MEANING OF POLITICAL SCIENCE

 Political Science is the systematic study of state and government. The word “political” is derived
from the Greek word polis, meaning a city, or what today would be the equivalent of sovereign
state; the word “science” comes from the Latin word scire, “ to know”.
SCOPE OF POLITICAL SCIENCE

1. Political Theory- The entire body of doctrines relating to the origin, form, behavior, and purposes
of the state are dealt with in the study of political theory.

2. Public Law- The (a.) organization of governments, (b.) the limitations upon government authority.
(c.) the powers and duties of governmental offices and officers, and, (d.) the obligation of one state
to another are handled in the study of public law.

3. Public Administration- Attention is focused upon the methods and techniques used in the actual
management of state affairs by executive, legislative and judicial branches of the government.

Interrelationship with other branches of learning

1. History- the bond between the political scientist and the historian is obvious in the observation
that “history is past politics and politics is present history”

2. Economics- Political Science and Economics were coupled under the name of political economy.

3. Geography- Geopolitics indicates one approach w/c a political scientist frequently must adopt to
help explain such phenomena as the early growth of Democracy in Great Britain and the U.S and its
retarded growth in certain Continental Europe, and the rise of authoritarian governments in
developing countries.

4. Sociology and Anthropology- the sociologist and the anthropologist are deeply concerned with
the origins and nature of social control and governmental authority.

5. Psychology- The political scientist as well as the psychologist promotes studies of the mental and
emotional processes motivating the political behavior of individuals and groups.

6. Philosophy- The concepts and Doctrines of Plato, Aristotle and Locke are important to the
specialist in academic philosophy and also to the political scientist.

7. Statistics and Logic- The political theorist must posses a broad scientific background and a
knowledge of current political problems, and he must employ scientific methods in gathering and
evaluating data and in drawing conclusions.

8. Jurisprudence- This branch of public law is concerned with the analysis of existing legal systems
and also with the ethical, historical nature of law and of statutes enacted by legislature is
indispensable to the political theorist.
FUNCTIONS AND IMPORTANCE OF POLITICAL SCIENCE

The function of political science is to discover the principles that should be adhered to in public
affairs and to study the operations of government in order to demonstrate what is good, to criticize
what is bad or inefficient, and to suggest improvements.

2. Its findings and conclusions may be of immense practical use to constitution- makers, legislators,
executives, and judges who need models or norms that can be applied to immediate situations.

3. The study of political science deals also with problems, of social welfare, governmental economic
programs, international cooperation, and a wide range of other of other matters that are urgent
concern to public officials and to private citizens.

GOAL IN THE STUDY OF POLITICAL SCIENCE

1. Education for citizenship- It should be made clear that the primary objective of the political
science curriculum I s education for citizenship.

2. Essential parts of Liberal Education- Most political science courses should be viewed as
essential parts of liberal education, bearing no materialistic price tag and promising no job
security.

3 .Knowledge and understanding of government- Political Science seeks to gather and impart
this knowledge and understanding.

Essential Parts of a Constitution

 Constitution of Government- the series of provisions outlining the organizations of the

government, enumerating it’s powers, laying down certain rules relative to it’s
administration and defining the electorate.
Ex. Art. V, VI, VII, VIII and IX
 Constitution of Liberty- sets the civil and political rights of citizens and imposing
limitations on the part of the government.
 Constitution of Sovereignty- sets the modes for effecting formal changes in the
fundamental law

Origin of States

1 .Divine Right Theory- It holds that the state is of divine creation and the ruler is ordained
by God to govern the people.

2. Necessity or force- It maintains that states must have been created through force, by
some great warriors who imposed their will upon the weak.

3. Paternalistic- Theory- It attributes the origin of states to the enlargement of the family
which remained under the authority of the father or mother.
 4. Social Contract Theory- It asserts that the early states must have been formed by
deliberate and voluntary compact among the people to form a society and organize government
for their common good. This theory justifies the right of the people to revolt against

STATE DISTINGUISHED FROM NATION

1. The state is a political concept, while nation is an ethnic concept. A nation is a group of people
bound together by certain characteristics such as common social origin, language, customs, and
traditions, and who believe that they are one and distinct from others.

2. A state is not subject to external control while nation may or may not be independent of
external control; and

3. A single state may consist of one or more nations or peoples and conversely, a single nation
may be made up of several states. The Philippines is a state composed of one nation.

STATE DISTINGUISHED FROM GOVERNMENT

 The government is only the agency through which the state expresses its will. A state cannot
exist without a government, but it is possible to have a government without a state.

 A government may change, its forms may change, but the state, as long as its essential
elements are present, remains the same.

PURPOSE AND NECESSITY OF GOVERNMENT

1. Advancement of the public welfare- It is necessary for the protection of society and its
members, the security of persons and property, the administration of justice, the preservation of
state from external danger, and the advancement of the physical, economic, social and cultural
well- being of the people.

2. Consequence of absence- Government exist to do these things which by their nature, it is

better to equipped to administer to the public welfare than any private individual or group of
individuals.

 The need for government is so apparent that even the most primitive societies, history
shows, had some form of it.

FORMS OF GOVERNMENT

1. As to number of persons exercising sovereign powers:

a. Monarchy or one in which the supreme and final authority is in the hands of a single person
without regard to the source of his election or the nature or duration of his tenure.

Monarchies are classified into two:

1. Absolute monarchy or one in which the ruler rules by divine right; and

2. Limited monarchy or one in which the ruler rules in accordance with a constitution.
 b. b. Aristocracy or one in which political power is exercised by a few privileged class which is
known as an aristocracy or oligarchy; and

c. c. Democracy or one in which political power is exercised by a majority of a people.

Democratic governments are further classified into:

1. Direct or pure democracy- or one in which the will of the state is formulated.

2. Indirect, representative, or republican democracy or one in which the will of state is

formulated and expressed through the agency of a relatively small and select body of
persons chosen by the people to act as their representatives.

2. As to extent of powers exercised by the central or national government:

a. Unitary government or one in which the control of national and local affairs is exercised by the
central or national government; and

b. Federal government or one in which the powers of government are divided between two sets
of organs, one for national affairs and the other for local affairs. The United States is a federal
government.

3. As to relationship between the executive and the legislative branches of the governments:

a. Parliamentary government or one in which the state confers upon the legislature the power to
terminate the tenure of office of the real executive.

b. Presidential government or one in which the state makes the executive constitutionally
independent of the legislature as regards his tenure and to a large extent as regards his policies
and acts, and furnishes him with sufficient powers to prevent the legislature from trenching
upon the sphere marked out by the constitution as executive independence and prerogative.

THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The pre-Spanish government

1. Unit of government- Prior to the arrival of the Spaniards, the Philippines was composed of
settlements or villages, each called barangay, named after balangay, a Malayan word meaning
“boat”.

2. Datu- Each barangay was ruled by a chief called datu in some places, and rajah, sultan or
hadji in others. He was its chief executive, law-giver, chief judge, and military head.

3. Social classes in the barangay- The people of the barangay were divided into four classes,
namely: the nobility (maharlika), to which the datu belonged, the freemen (timawa), the serfs
(aliping namamahay), and the slaves (aliping sagigilid).

4. Early laws- The early Filipinos had both written and unwritten laws. There are two known
written codes in the pre- Spanish era which are the “Maragtas Code” and the “Kalantiaw Code”.
5. Comparison with other ancient governments- It can be said that the laws of the barangay
were generally fair. The of system of government, although defective was not so bad considering
the conditions in other lands in the age during which is flourished.

GOVERNMENT DURING THE SPANISH PERIOD

1. Spain’s title to the Philippines- It was based on the discovery made by Ferdinand Magellan in
1521, consummated by its conquest by Miguel Lopez de Legazpi 45 years later and long
possesion for almost 4 centuries.

2. Spanish colonial government- From 1565 to 1821, the Philippines was indirectly governed by
the King of Spain through Mexico. The council in Spain responsible for the administration of the
Philippines was the council of Indies.

3. Government in the Philippines unitary- The government which Spain established in the
Philippines was centralized in structure and national in scope.

4. The Governor-General- The powers of the government were actually exercised by the
Governor-General who resided in Manila. He was “Governor-General,” Captain General,” and
“vice-royal patron”.

5. The Judiciary- The Royal Audencia which was established in 1583 was the Supreme Court of
the Philippines during the Spanish times.. Its decision was final except on certain cases of great
importance which could be appealed to the King of Spain. It also performed functions of
executive and legislative nature.

6. Evaluation of the Spanish Government in the Philippines- The government which is Spain
established in the Philippines was defective.

The demerits, however, of the Spanish Administration were more than offset by its merits.

a. The Spanish rule, when viewed in the broader light of global colonization. The Filipino
people were not brutalized. Spaniards and Filipinos intermarried and mingled socially.
Slavery and tribal wars were suppressed.

b. It brought about the unification of the Filipino people. The diverse tribes were molded into
one people, under one God, one King, and

c. one government, and out of their common grievances against Spain, blossomed the spirit of
nationalism; and

d. c. Spain uplifted the Filipinos from the dept of primitive culture ad paganism and gave them
the blessings of Christianity and European civilization.
GOVERNMENTS DURING THE REVOLUTIONARY ERA

1. The Katipunan Government- The Katipunan was the secret society that precipitated our
glorious revolution on August 26, 1896. The central government of the Katipunan was vested in
a Supreme council.

2. The Biak-na-Bato Republic- On Nov 1, 1897, a republic was established by Gen. Aguinaldo in
Biak- na- Bato.

3. The Dictatorial Government- The most important achievements of the Dictatorial Government
were the Proclamation of the Philippines Independence at Kawit, Cavite on June 12, 1898 and
the reorganization of local governments.

4.The Revolutionary Government- On June 29, 1898, Gen. Aguinaldo established the
Revolutionary Government replacing the Dictatorial Government with himself as President and a
Congress whose function was advisory and ministerial.

5. The First Philippine Republic- On September 15, 1898, a revolutionary Congress of Filipino
representatives met in Malolos, Bulacan at the call of the Revolutionary Government.

 Our first Philippine was not recognized by the family of nations. It was nevertheless an
organized government because it actually existed and its authority was accepted by the
people. It existed from January 23, 1899 to March 23, 1901.

GOVERNMENTS DURING THE AMERICAN REGIME

1. The Military Government- The American military rule in the Philippines began on August 14,
1898, the day after the capture of Manila.

2. The Civil Government- Pursuant to the so-called Spooner Amendment which ended the
military regime in the Philippines.

3. The commonwealth Government of the Philippines- The next stage in the political
development of the Filipinos was the establishment of the Commonwealth Government of the
Philippines.

GOVERNMENTS DURING THE JAPANESE PERIOD

1. The Japanese Military Administration- It was established in Manila on January 3, 1942, one
day after its occupation.

2. The Philippine Executive Commission- A civil government known as the Philippine Executive
Commission composed of Filipinos with Jorge B. Vargas as chairman, was organized by the
military forces of occupation.

THE PREVIOUS PHILIPPINE REPUBLICS

1. Under joint Resolution No. 93, approved by the United Congress on June 29, 1944, the
President of the United States was authorized to proclaim the independence of the Philippines
prior to July 4, 1946, after the Japanese had been vanquished and constitutional processes in
the country restored.

2. The first Republic was established on January 23, 1899 under the Malolos Constitution; the
Second, on October 14, 1943 under the Japanese- sponsored Constitution, and the Third, on July
4, 1946 under the 1935 Constitution

THE PROVISIONAL GOVERNMENT OF 1986

1. Revolutionary- The government was revolutionary because it was instituted not in accordance
with the procedure provided in an existing Constitution.

2. De jure/ de facto- The first is one constituted or founded in accordance with the existing
constitution of the state, while the other is not so constituted or founded but has the general
support of the people and effective control of the territory over which it exercises its powers. A
de facto government acquires a de jure status when it gains wide acceptance from the people
and recognition from the community of nations.

3. Constitutional and transitory- The provisional government was not a purely revolutionary
government.

4. Democratic- The provisional government was claimed to be democratic because it was

installed by direct action of the people as a direct expression or manifestation of their sovereign
will, and, therefore, it was based on the consent of the governed or the approval of a new
charter.

5. Powers- A revolutionary government being a direct creation of the people, derives its powers
from the people to whom alone it is accountable.

6. The Provisional Constitution- Instead of declaring the 1973 Constitution with certain
amendments and minus certain articles and provisions, as the interim Constitution, Proclamation
No.3 promulgated a Provisional Constitution to replace the former, adopting in toto insofar as
they are not inconsistent with the provisions of the Proclamation, certain provisions of the 1973
Constitution.

CONCEPT OF CONSTITUTION

Meaning of Constitution

The term Constitution refers to “that body of rules and principles in accordance with which the
powers of sovereignty are regularly exercised.

With particular reference to the Constitution of the Philippines, it may be defined as that written
instrument by which the fundamental powers of the government are established, limited, and
defined and by which these powers are distributed among the several departments or branches
for their safe and useful exercise for the benefit of the people.
NATURE AND PUPOSE OR FUNCTION OF FUNCTION

1. Serves as the supreme or fundamental law- A constitution is the charter creating the
government. It has the status of a supreme or fundamental law as it speaks for the entire people
from whom it derives its claim to obedience.

2. Establishes basic framework and underlying principles of government- The purpose of a

constitution is to prescribe the permanent framework of the system of government and to
assign to the different departments or branches, their perspective powers and duties, and to
establish certain basic principles on which the government is founded. It is primarily designed to
preserve and protect the rights and individuals against the arbitrary actions of those in authority.
Its function is not to legislate in detail but to set limits on the otherwise unlimited power of the
legislature.

MEANING OF CONSTITUTIONAL LAW

 Constitutional Law may be defined as that branch of public law which treats of constitutions,
their nature, formation, amendment, and interpretation.

It refers to the law embodied in the Constitution as well as the principles growing out of the
interpretation and application made by the courts of the provisions of the Constitution in
specific cases.

KINDS OF CONSTITUTION

1. As to their origin and history

-a. Conventional or enacted- One which is enacted by a constituent assembly or granted by a

monarch to his subjects like the Constitution of Japan in1889; and

b. Cumulative or evolved- Like the English Constitution, one which is a product of growth or a
long period of development originating in customs, traditions, judicial decisions, etc., rather
from a deliberate and formal enactment.

2. As to their form:

a. Written- One which has been given definite written form at a particular time, usually by a
specially constituted authority called a “constitutional convention”; and

b. Unwritten- One which is entirely the product of political evolution, consisting largely of a
mass of customs, usages and judicial decisions together with a smaller body of statutory
enactments of a fundamental character, usually bearing different dates.

3. As to manner of amending them:

a. Rigid or inelastic- One regarded as a document of special sanctity which cannot be amended
or altered except by some special machinery more cumbrous than the ordinary legislative
process, and
b. Flexible or elastic- One which possesses no higher legal authority than authority than
ordinary laws and which may be altered in the same way ass other laws.

ADVANTAGES AND DISADVANTAGES OF A WRITTEN CONSTITUTION

1. It has the advantage of clearness and definiteness over an unwritten one. This is because it is
prepared with great care and deliberation.

2. Its disadvantage lies in the difficulty of its amendment. (see Art. XVII). This prevents the
immediate introduction of needed changes and may thereby retard the healthy growth and
progress of the state.

CONSTITUTION DISTINGUISHED FROM STATUTE

1. A constitution is a legislation direct from the people, while a statute (see Art. VII, Sec 1.) is a
legislation from the people’s representatives;

2. A constitution merely states the general framework of the law and the government, while a
statute provides the details of the subject of which it treats;

3. A constitution is intended not merely to meet existing conditions but to govern the future,
while a statute is intended primarily to meet existing conditions only; and

4. A constitution is the supreme or fundamental law of the state to which statutes and all other
laws must conform.

Qualities of a good written constitution

 Brief- it must confine itself to basic principles to be implemented with legislative details
more adjustable to change and easier to amend.

 Broad- It provides for the organization of the entire government and covers all persons and
things within the territory of the state and also because it must be comprehensive enough to
provide for every contingency.

 Definite- To prevent ambiguity in its provisions which could result to confusion and
divisiveness among the people.

Classification of constitution

 Written which is embodied in one document or sets of document, while Unwritten is not
integrated into a single concrete form.

 Rigid which may be amended only by formal and difficult process while Flexible is one that
may be changed by ordinary legislation.

 Conventional is enacted is one formally struck off at a definite time and place following a
deliberative effort by a constituent assembly or ruler while Cumulative is result of political
evolution and is changing by accretion.
Supremacy of the constitution

 The Constitution is the basics and paramount law of the land to which other laws must
conform and to which all persons including the highest officials of the land must defer. No
act shall be valid no matter how noble the intention if it conflicts with Constitution. The
Constitution must ever remain supreme. All nust bow to the mandate of this law.
Expediency must not be allowed to sap it’s strength nor greed for power debase it’s
retitude.

Features of the 1987 constitution

 The Constitution consists of 18 articles and is excessively long compared to the 1935 and
1973 Constitution.

 The independence of the judiciary has been strengthened.

 The Bill of rights of the Commonwealth and Marcos Constitution has been considerably
improved and even bolstered with the creation of the Commission on Human Rights.

THE 1935 CONSTITUTION

1. Framing and ratification

Steps:

a. Approval on March 24 1934 by President Franklin D. Roosevelt of the Tydings- Mcduffie Law,
otherwise known as the Philippine Independence Act, enacted by the United States
Congress, authorizing the Philippine Legislature to call a constitutional convention to draft a
constitution for the Philippines;

b. Approval on May 5, 1934 by the Philippine Legislature of a bill calling a constitutional

convention as provided for in the Independence Law.

c. c. Approval on February 8, 1935 by the convention by a vote of 177 to 1 of the Constitution

( the signing began on the following day and was completed on February 19, 1935);

d. d. Approval on March 23, 1935 by Pres. Roosevelt of the Constitution as submitted to him,
together with a certification that the said Constitution conformed with the provisions of the
Independence Law; and

e. e. Ratification on May 14, 1935 of the Constitution by the Filipino electorate by a vote of
1,213,146, with 44,963 against.

2. Limitations and Conditions- It enjoined that the constitution to be drafted should be

republican in form, should include a bill of rights, and should contain certain provisions intended
to define the relations between the Philippines and the United States during the commonwealth
period and after the establishment of the Philippine Republic

3. Sources- Other sources were also consulted by the framers, particularly the Malolos
Constitution and the 3 organic laws that were enforced in the Philippines before the passage of
 the Tydings- Mcduffie Law, namely: the Instruction of Pres. William McKinley to the Second
Philippine Commission on April 7, 1900;the Philippine Bill of July 1, 1902; and the Jones Law of
August 26, 1916 which, of the three mentioned, was the nearest approach to a written
constitution.

4. Scope- The Constitution as approved by the 1935 Constitutional Convention was intended both
for the Commonwealth and the Republic. Thus, Article XVII ( which later became Article XVIII after
the Constitution was amended) declares: “ The government established by this Constitution shall
be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the
sovereignty of the United States and the proclamation of Philippine Independence, the
Commonwealth of the Philippines shall henceforth be known as the Republic of the Philippines.”

5. Amendments- The 1935 Constitution had been amended three times. Among the amendments
are:

A. that establishing a bicameral legislature;

B. that allowing the reeligibility of the President and Vice-President for a second four-year term
of office;

C. that creating a separate Commission on Elections; and

D. the so called Parity Amendment which gave to American Citizens equal right with the
Filipinos in the exploitation of our natural resources and the operation of public utilities.

THE 1973 CONSTITUTION

1. Framing-

A. Taking into account the “felt necessities of the times,” particularly the new and grave
problems arising from an ever increasing population, urgently pressing for solution,
Congress in joint session on March 16, 1967, passed Resolution of Both Houses No. (as
amended by Resolution No. 4, passed on June 17, 1969), authorizing of a constitutional
convention.

B. On August 4, 1970, Republic Act No. 6132 was approved setting November 10, 1970, as
election day for 320 delegates to the Constitutional Convention.

C. The Convention started its work of rewriting the Constitution on June 1, 1971. The 1935
Constitution, with reference to the Malolos Constitution, was made thee basis for the
drafting of amendments to the new Constitution. The proposed Constitution was signed on
November 30, 1972.

2. Approval by Citizens Assemblies- Earl10ier on September 21, 1972, the President of the
Philippines issued Proclamation No. 1081 placing the entire country under martial law.

a. “ To broaden the base of citizens’ participation in the democratic process, and to afford ample
opportunities for the citizenry to express their views on important matters of local or national
concern,” Presidential Decree No. 86 was issued on December 31, 1972 creating a Citizens
Assembly each barrio in municipalities and in each barrio in municipalities and in each district in
Reasons for prohibition against re- election of president chartered cities throughout the
country. Subsequently, Presidential Decree No. 86-A was issued on January 5, 1973 defining the
role of barangays (formerly Citizens Assemblies).

b. Under the same decree, the barangays were to conduct a referendum on national issues
between January 10, and 15, 1973. Pursuant to Presidential Decree No. 86-A, the following
questions were submitted before the Citizens’ Assemblies or Barangays:

1. “Do you approve of the New Constitution?”;

2. “Do you still want a plebiscite to be called to ratify the New Constitution?”

3. Ratification by President proclamation- According to Proclamation No. 1102 issued on January

17, 1973, 14,976,561 members of all the Barangays (Citizens’ Assemblies) voted for the adoption
of the proposed Constitution, as against 743,869 who voted for its rejection. On the question as
to whether or not the people would still like a plebiscite to be called to be ratify the new
Constitution, 14,298,814 answered that there was no need for a plebiscite

3. Amendments- The 1973 Constitution had been amended on four occasions. Among the
amendments are:

a. that making the then incumbent President, the regular president and regular Prime
Minister;

b. that granting concurrent law-making powers to the President which the latter exercised
even after the lifting of martial law in 1981;

c. that establishing a modified parliamentary form of government;

d. d. that permitting natural- born citizens who have lost their citizenship to be transferees of
private land, for use by them as residence;

e. e. that allowing the “grant of lands of the public domain to qualified citizens; and

f. f. that providing for urban land reform and social housing program.

The 1987 constitution

1. Framing and Ratification- The 1987 Constitution was drafted by a Constitutional Commission
created under Article V of Proclamation No.3 issued on March 25, 1986 which promulgated
the Provisional Constitution or “Freedom Constitution” following the installation of a
revolutionary government “ through a direct exercise of the power of the Filipino People.”

a. Pursuant to Proclamation No.3 , the President promulgated on April 23, 1986

Proclamation No. 9, the “Law Governing of the Constitutional Commission of 1986,” “to
organize the Constitutional Commission, to provide for the details for its operation and
establish the procedure for the ratification or rejection of the proposed new Constitution.”
Under the Proclamation, the Constitutional Commission “shall be composed of not more
than fifty (50) national, regional, and sectoral representatives who shall be appointed by the
President.” As constituted, the Commission was composed only of forty-eight (48)
members- forty two (42) men and six (6) women, with a preponderance of lawyers- because
of the withdrawal of an opposition appointee and non- acceptance by the Iglesia ni Kristo of
the President’s offer to submit a nominee.

b. The Constitution Commission, which marked the fourth exercise in the writing of a basic
charter in Philippine history since the Malolos Constitution at the turn of the century,
convened on June 2, 1986 at the Batasang Pambansa Building in Diliman, Quezon City. With
the Malolos Constitution of 1898, the Commission in addition to committee discussions,
public hearings, and plenary sessions, conducted public consultations in different parts of
the country.

c. The proposed new Constitution was approved by t Constitutional Commission on the night
of Sunday, October 12,1986, culminating 133 days of work, by a vote of 44-2. A
Commissioner signed subsequently by affixing his thumb mark at his sickbed on October 14,
1986 so that he actually voted in favor of the draft. Another Commissioner had resigned
earlier. The two Commissioners who dissented also signed “to express their dissent and to
symbolize their four (4) months of participation in drawing up the new Constitution.

d. The Constitutional Commission held its final session in the morning of October 15,1986 to
sign the 109-page draft consisting of a preamble, 18 Articles, 321 Sections and about 2,000
words- after which, on the same day, it presented to the President the original copies in
English and Filipino. It was a ratified by the people in the plebiscite held on February 2,
1987. It superseded the Provisional Constitution which had abrogated the 1973 Charter.

2. Merits and demerits of an appointive framing body- Admittedly, there were some merits
or advantages in delegating the drawing up of the new charter to an appointed
Constitutional Commission rather than to a elected Constitutional Convention.

a. For one, the Constitutional Commission was not expensive and time- consuming, as was
our experience with the 1971 Constitutional Convention and it was thus practical because
the country could not then afford the cost of electing delegates because of lack of funds, and
time was of the essence in view of the instability inherent in a revolutionary government
and the need to accelerate the restoration to full constitutional democracy.

b. However, the strongest and most fundamental argument propounded against this
method is that an appointive body is susceptible to the charge of lack of independence and
the suspicion of pressure and even manipulation by the appointing power.

3. Need to cure defect in the Constitution- To have a truly democratic and constitutional
government, it is absolutely necessary that the Constitution be initially drafted by duly
elected members of a representative constituent assembly or convention and later on
approved by the people in a plebisciite
Basic principles underlying the new constitution

1. Recognition of the aid of Almighty (see Preamble);

2. Sovereignty of the people (see Art.II, Sec.1);

3. Renunciation of war as an instrument of national policy (see Ibid., Sec.2.);

4. Supremacy of civilian authority over the military (see Ibid., sec.,3);

5. Separation of church and State (see Ibid., Sec.6);

6. Recognition of the importance of the family as a basic social institution and of the vital
role of the youth in nation- building (see Ibid., Secs.12,13; Art.XV.);

7. Guarantee of human rights (see Art.III, Secs. 1-22);

8. Government through suffrage (see Art. V, Sec.1);

9. Separation of powers (see Art. VI, Sec.1);

10. Independence of the judiciary (see Art VIII, Sec. 1);

11. Guarantee of local autonomy (see Art. X, Sec.2);

12. High sense of public service morality and accountability of public officers (see Art. XI,
Sec.1);

13. Nationalization of natural resources and certain private enterprises affected with public
interest (see Art. XVI, Sec.2, 3, 17, 18);

14. Non-suability of the State (see Art. XVI, Sec);

15. Rule of the majority; and

16. Government of laws and not of men.

The above principles (except Nos. 15 and 16) are discussed under the corresponding
provisions indicated.

Rule of the majority

. Concept- The observance of the rule of the majority is an unwritten law of popular (i.e ,
democratic) government. The wishes of the majority prevail over those of the minority.

2. Instances- The rule of the majority is observed in our government. Thus, under the new
Constitution :

a. A majority vote of all the respective members of the Congress is necessary to elect the
Senate President and the Speaker of the House of Representatives ( Art.VI, Sec 16(1),), and a
majority of all the members of Congress to concur to a grant of amnesty (Art.VI,Sec.19) and
to pass a law granting tax exemptions. (Art. VI, Sec.28(4). In case of a tie in the election for
 President (or Vice President), the President shall be chosen by the majority vote of all the
members of both Houses of Congress. ( Art.VII, Sec.4)

In case of a tie in the election for the President (or Vice-President), the President shall be
chosen by the majority vote of all the members of both Houses of Congress. (Art.VII, Sec.4).

b. A two-thirds majority of all its respective members is required to suspend or expel a

member of either House (Art.VI, Sec. 16 (3)); of all the members of Congress to declare the
existence of a state of war (Ibid.Sec.23 (2), to reconsider a bill vetoed by the President ( Ibid.,
Sec., 27[2]), and to call a constitutional convention (Art.XVIII, Sec.3); and of all the members
of the Senate to concur to a treaty or International agreement (Art.VII, Sec.21.) and to
render a judgment of conviction in impeachment cases. (Art.XI, Sec.3.[6].

c. Any amendment to, or revision of, the Constitution may be proposed by Congress upon a
vote of three-fourths of all its members (Art.XVII, Sec.1[1]), and it shall be valid when ratified
by a majority of votes cast in a plebiscite. (Ibid.,Sec.4).

d. Decisions of the Supreme Court en banc have to be concurred in by a majority of the

members who actually took part in the deliberations on the issues in the case and vetoed
thereon, to pronounce a treaty, international or executive agreement, or law
unconstitutional x x x. (Art. VIII, Sec.4) In the Court of Appeals, the vote at least the majority
is necessary in many cases. Even in the passage of local ordinances, the rule of the majority
is observed.

3. A practicable rule of law- The device of the majority is a practicable rule of law based on
reason and experience. Democracy assumes that in society of rational beings, the judgment
and experience of many will, in most instances, be superior to the judgment and
experience of the few; and hence, that they verdict of the majority will more likely be
correct than that of the minority. It is, of course, to be understood that the majority acts
within the pale of the law.

Government of law and not of men

1. Concept- By this principle, which is also known and has the same import as the rule of law, is
meant that no man in this country is above or beyond the law. Every man, however high
and mighty his station may be, possesses no greater rights than every other man in the eyes
of the law.

2. Exercise of government powers- A government of laws, as contrasted with a government of

men, is a limited government.

3. Observance of the law- The same is true of private individuals in the community. They are
also bound to respect the sovereignty of the law. A person may not agree with the wisdom and
expediency of the law but it is his duty to follow the law so long as it remains in the statute
books..

4. Significance of the principle- It is basic that laws must be obeyed by all applied to everyone-
rich or poor, lowly or powerful- without fear or favor. The observance of the supremacy of the
 rule of law by officials, individuals, and the people as a whole is what will sustain our democracy
and assure the existence of a truly free, orderly, and equitable society.(see Preamble).

The Preamble

 Comes from the Latin word Preambulare which means to walk before.

 Purpose:

1. It sets down the origin, scope and purpose of the Constitution.

2. Enumerates the aims and expresses the aspiration of the framers in drafting the
Constitution.

3. Useful in the interpretation of the text of the Constitution.

Questions

• Is the Preamble an essential part of the Constitution?

• Can the Constitution stand without the Preamble?

• Who are the authors of the Constitution?

• What are the objectives of the framers?

Article I- the national territory

 The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines .

TERRITORY

 Definition- the fixed portion of the surface of the earth inhabited by the people of the state.

 Components:

Terrestrial Domain- land area

Aerial Domain- air space above

Fluvial- water area

Territorial Seas- 12 Nautical Miles

Contiguous Zone- 24 NM

Exclusive Economic Zone- 200 NM

High Seas- Waters beyond territorial seas

Archipelago doctrine

 The principle whereby the body of water studded with islands , or the islands surrounded
with water, is viewed as a unity of islands and waters together forming one integrated unit.
For this purpose it requires that baseline s be drawn by connecting the appropriate points
of the outermost islands to encircle the islands within the archipelago.

Art. II- declaration of principles and state policies

 Principles- binding rules which must be observed in the conduct of the government.

 Policies- guidelines for the orientation of the state..

 Section 1. The Philippines is a republican and democratic state. Sovereignty resides in the
people and all government authority emanates from them.

State

 Definition- state is a community of persons more or less numerous, permanently occupying

a definite portion of territory, independent of external control and possessing an organized
government to which the great body of inhabitants render habitual obedience.

 Elements of a state

People, territory, government and sovereignty

Elements of state

 People- a community of persons sufficient in number and capable of maintaining the

continued existence of the community and held together by a common bond of law.

 Question- is there any required number of people to compose a state?

Elements of a state

 Territory- the fixed portion of the surface of the earth inhabited by the citizen of the state.

 Sovereignty- the supreme uncontrollable power inherent in a state by which that state is
governed.

 Government- the institution or aggregate of institutions to which the will of the people are
expressed, realized and carried out.
 The Philippines, a democratic and republican state

 A republican government is a democratic government y representatives chosen by the

people at large. The essence, therefore, of a republican state is indirect rule.

Manifestations of a democratic and republican state.

.) The existence of a bill of rights (Art.III);

2.) The observance of the rule of the majority;

3.) The observance of the principle that ours is a government of laws, and not of men;

4.) The presence of elections through popular will (Art.V);

5.) The observance of the principle of separation of powers and the system of checks and
balances.(see. Art.VI, Sec.1)

6.) The observance of the principle that the legislature cannot pass irrepealable laws (see Art.VI,
Sec.26);

7.)The observance of the law on public officers (Art.XI); and

8.) The observance of the principle that the State cannot be sued without its consent. (Art.XVI,
Sec.3

Sovereignty of the people

 Sovereignty implies the supreme authority to govern.

 1.) Exercised indirectly through public officials- But the people do not govern themselves
directly.

 2.)Exercised directly through suffrage- Actual sovereignty is exercised by the people through
the electoral process.

Supremacy of civilian authority over the military

 1.) Inherent in a republican system- The idea of the supremacy of civilian authority, the
highest of such authority being the President.

 2.) A safeguard against military dictatorship- A civilian, the President s the Commander-in-
Chief of all armed forces of the Philippines.

Military and civil service by the people

 1.) Defense of State performed through an army- The duty of the government and the
people to defend the State cannot be performed except through an army.

 2.)Compulsory- Thus, the citizens may be compelled to render personal military, or civil
service.
  3.) Meaning of Civil Service- It refers to any service for the defense of the State other than
as soldiers, like as workers in munition factories.

 4.) Personal- One cannot ender the service required through another. The service must be “
personal”.

 5..) By Law- The phrase “ under conditions provided by aw” is intended to prevent
arbitrariness on the part of certain officials to require military or civil service.

A wall of separation between the church and the state

1.) The State shall have no official religion;

2.) The State cannot set up a church, whether or not supported with public funds; nor aid one
religion, aid all religions or prefer one religion over another;

3.) Every person is free to profess belief or disbelief in any religion;

4.) Every religious minister is free to practice his calling; and

5.) The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.

Republicanism

 A state wherein the government authority emanates from the people and that they are
governed by representatives.

 Manifestations;

Ours is a government of law and not of men.

Rule of majority

Accountability of public officials

Bill of Rights

Legislature can not pass irrepealably laws

Separation of powers

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

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

Article II-State principles

 Section 5. The maintenance of peace and order, the protection of life, liberty, and property,
and promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy.

 Section 6. The separation of Church and State shall be inviolable. 

 

Article II- State policies

 Section 7. The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.

 Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy
of freedom from nuclear weapons in its territory.

 Section 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard of
living, and an improved quality of life for all.

Foreign policy of the Philippines

 Foreign policy is the basic direction underlying the conduct by a State of its affairs vis-à-vis
those of other States.

1.) An instrument of domestic policy- It is the sole weapon of a State for the promotion of
national interest in international affairs.

2. Pursuit of an independent foreign policy- The Constitution mandates the State o pursue an
independent foreign policy.

3.) Paramount consideration- The Constitution recognizes that in the pursuit of an independent
foreign policy in an interdependent world, new realities and new situations may require the
Philippines to make a reappraisal of the conduct of its foreign relations.
Just and dynamic social order

1.) Policies necessary to b pursued- The State shall promote a just and dynamic social order.

2.) Solving the problem of mass poverty- The Preamble calls for the “ establishment of a just and
humane society.”

Social justice

 This policy mandates the State to promote social justice in all phases of national
development. In the fulfillment of tis duty, the State must give preferential attention to the
welfare of the less fortunate members of the community- the poor, the underprivileged
those who have less in life.

Rearing of the youth for civic efficiency and development of moral character

1.) A duty both of parents and government.

2.) Right of State to interfere with education of children.

3.) The State ad parental obligations,

4.) Duty of State to encourage educational institutions.

Role of the youth in nation- building

1.) Today’s youth, more knowledgeable and intelligent.

2.) Duty of the State- The youth constitute a rich reservoir of productive manpower.

3.) Today’s youth, tomorrow’s leaders- By harnessing their enterprising spirit and progressive
iealism.

Role of women in nation- building

1.) Proven capabilities of Filipino women.

2.) Expansion of women’s role.

3.)Equality with men before the law.

Ecology

Is that the branch of science that deals with the study of the interrelationships of living things
(organisms, plants and animals) and their environments. (see Art.XII, Sec.3)

Vital role of communication and information in nation- building

1.) Formation of an enlightened citizenry.

 2.) Promotion of efficiency and economy in government and business.

3.) Development of society

Equal access to opportunities for public service

1.) Limitations of terms of office.

2.) Prohibition of political dynasties.

3.) Prohibition constitutionally mandated

Honesty and integrity in public service

1.) The perennial problem of graft and corruption.

2.) Ways to attack problem.

3.) Need for honesty and integrity in public service.

Article II- State policies

 Section 10. The State shall promote social justice in all phases of national development.

 Section 11. The State values the dignity of every human person and guarantees full respect
for human rights.

 Section 12. The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.

 Section 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.

 Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

 Section 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.

 Section 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

 Sec.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.
 Sec.18 The State affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.

 Sec.19 The State shall develop a self- reliant and independent national economy controlled
by Filipinos.

 Sec.20 The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

 Sec.21 The shall promote comprehensive rural development and agrarian reform.

 Sec.22 The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

 Sec.23 The State shall encourage non- governmental, community- based, or sectoral
organizations that promote the welfare of the nation.

 Sec. 24 The State recognizes the vital role of communication and information in nation-
building,

 Sec.25 The State shall ensure the autonomy of local governments.

 Sec.26 The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as many be defined by law.

 Section 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.

 Section 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of
full public disclosure of all its transactions involving public interest.

Article III- Bill of rights

 Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

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

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

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

 Section 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.

 Section 14. (1) No person shall be held to answer for a criminal offense without due process
of law.

 (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused: Provided, that he has been duly
notified and his failure to appear is unjustifiable.

 Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion, when the public safety requires it.

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

 Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law.

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

 Section 9. Private property shall not be taken for public use without just compensation.

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

 Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
 Section 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.

 (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.

 3) Any confession or admission obtained in violation of this or Section 17 hereof shall be

inadmissible in evidence against him.

 (4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their
families.

 Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or
be released on recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail
shall not be required.

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

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

 Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

 (2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

 Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.

 (2) The employment of physical, psychological, or degrading punishment against any prisoner
or detainee or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

 Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

 Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
  Section 22. No ex post facto law or bill of attainder shall be enacted.

Citizenship

 Sec1. The following are citizens of the Philippines:

1.) Those who are citizens of the Philippines at the time adoption of this Constitution;

2.) Those whose fathers and mothers are citizens of the Philippines;

3.) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon
reaching the age of the majority; and

4.) Those who are naturalized in accordance with law.

 Citizenship-is a term denoting membership of a citizen in a political society, which

membership implies, reciprocally, a duty of allegiance on the part of the member and duty
of protection on the part of the State.

 Citizen- is a person having the title of citizenship. He is a member of a democratic

community who enjoys full civil and political rights, and is accorded protection inside and
outside the territory of the State. Along with other citizens, they compose the political
community.

To be a Filipino citizen, a person must belong to any of the classes of citizens enumerated in
Section 1.

Meaning of Subject and Alien

 A citizen is a member of a democratic community who enjoys full civil and political rights. In
a monarchial state, he is often called subject.

 An alien is a citizen of a country who is residing in or passing through another country. He is

popularly called “foreigner”. He is not given the full rights to citizenship ( such as the right to
vote and to hold public office) but is entitled to receive protection as to his protection as to
his person and property.

General Ways of Acquiring Citizenship

 They are:

1. Involuntary Method- By birth, because of blood relationship or place of birth; and

2. Voluntary Method- By naturalization, except in case collective naturalization of the

inhabitants of a territory which takes place when it is ceded by one state to another as a result
of conquest or treaty.

These two modes of acquiring citizenship correspond to the two kinds of citizens – natural- born
and naturalized citizens.
 Citizens by birth

1. Jus sanguinis- Blood relationship is the basis ft the acquisition of citizenship under this rule.
The children follow the citizenship of the parents or one of them.

2. Jus soli- or Jus loci- Place of birth serves as the basis for acquiring citizenship under this rule. A
person becomes a citizen of the state where he is born irrespective of the parents.

Citizens by naturalization

1. Certain rights and privileges, duties and obligations limited to Filipino citizens- Under the
Constitution, only qualified citizens can exercise the right of suffrage.

2. Constitution nationalistic in character- The Constitution is nationalistic in character.(see Art.XII,

Sec.1,2,3,7,10,12,13; Art.XIV,Secs.4[2], 14, 15, 16; Art.XVI, Sec.11.)

3.are in granting or denying privilege of naturalization essential- If the privilege of

naturalization would be granted on easy terms to foreigners not seriously intent on acquiring
Filipino citizenship, but only desirous of improving his economic condition, then it is likely that
the nationalistic provisions of the Constitution would be reduced to a barren form of words.

4. Ideal policy on naturalization- The policy on naturalization should be guided by our own
national interest. Perhaps the ideal is that only those who have come to love the country, who
have integrated themselves into the citizenry, and who can contribute to the development of the
nation should be conferred citizenship by naturalization.

Naturalization

 Naturalization- is the act of formally adopting a foreigner into the political body of the state
and clothing him with the rights and privileges of citizenship.

Ways of acquiring citizenship by naturalization

1. . By judgment of the court- The foreigner who wants to become a Filipino citizen must apply
for naturalization with the proper Regional Trial Court. He must have all the qualifications and
none of the disqualifications provided by law, and must comply with all the procedure and
conditions prescribed. The Revised Naturalization Act is the present naturalization law. Such law
shall also continue in force pursuant to the transitory provisions of the Constitution ( Art.XVIII,
Sec); or

2. By direct act of Congress- In this case, our law-making body simply enacts an act directly
conferring citizenship on a foreigner; or

3. By administrative proceedings- Under No.9139 ( Jan.8,2001), known as “the Administrative

Naturalization Law 2000,” aliens born and residing in the Philippine citizenship by administrative
proceedings before a Special Committee on Naturalization, subject to certain requirements
dictated by national security and interest.
 Sec.2 Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.

Kinds of citizens under the constitution

 They are:

1. Natural-born citizens- They refer to those:

 A. who at the moment of their birth are already citizens of the Philippines, and

 b. do not have to perform any act to acquire his Philippine citizenship. So, a child born of
Filipino parents, or a Filipino father, or a Filipino mother after the ratification of the 1973
Constitution on January 17,1973, is natural-born citizens. It would seem that a natural born
citizen who has lost his citizenship but subsequently reacquired it is not a natural-born
citizen in view of letter (b) above. (see, however, R.A.No.9225,infra.)

2. Citizens at the time of the adoption of the new Constitution- They refer to those who are
considered citizens of the Philippines under the 1973 Constitution at the time of the adoption of
the new Constitution ;

3. Citizens through election refer to those born of Filipino mothers before January 17,1973 who,
upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973
Constitution (even prior to the effectivity of the new Constitution on Feb.2, 1987)pursuant to
the provisions of the 1935 Constitution. (Sec.1[3].). They are placed on the level as those born of
Filipino mothers on or after January 17, 1973; and

4. Naturalized citizens- They refer to those who were original citizens of another country, but
who, by an intervening act (i.e., naturalization), have acquired new citizenship in a different
country.

 Sec.3. Philippine citizenship may be lost or reacquired in manner provided by law.

Loss of citizenship

1. Voluntarily- They are:

 a. by naturalization in a foreign country (see R.A. No. 9225, infra);

 b. by express renunciation of citizenship;

 c. by subscribing to an oath of allegiance to support the constitution and laws of a foreign

country; and

 d. by rendering service to, or accepting commission in the armed forces of a foreign

country; and

 2. Involuntary- They are:

 a. by cancellation of his certificate of naturalization by the court; and

 b. by having been declared by competent authority, a deserter in the Philippine armed

forces in time of war.

The voluntary loss or renunciation of one’s nationality is called expatriation. In time of war,
however, a Filipino citizen cannot expatriate himself.

Reacquisition of lost citizenship

1. By naturalization, provided the applicant possesses none of the disqualifications provided in

the naturalization law.

2. By repatriation of deserters of the Philippine armed forces and women who lost their
citizenship by reason of marriage to an alien, after the termination of their marital status; and

3. By direct act of Congress of the Philippines.

Repatriation is effected by merely taking the necessary oath of allegiance to the Republic of the
Philippines and registering and same in the proper civil register.

 Sec.4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.

 Sec.5 Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.

Dual Allegiance- which refers to the continued allegiance of naturalized nationals to their mother
country even after they have acquired Filipino citizenship.

 Dual citizenship, on the other hand, refers to the possession of two citizenships by an
individual, that of his original citizenship and that of the country where he became a
naturalized citizen.

Dual citizenship arises because our laws cannot control laws of other countries on citizenship.

Retention and reacquisition of citizenship

1. Retention of Philippine citizenship- Any provision of law to the contrary notwithstanding,

natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of
their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine
citizenship upon taking the following oath of allegiance to the Republic.

2. Derivative citizenship- The unmarried child, whether legitimate. Illegitimate or adopted, below
18 years of age, of those who re- acquire Philippine citizenship upon effectivity of the Act shall
be deemed citizens of the Philippines

3.Civil and political rights and liabilities- Those who retain or re-acquire Philippine citizenship
under the Act shall enjoy full civil and political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the Philippines and the ff. conditions:
 A. Those intending to exercise their right of suffrage must meet the requirements under the
Section 1, Article V of the Constitution, R.A. No. 9189, otherwise known as “ The Overseas
Absentee Voting Act of 2003,” and other existing laws;

B. Those seeking elective public office in the Philippines shall meet the qualifications for holding
such public office as required by the Constitution and existing laws and, at the time of the filling
of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath;

C. Those appointed to any public office shall subscribed and swear to an oath of allegiance to
the Republic of the Philippines and its duly constituted authorities prior to their assumption of
office. They must renounce their oath of allegiance to the foreign country where they took that
oath;

D. Those intending to practice their profession in the Philippines shall apply with the proper
authority for license or permit to engage in such practice; and

E. The right to vote or be elected or appointed to any public office in the Philippines cannot be
exercised by, or extended to, those who:

 1. are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or

 2. are in active service as commissioned or non- commissioned officers in the armed forces of
the country of which they are naturalized citizens.

Duties and obligations of citizens

1. To be loyal to the Republic- By loyalty, we mean faith and confidence in the Republic and love
and devotion to the country.

2. To defend the State- Men may differ and do differ on religious beliefs and creeds, government
policies, the wisdom and validity of laws, even the correctness of judicial decisions and decrees,
but in the field of love of country, national unity, and patriotism, they can hardly afford to differ
for these are matters in which they are mutually and vitally interested, for to them they mean
national existence or survival as a nation or national extincton.

3. To contribute to the development and welfare of the State- It should be the concern of every
citizen for he will be the first to enjoy the benefits thereof.

4. To uphold the Constitution and obey the laws- The Constitution is the expression of the
sovereign will of our people.

5. To cooperate with duly constituted authorities- Community living imposes obligations and
responsibilities upon the individual.

6. To exercise rights responsibility and with due regard for the rights of others.

7. To engage in gainful work- Employment is not the obligation solely of the State. (see Art.II,
Sec.9).
 8. To register and vote- Suffrage is both a privilege and a duty which every qualified citizen must
perform. It is through suffrage that the will of the people is expressed.

Article V

 Suffrage- is the right and obligation to vote of qualified citizens in the election of certain
national and local officers of the government and in the decision of public questions
submitted to the people.

 Sec.1 Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote at least six months
immediately preceding the election. No literacy, property, or other substantive requirement
shall be imposed on the exercised of suffrage.

Nature of Suffrage

1. A mere privilege- Suffrage is not a natural right of the citizens but merely a privilege to be
given or withheld by the lawmaking power subject to constitutional limitations.

2. A political right- In the sense of a right conferred by the Constitution, suffrage is classified as a
political right, enabling every citizen to participate in the process of government to assure that it
derives powers from the consent of the governed.

Scope of Suffrage

1. Election- it is the means by which the people choose their officials for definite and fixed
periods and to whom they entrust, for the time being as their representatives, the exercise of
powers of government;

2. Plebiscite- It is the name given to a vote of the people expressing their choice for or against a
proposed law or enactment submitted to them

3. Referendum- It is the submission of a law or part thereof passed by the national or legislative
body to the voting citizens of a country for their ratification or rejection.

4. Initiative- It is the process whereby the people directly propose and enact laws.

5. Recall- It is a method by which a public officer may be removed from office during his tenure
or before the expiration of his term by a vote of the people after registration of a petition signed
by a required percentage of the qualified voters.

Qualifications of Voters

 He must be:

1. a citizen (male or female) of the Philippines;

2. not otherwise disqualified by law;

3. at least eighteen (18) years of age; and

4 .Have resided in the Philippines for at least one (1) year and in the place wherein he proposes
to vote at least six (6) months preceding the election.

Article VI-Legislative Department

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

 Legislative power- is essentially the authority under the Constitution to make laws and
subsequently, when the need arises, to alter and repeal them.

 Laws- it refers to the statutes which are the written enactments of the legislature governing
the relations of the people among themselves or between them and the government and
its agencies.

 Legislative power vested in Congress- By granting the legislative power to the Congress of
the Philippines which is a double- chamber body consisting of the Senate and the House of
Representatives, a bicameral legislature has been created in place of the unicameral set-up
provided in the 1973 Constitution

Advantages of Bicameralism

 1. A second chamber (Senate) is necessary to serve as a check to hasty and ill-considered

legislation;

 2. It serves as a training ground for future leaders;

 3. It provides a representation for both regional and national interests;

 4.A bicameral legislature is less susceptible to bribery and control of big interests; and

 5. It is the traditional form of legislative body dating from ancient times; as such, it has been
tested and proven in the crucible of human experience,

Disadvantages of bicameralism

1. The bicameral set-up has not worked out as an effective fiscalizing machinery.

2. Although it affords a double consideration of bills, it is no assurance of better considered and

better deliberated legislation;

3. It produces duplication of efforts and serious deadlocks in the enactment of important

measures with the Conference Committee of both Houses, derisively called the “ third
chamber,” practically arrogating unto itself the power to enact law under it authority to thresh
out differences;

4. All things being equal, it is more expensive to maintain than a unicameral legislature; and
5. The prohibited costs of senatorial elections have made it possible for only wealthy individuals
to make it into the Senate; and as to the claim that a Senate is needed to provide a training
ground for future leaders, two of our Presidents became chief executives even if their service
was confined to the House of Representatives.

Classification of powers of congress

1. General legislative power- It is the power to enact laws intended as rules of conduct to govern
the relations among individuals or between the individuals and the State.

2. Specific powers- They are powers which the Constitution expressly directs or authorizes
Congress to exercise like the power to choose who shall become President in case two or more
candidates have an equal and highest number o votes (Art.VII, Sec.4, par,4), to confirm certain
appointments by the President (Ibid.,Sec.16 to promote social justice ( Art.XIII, Sec.1), to declare
the existence of a state of war (Sec.23[1]), to impeach (Art.XI, Sec.2), to act as a constituent
assembly (Art.XVII, sec.1.,), etc.,;

3. Implied powers- They are those essential or necessary to the effective exercise of the powers
expressly granted, like the power to conduct inquiry and investigation in aid of legislation
(Sec.21.) to punish for contempt, to determine the rules of its proceedings (Sec.16 [3]) etc.; and

4. Inherent power- They are the powers which are possessed and can be exercised by every
government because they exist as an attribute of sovereignty.

Principle of separation powers

1. Presidential system- The powers of the government, by virtue of this principle, are divided
into three (3) distinct classes: the legislative, the executive , and the judicial. They are
distributed, respectively, among the legislative, executive and judicial branches or departments
of the government.

2. Parliamentary system- The three-fold division of power is observed in the presidential form of
government which is distinguished by the separation of authority between the executive and the
legislative organ.

3. French presidential- parliamentary system- This is a variant of the two types of government.
The present government of France established in 1958, is known as the Fifth Republic. Its
Constitution establishes the familiar organs of a familiar organs of a parliamentary system (e.g.,
a cabinet and Prime Minister) but delegates broad powers to the President and places serious
limitations on legislative powers.

Principle of checks and balance

 Under the Constitution, there is no absolute separation among the three principal organs of
government.

1. Checks by the President- The President may veto or disapproved bills enacted by Congress
(Sec.27[1]), and through the pardoning power, he may modify or set aside the judgments of
courts. (Art.VII, Sec .19).
2. Checks by Congress- On the other hand, Congress may override the veto of the
President(Sec.27[1]); reject certain appointments of the President (Art.VII, Sec.16); revoke the
proclamation of martial law or suspension of the privilege of the writ of habeas corpus by the
President (Ibid., Sec. 18); and amend or revoke decisions of the courts (by the enactment of a
new law or by an amendment of the old, giving it such meaning and interpretation as to wipe
out the effect of such decisions).

3. Checks by the Judiciary- The judiciary, in turn, with the Supreme Court as the final arbiter may
declare legislative measures executive acts unconstitutional (Art.VIII, Sec.4[2]) and “determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part” of Congress or the President. ( Ibid., Sec. 2, par.2.)

 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
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 Senators 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.

THE SENATE

1. Composition and election- It is composed of 24 Senators. They are elected at large

(nationwide) by the qualified voters, as may be provided by law. (Sec.2.) Unless otherwise
provided by law, the regular election of Senators shall held on the second Monday of May.

2. Term of office- It is six years. It shall commence, unless otherwise provided by law, at noon at
the 30th day of June next following their election.

 The Constitution has a similar provision with respect to the President and Vice-President
(Art.VII, Sec.3 and 4) except that the hour and date of commencement of their term of office
cannot be changed by law.

3. Qualifications- A Senator must be:

 A. a natural-born citizen of the Philippines;

 B. at least 35 years of age on the election (i.e., day of the balloting);

 C. able to read and write;

 D. a registered voter; and

 E. a resident of the Philippines for not less than two(2) years immediately preceding the day
of the election. (Sec.3)

4. Maximum terms- In line with the state policy on equal access to opportunities for public
service and against political dynasties (see Art.II, Sec.26), a Senator is disqualified to serve for
more than two (2) consecutive terms. (Sec.4, par.2). While theoretically the people are the best
judge of whether an official should be reelected or not, the Constitution has opted to impose
term limits to guard against the weakness in our culture that tends to perpetuate political
dynasties.( Art.II, Sec.26). There is no shortage of highly talented and motivated men and
women to replace those who have long been in office

 Registered Voter- is one who shall has all the qualifications for a voter and none of
the disqualifications provided by law and who has registered himself in the list of
voters.

 One’s residence- is the place where one has his true permanent home and to which,
whenever absent, he has the intention of returning. It is therefore, not necessarily
the actual place of residence.

 Sec.5 (1). Thee House of Representatives shall be composed of not more than two hundred
fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.

 (2). The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party-list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representative
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

 (3). Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least two- hundred fifty thousand, or
each province, shall have at least one representative.

 (4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.

 Sec.6. No person shall be a Member of the House of the Representatives unless hi is a

natural-born citizen of the Philippines and, on the day of 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.
 Sec.7. The members of the House of the Representatives shall be elected for 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.

The House of Representatives

 1. Composition and election/ selection- It is composed of not more than 250 members
popularly known as “ Congressmen.” They are elected from legislative or congressional
districts and through a party- list system. The party-list representatives are filled by selection
or election from the labor, peasant, etc. and other sectors as may be provided by law,
except the religious sector. (Sec.5[1]).

 2. Term of office- It is three(3) years, to begin also, unless otherwise provided by law, at
noon on the 30th day next following their election. (Sec.7,par.1) The House of
Representatives is intended to be close to the people. The shorter term of three(3)years is
expected to make the representatives more responsive and sensitive to the needs of their
constituents.

 3 .Qualifications- A representative must be:

 a. a natural-born citizen of the Philippines;

 b. at least 25 years of age on the day of the election;

 c. able to read and write;

 d. except for a party-list representative, a registered voter in the district in which he shall be
elected; and

 e. a resident thereof for a period of not less than one (1) year preceding the day of the
election. (Sec.6)

 4. Maximum terms- The provisions are the same as those for more than three (3)
consecutive terms. (Sec. 7, par,2).

 Under the Constitution, a representative cannot serve continuously for more than nine (9)
years.

Number, Election/ Selection and Classification of Members

 1. The Constitution limits to 250 the maximum number of members the House of
Representatives may have. The same may increased by the law. Fixing a ceiling in its
membership which cannot be changed without constitutional amendment may not be
practical, for what may be an ideal number today may not be so anymore in the years to
come.
 2. The members of the House of Representatives shall be elected from legislative districts
and through a party-list system of registered national, regional and sectoral parties or
organizations.

 3. Thus, the members of the House of Representatives may be classified into district, party-
list, and sectoral representatives with the last to exist only for three (3) consecutive terms
after the ratification of the Constitution.

Apportionment of Elected Representatives

 1. Conditions for apportionments- It is a requirement under Section 5 that elected

representatives from elected representatives from legislative districts shall be apportioned
or distributed among the provinces, cities and the Metropolitan Manila area subject to the
following conditions:

 a. Such apportionment shall be made in accordance with the number of their respective
inhabitants.

 b. It shall be made on the basis of a uniform and progressive ratio;

 c. Each legislative district shall comprise as far as practicable, contiguous, compact and
adjacent territory; and

 d. Each city with a population of at least 250,000 or each province shall have at least one
representative.

 Ratio to be adopted- 2. Under the Constitution, the ratio to be adopted must be uniform,
say, for example, one territorial unit for every 250,000 inhabitants or fraction thereof

 The ratio must also be progressive, for the size of the House of Representatives must be
considered. It must be to big as to be unwieldy. So, 300,000 inhabitants for each legislative
district.

 4. Reapportionment of Legislative Districts- (3) years following the return of every census,
Congress is mandated to make a reapportionment or redistribution of legislative districts
based on the above standards provided by the Constitution (Sec.5[4]) so that inequalities of
representation that arise because of changes in population may be corrected.

Party-list and Sectoral Representation

 . Aim of the party-list system- The basic aim of representative government is to attain the
broadest possible representation of all interests in its law and policy- making body.

 2. Appointment/ selection of sectoral representatives- Under the party-list system, in

addition to the members of the House of Representatives elected from the legislative
districts, 20% of its composition or membership (or ratio of one party-list representative for
every 4 legislative district representatives) shall be elected from a list of registered national,
regional, and sectoral parties or organizations(see. Art.IX, C-Secs.7,8)
 3. Need for sectoral representation- Sectoral representation is necessary because it is almost
impossible for, say a farmer, laborer or public school teacher, to win in an election. It will
foster the rise of non-traditional, political parties and greater participation for various
interests groups, not to mention genuine grassroots consultation.

 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.

 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.

Kinds of Election for Members of Congress

 1. Regular election-It shall be held on the second Monday of May. Congress may, by law,
provided the otherwise. (Sec.8). If the election is held beyond the term of office, the
members of the Congress cannot hold over. The purpose of a regular election is to give the
people an opportunity to renew or withhold their mandate on elected officials; and

 2. Special election- It may be called in case a vacancy arises in the Senate or House of
Representatives to fill such vacancy in the manner prescribed by law. The Senator or
Representative shall serve only for the unexpired term. (Sec.9.) The authority to call a special
election may be given by law to the Commission on Elections. The holding of a special
election is not made mandatory by the Constitution.

 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

 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.

When Immunity Cannot be Invoked

 1. The offense by reason of which the arrest is made is punishable by more than six (6) years
imprisonment. In this case, the seriousness of the offense does not justify the grant of the
privilege; or

 2. Congress is no longer in session. In such case, the reason of the privilege does not obtain.

 The privilege is a personal one and may be waived.

When Immunity Cannot be Claimed

 The privilege cannot be claimed where:

 1. The member is not acting as a member of Congress, for he is not entitled to any privileges
above his fellow citizens; nor are the rights of the people affected if he is placed on the
same ground on which his constituents stand; and

 2. The member is being questioned in Congress itself, whenever said body considers that his
words and conduct are disorderly; and

 Sec.12. All Members of the Senate and 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 filling of a
proposed legislation of which they are authors unbecoming of a member thereof.

 Sec.13. No Senator or Member of 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 be appointed to any office which may have
been created or the emoluments thereof increased during the term for which he was
elected.

 Sec.14. No Senator or 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.

 Sec.15. The Congress shall convene once every year on the fourth Monday of July for its
regular 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.

 Sec.16 (1) The Senate shall elect its President and the House of Representatives its Speaker,
by majority vote of all its respective Members.

 Each House shall choose such other officers as it may deem necessary.

 (2) A majority of each House shall constitute a quorum to do business, but a smaller number
may adjourn from day to day and may compel the attendance of absent Members in such
manner, and under such penalties, as such House may provide.

 3) Each House may determine the rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspension,
when imposed, shall not exceed sixty days.

 (4) Each House shall keep a Journal of its proceedings, and from time to time publish the
same, excepting such parts as may, in its judgment, affect national security; and the yeas
 and nays on any question shall, at the request of one-fifth of the Members present, be
entered in the Journal.

 Each House shall also keep a Record of its proceedings.

 (5) Neither House during the sessions of the Congress shall, without the consent of other,
adjourn for more than three days, nor to any other place than that in which the two Houses
shall be sitting.

Quorum

 It is such a number of the membership of an assembly or collective body as is competent to

transact its business. In other words, it is that number that makes a lawful body and gives it
power to pass a law or ordinance or do any other valid corporate act.

 Ordinarily, a quorum is at least one-half plus one of the members of a body.

Basis of quorum in each house

 Under the Constitution, “a majority of each House’ shall constitute a quorum to do business
(Sec.16[2]) during its sessions, whether regular or special.

 There is a difference between “majority of all the members” of a body and “a

majority” of the body, the latter requiring less number than the former. Under
Section 16[2], the basis of the quorum is not the number of all the members who
constitute the entire membership of each House.

 Members suspended or otherwise prevented from participating in the functions of either

House or who for the time being may be outside the Philippines and on whom Congress has,
therefore, no coercive power to enforce its authority and command, should not be counted.

Adjournment in absence of quorum

 In the absence of a quorum, a smaller number may adjourn from day to day and may compel
the attendance of the absent members I such manner, and under such penalties, as each
House may provide. This smaller body is competent to issue orders for the arrest of the
absent members and to choose an acting Senate President or Acting Speaker as an
emergency measure.

 Without the above power of each House, members who refuse to attend to its sessions
could obstruct legislative work.

Rules of procedure

 -are the rules made by any legislative body to regulate the mode and manner of conducting
its business.

 They are intended for the orderly and proper disposition of the matters before it. Thus, the
procedure and the rules to be observed in its deliberations(e.g., what committees, and upon
what subjects they shall e appointed; what shall be the order in which the business shall be
 taken up; in what order certain motions shall be received and acted upon); election of
officers; penelties to be imposed upon erring members; and many other kindred matters,
are proper subjects of the rules of procedure.

Votes Required

 To suspend or expel a member, the concurrence of two-thirds of all the members of each
House is necessary. If the penalty is suspension, this shall not exceed 60 days.

 Each House has no power to suspend a member for an indefinite period of time. An
indefinite suspension is considered worse than expulsion in the sense that in the former, a
vacancy does not arise and consequently, the people are deprived of the opportunity to
elect a replacement for the period of the suspension.

Legislative Journal

 -is defined as the official record of what is done and passed in a legislative assembly. It is so-
called because the proceedings are entered therein in chronological order as they occur
from day to day.

 The record is frequently spoken of in the plural as the “journals.”

 Sec.17. The Senate and the House of Representatives shall it 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 on
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 of organizations registered under
the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be
its Chairman.

 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 the proportional representation from
the political parties and the parties or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not vote, except in the 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.

 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 herein conferred
upon it.
Electoral tribunal in each house

 1. Composition, constitution and jurisdiction- An Electoral Tribunal, composed of nine(9)

members, three(3)Justices of the Supreme Court designated by the Chief Justice and six (6)
members of the Senate or the House of Representatives, as the case may 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- is created in each
House of Congress. It shall be constituted within 30 days after the Senate and the House of
Representatives shall have been organized with the election of the President and the
Speaker.(Sec.19).

 2.Reason for creation- Under the 1973 Constitution, this power was given to the Commission
on Elections. It would seem inappropriate for an administrative agency, an independent
constitutional body notwithstanding, composed wholly of appointive members, to act as a
judge of election contests affecting elected members of no less than the legislative organ of
the State.

 The system also enables Congress to concentrate on its proper function which is lawmaking,
rather than spend part of its time adjudicating election contest.

Commission on appointments in congress

 1.Composition, constitution, and nature- The Commission on Appointments is composed of

25 members- the President of the Senate as ex-officio Chairman, 12 Senators and 12
members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and the parties or organizations
registered under the party-list system.

 2. Power or function- The power of the Commission on Appointments is to approve or

disapprove appointments submitted to it by the President. It must act on all such
appointments, by a majority vote of all the members, within 30 session days of Congress
from their submission.

 3. Reason for creation-The creation of a Commission on Appointments, which was provided

in the 1935 Constitution, is based on the principle that it is best to have a deliberative body
pass upon appointments to important positions in the government.

 Sec.20. The records and books of accounts of the Congress shall be preserved and be open
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.

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.

Sec.22. The heads of the 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 or any matter pertaining to their departments. Written question
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.

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 war.

(2.) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy.

Power to declare existence of a state of war

The constitution grants Congress the sole power to declare the existence of a state of war. The
concurrence of two thirds of both Houses in joint session assembled, voting separately

(not jointly) is required for the exercise of this power . (Sec. 23[1].) Because war directly and
vitally affects all the components of the entire nation, it is deemed essential that the
responsibility to make such declaration should rest with the direct representatives of the people
in Congress.

While the redponsibility to make the declaration rests on Congress, the president, however,
through his dealings with a foreign country, may bring about a state of affairs that Congress may
be left with no alternative but to recognize and declare the existence of a state of war. The
president may find it necessary to engage in war without waiting for Congress to make a
declaration of war.

War contemplated

 The war contemplated here is a defensive, not an aggressive war, because by express
constitutional provision, the Philippines renounces war as an instrument of national policy.
(Art. II, Sec. 2.)

 The phrase “to derclare war” in the 1935 Constitution was chanced to “to declare the
existence of war” in the 1973 Constitution which is retained in the new constitution except
with the Insertion “of a state” because the original provision in the 1935 Constitution may
give the impression that Congress can declare a war of aggression.

Delegation of emergency powers.

Section 23(2) is an exception to the rule that the Congress may not delegate its legislative
authority to any other office, agency, or entity.

(see Sec. 28[2].) During grave emergencies, it may not be possible or practicable for
Congress to meet and exercise powers. To meet any such occasion, the Constitution expressly
permits Congress to grant legislative powers to the President, subject to certain conditions as
follows:

(1) The emergency powers may be granted by law to the President only in times of war
(whether declared or not) or other national emergency (e.g., rebellion, grave economic
depression). It is the Congress that determines whether there is a war or national emergency
(see Art. XII, Sec. 17.);

 2) The said powers must be exercised only during a limited period, that is, for the duration of
the war or other national emergency;

 (3) They must be exercised subject to such restrictions (e.g, requiring the President to make
a report to the Congress when it meets in session as the Congress may prescribe;

 (4) They must be exercised to carry out a national policy as declared in the law delegating
the authority; and

 (5) They shall automatically cease upon the next adjournment (i.e., adjournment of the next
session) of Congress, unless sooner withdrawn by resolution in view of its opinion that the
emergency has eased.

 SEC.24. All appropriation, revenue or tariff bills, bills authorizing increase of the public dept,
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 appropriations bill.

An appropriations bill is one the primary and specific aim of which is to make appropriations
of money from the public treasury. A bill of general legislation which carries an
appropriation as an accident thereto to carry out its primary and specific purpose is not an
appropriations bill.

Kinds of appropriations

1. Annual or general appropriations- They set aside the annual expenses for the general
operation of the government. The general appropriations bill is more popularly known as the
budget.

2. 2. Special or supplemental appropriations- They include all appropriations not contained in

the budget;

3. Specific appropriation- One which sets aside a named sum of the money for the payment of a
particular expense; and

4. Continuing appropriation- One which provides a definite sum to be always available from year
to year, without the necessity of further legislative action, for the purpose appropriated even
after the original amount shall have been fully spent.

Meaning of other bills

 1. Revenue bill- One the primary and specific purpose of which is to raise revenue.

 2. Tariff bill- As used in the Constitution, it has reference to one imposing customs duties for
revenue purposes.

 3. Bill authorizing increase of the public debt- One which creates public indebtedness such
as bill providing the issuance of bonds and other forms of obligations.

 4. Bill of local application- One affecting purely local or municipal concerns like one creating
a city or municipality or changing its name.

 5. Private bill- One affecting purely private interest, such as one granting a franchise to a
person or corporation, or compensation to a person for damages suffered by him for which
the government considers itself liable.

 Sec. (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.

 (3) The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and 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 proposal 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 heads of 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.

 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 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.

 Budget- is the financial program of the national government for a designated calendar year,
consisting of statements of estimated receipts from revenues and expenditures for the
calendar on which it is intended to be effective based on the results of operations during the
preceding calendar year.
 It refers to the financial plan required to be prepared pursuant to Sec.16(1), Article VIII of
the Constitution.

 Sec.26 (1) Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.

 (2)No bill passed either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its 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 pubic 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.

Limitations on the power of congress

 (1) Substantive- They refer to the subject matter of legislation, and they may be:

 (a.) Implied limitations- They do not arise from any specific provision of the Constitution but
are inferred from the nature and character of our government, such as the prohibitions
against the delegation of the power to make laws and the passage of irrepealable laws;

 (b) Specific limitations on general legislative powers- They restrict the field of legislation in
general and they are mainly found in the Bill of Rights; and

 (c) Specific limitations on specific powers- They are scattered on different parts of the
Constitution.

 (2) Formal- They refer to the procedural requirements to be complied with by Congress in
the passage of bills and the form and content of the same.

Steps in the passage of the bill

 . First Reading- Any member of either House may present a proposed bill (see Sec.24),
signed by him, For First reading and reference to the proper committee.

 2. Referral to appropriate committee- Immediately after the First Reading, the bill is
referred to the proper committee or committees for study and consideration.

 3. Second Reading- If the committee reports the bill is forwarded to the Committee on Rules
so that it can be calendared for deliberation on Second Reading. At this stage, the bill is read
for the second time in its entirety together with the amendments, if any, proposed by the
committee unless the reading is dispensed with by a majority vote of the House.

 4. Debates- A general debate is then opened after the Second Reading and sponsorship
speech of the author of the bill.

 5. Printing and distribution- After approval of the bill on Second Reading, the bill is then
ordered printed in its final form or version and copies of it are distributed among the
members of the House three days before its passage except in case of bills certified by the
President. (Sec.26[2]);
 6. Third Reading- At this stage, only the title of the bill is read on the floor: Nominal voting is
held.

 7. Referral to the other House- If approved, the bill is then referred to the other House
where substantially the same procedure takes place.

 8. Submission to joint bicameral committee- Differences, if any, between the House’s bill and
the Senate’s amended version, and vice versa are submitted to a conference committee of
members of both Houses for compromise or to reconcile conflicting provisions.

 9. Submission to the President- A bill approved on Third Reading by both Houses shall be
printed and forthwith transmitted to the President for his action- approval that is, he either
signs it into law or vetoes and sends it back with his veto message

Sec.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 name 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
date of receipt thereof; otherwise, it shall become a law as if he had signed it.

(2)The President shall have the power to veto any particular item or items in an
appropriation, revenue or tariff bill, but the vet shall not affect the item or items to which
he does not object.

 Bill- is a draft of a law submitted to the consideration of a legislative body for its adoption.

 Statute- is the written will of the legislature as an organized body expressed according to
the form necessary to constitute it into a law of the state, and rendered authentic by certain
prescribed forms and solemnities.

 The term “act” is often used in referring to a statute.

How statutes identified

 Statutes passed by the former Congress are, for purposes of formal reference, denominated
as acts. They are identified by their serial numbers(e.g., Republic Act No.386). Where a
special title is supplied for a particular statute (e.g.”Civil Code of the Philippines”), such title
may also be used for identification.

 Statute enacted by the former Batasang Pambansa are also identified by their serial
numbers (e.g., Batas Pambansa Blg.25).

Formal parts of a law

 1. Title- It announces the subject matter of the act. (see Sec.27[1] supra). Thus, Republic Act
No.386 has for its title, “An Act to Ordain and Institute the Civil Code of the Philippines”.

 2. Preamble- It follows the title and precedes the enacting clause. It is a sort of introduction
or preface of a law. The purpose of the preamble is to explain the reasons for the enactment
of a law and the objects sought to be attained. It is not considered part of the substance of
the law

 3.Enacting clause- It immediately precedes the body of the statute and it serves as a formal
means of identifying the legislative body that enacts the law. Republic Act No.386 has for its
enacting clause, “Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress Assembled.” In the case of the Batasang Pambansa, the enacting
clause is as follows: “Be it enacted by the Batasang Pambansa, in session assembled.” The
Consttution does not also require the use of an enacting clause in bills enated into law;

 4. Body- It is that portion containing the proposed law or statute itself; and

 5.Effectivity clause- It is that portion providing for the time when the law shall take effect. A
law takes effect 15 days following the completion of its publication in the official Gazette
(which is the official publication of the Philippine government) or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided, e. g., a date is fixed for its
effectivity.

When a bill may become a law

 . When the President approves the bill by signing it;

 2. When he vetoes the bill and returns the same with his objections to the House where it
originated, and the same is repassed over his veto by a vote of two-thirds of all members
present constituting a quorum) of both Houses; and

 3. If the President does not communicate his veto of any bill to the House where it
originated within thirty (30) days after the date of receipt thereof, in which case it shall
become a law as if he had signed it. (Sec.27[1].)

 Only simple majority of Congress is required in enacting ordinary laws. (see Secs. 16[2],23,
28[4]; Art.VIII, Sec.21)

 The signature of the President is not necessary to enact a law when the people by virtue of
their reserved powers directly participate in the legislative process by initiative and
referendum.

Veto power of the president

 The word veto is the Latin term for “ I forbid” or “deny”. It is the power vested in the
President to disapprove acts passed by Congress. The veto message to the House where the
bill originated explains his objections to the bill. (Sec.27[1]).
Purpose of veto

 1. To enable the executive department to protect its integrity as an equal branch of the
government and thus maintain an equilibrium of governmental powers; and

 2. To provide a check on hasty, corrupt, or ill- considered legislation.

Pocket veto not allowed

 Under the Constitution, the president does not have the so-called pocket veto power, i.e.
Disapproval of a bill by inaction on his part. The failure of the President to communicate his
veto of any bill presented to him within thirty (30) days after the date of receipt thereof
automatically causes the bill to become a law. (Sec.27[1]).

 The rule corrects the Presidential practice under the 1935 Constitution of releasing veto
messages long after he should have acted on the bill. It also avoids uncertainty as to what
news laws are in force.

When partial veto allowed

 As a general rule, the President may not veto a bill in part and approve it in part. The
exception is provided in paragraph (2) of Section 27 which grants the President the power to
veto any particular item or items in an appropriation, revenue, or tariff bill. (see. Sec.25.) The
veto in such case shall not affect the item or items to which he does not object.

 As a general rule, the President may not veto a bill in part and approve it in part. The
exception is provided in paragraph (2) of Section 27 which grants the President the power to
veto any particular item or items in an appropriation, revenue, or tariff bill. (see. Sec.25.) The
veto in such case shall not affect the item or items to which he does not object.

Resolution

 Resolution has been defined as a formal expression of opinion, will, or intent by an official
body or assembled group.

 Kinds of Resolutions

 1. Simple, if passed by either House for its exclusive use or purpose;

 2.concurrent, if passed independently in one House and ratified by the other in the same
manner as a bill; and

 3.joint, if approved by both Houses meeting I joint session but voting separately.

Use of Resolutions

 1. Resolutions are employed with respect to matters within the exclusive authority of the
lawmaking body and do not, therefore, require the approval of the President for their
effectivity. Thus, the rules of procedure of a lawmaking body, orders imposing penalty upon
 any of its members, or proposals for constitutional amendments would be embodied in
resolutions.

 2. They are also used when a lawmaking body expresses an attitude or opinion. Thus,
resolutions would be proper in expressing condolences on the death of a member or of a
high government official, or in declaring its opinion on important national questions

 3. under Section 28(2), the power to fix tariff rates, etc. delegated to the President may be
withdrawn by the lawmaking body by means of resolution.

Uniformity in taxation

 Uniformity in taxation means that “ all taxable articles or properties of the same class shall
be taxed at the same rate.” Different articles may, therefore, be taxed at different rates or
amounts provided that the rate us the same on the same class everywhere.

 Concept of equity in taxation requires that such apportionment be more or less just in the
light of the taxpayer’s ability to shoulder the tax burden and if warranted, on the basis of the
benefits he receives from the government.

Progressive system of taxation

 To achieve the equity objective in taxation, the Constitution enjoins Congress to “evolve a
progressive system of taxation.” This means that tax laws shall place more emphasis on
direct rather than on indirect taxes, with ability to pay as the main criterion.

 The individual income tax provides the best example of a direct and progressive tax. The rate
of the tax increases as the tax base or bracket increases.

The power of appropriation

 The power to appropriate public funds for the maintenance of the government function
which is vested in Congress. Section 29(1) is based upon the principle that the people’s
money may be spent only with their consent.. That consent may be expressed either in the
Constitution itself or in valid acts of Congress as the direct representative of the people. It
acts as a legislative check upon the disbursing power of the President, or the heads of
departments and other executive officials. Without the restriction, government funds would
be misused.

 In case a special election for President and Vice- President is called by Congress, the
appropriations and shall be exempt from the requirement of Section 29(1). (See Art.VII,
Sec.10)

 An appropriation is per se nothing more than the authorization by law that money may be
paid out of the public treasury. It is the setting apart or assigning to a particular use a certain
sum of the public funds.

The prohibition, however, is not violated when:

 1. Payment given as compensation- Where the use of public money is not for the benefit of
the priest, etc. as such but is in the nature of compensation to the priest, etc., who is
assigned to the armed forces, or to any penal institution, or government orphanage or
leprosarium (Sec.29[2])

 2.Religious use incidental- Where the use of public property for religious purposes is
incidental and temporary, and is compatible with the use to which other members of the
community are entitled, or may be authorized to make.

 3. Use, public in nature- Where, for example, public funds are used for postage stamps
commemorating the celebration in Manila of the 33 rd International Eucharistic Congress
organized by the Roman Catholic Church and the purpose is to advertise the Philippines and
not to favor any particular church or denominations.

 4. Payment based on contract- Where, for example, rents are paid for a portion of a church
or other building belonging to a sectarian institution leased by the government for school or
other public purposes since the public receives the full benefit of its contract; and

 5.Consideration received- Where, for example, free supply of water is given by a municipality
to a religious organization not on account of any religious consideration but in exchange for
a donation of property made to the former by the latter

 Initiative- It is the reserved power of the people to directly propose and enact laws at polls
called for the purpose independently of Congress or of a local legislative body.

 Referendum- It is the process by which any act or law or part thereof passed by Congress or
by a local legislative body is submitted to the people for their approval or disapproval

Article VII-Executive department

 Executive Power- has been defined as the power to administer the laws, which means
carrying them into practical operation and enforcing their due observance.

The “laws” include the Constitution, statutes enacted by Congress, decrees, and executive
orders of the President, and decision of courts

Qualifications of the President and vice president

 1. He is natural-born citizen of the Philippines;

 2. He is a registered voter;

 3. he is able to read and write;

 4. He is at least 40 years of age on the day of the election (not proclamation or assumption
of office) for President; and

 5. He is a resident of the Philippines for at least 10 years immediately preceding such

election.
Election of the president and vice president

 1.System of direct voting- The Constitution retains the system direct popular election of the
President despite criticism for abetting massive vote- buying and other undesirable
practices.

 a. This is considered more democratic and more in keeping with the Filipino culture and
tradition that they individually vote for their leader- their choice of the man who would be
their President.

 b. On the part of the President, the fact that he has popular support would enable him to
muster the necessary courage to effect policies promotive of the greater good despite
opposition from vested interests.

 (2) Election by Congress in case of a tie- In case of a tie, however, the President shall be
chosen for the term fixed in the Constitution by a vote of a majority of all the members of
Congress in session assembled. (Sec. 4, par.5)

 The Vice President is elected with and in the same manner as the President. (Sec.4,par.1)

 Unless otherwise provided by the law, the regular election for President and Vice President
shall be held on the Second Monday of May.

Term of office of the president and vice president

 The President and Vice President enjoy security of tenure. Their term of office is six (6) years
“which shall begin at noon at the same date six(6) years thereafter.”(par.1)

 The President- elect and Vice President-elect shall assume their office at the beginning of
their terms. (Sec.7, par.1)

Term of office distinguished from tenure of office; right to hold office; and office

 1. The phrase term of office refers to the period, duration or length of time during which an
officer may claim to hold the office as of right, and fixes the interval after which the several
incumbents shall succeed one another.

 2. It is not to be confused with tenure of office (or actual incumbency) which represents the
period during which the incumbent actually holds the office. The tenure may be shorter than
the term for reasons within or beyond the power of the incumbent.

 3. A right to hold office, on the other hand, is the just and legal claim to enjoy the powers
and responsibilities of the office.

 4. The office is an institutional unit of government, while term is a matter of time during
which a person may hold the office. (see. Art.XI, Sec.1.)

Reelection of president and vice president

 A person who has held the office of the President is absolutely disqualified for any
reelection. . In the case of the Vice President, he cannot serve for more than two (2)
successive terms (Sec.4, par.2), but he is still eligible for election as President. A vice
President who has succeeded and served as President for more than four(4) years is also
disqualified for election to the same ofq fice at any other time.

 The voluntary renunciation of the office of Vice President for any length of time does not
interrupt the continuity of the service for the full term of six (6) years. Thus, a Vice President
who voluntarily renounced or resigned from his office is deemed to have served for six (6)
years for purposes of the ban against reelection.( See Art.II, Sec.26,) But they may be elected
to a lower position.

Reasons for prohibition against re- election of president

 1. A President seeking a second term is vulnerable to constant political pressure from those
whose support he must preserve and has to devote his time and energy to consolidate this
political support.

 2. A President who seeks a second term is under a terrific handicap in the performance of his
functions. The result has been that political motivation is attributed to practically every act
he performs; moreover, the danger of alienating much needed vetoes may be an obstacle to
the proper and impartial performance of his duties.

 3. A President seeking reelection will even use public funds for the purpose even to the
extent of making the government bankrupt because no incumbent President would like to
go down from power as a leader repudiated by his people;

 4. The prohibition also widens the base of leadership. In theory, no man is indispensable in a
democracy, and any person, no matter how good he is, may be replaced by others equally
good;

 5. The ban will also put an end or at least hamper the establishment of political dynasties;

 6. The six year term will give the President a reasonable time within which to implement his
plans an programs of government. He can concentrate on being President free from the
demands of partisan politics; and

 7. The criticism against a six- year term without reelection that six (6) years are too long for a
bad President but too short for a good one, and that the people will suffer most from a
lameduck presidency may be remedied by the provisions on impeachment (see Art.XI, Sec.2)
A term, no matter how long, is short for a good President.

 The main argument against the absolute prohibition on reelection is that it forecloses the
possibility of a good President being recalled to the office at some future time should his
services be required. Imposing a complete ban on reelection will, in effect, penalize the
people from calling back to the Presidency a person who has rendered signal service to the
nation, should that need for such man arise.

Canvassing of returns and proclamation

 1. Returns transmitted to Congress- The returns of every election for President and Vice
President are canvassed (examined for authenticity) by the board of canvassers of each
province or city, adding all the returns in every town in the province or every district in the
city.

 2. Plurality rule sanctioned- The Constitution does not prescribe any minimum number of
votes to be cast in a presidential election nor any majority vote needed for the proclamation
of the winner for it merely provides that “ the candidate having the highest number of votes
shall be proclaimed elected”.

 It sanctions the plurality rule. Thus a minority President may be elected if there is a low
turnout of voters or there are more than two (2) candidates.

 3.Candidate to be proclaimed- The person having the highest number of votes shall be
proclaimed elected. In case of tie between two or among mote than two candidates, that is,
more than one candidate shall have an equal and highest number of votes, one of them shall
be chosen President by a vote of the majority membership of Congress in session
assembled.

 Oath- is an outward pledge may under an immediate sense of responsibility to God.

 The oath- taking marks the formal induction of the President, Vice President or acting
President in office. It is mandatory. He cannot enter on the execution of his office without
taking the prescribed oath or affirmation.

Official residence and compensation of the president and vice president

 1. The official residence of the President shall be determined by law.

 2. The annual compensation of the President and Vice President shall be provided by law.

 a.) During their tenure of office, the President and Vice President shall not receive any other
emolument (e.g. per diems, allowances, and other remunerations) from the government or
any other source. Without the prohibition, they may be able to make use of their positions
for pecuniary gain.

 b. The compensation of the President an Vice President, as fixed by law, cannot be increased
or decreased by Congress during their continuance in office.

 c. The Constitution, in the Transitory Provisions, fixes the initial annual salary of the
President at P300,000.00 and the Vice President at P240,000.00 . Congress may provide
otherwise subject to Sec.6. (Art.XVIII, Sec.17)

Classes of presidential succession

 1. Before assumption of office by the President- elect at the time fixed for the beginning of
his term (Sec.7.) at noon on June 30 following the day of the election (Sec.4, par.1)

 2. After assumption of office by the President-elect at (or subsequent to) the time fixed for
the beginning of his term. (Sec.8)
When vice-president shall act as president

 1. If the President-elect fails to qualify; or

 2. If a President shall not have been chosen; or

 3. In case of temporary inability or incapacity of the President to discharge his powers and
duties.

 The Vice- President-elect shall act as President until the President-elect shall have qualified,
or a President shall have been chosen and qualified (Sec.7), or the disability shall have
terminated.(see. Sec.11)

When the vice president shall become president

 . If at the beginning of the term of the President, the President- elect shall have died or shall
have become permanently disabled (Sec.7, par 4); or

 2. After assumption of office, in case of death, permanent disability, removal from office, or
resignation of the President, in which case the Vice- President shall serve the unexpired
term. (Sec.8 par 1)

Where there are no president and vice president

 1. Before assumption- The Senate President or, in case of his inability, the Speaker of the
House of Representatives, shall act as President until a President or Vice President shall have
been chosen or shall have qualified, or where both shall have died or become permanently
disabled at the beginning of the term of the President. (Sec.7 par 4).

 After assumption- The Senate President, or in case of his inability, the Speaker of the House
of Representatives, shall act as President in case of death, permanent disability, removal
from office, or resignation of both the President and Vice President until the President or
Vice President shall have been elected and qualified. (Sec.8, par. 1)

 3. Where Senate President and Speaker also unable to act as President –Congress is
mandated to provide by law for the case when both the Senate President and the Speaker
are also unable to act as President, or for the case of death, permanent disability or
resignation of the acting President, as to who shall act as President, including the manner of
his selection, until the President or Vice President shall have been elected and/ or qualified.
(Secs.7,8 last pars)

Vacancy in the office of the vice president

 In case a permanent vacancy occurs 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.
 The nomination is subject to confirmation by a majority vote of all members of both Houses
of Congress, voting separately. The nominee shall assume office upon such confirmation.

Vacancy in the offices of both the president and vice president

 1. Special election- In case of a permanent vacancy in the Offices of both the President and
Vice President, the Congress shall convene and enact a law calling for a special election to
elect a President and Vice President. The convening of Congress cannot be suspended nor
the holding of the special election postponed as required by Section 10. The bill calling for
the special election is not subject to the requirements prescribed in Sections 25 (4) and 26(2)
of Article VI.

 2. Next Presidential election- No special election shall be called if the vacancy occurs within
18 months before the date of the next Presidential election. The reason is obvious. Such
special election becomes unnecessary and costly since the elected President and Vice
President will serve only for a short period to en when the term of their successors begin.

Disabilities of president, vice president, members of cabinet, and their deputies and
assistants

 1. Prohibition during their tenure- During their, the President and Vice President, as well as
the Members of the Cabinet and their deputies and assistants are subject to prohibitions,
namely:

 a.) They shall not hold, unless otherwise provided in the Constitution (see Sec.3; Art.VIII,
Sec.8[1]; Art IX,B-Sec.7, par 2: Art XII, Sec.9 par.1.) any other office or employment;

 b.) they shall not practice any other profession;

 c.) They shall not participate, directly or indirectly, in any business;

 d.) They shall not be financially interested, directly or indirectly, in any contract with, or in
any franchise (see Art.XII, Sec.11) or special privilege granted by the government or any
subdivision, agency or instrumentality thereof including any government-owned or
controlled corporation or their subsidiaries; and

 e.) They shall strictly avoid conflict of interest ( between personal or family interest and
public interest) in the conduct of their office.

 2.) Purpose of prohibitions- The purpose of the prohibitions is to insure that the officials
mentioned (the President particularly) will devote their full time and attention to their
officials duties, prevent them from extending special favors to their own private business
which comes under their official jurisdiction, and assure the public that they will be faithful
and dedicated in the performance of their functions.

 3. Other officials subject to similar prohibition- Similar restrictions apply to the Members of
Congress (Art.VI, Sec.13,14) and of the Constitutional Commissions (Ar. XI, Sec.8) They seek
to stress the principle that public office is a public trust.
Rule on nepotism

 In addition to the above disabilities, the President appointing his spouse and relatives by
consanguinity or affinity within the fourth civil degree to any of the positions mentioned.

 The Constitution seeks to stop the practice in the past when the President appointed his
wife, children and many of their close relatives to high positions in the government.

Appointments extended by an acting president

 1. Powers and functions f acting President- An acting President exercises the powers and
functions of the Office of the President until a President shall have qualified or shall have
been elected and qualified (Sec.7 and 8.)., or his temporary incapacity shall have terminated.
(Sec.11.) He is not the incumbent President. He has not become President to serve the
unexpired portion of the term. There is only a temporary vacancy.

 2. Revocation by elected President of the appointments- The appointments extended by an

acting President are naturally valid and effective. However, the elected President is given
the power to revoke them. He should not be forced to endure important appointments he
cannot accept. But he must make the revocation within 90 days from his assumption or
reassumption of office. At the same time, it protects the government officials concerned
from having the sword of Damocles of possible removal or replacement hanging over their
heads indefinitely.

Appointments preceding a presidential election

 1. Prohibited if made within two (2) moths before- Section 15 prohibits an incumbent or
Acting President to make appointments within two(2) months preceding the date of the
next Presidential election and thereafter until the expiration of the term of the incumbent
President or the tenure of the Acting President. The purpose is to stop or curb the possible
misuse by the outgoing President of the power of appointment for the purpose of enlisting
political support during the Presidential election and for partisan considerations after his
defeat.

 2. Exceptions- Temporary appointments to executive positions when continued vacancies

would prejudice public service or endanger public safety are not covered by the prohibition.
The reason is very obvious. Note the requisites, the appointments must be: a.) temporary in
nature; b.) to executive positions; and c.) urgent in the interest of public service or public
safety. Permanent appointments to judicial positions are, therefore , also covered by the
prohibition (see Art.VIII, Sec.9, par.2)

 3. Allowed if made more than two (2) moths before- Appointments, whether permanent or
temporary, to executive or judicial position, extended by the incumbent or Acting President
more than two(2) months preceding the date of the next Presidential election, are valid.

 Appointment- is the act of designation by the executive officer, board, or body to whom the
power has been delegated, of the individual who is to exercise the functions of a given
office.
 Nature of power to appoint

- The power of appointment is intrinsically an executive prerogative. The legislative body

creates the office, defines its powers, limits its duration, and provides the compensation.
This done, its legislative power ceases. It has nothing to do with designating the man to fill
the office.

- The executive nature of appointing power does not imply that no appoint by Congress and
the courts can be made. They may also appoint those officers who are necessary to the
exercise of their own functions.(see Art VI, Sec.16[1]); Art.VIII, Sec.5[6].

Officials whose appointments are vested in the president

 1. Under Sec.16- The power of the President to appoint high officers in the government is
shared by the Commission on Appointments power to ratify or reject. The officials whom
the President is authorized to appoint under Sec.16 are:

 a.) The heads of executive departments, ambassadors, and other public ministers and
consuls;

 b.) The officers of the Armed Forces of the Philippines from the rank of colonel or naval
captain;

 c.)Other officers whose appointments are vested in the President by the Constitution;

 d.) All other officers of the Government whose appointments are not otherwise provided by
law, and they refer to officers to be appointed to lower officers created by Congress where
the latter omits to provide for appointments to said offices, or provides in an
unconstitutional way for such appointments; and

 e.) Those whom he may be authorized by law to appoint such as the heads of government-
owned or –controlled corporations, department undersecretaries, heads of bureaus and
offices, and other officials.

 The Congress may impose qualifications for appointment to public offices of relevance to the
duties to be performed.

 2) Under other provisions- The President, likewise, under other provisions of the
Constitution, appoints the members of the Supreme Court and judges of lower courts
including the Sandiganbayan (Art.VIII, Sec.9; see Art.XI, Sec.4.), the regular members of the
Judicial and Bar Council (Art.VIII, Sec.8[2].), the Chairman and the Commissioners of the Civil
Service Commission (Art.IX,B-Sec.1[2].), the Chairman and the Commissioners of the
Commission on Elections (C-Sec.1[2]), the Chairman and the Commission on Audit (D-
Sec.1[2]) and the Ombudsman and his Deputies (Art.XI Sec.9) The Constitution does not
state the appointing authority with respect to the Chairman and Members of the
Commission on Human Rights. (Art.XIII, Sec.17). There is no doubt, however, that the power
of appoint them its lodged in the President. (see.Sec.16)

Confirmation of appointments by commission on appointments

 Only the officers in the first three(3) groups enumerated in Sec.16 are appointed by the
President with the consent (confirmation) of the Commission on Appointments.

 Department undersecretaries and heads of bureaus and certain offices under the different
departments which are not called bureaus like the Securities and exchange Commission,
Insurance Commission, National Irrigation Administration. Etc., are no longer included
among those whose appointments are to be confirmed by the Commission on
Appointments. (see Art.VI, Sec.18)

 The purpose is to insulate them from the baneful influence of partisan politics. They are civil
service officers whose appointments are supposed to be made only according to merit and
fitness. (Art.XII, B-Sec.2[2]).)

 The members of the judiciary and the Ombudsman and His Deputes are appointed by the
President upon recommendation of the Judicial and Bar Council without need of
confirmation by the Commission on Appointments.

 The appointment of the Chairman and Members of the Commission on Human Rights does
not also require confirmation by the Commission on Appointments. Also, not subject to
confirmation are the ranking officers of the Philippine National Police (PNP) which is a
civilian organization distinct from the Armed Forces of the Philippines (AFP), (see Art.XVI,
Sec.6.)

Appointment by other officials

 Congress may, by law, vest in the courts, heads of departments, agencies, commissions, or
boards, the power to appoint other officers lower in rank (e.g., Chiefs of divisions or
sections) in their respective offices. (Sec.16, par.1). The phrase “lower in rank” refers to
officers subordinate to those enumerated officers in whom respectively the power of
appointment may be vested- the heads of executive departments, agencies, commissions,
and boards.

 Appointments of minor employees may also be vested in them. The Supreme Court appoints
all officials and employees of the judiciary. (Art.VIII, Sec.5[6].)

 The phrase does not include heads of bureaus and offices not specifically mentioned in the
Constitution as among those to be appointed by the President who are subordinates of
Cabinet members. By law, their appointments are vested in the President.

Kinds of presidential appointments

 So, there is no appointment yet in the strict sense until it is confirmed. It is clear that there
are three(3) stages in regular appointments, to wit: nomination by the President, consent by
the Commission on Appointments, and appointment by the President

Kinds of appointment in the career services

 1. Permanent- one which is issued to a person who meets all the requirements for the
position to which he is appointed; it lasts until it is lawfully terminated. The holder of such
appointment cannot be removed except only for cause; and

 2. Temporary or acting- one which is issued to a person who meets all the requirements for
the position to which he is being appointed except the appropriate civil service eligibility; it
shall not exceed 12 months, but the appointee may be replaced sooner if a qualified civil
service eligible becomes available. The holder of such appointment may be removed any
time even without a hearing or cause.

Steps in the appointing process

 1. Appointment- It is the act of the appointing power. It may include the issuance by the
President of the commission, which is the written evidence of the appointment; and

 2.Acceptance- It is the act of appointee. He may or may not accept the appointment. But
acceptance thereof is necessary to enable him to have full possession, enjoyment, and
responsibility of an office. It is not, however, necessary to the legality of the appointment.

Kinds of acceptance

 1. Express- when done verbally or in writing; and

 2. Implied- when, without formal acceptance, the appointee enters upon the exercise of the
duties and functions of an office.

The best formal evidence of the acceptance is undoubtedly the qualification of the officer
appointed by taking the oath of office. In some instances, the law requires that a bond be
posted.

Designation

 Designation is simply the mere imposition of a new or additional duties upon an officer
already in the government service to temporarily perform the functions of an office in the
executive branch when the officer regularly appointed to the office is unable to perform his
duties or there exists a vacancy.

 It is, therefore, different from appointment.

Removal power of the president

 Removal is the ouster of an incumbent before the expiration of his term of office.

 The constitution contains no provision expressly vesting in the President the power to
remove executive officials from their posts. Nevertheless, the power is possessed by him, as
it is implied from any of the following, to wit:

 1. from his power to appoint which carries with it the power to remove;
 2. from the nature of the “executive power” exercised by the President, the power to
remove being executive in nature (Sec.1);

 3. from the President’s duty to execute the laws (see.Sec.5,17);

 4. from the President’s control of all departments, bureaus offices (Sec.17); and

 5. from the provision that “ no officer or employee in the Civil Service shall be removed or
suspended except for cause provided by law.” (Art.IX, B-Sec.2[3])

 Where the power to appoint is vested by law in the courts , the heads of departments, etc.,
Congress may also provide that those appointed may be removed by them, subject to such
restrictions as t deems best to impose for the public interest.

Extent of the president’s power to remove

 1. With respect to officers exercising purely executive functions whose tenure is not fixed by
law (i.e., members of the Cabinet), the President may remove them with or without cause
and Congress may not restrict such power.

 2. With respect to officers exercising quasi- legislative or quasi- judicial functions (e.g.,
members of the Securities and Exchange Commission), they may removed only on grounds
provided by law to protect their independence in the discharge of their duties;

 3. With respect to constitutional officers removable only by means of impeachment (see.

Art.XI, Sec.11.), they are not subject to the removal power of the President; and

 4. With respect to civil service officers, the President may remove them only for cause as
provided b law. (Art.IX, B-Sec.2[3].)

Power of control over all executive departments, bureaus and offices

 1. The power of appointment-, (Sec.16), with which he may choose men of competence and
confidence; and

 2. The power of removal-(which is implied in the power to appoint), with which he may weed
out incapable and dishonest officials.

Nature and extent of the power of control

 1. Over cabinet members- The power of control of the President is in line with the concept
of Cabinet members serving as alter egos (Lat.,another I) of the President. It implies that he
may alter or modify or set aside what a subordinate officer had done in the performance of
his duties and to substitute his judgment for that of the latter, act directly on any specific
function entrusted to the offices concerned, direct the performance of a duty,

 restrain the commission of acts, determine priorities in the execution of plans and programs,
and prescribe standards, guidelines, plans and programs.
 2. Over other subordinate officers- The power of control of the President over all executive
departments, bureaus and offices is not just over the heads thereof but extends to all other
subordinate officers.

 3. Over officers and employees in the career service- The President, however, has no
authority to directly investigate and thereafter remove even for cause, an officer or
employee who belongs to the career service. (see Art.IX, B-Sec.2[3]) Such officer or
employee falls under the original and exclusive jurisdiction of the Civil Service Commission
insofar as investigation is concerned.

Power to insure that the laws be faithfully executed

 1. Primary function of President- As the Executive in whom the executive power is vested
(Sec.1.), the primary function of the President is to enforce the laws.

 2. More of a mandatory duty than a power- The function of the President to see that laws
are faithfully executive is more of a duty than a power, to be discharged by him personally
and through subordinates under his control or supervision. (see Art.X,Secs.4,16.)

MILITARY POWER OF THE PRESIDENT

 1. Powers to meet emergency situations – It mentions three extraordinary remedies or

measures which the President is empowered to utilize in meeting emergency situations: to
call out the armed forces; to suspend the privilege of the writ of habeas corpus; and to
declare martial law. The Constitution has provided another built in measure to cope with any
crisis or emergency: emergency powers expressly delegated to the President by Congress
(Art.VI, Sec.23[2])

 2. Commander-in-Chief of the Armed Forces- The Constitution makes the President, civilian,
the Commander in Chief of all armed forces of the Philippines. He is authorized, whenever it
becomes necessary, to call out such armed forces to prevent or suppress lawless violence,
invasion, or rebellion. This provision ensures the supremacy of the civil authorities over the
military forces of the government. (see Art. II, Sec.3.)

Powers of president as commander- in- chief of the armed forces

As Commander- in-Chief, the President has control of the military organization and
personnel whether in peace time or in war time. He is given the broad powers to call out the
armed forces to prevent or suppress lawless violence, invasion or rebellion. He is also
empowered to create military tribunals to try persons who military laws or commit crimes
against national security.

Authority of congress over the armed forces

 Congress shares with the President his authority over the armed forces. It supplies the
money and makes the laws for their governance. To it belongs the sole power to declare the
existence of the state of a war. (Art.VI, Sec.23[1]).
 Power to suspend privilege of writ of habeas corpus

 1. There must be invasion or rebellion; and

 2. The public safety must require the suspension.

 This particular topic has previously been discussed under the Bill of Rights. (see Art.III,
Sec.15, par.1)

Meaning of Martial Law

 1. In its comprehensive sense, it includes all laws that have reference to and are
administered by the military forces of the State. They include:

 a.) The military law proper, that is, the laws enacted by the law-making body for the
government of the armed forces; and

 b.) The rules governing the conduct of military forces in times of war and in places under
military occupation.

 2. In its strict sense- It is that law which has application when the military arm does not
supersede civil authority but is called upon to aid it in the execution of its vital functions. The
Constitution refers to this meaning of martial law.

Basis, object, and duration of Martial Law

 1. Basis- The right to declare, apply and exercise martial law is one of the rights f
sovereignty. It is as essential to the existence of a nation as the right to declare and carry on
war. The power is founded on necessity and is inherent in every government.

 2. Object- The object of martial law is the preservation of the public safety and good order.
Unless the right and power exist, peace, good order, security- government itself-

 -may be destroyed and obliterated . . . when the domination of the lawless elements
becomes so powerful that it cannot be stopped by the civil authorities.

 3. Duration- Being founded on necessity, the exercise of the power may not extend beyond
what is required by the exigency which it call forth. Sec.18 (par.1) sets a time limit for the
duration of the state of martial law and the suspension of the privilege of the writ of habeas
corpus.

Restrictions on the exercise of the two powers

 1. There must be (actual) invasion or rebellion and public safety requires the proclamation or
suspension;

 2. The duration shall not exceed 60 days unless extended by Congress (which must convene
within 24 hours following the proclamation or suspension without need of a call) upon the
initiative of the President, i.e, he must ask for extension of the proclamation or suspension
for a period to be determined by Congress itself (Sec.18, par.1 & 2)
  3. The President must submit a report in person or in writing to Congress within 48 hours
from the proclamation o suspension to guide Congress in deciding the action it should take,
i.e., revocation or extension;

 4. The proclamation or suspension may be revoked by majority vote of all the members of
Congress voting jointly which revocation shall not be set aide by the President.

 5. The Supreme Court may inquire into the sufficiency of the factual basis of the
proclamation or suspension,. So, the actions of both the President and Congress are made
subject to judicial review; and

 6. The effects of a state of martial law are clearly spelled out, to define the extent of the
martial law power. (par.4)

Effects of a state of martial law

 1. Operation of the Constitution- It does not suspend the operation of the Constitution. The
declaration does not mean that the military authorities will take the reign of the government

 2. Functions of civil court and legislative assemblies- It does not supplant the functioning of
the civil courts or legislative assemblies

 3. Jurisdiction of military courts and agencies- It does not authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function.

 4. Privilege of the writ of habeas corpus- It does not automatically suspend the privilege of
the writ of habeas corpus. The privilege continues to be available to persons under
detention until suspended by the President, subject to the restrictions imposed.

Pardoning power

 The power to grant pardon and other acts of clemency to violators of the law is traditionally
vested in the Chief Executive of the nation. The Constitution gives this power to the President in
the above provision. This power cannot be taken away from him nor can the exercise thereof be
subject to limitations of conditions beyond those provided by the Constitution.

 Neither may the courts inquire into the wisdom or reasonableness of any pardon granted by the
President. His discretion is absolute. (see, however, Art.VIII, Sec.1, pa.2.)

 The pardoning power extends to all offences, including criminal contempt (disrespect to or
disobedience to a court which amounts into a crime). It does not give the President the power to
exempt, except from punishment, anyone from the law.

Meaning of reprieve and suspension of sentence

 Reprieve is the postponement of a death sentence to a certain date. It is different from the
suspension of sentence which is the postponement of a sentence for an indefinite time.
 Commutation- is the reduction of the sentence impose to a lesser punishment, as from
death to life imprisonment. It may granted without the acceptance and even against the will
of the convict.

Meaning of pardon

 Pardon h been defined as an act of grace proceeding from the power entrusted with the
execution of the laws (President) which exempts the individual on whom it is bestowed,
from the punishment the law inflicts for a crime he has committed (as to meaning of parole,
see Art.IX, C-Sec.5.)

Kinds of pardon

 1. Absolute-when it is not subject to any condition whatsoever. It becomes effective when

made; and

 2.Conditional- when it is given subject to any condition or qualification the President may
see fit. It must be accepted by the offender to become effective.

Limitations upon the pardoning power

 1. It may not be exercised for offences in impeachment cases (Art.XI, Sec.20;

 2. It may be exercised only after conviction by final judgment (par.1);

 3. It may not exercised over civil contempt ( as for refusing to answer a proper question
when testifying as a witness in a case); and

 4. In case of violation of election of law or rules and regulations, no pardon, parole, or

suspension of sentence may be granted without the recommendations of the Commission
on Elections.

Effects of pardon

 1. It removes penalties and disabilities and restores him to his full civil and political rights;

 2. It does not discharge the civil liability of the convict to the individual he has wronged as
the President has no power to pardon a private wrong ; and

 3. It does not restore offices, property or r rights vested in others in consequence of the
conviction.

Remission

 Remission- prevents the collection of fines or the confiscation of forfeited property. The
power of the President is limited to fines or forfeitures as have not been vested in third
parties, or paid into the treasury of the government, a funds cannot be paid out of the
treasury without the authority of the Congress.

 (Art.VI, Sec.29[1])
 Meaning of amnesty

 Amnesty- is an act of the sovereign power granting oblivion or a general pardon for a pat
offense usually granted in favor of certain classes of persons who have committed crimes of
a political character, such as treason, sedition, or rebellion.

Effects of amnesty

 Amnesty abolishes and puts into oblivion of the offense of which one is charged, so that the
person released by amnesty stands before the law precisely as though he had committed no
offense. (see effects of the pardon.)

Pardon and Amnesty Distinguised

 1. Pardon is granted by the President alone after conviction, while amnesty, with the
concurrence of Congress (Sec.19)., before or after conviction;

 2. Pardon is an act of forgiveness, it relieves the offender from the consequences of the
offense, while amnesty is an act of forgetfulness, it puts into oblivion the offense of which
one is charged so that the person released by amnesty stands in the eyes of the law as if he
had never committee the offense;

 3. Pardon is granted for infractions of the peace of the State, while amnesty, for crimes
against the sovereignty of the State (political offenses); and

 4. Pardon is a private act of the President which must be pleaded and proved by the person
who claims to have been pardoned, because the courts take no judicial notice thereof, while
amnesty by proclamation of the President with concurrence of Congress is a public act of
which the courts will take judicial notice.

Authority to contract and guarantee foreign loans

 1. Exclusive executive function- The President may contract foreign loans on behalf on the
Republic of the Philippines without the need of prior congressional approval.

 2.Concurrence of Monetary Board Required- The authority of the President is not absolute.
The contract or guarantee must be with the prior concurrence of the Monetary Board of the
Central Bank now, Bangko Sentral ng Pilipinas (BSP), which is required to make a report to
Congress containing the matters mentioned.

 3. Checks by the Congress- The reasons for not requiring congressional approval for foreign
loans are: first, the loans urgently needed by the country may no longer be available when
concurrence which usually takes some time is finally obtained, the second, an obstructionist
Congress could withhold approval for political reasons.

Treaty

 A Treaty may be defined as a compact made between two or more states, including
international organizations of states, intended to create binding rights and obligations upon
 the parties thereto. Thus, a treaty may be bilateral or multilateral. It is also known as a pact,
convention, or charter.

Distinguished from international agreement and executive agreement

 The phrase “or international agreement” has been inserted in order to preclude any
ambiguity in view of the technical meaning that the word “treaty” has acquired in
contemporary international law “ as an international agreement between states.

 However, the phrase does not cover executive agreements which have been traditionally
recognized in the Philippines to be well within the prerogative of the President to make
without need for legislative concurrence.

Steps in treaty-making

 1. Negotiation- In the field of initiation and negotiation, the President alone has the sole
authority.

 2. Approval or Ratification- As a general rule, no treaty or international agreement shall be

valid and effective unless concurred in by at least 2/3 of all the members of the Senate.

Budgetary power of the president

 The President is entrusted by the Constitution with the task of preparing the budget of
receipts and expenditures based on existing and proposed revenue measures and other
sources of financing and of submitting it to Congress within thirty (30) days from the opening
of each regular session. (see Art. VI, Sec.15.) The budget thus submitted shall be the basis of
the general appropriations act to be enacted by the Congress for the following year. (Sec.24,
25)

Prerogative to address the appear before congress

 This provision furnishes an opportunity on the part of the President at the opening of the
regular session of Congress (see Art.VI, Sec.15) to give information on the “state of the
nation” and to recommend to the consideration of the legislative body such measures as he
may deem necessary and proper. Such measures are, of course, merely proposals. They have
no binding effect until enacted by the Congress. The address may also contain guidelines of
national policy.

Article VIII-Judicial Department

JUDICIAL POWER

Judicial Power- is the power to contests or disputes concerning legally recognized rights or
duties between the State and private persons, or between individual litigants in cases
properly brought before the judicial tribunals.
 Scope of judicial power

 1. Adjudicatory power- It includes the duty of courts of justice:

 a.) to settle actual controversies involving rights which are legally demandable and enforceable;
and

 b.) to determine whether 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. (Sec.1
par.2)

 Grave abuse of discretion, as used above, has been judicially defined to mean “such
capricious and arbitrary exercise of judgment as is equivalent, in the eyes of the law, to lack
of jurisdiction, that is, lack of authority to act on the matter in dispute.

 2. Power o judicial review- It also includes the power:

 a.) to pass upon the validity or constitutionality of the laws of the State and the acts of the other
departments of the government.

 b.) to interpret them; and

 c.) to render binding judgments.

 3. Incidental powers- It likewise includes the incidental powers necessary to the effective
discharge of the judicial functions such as the power to punish persons adjudged in contempt.
(see note1 under Art.VI, Sec.22)

Giving of advisory opinions not a judicial function

 1. A function of executive officials- The judiciary is entrusted by the Constitution with the
function of deciding actual cases and controversies.

 2. Doctrine of separation of powers- This doctrine calls for the other departments being left
alone to discharge their duties as they see fit.

 3. Pendency of many actual cases- Furthermore, with so many cases pending in courts
wherein there is an actual and antagonistic assertion between the parties, it would not serve
public interest at all if on hypothetical questions or matters their time and attention would
still have to be devoted.

Judicial power vested in one supreme court and in lower courts

 1. Classification of courts- Under the provision, only the Supreme Court is a constitutional
court in the sense of being a creation of the Constitution.
  2. Creation and abolition of courts by Congress- In the exercise of its legislative power,
Congress may abolish any or all lower courts an replace them with other courts subject to
the limitation that the reorganization shall not undermine security of tenure.

Organization of courts

 1. Regular courts- The Philippine judicial system consists of courts resembling a pyramid with
the Supreme Court at the ape. Under the Judiciary Reorganization Act of 1980 (as amended),
the other courts are:

 a.) A Court of Appeals with 69 Justices headed by a Presiding Justice which operates in 23
divisions each comprising three (3) members. The Court sits en banc only to exercise
administrative, ceremonial, or other non-adjudicatory functions;

 b.) A Regional Trial Court presided by720 Regional Trial Judges in each of the thirteen (13)
regions of the country; and

 c.) A Metropolitan Trial Court in each Metropolitan area established by law; a Municipal Trial
Court in every city not forming part of a metropolitan area and in each of the municipalities
not comprised within a metropolitan area and a municipal circuit; and a Municipal Circuit
Trial Court in each area defined as a municipal circuit comprising in one or more cities
and/or one or more municipalities grouped together according to law.

 A court may consist of several branches.

 2. Special courts- Aside from the regular courts, there are under present laws special courts:

a.) The Sandiganbayan ( with 14 justices and a Presiding Justice) which operates in five(5) divisions
each comprising three (3) members, was created by Presidential Decree No. 1606 pursuant to the
mandate of the 1973 Constitution.

b.) The Court of Tax Appeals ( with five justices an a Presiding justice) was created under Republic
Act NO.1125, as amended by R.A. No.9282, which has exclusive appellate jurisdiction to review on
appeal, among others, decisions of the Commissioner of Internal Revenue involving internal revenue
taxes and decisions of the Commissioner of Customs involving customs duties.

Quasi-judicial agencies

 Administrative bodies under the executive branch performing quasi-judicial functions, like
thee National Labor Relations Commission, the employees Compensation Commission, the
Securities and Exchange Commission, the Insurance Commission, etc., and the independent
Constitutional Commissions do not form part of the integrated judicial system.

 The same thing may be said of courts- martial. They are agencies of executive character. The
authority for the ordering of courts- martial pertains to the President as Commander-in-
Chief of the Armed Forces of the Philippines independently of legislation to aid him in
properly commanding the Armed Forces and enforcing discipline.

Importance of the judiciary

  1. Confidence in the certain and even administration of justice- In the language of Lord
Bryce”

 “ Nothing more clearly touches the welfare and security of the average citizen than his sense
that he can rely on the certain and prompt administration of justice. Law is respected and
supported when it is trusted as the shield of innocence and the impartial guardian of every
private civil right.

 2. Preservation of the Government- According to Chancellor James Kent:

 “ Where there is no judicial department to interpret and execute the law, to decide
controversies, and to enforce rights, the government must usurp powers for the purpose of
commanding obedience, to the destruction of liberty.

 3. Respect for law and order- In the words of Mr. Justice Arthur Vanderbilt:

 “ It is in the courts and not in the legislature that our citizens primarily feel the keen cutting
edge of law. If they have respect for the work of the courts, their respect for law and order
will banish with it to the great detriment of society.”

Independence of the judiciary

 1. Main constitutional provisions safeguarding judicial independence.

 - In a democracy, the courts enjoy independence, that is, they are free to perform their
functions without interference from the executive or legislative branch of the government.

The constitution secures, in a number of ways, the independence of the judiciary, to wit:

 a.) Congress may not deprive the Supreme Court of the Constitutional powers granted to it.

 b.) Congress cannot prescribe the manner in which the Supreme Court should sit, and
determine the number of Justices composing the Court.

 c.) the Supreme Court is given the authority to appoint all officials and employees of the
judiciary.

 d.) the Members of the Supreme Court and judges of lower courts enjoy security of tenure

 e.) their salaries cannot be decreased during their continuance in office.

 f.) the Members of the Supreme Court can only be removed through the difficult process of
impeachment. (Art.XI, Sec.2); and

 g.) the judiciary enjoys fiscal autonomy.

 2. Other Constitutional provisions- The Constitutional policy of an independent judiciary is

further strengthened by the provisions transferring (from the Department of Justice) to the
Supreme Court the administrative supervision over all courts and the personnel thereof
(Sec.6) and the authority to assign temporarily judges of lower courts to other stations as
the public interest may require (Sec.5[3]) and;
  the provision giving specific authorization to the Supreme Court to order a change of venue
or pace of trial to avoid a miscarriage of justice. (Sec.5[4])

 3.Criticism of courts- The courts are not beyond criticism because of the Constitutional
guarantee of freedom of expression (Art.III, Sec.4)

Power to apportion jurisdiction of various courts vested in congress

 There are three(3) imitations to the exercise of this power, namely:

 1. The Congress cannot diminish or otherwise impair the original and appellate jurisdiction
of the Supreme Court over cases enumerated in Section 5.

 2. No law shall be passed reorganizing the judiciary when it undermines security of tenure
guaranteed in Section 11; and

 3. No law shall be passed increasing the appellate jurisdiction of the Supreme Court without
its advice and concurrence. (Art.VI, Sec.30)

Jurisdiction of courts

 Jurisdiction is the power and authority o a court to hear, try and decide a case. It may be:

 1. General- when it is empowered to decide all disputes which may come before it except
those assigned to other courts (e.g. jurisdiction of the Regional Trial Courts);

 2. Limited- when it has authority to hear and determine only a few specified cases (e.g.
jurisdiction of special courts);

 3. Original- when it can try and decide a case presented for the first time;

 4. Appellate- when it can take a case already heard and decided by a lower court removed
from the latter by appeal;

 5.Exclusive- when it can try or decide a case which cannot be presented before any other
court;

 6. Concurrent- when any one of two or more courts may take cognizance of a case;

 7. Criminal- that which exists for the punishment of crime; and

 8. Civil- that which exists when the subject matter is not of a criminal nature (e.g., collection
of debt)

Composition of the supreme court

 The new Constitution retained the membership of the Supreme Court of fifteen (15)
members including the Chief Justice under the 1973 Charter (Sec.4[1]) to cope with the
continuing increase in the number of cases brought about by a growing population.
  The Constitution requires any vacancy to be filled within ninety (90) days from the
occurrence thereof.

Sitting procedure

 The Supreme Court may sit and hear cases en banc o in divisions of three(3), five (5) or
seven(7) members. (Sec.4[1]) It is now the Supreme Court that decides whether or not it will
sit in divisions.

 On the basis of fifteen (15) members , the number of divisions will be five (5), composed of
three (3) members each; three (3), composed of five (5 there will be eight(8) of members
including the Chief Justice in one division , and seven (7) in the other.

Executive agreement

 Executive Agreement is an agreement entered into by the President on behalf of the

Philippines with the government of another country and is effective and binding upon the
Philippines even without the concurrence of Congress. The line between such agreement
and a treaty (sec. Art. VII, Sec.21) is not easily defined although it may be generally said that
the former deals usually with routine matters not thought to require the formality of a
treaty.

Classes of executive agreements

 1. Those made purely as executive acts affecting external relations and independent of
legislative authorization.

 2. Those entered into in pursuance of acts of Congress. They affect internal affairs and
domestic rights. They include tariff and postal arrangements, visa fees, commercial relations,
and matters affecting trademarks and copyrights, and the like.

Meaning of power of judicial review

 The power of judicial review is the power of the courts, ultimately of the Supreme Court, to
interpret the Constitution and to declare any legislative or executive act invalid because it is
in conflict with the fundamental law.

 The power of judicial review now includes “ the duty to determine whether or not there has
been a grave abuse of discretion amounting to lack o excess of jurisdiction on the part of any
branch or instrumentality of the Government.”

Limitations on exercise of power of judicial review

 In cases involving the constitutionality of a treaty, law, presidential decree. Etc., the
limitations are:

 1. There must be a concurrence of at least a majority of the members who actually took part
in the deliberations on the issues in the case and voted thereon (Sec.4[2,3,])
  2. A law, etc., must be sustained unless clearly repugnant to the Constitution in view of the
presumption of validity.

 3. The question of wisdom, propriety, or necessity of a law, etc., is not open to

determination by the court; and

 4 Political questions are generally addressed to the political (i.e., elective) branches (namely,
the President and Congress) of the government and are, therefore, not justicible.

Justiciable question

 A justiciable question is one which affects personal or property rights accorded to every
member of the community in cases properly brought before the judicial tribunals. It is one
which is proper to be examined or decided in your justice because tits determination would
not involve an encroachment upon the legislative or executive power.

 A political question, on the other hand, is one which, under the Constitution, “is to be
decided by the people in their sovereign capacity, or in regard to which full discretionary
authority as been delegated to the legislative or executive branch of the government.” The
term connotes a question of policy in matters concerning the government of the State as a
body politic.

Original jurisdiction of supreme court over petitions for certiorari, etc.

 The Supreme Court exercises original jurisdiction over petitions for the issuance of writ of
certiorari, mandamus, quo warranto, and habeas corpus.

 It has original and exclusive, jurisdiction over petitions for the issuance of writ of certiorari,
prohibition, and mandamus against the Court of Appeals.

 1. Certiorari- It is a writ issued from a superior court requiring a lower court or a board, or
officer exercising judicial functions to transmit the records f a case to the superior court for
purposes of review.

 2. Prohibition- It is a writ by which a superior court commands a lower court or a

corporation, board or person acting without or in excess of its or his jurisdiction, or with
grave abuse of discretion , to desist from further proceedings in an action or matter.

 3. Mandamus- It is an order issued by a superior court commanding a lower court or a

corporation, board, or person to perform a certain act which it is its or his duty to do.

 4. Quo warranto- It is an action by the government to recover an office or franchise from an

individual or corporation usurping or unlawfully holding it.

Exclusive appellate jurisdiction of the supreme court

 1. By appeal-, the appellate court reviews all the findings of law and of fact of a lower court
as in special proceedings (e.g. adoption and custody of minors)
 2. By certiorari (as means of elevating an appeal), the appellate or superior court can review
only questions or errors of law decided or committed by a lower court (e.g., appeal from an
order or decision of the Court of Appeals)

Question of law

 A question of law is that which involves no examination of the probative value of the
evidence presented by the parties or any of them in the lower court (e.g. constitutionality of
a law).

 A question of fact cannot be reviewed by the Supreme Court on certiorari on the theory that
the lower court which “heard the case, observed the demeanor of the witnesses or
otherwise acquired acquaintance with the issues and incidents thereof,” is in a better
position to pass upon a question.

Assignment of judges of lower courts to other stations

 1. The requirement that the temporary assignment of a judge to another station for a period
longer than six (6) months must be with his consent accommodates the demand for such
detail when required by the exigencies of the service (e.g. to relieve the clogged dockets of a
Court which is vacant) while at the same time protecting the right of a judge to permanency
at a station.

 2. If the transfer is a permanent one, it can only be effected with the consent of the judge
concerned and by the extension of a new appointment by the President. (Sec.5[3]). The
reason is that a judge enjoys security of tenure (Sec.11) and such transfer is tantamount to
removal from one office(former station) and an appointment to new office.

 The station of a judge is the place where he is assigned by law to hold regular sessions. A
regional trial court judge is appointed by region. He may be assigned to any regional branch
of the court in the city or municipality within the same region without the need of his
consent because the whole region is his station.

Rule making power of the supreme court

 1. Protection and enforcement of constitutional rights- The Constitution accords great

importance to the full enjoyment by the people of their constitutional rights that even the
Supreme Court is enjoined to promulgate rules of procedure concerning their protection
and enforcement in cases pending before the courts.

 2. Pleading- It is the act of presenting one’s claim, answer, or arguments in defense or

prosecution of an action.

 3. Practice of law- As generally understood, it is the doing or performing of services in a

court of justice, in any matter pending therein.

 4.Procedure- It refers to the method by which substantive rights may be enforced in courts
of justice.
 5.Admission to the practice of law or to the bar- A person is said to be admitted to the Bar or
is a member of the Bar when he is authorized by the Supreme Court to practice law in the
Philippines.

 6.Integrated bar- It means the official national unification of the entire lawyer population in
the Philippines in a single organization.

 The term “Bar” refers to the collectivity of all persons whose names appear in the Roll of
Attorneys of the Supreme Court. An integrated bar are:

 a.) To elevate the standards of the legal profession;

 b.) To improve the administration of justice; and

 c.) To enable the bar to discharge its public responsibility more effectively.

 7.) Legal assistance to the underprivileged- Poor and uninformed litigants are entitled to
legal assistance from the government in defending or enforcing their rights to redress.

 The rules concerning legal assistance to the underprivileged must assure that free access to
the courts and quasi- judicial bodies is not denied to any person by reason of poverty.

Limitations on the rule- making power of the supreme court

 They are the following:

 1. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases;

 2. They shall be uniform for all courts of the same grade; and

 3. They shall not diminish, increase, or modify substantive rights. (Sec.5[5])

Substantive and procedural law/ rights distinguished

 1. Substantive law is that part of the law which creates, defines and regulates rights
concerning life, liberty or property, o the powers of agencies or instrumentalities for the
administration of public affairs,, whereas adjective or remedial law is that part of law which
prescribes the method of enforcing rights or obtaining redress for their violation.

 1. Substantive law is that part of the law which creates, defines and regulates rights
concerning life, liberty or property, o the powers of agencies or instrumentalities for the
administration of public affairs,, whereas adjective or remedial law is that part of law which
prescribes the method of enforcing rights or obtaining redress for their violation.

 2. Substantive rights- are rights which substantive law declares or rights concerning life,
liberty or property. Procedural rights, on the other and, refer to the remedies or means by
which an aggrieved party, whose rights have been violated, may bring his case to suit, trial,
and judgment. An example is the right of a party to appeal a decision of a lower to a higher
court.
 Qualifications for members of the supreme court and any lower collegiate court

 1. He must be a natural-born citizen of he Philippines.(see Art IV, Sec.2.) Therefore, a

naturalized citizen may not be appointed;

 2. He must be at least forty(40) years of age ;

 3. He must have, for fifteen (15) years or more, been a judge of a lower court or engaged in
the practice of law in the Philippines (Sec.71]); and

 4. He must be a person of proven competence, integrity, probity and independence.

Qualifications of judges of lower courts

 1. Constitutional:

 a.) He must be a citizen. He need not be a natural-born. This is to obviate the objection
against naturalized citizens being treated as second-class citizens.

 B.) He must be a member of the Philippines Bar (Sec.7[2]),i.e., a lawyer whose name is duly
inscribed in the Roll of Attorneys of the Supreme Court.(see.Sec.5[5])

 Membership in the Bar is a prerequisite to the practice of law in the Philippines. It is obvious
that judges should possess proficiency in law in order that they can competently construe
and apply the law to cases before them, so as to forestall any harm or prejudice to litigants.

 c.) He must be a person of proven competence, integrity, probity and independence.

(Sec.7[3])

 2. Statutory- Congress is given the authority to prescribed additional qualifications for judges
of lower courts. These statutory qualifications are now provided for under a law passed by
the defunct Batasang Pambansa.

The administration of justice

 1. Nature – “ Compared to other public functions and duties, the dispensing of justice, being
extremely important, is both delicate and singular.

 2.Character and fitness of judges- The possession of the legal qualifications prescribed for
appointment to the judiciary independence are no assurance that the appointee will
discharged the duties of his office impartially, free from all outside pressure and influence.

 3. Judicial standards more exacting- There is no place in the judiciary for those who cannot
meet the exacting standards of judicial competence and integrity. Although every office in
the government is a public trust, no position exacts a greater demand on moral
righteousness and uprightness of an individual than a seat in the judiciary.

Appointment of members of the Supreme court and judges of lower courts

 1.Non-political process of selection and appointment- The appointing power is vested alone
in the President.

 The members of the Supreme Court and judges of lower courts were appointed by the
President of the Philippines with the consent of the Commission on Appointments in
Congress.

 2. List of at least three (3) nominees- The President shall appoint from a list of at least (3)
nominees prepared by the judicial and Bar Council for every vacancy.

 The President shall issue the appointment of judges of lower courts within (90) days from
the members submission of the list. (Sec.9)

 3. Judicial and Bar Council- Instead of leaving its creation to legislation, the Constitution
itself creates the Council, providing at the same time its composition, appointment of the
members , their term of office , their emoluments, and their functions. (see. Sec.8)

 4. Exclusive authority to recommend appointees to judiciary- In the past, appointments to

the judiciary were claimed to have been influenced by political and other extraneous
reasons.

Compensation of members of the judiciary

1. Prohibition against reduction- The salary of the members of the Supreme Court and of judges
of lower courts shall be fixed by law.

2.Purpose of the prohibition- The purpose is not to benefit the judges but to attract good and
competent men to the bench and to promote their independence of action and judgement.

Tenure of office members of the judiciary

 1. Importance of security of tenure- Section 11 insures the security of tenure of the

members of the Supreme Court and the judges of lower courts.

 2. Retirement age- The retirement age in the 1973 Constitution was reduced from the
original seventy (70) to sixty- five (65) years which is the retirement age of other non-
elective government officials and employees, and restored again to (70).

 3. Termination of right to hold office- The Constitution provides for the impeachment of
the members of the Supreme Court. (Art.XI, Sec.2)

 4. Abolition of office – It is a well-known rule that valid abolition of offices is neither

removal nor separation of the incumbents

MEANING OF GOOD BEHAVIOR

 Good behavior- is conduct authorized by law. So, mere mistake or error of judgment is not
a breach of good behavior, within the meaning of the Constitution, to justify expulsion from
office.
 1. With reference to the members of the Supreme Court, it implies that they have not
committed any of the offenses which are grounds for impeachment. (see Art.XI, Sec.2)

 2. As regards judges t lower courts , the determination by the Supreme Court as to whether
there has been a deviation or not from the requirement of good behavior is conclusive since
it alone has the power to order their dismissal.

Disciplining or dismissal of judges of lower courts

 The present Constitution gives to the Supreme Court the power to discipline judges of
lower courts, including justices of the Court of Appeals and the Sandiganbayan. 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, it can order their dismissal. (sec.11)

Meaning f decision

 Decision is the judgment rendered by a court of justice or other competent tribunal after the
presentation of the respective positions of the parties in an ordinary or criminal case or upon
a stipulation of facts upon which the disposition of the case is based.

Maximum periods for rendition of decisions

 1. Supreme Court- within twenty- four(24) months;

 2. The Court of Appeals and other collegiate appellate courts- within twelve (12) months
unless reduced by the Supreme Court; and

 3. Lower courts- with three (3) months unless reduced by the Supreme Court. (Sec.15[3])

 A case or matter is deemed submitted for decision or resolution from the date the last
pleading (see Sec.5[5]), brief, or memorandum is filed. (Sec.15[2]). Upon the expiration of
the corresponding period, a certification to this effect signed by the Chief Justice or the
presiding judge must be issued a copy of which is required to be attached to the record of
the case or matter, and served upon the parties. (Sec.15[3])

Time limitations mandatory

 The time limitations established above are mandatory. They are intended to ease up the
clogging of court dockets and to implement the right of party litigants to speedy justice (see
Art.III, Sec.16) under the familiar aphorism that “justice delayed is justice denied.”

Submission of annual report

 The above provision requires the Supreme Court to submit to the President and Congress an
annual report on the operations and activities of the judiciary.
Article IX-constitutional commissions

Under the constitutions these are the agencies:

 1. Civil Service Commission

 2. Commission on Elections

 3. Commission on Audit

 4. Commission on Human Rights

 5. Office of the Ombudsman

 6. Electoral tribunals

 7. Commission on Appointments

Common features

 1. They are multi-headed bodies;

 2. They are categorized as “independent” by the Constitution;

 3. Their powers and functions are defined in the Constitution;

 4. The Commissioners are required to be natural- born citizens of the Philippines;

 5. Their terms of office are staggered with a two year interval;

 6. The Commissioners appointed are ineligible for reappointment for a period beyond the
maximum tenure of 7 years;

 7. Appointment to any vacancy is only for the unexpired portion of the term of the
predecessor;

 8. The Commissioners cannot be appointed or designated in a temporary or acting capacity;

and

 9. The Commissioners are removable only by impeachment. (Art.XI, Sec.2.)

Fiscal autonomy

 Like the Supreme Court, the Constitutional Commissions enjoy fiscal autonomy to
strengthen their independence in the performance of their constitutional functions. Note,
however, that unlike in the case of the judiciary (see Art.VIII, Sec.3), there is no prohibition
against the reduction of the appropriations for the Constitutional Commissions below the
amount appropriated for the previous year.

Rules of procedure
 Each Commission en banc is authorized to promulgate its own rules governing pleading and
practice before it or any of its offices. (see Art.VIII, Sec.5[5]) Such rules shall not diminish,
increase or modify substantive rights as distinguished from procedural rights.

Rendition of decision and judicial review

 1. Any case or matter brought before each Commission must be decided by a majority vote
of all its members within sixty(60) days from the date of its submission for decision or
resolution.

 2. Any aggrieved party may bring any decision, order or ruling of each Commission to the
Supreme Court on certiorari (see Art.VIII, Sec.5[2]) within thirty (30) days from receipt of a
copy thereof.

Additional functions under the law

 In addition to their constitutional functions, “each Commission shall perform such other
functions as may be provided by law.” Thus, by means of legislation, the Commissions can be
given the necessary measure of flexibility in the discharged of their constitutional tasks. Of
course, Congress cannot diminish the powers and functions granted by the Constitution to
the Commissions.

Composition of the civil service commission

 It is composed of a Chairman and two Commissioners. (Sec.1[1]). The former Civil Service
Commission before the 1973 Constitution was a statutory one-man Commission. Its
conversion into a collegiate body is envisioned to enhance its independence on the theory
that it will be more resistant to political pressure or influence than a body headed by a single
individual.

Qualifications of members

 They are:

1. They must be natural- born citizens of the Philippines;

2. They must be at least thirty-five (35) years of age at the time of their appointment (rather
than assumption of office)

3. They must be persons with proven capacity for public administration.

4. Knowledge of law or experience in the practice of law is not required by the Constitution
presumably because the position calls more for administrative ability rather than legal
competence.

5. 4. They must not have been candidates for any elective position in the elections immediately
preceding their appointment.

Appointment and terms of office

 They shall appointed by the President with the consent of the Commission on Appointments
for a term of seven(7) years without reappointment. Of the Commissioners first appointed,
one shall hold office for seven (7) years, another for five (5) years, and the third for three (3)
years without reappointment.

 Reappointment cannot be made in favor of a Commissioner who has been just appointed for
a term of less than (seven)7 years after the expiration of his term. Subsequent appointments
shall be for a term of 7 years. The appointment or designation of any Member in a
temporary or acting capacity is not allowed. (Sec.1[2])

The operation of the rotational plan requires two conditions, both indispensable to its
workability

 1. The terms of the first three(3) Commissioners should start on a common date; and

 2. The appointment to any vacancy due to death, resignation, or disability should be only for
the unexpired balance of the term of the predecessor.

Reasons for creation of the commission

 The creation of an independent centralized agency having direction and control over the civil
service system and empowered to enforce civil service legislations was believed essential to
the operation of the system, and its inclusion in the Constitution, an additional safeguard for
the successful implementation of the merit system.

 A Civil Service Commission created by statute is subject to reorganization or abolition at any

time. But even discounting this possibility, the power over appropriations is a mighty
weapon which Congress can readily wield over the Commission. On the other hand, under
his power of control, the President can reverse or revise decisions of the Commission.

Meaning of civil service

 The term Civil Service means that professionalized body of men and women who have made
of the government service a lifetime career. It has also been used to refer to that portion of
the public service that is “ governed by the merit principle in the selection of officers and
employees.”

Constitutional classifications of positions in the civil service

 1. Competitive- Those whose appointments are made according to merit and fitness to be
determined as far as practicable by competitive examinations; and

 2. Non-competitive- Those whose appointments do not have to take into account merit and
fitness as determined by competitive examinations.

The merit system

 1. Merit determined through competitive examination- As a general rule, the selection of any
appointee to any government position “shall be made only according to merit and fitness to
be determined as far practicable x x x by competitive examination.”

 2.Other methods of determining merit- Where competitive examinations are not practicable,
other methods of determining merit and fitness may be resorted to, such as by an
investigation of school records, experience in actual work, achievements of a character
relevant to the position to be filled, and such other tests modern educational science has
produced. According to Presidential Decree No.907, “graduation with honors earned under
the competitive atmosphere of the academic community is as good as a qualifying mark in a
competitive examination to determine merit and excellence for public employment.”

 3. Benefits from system- The merit system, as shown by experience the world over, secures
efficiency in government service and promotes social justice. Efficiency results because
selection and promotion of employees is based not on political considerations but on merit
and fitness.

Non-competitive positions

 1. Policy determining, where its occupant is vested with the power of formulating policies for
the government or any of its agencies, subdivisions, or instrumentalities, like that of a
member of the Cabinet.

 2.Primarily confidential, where its occupant enjoys more than the ordinary confidence of the
appointing power but bears such close intimacy which relieves the latter from misgiving of
betrayal of personal trust on confidential matters of the State, like that of a private
secretary; and

 3. Highly technical, where its occupant is required to posses skill or training in the supreme
or superior degree, like that of a scientist. The position of legal counsel of a government-
owned or- controlled corporation is highly technical in nature, and at the same time
primarily confidential.

Guarantee of security of tenure

 The merit system established in Section 2(2) does not necessarily imply that the persons so
appointed have security of tenure. There is thus in Section 2(3) a guarantee of security of
tenure to officers and employees in the Civil Service.

 The Constitutional guarantee is of utmost value in maintaining morale and in promoting

efficiency.

 Any employee whose continuance in office is dependent upon the whim or pleasure of his
superior, is likely to be the victim of fear and insecurity. His inefficiency can be expected, as a
matter of course. Under the above provision, if faithfully enforced, civil servants can be
confident of staying in their respective positions as long as they do their work efficiently and
well.
Meaning of “for cause provided by law.”

 1. Substantive requirement- The phrase means for reasons which the law and sound public
policy recognize as sufficient ground for suspension or removal. It means legal cause or
cause provided by an existing law, and not merely causes which the appointing power in the
appointing power in the exercise of discretion may deem sufficient.

 2. Procedural requirement- Basically, the guarantee of procedural due process requires

notice and opportunity to be heard before one is suspended or dismissed. Under the law, no
complaint against a civil service official or employees shall be given due course unless the
same is in writing and subscribed and sworn to by the complaint.

Abolition of position

 Congress may abolish any civil service office unless it is a constitutional office. When the
office itself is legally abolished, there is no removal. Removal from office contemplates that
the incumbent is separated but the office or position itself subsist. The Constitution protects
an officer or right to an office which cannot be disturbed by legislation.

 Abolition, however, may not be used as a cover for circumventing the guarantee of security
of tenure. Thus, it ha been held that a civil service officer or employee may not be removed
by the abolition of the office in bad faith.

 The principle that valid abolition of an office is neither removal nor separation of the
incumbent, does not apply to the judiciary.

 A judge’s right to his full term is not subject to the contingency that Congress may, for the
public good, abolish his office. (see Art.VIII, Sec. 2, par. 2)

 In fine, abolition of an office is invalid if it involves an office provided in the Constitution or a

judicial position, or s done in bad faith.

Prohibition against electioneering and other partisan political campaign

 1. Safeguard against the spoils system- The principle of political neutrality for civil servants
finds its justification in the desire to secure discipline and efficiency in the public service by
doing away with the spoils system.

 2.Extent of participation in elections- Officers and employees in the Civil Service are
“servants of the State and not the agents of any political group.

 3. Officers and employees covered- The prohibition covers members of the armed forces
(Art.XVI, Sec.5[3]) but it refers only to those in the active service, excluding those in the
reserve force.

 Civil Service, as used in Section 2(4), refers only to career service. Elective officials and
members of the Cabinet who are holing political offices are not embraced in the prohibition.
Activities not covered

 1. Non- partisan activity- The prohibition in Section 2(4) is directed against “any
electioneering or partisan political campaign,” and not against every kind of political activity.

 2.Expression of views on political issues- Considering the freedom of expression which is

equally secured by the Constitution even to government employees, they may express their
views on current political problems or issues, or mention the names of candidates of public
office whom they support.

 3. Campaigning for or against a plebiscite, initiative, or referendum questions- Such

participation does not constitute partisan political activity. Plebiscite, initiative, or
referendum is not an election within the meaning of the above prohibition.

Right of government employees to self-organization

 The grant of the right to unionize was born out of the traditional neglect of government
workers in terms of salaries, fringe benefits, promotions and working conditions which are
taken for granted in the private sector. Through unions, government employees can
promote their interest and the interest of the public service.

Right of government employees to strike

 1. Grant of right not advisable- It is not clear whether or not the Constitutional grant of the
right to self- organizations carries with it the right to strike.

 2.Right not granted by Law- Even as the right to strike is constitutional granted, Congress
may, by law, deny the right to strike to sectors of labor like members of the armed forces an
police and fire- fighting units, and even to civilian employees operating communications,
financial institutions and other vital public services.

PROTECTION OF TEMPORARY EMPLOYEES

 Employees of the government given temporary appointment do not enjoy security of

tenure. They may be replaced anytime a qualified civil service eligible becomes available, or
at the discretion of the appointing authority with or without cause notwithstanding that
their performance meets the standards of public service demanded of them.

Power and functions of the commission

 In the performance of its powers and functions, the Commission as the central personnel
agency of the government, shall be guided by the objectives as laid down in the Constitution
to establish a career service and to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the Civil Service as well as the economic, social, and the
other policies of the other government.

Under presidential decree no.807 (october 6, 1975) otherwise known as civil service
decree of the Philippines, the civil service commission
 These are the following powers and functions:

 1. Administer and enforce the constitutional and statutory provisions on the merit system;

 2. Prescribe, amend, and enforce suitable rules and regulations for carrying into effect the
provisions of the Decree;

 3. Promulgate policies, standards, and guidelines for the Civil Service and adopt plans and
programs to promote economical, efficient, and effective personnel administration in the
government;

 4. Supervise and coordinate the conduct of civil service examinations;

 5. Approve appointments, whether or promotional, to positions in the civil service;

 6. Inspect and audit periodically the personnel work programs of the different departments,
bureaus, offices, agencies and other instrumentalities of the government;

 7. Hear and decide administrative disciplinary cases instituted directly with it or brought to it
on appeal; and

 8. Perform such other functions as properly belonging to a central personnel agency.

 The Decree declares that the Civil Service Commission shall be the central personnel agency
to set standards and to enforce the laws and rules governing the selection, utilization,
training and discipline of civil servants.

Importance of a permanent civil service

 1. The work of the government would never be done if there where only the legislators,
Cabinet members and other heads of offices to do it.

 2.It is this great body of men and women that translates law into action from one end of the
country to the other and brings the government into its daily contacts with the rank and file
of the citizenry.

Purpose of providing a civil service system

 The chief purpose is to form a professionalized body of public servants possessing a certain
degree of training and competence necessary to carry out the complex and diversified task
of administering the affairs of government.

 The executive business of running the country and of advising the rulers of the country is a
matter for specialists.

Basic requisites of a civil service system

 1. Merit system and security of tenure- It is essential that appointments must be made
strictly on the basis of merit and that the persons appointed enjoy security of tenure.

 2.Political neutrality- The other requisite is that the civil service must be politically neutral.
(see Sec.2[4]) If the civil servant is to discharge his duties faithfully, impartially and
efficiently, he should not beholden to whatever political party is in the saddle.

Oath to defend and support the constitution

 The requirement as to the taking of an oath to support and defend the Constitution is a
standard provision in constitutions.(see Art.VII, Sec.5) Section 4 includes employees among
those required to take an oath. Under the provision, the oath of office must be taken before
assuming the position or office or before beginning to discharge the duties thereof.

Standardization of compensation

 1. Salaries to be fixed by law- To solve the problem of salary disparities in the civil service
system which have been a source of dissatisfaction and dissension for many government
employees, the Constitution directs Congress to provide for the standardization of the
compensation of government officials and officials and employees, including those in
government-owned or controlled-corporations.

 2.Matters to be taken into consideration- Congress shall take into account the nature of the
responsibility pertaining to, and the qualifications required for, the positions concerned
(Sec.5) in fixing the rates of compensation allowable.

Ineligibility for appointment of defeated candidate in an election

 A candidate who has lost in an election is likewise disqualified for appointment or

reappointment to any office in the government, or in any government- owned or controlled
corporation, including any of its subsidiaries within one(1) year following such election

 The purpose is to stop the practice whereby one with political connection aspires for an
elective position with the hope that even if he should lose he could still be appointed to an
office or reinstated to his former position in the government.

Ineligibility for appointment of elective officials

 Sec.7 seeks to minimize the so-called “spoils system,” the practice by which public offices are
distributed among the members of the victorious party, and their relatives and supporters.
Together with Section 6, it enhances the chance of others for holding public office. (see
Art.II, Sec.20.)

Prohibition against holding more than one position bu appointive officials.

 An appointive official may hold any other office or employment in the government, including
government- owned or controlled corporations or their subsidiaries only when allowed by
law or when required by the primary functions of his position.

 The prohibition is more strict in the case of the President, Vice- President, the members of
the Cabinet and their deputies and assistants.

Prohibition against additional, double, or indirect compensation

 1. Specifically, double compensation produces unemployment because it excludes other

persons fro the service, and results in the inequalities in compensation, in the case for
instance, when a subordinate because of his other salary, receives a higher salary than a
superior.

 2. It may likewise produce confusion and even irregularity, concealing from public notice the
real compensation of a government officer or employee. In order that the people may know
the real compensation of an officer or employee, it is necessary that the salary be from one
definite source.

Exceptions to the prohibition

 1. The payment of additional, double or indirect compensation to a particular officer or

employee is specifically authorized by law. (Sec.8) in individual instances where the payment
of such compensation appears not only just but necessary. The prohibition is aimed against
the giving of extra compensation by executive or administrative order;

 2. The additional compensation is received not from the government or its entities; and

 3. There are two distinct offices, each of which has its own duties and compensation, in
which case both may be held by one person at the same time.

 For purposes of the prohibition, pensions or gratuities are not considered additional, double
or indirect compensation.

Prohibition against acceptance of any present, etc. from any foreign state

 The prohibition against the acceptance of any present, emolument or official title of any kind
from any foreign state or government is founded in a just jealously of alien influence in
domestic affairs. The purpose then is to discourage and prevent foreign influence in the
affairs of our government.

 The prohibition is directed only against public officers and employees. A private citizen
could, therefore, accept a gift or title from a foreign government without running afoul of
this prohibition.

Composition of the commission on elections

 It is composed of a Chairman and six(6) Commissioners. The 1973 Constitution increased the
membership from three(3) in the 1935 Charter to nine(9) on the theory that it would make it
more difficult for the Commission to become the “captive” of any political party or group or
any person who might be interested in the Commission deciding or taking action one way or
the other. It was held by many that the bigger membership of the Commission, the less likely
it was to be “bought” or influenced.

Qualifications of members

 1. They must be natural- born citizens of the Philippines;

 2. They must be t least thirty-five(35) years of age at the time of their appointment;

 3. They must at least holders of a college degree; and

 4. They must not have been candidates for any elective position in the immediately
preceding elections.

Appointment and terms of office

 The Chairman and the Commissioners are appointed by the President with the consent of
the Commission on Appointments for a term of seven(7) years without reappointment. Of
the Commissioners first appointed, three(3) shall hold office for seven(7) years, two(2) for
five(5) years, and the last members for three(3) years, without reaappointment.

Purpose of the commission

 As previously stated, in democracies, the people represent the sovereign power of the State.
(see Art V, Sec.1.) This sovereign authority is given expression through the exercise of the
right of suffrage by the qualified voters

 The purity of elections is one of the fundamental requisites of popular government.

 It is obvious that the sanctity of the ballot and the free and honest expression of the
popular will can best be protected by an independent office whose sole work is to enforce
laws and elections. It is an independent administrative tribunal, co-equal with the other
departments in respect to the powers vested in it.

Powers and functions of the commission

 1.To enforce laws relative to the conduct of elections, etc. – The Commission on Elections has
the power to annul or cancel illegal registry lists of voters and to order the preparation of a
new one; to cancel the canvass of election return of a Board of Canvassers and order a new
one where certain returns were illegally excluded; and to suspend the proclamation of
winning candidates pending an inquiry into irregularities brought to its attention.

 2. To decide election contests- There is an election contest when a defeated candidate for
elective public office questions the right to said office of one who has been proclaimed
 elected thereto, the questions on being the elections, returns, or qualifications of the
protestee. (Sec.2[2])

 3. To decide all questions affecting elections- The Commission has no jurisdiction over
questions involving the right of a person to be registered as voter, the right to cast his vote,
the validity of his ballot and other allied questions.

 4. To deputize law enforcement agencies- Note, however, that the deputizing should be with
the concurrence of the President, since such agencies are under his jurisdiction.

 5. To register political parties, etc. and accredit its citizen’s arms- This provisions is one of the
reforms intended to make our political system more responsive to the need and demands
of the times.

 6. To file petitions, investigate, and prosecute- The powers given to the COMELEC under
Section 2(6) are new. It can exercise these powers on its own initiative even in the absence
of any complaint.

 7. To recommend measures- As the body charged with the duty of elections, etc., it has also
the duty to recommend measures as would effect more improvements on the election laws
of the country.

 8. To recommend removal or disciplinary action- The President may or may not follow the
recommendation of the Commission.

 9. To submit report- The report required should contain a description on how a previous
election, plebiscite, initiative, referendum, or recall was conducted and what laws or
regulations, if any, were violated. The Commission may also make recommendations with
respect to flaws or defects it has discovered in the enforcement of the election laws.

 10. To perform other functions- Under present law, the Commission has also, among others,
the following powers and function:

 a.) To exercise supervision and control over national and local officials required by law to
perform duties relative to the conduct of elections.

 b.) To promulgate rules and regulations implementing the provisions of the Election Code;

 c.) To enforce and execute its decisions, orders and instructions; and

 d.) To carry out a continuing campaign to educate and inform the public on election
matters, and the necessity for clean, free, orderly, and honest elections. (see A- Sec.8.)

Finality of decisions

 A final decision is conclusive upon the parties, i.e., it terminates the matter at issue covered
by such decision, thus precluding any further litigation between the same parties or their
successors- in- interest concerning the same. Such decision leaves nothing for the
Commission to do except to execute or enforce it, and, therefore, cannot be appealed to the
Supreme Court.
Rationale of registration of political parties

 If the State is to extend equal protection to all political parties, it is essential that the State
should know and be acquainted with what they stand for, how they are organized, how they
operate, etc.

 Registration is the means by which the government is enabled to supervise and regulate the
activities of political parties.

 The role of the Commission on Elections insofar a registration is concerned is purely

ministerial, i.e., its duty to accept the registration is definite and mandatory, which it must
perform without any power to exercise its own judgment or discretion.

Hearing of election cases

 The Commission on Elections may sit en banc or in two divisions. All election cases (see
Sec.2[2]) including pre- proclamation controversies shall be heard and decided in division.

 The Commission is empowered to promulgate its rules of procedure in order to expedite the
disposition of election contests. Congress may, by legislation, fix a period for the rendition of
decisions for election cases.

Regulation of public utilities and media

 The authority given to the Commission is to exercised for the purpose of ensuring “free,
orderly, honest, peaceful and credible elections and only during the election period. (see
Sec.9.) Note that government-owned or- controlled corporations are among those that may
be supervised or regulated by the Commission. The provision seeks to place all candidates
on more or less equal footing in making known their qualifications and platforms and their
stand on various public issues and equalize their opportunities of winning of the polls.

Pardon, etc. of violators of election laws

 The purpose of this provision is to avoid any possibility of the President granting pardon,
amnesty (see Art.VII, Sec.19), parole, or suspension of sentence to violators of law or rules
and regulations concerning elections, who may belong to his party or for political reasons.

Meaning of parole

 Parole is a method by which a prisoner who has served a portion of his sentence is
conditionally released but remains in legal custody, the condition being that in case of
misbehavior, he shall be imprisoned. A parole does not pardon the prisoner.

Meaning of suspension of sentence

 A suspension of sentence is the postponement of the execution of a sentence for an

indefinite time. It is different from reprieve (see Art.VII, Sec.19.) in that the latter postpones
the execution of a sentence to a fixed or definite date.
Meaning of political party

 A political party may be defined as voluntary organization of citizens advocating certain

principles an policies for the general conduct of government and which, as the most
immediate means of securing their adoption, designates and supports certain of its leaders
as candidates for public office.

 The term has also defined as “an association of voters believing in certain principles f
government formed to urge the adoption and execution of such principles in governmental
affairs through officers of like belief.

Free an open party system

 1. Growth of political parties encouraged- The Constitution encourages the development of

more than two political parties. It provides that “a free and open party system should be
allowed to evolve according to the people x x x”.

 2. Experience under the two-party system- The 1935 Constitution created an inflexible two-
party system- the majority party or party in power and the dominant minority or opposition
party, with the Latter charged with the tasks of constructive “fiscalization” of the former. The
result was a system which worked to place political power under the virtual monopoly of two
parties, which were really two factions of the same party, giving rise to what has been called
a “unipersonal rule” or “politics of personalities and not of ideas” in either party which found
it unnecessary to present a distinct political ideology or platform of government.

 3. Merits and demerits- The two party system has become a tradition under the presidential
system.

 Our country had become trained and experienced in the two-party system, making it a
formidable component of our political culture for such a long time.

 a.) On the other hand, the development of more parties makes the political climate more
democratic.

 b.) A multi-party system, however, can lead to stalemates an secret arrangements when no
single party can obtain a clear majority in the elections. Worse, the legislature may be so
seriously fragmented that no room agreement may be found among the different parties.

Party-list system

 1. Concept- The party-list system is a mechanism of proportional representation in the

election of representatives in the House of Representatives from marginalized or
underrepresentated national, regional and sectoral parties or organizations or coalitions
thereof registered with the Commission on Elections.

 2. Votes cast for political parties- Under the party-list system, people will not vote the name
of the nominee of the party-list, but the party itself.
 3. Sectoral or functional representation institutionalized- Votes cast in favor of a political
party, organization or coalition (i.e. block voting) are not valid except as provided by the
Constitution under the party-list system (Sec.7.) for the election of the 20% membership in
the House of Representatives.

 4 Voter has two votes- With the party- list system, a voter has two votes; one for the district
representative and another for a party or organization participating in the party-list he wants
represented in the House of Representatives.

 5.Counting of votes- The voting shall be at large and not by sector, hence, all votes obtained
by a party regardless of constituency shall be tallied on a nationwide basis.

 6.Allocation of party-list seats- The parties shall be ranked from highest to lowest based on
the number and percentage of votes garnered during the elections. Only a maximum of
three(3) seats may be allowed per party.

Election period

 This section prescribes the election period. It shall commence 90 days before the day of
election (national or local) and shall end 30 days thereafter. It does not, however, fix an
unalterable period of 90 days for an election campaign.

 The Commission or Congress, in special cases, may change the duration of the election
period. (Sec.9) The limitation is designed to minimize partisan political activities and
expensive election contest.

Campaign period

 The election period is not the same as campaign period. The former includes the 30 days
after the election while the latter can only be a maximum of 90 days part of which is
intended for the Commission to pr

Protection against harassment and discrimination

 The Constitution recognizes the right of bona fide candidates for any public office to be
protected from any form of harassment or discrimination. The provision is in line with the
guarantee in the Bill of Rights that no person shall “be denied the equal protection of the
laws.” (Art.III, Sec.1) It is deemed necessary in order to protect the interest of candidates
who do not belong to any existing political party.

 If the State guarantee equal protection to groups of individuals such as political parties, it is
but logical and a matter of elementary justice that the same protection be made available to
individuals separately, without discrimination in any form.

 Congress may, by legislation, provide sanctions for this constitutional provision. It is the
duty, particularly, of the executive branch and the Commission on Elections, to see it that
the above right is implemented.
Automatic release of appropriations

 The rule laid down in the above provision enhances the independence of the Commission as
necessary to defray the expenses for holding an election, plebiscite, recall, initiative, or
referendum. Once approved, they shall, be released automatically upon certification of the
Chairman of the Commission.

Composition of the commission on audit

It is composed of a Chairman and two Commissioners. (Sec.1[1]). The 1935 Constitution

provided for the General Auditing Office under the direction and control of the Auditor General.
Its conversion into a three-man collegiate body in the 1973 Constitution is designed to make it
more resistant to pressures from the legislative and executive branches and other offices of the
government than an office headed by a single individual.

Qualifications of members

 1. They must be natural-born citizens of the Philippines;

 2. They must be at least thirty-five(35) years of age at the time of their appointment;

 3. They must be certified public accountants with not less than ten(10) years of auditing
experience or members of the Philippine Bar who have been engaged in the practice of law
for at least ten(10) years; and

 4. They must not have been candidates for any elective position in the elections preceding
their appointment.

 The requirement that the members should either be a CPA or a lawyer is in order to enable
them to carry out their functions and duties efficiently and intelligently without relying
merely upon their subordinate employees.

Appointment and terms of office

 The Chairman and the Commissioners are appointed by the President with he consent of the
Commission on Appointments for a term of seven(7) years without reappointment. The
Commissioners first appointed for a term of less than seven(7) years are likewise ineligible
for reappointment.

 The Constitution also provides for the rotation of the appointments at regular and fixed
intervals of two(2) years. A member appointed to any vacancy shall serve only for the
unexpired portion of the term of the predecessor.

 The appointment or designation of any member in a temporary or acting capacity is similarly

prohibited. (Sec. 1[2]).

Purpose of the commission

 The Commission on Audit has been established as an independent body to see to it that
government revenues and expenditures are duly accounted for and the public funds are not
 disposed of except in conformity with the purpose for which such funds have been
appropriated.

Powers and functions of the commission

 1. To examine, audit, and settle accounts- The Commission on Audit has the power, authority
and duty to examine, audit, and settle all accounts pertaining to:

 a.) The revenue and receipts of the government or any of its subdivisions, agencies or
instrumentalities, including on a post- audit basis the four(4) classes of entities mentioned; and

 b.) All expenditures or uses of funds and property owned or held in trust by, or pertaining to
the government, etc.

 2. To act as central office of the government- The Commission on Audit keeps 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.

 3. To define the scope of its audit and examination, etc.- The Commission has exclusive
authority to define the scope of its audit and examination and establish the techniques and
methods required thereof. (Sec.2[2]) This means that Congress is without power to enact laws
on the matter.

 4. To promulgate accounting and auditing rules and regulations- Such rules and regulations
shall include those for the prevention as well as disallowance o irregular, unnecessary,
excessive, extravagant or unconscionable expenditures or uses of government funds and
property.

 Now, a violation of the rules and regulations empowers the Commission on Audit to
disapprove expenditures of public funds, making it a real guardian of the public treasury.

 5. To submit an annual financial report and recommend measures- It is this function of the
Commission on Audit which will enable Congress to know how faithfully its appropriations laws
have been carried out, and guide it in the enactment of the appropriations law for the
following year.

 6. To perform other duties and functions- Under present law, the Commission on Audit has also
the function or authority, among others, to adjust and

 enforce the settlement of accounts subsisting between agencies of the government; to assist in
the collection and enforcement of all debts and claims, and the restitution of all funds or the
replacement or payment at a reasonable price of property, found to be due the government or
any of its subdivisions, agencies, or instrumentalities; to compromise or release any claims or
settle liability to any government agency not exceeding P10,000.00; to examine and audit the
books, records and accounts

 of public utilities in connection with the fixing of rates of every nature, etc.
 The Commission on Audit is expressly directed by the Constitution to audit the books of
accounts of Congress and publish annually the itemized expenditures for each member.(Art.VI,
Sec.20)

Concept of examination, auditing and settlement of accounts

 1. Congress as the “fund raising authority” of the government raises money through
taxation, bond issues, and other means.

 2. To audit is to adjust; to allow or reject; to ascertain; to make a formal or official

examination or verification of an account or books of accounts for the purpose of
ascertaining their correctness.

 The Commission is not the internal auditor of the government. It is really the sole external
auditor of all government departments and agencies including government- owned or –
controlled corporations,

 3. To settle means to establish, to fix to free from uncertainty. It involves the making of a
certification of the balances due in favor of or against the government.

 By settling accounts due to or from the government, the COA auditor renders a decision on
the legality of claims not unlike that exercised by a court. His conclusions are not mere
opinions as in the case where he conducts an audit.

 4.An account has been defined a detailed statement of the mutual demands in the nature of
debit and credit between parties, arising out of contract or some fiduciary relation.

Exemption of any government entity or its subsidiary

 All entities of the government or its subsidiaries with investment of public funds are subject
to audit and examination by the Commission on Audit. Any law exempting from the
jurisdiction of the Commission on Audit any such entity or subsidiary in any guise whatever
or any investment of public funds will be unconstitutional and void.

Submission of report to the president and congress

 The Commission on Audit is required to submit to the President and Congress, within the
time prescribed by law, an annual report of the financial condition and operation of the
Government, its subdivisions, agencies, etc., including non-government entities, subject to
its audit.

 It is also required to recommend measures to improve the efficiency and effectiveness of the
Government and its subdivisions, agencies and instrumentalities, etc. and to submit such
other reports as may be required by law.
 Article X-local government

 Local Government- refers to a political subdivisions of a nation or state which is constituted

by law and has substantial control of local affairs, with officials elected or otherwise locally
selected.

 1. In the Philippines, it refers to provinces, cities, municipalities, and barangays.

 2 Congress may, by law, create special metropolitan political subdivisions subject to a

plebiscite as set forth in Section 10.

 3. The Constitution directs the creation of autonomous regions for Muslim Mindanao and for
the Cordilleras by an organic act to be enacted by Congress for each autonomous region
subject to a plebiscite as provided in Section 18.

Importance of local governments

 A separate article on local governments in the Constitution is a recognition of the value of

local governments as viable organs for the performance of local functions. As local affairs
can best be regulated by the people in the locality rather than by the central authority, the
grant of local efficient local government system.

Territorial and political subdivisions

 Provinces, cities, municipalities, and barangays are political bodies corporate endowed with
powers to be exercised by and through their respective local governments conformably with
law. Provinces are composed of several municipalities and cities. Cities are urban centers of
population. Barangays are units of cities or municipalities in which they are situated. (see
Sec.4)

Dual status of local governments

 1.As political bodies corporate- By statutory provisions, local governments are considered
political bodies corporate for the administration of the affairs of the community within their
territorial boundaries. As incorporated entities, they are classified as municipal or public
corporations and as such possess dual character:

 a.) In their public or governmental aspect- They are agents of the State, and for that purpose
exercise by delegation and a part of the sovereignty of the State, such as in the imposition
and collection of taxes, preservation of peace and order, and the establishment of schools;
and

 b.) In their private or corporate aspect- They are mere legal entities performing functions
not strictly governmental.

 They act as a corporate body for their own purposes and not as subdivisions of the State.

 2. Underlying test- The underlying test of whether an act of a local government is an act in
the exercise of a “governmental function” or is a “corporate act” is whether the act
 performed is for the common good or for the special benefit or profit of the corporate
entity.

Local autonomy

 Local Autonomy is the exercise of certain basic powers, i.e., police power, power of eminent
domain, and taxing power (see Art.III, Sec.9), by local government units so as to best serve
the interest and promote the general well- being of their inhabitants.

 By express constitutional mandate, enjoyment of local autonomy by the territorial and

political subdivisions, i.e., all government units including the two(2) autonomous regions, is
now a basic state policy. (see Art.II, Sec.25)

Decentralization

 Decentralization is the process of transferring basic powers from the national to the local
governments to allow maximum participation of the citizens in governmental and
community activities.

The degree of local autonomy is dependent upon the extent decentralization is effected.

Reasons for granting local autonomy

 1. Importance of local solutions to local problems- Local residents are the persons who can
best understand their own problems.

 2.Need for orderly management of local affairs- A healthy “ division of labor” and close
cooperation between the national and the local governments result in orderly management
of both national and local affairs.

 3. Desirability of self-reliance- Self reliance is the ability to cope with one’s problems by the
use of its own resources and skills.

 4. Need for fullest development of local governments- With greater powers and functions,
local governments will no longer restricted in achieving their goals. They are in fact provided
with almost limitless opportunities to achieve their fullest development.

 5. Innate desire for sell- government- The desire for self- government has its roots in the past
and has always been a national goal

 The purely unitary system was imposed upon us by our colonizers as politically necessary to
have effective control and administration of the country.

 There is as strong clamor from several sectors to amend the Constitution to adopt a federal
system of government.
Enactment of local government code

 1. Provide for a more responsible and accountable local government structure instituted
through a system of decentralization with effective mechanisms of recall, initiative and
referendum;

 2. Allocate among the different local units their powers, responsibilities, and resources;

 3. Provide for the qualifications, election, appointment and removal, term, salaries, powers,
and functions, and duties of local officials; and

 4. Provide for all other matters relating to the organization and operation of the local units.

 R.A No. 7160, approved on October 10, 1991, is presently the Local Government Code. It
took effect on January 1, 1992. It applies to all local governments, and to the extent therein
provided, to officials, offices or agencies of the national government.

Mechanisms of recall, initiative, and referendum

 1. Recall of officers is the legal process by which the registered voters of a local government
unit remove, for loss of confidence, elective local officials.

 2. Initiative is the legal process whereby the registered voters a local government unit may
directly propose, enact or amend any law or ordinance at polls called for the purpose
independently of the regularly constituted local legislative body.

 3.Referendum is the legal process whereby the registered voters of the local government
unit concerned may approved, amend or reject an ordinance enacted by a local legislative
body when the question is submitted to them for decision.

 All three (3) processes are conducted through procedure similar to election. The firs two (2)
commence with a petition signed by a certain percentage of duly registered voters of the
local government unit concerned.

Supervisory power of president over local governments

 While the President has control of all executive departments, bureaus and offices (Art. VII,
Sec. 17), he has only the power of general supervision over all local governments. The
President exercises only delegated legislative power over local governments.

 Control has a broader meaning. It implies the power to manage, direct or govern and
includes the power to supervise.

 Supervision means the power to oversee the performance of work by a person or group of
persons and coordinate their activities in the implementation of one’s own or another’s
instructions or policies.

 The President has no power to interfere in the operation of local governments or to set
aside decisions of their heads and substitute his own judgment for the latter except as
otherwise provided by law.
Supervisory power with respect to component units

 Component cities and municipalities are subordinate to a province while barangays are
subordinate to a province while barangays are subordinate to the city or municipality of
which they form a part. Section 4 directs the provinces to see it that the acts of their
component units, the cities and municipalities, be within the scope of their prescribed
powers and functions.

 Likewise, cities and municipalities shoulder the same responsibility with respect to their
components units, the barangays.

 This power of supervision of the superior local units is limited to insuring that the acts of the
inferior units are within the scope of their assigned powers and functions as prescribed by
law and the Constitution.

Taxing power of local governments constitutionally granted

 1. Exists independently of legislation- Unlike a sovereign state, municipal or public

corporations have no inherent power of taxation. Being mere creatures of the State, they
may exercise the power only if expressly delegated to them by the national legislature or
conferred by the constitution itself.

 2. Not Absolute- The taxing power of local governments is not absolute because aside from
constitutional restrictions (e.g., taxes must be for a public purpose, uniform, reasonable,
etc.,), Congress may still provide guidelines and limitations on its exercise (Sec.5) such as
prescribing the maximum rate of taxes. But such limitations must not diminish the
autonomy of local government units for it is a basic policy of the Constitution to ensure their
autonomy. (Art.II,Sec.25) Other fund sources of local governments are provided in Sec.6 and
7.

Term of office of elective local officials

 Term limits- The term of office of barangays officials shall be determined by law. In the case
of other elective local officials, their term of office shall be three(3) years, and they cannot
serve for more than three(3) consecutive terms. Voluntary renunciation of office for any
length of time shall not interrupt the continuity of the service for the full term for which an
elective official was elected for the purpose of the prohibition against serving for more than
9 years continuously. (see Aart.VI, Sec.4,7; Art.VII, Sec.4)

 The three-term limitation refers to term of office for the same position for which the local
officials were elected. It does not include succession to an office.

 2.Reasons- The prohibition will help eliminate the so-called “political wardlordism” in
provinces, cities and municipalities which in the past had been a source of abuse and,
therefore, lawlessness, and give young and enlightened leaders, who have no formidable
political- machinery or vested interests to speak of, a chance to be elected.
 3.In the case of barangay officials- The limitation is not imposed by the Constitution for the
reason that the danger that he evil sought to be avoided will arise is slight. Their powers are
very limited and usually their jurisdiction covers a small area.

Sectoral representation in local legislative bodies

 Section 9 seeks to enhance greater participation and representation by the people in policy-
making on the local government level.

 The provision is consistent with the provisions of Sec.15 and 16 of Art.XIII (Social Justice and
Human Rights) on the role and rights of people’s organizations “ to pursue and protect x x x
their legitimate and collective interests and aspirations through peaceful and lawful means”
and “to participate at all levels of social, political and economic decision-making.

Creation, division, merger, etc. of any local unit

 1. Conditions- By legislation or any other act of government having the force of law. Any
local government unit may be created, divided, merged, abolished, or its boundary
substantially altered provided:

 a.) The change is in accordance with the criteria (e.g., number of population, geographical
area, income, etc.) established in the Local Government Code; and

 b.) It is approved by majority of the votes cast in the plebiscite in the “political units directly
affected.” Where a local unit (e.g., barangay) is to segregated from a parent unit (e.g.,
municipality), the voters of both the parent unit and the unit to be segregated should be
included in the plebiscite.

 b.) Aim of the provision- The aim is to avoid the indiscriminate practice in the past of
breaking up provinces into several provinces, merging two or

 more municipalities into one, creating new cities, etc., without any definite criteria.

 By giving the inhabitants a hand in their approval, the provision will also eliminate the old
practice of gerrymandering and minimize legislative action designed for the benefit of a few
politicians. Hence, it promotes the autonomy of local government units.

Creation of special metropolitan political subdivisions

 1. Basic autonomy of component cities and municipalities retained- In view of the criticisms
against the inclusion of metropolitan governments as a new form of local government, the
Constitution, as an alternative, provides for the creation of special metropolitan political
subdivisions, subject to approval in a plebiscite as set forth in Section 10.

 2. Function limited to coordinating basic services- The metropolitan authority is not strictly a
local government unit but merely an administration agency to coordinate basic services
(e.g., health, housing, water supply and sewerage, garbage collection, traffic management)
of adjoining cities and municipalities in highly urbanized areas as Metro Manila.
Component cities and highly urbanized cities

 1. A city may be either component or highly urbanized. Component cities form part of the
province cannot be deprived of their right to vote for elective provincial officials. (Sec.12)

 2. Highly urbanized cities, as determined by law, as well as component cities whose charters
prohibit their voters from voting for provincial elective officials, are independent of the
province in which they are geographically related.

 They are not subject to the supervisory powers of the province. This is as it should be
because of the complex and varied problems in a highly urbanized city due to a bigger
population and greater economic activity which require greater autonomy. Corollary to
independence is the loss of the right to participate in the election of elective provincial
officials since these officials do not cease to exercise any governmental jurisdiction and
authority over said city.

Grouping of local government units

 Section 13 stresses the need for collective action by local government units for solving
common problems economically and effectively. It authorizes them to: 1.) group themselves,
which in a loose sense suggests a confederation or association of local executives without
any diminution of local powers, or 2.)consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them in accordance with law.

Creation of autonomous regions

 Section 15 authorizes the creation of only two (2) autonomous regions, one for Muslim
Mindanao and another, for the Cordilleras as distinct territorial and political subdivisions of
the Republic of the Philippines.(see Sec.1) It is intended to meet the demand for autonomy
that has been aired for several years now by Muslims in Southern Philippines and only fairly
recently by some leaders of the Cordilleras in Northern Luzon. It is also expected to speed up
the economic development of the regions.

 Section 15 provides the constitutional basis for the existence of autonomous regions. Some
quarters have questioned the validity of the creation of the two (2) autonomous regions
(Regions IX and XII.) in Southern Philippines for alleged lack of constitutional basis. The
matter is now laid at rest.

Composition and condition for creation of autonomous regions

 1.) As provided in Section 15, they shall consist of provinces, cities and municipalities and
geographical areas which share common and distinctive historical and cultural heritage,
economic and social structures, and other relevant characteristics.

 2.) Furthermore, the creation of an autonomous region shall be accomplished- “within the
framework of the Constitution” and subject to the “national sovereignty as well as territorial
integrity of the Republic of the Philippines.” This condition is in effect a declaration
 prohibiting secession by any autonomous region from the Philippines or dismemberment of
any territory in derogation of the Philippine sovereignty.

General supervisory power of the president over autonomous regions

 Section 16 merely reiterates the existing power of general supervision of the President over
local governments. (see Sec.4) This power extends to autonomous regions and s to be
exercised by the President “to ensure that laws are faithfully executed.” consistent with the
constitutional policy to ensure the autonomy of local governments.(Art.II,Sec.25)

Residual powers vested in the national government

 Residual powers or powers not given by the Constitution or by law to the autonomous
regions are vested in the national government. The reason for this is that local governments
including autonomous regions are mere creatures of the State operating under the principle
of granted powers (e.g., national defense, foreign relations, currency, etc.) not granted to
them, either expressly or by implication, are deemed withheld and cannot be exercised by
them.

 The retention of residual powers in the national government is necessary if the “national
sovereignty as well as territorial integrity of the Republic of the Philippines”(Sec.15) is to be
always maintained.

Enactment and ratification of an organic act for each autonomous region

 1.)Procedure- Section 18 states the procedure for the establishment of autonomous regions.
Congress is mandated to enact an organic act to be proposed for each autonomous region or
the basic law by virtue of which it shall exists as such, defining its organization and powers
(Sec.20.)

 a.) In line with the constitutional policy giving recognition to the right of the people and
their organizations to participate at all levels of social, political and economic decision-
making, (Art.XIII, Sec.16),

 Assistance and participation of a regional consultative commission composed of

representative appointed by the President from a list of nominees from multi- sectoral
bodies.

 b.) It also requires that both the executive department and legislative assembly of each
region shall be elective and representative of the constituent political units. (Sec.18, par.1)

 c.) The intention is to ensure the representative character of the regional government whose
executive and legislative officials are elected by popular vote. The proposed organic act shall
be submitted to the constituent units for approval in a plebiscite called for the purpose.

 2.Need for an organic law- There is a need for a charter or organic law specifically applicable
to each particular region, which shall define the basic structure for each autonomous
region.
Time frame for the passage of organic acts

 The Constitution directs the first Congress to be elected under the new Constitution after its
ratification to pass the organic acts for the autonomous regions in Muslim Mindanao and
the Cordilleras (see Sec.18, par.1.) within 18 months from the time of organization of the
Senate and the House of Representatives. Thereafter, the organic acts shall be submitted to
a plebiscite called for the purpose for approval by the constituent units.

Legislative powers of autonomous regions

 The organic act of an autonomous region shall provide for legislative powers to be exercised,
within its territorial jurisdiction, over the matters enumerated in Section 20. The grant of
powers is subject to the provisions of the Constitution and laws enacted by Congress.
Legislative powers over matters other than those enumerated, from Nos.(1) to (8), cannot
be exercised except when authorized by law as provided in No.(9).

 An autonomous region has almost complete administrative and legislative autonomy within
its jurisdiction over the matters enumerated. For example, under No.(4), the people can
follow their own personal laws and customs which include divorce. By making their own
educational policies No.(7), they can decide on their own educational system virtually
independent from the overall policies laid down by the Department of Education, Culture
and Sports.

Preservation of peace and order within the regions

 This responsibility is entrusted to the local police agencies to which it properly pertains. To
insure its proper discharge, such police agencies 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. For obvious reasons, only the national government should have jurisdiction
over such matter.

Article XI- Accountability of public officers

Meaning of public office and public officer

 A public office is the right, authority, and duty created and conferred by law by which, for a
given period either fixed by law or enduring at the pleasure of the appointing power, an
individual is invested with some portion of the sovereign functions of the government to be
exercised by him for the benefit of the public.

 The individual so invested is a public officer.

Nature of public office

 1.) A public office is a public trust. (Sec.1) It is not to be understood as a position of honor,
prestige and power but a position of rendering service to the public.
 2.) It is not a property. The holder of the office may not claim vested the right in it which may
not be disturbed by legislation. Any office (except when created by the Constitution) may be
abolished by law unless the abolition undermines the security of tenure of members of the
judiciary. (see Art.VIII, Sec.2, par.2)

 3.) It is not a contract. Consequently. One has no right to sue the government for the
recovery of damages which he may suffer from his removal from office.

Meaning of officer and employee

 1.)Employee- when generally used in reference to persons in the public service, it includes
any person in the service of the government or any of its agencies, divisions, subdivisions or
instrumentalities. This definition includes officers defined in No.2.

 2.) Officer

 a.) As distinguished from clerk or employee- it refers to those officials whose duties not
being of a clerical or manual nature, involve the exercise of discretion in the performance of
the functions of government.

 b.) When used with reference to a person with authority to do a particular act or perform a
particular function- it includes any government employee, agent, or body having authority
to do the act or exercise the function in question in the exercise of governmental powers.

Public office, a public trust

 The above provision lays stress on the well-known dictum that public office is a public
trust.

 1.) Significance of a constitutional declaration.- Although this basic concept is already

firmly rooted in our system of government and is universally accepted in all democratic
governments, a categorical declaration thereof in the Constitution in deemed necessary as
it will always serve as a reminder to public officers of the “ sacred character of their tasks”
and a warning that “violation thereof would be nothing less than a sacrilege.”

 2.) Standards required of public servants- Any government office is a trust for it is created
for the sole purpose of effecting the end for which the government has been instituted,
which is the common good and not for the profit, honor, or private interest of any one
man, family, or class of men. A public official or employee, therefore, occupies a very
delicate position which exacts from him certain standards which generally are not
demanded from or required of ordinary citizens.

 a.) He is, in truth and not merely figuratively, the trustee or servant of the people, and as
such, he is enjoined to serve his office with the highest degree of “ responsibility, integrity,
loyalty, and efficiency,” and at “all times be accountable to the people.” Legality should
not be the sole test of official conduct.

 b.) As a public servant, he must “ act with patriotism “ having in mind only he best
interest of the people he serves.
  c.) In the performance of his duties and functions, and even in private life, he must “act
with justice” every one his due.

 d.) In requiring public officers and employees to “lead modest lives,” the Constitution
seeks to make them models of frugality and to put a stop once and for all to the
scandalous spectacle in the past when government officials, especially those occupying
sensitive positions, practically flaunted their opulence by indulging in thoughtless
wastefulness and extravagance well beyond their known means of income in the midst of
the poverty and want of many of their countrymen.

 3.) Conflict of interest to be avoided- Nor is his all. Public interest demands not only that
he keeps faith with the trust reposed upon him, but also that, like Caesar's wife, he should
be above suspicion.

 4.) Prohibitions or disabilities on certain officials- It is precisely to guard the fiduciary

nature of public office that the Constitution places certain prohibitions in the case of the
President, Vice President, members of the Cabinet and their deputies or assistants (Art.VII,
Sec.13), the members of Congress ( Art.VI, Sec.13, 14), members of the Constitutional
Commissions (Art.IX, Sec.2), and the Ombudsman and His Deputies. (Sec.8, par.2.)
Together, these prohibitions constitute an implementation of the above principle that a
public office is a public trust.

Accountability to the people

 Section 1 enunciates the principle of public accountability. It sets down in unequivocal terms
the mandate that all government officials and employees, whether they be the highest in
the land or the lowliest public servants, shall at all times be answerable for their misconduct
to the people from whom the government derives its powers?

 1.)This mandate more directly refers to those who occupy elective positions in the
government and who are subject to the judgment of the electorate expressed at periodic
elections.

 2.) It applies indirectly to those holding appointive positions in the judiciary, and those who
are subject to the supervision and control of the President of his deputies, or the legislature
who are in turn accountable to the electorate.

 3.) Aside from direct removal by the electorate and impeachment by Congress, public
officials are held accountable to the people through administrative proceedings initiated by
administrative superiors and through criminal prosecutions and civil actions in courts.

 The new Constitution in Article XI supplies some of the ways in which the trust character of a
public office may be maintained and upheld.

Importance of maintaining public trust in public officers

 It is essential to the general welfare and necessary to the preservation of the government,
that public affairs be properly administered. For this reason, every effort must be made to
insure that the men and women elected and appointed to discharge its functions are those
 imbued with a high sense of public service morality, who consider their positions as sacred
trusts and not as means for the attainment of power and wealth.

Popular government is a magnificent three story building:

The basic foundation is the people.

 the first story is the Constitution which is the expression of their sovereignty;

 the second is the officialdom or a group of caretakers of the edifice; and in

 the third and highest story is found the altar wherein is zealously kept and guarded the
mystic fire which symbolizes the faith of the people.

 Collapse of the foundation means destruction of the entire building; collapse of the first
story is necessarily the collapse of the second and third stories and the consequent reversion
to the architectonic wisdom of the people; collapse of the second story- officialdom-
because of the misdeeds or disloyalty, is the demolition of the faith of the people; and
without faith no popular government can ever hope to live and survive.”

Meaning and nature of impeachment

 1.) Impeachment has been defined as a method of national inquest into the conduct of
public men.

 2.) It is essentially in the nature of a criminal prosecution before a quasi-political court,

instituted by a written accusation called “articles of impeachment,” upon a charge of the
commission of a crime or some official misconduct or neglect.

 The trial that follows may or may not result in a conviction.

Purpose of impeachment

 Its purpose is to protect the people from official delinquencies or malfeasances. It is,
therefore, primarily intended for the protection of the State, not for the punishment of the
offender. The penalties attached to impeachment are merely incidental to the primary
intention of protecting the people as a body politic.

Officials removable by impeachment

 1. The President and Vice-President;

 2. The members of the Supreme Court;

 3. The members of the Constitutional Commissions; and

 4. The Ombudsman.
Removal of other officials

 All other public officers and employees may be removed from office as provided by law but
not by impeachment. (Sec.2)

 There are certain constitutional officers who are not subject to impeachment because the
Constitution has already specified how they may be removed.

 The grounds and means for removing he members of Congress are provided in Section 16(3)
of Article VI, of judges of lower courts, in Section 11 of Article VIII, and of officers and
employees in the Civil Service, in B-Section 2(3),

 Article IX. It is well-settled that members of the Cabinet are removable at the pleasure of the
President.

Grounds for impeachment

 1. Culpable violation of the Constitution- It refers to a willful and intentional breach of the
Constitution. Hence, not every violation of the Constitution constitutes an impeachable
offense.

 2.Treason- It is a crime committed by any person who, owing allegiance to the Philippines,
not being a foreigner, levies war against the Philippines or adheres to her enemies, giving
them aid and comfort within the Philippines or elsewhere;

 3.) Bribery- It may be:

a.) Direct bribery- The offense committed by any public officer who shall agree to perform an act
constituting a crime, in connection with the performance of his official duties, in consideration of
any promise or gift received by such officer. It may likewise be committed by any public officer
who shall accept such gift in consideration of the non- performance of an official duty or the
execution of an act which does not constitute a crime; or

 b.) Indirect bribery- The offense committed y any public officer who shall accept gifts offered
to him by reason of his office;

 4.) Graft and Corruption- The phrase covers all graft and corrupt practices. It was not
included as ground for impeachment under the 1935 Constitution. It is inclusion may be
attributed to the awareness of the 1971 Constitutional Convention of the widespread graft
and corruption in the government at the time;

 5.) Other high crimes- The phrase refers to those crimes which, like treason and
bribery, are so serious or enormous a nature as to affect the very life or orderly
workings of the government. For impeachment purposes, “no act may be regarded
as a high crime” unless there is a law forbidding and publishing it; and

 6.) Betrayal of public trust.- This is a new ground of impeachment. It will cover any
violation of the oath of office involving loss of popular support even if the violation
 may not amount to a criminal offense. Its inclusion is more of a reaction to past
experience than an exercise in logic.

Power to initiate and try impeachment the vested in congress.

1.) The House of Representatives shall have the sole power to initiate all cases of impeachment.
(Sec. 3[1].) Under 1973 Constitution which instituted a unicameral legislative body, the process of
impeachment was vested only in the Batasang Pambansa. It was thus both the initiator and trier of
impeachment cases.

2. The Senate shall have the sole power to try all cases of impeachment. (Sec.3[6] Under the 1935
Charter, the power to initiate impeachment proceedings was also exclusively vested in the House of
Representatives, while the power to try and decide all cases of impeachments in the Senate. Hence,
if the House should refuse to initiate or file charges, the Senate would have no occasion to sit as a
court of impeachment. This is also true under the present Constitution

Procedure in impeachment cases

1. Filling of verified complaint- To start an impeachment, there should be a verified complaint

(i.e., under oath) filed against the impeachable officer.

a.) If filed by any member of the House or any citizen, the requirements provided in subsections
2 and 3 must be observed.

b.) If the verified complaint or resolution is filed by at least 1/3 of all the members of the House,
the same shall constitute the Articles of Impeachment, and trial by the Senate shall begin
immediately. (Sec.[3.])

 In any case, the Constitution prohibits the institution of impeachment proceedings or

complaint against the same official more than once within a period of one year (Sec.3[5])
even for a different ground. The obvious purpose is to protect the official concerned against
harassment for political reasons.

2. Trial by the Senate- When the senate sits in impeachment case, it sits as a court of justice
rather than as a lawmaking body. When the president of the Philippines is on trial, the Chief
Justice of the Supreme Court shall preside but shall not vote.

 3. Requirements for conviction- To convict an officer, the concurrence of at least 2/3 all of
the members of the Senate is necessary. (Sec.7) Moreover, his guilt must be established
beyond reasonable doubt as in a criminal proceeding. If the necessary vote is not obtained,
the judgment shall be an acquittal. The special majority vote is a safeguard against false
conviction.

Penalty in impeachment cases

 The penalty to be imposed to an officer found guilty of an impeachment charge is limited “to
removal from office and disqualification to hold any office under the Republic of the
Philippines.” No penalty in the form of imprisonment or fine may be imposed. If the criminal
 offense has been committed, the party convicted is still liable and subject to prosecution,
trial, and punishment, in accordance with “law, before the courts.

 Officials who are removable only by impeachment cannot be charged criminally during their
incumbency before any court with any offense or misbehavior conviction for which carries
the penalty of removal from office. The remedy is t file complaint for impeachment, and
only after the party concerned is convicted and removed from office, may he be held to
answer either criminally or administratively ( e.g., by disbarment proceedings if he is a
lawyer) for the offense or misbehavior proven to have been committed by him in the
impeachment proceeding.

 The power of the President to grant reprieves, commutations, and pardons does not extend
to cases of impeachment. (Art.VIII, Sec.19)

Effect of resignation

 The object of impeachment may not only be the removal of the accused from the office but
also his disqualification to hold any office under the Republic of the Philippines. Hence, an
official who has resigned before the commencement of or pending the impeachment
proceedings may still be impeached.

Rules on impeachment

 Section 3(8) empowers Congress to promulgate its rules on impeachment to effectively carry
out the purpose of the above provisions on impeachment.

 Congress may adopt any method it deems desirable provided it is reasonable and gives the
accused full opportunity to be heard and to present his defenses. In other words, Congress is
bound to abide by the constitutional requirement of due process of law. (see Art.III, Sec.1)
Of course, such rules are subject to the provisions of Section 2 and 3.

The anti-graft court known as the sandiganbayan

 Under the 1973 Constitution, the Batasang Pambansa was directed to create a special court
to be known as Sandiganbayan. This court “shall have jurisdiction over civil and criminal
cases involving graft and corrupt practices and such other offenses committed by public
officers and employees x x x in relation to their offices as may be determined by law.”

 The 1973 Constitution did not vest in the Sandiganbayan exclusive jurisdiction over these
cases; neither did it limit its jurisdiction to said cases. In the exercise of its legislative power,
the Congress could, therefore, confer concurrent jurisdiction over cases involving graft and
corrupt practices to other courts and give to Sandiganbayan jurisdiction over other cases.
Under Section 4, the Sandiganbayan “shall continue to function and exercise its jurisdiction
as now hereafter may be provided by law.”

Office of the ombudsman to be known as tanodbayan

1. Creation- The Constitution directly creates the office of the Ombudsman to be known as
Tanodbayan, categorizing it like the three (3) Constitutional Commisions (Art.IX) as
“independent” (Sec.5.) The Tanodbayan provided for under the 1973 Constitution is now known
as the Office of the Special Prosecutor which 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 under Section 13.

2. Composition- It is composed of the Ombudsman to b known as Tanodbayan, one(1) over-all

Deputy, and at least one(1) Deputy each for Luzon, Visayas , and Mindanao. The President is
authorized to appoint a separate Deputy for the military establishment. In view of the rigid
discipline in the military establishment, ordinary soldiers and subordinate officers may not be
expected to file complaints as freely as in civilian office against their superiors.

3. Appointment- The first Ombudsman and His Deputies shall be appointed by the President
from a list of six (6) nominees prepared by the Judicial and Bar Council (which also nominates
the members of the Judiciary), and from a list of three (3) nominees for vacancy thereafter,
without need of confirmation by the Commission on Appointments, The aim is to insulate them
from the baneful influence of partisan politics.

 All vacancies are required to be filled within three (3) months after they occur. (Section 9)

4. Qualifications- They are the ff.;

 a.) They must be natural- born citizens of the Philippines;

 b.) They must be at least 40 years at the time of their appointment;

 c.) They must be persons with recognized probity and independence;

 d.) They must be members of the Philippine Bar; and

 e.) They must not have been candidates for any elective office in the preceding election.

 In the addition, the Ombudsman must have been for ten(10) years or more a judge or
engaged in the practice of law in the Philippines. (Sec.8, par.1)

5. Disabilities- During their tenure they are subject to the same disqualifications and prohibitions
similar to those provided for members of the Constitutional Commissions under Article IX, A-
Section 2.

6.Term of office- Their term of office is seven (7) years without reappointment. They are
disqualified from running for any office in the election immediately succeeding their cessation
from office.(Sec.11)

7. Rank and Salary-- They are given the rank of Chairman and members of a Constitutional
Commission, respectively, and the same salary which shall not be decreased during their term of
office.(Sec.10) Until Congress provides otherwise , the annual salary of the Ombudsman is
P204,000 and His Deputies, P80,000.(see Art.XVIII, Sec.17.)

8. Appointment of officials and employee s- all officials of the Office of the Ombudsman other
than the Deputies shall be appointed by the Tanodbayan according to the Civil Service Law.
Section 6 is similar to the provision with respect to the appointment to the officials and
employees of the Supreme Court ( Art.VIII, Sec.5[6].) and of the Constitutional Commissions.
(Art. IX, A-Sec.4)

Rationale for creation of the two bodies

 The rationale for the creation of the Sandiganbayan and the Office of the Tanodbayan is
provided in Section 1. The principal sponsor of the Tanodbayan provision explained its
inclusion in the 1973 Constitution.

 The Ombudsman is definitely a positive contribution towards the realization of a dedicated

efficient and responsible public service and the revival of the people’s faith in government .

 Judging from the experience in other countries, an authority on the ombudsman says, “Even
if an ombudsman plan were to work only one-half the effectiveness of its original scheme,
its adoption would be well worthwhile.”

Powers, functions, and duties of the ombudsman

 The specific powers, functions and duties of the Office of the Ombudsman are enumerated
in Section 13. As protector of the people, the Ombudsman and his Deputies are mandated
to act promptly on complaints filed in any form or manner against public officials and
employees and, inappropriate cases, notify the complainants of the action taken and the
results thereof. (Sec.12)

 1. Accessibility- In relation to the public, the Ombudsman makes himself available at such
hour and place reasonably convenient to the people, to receive such complaints,
grievances, and requests for assistance as may be submitted to him. The proceedings before
he Ombudsman, subject only to the provisions of any later law, are speedy, informal,
summary and at no cost to the cost to the complainant. Stamps and telegrams are included.
(see Sec.12)

 2. Investigatory power- On his own initiative or upon complaint of any person, the
Ombudsman may act or conduct investigations on the basis of phone calls, letters or oral
complaints which, in his discretion, deserves serious consideration.

 3. Remedial power- In other cases, if an administrative act is complained of, and the
Ombudsman finds that there is no legal or other imperfection in the act, he seeks to
persuade the agency concerned to make a different decision in order to save the
complainant from needless hardship.

 4. Absence of revisory authority- Unlike the courts, the Ombudsman cannot order any
government office to reverse its decision. He is simply a “watchdog”. If the Ombudsman
were given the power to reverse or amend administrative action, it would be more than a
super- administrative agency or a special court.
 Fiscal autonomy

 Like the judiciary (Art.VIII, Sec.3.) and the Constitutional Commissions (Art.IX,A-Sec.5.,),
including the Commission on Human Rights (Art.XIII, Sec.17[4].), the Office of the
Ombudsman enjoys fiscal autonomy, to further enhance its independence. It does not have
to request the Office of the President or any government agency for the release of its
approved annual appropriations.

Right of the state to recover ill-gotten wealth

 1. By prescription, a party having a cause of action, (i.e., ground for which an action may be
brought) is precluded from enforcing his right or resorting to court for redress for his failure
to do so within a certain period of time fixed by law.

 2. Laches- is the failure or neglect of a party for unreasonable and unexplained length he has
f time to assert a right or claim giving rise to the presumption that he has abandoned it and
making it inequitable to permit the right or claim to be enforced.

 3. Through estoppel, an admission or representation is rendered conclusive against the

person making it and cannot be denied or disproved by him as against he person relying
thereon.

Prohibition against grant of loan, guaranty or other form of financial accommodation

 The prohibition contained in Section 16 further gives stress to the principle that public office
is a public trust. (Sec.1) The purpose is to prevent the officials mentioned from making use of
their influence to secure such loan, etc., to benefit them.

 Note that the prohibition extends to any firm or entity in which any of the officials
mentioned has a controlling interest (at least 51%). It does not apply where the loan, etc. is
not for any business purpose (e.g., housing loan), or is given to a firm in which he has no
controlling interest, nor in an case, after his tenure of office. In any said of situations, no
conflict of interest is involved.

Declaration of assets, liabilities and net worth

 The making of a declaration under oath of his assets, liabilities and net worth is mandatory
for every public officer or employee upon assumption to office and cannot be dispensed
with by law. In the case of the President, etc., the declaration by the officials mentioned
shall be disclosed to the public.

 The purpose of the declaration is to determine the net worth of a public official or employee
at a given date or starting point (i.e., assumption of office), such that an increase in net
worth at a subsequent period if unreported and unexplained, taking into account his known
sources of income and reasonable allowance for living and other expenses for the period,
gives rise to the presumption that the increase represent ill-gotten wealth and/or untaxed
income.
Duty of allegiance to the state and the constitution

 Public officers and employees must serve the people with utmost “ loyalty” and “act with
patriotism.” (Sec.1) They owe the State and its Constitution allegiance at all times. A public
officer or employee who seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure or incumbency violates this duty of loyalty
and allegiance.

 The law may impose sanctions on the guilty officer or employee.

Article XII- national economy and patrimony

Concept of national economy and patrimony

 1. The national economy refers to the entire structure of economic life in a country. It
encompasses all the activities relating to or concerned with the production, distribution, and
consumption of goods and services, and what are called “ factors of production,” i.e., labor
(human resources), land (and other natural resources), and capital which are utilized to carry
out these activities.

 2. The national patrimony refers primarily to the natural resources of our country which
under the Constitution include “ 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 “all marine wealth in its archipelagic waters, territorial sea,
and exclusive marine zone.”

Three-fold goals of the national economy

 1. Equity, i.e., a more equitable distribution of opportunities, income and wealth.

 2. Growth, i.e., a sustained increase in the amount of goods and services produced by the
nation for the benefit of the people.

 3. Productivity, i.e., an expanding productivity as the key to raising the quality of life for all,
especially the underprivileged.

Strategies to accomplish goals

 1. to develop a self- reliant and independent national economy effectively controlled by

Filipinos,

 2. to promote industrialization and full employment;

 3. to protect Filipino enterprises against unfair competition and trade practices;

 4. to give all economic sectors (e.g., agriculture, industry, banking, export, etc.) and regions
of the

 Country optimum opportunity to develop; and

 5. To encourage private enterprises, including cooperatives and similar collective
organizations to broaden the base of their ownership.

 Guidelines in the development of the national economy1. Self- reliant economy- in providing
for economic self-reliance, the intent is not to pursue a policy of economic seclusion rom the
international economic community, for the Philippines cannot possibly be completely self-
sufficient as to avoid the nee for imports or assistance from other countries.

 2. Independent economy- The national economy must be free from undue foreign control or
intervention.

 3. Economy effectively controlled by Filipinos- “The principal responsibility for development

belongs to Filipino citizens. They must be the principal determinants as well as the chief
beneficiaries of economic progress.”

Promotion of industrialization and full employment

 1. Importance and urgency in the Philippines- For a developing country like the Philippines,
with a large population growth and an excess labor supply, there is an inherent advantage
in adopting a development strategy that promotes industrialization and full employment.

An important aspect of industrialization is that it that it generates a high level of employment.

 The first step towards the solution of the problem is, therefore, the creation of massive work
opportunities that will absorb the millions of unemployed and underemployed labor in our
country today, and this can only be done through full and rapid industrialization.

 a.) The government naturally pursue an industrialization policy that promotes a high rate of
employment.

 b.) Also, industrialization need not be associated with large business. Small and medium-
scale industries require little investment but employ more people per unit of capital- use.

 c.)The same is true of “industries that make full and efficient use of human and natural
resources.”

 d.) Competitiveness implies the ability to compete with imports in the local market as well as
the ability to export and compete in the world market.

 2. Based on sound agricultural development and agrarian reform- Statistics show that over
70% of the country’s population of about 65 million are totally dependent on agriculture.

 3. Balance between agricultural development and industrialization- In mandating the

promotion of industrialization and full employment based on or consistent with sound
agricultural development and agrarian reform, the Constitution means that the State must
pursue an agro- industrial strategy of support for both agriculture and industry with the
former providing the vital support to the latter.

 4. Adoption of a flexible economic policy- In any event, “ all sectors of the economy and all
regions of the country shall be given optimum opportunity to develop” ( Sec.1, last par.),
 meaning that the State can adopt a flexible policy to decide on the appropriate balance
between agriculture and industry at any stage of the development process that will best
achieve the goals of the national economy.

Protection of Filipino enterprises against unfair foreign competition and trade

practices

 1. Permanent protection not contemplated- But protection is not intended as a permanent

support for “non-infant” enterprises.

 a.) Absolute protection creates an economy of inefficient industries producing poor quality
products exorbitantly priced, the high- cost of which is borne by the people particularly the
poor, simply because they are no subject to sufficient competition. It perpetuates the
“colonial mentality” of Filipinos to prefer foreign goods and not local products.

 b.) Furthermore, it deprives he government of revenues by reason of reduced imports or

ban on imports.

 c.) It also prejudicial to some industries that need imported raw materials for processing of
products for domestic sale or export.

 d.) Finally, the Constitution rejects the principle of absolute protectionism also because it
would invite retaliatory measures by other countries.

 2. When protection justified- On the other hand, tariffs and quotas and other barriers to
trade ( e.g., quarantine regulations for agricultural products and standard regulations for
industrial products) may be a feature of the trade policy of other nations.

State ownership of natural resources

 1. Our Constitution adopts the Regalian doctrine with respect to the natural resources of the
country. This doctrine holds hat all minerals, coal, etc. found either in public lands or in
private lands belong to the State.

 2. Under the doctrine, all lands of the public domain belong to the State and lands not
otherwise appearing to be clearly within private ownership are presumed to belong to the
State.

Objectives of policy on natural resources

 1. to insure their conservation for Filipino posterity;

 2. to serve as an instrument of national defense, helping prevent the extension in to the

country of foreign control through peaceful economic penetration; and

 3. to prevent making the Philippines a source of international conflicts with the consequent
danger to its internal security and independence.
Alienation of agricultural lands of the public domain

 The State is not authorized to alienate, not even to Filipino citizens, the natural resources of
the country. Only agricultural lands of the public domain may be alienated (Secs.2,3), and
only to Filipino citizens. Alienation is allowed because other provisions insure their
conservation and development by Filipino citizens (see Secs. 3,5,7,8,10) so that such lands
may be utilized and developed for the benefit of Filipinos.

Exploration, development and utilization of natural resources

 1. Former scheme- Before, the exploration, etc. of any of the natural resources may be
granted by the government by license, concession or lease to citizens of the Philippines.

 2. More active role by the State- Section 2 now requires that the State should take a more
active role in the exploration, development and utilization of natural resources. It provides
that such activities shall be under the full control and supervision of the State.

 3. Options available to the State- The State (a) may undertake such activities directly, or (b) it
may enter in to co- production, joint venture, or production- sharing agreements with
Filipino citizens or corporations or associations at least 60% of whose capital is owned by
such citizens (par.1.), or (c) it may enter into agreements with foreign- owned corporations
for large- scale explorations, etc.., by license or concession without any participation of the
State is no longer allowed.

Period of agreement for exploration, etc., of natural resources

 1. The agreement for the exploration, development, or utilization of any of the natural
resources may be for a period not exceeding twenty-five(25) years, renewable for not more
than twenty-five (25) years.(par.1)

 2. With respect to water rights for irrigation, water supply, fisheries or industrial uses, the
measure and limit of the grant is their beneficial use.

Agreement for exploration, etc., of natural resources limited to Filipinos

 The agreement for the exploration, development, or utilization of any of the natural
resources of the Philippines is limited to citizens of the Philippines, or to corporations or
associations at least 60% of the capital of which is owned by such citizens. (par.1) The 60%
equity requirement is intended, among other purposes, for the conservation of indigenous
natural resources for Filipino posterity.

Protection of marine wealth

 The State has the obligation:

 1. To protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone (see Art.1.); and

 2. To reserve its use and enjoyment exclusively to Filipino citizens.(par.2)

 Marine wealth includes everything found in the sea, life and non-life.

Small-scale utilization of natural resources by Filipinos to be allowed

 Aside from the three(3) major schemes for the exploration, development, and utilization of
our natural resources, Congress may, by law, allow (1) their small-scale utilization by Filipino
citizens, as well as (2) cooperative fish farming with priority to subsistence fisherman and
fish workers in rivers, lakes, bays, and lagoons. (par.3; see Art.XIII, Sec.7)

Technical or financial assistance agreements with foreign – owned corporations

 The Constitution imposes the following conditions on such agreements entered in to by

President:

 1. The agreement must involve only either technical or financial assistance;

 2. It must be for large-scale exploration , etc. of minerals oils;

 3. Its provisions must be according to the general terms and conditions provided by law,
based on real contributions to the economic growth and general welfare of the country;

 4. The president shall subsequently notify Congress of the contract within 30 days from its
execution; and

 5. In such agreement, the State shall promote the development and use of local scientific
and technical resources. (last par.)

Classification of lands of the public domain

 1. Agricultural- Land devoted principally to the raising of crops such as rise, sugar, tobacco,
coconut, etc., or for farming;

 2. Forest or timber- Land producing wood, or able to produce wood, or if agricultural crops
on the same land will not bring the financial return that timber will, or if the same land is
needed for protection purposes.

 3. Mineral- Land in which minerals exist in sufficient quantity or quality to justify the
necessary expenditures to be incurred in extracting and utilizing such minerals; and

 4. National parks- Land maintained by the national government as a place of beauty or of

public recreation, like the Rizal Park, or of forested land reserved from settlement and
maintained in its natural state for public use.

Basic rationale of classification

 1. The classification of lands of the public domain is based on the nature land. Under the
1973 Constitution, they are classified into agricultural, industrial or commercial, residential,
resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be
provided by law.
  2. The rationale for the change is to limit the lands of the public domain which may be
alienated to public agricultural lands. This would prevent the widespread and indiscriminate
disposition of public lands, especially timber and mineral lands which occurred in the past by
the simple expedient of classifying such lands into industrial, commercial, residential or
resettlement lands. The new classification provides a safeguard against land speculation.

Determination of size of landholding and conditions therefore

 The Constitution authorizes Congress to determine by law the size of alienable lands f the
public domain which any qualified individual, corporation or, association may develop hold
or acquire, or lease, and the conditions therefor.

 In the exercise of this power, congress may take into consideration the conservation,
ecological, and developmental requirements of the natural resources and subject to the
requirements of agrarian reform. (Sec.3).This is so because there are irreplaceable natural
resources. There are also those that have to be replenished, like timber. If there is no
requirement for reforestation, for example, our country may become a desert. According to
studies made, 42% of the land area of the Philippines should be forest in order to maintain
the proper ecological balance.

Maximum size of landholdings

 The extent of landholdings by individuals and private corporations satisfying the nationality
requirement imposed by the constitution, as follows:

1. Individual- The maximum area of public agricultural lands that may be acquired by purchase,
homestead or grant is 12 hectares (reduced from 24 hectares) and by lease, 500 hectares.

2. Corporations and associations- The maximum area that may be leased is 1,000 hectares. The
lease period shall not exceed 25 years renewable for not more than 25 years.

 The above provision was inspired by a desire to prevent the formation of big landed estates
which the experience of the Philippines as well as that of other nations had shown to be the
cause of many agrarian troubles and social unrest , and at the same time to increase the number
of landholders in the Philippines, thereby promoting social and economic stability.

Grant, now a mode for the acquisition of public lands.

 One of the controversial constitutional amendments to the 1973 Constitution ratified by the
people in the 1984 plebiscite is that which gives to the government the authority to grant
alienable and disposable public lands to qualified individual citizens.

By grant, of course, means that the recipient will not pay for the land, although he may be
made to shoulder the cost of titling and surveying.

As conceived, the grant or distribution of public lands will be integrated in the agrarian reform
program which the State is mandated to undertake (Art.XIII, Sec 4) and which is now being
administered by the Department of Agrarian Reform.
Proponents of this amendment claimed that it is necessary and desirable for the following reasons:

 1. It is a timely step in making vast parcels of idle public lands available to the less fortunate
citizens and in boosting agricultural production in the country;

 2. Before the amendment, individual citizens could acquire in ownership, alienable lands of
the public domain either by purchase or by homestead in areas not exceed 24 hectares.

 3.The land grant is designed to benefit only qualified farmers, landless agricultural workers,
and other landless citizens.

 4. A simple method of land acquisition has become imperative to legitimize the tenure of
some three million landless agricultural workers and landless families now occupying or
“squatting” on public agricultural production and economic development; and

 5. The amendment gives more meaning and substance t existing provisions of the
Constitution on social justice and renders public land distribution more honored in practice
than in theory.

 Those against the amendment have expressed fears of its being “abused” contending that it
involves too vast a power to give to anyone, involving as it does the patrimony of the nation
which the government is duty- bound to preserve and protect.

Congress to determine specific limits of forest lands and national parks

 Congress is required :

 1. To determine as soon as possible by law the specific limits of forest lands and national
parks, marking clearly their boundaries on the ground; and

 2. To provide, for such period as it may determine, measures to prohibit logging in

endangered forest and watershed areas.

Protection of rights of indigenous cultural communities to their ancestral lands

 1. Communal ownership of lands- In protecting said rights to insure the economic, social and
cultural well- being of the indigenous cultural communities, the Constitution responds to the
sad plight of these communities.

 2. Applicability of indigenous customary laws- The Constitution has opened the possible
State recognition by means of legislation of the applicability of indigenous customary laws
governing property rights or relations, as part of the laws of the land, in determining the
ownership and extent of ancestral domain.

Right to own, establish, and operate economic enterprises

 1. Many economic systems- Different economic systems have evolved in history. Today, the
most common forms are capitalism, socialism and communism but the central aim of each is
the same: a more equitable distribution of goods or wealth, or distributive justice. The main
difference is in the mechanism to accomplish this aim.
 2. Free enterprise system- Under this system, often called “free private enterprise,” private
individuals or associations of persons can own and operate business enterprises risking their
own resources and thereby taking the profits or the loses in consequence.

 3. Intervention by the State- Frequently, the struggle for economic advantage by individuals
and groups may deviate from pure competition.

 4. Regulated capitalism- The free enterprise system does not mean untrammeled freedom
of choice and action of private enterprise. Under the system, the interests of the consumers
come first. Ours then is regulated capitalism.

Acquisition of private lands

 Private lands are lands of private ownership. They include those owned by private
individuals, corporations, or associations and those owned by the State and municipal
corporations ( local governments) which are not intended for public use (e.g., roads, public
parks), or for some public service (e.g., lands occupied by public schools or public buildings),
or for the development of the national wealth.

Private lands may be transferred or conveyed to the following;

 1. Filipino citizens;

 2. Corporations and associations at least 60% of the capital of which is owned by Filipino
citizens (see Sec.2, par.1);

 3. Aliens but only in cases of hereditary succession (sec.7); and

 4. Natural- born Filipino citizens who have lost their Philippine citizenship subject to
limitations provided by law. (Sec.8)

Consequence of violation of prohibition

 1. Restoration of the status quo- A sale of land in violation of the constitutional prohibition
against the transfer of lands to aliens is void.

 2.Where violation disguised- The public policy to conserve lands for the Filipinos would be
defeated and its continued violation sanctioned, if the courts would not order the
restoration of the property.

Independent economic and planning agency headed by the president to e established

 1. Need for a central economic planning body- Economic planning is an essential part of
development policy. It may cover the whole economy, or only certain sectors of it, r
particular regions of a country.

 1. Features and functions- a.) It is independent, i.e., it is not subject to the control of
Congress in the implementation of economic programs and policies approved by the latter.

b.) It is a central body for economic planning and policy.

 c.) It is headed by the President, making it the highest economic policy planning organ. The
appointment by the Constitution of the President as the head of the body emphasizes the
importance of the planning process in the government and assures that the entire
governmental machinery will be mobilized to achieve our developmental goals.

 d.) It shall prepare programs and policies for national development in consultation with the
appropriate public agencies, various private sectors, and local government units. Such
programs, therefore, will reflect a wide national consensus.

 e.) It shall prepare such programs and policies for approval of Congress. Its function is only to
recommend. Hence, Congress may still adopt other programs and policies; and

 (f.) It shall prepare, recommend, and implement “continuing, integrated and coordinated
programs and policies”:

 1The Constitution speaks of “programs and policies for national development plans to be
formulated after consultation with local government units of the regions.

 Integrated because it has to present a unified set of policies and activities which are
consistent with each other covering as it does different sectors and regions of the country;
and

 Coordinated because cooperation and interaction among all those involved in planning and
implementation are essential to the success of any developmental plan.

 The Constitution speaks of “programs and policies for national development plans to be
formulated after consultation with local government units of the regions.

 (3) National Economic and Development Authority(NEDA)- unless Congress provides

otherwise, this body shall function as the independent planning agency of the government.

Filipinization of certain areas of investments.

 Congress shall reserve to citizens of the Philippines or to corporations or associations at least

60% of those capital is own by such citizens or such higher percentage as congress may
prescribe (up to 100%), certain traditional areas of investments, upon certain conditions:

 (1) There is a recommendation by the economic and planning agency; and

 (2) The national interest so dictates.

The existence of this provision leaves no doubt as to the constitutionality of legislations

implementing it as against the claim that they violate the guarantee of equal protection of
the laws which protect citizens as well as aliens. In the case of public utilities, the natural
resources, mass media, and educational institutions, the reservation is made by the
Constitutional itself.
 Higher percentage of Filipino Ownership

Due to differences in the nature of investment, Congress is given the power to prescribe a
higher percentage for certain areas of investment so as to provide it a degree of flexibility.

While the Constitution recognizes the need to attract foreign capital to develop major
industries, it seeks to ensure that Filipinos will continue to be the first in their own land.

Existing laws limiting certain activities to filipino citizens or corporations.

1) Operating of rural banks.

2) Engaging in the retail trade business.

3) Operation of registered overseas shipping.

4) Engaging in the rice and corn industry.

5) Engaging in tax-free cottage industries;

6) Contracts for the supply of the materials, equipment goods and commodities for the
government and;

7) Operation of atomic energy facilities.

Regulation of foreign investment

(1) Sources of investment.- Generally, they are: domestic savings, government expenditure.
In economics, it is also called “capital formation.”

(2) Kinds of investments.- It is either direct or indirect in the form of loans. Direct
investments may be made by a foreigner by: (a) buying stocks or a bonds in a local company,
(b) entering into a joint venture (corporate partnership) with a local company or host
country, or (c) establishing a business concern or a fully-owned subsidiary.

3.) Benefits and negative aspects of foreign direct investments- To the host country, it can
be seen as a source of capital, “high” technology, managerial expertise, and employment.

4.) Need for foreign investments in the Philippines- Given the present state of the economy
and the inadequacy of domestic savings, and with the government faced with so many
competing demands on its meager financial resources, foreign capital is needed to fill the
gap in the country’s investment requirements, and to be able to acquire the technology and
managerial expertise needed to survive n the globalized economy we are now in.

5.) Foreign investment policy- Foreign investments have played a substantial role in the
economic growth and development of many countries.

6.) Objective of regulations- In any case, the State Shall regulate and exercise authority over
foreign investments within its national jurisdiction so as to derive the maximum national
jurisdiction so as to derive the maximum national benefit from them.
 Meaning of Franchise

 The term franchise includes any special privilege or right conferred by the State on persons
or corporations. It may mean either the:

 1. Corporate or primary franchise, which is the right granted to a group of individuals to

exist and act as a corporation.

 2. Secondary or special franchise, which is the right granted to an individual or to a

corporation after its incorporation.

Meaning of Public Utility

 A Public Utility has been described as a business organization which regularly supplies the
public with some commodity or service, as electricity, gas, water, transportation, or
telephone or telegraph service.

Limitations upon grant of franchise, etc.

1. The grantee must be a citizen of the Philippines or a corporation or association (a) organized
under the law of the Philippines (b) at least 60% of the capital of which s owned by citizens of
the Philippines. This means that 40% of said capital may be owned by aliens;

2. Such franchise, certificate, or authorization shall not be exclusive in character ;

3. Such franchise, etc.. Shall not be for a longer period of fifty years; and

4. Such franchise (although it is in the nature of a contract between the government and the
grantee) o right granted shall be subject to amendment, alteration, or repeal by Congress when
the common good so requires. (Sec.11)

Purpose of limiting period of franchise

 The limitation of the period of the franchise is intended to prevent the grant of perpetual
franchises because they will tie the hands of the legislature an opportunity for periodic audit
of the performance of the franchise grantees.

Equity participation in public utilities

 The State (Government) is enjoyed to encourage equity participation in public utilities by the
general public. (Sec.11)

 Broadening the capital base of dominant and vital corporations removes them from being
manipulated against the general interest. It is also in line with the constitutional policy to
disperse economic benefits to as wide a sector of the population as possible. (see Sec. 1,
pars. 1 and 3.)
Foreign participation in any public utility

 1. Investment- Foreigners may invest in public utility enterprises but to the extent of not
more than 40% of the capital of the same.

 2. Governing body and management- Foreigners can even be elected to the governing body
of any public utility enterprises but their number shall be limited to their proportionate
share in the capital thereof.

Adoption of “Filipino first” policy

 1. Duty of the State- The State shall:

 a.) promote the preferential use ( by both the government and the private sector) of Filipino
labor, domestic materials, and locally produced goods; and

 b.) adopt measures to make them competitive.

 2. Aim of policy- The constitutional policy is to give preference or dominance to Filipinos in

their own country especially in the grant of rights, privileges and concessions involving our
economy and patrimony, and make them competitive as against foreigners in both
domestic and foreign markets but not to insulate them from foreign competition.

 3. Duty of buying public- Many Philippine- made products are at par with the world’s best. It
is the duty of every self- respecting Filipino citizen to buy the products of his countrymen.

Promotion of trade policy that serves the general welfare

 1. Trade policy as an implement to achieve specific goals- A trade policy is a policy affecting
exports and imports and domestic commerce formulated to achieve specific goals.

 a.) High tariffs or duties, import quotas or even total import ban f certain commodities may
be imposed to protect local industries producing similar articles;

 b.) Tariffs are made relatively low so as not to discourage imports and thus raise more
revenues;

 c.) Import controls are relaxed when they tend to encourage production of goods that are
high- priced and of low quality;

 d.) A trade policy may be designed to promote export industries to earn more foreign
exchange or the domestic- oriented industries to replace imports; and

 e.) The government may impose dumping duty on imported articles sold in the Philippines
at less than their fair market value.

 2. Paramount objective of trade policy- The Constitution makes it clear that the trade policy
which it requires the State to promote must be one that serves the general welfare .
 3.) Benefits from international trade - International trade benefits a country by allowing it
to buy from other countries , goods it lacks , or cannot produce better , or can produce only
at a higher cost , and sell surplus goods or those it can produce better and cheaper.

 4. Exchange rates of different currencies- international trade necessarily involves exchanging

ne into the other at the prevailing rate of exchange.

 5. Special problems arising from international trade – Special problems usually arise from
international economic relations .

Promotion of national talent pool of Filipinos

 Human resources- people are the most critical source of economic growth. They are the
active factors of development that utilize through their labor the passive factors (land and
capital) to produce goods and services needed by a growing economy.

 The above is the reason for the mandate that’ the State shall promote the sustained
development of a national reservoir of talents consisting of Filipino scientists, professionals,
managers, high level technical manpower and skilled workers or craftsmen in all fields.” (Sec
14, par.1)

Encouragement of Appropriate Technology

 Another important source of economic growth is technological innovation- the application of

new knowledge to the productive process. A growing economy has to accommodate itself to
successive changes in technology that raise productivity. (see Sec.1, par. 1) at lower cost,
higher quality goods, or new products.

Regulation of Technology Transfer

 1. Benefits from technology transfer- It is safe to say that underdeveloped economies are so
because they continue to depend on traditional technology particularly in agriculture.

 2. Safeguards against import of inappropriate foreign technology- The transfer or

appropriation of technology, however, is not necessarily the solution.

Practice of all Professions Limited to Filipino

 A profession has been defined as “ a calling which requires the passing of an appropriate
government board or bar examination, such as a the practice of law, medicine, public
accountancy, engineering, etc.”

 1. Nature of right to practice- The practice of a profession involves public interest and is
open only to persons who have undergone the necessary academic preparation and passed
the appropriate government examination and who possesses such other special
qualifications prescribed by law.
 2. Exercise od privilege by aliens- The Constitution limits the practice of all professions in the
Philippines to Filipino citizens.

Agency to promote viability and growth of cooperative to be created

 A cooperative is a type of business unit through which individual members cooperate in

providing specific types of services of mutual benefit to the membership.

 Cooperative operate under certain basic principle. They may be classified as consumers,
producers, marketing, credit or service cooperatives.

Formation, Organization, and Regulation of Corporations

 Under this provision, Congress is prohibited from passing a specific law or charter for the
formation, organization or regulation of specific private corporations

 The exception relates to private corporations that are owned or controlled by the
government or any subdivision or instrumentality thereof.

Creation of government- owned or- controlled corporations

 These corporations may be created or established by a special charter or law but only “in the
interest of the common good and subject to the test of economic viability.”

 “Economic viability” means that the government corporation will have the capability to
make profits and will not have to depend on budgetary appropriations or special assistance
from the government.

Temporary take- over or direction of private business by the government

 Under this provision, the State ( Government) in times of national emergency ( e.g.,
rebellion) when the public interest so requires ( e.g., to prevent the paralyzation of
economic activities.)

 The President may declare a state of national emergency and exercise the powers granted
by Section 17 without need of an emergency powers law enacted by Congress as provided
under Section 23(2) of Article VI.

Government ownership of business

 1. Establish and operate vital industries ( e.g., means of transportation and communication);
and

 2. Transfer to public ownership, utilities an other private enterprises, upon payment of just
compensation, to be operated by the government.
 Meaning of monopoly

 There is monopoly where a single seller or a group of sellers acting in concert actually
controls or posses the power to control market prices.

 The real test is “ big market power”- ability to influence or determine the price which be
charged in the market place, independent of normal economic pressures of supply and
demand.

Regulation or prohibition of private monopolies

 Even without the above provision, the State may still regulate or prohibit private monopolies
when the public interest so requires in the exercise of its police power. Monopolies that
operate in restraint of trade do away with free and open competition and, therefore, are
inimical to the interest of the consuming public.

 The use of the word “regulate” in the Constitution indicates that some monopolies, properly
regulated, are in the public interest. Competition when left wholly free, might be destructive
of public interest.

Meaning of restraint of trade

 The phrase restraint of trade is used (1) in reference o combinations, acts or practices which
interfere with the normal production and supply of commodities by the suppression of
competition therein or by other means an (2) also with reference to contractual restriction
upon the right of a person to engage in trade, business or profession, While the law cannot
compel competition, it can in the interest of public policy, remove unreasonable restraints
on competition.

Meaning of competition

 Competition implies a struggle for advantage between two or more forces each possessing ,
in substantially similar , if not identical, degree, certain characteristics essential to the
business sought. It means an independent endeavor of two or more persons to obtain the
business patronage of a third by offering more advantageous terms as inducement to secure
trade.

Meaning of unfair competition

 In its broad sense, as it used in the Constitution, unfair competition is the unjust
appropriation of, or injury, the goodwill or business reputation of another.

 Our Civil Code provides that “unfair competition in agriculture, commercial or industrial
enterprises or in labor, through the use of force, intimidation, deceit, machination or any
other unjust, oppressive or high-handed method shall give rise to a right of action by the
person who thereby suffers the damage.
 Combinations in restraint of trade and unfair competition prohibited

 Democracy becomes a veritable mockery if any person or group of persons by any unjust or
high-handed method may deprive others of a fair chance to engage in business or earn a
living. The provision seeks to preserve competition in a wholesome and free atmosphere, so
that neither in capital nor in labor may there be a monopoly through unjust means.

Central monetary authority to be established

 1. Responsibilities and objectives- The importance of a central monetary authority may be

seen by looking at the responsibilities and objectives of the Bangko Sentral ng Pilipinas
(Central Bank of the Philippines) as provided by the new Central Bank Act:

 a.) To provide policy directions in the areas of money, banking and credit;

 b.) To supervise and regulate the operations of banks, finance companies, and non- bank
financial nstitutions;

 c.) To maintain price conducive to a balanced and sustainable growth of the economy; and

 d.) To promote and maintain monetary stability and convertibility of the peso in other
currencies.

 2. Qualifications of members of governing board- The members of the governing board of

the central monetary authority must be natural- born Filipinos because of the nature of their
functions.

 The requirement that the members must be persons of known probity, integrity and
patriotism and that the majority of the members shall come from the private sector is
designed to promote the independence of the central monetary authority. It seeks to
prevent the recurrence of the board being composed in the past of alter egos of the
President.

Rules with respect to foreign loans

 Section 21 seeks to prevent, once and for all, the injudicious contracting of foreign loans in
the past on the sole initiative of the President even against the advice of the Monetary
Board of the Central Bank.

 As it is the people who will ultimately shoulder the payment of the country’s indebtedness,
he Constitution also requires that information on foreign loans obtained (public loans) or
guaranteed (private loans) by the government shall be available to the public.

Act which circumvent or negate article XII

 Section 22 declares that:

 1. Acts which circumvent or negate any of the provisions of Article XII are inimical to the
national interest; and

 2. They shall be subject to civil and criminal sanctions as may be provided by law.

 Civil sanctions may include forfeiture of foreign equity as well as loss of franchise or privilege
to do business in the Philippines.

Article XIII-Social Justice and Human rights

 Social justice is not a mere catchy slogan to express concern for the plight of the poor and
the downtrodden.

The end of social justice measures or programs should be to assure that “those who are less
favored in life be more favored in law.

Duty of state to promote social justice

 1. Aims of policy to promote social justice- The Constitution mandates the State to promote
social justice in all phases of national development (Art.II, Sec.10)- social, economic, political,
and cultural- to ensure the dignity, welfare and security of all the people, or as others put
it ,freedom from want. More specifically, the aims of the policy to promote social justice are:

 a.) to protect and enhance the right of all the people to human dignity;

 b.) to reduce social, economic and political inequalities; and

 c.) to remove cultural inequities. (see Art.XIV, Sec.18)

 2. Measures to achieve aims- These aims are to be achieved by the enactment of measures
to which Congress shall give the highest priority, that seek to “equitably [diffuse] wealth and
political power (see Secs. 15-16) for the common good.

 3. Commitment to create economic opportunities- The promotion of social justice must

include a commitment on the part of the State to create economic opportunities for all the
citizens based on the freedom of initiative and self- reliance. (Sec.2)

Beneficiary of social justice policy

 While the end of social justice is to ensure the dignity, welfare, and security of all the people,
it is a well- recognized fact, however, that for the well- being and economic security of he
higher income groups, social justice is not necessary They are so situated that through their
own efforts and without governmental help, their well- being and economic security are
assured.
Social justice and property rights

 1. Right to property entitled to protection- Social justice, however, does not propose to
destroy or undermine property rights, or to advocate equal distribution of wealth, or to
authorize the taking of what is in excess of one’s personal needs and the giving it to another.

 2. Poverty not an excuse for violating right of property owner- Social justice should not be
understood to mean that property or rights belonging to one should be given to another
who is not entitled thereto simply because the latter is poor.

Social justice through regulation of property and diffusion of wealth

1. Property ownership impressed with social function- The theory that the owner has
absolute right over his property is no longer recognized.

2. Aim of provision - A basic ill in the Philippines today is the ever-widening gap between the
rich and the poor. Wealth is concentrated in the hands of the privileged few while a great
majority of the people suffer in deprivation and misery.

Social justice through promotion of equality of opportunity

 One of the observation generally believed of our people is that our society is oligarchic in
structure which, intern in result, in government that is plutocratic in picture .

 It Is note that inequality f opportunity and income I partly due to unequal distribution
property and to uneven distribution and skills as a result of uneven of education.

Constitutional provision in social justice

 In order that declaration of the principle of social justice may not be just an empty medley
of words, the constitution in XIII has provided the means toward its realization.

 The constitution requires the president , Vice-president to subscribe to an oath to the effect
that will ”to justice to every man.”(art. VII, sec.5.)

Protection to Labor

 (1)Right to one’s labor deemed property.-the right of the labor is a constitutional as well as
a statutory right . every man has a natural right to fruits of an industry.

 (2) Labor, a primary social economics force.- the constitutional policy of social justice has
been made for real when it is imposes upon the state the duty give protection to labor .

Promotion of full employment and equal work opportunities

 The right to full employment and equality of employment through equal works
opportunities is not merely statuary but elevated into constitutional right. (Sec.3, par.1)
 1. Creation of employment opportunities imperative- Lack of employment is one cause of
social tension.

 2. State has duty to eliminate discriminatory practices- The State is mandated to adopt
measures to the end that all persons who are capable of working may be provided with
employment and the job opportunities may be open to all- man or woman, citizen or alien,
Christian or non- Christian.

 3. Useful labor essential to personal dignity and development- By useful labor, man is
enabled to acquire the materials goods necessary for his growth and improvement.

 4. Duty of every citizen to engage in gainful work-While the right to work of every citizen is
recognized, it is also his duty “to engage in gainful work to assure himself and his family a life
worthy of human dignity.

Work is both a right and a duty on the part of every citizen.

Rights of workers

 1. Right to self- organization- Everyone who works has the right to form trade or labor
unions or join the trade union of his choice.

 The right to self- organization of all workers, whether in the public or private sector,
is not a statutory creation. It is a natural and constitutional right (see Art.III, Sec.8);

 2. Right to collective bargaining- “Collective bargaining” may be defined as

bargaining by an organization of workers through representatives of their own
choosing with the employer. Free collective bargaining is not possible where one of
the parties is in a position to impose its will upon the other.

 3. Right to collective negotiation- A new concept in the Constitution for resolving disputes
between employer and employees, is “ collective negotiation”.

 4. Right to peaceful and concerted activities including the right to strike.- This right to take
group or mass action is but a special form of the freedom of expression guaranteed in the
Bill of Rights. (Art.III, Sec.4)

 5.Right to security of tenure- Employment should be terminated against the worker’s will
only for just causes and under condition provided for by law.

 6. Right to just and humane conditions of work- This right insures, in particular, safe and
healthful working conditions, equal opportunity to promotion and rest, leisure, and
reasonable limitations of working hours.

 7. Right to a living wage- A worker has alright to receive a fair and just compensation for his
work.
  8. Right to participate in policy and decision- making processes- Workers are entitled to
certain rights and benefits provided by law.

 The above rights are not only given constitutional recognition and protection; the State is
constitutionally mandated to enact the necessary implementing laws.

Principle of shared responsibility

 1. Duty of management and labor- Both management and labor share s social responsibility
in the promotion of industrial peace which redounds in the end to the benefit of all.

 2. Duty of the State- The State is mandated to promote this principle of shared responsibility
between workers and employers and the preferential used of voluntary modes, instead of
strikes, etc.

Methods for resolving labor disputes

 1.Collective bargaining- Through negotiations, an agreement is arrived at between the

representatives of the workers and employer; and

 Arbitration- there are two form, namely:

 a.) Voluntary- By this method, the parties submit the controversy to a third person for final
determination; and

 b.) Compulsory- By this method, the parties are compelled to submit their controversy to a
court or other government agency provided by law and pursuant to the procedures laid
down by law.

 These two methods are supplemented by the techniques of conciliation and mediation by a
disinterested third party, usually an agency of the government concerned with labor
disputes.

Reciprocal rights of labor and enterprises

 1. Rights of workers and employers under a wage system- Under the wage system, the
worker or employee receives from the employer or owner a remuneration or compensation
usually in the form of money for his labor or services pursuant to a contract.

 2. Reconciliation of their conflicting rights- In regulating the relations between workers and
employers, the Constitution enjoins the State to reconcile their conflicting rights- recognizing
the right of enterprises to reasonable return on investments, and to expansion and growth.
(Sec.3, last par.) The State is morally obligated to protect the rights of both parties.

Undertaking an agrarian reform programs

 1. Basis or aim of the program- Section 4 is a positive injunction to the State to formulate
and implement a comprehensive agrarian reform program.
 2.Lands covered by the program- The phrase “ “just distribution of all agricultural lands”
refers to all arable public and private lands.

 3. Distribution of lands and retention limits- The distribution redistribution of land is to be

effected either through expropriation and resale or through voluntary land sharing.

 Congress is enjoined to provide, by law, incentives to landowners for voluntary land- sharing.

 4. Transfer of landownership- Expressly or by implication, agricultural share tenancy has

been recognized as the root cause of the land problems and agrarian unrest in the
Philippines.

 5. Support Services- The transfer of land ownership, however, is only one aspect of the
program.

 6. Landownership and internal stability- It has been correctly observed that the system of
landholding in predominantly agricultural countries provides the cultivator a reasonable
reward for his efforts and an opportunity to become farm owner.

Planning, organization, and management

 This provision imposes the ff. obligations on the State:

 1.) To recognize the right of farmers, farmworkers and landowners, cooperatives and other
independent farmer’s organizations to participate in the planning, organization, and
management of the program; and

 2.) To provide support to agriculture through appropriate technology and research and
adequate financial, production, marketing and other support services.

Disposition of other natural resources and of public agricultural estates

 With the exception of agricultural lands of the public domain, the natural resources of the
country cannot be alienated.

 Under the principle of stewardship, one is called upon to exercise responsible care over
property belonging to the State entrusted to his possession or management or over which
he has free use and occupation but not legal title.

Resettlement of landless farmers and farmworkers

 Resettlement is a component of the agrarian reform program. It is involves the distribution

of public agricultural lands to deserving families and those displaced by the land transfer
operation and the increase of population in the rural areas.

 The State may resettle landless farmers and farmworkers in its own agricultural estates.

Rights of subsistence fishermen and fish workers

 The State is mandated by Section 7 as follows:

 1.) To protect the rights of subsistence fishermen especially of local communities to the
preferential use of the communal marine and fishing resources, both inland and offshore;

 2.) To provide support to such fishermen through appropriate technology, research,

adequate financial, production and marketing assistance, and other support services;and

 3.) To protect, develop and conserve such resources which protection shall extend to their
offshore fishing grounds against foreign institution.

 Fish workers shall be entitled to a jut share from their labor in the enjoyment of marine and
fishing resources.

Undertaking a continuing urban land reform and housing program

The Constitution makes it mandatory for the State to undertake for the common good a
continuing urban land reform and housing program to make available at affordable cost.

(1.) Urban land reform program.- The “whereas clauses” of Resolution No. 113 of the Batasang
Pambansa under the 1973 Constitution proposing the constitutional provision on uban land
reform and social housing program.

(2.) Housing program.- Every family should have a comfortable and a decent house which it can
call its own.

(3.) Participation of the private sector.- (Section 9) In effect requires the government to provide
assistance to private developers engaged in low cost housing projects an prohibits it in engaging
It activities or ventures which would unduly compete with private developers.

Ejectment and resettlement of urban or rural poor dwellers.

 The constitution prohibit the eviction of rural poor dwellers o the demolition of their poor
dwellings.

 To ensure the success and resettlement program for the underprivileged and marginal wage
earners in both urban and rural areas, it must be carried out after study and consultation
with different sectors.

Protection and promotion of the right to health.

 (1.) Importance of health. - Health is prerequisite to happiness and well being. It affects
socio economic factors notably income, levels of living and in particular, nutrition. Health
and Education are closely interdependent.

 (2.) Duty of State. – It is the mandatory duty of Sate to protect and promote the right to
health of every Filipino by making quality and adequate health care available and accessible
to everybody.
 (a) Adopt a integrate and comprehensive approach to health development that will make
essential goods, health service and other social services available to all the people at
affordable cost.

 (b) Endeavor to provide free medical care t paupers (Sec.11.) or the poor.

 (c) Establish and maintain an effective food and drug regulatory system;

 (d) Undertake appropriate health manpower development and research responsive to the
country’s health and problems (Sec. 12.); and

 (e) Establish a special body for disabled persons for their rehabilitation, self-development
and self-reliance and their integration to the mainstream of the society. (Sec. 13.)

 (3.) An integration ad comprehensive approach to health development. - Implies that the

State must exert effort to unify the national health care delivery system.

 (4). An effective food and drug regulatory program.- The third constitutional mandate seeks
to rationalize the law on food and drugs to protect the public from harmful and useless but
costly food and drugs.

 (5). A special agency for disabled person.- The body to be created by the State for disabled
person shall coordinate and supervise all existing governmental and non-governmental
agencies concerned with rehabilitation and education of these persons.

Protection of Working Women

 Men cannot be considered, as a general preposition, superior to women. (see Art. II, Sec.
14). However, by reason of the fragile physical structure and maternal functions of women,
the Constitution gives special concern to working women and expressly mandates the State
to protect them.

 The State is required to provide:

 1.) safe and healthful working conditions taking into account their maternal functions.

 2.) such facilities and opportunities that will enhance their welfare and well- being to realize
their full potential in the service of nation.

Obligations imposed on the state

 1. To 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(Sec. 15, par.1).

 2. Not to abridge the right of the people and heir organizations to effective and reasonable
participation at all levels of social, political and economic decision- making.
 3. By law, to facilitate the establishment of adequate consultation mechanisms between the
people and the government. (Sec.16)

The commission on human rights

 1. Composition- It is composed of a Chairman and four-members.

 2. Qualifications, appointment, term and disabilities- The members must be natural born
citizens of the Philippines, a majority of whom shall be members of the bar.

 3. Independence- To enhance its independence, the approved annual appropriations of the

Commission shall be automatically and regularly released.

Powers and functions of the commission

 These are enumerated in Section 18. Note that the Commission on its own initiative, even in
the absence of any complaint, can investigate all forms of human rights violations.

 The Commission can investigate violations committed by the government or private parties.
The visitorial power of the Commissions refers to its power to examine the administration
and conditions of jails, prisons, or detention facilities, w/ a view of determining possible
violations of human rights.

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

 Concept of Education

 Education- may refer to the process of training the physical, mental and/or moral faculties of
an individual. The overall purpose of education is to provide an individual w/ knowledge,
skills, competence, or usually, desirable qualities of behavior and character to render him fit
for the duties of life.

Ways of acquiring education

 Education may be acquired through a formal course of instruction offered by institutions

established for the purpose, or informally (Sec.1[4],5])., i.e., through means outside the
formal school system, such as on- the- job training, exposure to work, experience, self-
learning, and training under out- of- school study programs

Goals in giving priority to education, etc

 1. To faster patriotism and nationalism- Patriotism is love for or devotion to one’s country. It
is a feeling or emotion. Nationalism is an attitude or belief characterized by a sense of
national consciousness of common culture, race, and interests of a people ho consider
themselves one and distinct from others.

 2. To accelerate social progress- The fulfillment by the State of the constitutional mandate
will hasten the attainment of social progress or national growth and development.
 3. To promote total human liberation and development- The goal is not only to promote the
common good, but the individual welfare as well. While “liberation” an “development”, as
used above, are not synonymous, one presupposes the other.

Duty of the state to protect and promote right to equality education

 1.Equal opportunity to quality education- Education is not a local and private concern.

 2.Problem of poor school facilities and services- The Constitution recognizes that the quality
education may be deficient in some cases as a result of poor school facilities and services.

System of education to be relevant to the needs of the people and society

 1. Education service contracting scheme- Under this system implemented starting school
year 1986-1987, students not accommodated in public elementary and secondary schools
because of lack classrooms, teacher, instructional materials and etc.

 2. Five- year literacy program- This program implemented starting school year 1987-1988 is
designed to upgrade the literacy skills of grade school children in depressed areas of the
country.

 3.Reduction of entrance age- The entrance age for elementary schoolchildren was reduced
from seven(7) t six(6) years old, starting school year 1988-1989.

 4. Values education framework- In line with the new thrust in education, a review of the
value component of the different educational programs is being undertaken to draw up a
values education framework which shall serve as a guide evolving a value development
system program of the DepEd.

 5. Parents education program- This program designed to make parents play a more
important role in boosting the educational welfare of their own children was initially
implemented nationwide starting school year 1987-9188 in depressed, disadvantaged and
undeserved.

 6. Educational development projects- The Educational Development Decree orders the

undertaking of educational development projects such as the establishment and/or
upgrading of technical institutes, skills training centers and etc.

 7. National Secondary Assessment Test/ National Elementary Admission Test National

Diagnostic Examination- Under Presidential Decree No. 146, all high school graduates were
required to pass a national college entrance examination (NCEE).

 8. Study now- pay later plan- Presidential Decree No. 932 (Educational Assistance Act of
1976.) further “democratizes access to education by providing opportunities to deserving
citizens to pursue higher education and training in the fields of study vital to the
development of national economy.
 9. Accelerated Learning Program for Elementary Schools- Under this program (ALPES), public
elementary school children are promoted to the next higher grade if they pass the ALPES
examination showing that they are too intelligent to remain in their respective grade levels.

 10. Secondary Education Development Program- This program (SEDP) developed a new high
school curriculum to upgrade secondary education, considered as the weakest link in the
school system.

 11. Family planning- This subject has been integrated in the curricula as a prerequisite to
graduation for collegiate students, with those taking medical and paramedical courses being
required to take the subject in the regular manner.

 12. Program for decentralized educational development- This program (PRODED) of DECS
with its massive teacher retraining courses is designed to upgrade the quality of elementary
education and improved the availability of educational services among deprived regions of
the country.

 13.Youth Entrepreneurship and Cooperatives n School- This program (YECS), implemented by

DECS initially in 21 public high schools in various parts of the country in cooperation in other
government agencies.

 14.Effective and Affordable Secondary Education- Project EASE is currently being piloted in
one public high school in each of the DECS 16 regions.

 15.Non- formal Education Accreditation and Equivalency- The main component of this
program (NFE A and E) is a novel non-formal education curriculum which covers three(3)
levels of training.

 16.Other reforms, programs and measures- The Department of Education, Culture and
Sports has also institutionalized the ff. reforms all aimed to improve the quality of education.

System of a free public education to be established and maintained

 Under the 1973 Constitution, the State was required to “maintain a system of free public
elementary education and in areas where finances permit, establish and maintain a system
of free public education at least up to the secondary level.”

 The government supports higher education through a system of state universities and
colleges, the biggest of which is the University of the Philippines.

Compulsory elementary education for all children of school age

 The explicit provision for compulsory elementary education (Sec.2[2]) seeks to address the
social problems, such as illiteracy and child labor, prostitution and crime, spawned by the
lack of a similar provision in the 1935 and 1973 Constitution.

 Congress may, by law, impose penalties on parents who refuse to send their children to
school without justifiable or legal grounds.
Natural right and duty of parents to rear their children

 The compulsory requirement yields to the natural right of parents to rear their children.

 By the natural law, parents have the duty to educate their children, for this belongs to the
primary end of marriage.

 In values formation, the role of the family or the home is even stronger than the educational
system.

Right of the state to a sufficiently educated citizenry

 The State also has the right to a sufficiently educated citizenry. But it has no right to
interfere in what strictly belongs to the family.

 The State can compel parents to feed their children if they neglect to do so, but it has no
right to interfere when their parents discharged their obligation satisfactorily.

Non-formal, informal and indigenous learning systems, etc., to be encourage

 1. Formal educational system- Schools are the ordinary means of education Formal
Education, oftentimes referred to as “schooling” does not refer only to general education
but also to vocational/technical education, special education for the handicapped or gifted
children, and adult education programs.

 2.Non-formal, etc. learning systems- For some age groups or specific groups of individuals
and by reason of the peculiar conditions in some areas of the country.

Educational aims of schools

 The Constitution commands that all educational institutions shall aim to:

 1.) inculcate patriotism and nationalism;

 2.) foster love of humanity, respect of human rights (see Preamble; Art.II, Sec.11; Art.III.) and
appreciation of the role of national heroes in the historical development of our country.

 3.) teach the rights and duties of citizenship (see.Art.III and IV)

 4.) strengthen ethical and spiritual values;

 5.) develop moral character and personal discipline;

 6.) encourage critical and creative thinking;

 7.) broaden scientific and technological knowledge; and

 8.) promote vocational efficiency.

Importance of values education

 An educational system that does not lay emphasis on the nation’s great past, on the lives
and achievements of its heroes and martyrs or on the forces that made its history unique,
will necessarily turn out citizens who have little self-confidence and etc.

 An education that has very little [ethical and] spiritual content will not produce citizens who
will sacrifice physical comforts and convenience for things of the spirit.

Optional religious instruction in public elementary and high schools to be allowed

 1.)The parents or guardians express their desire in writing that their children or wards be
taught religion in schools;

 2.) The instructors must be designated or approved by the religious authorities of the
religion to which the children or wards belong; and

 3.) No cost is incurred by the government for such teaching (Sec.3[3]) other than that
incidental to the use of the school building.

State power over educational institutions

 1.) Private schools- To ensure compliance with the educational policies enunciated in the
Constitution and existing laws, the Constitution provides that the State “shall exercise
reasonable supervision and regulation of all educational institutions.”

 2.) Public Schools- In its practical application, the provision has reference particularly to
private schools inasmuch as public schools are obviously under State control, an authority
far more extensive than mere supervision and regulation.(see Art.VII, Sec.17)

Educational institutions established exclusively for aliens prohibited

 1.) The constitution also prohibits the establishment of educational institutions exclusively
for aliens, and limits the number of aliens to not more than one-third of the enrollment in
any school.

 2.) Schools exclusively maintained by foreigners for their own nationals and practicing
discrimination against Filipinos should never be allowed to operate in the Philippines.

Exemption from taxes and duties

 1.) Non-stock, non-profit educational institutions- All their revenues and assets used actually,
directly, and exclusively for educational purposes are exempt from income and property
taxes and customs duties.

 2.) Proprietary educational institutions including those cooperatively owned- They may
likewise be entitled to such exemptions subject to the limitations provided by law.
 3.) Grants, endowments, etc.- Al grants, endowments, donations or contributions used
actually, directly, and exclusively for educational purposes are also exempt from tax.

Regional and sectoral needs and conditions to be taken into account

 1.) to take into account regional and sectoral needs and conditions; and

 2.) to encourage local planning. (Sec.5[1])

 The Constitution gives due recognition to he fact that different regions or sectors have
different, and in many cases, peculiar problems, needs and requirement.

Meaning of Academic freedom

 Academic freedom applies both to the members of the academic community as well as to
the institution itself:

 1.) As a right of an individual teacher- The term has been defined as the freedom of the
teacher or research worker in higher institution of learning to investigate and discuss the
problems of his science and to express his conclusion.

 2.) As a right of an individual student- Academic freedom is enjoyed as well by the student.

 3.) As a right of an educational institution- It has reference to the freedom of a college or

university to determine for itself;

 a.) “Who may teach,” that is, to prescribe the qualifications of faculty members and select
them at its discretion;

 b.) “What may be taught,” that is, to decide what subjects to be taught or to fi the
curriculum;

 c.) “How it shall be taught,” that is, to adopt methods, procedures and practices of teaching;
and

 d.) “Who may be admitted to study,” that is, to prescribe the conditions or criteria for the
admission of students.

Importance of guarantee of academic freedom

 The progress of the community depends on the advancement of knowledge. It is rightly felt
that unless intellectual inquiry is allowed the latitude and freedom, the frontiers of
knowledge of not likely to be pushed forward. Worse than that, there might even be
retrogression because science is not stationary.

Guarantee not academic license

 Academic freedom does not mean academic license. Inasmuch as it is but a special form of
freedom of expression, academic freedom must necessarily be subject to the well-defined
limitations on freedom of speech, of expression, or of the press, freedom of association, and
the right of assembly.

 Academic freedom is the freedom to teach what is good and not to teach evil.

Right of teachers to professional advancement

 1.) To help strengthen the educational system, a career progression system known as
Master Teacher Plan has been initiated in the public school system.

 2.) A teacher may work at obtaining a master of arts degree without leaving his or her
station and at government subsidized cost under the home study for teachers (HST) program
a form of non traditional adult education to upgrade the basic professional skills of teachers.

 3.) Letter of Instruction No. 552 directs the Civil Service Commission to conduct a continuing
development program for both classroom mentors and field school officials. The training for
school administrators, called the educational system management program (ESMP),aims at
improving competence in institutional supervision and in educational program management.

 4.) The DECS (now DepEd) implemented, starting school year 1988, an integrated
scholarship program for public elementary and secondary school teachers and field officials.

 5.) The teachers are no longer considered just part and parcel of the so-called “rank-and-file”
of the bureaucracy- they make profession.

 6.) Another law sets up Centers for Excellence in Teacher Education, creating a Teacher
Education Council for the purpose.

 7.) The National English Proficiency Program (NEPP) of the Department of Education aims to
identify the strengths and weaknesses of Public School Teacher in English Comprehension
and Usage.

 8.)The Equivalent Record Form (ERF), an automatic position upgrading program for public
elementary and secondary school teachers initiated.

Right of non- teaching academic and non-academic personnel

 The Constitution expressly declares that they shall enjoy the protection of the State.

 The non- teaching workers (e.g., registrars, librarians) in our schools also render invaluable
service in making it possible for education to be available and accessible to all. It is obvious
that schools cannot function without them.

State to assign the highest budgetary priority to education

 The Constitution has restored education as a primary concern of the State in the provision
which requires the State to “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. The provision
directly attacks the fundamental problem behind the deterioration of the educational
system.

Duty of state to improve lot of teachers

 The performance and morale of teachers will be low if their salaries are low. The guarantee
of “adequate remuneration and other means of job satisfaction and fulfillment” will correct
the years of neglect of the nation’s teachers who constitute one of the biggest occupational
groups in the country.

Concept of language

 Language refers to the words, their pronunciation, and the methods of combining them,
used and understood by a considerable community and established by long usage.

 Dialect is a variant of language, especially one restricted to a limited area.

Importance of language

 The purpose of a language is to communicate- to carry ideas, thoughts and feelings from one
person to another so that they are understood. Language, therefore, is called a social
institution, meaning that men have invented and developed language to satisfy the need to
communicate with one another.

National language is Filipino

 Under the 1935 Charter, Congress was directed “to take steps towards the development and
adoption f a common national language based on the existing native languages based on t
existing native languages.”

 In the 1973 Constitution, the Batasang Pambansa was directed to “take steps toward the
development and formal adoption of a common national language to be known as Filipino.”

 Both the 1973 and 1987 Constitutions make reference to the same Filipino language that is
based not only one but on all native language.

 Filipino principally based on Tagalog will eventually include selected words taken from
various existing native languages as well as most familiar or commonly used words from
foreign languages.

Pilipino not immediately abrogated

 Apparently, the Constitution envisions a language which favors no single ethnic linguistic
group and which, hopefully, would be more acceptable to the great majority of our people.
However, Tagalog is likely to remain as the principal basis of our national language as it is
understood and spoken in practically all regions of the country.

Need for a national language

 Under the Constitution, the stress is on the development and he enrichment of a national
language on the basis of the existing Philippine and other languages.

 It is evident to that the understanding and usage of national language by a Filipinos will
serve not only as a vehicle for achieving our goal of national identity and unity, but also
allow for the more effective transmission of knowledge and information to a larger segment
of the population and promote the Filipino people’s collective participation in nation-
building.

Use of Filipino as a medium of official communication and language of instruction

 Subject to the provisions of law and as Congress may deem appropriate, the Government is
enjoined to take steps to initiate and sustain the use of Filipino as a medium of official
communication and as language of instruction of the educational system. (Sec. 6, par. 2.)

 In the absence of a law o the contrary, the “Filipino” which shall continue to be used as a
medium of official communication and as a language of instruction is the same Tagalog
based Filipino referred to in the 1973 Constitution.

Official languages of Philippines

 For purposes of communication and instruction, the official languages are Filipino and
English.

 The use of Spanish as an official language in the Philippines.

 It is not used by most Filipinos, English and Pilipino being preferred by them.

Need for communication skills in English

 English is the accepted universal language of commerce, science and diplomacy. It is the
language of cyberspace or information technology.

 Today, it is a necessity for anyone seeking a place in our wired global economy. It is dictated
not only by the need for unity and convenience, but also to keep us abreast o other
countries in the fields of information and communication which use English to communicate
the world over.

Auxiliary officially languages

 Filipino and, until otherwise provided by law, English, are the official languages of the
Philippines.

 Spanish and Arabic are languages of world importance spoken by many Filipinos.

 They shall be promoted on a voluntary and optional basis. (Sec. 7, last par.)

Difference between official language and national language

 Official language is the prescribed medium of communication in the government, the

courts, and the schools. It may not be the national language.

 National language is the standard medium of communication among the people. It may not
be an official language.

Constitution officially promulgated in Filipino and English

 Section 8 directs that the new Constitution be officially promulgated in Filipino and English.

The retention of English as a language for the official text is justified because of the richness
of American and English jurisprudence interpreting many provisions of the Constitution,
particularly the provisions of the Bill of Rights which, by settled rules of interpretation, is
applicable in our jurisdiction.

Translation and interpretation

 Section 8 also mandates that the new Constitution be translated into major languages,
Arabic, an Spanish.

 However, in case of ambiguity, omission or mistake in the English text, The Filipino text may
be consulted to explain the former.

National language commission to be established

 Section 9 orders Congress to established a national language commission. Its function is to

“undertake, coordinate and promote researches for the development, propagation and
preservation of Filipino and other languages.”

 Tagalog as its linguistic base, enriched by words from other local dialects, and words
borrowed from foreign languages particularly English and Spanish.

Concept of Science and Technology

 The term science comes from the Latin word scire, meaning “to know” and it means orderly
obtained and tested through careful and systematized search and study of facts, especially
facts found by observing the ways of nature.
 Technology- is applied science. I is the application of scientific knowledge to practical
purposes in a particular field.

Science and technology essential for national development and progress

 Give priority to research and development, invention, innovation, and their utilization; and
to science and technology education, training and services,

 Support indigenous, appropriate and self-reliant scientific and technological capabilities and
their application to the country‘s productive systems and national life.

Promotion of science and technology

 The government has the responsibility to invest more public money in science and
technology education, research and development to break the vicious cycle of economic
underdevelopment leading to underdeveloped science and technology and vice versa.

 It is also imperative that there be a conscious effort to encourage scientific pursuits

especially by gifted citizens and to attract and retain Filipino scientist abroad.

Science and Technology and Training

 The broadening of scientific and technological knowledge is one of the primordial aims
which educational institutions are required by the Constitution o pursue.

 The education must start at the elementary level, where young children are to be trained in
analyzing problems and not merely rote learning of science courses.

Right to inventions, etc. to be secured

 The Constitution recognizes and protects the exclusive rights of scientist and inventors to
their discoveries and inventions, authors and artists other gifted citizens to their writings,
arts whatever pecuniary benefits and reputation they may gain from works of their creation
particularly when beneficial to the people.

 It directs that this right to exclusiveness be secured but only for such period as may be
provided by law.

Concept of arts and culture

 Arts has been defined as the branch of learning which involves the application of skill and
taste to production according to aesthetic principles; the conscious use of skill, taste and
creative imagination in the practical resulting from such use or application.

 Culture, in its general sense, refers to all those things which go to the refining and
developing of man’s diverse mental and physical endowments.
 Importance of culture

 The culture of a people is the thing that makes them distinct and different from all other
people.

 The truth is that, although it may not be readily apparent, culture not only make s life in
society a pleasurable experience.

 Today, with so much tension and conflict in the world, we need the arts and artists to give
form and expression to man’s highest and most enduring values.

Promotion of culture

 Foster the preservations, enrichment and dynamic evolution of Filipino national culture
based on the principle of unity in diversity in a climate of free, artistic and intellectual
expressions.

 Support arts an letters (literary works) which shall enjoy its patronage;

 Insure equal access to cultural opportunities through the educational system, public or
private cultural entities, scholarships grants and others.

Preservation, Enrichment, and Dynamic Evolution of a Filipino National Cultures

 Filipino national culture- encompasses all the ways by which the Filipinos have expressed
and continue to express their ideas and sentiments, their values society at any given period
of time.

 Various cultures found in our country- there are various cultures that have evolved in our
country.

Cultural treasures of the nation

 Arts and letters shall enjoy the patronage of he state (Sec. 15.) to foster he artistic and
literacy talents of the people.

 National cultural treasure is defined by law as “a unique object found locally, possessing
outstanding historical, cultural, artistic and r scientific value which is highly significant and
important to this country and nation.”

Rights of indigenous cultural communities

 In the development of a Filipino national culture, the State must respect all the cultural
forms which have been evolved by the people through the centuries.

 It must be “democratic” in the sense that it represents the cultures of all the people.
 Equal access to cultural opportunities

 One of the aims of the constitutional policy to promote social justice is to “remove cultural
inequalities.”

 The fulfillment by the State of this duty will raise the level of culture of the people, develop
their artistic creativity, enhance their appreciation of distinctive Philippine arts, awaken their
consciousness to our cultural heritage, and encourage them to assist in their preservation
and development.

Concept of sports

 Sports-is a general term applied to both indoor and outdoor games, play, or contests
requiring individual physical prowess or mental skill or both, usually competitive in nature,
and providing a pleasant source of diversion, amusement, or pastime.

Promotion of sports

 Correlation between a country’s progress and its supremacy I sports- the promotion of
sports is given high priority for the development of a robust citizenry.

 Obligation of state-recognizing the importance of sports in our national life, the Constitution
under the above provision imposes upon the State he obligation to.

 Integral part of nation-building- the constitutional commitment to encourage sports to

include training for international competitions acknowledges the fact that the Philippines,
once a winner of many championships in international sports, has become a Medici ore
competitor.

Concept of family

 In a broad sense, family is a group of persons united together by ties of marriage and blood.
In a very restricted sense, it is applied to the group formed by the spouses and their
children.

Importance of the family to the state

 1) A basic social institution. – Although the individual is obviously the primary cell in the
body politic, as he is in all other human organizations, it is the family which provides the
basic social unit of the State.

 Leo XIII defined the status of the family as that of a

Society “limited, indeed, in numbers, but no less a true society, anterior to every kind of
State or nation, invested with rights and duties of its own, totally independent of the civil
community.
 (2) The community’s first socializing agency. – The family is, in fact, the community’s
first socializing agency and the source of its strength and stability.

(3) An institution unique social valve. – The unique value of an institution of this kind
to political society is so immediately evident that one of the first duties of the state should
be to protect and strengthen family life.

There are two aspects in family relations, one internal and another external.

(1) In the internal aspect, the family is commonly known t be sacred and inaccessible even to
law.

(2) It is only in the external aspect when third persons and the public interest are concerned
that the law fixes rules regulating family relations.

Concept of marriage

 The term marriage has two distinct meanings. It may refer to the ceremony or act by which a
man and woman become husband and wife or to the state of being married. Thus, marriage,
is both a contract and a status, the latter being a result of the former.

Marriage, an inviolable social institution.

 Marriage is a status or relation`````````````` of one man AND woman, legally united for life,
with rights and obligations which are governed by law and not subject to private agreement
between the parties.

Duty of state to defend family rights

 The state has the duty to depend the respective rights of spouses, of children, of the family,
and families or family associations stated in Section 3. The purpose is to strengthen the
family as the foundation of the nation and to protect the marriage institution as the
foundation of the family.

 (1) Right of spouses. – Subsection (1) prohibits State’s interference in the independence of
married couples to determine the size of their own family according to their own religious
convictions and the demands of responsible parenthood.

 (2) Right of children. – Subsection (2) takes cognizance of statistics depicting children in dire
need of protection.

 (3) Right of family. – Subsection (3) considers families whose income hardly provides for
their barest daily needs.

 (4) Right of families or family associations.

 - Subsection (4) is founded on its evident fairness.

 Duty care for elderly members

(1) By the family. – Members of the same family have the duty to render mutual aid, both
moral and material, to each other.

(2) By the state. – Existing laws grant benefits for sickness, disability, accident, etc.,
to individuals covered under the social security system.

Article XVI-GENERAL PROVISIONS

The Philippine Flag

 (1) This section describes the flag of the Philippines. The law referred to is the Philippine Flag
Law. Our flag is historic and has a storied past. The color and even the shapes in the national
emblem stand for significant elements or events.

 (a) The flag is made of two stripes, one red, one blue, and a white equilateral triangle to the
left of the area. The upper stripe I blue and the lower stripe is red. In the center of the
triangle is an eight-rayed yellow sun. In each angle or corner of the triangle is a five-pointed
star.

 (b) The red color signifies Filipino valor and heroism; blue, the Filipino resistance to foreign
invaders and the Filipino aspirations for freedom; and white, the Filipino capacity for self-
determination or to govern themselves like any other people. The blue color is also said as a
symbol of truth, justice, and brotherhood and the white, of purity and peace.

 (c) The three (3) five-pointed stars represent the solidarity of the three (3) major
geographical divisions of the Philippine Archipelago: Luzon, Visayas, and Mindanao and the
five (5) points in each star, the many islands surrounding these geographical divisions. The
sun symbolizes Liberty and its eight (8) rays represent the provinces (Morong [Rizal],
Bulacan, Pampanga, Nueva Ecija, Tarlac, Laguna, Batangas, and Cavite) that first took up
arms against Spain and were declared by the Spanish Governor General in a state of war (en
estado de guerra). The sun is also said to represent the gigantic strides that were made by
the Filipinos in overcoming the oppression of the Spanish colonial regime.

 (d) The white equilateral triangle which is the flag’s main feature, many believe, was based
on the Katipunan War standard and stands for its ideals of liberty, equality, and fraternity or
brotherhood of men.

 (3) The Philippine Flag is further distinguished from all the flags of other nations by
the manner with which it is hoisted. In times of peace when the flag is flown from a flagpole,
the blue field is on top; if, the red field is up, it signifies that the nation is at war. If in a
hanging position, the blue field shall be to the right (left of the observer) in time of peace,
and the red field to the right (left of the observer) in time of war.

 (4) The present flag was sewn by hand for five (5) days at 535 Morrison Hill in Hongkong by
Marcela M. Agoncillo (wife of the first Filipino diplomat Felipe Agocillo), assisted by her
 daughter Lorenza Agoncillo (who was then only 7years old), and Delfina Herboza-Natividad,
a niece of Jose Rizal, from May 12 to 17, 1898 on orders of Gen. Emilio Aguinaldo.

 (5)Our National flag received its baptism of fire in the battle of Alapan, Cavite on May 28,
1898.

 (6) The Philippine flag is not only the revered symbol of our Republic and our
national solidarity; it is also the symbol of our struggles for political emancipation as well as
our identity as a freedom-living people.

Exemption from flag ceremony on religious grounds.

 Under the law, all government offices and educational institutions are required to observe
flag raising ceremony every Friday afternoon, which shall be simple and dignified and shall
include the playing or singing of the Philippine National Anthem.

 Failure or refusal observe the flag ceremony as required by law, shall be penalized by public
censure as an administrative punishment which shall be published at least once in a
newspaper of general circulation.

Adoption of a new name for the country, a national anthem, or a national seal.

 Section 2 seems to imply that the present name, national anthem, and national seal are not
“truly reflective and symbolic of the ideals, history, and traditions of the people.”

Playing or singing of the National Anthem.

Under Republic Act No. 1265 and department Order No.8, series of 1955 of the Department
of Education, the national anthem may either be sung by the pupils or played by the school
band alone.

The national anthem shall be sung o played upon the opening or start of all state
celebrations or gatherings and on such other occasions as may be prescribed by
appropriate rules and regulations.

Principle of non-suability of the State

 (1) A manifestation of republican government. – This principle is derived from the will of the
people themselves in freely creating a representative government through which they have
agreed to exercise the powers and discharge the duties of their sovereignty.

 (2) Wrongful acts not condoned. – The doctrine refers solely to the freedom of the State
before its own courts from legal responsibility for its own actions.

 (3) Scope. – The principle extends to suits against foreign states.

 Bases of the principles.

(1) Upon reasons of pubic policy. – It is obvious that public service would be hindered and the
public safety would be endangered, if the State could be subjected to suit at the instance of every
citizen, and consequently

controlled in the use and disposition of the means required for the proper administration of
the government; and

(2) Upon the very essence of sovereignty. – Immunity from suit is inherent in all sovereign states.
The reason is based on the logical and practical ground that there can be no legal right as against
the authority that makes the law on which the right depends.

The State (Government) may be sued only with its consent. (Sec. 3.) Consent may be given:

(1) Expressly. – Through a duly enacted statute.

(a) By means of a general law (e.g., C.A. No. 327, as amended by Pres. Decree No.
1445.) defining the cases where and prescribing the conditions under which it may be used.
Here, the State gives its consent in advance; or

(b) By means of a special law authorizing a particular person to bring a specified suit against the
government with respect to a particular claim.

(2) Impliedly. – As in any of the following cases:

(a) When the government sues to recover money from an individual who has a claim
against it, the latter may setup such counterclaim;

 (b) When the government engages in commercial business or enters into a contract, it can
be used upon the theory that it has descended to the level of a private individual from which
it can be implied that it has given its consent to be used under its contract and thereby
divested itself of its sovereign character and its immunity from suits. This rule applies to
local governments. (Art. X, Sec. 1.)

Waiver of immunity not admission of liability.

 By consenting to be used , the state simply waives its immunity from suit. It does not by such
act concedes its liability to the plaintiff, It merely gives a remedy to enforce a pre-existing
liability and submits to the jurisdiction of the court, subject to its right to interpose any
lawful defense.

Armed Forces of the Philippines to include a citizen armed force.

 This section directs that the armed forces of the Philippines shall be composed of a citizen
armed forced (both male and female) who shall undergo military training and service, as
may be provided by law.
 There is now a Armed Forces of the Philippines already established by law. Pursuant to this
section, it shall keep a regular force necessary for coping with immediate defense and
security tasks. 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. (Art. II, Sec. 3.)

The citizen army concept

 The citizen army concept calls for a core of regular army men training young citizens to form
the larger base of army manpower which could be mobilized in case of emergency.

 The citizen army concept, patterned after the Switzerland’s model, is probably best
expressed by the Swiss in their description of their military establishment. “Every male
citizen fit to military service shall participate in the military protection of his native
country . . . The whole Swiss Army, troops and commanders at all levels, perform their duties
as an incidental occupation. The whole army is ‘at home’ in times of peace, except the
detachments that happen to be performing supplementary training. All service in our army
is, in peacetime, training service. We have no standing army.”

Rules applicable to the armed forces

 Under No. (1), members of the armed forces are expressly required to take an oath or
affirmation to support the defend the Constitution although they are “public officers and
employees” who are already required to do so under the Article on the Civil Service. (see Art.
IX, B-Sec. 4.)

 No. (2) is in line with the declaration that the Armed Forces of the Philippines is the
protector of the people and the state.

 No. (3) Is designed to insulate the armed forces from partisan politics particularly in
matters of promotions and assignments. The Constitution take cognizance of the low
remuneration and little benefits received by lower-rank members which affect their
efficiency, integrity, and morale.

 “Civilian position” in No. (4) covers any position, whether permanent or temporary,
including those in private entities taken over under whatever arrangement by the
government. The prohibition is not a reflection on the management skills of the men in
uniform.

 Nos. (5), (6), and (7) are all intended to put a stop to practices in the past which favored
officers and men with political influence or connections. It is not clear whether the Chief of
Staff can continue his tour of duty (No. 6.) even beyond his scheduled retirement. (No. 5.)
Note that No. (7) merely shall be decided by the majority of the votes cast in the
corresponding plebiscite. (see Sec. 4, par. 1.)
Meaning of constitutional convention

 A constitutional convention is a body assembled for the express purpose of framing a

Constitution, or revising the existing Constitution, or formulating amendments to it for the
approval of the electorate .

Constitution drafted by an appointive constitutional Commission

 the present Constitution was drafted by a Commission created under Article V of the
Provisional Constitution promulgated under proclamation No. 3 issued by the president on
March 25, 1986. Its members were appointed by the President pursuant to Proclamation No.
9 issued on April 23, 1986 “the law governing Constitutional Commission of 1986.”

Ratification by the people

 Ratification means the direct approval by the people of the amendment to, or revision of,
the Constitution valid as part thereof. This power of ratification upholds the principle that
“sovereignty resides in the people.” (Art. II Sec. 1.)