LOCAL GOVERNMENT

● Political subdivisions refer to the two autonomous regions, the provinces, the cities, the
municipalities, and the barangays.
● The number of the autonomous regions cannot be increased through ordinary legislation. There
are only two (Cordillera Administrative Region & Autonomous Region in Muslim Mindanao).
○ Only the ARMM has been approved through a plebiscite and not the CAR. The CAR is
being governed by an administrative office while the ARMM has a governor, vice-
governor, Regional Assembly, and Sharia Courts.
● MMDA is not included in the enumeration of political subdivisions because it is not a local
government unit. It does not exercise police power or eminent domain. Its powers are vested by
the law creating it and through delegation from the cities and municipalities comprising it.
● The MMDA is an administrative office for the coordination of the basic delivery of services insofar
as the LGUs that comprise Metro Manila are concerned.

POLITICAL SUBDIVISIONS
● Political subdivisions cannot be abolished as a unit by ordinary legislation. However, they can be
converted into each other through legislation subject to the ratification of the people who are
affected by the conversion in a plebiscite.
● The structure, organization, and powers of the local government units are governed by the Local
Government Code except for the autonomous regions which have their own organic laws.
● The basic requirements in creating the local governments are found in the Local Government
Code (take note and memorize).
● Read the case of Navarro vs. Ermita, G.R. No. 180050 (Apr. 12, 2001) where the Court held
that the Dinagat Islands were exempted from the land area requirements because it consists of
islands so it cannot be expected to comply with the land area requirements.

LOCAL AUTONOMY
● There is no transfer of powers from the national government to local government but there is
decentralization of administration or devolution of services.
● The judiciary may still rule on the legality of the LGU’s actions and the President may still
exercise disciplinary powers over the LGU officials and supervision over the LGU units.
● Supervision means that the President only oversees the LGU in order to ensure that they are
performing their duty in accordance with law.
● The President exercises direct supervision over provinces, autonomous regions, and independent
cities. He may impose administrative sanctions over the officials of these LGUs such as
suspension for 120 days and may even remove them from their post.
○ Provinces exercise direct supervision over component cities and municipalities.
○ Cities and municipalities exercise direct supervision over barangays.
● The LGUs are allowed to levy their own taxes and create their own revenue even without a law.
The Congress can limit this power through a law.
● Another source of revenue is the Internal Revenue Allotment. Once this amount has been
determined by Congress, it should be released automatically to the LGUs. IRA is the share of the
LGU from the taxes remitted by the LGUs to the national government.
● LGUs get 40% of the mining tax, royalties, forestry, and other taxes fees and charges collected
by the Executive Department through the utilization of the national wealth within their jurisdiction.

CONTROL VS. SUPERVISION

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 ● Congress has control over the LGUs through the Local Government Code. The President only
has general supervision.
● In supervision, the President merely oversees and he cannot change the decision of the LGU.
The review can only be done by the Courts.
○ The President and/or the DOJ cannot invalidate a tax ordinance passed by the LGU.
○ Congress may choose to nullify such ordinance.

TERM OF OFFICE
● The term of office of LGU officials is 3 years. No LGU official shall 3 consecutive terms. This term
of office cannot be changed through ordinary legislation except for the term of office of a
barangay official.
● Congress cannot pass a law extending the term of office of the incumbent officials. It may
postpone elections but it cannot extend the term of the incumbents by way of holdover.
● In case of vacancies, the President may appoint officers to be in charge. He may also appoint the
incumbents to be the officer-in-charge. This discretion belongs to the President and not the
Congress.

CONSECUTIVE TERMS
● Succession does not count as a term for the purpose of the three-term limit rule. It must be by
election.
○ The succession of the Vice-Mayor to the office of the Mayor does not count as a term for
the purpose of the three-term limit rule.
● Voluntary renunciation for any length of time is not considered as an interruption of the term of
office for the purpose of the three-term limit rule.
○ A barangay captain who left his office and did not finish his term in order to run for a
different elective position is considered to have voluntarily resigned.
● Disqualification serves as an interruption of the term of office for the purpose of the three-term
limit rule.
○ A six-month preventive suspension is not considered to be an interruption because the
official is not considered to have been removed from office.
○ An official who was elected for three consecutive terms can still run for the same position
against the incumbent in case of a recall election.
● Read the case of Ong vs. Alegre, G.R. No. 163295 (Jan. 23, 2006) where the Court held that an
elective official who was ousted on his third term only upon order of the Supreme Court is not
qualified to run for the next elections because he has practically served the three terms without
interruption.

ACCOUNTABILITY OF PUBLIC OFFICERS

● Take note and memorize Article XI, Section 1 of the 1987 Constitution.
● Impeachment is a method through which certain high-ranking officials as indicated in the
Constitution are removed from office on the grounds of:
○ Culpable violation of the Constitution
○ Treason
○ Graft and Corruption
○ Betrayal of Public Trust
○ Bribery
○ Other high crimes
○ Take note and memorize these grounds
● The enumeration of impeachable officials is exclusive.

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 ● Read the case of Republic vs. Sereno, G.R. No. 237428 (May 11, 2018) where the Court held
that an incomplete submission of SALN by the former Chief Justice constitutes a lack of integrity.
● An impeachment presupposes that the appointment of the official was valid and that the official
was removed because of a violation of the Constitution through the grounds enumerated above.
A quo warranto petition questions the qualification or eligibility of the appointee.
● Quo warranto and impeachment may proceed independently of each other. Quo warranto is
under the jurisdiction of the Supreme Court and govern by the Rules of Court while impeachment
is under the jurisdiction of Congress and governed by their own rules.
● Prescription does not lie against the State in a quo warranto petition.
● The Supreme Court has supervisory authority to check the qualifications of the nominees of the
Judicial and Bar Council.
● The filing of the SALN is both a constitutional and statutory requirement which Sereno failed to
comply with. This means that she has not proven her integrity and, therefore, is ineligible to be
the Chief Justice.

IMPEACHMENT PROCEEDINGS
● Any person can file an impeachment complaint but it needs the endorsement of a member of the
House of Representatives. A member of the House of Representatives can also file his own
verified complaint.
● The verified complaint is referred to the Committee on Justice of the House of Representatives.
Then, the impeachment proceeding is deemed initiated.
● An impeachment proceeding is deemed initiated upon filing of the verified complaint and referral
to the Committee on Justice.
● If the complaint is signed by 1/3 of all the members of the House of Representatives, there is no
need to go through the Committee on Justice. The Articles of Impeachment will then be filed to
the Senate which shall act as an Impeachment Tribunal.
● The Committee on Justice has 60 days to decide whether or not the impeachment shall push
through. However, even if the decision of the Committee is to reject the complaint, the House of
Representatives may still, in a plenary session, file the impeachment case in the Senate by a vote
of 1/3 of its members.
● The Senate President shall preside over the impeachment trial. If the President is subjected to
impeachment, the Chief Justice shall preside.
● 2/3 votes of the members of the Senate is needed to convict the impeachable officer, without
prejudice to the criminal case that may be filed after he is removed. He cannot be granted pardon
if convicted in the impeachment trial.

POWERS OF THE OMBUDSMAN

● The Ombudsman has the power to investigate all public officials.
● The investigation could be administrative or criminal.
● The Ombudsman acts like a judge in administrative investigations. It is up to them to determine
whether or not a public official is guilty of an offense. The penalty ranges from reprimand,
suspension, or dismissal office. While the case is pending, the erring official can be placed under
preventive suspension for not more 6 months.
● The power of the Ombudsman to discipline public officials administratively is not exclusive to it. It
is concurrently shared with other agencies which are granted the powers to administratively
discipline the same public officials. The agency where the first complaint was filed shall have
jurisdiction.
● The impeachable officials cannot be administratively investigated by the Ombudsman because
they can only be removed through impeachment. The members of Congress cannot be

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 administratively investigated because they can only be removed through expulsion. Judges and
the members of the judiciary cannot be administratively investigated because they can only be
disciplined by the Supreme Court.
● The Ombudsman can conduct a criminal investigation against all public officials with the sole
exception of the President who is immune from suit.
● In a criminal investigation, the Ombudsman acts like a prosecutor to determine if there is
probable cause to file a case either in the regular court or in the Sandiganbayan. High-ranking
officials are tried in the Sandiganbayan. Low-ranking officials are tried in the regular courts
depending on the penalty:
○ Imprisonment of 6 years or less = Municipal Trial Court
○ More than 6 years = Regional Trial Court
● The criminal jurisdiction and criminal investigatory powers of the Ombudsman are concurrent with
the DOJ. If the DOJ recommends the filing of a case against a high-ranking official, all of the
resolutions and the information of the prosecutor must be submitted to the Ombudsman for
signing and approval. Otherwise, the case might be dismissed for the fiscal’s lack of authority to
prosecute.

CONDONATION
● Condonation refers to the exoneration of a public official from administrative liability in his
previous term due to a subsequent reelection. This is based on the theory that the people made
an informed choice in voting you which is tantamount to forgiveness.
● Read the case of Ombudsman vs. Binay, G.R. Nos. 217126-27 (November 10, 2015) where
the Court overturned the doctrine of condonation. A penalty of suspension shall be served in the
subsequent term while a penalty of dismissal is tantamount to a disqualification from running in
the subsequent election.
● The decision overturning the doctrine of condonation can only be applied in cases past November
10, 2015.

RECOVERY OF ILL-GOTTEN WEALTH

● The action to recover ill-gotten wealth does not prescribe. However, the action to prosecute the
offender prescribes after 15 years.

NATIONAL ECONOMY AND PATRIMONY

● All lands of public domain and natural resources found therein belong to the State (Regalian
Doctrine).
● The two kinds of lands are lands in the public domain and private lands. Ancestral lands belong to
the private lands.
● The private lands are exempted from the Regalian Doctrine.
● There are four kinds of lands in the public domain:
○ Agricultural lands
○ Mineral lands
○ Forest lands
○ National Parks
○ Take note and memorize
● Only agricultural lands are alienable. All the rest are beyond the commerce of man.
● Agricultural lands are lands that can be alienated by the State. They can be acquired only by
individual citizens to the extent of up to 12 hectares only.

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 ● Filipino corporations cannot acquire agricultural lands but they can lease 1000 hectares of
agricultural lands good for 25 years and renewable for another 25 years. Individual citizens can
lease up to 500 hectares good for 25 years and renewable for another 25 years.
● The foreshore lands or the lands adjacent to the sea are inalienable unless they are reclassified
as agricultural lands.
● Individual directors and incorporators of a corporation who are Filipino citizens may acquire the
lands. Once it is acquired by a private individual, they become private lands and can be
subsequently acquired by Filipino corporations.
● The President may reclassify lands upon recommendation from the DENR that the property is no
longer needed for public service.
● Private lands are lands acquired by private citizens or entities. They can be acquired by Filipino
citizens, qualified Filipino corporations, and foreigners who inherited as compulsory heirs in
intestate succession. Former natural-born citizens may also acquire lands of up to 3000 to 5000
sq. meters in the Philippines for residential purposes.
● A foreigner cannot acquire the land named to his Filipina spouse. What the Court can do is to sell
the property and divide the proceeds equally.
● If a Filipino acquired a loan from a foreigner using his land as collateral, he must sell his land in
order to satisfy his debt. The foreigner cannot bid on the land because he is disqualified from
acquiring it.
● A foreigner who acquires a land through intestate succession can alienate it to someone else, but
not to another foreigner.
● A foreigner who acquired a land and subsequently became a naturalized citizen can now register
the land in his name.

UTILIZATION AND EXPLORATION OF NATURAL RESOURCES

● The national resources belong to the State. Should there be any exploration or utilization, it must
be under the control of the State.
● The State cannot enter into an agreement with a foreigner in order to explore, develop, and utilize
natural resources.
● The State may enter into a contract to explore, develop, and utilize natural resources only with
individual Filipino citizens or qualified Filipino corporations. The three contracts the State may
make for this purpose are:
○ Joint venture
○ Co-production
○ Production sharing
● The foreigners may enter into service contracts and/or technical or financial assistance. It should
be the President and not an alter ego who shall sign that contract.
● These contracts must have the approval of Congress.

PUBLIC UTILITIES
● Public utilities refer to the corporations that offer public service for a fee.
● Only a Filipino citizen can own a business in public utilities. Should it be a Filipino
corporation, at least 60% of its capital must be owned by Filipino citizens. Capital in this
case refers to shares of stock that can vote in the election of directors. That 60% percent
capital assumes or should result in a controlling interest of the corporation. It is not just
ownership of the shares of stock, there must also be that right to vote which is also 60%.
● Build-Operate-Transfer establishments are not covered by these provisions on public
utilities. They may be wholly foreign owned.

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SOCIAL JUSTICE AND HUMAN RIGHTS
● Social justice means giving those who have less in life more benefits in the law.
● There is not only a right to enjoy your property but also the obligation to share the benefits of your
property to society.
● Human Rights are limited to violations of civil and political rights only either by government
officials or private individuals.
● The Commission on Human Rights is not a constitutional nor an independent body. Its creation is
mandated by the Constitution but it may be given zero budget.
● The CHR cannot punish someone for human rights violations but it may make recommendations
and referrals to the appropriate administrative bodies. CHR does not possess adjudicatory power.
They cannot issue temporary restraining orders.

FAMILY
● The rearing of children is the natural duty of the parents and not of the State. If the parents fail,
the State may come in.

EDUCATION
● The State is mandated to provide quality education.
● The Constitution requires the State to assign the highest budgetary priority to education but this
provision is not mandatory. Congress may assign a higher budgetary priority to other programs if
needed.
● The State is mandated to provide education only up to the K-12 curriculum. The State is not
obliged to provide college education.

ACADEMIC FREEDOM
● Academic freedom refers to the discretion of the educational institution of higher learning to
determine for itself who may teach, what may be taught, how it shall be taught, and who shall be
admitted to study.
○ A probationary teacher was not accepted after 2 years of working because she was not
able to meet the standards of the school. The Supreme Court ruled that the academic
freedom of the school prevailed.
○ A UP professor left the school and went abroad. After 2 years, he came back, was
welcomed by UP, and was even promoted. He was sued for being AWOL for 2 years.
The Supreme Court said that it was the discretion of UP to determine who may teach.
○ A group of students who rallied against the increase of tuition fee were not admitted for
enrollment. The Supreme Court said that civil rights of the students prevailed over the
academic freedom of the school. (University of San Carlos case)
○ A university expelled its students who were found to belong to a fraternity. The Supreme
Court said that the university has an interest in teaching its students discipline.
● The school has the right and duty to discipline its own students.
● Educational institutions of higher learning enjoy academic freedom.
● Review centers do not enjoy academic freedom. They are not degree-granting institutions which
would put them under the jurisdiction of CHED. They do not require enrollment, submission of
grades, the submission of a thesis, and the like.
● Academic freedom belongs to the school, the students, and the academe.
○ From the point of view of the school, it has the freedom to determine what to teach, who
may teach, who may be admitted to study, and how the subjects should be taught.
○ From the point of view of the students, they have the right to education.

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 ○ From the point of view of the academe, they have the freedom to do research without
government interference. They have the freedom to determine how to teach the subjects.
● The university can create their own handbooks as long as it does not violate the Constitution.
● Academic freedom prevails over alleged unfair labor practice in cases when there is a manual
prescribing the continued qualifications of teachers and such manual has been violated.
● Police power may curtail academic freedom if it is necessary for the promotion of public welfare.

GENERAL PROVISIONS
● Changing the national anthem, national seal, or the name of the country requires the approval of
the people in a national referendum.
● The national language is Filipino. English and Spanish are the official languages unless otherwise
provided by law.
● The Armed Forces of the Philippines are the citizen arms. They have the duty to take an oath of
allegiance. They cannot engage in partisan political activity. Active officers of the AFP cannot be
appointed to any civilian position.
● The tour of duty of the Chief of Staff of the AFP is only three years unless extended by the
President upon declaration by Congress of a national emergency.
● Advertising agencies must have at least 70% Filipino investment capital. Mass media agencies
must be wholly Filipino owned.

TRANSITORY PROVISIONS
● The entry of foreign military troops in the Philippines requires the concurrence of Senate.
● 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.