably in such plebiscite shall be included in the autonomous region.

SECTION 19. The first Congress elected under this Constitution shall, within eighteen months from the time
of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the
Cordilleras.

SECTION 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national
laws, the organic act of autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage;
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the
region.

SECTION 21. The preservation of peace and order within the regions shall be the responsibility of the local
police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws.
The defense and security of the regions shall be the responsibility of the National Government.

Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be accountable to
the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and
lead modest lives.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction
of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal
of public trust. All other public officers and employees may be removed from office as provided by law, but not by
impeachment.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives
or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of
Business within ten session days, and referred to the proper Committee within three session days thereafter. The
Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty
session days from such referral, together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of
each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith
proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief
Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of
two-thirds of all the Members of the Senate.
 (7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless
be liable and subject to prosecution, trial, and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this
section.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.

Composition: Under P. D. 1606, it is composed of a Presiding Justice and Eight Associate Justices, with the rank
of Justice of the Court of Appeals. It sits in three [3] divisions of three members each.

Decisions/Review. The unanimous vote of all the three members shall be required for the pronouncement of judgment
by a division. Decisions of the Sandiganbayan shall be reviewable by the Supreme Court on a petition for certiorari.

SECTION 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas,
and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

SECTION 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman according to the Civil Service Law.

SECTION 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It
shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred
on the Office of the Ombudsman created under this Constitution.

SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and independence, and members of the
Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of
Article IX-A of this Constitution.

SECTION 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least
six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy
thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after
they occur.
SECTION 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary, which shall not be
decreased during their term of office.

SECTION 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation
from office.

SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints
filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify
the complainants of the action taken and the result thereof.

SECTION 13. The Office of the Ombudsman shall have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter,
to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.
(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend
his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for
appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities,
and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and
make recommendations for their elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be
provided by law.
 SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations
shall be automatically and regularly released.

SECTION 15. The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

SECTION 16. No loan, guaranty, or other form of financial accommodation for any business purpose may
be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President,
the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.

SECTION 17. A public officer or employee shall, upon assumption of office and as often thereafter as may
be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration
shall be disclosed to the public in the manner provided by law.

SECTION 18. Public officers and employees owe the State and this Constitution allegiance at all times,
and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of
another country during his tenure shall be dealt with by law.

NATIONAL ECONOMY AND PATRIMONY

A. GOALS [Sec. 1, Art. XII].
1. More equitable distribution of opportunities, income and wealth.
2. Sustained increase in amount of goods and services produced by the nation for the benefit of the people.
3. Expanding production as the key to raising the quality of life for all, especially the underprivileged.

B. NATURAL RESOURCES
1. The Regalian Doctrine [Jura Regalia]. “The universal feudal theory that all lands were held from the Crown”
But in 1987 Constitution, ownership is vested in the State as such rather than in the head thereof.

2. Imperium and Dominium. In public law, there exists the well-known distinction between government authority
possessed by the State which is appropriately embraced in sovereignty, and its capacity to own or acquire property.

3. Citizenship Requirements.
a) Co-production, joint venture or production sharing agreements [for exploration, development and utilization of
natural resources]: Filipino citizens or corporations or associations at least 60% of whose capital is Filipino owned.
Agreements shall not exceed a period of 25 years, renewable for another 25 years [Sec. 2, Art. XII].
b) Use and enjoyment of the nation’s marine wealth in its archipelagic waters, territorial sea and exclusive
economic zone [P.D. 1599 (June 11, 1978); UN Convention on the Law of the Sea (ratified by RP in August, 1983)]:
Exclusively for Filipino citizens [Sec. 2, Art. XII].
c) Alienable lands of the public domain [which shall be limited to agricultural lands]: Only Filipino citizens may
acquire not more than 12 hectares by purchase, homestead or grant; or lease not more than 500 hectares.
Private corporations may lease not more than 1,000 hectares for 25 years, renewable for another 25 years.
d) Certain areas of investment [as Congress shall provide when the national interest so dictates]: Reserved for
Filipino citizens or corporations 60% of whose capital is Filipino owned, although Congress may prescribe a
higher percentage of Filipino ownership [Sec. 10, Art. XII].

e) Franchise, certificate or any other form of authorization for the operation of a public utility: Only to citizens of
the Philippines, or corporations at least 60% of whose capital is Filipino-owned [Sec. 11, Art. XII].

Classification of Lands of the Public Domain.

Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national
parks. Agricultural lands may further be classified by law according to the uses to which they may be devoted, x x x
Taking into account the requirements of conservation, ecology and development, and subject to the requirements
of agrarian reform, Congress shall determine, by law, the size lands of the public domain which may be acquired,
developed, held or leased and the conditions therefor [Sec. 3, Art. XII].

a) Alienable lands of the public domain shall be limited to agricultural lands.

b) Private corporations or associations may not hold such alienable lands of the public domain except by lease
c) Congress shall determine the specific limits of forest lands and national parks, marking clearly their
boundaries on the ground [Sec. 5, Art. XII]].
d) The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social and cultural well being [Sec. 5, Art. XII].

The Stewardship Concept.

 The use of property bears a social function and all economic agents shall contribute to the common good.
Individuals and private groups, including corporations, cooperatives and similar collective organizations, shall have the
right to own, establish and operate economic enterprises, subject to the duty of the State to promote distributive
justice and to intervene when the common good so demands [Sec. 6, Art. XII]

C. PRIVATE LANDS.
1. Rule: Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to
individuals, corporations or associations qualified to acquire or hold lands of the public domain [Sec. 7, Art. XII].

2. Exceptions to the rule:

a) Hereditary Succession. This does not apply to testamentary dispositions
b) A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private
lands, subject to limitations provided by law [Sec. 8, Art. XII].
c) Americans hold valid title to private lands as against private persons.

Remedies to recover private land from disqualified alien:

a) Escheat proceedings.
b) Action for reversion under the Public Land Act
c.) An action for recovery filed by the former Filipino owner, the pari delicto doctrine having been abandoned,
unless the land is sold to an American citizen prior to July 3, 1974 and the American citizen obtained title thereto.

D. Preference for Filipino Labor, etc..

The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods,
and adopt measures that help make them competitive [Sec. 12, Art. XII].

E. Practice of Profession.
The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed
by law [Sec. 14, Art. XII].

F. Cooperatives.
The Congress shall create an agency to promote the viability and growth of cooperatives as instruments
for social justice and economic development [Sec. 15, Art. XII].

G. Monopolies.
1. Policy: The State shall regulate or prohibit monopolies when the public interest so requires. No combinations
in restraint of trade or unfair competition shall be allowed [Sec. 19, Art. XII].

H. Central Monetary Authority.

The Congress shall establish an independent central monetary authority, the members of whose governing
board must be natural born Filipino citizens, of known probity, integrity and patriotism, the majority of whom shall
come from the private sector, x x x The authority shall provide policy direction in the areas of money, banking and
credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other institutions performing similar functions, x x x Until
Congress otherwise provides, the Central Bank of the Philippines, operating under existing laws, shall function as
the central monetary authority [Sec. 20, Art. XII].

SOCIAL JUSTICE AND HUMAN RIGHTS

A. Policy Statement.
The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce social, economic and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political power for the common good. To
this end, the State shall regulate the acquisition, ownership, use and disposition of property and its
increments [Sec. 1, Art. XIII]. The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance [Sec 2, Art. XIII].

B. Labor.
The State shall afford full protection to labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all
workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities,
including the right to strike in accordance with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law. The State shall promote the principle of
shared responsibility between the workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster
industrial peace. The State shall regulate the relations between workers and employers, recognizing the
right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on
investments, and to expansion and growth [Sec. 3, Art. XIII],

C. Agrarian and Natural Resources Reform.

SECTION 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in
the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall
encourage and undertake the just distribution of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental,
or equity considerations, and subject to the payment of just compensation. In determining retention limits,
the State shall respect the right of small landowners. The State shall further provide incentives for voluntary
land-sharing.

SECTION 5. The State shall recognize the right of farmers, farmworkers, and landowners, as
well as cooperatives, and other independent farmers’ organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing, and other support
services.

SECTION 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources, including lands
of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be
distributed to them in the manner provided by law.

SECTION 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of local marine and fishing resources, both inland and offshore. It shall
provide support to such fishermen through appropriate technology and research, adequate financial,
production, and marketing assistance, and other services. The State shall also protect, develop, and
conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen
against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine
and fishing resources.

SECTION 8. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and privatization of public
sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in
enterprises of their choice.

D. Urban Land and Housing Reform.

“The State shall, by law, and for the common good, undertake, in cooperation with the private sector,
a continuing program of urban land reform and housing which will make available at affordable cost decent
housing and basic services to underprivileged and homeless citizens in urban centers and resettlement
areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of
such programs the State shall respect the rights of small property owners” [Sec. 9, Art. XU],
“Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in
accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them and the communities where they are to be located”
[Sec. 10, Art. XIII].

E. Health

SECTION 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services available to
all the people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly,
disabled, women, and children. The State shall endeavor to provide free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug regulatory
system and undertake appropriate health manpower development and research, responsive to the
country’s health needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation, self-
development and self-reliance, and their integration into the mainstream of society.

F. Women
 SECTION 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation.

G. People’s Organizations.
SECTION 15. The State shall respect the role of independent people’s organizations to enable the people
to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations
through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.

SECTION 16. The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not be abridged. The
State shall, by law, facilitate the establishment of adequate consultation mechanisms.

H. Human Rights

SECTION 17. (1) There is hereby created an independent office called the Commission on
Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and
other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall
continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.

SECTION 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil
and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on human
rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any investigation
conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 19. The Congress may provide for other cases of violations of human rights that should fall within
the authority of the Commission, taking into account its recommendations.
 EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS
A. State Policy: The State shall give priority to education, science and technology, arts, culture
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development [Sec. 17, Art. II].

1. Sec. 1, Art. XIV: The State shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.

2. Constitutional mandate for the State to establish adequate and relevant education, free public
elementary and high school education, scholarship grants and loan programs, out-of-school study
programs, and adult education. Read Sec. 2, Art. XIV.

3. Constitutional objectives of education: Inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in the historical development of the
country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge, and promote vocational efficiency [Sec. 3 (2), Art. XIV].

4. Optional religious instruction. Option expressed in writing by parent or guardian; public elementary
and high schools; within regular class hours; by instructors designated or approved by religious authorities;
without additional cost to the Government [Sec. 3(3), Art. XIV]

5. Educational Institutions.
a) Ownership. Solely by Filipino citizens or corporations 60% Filipino- owned, EXCEPT those
established by religious groups or mission boards, but Congress may increase required Filipino equity
participation [Sec. 4(2), Art. XIV],

b) Control and administration. Vested in citizens of the Philippines [id.].

c) Alien schools. No educational institution shall be established exclusively for aliens, and no group
of aliens shall comprise more than 1/3 of the enrolment in any school, EXCEPT schools for foreign
diplomatic personnel and their dependents, and for other foreign temporary residents [id.].

d) Tax exemptions. All revenue and assets of non-stock, nonprofit educational institution --- as well
as all grants, endowments, donations and contributions — used actually, directly and exclusively for
educational purposes, shall be exempt from taxes and duties [Sec. 4(3), Art. XIV].

6. Highest budgetary priority to education [Sec. 5, Art. XIV]. This provision has been construed to be
merely directory; it does not follow that the hands of Congress be so hamstrung as to deprive it of the power
to respond to the imperatives of national interest and the attainment of other state policies and objectives

B. Academic Freedom.
Academic freedom shall be enjoyed in all institutions of higher learning [Sec. 5(2), Art. XIV].
Colleges, publicly- or privately-owned, if they offer collegiate courses, enjoy academic freedom.

1. Two Views:
a) From the standpoint of the educational institution: The freedom of the university to determine “who
may teach; what may be taught, how it shall be taught; and who may be admitted to study”

b) From the standpoint of the members of the academe: The freedom of the teacher or research
worker in higher institutions of learning to investigate and discuss the problems of his science and to
express his conclusions, whether through publication or in the instruction of students, without
interference from political or ecclesiastical authority, or from the administrative officials of the
institution in which he is employed, UNLESS his methods are found by qualified bodies of his own
profession to be completely incompetent or contrary to professional ethics [Frank Lovejoy,
Encyclopedia of Social Science, p. 384].

2. Limitations:
a) The dominant police power of the State; and
b) The social interests of the community.
C. Language.
1. The national language of the Philippines is Filipino.
2. For purposes of communication and instruction, the official languages are Filipino and, until otherwise
provided by law, English.
3. The regional languages are the auxiliary official languages in the regions and shall serve as ancillary
media of instruction therein.
4. Spanish and Arabic shall be promoted on a voluntary and optional basis.
5. The Constitution shall be promulgated in Filipino and English and shall be translated into major regional
languages, Arabic and Spanish.

FAMILY
SECTION 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total development.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State.

SECTION 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of
responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies
and programs that affect them.

SECTION 4. The family has the duty to care for its elderly members but the State may also do so through
just programs of social security.

GENERAL PROVISIONS
A. Flag. “The flag of the Philippines shall be red, white and blue, with a sun and three stars, as consecrated
and honoured by the people and recognized by law” [Sec. 1, Art. XVI].

B. Name. “The Congress may, by law, adopt a new name for the country, a national anthem, or a
national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the
people. Such law shall take effect only upon its ratification by the people in a national referendum” [Sec. 2,
Art. XVI].

C. Armed Forces of the Philippines. “The Armed Forces of the Philippines shall be composed of a
citizen armed force which shall undergo military training and serve, as may be provided by law [Sec. 4, Art.
XVI].
1. All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution
[Sec. 5(1}, Art. XVI],
2. Professionalism in the armed forces and adequate remuneration and benefits of its members shall be
a prime concern of the State. The armed forces shall be insulated from partisan politics. No member of
the military shall engage directly or indirectly in any partisan political activity, except to vote [Sec. 5(3), Art.
XVI].
3. No member of the armed forces in the active service shall, at any time, be appointed or designated
in any capacity to any civilian position in the Government, including government-owned or controlled
corporations or any of their subsidiaries [Sec. 5(4), Art. XVI].

4. Laws on retirement of military officers shall not allow extension of their services [Sec. 5(5), Art. XVI].

5. The officers and men of the regular force of the armed forces shall be recruited proportionately from
all provinces and cities as far as practicable [Sec. 5(6), Art. XVI].

D. National Police Force. “The State shall establish and maintain one police force, which shall be
national in scope and civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their jurisdiction shall be provided by
law” [Sec. 6, Art. XVI].

E. Mass Media and Advertising Industry.

1. Mass media. Ownership shall be limited to citizens of the Philippines, or corporations wholly-owned
and managed by such citizens. Congress shall regulate or prohibit monopolies in commercial mass media.
[Sec. 11(1) Art XVI].
2. Advertising industry. Only Filipino citizens or corporations or associations at least 70% Filipino-
owned shall be allowed to engage in the advertising industry. All executives and managing officers of
such entities must be citizens of the Philippines [Sec. 11(2), Art. XVI].

A. Elections.
1. First elections under this Constitution of members of Congress shall be held on the second Monday of
May, 1987. First local elections shall be held on a date to be determined by the President [Sec. 1, Art.
XVIII].
2. Synchronization of elections. The members of Congress and the local officials first elected shall
serve until noon of June 30,1992 [Sec. 2, Art. XVIII], The six year term of the incumbent President and
Vice President elected in the February 7, 1986 elections is extended until noon of June 30, 1992 [Sec. 5,
Art. XVIII].

B. Existing Laws and Treaties.

1. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other
executive issuances not inconsistent with the Constitution shall remain operative until amended,
repealed or revoked [Sec. 3, Art. XVIII].
2. All existing treaties or international agreements which have not been ratified shall not be renewed or
extended without the concurrence of at least 2/3 of all the members of the Senate [Sec. 4, Art. XVIII].

C. Reserved Executive Powers.

1. Until a law is passed, the President may fill by appointment from a list of nominees by the respective
sectors, the seats reserved for sectoral representatives in par. (1), Sec. 5, Art. VI [Sec. 7, Art. XVIII].
2. Until otherwise provided by Congress, the President may constitute the Metropolitan Authority to be
composed of the heads of all local government units comprising the Metropolitan Manila Area [Sec. 8, Art.
XVIII].

D. Career Civil Service.

1. Career civil service employees separated from the service not for cause but as a result of the
reorganization pursuant to Proclamation No. 3 dated March 25, 1986, and the reorganization following the
ratification of the Constitution shall be entitled to appropriate separation pay, and to retirement and
other benefits accruing to them under the laws of general application in force at the time of their
separation [Sec. 16, Art. XVIII],

E. Sequestration.
1. Authority to issue sequestration or freeze orders relative to the recovery of ill-gotten wealth shall remain
operative for not more than 18 months after the ratification of this Constitution. However, Congress may
extend such period.
 XVII. Amendments or Revisions
SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered voters therein.
No amendment under this section shall be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

SECTION 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of calling
such a convention.

SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor
later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of the petition.