1.
A ‘political question’ is one the resolution of
ARTICLE VIII. THE JUDICIAL DEPARTMENT
SEC. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable
controversies or disputes involving rights that are
enforceable and demandable before the courts
of justice or the redress of wrongs for violations
of such rights.
2. Vested in the Supreme Court and such lower
courts as may be established by law.
3. Since the courts are given ‘judicial power’ and
nothing more, courts may neither attempt to
assume or be compelled to perform non-judicial
functions. They may not be charged with
administrative functions except when reasonably
incidental to the fulfillment of their duties.
4. In order that courts may exercise this power,
there must exist the following:
a. An actual controversy with legally
demandable and enforceable rights;
b. Involving real parties in interest;
c. The exercise of such power will bind the
parties by virtue of the court’s
application of existing laws.
5. Judicial power cannot be exercised in vacuum.
Without any laws from which rights arise and
which are violated, there can be no recourse to
the courts.
6. The courts cannot be asked for advisory
opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual
controversies involving rights which are
legally demandable and enforceable;
and
b. To determine whether or not there has
been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the government.
Political Questions:
which has been vested by the Constitution
exclusively in either the people, in the exercise
of their sovereign capacity, or in which full
discretionary authority has been delegated to a
co-equal branch of the Government.
2. Thus, while courts can determine questions of
legality with respect to governmental action,
they cannot review government policy and the
wisdom thereof, for these questions have been
vested by the Constitution in the Executive and
Legislative Departments.
SEC. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights
and prescribing remedies for violations of such
rights; and
2. Determining the court with jurisdiction to hear
and decide controversies or disputes arising
from legal rights.
3. Thus, Congress has the power to define,
prescribe and apportion the jurisdiction of
various courts.
1. BUT, Congress cannot deprive the Supreme
Court of its jurisdiction over cases provided for
in the Constitution.
2. Creation and abolition of courts:
a. The power to create courts implies
the power to abolish and even re-
organize courts.
b. BUT this power cannot be exercised
in a manner which would undermine
the security of tenure of the judiciary.
c. If the abolition/re-organization is
done in good faith and not for
political or personal reasons, then it
is VALID. (same rule applies for civil
servants)
SEC. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot
be reduced below the amount appropriated for
the previous year.
3. Once approved, appropriations shall be
automatically and regularly released.
SECS. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court and of other
courts established by law shall not be designated to
any agency performing quasi-judicial or
administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in
the practice of law in the Philippines
4. Person of proven competence, integrity, probity
and independence.
Qualifications of members of lower collegiate
courts (CA, CTA, Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by
Congress
4. Person of proven competence, integrity, probity
and independence.
Qualifications of judges of lower non-collegiate
courts:
1. Citizen of the Philippines (may be a naturalized
citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by
Congress
4. Person of proven competence, integrity, probity
and independence.
Section 8. JUDICIAL AND BAR COUNCIL
1. The Judicial and Bar Council is under the
supervision of the SC.
A. Is under the supervision of the Supreme
Court and is composed of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio
member
3. Representative of Congress, as an
ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: The last four re the regular members of the
JBC. Regular members are appointed by the
President with CA approval. Regular members
serve for 4 years, with staggered terms.
B. Functions of JBC
1. Principal function: recommend
appointees to the Judiciary
2. Exercise such other functions as
the SC may assign to it.
C. Appointments to the Judiciary
1. President shall appoint from a
list of at least 3 nominees for each
vacancy, as prepared by the JBC.
2. No CA confirmation is needed
for appointments to the Judiciary.
3. Vacancies in SC should be filled
within 90 days from the occurrence
of the vacancy.
4. Vacancies in lower courts should
be filled within 90 days from
submission to the President of the
JBC list.
SEC. 10. SALARIES
1. Salaries of SC Justices and judges of lower
courts shall be fixed by law.
2. Cannot be decreased during their continuance
in office, but can be increased.
3. Members of the Judiciary are NOT exempt from
payment of income tax.
SEC. 11. TENURE/DISCIPLINARY POWERS OF
SC
1. Members of the SC and judges of the lower
courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge
their duties.
2. Disciplinary action against judges of lower
courts:
a. Only the SC en banc has jurisdiction to
discipline or dismiss judges of lower
courts.
b. Disciplinary action/dismissal: Majority
vote of SC Justices who took part in the
deliberations and voted therein.
3. Removal of SC Justices: Powers of the SC

a. Only by IMPEACHMENT. 1. SC has ORIGINAL jurisdiction over

b. Cannot be disbarred while they hold a. Cases affecting ambassadors, other
office. public ministers and consuls.
Note: This refers to foreign
ambassadors, etc., stationed
SECS. 4-6, 13. THE SUPREME COURT in the Philippines.
b. Petitions for certiorari, prohibiton,
Hearing of cases: mandamus, quo warranto, and habeas
corpus.
1. En banc; or
2. Divisions of 3, 5, or 7. 2. SC has APPELLATE jurisdiction over final
judgments and orders in the following:
Cases required to be heard en banc:

1. All cases involving constitutionality of a/an: a. All cases involving the constitutionality or
a. Treaty validity of any
b. International or executive agreement or i. treaty
c. Law. ii. international or
executive agreement
2. All cases required to be heard en banc under iii. law
the Rules of Court: iv. presidential decree
a. Appeals from Sandiganbayan; and v. proclamation
b. From the Constitutional Commissions vi. order
vii. instruction
3. All cases involving the constitutionality, viii. ordinance, or
application or operation of ix. regulation;
a. Presidential decrees
b. Proclamations b. All cases involving the legality of any
c. Orders i. tax
d. Instructions ii. impost
e. Ordinances; and iii. assessment or
f. Other regulations. iv. toll or
v. any penalty imposed in
4. Cases heard by a division where required relation thereto;
majority of 3 was not obtained.
c. All cases in which the jurisdiction of any
5. Cases where SC modifies or reverses a doctrine lower court is in issue
or principle of law laid down by the SC en banc
or by a division. d. Criminal cases where the penalty
imposed is reclusion perpetua or higher;
6. Administrative cases to discipline or dismiss and
judges of lower courts; and
e. All cases where ONLY errors or
7. Election contests for President and Vice- questions of law are involved.
President.
3. Temporarily assign lower court judges to other
Cases heard by division stations in the public interest.
Note: Temporary assignment shall not
1. Must be decided with the concurrence of a exceed 6 months without the consent of the
majority of the members who took part in the judge concerned.
deliberations and voted thereon.
2. Majority vote in a division should be at least 3 4. Order a change of venue or place of trial to
members. avoid a miscarriage of justice.

5. Promulgate rules concerning:
a. The protection and enforcement of
constitutional rights;
b. Pleading, practice and procedure in all
courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and
inexpensive procedure for the speedy
disposition of cases.
b. It should be uniform for all courts of the
same grade.
c. It should not diminish, increase, or
modify substantive rights.
6. Appoint ALL officials and employees of the
Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL
courts and the personnel thereof.
Decisions of the Supreme Court:
1. Reached in consultation before being assigned
to a member for the writing of the opinion.
2. A certification to this effect must be signed by the
Chief Justice and attached to the record of the
case and served upon the parties.
3. Members of the SC who took no part, or who
dissented or abstained must state the reasons
therefore.
Note: This procedure shall also be observed by
all lower collegiate courts (CA, CTA, and the
Sandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to
declare a law, treaty, ordinance etc.
unconstitutional.
2. Lower courts may also exercise the power of
judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus,
only SC decisions are binding on all.
Requisites Code: [A R S
Co R]
1. An ACTUAL CASE calling for the exercise of
judicial power
2. The question involved must be RIPE FOR
ADJUDICATION, i.e. the government act must
have had an adverse effect on the person
challenging it.
3. The person challenging the governmental act
must have ‘STANDING’, i.e. a personal and
substantial interest in the case such that he has
sustained, or will sustain, direct injury as a
result of its enforcement.
4. The question of Constitutionality must be raised
in the first instance, or at the earliest
opportunity.
5. Resolution of the issue of constitutionality is
unavoidable or is the very lis mota.
Effect of a declaration of unconstitutionality:
1. Prior to the declaration that a particular law is
unconstitutional, it is considered as an ‘operative
fact’ which at that time had to be complied with.
2. Thus, vested rights may have been acquired
under such law before it was declared
unconstitutional.
3. These rights are not prejudiced by the
subsequent declaration that the law is
unconstitutional.
SEC. 14. DECISIONS
1. Decisions MUST state clearly and distinctly the
facts and the law on which it is based.
2. Refusal to give due course to petitions for
review and motions for reconsideration must
state the legal basis for such refusal.
3. Memorandum decisions, where the appellate
court adopts the findings of fact and law of the
lower court, are allowed as long as the decision
adopted by reference is attached to the
Memorandum for easy reference.
4. These rules only apply to courts. They do not
apply to quasi-judicial or administrative bodies
nor to military tribunals.
ARTICLE IX – THE CONSTITUTIONAL
COMMISSIONS
Section 1. Constitutional Commissions
Independent Constitutional Commissions:
1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their
integrity is protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of
appointment (Sec. 4)
3) Each Commission may promulgate its
own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during
their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by
impeachment only.
Section 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or
control of any business, which, in any
way, may be affected by the functions of
their office; and
4) Be financially interested, direct or
indirect, in any contract, franchise,
privilege granted by the government, any
of its subdivisions, agencies,
instrumentalities, including GOCC's and
their subsidiaries.
Note: The Ombudsman and his deputies are
subject to the same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be
decreased during their TENURE.
2) Decreases in salaries only affect those members
appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. RULES OF PROCEDURE
Procedures:
1) Rules: The Commissions may promulgate its
own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec.
5(5), exercise the power to disapprove rules
of "special courts and quasi-judicial
bodies."
b). In proceedings before the Commissions,
the rules of the Commission prevail.
c). In proceedings before a court, the Rules
of Court prevail.
d). The SC may, however, in appropriate
cases, exercise JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL
Decision-Making:
1) Each commission shall decide matter or cases
by a majority vote of all the members within 60
days from submission.
 COMELEC may sit en banc or in 2
divisions.
 Election cases, including pre-
proclamation controversies are decided
in division, with motions for
reconsideration filed to the COMELEC
en banc.
 The SC has held that a majority decision
decided by a division of the COMELEC
is a valid decision.
2) As COLLEGIAL BODIES, each commission
must act as one, and no one member can decide
a case for the entire commission. (i.e. The
Chairman cannot ratify a decision which would
otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the
COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be
appealed to the CA under Rule 43.
Enforcement:
 It has been held that the CSC can issue
a writ of execution to enforce judgments
which are final.
THE CIVIL SERVICE COMMISSION
Section
COMPOSITION/QUALIFICATIONS/TERM
1."With Original Charter" means that
the GOCC was created by
special law/by Congress
2. If incorporated under the
Corporation Code, it does not
fall within the Civil Service, and
is not subject to the CSC
jurisdiction.
3. Even if once government-
controlled, then becomes
privatized, ceases to fall under
CSC.
4. Jurisdiction is determined as of
the time of filing the complaint.
1.
Appointments to civil service shall be:

Composition: A. Competitive positions

1) Chairman
2) Commissioners – 2 commissioners
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their
appointments;
3) With proven capacity for public administration;
and
4) NOT candidates for any elective position in the
elections immediately preceding their appointment.
5) Appointees by the President to the CSC need
Commission on Appointments (CA) confirmation
Term:
1) Chairman -7 years; Commissioner1 - 5 yrs;
Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term
of predecessor
4) No temporary appointments, or appointments in
acting capacity.
 According to merit and fitness to be
determined by competitive
examinations, as far as practicable
except to positions which are policy-
determining, primarily confidential, or
highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining - formulate a
method of action for the gov't
b) Primarily confidential - more than
ordinary confidence; close intimacy
insures freedom of intercourse without
betrayals of personal trust...
c) Highly technical -requires technical
skill to a superior degree.
C. The TEST to determine whether non/competitive
is the Nature of the responsibilities, NOT the
administrative or legislative description given to
it.

D. Both types of positions are entitled to security of

Section 2. Scope: tenure. They only differ in the MANNER in which
they are filled.
The Civil Service embraces all:
E. Who may be appointed:
A. branches,
B. subdivisions, 1). RULE: Whoever fulfills all the
C. instrumentalities, qualifications prescribed by law for a
D. agencies of the government, particular position may be appointed
E. including GOCCs with original charters. therein.
 2). The CSC cannot disapprove an
appointment just because another a). related to and affects the administration
person is better qualified, as long as the of office, and
appointee is himself qualified. b). must be substantial (directly affects the
3). The CSC CANNOT add qualifications rights & interests of the public)
other than those provided by law.
3) Security of tenure for Non-competitive positions
F. Next-In-Rank Rule
a). Primarily confidential officers and
 While a person next in rank is entitled to employees hold office only for so long
preferential consideration, it does not as confidence in them remains.
follow that only he, and no one else, can b). If there is GENUINE loss of confidence,
be appointed. Such person has no there is no removal, but the expiration of
vested right to the position and the the term of office
appointing authority is not bound to c). Non-career service officers and
appoint the person next in rank. employees do not enjoy security of tenure.
d). Political appointees in the foreign service
Tenure (Classification of Positions) possess tenure coterminous with that of
the appointing authority or subject to his
Career Service Non-Career Service pleasure.
1. Entrance based on 1. Entrance on bases
merit and fitness to be OTHER than usual 4) One must be VALIDLY APPOINTED to enjoy
determined as far as tests of merit and security of tenure. Thus, one who is not
practicable by fitness. appointed by the proper appointing authority
competitive does not acquire security of tenure.
examinations or based
on highly technical
qualifications. Abolition of Office
2. Entitled to security of 1. Tenure limited to:
tenure a) Period specified To be valid, abolition must be made:
by law,
b) Coterminous (a) In good faith; (good faith is presumed)
with the (b) Not for political or personal reasons; and
appointing (c) Not in violation of law.
authority or
subject to his Temporary employees are covered by the
pleasure, or following rules:
c) Limited to the
duration of a 1). Not protected by security of tenure - can be
particular removed anytime even without cause
project for 2). If they are separated, this is considered an
which purpose expiration of his term.
the employment 3). BUT: They can only be removed by the one
was made. who appointed them.
3. With opportunity for 4). Entitled only to such protection as may be
advancement to higher provided by law.
career positions.
No officer or employee in the Civil Service shall
Security of Tenure: engage in any electioneering or in partisan
political activity
1) Officers or employees of the Civil Service cannot
be removed or suspended EXCEPT for cause 1) Cannot solicit votes in favor of a particular
provided by law. It guarantees both procedural candidate.
and substantive due process. 2) Cannot give campaign contributions or distribute
2) For "LEGAL CAUSE" - Cause is: campaign materials.
3) BUT: Allowed to express views on political
issues, and to mention the names of the
candidates whom he supports.
4) Prohibition does not apply to department
secretaries
c). This exception DOES NOT APPLY to
Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are
governed by the stricter prohibitions
contained therein.

Right to organize
Section 8. COMPENSATION
The right to organize does NOT include the right to
strike 1) Prohibitions: applies to elected or appointed
officers and employees

Sections 6-7. DISQUALIFICATIONS Cannot receive:

A. Additional - an extra reward given
Disqualifications for the same office i.e. bonus
B. Double - when an officer is
1) Losing candidates in any election given 2 sets of
compensation for 2
a). Cannot be appointed to any office in the different offices held
government or GOCC's or their concurrently by 1
subsidiaries officer
b). Period of disqualification: One (1) year C. Indirect Compensation
after such election.
2) EXCEPTION: Unless specifically authorized by
2) Elective officials law

a). Not eligible for appointment or A. "SPECIFICALLY AUTHORIZED" means

designation ANY CAPACITY to ANY a specific authority particularly directed
PUBLIC OFFICE or position during their to the officer or employee
tenure. concerned.
b). EXCEPTION: May hold ex officio B. BUT: per diems and allowances given as
positions. REIMBURSEMENT for expenses
 Examples: actually incurred are not prohibited
 The Vice President may be
appointed Cabinet member 3) Cannot accept any present, emolument, office,
 Congressman may sit in the title of any kind from foreign governments
Judicial and Bar Council UNLESS with the consent of Congress.

c). To be eligible to hold any other office,
the elected official must first resign his
office
d). Even Congress cannot, by law,
authorize the appointment of an elective
official.
3). Appointive officials
4) Pensions and gratuities are NOT considered as
additional, double, or indirect compensation.
THE COMMISSION ON ELECTIONS
Section 1.
COMPOSITION/QUALIFICATIONS/TERM

a). Cannot hold any other office or Composition: (7)

employment in the government, any
subdivision, agency, instrumentality, 1)Chairman and
including GOCC's and their 2)Commissioners (6)
subsidiaries.
b). EXCEPTION: Unless otherwise allowed Qualifications:
by law, or by the primary functions of his
position. 1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the
immediately preceding elections.
5) Majority of the Commission, including the
Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at
least 10 years: “any activity in or out of
court, which requires the application of
law, legal procedure, knowledge, training
and experience.”
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members
- 5 yrs; 1 Member - 3 yrs.
2) LIMITATION: Single term only: no
reappointment allowed
3) Appointment to a vacancy: only for unexpired
portion of predecessor’s term
4) No temporary appointments, or appointments in
acting capacity
a). Thus, the President cannot
designate an incumbent
commissioner as acting
Chairman.
b). The choice of temporary
chairman falls under the
COMELEC’s discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction
of public works within 45 days of an
election.
1) Exercise:
A. Exclusive original jurisdiction over all
contests relating to the elections, returns,
and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests
involving:
1. Elective municipal officials
decided by trial courts of general jurisdiction
2. Elective barangay officials
decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the
Commission on election contests
involving elective municipal and
barangay offices shall be final, executory,
and not appealable.
Exception: Appealable to the SC on
questions of law.
D. Contempt powers
1. COMELEC can exercise this
power only in relation to its
adjudicatory or quasi-judicial
functions. It CANNOT exercise
this in connection with its purely
executive or ministerial functions.
2. If it is a pre-proclamation
controversy, the COMELEC
exercises quasi-
judicial/administrative powers.
3. Its jurisdiction over ‘contests’
(after proclamation), is in exercise
of its judicial functions.
E. The COMELEC may issue writs of
certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction. This
is not an inherent power.
3) 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.
Note: Questions involving the right to vote fall within
the jurisdiction of the ordinary courts.
4) 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.
a). This power is NOT limited to the election
period.
 b). Applies to both criminal and
administrative cases.
5) Registration of political parties, organizations, or
coalitions/accreditation of citizens’ arms of the
Commission on Elections.
a). The political parties etc. must present
their platform or program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve
their goals through violence or
unlawful means
iii. Groups which refuse to uphold
and adhere to the Constitution
iv. Groups which are supported by
any foreign government.
d). BUT: Political parties with religious
affiliation or which derive their principles
from religious beliefs are registerable.
e). Financial contributions from foreign
governments and their agencies to
political parties, organizations,
coalitions, or candidates related to
elections constitute interference in
national affairs. If accepted, it is an
additional ground for the cancellation of
their registration with the Commission,
in addition to other penalties that may
be prescribed by law.
1) File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion of
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting elections frauds, offenses and
malpractices.
A. COMELEC has exclusive jurisdiction to
investigate and prosecute cases for
violations of election laws.
B. COMELEC can deputize prosecutors for
this purpose. The actions of the
prosecutors are the actions of the
COMELEC
C. Preliminary investigation conducted by
COMELEC is valid.
2) 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.
3) 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 or, or disobedience to its
directive, order, or decision.
4) Submit to the President and the congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
Section 3. RULES OF PROCEDURE/DECISION-
MAKING
Rules of Procedure
1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of
procedure in order to expedite disposition of
election cases, including pre-election
controversies.
Decision-Making
1) Election cases should be heard and decided in
division. Provided that,
2) Motions for reconsideration of decisions should
be decided by COMELEC en banc.
3) ”Decisions” mean resolutions on substantive
issues.
2) If a division dismisses a case for failure of
counsel to appear, the Motion for
Reconsideration here may be heard by the
division.
3) EXCEPTION: COMELEC en banc may directly
assume jurisdiction over a petition to correct
manifest errors in the tallying of results by
Board of Canvassers.
Section 4. SUPERVISION/REGULATION OF
FANCHISES / PERMITS / GRANTS / SPECIAL
PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
 1). The enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities,
media of communication or information.
2). Grants, special privileges or concessions
granted by the Government or any
subdivision, agency or instrumentality
thereof, including any GOCC or its
subsidiary
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the
election period commences
90 days before
the day of the election and ends
30 days thereafter.
b). In special cases, COMELEC can
fix a period.
2). Applies not just to elections but also to
plebiscites and referenda.
3). Plebiscite: Submission of constitutional
amendments or important legislative
measures to the people ratification
4). Referendum: power of the electorate to
approve or reject legislation through an
election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to
donate free space to the COMELEC. It may,
however, compel it to provide space after
paying just compensation.
2). Power of COMELEC is over franchises and
permits, NOT individuals. For example,
COMELEC may not regulate media
practitioners, for this would violate the
freedom of expression.
Section 5. No pardon, amnesty, parole, or
suspension of sentence for violation of election
laws, rules, and regulations shall be granted by
the President without the favorable
recommendation of the Commission.
Section 6
Definition of Political Party
 organized group of persons pursuing the
same political ideals in a government
and includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on
the party.
2) It informs the public of the party's existence
and ideals.
3) It identifies the party and its officers for
purposes of regulation by the COMELEC.
Section 7. No votes cast in favor of a political
party, organization, or coalition shall be valid,
except for those registered under the party-list
system as provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-
list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or
coalitions registered under the party-list
system shall NOT be represented in the
following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
 Political parties, etc. are entitled to
appoint poll watchers in accordance with
law.
Section 10. Bona fide candidates for any public
office shall be free from any form of harassment
and discrimination.
 This section does not give candidates
immunity from suit.
 Discrimination includes unequal
treatment in the availment of media
facilities.
 Section 11. FUNDING
How provided
1) Funds certified by the COMELEC as necessary
to defray the expenses for holding regular and
special elections, plebiscites, initiative,
referenda and recalls, shall provided in the
regular or special appropriations.
2) Funds should be certified by the COMELEC as
necessary.
Release of funds
 Once approved, funds should be
released automatically upon certification
by the Chairman of COMELEC.
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their
appointment;
3) Either:
a). CPA’s with at least 10 years auditing
experience; or
b). Members of Phil. Bar with 10 years of
practice.
4) Members cannot all belong to the same
profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective
position in the elections immediately preceding
their appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs;
Commissioner - 2 -3 yrs.
2) LIMITATION: - Single terms only; no re-
appointment allowed
3) Appointments to any vacancy shall only be for
the unexpired portion of predecessor’s term
Section 2. POWERS
1) Examine, audit, and settle accounts pertaining
to:
A. Revenue and receipts of funds or
property; or
B. Expenditures and uses of funds or
property
Owned or held in trust by, or pertain to:
A. The Government;
B. Any of its subdivisions, agencies or
instrumentalities;
C. Including GOCC’s with original charters.
2) Conduct post-audit with respect to the following:
A. Constitutional bodies, commissions, and
offices granted fiscal autonomy;
B. Autonomous state colleges and
universities;
C. GOCC’s and their subsidiaries
incorporated under the Corporation
Code.
D. None-governmental entities receiving
subsidies or equity, directly or indirectly,
from or through the government, which
are required by law of the granting of
institution to submit to such audit.
3) If COA finds internal control system of audited
agencies as inadequate, COA may adopt
measures, including temporary or special pre-
audit, as may be necessary.
4) Keep the general accounts of the government,
preserving vouchers and other supporting
papers pertaining thereto.
5) Exclusive authority to define the scope of
COA’s audit and examination and to establish
the techniques and methods required therefor.
6) Promulgate accounting and auditing rules and
regulations.
A. Including those for the prevention or
disallowance of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures or uses
of government funds and properties.
 B. Failure to comply with these rules can
be a ground for disapproving the
payment of a proposed expenditure.
Note:
1) The functions of COA can be classified as:
A. Examine and audit all forms of
government revenues;
B. Examine and audit all forms of gov’t
expenditures
C. Settle gov’t accounts
D. Promulgate accounting and auditing
rules (including those for the prevention
of irregular…expenditures.
E. To decide administrative cases involving
expenditures of public funds.
2) COA can settle only LIQUIDATED ACCOUNTS
or those accounts which may be adjusted
simply by arithmetic process.
3) COA has authority not just over accountable
officers but also over other officers who perform
functions related to accounting such as
verification of evaluations and computation of
fees collectible, and the adoption of internal
rules of control.
4) COA does not have the power to fix the amount
of an unfixed or undetermined debt.
5) Where the following requirements are complied
with, it becomes the ministerial duty of the COA
to approve and pass in audit vouchers for
payment:
A. There is a law appropriating funds for a
particular purpose;
B. There is a contract, made by the proper
officer, entered into in conformity with
the above-mentioned law;
C. The goods or services covered by such
contract have been delivered or
rendered in pursuance to such contract,
as attested by the proper officer; and
D. Payment has been authorized by
officials of the corresponding
department or bureau.
6) Prosecutors may still review accounts already
settled and approved by COA for the purpose of
determining possible criminal liability. This is
because COA’s interest in such accounts is
merely administrative.
7) COA has the power to determine the meaning
of ‘public bidding’ and what constitutes failure
when regulations require public bidding for the
sale of government property.
Section 3. No law shall be passed exempting
any entity of the Government or its subsidiary
in any guise whatever, or any investment of
public funds, from the jurisdiction of the
Commission on Audit.
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) Cordileras [At present, it is only the Cordilera
ADMINISTRATIVE region]
Note: 1) A third autonomous regions would
require a constiutional 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.
A. Judiciary may still pass on LGU actions
B. 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
A. Provinces
B. Autonomous regions and
C. 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
A. Ground: Unmanageable public section
deficit
B. 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
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. 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 Sectoral 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 sanggunian
Election of Sector Representatives
SEC. 10. Creation, abolition and division of
LGU’s
1) Requisites
A. Compliance with the requirements of the
Local Government Code; and
B. 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
 thecity 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.
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

Section 13. Coordination among LGUS Factors:

Consolidation and Coordination of Efforts, 1) Historical heritage

Services and Resources 2) Cultural heritage
3) Economic and social structures,
1) It is optional on the part of LGUs as shown by 4) Other relevant characteristics within:
the use of the word “may” A. The framework of the consititution
2) It can be done for purposes commonly B. National sovereignty
beneficial to them in accordance with the law. C. Territorial integrity.

Under LGC (Section 33) Creation:

1) Consolidation and coordination may be done 1) Provided by law.

through appropriate ordinances.
2) A public hearing should be conducted and the
approval of the sanggunian obtained.
3) An LGU can:
A. Contribute funds, real estate, equipment
and other kinds of property
B. 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
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 favorably 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.

Who can provide for RDC

The President shall provide for RDC or other similar Section 16. GENERAL SUPERVISION OVER
bodies composed of: AUTONOMOUS REGIONS

Composition By Whom:
The President
1) Local government officials
2) Regional heads of departments and other Purpose:
government offices To ensure that the laws are faithfully executed.
3) Representatives of NGOS within the regions
SEC. 17. All powers, functions and Public officers and employees must at all times
responsibilities not granted by this Constitution be accountable to the people, serve them with
or by law to the autonomous region shall be utmost responsibility, integrity, loyalty and
vested in the National Government. efficiency, act with patriotism and justice and
lead modest lives.
Examples: 1) Foreign relations,
2) National defense and Security Section 2: IMPEACHMENT/REMOVAL FROM
3) Monetary Affairs OFFICE

Impeachment: (as means of removal from

Section 20. LEGISLATIVE POWERS office)

The Organic Act of Autonomous Region shall 1. Who may be impeached:

provide for legislative powers over:
President
1) Administrative organization; VP
2) Creation of sources of revenues; SC Justices
3) Ancestral domain and natural resources Constitutional Commission members
4) Personal, family and property relations Ombudsman
5) Regional, urban, and rural planning
development; 2. Grounds
6) Economic, social, and tourism development;
7) Educational policies; Culpable violation of the Constitution
8) Preservation and development of the cultural treason
heritage; and bribery
9) Such other matters as may be authorized by graft and corruption
law for the promotion of the general welfare of other high crimes or
the people of the region. betrayal of public trust

Limitations: Note: It is an exclusive list. Congress cannot, by

law, add to the list of impeachable offenses.
1) Subject to the provisions of the Constitution and
national laws 2. These officers cannot be charged in court with
2) To be exercised within its territorial jurisdiction offenses that have removal from office as
penalty.
3. The President cannot be charged with murder.
Section 21. PRESERVATION OF PEACE AND 4. A SC Justice cannot be disbarred because this
ORDER/DEFENSE AND SECURITY would disqualify him from his position.
5. BUT AFTER an official has been impeached,
Peace and Order he can be charged with the appropriate offense.
It shall be the responsibility of the local police 6. Resignation by an impeachable official does not
agencies. place him beyond the reach of impeachment
proceedings; he can still be impeached.
Defense and Security
It shall be the responsibility of the national All Other Public Officers and Employees
government.
1. They may be removed from office as provided
by law
2. BUT: NOT by impeachment
ARTICLE XI: ACCOUNTABILITY OF PUBLIC
OFFICERS

Section 1: PUBLIC OFFICE AS A PUBLIC Section 3: PROCEDURE FOR IMPEACHMENT

TRUST
Exclusive Power of House of Representatives
The House of Representatives has exclusive power B. For this purpose, the Senators shall
to INITIATE all cases of impeachment. be under oath or affirmation
a. When the President of the
Procedure: Philippines is on trial, the CJ of the
Supreme Court presides. However,
1. Filling of verified complaint he/she will not vote.

a. Can be filed by: 8.) Judgment of Conviction

1. Any member of the House of This requires the concurrence of 2/3 of all the
Representatives or Members of the Senate
2. Any citizen upon a resolution of
endorsement by any Member of 9.) Effect of the Impeachment
the House or
3. By at least 1/3 of all the a. Removal from office of the official
Members of the House of concerned
Representatives b. Disqualification to hold any office
under the Republic of the Philippines
2.) Inclusion of complaint in the order of c. Officer still liable to prosecution, trial,
business with 10 session days and punishment if the impeachable
3.) Referral to proper Committee within 3 offense committed also constitutes a
session days thereafter felony or crime.
4.) Submission of Committee report to the
House together with corresponding
resolution Section 4: SANDIGANBAYAN

a. There should be a hearing Sandiganbayan = the anti-graft court

b. There should be a majority vote of
the members
c. The report should be submitted Sections 5-6, 8-14: OFFICE OF THE
within 60 days from referral, after OMBUDSMAN
hearing, and by a majority vote of
ALL its members. Composition:

5.) Calendaring of resolution for consideration 1.) Ombudsman/Tanodbayan

by the House 2.) Overall deputy
Should be done within 10 session days from 3.) At least one Deputy each for Luzon,
receipt thereof Visayas and Mindanao
6.) Vote of at least 1/3 of all Members of the 4.) Deputy for military establishment may be
House necessary to: appointed

a. Affirm a favorable resolution with the Qualifications: (Ombudsman and his deputies)
Articles of Impeachment of the
Committee or 1.) Natural born citizen of the Philippines
b. To override its contrary resolution 2.) At least 40 years old at time of appointment
3.) Of recognized probity and independence
Note: If the verified complaint or resolution of 4.) Member of the Philippine bar
impeachment was filed by at least 1/3 of all the 5.) Must not have been candidate for any
Members of the House, it shall constitute the elective office in the immediately preceding
Articles of Impeachment. Trial in the Senate shall election
proceed. 6.) For Ombudsman: He must have been for
ten years or more
7.) Trial in the Senate a. A judge or
b. Engage in the practice of law in the
A. Senate has the sole power to try and Philippines
decide all cases of impeachment
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
a. 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
b. Appointments do NOT require
confirmation
c. All vacancies shall be filled within 3
months after they occur.
2. Of other officials and employees of the Office of
the Ombudsman
d. By the Ombudsman
e. 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.
a. The SC held that the power to
investigate and prosecute cases
involving public officers and
employees has been transferred to
the Ombudsman.
b. The Ombudsman may always
delegate his power to investigate.
c. The power to investigate includes
the power to impose preventive
suspension.
d. This preventive suspension is not a
penalty.
e. “INVESTIGATE” does not mean
preliminary investigation.
f. The complaint need not be drawn up
in the usual form.
g. The “ILLEGAL” act or omission need
not be in connection with the duties
of the public officer or employee
concerned.
h. 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.
a. The Ombudsman has PERSUASIVE
POWER, and may require that
proper legal steps are taken by the
officers concerned.
b. 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
c. The SC has held that the SP may
prosecute before the
Sandiganbayan judges accused of
graft and corruption, even if they are
under the Supreme Court.
3.) Direct the officer concerned to take the The Office of the Ombudsman enjoys fiscal
appropriate action against a public official or autonomy. Its approved annual appropriations
employee at fault, and recommend his removal, should be automatically and regularly released.
suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.
Section 7: OFFICE OF THE SPECIAL
a. The Ombudsman does NOT himself PROCECUTOR
prosecute cases against public
officers or employees. 1. Under the 1987 Constitution, the existing
b. Final say to prosecute still rests in Tanodbayan became the Office of the Special
the executive department. Prosecutor
c. The Ombudsman or Tanodbayan
may use mandamus to compel the 2. Powers
fiscal to prosecute. a. It will continue to function and
exercise its powers as now or
4.) Direct the officer concerned, in any appropriate hereafter may be provided by law
case, and subject to such limitations as may be b. Exception: Powers conferred on the
provided by law to furnish it with copies of Office of the Ombudsman
documents relating to contracts or transactions
entered into by his office involving the 3. The Office of the Special Prosecutor is
disbursement or use of public funds of properties, subordinate to and acts under the orders of the
and report any irregularity to COA for appropriate Ombudsman
action.
Note: According to Jack, the SC was wrong
because the ConCom intended that the SP was to
prosecute anti-graft cases.
5.) Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary, Section 15: RECOVERY OF ILL-GOTTEN
pertinent records and documents. WEALTH

6.) Public matters covered by its investigation when Prescription, Laches, Estoppel
circumstances so warrant and with due process
1.) The right of the State to recover properties
7.) Determine the cause of inefficiency, red tape, unlawfully acquired by public officials and
mismanagement, fraud and corruption in the employees from them or from their nominees or
government and make recommendations for their transferees shall NOT be barred by
elimination and the observance of high standards of prescription, laches or estoppel.
ethics and efficiency 2.) Their right to prosecute criminally these
officials and employees may prescribe.
8.) Promulgate its rules of procedure and exercise
such other powers or perform such functions or
duties as may be provided by law Section 16: PROHIBITION ON CERTAIN
FINANCIAL TRANSACTIONS
Note: The Office of the Ombudsman also has the
duty to act promptly on complaints filed in any form Coverage:
or manner against public officials or employees of
the government, or any subdivision, agency or This prohibition applies to:
instrumentality including GOCCs and their
subsidiaries. In appropriate cases, it should notify 1.) President
the complainants of the action taken and the result 2.) Vice-President
thereof. 3.) Members of the Cabinet
4.) Members of Congress
Fiscal Autonomy: 5.) Members of Supreme Court
6.) Members of Constitutional Commissions
7.) Ombudsman
8.) Any firm or entity in which they have
controlling interest
Section 18: Allegiance of public officers and
When prohibition applies: employees

Prohibition applies during their TENURE. Allegiance to the State and to the Constitution
Change in Citizenship/Immigrant Status
Scope of prohibition:
1.) Incumbent public officers and employees
1.) The above mentioned officials cannot who seek either:
obtain, directly or indirectly for BUSINESS
PURPOSES: a. Change his citizenship; or
a. Loans b. Acquire immigrant status in another
b. Guarantees country
c. Other forms of financial Shall be dealt with by law.
accommodation
From: 2.) If Philippine citizenship is one of the
1. Government owned or qualifications to the office, the loss of such
controlled banks; or citizenship means the loss of the office by the
2. Government owned or incumbent.
controlled financial
institutions. 3.) The Election Code provides the rules with
respect to non-incumbents, i.e. persons running
2.) If the loan, etc, is NOT for business for elective offices.
purpose, e.g. a housing loan, the prohibition
does not apply. a. The Code provides that permanent
residents of or immigrant to a foreign
country cannot file certificates of
Section 17: Statements of assets, liabilities and candidacy unless they expressly
net worth waive their status as such
This renunciation must be some other than, and
When submitted: prior to, the filling of the certificate of candidacy.

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 ARTICLE XII – NATIONAL ECONOMY AND
required under the law. PATRIMONY

When declaration shall be disclosed to the SEC. 1. GOALS OF THE NATIONAL ECONOMY
public:
Three-fold goal:
These declarations shall be disclosed to the public
in a manner provided by law in the case of: 1. More equitable distribution of opportunities,
income and wealth;
1.) President 2. Sustained increase in the amount of goods and
2.) Vice-President services produced by the nation for the benefit of
3.) Members of the Cabinet the people; and
4.) Members of Congress 3. Expanding productivity, as the key to raising the
5.) Justices of the Supreme Court quality of life for all.
6.) Members of Constitutional Commissions
7.) Other constitutional offices The State shall promote industrialization and
8.) Officers of the armed forces with general or full employment
flag rank
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
a. The capacity of the State to own and
acquire property.
b. 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 fishworkers 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
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

1. The State shall protect its marine wealth in its Taking into account the requirements of
Archipelagic waters conservation, ecology and development, and
Territorial sea & subject to the requirements of agrarian reform,
EEZ Congress shall determine by law the size of the
lands of the public domain which may be acquired,
2. The State shall reserve its use and enjoyment developed, held or lease and the conditions
exclusively to Filipino citizens. therefore.

Section 3. LANDS OF THE PUBLIC DOMAIN Means by Which Lands of the Public Domain
ARE CLASSIFIED INTO Become Private Land

1. Agricultural 1. Acquired from government by purchase or grant;

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.
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.

Limitations regarding Alienable Lands of the Section 4. Congress shall, as soon as possible,
Public Domain determine by law, the specific limits of forest
lands and national parks, marking clearly their
1. For private corporations or associations boundaries on the ground. Thereafter, such
forest lands and national parks shall be
A. They can only hold alienable lands of the conserved and may not be increased or
public domain BY LEASE diminished, EXCEPT by law. Congress shall
B. Period: Cannot exceed 25 years, provide measures to prohibit logging in
renewable for not more than 25 years a. Endangered forest and
C. Area: Lease cannot exceed 1,000 b. Watershed areas
hectares
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 defense
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
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. Filipino citizens; 1) Creation of more economic opportunities and

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.
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.

Practice of ALL Professions Filipino Labor

citizens only (natural persons)
 Section 3 of Article XIII elaborates on the
*Congress may, by law, otherwise prescribe provision in Article II by specifying who are
protected by the Constitution, what rights are
Mass Media guaranteed, and what positive measures the
1. Filipino citizens; or state should take in order to enhance the
2. Corporations incorporated in RP, and 100% welfare of labor.
Filipino owned
Right to organize and to hold peaceful
Advertising concerted activities
1. Filipino citizens; or
2. Corporations incorporated in RP, and 70%  The right to organize is given to all kinds of
Filipino owned. workers BOTH in the PRIVATE and PUBLIC
sectors.
Educational institution  The workers have a right to hold peaceful
1. Filipino citizens; or concerted activities except the right to strike,
2. Corporations incorporated in RP, with 60% which is subject to limitation by law.
Filipino ownership
EXCEPT: Schools established by religious groups Right to participate in the decision making
and mission boards. process of employers
*Congress may, by law, increase Filipino equity
requirements for ALL educational institutions. The workers have the right to participate on matters
affecting their rights and benefits, “as may be
Other economic activities Congress may, by provided by law”. This participation can be through
law, reserve to Filipino citizens or to corporations
60% Filipino owned (or even higher) certain 1) collective bargaining agreements,
investment areas. 2) grievance machineries,
3) voluntary modes of settling disputes,
and
4) conciliation proceedings mediated
ARTICLE XIII – SOCIAL JUSTICE AND HUMAN by government.
RIGHTS

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 enrollment.
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 favor of the
Philippines but also in favor 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.
arrastre 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 as 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
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.
by
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.