ARTICLE II.

- FUNDAMENTAL PRINCIPLES AND STATE

POLITICAL LAW REVIEW POLICIES-
Part I
Generally not self-executing provisions (KILOSBAYAN V.
by MORATO, 246 SCRA 540)

MIGUEL B. Section 1. The Philippines is a democratic and republican

Cordilleras state. Sovereignty resides in the people and all government
LICERALDE SR. authority emanates from them.
University of the
Chapter I.
III. PHILIPPINES AS A STATE
A. INTRODUCTION
a. “State” defined; distinguished from “nation” Collector vs.
1. Political law –defined [Macariola v. Asuncion, 114
Rueda, 42 SCRA 23 [1971]
SCRA 77]
2. Scope of Political Law
b. Elements of State (people, territory, government,
3. Constitution-defined and classified.
sovereignty)
4. Parts of a written constitution
1). PEOPLE
5. Interpretation & construction of the Constitution;
a). As inhabitants-Sec. 1,Art. XIII; Sec. 15, Art. II;
a. Self-executing & non self-executing (Manila
Sec. 2, Art. III
Prince Hotel vs. GSIS, 267 SCRA 408
[1997]. Art. II provisions generally not self-
b). As citizens- Preamble; Sec. 1 & 4, Art. II; Sec. 7,
executing provisions (Kilosbayan v. Morato,
Art. III
246 SCRA 540)
6. Historical background:
c). As electors- Sec. 4, Art. VII; Sec. 2, Art. XVI; Sec.
a. Malolos Constitution
25, Art. XVIII
b. American Organic Acts
c. 1935 Constitution
2) TERRITORY; ARTICLE I- National Territory
d. 1973 Constitution
a). What is the scope and how is the national territory
e. 1985 snap presidential election
defined under the 1935, 1973, 1987 Constitution?
f. READ: concurring opinion of J. Puno in
b). Reasons for constitutional definition of national territory
Republic v. Sandigan, 407 SCRA 10
under the 1935, 1973 & 1987 constitution.
g. Nature of government after Feb. 25, 1986 up
c). Changes in the definition of the national territory under
to the proclamation (No. 3) of the Freedom
1987 Constitution. Effects?
Constitution on March 24, 1986 (REPUBLIC
v. Sandigan, 407 SCRA 10)
d). Archipelagic doctrine-Elements & Methods in fixing the
base line
h. Freedom Constitution
e). Read: RA 9522 defining the archiplegic baselines; PD
B. THE 1987 CONSTITUTION-
1596 - June 11, 1978- Annexing Kalayaan Islands as
1. Adoption and ratification on 02 Feb. 1987; its
municipality of Palawan; PD 1599 - June 11, 1978-
effectivity (De Leon v. Esguerra, 153 SCRA 602)
Declaring the 200- mile Economic Zone; UNCLOS
2. Supremacy of the Constitution (Manila Prince Hotel
vs. GSIS, 267 SCRA 408 [1997]; exception-Lawyers
MAGALLONA vs. ERMITA, GR 187167, 8/6/11
League for a Better Philippines v. Aquino, GR
73748, 5/22/86; In re: Bermudez
3). Government-defined
a). “Govt. of the Philippines”-defined
see- Sec. 2, Revised Adm. Code
A. PREAMBLE
We, the sovereign Filipino people, imploring the aid of almighty b). Functions of government: constituent (governmental) and
god, in order to build a just and humane society and establish Ministrant (proprietary) Bacani v. Nacoco, 100 Phil 468[1956]
a government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our c). Distinction has become obsolete
patrimony, and secure to ourselves and our posterity the ACCFA v, CUGCO, 30 SCRA 649 (agricultural credit);
blessings of independence and democracy under the rule of NHC vs. JUCO, 134 SCRA 172, (1985) (housing);
law and a regime of truth, justice, freedom, love, equality and (Fontanilla v. Maliaman, 2/27/91-GR 55963 (water
peace, do ordain and promulgate this constitution. irrigation). PEA V. Yujuico, 351 SCRA 280[2001]
(roads) SHIPSIDE, INC. vs. CA, GR 143377 2/20/01-
a. 1987 Preamble compared with the 1973,1935 (special economic zone)

b. Function of the preamble. Is it a source of rights? What are d). De Jure and De Facto governments
its purposes and effects? READ: Aglipay v. Ruiz, 64 Phil Co Kim Chan vs. Valdez, 75 PHIL 113
20I

e). What is the nature of the government under the Freedom
Constitution-Letter of Justice REYNATO PUNO, 210
SCRA 589,598[1992]; Lawyer’s League for a
Better Philippines v. Aquino, 5/22/86
f). What is the legal distinction between EDSA PEOPLE
POWER I and EDSA PEOPLE POWER II? Estrada v.
Arroyo GR. No. 146738. March 2, 2001)
g). Forms of Government- Direct democracy, Assembly,
Parliamentary, Presidential
h). What form of government did we have under the 1973
Constitution as revised under 1981 amendments? Free
Telephone Workers Union v. Minister, 108 SCRA 757,
763-5[1981]
i). Administration distinguished from government
4). SOVEREIGNTY
a). Legal and political
b). Characteristics: permanent, exclusive,
comprehensive, absolute, indivisible, inalienable, and
imprescriptible
THE PROVINCE OF NORTH COTABATO vs. THE
GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES PEACE PANEL ON ANCESTRAL
DOMAIN (GRP), et al., G.R. No. 183591, October 14,
2008
c). Effect of belligerent occupation on sovereignty-
political laws suspended subject to revival but does not
apply to members of the military (Ruffy v. Chief of Staff,
75 Phil 875); -Non political laws continues unless
changed; judicial decisions on political matters during the
occupation deemed annulled (Peralta v. Director of
Prisons, 75 PHIL 285)
d). Effect of change of sovereignty-political laws
abrogated unless reenacted. Macariola v. Asuncion,
114 SCRA 77
e). Sovereignty as “Auto-Limitation”
Reagan v. Commissioner, 30 SCRA 968
People v. Gozo, 53 SCRA 476
Tanada v. Angara, 272 SCRA 8
f). Doctrine of Parens Patriae
Govt. V. Monte de Piedad, 35 Phil 738 ;Cabanas V.
Pilapil, 58 SCRA 94
PRINCIPLES
1. The Philippines as a “democratic and republican state”.
Why was “democratic” added to “republican”? Read:
Tolentino vs. Commission on Elections, 420 SCRA
438(2004);
2. Essential features and manifestations of
republicanism
3. Renunciation of war ; Incorporation Clause; Sec. 2
2
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.
a. Aggressive war vs. defensive war
b. Incorporation vs. Transformation; hard law vs. soft law,
meaning of generally accepted principles of international law –
Pharmaceutical and Health Care Assn. vs. Duque, GR
173034, 10/9/07
c. Incorporation Clause and related matters
Kuroda v. Jalandoni, 83 Phil 171
Agustin v. Edu, 88 SCRA 195
ISAE vs. QUISUMBING, 333 SCRA 13
On UN Declaration of Human Rights
Mejoff v. Director of Prisons, 90 Phil. 70
Salonga v. Hermoso, 97 SCRA 121
Mijares v. Rañada, 455 SCRA 397 (2005)
Shangri-la v. Developers Group of Companies, Inc., 486
SCRA 405 (2006).
Government of Hongkong Special
Administrative Region v. Olalia, 521 SCRA 470 (2007)
c. IN CASE OF CONFLICT, WHICH SHOULD PREVAIL ?
Treaty or Constitution or law ? SEE ruling in Balikatan 02-1 in
LIM et al. Vs. Exec. Sec., GR 15445, 4/11/02
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.
a. The President as Commander in chief
b. READ Sec 18, Art. VII-
c. Civilian supremacy-not diminished by calling the marines to
maintain peace and order or suppress violence (IBP vs.
ZAMORA, 338 SCRA 81
d. role of the military
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, in the fulfillment thereof, all
citizens may be required, under conditions provided by law,
to render personal military or civil service.
a. Refusal to enlist (P. V. Lagman, 66 Phil 13 [1913])
Section 5. the maintenance of peace and order, 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.
a. Correlative provisions
1). Sec. 5, Art. III-non establishment/free exercise and
religious test
2). Sec. 28(3) Art. VI-tax exempt
3). Sec. 29 (2) Art. VI-non appropriation clause
4). Par C, 2 (5), Art. IX-religious party
 5). Sec. 3(3) Art. XIV-optional religious instructions in
public schools
b. READ:
Aglipay v. Ruiz, 64 Phil 201
(1) benevolent neutrality or accommodation, whether
mandatory or permissive, is the spirit, intent and
framework underlying the religion clauses in our
Constitution; and (2) in deciding respondent’s plea of
exemption based on the Free Exercise Clause (from the
law with which she is administratively charged), it is the
compelling state interest test, the strictest test Estrada vs.
Escritor, 492 SCRA 1(2006)
STATE POLICIES
SECTION 7- The state shall pursue and 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.
What is the consideration for foreign relations?
SECTION 8. – The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.
a. What is the meaning of the policy?
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.
a. Read: Article XIII
b. Social Justice: Definition & Concept-
Calalang v. Williams, 70 Phil 726;
Alalayan v. NPC, 24 SCRA 172;
Tuazon v. Land Tenure, 31 SCRA 413
c. Social justice, tempered-
Astudillo v. Board, 73 SCRA 15 [1976]
Salonga v. Farrales, 105 SCRA 359, 369[1981]
d. Compare the Social Justice provisions under the 1935,
1973, 1987 Constitutions
Section 11. The state values the dignity of every human
person and guarantees full respect for human rights.
READ: Article XIII, Sec. 17-19
Section 12. The state recognizes the sanctity of family life
and shall protect and strengthen the family as a basic 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.
a. READ: Article XV
3
b. The family
Cabanas v. Pilapil, supra
c. The unborn-limitation to abortion to avoid application of Roe
v. Wade, 4410 US 113 [1973]
d. Rearing of the youth-as primary and natural right and duty
of parents
Meyer v. Nebraska, 260 US 260 [1922]
Pierce v. Society of Sisters, 268 US 510 [1925]
Ginsberg v. New York, 390 US 629 [1968]
Wisconsin v. Yoder, 106 US 205 [1972]
Angeles v. Judge Sison, 112 SCRA 26 [1982]
Section 13. the state recognizes the Vital role of the youth in
nation building, and shall promote and protect their physical,
moral, spiritual, intellectual well being. it shall inculcate in the
youth patriotism and nationalism, and encourage in public and
civic affairs.
People v. Ritter, 194 SCRA 690
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.
See: Sec. 14 of Article XIII
Section 15. the state shall protect and promote the right to
health of the people and instill health consciousness among
them.
See: Article XIII, Secs. 11-13 (social justice provisions)
Construction of high voltage electric transmission lines may
be enjoined - HERNANDEZ et al., v. NPC, GR. 145328,
3/23/06
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.
An enforceable right- Oposa v. Factoran, 7/30/93 which can
be enforced by Mandamus(MMDA v. Concerned Residents
of Manila Bay, 643 SCRA 90 [2011]
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.
read also Article XIV
Section 18. the state affirms labor as primary social
economic force. it shall protect the rights of workers and
promote their welfare.
See: Sec. 3 Article XIII
Section 19. The state shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
READ: Article XII-National Economy and Patrimony
b. Meaning of self reliant and independent: not in isolation-
Tanada v. Angara, 5/2/97
Section 20. The state recognizes the indispensable role of ON ANCESTRAL DOMAIN, G.R. No. 183591, October 14,
the private sector, encourages private enterprise, and provides 2008.
incentives to needed investments.
“LET ALONE POLICY”
Marine Radio v. Reyes, 11/6/90 (on role of private sector)
ARTICLE VI.
Section 21. The state shall promote comprehensive rural
development and agrarian reform.
LEGISLATIVE DEPARTMENT
READ: Sec. 4-10 of Article XIII Separation of Powers
PD 27, RA 3844 and 6389, CARP (RA 6657, as extended by A. To avoid concentration of powers/authority
CARPer, RA 9700) B. Sample cases on separation of powers:
 Planas v. Gil, 67 Phil 62
 Santiago/Tatad v. Guingona, 11/18/98
Section 22. The state recognizes and promotes the rights
 Garcia v. Macaraig, 39 SCRA 106
of indigenous cultural communities within the framework of
 Dolalas v. Ombudsman, 12/24/96
national unity and development.
 Power of Investigation vs. Executive Privilege-
See: Article X, XII, XIV and XVI
SENATE OF THE PHIL. et al., vs. ERMITA, GR No.
Read: IPRA LAW, RA 8371
169777, April 20, 2006- constitutionality of EO 464
CRUZ & EUROPA vs. DENR, 347 SCRA 128, GR
135385, 12/6/00
 ABAKADA GURO PARTY LIST vs. HON. CESAR V.
PURISIMA- on joint congressional oversight
Section 23. The State shall encourage non-governmental, committee to approve executive implementing rules
community-based, or sectoral organizations that promote the
welfare of the nation. C. Blending of powers
See: Sec. 15 & 16 of Article XIII  instances: appointment, amnesty, appropriation,
ratification of treaties
Section 24. The state recognizes the vital role of
communication and information in nation-building. D. Principle of Checks and Balances
See Article XVI, Secs. 10 and 11  legislative power- spending power, confirmatory
power, treaty ratification
Section 25. The state shall ensure the autonomy of local  executive power- veto, appointment, clemency
governments.  judicial power – judicial review
Read: Article X
1991 Local Government Code; its features on autonomy ARTICLE VI
Legislative Department
Section 26. The state shall guarantee equal access to
opportunities for public service, and prohibit political dynasties Section 1. The legislative power shall be vested in the
as may be defined by law. Congress of the Philippines, which shall consist of a Senate
and a House of Representatives, except to the extent reserved
Not self-executing; nuisance candidates to the people by the provision on initiative and referendum.
PAMATONG vs. COMELEC, G.R. No. 161872, April 13, 2004
Powers of Congress
Note: the bill of political dynasty remains a bill in Congress legislative and non legislative

Section 27. The state shall maintain honesty and integrity 1) Legislative power-defined
in the public service and take positive and effective measures a) kinds-
against graft and corruption. original/derivative
Read: Article XI on Accountability of Public Officers constituent/ordinary

2) Basic Concepts of legislative power

Section 28. Subject to reasonable conditions prescribed
a) no passage of irrepealable laws
by law, the State adopts and implements a policy of full public
including imposition of a higher majority for its
disclosure of all its transactions involving public interest.
repeal KIDA v. SENATE, 659 SCRA 270
b) separation of powers
(EO 464) SENATE vs. ERMITA, GR No. G.R. No. 169777, c) non-delegability
April 20, 2006, 3) Nature-inherent
Read: Sec. 7 Art. III- Right to information and access to 4) Limits to legislative power
official records a) Substantive
b) Procedural
The right to information guarantees the right of the people to 5) Substantive limitations
demand information, while Section 28 recognizes the duty of i) Express limitations- Constitutional limitations
officialdom to give information even if nobody demands. THE ii) Implied limitation-
PROVINCE OF NORTH COTABATO vs. GRP PEACE PANEL
4
 (1) Principle of Non-delegation (delegata
potestas non delegari potest)
(a) corollary to separation of powers
(b) applies to the three(3) powers of
government
(c) And ALSO to grant of legislative
franchise – Jaworksi vs. PAGCOR and
SAGE, GR No. 144463, 1/4/04
iii) Permissive Delegation of Legislative Power
(1) Delegations provided under the Constitutions
(a) Tariff powers of the President -Sec. 28
(2) Art. VI
(b) Emergency powers to the Pres.-Sec. 23
(2) Art. VI
(2) Delegations to Local Governments - Sec. 5
Art. X
(3) Delegation of Rule-making power to
Administrative bodies;
(a) May rules and regulations issued by
Adm. Bodies have the force and effect
of a law?
Delegation to the People (Sec. 32 Art. VI)
Requisites for a valid delegation by a law
1. Completeness test- the law must set forth the policy
2. Sufficient Standard test- the law must set forth the
limits within which the delegate must conform
Cases:
 delegation to the executive department- Pelaez v.
Auditor General, 15 SCRA 569; US v. Ang Tang
Ho, 43 Phil 1 [1922]; P. v. Rosenthal, 68 Phil 328
[1939]; delegated power to remove BIR and BOC
officials under the Attrition Law. ABAKADA GURO
PARTY LIST vs. PURISIMA, G.R. No. 166715,
August 14, 2008
 delegation to administrative bodies/agencies-rule
making power -Tablarin v. Gutierrez, 152 SCRA
730 [1987] ; Eastern Shipping v. POEA, 166 SCRA
533 [1988]; Araneta v. Gatmaitan, 101 Phil 328
[1957]; P. v. Maceren, 76 SCRA 450 [1977]; CEBU
OXYGEN V. Sec. DRILON, 8/2/89
 delegation to the courts- P. v. DACUYCUY, 5/5/89
 delegation to local governments- LOCAL
GOVERNMENT CODE; RUBI V. PROV. BOARD,
39 PHIL 660; P. v. Vera, 65 Phil 5
SEC. 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.
SEC. 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
5
registered voter, and a resident of the Philippines for not less
than two years immediately preceding the day of the election.
SEC. 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 for which he was elected.
Composition, qualification and election of senators
 May Congress add drug testing as a qualification?
PIMENTEL, JR. vs. COMELEC, G.R. No. 161658,
November 3, 2008
 May a senator may serve more than two terms? Yes.
SEC. 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.
Membership in the house may exceed 250 if Congress decides
to create legislative districts. Tobias v. Abalos, 239 SCRA 106
(1994)
Only Congress can create provinces and cities because the
creation of provinces and cities necessarily includes the
creation of legislative districts, a power only Congress can
exercise under Section 5, Article VI of the Constitution and
Section 3 of the Ordinance appended to the Constitution.
[Sema vs. Commission on Elections, 558 SCRA 700(2008)]
(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.
RA 7941- party list-law
VETERANS FEDERATION PARTY et al., vs. COMELEC, et
al., 342 SCRA 244 [10-6-00]- the provision provides for the
ceiling;-RA 7941, providing for requirement of 2% of the total
votes cast to qualify for one representative is valid.
Who may participate in the party-list election? Ang Bagong
Bayani et al., vs. COMELEC, et al., GR 147589, June 26,
2001
BANAT vs. COMELEC, 592 SCRA 294- Clarifying and
summarizing the application of 2% vote requirement and the 3-
seat cap. under RA 7941.
BELLO v. COMELEC, Dec. 7, 2010- jurisdiction over the
qualifications of party list nominee.
New parameters on party list (ATONG PAGLAUM, INC. v.
COMELEC, GR No. 203766, 4/3/13, consolidated cases)
(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.
What is “Gerrymandering?”
ALDABA et al., vs. COMELEC, 611 SCRA 137 [2010]
(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.
This merely directory.
SEC. 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.
Qualifications of members of the house
CASES:
Residence requirement means DOMICILE- Animus revertendi-
Marcos v. COMELEC, 248 SCRA 300; Intent to acquire new
domicile must be coupled with overt acts-Aquino v.
COMELEC, 248 SCRA 400
Domino v. COMELEC, GR 1344015, July 19, 1999
SEC. 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.
1. On term limits- not more than three consecutive terms.
2. Running for another office is voluntary renunciation-
Dimaporo v. Mitra, 10/15/91
SEC. 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.
Regular date of election-2nd Monday of May, but may be
changed by law
6
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.
Congress cannot be compelled to hold special elections.
(Lozada v. COMELEC, 95 SCRA 337)
SEC. 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.
PHILCONSA V. Gimenez, 15 SCRA 479
Ligot v. Mathay, 56 SCRA 823
SEC. 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.
People v. JALOSJOS, GR 132875 2/3/00
(concurring opinion of J. Gonzaga-Reyes)
Osmena v. Pendatun, 109 PHIL 863
Jimenez v. Cabangbang, 17 SCRA 876
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.
1. full disclosure of their financial and business interests.
2. notify the House of a potential conflict of interest arising
from the filing of a proposed legislation of which they are
authors.
SEC. 13.
No Senator or a 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.
Incompatible and Forbidden offices
PNRC, not gov’t owned or controlled-LIBAN v. GORDON, 593
SCRA 68 (2009)
SEC. 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.
Inhibitions and Disqualifications- rationale
 the prohibition does not preclude the appearance of
the law firm of which the legislator is a member
 BUT The prohibition cannot be circumvented by
indirection- Puyat v. De Guzman, 113 SCRA 31
SEC. 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.
Regular and special sessions.
SEC. 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.
No rule for the selection of minority leader; Santiago v.
Guingona, 11/18/98
(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.
Quorum.
Avelino v. Cuenco, 83 Phil 17; MR 3/14/49
(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 for suspension, when imposed, shall not
exceed sixty days.
Internal Rules
Arroyo v. De Venecia, 277 SCRA 268
Arroyo v. De Venecia , 6/26/98
7
Need not be published unless required by the rule itself for
effectivity-PIMENTEL v. Senate Committee as a Whole,
March 8, 2011
Discipline
Osmena v. Pendatun, 109 Phil 863
Paredes v. Sandigan, GR 118364, 8/10/95
(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.
Journals
US v. Pons, 34 Phil 729
Enrolled Bill theory
Mabanag v. Lopez Vito, 78 Phil 1
CASCO v. Gimenez, 7 SCRA 347
Tolentino v. Sec. , 235 SCRA 630
PJA V. Prado, 227 SCRA 703
Astorga v. Villegas, 56 SCRA 714
(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.
Recess, Adjournments
SEC. 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 it Chairman.
Electoral Tribunals
Angara v. Electoral Commission, 63 Phil 13
Tanada v. Cuenco, 100 Phil 1101
Suanes v. Disbursing Officer, 10/26/48
Abbas v. SET, 166 SCRA 651
Lazatin v. COMELEC, 157 SCRA 337 [1988]
Lazatin v. HRET, 168 SCRA 391[1988]
Bondoc v. Pineda, 201 SCRA 792
Lerias v. HRET, 10/15/91
Sanchez v. COMELEC, 153 SCRA 67 [1987]
Chavez v. COMELEC, 7/3/92
Arroyo v. HRET, 7/14/95
Even if proclaimed and has assumed office, if the validity of
the proclamation is still within the jurisdiction of the
COMELEC, the HRET cannot assume jurisdiction. Codilla v.
De Venecia, GR No. 150605, 12/10/02

SEC. 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 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.
Proportional representation
Daza v. Singson, 180 SCRA 496 [1989]
Guingona v. Gonzales, 10/20/92 & 3/1/93
SEC. 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.
Constitution of The Electoral Tribunals and the Commission on
Appointments
SEC. 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 incurred for each Member.
The records and books of accounts of the Congress
SEC. 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.
Power of contempt inheres in the conduct legislative inquiries;
Arnault v. Nazareno, 87 PHIL 29; Senate is a continuing
body, and may order the detention of a contumacious witness
indefinitely (subject to due process clause). Arnault v.
Balagtas, 97 PHIL 358 [1955]
But cannot be exercised if it is not in aid of legislation-where
there is no pending legislative agenda. Bengzon v. SENATE
Blue Ribbon Committee, 203 SCRA 767
SENATE OF THE PHIL. et al., vs. ERMITA, GR No. G.R. No.
169777, April 20, 2006- constitutionality of EO 464
8
The rules of procedure must be published by the senate of
each congress. NERI V. SENATE COMMITTEE ON
ACCOUNTABILITY OF PUBLIC OFFICERS AND
INVESTIGATIONS G.R. NO. 180643, MARCH 25, 2008, 549
SCRA 77, 135-136
GUTIERREZ V. THE HOUSE OF COMMITTEE ON JUSTICE,
Prior publication of rules of procedure is essential to validity of
the investigation- GARCILLANO vs. THE HOUSE OF
REPRESENTATIVES, G.R. No. 170338, December 23, 2008.
Local legislative bodies do not have the inherent power-
Negros Oriental II Electric Coop vs. SP, 155 SCRA 421
[1987]
SEC. 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.
appearance of the heads of departments
SEC. 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.
declaration of the existence of war – 2/3 vote of both Houses in
joint session assembled, voting separately
(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.
 Emergency powers coterminous with the existence of
emergency (Araneta v. Dinglasan, 84 Phil 369)
 And may be withdrawn by Congress by mere
resolution (Rodriguez v. Gella, 92 Phil. 603
 The president may declare a state of emergency but
cannot exercise emergency powers without
authorization from Congress. (David vs. ARROYO,
GR No. 171396 (PP 1017, 1021) National
Emergency)
SEC. 24.
All appropriation, revenue or tariff bills, bills authorizing
increase of 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.
Meaning of “shall originate exclusively in the House of
Representatives”
Tolentino v. Sec., 235 SCRA 630
Tolentino v. Sec., 249 SCRA 628 (EVAT)
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 appropriation
to which it relates.
No riders in an appropriation bill
Garcia v. Mata, 65 SCRA 517
(3)The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving appropriations
for other departments or agencies.
(4) A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to be raised
by a corresponding revenue proposed therein.
(5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the Constitutional
Commissions 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.
No transfer of funds; possible only if within the
department
Demetria v. Alba, 148 SCRA 208
(6) Discretionary funds appropriated for particular officials
shall be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may
be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed
by the Congress.
Section 26. (formal requirements of bills)
9
(1) Every bill passed by the Congress shall
embrace only one subject which shall be expressed in the title
thereof.
Title of Bills- Sec. 26 (1)
Lidasan v. COMELEC, 21 SCRA 496
Tio v. VRB, 151 SCRA 208 [1987]
(2) No bill passed by either House shall become a
law unless it has passed three readings on separate days, and
printed copies thereof in its final form have been distributed to
its members three days before its passage, except when the
President certifies to the necessity of its immediate enactment
to meet a public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the yeas
and nays entered in the Journal.
Tolentino V. Sec. , 235 SCRA 630
Section 27.
(1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves
the same, he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it 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 House shall agree to pass
the bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that House, it
shall become a law. In all such cases, the votes of each House
shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal.
The President shall communicate his veto of any bill to the
House where it originated within thirty days after the day 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, but the
veto shall not affect the item or items to which he does not
object.
A. Give the Three(3) ways by which a bill may become a
law?
B. Define:
Veto, Veto Message
Cases:
Bolinao Electronics v. Valencia 11 SCRA 486
Gonzales v. Macaraig, 191 SCRA 452
Com. Of Internal Revenue V. CTA, 5/14/90
PHILCONSA V. Enriquez, 8/19/94
LEGISLATIVE VETO- power of joint congressional oversight
committee to approve executive implementing rules, void.
ABAKADA GURO PARTY LIST vs. HON. CESAR V.
PURISIMA-
Section 28.
(1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.

Uniformity
Garcia v. Exec. Sec, 211 SCRA 219
PEPSI v. City of Butuan, 24 SCRA 789
Sison, Jr. v. Ancheta 215 Phil. 582 (1984)
Progressive system
Tolentino v. Sec. , 10/30/95
(2) The Congress may, by law, authorize the President to
fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the
framework of the national development program of the
Government.
(3) Charitable institutions, churches and parsonages or
covenants appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used
for religious, charitable, or educational purposes shall
be exempt from taxation.
– exemption from property tax only- Lladoc v. CIR, 14 SCRa
292 ; and there must be proof of actual use. ABRA V.
Hernando, 107 SCRA 104
(4) No law granting any tax exemption shall be passed
without the concurrence of a majority of all the Members of
the Congress.
Section 29. (1) No money shall be paid out of the
Treasury except in pursuance of an appropriation made by law.
Implicit: Public Purpose
Pascual v. Sec. , 110 PHIL 331
Public funds may be disbursed only by law-
Guingona v. Carague, 4/22/91
Alba v. Perez, 9/24/87
(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,
sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as
such, except when such priest, preacher, minister, or dignitary
is assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium.
Non sectarian purposes
Aglipay v. Ruiz, supra
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for
such purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.
Meaning of Special Fund
Osmena v. Orbos, 3/31/93
10
Section 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
Section 27 of R.A. No. 6770 (Ombudsman Act of 1989),
providing appeals in administrative disciplinary cases from the
Office of the Ombudsman provides an appeal to the Supreme
Court, void. Fabian v. Desierto. G.R No. 129742, September
16, 1998,
Section 31. No law granting a title of royalty or nobility
shall be enacted.
Section 32. The Congress shall, as early as possible,
provide for a system of initiative and referendum, and the
exceptions therefrom, whereby 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 after
the registration of a petition therefor signed by at least ten 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 thereof.
A. Kinds of INITIATIVES-
initiative on national legislations (sec. 32)
initiative on local legislations (sec. 32)
initiative on constitutional amendments (see Sec. 2 Art.
XVII)
B. RA 6735 (Initiative and Referendum Law)
Initiative can cover local “resolutions”Garcia v. Comelec, 237
SCRA 279; SUBIC BAY v. Comelec, 9/26/96
OTHER POWERS OF CONGRESS
as Presidential Board of Canvassers (Art. VII, Sec.4)
Power of Confirmation to:
- the nominee of the President among members of
Congress in case of vacancy in the office of the Vice
President (Art. VII, Sec. 9)
- the nomination of the President requiring confirmation
by the Commission on Appointment (Art. VII, Sec. 16,
first sentence)
Power to judge fitness of the President (Art. VII, Sec. 11)
Power to revoke or extend suspension of the privilege of the
writ of habeas corpus or declaration of Martial law. (Art. VII,
Sec. 18)
Power to declare existence of war by 2/3 vote, voting
separately (Art. VI Sec. 23 (1))
Power of concurrence-
-by majority vote of all members in presidential amnesties
(Art. VII, Sec. 19)
-by 2/3 vote by all members of the senate in treaties and
international agreements. (Art. VII, Sec. 21.
Power of impeachment (Art. XI, Sec. 2)
Power to propose amendments or revision to the Constitution
(Secs. 1 & 2, Art. XVII, Constitution)
ARTICLE VII
Executive Department
Section 1. The executive power shall be vested in the
President of the Philippines.
Executive power
in general- He is the chief executive and no other- Villena vs.
Sec. Of Interior, 67 Phil 451 [1939]; all executive authority is
thus vested in him- Planas v. Gil, 67Phil 62
executive power vs. legislative power – KMU et al vs.
DIRECTOR, NEDA et al., GR No. 167798, April 19, 2006 – on
constitutionality of unified ID system of government agencies
under EO 420
Power to reorganize-
ANAK MINDANAO PARTY-LIST GROUP vs. THE
EXECUTIVE SECRETARY, G.R. No. 166052, August 29,
2007.
Specific and Residual powers
Marcos v. Manglapus, 177 SCRA 668 [1989]; Marcos v.
Manglapus, 178 SCRA 760 [1989] ; but not in disposition of
national assets-Laurel v. Garcia, 187 SCRA 797
Power to declare state of rebellion- SANLAKAS vs.
EXECUTIVE SECRETARY, G.R. No. 159085,
February 3, 2004
Head of State
 Immuned from suit during their tenure-In re:
Bermudez, 145 SCRA 160 (1986); BUT may waive it-
Soliven v. Makasiar, 167 SCRA 393 [1988], BUT a
suit against the subordinates of the President to
question the acts of the latter does not violate
presidential immunity. (GLORIA vs. CA, 338 SCRA 5)
 EXECUTIVE PRIVILEGE vs. legislative inquiry (EO
464) SENATE et al., vs. ERMITA, GR No. G.R. No.
169777, April 20, 2006. In diplomatic exchanges
-AKBAYAN et al., vs. Thomas Aquino, GR 170516,
7/16/08
 Power to negotiate for peace-THE PROVINCE OF
NORTH COTABATO vs. THE GOVERNMENT OF
THE REPUBLIC OF THE PHILIPPINES PEACE
PANEL ON ANCESTRAL DOMAIN (GRP), G.R. No.
183591, October 14, 2008.
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.
11
Qualifications, term and manner of election of the President
and Vice President. The Vice President may or may not be
appointed as a member of the cabinet.
TECSON vs. COMELEC, G.R. No. 161434, March 3, 2004 &
other cases.
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 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
reelection. 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 consecutive 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 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 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.
 The President is entitled to only one term. Any person who
succeeds the presidency and served more than FOUR
years can no longer run for the presidency.
 In case of tie, the tie shall be broken by a vote of
MAJORITY OF ALL members of Congress voting
SEPARATELY.
 Congress acts as board of canvassers; cannot be usurped
by Comelec by conducting a quickcount- BRILLANTES,
JR. vs. COMELEC, G.R. No. 163193, June 15, 2004.
 Supreme Court as the Presidential Electoral Tribunal-
constitutional? (MACALINTAL vs. PET, 635 SCRA
783[2010])
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.)
The oath is not a source of power, but a solemn oath of the
President’s (VP’s) to emphasize the extent of his
responsibility.
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.
The prohibition is against decrease in salaries DURING
THE TENURE. What about increase? It is allowed, but to
take effect after the expiration of the term of the incumbent
when the increase was approved (by Congress of course!).
There is likewise prohibition against receiving 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 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 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.
Vacancy occurring at the start of the term of the President.
12
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.
Vacancy occuring during the term,
In case of death, permanent disability, removal or
resignation of the President, the Vice President BECOMES
the President.
ESTRADA vs. GMA, GR 146710-15 March 2, 2001 (on
resignation)
Vacancy in BOTH the office of Pres. & VP on the foregoing
grounds
Senate President (in case of his inability, the House
Speaker) ACTS as President until the President or VP shall
have been elected and qualified. Congress shall pass a law
designating who shall act as president in case of death,
permanent disability, removal or resignation of 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 of a majority vote of
all the Members of both Houses of the Congress, voting
separately.
In case the vacancy is in the office of the Vice President
ALONE, it may be filled up by the President by nominating
a member of Congress who shall be confirmed by
MAJORITY VOTE of ALL members of Congress, both
houses 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 VI of this Constitution and
shall become law upon its approval on third reading by the
Congress. Appropriations for the special elections shall be
charged against any current appropriations and shall be
exempt from the requirements of paragraph 4, Section 25,
Article VI 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.
Vacancy in both office of the Pres. And VP (Sec. 10) Congress
shall enact a law calling for special election. No special
election if vacancy is within 18 months of coming 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 the 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.
In case of Presidential disability under Sec. 11 & 12, when
there is a written declaration (transmitted to Senate
Pres./House speaker) by the President of his inability to
discharge his powers, VP acts as President. In a written
declaration (transmitted to Senate Pres./house speaker) by
majority of the cabinet, VP acts as President.
But if the President makes a written declaration that no
inability exists, he reassumes his powers;
BUT in case, majority of the cabinet transmit within 5 days
to Senate Pres./House Speaker that the President is unable to
discharge the powers and duties of the office, CONGRESS
shall decide the issue by 2/3 vote of both houses voting
separately.
13
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, include ng 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.
President/VP/Cabinet Members/deputies & assistants
 during tenure, cannot hold ANY OTHER OFFICE OR
EMPLOYMENT (except as may be provided by the
Constitution)
 CIVIL LIBERTIES UNION V. EXEC. SECRETARY,
194 SCRA 317(declaring E.O. 284 as
unconstitutional)
 (See Sec. 7 par. (2), Art. IX-B of the Constitution)
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 department, 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
involuntary, but such appointments shall be effective only until
after disapproval by the Commission on Appointments or until
the next adjournment of the Congress.
APPOINTING POWER
  Sec. 14-An ACTING President may make
appointments, but may be revoked by the President-
elect within 90 days from assumption or re-
assumption of office.
 Sec. 15- TWO MONTHS before presidential
elections, the President cannot exercise the power to
appoint EXCEPT temporary appointments to
executive positions when public service or safety
demands it.
 The requirement that vacancy in the judiciary must
be filled up within 90 days pursuant to Sec. 4 and 9
of Article VIII yields to the present provision. Section
15 is directed against two(2) types of appointments:
1) those made for buying votes; 2) those made for
partisan considerations. In re: Hon. Mateo A.
Valenzuela and Hon. Placido B. Villarta, 298
SCRA 408.
Nature- essentially executive (Govt. V. Springer, 50 Phil259),
BUT the constitution allows the legislative, judiciary, including
the constitutional commissions to exercise the power over their
respective personnel.
 Congress cannot usurp the power. (Manalang v.
Quitoriano, 94 Phil 903 [1954])
 power to appoint includes the power to choose only
among those who possess the qualifications provided
by law (Oliveros-Torre v. Bayot, 58 SCRA 274 [1974])
SCOPE- Sec. 16
President is authorized to appoint
1) Heads of executive depts.
Head of a bureau not subject to confirmation by CA
(Sarmiento v. Mison, 156 SCRA 549
2) Ambassadors, other public ministers and consuls
3) Officers of the AFP from rank of colonel or naval captain
4) Officers whose appointment is vested in the President in
the Constitution. Deles v. CA, 9/4/89
5) all other officers of the government whose appointment
is not provided by law. Bautista v. CA, 4/13/89; Nieve
v. CFI, 54 SCRA 165 [1973])
6) those whom he may be authorized by law to appoint
7) The Constitution allows Congress, by law, to vest
appointment of "officers lower in rank"-in the President
alone, courts, heads of depts., agencies, commissions
or boards. RUFINO et al., v. ENDRIGA et al., 7/21/06
NOTES:
 First sentence of Sec. 16 requires the confirmation of
the Commission on Appointments
 ad interim from regular
 Is ad interim appointment a temporary appointment?
No, it’s permanent.. Read: MATIBAG vs.
BENIPAYO et al., [G.R. No. 149036. April 2, 2002])
 The requirement of recommendation by subordinate
officer does not diminish the power of the President,
he may not be bound by such requirement-
Bermudez v. Torres, 311 SCRA 733, 741
 Permanent vs. Temporary APPOINTMENT
 Acting capacity appointment even if Congress is in
session valid- PIMENTEL, JR., et al. vs. EXEC.
SECRETARY, G.R. No. 164978, October 13, 2005.
14
 appointment vs. designation (Binamira v. Garrucho,
188 SCRA 154)
Removal power (implied in the power to appoint)
 for cabinet members and other officials serving at the
pleasure of the president, there is no removal but
expiration of their term
 with respect to other officials, removal must be in
accordance with the Constitution, law
Larin vs. Executive Secretary 280 SCRA 713.- a presidential
appointee who belongs to the career service of the Civil
Service, comes under the direct disciplining authority of the
President.
Section 17. The President shall control of all the executive
departments, bureaus and offices. He shall ensure that the
laws be faithfully executed.
CONTROL POWER-" the power of an officer to alter or
modify or nullify or set aside what a subordinate officer had
done in the performance of his duties and to substitute the
judgement of the former for that of the latter."(Mondano v.
Silvosa, 97 Phil 143 [1955] )
the power merely applies to the exercise of control over the acts of
the subordinate and not over the actor or agent himself of the
act. Disciplinary power flows from the power of appointment
not from power of control (Ang-angco v. Castillo, 9 SCRA
619 [1963])
“control" and "supervision"- distinguished (Drilon v. Lim,
235 SCRA 135
even if it was the department secretary who was authorized
by law, the President may directly exercise the authority.
Araneta v. Gatmaitan, 101 Phil 328
"Control" over officers of govt. Owned or controlled
corporation-by statute (Namarco v. Arca, 29 SCRA 648
[1969])
Qualified Political Agency- defined (Villena v. Sec.,67 Phil 451)
 The executive secretary acting "by authority" of the
President, may reverse a decision of another
department secretary (Lacson-Magallanes v. Pano, 21
SCRA 895 [1967. OR he may even reverse or modify
the construction of a statute given by the secretary of
justice. (Maceda v. Macaraig, Jr. 197 SCRA 771[1991];
Even an ASST. EXECUTIVE SECRETARY acting for the
President, may reverse the decision of the Secretary of
Agriculture and Resources (Roque v. Director of
Lands, 7/1/76)-
 Under this doctrine, a director of the NBI cannot ignore
or defy the order of the Department of Justice, (De
Leon v. Carpio, 10/12/89). Neither can a fiscal add to
the number of accused directed by the Secretary of
Justice to be prosecuted. Noblejas v. Salas, 67 SCRA
47;A fiscal is duty bound to withdraw an information
when ordered to do so under PD 916; Jacob v. Pano,
131 SCRA 144
FAITHFUL EXECUTION CLAUSE
Exercise of executive power as distinguished from exercise of
legislative power – KMU et al vs. DIRECTOR, NEDA et al.,
GR No. 167798, April 19, 2006 – on constitutionality of unified
ID system under EO 420
How does it reconcile with “executive
impoundment.”(PHILCONSA vs. Enriquez, 235 SCRA 506)
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 any 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 the 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 the 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.
Military Power- COMMANDER IN CHIEF
 Significance power - to create court martials to
discipline members of the military and military
commissions to try war criminals and other offenders.
In Aquino v. Military Commission No. 2, 63 SCRA
546, the Supreme Court upheld the power of the
President to create military commission to try civilians
even if the civil courts are open; BUT the same was
reversed in Olaguer v. Military Commission No. 34,
150 SCRA 144, following the "OPEN COURT
THEORY"
15
 a soldier may be restrained by a superior officer from
speaking out on certain matters.Kapunan, Jr. v. De
Villa, 168 SCRA 264 [1988];
 a military officer cannot disobey his superior and
commander in chief and testify before a legislative
inquiry- GUDANI v. SENGA, 8/15/06
CALLING OUT POWER - to prevent or suppress lawless
violence, invasion or rebellion- (most benign compared to
suspension of the privilege and martial law)
 May this power subject to judicial review? IBP vs.
Zamora, 338 SCRA 81
 Sanlakas v. Executive Secretary, G.R. No. 159085,
February 3, 2004, 421 SCRA 656, wherein this Court
sustained President Arroyo's declaration of a "state of
rebellion" pursuant to her calling-out power. BUT a
proclamation of “state of emergency”does not grant
additional power to the President. DAVID vs.
ARROYO, GR No. 171396 (PP 1017, 1021) National
Emergency
SUSPENSION OF THE PRIVILEGE OF THE WRIT OF
HABEAS CORPUS
 Meaning-extent
 Writ of habeas corpus distinguished from WRIT OF
AMPARO and WRIT OF HABEAS DATA
 Is the Suspension of the Privilege of the Writ of
Habeas Corpus and Declaration of Martial law
POLITICAL QUESTION? Sec. 18 has modified the
ruling in Montenegro v. Castaneda, 91 PHIL 882;
Barcelon v. Baker, 5 Phil 87 ; Lansang v. Garcia,
42 SCRA 448 ; Garcia Padilla v. Enrile, 121 SCRA
472
MARTIAL LAW- read: Aquino v. Enrile, 59 SCRA 183
Limitations on the military power: SECTION 18
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.
Clemency powers: Pardon/ Amnesty
Pardon, Commutation, Reprieve defined.
A. Limitations on pardon
 cannot be granted in case of impeachment;
 violation of election law, rule or regulation shall be
with recommendation of COMELEC,
 after final conviction-
The scope of pardoning power of the President extends even
to administrative cases. (Llamas v. Orbos, 10/15/91)
B. Kinds of Pardon:
a. conditional or absolute
  mere commission, not necessarily conviction,
of an offense, a violation of the condition
(Torres v. Gonzales, 152 SCRA 272 [1987];
Espuelas v. Prov. Warden, 108 PHIL 353;
 The determination of the violation of the
conditional pardon rests exclusively in the
sound judgment of the Chief Executive. In re:
Wilfredo Sumulong Torres, 251 SCRA 709.
SAME RULING FINDS APPLICATION IN
CASE OF PAROLE (Tesoro v. Director of
Prisons, 68 PHIL 154 [1939];
b. partial or plenary
A. Effects of Pardon-
 Restores political and civil rights (Pelobello v.
Palatino, 72 PHIL 44;
 But not to reinstatement to public office, although
the pardonee may re-apply for said position
(Monsanto v. Factoran 170 SCRA 190);
 but if actually reinstated & no circumstances would
warrant diminution of rank, justice and equity
dictated that he be given his former rank of
principal (Sabello v. DECS, 12/26/89);
 and if the pardon was based on the innocence of
the pardonee, the pardon extended on the
administrative penalty entitles him reinstatement
with back wages (Garcia v. COA, 9/14/93) ;remits
fines and forfeitures inuring to the government, but
not civil liability to private persons.
No pardon when case pending appeal; appeal must
be withdrawn. (People v. Salle, 12/4/95,
F. Distinctions of Parole and Pardon
 parole involves release from imprisonment but
not restoration of liberty; in parole, the parolee is
still in the custody of the law
Amnesty- granted by the President with concurrence of
Congress AND admission of guilt is now required (Vera v.
People 7 SCRA 152)
Distinction between amnesty and pardon-
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 decisions 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.
CONSTANTINO, JR. vs. HON. JOSE B. CUISIA G.R. No.
106064, October 13, 2005- the power to contract loan may be
16
delegated to a cabinet secretary under the doctrine of qualified
political agency.
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.
On the validity of the VFA applying Section 21 of Art. VII in
relation to Sec.25, Art. XVIII. ( BAYAN vs. ZAMORA, G.R. No.
138570. October 10, 2000)
Section 22. The President shall submit to the Congress
within thirty days from the opening of the 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.
What is Judicial Power? Vested in the judiciary “not merely
some specified or limited judicial power, but the entirety or "all"
of said power, except, only, so much as the Constitution
confers upon some other agency.” Lopez v. Roxas, 17 SCRA
756,761 [1966].
BUT the power cannot be exercised where there is no law
authorizing its exercise.
 Channie Tan vs. Republic, 107 Phil., 632, April 18,
1960, in which this Court ruled that an action for
judicial declaration of citizenship was held not to be a
justiciable controversy, because there is no legislation
authorizing the institution of such proceeding.
 Or to reverse the award of board of judges in an
oratorical contest (Felipe v. Leuterio, 91 Phil 482
[1952]);
 Or invalidate the “ranking of honor students”.
Santiago v. Bautista, 32 SCRA 188 [1970].
Justiciable questions
Sanidad v. COMELEC, 73 SCRA 333
Bondoc v. HRET 9/26/91
Meaning of Political questions review. Pimentel v. HRET, GR No. 14189,
De Llana v. COMELEC, 92 SCRA 30 11/29/02
Arnault v. Balagtas, 97 Phil 358
PBA VS. COMELEC, 10/20/85 Mootness; but capable of repeating yet evading review (David
De Castro v. COMMITTEE, 9/10/85 vs. ARROYO, GR No. 171396 (PP 1017, 1021) National
Emergency)
Expanded power of the judiciary-Sec. 1 Art. VIII- Marcos v.
Manglapus, 177 SCRA 668 [1989] ; Daza v. Singson, 180
SCRA 496 [1989]; Garcia v. BOI, 11/9/90 5. PROPER PARTY- Standing
a. DAVID vs. ARROYO, GR No. 171396 (PP 1017,
POWER OF JUDICIAL REVIEW 1021) National Emergency;
b. Joya v. PCGG, 8/24/93; KILOSBAYAN V.
1. POWER OF JUDICIAL REVIEW(judicial inquiry)- Guingona, Jr., 5/5/94 IBP vs. Zamora, 338 SCRA
meaning? Marbury vs. Madison, 1 Cranch 137 81
(1803) c. Citizenship satisfies the requirement of standing in
the enforcement of public right (Chavez v. PCGG,
2. What is "judicial supremacy"? Angara v. Electoral GR 130716 12/9/98 citing Legaspi v. CSC)
Commission, 63 Phil 13 d. But if no constitutional issue is involved and the
petitioners are not parties to the contract, they have
3. Art. VIII, Sec. 1, Constitution; see also Art. VIII, Sec. no standing to bring the petition. (Kilosbayan, Inc.
4(2); Implicit under Sec. 5(2), Art. VIII, lower courts v. Morato, 246 SCRA 540)
may exercise the power of judicial review (YNOT v.
IAC, 148 SCRA 659 e. Taxpayer’s suits-
Pascual vs. Secretary, supra
4. Functions of Judicial Review
a. Checking Information Tech. Foundation of the Phil., et al.,
b. Legitimating vs. COMELEC et al., GR No. 159139, Jan. 13,
c. Symbolic (SALONGA v. PANO, 134 SCRA 2004
438)
cannot be invoked if the act complained of does not
5. Requisites for its exercise? Dumlao v. Comelec, 95 involve illegal disbursement of public funds. (Anti-
SCRA 392) Graft League of the Phil. Inc. v. San Juan, 260
SCRA 250);
a. Actual case or controversy ripe for adjudication
b. Question of Constitutionality must be raised by It must involve the spending power of Congress -
the proper party GONZALES vs. NARVASA, 337 SCRA 733
c. Constitutional question must be raised at the
earliest opportunity Taxpayers may file an action questioning the
d. The decision of the constitutional question must contracts entered into by the government on the
be necessary to the determination of the case ground that they contract is in contravention of the
itself law. (Tatad v. Garcia, 243 SCRA 436)

6. ACTUAL CASE OR CONTROVERSY
a. TOLENTINO V. SEC. OF FINANCE, 8/25/94
b. Where the question is premised on the
possibility that if Makati is given a new corporate
existence, the terms of local officials would start
all over again and they may run again, there is
no actual controversy to speak of (Mariano v.
Comelec, 242 SCRA 211)
c. It is not ripe for judicial review if Comelec has not
taken any action to enforce Resolution No. 2722
which prohibited newspapers from publishing
accounts or comment which manifestly favor
oppose any candidate or political party of unduly
or repeatedly referring to or including the
publication any candidate or political party. (PPI
v. Comelec, 244 SCRA 272)
d. Only when congress fails to comply with the
directive of the Constitution on proportional
representation of political parties can the party-
list representatives seek recourse to the
Supreme Court under its power of judicial
“A taxpayer must claim that first, public funds are
illegally disbursed, second or that money is being
deflected to any improper purpose, or third that
there is a wastage of public funds through the
enforcement of an invalid or unconstitutional law.”
FRANCISCO vs. HOUSE OF
REPRESENTATIVES, GR 160261, Nov. 10, 2003.
f. May a taxpayer suit prosper other than to
question the disbursement of public funds? YES.
When the suit is intended to compel a government
agency to comply with constitutional duties: 1) the
right of citizens to information on matters of public
concern; 2) to prevent PEA (govt. agency) from
alienating lands of the public domain in violation of
the constitution. Chavez vs. PEA, AMARI, 170
SCAD 323, 7/9/02
g. EXCEPTIONS to the locus standi requirement-
CASES of TRASCENDENTTAL IMPORTANCE
 Issues involved (deregulation of the downstream oil
industry) are of transcendental significance to the
people, the petition may be taken cognizance.
Tatad v. Sec. Of Dept. Of Energy, 11/5/97)

17
  (SolGen v. MDA, 12/11/91)
5. Raising the constitutional issue at the EARLIEST
OPPORTUNITY.-- “Earliest opportunity” means raising the
constitutional issue at the time the petition is filed before the
competent body. (Matibag v. Benipayo, 380 SCRA 49) or at
the trial court.
6. EFFECTS OF DECLARATION OF
UNCONSTITUTIONALITY
1. Orthodox view- Springer v. Govt. Of the Phil, 297 US
189
2. Modern View- Manila Motors Co. V. Flores, 99 Phil
738
Partial Unconstitutionality-
A partial unconstitutionality of a law may still salvage the rest if
the legislature is willing to retain the valid part as such
legislative intent is usually shown by existence of a separability
clause in the law. Or the valid portions can stand
independently. (Bar Flunkers bill, In re Cunanan, 94 Phil
534; Flores v. Comelec, 184 SCRA 484)
Section 2. The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of 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.
Jurisdiction Distinguished from Judicial power
Mantruste systems , Inc. v. CA, 179 SCRA [1989] ; Malaga
v. Penachos, Jr. , 9/3/92
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.
What is the meaning of Fiscal Autonomy? Bengzon v. Drilon,
208 SCRA 133
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 divisions 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, 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
18
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.
-composition?
-cases decided En Banc?
-vote required?
A motion for reconsideration is a matter to be resolved, the
resolution thereof is not a decision that should be brought
before the SC en banc. FORTICH vs. Corona, GR 131457,
Aug. 19, 1999
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) 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.
 judicial powers of SC?
 original jurisdiction?
 appellate jurisdiction?
(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
underprivileged. 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.
What are the non-judicial powers of the Supreme Court?
1. CHANGE OF VENUE
People v. Gutierrez, 36 SCRA 172
2. RULE MAKING POWER
 Echegaray v. Sec. Of Justice, 301 SCRA 96 (1999)
on MR.
 Intermediate review of Death Penalty cases- may be
provided by the Supreme Court- PEOPLE vs.
MATEO, GR 147678-87, July 7, 2004
Writ of Amparo – Sec. of National Defense vs. MANALO,
G.R. No. 180906, October 7, 2008
Writ of Habeas Data,
Section 60 of the CARP law provides appeal from decision
of the Special Agrarian Court by petition for review. Is this
an encroachment by congress on the rule-making power
of the Supreme Court ? NO. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court. The Supreme Court has
not issued yet provided for particular process governing
Special Agrarian Courts. Land Bank v. De Leon, GR No.
143275, 9/10/02
3. ADMISSION TO BAR
In re Cunanan, 94 Phil 534 [1954]
4. BAR INTEGRATION
IN RE : ATTY. EDILLON, 84 SCRA 554
(6) Appoint all officials and employees of the judiciary
in accordance with the Civil Service Law.
Section 6. The Supreme Court shall have the administrative
supervision over all courts and the personnel thereof.
Administrative supervision over judges and court personnel is
the sole authority of the SC; ombudsman has no power to
investigate. (SC power of supervision and Independence of the
Judiciary-Sanz Maceda v. Vasquez, 221 SCRA 464;
Carriedo v. Ombudsman, 12/24/96
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.
19
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Qualifications of a justice of the Supreme Court? What about a
judge under the law?
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 prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no
confirmation.
For the lower courts, the President shall issue the
appointments 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 their continuance in
office, their salary shall not be decreased.
Are the salaries of justices and judges exempt from tax?
Nitafan v. CIR, 152 SCRA 284
Section 11. The Members of the Supreme Court and
judges of lower courts shall hold office during good behavior
until they reached 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 a
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
Security of Tenure
 De Llana v. Alba, 82 SCRA 30 [1982]
But see, 2nd par of Sec. 2
Disciplinary power
Only when the penalty is dismissal that the court must
decide en banc. (People v. Gacott, 246 SCRA 52)
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 functions.
Garcia v. Macaraig, supra
A judge should not accept the designation as member of a
committee performing administrative functions. (In re
Judge Manzano, 166 SCRA 246 [1988]
Section 13. The conclusions of the Supreme Court in any
case submitted to it for decision en banc or in division shall be
reached in consultation before the case is 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 courts.
The absence of certification does not invalidate the decision.
(Consing v. CA., 8/29/89)
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.
SOME REASONS FOR THE REQUIREMENT:
1. assure the parties that the
judge studied the case;
2. to give the losing party
opportunity to analyze the decision and possibly appeal
or, alternatively, convince the losing party to accept the
decision in good grace;
3. to enrich the body of the case
law, especially if the decision is from the Supreme
Court. (Francisco v. Permskul, 5/12/89)
Decisions of the Court
Talabon v. Warden, 44 OG 4326
Bernabe v. Geraldez, 51 SCRA 369
Air France v. Carrascoso, 18 SCA 155 [1956]
No compliance
 VELARDE vs. SOCIAL JUSTICE SOCIETY, G.R.
No. 159357, April 28, 2004
 no findings of facts and simply contained the
conclusion that the prosecution had established the
guilt of the accused beyond reasonable doubt and
the prosecution witnesses are more credible, the
decision is defective. (People v. Viernes, 262 SCRA
641)
20
 The decision is defective if after summarizing the
testimonies of the complainant and the accused and
then ruled that the story of the complainant is more
credible as it did not contain an evaluation of the
evidence and a discussion of the legal questions
involved. It did not explain why the testimony of the
complainant was credible. People v. Bugarin, 273
SCRA 384
People vs. FERRER, 406 SCRA 658 [July 2003]
Sufficient compliance
The decision (one for conviction for murder) is valid even if the
discussion of the evidence was made without citing any
jurisprudence as it is implicit in the discussion of the evidence
that the discussion is made within the context of the law.
(People v. Macoy, 275 SCRA 1)
Minute resolutions
 Mendoza v. CFI, 65 SCRA 96
 Minute resolutions need not be signed nor do they
require certification of the Chief Justice. (Borromeo
v. CA, 186 SCRA 1)
 Prudential Bank v. Castro 158 SCRA 646
 When the Court of Appeals issued a resolution
refusing to give due course to a petition for review
from a decision of the Securities and Exchange
Commission, in effect it adopted the factual findings of
the Securities and Exchange Commission and thus
complied with the constitutional requirement. (JRB
Realty, Inc. vs. CA, 271 SCRA 229)
REQUIREMENT DOES NOT APPLY TO: Comelec- Ruiz v.
Comelec, 3/11/93; or Military Commission- Buscayno v.
Enrile, 102 SCRA 7; or to Civil Service Commission- Dadubo
v. CSC, 223 SCRA 747
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.
Periods of Decisions
Marcelino v. Cruz, 121 SCRA 51
Transitory provisions - Sec. 12, 13, 14
(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
CONSTITUTIONAL COMMISSIONS
ARTICLE IX
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 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 corporation 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.
Decisions
 Under the phrase: “unless otherwise provided by this
Constitution or law,” the Supreme Court promulgated
SC Revised Circular No. 1-91 providing decisions of
CSC reviewable by the CA via Petition for Review
under Rule 43.
21
 EN BANC, Majority of ALL members; not only those
voting and participating - Estrella v. Comelec, 429
SCRA 789 (2004)
 Decision of the COMELEC may be elevated to the SC
under Rule 64 or 65. Macabago v. Comelec, GR No.
152163, 11/18/02
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.
Scope
Including GOCCs with original charters
Appointments to civil service- only according to merit and
fitness thru competitive examinations
EXCEPT: policy-determining, primarily confidential, or
highly technical
Non competitive positions-
1). policy determining- duty to formulate method of action for
the govt or any of its subdivisions.
2). Primarily confidential- denotes not only confidence in the
aptitude of the appointee for the duties of the office but
primarily close intimacy which insures freedom of intercourse
without embarrassment or freedom from misgivings or
betrayals of personal trust on confidential matters of state.
Delos Santos v. Mallare, 87 Phil 287 [1950]
Salazar v. Mathay, 9/30/76
Borres v. CA, 153 SCRA 120 [1987]
Laurel v. CSC, 10/28/91
Cadiente v. Santos, 142 SCRA 280 [1986]

“proximity rule”-
Withal, where the position occupied is remote from that of the
appointing authority, the element of trust between them is no
longer predominant. Grino v. CSC, 194 SCRA 548 (1991)
When may a position considered “primarily confidential”-when
declared –(asst. secretary to the mayor (not primarily
confidential) Samson v. CA., 145 SCRA 654 [1986]
3). Highly technical- "to possess a technical skill or training in
the supreme or superior degree
PD 807 classify positions- tenure purposes
Career or Non Career
Appointing authority bound by statutory "next-in-rank-rule"-
Santiago v. CSC, 10/27/89
Executive or legislative declaration of the position as policy
determining, primarily confidential or highly technical, not
conclusive upon the courts. (PAGCOR v. Rilloraza, 6/25/01)
Extent of CSC powers
-not allowed to disapprove appointment and require another
whom it believes to be more qualified. Central Bank v. CSC,
4/10/89; -neither can it change the permanent appointment
into a temporary one. Luego v. CSC, 143 SCRA 327
Extent of CSC powers
 not allowed to disapprove appointment and require
another whom it believes to be more qualified.
Central Bank v. CSC, 4/10/89;
 neither can it change the permanent appointment into
a temporary one. Luego v. CSC, 143 SCRA 327
3) No officer or employee of the civil service shall be removed
or suspended except for cause provided by law.
"for cause provided by law" covers both procedural and
substantive (Delos Santos v. Mallare, supra)
Non-competitive positions entitled to security of tenure, except
those involving primarily confidential. (Hernandez v. Villegas,
14 SCRA 544 [1965]
"designation" of Manager for PTA (whose appointment should
be made by the President) made by the Secretary of Tourism is
not a valid appointment, hence no security of tenure.
(Binamira v. Garrucho July 23, 1990)
ABOLITION OF OFFICE
-does not violate security of tenure if: Done in Good Faith-
Briones v. Osmena, 104 Phil 588(bad faith) ;Dario v. Mison,
176 SCRA 84;
-Must not be for personal or political reasons and not in
violation of law (Roque v. Ericta, 53 SCRA 156 [1973])
-Sec. 35 of RA 6715 -declaring all positions of the
Commissioners and Labor Arbiters of the NLRC
unconstitutional- (Mayor v. Macaraig, 3/5/91)
22
 Demotion for lack of evidence and proper notice
violates security of tenure and due process. Gen.
Manager, PPA v. Monserate, Gr No. 129616, 4/17/02
 Transfers without consent of the appointed-not merely
assigned- to a particular station are not allowed.
CARINO vs. Executive Director, GR 144493, 4/9/02;
 Even in re-assignment, if it is indefinite, (lasting ten
years), is removal without just cause. Pastor v. City
of Pasig, GR No. 146873, 5/9/02
In Larin vs. Executive Secretary 280 SCRA 713. Being a
presidential appointee, he comes under the direct disciplining
authority of the President.
4) No officer or employee in the civil service shall
engage, directly or indirectly, in any electioneering or
partisan political campaign.
Partisan Political Activity- Sec. 2(3)
Partisan Political Activity
-includes every form of solicitation of the electors vote in favor
of specific candidate. (People v. De Venecia, 14 SCRA 864.
Includes contribution of money for election purposes and
distribution of handbills.
The prohibition notwithstanding, civil service officers and
employees are allowed to vote, as well as express their views
on political issues, or mention the names of certain candidates
for public office whom they support. [Quinto vs. Commission
on Elections, 613 SCRA 385(2010)]
Deemed resigned provisions
 Fariñas, et al. v. Executive Secretary, et al. G.R. No.
147387, December 10, 2003, 417 SCRA 503.
Incumbent Appointive Official.—Under Section 13 of RA 9369,
which reiterates Section 66 of the Omnibus Election Code, any
person holding a public appointive office or position, including
active members of the Armed Forces of the Philippines, and
officers and employees in government-owned or-controlled
corporations, shall be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy.
Incumbent Elected Official.—Upon the other hand, pursuant to
Section 14 of RA 9006 or the Fair Election Act, which repealed
Section 67 of the Omnibus Election Code and rendered
ineffective Section 11 of R.A. 8436 insofar as it considered an
elected official as resigned only upon the start of the campaign
period corresponding to the positions for which they are
running, an elected official is not deemed to have resigned
from his office upon the filing of his certificate of candidacy for
the same or any other elected office or position. In fine, an
elected official may run for another position without forfeiting
his seat. [on MR upheld in Quinto vs. Commission on
Elections, 613 SCRA 385(2010)]
-prohibition does not apply to department secretaries. Santos
v. Yatco, 106 Phil
(5) The right to self-organization shall not be denied to
government employees.
Self Organization; Art. III, Sec. 8
 Art. IX -B Sec. 2(5); Art. XIII, Sec. 3;
Can form unions-but do not have the right to strike-SSS v. CA,
7/28/89; including mass actions/leaves-MPSTA v. Sec.
8/6/91 ;
(6) Temporary employees of the Government shall be given
such protection as may be provided by law.
-no security of tenure in temporary appointments (Mendiola v.
Tancinco, 52 SCRA 66; BUT may not be removed to bust
faculty union-PLM v. CSC, 241 SCRA 506
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, 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 of any government-owned or controlled
corporations or in any of its 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.
FLORES V. DRILON / GORDON, 223 SCRA 568 [1993]
6/22/93
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.
If a retiree accepts another government position, he
may continue receiving pension or gratuity but cannot
credit his years of service in his previous government
service to his present position for purposes of
computing his separation pay. (Santos v. CA,
11/22/00)
23
1 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 position 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.
What constitutes practice of law? CAYETANO V. MONSOD,
9/3/91
(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 a 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.
Composition, qualifications and appointment of Comelec
members?
Two conditions for workability of Rotational system
(1) that the terms of the first three (3) Commissioners should
start on a common date, and, (2) that any vacancy due to
death, resignation or disability before the expiration of the term
should only be filled only for the unexpired balance of the term.
Gaminde vs. Commission on Audit, 347 SCRA 655(2000),
citing Republic v. Imperial, 96 Phil. 770 (1955)
Ban against designation or acting capacity
Brillantes v. Yorac, 192 SCRA 358
Ban against re-appointment
Nationalista party v. De Vera, 35 Phil 126
Republic v. Imperial, 96 Phil 770
Ban against designation or acting capacity
Brillantes v. Yorac, 192 SCRA 358
Ad interim appointments of Chairman and commissioners of
COMELEC not a violation. A renewal of ad interim
appointments in case of by-pass by the Commission on
Appointment not a violation of the Constitution. MATIBAG vs.
BENIPAYO, GR 149036, 4/2/02
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.
Independence and power to enforce election laws
  RA 9189 (absentee voting law) authorizes Congress
to review COMELEC’s implementing rules and
regulations, valid? ANSWER: It violates the
constitutional guaranty of independence of the
constitutional commissions. Macalintal vs.
Comelec et al., GR No. 157013, July 10, 2003.
 Including plebiscites-BUAC vs. Comelec, G.R. No.
155855, January 26, 2004
Executive power lodged in the COMELEC.
essentially executive and administrative (Ututalan v.
Comelec, 15 SCRA 465 [1965]
Not only preventive power but also curative
-include the authority to exclude statistically improbable
returns (Lagumbay v. Comelec, 16 SCRA 175 [1966]).
-may rely on handwriting experts to prove falsity of returns.
(Usman v. Comelec, 42 SCRA 667 [1971].
-Pre-proclamation controversies are decided by COMELEC
under this provision.
By law (Sec. 5 of BP 52) Comelec may be granted the power
to declare failure of elections. “Failure to elect” may also
result from post election terrorism, and such failure authorizes
COMELEC to call a special election- Sanchez v. Comelec,
6/19/82
LDP v. COMELEC, GR 161265, 2/24/04- leadership of political
party.
(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.
Judicial powers of Comelec.
 When is a controversy considered a “contest” ? Ans.
- It becomes a contest when there is a valid
proclamation.
 Before proclamation, who has jurisdiction? Ans. -
COMELEC under its administrative and/or quasi-
judicial power.
Power of Contempt not available in the exercise of
administrative powers of COMELEC. (Guevarra v. Comelec,
104 Phil 269)
Sec. 9 of RA 6679 providing for appeal from MTC to the RTC
on contests involving elective municipal and barangay
officials is unconstitutional as it deprived COMELEC its
appellate jurisdiction. (Flores v. Comelec, 184 SCRA 484)
The power of the COMELEC does not include review of
elections of BARANGAY FEDERATIONS as its power is
limited to popular elections (Taule v. Sec. Santos, 8/12/91)
24
JUDICIAL REVIEW OF COMELEC DECISIONS
 By the SC only by way of Certiorari (under rule 64 & 65)
 Decisions reviewable by the SC pertains to the
adjudicatory or quasi-judicial power of Comelec and does
not apply to decisions on administrative matters which
may be questioned before the ordinary courts.(Filipinas
Engineering v. Ferrer, 135 SCRA 25). THUS the proper
court to review a resolution of the COMELEC in
recognizing the lawful election registrar is the regular
courts of general jurisdiction. (Garces v. CA, 259 SCRA
99)
 May the Supreme Court still review the decisions of
Comelec involving election contests of elective municipal
and barangay officials. YES, only on questions of law
(Galido v. Comelec, 1/18/91; reiterated in Rivera v.
Comelec, 7/12/91)
(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.
This deals with the exercise of quasi-judicial and administrative
authority of the COMELEC, except the right to vote.
(Pungutan v. Abubakar, 43 SCRA 1 [1972]
(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 citizen's 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 candidates.
Power to investigate and prosecute violations of elections
laws as part of its executive power, COMELEC has exclusive
jurisdiction to investigate and prosecute election offenses
committed by PUBLIC OFFICIALS in relation to their office.
(CORPUS V. TANODBAYAN, 149 SCRA 281 [1987]
Preliminary Investigation conducted by the Provincial Election
Supervisor involving election offenses need not pass thru the
Provincial Fiscal (Prosecutor) before the Court may take
cognizance to determine the existence of probable cause.
(People v. Judge Inting, 7/25/90) But may delegate such
power to the regular prosecutors (PEOPLE V. BASILIA, 11-6-
89)
Recommend to the President the removal of any officer or
employer 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 en banc.
Initial jurisdiction on election cases, including pre-proclamation
case
 A petition to cancel the certificate of candidacy of
Garvida on the ground that she would be more than
21 years of age on election day cannot be acted upon
by COMELEC en banc but by a division. (Garvida v.
Sales, 271 SCRA 767)
Initial Appellate jurisdiction- by division
 Appeal from MTC or RTC should be heard/decided by
a division. (Abad v. Comelec, 12/10/99)
Requirement of MR
 No Petition for Certiorari with the SC without filing a
motion for reconsideration with COMELEC En Banc.
(Reyes v. RTC, 5/5/95)
 A Motion for Reconsideration based on the merits and
not a dismissal for failure to prosecute is what is
contemplated under the provision. SALAZAR v.
COMELEC, 184 SCRA 433 [1990].
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, peaceful,
and credible elections.
25
Power to regulate media, applies in plebiscites and referenda.
UNIDO V. COMELEC, 104 SCRA 17 [1981]
Power to regulate media franchise holders does not include
regulation of expression of opinion of writers in a plebiscite or
referendum. SANIDAD V. COMELEC, 1-29-90.
Radio and television broadcasting companies may be required
to give free air time for political advertisements during election
period. TELEBAB vs. COMELEC, 289 SCRA 337
Section 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election rules, and regulations shall
be granted by the President without a favorable
recommendation of the Commission.
This is a limitation on the clemency powers of the President.
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.
This is towards a strong multi-party system.
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.
No block voting allowed, except under the party list system.
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 the election and shall end thirty days after.
Election period is fixed by the Constitution. Who fixes the
period in special cases?
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. 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
election 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.
Restricting features in the composition
1) rotational plan or the staggering term in the commission
membership, such that the appointment of commission
members subsequent to the original set appointed after the
effectivity of the 1987 Constitution shall occur every two years;
2) maximum but a fixed term-limit of seven (7) years for all
commission members whose appointments came about by
reason of the expiration of term save the aforementioned first
set of appointees and those made to fill up vacancies resulting
from certain causes;
3) prohibition against reappointment of commission members
who served the full term of seven years or of members first
appointed under the Constitution who served their respective
terms of office;
4) limitation of the term of a member to the unexpired portion
of the term of the predecessor; and
5) proscription against temporary appointment or designation.
[Funa vs. The Chairman, Commission on Audit, G.R. No.
192791(2012)]
the provision, on its face, does not prohibit a promotional
appointment from commissioner to chairman as long as the
commissioner has not served the full term of seven years,
further qualified by the third sentence of Sec. 1(2), Article IX
(D) that “the appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor.” [Funa vs.
The Chairman, Commission on Audit, G.R. No.
192791(2012)]; BUT see dissenting opinion of J. Carpio.
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 AND 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 of the
granting institution to submit to such audit as a condition of
subsidy or equity. However, where the internal control system
26
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, expensive,
extravagant, or unconscionable expenditures, or uses of
government funds and properties
What is the power of the COA? What is the scope of such
power?
Pre-audit
Government, subdivisions, agencies/ instrumentalities, govt
owned -controlled corp. original charters
 Evidently, the BSP, which was created by a special
law to serve a public purpose in pursuit of a
constitutional mandate, comes within the class of
“public corporations” defined by paragraph 2, Article
44 of the Civil Code and governed by the law which
creates it, pursuant to Article 45 of the same Code.
[Boy Scouts of the Philippines vs. Commission on
Audit, 651 SCRA 146(2011)] NOTE: Justice Carpio
dissented on the ground that BSP has ceased to be
“gov’t owned or controlled.” E.g. PAL; PNB.
Post Audit
constitutional bodies, commissions and offices granted fiscal
autonomy by the constitution
1. autonomous state colleges/universities
2. other govt owned or controlled corporations and their
subsidiaries
3. Non gov'tal entities receiving subsidy
CASES:
In Guevara v. Gimenez, 6 SCRA 813 , the function of COA
was held to be "limited to a determination of whether there is a
law appropriating funds for a given purpose; whether a
contract, made by the proper officer, has been entered into in
conformity with said appropriation law; whether the goods or
services covered by said contract have been delivered or
rendered in pursuance of the provisions thereof, x x x ; whether
payment therefor has been authorized by the officials of the
corresponding department or bureau." Such definition of
function is expanded under the 1987 Constitution. Thus in
CALTEX Phil. V. COA, 5/8/92, the SC ruled that the power has
been expanded to include disallowance of “irregular,
unnecessary, excessive, extravagant or unconscionable
expenditures”.
Including the authority to suspend payment if there is
overpricing. Sambeli v. Prov. Of Isabela. 6/18/92;

Or not to authorize payment if in the absence of public bidding
as required by law. COA has also the authority to interpret was
is “public bidding” and what constitutes a “failure of public
bidding”. Danville Maritime Inc. V. COA, 7/28/89
Under Commonwealth Act No. 327, as amended by
Presidential Decree No. 1445, money claims against the
government shall be filed before the COA.
BUT COA has no authority to pass upon unliquidated claims
(such as quantum meruit basis) which is justiciable question
and which can be settled by application of judgment and
discretion and CANNOT be adjusted by mere arithmetical
process. F.F. Manacop Construction Inc. v. CA, 266 SCRA
235
The power to audit government agencies is NOT EXCLUSIVE
power of COA. DBP v. COA, 373 SCRA 356.
Failure to act within 60 days, does not result to automatic
approval of the claim. Pacete v. Acting Chairman of COA,
185 SCRA 1
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.
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.
THE PROVINCE OF NORTH COTABATO vs. THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
PEACE PANEL ON ANCESTRAL DOMAIN (GRP), G.R. No.
183591, October 14, 2008.
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
27
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
local units.
Power to create local governments is legislative in character.
Congress has delegated (under Secs 385 & 386, RA 7160) to
provincial boards, and city and municipal councils, the power
to create barangays within their jurisdiction,
BUT the power to create provinces and cities belongs to
Congress as their creation involves creation of legislative
districts.
SEMA vs. COMELEC, G.R. No. 177597, July 16, 2008-
Meaning of autonomy
-decentralization of administration NOT delegation or
decentralization of power
Decentralization of administration
retention of 10% of the IRA contrary to local autonomy
-Pimentel vs. Aguirre, 336 SCRA 201
Dept. of Budget cannot set of a limit to the statutory authority
of local governments to grant allowances to judges. Dadole
vs. COA, 178 SCAD 262 [Dec. 2002]
Example:
1. When the law requires recommendation of nominees
for the position of Prov. Budger Officer from the local
government head (Governor), the appointing authority
cannot appoint someone not passing thru the
recommendation of the local government head. (San
juan v. CSC, 4/19/91)
The SC may intervene in the dismissal of the Speaker of the
Sangguniang Pampook of Region XII. The autonomous regions
are not meant to be "self immolation". Where due process is
not observed, the action of the autonomous region is invalid.
(Limbona v. Conte Mangelin, 170 SCRA 786 [1989])
RECALL
a. Requirements of recall under LGC of 1991 (Secs. 69 to 75)
-by whom exercised.
- registered voters (vote required varies)
-written petition
-Election recall
-incumbent automatically a candidate and cannot resign
-effective upon proclamation of the winner
-once during the incumbent's term
-no recall within one year from assumption of office or one
year before a regular local election
Cases:
Malonzo v. Comelec, 3/19/97
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.
Meaning of Power of Supervision
Cases:
Mondano v. Silvosa, 97 Phil 143
Ganzon v. CA, 8/5/91;
A basic feature of local fiscal autonomy is the automatic
release of the shares of LGUs in the national internal
revenue. This is mandated by no less than the Constitution.
The Local Government Code specifies further that the
release shall be made directly to the LGU concerned within
five (5) days after every quarter of the year and “shall not be
subject to any lien or holdback that may be imposed by the
national government for whatever purpose.” [Pimentel, Jr.
vs. Aguirre, 336 SCRA 201(2000)]
The power of the Sec. Of Justice under Sec. 187 of the LGC
to set aside a tax ordinance illegal or unconstitutional does
not amount to control. Drilon v. Lim, 8/4/94
The power of the President does not include the power (thru
the DILG Sec. ) to set aside/annul elections of Barangay
Federations as this would amount to control. Taule v. Sec.
Of Local Government, 8/12/91
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.
Power to tax by LGU
Cases:
Basco v. PAGCOR, 197 SCRA 52 [1991]; Phil.
Petroleum v. Mun. Of Pililla, 198 SCRA 82 [1991]
Other sources of revenue
a. Just share in the national taxes (Sec. 6)
holding back of 10% of IRA-PIMENTEL vs. AGUIRRE, 336
SCRA 201
b. Equitable share in the proceeds of utilization and
development national wealth within the area (Sec. 7)
ALTERNATIVE CENTER FOR ORGANIZATIONAL
REFORMS AND DEVELOPMENT, INC. (ACORD), et al. vs.
HON. RONALDO ZAMORA, G.R. No. 144256, June 8, 2005
28
Oversight committee’s control over releases of IRA-THE
PROVINCE OF BATANGAS vs. HON. ALBERTO G.
ROMULO, G.R. No. 152774, May 27, 2004
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.
TERM- “It is not competent for the legislature to extend the
term of officers by providing that they shall hold over until their
successors are elected and qualified where the constitution
has in effect or by clear implication prescribed the term and
when the Constitution fixes the day on which the official term
shall begin, there is no legislative authority to continue the
office beyond that period, even though the successors fail to
qualify within the time. OSMENA V. COMELEC, 1199 SCRA
750, 758 991
 For BARANGAYS-Congress has plenary authority
under the Constitution to determine by legislation not
only the duration of the term of barangay officials, but
also the application to them of a consecutive term
limit. [Comelec vs. Cruz, 605 SCRA 167(2009)]
TERM LIMITS does not apply if:
 Term acquired by SUCCESSION; not elected for the
office and term-Borja v. Commission on Elections,
260 SCRA 604 (1996).
 ELECTION INVALIDATED-Lonzanida v.
Commission on Elections, G.R. No. 135150, July
28, 1999, 311 SCRA 602-presented the question of
whether the disqualification on the basis of the three-
term limit applies if the election of the public official
(to be strictly accurate, the proclamation as winner of
the public official) for his supposedly third term had
been declared invalid in a final and executory
judgment.
UNLESS FULLY SERVED THE TERMS:
 Ong v. Alegre, 479 SCRA 473 (2006) and Rivera v.
COMELEC, 523 SCRA 41 (2007)-like Lonzanida,
also involved the issue of whether there had been a
completed term for purposes of the three-term limit
disqualification. These cases, however, presented an
interesting twist, as their final judgments in the
electoral contest came after the term of the contested
office had expired so that the elective officials in
these cases were never effectively unseated.
PROHIBITED ELECTION MUST BE IMMEDIATE, not a
RECALL ELECTION:
 Adormeo v. Commission on Elections, 376 SCRA
90 (2002) dealt with the effect of recall; on the three-
term limit disqualification. The case presented the
question of whether the disqualification applies if the
official lost in the regular election for the supposed
third term, but was elected in a recall election
covering that term; the official was not elected for
 three (3) consecutive terms. The Court reasoned out
that for nearly two years, the official was a private
citizen; hence, the continuity of his mayorship was
disrupted by his defeat in the election for the third
term. Socrates v. Commission on Elections,391
SCRA 457 (2002) also tackled recall.... Any
subsequent election, like a recall election, is no
longer covered by the prohibition for two reasons.
First, a subsequent election like a recall election is no
longer an immediate reelection after three
consecutive terms. Second, the intervening period
constitutes an involuntary interruption in the continuity
of service…..A recall election mid-way in the term
following the third consecutive term is a subsequent
election but not an immediate reelection after the third
term.
TERM LIMITATION NOT AFFECTED BY CONVERSION OF
THE LOCAL GOVERNMENT
 Latasa v. Commission on Elections, 417 SCRA 601
(2003) presented the novel question of whether a
municipal mayor who had fully served for three
consecutive terms could run as city mayor in light of
the intervening conversion of the municipality into a
city. During the third term, the municipality was
converted into a city; the cityhood charter provided
that the elective officials of the municipality shall, in a
holdover capacity, continue to exercise their powers
and functions until elections were held for the new
city officials. The Court ruled that the conversion of
the municipality into a city did not convert the office of
the municipal mayor into a local government post
different from the office of the city mayor—the
territorial jurisdiction of the city was the same as that
of the municipality; the inhabitants were the same
group of voters who elected the municipal mayor for 3
consecutive terms; and they were the same
inhabitants over whom the municipal mayor held
power and authority as their chief executive for nine
years.
INVOLUNTARY INTERRUPTION OF SERVICE- BY
SUCCESSION
 In Montebon v. Commission on Elections, 551
SCRA 50 (2008)-where the highest-ranking municipal
councilor succeeded to the position of vice-mayor by
operation of law. ….an interruption had intervened so
that he could again run as councilor.
INTERRUPTION MUST RESULT TO LOSS OF OFFICE, not
merely the right to serve- such as preventive suspension not
an interruption Aldovino, Jr. vs. Commission on Elections,
609 SCRA 234(2009)
Section 9. Legislative bodies of local governments shall have
sectoral representation as may be prescribed by law.
“as may be prescribed by law” may refer to existing law.
Supangan v. Santos, 8/24/90 Note : BP 337, the local
government code then existing applies.
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
29
approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Meaning of “units directly affected”
BP 885 creating the new province of Negros del Norte . Tan v.
Comelec, 142 SCRA 727 (1986) The deletion of the “unit or “
under the 1987 Constitution did not change the meaning.
Padilla Jr. V. Comelec, 10/19/92
R.A. No. 9009, and, by necessity, the LGC, were amended, not
by repeal but by way of the express exemptions being
embodied in the exemption clauses. League of Cities of the
Philippines vs. Commission on Elections, 648 SCRA
344(2011)
population or territorial requirement. Navarro vs. Ermita, 620
SCRA 529(2010)
No need of plebiscite in the creation of district or re-districting.
BAGABUYO vs. COMELEC, G.R. No. 176970, December 8,
2008
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 executives and legislative
assemblies. The jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic services
requiring coordination.
MMDA not the same as Metropolitan Authority possessing
delegated police power. MMDA vs. BEL-AIR VILLAGE
ASSOCIATION, INC., 328 SCRA 836
The authority of the President to order (EO ultra vires) the
implementation of the Project notwithstanding, the designation
of the MMDA as the implementing agency for the Project may
not be sustained. It is ultra vires, there being no legal basis
therefor. MMDA vs. Viron Transportation Co., Inc., 530
SCRA 341(2007)
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.
A registered voter in a component city, but whose charter
prohibits its voters from participating in the elections for
provincial office is incapacitated to run for any provincial
elective office. (Abella v. Comelec, 9/3/91)
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 and other similar bodies composed of
local government officials, regional heads of departments and
other government offices, and representatives from non-
governmental organizations within the region 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.
2 Autonomous Region
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 the 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 multisectoral bodies. The organic act shall
define the basic structure of government from the region
consisting of the executive department and legislative
assembly, both of which shall be reflective 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.
30
Self-determination refers to the need for a political structure
that will respect the autonomous peoples’ uniqueness and
grant them sufficient room for self-expression and self-
construction. [Disomangcop vs. Datumanong, 444 SCRA
203(2004)]
Autonomous regions may be empowered to create
municipalities and barangays BUT not provinces and cities
Section 19, Article VI of RA 9054, insofar as it grants to the
ARMM Regional Assembly the power to create provinces and
cities, is void for being contrary to Section 5 of Article VI and
Section 20 of Article X of the Constitution, as well as Section 3
of the Ordinance appended to the Constitution. Only Congress
can create provinces and cities because the creation of
provinces and cities necessarily includes the creation of
legislative districts, a power only Congress can exercise under
Section 5, Article VI of the Constitution and Section 3 of the
Ordinance appended to the Constitution. ……. Thus, we
declare VOID Muslim Mindanao Autonomy Act No. 201
creating the Province of Shariff Kabunsuan. [Sema vs.
Commission on Elections, 558 SCRA 700(2008)]
 no autonomous region with one province only
(Ordillo v. Comelec, 12/4/90)
 tribal courts created under Exec Order 220-do not
legally exist with the rejection of the organic act for
cordillera (Badua v. CBA, 2/14/91)
THE PROVINCE OF NORTH COTABATO vs. THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
PEACE PANEL ON ANCESTRAL DOMAIN (GRP), G.R. No.
183591, October 14, 2008
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.
ACCOUNTABILITY OF PUBLIC
OFFICERS- ART XI
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, 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.
IMPEACHMENT
Nature & Officials covered
Grounds
Culpable violation of the Constitution, Treason, Bribery, Graft
and Corruption Other high crimes-(serious and enormous a
nature as to strike at the very life or the orderly workings of the
government), Betrayal of Public Trust (betrayal of public
interest, inexcusable negligence of duty, tyrannical abuse of
power, breach of official duty by malfeasance or misfeasance,
cronyism, favoritism, etc. to the prejudice of public interest and
which tend to bring the office into disrepute, including
obstruction of justice. (Concom II Record, p. 272, 286)
Section 3. (1) The House of Representatives shall have
the exclusive power to initiate all cases of impeachment.
(2) A verified complaint may be filed by any
Member of the House of Representatives or by any citizen
upon a resolution of 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.
Impeachment is deemed initiated by referral of the
impeachment complaint to the appropriate house committee.
Francisco v. HOUSE OF REP., GR 160261, 11/10/03-; two
complaints referred to the same charges, considered as one
complaint.(Gutierrez v. House of Rep. Committee on Justice,
GR No. 193459 , 2/15/01
Loss of immunity of a non-sitting President Estrada v.
Desierto, 352 SCRA 452 (2001)
31
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.
Sandigan- constitutionally mandated but a statutory
court.(Nunez v. Sandigan, 111 SCRA 442 (1982)
Jurisdiction- (under Sec. 4, PD 1606)
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.
Special Prosecutor
 (formerly- Tanodbayan)- limited to graft and
corruption cases; may prosecute judges before Sandigan
(Orap v. Sandigan, 139 SCRA 252); BUT a subordinate
of the ombudsman (Zaldivar v. Gonzales, 160 SCRA
843)
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 IX-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.
 Unique disqualification to run for elective office in the
election immediate succeeding cessation of 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 agency, subdivision or instrumentality
thereof, including government-owned or controlled
corporations, and shall, in appropriate cases, notify the
complainants of the actions taken and the result thereof.
 Protector of the people
 Power to act on a complaint in any form (including
unsigned) authorized by the Constitution and does not
violate the equal protection clause. Valmonte v.
Vasquez, 244 SCRA 286.
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 and
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 and 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.
32
OMBUDSMAN- CONSTITUTIONAL OFFICE
Constitutional administrative power of investigation
 act is illegal, unjust, improper or inefficient.
e.g. Murder is illegal-Deloso v. Domingo, 191 SCRA
545 (1990)
 scope - concurrent with the Power of the Pres.
(Hagad v. Dadole, 12/12/95);
RA 6670 (Ombudsman Act of 1989)
 Granting prosecutorial functions to the Ombudsman,
pursuant to par. 8 of Sec. 13, Art. XI. Acop v.
Ombudsman, 248 SCRA 566; Camanag v.
Guerrero, 2/17/97;
 Investigative power is primary (may take over such
investigation anytime) if offense falls under the
exclusive jurisdiction of the sandiganbayan, BUT IS
NOT EXCLUSIVE. HONASAN vs. DOJ Panel etc.
GR No. 159747, 4/13/04
 the claim of confidentiality will not bar the power of the
ombudsman for production of documents, and even if
truly confidential, inspection could be done in camera.
Almonte v. Vasquez, 5/22/95. Under Bank Secrecy
Law however, in camera inspection may be allowed
ony if : 1) there is a pending case ; 2) account is
identified ; 3) inspection limited to the subject matter
of the case ; 4) bank personnel and account holder
are notified ; 5) inspection limited to the identified
account. Marquez v. Ombudsman, 6/27/01
 Under RA 6770 and the 1987 Constitution, the
Ombudsman has the constitutional power to directly
remove from government service an erring public
official, other than a member of Congress and the
Judiciary (& also impeachable officers) Estarija v.
Ranada, G.R. No. 159314, 26 June 2006,
 Investigatorial powers of the Ombudsman, not
ordinarily subject to review by the SC- LOQUIAS vs.
Ombudsman, 338 SCRA 62
 May exercise the power of contempt in the conduct of
preliminary investigation which quasi-judicial in
character. Lastimosa v. Vasquez, 243 SCRA 497.
Section 15. 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.
Imprescriptibility does not apply to criminal cases. (Pres. Ad
Hoc Fact=finding Committee on Behest Loans, et al., v.
Desierto, et al., GR No. 130140 , Oct. 25, 1999)
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 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 and
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 regions 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.
Questions:
What are the goals of the national economy? What is
thrust of the state insofar as industrialization is
concerned?
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
sixty 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
33
under such terms and conditions as may be provided by law.
In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
The State shall protect the nation's 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
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with
foreign-owned corporations involving either technical of
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.
Imperium and dominium.
Imperium is the power of the government in the concept of
sovereignty. Dominium on the other hand is the capacity of
the state to own or acquire property.
Jura regalia, a feudalistic theory that makes all lands, unless
ownership has been granted to private persons or entities,
belong to the Crown. Later on as the form of governments
has changed from monarchial to republican, ownership of
such lands has been vested in the State. The first sentence
of Section 2 enunciates the theory.
 Carino v. Insular Government, 41 Phil. 935 (1909)
Exploration, development and utilization of natural
resources
Full control and supervision of the state over natural
resources. (see –
The word “involving” does not limit service agreements to
technical and financial. La Bugal-B'Laan Tribal Association,
Inc. v. Ramos, 445 SCRA 1 (2004)
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 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.
Limitations on area of lease or acquisitions
1935 Constitution-
144 hectares by purchase
24 hectares by homestead
1973
24 hectares by purchase or homestead
1987
500 hectares by lease (citizens); 1,000has. By corporations
12 hectares by purchase, homestead or grant (citizens)
May a law further decrease the allowable limits? YES. See
Par. 2 of Sec. 3.
PROBLEM: Public Estate Authority, a government owned
and controlled corporation, pursuant to its legislative
authority, reclaimed hundreds of hectares of Manila Bay.
May such lands be sold to private corporations and
individuals?
Answer: If classified as alienable, such lands may be sold to
individuals, but not to private corporations. Sale to the latter
would violate constitution. Chavez vs. PEA, AMARI, 170
SCAD 323, 7/9/02
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 and 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.
This section manifests the rejection of the Laissez Faire as an
economic principle. The state may intervene when the
34
common good demands. Just like in the operation of
cooperatives (LUELCO vs. Judge Yaranon, 12/4/89)
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 its Philippine citizenship may be a
transferee of private lands, subject to limitations provided
by law.
NOTES:
1) Private lands include lands owned by the State or its
subdivisions in patrimonial capacity.
2) Only those qualified to acquire or hold lands of the public
domain may acquire private lands.
3) Since aliens (individual or juridical) cannot hold or acquire
alienable lands of the public domain, they cannot acquire
private lands. They (aliens) may however hold private
lands by lease.
a) Transfers in violation of this policy shall be void. If the
parties are in pari delicto, the law shall leave where they
are and the court will not grant relief in case of suits for
recovery. (Rellosa v. Gaw Chee Hun, 93 Phil, 827
[1953]);
b) BUT the in pari delicto rule will not be applied if setting
aside the contract will enhance the policy of preserving
the lands to Filipinos; A lease for 99 years is a virtual
surrender of all rights incidents to ownership, and not
valid.(Philbanking vs. Lui She, 21 SCRA 52 [1967]);
c) Especially where the land has come to the hands of a
qualified transferee. (Barsobia v. Cuenco, 113 SCRA
547 [1982])
4) Exceptions:
a) Aliens may acquire lands by hereditary succession, that
is- by intestate succession, but not by testamentary
succession.(Ramirez v. Vda. De Ramirez, 111 SCRA
704)
Under RA 8179 (now section 10 of RA 7042-Foreign
Investment Act of 1991) former natural-born citizens are
allowed to be transferees of private lands with the
following limits: 5,000- sq.m. of urban land, or 3
hectares for rural lands. For urban lands, the
purpose may be for business or other purposes.
However, ownership of urban land precludes
acquisition of rural land or vice versa, and ownership
is limited to TWO PARCELS which should not be
located in the same municipality or city.
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 public 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.
NOTES:
1) Filipinization of certain investment areas does not violate
the equal protection clause (Ichong v. Hernandez, 101 Phil.
1155 [1957]) Take note that the Retail Trade Nationalization
law has been amended to allow the entry of highly capitalized
retailers.
2) SEE Foreign Investment Act (RA 7042)
3) Manila Hotel v. GSIS, 2/3/97- upholding the Filipino first
policy
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.
NOTES:
Grant of franchise cannot be exclusive in character. Republic
v. Extelcom, 373 SCRA 316; TAWANG MULTI-PURPOSE
COOP vs. LTWD, 646 SCRA 21
1) The authority to grant franchises to public utilities belong
to Congress, but it may delegate to administrative agencies the
power to grant licenses or to authorize operation of certain
public utilities (e.g. LTFRB under EO No. 202)
35
2) The franchise to operate a public utility must be
distinguished from ownership of the facilities. (Tatad vs.
Garcia, Jr. 4/6/95)
3) “Capital” refers to voting stock- GAMBOA v. TEVES, 652
SCRA 690[2011]
Section 12. The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced goods,
and adopt measures that help them competitive.
NOTES:
1) Filipino first policy
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.
Practice of profession may, by law, be extended to aliens.
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.
Private corporations may only be created by virtue of a general
law.
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.
NOTES:
Distinguish takeover under Sec. 17 and 18.
DAVID vs. ARROYO, GR No. 171396 (PP 1017, 1021)
National Emergency
Example of business affected with public interest is banking.

 See interconnection cases.
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.
NOTES:
 Monopolies may only be regulated or prohibited
when public interest so requires, while “combinations
in restraint of trade or unfair competition” is not
allowed.
 Anti-trust provision
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 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.
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
36
full employment and equality of employment opportunities for
all.
 ISAE vs. QUISUMBING, 333 SCRA 13
 SERRANO vs. GALLANT MARITIME SERVICES,
INC. and MARLOW NAVIGATION CO., INC., G.R.
No. 167614. March 24, 2009.
It shall guarantee the rights of all workers to self-
organizations, 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 on investments, and to expansion and growth.
PROBLEM: To prevent closure due to losses arising from
strikes, the airline management and the labor union
entered into an agreement to suspend the CBA for ten
years. Some members of the union questioned the
arrangement as violation of the constitutional guarantee of
protection to labor, right to self organization and collective
bargaining. Decide.
ANSWER: The agreement afforded full protection to labor and
promoted the shared responsibility between workers and
employers, and the employees exercised voluntary modes in
settling dispute, including conciliation to foster industrial peace.
Rivera v. Espiritu, 374 sCRA 351
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 rights
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 local 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.
Agrarian reform
Small Landowners v. Sec., supra
Urban Land Reform and Housing
Section 9. The State shall, by law, and for the common
good, undertake, in cooperation with the public sector, a
continuing program of urban land reform and housing which
will make available at affordable cost decent housing and
basic services to underprivileged and homeless citizens in
urban centers and resettlement areas. 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 dwellings demolished, except in accordance
with law and in a just and humane manner.
No resettlement of urban and rural dwellers shall be
undertaken without adequate consultation with them and the
communities where they are to be relocated.
3 Urban Development Housing Act-RA 7279
 PD 1517 (pre-emptive right of urban tenant in an area
declared as priority development area and an urban
land reform zone.
Health
37
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 people at affordable cost. There shall
be priority for the needs of the underprivileged sick, elderly,
disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.
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 persons for 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 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 underprivileged 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,
ad information to enhance respect for the primacy of human
rights;
(6) Recommend to the 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.
 CHREA v. CHR, 7/21/06- limited fiscal autonomy.
 It has no adjudicatory powers; only fact finding
(Carino v. CHR, 9/2/91)
 Not being a court of justice, cannot issue writs of
injunction or restraining orders against supposed
violators of human rights. (EPZA v. CHR, 208 SCRA
125; Simon v. CHR, 229 SCRA 117)
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 :
38
(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 right 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 underprivileged;
(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
subsection 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.
ACADEMIC FREEDOM
What is academic freedom
Of institutions of Higher Learning- the freedom of the institution
to determine “who may teach; what may be taught; how it shall
be taught; and who may be admitted to study”-GARCIA v.
Faculty of Admission, Loyola School of Theology, 168
SCRA 277
Right of the UP to retain a faculty member to retain/promote a
faculty member despite having incurred AWOL over directive of
CSC. UP v. CSC, 4/3/01
DECS’ Three-year maximum probation rule. Cagayan Capitol
College v. NLRC, 189 SCRA 658
The power to investigate is inherent in academic
freedom.MIRIAM COLLEGE vs. CA, 348 SCRA 265 [12-15-
00] –
Institution of higher learning can revoke a degree it has
conferred if obtained fraudulently. UP BOARD OF REGENTS
vs. CA., GR 134625, Aug. 31, 1999.
PROBLEM. A university professor in graduate school
gave grades to students who were given program of self-
study with reading materials and weekly tutorial meetings,
quizzes and term papers, without requiring them to attend
regular classes. The Board of Regents of the school
approved such method. Is this allowed? YES. The
teaching style of the professor is part of academic freedom
which clothes him with the widest latitude to innovate and
experiment on the method of teaching which is most fitting to
his students subject only to the rules and policies of the
university. Camacho v. Coresis, GR 134372, 8/22/02
PRC Resolution prohibiting examinees in accountancy
licensure examinations from attending review classes, briefing,
conferences, a violation of academic freedom of schools…
Lupangco v. CA, 160 SCRA 848
Academic freedom of students governed by the due process
clause and the bill of rights.
39
(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.
Right to Education
 NMAT a valid requirement-Tablarin v. Gutierez, 154
SCRA 730; and the three(3)-failure rule is also valid.
(DECS v. San Diego, 180 SCRA 534
Highest budgetary allocation
 Merely directory-Guingona v. Carague, 196 SCRA
221; Philconsa v. Enriquez, supra)
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.
40
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;
(3) The right of the family to a family living wage and income;
and
(4) 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.
Senior citizen’s discount- CARLOS SUPERDRUG CORP.
vs. DSWD, G.R. No. 166494, June 29, 2007.
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 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.
5. STATE IMMUNITY:
The state may not be sued without its consent (ART. XVI, SEC.
3)- otherwise known as: the Royal Prerogative of Dishonesty
A. Practical basis: Holmes put it, is that “there can be no
legal right against the authority which makes the law on which
the right depends.”(Kawanakoa v. Polybank, 205 U.S. 349)
Immunity extends to foreign states (SYQUIA V. LOPEZ, 84
PHIL 312)
The doctrine of state immunity is not limited to cases which
would result in a pecuniary charge against the sovereign or
would require the doing of an affirmative act by it. Prevention
of a sovereign from doing an affirmative act pertaining directly
and immediately to the most important public function of any
government—the defense of the state—is equally as
untenable as requiring it to do an affirmative act." Baer vs.
Tizon, 57 SCRA 1(1974)

And to international agencies of the UN under the Convention
on the Privileges and Immunities of Specialized Agencies of
the United Nations, adopted by the UN General Assembly on
November 21, 1947, and concurred in by the Philippine
Senate on May 17, 1949. This Convention has the force and
effect of law, considering that under the Constitution, the
Philippines adopts the generally accepted principles of
international law as part of the law of the land. Ebro III vs.
National Labor Relations Commission, 261 SCRA
399(1996)
The grant of immunity from local jurisdiction to the
International Catholic Migration Commission and the Inter-
national Rice Research Institute is clearly necessitated by
their international character and respective purposes. The
objective is to avoid the danger of partiality and interference
by the host country in their internal workings. International
Catholic Migration Commission vs. Calleja, 190 SCRA 130
[1990])
There can be no dispute that international officials are entitled
to immunity only with respect to acts performed in their official
capacity, BUT NOT PRIVATE ACTS. BUT who will determine
whether it is private acts? Answer: The local court. Liang vs.
People, 355 SCRA 125(2001)
B. APPLICATION
 The proscribed suit that the state immunity principle
covers takes on various forms, namely: a suit
against the Republic by name; a suit against an
unincorporated government agency; a suit against a
government agency covered by a charter with
respect to the agency’s performance of
governmental functions; and a suit that on its face is
against a government officer, but where the ultimate
liability will fall on the government. Professional
Video, Inc. vs. Technical Education and Skills
Development Authority, 591 SCRA 83(2009)
 Damage suit against public official requiring
appropriation although the state is not impleaded.
(Garcia vs. Chief of Staff, 16 SCRA 120); BUT
NOT when an appropriation has been made and the
suit is to compel payment (Ruiz and Herrera vs.
Cabahug, et al., 102 Phil. 110(1957)]
 Or when public officers are sued in the performance
of their duties (CALUB vs. CA, 331 SCRA 55)
 But not when sued in their individual capacity…for
whatever damage he may have caused by his act
done with malice and in bad faith, or beyond the
scope of his authority or jurisdiction. Shauf vs.
Court of Appeals, 191 SCRA 713(1990); United
States of America, Bradford vs. Reyes, 219 SCRA
192(1993)
 Although the military officers and personnel, then
party defendants, were discharging their official
functions when the incident occurred, their functions
ceased to be official the moment they exceeded their
authority. Republic vs. Sandoval, 220 SCRA
124(1993)
41
 A sovereign State does not merely establish a
diplomatic mission and leave it at that; the
establishment of a diplomatic mission encompasses
its maintenance and upkeep. Hence, the State may
enter into contracts with private entities to maintain
the premises, furnishings and equipment of the
embassy and the living quarters of its agents and
officials. Republic of Indonesia vs. Vinzon, 405
SCRA 126(2003)
It may at once be stated that even if the private
respondent enjoys diplomatic immunity, a dismissal of
the case cannot be ordered on the ground of lack of
jurisdiction over his person, but rather for lack of a
cause of action because even if he committed the
imputed act and could have been otherwise made
liable therefor, his immunity would bar any suit against
him in connection therewith and would prevent
recovery of damages arising therefrom. Minucher
vs. Court of Appeals, 214 SCRA 242(1992)
Recognition by the executive department of state
status conclusive upon the court. (HOLY SEE v.
Rosario, 12/1/94)
EXCEPTIONS:
1. Waiver
a. Express Consent – by law-Act No. 3083; CA
327, amended by PD1445; but can’t be given
by govt. lawyer-REPUBLIC V. PURISIMA, 78
SCRA 470
 waiver of immunity does not mean liability;
suability is not equivalent to liability; municipal
corporations are suable because their charters
grant them the competence to sue and be sued.
Nevertheless, they are generally not liable for torts
committed by them in the discharge of
governmental functions and can be held
answerable only if it can be shown that they were
acting in a proprietary capacity. Municipality of
San Fernando, La Union vs. Firme, 195 SCRA
692(1991)
b. Implied Consent
o state commences litigation seeking
affirmative relief-FROILAN V. PAN
ORIENTAL, 9/30/50, but not if the
intervention was merely to resist the claim
(LIM V. BROWNELL, 107 Phil 345)
Restrictive theory holds that the immunity of the
sovereign is recognized only with regard to public acts or
acts jure imperii, but not with regard to private acts or acts
jure gestionis. Republic of Indonesia vs. Vinzon, 405
SCRA 126(2003)]
Acts imperii:
 conduct of public bidding for the repair of a wharf at a
United States Naval Station (U.S. v. Ruiz, 136 SCRA 487)
 or engaging services of security agency to protect its
properties -Dept. of Agriculture v. NLRC, 11/11/93
 TESDA performs governmental function of handling of
formal and non-formal education and training, and skills
development. Professional Video, Inc. vs. Technical
Education and Skills Development Authority, 591
SCRA 83(2009)
Acts jure gestionis
 hiring of a cook in the recreation center catering to
American servicemen and the general public at the John
Hay Air Station in Baguio City, U.S. v. Rodrigo, 182
SCRA 644
 the bidding for the operation of barber shops in Clark Air
Base in Angeles City. USA V. Guinto, 182 SCRA 644
Immunity of Government Agencies-
-Incorporated-see charter
-Unincorporated- If PRIMARILY performing government
functions, NO- Bureau of Printing vs. Bureau of Printing
Employees Assn., 1 Scra 340; MOBIL v. Customs
Arrastre Service, 18 SCRA 1120;
2. No immunity if injustice results-
 Taking of property without filing expropriation case
and payment of just compensation. Ministerio v.
Court of First Instance of Cebu, 40 SCRA 464,
(1971)
 Or recover possession of the portion of land in
question at anytime because possession is one of
the attributes of ownership. However, since
restoration of possession of said portion by the
government is neither convenient nor feasible at this
time because it is now and has been used for road
purposes, the only relief …due compensation.
Amigable vs. Cuenca, 43 SCRA 360(1972)]
 Failure to abide by the conditions under which a
donation was given should not prove an insuperable
obstacle to a civil action the consent likewise being
presumed. SANTIAGO VS. REPUBLIC, 87 SCRA
294(1978)
Execution-
 State- Waiver of non-suability does not include
waiver against execution; the issuance of an alias
writ of execution directed against the funds of the
Armed Forces of the Philippines to satisfy a final and
executory judgment is a nullity REPUBLIC v.
VILLASOR, 54 SCRA 84
 Same principle applies to local government units.
Municipality of San Miguel v. Fernandez, 130
SCRA 56; but if the amount has been appropriated,
funds of the municipal corporation may be garnished
by way of exception. City of Caloocan v. Allarde,
410 SCRA 432; if there is unjustified refusal,
Mandamus will lie. Municipality of Makati v. CA,
190 SCRA 206
Government agencies- Waiver of non-suability
includes waiver against execution-PNB V.
PABALAN, 83 SCRA 595
Miscellaneous:
Referral to the COA for determination of the amount due based
on quantum meruit for void contracts (not per se) which
42
benefited the government. Vigilar vs. Aquino, 639 SCRA
772(2011)
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
upgrade 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.
C. AMENDMENT/ REVISION
a. PROPOSAL:
1). Congress
-directly-3/4 votes; separately
43
-call a constitutional convenion– 2/3 vote
-refer the decision to the people-by majority vote
Congress, exercising its ordinary legislative power
may provide of details of its Resolution as a
constituent body for the amendment or revision to
the Constitution.
2) by People's Initiative
Defensor-Santiago v. Comelec, 3/19/97;
LAMBINO et al., vs. COMELEC, G.R. No. 174153,
October 25, 2006 (on sufficiency of RA 6735;
unavailability of initiative on revision)
b. RATIFICATION :
Proper submission test-Gonzales v. Comelec, 21
SCRA 774-even in a regular election Tolentino v.
Comelec, 41 SCRA 702-on ratification by
installment ; Javellana v. Exec. Sec. 50 SCRA 30
[1973]
c. JUSTICIABILITY-Gonzales v. Comelec, supra;
SANIDAD V. COMELEC, 73 SCRA 333
d. Constitutional convention as independent but co-
equal to the other departments of government
(MABANAG v. Lopez Vito, 78 Phil 1)
ARTICLE XVIII
Transitory Provisions
Section 1. The first elections of the 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 election of 1992, the first
twelve obtaining the highest number of votes shall serve 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 VI of this Constitution.
Section 8. Until otherwise provided by the Congress, the
President may constitute the Metropolitan 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
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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 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 real rights
shall be allowed until after the lapse of one year from the
ratification of this Constitution.
Section 22. At the earliest possible time, the Government
shall expropriate idle or abandoned 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 XVI of this Constitution shall have five
years from its ratification to comply on a graduated or
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.

VFA upheld-BAYAN vs. ZAMORA, 342 SCRA 449

BUT NICOLAS vs. ROMULO, 578 SCRA 438, [2009]

struck down the KENNEY-ROMULO agreement on
detention facilities.

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 said 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

Ratified: February 2, 1987

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