► A system of checks and balances

The President can veto laws passed by Congress.

A6-S27-P1. Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and
return the same with his objections to the House where it originated, which shall enter the objections
at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to
the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for or against shall be entered in
its Journal. The President shall communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed
it.
A6-S27-P2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does
not object.

Congress confirms or rejects the President's appointments and can remove the President from office
(through impeachment) in exceptional circumstances.

A7-S16. The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. He shall also appoint all other officers of the
Government whose appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower
in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions,
or boards. The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only until
disapproved by the Commission on Appointments or until the next adjournment of the Congress.

The Justices of the Supreme Court, can overturn unconstitutional laws, are appointed by the
President and confirmed by the Senate. The Constitution expressly grants the Supreme Court the
power of Judicial Review as the power to declare a treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance or regulation unconstitutional.

► Safeguards to ensure the independence of the Constitutional Commission.

A9-S1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission,
the Commission on Elections, and the Commission on Audit.
A9-S5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.

► Valid causes for removal or suspension of Civil Service Employees

Republic Act 2260, Article 7
Section 32. Disciplinary Action. No officer or employee in the civil service shall be removed or
suspended except for cause as provided by law and after due process: Provided, That a transfer from
one position to another without reduction in rank or salary shall not be considered disciplinary when
made in the interest of public service: Provided, further, That no complaint against a civil service
official or employee shall be given due course unless the same is in writing and subscribed and sworn
to by the complainant: And provided, finally, That the respondent shall be entitled to a formal
investigation if he so elects, in which case he shall have the right to appear and defend himself at said
investigation in person or by counsel, to confront and cross-examine the witnesses against him, and
to have the attendance of witnesses and production of documents in his favor by compulsory process
of subpoena or subpoena duces tecum.

Section 33. Administrative Jurisdiction for Disciplining Officers and Employees. The Commissioner
may, for dishonestly, oppression, misconduct, neglect of duty, conviction of a crime involving moral
turpitude, notoriously disgraceful or immoral conduct, improper or unauthorized solicitation of
contributions from subordinate employees and by teachers or school officials from school children,
violation of the existing Civil Service law and rules or of reasonable office regulations, or in the
interest of the service, remove any subordinate officer or employee from the service, demote him in
rank, suspend him for not more than one year without pay or fine him in an amount not exceeding six
months' salary.

In meting out punishment, like penalties shall be imposed for like offenses and only one penalty shall
be imposed in each case.

► Double compensation
A9-S8-P1. No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from any foreign government.
A9-S8-P2. Pensions or gratuities shall not be considered as additional, double, or indirect
compensation.

► Prohibition on appointed officials to hold any other office

A6-S13. 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 or the emoluments
thereof increased during the term for which he was elected.
A6-S14. No Senator or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-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.
A7-S13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office
or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice
any other profession, participate in any business, or be financially interested in any contract with, or in
any franchise, or special privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in the conduct of their office.
EXCEPTION: A7-S3-P2. The Vice-President may be appointed as a Member of the Cabinet.

► Commission on Audit - the expenditure of public funds or the use of government properties

Section 2.

The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations with original charters, and
on a post- audit basis: constitutional bodies, commissions and offices that have been granted fiscal
autonomy under this Constitution; autonomous state colleges and universities; other
government-owned or controlled corporations and their subsidiaries; and such non-governmental
entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are
required by law or the granting institution to submit to such audit as a condition of subsidy or equity.

However, where the internal control system of the audited agencies is inadequate, the Commission
may adopt such measures, including temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for
such period as may be provided by law, preserve the vouchers and other supporting papers
pertaining thereto.

The Commission shall have exclusive authority, subject to the limitations in this Article, to define the
scope of its audit and examination, establish the techniques and methods required therefor, and
promulgate accounting and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses
of government funds and properties.

► Electoral contest - COMELEC - Exclusive Original Jurisdiction

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.

Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final
orders, or rulings of the Commission on election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters.

Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of
the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring
free, orderly, honest, peaceful, and credible elections.

Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to
other requirements, must present their platform or program of government; and accredit citizens'
arms of the Commission on Elections. Religious denominations and sects shall not be registered.
Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and
adhere to this Constitution, or which are supported by any foreign government shall likewise be
refused registration. Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections, constitute interference in national
affairs, and, when accepted, shall be an additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that may be prescribed by law.

File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of
voters; investigate and, where appropriate, prosecute cases of violations of election laws, including
acts or omissions constituting election frauds, offenses, and malpractices.

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

Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision.

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

► Funds for local government - has the capacity for local taxation - Article 10
Section 5. Each local government unit shall have the power to create its own sources of revenues and
to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide,
consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.

► Comelec - franchise permits on public utilities or in the media or communication

Sec. 4. The Commission may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation and other public utilities,
media of communication or information, all grants, special privileges, or concessions granted by the
Government or any subdivision, agency, or instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal
opportunity, time, and space ,and the right to reply, including reasonable, equal rates therefor, for
public information campaigns and forums among candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible elections.

► Creation, abolition, division, merger of Municipality, Barangay, City and Province - Article10
Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished,
or its boundary substantially altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes cast in a plebiscite in the political
units directly affected.

► Exploration, development and utilization of natural resources - when possible Article 12, Par. 4
The President may enter into agreements with foreign-owned corporations involving either technical
or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum,
and other mineral oils according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In such agreements, the
State shall promote the development and use of local scientific and technical resources.

► Regalian doctrine - Article 12, Par. 1

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of natural resources shall be
under the full control and supervision of the State. The State may directly undertake such activities, or
it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens,
or corporations or associations at least sixty per centum of whose capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may be provided by law. In cases of water
rights for irrigation, water supply fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the grant.

► Impeachment - Grounds, Requirements - Article 11

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

► Preference on grants in National Economy and Patrimony - Article 12

Section 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding productivity as the key to raising the quality of
life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human and
natural resources, and which are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given
optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and
similar collective organizations, shall be encouraged to broaden the base of their ownership.

► Limitation on grants of franchise - public utility - police power of the state to regulate

Power to Grant The power to grant franchises is vested in the legislative department of the
government, subject to limitations imposed by the state constitution. A franchise can be derived
indirectly from the state through the agency that has been duly designated for that purpose, such as
the local transportation agency that can grant a franchise for bus routes. Franchises are usually
conferred on corporations, but natural persons can also acquire them. The grant of a franchise
frequently contains express conditions and stipulations that the grantee, or holder, of the franchise
must perform.

Not every privilege granted by a governmental authority is a franchise. A franchise differs from a
license, which is merely a personal privilege or temporary permission to do something; it can be
revoked and can be derived from a source other than the legislature or state agencies. A franchise
differs from a lease, which is a contract for the possession and profits of property in exchange for the
payment of rent.

Regulation Once a franchise is granted, its exercise is usually subject to regulation by the state or
some duly authorized body. In the exercise of police power—which is the authority of the state to
legislate to protect the health, safety, welfare, and morals of its citizens—local authorities or the
political subdivisions of the state can regulate the grant or exercise of franchises.

► Foreign military bases in the Philippines - requirements thereof - Executive agreements or

ratified by the Congress

The 1987 Constitution explicitly prohibits foreign military bases in the Philippines.
Article XVIII, Section 25, of the Constitution states that “foreign military bases, troops, or facilities shall
not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the
Congress so requires, ratified by a majority of the votes cast by the people in a national referendum
held for that purpose, and recognized as a treaty by the other contracting State.”

► Constitutional Supremacy - the self-executing provisions and non-self executing provisions

Under this doctrine, if a law or contract violates any norm of the Constitution, that law
or contract, whether promulgated by the legislative or by the executive branch or
entered into by private persons for private purposes, is null and void and without any
force and effect. Thus, since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in ever y statute and contract. (Manila
Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997)

Justice Isagani A. Cruz eloquently expound the essence of this great doctrine in this
wise:
“ The Constitution is the basic and paramount law to which all other laws must
conformand to which all persons, including the highest officials of the land, must defer.
No act shall be valid, however nobly intentioned, if it conflicts with the Constitution.
The Constitution must ever remain supreme. All must bow to the mandate of this law.
Expediency must not be allowed to sap its strength nor greed for power debase its
rectitude. Right or wrong, the Constitution must be upheld as long as it has not been
changed by the sovereign people lest its disregard result in the usurpation of the
majesty of the law by the pretenders to illegitimate power.” (Isagani A. Cruz, Philippine
Political Law, Central Lawbook Publishing, Co., Inc. 1991 Ed., p. 11)

BAR QUESTION (2004)

BNN Republic has a defense treaty with EVA Federation. According to the
Republic's Secretar y of Defense, the treaty allows temporar y basing of friendly foreign
troops in case of training exercises for the war on terrorism. The Majority Leader of the
Senate contends that whether temporar y or not, the basing of foreign troops however
friendly is prohibited by the Constitution of BNN which provides that, "No foreign
militar y bases shall be allowed in BNN territor y." In case there is indeed an
irreconcilable conflict between a provision of the treaty and a provision of the
Constitution, in a jurisdiction and legal system like ours, which should prevail: the
provision of the treaty or of the Constitution? Why? Explain with reasons, briefly.

ANSWER: In case of conflict between a provision of a treaty and a provision of the

Constitution, the provision of the Constitution should prevail. Section 5(2)(a), Ar ticle
VIII of the 1987 Constitution authorizes the nullification of a treaty when it conflicts
with the Constitution. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).

► Article 17, Section 2 - essential requirements or elements

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

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

► Revision to the constitution through people’s initiative (can it be directly proposed?)

Republic Act No. 6735 -August 4, 1989 - AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND
REFERENDUM AND APPROPRIATING FUNDS THEREFOR

Section 1. Title. — This Act shall be known as "The Initiative and Referendum Act."

Section 2. Statement of Policy. — The power of the people under a system of initiative and
referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws,
ordinances, or resolutions passed by any legislative body upon compliance with the requirements of
this Act is hereby affirmed, recognized and guaranteed.

Section 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:

(a) "Initiative" is the power of the people to propose amendments to the Constitution or to
propose and enact legislations through an election called for the purpose.

There are three (3) systems of initiative, namely:

a.1 Initiative on the Constitution which refers to a petition proposing amendments to the
Constitution;

a.2. Initiative on statutes which refers to a petition proposing to enact a national legislation;
and

a.3. Initiative on local legislation which refers to a petition proposing to enact a regional,
provincial, city, municipal, or barangay law, resolution or ordinance.

(b) "Indirect initiative" is exercise of initiative by the people through a proposition sent to
Congress or the local legislative body for action.

(c) "Referendum" is the power of the electorate to approve or reject a legislation through an
election called for the purpose. It may be of two classes, namely:

c.1. Referendum on statutes which refers to a petition to approve or reject an act or law, or
part thereof, passed by Congress; and

c.2. Referendum on local law which refers to a petition to approve or reject a law, resolution
or ordinance enacted by regional assemblies and local legislative bodies.

(d) "Proposition" is the measure proposed by the voters.

(e) "Plebiscite" is the electoral process by which an initiative on the Constitution is approved or
rejected by the people.

(f) "Petition" is the written instrument containing the proposition and the required number of
signatories. It shall be in a form to be determined by and submitted to the Commission on
Elections, hereinafter referred to as the Commission.

(g) "Local government units" refers to provinces, cities, municipalities and barangays.

(h) "Local legislative bodies" refers to the Sangguniang Panlalawigan, Sangguniang Panlungsod,
Sangguniang Bayan, and Sangguniang Nayon.

(i) "Local executives" refers to the Provincial Governors, City or Municipal Mayors and Punong
Barangay, as the case may be.
Section 4. Who may exercise. — The power of initiative and referendum may be exercised by all
registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays.

Section 5. Requirements. — (a) To exercise the power of initiative or referendum, at least ten per
centum (10%) of the total number of the registered voters, of which every legislative district is
represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for
the purpose and register the same with the Commission.

(b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%)
of the total number of registered voters as signatories, of which every legislative district must be
represented by at least three per centum (3%) of the registered voters therein. Initiative on the
Constitution may be exercised only after five (5) years from the ratification of the 1987
Constitution and only once every five (5) years thereafter.

(c) The petition shall state the following:

c.1. contents or text of the proposed law sought to be enacted, approved or rejected,
amended or repealed, as the case may be;

c.2. the proposition;

c.3. the reason or reasons therefor;

c.4. that it is not one of the exceptions provided herein;

c.5. signatures of the petitioners or registered voters; and

c.6. an abstract or summary in not more than one hundred (100) words which shall be
legibly written or printed at the top of every page of the petition.

(d) A referendum or initiative affecting a law, resolution or ordinance passed by the legislative
assembly of an autonomous region, province or city is deemed validly initiated if the petition
thereof is signed by at least ten per centum (10%) of the registered voters in the province or city,
of which every legislative district must be represented by at least three per centum (3%) of the
registered voters therein; Provided, however, That if the province or city is composed only of one
(1) legislative district, then at least each municipality in a province or each barangay in a city
should be represented by at least three per centum (3%) of the registered voters therein.

(e) A referendum of initiative on an ordinance passed in a municipality shall be deemed validly

initiated if the petition therefor is signed by at least ten per centum (10%) of the registered voters
in the municipality, of which every barangay is represented by at least three per centum (3%) of
the registered voters therein.

(f) A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if

signed by at least ten per centum (10%) of the registered voters in said barangay.
Section 6. Special Registration. — The Commission on Election shall set a special registration day at
least three (3) weeks before a scheduled initiative or referendum.

Section 7. Verification of Signatures. — The Election Registrar shall verify the signatures on the basis
of the registry list of voters, voters' affidavits and voters identification cards used in the immediately
preceding election.

National Initiative and Referendum

SECTION 8. Conduct and Date of Initiative or Referendum. — The Commission shall call and
supervise the conduct of initiative or referendum.

Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon
determining the sufficiency of the petition, publish the same in Filipino and English at least twice in
newspapers of general and local circulation and set the date of the initiative or referendum which
shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination
by the Commission of the sufficiency of the petition.

Section 9. Effectivity of Initiative or Referendum Proposition. — (a) The Proposition of the enactment,
approval, amendment or rejection of a national law shall be submitted to and approved by a majority
of the votes cast by all the registered voters of the Philippines.

If, as certified to by the Commission, the proposition is approved by a majority of the votes cast,
the national law proposed for enactment, approval, or amendment shall become effective fifteen
(15) days following completion of its publication in the Official Gazette or in a newspaper of
general circulation in the Philippines. If, as certified by the Commission, the proposition to reject
a national law is approved by a majority of the votes cast, the said national law shall be deemed
repealed and the repeal shall become effective fifteen (15) days following the completion of
publication of the proposition and the certification by the Commission in the Official Gazette or
in a newspaper of general circulation in the Philippines.

However, if the majority vote is not obtained, the national law sought to be rejected or amended
shall remain in full force and effect.

(b) The proposition in an initiative on the Constitution approved by a majority of the votes cast in
the plebiscite shall become effective as to the day of the plebiscite.

(c) A national or local initiative proposition approved by majority of the votes cast in an election
called for the purpose shall become effective fifteen (15) days after certification and
proclamation by the Commission.

Section 10. Prohibited Measures. — The following cannot be the subject of an initiative or referendum
petition:

(a) No petition embracing more than one (1) subject shall be submitted to the electorate; and
 (b) Statutes involving emergency measures, the enactment of which are specifically vested in
Congress by the Constitution, cannot be subject to referendum until ninety (90) days after its
effectivity.

Section 11. Indirect Initiative. — Any duly accredited people's organization, as defined by law, may file
a petition for indirect initiative with the House of Representatives, and other legislative bodies. The
petition shall contain a summary of the chief purposes and contents of the bill that the organization
proposes to be enacted into law by the legislature.

The procedure to be followed on the initiative bill shall be the same as the enactment of any
legislative measure before the House of Representatives except that the said initiative bill shall have
precedence over the pending legislative measures on the committee.

Section 12. Appeal. — The decision of the Commission on the findings of the sufficiency or
insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court within
thirty (30) days from notice thereof.

Local Initiative and Referendum

SECTION 13. Procedure in Local Initiative. — (a) Not less than two thousand (2,000) registered voters
in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred
(100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional
Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or
amendment, of any law, ordinance or resolution.

(b) If no favorable action thereon is made by local legislative body within (30) days from its
presentation, the proponents through their duly authorized and registered representative may
invoke their power of initiative, giving notice thereof to the local legislative body concerned.

(c) The proposition shall be numbered serially starting from one (1). The Secretary of Local
Government or his designated representative shall extend assistance in the formulation of the
proposition.

(d) Two or more propositions may be submitted in an initiative.

(e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety
(90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30)
days in case of barangays, from notice mentioned in subsection (b) hereof to collect the required
number of signatures.

(f) The petition shall be signed before the Election Registrar, or his designated representative, in
the presence of a representative of the proponent, and a representative of the regional
assemblies and local legislative bodies concerned in a public place in the autonomous region or
local government unit, as the case may be. Signature stations may be established in as many
places as may be warranted.

(g) Upon the lapse of the period herein provided, the Commission on Elections, through its office
in the local government unit concerned shall certify as to whether or not the required number of
 signatures has been obtained. Failure to obtain the required number is a defeat of the
proposition.

(h) If the required number of the signatures is obtained, the Commission shall then set a date for
the initiative at which the proposition shall be submitted to the registered voters in the local
government unit concerned for their approval within ninety (90) days from the date of
certification by the Commission, as provided in subsection (g) hereof, in case of autonomous
regions, sixty (60) days in case of the provinces and cities, forty-five (45) days in case of
municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the
date set, after which the results thereof shall be certified and proclaimed by the Commission on
Elections.

Section 14. Effectivity of Local Propositions. — If the proposition is approved by a majority of the
votes cast, it shall take effect fifteen (15) days after certification by the Commission as if affirmative
action thereon had been made by the local legislative body and local executive concerned. If it fails to
obtain said number of votes, the proposition is considered defeated.

Section 15. Limitations on Local Initiatives. — (a) The power of local initiative shall not be exercised
more than once a year.

(b) Initiative shall extend only to subjects or matters which are within the legal powers of the
local legislative bodies to enact.

(c) If at any time before the initiative is held, the local legislative body shall adopt in toto the
proposition presented, the initiative shall be cancelled. However, those against such action may,
if they so desire, apply for initiative in the manner herein provided.

Section 16. Limitations Upon Local Legislative Bodies. — Any proposition or ordinance or resolution
approved through the system of initiative and referendum as herein provided shall not be repealed,
modified or amended, by the local legislative body concerned within six (6) months from the date
therefrom, and may be amended, modified or repealed by the local legislative body within three (3)
years thereafter by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of
barangays, the period shall be one (1) year after the expiration of the first six (6) months.

Section 17. Local Referendum. — Notwithstanding the provisions of Section 4 hereof, any local
legislative body may submit to the registered voters of autonomous region, provinces, cities,
municipalities and barangays for the approval or rejection, any ordinance or resolution duly enacted
or approved.

Said referendum shall be held under the control and direction of the Commission within sixty (60)
days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in
case of barangays.

The Commission shall certify and proclaim the results of the said referendum.

Section 18. Authority of Courts. — Nothing in this Act shall prevent or preclude the proper courts
from declaring null and void any proposition approved pursuant to this Act for violation of the
Constitution or want of capacity of the local legislative body to enact the said measure.
► Philippine citizenship - Article 3
► Public office - reacquisition of Filipino citizenship (RA 9225). Difference from retained from
reacquired

► Are foundlings considered as Filipino citizens? Yes!

Voting 9-3, with three abstentions, the Supreme Court ruled last Sept. 20 in David v Senate
Electoral Tribunal (SET) that Grace Poe, a foundling, is a natural-born citizen of the Philippines and
therefore qualified to sit in the Senate and to aspire for any public office or privilege requiring such
type of citizenship.
Presumed natural-born. The landmark decision, written by Justice Marvic M.V.F. Leonen, the
Benjamin of the high court, upheld the presumption that “all foundlings found in the Philippines are
born to at least either a Filipino father or a Filipino mother (and are, thus, natural-born unless there is
substantial proof otherwise) because this presumption arises when the Constitution is read as a whole,
so as to effectuate its purpose.”
The Court emphatically held: “Concluding that foundlings are not natural-born Filipino citizens is
tantamount to telling our foundling citizens that they can never be of service to the country in the
highest possible capacities. It is also tantamount to excluding them from certain means, such as
professions and state scholarships, which will enable the actualization of their aspirations…
Concluding that foundlings are not natural-born citizens creates an inferior class of citizens who are
made to suffer that inferiority through no fault of their own. If that is not discrimination, we do not
know what is.
This decision affirmed a 5-4 judgment (dated Nov. 17, 2015) of the SET upholding Poe’s
natural-born citizenship and her right to run for, be elected, and hold office as a senator. For details
on this ruling, please see my column “Analyzing the SET decision” (11/29/15).
The Leonen ponencia also held that Poe validly “reacquired her natural-born citizenship, after having
been naturalized as an American citizen, when, following her naturalization as a citizen of the United
States of America, she complied with the requisites of Republic Act (RA) 9225.” Under this law,
natural-born citizens who became aliens reacquire their original citizenship when repatriated.

► Farmlands - are those included in the exceptions to lands subject for Eminent domain? Police
power of the state? DPWH Case wherein farmland was expropriated for a public road, can the
owner compel the government payment for eminent domain?

► State immunity: (1) Navy Philippines vs. Billionaire, the latter suffered losses because his boat was
caught in a military operation - can he sue the state?; (2) Drugmakers vs. Department of Health,
entered into a contract but the latter failed to pay the remaining balance - can the former sue
the state for the unpaid balance as stated in the contract?

► RA 9225 - Reacquisition of Philippine Citizenship - Republic Act No. 9225 - Citizenship Retention
and Re-acquisition Act of 2003

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby
deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the
Republic:
 "I _____________________, solemny swear (or affrim) that I will support and defend the Constitution
of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly
constituted authorities of the Philippines; and I hereby declare that I recognize and accept the
supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that
I imposed this obligation upon myself voluntarily without mental reservation or purpose of
evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a
foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted,
below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this
Act shall be deemed citizenship of the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section
1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas
Absentee Voting Act of 2003" and other existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such
public office as required by the Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their assumption of office:
Provided, That they renounce their oath of allegiance to the country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper
authority for a license or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be
exercised by, or extended to, those who:

(a) are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the armed forces
of the country which they are naturalized citizens.