Definition of

terms Definition
Case/ source
Constitution o Fundamental law which sets up a form of government and define and delimits the
powers thereof and those of its officers, reserving to the people themselves plenary
sovereignty
o Represents the supreme will of the people and binds them to its limitations.
o It is a social contract
o Safeguard to the rights of citizens
o Written constitutions are rigid but allow different interpretations depending on the
times and the needs of the people
Article by Myrna
Feliciano
Self-executory
provisions
o a mandatory, positive command which is complete in itself and which needs not further
guidelines or implementing laws or rules for its enforcement. It does not need legislation
to be able to be put into operation.
Tanada v. Angara
Non-self-executory
provisions
o needs an implement law for it to be enforceable
o usually composed of general policies and principles of the state
Constituent
power
o the power to propose, revise, create constitutions
Notes and Bernas
Amendment o Done through constituent assembly, constitutional convention and peoples initiative
o !nvisages an alteration of one or a few specific and isolated provisions of the constitution
o Its guiding original intention is to improve specific parts or to add new provisions or to
suppress e"isting ones according as addition or subtraction might be demanded by e"isting
conditions
Revision o Done through constituent assembly and constitutional convention
o #uiding intention and plan contemplate a re$e"amination of the entire document or
important cluster of provisions in the document to determine how and to what e"tent it
should be altered. %he end product of a revision can be an important structural change in
the government or a change which affects several provisions of the constitution
Judicial review o %he way by which rights are enforced
o Important to &udicial power
o 'll constitutional cases are manifestations of (udicial review
o Involves interpretation of laws
Notes from Maam
Gwen
o )ne of the greatest contributions of the *S legal system to the +hilippine legal system
o Founded upon a supremacy of the constitution
o Rests in the entire &udicial branch not &ust the S,
o Does not change the nature of &udicial power away from +'SSI-!
o Functions. &urisprudence, guidance for future references and it serves to legitimize a
/uestioned act
avid v. Arroyo
o !ssential for the maintenance and enforcement of the separation of power and the
balancing of powers among the three great departments of government
o ,iting 'ngara v. !lectoral commission an integral component of the delicate system of
chec0s and balances which, together with the corollary principles of separation of powers,
forms the bedroc0 of our republican form of government and insures that its vast powers
are utilized only for the benefit of the people for which it serves
o 1oderating power to determine the proper allocation of powers
o %he power of the court to settle actual controversies involving rights which are legally
demandable and enforceable
o !2%!3D!D S,)+! '3D !2+R!SS ,)3S%I 1'3D'%! product of the e"perience of
martial law
o 3)% )345 a (*DI,I'4 +)W!R but a D*%5
o 'ddresses /uestions as to whether the government had authority or had abused its
authority to the e"tent of lac0ing &urisdiction or e"cess of &urisdiction
Francisco !r. ".
Nagmamalasa#it
na mga
Manananggol ng
mga
Manggagawang
$ili%ino& 'nc.
Doctrine of
operative fact
o Recognizes that before is struc0 down that it has already been implemented and may have
factual conse/uences
$lanters %roduct v.
Fertili(er $)ili%%ines
Judicial Power o Includes the duty of courts of &ustice 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 lac0 or e"cess of &urisdiction on the part or
instrumentality of the government
o Refers to ordinary cases
Francisco !r. ".
Nagmamalasa#it na mga
Manananggol ng mga
Manggagawang $ili%ino&
'nc
Ripeness o +rere/uisite that something had by then been accomplished or performed by either branch
before a court may come into the picture
o %he /uestioned acts should have already been carried out
Francisco !r. ".
Nagmamalasa#it na
mga Manananggol
ng mga
Manggagawang
$ili%ino& 'nc
Lis Mota o Resolution of the /uestion is unavoidably necessary to the decision of the case itself
Political uestion o ,iting %anada v. ,uenco a /uestion of policy. It refers to those /uestions which under
the constitution are to be decided by the people in their sovereign capacity or in regard to
which full discretionary authority has been delegated to the legislature or e"ecutive branch
of the government. It is concerned with issues dependent upon wisdom not legality of a
particular measure
o 6 types.
7. %ruly political /uestions 8 beyond &udicial review
6. not truly political /uestions 'R% -III S!, 7
o ,iting 9a0er v. ,arr (*DI,I'445 DIS,)-!R'94! S%'3D'RDS to determine if the issue is
a political /uestion
7. te"tually demonstrable constitutional commitment of the issue to a coordinate
political department
6. lac0 of &udicially discoverable and manageable standards for resolving it
:. impossibility of deciding without an initial policy determination of a 0ind clearly for
non$&udicial determination
!erm o a fi"ed period of time for which an elective official ideally stays in office
ima%oro v. Mitra
!enure o %he actual time that an elective official serves in office
Residence and
domicile
o In election law mean the same; *nli0e in civil law wherein domicile is permanent and
wherein one has the intention of returning and residence can be the home actually
occupied but only temporarily
o In ,o v. !lectoral tribunal of the <R!+ Residence = domicile
o Domicile = permanent home, a place which, whenever absent for business or for pleasure
one intends to return, the fact of residing in a fi"ed place
o Residence factual relationship of an individual to a certain place. It is the physical
presence of a person in a given area
Macalintal v.
C*M+,+C-
.omualde(/
Marcos
Local
"overnment
#nits
o +olitical and corporate in nature
o !stablished by incorporation
o <as its own legal personality
Bagabuyo v.
C*M+,+C
Le$islative
district
o +olitical unit but not a separate subdivision
o ,an not act by itself because it has no independent legal personality
Police power Section %. %he legislative power shall be vested in the ,ongress of the +hilippines which
shall consist of a Senate and a <ouse of Representatives, e"cept to the e"tent reserved to the
people by the provision on initiative and referendum.
0123 C*N4T' A.T
"' 4+C 0
'n attribute of sovereignty, comprehending the power to ma0e and enforce all wholesome
and reasonable laws and regulations necessary to the maintenance, upbuilding and
advancement of public will and protection of public interests.
5)etsel v. 5ood 6N*T
F.*M CA4+ ,'4T7
Power of
taxation
1ust be uniform and e/uitable and progressive
%he ,ongress may, by law, authorize the +resident to fi" within specified limits, and
sub&ect to such limitations and restrictions as it may impose, tariff rates, import and e"port
/uotas, tonnage and wharfage dues, and other duties or imposts within the framewor0 of the
national development program of the #overnment.
,haritable, religious, educational lands, buildings and improvements used directly, actually
and e"clusively are e"empt from ta" sub&ect to a law with the concurrence of ma&ority of the
members of ,ongress
0123 C*N4T' A.T
"' 4+C 82
Power of eminent
domain
o Section &. +rivate property shall not be ta0en for public use without &ust compensation.
0123 C*N4T' A.T
''' 4+C 1
'eto power of
t(e President
'R% -I S!, 6> of 7?@> ,)3S%I
+resident may veto any law but it must be e"pressed. Failure to act or sign does not
amount to an implied veto.
,ongress has the power to override veto by entering ob&ections of at least 6A: of all
members of such house
4ine$veto power. +resident may veto any item or items in appropriation, revenue or tariff
bill. -eto will not affect validity of other items.
Gon(ales v.
Macaraig
G... No. 239:9
November 01&
011;
)tem ,iting 9engzon. In a bill refers to the particulars, details, the distinct and severable parts
of the bill
,iting ,ommonwealth v. Dodson. It is an indivisible sum of money dedicated to a stated
purpose
,iting 9engzon v. Sec. of (ustice. an item which in itself is a specific appropriation of
money, not some general provision of law, which happens to be put into an appropriations bill
Provision Is limited in its operation to some particular appropriation to which it relates, and does not
relate to the entire bill
)nappropriate
provision
'gainst the constitution, against public policy
%hey do not relate to particular or distinctive appropriations
Disapproved or reduces items are nowhere to be found on the face of the bill
It is more of an e"pression of policy than an appropriation
Sub&ect of provision is more apt for separate and complete legislation
ARC*)P+LA")C
D,C!R)N+
%he emphasizes the unity of land and waters by defining an archipelago either as a group
of islands surrounded by waters or a body of waters studded with islands. For this purpose, it
re/uires that baselines be drawn by connecting the appropriate points of the Boutermost islands
to encircle the islands within the archipelago. %he waters on the landward side of the baselines
regardless of breadth or dimensions are merely internal waters.
5es, the archipelagic doctrine is reflected in the 7?@> ,onstitution. 'rticle I, Section 7
provides that the national territory of the +hilippines includes the +hilippine archipelago, with all
the islands and waters embraced thereinC and 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 +hilippines.
5A.N'NG< ' G*T
T='4 F*.M
G**G,+>
+nrolled -ill
Doctrine
o the final version passed in identical form by both chambers and sent to the president
C/s%an.com
Journal entry
rule
o !ach <ouse shall 0eep a (ournal of its proceedings, and from time to time publish the
same, e"cepting such parts as may, in its &udgment, affect national securityC and the yeas and
nays on any /uestion shall, at the re/uest of one$fifth of the 1embers present, be entered in
the (ournal. !ach <ouse shall also 0eep a Record of its proceedings.
"eneral
Supervision
+ower to ensure that the laws are faithfully e"ecuted by subordinate
Supervision can not imply control but ,)3%R)4 I1+4I!S S*+!R-ISI)3
Includes power to investigate and remove
Gan(on v. CA
Control +ower of an officer to alter or modify or nullify or set aside what a subordinate officer has
done in the performance of his duties and to substitute the &udgment of the former for the latter
Modano v. 4ilvosa
+ower given to the president over all e"ecutive officers from cabinet to cler0
"illena v. 4ec of interior ?
,acson v. Magallanes
Judicial -ar
Council
Innovation of the 7?@> constitution
Section ./
(9, under the supervision of the Supreme ,ourt
,hief (ustice as e" officio ,hairman
the Secretary of (ustice
representative of the ,ongress as e" officio 1embers
representative of the Integrated 9ar D years
a professor of law : years
a retired 1ember of the Supreme ,ourt 6 years
representative of the private sector 7 year
reg. members
appointed by +resident for Dyears wA the consent of ,o'.
Receive emoluments determined by S,
,ler0 of S, = Secretary e" officio 0eep a record of proceedings
Principal function recommending appointees to the (udiciary.
It may e"ercise such other functions and duties as the S, may assign to it.
Section &/
(9, ma0es a list of : nominees to S, and lower courts for president to choose appointees
Such appointees need not be confirmed and must be issued ?E days from submission of list
0123 C*N4T' A.T
"''' 4+C 2 and 1
Civil Service
Commission
Section %/
7 ,hairman and 6 ,ommissioners
natural$born citizens and at least :F years of age, with proven capacity for public
administration
3ot candidates for elective position in elections immediately preceding appointment.
,hairmans term > years, ,ommissioners, F years and : years
'ppointment to any vacancy shall be only for the une"pired term of the predecessor.
In no case shall any 1ember be appointed or designated in a temporary or acting capacity.
Section 0/
,ivil service embraces all branches, subdivisions, instrumentalities, and agencies of
0123 C*N4T'
A.T '@/B
the #overnment, including #),,s with original charters.
'ppointments in the civil service shall be made only according to merit and fitness to
be determined, as far as practicable, and, e"cept to positions which are policy$determining,
primarily confidential, or highly technical, by competitive e"amination.
3o officer or employee of the civil service shall be removed or suspended e"cept for
cause provided by law.
3o officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
%he right to self$organization shall not be denied to government employees.
Section 1/
%he ,ivil Service ,ommission, as the central personnel agency of the #overnment,
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
ran0s, and institutionalize a management climate conducive to public accountability. It shall
submit to the +resident and the ,ongress an annual report on its personnel programs.
S+C2/ pub. officers G employees oath to uphold and defend this ,onstitution.
Section 3/ ,ongress will ma0e standardized system for salaries
Section 4/ appointed for 7 year 'ny one who lost elections cant be
Section 5/
3o elective official may be appointed or may hold any other office within his tenure e"cept
those allowed specifically by law and included in primary duties
Section ./ 3o elective official can get more compensation other than his salary
Commission on
+lections
S+C %/ S!R#C!#R+/
o 7 chairman and H commissioners
o 3atural$born citizens at least :Fy.o.
o holders of a college degree
o 3ot candidates for elective positions in immediately preceding elections.
o 1a&ority including the ,hairman members of the +hilippine 9ar engaged in the practice
of law for at least 7E years.
o %he ,hairman and the ,ommissioners appointed by the +resident wA consent of the
,ommission on 'ppointments for a term of > years wAo reappointment.
o : 1embers shall hold office for > years
o 6 1embers for F years
o 4ast 1embers for : years, without reappointment.
o 'ppointment to any vacancy shall be only for the une"pired term of the predecessor.
o )n no case s(all any Mem6er 6e appointed or desi$nated in a temporary or
actin$ capacity/
S+C 0/ P,7+R AND 8#NC!),NS
9%: !nforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
90: !"ercise e"clusive original &urisdiction over all contests relating to the elections, returns,
and /ualifications of all elective regional, provincial, and city officials, and appellate
&urisdiction over all contests involving elective municipal officials decided by trial courts
of general &urisdiction, or involving elective barangay officials decided by trial courts of
limited &urisdiction. Decisions, final orders, or rulings of the ,ommission on election
contests involving elective municipal and barangay offices shall be final, e"ecutory, and
not appealable.
91: Decide, e"cept those involving the right to vote, all /uestions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
92: Deputize, with the concurrence of the +resident, law enforcement agencies and
instrumentalities of the #overnment, including the 'rmed Forces of the +hilippines, for
the e"clusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
93: Register, after sufficient publication, political parties, organizations, or coalitions which,
in addition to other re/uirements, must present their platform or program of
governmentC and accredit citizensI arms of the ,ommission on !lections. Religious
denominations and sects shall not be registered. %hose which see0 to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
,onstitution, or which are supported by any foreign government shall li0ewise 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 ,ommission, in addition to
other penalties that may be prescribed by law.
94: File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
e"clusion of votersC investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
95: Recommend to the ,ongress 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.
9.: Recommend to the +resident 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 +resident and the ,ongress, a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
Section 1/
o ,an be en banc, 6 divisions
o ,an ma0e own rules
Section 2/
o During elections can supervise companies involved in campaign
Section 3.
o +ardon, amnesty, parole for offenders of the election code must be concurred with by the
,)1!4!,
0123 C*N4T'
A.T '@/C
Commission on o 7 chairman J> yearsK, 6 commissioners JFyears and : yearsK appointed by the +resident
0123 C*N4T'
audit with ,o' consent wA no reappointment
o natural$born citizens and at least :Fy.o
o 1*S% 9! ,+' wA not less than 7Ey of auditing e"perience or members of +hilippine bar
practicing for at least 7Ey
o 3ot candidates for any elective positions in preceding elections
o 't no time shall all 1embers of the ,ommission belong to the same profession.
o 'ppointment to any vacancy shall be only for the une"pired portion of the term of the
predecessor.
o In no case shall any 1ember be appointed or designated in a temporary or acting capacity.
P,7+RS and D#!)+S
o e"amine, audit, and settle all accounts pertaining to the revenue and receipts of, and
e"penditures or uses of funds and property, owned or held in trust by, or pertaining to, the
#overnment, or any of its subdivisions, agencies, or instrumentalities, including #),,s
with original charters, and on a post$ audit basis.
9a: constitutional bodies, commissions and offices that have been granted
fiscal autonomy under this ,onstitutionC
96: autonomous state colleges and universitiesC
9c: other government$owned or controlled corporations and their
subsidiaries
9d: Such non$governmental entities receiving subsidy or e/uity, directly or
indirectly, from or through the #overnment, which are re/uired by law
or the granting institution to submit to such audit as a condition of
subsidy or e/uity. <owever, where the internal control system of the
audited agencies is inade/uate, the ,ommission may adopt such
measures, including temporary or special pre$audit, as are necessary
and appropriate to correct the deficiencies. It shall 0eep the general
accounts of the #overnment and, for such period as may be provided
by law, preserve the vouchers and other supporting papers pertaining
thereto.
o e"clusive authority, sub&ect to the limitations in this 'rticle, to define the scope of its audit
and e"amination, establish the techni/ues and methods re/uired therefor, and promulgate
accounting and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, e"cessive, e"travagant, or unconscionable
e"penditures or uses of government funds and properties.
o ,'3% +'SS ' 4'W !2!1+%I3# #)-% !3%I%I!S or anything with +*94I, F*3DS from the
&urisdiction of the commission
o Submit annual reports to the president on the financial condition of the #)-%
A.T '@/
$ower of 'nAuiry
o %a0en from 7?>: ,onstitution 'R% -III S!, @. !"act words used e"cept that the old
provision was for a unicameral legislature.
o 3o e"press provision in the 7?:F constitution but was upheld as a valid legislative power
in 'rnault v. 3azareno J7?FEK
+ower of in/uiry$ with process to enforce it$ is an essential and appropriate
au"iliary to the legislative function. ' legislative body cannot legislate wisely or
effectively in the absence of information respecting the conditions which the
legislation is intended to affect or changeL e"perience shows that mere re/uests
for such information are often unavailing, and also that information which is
volunteered is not always accurate of completeC so some means of compulsion is
essential to obtain what is needed.
,o$e"tensive with the power to legislate grounded on the necessity of
information in the legislative process.
o 4imits to the power.
9engzon v. Senate 9lue Ribbon committee 8 there 1*S% be properly in aid of
legislation and 1*S% 3)% usurp powers of the &udiciary wAc can be avoided by
indicating in invitations the information sought and the purpose it is sought for.
'R% -I S!, 67. 8 Rules of procedure must be published and the rights of
persons who appear must be respected.
o !"emptions. !"ecutive privilege.
C*N4T' A.T "'''
4+C 2 in 4+NAT+
v. +@+C.4+C
+rmita
;uestion *our ,losely related to legislative power and is a complement or supplement to legislative
power of in/uiry.
In the conte"t of a parliamentary government it means. %he period of confrontation
initiated by parliament to hold the prime 1inister and the other ministers accountable for
their acts and the operation of the government. 9%&51 Constitution AR! '))) S+C %0-
%:
1andatory nature of Muestion <our as removed in the 7?@> constitution to comply with
the doctrine of separation of powers.
4+NAT+ v.
+@+C.4+C +rmita
)mpeac(ment o I3%I'%I)3 of +R),!!DI3#S
%o file a complaint is synonymous to initiating a complaint
Starts with the filing of the complaint there is no need for collective action because
it is not the body which initiates it. It only approves or disapproves the resolution
%o initiate impeachment proceedings as contained in the te"t of the provision of
S!, :$: was to settle and ma0e it understood once and for all that initiation of
impeachment starts with the filing of the complaint and the vote of 7A: of the
house in a resolution does not initiate which has already been initiated by filing a
verified complaint
o W<!3 IS '3 )FFI,I'4 D!!1!D I1+!',<!DN
When at least 7A: of all the members upholds the complaint, 'rticles of
impeachment are prepared and transmitted to the Senate. It is at this point that
the house I3I%I'%!S the impeachment ,'S!. It is at this point that an
impeachable public official is successfully impeached. %hat is, he or she is
successfully charged with an impeachment ,'S! before the Senate impeachment
court.
Francisco !r. ".
Nagmamalasa#it
na mga
Manananggol ng
mga
Manggagawang
$ili%ino& 'nc
o <ouse of Representatives has the sole power to initiate all impeachment ,'S!S
o 7(o can file< 1ember of the <ouse of Reps or any citizen wA endorsement from a
member of the house
o ,omplaint shall be included in the order of business and referred to proper committee who
will render resolution within 7E session days
o 7A: vote of all members of the house to affirm or contradict committee decision
o If approved <ouse will forward 'rticles of Impeachment to Senate for %rial
o Senate has sole power to try and decide all cases of impeachment ,)3-I,%I)3 needs
C*N4T'
at least 6A: vote of all members of senate
o (udgment is limited to removal from office and DM from holding any public office
o )nly 7 impeachment per year per officer
o ,ongress as a whole S<'44 promulgate rules on impeachment
,ffice of t(e
om6udsman
o Is an independent office wA fiscal autonomy
o Onown as the %'3)D9'5'3 but not synonymous to the old concept of %'3)D9'5'3 who
then became S+!,I'4 +R)S!,*%)R
o 7 overall depute and at least 7 deputy each of 4, - and 1, wA separate deputy for the
military
o 3atural$born citizens at least DEy.o
o ,haracteristics. probity and independence
o 1ember of +hilippine bar practicing law for more than 7E years or is a &udge
o not candidate in preceding elections
o 'ppointed by president from list of H by the (9, and list of three every vacancy 3)
confirmation needed
o -','3,I,!S 1*S% 9! FI44!D WI%<I3 : 1)3%<S
o %erm. > years without reappointment
o 'fter term cant run for office in the immediately succeeding elections
o +R)%!,%)R )F %<! +!)+4!; 1*S% ',% +R)1+%45 on ,)1+4'I3%S against public
officials, govt employees, agency, subdivision or #),,s
P,7+R AND D#!)+S 8,C#S ,N !*)S=
9%: 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, un&ust, improper, or inefficient.
90: Direct, upon complaint or at its own instance, any public official or employee of the
#overnment, or any subdivision, agency or instrumentality thereof, as well as of any
government$owned or controlled corporation with original charter, to perform and
e"pedite any act or duty re/uired by law, or to stop, prevent, and correct any abuse
or impropriety in the performance of duties.
91: Direct the officer concerned to ta0e appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure,
or prosecution, and ensure compliance therewith.
92: Direct the officer concerned, in any appropriate case, and sub&ect 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 ,ommission on 'udit
for appropriate action.
93: Re/uest any government agency for assistance and information necessary in the
discharge of its responsibilities, and to e"amine, if necessary, pertinent records and
documents.
94: +ublicize matters covered by its investigation when circumstances so warrant and
with due prudence.
95: Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the #overnment and ma0e recommendations for their elimination and
the observance of high standards of ethics and efficiency.
9.: +romulgate its rules of procedure and e"ercise such other powers or perform such
functions or duties as may be provided by law.
C*N4T' and
Almonte v.
"asAue(
o !ven if offense is not related to functions of public office by the fact that a public officer
committed the offense the )mbudsman has &urisdiction
eloso v.
omingo
o <as the power to impose preventive suspension during investigation
Buenaseda v.
Flavier
8ilipino 8irst
policy
o Section %>.
%he ,ongress shall, upon recommendation of the economic and planning agency,
when the national interest dictates, reserve to citi?ens of t(e P(ilippines or
to corporations or associations at least sixty per centum of w(ose
capital is owned 6y suc( citi?ens@ or suc( (i$(er percenta$e as
Con$ress may prescri6e@ certain areas of investments/ %he ,ongress 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 s(all $ive preference to ualified 8ilipinos/
%he State shall regulate and e"ercise authority over foreign investments within
its national &urisdiction and in accordance with its national goals and priorities.
0123 C*N4T' A.T
@'' 4+C 0;
Re$alian
doctrine
o Doctrine e"tends not only to land but also to Ball natural wealth that may be found in the
bowels of the earth.B Spain, in particular, recognized the uni/ue value of natural resources,
viewing them, especially minerals, as an abundant source of revenue to finance its wars
against other nations.
o *nder the Regalian theory, mineral rights are not included in a grant of land by the stateC
under the 'merican doctrine, mineral rights are included in a grant of land by the
government.
o %he 7?:F ,onstitution adopted the Regalian doctrine, declaring all natural resources of the
+hilippines, including mineral lands and minerals, to be property belonging to the State.
o 7?@> constitution also retained the regalian doctrine
,a Bugal/B,aan
Tribal Association
v .amos
!anuary 83& 8;;B
Service Contract o a contractual agreement for engaging in the e"ploitation and development of petroleum,
mineral, energy, land and other natural resources, whereby a government or an agency
thereof, or a private person granted a right or privilege by said government, authorizes the
other partyPthe service contractorPto engage or participate in the e"ercise of such right
or the en&oyment of the privilege, by providing financial or technical resources,
underta0ing the e"ploitation or production of a given resource, or directly managing the
productive enterprise, operations of the e"ploration and e"ploitation of the resources, or
the disposition or mar0eting of said resources.
,a Bugal/B,aan
Tribal Association
v .amos
Social Austice o 3either communism, nor despotism, nor atomism, nor anarchy, but the humanization of
laws and the e/ualization of social and economic forces by the state so that &ustice in its
rational and ob&ectively secular conception may at least be appro"imated
o %he promotion of the welfare of all the people, the adoption by the government of
measure calculated to insure economic stability of all the competent elements of society,
through the maintenance of a proper economic and social e/uilibrium in the
interrelations of the member of the community, constitutionally, through adoption of
measures legally &ustifiable, or e"tra$constitutionally, through the e"ercise of powers
MaCimo Calalang
". A.. 5illiams&
+T A,.&
No. B32;;
ecember 8& 01B;
underlying the e"istence of all governments
o Founded upon the recognition of the necessity of interdependence among divers and
diverse units of a society and of the protection that should be e/ually and evenly
e"tended to all groups as a combined force in our social and economic life consistent
with the fundamental and paramount ob&ective of the state of promoting the health,
comfort and /uiet of all persons, and of bringing about the greatest good to the greatest
number.
Academic
freedom
o !n&oyed by Binstitutions of higher learningB includes the right to set academic standards
to determine under what circumstances failing grades suffice for the e"pulsion of
student
"illar v. T'$
L"# C,D+B C*AP!+R 3/ - RECALL
S!,. H?. By Whom Exercised. $ %he power of recall for loss of confidence shall be e"ercised by the registered voters of a local government unit to which
the local elective official sub&ect to such recall belongs.
S!,. >E. Initiation of the Recall Process. $ JaK Recall may be initiated by a preparatory recall assembly or by the registered voters of the local
government unit to which the local elective official sub&ect to such recall belongs.
JbK %here shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following.
J7K +rovincial level. $ 'll mayors, vice$mayors, and sanggunian members of the municipalities and component citiesC
J6K ,ity level. $ 'll punong barangay and sangguniang barangay members in the cityC
J:K 4egislative District level. $ In cases where sangguniang panlalawigan members are elected by district, all elective municipal officials
in the districtC and in cases where sangguniang panlungsod members are elected by district, all elective barangay officials in the
districtC and
JDK 1unicipal level. $ 'll punong barangay and sangguniang barangay members in the municipality.
JcK ' ma&ority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against any
elective official in the local government unit concerned. Recall of provincial, city, or municipal officials shall be validly initiated through a resolution
adopted by a ma&ority of all the members of the preparatory recall assembly concerned during its session called for the purpose.
JdK Recall of any elective provincial, city, municipal, or barangay official may also be validly initiated upon petition of at least twenty$five percent J6FQK
of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was
elected.
J7K ' written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner
and a representative of the official sought to be recalled, and in a public place in the province, city, municipality, or barangay, as the case may be, shall
be filed with the ,omelec through its office in the local government unit concerned. %he ,omelec or its duly authorized representative shall cause the
publication of the petition in a public and conspicuous place for a period of not less than ten J7EK days nor more than twenty J6EK days, for the purpose
of verifying the authenticity and genuineness of the petition and the re/uired percentage of voters.
J6K *pon the lapse of the aforesaid period, the ,omelec or its duly authorized representative shall announce the acceptance of candidates to the
position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled.
S!,. >7. Election on Recall. $ *pon the filing of a valid resolution or petition for recall with the appropriate local office of the ,omelec, the ,ommission
or its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty J:EK days after the filing of the
resolution or petition for recall in the case of the barangay, city, or municipal officials, and forty$five JDFK days in the case of provincial officials. %he
official or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, li0e
other candidates, shall be entitled to be voted upon.
S!,. >6. Effectivity of Recall. $ %he recall of an elective local official shall be effective only upon the election and proclamation of a successor in the
person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the
highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.
S!,. >:. Prohibition from Resignation. $ %he elective local official sought to be recalled shall not be allowed to resign while the recall process is in
progress.
S!,. >D. Limitations on Recall. $ JaK 'ny elective local official may be the sub&ect of a recall election only once during his term of office for loss of
confidence.
JbK 3o recall shall ta0e place within one J7K year from the date of the officialIs assumption to office or one J7K year immediately preceding a regular
local election.
S!,. >F. Expenses Incident to Recall Elections. $ 'll e"penses incident to recall elections shall be borne by the ,omelec. For this purpose, there shall be
included in the annual #eneral 'ppropriations 'ct a contingency fund at the disposal of the ,omelec for the conduct of recall elections.