STUDENT’S MANUAL

IN

PHILIPPINE CONSTITUTION
& GOVERNMENT

_____________________
Student’s Name:

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Course Year & Section
 1987 Philippine Constitution

1987 Preamble

Article 1 Territory

Article II Declaration of Principles and State Principles

Article III Bill of Rights

Article IV Citizenship

Article V Suffrage

Article VI Legislative Department

Article VII Executive Department

Article VIII Judicial Department

Article IX Constitutional Commissions

Article X Local Government

Article XI Accountability of Public Officers

Article XII National Economy and Patrimony

Article XIII Social Justice and Human Rights

Article XIV Education, Science & Technology, Arts, Culture and Sports

Article XV The Family

Article XVI General

Article XVII Amendments or Revisions

Article XVIII Transitory Provisions

REVIEWER
1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society, and establish a
Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and secure
to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
Section 2. The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity
with all nations.
Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect
the people. The Government may call upon the people to defend
the State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military or
civil service.
Section 5. The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.
Section 6. The separation of Church and State shall be inviolable.
STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In
its relations with other states, the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the
right to self-determination.
Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its
territory.
Section 9. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living,
and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of
national development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life
of the unborn from conception. The natural and primary right and
duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law
of women and men.
Section 15. The State shall protect and promote the right to health
of the people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.
Section 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their
welfare.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investments.
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
Section 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the
welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 25. The State shall ensure the autonomy of local
governments.
Section 26. The State shall guarantee equal access to opportunities
for public service and prohibit political dynasties as may be defined
by law.
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all
its transactions involving public interest.
ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the
equal protection of the laws.
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to
be searched and the persons or things to be seized.
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Section 3.
1. The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as
prescribed by law.
2. Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any
proceeding.
Section 4. No law shall be passed abridging the freedom of speech,
of expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public
health, as may be provided by law.
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without
just compensation.
Section 10. No law impairing the obligation of contracts shall be
passed.
Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by
reason of poverty.
Section 12.
1. Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and
in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited.
3. Any confession or admission obtained in violation of this
or Section 17 hereof shall be inadmissible in evidence
against him.
 4. The law shall provide for penal and civil sanctions for Section 21. No person shall be twice put in jeopardy of punishment
violations of this Section as well as compensation to the for the same offense. If an act is punished by a law and an
rehabilitation of victims of torture or similar practices, and ordinance, conviction or acquittal under either shall constitute a bar
their families. to another prosecution for the same act.

Section 13. All persons, except those charged with offenses Section 22. No ex post facto law or bill of attainder shall be enacted.
punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
ARTICLE IV
Section 14. CITIZENSHIP

1. No person shall be held to answer for a criminal offense Section 1. The following are citizens of the Philippines:
without due process of law.
2. In all criminal prosecutions, the accused shall be presumed
1. Those who are citizens of the Philippines at the time of the
innocent until the contrary is proved, and shall enjoy the
adoption of this Constitution;
right to be heard by himself and counsel, to be informed of
2. Those whose fathers or mothers are citizens of the
the nature and cause of the accusation against him, to
Philippines;
have a speedy, impartial, and public trial, to meet the
3. Those born before January 17, 1973, of Filipino mothers,
witnesses face to face, and to have compulsory process to
who elect Philippine Citizenship upon reaching the age of
secure the attendance of witnesses and the production of
majority; and
evidence in his behalf. However, after arraignment, trial
4. Those who are naturalized in the accordance with law.
may proceed notwithstanding the absence of the accused:
Provided, that he has been duly notified and his failure to
appear is unjustifiable. Section 2. Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship. Those who elect Philippine
Section 15. The privilege of the writ of habeas corpus shall not be
citizenship in accordance with paragraph (3), Section 1 hereof shall
suspended except in cases of invasion or rebellion, when the public
be deemed natural-born citizens.
safety requires it.

Section 3. Philippine citizenship may be lost or reacquired in the

Section 16. All persons shall have the right to a speedy disposition of
manner provided by law.
their cases before all judicial, quasi-judicial, or administrative bodies.

Section 4. Citizens of the Philippines who marry aliens shall retain

Section 17. No person shall be compelled to be a witness against
their citizenship, unless by their act or omission they are deemed,
himself.
under the law to have renounced it.

Section 18.
Section 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
1. No person shall be detained solely by reason of his
political beliefs and aspirations.
2. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been
duly convicted.

ARTICLE V
Section 19.
SUFFRAGE

1. Excessive fines shall not be imposed, nor cruel, degrading

Section 1. Suffrage may be exercised by all citizens of the
or inhuman punishment inflicted. Neither shall death
Philippines, not otherwise disqualified by law, who are at least
penalty be imposed, unless, for compelling reasons
eighteen years of age, and who shall have resided in the Philippines
involving heinous crimes, the Congress hereafter provides
for at least one year and in the place wherein they propose to vote,
for it. Any death penalty already imposed shall be reduced
for at least six months immediately preceding the election. No
to reclusion perpetua.
literacy, property, or other substantive requirement shall be
2. The employment of physical, psychological, or degrading
imposed on the exercise of suffrage.
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law. Section 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
Section 20. No person shall be imprisoned for debt or non-payment
of a poll tax.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the
secrecy of the ballot.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
Section 2. The Senate shall be composed of twenty-four Senators
who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Section 3. No person shall be a Senator unless he is a natural-born
citizen of the Philippines and, on the day of the election, is at least
thirty-five years of age, able to read and write, a registered voter,
and a resident of the Philippines for not less than two years
immediately preceding the day of the election.
Section 4. The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall
serve for more than two consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which
he was elected.
Section 5.
1. The House of Representatives shall be composed of not
more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through a party-
list system of registered national, regional, and sectoral
parties or organizations.
2. The party-list representatives shall constitute twenty per
centum of the total number of representatives including
those under the party list. For three consecutive terms
after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be filled,
as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided
by law, except the religious sector.
3. Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent territory.
Each city with a population of at least two hundred fifty
thousand, or each province, shall have at least one
representative.
4. Within three years following the return of every census,
the Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least twenty-five years of age,
able to read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately
preceding the day of the election.
Section 7. The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following
their election. No Member of the House of Representatives shall
serve for more than three consecutive terms. Voluntary
renunciation of the 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.
Section 8. Unless otherwise provided by law, the regular election of
the Senators and the Members of the House of Representatives shall
be held on the second Monday of May.
Section 9. In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy
in the manner prescribed by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the
unexpired term.
Section 10. The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of
Representatives approving such increase.
Section 11. A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.
Section 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall notify
the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are
authors.
Section 13. No Senator or Member of the House of Representatives
may hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was
elected.
Section 14. No Senator or Member of the House of Representatives
may personally appear as counsel before any court of justice or
before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or
special privilege granted by the Government, or any subdivision,
agency, or instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called
upon to act on account of his office.
Section 15. The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a different date
is fixed by law, and shall continue to be in session for such number
of days as it may determine until thirty days before the opening of
its next regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any time.
Section 16.
1. The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all its
respective Members. Each House shall choose such other
officers as it may deem necessary.
2. A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to
day and may compel the attendance of absent Members in
such manner, and under such penalties, as such House
may provide.
3. Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
4. Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts
as may, in its judgment, affect national security; and the
yeas and nays on any question shall, at the request of one-
fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
5. Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two Houses shall be sitting.
Section 17. The Senate and the House of Representatives shall each
have an Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, as
the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.
Section 18. There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio Chairman, twelve
Senators, and twelve Members of the House of Representatives,
elected by each House on the basis of proportional representation
from the political parties and parties or organizations registered
under the party-list system represented therein. The chairman of
the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.
Section 19. The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after the
Senate and the House of Representatives shall have been organized
with the election of the President and the Speaker. The Commission
on Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to discharge
such powers and functions as are herein conferred upon it.
Section 20. The records and books of accounts of the Congress shall
be preserved and be open to the public in accordance with law, and
such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses
for each Member.
Section 21. The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of
persons appearing in, or affected by, such inquiries shall be
respected.
Section 22. The heads of departments may, upon their own
initiative, with the consent of the President, or upon the request of
either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the
President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions,
but may cover matters related thereto. When the security of the
State or the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
Section 23.
1. The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.
2. In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
the next adjournment thereof.
Section 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills,
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
Section 25.
1. The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content,
and manner of preparation of the budget shall be
prescribed by law.
2. No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision
 or enactment shall be limited in its operation to the but the veto shall not affect the item or items to which he
appropriation to which it relates. does not object.
3. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving Section 28.
appropriations for other departments and agencies.
4. A special appropriations bill shall specify the purpose for
1. The rule of taxation shall be uniform and equitable. The
which it is intended, and shall be supported by funds
Congress shall evolve a progressive system of taxation.
actually available as certified by the National Treasurer, or
2. The Congress may, by law, authorize the President to fix
to be raised by a corresponding revenue proposal therein.
within specified limits, and subject to such limitations and
5. No law shall be passed authorizing any transfer of
restrictions as it may impose, tariff rates, import and
appropriations; however, the President, the President of
export quotas, tonnage and wharfage dues, and other
the Senate, the Speaker of the House of Representatives,
duties or imposts within the framework of the national
the Chief Justice of the Supreme Court, and the heads of
development program of the Government.
Constitutional Commissions may, by law, be authorized to
3. Charitable institutions, churches and personages or
augment any item in the general appropriations law for
convents appurtenant thereto, mosques, non-profit
their respective offices from savings in other items of their
cemeteries, and all lands, buildings, and improvements,
respective appropriations.
actually, directly, and exclusively used for religious,
6. Discretionary funds appropriated for particular officials
charitable, or educational purposes shall be exempt from
shall be disbursed only for public purposes to be
taxation.
supported by appropriate vouchers and subject to such
4. No law granting any tax exemption shall be passed without
guidelines as may be prescribed by law.
the concurrence of a majority of all the Members of the
7. If, by the end of any fiscal year, the Congress shall have
Congress.
failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed re-enacted and shall Section 29.
remain in force and effect until the general appropriations
bill is passed by the Congress. 1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
Section 26. 2. No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination,
1. Every bill passed by the Congress shall embrace only one
sectarian institution, or system of religion, or of any priest,
subject which shall be expressed in the title thereof.
preacher, minister, other religious teacher, or dignitary as
2. No bill passed by either House shall become a law unless it
such, except when such priest, preacher, minister, or
has passed three readings on separate days, and printed
dignitary is assigned to the armed forces, or to any penal
copies thereof in its final form have been distributed to its
institution, or government orphanage or leprosarium.
Members three days before its passage, except when the
3. All money collected on any tax levied for a special purpose
President certifies to the necessity of its immediate
shall be treated as a special fund and paid out for such
enactment to meet a public calamity or emergency. Upon
purpose only. If the purpose for which a special fund was
the last reading of a bill, no amendment thereto shall be
created has been fulfilled or abandoned, the balance, if
allowed, and the vote thereon shall be taken immediately
any, shall be transferred to the general funds of the
thereafter, and the yeas and nays entered in the Journal.
Government.

Section 27.
Section 30. No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution
1. Every bill passed by the Congress shall, before it becomes without its advice and concurrence.
a law, be presented to the President. If he approves the
same he shall sign it; otherwise, he shall veto it and return
Section 31. No law granting a title of royalty or nobility shall be
the same with his objections to the House where it
enacted.
originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such Section 32. The Congress shall, as early as possible, provide for a
House shall agree to pass the bill, it shall be sent, together system of initiative and referendum, and the exceptions therefrom,
with the objections, to the other House by which it shall whereby the people can directly propose and enact laws or approve
likewise be reconsidered, and if approved by two-thirds of or reject any act or law or part thereof passed by the Congress or
all the Members of that House, it shall become a law. In all local legislative body after the registration of a petition therefor
such cases, the votes of each House shall be determined signed by at least ten per centum of the total number of registered
by yeas or nays, and the names of the Members voting for voters, of which every legislative district must be represented by at
or against shall be entered in its Journal. The President least three per centum of the registered voters thereof.
shall communicate his veto of any bill to the House where
it originated within thirty days after the date of receipt
thereof, otherwise, it shall become a law as if he had
signed it.
2. The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill,
 ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested in the President of
the Philippines.
Section 2. No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered voter, able to
read and write, at least forty years of age on the day of the election,
and a resident of the Philippines for at least ten years immediately
preceding such election.
Section 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with, and in the
same manner, as the President. He may be removed from office in
the same manner as the President.
The Vice-President may be appointed as a Member of the Cabinet.
Such appointment requires no confirmation.
Section 4. The President and the Vice-President shall be elected by
direct vote of the people for a term of six years which shall begin at
noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date, six years thereafter.
The President shall not be eligible for any re-election. No person
who has succeeded as President and has served as such for more
than four years shall be qualified for election to the same office at
any time.
No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service for
the full term for which he was elected.
Unless otherwise provided by law, the regular election for President
and Vice-President shall be held on the second Monday of May.
The returns of every election for President and Vice-President, duly
certified by the board of canvassers of each province or city, shall be
transmitted to the Congress, directed to the President of the Senate.
Upon receipt of the certificates of canvass, the President of the
Senate shall, not later than thirty days after the day of the election,
open all the certificates in the presence of the Senate and the House
of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the
manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed
elected, but in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen by the vote
of a majority of all the Members of both Houses of the Congress,
voting separately.
The Congress shall promulgate its rules for the canvassing of the
certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of the
President or Vice-President, and may promulgate its rules for the
purpose.
Section 5. Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President shall take the
following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President (or Vice-President or
Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God." (In
case of affirmation, last sentence will be omitted.)
Section 6. The President shall have an official residence. The salaries
of the President and Vice-President shall be determined by law and
shall not be decreased during their tenure. No increase in said
compensation shall take effect until after the expiration of the term
of the incumbent during which such increase was approved. They
shall not receive during their tenure any other emolument from the
Government or any other source.
Section 7. The President-elect and the Vice President-elect shall
assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall
act as President until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice President-elect
shall act as President until a President shall have been chosen and
qualified.
If at the beginning of the term of the President, the President-elect
shall have died or shall have become permanently disabled, the Vice
President-elect shall become President.
Where no President and Vice-President shall have been chosen or
shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall act as
President until a President or a Vice-President shall have been
chosen and qualified.
The Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or a Vice-
President shall have qualified, in case of death, permanent disability,
or inability of the officials mentioned in the next preceding
paragraph.
Section 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall
become the President to serve the unexpired term. In case of death,
permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case
of his inability, the Speaker of the House of Representatives, shall
then act as President until the President or Vice-President shall have
been elected and qualified.
The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting
President. He shall serve until the President or the Vice-President
shall have been elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting President.
Section 9. Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the President
shall nominate a Vice-President from among the Members of the
Senate and the House of Representatives who shall assume office
upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately.
Section 10. The Congress shall, at ten o'clock in the morning of the
third day after the vacancy in the offices of the President and Vice-
President occurs, convene in accordance with its rules without need
of a call and within seven days, enact a law calling for a special
election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of
such call. The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article V1 of this
Constitution and shall become law upon its approval on third
reading by the Congress. Appropriations for the special election shall
be charged against any current appropriations and shall be exempt
from the requirements of paragraph 4, Section 25, Article V1 of this
Constitution. The convening of the Congress cannot be suspended
nor the special election postponed. No special election shall be
called if the vacancy occurs within eighteen months before the date
of the next presidential election.
Section 11. Whenever the President transmits to the President of
the Senate and the Speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to
the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President of the
Senate and to the Speaker of the House of Representatives his
written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of all
the Members of the Cabinet transmit within five days to the
President of the Senate and to the Speaker of the House of
Representatives, their written declaration that the President is
unable to discharge the powers and duties of his office, the Congress
shall decide the issue. For that purpose, the Congress shall convene,
if it is not in session, within forty-eight hours, in accordance with its
rules and without need of call.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is
required to assemble, determines by a two-thirds vote of both
Houses, voting separately, that the President is unable to discharge
the powers and duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue exercising the
powers and duties of his office.
Section 12. In case of serious illness of the President, the public shall
be informed of the state of his health. The members of the Cabinet
in charge of national security and foreign relations and the Chief of
Staff of the Armed Forces of the Philippines, shall not be denied
access to the President during such illness.
Section 13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business,
or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the
fourth civil degree of the President shall not, during his tenure, be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
Section 14. Appointments extended by an Acting President shall
remain effective, unless revoked by the elected President, within
ninety days from his assumption or reassumption of office.
Section 15. Two months immediately before the next presidential
elections and up to the end of his term, a President or Acting
President shall not make appointments, except temporary
appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety.
Section 16. The President shall nominate and, with the consent of
the Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments are vested in
him in this Constitution. He shall also appoint all other officers of the
Government whose appointments are not otherwise provided for by
law, and those whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of other officers lower
in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during
the recess of the Congress, whether voluntary or compulsory, but
such appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the
Congress.
Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
Section 18. The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion, when
the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within forty-eight
hours from the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular
or special session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist
and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in accordance
with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed
by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the
writ or the extension thereof, and must promulgate its decision
thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction
on military courts and agencies over civilians where civil courts are
able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
Section 19. Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence
of a majority of all the Members of the Congress.
Section 20. The President may contract or guarantee foreign loans
on behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject to such limitations
as may be provided by law. The Monetary Board shall, within thirty
days from the end of every quarter of the calendar year, submit to
the Congress a complete report of its decision on applications for
loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have
the effect of increasing the foreign debt, and containing other
matters as may be provided by law.
Section 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the
Members of the Senate.
Section 22. The President shall submit to the Congress, within thirty
days from the opening of every regular session as the basis of the
general appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue
measures.
Section 23. The President shall address the Congress at the opening
of its regular session. He may also appear before it at any other
time.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government.
Section 2. The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but may not
deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations
for the Judiciary may not be reduced by the legislature below the
amount appropriated for the previous year and, after approval, shall
be automatically and regularly released.
Section 4.
1. The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven Members.
Any vacancy shall be filled within ninety days from the
occurrence thereof.
2. All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall
be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be
heard en banc, including those involving the
constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who actually
took part in the deliberations on the issues in the case and
voted thereon.
3. Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case
without the concurrence of at least three of such
Members. When the required number is not obtained, the
case shall be decided en banc: Provided, that no doctrine
or principle of law laid down by the court in a decision
rendered en banc or in division may be modified or
reversed except by the court sitting en banc.
Section 5. The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
 a. All cases in which the constitutionality or validity
of any treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question.
b. All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto.
c. All cases in which the jurisdiction of any lower
court is in issue.
d. All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
e. All cases in which only an error or question of
law is involved.
3. Assign temporarily judges of lower courts to other stations
as public interest may require. Such temporary assignment
shall not exceed six months without the consent of the
judge concerned.
4. Order a change of venue or place of trial to avoid a
miscarriage of justice.
5. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
under-privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme
Court.
6. Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Section 6. The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.
Section 7.
1. No person shall be appointed Member of the Supreme
Court or any lower collegiate court unless he is a natural-
born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have
been for fifteen years or more, a judge of a lower court or
engaged in the practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of
lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
3. A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Section 8.
1. A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and
a representative of the Congress as ex officio Members, a
representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a
representative of the private sector.
2. The regular members of the Council shall be appointed by
the President for a term of four years with the consent of
the Commission on Appointments. Of the Members first
appointed, the representative of the Integrated Bar shall
serve for four years, the professor of law for three years,
the retired Justice for two years, and the representative of
the private sector for one year.
3. The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its
proceedings.
4. The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the
appropriations for the Council.
5. The Council shall have the principal function of
recommending appointees to the judiciary. It may exercise
such other functions and duties as the Supreme Court may
assign to it.
Section 9. The Members of the Supreme Court and judges of lower
courts shall be appointed by the President from a list of at least
three nominees preferred by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issued the appointment
within ninety days from the submission of the list.
Section 10. The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower courts shall be
fixed by law. During the continuance in office, their salary shall not
be decreased.
Section 11. The Members of the Supreme Court and judges of the
lower court shall hold office during good behavior until they reach
the age of seventy years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their dismissal
by a vote of majority of the Members who actually took part in the
deliberations on the issues in the case and voted in thereon.
Section 12. The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency performing
quasi-judicial or administrative function.
Section 13. The conclusions of the Supreme Court in any case
submitted to it for the decision en banc or in division shall be
reached in consultation before the case the case assigned to a
Member for the writing of the opinion of the Court. A certification to
this effect signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served upon the
parties. Any Member who took no part, or dissented, or abstained
from a decision or resolution must state the reason therefor. The
same requirements shall be observed by all lower collegiate court.
Section 14. No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law on
which it is based.
No petition for review or motion for reconsideration of a decision of
the court shall be refused due course or denied without stating the
legal basis therefor.
Section 15.
 1. All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twenty-
four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months
for all other lower courts.
2. A case or matter shall be deemed submitted for decision
or resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the
court itself.
3. Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy
thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued
within said period.
4. Despite the expiration of the applicable mandatory period,
the court, without prejudice to such responsibility as may
have been incurred in consequence thereof, shall decide
or resolve the case or matter submitted thereto for
determination, without further delay.
Section 16. The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to the
President and the Congress an annual report on the operations and
activities of the Judiciary.
ARTICLE IX
CONSTITUTIONAL COMMISSION
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.
Section 2. No member of a Constitutional Commission shall, during
his tenure, hold any other office or employment. Neither shall he
engage in the practice of any profession or in the active
management or control of any business which, in any way, may be
affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-
owned or controlled corporations or their subsidiaries.
Section 3. The salary of the Chairman and the Commissioners shall
be fixed by law and shall not be decreased during their tenure.
Section 4. The Constitutional Commissions shall appoint their
officials and employees in accordance with law.
Section 5. The Commission shall enjoy fiscal autonomy. Their
approved annual appropriations shall be automatically and regularly
released.
Section 6. Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any of its
offices. Such rules, however, shall not diminish, increase, or modify
substantive rights.
Section 7. Each Commission shall decide by a majority vote of all its
Members, any case or matter brought before it within sixty days
from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the
rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision,
order, or ruling of each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
Section 8. Each Commission shall perform such other functions as
may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1.
1. The civil service shall be administered by the Civil Service
Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for
any elective position in the elections immediately
preceding their appointment.
2. The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman
shall hold office for seven years, a Commissioner for five
years, and another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
Section 2.
1. The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government,
including government-owned or controlled corporations
with original charters.
2. Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by
competitive examination.
3. No officer or employee of the civil service shall be
removed or suspended except for cause provided by law.
4. No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
5. The right to self-organization shall not be denied to
government employees.
6. Temporary employees of the Government shall be given
such protection as may be provided by law.
Section 3. The Civil Service Commission, as the central personnel
agency of the Government, shall establish a career service and adopt
measures to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It shall strengthen
the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability. It shall
submit to the President and the Congress an annual report on its
personnel programs.
Section 4. All public officers and employees shall take an oath or
affirmation to uphold and defend this Constitution.
Section 5. The Congress shall provide for the standardization of
compensation of government officials and employees, including
those in government-owned or controlled corporations with original
charters, taking into account the nature of the responsibilities
pertaining to, and the qualifications required for, their positions.
Section 6. No candidate who has lost in any election, shall within
one year after such election, be appointed to any office in the
Government or any Government-owned or controlled corporations
or in any of their subsidiaries.
Section 7. No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his
tenure.
Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or
employment in the Government or any subdivision, agency or
instrumentality thereof, including Government-owned or controlled
corporations or their subsidiaries.
Section 8. No elective or appointive public officer or employee shall
receive additional, double, or indirect compensation, unless
specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from
any foreign government.
Pensions or gratuities shall not be considered as additional, double,
or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Section 1.
1. There shall be a Commission on Elections composed of a
Chairman and six Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a
college degree, and must not have been candidates for
any elective positions in the immediately preceding
elections. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.
2. The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, three Members
shall hold office for seven years, two Members for five
years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
Section 2. The Commission on Elections shall exercise the following
powers and functions:
1. Enforce and administer all laws and regulations relative to
the conduct of an election, plebiscite, initiative,
referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and
barangay offices shall be final, executory, and not
appealable.
3. Decide, except those involving the right to vote, all
questions affecting elections, including determination of
the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
4. Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.
5. Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens' arms of the
Commission on Elections. Religious denominations and
sects shall not be registered. Those which seek to achieve
their goals through violence or unlawful means, or refuse
to uphold and adhere to this Constitution, or which are
supported by any foreign government shall likewise be
refused registration.
Financial contributions from foreign governments and
their agencies to political parties, organizations, coalitions,
or candidates related to elections, constitute interference
in national affairs, and, when accepted, shall be an
additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that
may be prescribed by law.
6. File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
7. Recommend to the Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
 8. Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.
9. Submit to the President and the Congress, a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Section 3. The Commission on Elections may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre- proclamation
controversies. All such election cases shall be heard and decided in
division, provided that motions for reconsideration of decisions shall
be decided by the Commission en banc.
Section 4. The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all franchises or
permits for the operation of transportation and other public utilities,
media of communication or information, all grants, special
privileges, or concessions granted by the Government or any
subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure equal opportunity,
time, and space ,and the right to reply, including reasonable, equal
rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly,
honest, peaceful, and credible elections.
Section 5. No pardon, amnesty, parole, or suspension of sentence
for violation of election laws, rules, and regulations shall be granted
by the President without the favorable recommendation of the
Commission.
Section 6. A free and open party system shall be allowed to evolve
according to the free choice of the people, subject to the provisions
of this Article.
Section 7. No votes cast in favor of a political party, organization, or
coalition shall be valid, except for those registered under the party-
list system as provided in this Constitution.
Section 8. Political parties, or organizations or coalitions registered
under the party-list system, shall not be represented in the voters'
registration boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they shall be entitled
to appoint poll watchers in accordance with law.
Section 9. Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety days before the
day of election and shall end thirty days thereafter.
Section 10. Bona fide candidates for any public office shall be free
from any form of harassment and discrimination.
Section 11. Funds certified by the Commission as necessary to
defray the expenses for holding regular and special elections,
plebiscites, initiatives, referenda, and recalls, shall be provided in
the regular or special appropriations and, once approved, shall be
released automatically upon certification by the Chairman of the
Commission
D. THE COMMISSION ON AUDIT
Section 1.
1. There shall be a Commission on Audit composed of a
Chairman and two Commissioners, who shall be natural-
born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, Certified
Public Accountants with not less than ten years of auditing
experience, or members of the Philippine Bar who have
been engaged in the practice of law for at least ten years,
and must not have been candidates for any elective
position in the elections immediately preceding their
appointment. At no time shall all Members of the
Commission belong to the same profession.
2. The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman
shall hold office for seven years, one Commissioner for five
years, and the other Commissioner for three years,
without reappointment. Appointment to any vacancy shall
be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.
Section 2.
1. The Commission on Audit shall have the power, authority,
and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and
expenditures or uses of funds and property, owned or held
in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with
original charters, and on a post- audit basis:
a. constitutional bodies, commissions and offices
that have been granted fiscal autonomy under
this Constitution;
b. autonomous state colleges and universities;
c. other government-owned or controlled
corporations and their subsidiaries; and
d. such non-governmental entities receiving
subsidy or equity, directly or indirectly, from or
through the Government, which are required by
law or the granting institution to submit to such
audit as a condition of subsidy or equity.
However, where the internal control system of
the audited agencies is inadequate, the
Commission may adopt such measures, including
temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It
shall keep the general accounts of the
Government and, for such period as may be
provided by law, preserve the vouchers and
other supporting papers pertaining thereto.
2. The Commission shall have exclusive authority, subject to
the limitations in this Article, to define the scope of its
audit and examination, establish the techniques and
methods required therefor, and promulgate accounting
and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures or
uses of government funds and properties.
Section 3. No law shall be passed exempting any entity of the
Government or its subsidiaries in any guise whatever, or any
investment of public funds, from the jurisdiction of the Commission
on Audit.
Section 4. The Commission shall submit to the President and the
Congress, within the time fixed by law, an annual report covering
the financial condition and operation of the Government, its
subdivisions, agencies, and instrumentalities, including government-
owned or controlled corporations, and non-governmental entities
subject to its audit, and recommend measures necessary to improve
their effectiveness and efficiency. It shall submit such other reports
as may be required by law.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1. The territorial and political subdivisions of the Republic of
the Philippines are the provinces, cities, municipalities, and
barangays. There shall be autonomous regions in Muslim Mindanao
and the Cordilleras as hereinafter provided.
Section 2. The territorial and political subdivisions shall enjoy local
autonomy.
Section 3. The Congress shall enact a local government code which
shall provide for a more responsive and accountable local
government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units
their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries,
powers and functions and duties of local officials, and all other
matters relating to the organization and operation of the local units.
Section 4. The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities
with respect to component barangays, shall ensure that the acts of
their component units are within the scope of their prescribed
powers and functions.
Section 5. Each local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees and charges
subject to such guidelines and limitations as the Congress may
provide, consistent with the basic policy of local autonomy. Such
taxes, fees, and charges shall accrue exclusively to the local
governments.
Section 6. Local government units shall have a just share, as
determined by law, in the national taxes which shall be
automatically released to them.
Section 7. 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 by way of direct
benefits.
Section 8. 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. Voluntary renunciation of the 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.
Section 9. Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.
Section 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially
altered, except in accordance with the criteria established in the
local government code and subject to approval by a majority of the
votes cast in a plebiscite in the political units directly affected.
Section 11. 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 executive
and legislative assemblies. The jurisdiction of the metropolitan
authority that will thereby be created shall be limited to basic
services requiring coordination.
Section 12. Cities that are highly urbanized, as determined by law,
and component cities whose charters prohibit their voters from
voting for provincial elective officials, shall be independent of the
province. 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. Local government units may group themselves,
consolidate or coordinate their efforts, services, and resources for
purposes commonly beneficial to them in accordance with law.
Section 14. The President shall provide for regional development
councils or other similar bodies composed of local government
officials, regional heads of departments and other government
offices, and representatives from non-governmental organizations
within the regions for purposes of administrative decentralization to
strengthen the autonomy of the units therein and to accelerate the
economic and social growth and development of the units in the
region.
AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework
of this Constitution and the national sovereignty as well as territorial
integrity of the Republic of the Philippines.
Section 16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Section 17. All powers, functions, and responsibilities not granted by
this Constitution or by law to the autonomous regions shall be
vested in the National Government.
Section 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the
regional consultative commission composed of representatives
appointed by the President from a list of nominees from multi-
sectoral bodies. 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. The organic acts
shall likewise provide for special courts with personal, family, and
property law jurisdiction consistent with the provisions of this
Constitution and national laws.
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 provinces, cities,
and geographic areas voting favorably in such plebiscite shall be
included in the autonomous region.
Section 19. The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both
Houses, pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
Section 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions 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.
Section 21. 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.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. Public officers and
employees must, at all times, be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency; act
with patriotism and justice, and lead modest lives.
Section 2. The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions,
and the Ombudsman may be removed from office on impeachment
for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal
of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.
Section 3.
1. The House of Representatives shall have the exclusive
power to initiate all cases of impeachment.
2. A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen
upon a resolution or endorsement by any Member
thereof, which shall be included in the Order of Business
within ten session days, and referred to the proper
Committee within three session days thereafter. 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, together with the
corresponding resolution. The resolution shall be
calendared for consideration by the House within ten
session days from receipt thereof.
3. A vote of at least one-third 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. The vote of
each Member shall be recorded.
4. In case the verified complaint or resolution of
impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
5. No impeachment proceedings shall be initiated against the
same official more than once within a period of one year.
6. 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. When the
President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-
thirds of all the Members of the Senate.
7. 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, but
the party convicted shall nevertheless be liable and subject
to prosecution, trial, and punishment, according to law.
8. The Congress shall promulgate its rules on impeachment
to effectively carry out the purpose of this section.
Section 4. 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.
Section 5. There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military
establishment may likewise be appointed.
Section 6. The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be appointed by the
Ombudsman, according to the Civil Service Law.
Section 7. The existing Tanodbayan shall hereafter be known as the
Office of the Special Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be provided by law,
except those conferred on the Office of the Ombudsman created
under this Constitution.
Section 8. The Ombudsman and his Deputies shall be natural-born
citizens of the Philippines, and at the time of their appointment, at
least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates
for any elective office in the immediately preceding election. The
Ombudsman must have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section 2 of
Article 1X-A of this Constitution.
Section 9. The Ombudsman and his Deputies shall be appointed by
the President from a list of at least six nominees prepared by the
Judicial and Bar Council, and from a list of three nominees for every
vacancy thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three months after
they occur.
Section 10. The Ombudsman and his Deputies shall have the rank of
Chairman and Members, respectively, of the Constitutional
Commissions, and they shall receive the same salary which shall not
be decreased during their term of office.
Section 11. The Ombudsman and his Deputies shall serve for a term
of seven years without reappointment. They shall not be qualified to
run for any office in the election immediately succeeding their
cessation from office.
Section 12. The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner
against public officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in
appropriate cases, notify the complainants of the action taken and
the result thereof.
Section 13. The Office of the Ombudsman shall have the following
powers, functions, and duties:
1. Investigate on its own, or on complaint by any person, any
act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
2. Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any
subdivision, agency or instrumentality thereof, as well as
of any government-owned or controlled corporation with
original charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any abuse
or impropriety in the performance of duties.
3. Direct the officer concerned to take appropriate action
against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance
therewith.
4. Direct the officer concerned, in any appropriate case, and
subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action.
5. Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
records and documents.
6. Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
7. Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the Government
and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise such other
powers or perform such functions or duties as may be
provided by law.
Section 14. The Office of the Ombudsman shall enjoy fiscal
autonomy. Its approved annual appropriations shall be
automatically and regularly released.
Section 15. 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.
Section 16. No loan, guaranty, or other form of financial
accommodation for any business purpose may be granted, directly
or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the
Members of the Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to any firm or
entity in which they have controlling interest, during their tenure.
Section 17. A public officer or employee shall, upon assumption of
office and as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and net worth. In the
case of the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the
armed forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law.
Section 18. Public officers and employees owe the State and this
Constitution allegiance at all times and any public officer or
employee who seeks to change his citizenship or acquire the status
of an immigrant of another country during his tenure shall be dealt
with by law.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 1. The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained
increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding productivity
as the key to raising the quality of life for all, especially the
underprivileged.
The State shall promote industrialization and full employment based
on sound agricultural development and agrarian reform, through
industries that make full of efficient use of human and natural
resources, and which are competitive in both domestic and foreign
markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all
region s of the country shall be given optimum opportunity to
develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to broaden
the base of their ownership.
Section 2. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated.
The exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State. The State
may directly undertake such activities, or it may enter into co-
production, joint venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at least 60 per
centum of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and under such terms and
conditions as may provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than the
development of waterpower, beneficial use may be the measure
and limit of the grant.
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.
The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fish workers in rivers,
lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for
large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms
and conditions provided by law, based on real contributions to the
economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of
local scientific and technical resources.
The President shall notify the Congress of every contract entered
into in accordance with this provision, within thirty days from its
execution.
Section 3. Lands of the public domain are classified into agricultural,
forest or timber, mineral lands and national parks. Agricultural lands
of the public domain may be further classified by law according to
the uses to which they may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed
one thousand hectares in area. Citizens of the Philippines may lease
not more than five hundred hectares, or acquire not more than
twelve hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and
development, and subject to the requirements of agrarian reform,
the Congress shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or leased and the
conditions therefor.
Section 4. 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. Thereafter, such forest lands
and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide for such
period as it may determine, measures to prohibit logging in
endangered forests and watershed areas.
Section 5. The State, subject to the provisions of this Constitution
and national development policies and programs, 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.
Section 6. The use of property bears a social function, and all
economic agents shall contribute to the common good. Individuals
and private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to
promote distributive justice and to intervene when the common
good so demands.
Section 7. 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 the public
domain.
Section 8. Notwithstanding the provisions of Section 7 of this Article,
a natural-born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands, subject to
limitations provided by law.
Section 9. The Congress may establish an independent economic
and planning agency headed by the President, which shall, after
consultations with the appropriate public agencies, various private
sectors, and local government units, recommend to Congress, and
implement continuing integrated and coordinated programs and
policies for national development.
Until the Congress provides otherwise, the National Economic and
Development Authority shall function as the independent planning
agency of the government.
Section 10. The Congress shall, upon recommendation of the
economic and planning agency, when the national interest dictates,
reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by
such citizens, or such higher percentage as Congress may prescribe,
certain areas of investments. The Congress shall enact measures
that will encourage the formation and operation of enterprises
whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference to
qualified Filipinos.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance with
its national goals and priorities.
Section 11. 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 to corporations or
associations organized under the laws of the Philippines, at least
sixty per centum of whose capital is owned by such citizens; nor
shall such franchise, certificate, or authorization be exclusive in
character or for a longer period than fifty years. Neither shall any
such franchise or right be granted except under the condition that it
shall be subject to amendment, alteration, or repeal by the Congress
when the common good so requires. The State shall encourage
equity participation in public utilities by the general public. The
participation of foreign investors in the governing body of any public
utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such
corporation or association must be citizens of the Philippines.
Section 12. The State shall promote the preferential use of Filipino
labor, domestic materials and locally produced goods, and adopt
measures that help make them competitive.
Section 13. 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.
Section 14. The sustained development of a reservoir of national
talents consisting of Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower and skilled workers and
craftsmen in all fields shall be promoted by the State. The State shall
encourage appropriate technology and regulate its transfer for the
national benefit. The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in cases prescribed by law.
Section 15. The Congress shall create an agency to promote the
viability and growth of cooperatives as instruments for social justice
and economic development.
Section 16. The Congress shall not, except by general law, provide
for the formation, organization, or regulation of private
corporations. Government-owned or controlled corporations may
be created or established by special charters in the interest of the
common good and subject to the test of economic viability.
Section 17. In times of national emergency, when the 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.
Section 18. The State may, in the interest 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.
Section 19. 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.
Section 20. 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.
They shall also be subject to such other qualifications and disabilities
as may be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall have
supervision over the operations of banks and exercise such
regulatory powers as may be provided by law over the operations of
finance companies and other institutions performing similar
functions.
Until the Congress otherwise provides, the Central Bank of the
Philippines operating under existing laws, shall function as the
central monetary authority.
Section 21. 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.
Section 22. 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
Section 1. 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.
To this end, the State shall regulate the acquisition, ownership, use,
and disposition of property and its increments.
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of
initiative and self-reliance.
LABOR
Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work,
and a living wage. They shall also participate in policy and decision-
making processes affecting their rights and benefits as may be
provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial
peace.
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 returns to
investments, and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake an agrarian reform
program founded on the right of farmers and regular farmworkers
who are landless, to own directly or collectively the lands they till or,
in the case of other farmworkers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress may prescribe,
taking into account ecological, developmental, or equity
considerations, and subject to the payment of just compensation. In
determining retention limits, the State shall respect the right of
small landowners. The State shall further provide incentives for
voluntary land-sharing.
Section 5. The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives, and other
independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research,
and adequate financial, production, marketing, and other support
services.
Section 6. The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands
of the public domain under lease or concession suitable to
agriculture, subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities to their ancestral
lands. The State may resettle landless farmers and farmworkers in
its own agricultural estates which shall be distributed to them in the
manner provided by law.
Section 7. 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 and
offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial,
production, and marketing assistance, and other services. The State
shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just
share from their labor in the utilization of marine and fishing
resources.
Section 8. 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.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a continuing
program of urban land reform and housing which will make available
at affordable cost, decent housing and basic services to under-
privileged and homeless citizens in urban centers and resettlement
areas. It shall also promote adequate employment opportunities to
such citizens. In the implementation of such program the State shall
respect the rights of small property owners.
Section 10. Urban or rural poor dwellers shall not be evicted nor
their dwelling 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.
HEALTH
Section 11. The State shall adopt an integrated and comprehensive
approach to health development which 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
under-privileged, sick, elderly, disabled, women, and children. The
State shall endeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate health,
manpower development, and research, responsive to the country's
health needs and problems.
Section 13. The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and self-reliance,
and their integration into the mainstream of society.
WOMEN
Section 14. The State shall protect working women by providing safe
and healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance
their welfare and enable them to realize their full potential in the
service of the nation.
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
Section 15. The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the
democratic framework, 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.
Section 16. The right of the people and their organizations to
effective and reasonable participation at all levels of social, political,
and economic decision-making shall not be abridged. The State shall,
by law, facilitate the establishment of adequate consultation
mechanisms.
HUMAN RIGHTS
Section 17.
1. There is hereby created an independent office called the
Commission on Human Rights.
2. 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.
3. Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue to
exercise its present functions and powers.
4. The approved annual appropriations of the Commission
shall be automatically and regularly released.
Section 18. The Commission on Human Rights shall have the
following powers and functions:
1. Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and
political rights;
2. Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in accordance
with the Rules of Court;
3. Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as well
as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged
whose human rights have been violated or need
protection;
4. Exercise visitorial powers over jails, prisons, or detention
facilities;
5. Establish a continuing program of research, education, and
information to enhance respect for the primacy of human
rights;
6. Recommend to Congress effective measures to promote
human rights and to provide for compensation to victims
of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the
truth in any investigation conducted by it or under its
authority;
9. Request the assistance of any department, bureau, office,
or agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law;
and
11. Perform such other duties and functions as may be
provided by law.
Section 19. The Congress may provide for other cases of violations
of human rights that should fall within the authority of the
Commission, taking into account its recommendations.
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND
SPORTS
EDUCATION
Section 1. 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 to all.
Section 2. The State shall:
1. Establish, maintain, and support a complete, adequate,
and integrated system of education relevant to the needs
of the people and society;
2. Establish and maintain, a system of free public education
in the elementary and high school levels. Without limiting
the natural rights of parents to rear their children,
elementary education is compulsory for all children of
school age;
3. Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incentives
which shall be available to deserving students in both
public and private schools, especially to the under-
privileged;
4. Encourage non-formal, informal, and indigenous learning
systems, as well as self-learning, independent, and out-of-
school study programs particularly those that respond to
community needs; and
5. Provide adult citizens, the disabled, and out-of-school
youth with training in civics, vocational efficiency, and
other skills.
Section 3.
1. All educational institutions shall include the study of the
Constitution as part of the curricula.
2. They shall inculcate patriotism and nationalism, foster love
of humanity, respect for human rights, appreciation of the
role of national heroes in the historical development of
the country, teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and
creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
3. At the option expressed in writing by the parents or
guardians, religion shall be allowed to be taught to their
children or wards in public elementary and high schools
within the regular class hours by instructors designated or
approved by the religious authorities of the religion to
which the children or wards belong, without additional
cost to the Government.
Section 4.
1. 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.
2. Educational institutions, other than those established by
religious groups and mission boards, shall be owned solely
by citizens of the Philippines or corporations or
associations at least sixty per centum 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.
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. The provisions
of this sub section shall not apply to schools established
for foreign diplomatic personnel and their dependents
and, unless otherwise provided by law, for other foreign
temporary residents.
3. 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. Upon the dissolution or cessation of the
corporate existence of such institutions, their assets shall
be disposed of in the manner provided by law.
Proprietary educational institutions, including those
cooperatively owned, may likewise be entitled to such
exemptions, subject to the limitations provided by law,
including restrictions on dividends and provisions for
reinvestment.
4. 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.
Section 5.
1. the State shall take into account regional and sectoral
needs and conditions and shall encourage local planning in
the development of educational policies and programs.
2. Academic freedom shall be enjoyed in all institutions of
higher learning.
3. Every citizen has a right to select a profession or course of
study, subject to fair, reasonable, and equitable admission
and academic requirements.
4. The State shall enhance the right of teachers to
professional advancement. Non-teaching academic and
non-academic personnel shall enjoy the protection of the
State.
5. 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 through
adequate remuneration and other means of job
satisfaction and fulfillment.
LANGUAGE
Section 6. 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.
Subject to provisions of law and as the Congress may deem
appropriate, the Government shall take steps to initiate and sustain
the use of Filipino as a medium of official communication and as
language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the
official languages of the Philippines are Filipino and, until otherwise
provided by law, English.
The regional languages are the auxiliary official languages in the
regions and shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional
basis.
Section 8. This Constitution shall be promulgated in Filipino and
English and shall be translated into major regional languages, Arabic,
and Spanish.
Section 9. The Congress shall establish a national language
commission composed of representatives of various regions and
disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of
Filipino and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national
development and progress. The State shall give priority to research
and development, invention, innovation, and their utilization; and to
science and technology education, training, and services. It shall
support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country's
productive systems and national life.
Section 11. The Congress may provide for incentives, including tax
deductions, to encourage private participation in programs of basic
and applied scientific research. Scholarships, grants-in-aid, or other
forms of incentives shall be provided to deserving science students,
researchers, scientists, inventors, technologists, and specially gifted
citizens.
Section 12. The State shall regulate the transfer and promote the
adaptation of technology from all sources for the national benefit. It
shall encourage the widest participation of private groups, local
governments, and community-based organizations in the generation
and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive rights of
scientists, inventors, artists, and other gifted citizens to their
intellectual property and creations, particularly when beneficial to
the people, for such period as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and
dynamic evolution of a Filipino national culture based on the
principle of unity in diversity in a climate of free artistic and
intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State.
The State shall conserve, promote, and popularize the nation's
historical and cultural heritage and resources, as well as artistic
creations.
Section 16. All the country's artistic and historic wealth constitutes
the cultural treasure of the nation and shall be under the protection
of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights
of indigenous cultural communities to preserve and develop their
cultures, traditions, and institutions. It shall consider these rights in
the formulation of national plans and policies.
Section 18.
1. The State shall ensure equal access to cultural
opportunities through the educational system, public or
private cultural entities, scholarships, grants and other
incentives, and community cultural centers, and other
public venues.
2. The State shall encourage and support researches and
studies on the arts and culture.
SPORTS
Section 19.
1. The State shall promote physical education and encourage
sports programs, league competitions, and amateur
sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry.
2. All educational institutions shall undertake regular sports
activities throughout the country in cooperation with
athletic clubs and other sectors.
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino family as the foundation
of the nation. Accordingly, it shall strengthen its solidarity and
actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
Section 3. The State shall defend:
1. The right of spouses to found a family in accordance with
their religious convictions and the demands of responsible
parenthood;
2. The right of children to assistance, including proper care
and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development;
The right of the family to a family living wage and income;
and
3. The right of families or family associations to participate in
the planning and implementation of policies and programs
that affect them.
Section 4. The family has the duty to care for its elderly members
but the State may also do so through just programs of social
security.
ARTICLE XVI
GENERAL PROVISIONS
Section 1. 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.
Section 2. 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 law shall take effect only upon its ratification by the
people in a national referendum.
Section 3. The State may not be sued without its consent.
Section 4. 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. It shall keep a regular force necessary for
the security of the State.
Section 5.
1. All members of the armed forces shall take an oath or
affirmation to uphold and defend this Constitution.
2. The State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and respect for
people's rights in the performance of their duty.
3. Professionalism in the armed forces and adequate
remuneration and benefits of its members shall be a prime
concern of the State. 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.
4. 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
government-owned or controlled corporations or any of
their subsidiaries.
5. Laws on retirement of military officers shall not allow
extension of their service.
6. 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.
 7. The tour of duty of the Chief of Staff of the armed forces
shall not exceed three years. However, in times of war or
other national emergency declared by the Congress, the
President may extend such tour of duty.
Section 6. 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 national police commission. The
authority of local executives over the police units in their jurisdiction
shall be provided by law.
Section 7. The State shall provide immediate and adequate care,
benefits, and other forms of assistance to war veterans and veterans
of military campaigns, their surviving spouses and orphans. Funds
shall be provided therefor and due consideration shall be given
them in the disposition of agricultural lands of the public domain
and, in appropriate cases, in the utilization of natural resources.
Section 8. The State shall, from time to time, review to increase the
pensions and other benefits due to retirees of both the government
and the private sectors.
Section 9. The State shall protect consumers from trade
malpractices and from substandard or hazardous products.
Section 10. The State shall provide the policy environment for the
full development of Filipino capability and the emergence of
communication structures suitable to the needs and aspirations of
the nation and the balanced flow of information into, out of, and
across the country, in accordance with a policy that respects the
freedom of speech and of the press.
Section 11.
1. The ownership and 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.
The Congress shall regulate or prohibit monopolies in
commercial mass media when the public interest so
requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.
2. 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 seventy per centum of the capital of which is owned
by such citizens shall be allowed to engage in the
advertising industry.
The participation of foreign investors in the governing
body of entities in such industry shall be limited to their
proportionate share in the capital thereof, and all the
executive and managing officers of such entities must be
citizens of the Philippines.
Section 12. The Congress may create a consultative body to advise
the President on policies affecting indigenous cultural communities,
the majority of the members of which shall come from such
communities.
ARTICLE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this Constitution may
be proposed by:
1. The Congress, upon a vote of three-fourths of all its
Members; or
2. A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at least
twelve per centum of the total number of registered voters, of
which every legislative district must be represented by at least three
per centum of the registered voters therein. No amendment under
this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five
years thereafter.
The Congress shall provide for the implementation of the exercise of
this right.
Section 3. 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.
Section 4.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.
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.
ARTICLE XVIII
TRANSITORY PROVISIONS
Section 1. The first elections 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 the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan
Manila area.
Section 2. The Senators, Members of the House of Representatives,
and the local officials first elected under this Constitution shall serve
until noon of June 30, 1992.
Of the Senators elected in the elections in 1992, the first twelve
obtaining the highest number of votes shall serve for six years and
the remaining twelve for three years.
Section 3. 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.
Section 4. 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.
Section 5. The six-year term of the incumbent President and Vice-
President elected in the February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to noon of June 30,
1992.
The first regular elections for the President and Vice-President under
this Constitution shall be held on the second Monday of May, 1992.
Section 6. The incumbent President shall continue to exercise
legislative powers until the first Congress is convened.
Section 7. Until a law is passed, the President may fill by
appointment from a list of nominees by the respective sectors, the
seats reserved for sectoral representation in paragraph (2), Section 5
of Article V1 of this Constitution.
Section 8. Until otherwise provided by the Congress, the President
may constitute the Metropolitan Manila Authority to be composed
of the heads of all local government units comprising the
Metropolitan Manila area.
Section 9. A sub-province shall continue to exist and operate until it
is converted into a regular province or until its component
municipalities are reverted to the mother province.
Section 10. All courts existing at the time of the ratification of this
Constitution shall continue to exercise their jurisdiction, until
otherwise provided by law. The provisions of the existing Rules of
Court, judiciary acts, and procedural laws not inconsistent with this
Constitution shall remain operative unless amended or repealed by
the Supreme Court or the Congress.
Section 11. The incumbent Members of the Judiciary shall continue
in office until they reach the age of seventy years or become
incapacitated to discharge the duties of their office or are removed
for cause.
Section 12. The Supreme Court shall, within one year after the
ratification of this Constitution, adopt a systematic plan to expedite
the decision or resolution of cases or matters pending in the
Supreme Court or the lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for all special courts
and quasi-judicial bodies.
Section 13. The legal effect of the lapse, before the ratification of
this Constitution, of the applicable period for the decision or
resolution of the cases or matters submitted for adjudication by the
courts, shall be determined by the Supreme Court as soon as
practicable.
Section 14. The provisions of paragraphs (3) and (4), Section 15 of
Article VIII of this Constitution shall apply to cases or matters filed
before the ratification of this Constitution, when the applicable
period lapses after such ratification.
Section 15. The incumbent Members of the Civil Service
Commission, the Commission on Elections, and the Commission on
Audit shall continue in office for one year after the ratification of this
Constitution, unless they are sooner removed for cause or become
incapacitated to discharge the duties of their office or appointed to
a new term thereunder. In no case shall any Member serve longer
than seven years including service before the ratification of this
Constitution.
Section 16. Career civil service employees separated from the
service not for cause but as a result of the reorganization pursuant
to Proclamation No. 3 dated March 25, 1986 and the reorganization
following the ratification of this Constitution shall be entitled to
appropriate separation pay and to retirement and other benefits
accruing to them under the laws of general application in force at
the time of their separation. In lieu thereof, at the option of the
employees, they may be considered for employment in the
Government or in any of its subdivisions, instrumentalities, or
agencies, including government-owned or controlled corporations
and their subsidiaries. This provision also applies to career officers
whose resignation, tendered in line with the existing policy, had
been accepted.
Section 17. Until the Congress provides otherwise, the President
shall receive an annual salary of three hundred thousand pesos; the
Vice-President, the President of the Senate, the Speaker of the
House of Representatives, and the Chief Justice of the Supreme
Court, two hundred forty thousand pesos each; the Senators, the
Members of the House of Representatives, the Associate Justices of
the Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and the
Members of the Constitutional Commissions, one hundred eighty
thousand pesos each.
Section 18. At the earliest possible time, the Government shall
increase the salary scales of the other officials and employees of the
National Government.
Section 19. All properties, records, equipment, buildings, facilities,
and other assets of any office or body abolished or reorganized
under Proclamation No. 3 dated March 25, 1986 or this Constitution
shall be transferred to the office or body to which its powers,
functions, and responsibilities substantially pertain.
Section 20. The first Congress shall give priority to the determination
of the period for the full implementation of free public secondary
education.
Section 21. The Congress shall provide efficacious procedures and
adequate remedies for the reversion to the State of all lands of the
public domain and real rights connected therewith which were
acquired in violation of the Constitution or the public land laws, or
through corrupt practices. No transfer or disposition of such lands or Center, Quezon City, by the Commissioners whose signatures are
real rights shall be allowed until after the lapse of one year from the hereunder affixed.
ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall

expropriate idle or abandoned agricultural lands as may be defined
by law, for distribution to the beneficiaries of the agrarian reform
program.

Section 23. Advertising entities affected by paragraph (2), Section 11

of Article XV1 of this Constitution shall have five years from its
ratification to comply on a graduated and proportionate basis with
the minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized
by duly constituted authority shall be dismantled. All paramilitary
forces including Civilian Home Defense Forces not consistent with
the citizen armed force established in this Constitution, shall be
dissolved or, where appropriate, converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement between

the Republic of 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, when the Congress so requires,
ratified by a majority of the votes cast by the people in a national
referendum held for that purpose, and recognized as a treaty by the
other contracting State.

Section 26. The authority to issue sequestration or freeze orders

under Proclamation No. 3 dated March 25, 1986 in relation to the
recovery of ill-gotten wealth shall remain operative for not more
than eighteen months after the ratification of this Constitution.
However, in the national interest, as certified by the President, the
Congress may extend such period.

A sequestration or freeze order shall be issued only upon showing of

a prima facie case. The order and the list of the sequestered or
frozen properties shall forthwith be registered with the proper
court. For orders issued before the ratification of this Constitution,
the corresponding judicial action or proceeding shall be filed within
six months from its ratification. For those issued after such
ratification, the judicial action or proceeding shall be commenced
within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if

no judicial action or proceeding is commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its
ratification by a majority of the votes cast in a plebiscite held for the
purpose and shall supersede all previous Constitutions.

The foregoing proposed Constitution of the Republic of the

Philippines was approved by the Constitutional Commission of 1986
on the twelfth day of October, Nineteen hundred and eighty-six, and
accordingly signed on the fifteenth day of October, Nineteen
hundred and eighty-six at the Plenary Hall, National Government
REVIEWER
ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
1. Terrestrial
2. Fluvial; and CODE: TFA
3. Aerial domains
5. Including its
1. Territorial sea
2. The seabed
3. The subsoil CODE: TSSIO
4. The insular shelves; and
5. The other submarine areas
6. The waters
1. Around
2. Between and
3. Connecting
4. The islands of the archipelago CODE: ABCI

Regardless of their breadth and dimensions

Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago

An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with islands which is delineated in
the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930).

Definition of “all other territories over which the Philippines has sovereignty or jurisdiction”

It includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes
of acquiring territory.

Archipelagic principle

Two elements:

1. The definition of internal waters (as provided above);

2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting appropriate points on the
coast without departing to any appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)

2. Contiguous zone - 12 n.m. from the edge of the territorial sea

3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from
them.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT)

Definition of “People” CODE: CNCH

1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.

Definition of “Sovereignty”
LEGAL sovereignty
1. The supreme power to make law.
2. It is lodged in the people.

POLITICAL sovereignty
1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.

According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.

Definition of “Government”
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.
Classification of governments
1. De jure – one established by the authority of the legitimate sovereign
2. De facto – one established in defiance of the legitimate sovereign

Classification of de facto governments

1. De facto proper
1. That government that gets possession and control of
2. or usurps by force or by the voice of majority
3. the rightful legal government
4. and maintains itself against the will of the latter.

Government of paramount force

1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
3. in the course of war.

That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.

Definition of “Republican State”

It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum.

Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not renounce defensive war.
Some “generally accepted principles of international law” recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country
will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter of executive discretion.

Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

Civilian authority/supremacy clause (1st sentence)

1. Civilian authority simply means the supremacy of the law because authority, under our constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)

1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore
ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

Sec 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State
and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service.

Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
Selected state policies
Sec. 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-determination.
Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
1. The possession, control and manufacture of nuclear weapons
2. Nuclear arms tests.
1. The policy does NOT prohibit the peaceful uses of nuclear energy.

Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of the unborn from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Hence, when it is necessary to save
the life of the mother, the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines
because the life of the unborn is protected from the time of conception.

Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony
of nature.
1. While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of
Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (Oposa v.
Factoran)
Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and
corruption.
Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
 ARTICLE III – BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal
protection of the laws.

Definition of “Police Power”:

1) Power vested in the legislature
2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable laws, statutes, and ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Aspects of “Due Process”:
1. Procedural due process – refers to the mode of procedure which government agencies must follow in the enforcement and application of
laws.
2. Substantive due process – prohibition against arbitrary laws.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J N O H
1. A court or tribunal clothed with judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties
affected.
6. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision.
7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know
the various issues involved and the reasons for the decision rendered.

For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P

1. The student must be informed in writing of the nature and cause of any accusation against them.
2. The student shall have the right to answer the charges against him, with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide
the case.
6. The penalty imposed must be proportionate to the offense.

Instances when hearings are NOT necessary:

1. When administrative agencies are exercising their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the BIR Commissioner.
7. Cancellation of the passport of a person charged with a crime.
8. Issuance of sequestration orders (considered a provisional remedy).
9. Judicial order which prevents an accused from travelling abroad in order to maintain the effectivity of the court’s jurisdiction.
10. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank.

Requisites of SUBSTANTIVE due process: CODE: I M

1. The INTERESTS of the public generally, as distinguished from those of a particular class, requires the interference by the government and
2. The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any statute
 2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
When is a law VAGUE?
1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must necessarily GUESS as to its meaning
3. And differ as to its application
Equal Protection of the law

The equality that it guarantees is legal equality or the equality of all persons before the law. It does not demand absolute equality. It merely
requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced.

Requisites for valid classification for purposes of the equal protection clause
The classification must: CODE: SGEE
1. Rest on SUBSTANTIAL DISTINCTIONS
2. Be GERMANE to the purposes of the law
3. Not limited to existing conditions only
4. APPLY EQUALLY to all members of the SAME CLASS.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the person or things to be seized.

General Rule: Search and seizures are unreasonable unless authorized by a validly issued search warrant or warrant of arrest

Requisites for a valid warrant: CODE: P J E D

1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized.
Definition of “PROBABLE CAUSE”
For the issuance of a warrant of arrest:

Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.

For the issuance of a search warrant:

Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has
been committed and that the objects sought in connection with the offense are in the place to be searched.

Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”

To be sure, the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary (Lim v. Felix).

Procedure:
1. The judge personally evaluates the report and supporting documents submitted by the fiscal regarding the existence of probable cause
and, on the basis thereof, issue a warrant of arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting
affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause.

Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES”

1. The oath required must refer to the truth of the facts within the personal knowledge of the complainant or his witnesses because the
purpose is to convince the judge of the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that
perjury could be charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to be seized when the description therein is as specific as the
circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact – not of law – by which the warrant officer may be guided in making the search and
seizure or
3. When the things described are limited to those which bear a direct relation to the offensefor which the warrant is being issued (Bache
and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to
identify the accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT

A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of
the warrant. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described.

VALID WARRANTLESS SEARCH

Search made as an incident to lawful arrest
An officer making an arrest may take from the person arrested:
1. Any money or property found upon his person which was used in the commission of the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of committing violence or escaping or
4. Which may be used in evidence in the trial of the case

Waiver of right
Requisites of a valid waiver:
1. The right exists.
2. The person had actual or constructive knowledge of the existence of such right.
3. There is an actual intention to relinquish such right.
4. The right against unreasonable searches and seizures is a personal right. Thus, only the person being searched can waive the same.
5. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver.
6. The search made pursuant to the waiver must be made within the scope of the waiver.

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed, is actually committing, or is about to commit an offense in the presence of the arresting
officer.
2. When an offense has in fact just been committed and the arresting officer has personal knowledge of facts indicating that the person to
be arrested has committed it.
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
4. Waiver of an invalid arrest: When a person who is detained applies for bail, he is deemed to have waived any irregularity which may
have occurred in relation to his arrest.
5. Hot pursuit
- The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of
the arrest.
- There must be no supervening event which breaks the continuity of the chase.
6. Stop and frisk
- When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed, he can investigate the
suspicious looking person and may frisk him for weapons as a measure of self-protection. Should he find, however, a weapon on the
suspect which is unlicensed, he can arrest such person then and there for having committed an offense in the officer’s presence.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceedings.

R.A. 4200 (Anti-Wiretapping Act)

1. The law does not distinguish between a party to the private communication or a third person. Hence, both a party and a third person
could be held liable under R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)
1. The use of a telephone extension to overhear a private conversation is not a violation of R.A. 4200 because it is not similar to any of the
prohibited devices under the law. Also, a telephone extension is not purposely installed for the purpose of secretly intercepting or
recording private communication. (Gaanan v. IAC, 145 SCRA 112)

Types of communication protected:

Letters, messages, telephone calls, telegrams and the like.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to
assemble and petition the government for redress of grievances.

What are considered protected speech:

Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It includes motion pictures as well as what is
known as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful picketing has also been included within the
meaning of speech.

Prohibitions under Section 4

1. Prohibition against PRIOR RESTRAINT
2. Prohibition against SUBSEQUENT PUNISHMENT
Prohibition against prior restraint
1. Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or
dissemination.
2. Examples/forms of prior restraint
When prohibition does not apply
1. During a war. Ex. Government can prevent publication about the number/locations of its troops (Near v. Minnesota, 238 US 697)
2. Obscene publications.
Standards for allowable subsequent punishment
TEST CRITERION

1. Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehended.

2. Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of
such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent.

3. Balancing of Interests Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM
OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed.

Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of “core” speech, i.e. speech which communicates political, social
or religious ideas. These enjoy the same degree of protection. Commercial speech, however, does not.

Commercial Speech

1. A communication which no more than proposes a commercial transaction.

2. To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal transaction.

Unprotected Speech
1. LIBEL
FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not considered actionable, even if the words used are
neither mild nor temperate. What is important is that the opinion is the true and honest opinion of the person. The statements are not
used to attack personalities but to give one’s opinion on decisions and actions.
OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event), opinions can be
aired regarding their public actuations. Comment on their private lives, if not germane to their public personae, are not protected.

2. OBSCENITY
Test for obscenity (Miller v. California)
- Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the
prurient interest.
- Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined by law.
- Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Procedure for seizure of allegedly obscene publications

Authorities must apply for issuance of search warrant.
Court must be convinced that the materials are obscene. Apply clear and present danger test.
Judge will determine whether they are in fact “obscene”.
 Judge will issue a search warrant.
Proper action should be filed under Art. 201 of the RPC.
Conviction is subject to appeal.

Right of Assembly and Petition

- The standards for allowable impairment of speech and press also apply to the right of assembly and petition.
Rules on assembly in public places:
Applicant should inform the licensing authority of the date, the public place where and the time when the assembly will take place.
- The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid objections to
the grant of the permit or to its grant, but in another public place. The grant or refusal should be based on the application of the Clear
and Present Danger Test.
- If the public authority is of the view that there is an imminent and grave danger of a substantive evil, the applicants must be heard on
the matter.
- The decision of the public authority, whether favorable or adverse, must be transmitted to the applicants at the earliest opportunity
so that they may, if they so desire, have recourse to the proper judicial authority.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.

Clauses under Section 5

1. Non-establishment clause
2. Free exercise of Religion

Requisites for government aid to be allowable:

1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
3. It must not require excessive entanglement with recipient institutions.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of
the court. Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as may be
provided by law.

Rights guaranteed under Section 6:

1. Freedom to choose and change one’s place of abode.
2. Freedom to travel within the country and outside.
Curtailment of rights:
RIGHT MANNER OF CURTAILMENT

1. Liberty of abode Lawful order of the court and within the limits prescribed by law.

2. Right to travel May be curtailed even by administrative officers (ex. passport officers) in the interest of national security, public
safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized.

Rights guaranteed under Section 7

1. Right to information on matters of public concern
2. Right of access to official records and documents

Discretion of government

The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the
manner of access to them.

Recognized restrictions on the right of the people to information:

1. National security matters
2. Intelligence information
3. Trade secrets
 4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for
purposes not contrary to law, shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.
Who can exercise the power of eminent domain:
1) The national governmenta.
a. Congress
b. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.

Elements of the power of eminent domain

1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
“TAKING”

A. Elements: CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property.

B. Compensable taking does not need to involve all the property interests which form part of the right of ownership. When one or more of the
property rights are appropriated and applied to a public purpose, there is already a compensable taking, even if bare title still remains with the
owner.

Judicial review of the exercise of the power of eminent domain

1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the “public use” character of the taking. However, if the expropriation is pursuant to a specific law passed by Congress, the
courts cannot question the public use character of the taking.

When municipal property is taken by the State:

Compensation is required if the property is a patrimonial property, that is, property acquired by the municipality with its private funds in its
corporate or private capacity. However, if it is any other property such a public buildings or legua comunal held by the municipality for the State in
trust for the inhabitants, the State is free to dispose of it at will.

Point of reference for valuating a piece of property:

General rule: The value must be that as of the time of the filing of the complaint for expropriation.

Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the
use to which the expropriator has put it, the value is that of the time of the earlier taking. BUT if the value increased independently of what the
expropriator did, then the value is that of the latter filing of the case.

Section 10. No law impairing the obligation of contracts shall be passed.

When does a law impair the obligation of contracts:
1) If it changes the terms and conditions of a legal contract either as to the time or mode of performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.

Section 12. Rights of person under investigation for the commission of an offense.
Rights of person under investigation for the Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to provided with the services of counsel if he cannot afford the services of one.
4) Right to be informed of these rights.

When rights are available:

1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI) with respect to a criminal offense.
4) Signing of arrest reports and booking sheets.

When rights are not available:

1) During a police line-up. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation.
4) Statements made to a private person.

Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible.

Requisites of valid waiver:

1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.

Section 13. Right to bail

Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.

Who are not entitled to bail:

1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3) Persons who are members of the AFP facing a court martial.

Other rights in relation to bail.

1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended.
2) Excessive bail shall not be required.

Factors considered in setting the amount of bail:

1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases

Implicit limitations on the right to bail:

1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.

Section 14. Rights of an accused

Rights of a person charged with a criminal offense
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf
“DUE PROCESS”

This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of
criminal procedure.

“PRESUMPTION OF INNOCENCE”

The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided
that the facts proved have a reasonable connection to the ultimate fact presumed.

Presumption of guilt should not be conclusive.

“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”

The right to be heard includes the following rights:
1. Right to be present at the trial
2. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence.
3. After arraignment, trial may proceed notwithstanding absence of accused, provided 2 requisites are met. Note, that trial in
absentia is allowed only if the accused has been validly arraigned.

Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him a reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses

“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM”

Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable him to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the same cause
3) To inform the court of the facts alleged.
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”
Factors used in determining whether the right to a speedy trial has been violated.
1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the right of the accuses to a speedy trial

If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy. This would be the effect even if the dismissal
was made with the consent of the accused

Remedy of the accused if his right to speedy trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas corpus.

Definition of impartial trial

The accused is entitled to the “cold neutrality of an impartial judge”.
It is an element of due process.

Definition of public trial

The attendance at the trial is open to all irrespective of their relationship to the accused. However, if the evidence to be adduced is “offensive to
decency or public morals”, the public may be excluded.

The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays, either with the consent of the accused or if
failed to object thereto.
“RIGHT TO MEET WITNESS FACE TO FACE”
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the witness
Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution, the testimony of the
witness should be excluded.

When the right to cross-examine is demandable

It is demandable only during trials. Thus, it cannot be availed of during preliminary investigations.

Principal exceptions to the right of confrontation

1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Distinction between Section 14 and Section 16

While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy disposition of cases covers ALL phases of
JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE proceedings.

Section 17. No person shall be compelled to be a witness against himself.

When is a question incriminating:

A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of
evidence to prove the commission of a crime by the accused or the witness.

Distinction between an accused and an ordinary witness

1. An accused can refuse to take the witness stand by invoking the right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific questions which would incriminate him in the
commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witness or to otherwise elicit evidence
which would not exist were it not for the actions compelled from the witness.
2. The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with respect to his body as physical
evidence. Hence, the fingerprinting of an accused would not violate the right against self-incrimination. However, obtaining a sample of
the handwriting of the accused would violate this right if he is charged for falsification.
3. The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. However, a third
person in custody of the document may be compelled to produce it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the
charter granted to them.

Section 18. Right against involuntary servitude

Definition of involuntary servitude

It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised.

Exceptions:
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the President
Section 19. Prohibition against cruel, degrading and inhuman punishment
When is a penalty “cruel, degrading and inhuman”?
1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being drawn and quartered.
2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred and feathered, then paraded throughout town.
Standards used:
1. The punishment must not be so severe as to be degrading to the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment
is cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Definition of debt under Section 20

1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any liability to pay money. Thus, all other types of
obligations are not within the scope of this prohibition.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment because his liability is ex delicto and
not ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
1) First jeopardy must have attached prior to the second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same offense as that in the first.

When does jeopardy ATTACH: (1st requisite) CODE: CICAV

1) A person is charged
2) Under a complaint or information sufficient in form and substance to sustain a conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.

When does jeopardy NOT attach:

1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents evidence of complete self-defense, and the court thereafter acquits him without entering a new
plea of not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary investigation is dismissed.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.

Examples of termination of jeopardy:

1) Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits.
3) Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the accused.
4) Discharge of an accused to be a state witness. This amounts to an acquittal.

When can the PROSECUTION appeal from an order of dismissal:

1) If dismissal is on motion of the accused. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence.
2) If dismissal does NOT amount to an acquittal or dismissal on the merits
3) If the question to be passed upon is purely legal.
4) If the dismissal violates the right of due process of the prosecution.
5) If the dismissal was made with grave abuse of discretion.
What are considered to be the “SAME OFFENSE”: (under the 1st sentence of Section 21)
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.

SUPERVENING FACTS

1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged
in the former information where:

1. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge.
2. The facts constituting the graver offense became known or were discovered only after the filing of the former information.
3. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party.

2) Under (1)(b), if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence,
it would not be considered a supervening event.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Definition of ex-post facto law.

1) One which makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in
order to convict the accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or deprivation of a right, which, when done,
was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a
former conviction or acquittal, or a proclamation of amnesty.

Definition of BILL OF ATTAINDER

1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be directed at a specifically named person. It may also refer to easily ascertainable members of a group
in such a way as to inflict punishment on them without judicial trial.
3) Elements of the bill of attainder
1. There must be a LAW.
2. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

ARTICLE IV – CITIZENSHIP
Who are citizens of the Philippines?
1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1) Jus Soli – acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen.

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child would have to elect Filipino citizenship
upon reaching the age of majority. Under the 1973 Constitution, however, children born of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935
Constitution. In order for the children to elect Filipino citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your
mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect Filipino
citizenship upon reaching the age of majority.

Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.

How may one lose citizenship:

1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one’s country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation

ARTICLE V – SUFFRAGE
Qualifications: CODE: CD18RR
1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election.

Residency requirement

Residency, under Article V has 2 senses:

1. DOMICILE – This is in reference to the 1 year residency requirement in the Philippines.

2. TEMPORARY RESIDENCE – This is in reference to the 6 month residency requirement in the place where one wants to vote. In this case,
residence can either mean domicile or temporary residence.

Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.
3) Insane or feeble-minded persons.

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

Sec. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)

1. Original – Possessed by the people in their sovereign capacity

2. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws

Limits on the legislative power of Congress:

1. Substantive – limitations on the content of laws. E.g. no law shall be passed establishing a state religion.
2. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days.
Corollaries of legislative power:

1. Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and limited only by the Constitution, any attempt to limit
the powers of future Congresses via an irrepealable law is not allowed.
2. Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated legislative power to Congress,
the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION. This involves either of two tasks for the
administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation.

Sections 2-4. SENATE

Composition

24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications

1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.

Term of Office:

6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.

Term Limitations:

1. No Senator shall serve for more than 2 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.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:

1. Not more than 25 members, unless otherwise fixed by law; and

2. Party-list Representative

Election of 250 members

1. They shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and
progressive ratio.

a. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
b. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
 c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. According to Jack, however, while
the apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this.
e. The standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’, which is the formation
of a legislative district out of separate territories so as to favor a particular candidate or party.

Qualifications

1. Natural born citizen of the Philippines;

2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the day of the election.

Term of Office

1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at
noon on 30 June next following their election.
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

No member of the House of Representatives shall serve for more than three (3) consecutive terms.

Distinctions between Term and Tenure

Definition

1. Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof.
2. Tenure is the actual period during which such officer actually holds his position.

Limitation/Possible Reduction

1. Term CANNOT be reduced.

2. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated when the holder
thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects
the officers tenure and NOT his constitutional term.

Party-List Representatives

1. Constitute 20% of the total number of representatives, including those under the party-list system (thus a maximum of 50 party-list
members of the House)
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise
provides.

Mechanics of the party-list system:

1. Registered organizations submit a list of candidates in order of priority.

2. During the elections, these organizations are voted for at large.
3. The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they
get.

Qualifications

1. Natural born citizen of the Philippines

2. At least 25 years of age on the day of the election
3. Able to read and write
Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Sec. 10. Salaries of Senators and Members of the House

Determination of Salaries:

Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE
AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.

Sec. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:

1. Legislators are privileged from arrest while Congress is “in session” with respect to offenses punishable by up to 6 years of
imprisonment. Thus, whether Congress is in regular or special session, the immunity from arrest applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

2.) Legislative privilege:

No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in
the Congress or in any Committee thereof.

Limitation on the privilege:

(i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member
may be sanctioned by either the Senate or the House as the case may be.

(ii) The ‘speech or debate’ must be made in performance of their duties as members of Congress. This includes speeches delivered,
statements made, votes cast, as well as bills introduced, and other activities done in performance of their official duties.

(iii) Congress need NOT be in session when the utterance is made, as long as it forms part of ‘legislative action,’ i.e. part of the deliberative
and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters
with Congress’ jurisdiction.

Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial
and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.

Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House cannot hold any

other office or employment in the Government or
any subdivision, agency or Instrumentality thereof,
including GOCCS or their subsidiaries. During his term. If he does so, he forfeits his seat.

IF the office was created or the emoluments thereof

2. Legislators cannot be appointed to any office. increased during the term for which he was elected.
3. Legislators cannot personally appear as counsel
before any court of justice, electoral tribunal, quasi-
judicial and administrative bodies. During his term of office.

4. Legislators cannot be financially interested directly

or indirectly in any contract with or in any franchise, or
special privilege granted by the Government, or any
subdivision, agency or instrumentality thereof,
including any GOCC or its subsidiary. During his term of office.

5. Legislators cannot intervene in any matter before When it is for his pecuniary benefit or where he may
any office of the government. be called upon to act on account of his office.

Sec. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:

1.) Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law)
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and
legal holidays.
Special Sessions:

Called by the President at any time when Congress is not in session.

Sec. 16. Officers:

1.) Senate President;

2.) Speaker of the House; and

3.) Each House may choose such other officers as it may deem necessary.

Quorum to do business:

1. Majority of each House shall constitute a quorum.

2. A smaller number may adjourn from day to day and may compel the attendance of absent members.
3. In computing a quorum, members who are outside the country and thus outside of each House’s coercive jurisdiction are not included.

Internal Rules:

1. Each House shall determine its own procedural rules.

2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot
intervene in the implementation of these rules insofar as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion- Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where
the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the
provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:

1. 3 Supreme Court Justices to be designated by the Chief Justice; &

2. 6 Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.

Jurisdiction:

1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This
includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner.
2.) An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed
winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel its own members or
even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ET’s are independent constitutional bodies, independent even of the House from which the members are respectively taken,
neither Congress nor the Courts may interfere with procedural matters relating to the functions of the ET’s, such as the setting of
deadlines or filing their election contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which
they represent. Neither may they be removed for not voting according to party lines, since they are acting independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to
the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution
is quite clear that the ET must act with both members from the SC and from the Senate or the House. If all the legislator-members of the
ET were to be disqualified, the ET would not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in
excess of jurisdiction or with grave abuse of discretion constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.) Senate President as ex-officio chairman;

2.) 12 Senators; and
3.) 12 Members of the House.

Voting/Action

1.) The chairman shall only vote in case of a tie.

2.) The CA shall act on all appointments within 30 session days from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction

1.) CA shall confirm the appointments by the President with respect to the following positions:

a. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the
CA.

3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until
disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA

1.) CA meets only while Congress is in session.

2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well
as that of the judiciary.

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:

1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. In fact, investigation may be
needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer ‘in aid of
legislation’ but ‘in aid of prosecution’. This violates the principle of separation of powers and is beyond the scope of congressional
powers.

Enforcement:

1. Since experience has shown that mere requests for information does not usually work, Congress has the inherent power to punish
recalcitrant witnesses for contempt, and may have them incarcerated until such time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body ceases to exist after its final
adjournment, the power to incarcerate ceases to exist as well. Thus, each ‘Congress’ of the House lasts for only 3 years. But if one is
incarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is a continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within the scope of Congress’
powers. i.e. it is in aid of legislation.
4. The materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general
scope of the inquiry.
5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised by local government units
unless they are expressly authorized to do so.

Limitations:

1. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry; and
2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislative department, under the principle of separations of
powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their
appearance upon Congress.
2. Department heads may appear before Congress in the following instances.
3. Upon their own initiative, with the consent of the President (and that of the House concerned); or
4. Upon the request of either House (which cannot compel them to attend)
5. The appearance will be conducted in EXECUTIVE SESSION when:
6. Required by the security of state or required by public interest; and
7. When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session

2. Voting separately

Emergency powers:

1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to exercise powers necessary and
proper to carry out a declared national policy.
2. Limitations:
 a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress
3. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24)

CODE: A R T Pu Lo P

1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

Appropriation bills

1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury.
2. Thus, a bill enacting the budget is an appropriations bill.

Revenue Bill

1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.
2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory Board law imposing a tax on
video rentals does not make the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided
that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version.

Limitations:

1. For appropriation bills:

2. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the
budget.
3. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any
such provision or enactment must be limited in its operation to the appropriation to which it relates.
4. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other
departments and agencies.
5. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as
certified by the National Treasurer or to be raised by a corresponding revenue proposal therein.
6. Transfer of appropriations:

Rule: No law shall be passed authorizing any transfer of appropriations

7. BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices from
savings in other items of their respective appropriations
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions
1. Discretionary funds appropriated for particular officials shall be:
a. Disbursed only for public purposes;
b. Should be supported by appropriate vouchers; and
c. Subject to guidelines as may be prescribed by law.
 2. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

i. The GAB for the previous year is deemed re-enacted

ii. It will remain in full force and effect until the GAB is passed by Congress.

1. For law granting tax exemption

2. For bills in general
3. Every bill shall embrace only one (1) subject, as expressed in the title thereof

i. As a mandatory requirement

ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title expresses the general subject of
the bill and all the provisions of the statute are germane to that general subject.

iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter. Thus, a repealing clause
in the bill is considered germane to the subject matter of the bill.

1. Readings

1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members
three (3) days before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or
emergency, the 3 readings can be held on the same day.
4. First reading – only the title is read; the bill is passed to the proper committee

Second reading – Entire text is read and debates are held, and amendments introduced.

Third reading – only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the
journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.
2. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it
originated. The House shall enter the objections in the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall
become a law as if he signed it.
4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overriden and
becomes a law without need of presidential approval.

- Item veto
- The President may veto particular items in an appropriation, revenue or tariff bill.
- This veto will not affect items to which he does not object.

Definition of item

TYPE OF BILL ITEM

1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon

2. Appropriations bill Indivisible sum dedicated to a stated purpose

1. Veto of RIDER

a. A rider is a provision which does not relate to a particular appropriation stated in the bill.
b. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and concurrence.
2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power exists for the general welfare
5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the Government
2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and
restrictions as it may impose.

Constitutional tax exemptions:

1) The following properties are exempt from REAL PROPERTY taxes

(CODE: Cha Chu M- CA)

a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes.

2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such
revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax.
This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.
a. This places the control of public funds in the hands of Congress.
2) Limitations.
a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly or indirectly, in favor of
(i) Any sect, church, denomination, or sectarian institution or system of religion or
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
- the Armed Forces; or
- any penal institution; or
- government orphanage; or
- leprosarium

c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g.
appropriations for a national police force is valid even if the police also protects the safety of clergymen.

d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered voters
c) Petition should be registered
ARTICLE VII. THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER

Scope:
1) Executive power is vested in the President of the Philippines.
2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v.
Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in
the Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office.
3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when
he himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by law.

Section 2. QUALIFICATIONS

1) Natural-born citizen of the Philippines

2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the President. He is elected with & in the same manner as the President.
He may be removed from office in the same manner as the President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election

1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall be forwarded to Congress,
directed to the Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both houses of Congress,
assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both Houses, voting separately.
In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the
President or Vice-President and may promulgate its rules for the purpose.

Term of Office

1) President
a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at
any time.

2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of service for the full term for which the
Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1) Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.
3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved.
4) Prohibited from receiving any other emolument from the government or any other source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSOR

VP-elect will be Acting President until someone is

President-elect fails to qualify or to be chosen qualified/chosen as President.

President-elect dies or is permanently disabled. VP becomes President.

1. Senate President or
2. In case of his inability, the Speaker of the
House shall act as President until a President
or a VP shall have been chosen and qualified.

Both President and VP-elect are not chosen or do not In case of death or disability of (1) and (2), Congress
qualify or both die, or both become permanently shall determine, by law, who will be the acting
disabled. President.

2. Vacancies after the office is initially filled:

VACANCY SUCCESSOR

President dies, is permanently disabled, is impeached, Vice-President becomes President for the unexpired
or resigns. term.

1. Senate President or
2. In case of his inability, the Speaker of the
House shall act as President until the
President or VP shall have been elected and
Both President and Vice-President die, become qualif
permanently disabled, are impeached, or resign.

3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately. (Nominee forfeits seat in
Congress)

4) Election of President and Vice-President after vacancy during tem

a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of
Congress cannot be suspended.
b) Within 7 days after convening, Congress shall enact a law calling for a special election to elect a President and a VP. The special election
cannot be postponed.
c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law.
d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in either of two ways:
a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-
President will be Acting President until the President transmits a written declaration to the contrary.
b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration.
(i) The VP will immediately be Acting President.
(ii) BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position.
(iii) If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress
shall decide the issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call.
(iv) Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting
separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President.

6) Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access
to the President

Section 13. DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATION

Prohibited from:

1. Holding any office or employment during their tenure,

UNLESS:

a. otherwise provided in the Constitution (e.g. VP can be

appointed a Cabinet Member, Sec. of Justice sits on Judicial
and Bar Council); or
b. the positions are ex-officio and they do not receive any
salary or other emoluments therefor (e.g. Sec. of Finance is
head of Monetary Board).

2. Practicing, directly or indirectly, any other profession during

their tenure;

3. Participating in any business;

4. Being financially interested in any contract with, or in any

franchise, or special privilege granted by the government or
any subdivision, agency or instrumentality thereof,
including GOCC’s or their subsidiaries.

President, Vice-President, Cabinet N.B. The rule on disqualifications for the President and his Cabinet
Members, Deputies or Assistants of are stricter than the normal rules applicable to appointive and
Cabinet Members elective officers under Art. IX-B, Sec. 7.

Cannot be appointed during President’s tenure as:

Spouses and 4th degree relatives of the

President (consanguinity or affinity)
 1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices including GOCC’s
and their subsidiaries.

N.B.

1. If the spouse, etc., was already in any of the above offices

at the time before his/her spouse became President,
he/she may continue in office. What is prohibited is
appointment and reappointment, NOT continuation in
office.
2. Spouses, etc., can be appointed to the judiciary and as
ambassadors and consuls.

Sections 14-16. POWER TO APPOINT

Principles:
1) Since the power to appoint is executive in nature, Congress cannot usurp this function.
2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices, the determination of who among
those who are qualified will be appointed is the President’s prerogative.
Scope:
The President shall appoint the following:
1) Heads of executive departments (CA confirmation needed):
2) Ambassadors, other public ministers, and consuls (CA confirmation needed).
3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
4) Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as:
a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.
 N.B. President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA
confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint.
a) This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the
Constitution.
b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of
departments, agencies, boards or commissions.
c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987
Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor).
d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not
vest the CA with jurisdiction. The President cannot extend the scope of the CA’s power as provided for in the Constitution.
Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can withdraw the nomination/appointment.

2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.
2) These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of
Congress.
3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office.

Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his term, the President or Acting President SHALL NOT make
appointments. This is to prevent the practice of ‘midnight appointments.”
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.

Section 17. Power of Control and Supervision

Power of Control:

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the
judgment of the officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices.

The President’s power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by
statute.

Qualified Political Agency:

1) Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of such departments, etc. are
assistants and agents of the President.
2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in the regular course of business, are
presumptively the acts of the President.
3) Exception: If the acts are disapproved or reprobated by the President.
4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in order to comply with the
requirement of exhaustion of administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in person by law or by the Constitution. Example: The power to
grant pardons must be exercised personally by the President.

Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the power control.
2) BUT While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as
Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office.

Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.
2) The power of the president over local government units is only of general supervision. Thus, he can only interfere with the actions of their
executive heads if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.
4) The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;
 Grounds

1. Invasion or
2. Rebellion; and
3. Public safety requires it.

The invasion or rebellion must be ACTUAL and not merely imminent.

Limitations:

1. Suspension or proclamation is effective for only 60 days.

2. Within 48 hours from the declaration or suspension, the President must submit a report to Congress.
3. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation.
4. In the same manner, at the President’s initiative, Congress can extend the same for a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.

NOTE: Congress CANNOT extend the period motu propio.

Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
f. Martial Law does NOT:
i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and
iv. Automatically suspend the privilege of the writ.
Suspension of privilege of the writ:
i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released.
Section 19: EXECUTIVE CLEMENCY
Scope:
1.) The President may grant the following: [ Pa R C Re]
1. Pardons (conditional or plenary)
2. Reprieves
3. Commutations
4. Remittance of fines and forfeitures
2.) These may only be granted AFTER conviction by final judgment.
3.) ALSO: The power to grant clemency includes cases involving administrative penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with the President.

Limitations:
1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELEC
d.) In cases of civil or legislative contempt

2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for the same may be restored.

Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons who commit political offenses, which puts into oblivion the
offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to such amnesty. If his application is denied, he can
be convicted based on this admission of guilt.
4.) Amnesty V. Pardon
AMNESTY PARDON

Addressed to POLITICAL offenses Addressed to ORDINARY offenses

Granted to a CLASS of persons Granted to INDIVIDUALS

Need not be accepted Must be accepted

Requires concurrence of majority of all members

of Congress No need for Congressional concurrence

A public act. Subject to judicial notice Private act of President. It must be proved.

Only penalties are extinguished.

May or may not restore political rights. Absolute

pardon restores. Conditional does not.

Extinguishes the offense itself Civil indemnity is not extinguished.

May be granted before or after conviction Only granted after conviction by final judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary
Board; and
(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our
country.
(b) Options of Senate when a treaty is submitted for its approval:
(i) Approve with 2/3 majority;
(ii) Disapprove outright; or
(iii) Approve conditionally, with suggested amendments.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will go into effect without need of further Senate approval.
(e) Conflict between treaty and municipal law.
(i) Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s will.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to the Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by legislation as regards the
grounds for deportation.
(b) In the absence of any legislative restriction to authority, the President may still exercise this power.
(c) The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing.
BUT: The alien is not entitled to bail as a matter of right.

ARTICLE VIII. THE JUDICIAL DEPARTMENT

Sec. 1. JUDICIAL POWER

Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the
courts of justice or the redress of wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt to assume or be compelled to perform non-judicial
functions. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties.
4. In order that courts may exercise this power, there must exist the following:
1. An actual controversy with legally demandable and enforceable rights;
2. Involving real parties in interest;
3. The exercise of such power will bind the parties by virtue of the court’s application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are violated, there can be no recourse to the
courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable; and
b. To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the government.

Political Questions:

1. A ‘political question’ is one the resolution of which has been vested by the Constitution exclusively in either the people, in the exercise of their
sovereign capacity, or in which full discretionary authority has been delegated to a co-equal branch of the Government.

2. Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the
wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments.

Sec. 2. ROLES OF CONGRESS

1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and

2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.

3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.

1. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution.
2. Creation and abolition of courts:
1. The power to create courts implies the power to abolish and even re-organize courts.
2. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary.
3. If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. (same rule
applies for civil servants)

Sec. 3. FISCAL AUTONOMY

1. The entire judiciary shall enjoy fiscal autonomy.

2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and regularly released.

Secs. 4-7; 12 JUDICIARY

Composition of the Supreme Court:

1. Chief Justice and

2. 14 Associate Justices

Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or
administrative functions.

Qualifications of members of the SC:

b. Natural born citizen of the Philippines

c. At least 40 years old
d. At least 15 years of experience as a judge or in the practice of law in the Philippines
e. Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)

 1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:

1. Citizen of the Philippines (may be a naturalized citizen)

2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.

Section 8. JUDICIAL AND BAR COUNCIL

1. The Judicial and Bar Council is under the supervision of the SC.

A. Is under the supervision of the Supreme Court and is composed of:

1. Chief Justice, as ex-officio chairman

2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative

B. Functions of JBC

1. Principal function: recommend appointees to the Judiciary

2. Exercise such other functions as the SC may assign to it.

C. Appointments to the Judiciary

1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list.

Sec. 10. SALARIES

1. Salaries of SC Justices and judges of lower courts shall be fixed by law.
2. Cannot be decreased during their continuance in office, but can be increased.
3. Members of the Judiciary are NOT exempt from payment of income tax.

Sec. 11. TENURE/DISCIPLINARY POWERS OF SC

1. Members of the SC and judges of the lower courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:

a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein.

3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.

Secs. 4-6, 13. THE SUPREME COURT

Hearing of cases:

1. En banc; or
 2. Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:
a. Treaty
b. International or executive agreement or
c. Law.
2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
3. All cases involving the constitutionality, application or operation of
a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
4. Cases heard by a division where required majority of 3 was not obtained.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division.
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President.

Cases heard by division

1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon.

2. Majority vote in a division should be at least 3 members.

Powers of the SC
1. SC has ORIGINAL jurisdiction over
a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.
2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
a. All cases involving the constitutionality or validity of any
1. treaty
2. international or executive agreement
3. law
4. presidential decree
5. proclamation
6. order
7. instruction
8. ordinance, or
9. regulation;

b. All cases involving the legality of any

1. tax
2. impost
3. assessment or
4. toll or
5. any penalty imposed in relation thereto;

c. All cases in which the jurisdiction of any lower court is in issue

d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
e. All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning:
a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive rights.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and theSandiganbayan).

JUDICIAL REVIEW

Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it.
3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal and substantial interest in the case such that he has
sustained, or will sustain, direct injury as a result of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional, it is considered as an ‘operative fact’ which at that time had to be complied
with.
2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.

Sec. 14. DECISIONS

1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court, are allowed as long as the decision
adopted by reference is attached to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military tribunals.
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS

Section 1. Constitutional Commissions

Independent Constitutional Commissions:

1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their integrity is protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.

Section 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies,
instrumentalities, including GOCC’s and their subsidiaries.

Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.

Section 6. RULES OF PROCEDURE

Procedures:
1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of “special courts and quasi-judicial bodies.”
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

Section 7. DECISION MAKING/APPEAL

Decision-Making:

1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission.

 COMELEC may sit en banc or in 2 divisions.

 Election cases, including pre-proclamation controversies are decided in division, with motions for reconsideration filed to the COMELEC
en banc.
 The SC has held that a majority decision decided by a division of the COMELEC is a valid decision.

2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for the entire commission. (i.e. The Chairman
cannot ratify a decision which would otherwise have been void).

Appeals:

1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65.

2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.

Enforcement:

 It has been held that the CSC can issue a writ of execution to enforce judgments which are final.

THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition:
1) Chairman
2) Commissioners – 2 commissioners

Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding their appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation

Term:
1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope:
The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1.”With Original Charter” means that the GOCC was created by special law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
Appointments to civil service shall be:

A. Competitive positions

 According to merit and fitness to be determined by competitive examinations, as far as practicable except to positions which are policy-
determining, primarily confidential, or highly technical.

B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining – formulate a method of action for the gov’t
b) Primarily confidential – more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust…
c) Highly technical – requires technical skill to a superior degree.

C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the administrative or legislative description given
to it.

D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled.

E. Who may be appointed:

1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.

F. Next-In-Rank Rule

 While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed.
Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank.

Tenure (Classification of Positions)

Career Service Non-Career Service

1. Entrance based on merit and fitness to be

determined as far as practicable by competitive
examinations or based on highly technical 1. Entrance on bases OTHER than usual tests of merit
qualifications. and fitness.

1. Tenure limited to:

a) Period specified by law,

2. Entitled to security of tenure
 b) Coterminous with the appointing authority or
subject to his pleasure, or

c) Limited to the duration of a particular project for

which purpose the employment was made.

3. With opportunity for advancement to higher career

positions.

Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. It guarantees both procedural and
substantive due process.
2) For “LEGAL CAUSE” – Cause is:
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so long as confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not
acquire security of tenure.
Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law

Temporary employees are covered by the following rules:

1). Not protected by security of tenure – can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike

Sections 6-7. DISQUALIFICATION

Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries.
b). Period of disqualification: One (1) year after such election.

2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
 Examples:
 The Vice President may be appointed Cabinet member
 Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his office
d). Even Congress cannot, by law, authorize the appointment of an elective official.

3). Appointive officials

a). Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCC’s and their
subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. They are governed by the stricter
prohibitions contained therein.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
B. Double - when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer
C. Indirect Compensation
2) EXCEPTION: Unless specifically authorized by law
A. “SPECIFICALLY AUTHORIZED” means a specific authority particularly directed to the officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited
3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.
THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition: (7)
1) Chairman and
2) Commissioners (6)

Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience.”
6) Appointments subject to CA approval

Term:
1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1 Member – 3 yrs.
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor’s term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent commissioner as acting Chairman.
b). The choice of temporary chairman falls under the COMELEC’s discretion.
Section 2. POWERS AND FUNCTIONS

Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election.
Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final,
executory, and not appealable.
Exception: Appealable to the SC on questions of law.
1. Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. It CANNOT exercise this in connection with its
purely executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to
elections constitute interference in national affairs. If accepted, it is an additional ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be prescribed by law.
1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds, offenses and malpractices.
1. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.
2. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC
3. Preliminary investigation conducted by COMELEC is valid.
2) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall
be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
3) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for
violation or disregard or, or disobedience to its directive, order, or decision.
4) Submit to the President and the congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
Section 3. RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure
1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-election
controversies.
Decision-Making
1) Election cases should be heard and decided in division. Provided that,
2) Motions for reconsideration of decisions should be decided by COMELEC en banc.
3) ”Decisions” mean resolutions on substantive issues.
2) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division.
3) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of
Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS

Regulation of franchises

A. What can COMELEC supervise or regulate

1). The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication
or information.

2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any GOCC
or its subsidiary

B. When can COMELEC exercise this power

1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose.

COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC. It may, however, compel it to provide space after paying just
compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may not regulate media practitioners, for this would
violate the freedom of expression.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the Commission.

Section 6

Definition of Political Party

 organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the party’s existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list
system as provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or coalitions registered under the party-list system shall NOT be represented in the following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.

Poll Watchers
 Political parties, etc. are entitled to appoint poll watchers in accordance with law.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
 This section does not give candidates immunity from suit.
 Discrimination includes unequal treatment in the availment of media facilities.
Section 11. FUNDING

How provided

1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections, plebiscites, initiative, referenda
and recalls, shall provided in the regular or special appropriations.

2) Funds should be certified by the COMELEC as necessary.

Release of funds

 Once approved, funds should be released automatically upon certification by the Chairman of COMELEC.

THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the elections immediately preceding their appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner – 2 -3 yrs.
2) LIMITATION: – Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term.

Section 2. POWERS
1) Examine, audit, and settle accounts pertaining to:
1. Revenue and receipts of funds or property; or
2. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or instrumentalities;
3. Including GOCC’s with original charters.
2) Conduct post-audit with respect to the following:
1. Constitutional bodies, commissions, and offices granted fiscal autonomy;
2. Autonomous state colleges and universities;
3. GOCC’s and their subsidiaries incorporated under the Corporation Code.
4. None-governmental entities receiving subsidies or equity, directly or indirectly, from or through the government, which are required by
law of the granting of institution to submit to such audit.
3) If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including temporary or special pre-audit, as
may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
a. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or
uses of government funds and properties.
b. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure.
Note:

1) The functions of COA can be classified as:

1. Examine and audit all forms of government revenues;

2. Examine and audit all forms of gov’t expenditures
3. Settle gov’t accounts
4. Promulgate accounting and auditing rules (including those for the prevention of irregular…expenditures.
5. To decide administrative cases involving expenditures of public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic process.

3) COA has authority not just over accountable officers but also over other officers who perform functions related to accounting such as
verification of evaluations and computation of fees collectible, and the adoption of internal rules of control.

4) COA does not have the power to fix the amount of an unfixed or undetermined debt.

5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to approve and pass in audit vouchers for
payment:

1. There is a law appropriating funds for a particular purpose;

2. There is a contract, made by the proper officer, entered into in conformity with the above-mentioned law;
3. The goods or services covered by such contract have been delivered or rendered in pursuance to such contract, as attested by the proper
officer; and
4. Payment has been authorized by officials of the corresponding department or bureau.

6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. This is
because COA’s interest in such accounts is merely administrative.

7) COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure when regulations require public bidding for the
sale of government property.
Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public
funds, from the jurisdiction of the Commission on Audit.

ARTICLE X: LOCAL GOVERNMENT

Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE:

Composition:

1) Provinces

2) Cities;

3) Municipalities; and

4) Barangays

There shall be Autonomous regions in:

1) Muslim Mindanao, and

2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]
Note: 1) A third autonomous regions would require a constiutional amendment.
2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law.
3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s

Section 2. Local Autonomy

1) All political subdivisions shall enjoy local autonomy
2) This does not mean that the LGU’s are completely free from the central government.
a. Judiciary may still pass on LGU actions
b. President may exercise disciplinary power over LGU officials.

Sec. 3. Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different
local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal,
term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local
units.

Section 4. PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President

1) The President exercises general supervision over all LGUs

2) The President exercises DIRECT supervision over

a. Provinces
b. Autonomous regions and
c. Independent cities.

3) This power is limited to ensuring that lower officers exercise their functions in accordance with law.

4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law.

5) The President may, however, impose administrative sanctions against LGU officials, such as suspension for 120 days, and may even remove
them from their posts, in accordance with law.

6) Provinces exercise direct supervision over component cities and municipalities.

7) Cities and municipalities exercise direct supervision over component barangays.

Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.

Limitations on Power

1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples.

2) The guidelines set by Congress should be consistent with the basic policy of local autonomy.

Accrual of taxes, fees, charges

The taxes, fees and charges shall accrue exclusively to the local governments.

Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO
THEM

Internal Revenue Allotment (IRA)

1) Share of LGUs in national taxes is limited to the internal revenue taxes.

2) The share of each LGU should be released, without need of any further action, directly to the provincial, city, municipal or
barangay treasurer. Release is made on a quarterly basis within 5 days after the end of each quarter.
3) The share of each LGU should not be subject to any lien or holdback that may be imposed by the national government for
whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects.
5) Adjustments in IRA

1. Ground: Unmanageable public section deficit

2. President can make the necessary adjustments in the IRA upon the recommendation of the following:

1. Department of Finance Secretary

2. DILG Secretary
3. DBM Secretary

6) IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTH

Share of LGUs in national wealth

1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their
respective areas in the manner provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
3) 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

Sec. 8. TERM OF OFFICE

Term of Office

Elective local officials, now including barangay officials have a term of 3 years.

Limitations:
 - No elective official shall serve for more than 3 consecutive terms
- Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the
full term for which he was elected.

Sec. 9. SECTORAL REPRESENTATION IN LGUS

Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law

There should be representatives from:

- The women’s sector

- The workers
- Third sector (can choose from any of the following)

A) Urban poor
B) Indigenous cultural communities
C) Disabled persons
D) Any other sector as may be determined by the sanggunian

Election of Sector Representatives

Sec. 10. Creation, abolition and division of LGU’s

1) Requisites

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.

Sec. 11. Metropolitan political subdivisions

Creation:

1) Congress may create special metropolitan political subdivisions by law.

2) It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1) The component cities and municipalities retain their basic autonomy

2) They shall be entitled to their own local executive and legislative assemblies.

Sec. 12. CITIES

Classification of Cities:

1) Highly urbanized (as determined by law)

2) Component cities (cities still under provincial control); and
3) Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter from voting in provincial
elections)

Independence from the Province

 1) Highly urbanized cities and independent component cities are independent of the province.
2) Component cities whose charter contain no such prohibition are still under the control of the province and its voters may still vote for
elective provincial officials.

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:

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

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:

- The framework of the consititution

- National sovereignty
- 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

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

Section 20. LEGISLATIVE POWERS

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

4) Administrative organization;
5) Creation of sources of revenues;
6) Ancestral domain and natural resources
7) Personal, family and property relations
8) Regional, urban, and rural planning development;
9) Economic, social, and tourism development;
10) Educational policies;
11) Preservation and development of the cultural heritage; and
12) 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.

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1: PUBLIC OFFICE AS A PUBLIC TRUST

Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice and lead modest lives.
Section 2: IMPEACHMENT/REMOVAL FROM OFFICE

Impeachment: (as means of removal from office)

1. Who may be impeached:

a. President VP
b. SC Justices
c. Constitutional Commission members
d. Ombudsman
2. Grounds
a. Culpable violation of the Constitution
b. Treason
c. Bribery
d. graft and corruption
e. other high crimes or
f. betrayal of public trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.

1. These officers cannot be charged in court with offenses that have removal from office as penalty.
2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would disqualify him from his position.
4. BUT AFTER an official has been impeached, he can be charged with the appropriate offense.
5. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be impeached

All Other Public Officers and Employees

1. They may be removed from office as provided by law

2. BUT: NOT by impeachment

Section 3: PROCEDURE FOR IMPEACHMENT

Exclusive Power of House of Representatives

The House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:

1. Filling of verified complaint

a. Can be filed by:

1. Any member of the House of Representatives or

2. Any citizen upon a resolution of endorsement by any Member of the House or
3. By at least 1/3 of all the Members of the House of Representatives
2.) Inclusion of complaint in the order of business with 10 session days
3.) Referral to proper Committee within 3 session days thereafter
4.) Submission of Committee report to the House together with corresponding resolution
a. There should be a hearing
b. There should be a majority vote of the members
c. The report should be submitted within 60 days from referral, after hearing, and by a majority vote of ALL its members.
5.) Calendaring of resolution for consideration by the House
Should be done within 10 session days from receipt thereof
6.) Vote of at least 1/3 of all Members of the House necessary to:
a. Affirm a favorable resolution with the Articles of Impeachment of the Committee or
 b. To override its contrary resolution

Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the
Articles of Impeachment. Trial in the Senate shall proceed.

7.) Trial in the Senate

a. Senate has the sole power to try and decide all cases of impeachment
b. For this purpose, the Senators shall be under oath or affirmation
c. When the President of the Philippines is on trial, the CJ of the Supreme Court presides. However, he/she will not vote.

8.) Judgment of Conviction

This requires the concurrence of 2/3 of all the Members of the Senate

9.) Effect of the Impeachment

1. Removal from office of the official concerned

2. Disqualification to hold any office under the Republic of the Philippines
3. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime.

Section 4: SANDIGANBAYAN

Sandiganbayan = the anti-graft court

Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN

Composition:

1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and Mindanao
4.) Deputy for military establishment may be appointed

Qualifications: (Ombudsman and his deputies)

1.) Natural born citizen of the Philippines

2.) At least 40 years old at time of appointment
3.) Of recognized probity and independence
4.) Member of the Philippine bar
5.) Must not have been candidate for any elective office in the immediately preceding election
6.) For Ombudsman: He must have been for ten years or more

1. A judge or
2. Engage in the practice of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2)

1.) Cannot hold any other office or employment during his tenure

2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the
functions of his office

3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the Government, any of
its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries.

Appointment

1. Of Ombudsman and deputies

 1. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be filled from a list of 3
nominees
2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months after they occur.

2. Of other officials and employees of the Office of the Ombudsman

1. By the Ombudsman
2. In accordance with Civil Service Law

Term: (Ombudsman and deputies)

1. 7 years with reappointment

2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office

Rank/Salaries:

1. The Ombudsman has the rank of Chairman of a Constitutional Commission

2. The Members have the rank of members of a Constitutional Commission

3. Their salaries cannot be decreased during their term of office.

Powers, Functions and Duties of the Office of the Ombudsman

1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or inefficient.

1. The SC held that the power to investigate and prosecute cases involving public officers and employees has been transferred to the
Ombudsman.
2. The Ombudsman may always delegate his power to investigate.
3. The power to investigate includes the power to impose preventive suspension.
4. This preventive suspension is not a penalty.
5. “INVESTIGATE” does not mean preliminary investigation.
6. The complaint need not be drawn up in the usual form.
7. The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned.
8. ANY illegal act may be investigated by the Ombudsman. In this regard, the Ombudsman’s jurisdiction is CONCURRENT with that of the
regular prosecutors.

2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivision, agency or instrumentality
thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act of duty required by
law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

1. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken by the officers concerned.
2. The public official or employee must be employed in:

(I). The Government

(II). Any subdivision, agency, or instrumentality thereof; or

(III). GOCC’s with original charters

1. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they are under the
Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

1. The Ombudsman does NOT himself prosecute cases against public officers or employees.
 2. Final say to prosecute still rests in the executive department.
3. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute.

4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law to furnish it with copies of
documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds of properties, and
report any irregularity to COA for appropriate action.

5.) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary,
pertinent records and documents.

6.) Public matters covered by its investigation when circumstances so warrant and with due process.

7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency

8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public officials or
employees of the government, or any subdivision, agency or instrumentality including GOCCs and their subsidiaries. In appropriate cases, it should
notify the complainants of the action taken and the result thereof.

Fiscal Autonomy

The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be automatically and regularly released.

Section 7: OFFICE OF THE SPECIAL PROCECUTOR

1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor

2. Powers

1. It will continue to function and exercise its powers as now or hereafter may be provided by law
2. Exception: Powers conferred on the Office of the Ombudsman

3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman

Section 15: RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel

1.) The right of the State to recover properties unlawfully acquired by public officials and employees from them or from their nominees or
transferees shall NOT be barred by prescription, laches or estoppel.

2.) Their right to prosecute criminally these officials and employees may prescribe.

Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

Coverage:

This prohibition applies to:

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Members of Supreme Court

6.) Members of Constitutional Commissions

7.) Ombudsman

8.) Any firm or entity in which they have controlling interest

When prohibition applies:

Prohibition applies during their TENURE.

Scope of prohibition:

1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES:

1. Loans
2. Guarantees
3. Other forms of financial accommodation

From:

1. Government owned or controlled banks; or

2. Government owned or controlled financial institutions.

2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply.

Section 17: Statements of assets, liabilities and net worth

When submitted:

Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as
required under the law.

When declaration shall be disclosed to the public:

These declarations shall be disclosed to the public in a manner provided by law in the case of:

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Justices of the Supreme Court

6.) Members of Constitutional Commissions

7.) Other constitutional offices

8.) Officers of the armed forces with general or flag rank

Section 18: Allegiance of public officers and employees

Allegiance to the State and to the Constitution

Change in Citizenship/Immigrant Status

1.) Incumbent public officers and employees who seek either:

1. Change his citizenship; or

2. Acquire immigrant status in another country

Shall be dealt with by law.

2.) If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the loss of the office by the incumbent.

3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective offices.

1. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they
expressly waive their status as such

This renunciation must be some other than, and prior to, the filling of the certificate of candidacy.

ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY

Sec. 1. GOALS OF THE NATIONAL ECONOMY

Three-fold goal:

1. More equitable distribution of opportunities, income and wealth;

2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and

3. Expanding productivity, as the key to raising the quality of life for all.

The State shall promote industrialization and full employment

1. It should be based on sound agricultural development and agrarian reform

2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in both
domestic and foreign markets.

Protection of Filipino enterprises

The State shall protect Filipino enterprises against unfair foreign competition and trade practices.

Role of Private Enterprises

Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their
ownership

Section 2. REGALIAN DOCTRINE

Distinction between Imperium and Dominium.

1. Imperium

Government authority possessed by the State which is appropriately embraced in sovereignty.

2. Dominium
 1. The capacity of the State to own and acquire property.
2. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural
resources.

Scope:

The following are owned by the State:

1. Lands of the public domain:

Waters

Minerals, coals, petroleum, and other mineral oils;

All sources of potential energy;

Fisheries;

Forests or timber;

Wildlife;

Flora and fauna; and

Other natural resources.

Alienation of Natural Resources

1. General Rule: All natural resources CANNOT be alienated

2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources

1. Shall be under the full control and supervision of the State

2. Means

A. The state may DIRECTLY UNDERTAKE such activities

B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with

1. Filipino citizen or
2. Corporation or association at least 60% of whose capital is owned by such citizens

3. Limitations:

A. Period: It should not exceed 25 years, renewable for not more than 25 years

B. Under terms and conditions as may be provided by law.

4. In case of water rights/water supply/fisheries/industrial uses other than the development of water power

The beneficial use may be the measure and limit of the grant.

Small-scale Utilization of Natural Resources

1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens
2. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers, lakes, bays and
lagoons.

Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils

1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration
etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by
law.

2. They should be based on the real contributions to economic growth and general welfare of the country.

3. In the agreements, the State should promote the development and use of local scientific and technical resources.

4. The President should notify Congress of every contract under this provision within 30 days from its execution.

5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth

1. The State shall protect its marine wealth in its

Archipelagic waters

Territorial sea & EEZ

2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

3. Agricultural
4. Forest/timber
5. Mineral lands &

Alienable lands of public domain

1. Only agricultural lands are alienable.

2. Agricultural lands may be further classified by law according to the uses to which they may be devoted.

Limitations regarding Alienable Lands of the Public Domain

1. For private corporations or associations

A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
C. Area: Lease cannot exceed 1,000 hectares
Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands.
2. For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.
Taking into account the requirements of conservation, ecology and development, and subject to the requirements of agrarian reform, Congress
shall determine by law the size of the lands of the public domain which may be acquired, developed, held or lease and the conditions therefore.
Means by Which Lands of the Public Domain Become Private Land
1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years.
A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction.
B. Here, in possession since time immemorial, presumption is that the land was never part of public domain.
C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land
D. Presumption is that land belongs to the State.
Section 4. 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. Thereafter, such forest lands and national parks shall be conserved and may not be increased or diminished, EXCEPT
by law. Congress shall provide measures to prohibit logging in

1. a. Endangered forest and

2. b. Watershed areas for such period as it may determine.

Section 5. ANCESTRAL LANDS

Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous cultural communities to their ancestral lands
A. Subject to Constitutional provisions
B. Subject to national development policies and programs
2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations.
3. “ANCESTRAL DOMAIN”
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.

Section 7. PRIVATE LANDS

General rule
1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens
2. Exceptions
A. In intestate succession, where an alien heir of a Filipino is the transferee of private land.
B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND, subject to limitation
provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title.
C. Foreign states may acquire land but only for embassy and staff residence purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership. Therefore:
A. Aliens may be lessees or usufructuaries of private lands
B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale.
5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by non-Filipinos
cannot acquire and own land, even for religious purposes.

Remedies to recover private lands from disqualified aliens:

1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
B. Alien still has the title (didn’t pass it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS

Power of Congress
1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is
owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national
interest dictates.
2. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to QUALIFIED
Filipinos.

Section 11. FRANCHISES FOR PUBLIC UTILITIES

Power to grant:
1. Congress may directly grant a legislative franchise; or
2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s
Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the undertaking must involve dealing directly with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility, and it leases the same to the
government. It is the government which operates the public utility (operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens.

Terms and conditions:

1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good so
requires.

Participation of Foreign Investors

1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in
its capital.
2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens.

Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS

1. Private corporations
Congress can only provide for the formation, etc of private corporations through a general law.
2. GOCC’s
They may be created by:
a. Special charters in the interest of the common good and subject to the test of economic viability.
b. By incorporation under the general corporation law.

Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT

1. Temporary takeover or direction of operations:

A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.
2. Nationalization of vital industries:
A. Exercised in the interest of national welfare or defense
B. Involves either:
i. Establishment and operation of vital industries; or

ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the
government.

Section 19. MONOPOLIES

1. The Constitution does NOT prohibit the existence of monopolies.

2. The State may either regulate or prohibit monopolies, when public interest so requires.
3. Combinations in restraint of trade or unfair competition are prohibited.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice

1) Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have
more in law
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice but
also political social justice.

Principal activities in order to achieve social justice

 1) Creation of more economic opportunities and more wealth; and
2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable distribution of
wealth and political power.

Labor

 Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution, what rights are
guaranteed, and what positive measures the state should take in order to enhance the welfare of labor.

Right to organize and to hold peaceful concerted activities

 Ø The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors.
 Ø The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law.

Right to participate in the decision making process of employers

The workers have the right to participate on matters affecting their rights and benefits, “as may be provided by law”. This participation can be
through
1) collective bargaining agreements,
2) grievance machineries,
3) voluntary modes of settling disputes, and
4) conciliation proceedings mediated by government.
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own the land they till,
and
3) a just share of other or seasonal farmworkers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain

 To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it becomes
necessary to deprive owners of their land in excess of the maximum allowed there is compensable taking and therefore the exercise of
eminent domain.

Reach of agrarian reform

 It extends not only to private agricultural lands, but also to “other natural resources,” even including the use and enjoyment of
“communal marine and fishing resources” and “offshore fishing grounds”.

The Commission on Human Rights

Composition:
1) Chairman; and
2) 4 members

Qualifications:

1) Natural-born citizens of the Philippines;

2) Majority of the Commission must be members of the Philippine Bar;
3) Term of office, other qualifications and disabilities shall be provided by law;
4) The appointment of the CHR members is NOT subject to CA confirmation; and
5) The CHR is not of the same level as the COMELEC, CSC, or COA.

Powers:
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations.
D. They cannot investigate cases where no rights are violated.
E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all persons, within the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need
protection.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. These must be obtained from the regular
courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to enhance respect for the primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or
their families.
8) Monitor compliance by the government with international treaty obligations on human rights.
9) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or
convenient to determine the truth in any CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the performance of its functions.
11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law

ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE, AND SPORTS

Education

Goals of the State:

The State shall promote and protect:
1) The right to quality education at all levels;
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society.

Right to Education and Academic Freedom

The right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and equitable admission
requirements.”

Power to Dismiss Students

dismiss students, after due process, for disciplinary reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
a) It involves violations of school policies connected to school-sponsored activities; or
b) The misconduct affects the student’s status, or the good name or reputation of the school.
Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter
medical school by requiring the applicants to take the NMAT.

Free Education
1) The State shall maintain a system of free education in:
a) Elementary level, and
b) High school level.
2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion.

Educational Institutions

I. Filipinization

A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
3). Congress may increase Filipino equity requirements in ALL educational institutions.
B. Control and Administration:
1). Must be vested in Filipino citizens
2). Refers to line positions, such as President, Dean, Principal, and Trustees
3). Faculty members may be foreigners.

C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for by law for other
foreign temporary residents.

II. Tax Exemptions

A. Non-stock, non-profit educational institutions:

1) All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties.
2) This is self-executory
B. Proprietary educational institutions, including cooperatives:
1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment
2) Requires an enabling statute
3) Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt from taxes,
subject to conditions prescribed by law.

III. Academic Freedom

A. Educational Institutions

Schools have the freedom to determine:

1) Who may teach,

2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.

B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which
has no relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they are free from institutional censorship or discipline.

C. Students

They have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations
1) Dominant police power of the State
2) Social interest of the community
E. Budgetary Priority:

1). Education must be assigned the highest budgetary priority.

2). BUT: This command is not absolute. Congress is free to determine what should be given budgetary priority in order to enable it to respond to
the imperatives of national interest and for the attainment of other state policies or objectives.

Religious Education in Public Schools:

Religion may be taught in public schools subject to the following requisites:

 3) Express written option by parents and guardians;
4) Taught within regular class hours;
5) Instructors are designated and approved by the proper religious authorities; and
6) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language

1) National language: Filipino

2) Official Languages: Filipino, and unless otherwise provided by law, English.’
3) Regional languages are auxiliary to the official languages.
4) Spanish and Arabic are promoted only on an optional and voluntary basis.

ARTICLE XVI – GENERAL PROVISIONS

Sections 1-2. Symbols of Nationality

1) Flag
 Red, white, and blue.
 With a sun and 3 stars
 The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new:
(a) Name for the country,
(b) National anthem, or
(c) National seal.
Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Section 3. State Immunity

Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally liable, and the suit is really one
against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to interplead.
Consent to be sued

A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent.

B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter contains no express
“sue or be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain government funds and are not subject
to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the money can be
garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable.

2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment against public funds. Reason: No
money shall be paid out of the public treasury unless pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years
2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:

1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the
Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution.

2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive
change, affecting the Constitution as a whole.

Constituent power v. Legislative power

1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such
proposal. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law).

2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the
people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and
of the people, also through initiative and referendum.

3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise of legislative power ordinarily
needs the approval of the Chief Executive, except when done by people through initiative and referendum.

Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification

Proposal of amendments:
Amendments may be proposed by:

A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

 The power of Congress to propose amendments is NOT part of its ordinary legislative power.
 The only reason Congress can exercise such power is that the Constitution has granted it such power.

B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or

b). By a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of
Congress. In other words, it is a political question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for the calling of such ConCon, Congress –
exercising its ordinary legislative power – may supply such details. But in so doing, Congress (as legislature) should not transgress the resolution of
Congress acting as a constituent assemble.

5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for their expenses. Money may be spent from the
treasury only to pursuant to an appropriation made by law.

C. People’s Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review, the manner the proposals
are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may determine whether the assembly has acted in
accordance with the Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people for ratification.
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions.
2) Amendments proposed by the people via initiative:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition’s sufficiency
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
4) Issues regarding ratification:
a) The Constitution does not require that amendments and revisions be submitted to the people in a special election. Thus, they may be
submitted for ratification simultaneously with a general election.
b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the legislative
sphere. That Congress could have done better does not make the steps taken unconstitutional.

c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. There
cannot be a piece-meal ratification of amendments/revisions.

d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the proposed amendments/revisions so provide.

ARTICLE XVIII – TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

 The 1987 Constitution took effect immediately upon its ratification.

 According to the SC, this took place on February 2, 1987, which was the day the people cast their votes ratifying the Constitution.

Military bases agreements

1) Renewals of military bases agreements must be through a strict treaty.

2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires.
3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.