government are established, limited
and defined, and by which whose
CONSTITUTIONAL LAW II REVIEWER
(Cruz)
I. INTRODUCTION
CONSTITUTION
- The study of the maintenance of the
proper balance between authority
as represented by the three
inherent powers of the state and
liberty as guaranteed by the bill of
rights.
- The fundamental powers of the
state are: Police power, Power of
Eminent domain, and the power of
taxation.
- They have a common objective: Co-
existence.
- Their ultimate goal is the same: a
well- ordered society based on the
inviolability of rights which, although
may not be curtailed arbitrarily, may
nevertheless be regulated for the
common good.
II. THE NATURE OF THE
CONSTITUTION
- According to Cooley, a constitution
is “that body of rules and maxims in
accordance with which the powers
of the sovereignty are habitually
exercised.
- According to Justice Malcolm, it is
“the written instrument enacted by
direct action of the people by which
the fundamental powers of the
powers are distributed among the
several departments for their safe
and useful exercise for the benefit of
the body politic.
 PURPOSES
1) To prescribe the permanent
framework system of
government;
2) To assign to the several
departments their respective
powers and duties;
3) To establish certain fixed
principles on which government
is founded.
 Supremacy of the Constitution
- The constitution is the basic and
paramount law to which all other
laws must conform and to which all
persons, including the highest
officials of the land, must defer.
- The constitution must ever remain
supreme.
 Classification
1) Written or Unwritten
a. Written – one whose
precepts are embodied in
one document or set of
documents.
b. Unwritten – Consists of rules
which have not been
integrated into a single,
concrete form but are
scattered in various sources.
Ex. Judicial decisions,
commentaries of publicists,
 customs and traditions and
certain common law
principles.
2) Conventional or Commulative
a. Conventional – an enacted
constitution, formally struck
off at a definite time and
place.
b. Cumulative – Result of
political evolution, not
inaugurated at any specific
time but changing by
accretion rather than by any
systematic method.
3) Rigid or flexible
a. Rigid – One that can be
amended only by a
formal and usually
difficult process
b. Flexible – One that can
be changed by ordinary
legislation.
** The constitution of the
Philippines is written, conventional
and rigid.
 Essential Requisites of a Written
Constitution
- A good written constitution must be:
a. Broad – it is supposed to
embody the past, to reflect the
present and to anticipate the
future.
b. Brief – as to the bbasic principles
to be implemented with
legislative. Must ba adjustable
wo change and easier to amend.
c. Clear or definite – lest ambiguity
in its provisions result in
confusion and divisiveness
among the people, and perhaps
even physical conflict
 Essential Parts of a Written
Constitution
1) Constitution of liberty – consists
of series of prescription setting
forth the fundamental civil and
political rights of the citizens and
imposing powers on the powers
of the government as a means of
securing the enjoyment of those
rights.
(Articles III, II, IV, V, and XII)
2) Constitution of the government
– Outlines the organization of
the government; enumerates its
powers; lays down certain rules
relative to its administration;
and defining the electorate.
(Articles VI to XI)
3) Constitution of sovereignty –
consists of provisions pointing
out the mode or procedure in
accordance with which formal
changes in the fundamental law
may be brought about. (Article
XVII)
 Permanence of the Constitution
- One advantage of a written,
conventional and rigid constitution
is its permanence, or its capacity to
resist capricious or whimsical
change dictate not by legitimate
needs but only by passing fancies.
- Advantage - A constitution must be
Firm and immovable. Such
constitution is not likely to be easily
tampered with to suit political
expediency, personal ambitions or
ill-advised agitation for change.
- Disadvantage - where the written
constitution is unable to adjust to
the need for change justified by new
conditions and circumstances. Thus,
there is delay in effecting the
needed change and thus cause
irreparable injury to the public
interest.
 Interpretation
- The constitution, like statutory
enactments, should be read in
accordance with the usual rules on
interpretation and construction.
- In case of doubt, the constitution
should be considered self-executing
rather than non-self-executing;
mandatory rather than directory;
and prospective rather than
retrospective
 Amendment or Revision
*Iron rules – cannot be altered
except by final judgment.
a. Amendment – isolated or
piecemeal change
b. Revision – revamp or rewriting
of the whole instrument.
 Procedure
- Two steps are involved in the
amendment or revision:
1. PROPOSAL
- Made either: Directly by the
Congress (where there is a mere
amendment or change of particular
provisions only) ¾ of all members of
Congress in needed; or by the
Constitutional convention (where
there is overhaul of the entire
Constitution). The call for a
constitutional convention may be
made by a vote of 2/3 of all
members of the Congress.
- At any rate, whatever the nature of
the change contemplated, the
choice of the method of proposal is
discretionary upon legislature
(Occena vs. Commision on Elections)
- Third method of proposal: by the
people through initiative upon
petition of at least 12% of the total
number of registered voters, of
which every legislative district must
be represented by at least 3% of the
registered voters therein (Art. XVII,
Section II; RA 6735). Applies only to
amendments not revision of the
Constitution.
2. RATIFICATION
- Any amendment to or revision shall
be valid when ratified by a majority
of the votes cast in a plebiscite held
not earlier than 60days nor later
than 90days after the approval of
such change by the Congress or the
Constitutional Convention or after
the certification by the Commission
on Elections of the sufficiency of the
petition under Section 2.
- Proposals to amend the Constitution
must be ratified within a reasonable
 time after they are made because
they are intended to answer present
needs or correct current problems.
*JUDICIAL REVIEW OF
AMENDMENTS
- Question of the validity of the adoption of
amendments to the Constitution is subject
to judicial review.
- the amending process, both as to approval
and ratification raises a judicial question.
(Justice Martin)
III. THE CONSTITUTION AND THE
COURTS
- Judiciary occupies a vital and
indispensable part in our system of
government, for it is the ultimate
guardian of the Constitution.
 Voting (Article VIII, Section 4)
 Requisites of Judicial Inquiry:
1) There must be an actual case or
controversy;
2) The question of constitutionality
must be raised by the proper
party;
3) The constitutional question must
be raised at the earliest possible
Partial Unconstitutionality
time;
-Exceptions:
a. In criminal cases, the
constitutional question can be raised
at any time in the discretion of the
court;
b. In civil cases, the constitutional
question can be raised at any stage
if it is necessary to the
determination of the case itself.
c. In every case, except where there
is estoppel, the constitutional
question can be raised at any stage
if it involves the jurisdiction of the
case itself.
4) The decision of the
constitutional question must be
necessary to determination of
the case.
 Effects of Declaration of
Unconstitutionality
- Two views:
1. Orthodox view – An
unconstitutional act is not a law.
It confers no rights; it imposes
no duties; it affords no
protection; it creates no office; it
is, in legal contemplation,
inoperative, as if it had not been
passed.
2. Modern view – The court, in
passing legupon the question of
constitutionality does not annul
or repeal the statute if it finds it
in conflict with the Constitution.
It merely refuses to recognize it.
- Declaration of partial
unconstitutionality is valid only if
two conditions concur:
1. That the legislature is willing to
retain the valid portions even if
 the rest of the statute is 4. They all presuppose an equivalent
declared illegal; compensation for the private rights
2. That the valid portions can stand interfered with;
independently as a separate 5. They are exercised primarily by the
statute. legislature.
The legislative will to this effect may
be expressed in what is known as
 Differences
the separability clause.
1. The police power regulates both
liberty and property. The power of
eminent domain and the power of
IV. THE FUNDAMENTAL POWERS
taxation affect only property rights;
OF THE STATE
2. The police power and the power of
taxation may be exercised only by
1. The police power;
the government. The power of
- The power of the state to regulate
eminent domain may be exercised
liberty and property for the
by some private entities
promotion of the general welfare;
3. The property taken in the exercise of
the police power is destroyed
2. The power of eminent domain;
because it is noxious or intended for
- Enables the State to forcibly acquire
a noxious purpose. The property
private property, upon payment of
taken under the power of eminent
just compensation, for some
domain and the power of taxation is
intended public use.
intended for a public purpose and is
therefore wholesome.
3. The power of taxation
4. The compensation for the person
- The State is able to demand from
subjected to the police power is the
the members of the society their
intangible altruistic feeling that he
proportionate share or contribution
has contributed to the general
in the maintenance of the
welfare. While in the other powers,
government.
a full and fair equivalent of the
property expropriated or protection
 Similarities:
and public improvements for the
1. They are inherent in the State and
taxes paid.
may be exercised by it without need
of express constitutional grant;
V. THE POLICE POWER
2. They are not only necessary but
indispensable;
- Power of promoting the public
3. They are methods by which the
welfare by restraining and regulating
State interferes with private rights;
the use of liberty and property.
(Professor Freund)
- Regulates not only the property, but
more importantly, the liberty of
private persons, and virtually all the
people.
 Characteristics
- Most pervasive, least limitable and
most demanding.
- Police power is dynamic, not static,
and must move with the moving
society it is supposed to regulate.
- May sometimes use the taxing
power as an implement for the
attainment of a legitimate police
objective.
 Exercise of the Police Power
- Lodged primarily in the national
legislature. By virtue of a valid
delegation of legislative power, it
may also be exercised by the
President and administrative boards
as well as the lawmaking bodies on
all municipal levels, including
barangay.
 Tests to determine the validity of a
police measure
1. The interests of the public
generally, as distinguished from
those of the same class, require
the exercise of the police power.
(Lawful Subject);
2. The means employed are
reasonably necessary for the
accomplishment of the purpose
and not unduly oppressive upon
individuals.(Lawful means)
Private Property
VI. EMINENT DOMAIN
 Power of Expropriation
- “Highest and most exact idea of
property remaining in the
government”
- The government, by the use of its
coercive authority may, upon
payment of just compensation,
forcibly acquire the needed property
in order to devote it to the intended
public use.
Article III, Section IX – Private
property shall not be taken for
public use without payment of just
compensation (limitation not a
grant)
 Exercise of Eminent Domain
- Lodged primarily in Legislature, but
its exercise may validly be delegated
to other governmental entities –
private corporations (like quasi-
public corporations).
The following may exercise the
power of eminent domain:
1. The Congress;
2. The President of the Philippines;
3. The various local legislative
bodies;
4. Certain public corporations, like
the Land Authority and the
National Housing Authority;
5. Quasi-public corporations like
the Philippine National Railways,
The Philippine Long Distance
Telephone Co. and the Meralco.
 - Anything that can come under the
dominion of a man is subject to
expropriation. Real or personal;
tangible or intangible.
Exception: Money and choses of
action. Personal right not reduced
into possession but recoverable by a
suit at law.
Taking
- Imports a physical dispossession by
the owner. May include;
1. Trespass without actual eviction
of the owner;
2. Material impairment of the value
of property;
3. Prevention of the ordinary uses
for which the property was
intended.
 Requisites of taking in Eminent
Domain:
1. The expropriator must enter a
private property;
2. The entry must be for more than a
momentary period;
3. The entry must be under warrant or
color of legal authority;
4. The property must be devoted to
public use or otherwise informally
appropriated or injuriously affected;
5. The utilization of the property for
public use must be in such a way as
to oust the owner and deprive him
of beneficial enjoyment of the
property.
 Expropriator can enter only the
subject property after expropriation
proceedings commenced and
deposit required by law is duly
made.
VII. TAXATION
- “Taxes are the enforced
proportional contributions from
persons and property, levied by the
State by virtue of its sovereignty, for
the support of government and for
all public needs”
- Obligation to pay taxes is not based
on contract. It is a duty imposed
upon the individual as a member in
the body politic and his enjoyment
of benefits available from such
membership. Thus, non-payment
may result to criminal prosecution
and punishment.
 Scope
- Power to tax is so pervasive that it
reaches even the citizen abroad.
- It may also include the power to
destroy if one is noxious or intended
for noxious purpose.
 Exercise of Taxation
- Inherent in the State (re LGUs –
Article X, Section 5)
- What to tax, whom or what to tax ,
for what subject, to the discretion of
the court.
 Due Process and Taxation
- Taxation is subject to the
requirements of due process. Taxes
will not be allowed if they are
 confiscatory, except where they are  Tax Exemptions
intended precisely for the - Either constitutional or statutory.
destruction as instrumentation of
Article VI, Section 28(3)
the police power.
- Taxpayer is entitled to be notified of - Exemptions are granted to religious
the assessment proceedings and to and charitable institutions because
be heard on the correct valuation to they give considerable assistance to
be given on the property. the State in the improvement of the
 Equal Protection and Taxation morality of the people and the care
- “The rule of taxation shall be of the indigent and the
uniform and equitable.” handicapped. These are ministrant
- Uniformity in taxation means that functions.
persons or things belonging to the
same class shall be taxed at the
same rate.
- Equality in Taxation means that tax
shall be “strictly proportional to the
relative value of the property”
- Equitable Taxation connotes that
taxes should be apportioned among
the people according to their
capacity to pay.

 Double Taxation
- ”Power to tax twice is as ample as to
tax once.”
- When additional taxes are laid on
the same subject by the same taxing
jurisdiction during the same taxable
period for the same purpose.

 Public Purpose
- Tax proceeds shall be devoted to
public use. However, it could also be
used for private purposes/persons.
An example would be pensions paid
to veterans, unemployment relief,
support for the handicapped, to
name a few.

VIII. THE JUDICIAL DEPARTMENT
 Sec. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to
settle justiciable controversies or
disputes involving rights that are
enforceable and demandable before
the courts of justice or the redress of
wrongs for violations of such rights.
2. Vested in the Supreme Court and
such lower courts as may be
established by law.
3. Since the courts are given ‘judicial
power’ and nothing more, courts may
neither attempt to assume or be
compelled to perform non-judicial
functions. They may not be charged
with administrative functions except
when reasonably incidental to the
fulfillment of their duties.
4. In order that courts may exercise
this power, there must exist the
following:
1. An actual controversy with legally
demandable and enforceable
rights;
2. Involving real parties in interest;
3. The exercise of such power will
bind the parties by virtue of the
court’s application of existing
laws.
5. Judicial power cannot be exercised
in vacuum. Without any laws from
which rights arise and which are
violated, there can be no recourse to
the courts.
6. The courts cannot be asked for
advisory opinions.
7. Judicial power includes:
1. The duty of the courts to settle
actual controversies involving
rights which are legally
demandable and enforceable; and
1. To determine whether or not
there has been a grave abuse of
discretion amounting to lack or
excess of jurisdiction on the part
of any branch or instrumentality
of the government.
What is a Political Question
1. A ‘political question’ is one the
resolution of which has been vested by
the Constitution exclusively in either
the people, in the exercise of their
sovereign capacity, or in which full
discretionary authority has been
delegated to a co-equal branch of the
Government.
2. Thus, while courts can determine
questions of legality with respect to
governmental action, they cannot
review government policy and the
wisdom thereof, for these questions
have been vested by the Constitution in
the Executive and Legislative
Departments.
 Sec. 2 ROLES OF CONGRESS
1. Defining enforceable and
demandable rights and prescribing
remedies for violations of such rights;
and
2. Determining the court with
jurisdiction to hear and decide
controversies or disputes arising from
legal rights.
3. Thus, Congress has the power to
define, prescribe and apportion the
jurisdiction of various courts.
1. BUT, Congress cannot deprive the
Supreme Court of its jurisdiction
over cases provided for in the
Constitution.
2. Creation and abolition of courts:
1. The power to create courts
implies the power to abolish
and even re-organize courts.
2. BUT this power cannot be
exercised in a manner which
would undermine the
security of tenure of the
judiciary.
3. If the abolition/re-
organization is done in good
faith and not for political or
personal reasons, then it is
VALID. (same rule applies
for civil servants)
 Sec. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy
fiscal autonomy.
2. Annual appropriations for the
judiciary cannot be reduced
below the amount appropriated
for the previous year.
3. Once approved, appropriations
shall be automatically and
regularly released.
 Secs. 4-7 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court
and of other courts established by law
shall not be designated to any agency
performing quasi-judicial or
administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the
Philippines
2. At least 40 years old
3. At least 15 years of experience as a
judge or in the practice of law in the
Philippines
4. Person of proven competence,
integrity, probity and independence.

 Section 8. JUDICIAL AND BAR
COUNCIL
1. The Judicial and Bar Council is
under the supervision of the SC.
A. Is under the supervision of the
Supreme Court and is composed of:
1. Chief Justice, as ex-officio
chairman
2. Secretary of Justice, as an ex-
officio member
3. Representative of Congress, as an
ex-officio member
4. Representative of the Integrated
Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
The last four re the regular members
of the JBC. Regular members are
appointed by the President with CA
approval. Regular members serve for 4
years, with staggered terms.
Functions of JBC
1. Principal function: recommend
appointees to the Judiciary
2. Exercise such other functions as
the SC may assign to it.
Appointments to the Judiciary
1. President shall appoint from a list
of at least 3 nominees for each
vacancy, as prepared by the JBC.
2. No CA confirmation is needed for
appointments to the Judiciary.
3. Vacancies in SC should be filled
within 90 days from the
occurrence of the vacancy.
4. Vacancies in lower courts should
be filled within 90 days from
submission to the President of the
JBC list.
 Sec. 10. SALARIES
1. Salaries of SC Justices and judges of
lower courts shall be fixed by law.
2. Cannot be decreased during their
continuance in office, but can be
increased.
3. Members of the Judiciary are NOT
exempt from payment of income tax.
 Sec. 11. TENURE/DISCIPLINARY
POWERS OF SC
1. Members of the SC and judges of
the lower courts hold office during
good behavior until
a. The age of 70 years old; or
b. They become incapacitated to
discharge their duties.
2. Disciplinary action against judges of
lower courts:
a. Only the SC en banc has jurisdiction
to discipline or dismiss judges of lower
courts.
b. Disciplinary
action/dismissal: Majority vote of SC
Justices who took part in the
deliberations and voted therein.
Powers of the SC
Removal of SC Justices: 1. SC has ORIGINAL jurisdiction over

a. Only by IMPEACHMENT. a. Cases affecting ambassadors, other

public ministers and consuls.
b. Cannot be disbarred while they hold
office. Note: This refers to foreign
ambassadors, etc., stationed in the
Philippines.
 Secs. 4-6, 13. THE SUPREME
COURT b. Petitions for certiorari, prohibiton,
mandamus, quo warranto, and habeas
Hearing of cases: corpus.
1. En banc; or
2. Divisions of 3, 5, or 7. 2. SC has APPELLATE jurisdiction over
final judgments and orders in the
Cases required to be heard en banc: following:

1. All cases involving constitutionality a. All cases involving the

of a/an: constitutionality or validity of any

a. Treaty 1. treaty
2. international or executive
b. International or executive agreement
agreement or 3. law
4. presidential decree
c. Law. 5. proclamation
6. order
2. All cases required to be heard en 7. instruction
banc under the Rules of Court: 8. ordinance, or
9. regulation;

b. All cases involving the legality of

Cases heard by division any
1. Must be decided with the
concurrence of a majority of the 1. tax
2. impost
members who took part in the
3. assessment or
deliberations and voted thereon.
4. toll or
2. Majority vote in a division should be 5. any penalty imposed in relation
thereto;
at least 3 members.
c. All cases in which the jurisdiction
of any lower court is in issue
d. Criminal cases where the penalty
imposed is reclusion perpetua or
higher; and
e. All cases where ONLY errors or
questions of law are involved.
3. Temporarily assign lower court
judges to other stations in the public
interest.
Temporary assignment shall not
exceed 6 months without the consent
of the judge concerned.
4. Order a change of venue or place of
trial to avoid a miscarriage of justice.
5. Promulgate rules concerning:
a. The protection and enforcement of
constitutional rights;
b. Pleading, practice and procedure in
all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the
underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and
inexpensive procedure for the speedy
disposition of cases.
b. It should be uniform for all courts of
the same grade.
c. It should not diminish, increase, or
modify substantive rights.
6. Appoint ALL officials and employees
of the Judiciary, in accordance with
Civil Service Law.
7. Exercise administrative supervision
over ALL courts and the personnel
thereof.
Decisions of the Supreme Court:
1. Reached in consultation before being
assigned to a member for the writing of
the opinion.
2. A certification to this effect must be
signed by the Chief Justice and
attached to the record of the case and
served upon the parties.
3. Members of the SC who took no part,
or who dissented or abstained must
state the reasons therefore.
Note: This procedure shall also be
observed by all lower collegiate courts
(CA, CTA, and the Sandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the
SC to declare a law, treaty, ordinance
etc. unconstitutional.
2. Lower courts may also exercise the
power of judicial review, subject to the
appellate jurisdiction of the SC.
3. Only SC decisions are precedent, 1. Decisions MUST state clearly and
and thus, only SC decisions are binding distinctly the facts and the law on
on all. which it is based.

Requisites Code: [A R S Co R] 2. Refusal to give due course to

1. An ACTUAL CASE calling for the petitions for review and motions for
exercise of judicial power reconsideration must state the legal
2. The question involved must be RIPE basis for such refusal.
FOR ADJUDICATION, i.e. the
government act must have had an 3. Memorandum decisions, where the
adverse effect on the person appellate court adopts the findings of
challenging it. fact and law of the lower court, are
3. The person challenging the allowed as long as the decision adopted
governmental act must have by reference is attached to the
‘STANDING’, i.e. a personal and Memorandum for easy reference.
substantial interest in the case such
4. These rules only apply to
that he has sustained, or will sustain,
courts. They do not apply to quasi-
direct injury as a result of its
judicial or administrative bodies or to
enforcement.
military tribunals.
4. The question of Constitutionality
must be raised in the first instance, or
at the earliest opportunity. ARTICLE X: LOCAL GOVERNMENT
5. Resolution of the issue of
constitutionality is unavoidable or is Section 1. TERRITORIAL/POLITICAL
the very lis mota. SUBDIVISIONS OF THE REPUBLIC OF
Effect of a declaration of THE PHILIPPINES ARE THE:
unconstitutionality: Composition:
1. Prior to the declaration that a 1) Provinces
particular law is unconstitutional, it is
considered as an ‘operative fact’ which 2) Cities;
at that time had to be complied with.
3) Municipalities; and
2. Thus, vested rights may have been
acquired under such law before it was 4) Barangays
declared unconstitutional.
There shall be Autonomous regions
3. These rights are not prejudiced by in:
the subsequent declaration that the
1) Muslim Mindanao, and
law is unconstitutional.

Sec. 14. DECISIONS

2) Cordileras [At present, it is only and functions and duties of local
the Cordilera ADMINISTRATIVE region] officials, and all other matters
relating to the organization and
Note: 1) A third autonomous regions operation of the local units.
would require a constiutional
amendment.

2) These political subdivisions, created Section 4. PRESIDENTIAL

by the Constitution cannot be replaced SUPERVISION OF LGUS
by AMENDMENT, and not by law. Supervision of President

3) While Congress can abolish or 1) The President exercises general

eradicate individual units, it cannot supervision over all LGUs
abolish an entire class of LGU’s
2) The President exercises DIRECT
Section 2. Local Autonomy supervision over

1) All political subdivisions shall 1. Provinces

enjoy local autonomy 2. Autonomous regions and
3. Independent cities.
2) This does not mean that the
LGU’s are completely free from the 3) This power is limited to ensuring
central government. that lower officers exercise their
functions in accordance with law.
1. Judiciary may still pass on LGU
actions 4) The president cannot substitute
2. President may exercise his judgment for that of an LGU official
disciplinary power over LGU unless the latter is acting contrary to
officials. law.

Sec. 3. Congress shall enact a local 5) The President may, however,

government code which shall provide impose administrative sanctions against
for a more responsive and LGU officials, such as suspension for
accountable local government 120 days, and may even remove them
structure instituted through a system from their posts, in accordance with
of decentralization with effective law.
mechanisms of recall, initiative, and
referendum, allocate among the 6) Provinces exercise direct
different local government units their supervision over component cities and
powers, responsibilities, and municipalities.
resources, and provide for the
qualifications, election, appointment
and removal, term, salaries, powers
7) Cities and municipalities exercise
direct supervision over component
barangays.
Section 5. EACH LOCAL GOVERNMENT
SHALL HAVE THE POWER TO CREATE
OWN SOURCES OF REVENUE/LEVY
TAXES, FEES AND CHARGES ETC.
Limitations on Power
1) It is subject to such guidelines
and limitations as Congress may
provide. See Local Government Code
for examples.
2) The guidelines set by Congress
should be consistent with the basic
policy of local autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall
accrue exclusively to the local
governments.
Section 6. LGUs SHALL HAVE A JUST
SHARE IN NATIONAL TAXES, AS
DETERMINED BY LAW, WHICH SHALL BE
AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)
1) Share of LGUs in national taxes is
limited to the internal revenue taxes.
2) The share of each LGU should be
released, without need of any further
action, directly to the provincial, city,
municipal or barangay
treasurer. Release is made on a
quarterly basis within 5 days after the
end of each quarter.
3) The share of each LGU should not
be subject to any lien or holdback that
may be imposed by the national
government for whatever purpose.
4) Each LGU should appropriate in
its annual budget at least 20% of its
annual IRA for development projects.
5) Adjustments in IRA
1. Ground: Unmanageable public
section deficit
2. President can make the necessary
adjustments in the IRA upon the
recommendation of the following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6) IRA considered for purposes of
conversion from one political
subdivision to the next. (Alvarez v.
Guingona)
Section 7. SHARE OF LGUS IN
NATIONAL WEALTH
Share of LGUs in national wealth
1) LGUs are entitled to an equitable
share in the proceeds of the utilization
and development of the national
wealth within their respective areas in
the manner provided by law.
2) This includes share the same with
the inhabitants by way of direct
benefits.
Under the LGC
1) LGUs have a share of 40% of the
gross collection derived by the national
government from the preceding fiscal 3) Third sector (can choose from
year from any of the following)

1.
Mining taxes A) Urban poor
2.
Royalties
3.
Forestry and fishery charges B) Indigenous cultural communities
4.
Other taxes, fees and charges
5.
Share in any co-production, joint C) Disabled persons
venture or production sharing
agreement in the utilization and D) Any other sector as may be
development of the national determined by the sanggunian
wealth w/in their territorial
jurisdiction Election of Sector Representatives
Sec. 8. TERM OF OFFICE Sec. 10. Creation, abolition and
Term of Office division of LGU’s
1) Requisites
Elective local officials, now including 1. Compliance with the
barangay officials have a term of 3 requirements of the Local
years. Government Code; and
2. Approved by a majority of the
Limitations: votes cast in a plebiscite held in
the political units DIRECTLY
1) No elective official shall serve for affected.
more than 3 consecutive terms
2) Thus, a province is supposed to
2) Voluntary renunciation of office be divided into 2 separate provinces,
for any length of time shall not be plebiscite will include voters of the
considered as an interruption in the ENTIRE province, and not just the area
continuity of his service for the full to comprise the new province.
term for which he was elected.
3) LGC requirements relate to
Sec. 9. SECTORAL REPRESENTATION IN matters such as population, revenue,
LGUS and area requirements.
Legislative bodies of the local
governments shall have Sectoral Sec. 11. Metropolitan political
Representation (under the LGC) as subdivisions
may be provided by law Creation:

There should be representatives from: 1) Congress may create special

metropolitan political subdivisions by
1) The women’s sector law.

2) The workers 2) It is subject to a plebiscite

Jurisdiction of Metropolitan authority
It is limited to basic services requiring
coordination.
Basic Autonomy of Component Cities
and Municipalities
1) The component cities and
municipalities retain their basic
autonomy
2) They shall be entitled to their
own local executive and legislative
assemblies.
Sec. 12. CITIES
Classification of Cities:
1) Highly urbanized (as determined
by law)
2) Component cities (cities still
under provincial control); and
3) Independent component cities
(non-highly urbanized cities whose
voters are prohibited by thecity charter
from voting in provincial elections)
Independence from the Province
1) Highly urbanized cities and
independent component cities are
independent of the province.
2) Component cities whose charter
contain no such prohibition are still
under the control of the province and
its voters may still vote for elective
provincial officials.
Section 13. Coordination among LGUS
Consolidation and Coordination of
Efforts, Services and Resources
1) It is optional on the part of LGUs
as shown by the use of the word “may”
2) It can be done for purposes
commonly beneficial to them in
accordance with the law.
Under LGC (Section 33)
1) Consolidation and coordination
may be done through appropriate
ordinances.
2) A public hearing should be
conducted and the approval of the
sanggunian obtained.
3) An LGU can:
1. Contribute funds, real estate,
equipment and other kinds of
property
2. Appoint/assign personnel under
such terms and conditions as may
be agreed upon by the
participating LGUs through
Memoranda of Agreement.
Section 14. REGIONAL DEVELOPMENT
COUNCILS
Who can provide for RDC
The President shall provide for RDC or
other similar bodies composed of:
Composition
1) Local government officials
2) Regional heads of departments plebiscite held among the constituent
and other government offices units.

3) Representatives of NGOS within 3) Only those Provinces, Cities, and

the regions Geographical Areas voting favorably in
such plebiscite shall form part of the
For Purpose of autonomous region.
1) Administrative decentralization 4) If only 1 province approved the
law, NO AUTONOMOUS REGION created,
2) To strengthen local autonomy
since the constitution requires more
3) To accelerate the economic and than one province to constitute one
social growth and development of the (like what happened in the Cordillera
units in the region plebiscite)

Section 15. AUTONOMOUS REGIONS 5) The question of which LGU’s shall

Where: constitute an autonomous region is one
which is exclusively for Congress to
1) Muslim Mindanao decide.

2) Cordillera region Section 16. GENERAL SUPERVISION

OVER AUTONOMOUS REGIONS
Factors:
By Whom:
1) Historical heritage
The President
2) Cultural heritage
Purpose:
3) Economic and social structures,
To ensure that the laws are faithfully
4) Other relevant characteristics executed.
within:
Sec. 17. All powers, functions and
1. The framework of the responsibilities not granted by this
consititution Constitution or by law to the
2. National sovereignty autonomous region shall be vested in
3. Territorial integrity. the National Government.
Creation: Examples: 1) Foreign relations,

1) Provided by law. 2) National defense and Security

2) EFFECTIVITY of such creation 3) Monetary Affairs

occurs only when it is approved by a
majority of the votes cast in a
Section 20. LEGISLATIVE POWERS It shall be the responsibility of the local
The Organic Act of Autonomous police agencies.
Region shall provide for legislative Defense and Security: It shall be the
powers over: responsibility of the national
government.
1) Administrative organization;

2) Creation of sources of revenues;

3) Ancestral domain and natural

resources

4) Personal, family and property

relations

5) Regional, urban, and rural

planning development;

6) Economic, social, and tourism

development;

7) Educational policies;
ARTICLE XI: ACCOUNTABILITY OF
8) Preservation and development of PUBLIC OFFICERS
the cultural heritage; and
Section 1: PUBLIC OFFICE AS A PUBLIC
9) Such other matters as may be TRUST
authorized by law for the promotion of Public officers and employees must at
the general welfare of the people of all times be accountable to the
the region. people, serve them with utmost
responsibility, integrity, loyalty and
Limitations: efficiency, act with patriotism and
justice and lead modest lives.
1) Subject to the provisions of the
Constitution and national laws
Section 2: IMPEACHMENT/REMOVAL
2) To be exercised within its FROM OFFICE
territorial jurisdiction Impeachment: (as means of removal
from office)
Section 21. PRESERVATION OF PEACE 1. Who may be impeached:
AND ORDER/DEFENSE AND SECURITY – President
Peace and Order – VP
– SC Justices
– Constitutional Commission members
– Ombudsman
2. Grounds
– Culpable violation of the Constitution
– treason
– bribery
– graft and corruption
– other high crimes or
– betrayal of public trust
Note: It is an exclusive list. Congress
cannot, by law, add to the list of
impeachable offenses.
1. These officers cannot be charged
in court with offenses that have
removal from office as penalty.
2. The President cannot be charged
with murder.
3. A SC Justice cannot be disbarred
because this would disqualify him
from his position.
4. BUT AFTER an official has been
impeached, he can be charged
with the appropriate offense.
5. Resignation by an impeachable
official does not place him
beyond the reach of impeachment
proceedings; he can still be
impeached
All Other Public Officers and
Employees
1. They may be removed from office as
provided by law
2. BUT: NOT by impeachment
Section 3: PROCEDURE FOR
IMPEACHMENT
Exclusive Power of House of
Representatives
The House of Representatives has
exclusive power to INITIATE all cases of
impeachment.
Procedure:
1. Filling of verified complaint
1. Can be filed by:
1. Any member of the House of
Representatives or
2. Any citizen upon a resolution of
endorsement by any Member of
the House or
3. By at least 1/3 of all the Members
of the House of Representatives
2.) Inclusion of complaint in the order
of business with 10 session days
3.) Referral to proper Committee
within 3 session days thereafter
4.) Submission of Committee report to
the House together with corresponding
resolution
1. There should be a hearing
2. There should be a majority vote
of the members
3. The report should be submitted
within 60 days from referral,
after hearing, and by a majority
vote of ALL its members.
5.) Calendaring of resolution for
consideration by the House
Should be done within 10 session days
from receipt thereof
6.) Vote of at least 1/3 of all Members
of the House necessary to:
 1. Affirm a favorable resolution with Sections 5-6, 8-14: OFFICE OF THE
the Articles of Impeachment of OMBUDSMAN
the Committee or Composition:
2. To override its contrary resolution
1.) Ombudsman/Tanodbayan
Note: If the verified complaint or
resolution of impeachment was filed by 2.) Overall deputy
at least 1/3 of all the Members of the
House, it shall constitute the Articles of 3.) At least one Deputy each
Impeachment. Trial in the Senate shall for Luzon, Visayas and Mindanao
proceed.
4.) Deputy for military
7.) Trial in the Senate establishment may be appointed

1. Senate has the sole power to try Qualifications: (Ombudsman and his
and decide all cases of deputies)
impeachment
2. For this purpose, the Senators 1.) Natural born citizen of the
shall be under oath or affirmation Philippines
3. When the President of the
Philippines is on trial, the CJ of 2.) At least 40 years old at time of
the Supreme Court appointment
presides. However, he/she will
not vote. 3.) Of recognized probity and
independence
8.) Judgment of Conviction
4.) Member of the Philippine bar
This requires the concurrence of 2/3 of
all the Members of the Senate 5.) Must not have been candidate for
any elective office in the immediately
9.) Effect of the Impeachment preceding election

1. Removal from office of the 6.) For Ombudsman: He must have

official concerned
2. Disqualification to hold any office
under the Republic of the
Philippines
3. Officer still liable to prosecution,
trial, and punishment if the
impeachable offense committed
also constitutes a felony or crime.
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
been for ten years or more
1. A judge or
2. Engage in the practice of law in
the Philippines
Disqualifications/Prohibitions (under
Article IX, Section 2)
1.) Cannot hold any other office or
employment during his tenure
2.) Cannot engage in the practice of
any profession or in the active
management or control of any business
which may be affected by the functions
of his office
3.) Cannot be financially interested,
directly or indirectly, in any contract
with or in any franchise or privilege
granted by the Government, any of its
subdivisions, agencies or
instrumentalities, including GOCCs or
their subsidiaries.
Appointment
1. Of Ombudsman and deputies
1. By the president from a list of at
least 6 nominees prepared by the
Judicial and Bar Council.
Vacancies will be filled from a list
of 3 nominees
2. Appointments do NOT require
confirmation
3. All vacancies shall be filled within
3 months after they occur.
2. Of other officials and employees of
the Office of the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service
Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2. They are NOT qualified to run for
any office in the election immediately
succeeding their cessation from office
Rank/Salaries:
1. The Ombudsman has the rank of
Chairman of a Constitutional
Commission
2. The Members have the rank of
members of a Constitutional
Commission
3. Their salaries cannot be decreased
during their term of office.
Powers, Functions and Duties of the
Office of the Ombudsman
1. Investigate on its own, or on
complaint by any person, any act or
omission of any public official,
employee, office or agency, when such
act or omission appears to be illegal,
unjust, improper, or inefficient.
1. The SC held that the power to
investigate and prosecute cases
involving public officers and
employees has been transferred
to the Ombudsman.
2. The Ombudsman may always
delegate his power to investigate.
3. The power to investigate includes
the power to impose preventive
suspension.
4. This preventive suspension is not
a penalty.
5. “INVESTIGATE” does not mean
preliminary investigation.
6. The complaint need not be drawn
up in the usual form.
7. The “ILLEGAL” act or omission
need not be in connection with
the duties of the public officer or
employee concerned.
8. ANY illegal act may be
investigated by the
Ombudsman. In this regard, the
Ombudsman’s jurisdiction is
CONCURRENT with that of the
regular prosecutors.
2. Direct, upon complaint or at its own
instance, any public official or
employee of the government, or any
subdivision, agency or instrumentality
thereof, as well as of any government-
owned or controlled corporation with
original charter, to perform and
expedite any act of duty required by
law, or to stop, prevent, and correct
any abuse or impropriety in the
performance of duties.
1. The Ombudsman has PERSUASIVE
POWER, and may require that
proper legal steps are taken by
the officers concerned.
2. The public official or employee
must be employed in:
(I). The Government
(II). Any subdivision, agency, or
instrumentality thereof; or
(III). GOCC’s with original charters
1. The SC has held that the SP may
prosecute before the
Sandiganbayan judges accused of
graft and corruption, even if they
are under the Supreme Court.
3.) Direct the officer concerned to
take the appropriate action against a
public official or employee at fault,
and recommend his removal,
suspension, demotion, fine, censure, or
prosecution, and ensure compliance
therewith.
1. The Ombudsman does NOT
himself prosecute cases against
public officers or employees.
2. Final say to prosecute still rests in
the executive department.
3. The Ombudsman or Tanodbayan
may use mandamus to compel the
fiscal to prosecute.
4.) Direct the officer concerned, in any
appropriate case, and subject to such
limitations as may be provided by law
to furnish it with copies of documents
relating to contracts or transactions
entered into by his office involving the
disbursement or use of public funds of
properties, and report any irregularity
to COA for appropriate action.
5.) Request any government agency for
assistance and information necessary in
the discharge of its responsibilities, and
to examine, if necessary, pertinent
records and documents.
6.) Public matters covered by its
investigation when circumstances so
warrant and with due process.
7.) Determine the cause of
inefficiency, red tape,
mismanagement, fraud and corruption
in the government and make
recommendations for their elimination
and the observance of high standards of
ethics and efficiency
8.) Promulgate its rules of procedure
and exercise such other powers or
perform such functions or duties as may
be provided by law.
Note: The Office of the Ombudsman
also has the duty to act promptly on
complaints filed in any form or manner
against public officials or employees of
the government, or any subdivision,
agency or instrumentality including
GOCCs and their subsidiaries. In
appropriate cases, it should notify the
complainants of the action taken and
the result thereof.
Fiscal Autonomy
The Office of the Ombudsman enjoys
fiscal autonomy. Its approved annual
appropriations should be automatically
and regularly released.
Section 7: OFFICE OF THE SPECIAL
PROCECUTOR
1.) The right of the State to recover
properties unlawfully acquired by
public officials and employees from
them or from their nominees or
transferees shall NOT be barred by
prescription, laches or estoppel.
2.) Their right to prosecute criminally
these officials and employees may
prescribe.
Section 16: PROHIBITION ON CERTAIN
FINANCIAL TRANSACTIONS
Coverage:
This prohibition applies to:

1. Under the 1987 Constitution, the 1.) President

existing Tanodbayan became the Office
2.) Vice-President
of the Special Prosecutor
3.) Members of the Cabinet
2. Powers
4.) Members of Congress
1. It will continue to function and
exercise its powers as now or
5.) Members of Supreme Court
hereafter may be provided by law
2. Exception: Powers conferred on 6.) Members of Constitutional
the Office of the Ombudsman
Commissions
3. The Office of the Special Prosecutor
7.) Ombudsman
is subordinate to and acts under the
orders of the Ombudsman 8.) Any firm or entity in which they
have controlling interest
Note: According to Jack, the SC was
wrong because the ConCom intended When prohibition applies:
that the SP was to prosecute anti-
graft cases. Prohibition applies during their
TENURE.
Section 15: RECOVERY OF ILL-
GOTTEN WEALTH Scope of prohibition:

Prescription, Laches, Estoppel

1.) The above mentioned officials 5.) Justices of the Supreme Court
cannot obtain, directly or indirectly for
BUSINESS PURPOSES: 6.) Members of Constitutional
Commissions
1. Loans
2. Guarantees 7.) Other constitutional offices
3. Other forms of financial
accommodation 8.) Officers of the armed forces with
general or flag rank
From:
Section 18: Allegiance of public
1. Government owned or controlled officers and employees
banks; or Allegiance to the State and to the
2. Government owned or controlled Constitution
financial institutions. Change in Citizenship/Immigrant
Status
2.) If the loan, etc, is NOT for
business purpose, e.g. a housing loan, 1.) Incumbent public officers and
the prohibition does not apply. employees who seek either:
Section 17: Statements of assets, 1. Change his citizenship; or
liabilities and net worth 2. Acquire immigrant status in
When submitted: another country

Public officer and employee shall Shall be dealt with by law.

submit a declaration under oath of his
assets, liabilities and net worth upon 2.) If Philippine citizenship is one of
assumption of office and as often as the qualifications to the office, the loss
required under the law. of such citizenship means the loss of
the office by the incumbent.
When declaration shall be disclosed to
the public: 3.) The Election Code provides the
rules with respect to non-incumbents,
These declarations shall be disclosed to i.e. persons running for elective
the public in a manner provided by law offices.
in the case of:
1. The Code provides that
1.) President permanent residents of or
immigrant to a foreign country
2.) Vice-President cannot file certificates of
candidacy unless they expressly
3.) Members of the Cabinet waive their status as such

4.) Members of Congress

This renunciation must be some other
than, and prior to, the filling of the
certificate of candidacy.
ARTICLE XII – NATIONAL ECONOMY
AND PATRIMONY
Sec. 1. GOALS OF THE NATIONAL
ECONOMY
Three-fold goal:
1. More equitable distribution of
opportunities, income and wealth;
2. Sustained increase in the amount of
goods and services produced by the
nation for the benefit of the people;
and
3. Expanding productivity, as the key
to raising the quality of life for all.
The State shall promote
industrialization and full employment
1. It should be based on sound
agricultural development and agrarian
reform
2. It should be through industries that
make full and efficient use of human
and natural resources. Industries
should also be competitive in both
domestic and foreign markets.
Protection of Filipino enterprises
The State shall protect Filipino
enterprises against unfair foreign
competition and trade practices.
Role of Private Enterprises
Private enterprises, including
corporations, cooperatives, and similar
collective organizations, shall be
encouraged to broaden the base of
their ownership
Section 2. REGALIAN DOCTRINE
Distinction between Imperium and
Dominium.
1. Imperium; Government authority
possessed by the State which is
appropriately embraced in sovereignty.
2. Dominium
1. The capacity of the State to own
and acquire property.
2. It refers to lands held by the
government in a proprietary
character: can provide for the
exploitation and use of lands and
other natural resources.
Scope:
The following are owned by the State:
1. Lands of the public domain:
Waters
Minerals, coals, petroleum, and other
mineral oils;
All sources of potential energy;
Fisheries; B. Under terms and conditions as may
be provided by law.
Forests or timber;
4. In case of water rights/water
Wildlife; supply/fisheries/industrial uses other
than the development of water power
Flora and fauna; and
The beneficial use may be the measure
Other natural resources.
and limit of the grant.
Alienation of Natural Resources
Small-scale Utilization of Natural
1. General Rule: All natural resources Resources
CANNOT be alienated
1. Congress may, by law, authorize
2. Exception: Agricultural lands small-scale utilization of natural
resources by Filipino citizens
Exploration, Development and
Utilization of Natural Resources 2. Congress may also authorize
cooperative fish farming with priority
1. Shall be under the full control and given to subsistence fishermen and
supervision of the State fishworkers in the rivers, lakes, bays
and lagoons.
2. Means
Large-Scale Exploration, Development
A. The state may DIRECTLY and Utilization of
UNDERTAKE such activities Minerals/Petroleum/Other Mineral Oils

B. The state may enter into CO- 1. The President may enter into
PRODUCTION, JOINT VENTURE OR agreements with foreign owned
PRODUCTION-SHARING arrangements corporations involving technical or
with financial assistance for large-scale
exploration etc. of minerals,
1. Filipino citizen or
petroleum, and other mineral
2. Corporation or association at least
60% of whose capital is owned by oils. These agreements should be in
such citizens accordance with the general terms and
conditions provided by law.
3. Limitations:
2. They should be based on the real
A. Period: It should not exceed 25 contributions to economic growth and
years, renewable for not more than 25 general welfare of the country.
years
3. In the agreements, the State should
promote the development and use of
local scientific and technical resources.
4. The President should notify
Congress of every contract under this
provision within 30 days from its
execution.
5. Management and service contracts
are not allowed under this rule.
Protection of Marine Wealth
1. The State shall protect its marine
wealth in its
Archipelagic waters
Territorial sea &
EEZ
2. The State shall reserve its use and
enjoyment exclusively to Filipino
citizens.
Section 3. LANDS OF THE PUBLIC
DOMAIN ARE CLASSIFIED INTO
1. Agricultural
2. Forest/timber
3. Mineral lands &
4. National Parks
Note:
1. Classification of public lands is an
exclusive prerogative of the Executive
Department through the Office of the
President, upon recommendation by
the DENR.
2. Classification is descriptive of the
legal nature of the land and NOT what
it looks like. Thus, the fact that forest
land is denuded does not mean it is no
longer forest land.
Alienable lands of public domain
1. Only agricultural lands are
alienable.
2. Agricultural lands may be further
classified by law according to the uses
to which they may be devoted.
Limitations regarding Alienable Lands
of the Public Domain
1. For private corporations or
associations
A. They can only hold alienable lands
of the public domain BY LEASE
B. Period: Cannot exceed 25
years, renewable for not more than 25
years
C. Area: Lease cannot exceed 1,000
hectares
Note: A corporation sole is treated
like other private corporations for the
purpose of acquiring public lands.
2. For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12
hectares by purchase, homestead or
grant.
Taking into account the requirements
of conservation, ecology and
development, and subject to the
requirements of agrarian reform,
Congress shall determine by law the
size of the lands of the public domain
which may be acquired, developed,
held or lease and the conditions
therefore.
Means by Which Lands of the Public
Domain Become Private Land
1. Acquired from government by
purchase or grant;
2. Uninterrupted possession by the
occupant and his predecessors-in-
interest since time immemorial; and
3. Open, exclusive, and undisputed
possession of ALIENABLE (agricultural)
public land for a period of 30 years.
A. Upon completion of the requisite
period, the land becomes private
property ipso jure without need of any
judicial or other sanction.
B. Here, in possession since time
immemorial, presumption is that the
land was never part of public domain.
C. In computing 30 years, start from
when land was converted to alienable
land, not when it was still forest land
D. Presumption is that land belongs to
the State.
Section 4. Congress shall, as soon as
possible, determine by law, the
specific limits of forest lands and
national parks, marking clearly their
boundaries on the
ground. Thereafter, such forest lands
and national parks shall be conserved
and may not be increased or
diminished, EXCEPT by law. Congress
shall provide measures to prohibit
logging in
1. a. Endangered forest and
2. b. Watershed areas for such
period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural
Communities
1. The State protects the rights of
indigenous cultural communities to
their ancestral lands
A. Subject to Constitutional provisions
B. Subject to national development
policies and programs
2. In determining ownership and
extent of ancestral domain, Congress
may use customary laws on property
rights and relations.
3. “ANCESTRAL DOMAIN”
A. It refers to lands which are
considered as pertaining to a cultural
region
B. This includes lands not yet
occupied, such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only
transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations
incorporated in the Philippines, at least
60% of whose capital is owned by
Filipino citizens
2. Exceptions
A. In intestate succession, where an
alien heir of a Filipino is the transferee
of private land.
B. A natural born citizen of the
Philippines who has lost his Philippine
citizenship may be a transferee of
PRIVATE ALND, subject to limitation
provided by law. Hence, land can be
used only for residential purposes. In
this case, he only acquires derivative
title.
C. Foreign states may acquire land but
only for embassy and staff residence
purposes.
3. Filipino citizenship is only required
at the time the land is acquired. Thus,
loss of citizenship after acquiring the
land does not deprive ownership.
4. Restriction against aliens only
applies to acquisition
ownership. Therefore:
A. Aliens may be lessees
usufructuaries of private lands
B. Aliens may be mortgages of land, as
long as they do not obtain possession
be thereof and do not bid in the
foreclosure sale.
5. Land tenure is not indispensable to
the free exercise of religious profession
and worship. A religious corporation
controlled by non-Filipinos cannot
acquire and own land, even for
religious purposes.
Remedies to recover private lands
from disqualified aliens:
1. Escheat proceedings
2. Action for reversion under the
Public Land Act
3. An action by the former Filipino
owner to recover the land
A. The former pari delicto principle
has been abandoned
B. Alien still has the title (didn’t pass
it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND
PATRIMONY/INVESTMENTS
Power of Congress
1. Congress, upon the recommendation
of NEDA, can reserve to Filipino
citizens or to corporations or
associations at least 60% of whose
of capital is owned by such citizens, or
such higher percentage as Congress
may prescribe, certain areas of
or investment. This may be done when
the national interest dictates.
2. Congress shall also enact measures
to encourage the formation and
operation of enterprises whose capital
is wholly owned by Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and
concessions covering the national
economy and patrimony, the State shall
give preference to QUALIFIED Filipinos.
Section 11. FRANCHISES FOR PUBLIC
UTILITIES
Power to grant:
1. Congress may directly grant a
legislative franchise; or
2. Power to grant franchises may be
delegated to appropriate regulatory
agencies and/or LGU’s
Public utility
1. In order to be considered as a public
utility, and thus subject to this
provision, the undertaking must involve
dealing directly with the public.
2. Thus, a Build-Operate-Transfer
grantee is NOT a public utility. The
BOT grantee merely constructs the
utility, and it leases the same to the
government. It is the government
which operates the public utility
(operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations
incorporated in the Philippines and at
least 60% of the capital is owned by
Filipino citizens.
Terms and conditions:
1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in
character
3. Franchise is granted under the
condition that it is subject to
amendment, alteration, or repeal by
Congress when the common good so
requires.
Participation of Foreign Investors
1. The participation of foreign investors
in the governing body of any public
utility enterprise shall be limited to
their proportionate share in its capital.
2. Foreigners cannot be appointed as
the executive and managing officers
because these positions are reserved
for Filipino citizens.
Section
16. FORMATION/ORGANIZATION/REGU
LATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the
formation, etc of private corporations
through a general law.
2. GOCC’s
They may be created by:
a. Special charters in the interest of
the common good and subject to the
test of economic viability.
b. By incorporation under the general
corporation law.
Sections 18-19. SPECIAL ECONOMIC
POWERS OF THE GOVERNMENT
1. Temporary takeover or direction of
operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately
owned public utilities or businesses
affected with public interest.
C. Duration of the takeover: period of
emergency
D. Takeover is subject to reasonable
terms and conditions
E. No need for just compensation
because it is only temporary.
2. Nationalization of vital industries:
A. Exercised in the interest of national
welfare or defense
B. Involves either:
i. Establishment and operation of vital
industries; or
ii. Transfer to public ownership, upon
payment of just compensation, public
utilities and other private enterprises
to be operated by the government.
Section 19. MONOPOLIES
1. The Constitution does NOT prohibit
the existence of monopolies.
2. The State may either regulate or
prohibit monopolies, when public
interest so requires.
3. Combinations in restraint of trade
or unfair competition are prohibited.
Filipino citizenship or equity
requirements:
ACTIVITY
REQUIREMENTS CITIZENSHIP AND/OR
EQUITY
1. Filipino citizens; or
2. Corporations incorporated in RP,
with 60% Filipino ownership
Operation of Public
Utilities
1. Filipino citizens; or
2. Corporations incorporated in RP,
with 60% Filipino ownership
Acquisition of alienable lands of the
public domain
1. Filipino citizens;
2. Corporations incorporated in RP, 2. Corporations incorporated in RP,
with 60% Filipino ownership; with 60% Filipino ownership

3. Former natural-born citizens of RP, EXCEPT: Schools established by

as transferees, with certain legal religious groups and mission boards.
restrictions; and

4. Alien heirs as transferees in case of

intestate succession.

Practice of ALL
Professions

Filipino citizens only (natural

persons)

*Congress may, by law, otherwise

prescribe

Mass
Media

1. Filipino citizens; or

2. Corporations incorporated in RP,

and 100% Filipino owned ARTICLE XIII – SOCIAL JUSTICE AND
HUMAN RIGHTS
Advertising
Social Justice

1. Filipino citizens; or 1) Social justice in the Constitution is

principally the embodiment of the
2. Corporations incorporated in RP, and
principle that those who have less in
70% Filipino owned.
life should have more in law.
Educational
2) The 1987 Constitution advances
institution
beyond what was in previous
1. Filipino citizens; or Constitutions in that it seeks not only
economic social justice but also
political social justice.
Principal activities in order to achieve
social justice
1) Creation of more economic
opportunities and more wealth; and
2) Closer regulation of the acquisition,
ownership, use and disposition of
property in order to achieve a more
equitable distribution of wealth and
political power.
Labor
Section 3 of Article XIII elaborates
 2) a more equitable distribution of
on the provision in Article II by
specifying who are protected by
the Constitution, what rights are
guaranteed, and what positive
measures the state should take in
order to enhance the welfare of
labor.
Right to organize and to hold peaceful
concerted activities
 Ø The right to organize is given to
all kinds of workers BOTH in the
PRIVATE and PUBLIC sectors.
 Ø The workers have a right to
hold peaceful concerted activities
except the right to strike, which
is subject to limitation by law.
Right to participate in the decision
making process of employers
The workers have the right to
participate on matters affecting their
rights and benefits, “as may be
provided by law”. This participation
can be through
1) collective bargaining
agreements,
2) grievance machineries,
3) voluntary modes of settling
disputes, and
4) conciliation proceedings
mediated by government.
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
land which recognizes the right of
farmers and regular farmworkers who
are landless to own the land they till,
and
3) a just share of other or seasonal
farmworkers in the fruits of the land.
CARL as an exercise of police power
and power of eminent domain
 To the extent that the law
prescribes retention limits for
landowners, there is an exercise
of police power. But where it
becomes necessary to deprive
owners of their land in excess of
the maximum allowed there is
compensable taking and therefore
the exercise of eminent domain.
Reach of agrarian reform
 It extends not only to private
agricultural lands, but also to
“other natural resources,” even
including the use and enjoyment
of “communal marine and fishing
resources” and “offshore fishing
grounds”.
The Commission on Human Rights
Composition: E. Example: There is no right to occupy
government land, i.e. squat thereon.
1) Chairman; and Therefore, eviction therefrom is NOT a
human rights violation.
2) 4 members
2) Adopt operational guidelines and
Qualifications:
rules of procedure.
1) Natural-born citizens of the
3) Cite for contempt for violations of
Philippines;
its rules, in accordance with the Rules
2) Majority of the Commission must be of Court.
members of the Philippine Bar;
4) Provide appropriate legal measures
3) Term of office, other qualifications for the protection of the human rights
and disabilities shall be provided by of all persons, within the Philippines,
law; as well as Filipinos residing abroad, and
provide for preventive measures and
4) The appointment of the CHR legal aid services to the
members is NOT subject to CA underprivileged whose human rights
confirmation; and have been violated or need protection.

5) The CHR is not of the same level as A. CHR can initiate court proceedings
the COMELEC, CSC, or COA. on behalf of victims of human rights
violations.
Powers:
B. They can recommend the
1) Investigate all forms of human rights prosecution of human rights violators,
violations involving civil or political but it cannot itself prosecute these
rights cases.

A. Violations may be committed by C. BUT: The CHR cannot issue

public officers or by civilians or rebels. restraining orders or injunctions against
alleged human rights violators. These
B. CHR cannot investigate violations of
must be obtained from the regular
social rights.
courts.
C. CHR has NO adjudicatory powers
5) Exercise visitorial powers over jails,
over cases involving human rights
prisons and other detention facilities.
violations.
6) Establish continuing programs for
D. They cannot investigate cases where
research, education and information in
no rights are violated.
order to enhance respect for the
primacy of human rights.
7) Recommend to Congress effective
measures to promote human rights and
to provide compensation to victims of
human rights violations or their
families.
8) Monitor compliance by the
government with international treaty
obligations on human rights.
9) Grant immunity from prosecution to
any person whose testimony or whose
possession of documents or other
evidence is necessary or convenient to
determine the truth in any CHR
investigation.
10) Request assistance from any
department, bureau, office, or agency
in the performance of its functions.
11) Appoint its officers and employers
in accordance with law.
12) Perform such other functions and
duties as may be provided for by law
ARTICLE XIV – EDUCATION, SCIENCE
AND TECHNOLOGY,
ARTS, CULTURE, AND SPORTS
Education
Goals of the State:
The State shall promote and protect:
1) The right to quality education at all
levels;
2) The right to affordable and
accessible education; and
3) Education that is relevant to the
needs of people and society.
Right to Education and Academic
Freedom
The right to education must be read in
conjunction with the academic freedom
of schools to require “fair, reasonable,
and equitable admission
requirements.”
Power to Dismiss Students
1) Schools have the power to dismiss
students, after due process, for
disciplinary reasons.
2) Acts committed outside the school
may also be a ground for disciplinary
action if:
a) It involves violations of school
policies connected to school-sponsored
activities; or
b) The misconduct affects the student’s
status, or the good name or reputation
of the school.
Regulation of Right to Education
The right to education in particular
fields may be regulated by the State in
the exercise of its police
power, e.g. the State may limit the
right to enter medical school by
requiring the applicants to take the
NMAT.
Free Education
1) The State shall maintain a system of 2). EXCEPTIONS: Schools established for
free education in: foreign diplomatic personnel and their
dependents, and unless otherwise
a) Elementary level, and provided for by law for other foreign
temporary residents.
b) High school level.
II. Tax Exemptions
2) Elementary education is compulsory
A. Non-stock, non-profit educational
for all children of school age. However,
institutions:
this is a moral rather than a legal
compulsion. 1) All revenues and assets actually,
directly and exclusively used for
Educational Institutions
educational purposes are exempt from
I. Filipinization
taxes and duties.
A. Ownership:
2) This is self-executory
1). Filipino citizens, or
B. Proprietary educational
2). Corporations incorporated in RP and
institutions, including cooperatives:
60% Filipino-owned.
1) Entitled to exemptions as may be
EXCEPT: Schools established by
provided by law, including restrictions
religious groups and mission boards.
on dividends and re-investment
3). Congress may increase Filipino
2) Requires an enabling statute
equity requirements in ALL educational
institutions. 3) Grants, endowments, donations and
contributions actually, directly and
B. Control and Administration:
exclusively used for educational
1). Must be vested in Filipino citizens purposes are exempt from taxes,
subject to conditions prescribed by
2). Refers to line positions, such as law.
President, Dean, Principal, and
Trustees III. Academic Freedom
A. Educational Institutions
3). Faculty members may be foreigners.
Schools have the freedom to
C. Student Population: determine:

1). GENERAL RULE: Cannot establish 1) Who may teach,

school exclusively for aliens. Aliens can
only comprise up to 1/3 of total 2) What may be taught,
enrollment.
3) How it shall be taught, and
4) Who may be admitted to study. Religious Education in Public Schools:

B. Faculty members Religion may be taught in public

1) Full freedom in research and in the
publication of the results, subject to
the adequate performance of their
other academic duties.
schools subject to the following
requisites:
1) Express written option by parents
and guardians;

2) Freedom in the classroom in 2) Taught within regular class hours;

discussing their subjects, but they
should be careful not to introduce into 3) Instructors are designated and
their teaching controversial matter approved by the proper religious
which has no relation to their subjects. authorities; and

3) When faculty members speak or 4) WITHOUT ADDITIONAL COST TO THE

write in their capacity as citizens, then GOVERNMENT.
they are free from institutional
Section 6. Language
censorship or discipline.
1) National language: Filipino
C. Students
2) Official Languages: Filipino, and
They have the right to enjoy in school
unless otherwise provided by law,
the guarantees of the Bill of Rights.
English.
D. Limitations
3) Regional languages are auxiliary to
1) Dominant police power of the State the official languages.

2) Social interest of the community 4 (Spanish and Arabic are promoted

only on an optional and voluntary basis.
E. Budgetary Priority:

1). Education must be assigned the

highest budgetary priority.

2). BUT: This command is not

absolute. Congress is free to
determine what should be given
budgetary priority in order to enable it
to respond to the imperatives of
national interest and for the
attainment of other state policies or
objectives.

XVII. INVOLUNTARY SERVITUDE
- The condition of one who is
compelled by force, coercion, or
imprisonment and against his will, to
labor for another, whether he is paid
or not.
Exceptions:
1. Punishment for a crime whereof the
party shall have ben duly conceived.
2. All citizens may be required, under
conditions provided by law, to render
personal military or civil service, under
Section 4, Article 22, PC
3. A person who enlists in the service of
a merchant vessel may be compelled to
remain in such service until the end of
the voyage for which he contracted,
under Robertson v. Baldwin. 165 US
275
4. Under the posse comitatus for the
apprehension of criminals: under US v.
Pompeya 31 Phil 245, authorities might
command all the male inhabitants of a
certain age to assist them to apprehend
brigands.
5. Striking workers in industries affected
with public interest like lumber industry
or public utilities like light and telephone
companies, may be required to return to
work pending settlement of the labor
dispute, under case law.
6. Unemancipated childred under the
NCC and patria potestas principle. They
shall obey their parents and respect
them.
Application—Under case law, a
housemaid is required to render
domestic services in payment for the
money advanced for her transport from
province.
Under the RPC, in the enforcement of
debt, a debtor is required to work for his
creditor as household servant or farm
laborer.
XVIII. THE WRIT OF HABEAS
CORPUS
When Available - when a person is
subject to:
1. physical restraint like arbitrary
detention
2. Moral restraint like a housemaid who
is prevented from leaving her work due
to the influence of her employer.
3. When a prisoner is convicted by a
court without jurisdiction or when his
sentence becomes invalid.
4. A person with a higher penalty than a
subsequent person convicted of the
same offense.
5. In an unlawful denial of bail.
Procedure:
1. Filing of application. Note: Its privilege
may be suspended. Suspension is the
exception, not the rule.
2. If found in proper form, the writ will
be issued as a matter of course
ordering the production of the person
allegedly detained, and requiring the
detainer.
3. The case continues. EXC: If there
is a return of the respondent detainer
showing that the detained in custody
is held for a crime covered by the
proclamation suspending the privilege
of the writ, the case will be dismissed.
Grounds for suspension
1. Lawless violence
2. Invasion
3. Rebellion
4. And each ground shall be: when
public safety requires it, and for a period
not exceeding 60 days. After 60 days, it
shall be lifted. It shall be suspended by
the President himself.
5. It shall affect a particular place or part
of the Philippines.
6. The President shall personally or in
writing report to the Congress within 48
hours. *If not in session, the Congress
shall convene within 24 hours after the
suspension.
8. It may be cancelled by the Congress
by the majority vote of all its members.
The cancellation cannot be set aside by
the President.
9. With the same vote and manner,
upon President’s initiative, it can be
extended if the grounds persist and
public safety requires. The extension
here is indefinite.
10. It applies to persons facing rebellion
charges or offenses inherent in or
directly connected with invasion. They
shall be charged within 3 days,
otherwise, they shall be dismissed.
The Ilagan Case. Ilagan v. Enrile, 139
SCRA 349. There were 3 lawyers
detained by virtue of a preventive
detention action: Attys. Ilagan et al.
Thus a writ of HC. In its return, it was
stated that the privilege was suspended
as to them. Thus a temporary release
for them due to lack of evidence for their
subversive acts.
Later, an Information for rebellion was
found to have been filed against them
subsequently. Thus the SC ruled in
favor of Enrile et al. The petition was
rendered moot and academic.
 XIX. SPEEDY DISPOSITION OF
CASES
- All persons shall have the right to a
speedy disposition of their cases
before all judicial, quasi-judicial or
administrative bodies, under Section
16, Bill of Rights.
Reiterated by the RPC:
The accused shall be entitled to a
speedy trial, under Section 14 (2).
In view of the foregoing, the Supreme
Court can temporarily assign a judge
from a station to another when public
interest so requires, like when there is a
busier judge in another district, under
Section 5 (3), Article 8.
Under Section 5 of the same Article, the
SC shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases.
Under Section 15 (1) of the same,
maximum periods are prescribed for the
decision or resolution of cases:
1. 24 months in SC
2. 12 months for all collegiate
courts unless reduced by the SC.
3. 3 months for all other lower
courts.
4. 60 days for Constitutional
Commissions.
XX. RIGHTS OF THE ACCUSED
Criminal Due Process—Section 14 (1),
Bill of Rights:
• No person shall be held to answer
for a criminal offense without due
process of law.
• That provision is limited to criminal
cases and to their procedural
requirements.
Requirements
1. Trial by competent and impartial court
2. In accordance with the procedure
prescribed by law.
3. With proper observance of all the
rights of the accused under the PC and
statutes. One statutory right is the right
to preliminary investigation.
Self-incrimination—Section 17, Bill of
Rights. No person shall be compelled to
be a witness against himself.
Scope—For testimonial compulsion
and production of documents,
papers and chattels to be used as
evidence against the witness, except
in cases where the SC has right to
inspect the same under police
power.
When Available—As long as the
question is intended to incriminate.
Waiver—Either directly or by a
failure to invoke it provided it is
certain, unequivocal, intelligently,
understandingly and willingly made.
Custodial investigation—Under RA 2. Preliminary investigation
7438, it includes the practice of issuing
3. Arraignment
an invitation to a person who is
investigated in connection with an
offense he is suspected to have
Assistance of counsel—not subject to
committed, without prejudice to the
waiver except during custodial
liability of the inviting officer for any
investigation:
violation of law.
1. To safeguard constitutional rights

2. To defend the theory of the case.

Rights available

1. To be informed of his right to remain

silent
2. To have a competent and
independent lawyer of his own choice
preferably.
3. Against torture or similar means.
Nature and Cause of Accusation
(Arraignment)
- To be informed of the nature and
cause of the accusation.

Presumption of innocence
- Section 14 (a). In all criminal
prosecutions, the accuses shall be
presumed innocent until the contrary
is proved.
• Conviction is based on the strength of
the prosecution, not the weakness of
the defense.
Trial
- To have a speedy, impartial and
public trial.
Trial in absentia - Trial may proceed
despite the absence of the accused if
the same is duly notified and his
absence is unjustifiable.
Right of Confrontation

-To meet the witness face to face.

Right to be heard—Section 14 (2). …
Independent Relevant Statement -
and shall enjoy the right to be heard by
about the fact that something was said
himself and counsel. It is the chance to
explain himself and present evidence. Hearsay Rule - What the witness is
testifying on is not on his personal
When
knowledge.
1. During custodial investigation
Compulsory Process - And to have subsequent development which
compulsory process to secure the changes the character of the first
attendance of witnesses and the judgement which the accused may have
production of evidence in his behalf: already been convicted or charged.

1. Subpoena

2. Subpeona duces tecum XX. FREE ACCESS TO COURTS

If witness fails to comply, he may cited
in contempt by the court. If needed, he
may be arrested so he can give the
needed evidence.
Prohibited Punishments
1. Excessive fines
- The provision of access to courts for
deserving indigents.
- Free access to courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
person because of poverty.

2. Cruel or unusual punishment or

torture

3. Death penalty

Double Jeopardy –

1. There are two cases where the first

case is conviction or acquittal or
dismissed or terminated.

2. By a competent court

3. With a valid Information or complaint.

4. The accused had pleaded guilty

thereof.

It is prohibited by the PC. The second

case shall be dismissed for double
jeopardy.

Doctrine of Supervening Event—

Exception to double jeopardy: there is