ARTICLE XVI – GENERAL PROVISIONS

Sections 1-2. Symbols of Nationality

1) Flag

 Red, white, and blue.

 With a sun and 3 stars
 The design may be changed by constitutional amendment.

2) Congress may, by law, adopt a new:

(a) Name for the country,

(b) National anthem, or

(c) National seal.

Note: Law will take effect upon ratification by the people in a NATIONAL
REFERENDUM.

The design of the Philippine flag may be changed by constitutional

amendment.

Section 3.  State Immunity

Suability of State

1) The State cannot be sued without its consent.

2) When considered a suit against the State

a).  The Republic is sued by name;

b).  Suits against an un-incorporated government agency;

c).  Suit is against a government official, but is such that ultimate liability
shall devolve on the government

i.  When a public officer acts in bad faith, or beyond the scope of his
authority, he can be held personally liable for damages.

ii.  BUT:  If he acted pursuant to his official duties, without malice,

negligence, or bad faith, they are not personally liable, and the suit is really
one against the State.

3) This rule applies not only in favor of the Philippines but also in favor of
foreign states.

4) The rule likewise prohibits a person from filing for interpleader, with the
State as one of the defendants being compelled to interplead.

Consent to be sued

A. Express consent:
1). The law expressly grants the authority to sue the State or any of its
agencies.

2). Examples:

a). A law creating a government body expressly providing that such body
“may sue or be sued.”

b). Art. 2180 of the Civil Code, which creates liability against the State
when it acts through a special agent.

B. Implied consent:

1). The State enters into a private contract.

a). The contract must be entered into by the proper officer and within the
scope of his authority.

b). UNLESS:  The contract is merely incidental to the performance of a

governmental function.

2). The State enters into an operation that is essentially a business

operation.

a). UNLESS:  The operation is incidental to the performance of a

governmental        function (e.g. arrastre services)

b). Thus, when the State conducts business operations through a GOCC,
the latter can generally be sued, even if its charter contains no express
“sue or be sued” clause.

3). Suit against an incorporated government agency.

a) This is because they generally conduct propriety business operations

and have charters which grant them a separate juridical personality.

4). The State files suit against a private party.

UNLESS:  The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE:  NO.  Whether the money is deposited by way of

general or special deposit, they remain government funds and are not
subject to garnishment.

2) EXCEPTION:  A law or ordinance has been enacted appropriating a

specific amount to pay a valid government obligation, then the money can
be garnished.

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

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

2) Even if the case is decided against the State, an award cannot be

satisfied by writs of execution or garnishment against public funds. 
Reason:  No money shall be paid out of the public treasury unless pursuant
to an appropriation made by law.

Section 4.  THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political

activity, except to vote.

2) Members of the AFP in active service cannot be appointed to a civilian

position in the government, including GOCCs or their subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years

2) EXCEPTION:  In times of war or other national emergency as declared

by Congress, the President may extend such tour of duty

Section 11

(1) 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.

(2) Advertising industry is impressed with public interest and shall be

regulated by law for the protection of consumers and the promotion of the
general welfare.

Only Filipino citizens or corporations or associations at least 70% of

the capital of which is owned by such citizens shall be allowed to engage
in the advertising industry.

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.

(3) Consultative body created by Congress to advise President affecting

the Indigenous cultural communities.