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Article XVI

GENERAL PROVISIONS

Article XVI - GENERAL PROVISIONS


I. Republic of the Philippines FLAG (Sec. 1) - red, white and blue

- sun and 3 stars - as consecrated and honored by the people and recognized by law
Name, national anthem and national seal (Sec. 2)

- Congress may change

- but subject to ratification by the people - shall all be truly reflective and symbolic of the ideals, history and traditions of the people
State may not be sued without its consent (Sec. 3)

Article XVI - GENERAL PROVISIONS


II. State may not be sued without its consent (Sec. 3) no legal right as against the authority that makes the law on which the right depends (Holmes) - loss of government efficiency - obstacle to performance of government functions Suit is against the State when:

the Republic is sued by name case is against an unincorporated government agency case on its face against a government official but ultimate
liability belongs to the government

suability depends on whether State has consented to be sued

Article XVI - GENERAL PROVISIONS


Consent to be sued is given expressly or impliedly - expressly when there is a law expressly granting authority to sue - implied consent when:

incidental to performance of a governmental function


into a business operation unless business State enters incidental to performance of a governmental operation is function State sues a private party unless suit is entered into only to resist a claim

State enters into a private contract unless contract is

Governments consent to be sued does not mean it concedes liability (*Philrock v. BOL) Public official can be sued for acts committed in bad faith or where he is being sued in this personal capacity (*Lansang v. CA) Immunity found in Section 3 also applies to foreign States but exceptions apply as well (*US v. Guinto)

Article XVI - GENERAL PROVISIONS


III. Armed Forces of the Philippines

Composition (Sec. 4) - regular force - citizen armed force


Prohibitions - Engage directly or indirectly in any partisan political activity, except to vote (Sec. 5) - be appointed or designated to a civilian position in the Government including GOCCs - laws on retirement cannot allow extension of their service - tour of duty of Chief of Staff not to exceed 3 years unless in times of war or other national emergency as declared by Congress - Chief of Staff may be allowed to finish tour of duty beyond compulsory retirement date

Article XVI - GENERAL PROVISIONS


General policy initiatives - take an oath or affirmation to uphold and defend the Constitution - strengthen the patriotic spirit and nationalist consciousness of the military and respect for peoples rights in the performance of their duty - Professionalism - adequate remuneration and benefits - insulation from partisan politics - proportional recruitment from all provinces and cities as far as practicable (Sec. 5)

Article XVI - GENERAL PROVISIONS


IV. Other Interest Groups Veterans (Sec. 7) - funds provided for benefits and other forms of assistance

- due consideration in the disposition of agricultural lands of the public domain and utilization of natural resources
Retirees (Sec. 8) - periodic review to increase pensions and other benefits Consumers (Sec. 9) - protection from trade malpractice and from substandard or

hazardous products
Indigenous Cultural Communities (Sec. 12) - creation of a consultative body, majority of which shall come

from such communities, to advise the President

Article XVI - GENERAL PROVISIONS


V. Communication General Policies - structures suitable to the needs and aspirations of the

nation - balanced flow of information into, out of, and across the country in accordance with a policy that respects freedom of speech and of the press
Mass Media (Sec. 11) - ownership limited to Filipino citizens or entities wholly-

owned and managed by such citizens - Congress to regulate or prohibit monopolies

Article XVI - GENERAL PROVISIONS


Advertising Industry (Sec. 11) - impressed with public interest and regulated by law for protection of consumers and promotion of general welfare - ownership limited to Filipino citizens or entities 70% of capital is owned by Filipinos - 5 years from ratification of Constitution to comply (Art. XVIII, Sec. 23) - participation of foreign investors in governing body limited to proportionate share in its capital - executive and managing officers must be Filipinos

Article XVII
AMENDMENTS OF REVISONS

Article XVII - AMENDMENTS OR REVISIONS


I. General Terms
Constituent Power/Legislative Power What Whom Participation of President Amendments/Revisions alteration/re-examination plenary power except if it goes against a norm accepted in international law (Jus Cogens) *Planas v. Comelec Steps in amending or revising the constitution Proposal Submission Ratification

Article XVII - AMENDMENTS OR REVISIONS


II. Proposal
Congress upon a vote of 3/4 of all its members - Acting as a constituent assembly - Amendments or Revisions - Voting jointly or separately? Constitutional Convention - may be called by Congress upon a 2/3 vote of all its members - submit to the electorate the question of calling a convention upon a majority vote of all its members - Amendments or Revisions

Congress acting as an ordinary legislative body may supply


details for convention (*Imbong v. Comelec)

No piece meal ratification (*Tolentino v. Comelec)

Article XVII - AMENDMENTS OR REVISIONS


Direct proposal by the people - petition of at least 12% of total number registered voters of which every district must be represented by at least 3% - Amendments only - Can only be exercised once every 5 years - Congress shall provide for implementation of right RA 6735 or the Initiative and Referendum Law does not apply to constitutional amendments (*Defensor v. Comelec)

III.

Submission Through a plebiscite called by:


Congress as a constituent assembly Constitutional Convention Congress as an ordinary legislative body

Article XVII - AMENDMENTS OR REVISIONS


IV. Ratification
In Con Ass or Con Com, ratification by a majority of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days after the approval of such amendment or revision In Direct proposal, ratification by a majority of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days after the certification by the Comelec of the sufficiency of the petition

Article XVIII
TRANSITORY PROVISIONS

Article XVIII - TRANSITORY PROVISIONS


I. Elections Date - national

- local
II. Laws Statutes, PDs, EOs, Procs, LOIs - operative until amended, repealed or revoked (Sec. 3) Treaties and International Agreements - not reviewed or extended without concurrence of 2/3 of Senate

(Sec. 4) - foreign military bases, troops or facilities need a treaty (Sec. 25) *Bayan v. Executive Secretary

Article XVIII - TRANSITORY PROVISIONS


III. Courts Status Quo - continue to exercise jurisdiction

- Rules of Court remain operative - incumbent members remain until 70, incapacitated or removed for cause
Back Log

- systematic plan to expedite

- legal effect of lapse of period for cases filed before ratification of the 1987 Constitution - paragraphs 3 and 4, Section 15 of Article VIII apply (certification and penalties)

Article XVIII - TRANSITORY PROVISIONS


IV. Constitutional Commissions Extension of one year unless removed for cause, incapacitated or appointed to a new term Term not to extend beyond 7 years V. Civil Service reorganization Reorganization is always allowed provided it is done in good faith (*Dario v. Mison) appropriate separation pay and retirement benefits considered for employment VI. Salaries

Top officials (Sec. 17) Other officials (Sec. 18)

Article XVIII - TRANSITORY PROVISIONS


VII. Lands

Illegally acquired (Sec. 21)


- violation of Constitution, public land laws or through corrupt practices - adequate remedies for reversion - no transfer until after 1 year from ratification Idle or abandoned agricultural lands (Sec. 22) - expropriate for distribution under agrarian reform program

Article XVIII - TRANSITORY PROVISIONS


VIII. Ill-gotten Wealth (Sec. 26) Issuance of sequestration or freeze orders by PCGG operative for 18 months more - difference with search warrant administrative authority prima facie case not probable cause - power over sequestered property is administrative power (*Republic v. Sandiganbayan) Issued only upon showing of prima facie case Judicial action or proceeding must be commenced within 6 months from ratification or filing

Article XVIII - TRANSITORY PROVISIONS


IX. Other Matters Private Armies (Sec. 24) CHDF dismantled or absorbed Metropolitan Authority (Sec. 8) President to constitute until Congress provides otherwise Sub-provinces (Sec. 9) continue to operate until converted into regular province or component municipalities are reverted to another province X. Effectivity of Constitution February 2, 1987