PREAMBLE

- derived from the Latin word ÒpreambulareÓ, w/c means Òto walk beforeÓ. It is aprologue or
introduction of the Constitution.

ARTICLE I: NATIONAL TERRITORY Archipelago

- From Greek word pelagos, meaning Sea or Part of a sea studded with islands. It includes both
sea and land which geographically may be considered as an independent whole. Philippines
territory consist of its Terrestrial, Fluvial and Aerial Domains
Territorial Sea
- Part of the sea extending 12 nautical miles (19kms) from the low watermark. Also known as
Marginal Sea, Marine belt.
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The seabed (sea ßoor or sea bottom)
- Land that holds the sea, lying beyond the sea shore, including mineral and natural resources.
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Subsoil
- refers to everything beneath the surface soil and the seabed including mineral and natural
resources.
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Insular Shelves
- Submerged portion of a continent or offshore island, which slope gently seaward.
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICY Section I:
The Philippine is a democratic and Republican State.
Republican Government
- Democratic government by representatives chosen by the people at large
Manifestation of a Democratic and Republican State
1. Existence of Bill of Rights (Atria) 2.Observance of the rule of Majority3.Observance of the
principles that ours is a government of laws and not of men.4.Presence of election through
popular will.5.Observance of the principles of separation of powers and the system of checks and
balances.6.Observance of the principles that the legislature cannot pass irreparable
laws7.Observance on the law on public ofÞcers8.Observance of the principles that the State
cannot be sued without its consent
Sovereignty
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Implies the supreme authority to govern
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Can be exercised directly through public officials
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Can be exercised indirectly through suffrage
Right of People to Revolt
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People as the ultimate judges of their destiny, can resort to revolution as a matter of right.
Section 2:
The Philippines renounces war as an instrument of national policy
International Laws
- refers to the body of rules and principles w/c governs the relations of nations and their
respective people in their intercourse with one another.
Section 3:
Civilian authority is, at all times, supreme over the military
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Armed Forces of the Philippines
- Protector of the people and the State. The goal is to secure the sovereignty of the State and the
integrity of the national territory
Supremacy of Civilian Authority over the Military
1. Inherent in a republican system - the idea of the supremacy of civilian authority. The highest
of such authority being the President2.Safeguard against military dictatorship - a civilian,
the President is the commander in chief of alarmed forces of the Philippines
Section 4:
The prime duty of the Government is to serve and protect the people.
Military and Civil Defence by the People
1. Defence of State performed by the people - the duty of the government and the people to
defend the State, cannot be performed except through an army.2.Compulsory - citizen may be compelled
to render personal military or civil service .3.Civil Service - refers to any service for the defines
of the State other than as soldiers, like as workers in ammunition factories4.Personal - one cannot
render the service required through another. The service must beÒpersonalÓ.5.By Law - the phrase Ò
under conditions provided by law is intended to prevent arbitrariness on the part of
certain officials to require military or civil service.
Role of women in nation building
1. Proven capabilities of Filipino women2.Expansion of women’s role3.Equality of men before the
law
Equal access to opportunities for public service
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Limitation of term of office
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Prohibition of political dynasties
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Prohibition constitutionally mandated
Section 5:
The maintenance of peace and order, the protection of life, liberty, and property.
Section 6:
The separation of Church and State shall be inviolable.
Section 7:
The State shall pursue an independent foreign policy. Foreign Policy

- is the basic direction underlying the conduct by a state of its affairs vies-ˆ-vies those of other
States.
Section 8:
Freedom from nuclear weapons in its territory.
Section 9:
The State shall promote a just and dynamic social order.
Section 10:
 The State shall promote social justice. Social Justice - state must give preferential attention to
the welfare of the less fortunate members of the community.
Section 11:
The State values the dignity and guarantees full respect for human rights.
Section 12:
The State recognizes the sanctity of family life. Family - as the basic autonomous social
institution
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Right to life of the unborn from conception and of the mother.
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Rearing of the youth for civic efficiency and development of moral character1.duty both of
parents and government2.right of State to interfere with education of children3.power of state to
regulate all schools4.State and parental obligation5.duty of the State to encourage educational
institutions
Section 13:
State recognize the vital role of the youth for Nation Building.
Section 14:
The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.
Role of women in nation building
1. Proven capabilities of Filipino women - history shows that our women past and present, have
ably proven their capabilities in all Gelds of human endeavors.2.Expansion of women’s role - the
constitution gives recognition to the role Filipino women have played and continue to play
as partners in the task of nation building.3.Equality of men before the law - Men and women are
fundamentally equal. As a rule, women has narrower occupational choices and have lower
earnings than men.
Section 15:
The right to health of the people and instil health consciousness among them. Health - is the
state of physical social and mental well-being rather than merely the absence of physical disease.
Section 16:
The right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature. Ecology - branch of science that deals with the study of the interrelationships of
living things and their environment
Section 17:
The State shall give priority to education, science and technology, arts, culture, and sports.
Section 18:
The State farms labour as a primary social economic force.
Section 19:
The State shall develop a self-reliant and independent national economy effectively controlled
by Filipinos.
Section 20:
The State recognizes the indispensable role of the private sector, encourages private enterprise,
and provides incentives to needed investments.
Section 21:
 The State shall promote comprehensive rural development and agrarian reform. Comprehensive
rural Development - covers all phases of rural development - economic, social, political, cultural
and industrial
Section 22:
The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development. Indigenous cultural community - refers to those
non-dominant group w/c possess and wish to preserve characteristic markedly different from the
rest of the population. Ex: Ethnic, religious and linguistic traditions
Section 23:
The State shall encourage non-governmental, community-based, or sectorial organizations that
promote the welfare of the nation.
Section 24:
The State recognizes the vital role of communication and information in nation-building.
Section 25:
The State shall ensure the autonomy of local governments.
Section 26:
The State shall guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be dined by law.
Equal access to opportunities for public service
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Limitation of the term - enhance equal access to political opportunities
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Prohibition of political dynasties - expresses a national commitment to democratize elections and
appointment to positions in the government
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Prohibition constitutionally mandated
Section 27:
The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Section 28:
Subject to reasonable conditions prescribed by law, the State adopts and implements policy of
full public disclosure of all its transactions involving public interest.
ARTICLE III: BILL OF RIGHTS Bill of rights
- may be dined as a declaration and enumeration of a person’s right and privileges which the
constitution designed to protect against violations by the government or by an individual or
groups of individuals. Example: right to receive a minimum wage and the right to adopt a child
by an unrelated person.
Classes of Rights
1.Natural Rights - Rights possess by every citizen without being granted by the state for the are
given to man by God as human being created to his image.2.Constitutional Rights - Rights which
are conferred by the constitution.3.Statutory Rights - Rights which are provided by laws by the
law making body and consequently maybe abolish by the same body.
ClassiÞcation of Constitutional Rights
1. Political Rights - Gives the citizen the power to participate directly or indirectly.2.Civil Rights
- Rights which the law enforce. Includes the rights to due process and equal protection of the
law.3.Social and Economic Rights - Includes the right which are intended to insure the well-being
and economic security of the individual.4.Rights of the Accused - Civil rights intended for the
protection of the person accused of any crime. Like the right to presumption of innocence.
Due Process of Law
- A law or a policy that hears before it condemns, a principle of fair play.
Aspects of Due Process of Law
1. Procedural Due Process - refers to the method or manner by which the law
is enforced.2.Substantive Due Process - requires that the law itself not merely the procedure by
which the law would be enforced is fair, reasonable, and just.
Procedural Due Process
1. Judicial Proceedings Requisite
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An impartial court clothed by law with authority to hear and determine the matter before it
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Jurisdiction lawfully acquired over the person of the defendant or property w/c is the subject
matter of the proceedings
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Opportunity to be heard given the defendant
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Judgment to be rendered after lawful hearing2.Administrative Proceedings - notice and hearing
may be dispensed with, where because of public need or for practical reasons, the same is not
feasible.
Substantive Due Process
- Law requires that the law in question affecting life, liberty or property be valid law.
Life
- means something more than mere animal existence.
Liberty
Ð denotes merely freedom from physical restraint. It also embraces the rights of man to use his
faculties with which he has been endowed by his Creator.
Property
Ð may refer to the thing itself or the right over a thing.
Equal protection of the law
Ð signees that all persons subject to legislation should be treated alike, under like circumstances
and conditions both in the privileges conferred and liabilitiesimposedÓ.

Search warrant
Ð an order of writing issued in the name of the people of the Philippines, signed bay judge and
directed to a peace officer commanding him to search for certain personal property and bring
it before the court.
Warrant of arrest
Ð to arrest a person designated and to take him into custody in order that he may be bound to
answer for the commission of an offense.
Scope of the Protection:
1. Persons - the protection applies to everybody.2.Houses - the protection is not limited to
dwelling houses but extends to a garage, warehouse, shop, store, office, and even a safety deposit
vault. Does not extent to open spaces and Þeldsbelonging to one.3.Papers and effects - include
sealed letters and packages in the mail which may be opened and examined only in pursuance of
a valid search warrant.
Requisites for valid search warrant or warrant of arrest
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Must be issued upon probable cause
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Probable cause must be determined personally by the judge himself
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Such determination of the existence of probable cause must be made after examination by the
judge of the complainant and the witnesses he may produce
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Must be particularly describe the place to be search and the person or things to be seized.
Probable cause
- Such facts and circumstances antecedent to the issuance of the warrant suffix
Kinetin themselves to induce a cautious man to rely upon them and act in pursuance thereof.
When search and seizure may be made without warrant
1.Where there is consent and waiver.2.Where such is an incident to a lawful arrest3.In the case of
contraband or forfeited goods being transported by ship, automobile, or other vehicle, where the
officer making it has reasonable cause for believing that the latter containsthem.4.Where without
a search, the possession of the articles prohibited by law is disclosed to Plainview or is open to eye
and hand.5.As an incident of inspection, supervision and regulation in the exercise of police
power.6.Routinary searches usually made at the border or at ports of entry in the interest of
national security.
When Arrest may be made without warrant:
1. When in his presence, the person to be arrested has committed or attempting to commit
anoffense.2.When an offense has in fact just been committed and he has personal knowledge of
facts indicating that the person to be arrested has committed it.3.When the person to be arrested
is a prisoner who has escaped from a penal establishment or place where he is serving
Nil judgment, or has escaped while being transferred to oneconÞnement to another.
Section 3:
Right of privacy Ð right to be left alone
Section 4:
No law shall be passed abridging the freedom of speech, of expression, or of the press Meaning
of Freedom of speech, expression and of the press Also known as freedom of expression, implies
the right to freely utter and publish whatever one pleases without previous restraint, and to be
protected against any responsibility for so doing as long as it does not violate the law. It also
includes the right to circulate what is published.
Scope of terms of Speech, expression and press
1. Speech and expression includes any form of oral utterances2.Press covers every sort
of publication. Radio and television as instrument of mass communication is included within the
term.
Freedom of expression not Absolute
1.Subject to regulation by the State - it is always subject to some regulation by the State in order
that it may not be injurious to the right of the community or society.2.Subject one to liability
when abused - the following may be penalized:
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Anyone who Slanders or Libels
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Lewd and obscene speech
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Fighting words
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Seditious speeches
Right of Assembly and Right of Petition
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Right of Assembly - the right on the part of the citizens to meet peaceably for consultation in
respect to public affairs.
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Right of Petition - right of any person or group of persons to apply, without fear of penalty to the
appropriate branch or office of the government for redress of grievances.
Section 5:
No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. Religious Freedom - right of man to worship God, and to entertain such religious views as
appeal this individual conscience without dictation or interference by any person or power, civil
orecclesiastical.Religion - includes all forms of belief in the existence of superior beings
exercising power over human beings.
Section 6:
The liberty of abode and travel Liberty of Abode and Travel - right of a person to have his home
in whatever place chosen by him and thereafter to change it at will, and to go where he pleases
without interference from any source.
Limitations:
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Permissible interference - Except upon lawful order of the court and except in the national
security, public safety or public health according to law.
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Intervention of the court - note that under the second limitation, a court order is not necessary
person whose liberty of abode is violated may petition for a writ of habeas corpus against another
holding him in detention
Section 7:
The right of the people to information on matters of public concern shall be recognized. Writ of
Habeas Data - a judicial remedy available to any individual whose right to privacy in life, liberty,
or security is violated or threatened by an unlawful act. Purpose of Writ - by way of regulating
the processing of personal information or data about him. Gives the individual the right to ND
out what information is being kept about.
Section 8:
The right of the people, to form unions, associations, or societies not contrary to law. The right
to form an association - is the freedom to organize or to be a member of any group or
association, union or society and to adopt the rules which the members judge most appropriate to
achieve their purpose. Grants government employees to form labour unions.
Section 9:
Private property shall not be taken for public use without just compensation.
Inherent Powers of Government
Totality of governmental power, contains three great powers: 1.Power of Eminent Domain - power of the
state to take private property for public use upon paying the owner just compensation.2.Police
Power - power of the state to enact laws and regulations in relation to person and property as
may promote public health, public morals, public safety, and general welfare of the people.

3. Power of Taxation - power of the state to impose charge or burden upon persons, property, or
property rights for the use and support of the government and to enable it to discharge its
appropriate functions.
Illustrations of Police Power
1. Public health - those regulating the medical profession2.Public Morals - those punishing
vagrancy and prostitution, prohibiting gambling, etc.3.Public Safety - egg. Those requiring a
license to drive a motor vehicle4.General welfare and Convenience - those requiring compulsory
registration of lands, authorizing the removal of billboard offensive to sight, etc.
Taxes
- are enforced proportional contributions from persons and property levied by the law making
body of the State.
Section 10:
No law impairing the obligation of contracts shall be passed. Obligation of Contract - is the law
or duty which binds the parties to perform their agreement according to its terms and intent if it
is not contrary to law, morals, good customs, public order or public policy.
Section 11:
Free access to the courts and quasi-judicial bodies and adequate legal assistance.
Constitutional Rights of the Accused in Criminal Cases
1.Right to adequate legal assistance2.The right to be informed of his right to remain silent and to
have a counsel3.Right against the use of torture, force, violence, threat, intimidation, or any other
means which vitiates the free will.4.Right against being held in secret, incommunicado, or
similar forms of solitary detention.5.Right to bail and against excessive bail6.Right to due
process of law7.Right to presumption of innocence8.Right to be heard by himself and
counsel9.Right to be informed of the nature and cause of the accusation against him.10.Right to
have a speedy, impartial trial.11.Right to meet the witnesses face to face12.Right to have
compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf.13.Right against self-incrimination14.Right against detention by reason of political beliefs
and aspirations15.Right against excessive Þnes16.Right against cruel, degrading or inhuman
punishment.17.Right against indication of the death penalty except for heinous crimes18.Right
against double jeopardy.
Reasons for Constitutional Safeguards
1.A criminal case, an unequal contest - it is of necessity, unequal contest because the parties are
of unequal strength.2.Criminal accusations, a very serious matter-the defendant by merely being
accused may find himself in immediate trouble whether guilty or not, his reputation is at
question. The accused therefore needs every possible opportunity to defend himself3.Protection
of innocent, the underlying purpose-the purpose is to assure that truth will be discovered and that
justice will be done
Right to free access to courts and Quasi-judicial bodies
- For the protection of their persons and properties, the prevention and redress of wrongs and the
enforcements of contracts.
Right to adequate legal assistance
- The State has a duty to provide free and legal assistance to citizens when needed.
Section 12:
Right to be informed of ones rights and be free from any forms of violence, torture or force.
Rights of Person under investigation
1.to be informed of his right to remain silent2.to have competent and independent counsel
preferably of his own choice or to be provided withone3.against the use of torture, force,
violence, threat, intimidation, or any other means w/c vitiates the free will4.against being held in
secret, solitary , incommunicado, or other similar forms of detention
Section 13:
Right to bail, except those charged with reclusion Perpetua. Bail - security required by a court
and given for the provisional or temporary release of a person who is in the custody of the law.
Purpose and form of Bail:
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To relieve an accused from imprisonment until conviction
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Right to bail is granted because in all criminal prosecutions, the accused is presumed innocent.
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It may be in a form of cash deposit, property bond, and bond from Surety Company or
recognized.
Who may not invoke the right to Bail?
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Applicant is not yet in custody of the law
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Charged with capital offense or an offense punishable by reclusion Perpetua, life imprisonment
or death.
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No bail shall be allowed after the judgment has become Nil or after the accused has commenced to
serve sentence.
Capital Offense
- is an offense, which under the law existing may be punishable by reclusion Perpetua, life
imprisonment, or death.
Section 14:
No person shall be held to answer for a criminal offense without due process of law.
Right to due process of law
1. Due process in its procedural aspect - a person cannot be held to answer without due process of
law.
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The accused must be:
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Tried before a competent court (ex. Court having jurisdiction)
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Given fair and impartial trial
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Allowed to use all legal means and opportunity to defend himself
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The judgment awarded against him must be within the authority of a valid law.2.Observance of
fundamental fairness
Right to presumptions of innocence
In all criminal prosecutions, the accused is presumed innocent until the contrary is proved.
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Safeguard against false conviction - the presumption is no person shall be convicted of a crime
except upon confession or his guilt is an established proof beyond reasonable doubt.
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Requirement of proof of guilt beyond reasonable doubt - It is better to acquit a person upon the
ground of reasonable doubt even though he may, in reality be guilty, than to indict imprisonment on one who may
be innocent.
Right to be heard by himself and counsel
The Rules of Court provides:1.In all criminal prosecution, the defendant shall be entitled to
be present and defend in person and by counsel at every stage of the proceedings.2.The accused
must be present at the arraignment and must personally enter is plea
3. After a plea of not guilty, the accused is entitled to 2 days to prepare for trial unless the court.
For good cause grants him further time.4.Before arraignment, the court shall inform him of
his right to counsel and shall ask him if he desires to have one.
Arraignment
- is made in an open court by the judge or clerk, and consist in furnishing the accused of the copy
of the complaint.
Right to be informed of the cause and nature of the accusations against him:
1.SpeciÞc allegations of crimes charged - implies that the offense w/c a person is accused
of beamed known to him.2.Remedy of accused whose rights is violated - this requirement of notice
is indispensable in as much as in criminal cases not only the liberty but even the life of the
accused maybe at stake.
Right to have a speedy, impartial and public trial
1. Speedy trial - one that can be has as soon as possible, after a person is indicted and within such
time as the prosecution with reasonable diligence, could prepare for it.2.Impartial trial - absence
of actual bias in the trial of cases3.Public trial - it is not of necessity one to w/c the whole public
is admitted, but it is one open to all.
Right to confrontation of witnesses
The accused person has the right to confront witness face to face. Reasons are: 1.Cross-examination of
witness by the accused2.Assessment by the court of witness credibility
Trials in the absence of the accused
1. Conditions on Trial in the absence of the Accused:
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He has been arraigned
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He has been duly noticed of the trial
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Failure to appear is unjustiÞable2.Reason for rule - an accused cannot, by simply escaping,
thwart his prosecution and possibly eventual conviction provided only that the three conditions
above are present.
Section 15:
The privilege of the writ of habeas corpus shall not be suspended except when the public safety
requires it. Writ of habeas corpus

- Order issued by the court directed to the person detaining another, commanding him to produce
the body of the prisoner at a designated time and place. May be suspended by the president incise
only if invasion or rebellion when public safety requires it.
Purpose of the writ:
To inquire into all manner of involuntary restraint or detention as distinguished from voluntary
and to relieve a person therefrom if such restraint is found illegal. Writ - is the order from the
court requiring a person detaining another to show cause for detention Writ of Ampere - This
special writ prohibits respondents from using the defines of simple denial. Can be invoked by
the families of victims of extrajudicial killings, and enforced disappearances when the right to
life, liberty or security of a person is violated or threatened.
Section 16:
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Section 17:
No person shall be compelled to be a witness against himself. Right against Self incrimination

- No person shall be compelled to be a witness against himself which may expose him to
criminal liability
Basis:
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Public policy - because if the party is thus required to testify, He would be placed under the
strongest temptation to commit perjury.
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Humanity - prevents extortion of confession by duress.
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Right to silence - his failure or refusal to testify may not be used as a presumption of guilt or
taken as evidence against him.
Section 18:
Freedom from political belief
Right against detention solely by reason of political beliefs and aspirations.
1. Incarceration w/o charges of political prisoners - thousands of people were arrested and jailed
during Martial law.2.Suspension of privilege of writ of habeas corpus even after lifting of
Martial law3.Prohibition a guarantee against having a prisoners of conscience
Involuntary servitude
- denotes a condition of enforced, compulsory service of one to another. It includes:
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Slavery - the state of entire subjection of one person to the will of another.
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Peonage - voluntary submission of a person to the will of another because of his debt.
Basis and purpose of the prohibition:
1. The prohibition is grounded on the value accorded to human dignity in a democratic and
freesociety.2.The purpose is to maintain a system of completely free and voluntary labour.
Exceptions to the Prohibition:
1.When the involuntary servitude is imposed as a punishment for a crime2.When personal
military or civil service is required of citizens to defend the State3.The injunctions requiring the
striking labourers to return to work pending settlement of an industrial dispute4.To exceptional
services such as military and naval enlistment5.To exercise by parents their authority to require
their children to perform reasonable amount ofwork6.When there is a proper exercise of
the police power of the State.
Section 19:
Excessive Ones shall not be imposed, nor cruel, degrading or inhuman punishment invited.
Right against excessive Ones

- The question as to the amount of the Ones that shall be imposed is the sound discretion of the
court, if it keeps within the limit of the Statute, it cannot be held unreasonable. Right against cruel,
degrading, or inhuman punishment

- This right can only be invoked after conviction for a crime.

Section 20:
No person shall be imprisoned for debt or non-payment of a poll tax. Debt - any liability to pay
money arising out of a contract, express or implied. Refers to Civil or contractual debt or one not
arising from a criminal offense.Estafa - is a criminal offense where you a person van be
imprisoned for non-payment of debt Poll Tax - tax of a Axed amount imposed on individuals
rescinding within a species territory, whether citizens or not.
Section 21:
No person shall be twice put in jeopardy of punishment for the same offense. Right against
double jeopardy - When a person is charged with an offense, and the case is terminated either by
acquittal or conviction, the latter cannot again be charged of the same or identical offense.
Classes of Double Jeopardy
1. For the same offense - the protection is against double jeopardy for the same offense and not
the same act, provided that he is charged with a different offense.2.For the same act - double
jeopardy of punishment for the same act.
Section 22:
No ex post facto law or bill of attainder shall be enacted. Ex post Facto Law - An ex post facto
law is one which operating retrospectively: 1.Makes an act done before the passage of a law;
2.Aggravates crimes or makes it greater than when it was committed; 3.Changes the punishment
and indicts a greater punishment than what the law annexed to the crime, when committed;
or4.Alters the legal rules of evidence, and receives less testimony from what the law required at
the time of the commission of the offense, in order to convict the offender.
Characteristic of Ex post facto Law
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They relate to penal and criminal matters only
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Retroactive in their operation
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They deprive the person accused of crime of some protection or defines previously available to
their advantage.
Bill of Attainder
- Legislative act which indicts punishment without a judicial trial, if the punishment isles that
death, the act is called bill of pains and penalties.
ARTICLE IV: CITIZENSHIP Section 1:
The following are citizens of the Philippines: 1.Those who are citizens of the Philippines at the
time of the adoption of this Constitution; 2.Those whose fathers or mothers are citizens of the
Philippines; 3.Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and4.Those who are naturalized in accordance
with law
Citizen
- A person having the title of citizenship. He is a member of a democratic community who
enjoys full civil and political rights.
Citizenship
- A term denoting membership of a citizen in a political society.
Subject and Alien Subject
- Citizen of a member of a democratic community who enjoys full civil and political rights. Ina
monarchic state, he is called a Subject.
Alien
- is a citizen of a country who is residing on or passing through another country. He is popularly
called as a Foreigner.
General ways of acquiring citizenship:
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Involuntary Method - by birth, because of blood relationship by place of birth.
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Voluntary Method - by naturalization, except in case of collective naturalization of the
inhabitants of a territory which takes place when it is ceded by one State to another as a result of
conquest or treaty.
Citizens by birth
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Jus Sanguine - Blood relationship is the basis for the acquisition of this rule. The children follow
the citizenship of the parent. The Philippines uses this rule.
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Jus soli/ jus loci - place of birth serves as the basis for acquiring citizenship under this rule. Thus.
uses this rule. The person become the citizen where he is born irrespective of the citizenship of
the parents.
Naturalization
- Act of formally adapting a foreigner into the political body of the state and clothing him with
the rights and privileges of citizenship.
Ways of acquiring citizenship by Naturalization
1.By judgment of the court - the foreigner who wants to become a Filipino must apply for
Naturalization with the proper Regional Trial Court.2.By direct act of Congress - our law making
body simply enacts an act directly conferring citizenship on a foreigner.3.By administrative
proceedings - under R.A.No.9139 (Jan.8, 2001)known as the Administrative naturalization Law
of 2000Ó, aliens born and residing in the Philippines may be granted citizenship by
administrative proceedings by a special committee on Naturalization.
Section 2:
Philippine citizenship
Kinds of Citizen under the Constitution
1. Natural born citizen:
-
Who at the moment of their birth are already citizens of the Philippines?
-
do not have to perform any act to acquire his Filipino Citizenship2.Citizen at the time
of adoption of the new Constitution - refer to those who are considered citizens of the Philippines
under the 1973 Constitution at the time of the adoption of the newconstitution.3.Citizen through
election - refers to those born on Filipino mothers before Jan. 17, 1973, who upon reaching the
age of majority, elect Philippine citizenship after the ratification of the
1973Constitution.4.Naturalized citizens - refers to those who were originally citizens of another
country but who, byan intervening act( naturalization), have acquired new citizenship in
a different country.
Section 3:
Philippine citizenship may be lost or reacquired in the manner provided by law.
Loss of citizenship
1. Voluntarily - it is called expatriation
¥
By naturalization in a foreign country
¥
By express renunciation of citizenship
¥
By subscribing to an oath of allegiance to a foreign country
¥
By rendering service to or accepting commission in the armed forces of a foreign
country2.Involuntarily
¥
By cancellation of his certificate of naturalization by court
¥
Having been declared by competent authority, a deserter of the Philippine Armed forces in the
time of war
Reacquisition of lost Philippine Citizenship
1. By naturalization, provided the applicant possesses none of the disqualification provided in the
naturalization law2.By repatriation of deserters of the Philippine armed forces and women who
lost their citizenship by reason of marriage to an alien, after termination of their marital
status3.By direct act of the Congress of the Philippines.
Repatriation
- is effected by merely taking the necessary oath of allegiance to the Republic of the Philippines
and registering the same in the proper civil registry.
Section 4:
Citizens of the Philippines who marry aliens shall retain their citizenship, unless they too have
renounced it.
Effects of marriage of citizen to an alien
¥
A Filipino citizen who marries an alien does not lose his citizenship even if by the laws of
his/heroines/ husband’s country, he/she acquires her/his nationality.
¥
The exception is if they renounce their citizenship.
Section 5:
Dual allegiance of citizens shall be dealt with by law. Dual allegiance - refers to the continued
allegiance of naturalized nationals to their mother country even after they have acquired Filipino
Citizenship. Dual Citizenship - refers to the possession of two citizenships by an individual, that
of his original citizenship and that of the country where he became a naturalized citizen.
Duties and obligations of citizens
¥
To be loyal to the Republic - loyalty means faith and condense in the Republic and love and
devotion to the country.
-
Pride in one’s country
-
Absolute and permanent allegiance to his government
¥
To love and defend the country
-
Love of country shown not by words but by deeds
-
Readiness to scarce his life in defines on his country
¥
To contribute to the development and welfare of the State
-
Many ways of contributing to the country
-
Working together for the common good - citizens do not live for themselves and for their
families alone. They are a part of the society to w/c they owe a denote responsibilities
¥
To uphold the constitution and obey the law
¥
To cooperate with duly constituted authorities - community living imposes obligations and
responsibilities upon the individual.
-
Active concern with affairs of the government
-
Need for civic courage and pride or sense of civic values
¥
To exercise rights responsibly and with due regards for the rights of others
-
Exercise of rights to prejudice others not permissible
-
Right to liberty not absolute
¥
To engage in gainful work Ð employment is not the obligation solely of the State.
-
Duty to be a useful and productive member of the society
-
Duty to work hard
¥
To register and to vote
-
Duty to vote responsibly
-
Duty to guard and protect the integrity of his vote
ARTICLE V: SUFFRAGE Section 1:
Suffrage may be exercised by all citizens of the Philippines at least eighteen years of age
Suffrage - Is the right and obligation to vote of quailed citizens in the election of certain national
and local officers of the government and in the decision of public questions submitted to the
people.
Nature of Suffrage:
1.A mere privilege - not a natural right of the citizen but merely a privilege to be given or
withheld by the law making power subject to constitutional limitations.2.A political right - in the
sense of a right conferred by the Constitution. Suffrage is classier as apolitical right.
Scope of Suffrage:
1. Election - means by which the people chose their ofÞcials.2.Plebiscite - name given to vote of
the people expressing their choice for or against a proposedlaw3.Referendum - submission of a
law or part thereof passed by the national or local legislative body4.Initiative - process whereby
the people directly propose and enact law.5.Recall - method by which a public officer may be removed
from office during his tenure or before the expiration of his term.
Qualification of voters:
1. Must be a citizen (male or female) of the Philippines2.Not otherwise disqualified by law3.At
least 18 years of age4.Have resided in the Philippines for at least 1 year and in the place wherein
he proposes to vote at least six months preceding the election.
Persons disqualified to vote
1.Any person who has been sentenced by Nil judgment to suffer imprisonment by not less than
1yr.2.Any person who has been adjudged by Nil judgment by competent court of having
committed any crime involving disloyalty, rebellion, sedition, etc.3.Insane or incompetent person
declared by a competent authority.
Section 2:
The Congress secure the secrecy and sanctity of the ballot. Congress - designs a procedure for
the disabled and the illiterate to vote w/o assistance.
ARTICLE VI: THE LEGISLATIVE DEPARTMENT Section 1:
The legislative power shall be vested in the Congress of the Philippines Legislative power
- authority under the constitution to make laws and subsequently, when the need arises, to alter
and repeal them. Law - refers to statutes which are the written enactments of the legislature
governing the relations of the people among themselves or between them and the government
and its agencies.
Scope of legislative power of Congress
1.Plenary or General - a grant of legislative power means the grant of all legislative power for all
purposes of civil government.2.Legislative powers not expressly delegated deemed granted - the
delegated power of our Congress are broader than the legislative power of American Congress
Two ClassiÞcation of Power of Congress
Primary function of Congress is to legislate1.General Legislative Power - power to enact laws
intended as rules of conduct to govern the relationship among individuals and the
State.2.SpeciÞc Power - powers which the Constitution expressly directs or authorizes Congress
to exercise like the power to choose who shall become President in case two or more have the
highest or equal number of votes to corm certain appointment by the President.3.Implied Power -
they are those essential or necessary to the effective exercise of the powers expressly granted.
Like the power to conduct inquiry and investigation in aid of legislation to punish for contempt
and to determine the rules of its proceedings.4.Inherent Power - powers which are possessed and
can be exercised by every government because they exist as an attribute of sovereignty.

Principle of Separation of Powers

1. Presidential System - power of the government are divided into 3 classes: Executive,
legislative and Judicial.2.Parliamentary System - there is a fusion rather that a separation of the
two classes: Policymaking and Policy Executing. Prime minister is the head of
government.3.French presidential - parliamentary system-variant of two types of government
Principle of check and balance
- Constitutional provisions authorize a considerable amount of encroachment or checking by one
department in the affairs of the other.
Section 2.
The Senate shall be composed of 24 Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
Section 3.
No person shall be a Senator unless:
-
He is a natural-born citizen of the Philippines
-
Is at least thirty-Eve 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
Section 4:
The term of office of the Senators:
-
Shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election.
-
No Senator shall serve for more than two consecutive terms.
-
Voluntary 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 of which he was elected.
Registered Voter
- is one who has all the qualification for a voter and none of the disqualifications provided by
law and who has registered himself in the list voters.
Residence
- is the place where one has his true permanent home and to which, whenever absinthe has the
intention of returning.
Section 5.
Composition of the House of Representatives:
¥
Not more than 250 members, who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in accordance with the number of their
respective inhabitants,
¥
Shall be elected through a party-list system of registered national, regional, and sectorial parties
or organizations.
-
The party-list representatives shall constitute 20% of the total number of representatives
including those under the party list.
¥
For three consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be Bled, by selection or election from the labour,
peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.
¥
Each legislative district shall comprise, as far as practicable, continuous, compact, and adjacent
territory.
¥
Each city with a population of at least two hundred fifty thousand, or each province, shall have at
least one representative.
¥
Within three years following the return of every census, the Congress shall make are
apportionment of legislative districts based on the standards provided in this section.
Section 6:
Qualification of member of House of representative:
-
He is a natural-born citizen of the Philippines
-
Is at least 25 years of age, on the day of the election,
-
Able to read and write, and, except the party-list representatives,
-
A registered voter in the district in which he shall be elected, and a
-
Resident thereof for a period of not less than one year immediately preceding the day of the
election.
Section 7:
The Members of the House of Representatives shall be elected; 1.For a term of three years which
shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following
their election.2.No Member of the House of Representatives shall serve for more than three
consecutive terms.3.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 8:
Regular election of the Senators and the Members of the House of Representatives shall be held
on the second Monday of May.
Section 9:
In case of vacancy in the Senate or in the House of Representatives:
-
A special election may be called to fill such vacancy in the manner prescribed by law,
-
But the Senator or Member of the House of Representatives thus elected shall serve only for the
unexpired term.
Kinds of Election for Members of Congress
1. Regular Election - held on the 2
Monday of May.2.Special Election - may be called incise a vacancy arises in the senate or House
of Representative to fill such vacancy in the manner prescribed by law.
Section 10:
The salaries of Senators and Members of the House of Representatives shall be determined by
law. No increase in said compensation shall take effect until after the expiration of the full term
of all the Members of the Senate and the House of Representatives approving such increase.
Section 11:
A Senator or Member of the House of Representatives shall:
-
In all offenses punishable by not more than six years imprisonment
-
Be privileged from arrest while the Congress is in session
-
Freedom from being questioned from any speech or debate in the Congress or in any committee
thereof
Section 12:
All Members of the Senate and the House of Representatives shall upon assumption of office:
1.Make a full disclosure of their financial and business interests.2.They shall notify the House
concerned of a potential convict of interest that may arise from the filing of a proposed
legislation of which they are authors.
Section 13:
No Senator or Member of the House of Representatives may:
-
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, during his term without forfeiting his seat
-
Neither shall he be appointed to any office which may have been created nor the emoluments
thereof increased during the term for which he was elected
Section 14:
No Senator or Member of the House of Representatives may:
-
Personally appear as counsel before any court of justice or before the Electoral Tribunals,
torques-judicial and other administrative bodies.
-
Neither shall he, directly or indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled corporation, or its
subsidiary, during his term of office.
-
He shall not intervene in any matter before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account of his office.
Section 15:
The Congress shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is axed by law.
2 kinds of Session:
1. Regular Session - convene once every year on the fourth Monday of July2.Special Session -
The President may call a special session at any time.
Section 16:
The Senate shall elect its President and the House of Representatives its Speaker.
Quorum
- A number of the membership of an assembly, or collective body as is competent to transact its business.
Ordinarily, a quorum consist of
"
Plus 1 of the members of the body.
Rules of Procedure
- Rules made by any legislative body to regulate the mode and manner of conducting its
business.
Legislative Journal
- defined as the official record of what is done and passed in a legislative assembly.
Section 17:
The Senate and the House of Representatives shall each have an Electoral Tribunal. Compositions
of Electoral Tribunal:
¥
shall be composed of nine members, 3 of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and 6 shall be Members of the Senate or the House of
Representatives, as the case maybe,
¥
Who shall be chosen on the basis of proportional representation from the political parties and the
parties or organizations registered under the party-list system represented therein?
-
The senior Justice in the Electoral Tribunal shall be its Chairman.
Section 18:
Compositions of Commission on Appointments: 1.President of the Senate2.Twelve
Senators3.Twelve Members of the House of Representatives
Section 19:
The Electoral Tribunals and the Commission on Appointments shall be: 1.Constituted within
thirty days after the Senate and the House of Representatives shall have been organized with the
election of the President and the Speaker.2.The Commission on Appointments shall meet only
while the Congress is in session, at the call of its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein conferred upon it.
Section 20:
The records and books of accounts of the Congress shall be:1.preserved and be open to
the public in accordance with law2.and such books shall be audited by the Commission on Audit
which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.
Section 21:
The Senate or the House of Representatives or any of its respective committee’s may conduct:
1.Inquiries in aid of legislation in accordance with its duly published rules of procedure.2.The
rights of persons appearing in or affected by such inquiries shall be respected.
Section 22:
The heads of departments with the consent of the President, shall provide;1.appear before and be
heard by such House on any matter pertaining to their departments.2.Written questions shall be
submitted to the President of the Senate or the Speaker of the House of Representatives at least
three days before their scheduled appearance.3.Interpellations shall not be limited to written
questions, but may cover matters related thereto.4.When the security of the State or the public
interest so requires and the President so states in writing, the appearance shall be conducted in
executive session.
Section 23:
The Congress, shall have the sole power to declare the existence of a state of war. In times of war
or other national emergency, the Congress may: authorize the President, for a limited period and subject
to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a
declared national policy.
-
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Section 24:
All 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.
Appropriations bill - the primary and specific aim of which is to make appropriations of money
from the public treasury.
Kinds of Appropriations:
1.Annual or General Appropriations - they set aside annual expenses for the general operations
of the government.2.Special or Supplemental Appropriations - include all appropriations not
contained in the budget.3.SpeciÞc Appropriations - sets aside a named sum of money for the
payment of a particularexpense4.Continuing Appropriations - one w/c provides a denote sum
to be always available year to year.
Meaning of other bills:
1.Revenue bill - primary purpose is to raise revenue2.Tariff bill - reference to one imposing
custom3.Bill authorizing increase of the public debt - one which creates public indebtedness such
as bill providing for the issuance of bonds and other forms of obligations.4.Bill of local
application - affecting purely local or municipal concerns like one creating a city or municipality
or changing its name.5.Private bill - affecting purely private interest such as one granting a
franchise to a person or corporation or compensation to a person for damages suffered by him by
which the government considers itself liable.
Section 25:
Budget1.The Congress may not increase the appropriations recommended by the President for
the operation of the Government as species in the budget.2.No provision or enactment shall be
embraced in the general appropriations bill unless it relates specifically to some
particular appropriation therein3.The procedure in approving appropriations for the Congress
shall follow the procedure for approving appropriations for other departments and agency4.A
special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as carried by the National Treasurer, or to be raised
by corresponding revenue proposal therein.5.No law shall be passed authorizing any transfer of
appropriations;6.Discretionary funds appropriated for particular officials shall be disbursed only
for publicpurposes7.If Congress failed to pass the general appropriations bill for the ensuing
Scald year, the general appropriations law for the preceding Scald year shall be deemed re-
enacted and shall remain in force and effect until the general appropriations bill is passed by the
Congress.
Budget
- Financial program of the national government for a designated calendar year.
Section 26:
Every bill passed by the Congress shall embrace only one subject which shall be expressed in
the title thereof.
Requirements as to Subject and Title of the Bill
1. One title, one subject - a proposed law is called a bill.2.Purpose of Constitutional requirement:
-
To prevent hodgepodge or log rolling legislation
-
To prevent surprise or fraud upon legislature
-
To fairly appraise the people.
Steps in the passage of a bill
1. First reading - any member of either House may present a proposed bill, signed by him for 1st

Reading and reference to the proper committee.2.Referral to appropriate committee - after 1st
Reading, the bill is referred to the proper committee for study and consideration.3.Second
reading - if the bill id favoured by the committee, it is forwarded to the Committee
onRules.4.Debates - general debate is now opened. Amendment may be proposed by any
member ofCongress.5.Printing and distribution - the bill is then ordered in its nil form6.Third
reading - only the title of the bill is read on the ßoor. Nominal voting is held7.Referral to the
other house - if approved, the bill is passed to the other house where it will take the same
procedure.8.Submission to joint bicameral committee - differences if any, between the Houses bill
and the Senates amended version and vice versa are submitted to a conference committee of
members of both Houses.9.Submission to the President - a bill approved on the 3
rd.
Reading shall be printed and submitted to the president for his approval or disapproval. Either
signed or sent back with a veto message from the president.
Section 27:
Every bill passed by the Congress shall, before it becomes a law, be presented to the President.
Bill - a draft of a law submitted to the consideration of a legislative body for its adoption. Statute
- written will of the legislature as an organized body expressed according to the form necessary
to constitute it into a law of the State, the term Act is often used in referring to a statute.
Formal parts of a law:
1. Title - Announces the subject matter of the act.2.Preamble - follows the title and precedes the
enacting clause.3.Enacting clause - it serves as a formal mean of identifying the legislative
body that enacts thelaw.4.Body - portion containing the proposed law or statute itself5.Effectivity
clause - portion providing for the time when the law shall take effect. A law takes effect in 15
days following the completion of its publication in the official gazette.
Veto
- A Latin term for ÒI forbid or Deny. It is the power vested in the President to disapprove acts
passed by the Congress
Purpose of a Veto
-
To enable the executive department to protect its integrity as an equal branch of the government

-
To provide a check on hasty, corruptor ill-considered legislation.
Resolutions
- dined as a formal expression of opinion, will, or intent by an official body or assembled group.
Kinds of resolution:
1.Simple - if passed by either House for its exclusive use or purpose2.Concurrent - if passed
independently in one House and raised by the other in the same manner as a bill.3.Joint -
if approved by both House meeting in joint session but voting separately
Section 28.
The rule of taxation shall be uniform and equitable.
Uniformity in Taxation
Means that all taxable articles or properties of the same class shall be taxed at the same rate.
Implies equality in burden, not in amount.
Exemption of certain entities and properties from tax
-
Test of exemption- covers only property taxes and no other taxes.
-
Note that only those w/c are non-profit are exempted from tax.
Section 29:
No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
-
No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly,
-
All money collected on any tax levied for a special purpose shall be treated as a special fund.
-
Appropriation - an authorization by law that money maybe paid out of the public treasury.
Section 30:
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in
this Constitution without its advice and concurrence.
Section 31:
No law granting a title of royalty or nobility shall be enacted.
Section 32:
The Congress shall, as early as possible, provide for a system of initiative and referendum.
Initiative
- reserved power of the people to directly propose and enact laws at polls called for the purpose
independently of Congress or of a local legislative body.
Referendum
- the process by which any act or law or part thereof passed by the Congress or by local
legislative body is submitted to the people for their approval or disapproval.
ARTICLE VII: EXECUTIVE DEPARTMENT Section 1:
The executive power shall be vested in the President of the Philippines. Following the 1935
Charter, sec.1 vests the executive power to one person alone- the President of the Philippines.
Executive power - the power to administer the laws, which means carrying them into practical
operation and enforcing their due observance.
Section 2:
No person may be elected President unless he is a natural-born citizen of the Philippines
Section 3:
There shall be a Vice-President who shall have the same qualifications and term of office and be
elected with and in the same manner as the President.
-
He may be removed from office in the same manner as the President.
-
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.
Qualifications of President and Vice President
-
Natural born citizen of the Philippines
-
A registered voter
-
Able to read and write
-
At least 40 years of age on the day of the election for president and
-
Resident of the Philippine for at least ten (10) years immediately preceding such election
Section 4:
The President and the Vice-President shall be:1.Elected by direct vote of the people.2.For a term
of six years which shall begin at noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date six years thereafter.3.The President shall not be
eligible for any reelection.4.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.5.No Vice-President shall
serve for more than two successive terms. “I do solemnly swear (or affirm) that I will faithfully
and conscientiously fulfil my duties as President (or Vice-President or Acting President) of the
Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last
sentence will be omitted.)
¥
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was elected.
¥
Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.
Section 5:
Before they enter on the execution of their office, the President, the Vice-President, or the
Acting President shall take the following oath or affirmation:
Section 6:
The President shall have an official residence, determined by law.1.The salaries of the President
as provided by law, has an annual salary of Php300,000.00 pesos and Vice-President at
Php240,000s and shall be determined by law and shall not be decreased during their tenure.2.No
increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved.3.They shall not receive during their tenure
any other emolument from the Government or any other source.
Section 8:
In case of death, permanent disability, removal from office, or resignation of the President, the
Vice-President shall become the President to serve the unexpired term.
When Vice president shall act as president
1. If the president-elect fails to qualify2.If a president shall not have been chosen3.In case of
temporary inability or incapacity of the President to discharge his powers and duty.
Section 7:
The President-elect and the Vice-President-elect shall assume office at the beginning of their
terms.
-
If the President-elect fails to qualify, the Vice-President-elect shall act as President until the
President-elect shall have quailed.
-
If a President shall not have been chosen, the Vice-President-elect shall act as President until a
President shall have been chosen and quailed.
-
If at the beginning of the term of the President, the President-elect shall have died or shall have
become permanently disabled, the Vice-President-elect shall become President.
When Vice president shall act as President
1. If, at the beginning of the term, President-elect shall have died, or shall have become
permanently disabled.2.After assumption of office, in case of death, permanent disability, removal from office
or resignation of the President, in w/c case the Vice-President will serve the unexpired term.
Where there are no President and Vice-President
1.Before assumption - the Senate President, or incise in his inability, the Speaker of the house of
Representative, shall act as President until a President and a Vice-President shall have
beenchosen.2.After assumption - the Senate President, or incise in his inability, the Speaker of
the house of Representative, shall act as President incise of death, permanent disability, removal from office, or
resignation of both the President and a Vice-President shall have been elected and
qualiÞed.3.Where Senate President and Speaker are also unable to act as President - congress is
mandated to provide by law for this case as to who shall act as president including the manner of
election until the President or Vice President shall have been elected or quailed
Section 9:
Whenever there is a vacancy in the Office of the Vice-President, the President shall nominate a
Vice-President from among the Members of the Senate and the House of Representative.
Section 10:
The Congress shall, convene in accordance with its rules without need of a call and within seven
days enact a law calling for a special election. Special election - in case of a permanent vacancy
in the Offices of both President and Vice-president.
Section 11:
Whenever the President was unable to perform his duty, such powers and duties shall be
discharged by the Vice-President as Acting President.
Rules in case of temporary disability of the President
1.Declaration by the president - may transmit his written declaration of being unable to discharge
the powers and duties of his OfÞce.2.Declaration by members of the Cabinet - the Vice-President
shall immediately assume the Office of the President temporarily.3.Decision by Congress incise
of a dispute - voting separately may decide on the existence or termination of the presidential
incapacity
Section 12:
In case of serious illness of the President, the public shall be informed of the state of his health.
Section 13:
The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, hold any other office or employment during their tenure. Avoid convict of interesting the
conduct of their office.
Rule on Nepotism
President is prohibited during his tenure to appoint his spouse and relative by consanguinity or
affinity w/in the 4th civil degree to any positions mentioned.
Section 14:
Appointments extended by an Acting President shall remain effective, unless revoked by the
elected President w/in 90 days.
Section 15:
A President or Acting President shall not make appointments, except temporary appointments
to executive positions when continued vacancies therein will prejudice public service
Section 16:
The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments.
Appointment - act of designation by the executive officer, board or body to whom the power has-
been delegated of the individual who is to exercise the functions of a given office.
Kinds of Presidential Appointment
1. Regular appointment - made during the session of the congress2.Ad interim appointments -
those made during a recess of congress
Kinds of Appointment in the career services:
1. Permanent - issued to a person who meets all the requirement for the position to which he
isappointed.2.Temporary or acting - issued to a person who meets all the requirement for the
position to which he is being appointed except the appropriate civil service eligibility; it shall not
exceed 12months.
Steps in appointing process
1. Appointment Ð act of the appointing power2.Acceptance - act of the appointee. But
acceptance is necessary to enable him to have full possession, enjoyment and responsibility of
an office.
Kinds of Acceptance
1. Express - when done verbally or in writing2.Implied - when, without formal acceptance, the
appointee enters upon the exercise of the duties and functions of an office.
Designation
- is simply the mere imposition of new or additional duties upon an officer already in the
government service. It is different from appointment.
Removal
- is the ouster of the incumbent before the expiration of his term of office.
-
Not expressly granted
-
Impliedly Granted
-
Removal power of other officers
Section 17:
The President shall have control of all the executive departments, bureaus and offices.
Section 18:
The President shall be the Commander-in-Chief of all armed forces of the Philippines.
Military Power of the President
1. Powers to meet emergency situation
-
Call out such armed forces to prevent or suppress lawless violence, invasion or rebellion
-
To suspend the privilege of writ of habeas corpus
-
To declare Martial Law2.Commander in Chief of the Armed forces - the constitution makes the
president, a civilian, the Commander-in-Chief of all Armed Forces of the Philippines
Power to suspend privilege of writ of habeas corpus
1. There must be invasion or rebellion.2.The public safety must require the suspension
Martial Law
All laws that are reference to and are administered by the Military Forces of the State:
-
The military law proper
-
Rules governing the conduct of military forces in times of war.
Basis, object and duration of Martial Law
-
Basis - the right to declare, apply and exercise martial law is one of the rights of Sovereignty.
-
Object - object of martial Law is the preservation of public safety and good order.
-
Duration - founded on necessity, the exercise of the power may not extend beyond what is required by the
exigency which it call forth.
Section 19:
Except in cases of impeachment, or as otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and remit Ones and forfeitures, after conviction
by Nil judgment. Reprieve - Is the postponement of the execution of a death sentence to a certain
date. Suspension of sentence - postponement of a sentence for an indented time. Commutation -
the reduction of the sentence imposed to a lesser punishment as from death to life imprisonment.
It may be granted without the acceptance and even against the will of the convict. Pardon - an act
of grace proceeding from the power entrusted with the execution of the laws which exempts the
individual on whom it is bestowed.
-
Parolee
-
It is an act of forgiveness
-
It is granted by the President alone after conviction
-
Private act of the president which must be pleaded and proved by the person who claims to have
been pardoned because the courts take no judicial notice.
-
Granted for infraction of the peace of the State.
Kinds of Pardon
1. Absolute - it is not subject to any condition whatsoever, it becomes effective when made.2.Conditional -
when it is given subject to any condition or qualification the President may see fit. Pardoning
Power - Extends to all offenses including criminal contempt. It does not give the President power
to exempt, except from punishment anyone from the law.
Limitations of Pardoning Power
1.It may not exercised for offense in impeachment2.May be exercise only after conviction by Nil
judgment3.May not be exercised over civil contempt4.In case of violation of election law or
rules and regulations, no pardon, parole or suspension of sentence may be granted w/o the
recommendation of the Commission on Elections.
Effects of Pardon
1.Removes penalties and disabilities and restores him to his full civil a political rights2.Does not
discharge the civil liability of the convict to the individual he has wronged as the President has
no power to pardon a private wrong3.Does not restore offices, property or rights vested I others
in consequence of the conviction. Remissions - prevents the collection of Ones or
the confiscation of forfeited property. Amnesty - act of the sovereign power granting oblivion or
a general pardon for a past offense usually granted in favour of certain classes of persons who
have committed crimes of a political character such as treason, sedition or rebellion.
-
Granted with the concurrence of Congress before or after conviction.
-
Act of forgetfulness
-
Granted for infractions for crimes against the sovereignty of the State.
-
By the proclamation of the president with concurrence of Congress is a public act of which the
courts will take judicial notice.
Section 20:
The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as
maybe provided by law.
Section 21:
No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate. Treaty - compact made between two or more states,
including international organizations of states, intended to create binding rights and obligations
upon the parties thereto. May be bilateral or multilateral. Also known as a pact, convention
or charter.
Steps in treaty making
1. Negotiation - in this field, the President alone has the sole authority2.Approval or ratification -
as a gen. rule, no treaty or international agreement shall be valid and effective unless concurred in by at
least 2/3 of all the senate members.
Section 22:
The President shall submit to the Congress within thirty days from the opening of every regular
session, as the basis of the general appropriations bill, a budget of expenditures and sources of
financing
Section 23:
The President shall address the Congress at the opening of its regular session. He may also
appear before it at any other time.
ARTICLE VIII: JUDICIAL DEPARTMENT Section 1:
The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law. Judicial power - the power and duty of courts of justice to apply the laws
to contests or disputes concerning legally recognized rights or duties between the State and
private persons or individuals or between private persons or individual litigants, in case properly
brought before the judicial tribunals.
Scope of Judicial Power:
1. Adjudicatory power - judicial power includes the duty of courts of justice.2.Power of judicial
review - also includes the power toga. Pass upon a validity of the constitution. To interpret them.
Render binding judgments3.Incidental powers - includes the incidental powers necessary to
the effective discharge of the judicial functions such as the power to punish persons adjudged in
contempt.
Organization of Courts: 1.Regular Court
¥
Court of Appeals - With 69 justices headed by a presiding Justice w/c operate in 28 divisions
each comprising 3 members
¥
Regional Trial Court - Presided by 720 regional trial Judges in each of the 13 regions of the
country
¥
Metropolitan Trial Court - A Municipal Trial Court in every city not forming part
of metropolitan area
2. Special Court
¥
Sandakan Bayan - 14 Justices and a presiding Judge
¥
Court of Tax Appeals - With 5 Justices and a presiding Justice, was created under R.A. 1125as
amended by R.A. 9282
Section 2:
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts. Jurisdiction - the power and authority of the court to hear, try and decide a case. It
may be:1.General - empowered to decide all disputes which may come before it except
those assigned to other courts (ex. Jurisdiction of the regional trial court)2.Limited - has the
authority to hear and determine only a few species cases(ex. Jurisdiction of special
courts)3.Original - can try and decide a case presented for the 1st time. It may be exclusive
orconcurrent.4.Appellate - can take a case already heard and decided by a lower court removed
from the latterly appeal.5.Exclusive - can try and decide a case which cannot be presented before
any other court6.Concurrent - when any two or more courts may take cognizance of a
case.7.Criminal - that which exists for the punishment of crime8.Civil - that which exists when
the subject matter is not a criminal nature (ex. Collection of debt)
Section 3:
The Judiciary shall enjoy Scald autonomy.
Section 4:
The Supreme Court shall be composed of:
-
Chief Justice
-
Fourteen Associate Justices
Sitting Procedure
1. En banc or in division - the Supreme court may hear and sit cases En banc (i.e. as one body)
Orin division of 3, 5, or 7 members.2.Number of division - on the basis of 15 members, the
number of division will be Eve, composed of 3 members each, 3 composed of 5 members each or 2,
meetings separately.3.Decisions of divisions - by sitting in division, the Supreme Court increases its
capacity to dispose of cases pending before it.
Executive agreement
- Agreement entered into by the President on behalf of the Philippines with the government of
another country and is effective and binding upon the Philippines even without the concurrence of
Congress.
Classified into two groups:
1. Those made purely as executive acts.2.Those entered into in pursuance of acts of Congress
¥
Power of judicial review - the power of the court, ultimately of the Supreme Court to interpret
the constitution and to declare any legislative or executive act invalid because it is in convict
with the fundamental laws.
¥
Justiciable question - affects personal or property rights accorded to every member of the
community in cases properly brought before the judicial tribunals.
¥
Political question - is to be decided by the people in their sovereign capacity, or in regard to
which full discretionary authority has been delegated to the legislative or executive branch of the
government.
Section 5:
The Supreme Court shall have the following powers:1.Exercise original jurisdiction over
cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warrant to, and habeascorpus.2.Review, revise, reverse, modify, or
affirm on appeal or certiorari as the law or the Rules of Court may provide, Nil judgments and
orders of lower courts in:
-
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed
in relation thereto.
-
All cases in which the jurisdiction of any lower court is in issue.
-
All criminal cases in which the penalty imposed is reclusion Perpetua or higher.
-
All cases in which only an error or question of law is involved.
-
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.3.Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the consent of the judge
concerned.4.Order a change of venue or place of trial to avoid a miscarriage of justice.5. Appoint
all officials and employees of the Judiciary in accordance with the Civil Service Law.
Terms:
¥
Certiorari - writ issued from a superior court requiring a lower court or a board or officer
exercising judicial functions to transmit the records of the case to the superior court for the
purpose of a review.
¥
Mandamus - order issued by a superior court commanding a lower court or a corporation,
boarder person to perform a certain act which it is its or his duty to do.
¥
Quo warrant - action by the government to recover an office or franchise from an individual or
corporation usurping or unlawfully holding it.
¥
Pleading - act of presenting ones claim, answer, or arguments in defines or prosecution of inaction. Admission
of the practice of law or to the Bar - a person is said to be admitted to the Bar or is member of
the Bar when he is authorized by the Supreme Court to practice law in the Philippines. Integrated
bar - it means the official national unification of the entire lawyer population of the Philippines
in a single organization. Legal assistance to the under privilege - poor and uninformed litigants
are entitled to legal assistance from the government in defending or enforcing their rights to
redress the imbalance before the parties in civil and criminal cases.
Substantial law
- Part of the law which creates, defines, and regulates rights concerning life, liberty, or property
or the powers of the agencies or instrumentalities for the administrations of public affairs.
¥
Adjective or remedial law - part of law which prescribe the methods of enforcing rights or
obtaining redress for their violation.
Substantive rights
- Rights which substantive law declares or rights concerning life, liberty or property.
Section 6:
The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.
Section 7:
No person shall be appointed Member of the Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines.
Qualifications for members of the Supreme Court and any Lower Collegiate Court
Supreme Court:
-
Must be natural born citizen
-
At least 40 yrs. of age
-
Must have, for 15 yrs. of more, been a judge of a lower court or engaged in the practice of law in
the Philippines
-
Must be a person of proven competence, integrity, probity and independence.
Lower Collegiate
- qualifications shall be prescribed by the Congress as provided in section 7(2).But they must be
natural born citizen.
Section 8.
A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of: 1.The Chief Justice as ex foci Chairman - shall serve 4 yrs.2.The Secretary of Justice
- shall serve 4 yrs.3.A representative of the Congress as ex foci Members4.A representative of the
Integrated Bar - shall serve 4 yrs.
-
A professor of law - shall serve for three years
-
A retired Member of the Supreme Court - shall serve for two years
-
A representative of the private sector - shall serve for one year
Section 9:
 The Members of the Supreme Court and judges of lower courts shall be appointed by the
President.
Section 10:
The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges
of lower courts shall be axed by law.
Section 11:
Tenure of office of members of the Judiciary Security Tenure - they shall hold office of good behaviour until they
reach the age of 70, or becoming incapacitated Retirement age - retirement age was reduced from 70 to 65 yrs.
old. Termination of right to hold office - the constitution provides for the impeachment of the members of the
Supreme Court .Abolition of office - removal of office is to be distinguished from termination by
virtue of the abolition of the office.
Good behaviour
- A conduct authorized by law.
Section 12:
The Members of the Supreme Court shall not be designated to any agency performing quasi-
judicial or administrative functions.
Section 13:
The conclusions of the Supreme Court in any case submitted to it for decision shall be reached
in consultation.
Section 14:
Decision of Court Decision - judgment rendered by a court of justice or other competent tribunal
after the presentation of the respective positions of the parties in an ordinary or criminal case
or upon a stipulation of facts upon which the disposition of the case is based.
Form of decision of court
1. Statement of both factual and legal basis2.Reason for requirement3.Statement of legal basis only
Section 15:
Maximum period for rendition of decision: 1.Supreme Court - within 24 months2.Court of
appeals and other Collegiate Courts - 12 months3.Lower Courts - within 3 months unless
reduced by the Supreme Court
Section 16.
The Supreme Court shall:
-
Within thirty days from the opening of each regular session of the Congress, submit to the
President and the Congress an annual report on the operations and activities of the Judiciary.
ARTICLE IX: CONSTITUTIONAL COMMISSIONSA. Common Provisions Section 1:
The Constitutional Commissions, which shall be independent are: 1.Civil Service
Commission2.Commission on Elections3.Commission on Audit
Section 2:
No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment.
Section 3:
The salary of the Chairman and the Commissioners shall be axed by law and shall not be
decreased during their tenure.
Section 4:
The Constitutional Commissions shall appoint their officials and employees in accordance with
law.
Section 5:
The Commission shall enjoy Scald autonomy.
Section 6:
Each Commission en banc may promulgate its own rules concerning pleadings and practice
before any of its offices.
Section 7:
Each Commission shall decide by a majority vote of all its Members.
¥
A case or matter is deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the rules of the Commission or by the Commission
itself.
¥
Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.
Section 8:
Each Commission shall perform such other functions as may be provided by law.
B. The Civil Service Commission Section 1:
Composition of Civil Service Commission - composed of a Chairman and two commissioners.
Qualifications:
-
Natural-born citizens of the Philippines
-
At least thirty-Eve years of age
-
With proven capacity for public administration
-
Must not have been candidates for any elective position in the elections immediately preceding
their appointment
¥
The Chairman and the Commissioners shall be appointed by the President
¥
The Chairman shall hold office for seven years
¥
A Commissioner for Eve years
¥
Another Commissioner for three years
¥
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
Section 2:
Civil Service The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government owned or controlled corporations with
original charters. Civil service - professionalized body of men and women who have made of the
government service lifetime career. Portion of the public service that is Ò governed by the merit
principle in the selection of officers and employees’
Constitutional ClassiÞcation of Positions in the Civil Service
1. Competitive - those whose appointments are made according to merits and fitness as
determined by competitive examinations.2.Non-competitive - those appointments do not have to
take into account merit and Tens as determined by competitive examinations. For cause provided
by law - means legal cause or cause provided by an existing law and not merely causes which the
appointing power in the exercise of discretion may deem sufficient. Electioneering or partisan
political campaign - refers to the act designed to have a candidate elected or not or to promote
the candidacy of a person or persons to a public office any political activity is Partisan if it is
directed towards the advancement of a political party or candidate. An activity id nonpartisan if it
is addressed to the attainment of the objective of insuring free, orderly, honest, peaceful and credible
elections’
Right of Government Employees to Self-Organization
1. Unions or associations for purposes not contrary to law2.Importance of right - through unions,
government employee can promote their interest and the interest of public service.
Right of Government Employee to Strike
1. Grant of right not advisable2.Right not granted by law - Congress may by law, deny the right
to strike to some sectors of lardlike members of Armed forces of the Philippines.
Temporary employees of the Government
1. No security of tenure2.To be given protection as may be provided by law
Section 3:
The Civil Service Commission, shall establish a career service and promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service.
Section 4:
All public officers and employees shall take an oath or affirmation to uphold and defend this
Constitution.
Section 5:
Standardization of compensation. Salaries to be axed by law - they shall no longer be subject
to collective bargaining agreement.
Section 6:
No candidate will be appointed to any office in the Government who has lost in any election
shall, within one year
Section 7:
No elective official shall be eligible for appointment or during his tenure.
Section 8:
No elective or appointive public officer or employee shall receive additional, double, or indirect
compensation, unless specially authorized by law,
C. the Commission on Elections Appointment and terms of Office:
1. The chairman and the commissioners are appointed by the President with the consent of the
commission on appointments
2. Has a term of seven (7) years without reappointment.3.Of the commissioners first appointed, 3
shall hold office for seven years, 2 for Eve years and the last member for three years. Without
reappointment.
Section 2:
The Commission on Elections Powers and functions:1.To enforce laws relative to the conduct of
elections2.To decide election contests3.To decide all questions affecting election4.To deputize law enforcement
agency5.To register political parties, etc., and accredit its citizens arms.6.File petition, investigate
and prosecute7.To recommend measures8.To recommend removal or disciplinary measures9.To submit
reports10.To perform other functions
Section 3:
The Commission on Elections 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.
Section 4:
The Commission may, supervise or regulate the enjoyment or utilization of all franchises or
permits for the operation of transportation and other public utilities, or concessions granted by
the Government
Section 5:
The President cannot perform suspension of sentence, pardon and the like for violation of
election laws, rules, and regulations. Parole - a method by which a prisoner who has served a
portion of his sentence is conditionally released but remains in legal custody, the condition being that in
case of misbehaviour, he shall be imprisoned. A parole does not pardon the prisoner. Suspension of sentence -
the postponement of the execution of a sentence for an indented time. It’s different from
reprieve, in that, the latter postpones the execution of a sentence with a definite date and time.
Section 6:
A free and open party system Political party - a voluntary organization of citizens advocating
certain principles and policies for the general conduct of the government.
Section 8:
Political parties, or organizations or coalitions registered under the party-list system, shall not be
represented in the voters' registration boards, boards of election inspectors, boards of canvassers,
or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with
law.
Section 9:
Unless otherwise axed by the Commission in special cases, the election period shall commence
ninety days before the day of election and shall end thirty days thereafter.
Section 10:
Bona Fide candidates for any public office shall be free from any form of harassment and
discrimination.
Section 11:
Funds carried by the Commission as necessary to defray the expenses for holding regular and
special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or
special appropriations and, once approved, shall be released automatically upon cortication by
the Chairman of the Commission.
D. The Commission on Audit
-
The Chairman and the Commissioners shall be appointed by the President, for a term of seven
years without reappointment. Of those first appointed,
-
The Chairman shall hold office for seven years,
-
One Commissioner for Eve years,
-
And the other Commissioner for three years, without reappointment
¥
Appointment to any vacancy shall be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or acting
capacity.
Qualification of members
-
Must be natural born citizen
-
35 yrs. old
-
Certified public accountants with not less than 10 yrs. of auditing experience or members of the
Bar who have been engage in practice of law for 10 yrs.
-
Must not have been a candidate for any elective positions in the preceding election
Section 2:
Powers and functions of the Commission:1.To examine, audit and settle an account2.To act as central
accounting office of the government3.To define the scope of its audit and examination, etc.4.To promulgate
accounting and auditing rules and regulations5.To submit an annual financial report and recommend
measures6.Perform other duties and functions
Section 3.
No law shall be passed exempting any entity of the Government from the jurisdiction of the
Commission on Audit.
Section 4.
The Commission shall submit to the President and the Congress, within the time Axed bylaw, an
annual report covering the financial condition and operation of the Government.
ARTICLE X: LOCAL GOVERNMENT

Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE

PHILIPPINES ARE THE:
Composition:

1) Provinces

2) Cities;

3) Municipalities; and

4) Barangays

There shall be Autonomous regions in:

1) Muslim Mindanao, and

2) Cordilleras [At present, it is only the Cordillera ADMINISTRATIVE region]

Note: 1) A third autonomous regions would require a constitutional amendment.

2) These political subdivisions, created by the Constitution cannot be replaced by
AMENDMENT, and not by law.

3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of
LGU’s

Section 2. Local Autonomy

1) All political subdivisions shall enjoy local autonomy

2) This does not mean that the LGU’s are completely free from the central government.

1. Judiciary may still pass on LGU actions

2. President may exercise disciplinary power over LGU officials.
Sec. 3. 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. PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President

1) The President exercises general supervision over all LGUs

2) The President Exercises DIRECT supervision over

1. Provinces
2. Autonomous regions and
3. Independent cities.

3) This power is limited to ensuring that lower officers exercise their functions in accordance
with law.

4) The president cannot substitute his judgment for that of an LGU official unless the latter is
acting contrary to law.

5) The President may, however, impose administrative sanctions against LGU officials, such
as suspension for 120 days, and may even remove them from their posts, in accordance with law.
6) Provinces exercise direct supervision over component cities and municipalities.

7) Cities and municipalities exercise direct supervision over component barangays.

Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE

OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
Limitations on Power

1) It is subject to such guidelines and limitations as Congress may provide. See Local
Government Code for examples.

2) The guidelines set by Congress should be consistent with the basic policy of local
autonomy.

Accrual of taxes, fees, charges

The taxes, fees and charges shall accrue exclusively to the local governments.

Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED

BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)

1) Share of LGUs in national taxes is limited to the internal revenue taxes.

2) The share of each LGU should be released, without need of any further action, directly to
the provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within
5 days after the end of each quarter.

3) The share of each LGU should not be subject to any lien or holdback that may be imposed
by the national government for whatever purpose.

4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for
development projects.

5) Adjustments in IRA

1. Ground: Unmanageable public section deficit

2. President can make the necessary adjustments in the IRA upon the recommendation of the
following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary

6) IRA considered for purposes of conversion from one political subdivision to the
next. (Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth

1) LGUs are 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.

2) This includes share the same with the inhabitants by way of direct benefits.

Under the LGC

1) LGUs have a share of 40% of the gross collection derived by the national government from
the preceding fiscal year from

1.
Mining taxes
2.
Royalties
3.
Forestry and fishery charges
4.
Other taxes, fees and charges
5.
Share in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth w/in their territorial jurisdiction
Sec. 8. TERM OF OFFICE
Term of Office

Elective local officials, now including barangay officials have a term of 3 years.

Limitations:

1) No elective official shall serve for more than 3 consecutive terms

2) 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 he was elected.

Sec. 9. SECTORAL REPRESENTATION IN LGUS

Legislative bodies of the local governments shall have Sectorial Representation (under the
LGC) as may be provided by law

There should be representatives from:

1) The women’s sector

2) The workers

3) Third sector (can choose from any of the following)

A) Urban poor
B) Indigenous cultural communities

C) Disabled persons

D) Any other sector as may be determined by the sanguine

Election of Sector Representatives

Sec. 10. Creation, abolition and division of LGU’s
1) Requisites
1. Compliance with the requirements of the Local Government Code; and
2. Approved by a majority of the votes cast in a plebiscite held in the political units
DIRECTLY affected.

2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include
voters of the ENTIRE province, and not just the area to comprise the new province.

3) LGC requirements relate to matters such as population, revenue, and area requirements.

Sec. 11. Metropolitan political subdivisions

Creation:

1) Congress may create special metropolitan political subdivisions by law.

2) It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1) The component cities and municipalities retain their basic autonomy

2) They shall be entitled to their own local executive and legislative assemblies.

Sec. 12. CITIES

Classification of Cities:

1) Highly urbanized (as determined by law)

2) Component cities (cities still under provincial control); and

3) Independent component cities (non-highly urbanized cities whose voters are prohibited by
the city charter from voting in provincial elections)
Independence from the Province

1) Highly urbanized cities and independent component cities are independent of the province.

2) Component cities whose charter contain no such prohibition are still under the control of
the province and its voters may still vote for elective provincial officials.

Section 13. Coordination among LGUS

Consolidation and Coordination of Efforts, Services and Resources

1) It is optional on the part of LGUs as shown by the use of the word “may”

2) It can be done for purposes commonly beneficial to them in accordance with the law.

Under LGC (Section 33)

1) Consolidation and coordination may be done through appropriate ordinances.

2) A public hearing should be conducted and the approval of the sanguine obtained.

3) An LGU can:

1. Contribute funds, real estate, equipment and other kinds of property

2. Appoint/assign personnel under such terms and conditions as may be agreed upon by the
participating LGUs through Memoranda of Agreement.
Section 14. REGIONAL DEVELOPMENT COUNCILS
Who can provide for RDC

The President shall provide for RDC or other similar bodies composed of:

Composition

1) Local government officials

2) Regional heads of departments and other government offices

3) Representatives of NGOS within the regions

For Purpose of

1) Administrative decentralization

2) To strengthen local autonomy

3) To accelerate the economic and social growth and development of the units in the region
Section 15. AUTONOMOUS REGIONS
Where:

1) Muslim Mindanao

2) Cordillera region

Factors:

1) Historical heritage

2) Cultural heritage

3) Economic and social structures,

4) Other relevant characteristics within:

1. The framework of the constitution

2. National sovereignty
3. Territorial integrity.
Creation:

1) Provided by law.

2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes
cast in a plebiscite held among the constituent units.

3) Only those Provinces, Cities, and Geographical Areas voting favourably in such plebiscite
shall form part of the autonomous region.

4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in the
Cordillera plebiscite)

5) The question of which LGU’s shall constitute an autonomous region is one which is
exclusively for Congress to decide.

Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

By Whom:

The President

Purpose:

To ensure that the laws are faithfully executed.

Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by
law to the autonomous region shall be vested in the National Government.
Examples: 1) Foreign relations,

2) National defines and Security

3) Monetary Affairs

Section 20. LEGISLATIVE POWERS

The Organic Act of Autonomous Region 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; and

9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

Limitations:

1) Subject to the provisions of the Constitution and national laws

2) To be exercised within its territorial jurisdiction

Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY

Peace and Order

It shall be the responsibility of the local police agencies.

Defence and Security

It shall be the responsibility of the national government.

 ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1: PUBLIC OFFICE AS 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: IMPEACHMENT/REMOVAL FROM OFFICE

Impeachment: (as means of removal from office)
1. Who may be impeached?

– President

– VP

– SC Justices

– Constitutional Commission members

– Ombudsman

2. Grounds

– Culpable violation of the Constitution

– Treason

– Bribery

– Graft and corruption

– Other high crimes or

– Betrayal of public trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable
offenses.
1. These officers cannot be charged in court with offenses that have removal from office as
penalty.
2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would disqualify him from his position.
4. BUT AFTER an official has been impeached, he can be charged with the appropriate
offense.
 5. Resignation by an impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached
All Other Public Officers and Employees

1. They may be removed from office as provided by law

2. BUT: NOT by impeachment

Section 3: PROCEDURE FOR IMPEACHMENT
Exclusive Power of House of Representatives

The House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:

1. Filling of verified complaint

1. Can be filed by:

1. Any member of the House of Representatives or
2. Any citizen upon a resolution of endorsement by any Member of the House or
3. By at least 1/3 of all the Members of the House of Representatives

2.) Inclusion of complaint in the order of business with 10 session days

3.) Referral to proper Committee within 3 session days thereafter

4.) Submission of Committee report to the House together with corresponding resolution

1. There should be a hearing

2. There should be a majority vote of the members
3. The report should be submitted within 60 days from referral, after hearing, and by a
majority vote of ALL its members.

5.) Calendaring of resolution for consideration by the House

Should be done within 10 session days from receipt thereof

6.) Vote of at least 1/3 of all Members of the House necessary to:

1. Affirm a favourable resolution with the Articles of Impeachment of the Committee or

2. To override its contrary resolution

Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall
proceed.
7.) Trial in the Senate

1. Senate has the sole power to try and decide all cases of impeachment
2. For this purpose, the Senators shall be under oath or affirmation
3. When the President of the Philippines is on trial, the CJ of the Supreme Court
presides. However, he/she will not vote.

8.) Judgment of Conviction

This requires the concurrence of 2/3 of all the Members of the Senate

9.) Effect of the Impeachment

1. Removal from office of the official concerned

2. Disqualification to hold any office under the Republic of the Philippines
3. Officer still liable to prosecution, trial, and punishment if the impeachable offense
committed also constitutes a felony or crime.
Section 4: SANDIGANBAYAN
Sandakan Bayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
Composition:

1.) Ombudsman/Tanned Bayan

2.) Overall deputy

3.) At least one Deputy each for Luzon, Isaias and Mindanao

4.) Deputy for military establishment may be appointed

Qualifications: (Ombudsman and his deputies)

1.) Natural born citizen of the Philippines

2.) At least 40 years old at time of appointment

3.) Of recognized probity and independence

4.) Member of the Philippine bar

5.) Must not have been candidate for any elective office in the immediately preceding election

6.) For Ombudsman: He must have been for ten years or more

1. A judge or
 2. Engage in the practice of law in the Philippines
Disqualifications/Prohibitions (under Article IX, Section 2)

1.) Cannot hold any other office or employment during his tenure

2.) Cannot engage in the practice of any profession or in the active management or control of
any business which may be affected by the functions of his office

3.) Cannot 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 GOCCs or their subsidiaries.

Appointment
1. Of Ombudsman and deputies
1. By the president from a list of at least 6 nominees prepared by the Judicial and Bar
Council. Vacancies will be filled from a list of 3 nominees
2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months after they occur.
2. of other officials and employees of the Office of the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service Law
Term: (Ombudsman and deputies)

1. 7 years with reappointment

2. They are NOT qualified to run for any office in the election immediately succeeding their
cessation from office

Rank/Salaries:

1. The Ombudsman has the rank of Chairman of a Constitutional Commission

2. The Members have the rank of members of a Constitutional Commission

3. Their salaries cannot be decreased during their term of office.

Powers, Functions and Duties of the Office of the Ombudsman

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.

1. The SC held that the power to investigate and prosecute cases involving public officers
and employees has been transferred to the Ombudsman.
 2. The Ombudsman may always delegate his power to investigate.
3. The power to investigate includes the power to impose preventive suspension.
4. This preventive suspension is not a penalty.
5. “INVESTIGATE” does not mean preliminary investigation.
6. The complaint need not be drawn up in the usual form.
7. The “ILLEGAL” act or omission need not be in connection with the duties of the public
officer or employee concerned.
8. ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors.

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 of duty
required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of
duties.

1. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are
taken by the officers concerned.
2. The public official or employee must be employed in:

(I). the Government

(II). any subdivision, agency, or instrumentality thereof; or

(III). GOCC’s with original charters

1. The SC has held that the SP may prosecute before the Sandigan Bayan judges accused of
graft and corruption, even if they are under the Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.

1. The Ombudsman does NOT himself prosecute cases against public officers or employees.
2. Final say to prosecute still rests in the executive department.
3. The Ombudsman or Tanned Bayan may use mandamus to compel the fiscal to prosecute.

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 of properties, and
report any irregularity to COA 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.) Public matters covered by its investigation when circumstances so warrant and with due
process.

7.) Determine the cause 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.

Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any
form or manner against public officials or employees of the government, or any subdivision,
agency or instrumentality including GOCCs and their subsidiaries. In appropriate cases, it
should notify the complainants of the action taken and the result thereof.
Fiscal Autonomy

The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations
should be automatically and regularly released.

Section 7: OFFICE OF THE SPECIAL PROCECUTOR

1. Under the 1987 Constitution, the existing Tanned Bayan became the Office of the Special
Prosecutor

2. Powers

1. It will continue to function and exercise its powers as now or hereafter may be provided by
law
2. Exception: Powers conferred on the Office of the Ombudsman

3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the
Ombudsman

Note: According to Jack, the SC was wrong because the Condoms intended that the SP was
to prosecute anti-graft cases.

Section 15: RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel

1.) The right of the State to recover properties unlawfully acquired by public officials and
employees from them or from their nominees or transferees shall NOT be barred by prescription,
laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.

Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

Coverage:

This prohibition applies to:

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Members of Supreme Court

6.) Members of Constitutional Commissions

7.) Ombudsman

8.) Any firm or entity in which they have controlling interest

When prohibition applies:

Prohibition applies during their TENURE.

Scope of prohibition:

1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS
PURPOSES:

1. Loans
2. Guarantees
3. Other forms of financial accommodation

From:

1. Government owned or controlled banks; or

2. Government owned or controlled financial institutions.

2.) If the loan, etc., is NOT for business purpose, e.g. a housing loan, the prohibition does not
apply.

Section 17: Statements of assets, liabilities and net worth

When submitted:
Public officer and employee shall submit a declaration under oath of his assets, liabilities and net
worth upon assumption of office and as often as required under the law.

When declaration shall be disclosed to the public:

These declarations shall be disclosed to the public in a manner provided by law in the case of:

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Justices of the Supreme Court

6.) Members of Constitutional Commissions

7.) Other constitutional offices

8.) Officers of the armed forces with general or flag rank

Section 18: Allegiance of public officers and employees

Allegiance to the State and to the Constitution
Change in Citizenship/Immigrant Status

1.) Incumbent public officers and employees who seek either:

1. Change his citizenship; or

2. Acquire immigrant status in another country

Shall be dealt with by law.

2.) If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship
means the loss of the office by the incumbent.

3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons running
for elective offices.

1. The Code provides that permanent residents of or immigrant to a foreign country cannot
file certificates of candidacy unless they expressly waive their status as such

This renunciation must be some other than, and prior to, the filling of the certificate of
candidacy.
 ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY

Sec. 1. GOALS OF THE NATIONAL ECONOMY

Three-fold goal:

1. More equitable distribution of opportunities, income and wealth;

2. Sustained increase in the amount of goods and services produced by the nation for the benefit
of the people; and

3. Expanding productivity, as the key to raising the quality of life for all.

The State shall promote industrialization and full employment

1. It should be based on sound agricultural development and agrarian reform

2. It should be through industries that make full and efficient use of human and natural
resources. Industries should also be competitive in both domestic and foreign markets.

Protection of Filipino enterprises

The State shall protect Filipino enterprises against unfair foreign competition and trade practices.

Role of Private Enterprises

Private enterprises, including corporations, cooperatives, and similar collective organizations,

shall be encouraged to broaden the base of their ownership

Section 2. REGALIAN DOCTRINE

Distinction between Imperium and Dominium.
1. Imperium

Government authority possessed by the State which is appropriately embraced in sovereignty.

2. Dominium
1. The capacity of the State to own and acquire property.
2. It refers to lands held by the government in a proprietary character: can provide for the
exploitation and use of lands and other natural resources.
Scope:

The following are owned by the State:

1. Lands of the public domain:

Waters
Minerals, coals, petroleum, and other mineral oils;

All sources of potential energy;

Fisheries;

Forests or timber;

Wildlife;

Flora and fauna; and

Other natural resources.

Alienation of Natural Resources

1. General Rule: All natural resources CANNOT be alienated

2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources

1. Shall be under the full control and supervision of the State

2. Means

A. The state may DIRECTLY UNDERTAKE such activities

B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-

SHARING arrangements with

1. Filipino citizen or
2. Corporation or association at least 60% of whose capital is owned by such citizens

3. Limitations:

A. Period: It should not exceed 25 years, renewable for not more than 25 years

B. Under terms and conditions as may be provided by law.

4. In case of water rights/water supply/fisheries/industrial uses other than the development of

water power

The beneficial use may be the measure and limit of the grant.

Small-scale Utilization of Natural Resources

1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino
citizens

2. Congress may also authorize cooperative fish farming with priority given to subsistence
fishermen and fish workers in the rivers, lakes, bays and lagoons.

Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral

Oils

1. The President may enter into agreements with foreign owned corporations involving technical
or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral
oils. These agreements should be in accordance with the general terms and conditions provided
by law.

2. They should be based on the real contributions to economic growth and general welfare of the
country.

3. In the agreements, the State should promote the development and use of local scientific and
technical resources.

4. The President should notify Congress of every contract under this provision within 30 days
from its execution.

5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth

1. The State shall protect its marine wealth in its

Archipelagic waters

Territorial sea &

EEZ

2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

1. Agricultural

2. Forest/timber

3. Mineral lands &

4. National Parks

Note:

1. Classification of public lands is an exclusive prerogative of the Executive Department

through the Office of the President, upon recommendation by the DENR.

2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus,
the fact that forest land is denuded does not mean it is no longer forest land.

Alienable lands of public domain

1. Only agricultural lands are alienable.

2. Agricultural lands may be further classified by law according to the uses to which they may
be devoted.

Limitations regarding Alienable Lands of the Public Domain

1. for private corporations or associations

A. They can only hold alienable lands of the public domain BY LEASE

B. Period: Cannot exceed 25 years, renewable for not more than 25 years

C. Area: Lease cannot exceed 1,000 hectares

Note: A corporation sole is treated like other private corporations for the purpose of acquiring
public lands.
2. For Filipino citizens

A. Can lease up to 500 hectares

B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.

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 of the lands of the
public domain which may be acquired, developed, held or lease and the conditions therefore.

Means by Which Lands of the Public Domain Become Private Land

1. Acquired from government by purchase or grant;

2. Uninterrupted possession by the occupant and his predecessors-in-interest since time

immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a
period of 30 years.

A. Upon completion of the requisite period, the land becomes private property ipso jure without
need of any judicial or other sanction.

B. Here, in possession since time immemorial, presumption is that the land was never part of
public domain.

C. In computing 30 years, start from when land was converted to alienable land, not when it was
still forest land

D. Presumption is that land belongs to the State.

Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased or
diminished, EXCEPT by law. Congress shall provide measures to prohibit logging in
1. a. Endangered forest and
2. b. Watershed areas for such period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities

1. The State protects the rights of indigenous cultural communities to their ancestral lands

A. Subject to Constitutional provisions

B. Subject to national development policies and programs

2. In determining ownership and extent of ancestral domain, Congress may use customary laws
on property rights and relations.

3. “ANCESTRAL DOMAIN”

A. It refers to lands which are considered as pertaining to a cultural region

B. This includes lands not yet occupied, such as deep forests.

Section 7. PRIVATE LANDS

General rule

1. Private lands CAN only be transferred or conveyed to:

A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is
owned by Filipino citizens

2. Exceptions

A. In intestate succession, where an alien heir of a Filipino is the transferee of private land.

B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a
transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be used
only for residential purposes. In this case, he only acquires derivative title.

C. Foreign states may acquire land but only for embassy and staff residence purposes.

3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship
after acquiring the land does not deprive ownership.

4. Restriction against aliens only applies to acquisition of ownership. Therefore:

A. Aliens may be lessees or usufructuaries of private lands

B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not
bid in the foreclosure sale.

5. Land tenure is not indispensable to the free exercise of religious profession and worship. A
religious corporation controlled by non-Filipinos cannot acquire and own land, even for religious
purposes.

Remedies to recover private lands from disqualified aliens:

1. Escheat proceedings

2. Action for reversion under the Public Land Act

3. An action by the former Filipino owner to recover the land

A. The former pari delicto principle has been abandoned

B. Alien still has the title (didn’t pass it on to one who is qualified)

Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS

Power of Congress

1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to

corporations or associations at least 60% of whose capital is owned by such citizens, or such
higher percentage as Congress may prescribe, certain areas of investment. This may be done
when the national interest dictates.

2. Congress shall also enact measures to encourage the formation and operation of enterprises
whose capital is wholly owned by Filipinos.

National Economy and Patrimony

In the grant of rights, privileges and concessions covering the national economy and patrimony,
the State shall give preference to QUALIFIED Filipinos.

Section 11. FRANCHISES FOR PUBLIC UTILITIES

Power to grant:

1. Congress may directly grant a legislative franchise; or

2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s

Public utility

1. In order to be considered as a public utility, and thus subject to this provision, the undertaking
must involve dealing directly with the public.

2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely
constructs the utility, and it leases the same to the government. It is the government which
operates the public utility (operation separate from ownership).

To whom granted:

1. Filipino citizens or

2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is
owned by Filipino citizens.

Terms and conditions:

1. Duration: Not more than 50 years

2. Franchise is NOT exclusive in character

3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal
by Congress when the common good so requires.

Participation of Foreign Investors

1. The participation of foreign investors in the governing body of any public utility enterprise
shall be limited to their proportionate share in its capital.

2. Foreigners cannot be appointed as the executive and managing officers because these
positions are reserved for Filipino citizens.

Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS

1. Private corporations

Congress can only provide for the formation, etc. of private corporations through a general law.

2. GOCC’s

They may be created by:

a. Special charters in the interest of the common good and subject to the test of economic
viability.

B. by incorporation under the general corporation law.

Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT

1. Temporary takeover or direction of operations:

A. Conditions

I. National emergency and

ii. When the public interest requires

B. May be used against privately owned public utilities or businesses affected with public
interest.

C. Duration of the takeover: period of emergency

D. Takeover is subject to reasonable terms and conditions

E. No need for just compensation because it is only temporary.

2. Nationalization of vital industries:

A. Exercised in the interest of national welfare or defines

B. Involves either:
I. Establishment and operation of vital industries; or

ii. Transfer to public ownership, upon payment of just compensation, public utilities and other
private enterprises to be operated by the government.

Section 19. MONOPOLIES

1. The Constitution does NOT prohibit the existence of monopolies.

2. The State may either regulate or prohibit monopolies, when public interest so requires.

3. Combinations in restraint of trade or unfair competition are prohibited.

Filipino citizenship or equity requirements:

ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR

EQUITY

Exploitation of natural resources 1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

Operation of Public Utilities 1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

Acquisition of alienable lands of the public domain

1. Filipino citizens;

2. Corporations incorporated in RP, with 60% Filipino ownership;

3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and

4. Alien heirs as transferees in case of intestate succession.

Practice of ALL Professions Filipino citizens only (natural persons)

*Congress may, by law, otherwise prescribe

Mass Media 1. Filipino citizens; or

2. Corporations incorporated in RP, and 100% Filipino owned

Advertising 1. Filipino citizens; or

2. Corporations incorporated in RP, and 70% Filipino owned.

Educational institution 1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

EXCEPT: Schools established by religious groups and mission boards.

*Congress may, by law, increase Filipino equity requirements for ALL educational institutions.

Other economic activities Congress may, by law, reserve to Filipino citizens

or to corporations 60% Filipino owned (or even higher) certain investment areas.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice

1) Social justice in the Constitution is principally the embodiment of the principle that those
who have less in life should have more in law.

2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks
not only economic social justice but also political social justice.

Principal activities in order to achieve social justice

1) Creation of more economic opportunities and more wealth; and

2) Closer regulation of the acquisition, ownership, use and disposition of property in order to
achieve a more equitable distribution of wealth and political power.
Labour
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are
protected by the Constitution, what rights are guaranteed, and what positive measures the
state should take in order to enhance the welfare of labour.
Right to organize and to hold peaceful concerted activities
 Ø The right to organize is given to all kinds of workers BOTH in the PRIVATE and
PUBLIC sectors.
 Ø the workers have a right to hold peaceful concerted activities except the right to strike,
which is subject to limitation by law.
Right to participate in the decision making process of employers

The workers have the right to participate on matters affecting their rights and benefits, “as may
be provided by law”. This participation can be through

1) Collective bargaining agreements,

2) Grievance machineries,

3) Voluntary modes of settling disputes, and

4) Conciliation proceedings mediated by government.

Agrarian Reform
Goals:

Agrarian reform must aim at

1) Efficient production,

2) A more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and

3) A just share of other or seasonal farmworkers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain

 To the extent that the law prescribes retention limits for landowners, there is an exercise of
police power. But where it becomes necessary to deprive owners of their land in excess of
the maximum allowed there is compensable taking and therefore the exercise of eminent
domain.
Reach of agrarian reform
 It extends not only to private agricultural lands, but also to “other natural resources,” even
including the use and enjoyment of “communal marine and fishing resources” and
“offshore fishing grounds”.
The Commission on Human Rights
Composition:

1) Chairman; and

2) 4 members

Qualifications:

1) Natural-born citizens of the Philippines;

2) Majority of the Commission must be members of the Philippine Bar;

3) Term of office, other qualifications and disabilities shall be provided by law;

4) The appointment of the CHR members is NOT subject to CA confirmation; and

5) The CHR is not of the same level as the COMELEC, CSC, or COA.

Powers:

1) Investigate all forms of human rights violations involving civil or political rights

A. Violations may be committed by public officers or by civilians or rebels.

B. CHR cannot investigate violations of social rights.

C. CHR has NO adjudicatory powers over cases involving human rights violations.

D. They cannot investigate cases where no rights are violated.

E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction
therefrom is NOT a human rights violation.

2) Adopt operational guidelines and rules of procedure.

3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.

4) Provide appropriate legal measures for the protection of the 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.

A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute
these cases.

C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights
violators. These must be obtained from the regular courts.

5) Exercise visitorial powers over jails, prisons and other detention facilities.

6) Establish continuing programs for research, education and information in order to enhance
respect for the primacy of human rights.

7) Recommend to Congress effective measures to promote human rights and to provide

compensation to victims of human rights violations or their families.

8) Monitor compliance by the government with international treaty obligations on human rights.

9) 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 CHR
investigation.

10) Request assistance from any department, bureau, office, or agency in the performance of its
functions.

11) Appoint its officers and employers in accordance with law.

12) Perform such other functions and duties as may be provided for by law

ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE, AND SPORTS

Education
Goals of the State:

The State shall promote and protect:

1) The right to quality education at all levels;

2) The right to affordable and accessible education; and

3) Education that is relevant to the needs of people and society.

Right to Education and Academic Freedom

The right to education must be read in conjunction with the academic freedom of schools to
require “fair, reasonable, and equitable admission requirements.”

Power to Dismiss Students

1) Schools have the power to dismiss students, after due process, for disciplinary reasons.

2) Acts committed outside the school may also be a ground for disciplinary action if:

a) It involves violations of school policies connected to school-sponsored activities; or

b) The misconduct affects the student’s status, or the good name or reputation of the school.

Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of its
police power, e.g. the State may limit the right to enter medical school by requiring the
applicants to take the NMAT.
Free Education

1) The State shall maintain a system of free education in:

a) Elementary level, and

b) High school level.

2) Elementary education is compulsory for all children of school age. However, this is a moral
rather than a legal compulsion.

Educational Institutions
I. Filipinization
A. Ownership:

1). Filipino citizens, or

2). Corporations incorporated in RP and 60% Filipino-owned.

EXCEPT: Schools established by religious groups and mission boards.

3). Congress may increase Filipino equity requirements in ALL educational institutions.

B. Control and Administration:

1). Must be vested in Filipino citizens

2). Refers to line positions, such as President, Dean, Principal, and Trustees
3). Faculty members may be foreigners.

C. Student Population:

1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise
up to 1/3 of total enrolment.

2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents,
and unless otherwise provided for by law for other foreign temporary residents.

II. Tax Exemptions

A. Non-stock, non-profit educational institutions:

1) All revenues and assets actually, directly and exclusively used for educational purposes are
exempt from taxes and duties.

2) This is self-executory

B. Proprietary educational institutions, including cooperatives:

1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-
investment

2) Requires an enabling statute

3) Grants, endowments, donations and contributions actually, directly and exclusively used for
educational purposes are exempt from taxes, subject to conditions prescribed by law.

III. Academic Freedom

A. Educational Institutions

Schools have the freedom to determine:

1) Who may teach?

2) What may be taught?

3) How it shall be taught, and

4) Who may be admitted to study?

B. Faculty members

1) Full freedom in research and in the publication of the results, subject to the adequate
performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be careful not to
introduce into their teaching controversial matter which has no relation to their subjects.

3) When faculty members speak or write in their capacity as citizens, then they are free from
institutional censorship or discipline.

C. Students

They have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations

1) Dominant police power of the State

2) Social interest of the community

E. Budgetary Priority:

1). Education must be assigned the highest budgetary priority.

2). BUT: This command is not absolute. Congress is free to determine what should be given
budgetary priority in order to enable it to respond to the imperatives of national interest and for
the attainment of other state policies or objectives.

Religious Education in Public Schools:

Religion may be taught in public schools subject to the following requisites:

1) Express written option by parents and guardians;

2) Taught within regular class hours;

3) Instructors are designated and approved by the proper religious authorities; and

4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language

1) National language: Filipino

2) Official Languages: Filipino, and unless otherwise provided by law, English.

3) Regional languages are auxiliary to the official languages.

4 (Spanish and Arabic are promoted only on an optional and voluntary basis
 ARTICLE XVI – GENERAL PROVISIONS

Sections 1-2. Symbols of Nationality

1) Flag

 Red, white, and blue.

 With a sun and 3 stars
 The design may be changed by constitutional amendment.

2) Congress may, by law, adopt a new:

(a) Name for the country,

(b) National anthem, or

(c) National seal.

Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Section 3. State Immunity

Suability of State

1) The State cannot be sued without its consent.

2) When considered a suit against the State

A). The Republic is sued by name;

b). Suits against an un-incorporated government agency;

c). Suit is against a government official, but is such that ultimate liability shall devolve on the
government

I. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held
personally liable for damages.

ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they
are not personally liable, and the suit is really one against the State.

3) This rule applies not only in favour of the Philippines but also in favour of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the
defendants being compelled to interplead.

Consent to be sued
A. Express consent:

1). the law expressly grants the authority to sue the State or any of its agencies.

2). Examples:

A). A law creating a government body expressly providing that such body “may sue or be sued.”

b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a
special agent.

B. Implied consent:

1). The State enters into a private contract.

A). the contract must be entered into by the proper officer and within the scope of his authority.

b). UNLESS: The contract is merely incidental to the performance of a governmental function.

2). The State enters into an operation that is essentially a business operation.

a). UNLESS: The operation is incidental to the performance of a governmental function

(e.g. arrester services)

b). Thus, when the State conducts business operations through a GOCC, the latter can generally
be sued, even if its charter contains no express “sue or be sued” clause.

3). Suit against an incorporated government agency.

a) This is because they generally conduct propriety business operations and have charters which
grant them a separate juridical personality.

4). The State files suit against a private party.

UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special
deposit, they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a
valid government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately be
held liable.

2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution or garnishment against public funds. Reason: No money shall be paid out of the
public treasury unless pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to
vote.

2) Members of the AFP in active service cannot be appointed to a civilian position in the
government, including GOCCs or their subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years

2) EXCEPTION: In times of war or other national emergency was declared by Congress, the
President may extend such tour of duty.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the Constitution. The changes brought about by
amendments will not affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it
should be altered. A revision implies substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to propose amendments to or
revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass,
repeal or amend or ordinary laws or statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional conferment), by a
Constitutional Convention or Commission, by the people through initiative and referendum, and
ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress
and of the people, also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief Executive,
whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive,
except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and

3) Ratification

Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
 The power of Congress to propose amendments is NOT part of its ordinary legislative
power.
 The only reason Congress can exercise such power is that the Constitution has granted it
such power.
B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or

b). By a majority vote of all its members, Congress may submit to the electorate the question of
whether to call a ConCon or not.

2) Choice of which constituent assembly (either Congress or ConCon) should initiate

amendments and revisions is left to the discretion of Congress. In other words, it is a political
question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution
has provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the
details for the calling of such ConCon, Congress – exercising its ordinary legislative power –
may supply such details. But in so doing, Congress (as legislature) should not transgress the
resolution of Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for
their expenses. Money may be spent from the treasury only to pursuant to an appropriation made
by law.

C. People’s Initiative

1) Petition to propose such amendments must be signed be at least 12% of ALL registered
voters.

2) Every legislative district represented by at least 3% of the registered voters therein.

3) Limitation:

It cannot be exercised oftener than once every 5 years.

Note:

1) While the substance of the proposals made by each type of constituent assembly is not
subject to judicial review, the manner the proposals are made is subject to judicial review.

2) Since these constituent assemblies owe their existence to the Constitution, the courts may
determine whether the assembly has acted in accordance with the Constitution.

3) Examples of justiciable issues:

a) Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly).

b) Whether the approved proposals were properly submitted to the people for ratification.

Proposal of Revisions

1) By Congress, upon a vote of 3/4 of its members

2) By a constitutional convention

Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such
amendments or revisions.

2) Amendments proposed by the people via initiative:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by
COMELEC of the petition’s sufficiency

3) Requisites of a valid ratification:

a) Held in a plebiscite conducted under the election law;

b) Supervised by the COMELEC; and

c) Where only franchised voters (registered) voters take part.

4) Issues regarding ratification:

a) The Constitution does not require that amendments and revisions be submitted to the
people in a special election. Thus, they may be submitted for ratification simultaneously with a
general election.

b) The determination of the conditions under which proposed amendments/revisions are

submitted to the people falls within the legislative sphere. That Congress could have done better
does not make the steps taken unconstitutional.

c) All the proposed amendments/revisions made by the constituent assemblies must be

submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of
amendments/revisions.

d) Presidential proclamation is NOT required for effectivity of amendments/revisions,

UNLESS the proposed amendments/revisions so provide

ARTICLE XVIII – TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

 The 1987 Constitution took effect immediately upon its ratification.
 According to the SC, this took place on February 2, 1987, which was the day the people
cast their votes ratifying the Constitution.
Military bases agreements

1) Renewals of military bases agreements must be through a strict treaty.

2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires.

3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces