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 constitutional amendment.
2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by
law.
3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s

Local government
-has been described as “a political subdivision of a nation or state which is constituted by law and has
substantial control of local affairs.”
-it can only be an infra-sovereign subdivision of one sovereign nation
-it cannot be an imperium in imperio (therefore Congress can still impose limit on their powers)
-can only mean a measure of autonomy and decentralization of the function of government

Autonomous Region- is a body corporate consisting of provinces, cities and municipalities

Province- a political and territorial body corporate consisting of several municipalities and cities
Cities and Municipalities- composed of barrios and are subordinate to a province
Highly Urbanized Cities- can be made independent of a province
Barangay- is the basic political and territorial self-governing body corporate and is subordinate to the
municipality or city of which it forms a part
The 1986 Commission chose to retain (barangay) because of:
 Its historical significance of Asian History
 Existing laws which use the term
 Contemporary references to it in political news report

Subdivisions
-The territorial and political subdivisions of the RP are the provinces, cities, municipalities, and barangays.
There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided
-An autonomous region is part of the local government. From the perspective of the Constitution, autonomous
regions are considered one of the forms of local governments, as evident from Art. X of the Constitution
entitled “Local Government.”

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.
 Judiciary may still pass on LGU actions
 President may exercise disciplinary power over LGU officials.

Local Autonomy.
 The territorial and political subdivisions shall enjoy local autonomy.

Local Autonomy means more than just decentralization.

Decentralization of Administration

 There is decentralization of administration when the central government delegates administrative powers to
political subdivisions or confers power and authority upon the various local government units to perform
specific functions and responsibilities.
 This is also known as “devolution” granted to local government units.

Decentralization of Power

 There is decentralization of power when the central government abdicates political power in favor of local
governments declared to be autonomous.
 in that case the autonomous government is free to chart its own destiny and shape its future with
minimum intervention from central gov’t authorities
 This is also known as “self-immolation” granted to autonomous regions.

Categories of Decentralization

 Political decentralization or devolution.

 Administrative decentralization or de-concentration.
 Fiscal decentralization.
 Policy or decision-making decentralization.

Note:
o Autonomy for local government in general will be less than for the autonomous regions.
o Municipal government are only agents of the national government. Municipal corporations owe their
origin to, and derive their powers and rights wholly from the legislature. “As it creates, so it may destroy.
As it may destroy, it may abridge and control.” The power to create still includes the power to destroy.
The power to grant still includes the power to withhold or recall.
o COA may not reduce the allowance given to judges by local gov’t. The Local Government Code
authorizes local governments to give allowances to judges and decide how much this should be.
o In the case of Laguna Lake Development Authority vs. CA, the Supreme Court denied to the
municipalities around laguna lake the power to authorize the construction or dismantling of fishpens.
The Court pointed out that the power given by the LGC to LGU was a REVENUE GENERATING
POWER and NOT A REGULATORY POWER.
o Court denies regulatory authority to the municipalities, however, recognized their authority to impose
fees for purposes of generating revenue.

RELEVANT RULINGS:
SP of Bataan vs. Cong. Garcia
Whether or not R.A. No. 8562 infringes on the State's underlying policy of local autonomy for its territorial and
political subdivisions?
-Local autonomy is not an issue in the passage R.A. No. 8562 for it was not intended to expropriate the
subject lots, but to confirm their character as communal land of the State
Mangune vs. Ermita.
Is E.O. No. 567 unconstitutional for amending Sec. 17(e), LGC, which limits devolution of basic services and
facilities to LGUs to only six months after the effectivity of the law?
- No. The six-month period was not intended as a prescriptive period but to prompt the national
government to speedily devolve the existing services to the LGUs.
Rama vs. Moises
Is Section 3(b) of P.D. 198 insofar as it vests unto the governor the appointing power of water district board of
directors in highly urbanized city, valid and constitutional?
 -No, for being in violation of the express policy on local autonomy, the 1991 Local Gov’t. Code and and
for being violative of the Due Process and the Equal Protection Clauses.
Zabal vs. Duterte
Did Proc. No. 475, which temporarily closed Boracay, intrude into local govt. autonomy?
-No, for it even recognizes and puts premium on the role of the LGUs in disaster risk reduction and
management. The involvement of gov’t. agencies in the rehabilitation does not amount to intrusion as
their roles are defined

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.

Local Government Code

-The Congress shall enact a local government code which shall provide for a more responsive and
accountable local government structure instituted through of a system of decentralization and effective
mechanism of recall, initiative, and referendum.
- the structuring of local governments and the allocation of powers, responsibilities, and resources among the
different local government units and local officials have been placed by the Constitution in the hands of
Congress
The local government code shall
 allocate among different LGUs their powers, responsibilities, and resources;
 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 local units
Initiative and referendum on local level
- defines as “the legal process whereby the registered voters of a local government unit may directly propose,
enact, or amend any ordinance” (Note: The Court has ruled that it applies also on resolutions.)

Recall
-one instrument of immediate accountability is “an effective system of recall”
-means a device or procedure by which a public official’s tenure may be terminated by popular vote
-may be applied to both elective and appointive officials
-the system formulated must be “effective” (required by the constitution)
-There is nothing in the Constitution that will remotely suggest that the people have the “sole and exclusive
right to decide on whether to initiate a recall proceeding.” The Constitution did not provide for any mode, let
alone a single mode, of initiating recall elections. Neither did it prohibit adoption of multiple modes of initiating
recall elections.

Preparatory Recall Assembly

- authorized to initiate the recall of an elective official

 RELEVANT RULINGS:
Pimentel vs. Ochoa
Does the PHP21 billion CCTP budget allocation under the DSWD violate Sec. 3, Art. X, by recentralization in
the delivery of basic services already devolved to the LGUS?
-No. The national government is not precluded from taking a direct hand in the formulation and
implementation of national development programs.
GenSan vs. COA.
Does General Santos City have the power to streamline & reorganize its local government bureaucracy and
authority to create a separate or supplementary retirement benefit plan?
-It has the power to streamline and reorganize its local bureaucracy but not the power to create a
separate/supplementary retirement benefit plan.
Aquino vs. Mun. of Malay
Can LGUs establish “no-build-zones”? Does the LGU have the power to demolish structures which are
nuisance per se and per accidens?
-Yes. No build zones are intended for the protection of the public because the stability of the ground’s
foundation is adversely affected by the nearby body of water.
Fernando vs. St. Escolastica College
Is Marikina City Ordinance No. 192, insofar as imposing a five-meter set back, a valid exercise of police
power?
-Ordinance No. 192, series of 1994 must be struck down for not being reasonably necessary to
accomplish the City’s purpose. More importantly, it is oppressive of private rights
Social Justice Society vs. Lim
Is amendatory Manila Ordinance No. 8187, which would allow the continued stay of oil depots in Pandacan,
valid and constitutional?
-Scaling down of the operations in the Pandacan Terminals, remain insufficient to convince the Court
that the dangers posed by the presence of the terminals in a thickly populated area have already been
completely removed

Section 4.  PRESIDENTIAL SUPERVISION OF LGUS

Control or Supervision?
-Provinces with respect to component cities and towns, and cities and towns with respect to component
barangays shall ensure that the acts of their component units are within the scope of their prescribed powers
and functions.

Supervision of President
1)      The President exercises general supervision over all LGUs
2)      The President exercises DIRECT supervision over
o Provinces
o Autonomous regions and
o 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.

League of Provinces vs. DENR

Was DENR’s cancellation of small-scale mining permits amount to control and usurpation of the devolved
powers of provinces?
-No. The Local Government Code did not fully devolve the enforcement of the small-scale mining law to
the provincial government, as its enforcement is subject to the supervision, control and review of the
DENR.

Note:

o The Constitution places the local government unit under the general supervision of the EXECUTIVE
o The supervisory power of the superior local government unit is limited to ensuring “that the acts of their
component units are within the scope of their prescribes powers and functions” The power is limited to
ensuring that the acts of the inferior local government unit are not ultra vires.
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.

QUESTIONS?
 Can LGUs, on their own, levy taxes, fees, and charges under Sec. 5, Art. X?
 What is the percentage sharing with the national government on taxes & fees generated by LGUs?
 Can local governments impose interest and surcharges on taxes due?

Local Finance and Taxation

-Each LGU shall have the power to create its own sources of revenues and to levy taxes, fees, and charges
subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local
autonomy.

RELEVANT RULINGS:
FDCP vs. Colon Heritage
Are Secs. 13 and 14 of RA 9167 invalid for being unconstitutional and violative of local fiscal autonomy?
-Yes. While Congress did not remove the power of LGUs to levy amusement taxes but it earmarked, if
not altogether confiscated, the income to be received by the LGU in favor of and for transmittal to
FDCP.
NPC vs. City of Cabanatuan
Can local governments impose interest and surcharges of taxes due?
-Sec. 168 of R.A. 7150 categorically provides that the local government unit may impose a surcharge
not exceeding 25% of the amount of taxes, fees, or charges not paid on time and 2% monthly interest
but not exceeding 36 months
NPC vs. City of Cabanatuan
Did the City of Cabanatuan impose the correct surcharge?
-No. The yearly accrual of 25% surcharge and the 2% per month interest imposed over a period of ten
years are oppressive and unconscionable with the total assessment of PHP24million [delinquent
tax:PHP10million]
Ferrer vs. Bautista
Are Quezon City Ordinance Nos. SP-2095, S-2011 and SP-2235, S-2013 on the Socialized Housing Tax and
Garbage Fee, valid and constitutional?
-The SHT is valid and constitutional and consistent with the 1987 Constitution’s espousal that the use
of property bears a social function and that all economic agents shall contribute to the common good
Ferrer vs. Bautista
The annual garbage fee on all domestic households in Quezon City is illegal and unconstitutional for being
unjust and inequitable and contrary to R.A. 9003 which provides that “the authority of a municipality or city to
impose fees is limited to the collection and transport of non-recyclable and special wastes and for the disposal
of these into the sanitary landfill.
Alta Vista Golf vs. Cebu City
Is Section 42 of the Revised Omnibus Tax Ordinance, as amended, imposing amusement tax on golf courses
within the authority of Cebu City to enact under the Local Government Code?
-No. While Sec. 140 of the LGC grants local governments the power to levy amusement tax but a golf
course is not an amusement place
Lim vs. Colet
Is Section 21(B) of Manila City Ordinance No. 7794, insofar as it imposes business tax on businesses already
assessed with percentage taxes, valid and constitutional?
-No. Section 133(j) of the LGC clearly proscribes LGUs from imposing any tax on the gross receipts of
transportation contractors and common carriers by air, land, or water
MCIAA vs. City of Lapu-Lapu
Can the City of Lapu-Lapu tax MCIAA?
-MCIAA is an instrumentality of the government; thus, its properties actually, solely and exclusively
used for public purposes, consisting of the airport terminal building, airfield, runway, taxiway and the
lots on which they are situated, are not subject to real property tax

Rule of the Thumb

 Taxes, fees, and charges generated under Sec. 5, Art. X, shall accrue exclusively to the local governments.
 Sec. 5, Art. X shall not extend to the levy of income taxes, documentary stamp tax, excise tax, among
others.
 Only Congress can provide limitations and guidelines on revenue generation under Sec. 5

Note:
o Municipal corporations possess no inherent power to tax
o Section 5 does not change the doctrine that municipal corporations do not possess inherent powers of
taxation. What it does is to confer on municipal corporations a general power to levy taxes and
otherwise create sources of revenue. They no longer have to wait for statutory grant of these powers.
o It must be understood that the taxes imposed by local governments must be for a public purpose,
uniform within a locality, must be confiscatory, and must be within the jurisdiction of the local
unit to pass.
o Local governments are authorized to impose business taxes, they can do so only if the entity being
subjected on business tax is a business.
o Statutory Construction
 Any provision on a power of a local government unit shall be liberally interpreted in its favor, and
in case of doubt, it shall be resolved in favor of devolution of powers and of the lower local
government unit.
 Any tax ordinance or revenue measure, in case of doubt, shall be construed strictly against the
local government unit enacting it and liberally in favor of the taxpayer.
In short, the power of local government to tax is liberally interpreted in its favor against the state, but it
is strictly construed against the local government in favor of the taxpayer.

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
Ground:  Unmanageable public section deficit
President can make the necessary adjustments in the IRA upon the recommendation of the following:
 Department of Finance Secretary
 DILG Secretary
 DBM Secretary
6)      IRA considered for purposes of conversion from one political subdivision to the next.  (Alvarez v.
Guingona)

Share in National Taxes/Wealth

 How much is the just share of LGUs on the national taxes? The amount will be “as determined by law.” This
is distinct from the taxes which the local government itself might impose.
 How much is the share of LGUs on the national wealth?
Share in National Taxes
Local governments shall have a just share, as determined by law, in the national taxes which shall be
automatically released to them.

RELEVANT RULINGS:
Pimentel vs. Aguirre
A basic feature of local autonomy is the automatic release of the shares of the local government units in the
national internal revenue, which cannot be subject to restriction by the Department of Budget and Management
unless it is well-within the supervisory powers of the President.
Villafuerte vs. Robredo
Do the assailed DILG Memorandum Circulars violate LGU’s local and fiscal autonomy?
-No, the assailed memoranda were either:
 mere reiteration of the provisions of the Local Government Code, or
 responsive to COA audit report, or
 well-within the power of supervision of the President.
Villafuerte vs. Robredo
-MC 2010-83 pertains to full disclosure of local budget & finances, and bids & public offerings.
-MC 2010-138 pertains to the use of the 20% component of the annual internal revenue allotment shares.
-MC 2011-08 pertains to the strict adherence to Sec. 90 of RA 10147 or the General Appropriations Act of
2011
Mandanas vs. Ochoa
Is Section 284 of the LGC unconstitutional for being repugnant to Section 6, Article X of the 1987 Constitution?
-Yes. The exclusion of other national taxes like customs duties from the base for determining the just
share of the LGUs contravened the express constitutional edict in Section 6, Article X the 1987
Constitution.
Mandanas vs. Ochoa
What national taxes should be included in the base for computing the just share the LGUs?
-National Internal Revenue Tax.
 Tariffs and customs duties.
 60% of tax on EDU of natural resources.
 85% of tobacco excise tax.
 5% of the franchise tax
Mandanas vs. Ochoa.
Can the LGUs’ just share in the national taxes be automatically released without the need of an appropriation?
-Yes. As soon as Congress shall have determined the just share of the LGUs in the national taxes, the
same shall be released to them without need of yearly appropriation

Note:
o Neither Congress nor the Executive may impose conditions on the release.
o The Constitution lays upon the Executive the duty to automatically release the just share of local
governments in the national taxes, so it enjoins the legislature not to pass laws that might prevent the
executive from performing his duty.
o To maintain a fair and equitable distribution of national taxes, the local units must be created according
to uniform and non-discriminatory criteria prescribed in the Local Government Code. If the creation of
cities following the criteria in Cityhood Laws passed by Congress and not those in the Local
Government Code was nullified.

Section 7.  SHARE OF LGUS IN NATIONAL WEALTH

Share of LGUs in national wealth

1)      LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national
wealth within their respective areas in the manner provided by law.
2)      This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1)      LGUs have a share of 40% of the gross collection derived by the national government from the preceding
fiscal year from
1. Mining taxes
2. Royalties
3. Forestry and fishery charges
4. Other taxes, fees and charges
5. Share in any co-production, joint venture or production sharing agreement in the utilization and
development of the national wealth w/in their territorial jurisdiction

Share in National Wealth

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

RELEVANT RULINGS:
Republic vs. Palawan
Is the Province of Palawan entitled to forty percent (40%) of the government's earnings derived from the
Camago-Malampaya natural gas project?
-No. The Camago-Malampaya natural gas project is outside the territorial jurisdiction of Palawan which
pertains only to its land area.
Republic vs. Palawan
-Only the utilization of natural resources found within the land area as delimited by law is subject to the
LGU's equitable share under Sections 290 and 291 of the Local Government Code.
Republic vs. Palawan
-The deliberations of the 1986 Constitutional Commission cited as examples of national wealth the
proceeds from which the LGU may share, the Tiwi Geothermal Plant in Albay, the Maria Cristina area in
Central Mindanao, and the great rivers and sources of hydroelectric power in Iligan, which are all
situated inland
Republic vs. Palawan
-None of the parties assert that the CamagoMalampaya reservoir is within the territory of Kalayaan as
delimited in Section 1 of P.D. No. 1596 or as referred to in R.A. No. 9522, [266] commonly known as
the " 2009 baselines law.”
Republic vs. Palawan
-The Court is not persuaded by the invocation of P.D. No. 1596 by the Province of Palawan, in arguing
that similar to Kalayaan, its territory extends to the seabed, the subsoil and the continental margin. The
delineation of territory in P.D. No. 1596 refers to Kalayaan alone
Republic vs. Palawan
-The inclusion of the seabed, subsoil and continental margin in Kalayaan's territory cannot, by simple
analogy, be applied to the Province of Palawan. To hold otherwise is to expand the province's territory,
as presently defined by law, without the requisite legislation and plebiscite.

Sec. 8.  TERM OF OFFICE

Term of Office
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.

Term Limitations
The term of office of elective local officials, except barangay officials, which shall be determined by law, shall
be three years and no such official shall serve for more than three consecutive terms

Purpose
The three-term limit rule was enacted to prevent the establishment of political dynasties and to enhance the
electorate’s freedom of choice

For services to be counted as one term for the purposes of the three-term limit, 2 essential elements are
required:
1) The official must have been elected to the position three consecutive times
2) He must have served three full terms
Consequently, it is not enough that an individual has served three consecutive terms in an elective local office,
he must also have been elected to the same position for the same number of times before the disqualification
can apply.

Note:
When an official is suspended, he thereby shortens neither his term nor his tenure. He is still considered the
rightful holder of the office and therefore must be considered as having served a full term during the period of
suspension. To reward him with another full term would seem to be to reward wrongdoing.

Authority of Congress
The authority of Congress to legislate in fixing the term of office of barangay officials also include the
application of the three-term limit. Congress had the LGC’s three-term limit in mind when it enacted RA No.
9164.

Automatic Succession
The constitutional intent is to cover only the term of office to which the local elective officials may have been
elected for purposes of the three-term limit, disregarding for this purpose service by automatic succession.

LGU Conversion
The conversion of a municipality to a city does not interrupt the three (3) term limitations, there being no break
in the continuity of the terms. There being no alteration in the geographic boundaries and inhabitants of the
converted LGU.

Renunciation
Voluntary renunciation shall not be considered an interruption in the continuity of his service for the full term for
which he was elected.

Preventive Suspension
Asilo’s 2004-2007 term was not interrupted by the Sandiganbayan-imposed preventive suspension in 2005, as
preventive suspension does not interrupt an elective official’s term for purposes of the three-term limit rule
under Sec. 8, Art. X of the Constitution and Sec. 43(b) of R.A. 7160.
Recall Interruption.
Six months after serving three full terms as Mayor of Puerto Princesa, Mayor Hagedorn is qualified to run in a
recall election against newly elected Mayor Socrates. Between the end of his term and the recall election, there
was an interruption, thus, breaking the successivenes.

RELEVANT RULINGS:
Abundo vs. Comelec
Does the service of a term less than the full three years considered as full service of the term for purposes of
the three term limit rule?
 -No. The consecutiveness of Abundo’s three suc-cessive continuous mayorship was effectively broken
when he was initially deprived in an election protest.

Halili vs. Comelec

Was Morales’ second term as mayor of the Municipality of Mabalacat interrupted by the conversion of the
municipality into a component city?
-No. Morales never ceased from acting and discharging his duties and responsibilities as Mabalacat
Mayor, despite the conversion of the Municipality into Mabalacat City.
Tallado vs. Comelec
Did Tallado’s candidacy violate the 3 term limit rule?
-No. Tallado was qualified to run again. The Ombudsman’s dismissal order resulted in the loss of title to
office and, thus, constituted as an involuntary interruption of Tallado’s service of his full term
Tallado vs. Comelec
Once the order of the Ombudsman to dismiss an elective local official is executed, the dismissed official
thereby loses title to the office even if he has filed a timely appeal assailing the dismissal which would have
prevented it from attaining finality.
Agustin vs. Comelec.
Is the petitioner who filed a valid CoC, but used his USA passport after his renunciation of foreign citizenship,
qualified to run for Mayor?
-No. The continued exercise of his rights as a US citizen by using his USA passport after the
renunciation of his USA citizenship reverted him to his earlier status as a dual citizen.

Qualifications (Sec. 49, RA 7160)

An elective official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city,
province or in the district where he intends to be elected; resident therein for at least one (1) year immediately
preceding the day of the election; and able to read and write Filipino or any other local language or dialect.

Rule of the Thumb

o The three-term limitation does not extend to service by automatic succession.
o The conversion of a municipality to a city does not interrupt the three (3) term limitations, there
being no break in the continuity of the terms
o Voluntary renunciation does not interrupt the continuity of the full term service
o Preventive suspension does not interrupt an elective official’s term for purposes of the three-
term limit rule.
o Full or partial ouster in an election protest interrupts elective official’s term for purposes of the
three-term limit rule.
o Full or partial dismissal from office by the Ombudsman, Sandiganbayan or Supreme Court
interrupts elective official’s term for purposes of the three-term limit rule.
o A recall election interrupts the “consecutiveness” of a third termer official.
o The term of the recalled official is not interrupted if re-elected in the recall election.
o The term of a candidate who won in a recall election, other than the recalled official, is not
considered a full term for purposes of the three term limitation.

Sec. 9.  SECTORAL REPRESENTATION IN LGUS

Legislative bodies of local governments shall have sectoral representation as may be prescribed 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
LGU Creation, Merger, Abolition
-No province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance with the LG code criteria and subject to a
plebiscite in the political units directly affected
 “the authority to create municipal corporations is essentially legislative in nature”
 The initial step in the creation of local units belongs to the Congress.
 As to the creation of Cities, the Congress must follow the criteria established in the Local Government
Code and not in any other law.
1)      Requisites
1. Compliance with the requirements of the Local Government Code; and
2. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected.

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

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

Required No. of Plebiscite:

 Barangay  municipality wide/ city wide

 Municipality/Component City  province wide
 Province  mother province

RELEVANT RULINGS:
Navarro vs. Ermita
Is RA 9355, An Act Creating the Province of Dinagat Islands, constitutional?
-No. It failed to comply with the land area requirement for the creation of a province. The Province of
Dinagat Islands contains an approximate land area of 802.12 sq.km, and thus, failed to comply with the
land area requirement of 2,000 square kilometers
Navarro vs. Ermita (MR)
-Consistent with local autonomy, contiguity and minimum land area requirements for prospective local
government units should be liberally construed in order to achieve the desired results. The passage of
R.A. No. 9355 showed the clear legislative intent to incorporate into the LGC that exemption from the
land area requirement of islands provinces.
Umali vs. Comelec
-In the plebiscite for the proposed conversion of Cabanatuan City to a highly urbanized city, the
registered voters of Cabanatuan City and the province of Nueva Ecija are qualified to cast their votes.
Umali vs. Comelec
The economic and political rights of the province of Nueva Ecija and its residents stand to be directly
affected by the conversion of Cabanatuan City into an HUC. Following the doctrines in Tan and Padilla,
all the qualified registered voters of Nueva Ecija should then be allowed to participate in the plebiscite
called for that purpose.

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 not the totality of the concerns of municipal government but only basic services.

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.

Metro Subdivision & LGU Groupings

 The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as
set forth in Section 10 hereof
 The component cities and municipalities shall retain their basic autonomy and shall be entitled to their
own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic services requiring coordination.
 Local government units may group themselves, consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them in accordance with law.

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.

HUCs and Independent Cities

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

Section 13.  Coordination among LGUS

Consolidation and Coordination of Efforts, Services and Resources

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

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

Under LGC (Section 33)

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

2)      A public hearing should be conducted and the approval of the sanggunian obtained.
3)      An LGU can:
  Contribute funds, real estate, equipment and other kinds of property
 Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating
LGUs through Memoranda of Agreement.

Section 14.  REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDC?

The President shall provide for RDC or other similar bodies composed of:
Composition
1)      Local government officials
2)      Regional heads of departments and other government offices
3)      Representatives of NGOS within the regions

For Purpose of
1)      Administrative decentralization
2)      To strengthen local autonomy
3)      To accelerate the economic and social growth and development of the units in the region

Regional Development Councils

The President shall provide for RDCs for purposes of administrative decentralization to strengthen the
autonomy and to accelerate the economic and social growth and development of the units in the region.

Republic vs. Bayao

Does the President have the power to merge administrative regions and transfer the regional center and
regional offices?
-Yes. While this power is not expressly provided for in the Constitution, it is a power which has
traditionally been lodged with the President to facilitate the exercise of the power of general supervision
over local governments
Republic vs. Bayao.
In Chiongbian v. Orbos, we held further that the power of the President to reorganize administrative regions
carries with it the power to determine the regional center.

Section 15.  AUTONOMOUS REGIONS

Where:

1)      Muslim Mindanao

2)      Cordillera region

Factors:

1)      Historical heritage

2)      Cultural heritage

3)      Economic and social structures,

4)      Other relevant characteristics within:

1. The framework of the constitution

2. National sovereignty
 3. Territorial integrity.

Creation:

1)      Provided by law.

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

3)      Only those Provinces, Cities, and Geographical Areas voting 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.

Section 16.  GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

Autonomous Regions
- The President shall exercise general supervision over autonomous regions to ensure that laws are
faithfully executed
By Whom:

The President

Purpose:

To ensure that the laws are faithfully executed.

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

2) National defense and Security

3) Monetary Affairs

Autonomous Regions.
- All powers, functions, and responsibilities not granted by the Constitution or by law to the autonomous
regions shall be vested in the National Government.

RELEVANT RULING:
Prov. of Cotabato vs. GRPP Panel
-The Memorandum of Agreement on the Ancestral Domain (MOA-AD) is not merely an expanded
version of the ARMM, the status of its relationship with the national government being fundamentally
different from that of the ARMM
Prov. of Cotabato vs. GRPP Panel
 - Indeed, Bangsamoro Juridical Entity is a state in all but name as it meets the criteria of a state laid
down in the Montevideo Convention, namely, a permanent population, a defined territory, a
government, and a capacity to enter into relations with other states.

Section 20.  LEGISLATIVE POWERS

The Organic Act of Autonomous Region shall provide for legislative powers over:

1)      Administrative organization;

2)      Creation of sources of revenues;

3)      Ancestral domain and natural resources

4)      Personal, family and property relations

5)      Regional, urban, and rural planning development;

6)      Economic, social, and tourism development;

7)      Educational policies;

8)      Preservation and development of the cultural heritage; and

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

Limitations:

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

2)      To be exercised within its territorial jurisdiction

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

Peace and Order

It shall be the responsibility of the local police agencies.

Defense and Security

It shall be the responsibility of the national government.

BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDADANO (R.A. NO. 11054)

Bangsamoro People- Those who, at the advent of the Spanish colonization, were considered natives or
original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full
blood, shall have the right to identify themselves, their spouses and descendants, as Bangsamoro.
Bangsamoro Symbol- The Bangsamoro Parliament shall adopt the official flag, emblem, and hymn of the
Bangsamoro Autonomous Region.
Bangsamoro Waters- All inland waters such as lakes, rivers, river systems, and streams within its territorial
jurisdiction shall form part of the BAR’s inland waters. The municipal and regional waters of the BAR Region
shall extend up 15/19 kilometers from the low-water mark of the coasts that are part of the Bangsamoro
territorial jurisdiction.
Bangsamoro Territory- The land mass as well as the waters over which the Bangsamoro Autonomous
Region has jurisdiction consisting of: the present geographical area of ARMM; Baloi, Munai, Nunungan,
Pantar, Tagoloan, Tangkal of Lanao del Norte; 39 barangays in North Cotabato; Cities of Cotabato & Isabela of
Basilan; and opt-in territories
Bangsamoro “Opt In” Territories - All other contiguous areas where there is a resolution of the local
government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their
inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Organic Law
Autonomous Regions
- There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of
provinces, cities, and municipalities, and geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant characteristics.
-The creation of the autonomous region shall be effective when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose, provided that only province, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous region.
-The Organic Act shall define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and representative of the constituent
political units.
Bangsamoro Government- The Bangsamoro Autonomous Region shall have a democratic political system
that allows its people to freely participate in the political processes within its territorial jurisdiction. The
Bangsamoro Autonomous Region shall have parliamentary form of government.
Autonomous Regions- The Organic Act shall likewise provide for special courts with personal, family, and
property law jurisdiction consistent with the provisions of the Constitution and national law
Bangsamoro Shari’ah High Court
-There is hereby created within the Bangsamoro territorial jurisdiction, as part of the Philippine judicial system,
a Shari’ah High Court. The Shari’ah High Court shall exercise appellate jurisdiction over all cases under the
Shari’ah District Courts within or outside the Bangsamoro Autonomous Region.
-The decisions of the Shari’ah High Court shall be final and executory except questions of law which may be
raised before the Supreme Court following the procedure for appeals from the Court of Appeals to the
Supreme Court.
Autonomous Regions

 Within its territorial jurisdiction and subject to the 1987 Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
 administrative organization;
 creation of sources of revenues;
 ancestral domain and natural resources;
 personal, family, and property relations;
Autonomous Regions
 regional urban/rural planning development;
 economic, social, and tourism development;
  educational policies;
 Preservation/development of cultural heritage;
 and such other matters as may be authorized by law for the promotion of the general welfare of the
people of the region.
Bangsamoro Share in National Taxes - As its share in the national taxes, the Bangsamoro shall receive an
annual block grant equivalent to five percent (5%) of the net national internal revenue tax collection of the
Bureau of Internal Revenue and the net collection of the Bureau of Customs.
Bangsamoro Share: EDU Resources - Government revenues generated from the exploration, development,
and utilization of all natural resources in the Bangsamoro Autonomous Region, including mines and minerals,
shall pertain fully to the Bangsamoro Government.
Bangsamoro Special Rehab Fund - The National Government shall provide a special rehabilitation and
development fund to the Bangsamoro Government Fifty billion pesos (P50,000,000,000.00), at Five billion
pesos (P5,000,000,000.00) per year, for a period of ten (10) years.
Autonomous Regions - The preservation of peace and order within the regions shall be the responsibility of
the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with
applicable laws. The defense and security of the regions shall be the responsibility of the National
Government.

XI- ACCOUNTABILITY OF PUBLIC OFFICER

Sec. 1
Public Office, Public Trust
-Public office is a public trust. Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility
Impeachable Officials
 President
 Vice-President
 Supreme Court Justices
 Constitutional Commissioners
 Ombudsman
Impeachable Grounds
 Culpable violation of the Constitution
 Treason
 Bribery
 Graft and corruption
 Other high crimes
 Betrayal of public trust

Impeachment
-Rossiter: “A rusted blunderbuss, seldom brandished and hardly ever used.”
-Impeachment is a method of national inquest into the conduct of public men.
-It touches neither his person nor his property, but simply divests him of his political capacity
Republic vs. Sereno.
Does Sec. 2 of Art. XI preclude a quo warranto action questioning an impeachable officer's qualifications to
assume office?
-No. There is nothing in our Constitution that says that impeachable officers are immuned, exempted,
or excluded from quo warranto proceedings when the very issue to be determined therein is the status
of an officer as such.
Betrayal of Public Trust
Would every negligent act or misconduct in the performance of a Deputy Ombudsman's duties constitute
betrayal of public trust warranting immediate removal from office?
-No. Betrayal of public trust, for purposes of impeachment, was not intended to cover all kinds of official
wrongdoing and plain errors of judgment.
- Acts that should constitute betrayal of public trust as to warrant removal from office may be less than
criminal but must be attended by bad faith and of such gravity and seriousness as the other grounds for
impeachment.
Sec. 3 (2)
Initiation
 The House of Representatives shall have the exclusive power to initiate all cases of impeachment
 A verified complaint from impeachment may be filed by any member of the House or by any citizen
upon a resolution of endorsement by any Member thereof
 The verified complaint shall be included in the Order of Business within ten session days, and referred
to the proper Committee within three session days thereafter
 An impeachment proceeding is initiated when a verified complaint is filed and referred to the Committee
on Justice for action. This is the initiating step which triggers the series of steps that follow
 Initiation refers to the filing of the impeachment complaint coupled with Congress’ taking initial action of
said complaint. The initial action taken by the House on the complaint is the referral of the complaint to
the Committee on Justice

Committee Hearing/Report
 The Committee, after hearing and by a majority vote of all its Members, shall submit its report to the
House within sixty session days from such referral
Gutierrez vs. HR Justice Com
The House has formulated determinable standards as to the form and substance of an impeachment
complaint. Prudential considerations behoove the Court to respect the compliance by the House of its duty to
effectively carry out the constitutional purpose, absent any contravention of the minimum constitutional
guidelines.
Plenary Vote
 A vote of at least 1/3 of all the Members of the House shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment of the Committee, or override its contrary resolution
 In case a verified complaint or resolution of impeachment is filed by at least 1/3 of all the Members of
the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall proceed

Gutierrez vs. HR Justice Com

Should an impeachment complaint allege only one impeachable offense under the “one offense, one complaint
rule” of the Rules on Criminal Procedure?
-No. The Constitution allows the indictment for multiple impeachment offenses, with each charge
representing an article of impeachment.

One Year, One Impeachment

No impeachment proceedings shall be initiated against the same official more than once within a period of one
year
Gutierrez vs. HR Justice Com
Should the 2nd impeachment complaint be considered a prohibited 2nd impeachment proceedings against
Gutierrez initiated within a year?
-No. What the Constitution prohibits is a second impeachment proceedings in one year, and not a
second impeachment complaint
Impeachment Trial
o The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation
o When the President is on trial, the SC Chief Justice shall preside, but shall not vote. No person shall be
convicted without the concurrence of 2/3 of all the Members of the Senate.

Impeachment Judgment
o Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines

Impeachment Rules
o The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this
section

RELEVANT RULINGS:
Gutierrez vs. HR Justice Com
Should the Impeachment Rules be published to be effective?
-No. It is within the discretion of Congress to determine on how to promulgate its Impeachment Rules.
In Re: Production of Court Records
Can an impeachment court compel by compulsory process SC Justices, officials and employees to testify on
matters pertaining to their adjudicatory functions?
-Yes, if they involve matters external to their adjudicatory functions and duties but not if they involve
matters internal to their adjudicatory functions and duties
In Re: Production of Court Records
Can court records and information be subpoenaed and divulged before an impeachment proceeding?
-Court records which are “predecisional” and “deliberative” in nature are thus protected and cannot
be the subject of a subpoena if judicial privilege is to be preserved
Francisco vs. De Venecia
Are impeachment proceedings beyond judicial review?
-No. The Constitution provided for certain well-defined limits and “judicially discoverable standards”
for determining the validity of the exercise of such discretion, via judicial review.

Sec. 4

The Sandiganbayan
o The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
o Having been created under PD 1606, as amended by RA 10660, the Sandiganbayan (SB) is a statutory
court. After its creation and as constitutionally-mandated body, the SB cannot no longer be abolished or
“de-funded” or “de-functioned” without amending the Constitution. Congress may, however, amend the
enabling law and modify the SB

RELEVANT RULINGS:
Arroyo vs. People
Considering Sec. 23, Rule 119 of the Rules of Court, can the Supreme Court review on certiorari the
Sandiganbayan Order denying accused’s Demurrer to Evidence?
- Yes. The Court cannot be deprived of its jurisdiction to correct grave abuse of discretion,
notwithstanding the interlocutory character the demurrer to evidence.

Revilla vs. Sandiganbayan

Does the Sandiganbayan have jurisdiction to jointly determine in the same criminal proceeding for plunder, the
criminal action and the civil action for recovery of civil liability?
- Yes, as provided under PD 1606, as amended by RA 10660. The filing of the criminal action before the
Sandiganbayan is deemed to necessarily carry with it the filing of the civil action.

Sec. 5

The Ombudsman
 There is hereby created the independent office of the Ombudsman, composed of the Ombudsman to
be known as the Tanodbayan
 The officials & employees of the Office of the Ombudsman, other than the Deputies, shall be appointed
by the Ombudsman according to the Civil Service Law.
 Having been created by the Constitution, the Ombudsman is a “constitutional” court. It can never be
abolished nor “de-funded” nor “defunctioned” without necessarily amending the Constitution. Its
constitutionally-provided powers cannot be diminished by law, but Congress may expand or increase
them.
Qualifications & Disqualification.
 Natural-born Filipinos.
 At least 40 years old.
 Members of the Philippine Bar.
 Non-candidates for any elective office before and after their terms
The Special Prosecutor
 The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor

Vetting and Appointment

The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees
prepared by the JBC, and from a list of at least six nominees for every vacancy thereafter. Such appointments
shall require no confirmation. All vacancies shall be filled within three months after they occur.

Rule of the Thumb

o The President has the power to appoint the Ombudsman and the deputies including the Special
Prosecutor.
o The Ombudsman is removable by impeachment. His deputies are within his disciplinary authority. The
Special prosecutor can be removed by the President

Powers of Ombudsman.
 Investigatory
 Directory
 Recommendatory
 Disciplinary
 Removal
 Examining & Informing
 Rule-Making.

RELEVANT RULINGS:
Ombudsman vs. Valencerina.
As between Sec. 7, Rule III of the Ombudsman Rule of Procedure and Sec. 12, Rule 43 of the Rules of Court?
- Sec. 7, Rule III of the Ombudsman Rule of Procedure prevails over Sec. 12, Rule 43 of the Rules of
Court --- on the effect of appeal from the decision of the OMB in administrative cases which are
executory pending appeal.
Estrada vs. Ombudsman
Is Sen. Estrada entitled to the essential and fundamental requirements of administrative due process, as laid
down in Ang Tibay?
- No. Ang Tibay guidelines for administrative cases do not apply to preliminary investigations in criminal
cases because it investigates, determines probable cause, and prosecutes the criminal case after filing
the information
Carpio-Morales vs. Binay
Is the first paragraph of Section 14, RA 6770 insofar as it prohibits all courts [except the Supreme Court], from
issuing provisional writs of injunction to enjoin an Ombudsman investigation, valid and constitutional?
- The first paragraph of Section 14, RA 6770 is declared ineffective as it intrudes into the rule-making
power of the Supreme Court
Carpio-Morales vs. Binay
Is the 2nd par., Sec. 14, RA 6770 insofar as it provides that no appeal or application for remedy may be heard
against the decision or findings of the Ombudsman [except SC] on questions of law, valid and constitutional?
- No, it is invalid and unconstitutional, for increasing SC’ appellate jurisdiction without its advice and
concurrence
Ejercito vs. Ombudsman
Can the Supreme Court interfere in the determination by the Ombudsman of the existence of probable cause?
- This Court's consistent policy has been to maintain non-interference in the determination by the
Ombudsman of the existence of probable cause except when there is a charge of grave abuse of
discretion.

Rule of the Thumb

 The Ombudsman has the power to directly impose the penalty of removal, suspension, demotion, fine,
censure, or prosecution of an erring public official, other than a member of Congress and the Judiciary,
within the exercise of its administrative disciplinary authority.
 In criminal investigation, the Ombudsman can never be the impartial tribunal required in Ang Tibay.
 Ang Tibay requires “substantial evidence,” while the establishment of probable cause needs “only more
than bare suspicion”, or “less than evidence which would justify conviction. ”
 The Ombudsman’s decision imposing the penalty of suspension or removal from office in an
administrative proceeding is immediately executory pending appeal.
 But the suspension or removal order of the Ombudsman can be enjoined by a TRO or injunction by the
Court of Appeals.

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

Republic vs. Cojuangco

May the prosecution of offenses arising from, relating or incident to, or involving ill-gotten wealth contemplated
in Sec. 15, Art. XI of the 1987 Constitution be barred by prescription?
- Yes. Sec. 15, Art. XI, of the 1987 Constitution on imprescriptibility applies only to civil actions for
recovery of ill-gotten wealth, not to

“Blameless Ignorance.”
- Under the “blameless ignorance doctrine”, “the statute of limitations runs only upon discovery of the fact
of the invasion of a right which will support a cause of action.”

SALN
- A public official or employee shall upon assumption of office & as often thereafter as may be required
by law, submit a declaration under oath of his assets, liabilities, & net worth.

RELEVANT RULINGS:
Request for Copy of 2008 SALN
Are the information contained in the SALN matters of public concern necessitating public disclosure?
 - Yes. Sec. 17, Art. XI, has classified the information disclosed in the SALN as a matter of public concern
and interest. In other words, a “duty to disclose” sprang from the “right to know.”
Daplas vs. Dept. of Finance
Does failure to declare some properties in her SALNs for 1997 to 2003 provide substantial basis to hold her
liable for Dishonesty, etc. warranting the penalty of dismissal from service?
- No. Dishonesty requires malicious intent to conceal the truth or to make false statements. Mere non-
declaration of the required data does not automatically amount to such an offense
Republic vs. Sereno
Being on leave from UP, is CJ Sereno "serving in an honorary capacity" and thus excepted from the SALN
constitutionally-mandated requirement pursuant to Sec. 8 of R.A. No. 6713?
- No. The fact that Sereno did not receive any pay for the periods she was on leave does not make her a
government worker "serving in an honorary capacity" to be exempted from SALN laws

ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY

Sec.1
National Economy & Patrimony
What is economic nationalism?
Does the 1987 Constitution prefer industrialization over agricultural development?

Economic Nationalism
 The 1987 Constitution lays down the ideals of economic nationalism:
 preference in favor of qualified Filipinos in the grant of rights, privileges and concessions.
 adoption of measures for Filipinos to be competitive.
 Requiring a self-reliant and independent national economy controlled by Filipinos.

Complementarity
The State shall promote industrialization and full employment based on sound agricultural development and
agrarian reform, through industries that make full and efficient use of human and natural resources, which are
competitive in both domestic and foreign markets

Complementarity
 Industrialization and full employment based on sound agricultural development and agrarian reform.”
 What is envisioned is not necessarily agriculturally-related industrialization but rather industrialization
that is the result of releasing locked up capital through agrarian reform

Sec.2

EDU of Natural Resources

In the EDU of our fish and marine wealth (flora & fauna) can the State enter into with foreign nationals, states,
or corporations: joint venture, coproduction, production sharing agreements?

EDU of Natural Resources

 The exploration, development and utilization of natural resources shall be under the full control and
supervision of the State
 The State may directly undertake such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per
centum of whose capital is owned by such citizens. (Dizon Copper Miniing vs. Dizon)
 In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the
development of water power, beneficial use may be the measure and limit of the grant.

IDEALS vs. PSALM

Did the sale of Angat HydroElectric Power Plant [AHEPP] to a foreign corporation pursuant to the privatization
mandated by the EPIRA violate Sec. 2, Art. XII?
- No, but not the sale of water rights because only Filipino citizens and corporations 60% of whose
capital is owned by Filipinos may be granted water rights.

EDU of Natural Resources

 The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. (Magalona vs.
Ermita)
 The President may enter into agreements with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and conditions provided by law
 The President shall notify the Congress of every contract entered into in accordance with this provision,
within thirty days from its execution. (La Bugal-B’laan vs. DENR)

Sec. 3

Land Classification
 Lands of public domain are classified into agricultural, forest or timber, mineral lands, and national
parks. Agricultural lands of public domain may be further classified by law according to the uses to
which they may be devoted. Alienable lands of public domain shall be limited to agricultural land.
 The classification of public lands is an exclusive prerogative of the executive department of the
government and not the courts. In the absence of such classification, the forestal lands of Boracay
remain, as such, forestal lands until it is released therefrom and rendered open to disposition

Regalian Doctrine
 Under the Regalian doctrine, all lands of public domain belong to the State and those lands not
appearing to be clearly within private ownership are presumed to belong to the State.
 Alienable lands of public domain shall be limited to agricultural lands.

Land Reclamation
Are reclaimed lands alienable and disposable?
- No. They are inalienable public lands. The mere physical act of reclamation by PEA of foreshore or
submerged areas does not make the reclaimed lands alienable or disposable lands of the public
domain unless officially classified as alienable public agricultural land.

RELEVANT RULINGS:
Yinlu Bicol Mining vs. Trans Asia
The mining patents of Yinlu were issued pursuant to the Philippine Bill of 1902 and were subsisting prior to the
effectivity of the 1935 Constitution. Consequently, Yinlu had acquired vested rights in the disputed mineral
lands that could not and should not be impaired inspite of their past failure to comply with the registration
requirement.
Dumo vs. Republic
Does the DENR Secretary have the power to classify unclassified and agricultural lands of the public domain
as alienable and disposable lands?
- Only for classified lands. He has no discretionary power to classify unclassified lands of the public
domain, not needed for forest reserve purposes, into agricultural lands.
Republic vs. Alaminos
In land registration proceedings who has a burden of proving that a piece of land is alienable and capable of
registration?
- The applicant must present incontrovertible evidence that the applied land is alienable or disposable.
The government, in opposing the purported nature of the land, need not adduce evidence to prove
otherwise
Republic vs. Cabrera
In reversion proceedings, who bears the burden of proving that the property in question was inalienable at the
time it was decreed?
 - Owing to the nature of reversion proceedings and the outcome which a favorable decision therein
entails, the State bears the burden to prove that the land was inalienable at the time it was decreed.

Rule of the Thumb

 In land registration, the applicant has the burden of proving that the land is alienable and disposable
lands of public domain.
 In land reversion, the State has the burden of proving that the land is part of inalienable public land at
the time the cadastral decree was granted and the title issued.

Rule of the Thumb

 Filipino corporations and foreign corporations cannot own public lands.
 Filipino corporations can own private lands. Foreign corporations cannot.
 Filipino corporations can lease public lands. Foreign corporations cannot.
 Filipino corporations and foreign corporations can lease private lands.

Sec.4

Forest Lands & National Parks

The Congress shall, as soon as possible, determine by law the specific limits of forest lands and national
parks, marking clearly their boundaries on the ground.

Apex Mining vs. SMGM Corp

Without the concurrence of Congress, is PP No. 297, declaring the Diwalwal Gold Rush Area as a mineral
reservation, valid and constitutional?
- Yes. It is only after the specific limits of the forest lands shall have been determined by the legislature
will the constitutional restriction under Sec. 4, Art. XII apply
Sec. 5

Ancestral Lands & Domain

- The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure
their economic, social, and cultural well-being.
- The Congress may provide for the applicability of customary laws governing property rights or relations
in determining the ownership and extent of ancestral domain.

Lim vs. Gamosa

What proof is required in asserting the right of ancestral property?
- The right of ancestral property requires historical proof. Respondents made no allegation outlining and
tracing the history of their indigenous ownership and failed to identify themselves with other Tagbanuas
who have been awarded a Certificate of Ancestral Domain.
Begnaen vs. Caligtan
Did the land [owned since time immemorial] cease to become an ancestral land upon purchased by
respondents?
- No. Respondents purchased the land in 1959 "pursuant to age-old customs and traditions” from their
relative Leona Vicente. This purchase was well within the rights protected under the IPRA Law or its
Rules & Regulations.

Sec. 6

Distributive Justice
The use of property bears a social function, and all economic agents shall contribute to the common good.
Sec.7

Private Land Ownership

Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or hold lands of public domain.
Pari Delicto Rule
- Latin for "in equal fault," in pari delicto connotes that two or more people are at fault or are guilty of a
crime.
- Neither courts of law nor equity will interpose to grant relief to the parties, when an illegal agreement
has been made, and both parties stand in pari delicto.
RELEVANT RULINGS:
Fullido vs. Grilli
Did the lease contract and the MOA in favor of a foreigner circumvent the constitutional restraint against
foreign ownership of lands?
- Yes. The prohibition, however, is not limited to the sale of lands to foreigners. It also covers leases of
lands amounting to the transfer of all or substantially all the rights of dominion
Fullido vs. Grilli
Is pari delicto doctrine applicable in this case?
- No. Both Grilli and Fullido were undoubtedly parties to a void contract. Fullido, however, was not barred
from filing the present petition before the Court because the matters at hand involved an issue of public
policy, specifically the Constitutional prohibition against land ownership by aliens.
Ang vs. So
Can the lands which were transferred and registered by a Chinese in the favor of a Filipino ward, be
reconveyed back to her?
- No. Having been acquired in violation of the constitutional prohibition against aliens owning real
property in the Philippines, they cannot be legally reconveyed to So who had no right to own them in
the first place
Ang vs. So
Can the property be subject of escheat proceedings by the State?
- Yes. The Solicitor General, may initiate an action for reversion or escheat of the land to the State.
Being in pari delicto the courts will not afford protection to either party. The proper party who could
assail the sale is the Solicitor General
Encarnacion vs. Johnson
May an alien own private lands by virtue of an execution sale?
- No. Being a Canadian, respondent is absolutely prohibited from acquiring private and public lands in
the Philippines. He is also prohibited from participating in the execution sale, which has for its object,
the transfer of ownership & title of property to the highest bidder

Sec.9

N E D A (National Economic and Development Authority)

- The Congress may establish an independent economic and planning agency headed by the President,
which shall implement continuing integrated and coordinated programs and policies for national
development.

Sec. 10

Filipino First Policy

- The Congress shall reserve to Filipinos or corporations or associations at least 60% of whose capital is
owned by such citizens’ certain areas of investments.
- In the grant of rights, privileges, and concessions covering national economy and patrimony, the State
shall give preference to qualified Filipinos. (Espina vs. Bautista)

Espina vs. Bautista

Is R.A. No. 8762 violative of the constitutional mandate of Filipinization of areas of investments set forth under
Sec. 10, Article XII?
- No. While the 1987 Constitution mandates a bias in favor of Filipino goods, services, enterprises, etc., it
also recognizes the need for business exchange with the rest of the world on the bases of equality and
reciprocity.
Sec. 11

Filipino First Policy

- No franchise, certificate, or any other form of authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or Filipino corporations

RELEVANT RULINGS:
Francisco vs. TRB
Does Sec. 11, Article XII vest unto Congress the exclusive power to grant franchise for the operation of a
public utility?
- No. Sec. 11, Art. XII does not determine who may grant public utility franchises but prescribe the
capacity to acquire a public utility franchise
Gamboa vs. Teves
Does the term “capital” in Section 11, Article XII refer to the total outstanding capital stock?
- No. It refers only to the total common shares which have voting rights --- which translate to control, as
opposed to preferred shares which usually have no voting rights. Based on PLDT’s 2010 GI Sheet,
foreigners hold 120,046,690 (64.27%) common shares of PLDT
Roy vs. Gamboa
Did the SEC commit grave abuse of discretion amounting to lack or excess of jurisdiction when it issued SEC
MC No. 8?
- No. In fact, Sec. 2 goes beyond requiring a 60-40 ratio in favor of Filipinos in the voting stocks and
requires the 60-40 percentage ownership in the total number of outstanding shares of stock, whether
voting or not.
Roy vs. Gamboa
Must the 60% Filipino equity requirement be applied to each class of shares?
- No. Petitioners' insistence that the 60% Filipino equity requirement must be applied to each class of
shares is simply beyond the literal text and contemplation of Section 11, Article XII of the 1987
Constitution.

Grandfather Rule
The method by which the percentage of Filipino equity in a corporation engaged in nationalized and/or partly
nationalized areas of activities is computed by attributing the nationality of the second or even subsequent tier
of ownership to determine the nationality of the corporate shareholder

Filipino First Policy

- The State shall promote the preferential use of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them competitive.

Sec. 13

Trade Policy
- The State shall pursue a trade policy that serves the general welfare and utilizes all forms and
arrangements of exchange on the basis of equality and reciprocity.

Sec. 14

Practice of Profession
- The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases
prescribed by law

Sec. 15

CDA
- The Congress shall create an agency to promote the viability and growth of cooperatives and
instruments for social justice and economic development
Sec.16
Private Corporations & GOCC’s
- The Congress shall not, except by general law, provide for the formation, organization, or regulation of
private corporations.
- GOCCs may be created or established by special charters in the interest of the common good and
subject to the test of economic viability.

GSIS Family Bank vs. Villanueva

Is GSIS Family Bank a government-owned or controlled corporation?
- There is no doubt that GSIS Family Bank is a government-owned or controlled corporation since
99.55% of its outstanding capital stock is owned and controlled by the Government Service Insurance
System.

Sec. 17 & 18

Business Take-Over

 Temporary Take-Over- In times of national emergency, when public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct
the operation of any privately owned public utility or business affected with public interest.

 Permanent Take-Over- The State may, in the interest times of national welfare or defense, establish
and operate vital industries and, upon payment of just compensation, transfer to public ownership
utilities and other private enterprises to be operated by the government.

COMPARISON:

David vs. Arroyo.

While the President alone can declare a state of national emergency without legislation, she has no power to
take over privately-owned public utility or business affected with public interest nor exercise all the powers of
the State under Sec. 17, Article VII

Sec. 19

Monopolies & Combinations

The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in
restraint of trade or unfair competition shall be allowed.

ABP vs. ERC

Must all Power Supply Agreement applications submitted by Elec. Distribution Utilities to the Energy
Regulatory Commission comply with the Competitive Selection Process?
 - Yes, as a regulated monopoly, those PSAs must comply with competitive public bidding since the
power cost purchased by distribution utilities is entirely passed on to consumers

Sec. 20

Central Monetary Authority

- Until the Congress otherwise provides, the Central Bank of the Philippines, operating under existing
laws, shall function as central monetary authority.
- The Congress shall establish an independent central monetary authority, the members of whose
governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the
majority of whom shall come from the private sector.

Sec. 21

Foreign Loans
- Foreign loans may only be incurred in accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or guaranteed by the Government shall be made
available to the public.

Constantino vs. Cuisia

The language of the Constitution is simple and clear as it is broad. It allows the President to contract and
guarantee foreign loans. It makes no prohibition on the issuance of certain kinds of loans or distinctions as to
which kinds of debt instruments are more onerous than others.
- The only restriction that the Constitution provides, aside from the prior concurrence of the Monetary
Board, is that the loans must be subject to limitations provided by law

Sec. 22

Inimical Acts
Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national
interest and subject to criminal and civil sanctions, as may be provided by law.

ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS

Sec.1

Right to Human Dignity

The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all
the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for the common good.

Cultural Inequities
It should be noted that one goal is to “reduce” social, economic, and political inequalities and not to remove,
inequalities, because inequalities by themselves are not evil. Cultural inequities, however, are evil and
therefore must be “removed.”

Grace Poe vs. Comelec

Is the declaration of foundlings as natural born Filipino citizens in keeping with social justice?
- Yes. All the three Constitutions exhorted the State to render social justice and guarantee the basic right
to equal protection of the laws. We found no intent or language permitting discrimination against
foundlings.

Sec. 2
Commitment and Basis- the promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

What is Social Justice?

- “Those who have less in life must have more in law.”
- “To correct an injustice.”
- “Where the rich is just and the poor is strong.”
- “Humanization of laws and equalization of economic and political opportunities.”
 Under the policy of social justice, the law bends over backward to accommodate the interests of the working
class on the humane justification that those with less privilege in life should have more in law.

Is social justice like Robinhood?

- No. Social justice, as the term suggests, should be used only to correct an injustice with the
fundamental and paramount objective of the State of promoting the health, comfort, and quiet of all
persons, and of bringing about the “greatest good to the greatest number.”

Sec. 3
Full Protection to Labor
- The State shall afford full protection to labor, local & overseas, organized & unorganized, & promote full
employment and equality of employment opportunities for all.

Guaranteed Workers’ Rights.

1. Self-organization.
2. Collective bargaining and negotiations, and peaceful concerted activities.
3. Security of tenure.
4. Humane conditions of work & living wage.
5. Participation in policy and decision-making processes affecting their rights & benefits

Employment Relationship.
- The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable return on investments,
and to expansion and growth.

RELEVANT RULINGS:
Digital Telecom vs. Ayapana
Even with a finding that respondent was validly dismissed, may separation pay be granted?
- Yes, for as long as the dismissal was for causes other than serious conduct or those manifesting moral
depravity
COURAGE vs. CIR
Are Sections III, IV and VII of RMO No. 23-2014 valid and constitutional?
- Yes. The assailed RMO do not charge any new or additional tax. On the contrary, they merely mirror
the relevant provisions of the NIRC of 1997, as amended, and its implementing rules on the withholding
tax on compensation income
COURAGE vs. CIR
Can this ruling be applied retroactively?
- No. As a measure of equity and compassionate social justice, the Court deems it proper to clarify and
declare, pro hac vice, that its ruling on the validity of Sections III and IV of the assailed RMO is to be
given only prospective effect.
In Re-Justice Cornejo
Does the social justice principle apply to those who are forced to cease from service for disabilities beyond
their control?
- Yes. We acknowledge Justice Cornejo's request for optional retirement. However, in light of Justice
Cornejo's actual medical condition, this Court will treat her letter request as one for retirement due to
disability

Sec. 4
Agrarian Reform Program
- The State shall, by law, undertake an agrarian reform program founded on the right of farmers and
regular farm workers, who are landless, to own directly or collectively the lands they till

Agrarian Reform Program

How do you construe the right of farmers and farm workers to “own directly or collectively the lands
they till”?
- It shall be founded on the right of farmers and regular farm workers, who are landless:
 to own directly or collectively the lands they till or,
 in the case of other farm workers, to receive a just share of the fruits thereof

RELEVANT RULINGS:
Hda. Luisita vs. PARC
Sec. 31 of RA 6657, which permits stock transfer in lieu of outright agricultural land transfer, is not inconsistent
with the basic concept of agrarian reform. It simply implements Sec. 4 of Art. XIII of the Constitution that land
can be owned collectively by farmers.
Diamond Farms vs. Diamond FWs
If farmers are allowed to collectively own lands, must the control thereof be also with the farmers?
- Yes. The policy on agrarian reform is that control over the agricultural land must always be in the hands
of the farmers.

 subject to the payment of just compensation.

 subject to such priorities and reasonable retention limits as the Congress may prescribe.

SAMMANA vs. Tan

Is social justice in the land reform program applicable only to farmers and farmworkers?
- Social justice in the land reform program also applies to landowners, not merely to farmers and
farmworkers. Thus, there are procedures to ensure that only qualified farmers and farmworkers acquire
the lands they actually till
Delfino vs. Anasao
In agrarian reform, is retention by landowners a constitutionally guaranteed right?
- The right of retention is a constitutionally guaranteed right but is not absolute since it is subject to
qualification by the legislature. It serves to mitigate the effects of compulsory land acquisition by
balancing the rights of the landowner and the tenant .
Apo Fruits vs. Land Bank
Whether or not the CA erred in finding that the amount of PHP103.33 per sq m is the just compensation for the
subject property?
- The amount of Php 130.00 per square meter is reasonable and just considering the nature of the
property involved planted with commercial bamboos and is located almost in the heart of Tagum City.
Apo Fruits vs. Land Bank
Up to when should the 12% interest on the unpaid just compensation should be reckoned: until May 9, 2008; or
until June 30, 2013; or up to the present?
- LBP is liable to pay legal interest of 12% from Dec. 9, 1996, the time of the taking until June 30, 2013.
From July 1, 2013 until fully paid, the just compensation shall earn 6% legal interest

Sec. 6

“Agrarian Stewardship”
- The State shall apply the principles of agrarian reform or stewardship in the disposition or utilization of
other natural resources, including lands of public domain under lease or concession suitable to
agriculture.
Sec. 7

Subsistence Fishermen.
 The State shall protect the rights of subsistence fishermen, especially of local communities, to the
preferential use of the communal marine and fishing resources, both inland & offshore.
 The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign
intrusion.
 Fish workers shall receive a just share from their labor in the utilization of marine and fishing resources.
 Those who fish for a living are subsistence fishermen.
 They have the right to preferential, but not exclusive, use of inland and offshore communal marine
fishing resources. This right does not include municipal fishing grounds.

Fish Workers
 Fish Workers include bugadores (fish haulers), maniniklis (fish sorters) and pescadores (fish haulers,
and at the same time, fish sorters).
 They are not considered subsistence fishermen, thus, no preferential right over communal marine and
fishing resources.
 But they are assured of the right to a just share from their labor

Sec. 8

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

Land Bank vs. Franco.

Is the additional five percent (5%) cash incentive to be paid on top of the awarded just compensation for the
property?
- No, but a mere incentive to owners-sellers to expedite the agrarian reform program.

Sec. 9

Urban Land Reform

- The State shall undertake a continuing program of urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and homeless citizens
in urban centers and resettlement areas.

“Informal Settlers.”
 Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance
with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them and the communities where they are to be
relocated.
 The protection given by the provision extends to both those who have valid claims to stay on the land
and to those who do not have.
 But evictions are not prohibited. The constitutional command only says that, if there be evictions it must
be “in accordance with law and in a just and humane manner.”

Ferrer vs. Bautista

Can the Socialized Housing Tax be justified by social justice?
- In a way, yes. The 1987 Constitution explicitly espouses the view that the use of property bears a social
function and that all economic agents shall contribute to the common good.
Alangdeo vs. Baguio City Mayor
Is DO No. 05, which ordered the summary demolition of petitioners’ structures tenable?
- No. Petitioners cannot be considered as new squatters, since, although their structures were built after
March 28, 1992, they or their predecessors-in-interest had occupied, and were claimants of the subject
property long before the said date.

Sec. 11

Health Development
 -The State shall adopt an integrated and comprehensive approach to health development.

 The State shall endeavor to make essential goods, health and other social services available to all the
people at affordable cost.
 There shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children.
 The State shall endeavor to provide free medical care to paupers.

Imbong vs. Ochoa.

By giving priority to the poor, does the Reproductive Health Law violate the equal protection clause of the 1987
Constitution?
- No. It is pursuant to Sec. 11, Art. XIII of the Constitution which recognizes the distinct necessity to
address the needs of the underprivileged.
KMU vs. Aquino
Are the PhilHealth Circulars which adjusted the premium contribution rates for the National Health Insurance
Program, issued with grave abuse of discretion?
- No. The contribution schedule, as a whole, remains equitable and progressive. Premium contributions
increase as a member's actual salary increases.

Sec. 12

Food and Drug Agency

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

Sec. 14

Working Women.
- The State shall protect working women by providing safe and healthful working conditions taking into
account their maternal functions.
Sec. 15

People’s Organizations
- The State shall respect the role of independent people’s organizations to enable the people to pursue
and protect their legitimate and collective interests and aspirations through peaceful and lawful means.
- People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.

Sec. 17

Commission on Human Rights

 There is hereby created an independent office called the Commission on Human Rights.
 The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and
other qualifications and disabilities of the Members of the Commission shall be provided by law
 Until this Commission is constituted, the existing Presidential Committee on Human Rights shall
continue to exercise its present powers and functions.
Powers of CHR
- Investigatory power on HR violations.
- Rule-making power.
- Provide protective custody/aid to HR victims.
- Visitorial power over jails.
- Continuing Research, Education/Information.
- Recommendatory power to Congress.
- Monitor Philippine HR compliance.
- Grant immunity to witnesses.

For a tortured detainee, can CHR:

1. Issue directives for his preservation?
2. Direct the authorities not to hide him?
3. Direct authorities not to transfer him?
4. Allow relatives to visit?
5. Order medical treatment?

CHR cannot:
6. Issue writ of habeas corpus?
7. Issue writ of amparo?
8. Issue writ of habeas data?

RELEVANT RULINGS:
Cudia vs. PMA
What is the nature of CHR findings?
- The findings of fact and the conclusions of law of the CHR are merely recommendatory and, therefore,
not binding to this Court. The reason is that the CHR’s constitutional mandate extends only to the
investigation of all forms of human rights violations involving civil and political rights
Cudia vs. PMA
In entering the PMA did Cudia surrender his fundamental human rights?
- Not everything. A cadet facing dismissal from the military academy for misconduct has constitutionally
protected private interests. Hence, disciplinary proceedings conducted within the bounds of procedural
due process is a must.
Enrile vs. Sandiganbayan
Will the grant of bail to Enrile be in keeping with the national commitment to uphold the fundamental human
rights?
- Yes. The grant of bail to Enrile was in keeping with the national commitment to uphold the fundamental
human rights as well as value the worth and dignity of every person.
Ocampo vs. Enriquez
Will the burial of Marcos at the LNMB violate the human rights of the HRVV s to "full" and "effective"
reparation?
- No. The Philippines is more than compliant with its international obligations. The enforcement of the
HRVV s' rights under R.A. No 10368 will surely not be impaired by the interment of Marcos at the
LNMB.
Wilson vs. Ermita
Whether or not Wilson has a legal right to enforce the United Nations Human Rights Committee
Communication No. 868/19992 against the Philippines?
- No. What was ratified by Congress were the ICCPR and the Optional Protocol, excluding the View of
the Committee which does not form part of the treaty.

ARTICLE IV –  EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS

Sec. 1

Right to Quality Education?

- The State shall protect and promote the right of all citizens to quality education at all levels and shall
take appropriate steps to make such education accessible.

PTA of SMCA vs. MBTC

Against whom is the constitutional mandate to protect and promote the right of all citizens to quality education
at all levels directed?
- It is directed to the State and not to the school.
- As to private schools, what is demandable of them is only commensurate to the tuition and fees they
are allowed to charge and the student is able to afford. (Bernas).

Sec. 2

Adequate and Integrated

- The State shall establish and maintain an adequate and integrated system of education relevant to the
needs of the people and society.

Free Public Education

 The State shall establish and maintain a system of free public education in the elementary and high
school levels.
 Under the Free Elementary and High School Education Act (R.A. No. 6655), Congress has made
education in public elementary and secondary level free.
 Under the Universal Access to Quality Tertiary Education Act of 2017 (R.A. No. 10931), Congress has
allowed free tuition and other fees in State universities and colleges.

Scholarship Grants
- The State shall establish and maintain a system of scholarship grants which shall be available to
deserving students especially to the underprivileged.

CoTesCUP vs. Sec. of Education

Does the K to 12 law cause a de facto privatization of senior high school education (via voucher system) in
violation of the constitutional mandate of free high school education?
- No. The voucher system is the State's way of tapping the resources of the private educational system
in order to give Filipinos equal access to quality education.

Compulsory Elementary Education

- Without limiting the natural right of parents to rear their children, elementary education is compulsory
for all children of school age.

CoTesCUP vs. Sec. of Education

Did the legislators violate the Constitution when they made kindergarten and senior high school compulsory
under the K to 12 law?
- No. The Constitution only provided a minimum standard: that elementary education be compulsory. By
no means did the Constitution foreclose the possibility that the legislature provides beyond the
minimum it has set.

K to 12 Program
 Kindergarten (1 year)
 Elementary (6 years)
 Secondary (6 years)
 Junior High School (4 yrs.)
 Senior High School (2 yrs.)
-Senior HS students can choose from 4 strands: Accountancy, Business and Management (ABM); Science,
Technology, Engineering and Math (STEM; Humanities and Social Sciences (HUMSS); and General
Academics (GA).

Sec. 3
Study of Constitution
- All educational institutions shall include the study of the Constitution as part of the curricula.
Patriotism and Nationalism
- All educational institutions shall inculcate patriotism and nationalism, respect for human rights,
strengthen ethical and spiritual values, develop moral character and personal discipline …
School Discipline
- School authorities have the authority to maintain school discipline and impose appropriate and
reasonable disciplinary measures.
- Schools can ban fraternities in elementary and high school. DECS Order No. 20, s. 1991 banning
fraternity membership in elementary and high school applies also to private schools.

People vs. Bayabos

What is the extent of liability of schools and school authorities under R.A. No. 8049, aka the “Anti-Hazing
Law”?
- Under the “Anti-Hazing Law”, the failure by school authorities to take any action to prevent the offenses
as provided by the law exposes them to criminal liability as accomplices in the criminal acts
Optional Religious Instruction
- At the option expressed in writing by the parents, religion shall be allowed to be taught to their children
or wards in public elementary and high schools within the regular class hours

Complementary Roles
- The State recognizes the complementary roles of public and private institutions in the educational
system and shall exercise reasonable supervision and regulation of all educational institutions

Sec. 4

School Ownership and Control

- Educational institutions, other than those established by religious groups and mission boards, shall be
owned solely by Filipinos or corporations at least 60% of the capital of which is owned by such citizens
- The Congress may, however, require increased Filipino equity participation in all educational
institutions.
- The control and administration of educational institutions shall be vested in citizens of the Philippines.

School Population
- No educational institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school.
- These provisions shall not apply to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign temporary residents.

School Revenues and Assets

- All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and
exclusively for educational purposes shall be exempt from taxes and duties
- Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used
actually, directly, and exclusively for educational purposes shall be exempt from tax.

La Sallian Foundation vs. CIR

Whether or not the petitioner foundation has lost its tax-exempt status under the 1987 constitution?
- No. No part of its income was distributed as dividends to its members, trustees and officers and the
members of the Board of Trustees do not receive any compensation for performing their duties
including attendance in meetings
Academic Freedom.
- Academic freedom shall be enjoyed in all institutions of higher learning.
- The academic freedom guaranteed to institutions of higher learning includes the right of schools to
decide and determine ---
 What should be taught.
 How it should be taught.
 Who may teach.
 Who may be taught.

- The 1987 constitutional provision on academic freedom essentially preserves the provision of 1973
Constitution, leaving the development of the concept to dynamic growth that can take place in the
context of litigation and experience.
Who can enjoy academic freedom?
Bernas: “Academic freedom, as a right, is extended not just to universities but to all institutions of higher
learning, including colleges.”

RELEVANT RULINGS:
International School vs. ISAE
Can a teacher be dismissed on account of academic freedom in view the high standards set up by the school?
- Yes. The prerogative of a school to provide standards for its teachers and to determine if these
standards have been met is in accordance with academic freedom, which gives it the right to choose
who should teach
Calawag vs. UP
Does academic freedom give the dean the power to disapprove the composition of a thesis committee?
- Yes. Academic freedom accorded to institutions of higher learning the prerogative to establish
requirements for graduation, such as the completion of a thesis, and the manner by which students
shall accomplish them
Cudia vs. PMA Supt
Does the Philippine Military Academy enjoy academic freedom?
- PMA enjoys academic freedom or the institutional autonomy of universities and institutions of higher
learning to determine for itself on academic grounds (1) who may teach, (2) what may be taught, (3)
how it shall be taught, and (4) who may be admitted to study
CoTesCUP vs. Sec. of Education
Will the faculty from HEI stand to lose their academic freedom when they are transferred to senior HS level
pursuant to the K to 12 Law?
- No. While security of tenure is an important aspect of academic freedom, but it does not preclude the
termination of a faculty member for a valid cause.

Sec. 5
Freedom to Select a Profession
- Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.

CoTesCUP vs. Sec. of Education

Is the implementation of the K to 12 Law a limitation on the right of senior high school students to choose their
professions?
- No. The senior high school curriculum is designed in such a way that students may choose among four
strands: ABM Strand; STEM Strand; 3) HUMSS Strand; GA Strand

Highest Budgetary Priority

- The State shall assign the highest budgetary priority to education and ensure that teaching will attract
and retain its rightful share of the best available talents …

National Language
- The national language of the Philippines is Filipino. As it evolves, it shall be further developed and
enriched on the basis of existing Philippine and other languages.
Official Languages
- For purposes of communication and instruction, the official languages of the Philippines are Filipino
and, until otherwise provided by law, English.

Auxiliary Languages
- The regional languages are the auxiliary official languages of the Philippines in the regions and shall
serve as auxiliary media of instruction therein.

CoTesCUP vs. Sec. of Education

Does the use of the MT or the regional or native language under K to 12 Law as primary medium of instruction
contravene Section 7, Article XIV of the 1987 Constitution?
- It is thus clear from the deliberations that it was never the intent of the framers of the Constitution to use
only Filipino and English as the exclusive media of instruction.
CoTesCUP vs. Sec. of Education
While Congress has the power to enact a law that designates Filipino as the primary medium of instruction
even in the regions but the Congress, however, opted not to enact such law. On the contrary, the Congress, in
the exercise of its wisdom, provided that the regional languages shall be the primary media of instruction in the
early stages of schooling

Sec. 8

“Constitutional Language”
- The Constitution shall be promulgated in Filipino and English and shall be translated into major regional
languages, Arabic, and Spanish.

National Language Commission

- The Congress shall establish a NLC which shall undertake, coordinate, and promote researches for the
development, propagation, and preservation of Filipino and other languages.

ARTICLE V- FAMILY

Sec. 1

The Family
- The state recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen
its solidarity and actively promote its total development.
Marriage
- Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the
State.
- While indeed marriage must be regarded as an inviolable social institution, the legal intendment of Sec.
2, Art. XV is not to lay down a blanket prohibition of divorce.

RELEVANT RULINGS:
Antonio vs. Reyes
Had the Constitution establish the parameters of state protection to marriage as a social institution and the
foundation of the family?
- No, it did not. It remains the province of the legislature to define all legal aspects of marriage and
prescribe the strategy and the modalities to protect it.
Republic vs. Encelan
How should the doubt be resolved in voiding of marriage cases?
- Any doubt should be resolved in favor of its existence and continuation and against its dissolution and
nullity. It cannot be dissolved at the whim of the parties nor by transgressions made by one party to the
other during the marriage.
Republic vs. Manalo
Considering the declared State policy on marriage, is the application of par. 2, Art. 26 of the Family Code
limited only to those foreign divorce initiated by the alien spouse?
- No. It is also applicable to divorce initiated by the Filipino spouse to guarantee full respect of human
rights and to ensure fundamental equality before the law of men and women.
Dan vs. Dan
Did petitioner’s totality of evidence establish the psychological incapacity of Italian respondents and satisfy the
standards of Republic vs. Molina?
- No. Petitioner’s evidence failed to establish respondents psychological incapacity that must be
characterized by (a) gravity, (b) juridical antecedence, and (incurability).
Obergefell vs. Hodges
Michigan, Kentucky, Ohio, and Tennessee define marriage as a union between one man and one woman. Is
this violative of equal protection and due process?
- Yes. By denying them the right to marry or to have marriages lawfully performed in another State given
full recognition, the state officials violated the 14th Amendment.
Obergefell vs. Hodges
The right to marry is a fundamental right inherent in the liberty of the person and couples of the same-sex may
not be deprived thereof. The fundamental liberties protected by the 14th Amendment extend to certain
personal choices central to individual dignity and autonomy, including intimate choices defining personal
identity and beliefs.
Obergefell vs. Hodges
The four principles/traditions demonstrating the reasons marriage is fundamental under the Constitution apply
to same-sex couples:
- First. The right to personal choice regarding marriage is inherent in individual autonomy.
- Second. It supports a two-person union unlike any other in its importance to the committed individuals.
- Third. It safeguards children and families and thus draws meaning from related rights of childrearing,
procreation, and education:
- Fourth. There is no difference between same and opposite-sex couples with respect to the principle
that marriage is a keystone of the Nation’s social order.

Falcis vs. Civil Registrar General

Does the Constitution does define, or restrict, marriage on the basis of sex, gender, sexual orientation, or
gender identity or expression?
- No, the Constitution does not define or restrict marriage on that basis. While the petitioner lacks legal
standing but it is the considered view of this Court that the Constitution does not explicitly ban same-
sex marriage.

The state shall defend:

 The right of spouses to found a family in accordance with their religious convictions and the demands of
responsible parenthood. (Imbong vs. Ochoa)
 The right of families or family associations to participate in the planning and implementation of policies
and programs that affect them. (Imbong vs. Ochoa)

Elderly Care
- The family has the duty to care for its elderly members but the state may also do so through just
programs of social security.

Valino vs. Adriano

As between the legal wife and the common-law wife, who has the legal right over the remains of deceased
patriarch?
- The surviving legal wife has the legal right over the remains of deceased patriarch pursuant to Art. 199
of the Family Code which gave to the former the right and duty to make funeral arrangements.

ARTICLE XVI- GENERAL PROVISIONS

General Provisions
- General Provisions are basic principles that undergird the existence of a State.
- General Provisions are, as a rule, self-executing provisions

Sec. 1

The Philippine Flag

- The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law

Name, Anthem and Seal

- The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal,
which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such a
law shall take effect only upon its ratification by the people in a national referendum

Rule of the Thumb

 The design of the flag encompasses not only the symbols found thereon but also its colors and hue:
red, white & blue, and arrangement.
 The design of the flag may be changed only by constitutional amendment.
 By law, Philippines may be changed. Such law shall take effect only upon its ratification by the people
in a national referendum.

Immunity from suit

- The State may not be sued without its consent.

RELEVANT RULINGS:
Kawanakoa vs. Polybank
A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical
and practical ground that there can be no legal right against the authority that makes the law on which the right
depends.

UP vs. Lockheed
Having a charter with which it can sue and be sued, can UP funds be garnished?
- UP is a separate and distinct juridical personality and has the capacity to sue and be sued. Its funds
may be subject to garnishment or levy. However, before levy on execution may be had, a claim for
payment of the judgment award must first be filed with the COA.

Republic vs. Roque

Did the petitioners correctly invoke State immunity from suit?
- No. The State's failure to abide by the conditions of the negotiated constitutes the State's implied
waiver of its immunity. If we rule otherwise, we will be tolerating unfair dealing in contract negotiation.
City of Bacolod vs. Future Visions
Have petitioners given their consent to be sued?
- No. The State and its political subdivisions are open to suit only when they consent to it, unless it is
performing proprietary functions. The power to issue or grant licenses and business permits is not an
exercise of the its proprietary function but police power
City of Bacolod vs. Future Visions
Are petitioners liable for damages?
- No. Considering that respondent had no legal right to operate the bingo operations at the outset, then it
is not entitled to the damages which it is demanding from petitioners. For an act causing damage, there
must be damnum et injuria that act must be not only hurtful, but wrongful.

Rule of the Thumb

 A suit against the Republic of the Philippines, eo nominee, is a suit against the state and thus state
immunity may be invoked.
 A suit against an LGU is not a suit against the State.
  A suit against an unincorporated agency of the government, performing primarily a governmental
function is a suit against the state.
 A suit against an unincorporated agency of the government, performing primarily a proprietary function
is not a suit against the state, if the proprietary function is not undertaken as an incident to its
governmental function.
 Whether performing a proprietary or governmental function, a suit against a GOCC is not a suit against
the State.
 A suit against government officials is considered a suit against the state if ultimate liability will fall on the
government.
 The mantle of non-suability extends to complaints filed against public officials for acts done in the
performance of their official functions, in the absence of malice, bad faith, or grave abuse of discretion.
 Only Congress of the Philippines can waive state immunity from suit through a general law or a special
law.
 For chartered institutions and GOCCs, only their governing boards can waive liability.

Sec. 3

Procedural “Hurdles”
 Immunity from Suit
 Immunity from Liability
 Immunity from Execution.

Sovereign Immunity
- The traditional rule of sovereign immunity exempts a State from being sued in the courts of another
State without the former’s consent.
- The privilege is not an immunity from the observance of the law of the territorial sovereign or from
ensuing legal liability; it is, rather, an immunity from the exercise of territorial jurisdiction.

RELEVANT RULINGS:
Prof. Video vs. TESDA
Does waiver of immunity from suit, constitute a waiver of liability and execution?
- No. Even assuming that TESDA entered into a proprietary contract with PROVI and thereby gave its
implied consent to be sued, TESDA’s funds are still public in nature and, thus, cannot be the valid
subject of a writ of garnishment or attachment.

Arigo vs. Commander Swift

Did the United States waive state immunity under the Visiting Forces Agreement?
- The waiver of State immunity under the VFA pertains only to criminal jurisdiction and not to special civil
actions such as the present petition for issuance of a writ of Kalikasan.
AMCOW vs. GAMCA
Does the prohibition against the referral decking system against GAMCA violate the principle of sovereign
equality and independence?
- The Court is in no position to determine whether the practice that GAMCA alleges has indeed
crystallized into an international custom

Sec. 4-5

The Armed Forces of the PH

- The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo
military training and serve, as may be provided by law.

What is the significance of the AFP being composed of a citizen armed force?
What is the significance of the tour of duty of the AFP Chief of Staff?

The Armed Forces of the PH

 - The officers and men of the regular force of the armed forces shall be recruited proportionately from all
provinces and cities as far as practicable

Rule of the Thumb

 All members of the Armed Forces shall take an oath or affirmation to uphold and defend this
Constitution.
 The armed forces shall be insulated from partisan politics. No member of the military shall engage
directly or indirectly in any partisan political activity, except to vote.
 No member of the armed forces in the active service shall, at any time, be appointed or designated in
any capacity to a civilian position in the government including GOCC’S or any of their subsidiaries.
 Laws on retirement of military officers shall not allow extension of their service.

Sec. 6

The Philippine National Police

- The state shall establish and maintain one police force, which shall be national in scope and civilian in
character, to be administered and controlled by a NAPOLCOM.

Rule of the Thumb

 Being civilian in character, the PNP is not part of the Armed Forces of the Philippines.
 Being civilian in character, the PNP is subject to the jurisdiction of the Civil Service Commission and
National Police Commission.
 The President exercises over the PNP, not his commander-in-chief power ---but his executive power of
supervision (as Chief Executive)

Sec. 11

The Mass Media - The ownership & management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

Advertising Industry
- The advertising industry is impressed with public interest, and shall be regulated by law for the
protection of consumers and the promotion of the general welfare.
- Only Filipino citizens or corporations or associations at least 70% of the capital of which is owned by
such citizens shall be allowed to engage in the advertising industry.

Rule of the Thumb

 Mass Media includes radio, television, and the printed media.
 Mass Media does not include commercial telecommunications which are governed as public utilities by
Sec. 11, Art. XII.
 Mass Media does not include advertising industry which is not a mass media but use of mass media
(70-30).

ARTICLE VII – AMENDMENTS OR REVISION

Sec. 1

Proposal to Amend/Revise
Any amendment to, or revision of, this Constitution may be proposed by:
 The Congress, upon a vote of three-fourths of all its members; or
 A Constitutional Convention

People’s Initiative
 - Amendments to this Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least 12% of the total number of registered voters, of which every legislative district
must be represented by at least 3% of the registered voters therein

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

Sec. 4, Art. XXI, FeCon

- The democratic and republican character of the government, its federal structure, its indissolubility and
permanence shall not be subject to amendments or revisions

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

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

Rule of the Thumb

- Amendment to the Constitution may be proposed by:
 Congress, as a constituent assembly (3/4);
 Constitutional Convention; or,
 People’s initiative. These proposals may be done, one after the other, or two at a time or all at
the same time.
- Revision of the Constitution may be proposed by:
- Congress, as a constituent assembly (3/4); or
- Constitutional Convention.
- These proposals may be done, one after the other, or both at the same time.
- The ruling in Santiago vs. Comelec that R.A. 6735, Initiative and Referendum Law, is inadequate to
support people’s initiative to amend the 1987 Constitution --- has not been reversed by Lambino vs.
Comelec
- In proposing amendments to or revision of the Constitution, Congress --- as a constituent assembly,
may deliberate on the proposals with both Houses sitting as one in one venue, but shall vote
separately.
- But nothing prevents Congress from proposing amendments to or revision of the Constitution through
the normal process of legislation, sitting separately, provided that, upon the third reading, at least ¾
vote is obtained in both chambers, voting separately.
- A congressional call of Congress (2/3) for a Constitutional Convention may limit the areas of
amendments or revision, but it cannot prevent the ConCon from dealing with other areas once
convened, as it is endowed with extra-ordinary powers derived from the Constitution and generally
beyond the control of any department of the existing government
- A congressional call of Congress (2/3) for a Constitutional Convention cannot be withdrawn by
Congress if the Concon Delegates have been elected and convened. For once formally convened, it is
endowed with extraordinary powers beyond the control of any department of the existing government.
- Once formally convened, the constituent assembly shall be allowed to complete its job of proposing
amendments or revision of the Constitution.
- Thereafter, all proposals shall be submitted in its entirety to the people in a plebiscite, under the
doctrine of fair and proper submission.
- Only matters of form and procedure of any constituent assembly can be considered as justiciable
issues, if there are discoverable standards that the Constitution has provided.
 - The substance of the proposals of the constituent assembly is beyond judicial review, except proposals
in derogation of jus cogens
- Congress shall have the power to call for the conduct of a referendum plebiscite for the people to
approve or reject any proposals for amendment or revision.
- The manner and procedure for ratification plebiscite are justiciable issues. The substance of the
proposals as ratified are assembly are beyond judicial review.

ARTICLE XVIII- TRANSITORY PROVISION

Transitory Provisions.  The office of the Transitory Provisions is to provide a provisional mechanism so as to
allow the transition from the old Constitution to the new Constitution.  These provisions are rendered functus
officio upon the completion of its transitory mandate.

Sec. 1

First Election
- The first election of Members of the Congress under this Constitution shall be held on the second
Monday of May, 1987.
- The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of Congress.
First Elected Legislators
- The senators, or members of the House of Representatives, and the local officials first elected under
this Constitution shall serve until noon of June 30, 1992.

Kida vs. Senate

- While the Constitution does not expressly state that Congress has to synchronize national and local
elections, the clear intent towards this objective can be gleaned from the Transitory Provisions which
show the extent to which the Constitutional Commission deliberately made adjustments to the
incumbent officials’ terms - -- to attain synchronization.
- Does the synchronization mandated by the Constitution include the regional elections of the ARMM?
 Although called regional elections, the ARMM elections should be included among the elections
to be synchronized as it is a “local” election based on the wording and structure of the
Constitution.
Sec. 3

Operative Clause
- All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive
issuances not inconsistent with this Constitution shall remain operative until amended, repealed or
revoked.
-
Alvarez vs. PICOP
Having been signed on 29 July 1969, is the Presidential Warranty, issued to PICOP in 1969, beyond the reach
of the 1987 Constitution?
- No. Being repugnant to the 1987 Constitution, PICOP’s Presidential Warranty is deemed repealed
pursuant to Sec. 3, Art. XVIII of the 1987 Constitution.
Alvarez vs. PICOP
 - In Sabio vs. Gordon, we ruled that “(t)he clear import of this provision is that all existing laws, executive
orders, proclamations, letters of instructions and other executive issuances inconsistent or repugnant to
the Constitution are repealed.”

Sec. 4

Unratified Treaties
- All existing treaties or international agreements which have not been ratified shall not be renewed or
extended without the concurrence of at least two-thirds of all the members of the Senate.

Sec. 25

Foreign Military Bases

- After the expiration in 1991 of the agreement between the Philippines and the United States of America
concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the
Philippines except:
 under a treaty duly concurred in by the Senate and recognized as a treaty by the other
contracting state; and,
 when the Congress so requires, ratified by a majority of the votes cast by the people in a
national referendum held for that purpose.
- Can other countries base their forces in PH?
No. Sec. 25 means that the United States alone could be allowed to have military bases in the
Philippines. After the expiration of the RP-US Bases Agreement, the United States could obtain
this concession only through a treaty, to be ratified by the people in a referendum, if Congress
so requires (Bernas).

Saguisag vs. Ochoa.

For having been executed through an executive agreement and not through a treaty, did EDCA violate Sec. 25
Art. XVIII of the 1987 Constitution?
- No. It is evident that the constitutional restriction under Sec. 25, Art. XVIII of the 1987 Constitution
refers solely to the initial entry of the foreign military bases, troops, or facilities.
Saguisag vs. Ochoa
Once entry is authorized, the subsequent acts are thereafter subject only to the limitations provided by the rest
of the Constitution and Philippine law, and not to the Section 25 requirement of validity through a treaty. The
VF A has already allowed the entry of troops in the Philippines.
Saguisag vs. Ochoa.
Does EDCA provide the U.S. extensive control and authority over Philippine facilities and locations, such that
the agreement effectively violates Section 25 of the 1987 Constitution?
- No. EDCA only granted limited control which does not mean an abdication or derogation of Philippine
sovereignty and legal jurisdiction over the Agreed Locations.

Sec. 6

Cory’s Legislative Power

- The incumbent President shall continue to exercise legislative power until the first Congress is
convened.
- The first Congress, under the 1987 Constitution, convened on July 27, 1987

PAGs & CHDF

Private armies and other armed groups not recognized by duly constituted authority shall be dismantled. All
paramilitary forces, including CHDF not consistent with the citizen armed force established in this Constitution,
shall be dissolved or, where appropriate, converted into the regular force.
Gamboa vs. Chan
Is A.O. 275 consistent with the mandate to dismantle private armies?
- Yes. The issuance of A.O. 275 articulates a legitimate state aim, which is to investigate the existence of
PAGs [private armies and armed groups] with the ultimate objective of dismantling them permanently.
Gamboa vs. Chan
Pursuant to the state interest of dismantling PAGs, as well as the foregoing powers and functions accorded to
the Zeñarosa Commission and the PNP, the latter collected information on individuals [like Gamboa]
suspected of maintaining PAGs, monitored them and counteracted their activities.

Sec. 26

Sequestration Orders
- The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is
commenced as herein provided
- The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March 25, 1986
in relation to the ill-gotten wealth shall remain operative for not more than 18 months after the
ratification of this Constitution. However, in the national interest, as certified by the President, the
Congress may extend said period.
- A “freeze order” prohibits the person having possession or control of an “ill-gotten wealth” from
disposing or encumbering the assets.
- Sequestration is the PCGG’s power to take into custody and control “ill-gotten” assets.
- Provisional take-over allows PCGG not only control of the physical assets of the “ill-gotten wealth” but
also its business operations.

Bakunawa vs. Republic

Was the Republic, by preponderance of evidence, able to establish the ill-gotten nature of the Bakunawas’
wealth?
- No. The mere holding of a position in the Marcos administration did not necessarily make Bakunawa
close associate within the context of E.O. No. 1.
Cojuangco vs. Republic
Is the PCA-Cojuangco Agreement involving coco-levy funds, constitutional?
- No, for lack of publication and for using public funds. While PCA-Cojuangco Agreement was referred to
in Sec. 1 of P.D. 755 but it was not reproduced or attached as an annex to P.D. 755. Besides, the
coconut levy funds were exacted for a special public purpose.
POTC vs. Sandiganbayan
What is the effect of the failure to properly implead POTC and PHILCOMSAT in the light of Sec. 26, Art. XVIII
of the 1987 Constitution?
- The sequestration order over POTC and PHILCOMSAT was automatically lifted six months after the
ratification of the 1987 Constitution on 2 February 1987 for failure to implead POTC and PHILCOMSAT.

Effectivity
- This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in
plebiscite held for the purpose and shall supersede all previous Constitutions.

Esguerra vs. De Leon

- The 1987 Constitution was ratified by the people on Feb. 2, 1987