LOCAL GOVERNMENT
 Political subdivisions refer to the two
autonomous regions, the provinces, the
cities, the municipalities, and the
barangays.
 The number of the autonomous regions
cannot be increased through ordinary
legislation. There are only two
(Cordillera Administrative Region &
Autonomous Region in Muslim
Mindanao).
o Only the ARMM has been
approved through a plebiscite
and not the CAR. The CAR is
being governed by an
administrative office while the
ARMM has a governor, vice-
governor, Regional Assembly,
and Sharia Courts.
 MMDA is not included in the
enumeration of political subdivisions
because it is not a local government
unit. It does not exercise police power or
eminent domain. Its powers are vested
by the law creating it and through
delegation from the cities and
municipalities comprising it.
 The MMDA is an administrative office for
the coordination of the basic delivery of
services insofar as the LGUs that
comprise Metro Manila are concerned.
POLITICAL SUBDIVISIONS
 Political subdivisions cannot be
abolished as a unit by ordinary
legislation. However, they can be
converted into each other through
legislation subject to the ratification of
the people who are affected by the
conversion in a plebiscite.
 The structure, organization, and powers
of the local government units are
governed by the Local Government
Code except for the autonomous
regions which have their own organic
laws.
 The basic requirements in creating the
local governments are found in the Local
Government Code (take note and
memorize).
 Read the case of Navarro vs. Ermita,
G.R. No. 180050 (Apr. 12, 2001) where
the Court held that the Dinagat Islands
were exempted from the land area
requirements because it consists of
islands so it cannot be expected to
comply with the land area requirements.
LOCAL AUTONOMY
 There is no transfer of powers from the
national government to local
government but there is decentralization
of administration or devolution of
services.
 The judiciary may still rule on the legality
of the LGU’s actions and the President
may still exercise disciplinary powers
over the LGU officials and supervision
over the LGU units.
 Supervision means that the President
only oversees the LGU in order to
ensure that they are performing their
duty in accordance with law.
 The President exercises direct
supervision over provinces, autonomous
regions, and independent cities. He may
impose administrative sanctions over
the officials of these LGUs such as
suspension for 120 days and may even
remove them from their post.
o Provinces exercise direct
supervision over component
cities and municipalities.
o Cities and municipalities
exercise direct supervision over
barangays.
 The LGUs are allowed to levy their own
taxes and create their own revenue
even without a law. The Congress can
limit this power through a law.
 Another source of revenue is the
Internal Revenue Allotment. Once this
amount has been determined by
Congress, it should be released
automatically to the LGUs. IRA is the
share of the LGU from the taxes
remitted by the LGUs to the national
government.
 LGUs get 40% of the mining tax,
royalties, forestry, and other taxes fees
and charges collected by the Executive
Department through the utilization of the
national wealth within their jurisdiction.
CONTROL VS. SUPERVISION
 Congress has control over the LGUs
through the Local Government Code.
 The President only has general
supervision.
 In supervision, the President merely
oversees and he cannot change the
decision of the LGU. The review can
only be done by the Courts.
o The President and/or the DOJ
cannot invalidate a tax
ordinance passed by the LGU.
o Congress may choose to nullify
such ordinance.
TERM OF OFFICE
 The term of office of LGU officials is 3
years. No LGU official shall 3
consecutive terms. This term of office
cannot be changed through ordinary
legislation except for the term of office of
a barangay official.
 Congress cannot pass a law extending
the term of office of the incumbent
officials. It may postpone elections but it
cannot extend the term of the
incumbents by way of holdover.
 In case of vacancies, the President may
appoint officers to be in charge. He may
also appoint the incumbents to be the
officer-in-charge. This discretion belongs
to the President and not the Congress.
CONSECUTIVE TERMS
 Succession does not count as a term for
the purpose of the three-term limit rule.
It must be by election.
o The succession of the Vice-
Mayor to the office of the Mayor
does not count as a term for the
purpose of the three-term limit
rule.
 Voluntary renunciation for any length of
time is not considered as an interruption
of the term of office for the purpose of
the three-term limit rule.
o A barangay captain who left his
office and did not finish his term
in order to run for a different
elective position is considered to
have voluntarily resigned.
 Disqualification serves as an interruption
of the term of office for the purpose of
the three-term limit rule.
o A six-month preventive
suspension is not considered to
be an interruption because the
official is not considered to have
been removed from office.
o An official who was elected for
three consecutive terms can still
run for the same position
against the incumbent in case of
a recall election.
 Read the case of Ong vs. Alegre, G.R.
No. 163295 (Jan. 23, 2006) where the
Court held that an elective official who
was ousted on his third term only upon
order of the Supreme Court is not
qualified to run for the next elections
because he has practically served the
three terms without interruption.
ACCOUNTABILITY OF PUBLIC OFFICERS
 Take note and memorize Article XI,
Section 1 of the 1987 Constitution.
 Impeachment is a method through which
certain high-ranking officials as indicated
in the Constitution are removed from
office on the grounds of:
o Culpable violation of the
Constitution
o Treason
o Graft and Corruption
o Betrayal of Public Trust
o Bribery
o Other high crimes
o Take note and memorize these
grounds
 The enumeration of impeachable
officials is exclusive.
 Read the case of Republic vs. Sereno,
G.R. No. 237428 (May 11, 2018) where
the Court held that an incomplete
submission of SALN by the former Chief
Justice constitutes a lack of integrity.
 An impeachment presupposes that the
appointment of the official was valid and
that the official was removed because of
a violation of the Constitution through
the grounds enumerated above. A quo
warranto petition questions the
qualification or eligibility of the
appointee.
 Quo warranto and impeachment may
proceed independently of each other.
Quo warranto is under the jurisdiction of
the Supreme Court and govern by the
Rules of Court while impeachment is
under the jurisdiction of Congress and
governed by their own rules.
  Prescription does not lie against the
State in a quo warranto petition.
 The Supreme Court has supervisory
authority to check the qualifications of
the nominees of the Judicial and Bar
Council.
 The filing of the SALN is both a
constitutional and statutory requirement
which Sereno failed to comply with. This
means that she has not proven her
integrity and, therefore, is ineligible to be
the Chief Justice.
IMPEACHMENT PROCEEDINGS
 Any person can file an impeachment
complaint but it needs the endorsement
of a member of the House of
Representatives. A member of the
House of Representatives can also file
his own verified complaint.
 The verified complaint is referred to the
Committee on Justice of the House of
Representatives. Then, the
impeachment proceeding is deemed
initiated.
 An impeachment proceeding is deemed
initiated upon filing of the verified
complaint and referral to the Committee
on Justice.
 If the complaint is signed by 1/3 of all
the members of the House of
Representatives, there is no need to go
through the Committee on Justice. The
Articles of Impeachment will then be
filed to the Senate which shall act as an
Impeachment Tribunal.
 The Committee on Justice has 60 days
to decide whether or not the
impeachment shall push through.
However, even if the decision of the
Committee is to reject the complaint, the
House of Representatives may still, in a
plenary session, file the impeachment
case in the Senate by a vote of 1/3 of its
members.
 The Senate President shall preside over
the impeachment trial. If the President is
subjected to impeachment, the Chief
Justice shall preside.
 2/3 votes of the members of the Senate
is needed to convict the impeachable
officer, without prejudice to the criminal
case that may be filed after he is
removed. He cannot be granted pardon
if convicted in the impeachment trial.
POWERS OF THE OMBUDSMAN
 The Ombudsman has the power to
investigate all public officials.
 The investigation could be
administrative or criminal.
 The Ombudsman acts like a judge in
administrative investigations. It is up to
them to determine whether or not a
public official is guilty of an offense. The
penalty ranges from reprimand,
suspension, or dismissal office. While
the case is pending, the erring official
can be placed under preventive
suspension for not more 6 months.
 The power of the Ombudsman to
discipline public officials administratively
is not exclusive to it. It is concurrently
shared with other agencies which are
granted the powers to administratively
discipline the same public officials. The
agency where the first complaint was
filed shall have jurisdiction.
 The impeachable officials cannot be
administratively investigated by the
Ombudsman because they can only be
removed through impeachment.  The
members of Congress cannot be
administratively investigated because
they can only be removed through
expulsion. Judges and the members of
the judiciary cannot be administratively
investigated because they can only be
disciplined by the Supreme Court.
 The Ombudsman can conduct a criminal
investigation against all public officials
with the sole exception of the President
who is immune from suit.
 In a criminal investigation, the
Ombudsman acts like a prosecutor to
determine if there is probable cause to
file a case either in the regular court or
in the Sandiganbayan. High-ranking
officials are tried in the Sandiganbayan.
Low-ranking officials are tried in the
regular courts depending on the penalty:
o Imprisonment of 6 years or less
= Municipal Trial Court
o More than 6 years = Regional
Trial Court
 The criminal jurisdiction and criminal
investigatory powers of the Ombudsman
are concurrent with the DOJ. If the DOJ
recommends the filing of a case against
a high-ranking official, all of the
 resolutions and the information of the
prosecutor must be submitted to the
Ombudsman for signing and approval.
Otherwise, the case might be dismissed
for the fiscal’s lack of authority to
prosecute.
CONDONATION
 Condonation refers to the exoneration of
a public official from administrative
liability in his previous term due to a
subsequent reelection. This is based on
the theory that the people made an
informed choice in voting you which is
tantamount to forgiveness.
 Read the case of Ombudsman vs.
Binay, G.R. Nos. 217126-27
(November 10, 2015) where the Court
overturned the doctrine of condonation.
A penalty of suspension shall be served
in the subsequent term while a penalty
of dismissal is tantamount to a
disqualification from running in the
subsequent election.
 The decision overturning the doctrine of
condonation can only be applied in
cases past November 10, 2015.
RECOVERY OF ILL-GOTTEN WEALTH
 The action to recover ill-gotten wealth
does not prescribe. However, the action
to prosecute the offender prescribes
after 15 years.
NATIONAL ECONOMY AND PATRIMONY
 All lands of public domain and natural
resources found therein belong to the
State (Regalian Doctrine).
 The two kinds of lands are lands in the
public domain and private lands.
Ancestral lands belong to the private
lands.
 The private lands are exempted from the
Regalian Doctrine.
 There are four kinds of lands in the
public domain:
o Agricultural lands
o Mineral lands
o Forest lands
o National Parks
o Take note and memorize
 Only agricultural lands are alienable. All
the rest are beyond the commerce of
man.
 Agricultural lands are lands that can be
alienated by the State. They can be
acquired only by individual citizens to
the extent of up to 12 hectares only.
 Filipino corporations cannot acquire
agricultural lands but they can lease
1000 hectares of agricultural lands good
for 25 years and renewable for another
25 years. Individual citizens can lease
up to 500 hectares good for 25 years
and renewable for another 25 years.
 The foreshore lands or the lands
adjacent to the sea are inalienable
unless they are reclassified as
agricultural lands.
 Individual directors and incorporators of
a corporation who are Filipino citizens
may acquire the lands. Once it is
acquired by a private individual, they
become private lands and can be
subsequently acquired by Filipino
corporations.
 The President may reclassify lands upon
recommendation from the DENR that
the property is no longer needed for
public service.
 Private lands are lands acquired by
private citizens or entities. They can be
acquired by Filipino citizens, qualified
Filipino corporations, and foreigners who
inherited as compulsory heirs in
intestate succession. Former natural-
born citizens may also acquire lands of
up to 3000 to 5000 sq. meters in the
Philippines for residential purposes.
 A foreigner cannot acquire the land
named to his Filipina spouse. What the
Court can do is to sell the property and
divide the proceeds equally.
 If a Filipino acquired a loan from a
foreigner using his land as collateral, he
must sell his land in order to satisfy his
debt. The foreigner cannot bid on the
land because he is disqualified from
acquiring it.
 A foreigner who acquires a land through
intestate succession can alienate it to
someone else, but not to another
foreigner.
 A foreigner who acquired a land and
subsequently became a naturalized
citizen can now register the land in his
name.
UTILIZATION AND EXPLORATION OF
NATURAL RESOURCES
 The national resources belong to the
State. Should there be any exploration
or utilization, it must be under the control
of the State.
 The State cannot enter into an
agreement with a foreigner in order to
explore, develop, and utilize natural
resources.
 The State may enter into a contract to
explore, develop, and utilize natural
resources only with individual Filipino
citizens or qualified Filipino corporations.
The three contracts the State may make
for this purpose are:
o Joint venture
o Co-production
o Production sharing
 The foreigners may enter into service
contracts and/or technical or financial
assistance. It should be the President
and not an alter ego who shall sign that
contract.
 These contracts must have the approval
of Congress.
PUBLIC UTILITIES
 Public utilities refer to the
corporations that offer public
service for a fee.
 Only a Filipino citizen can own a
business in public utilities.
Should it be a Filipino
corporation, at least 60% of its
capital must be owned by
Filipino citizens. Capital in this
case refers to shares of stock
that can vote in the election of
directors. That 60% percent
capital assumes or should result
in a controlling interest of the
corporation. It is not just
ownership of the shares of
stock, there must also be that
right to vote which is also 60%.
 Build-Operate-Transfer
establishments are not covered
by these provisions on public
utilities. They may be wholly
foreign owned.
SOCIAL JUSTICE AND HUMAN RIGHTS
 Social justice means giving those who
have less in life more benefits in the law.
 There is not only a right to enjoy your
property but also the obligation to share
the benefits of your property to society.
 Human Rights are limited to violations of
civil and political rights only either by
government officials or private
individuals.
 The Commission on Human Rights is
not a constitutional nor an independent
body. Its creation is mandated by the
Constitution but it may be given zero
budget.
 The CHR cannot punish someone for
human rights violations but it may make
recommendations and referrals to the
appropriate administrative bodies. CHR
does not possess adjudicatory power.
They cannot issue temporary restraining
orders.
FAMILY
 The rearing of children is the natural
duty of the parents and not of the State.
If the parents fail, the State may come
in.
EDUCATION
 The State is mandated to provide quality
education.
 The Constitution requires the State to
assign the highest budgetary priority to
education but this provision is not
mandatory. Congress may assign a
higher budgetary priority to other
programs if needed.
 The State is mandated to provide
education only up to the K-12
curriculum. The State is not obliged to
provide college education.
ACADEMIC FREEDOM
 Academic freedom refers to the
discretion of the educational institution
of higher learning to determine for itself
who may teach, what may be taught,
how it shall be taught, and who shall be
admitted to study.
o A probationary teacher was not
accepted after 2 years of
working because she was not
able to meet the standards of
the school. The Supreme Court
ruled that the academic freedom
of the school prevailed.
 o A UP professor left the school
and went abroad. After 2 years,
he came back, was welcomed
by UP, and was even promoted.
He was sued for being AWOL
for 2 years. The Supreme Court
said that it was the discretion of
UP to determine who may
teach.
o A group of students who rallied
against the increase of tuition
fee were not admitted for
enrollment. The Supreme Court
said that civil rights of the
students prevailed over the
academic freedom of the
school. (University of San
Carlos case)
o A university expelled its
students who were found to
belong to a fraternity. The
Supreme Court said that the
university has an interest in
teaching its students discipline.
 The school has the right and duty to
discipline its own students.
 Educational institutions of higher
learning enjoy academic freedom.
 Review centers do not enjoy academic
freedom. They are not degree-granting
institutions which would put them under
the jurisdiction of CHED. They do not
require enrollment, submission of
grades, the submission of a thesis, and
the like.
 Academic freedom belongs to the
school, the students, and the academe.
o From the point of view of the
school, it has the freedom to
determine what to teach, who
may teach, who may be
admitted to study, and how the
subjects should be taught.
o From the point of view of the
students, they have the right to
education.
o From the point of view of the
academe, they have the
freedom to do research without
government interference. They
have the freedom to determine
how to teach the subjects.
 The university can create their own
handbooks as long as it does not violate
the Constitution.
 Academic freedom prevails over alleged
unfair labor practice in cases when there
is a manual prescribing the continued
qualifications of teachers and such
manual has been violated.
 Police power may curtail academic
freedom if it is necessary for the
promotion of public welfare.
GENERAL PROVISIONS
 Changing the national anthem, national
seal, or the name of the country requires
the approval of the people in a national
referendum.
 The national language is Filipino.
English and Spanish are the official
languages unless otherwise provided by
law.
 The Armed Forces of the Philippines are
the citizen arms. They have the duty to
take an oath of allegiance. They cannot
engage in partisan political activity.
Active officers of the AFP cannot be
appointed to any civilian position.
 The tour of duty of the Chief of Staff of
the AFP is only three years unless
extended by the President upon
declaration by Congress of a national
emergency.
 Advertising agencies must have at least
70% Filipino investment capital. Mass
media agencies must be wholly Filipino
owned.
TRANSITORY PROVISIONS
 The entry of foreign military troops in the
Philippines requires the concurrence of
Senate.
 Military bases, 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.