Nachura Reviewer - Chapter 1 - 5

NACHURA:(Political(Law(Reviewer(and(Note(Commissioner(Sarmiento(
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LEGENDS:
1.!
2.!
2016 CLASS RECIT & 2015 RECIT

ADDITIONAL NOTES
CONSTITUTIONAL LAW CHAPTER I:
GENERAL PRINCIPLES
PREAMBLE:
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society, and establish a Government that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this Constitution.
preambulare
-! To walk ahead
-! Not a source of right
-! Intention of the framers of the Constitution
Countries whose preambles are prayers
-! Venezuela
-! Argentina
-! Iran
-! Papua New Guinea
What Preamble tells us?
-! Authorship
-! Aims and purposes
-! National prayer
-! Social contract theory
o! a contract between the people and the government to promote the common good
o! people surrender some of their rights to the government while the government has
obligation to serve the ends of the society
The US has only 50+ words in their preamble, the Philippines has 70+ words in the preamble
1935 and 1973 Constitution WE did not appear because were NOT SOVEREIGN
ADDITIONS TO THE 1987 CONSTITUTION
1.! OUR ASPIRATIONS
o! refers to unrealized dreams
o! Jose Nolledo
2.! COMMON GOOD
o! Bernardo Villegas
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3.!
LOVE
o!
o!
o!
o!
from Teodoro Bacani bishop

Lino Brocka reacted
Only preamble with LOVE
Why was love introduced?
!! because of the 1986 EDSA Revoluation
!! in the name of love
4.! INDEPENDENCE BLESSINGS OF INDEPENDENCE AND DEMOCRACY
o! Edmundo Garcia
5.! BUILD A JUST AND HUMANE SOCIETY
o! Commissioner R. Sarmiento
o! Opposition: the purpose of the Constitution is to establish a government not build a
just and humane society
6.! FREEDOM
o! By Jose Nolledo
7.! WE
8.! ALMIGHTY GOD
9.! PATRIMONY
10.! UNDER THE RULE OF LAW
11.! TRUTH:
OATH OF OFFICE OF THE PRESIDENT/VICE PRESIDENT
"I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or
Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God."
POLITICAL LAW branch of public law which deals with the organization and operation of the
governmental organs of the State and defines the relationship of the state with the inhabitants of its
territory
SCOPE / DIVISION (CHAPE2L2)
1.! CONSTITUTIONAL LAW
o! Study of maintenance of the proper balance between authority as represented by
the 3 inherent powers of the state and liberty as guaranteed by the Bill of Rights
2.! ADMINISTRATIVE LAW
o! Branch of public law which fixes the organization of government, determines the
competence of the administrative authorities who execute the law, and indicates to
the individual remedies for the violation of his rights
3.! LAW ON MUNICIPAL CORPORATIONS
4.! ELECTION LAWS
5.! HUMAN RIGHTS LAWS
6.! PUBLIC INTERNATIONAL LAW
7.! ENVIRONMENTAL LAW
BASIS
1.!
2.!
BIAK NA BATO CONSTITUTION (1st revolutionary government)

MALOLOS CONSTITUTION (1st republican constitution in Asia)
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3.!
4.!
5.!
6.!
o! Philippine revolution of 1896

o! Proclamation of independence in Kawit Cavite
o! Revolutionary Convened at Barasoain Church, Malolos, Bulacan
o! 3 drafts: Apolinario Mabili, Pedtro Paterno, Felipe Calderon
o! Felipe Calderons draft was proposed to the Congress
o! Pres. Emilio Aguinaldo approved the Constitution
o! Created by 40 lawyers, 16 physicians, 5 pharmacists, 2 engineers and 1 priest
AMERICAN REGIME
o! Treaty of paris " December 1898 " bought the Philippines for 20million dollars
o! US President Mckinleys Instruction of April 7, 1900 " transform the military into a
civil government
o! Spooner Amendment to the Army Appropriation Bill of March 2, 1901 " all military,
civil and judicial powers necessary to govern the Philippine islands shall be exercised
in such manner " for the establishment of a civil government. 1901 " office of the
Civil Government was created
o! Philippine Bill of July 1, 1902 -" continued the existing civil government. There is a
commitment from the US Congress to convene and organize the Philippine legislative
body of their own representative. October 16, 1907 " Philippine Assembly was
convened: bicameral legislature
o! Jones Law / Philippine Autonomy Act of August 29, 1916 " superseded the Jones
law and the Philippine Bill of 1902 " principal organic act when the Philippine was
inaugurated as Philippine Commonwealth.
o! Tydings McDuffie Act March 24, 1934" authorized the drafting of a constitution of
the PH, establishment of a commonwealth government and after 10 years the
independence of the Philippines
!! 1935 Constitution
! contained the preamble, bill of rights provisions on finance,
franchises and salaries of important officials
! executive power was vested with the Governor General
! legislative in the bicameral legislature : senate and House of
Representatives
! Judicial Power in SC, CFI and lower courts
!! Call for the constitutional convention for the 1935 constitution
!! Independence was attained in the 3rd republic: July 4, 1946
!! Amended in 1939, again in 1940 then another in 1947
JAPANESE OCCUPATION CONSTITUTION 1943
o! Japanese forces proclaimed the military administration over the territory occupied
by the army
o! Ordered the continuance of the executive, judicial and public offices
o! 2nd Republic was headed by President Jose P. Laurel
1973 Constitution
o! increasing the constitution of the membership of the House of Representatives
o! President Marcos " ratified the constitution and granted legislative powers under
him
o! Snap Election
FREEDOM CONSTITUTION
o! proclamation announcing President Aquino and Vice President Laurel will be
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assuming power
announced the provisional freedom constitution pending the drafting of a new
constitution
7.! 1987 Constitution
o! created by Constitutional Commission " 50 members
o! Approval of the draft of the Constitutional Commission
o! Plebiscite held Feb 2, 1987
o! Effectivity of our current constitution " February 2, 1987
8.! OTHER ORGANIC LAWS made to apply to the Philippines such as
a.! Philippine Bill of 1902
b.! Jones Law (Autonomy Act of 1916)
c.! Tydings Mcduffie Law of 1934 (Commonwealth Constitution, after 10 yrs PH
have independence)
9.! Statutes, EOs and Decrees and Judicial Decisions
10.! International Instruments
a.! US Constitution
b.! UN Charter
c.! International Peace Treaties
d.! Magna Carta of 1218
o!
PROPONETS / FRAMERS OF THE CONSTITUTIONS

1.! Apolinario Mabini Constitutional Programme
2.! Pedro Paterno
3.! Felipe Calderon " his draft was used by Aguinaldo
AMERICAN REGIME
-! 1898 TREATY OF PARIS " PH was bought from the Spaniards for Php 20M
-! Spooner Amendment " from military to civil government
-! Jones Law " organic act to commonwealth government and 3 powers of the government was
created
-! Tydings MCduffie " draft constitution # commonwealth " 10 years for independent
LECTURE
-! Charles Prickley " from North Carolina
-! Suggested SONA in the US
-! Proposed " inventive laws
-! Camp refugees
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CONSTITUTIONAL LAW CHAPTER II:
o!
o!
PHILIPPINE CONSTITUTION
NATURE OF THE CONSTITUTION
-! DEFINITION
1.! COOLEY : the body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised
2.! MALCOM : that written instrument enacted by direct action of the people by which the
fundamental powers of the government are established, limited and defined, and by which
those powers are distributed among the several departments for their safe and useful
exercise for the benefit of the body politic
-!
PURPOSE :
1.! Prescribe the permanent framework of a system of the government
2.! Assign respective powers and duties
3.! Establish certain first principles on which the government is founded
4.! Articulate the rights of the people
-!
CLASSIFICATION
o! WRITTEN OR UNWRITTEN
WRITTEN
Precepts are embodied in one
document
-!
UNWRITTEN
Rules which have not been integrated into
a single concrete form but are scattered
in various sources such as
1.! Statutes of a fundamental
character
2.! Judicial decisions
3.! Commentaries of publicists
4.! Customs and traditions
5.! Certain
common
law
principles
o!
ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)

ENACTED (CONVENTIONAL)
EVOLVED (CUMULATIVE)
Is enacted, formally struck off at a Result of a political evolution, not
definite time and place following a inaugurated at any specific time but
conscious or deliberate effort taken by changing by accretion rather than by a
a constituent body or rule
systematic method
o!
RIGID OR FLEXIBLE (process to change)

RIGID
FLEXIBLE
Can be amended only by a formal and Changed by ordinary legislation
usually difficult process
QUALITIES OF A GOOD WRITTEN CONSTITUTION
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o!
BROAD comprehensive enough to provide for every contingency

BRIEF confine itself to basic principles " more adjustable to change and easier to
amend
DEFINITE - prevent ambiguity in its provisions which could result in confusion and
divisiveness
-!
ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

o! CONSTITUTIONAL LIBERTY series of prescription setting fort the fundamental
civil and political rights of the citizen and imposing limitations on the powers of the
government
o! CONSTITUTION OF GOVERNMENT series of provisions outlining and
organization of the government, enumerating its powers, laying down certain rules
relative to its administration and defining the electorate
o! CONSTITUTION OF SOVEREIGNTY provisions pointing out the mode or
procedure in accordance with which formal changes in the fundamental law may be
brought about
o! SOCIAL JUSTICE AND HUMAN RIGHTS Economic, Social and Cultural
!! WHY? Reference to economic, social and cultural (Art XIII)
!! Only the Philippine has this
o! CONSTITUTION OF ACCOUNTABILITY
!! Accountabilities of public officers (Art XI)
-!
INTEPRETATION/CONSTRUCTION OF THE CONSTITUTION SETTLED PRINCIPLES OF

CONSTITUTIONAL CONSTRUCTION
1.! VERBA LEGIS : whenever possible, the words used in the Constitution must be given
their ordinary meaning except when technical terms are employed.
2.! RATIO LEGIS ET ANIMA : the words of the constitution should be interpreted in
accordance with the intent of the framers. Should bear in mind the object sought to be
accomplished and the evils sought to be prevented or remedied
3.! UT MAGSIS VALEAT : constitution has to be interpreted as a whole.
IN CASE OF DOUBT IN THE PROVISIONS should be considered:
1.! Self- executing " a provision which is complete in itself and becomes operative without
the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by
means of which the right it grants may be enjoyed or protected. (EX: Bill of Rights, Sec 11
Art XII of the Constitution, General rule is that the provisions of the Constitution is selfexecuting)
2.! Mandatory rather than directory
3.! Prospective rather than retroactive
o! NOT SELF EXECUTING " provision which lays down a general principle (EX: Art 2
Declaration of Policies)
-!
-!
DOCTRINE OF CONSTITUTIONAL SUPREMACY : if#a#law#or#contract#violates#any#norm#of#

the# constitution# that# law# or# contract# whether# promulgated# by# the# legislative# or# by# the#
executive#branch#or#entered#into#by#private#persons#for#private#purposes#is#null#and#void#
and# without# any# force# and# effect.# Thus,# since# the# Constitution# is# the# fundamental,#
paramount# and# supreme# law# of# the# nation,# it# is# deemed# written# in# every# statute# and#
contract.#(Manila#Hotel#vs#GSIS)
BRIEF CONSTITUTIONAL HISTORY (SEE DISCUSSION IN PREVIOUS CHAPTER)
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REVISION
Implies a change that alters a basic principle
in the constitution, like altering the principle
of separation of powers or the system of
checks and balances
If the change alters the substantial entirety of
the Constitution
Affects several provisions of the constitution
AMENDMENT
Refers to change that adds, reduces,
deletes, without altering the basic principle
involved
Affects only the specific provision being

changed
-!
2 PART TEST
1.! QUANTITATIVE TEST whether the proposed change is so extensive in its provisions as to change
directly the substance entirety of the Constitution by the deletion or alteration of numerous provisions
2.! QUALITATIVE TEST inquires into the qualitative effect of the proposed change in the Constitution.
The main inquiry is whether the change will accomplish such far-reaching changes in the nature of
our basic governmental plan to a unicameral legislative
-!
STEPS IN THE AMENDATORY PROCESS

o! PROPOSAL Sec 1-3 Art XVII The adoption of the suggested change in the
constitution. May come from:
1.! CONGRESS BY A VOTE OF OF ALL ITS MEMBERS (Congress proposes
amendment).
!! It acts as a CONSTITUENT ASSEMBLY " directly for the purpose of
amendment or revision.
!! Not a legislative act
2.! CONSTITUTIONAL CONVENTION
!! Called into existence by:
a.! 2/3 vote of all members of Congress
b.! majority of all the members of Congress with the question whether or
not to call a Convention to be resolved by the people in a plebiscite
!! 3 THEORIES ON THE POSITION OF A CONSTITUTIONAL
CONVENTION vis--vis THE REGULAR DEPARTMENTS OF A
GOVERNMENT
a.! theory of conventional sovereignty
b.! convention is inferior to the other departments
c.! independent of an co-equal to the other departments
3.! PEOPLE, THROUGH THE POWER OF INITIATIVE
! REQUISITES:
a.! Petition of at least 12% of the total number of
registered votes
b.! Of which every legislative district must be
represented by at least 3% of the registered voters
therein
! LIMITATION
o! No amendment shall be authorized within 5 years
following the ratification of this Constitution nor
more often than once every 5 years thereafter
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RA 6735 (ACT PROVIDING FOR A SYSTEM OF INITIATIVE

AND REFERENDUM)
o! INITIATIVE power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for the
purpose
o! 3 types of initiative
!! INITIATIVE ON THE CONSTITUTION petition proposing amendments to the
constitution (no provision on the
Constitution on how to apply this,
legislative enactment is required)
!! INITIATIVE ON STATUTES refers to
a petition proposing to enact a national
legislation
!! INITIATIVE ON LOCAL LEGISLATION
refers to a petition proposing to enact
a regional, provincial, city, municipal, or
barangay law, resolution or ordinance
o! INDIRECT INITIATIVES exercise of the initiative
by the people through a proposition sent to
Congress or the local legislative body for action
! PROCEDURE (essential elements)
1.! The people must author and sign the entire proposal; no
agent or representative can sign in their behalf
2.! As an intiative upon a petition the proposal must be
embodied in the petition
o! NOTE: meaningless if the person signing does not
first see what it is he is signing
! PEOPLES INITATIVE applies only to an amendment NOT to
a revision of the Constitution
4. CONSTITUTIONAL COMMISSION (Note that there is no mention of a
Constitution Commission in Art XVII)
5. CONSTITUTIONAL COMMITTEE " Japanese constitution by Mc Arthur
BRIEF BACKGROUND
!
AMENDMENT
1935
1973
1987
CONSTITUTIONAL CONVENTION
CONSTITUTIONAL CONVENTION
CONSTITUTIONAL COMMISSION
(Proclamation 9)
-! After freedom constitution
o!
Members elected by the people

Members elected by the people
Members appointed by the President
RATIFICATION (ART 4 ART XVII) The proposed amendment shall become part
of the Constitution when ratified by a majority of the votes cast in a plebiscite held not
earlier than 60 nor later than 90 days after the approval of the proposal by Congress
or the Constitutional Convention, or after the certification by the COMELEC of the
sufficiency of the petitioner for initiative under Sec 2 Art XVII
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!!
!!
-!
DOCTRINE OF PROPER SUBMISSION " since constitution prescribes

the time frame within which the plebiscite must be held, thus no question
whether the time given to the people to determine the merits and demerits
of the proposed amendments is adequate
Plebiscite may be held same day as regular elections
JUDICIAL REVIEW OF AMENDMENTS " whether or not the constitutional provisions on

amendment had been followed
JUDICIAL REVIEW
-! Power of the court: to test the validity of executive and legislative enactments in light of their
conformity with the Constitution
-! Expression of the supremacy of the constitution
-! SEC 1 ART VII OF THE CONSTITUTION - Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government
o! EXPLICIT CONSTITUTIONA RECOGNITION Sec 4 (2) Art VIII - (2) All cases
involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under
the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other regulations, shall be decided with the
concurrence of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon
-! WHO MAY EXERCISE THE POWER power of the SC to decide constitutional question, SC
recognizes the authority of the lower courts to decide questions involving the constitutionality of
laws, treaties, etc., family courts
-! FUNCTIONS OF JUDICIAL REVIEW
1.! CHECKING
2.! LEGITIMATING
3.! SYMBOLIC - when constitutional issue raised requires formulation of controlling principles
to guide the bench, the bar, and the public; and
-! POLITICAL QUESTIONS ARE, ORDINARILY, OUTSIDE THE PALE OF JUDICIAL REVIEW
POLITICAL
Question of policy
Question which, under the constitution, are
to be decided by the people in their
sovereign capacity, or in regard to which full
discretionary authority has been delegated
to the legislative or executive branch
Issues dependent upon the wisdom, not
legality, of a particular measure
LIMITED by 2nd paragraph Sec 1 Art VIIII "
if there is grave abuse of discretion
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JUSTICIABLE
Implies a given right, legally demandable
and enforceable, and an act or omission
violative of such right, and a remedy granted
and sanctioned by law for said breach or
right
Political question " not subject to judicial inquiry or decision

POLITICAL QUESTION DOCTRINE: 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. (Sec 1 Art VIII)
REQUISITES OF JUDICIAL REVIEW
1.! ACTUAL CASE OR CONTROVERSY conflict of legal rights, an assertion of opposite legal
claims which can be resolved on the basis of existing laws and jurisprudence.
!! Moot and academic case ceases to present a justiciable controversy
by virtue of a supervening events.
!! EXCEPTION: Courts will decide cases, otherwise moot and academic, if:
! first, there is a grave violation of the Constitution;
! second, the exceptional character of the situation and the
paramount public interest is involved;
! third, when constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and the
public; and (SYMBOLIC FUNCTION)
! fourth, the case is capable of repetition yet evading review.
!! Request for advisory opinion is not an actual controversy
2.! THE CONSTITUTIONAL QUESTION MUST BE RAISED BY THE PROPER PARTY =
LOCUS STANDI proper party is one who has sustained or is in imminent danger of
sustaining an injury as a result of the act complained of. One must have a legal standing
(locus standi)
!! LOCUS STANDI the right of appearance in court of justice on a given
questions
!! REAL PARTY IN INTERESTS party who stands to be benefited or
injured by the judgment in the suit, or the party entitled to the avails of the
suit
!! DIRECT INJURY TEST
! A person who impugns the validity of a statute must have a
personal and substantial interest in the case such that he has
sustained or will sustain direct injury as a result
! interest material interest, an interest in issue affected by the
challenged official act, as distinguished from mere interest in
the question involved, or a mere incidental interest
!! REQUIREMENTS TO HAVE LOCUS STANDI
i.! Case involves constitutional issues
ii.! TAXPAYERS: there must be a claim of illegal disbursement of public
funds or that the tax measure is unconstitutional
iii.! VOTERS: there must be showing of obvious interest in the validity
of the election law in question
iv.! CONCERNED CITIZENS: must be a showing that the issues raised
are a transcendental importance which must be settled early
v.! LEGISLATORS: must be a claim that the official action complained
of encroaches on the prerogatives as legislators
!! GOVERNMENT: proper party to question the validity of its own law
!! FACIAL CHALLENGE: the rule is that a party can question the validity of
a statute ONLY if it is unconstitutional as applied to HIM. FACIAL
o!
o!
-!
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3.!
4.!
CHALLENGE " allowed to operate in the area of freedom of

expression
!! Areas of: freedom of expression / religious freedom
! OVERBREADTH DOCTRINE " permits a party to challenge
the validity of a statute even though, as applied to him, it is not
unconstitutional
!! VOID FOR VAGUENESS related to overbreadth doctrine " holds that
the law is facially invalid if men of common intelligence must necessarily
guest at its meaning and differ as to its application
THE CONSTITUTIONAL QUESTION MUST BE RAISED AT THE EARLIEST POSSIBLE
OPPORTUNITY
THE DECISION ON THE CONSTITUTIONAL QUESTION MUST BE DETERMINATIVE
OF THE CASE ITSELF
o! On the basis of separation of powers which demands respect for other departments
o! Constitutional issue must be the CAUSE OF THE SUIT OR ACTION of the case
EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY (2 VIEWS)

ORTHODOX VIEW
MODERN VIEW
An unconstitutional act is not a law
Courts simply refuse to recognize the law and
It confers no rights
determine the rights of the parties as if the statute
It imposes no duties
had no existence
It affords no protection
It creates no office
The actual existence of statute, prior to such a
It is inoperative
determination of unconstitutionality, is an
As if it had not been passed at all
operative fact and may have consequences which
cannot justify be ignored. The past cannot always
be erased by a new judicial decision
Certain legal effects of the staute prior to its
declaration of unconstitutionality may be
recognized.
OPERATIVE FACT DOCTRINE
-! GENERAL RULE: the nullification of an unconstitutional law or act carries with it the illegality of
its effects
-! EXCEPTION: In cases where the nullification of its effect will result in inequity and injustice, the
operative fact doctrine may apply, and the effects of the unconstitutional act will have to be
recognized
PARTIAL UNCONSTITUTIONALITY
-! The legislature must be willing to retain the valid portion usually show by the presence of a
separability clause in the law
-! Valid portion stand independently as law
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CONSTITUTIONAL LAW CHAPTER III:
PHILIPPINES AS A STATE
DEFINITION OF A STATE
1.! a community of persons,
2.! more or less numerous
3.! permanently occupying a definite portion of territory
4.! dependent of external control and
5.! possessing a government to which
6.! a great number of inhabitants render habitual obedience
STATE
NATION
GOVERNMENT
Legal or jurstic concept

Ethnic or racial concept
Instrumentality of the state through which the will of the state is implemented and
realized
ELEMENTS OF A STATE
1.! PEOPLE
a.! INHABITANTS
ARTICLE III 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.
b.! CITIZENS
PREAMBLE
ARTICLE II 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
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 III 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
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c.!
ELECTORS
ARTICLE VII Section 4. The President and the Vice-President shall be elected by
direct vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at noon of the
same date, six years thereafter. The President shall not be eligible for any re-election.
No person who has succeeded as President and has served as such for more than
four years shall be qualified for election to the same office at any time
separated by bodies of water, should be treated as one integral units and

the waters inside the baselines are considered internal waters
1.! ARCHIPELAGO - a group of islands, including islands,
interconnecting waters, and other natural features which are
closely interrelated in such islands, water and other natural
features, form an intrinsic geographical, economic and political
entity, or which historically have regarded as such
ii.! STRAIGHT BASELINE METHOD imaginary straight line joining the
outermost points of the outermost islands of the archipelago enclosing an
area the ratio of which should not be more than 9:1 (water to land);
provided that the drawing of baselines shall not depart to any appreciable
extent, from the general configuration of the archipelago. The waters
within the baselines shall be considered internal waters, while the breadth
of the territorial sea, the contiguous zone, the exclusive economic zone
and the continental shelf shall then be measures from the baselines
NOTE: REQUISITE FOR STATEHOOD: adequate number for

-! Self sufficiency
-! Defenses
-! Both sexes for perpetuity
2.!
TERRITORY ART 1 RA 3046, RA 5446

a.! 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. (Sec 1 Article I)
i.! TERRITORIAL SEA portion of the open sea adjacent to the shores of a
state over which that state exercises jurisdiction. Every State has the right
to establish the breadth of its territorial sea up to a limit not exceeding 12
nautical miles, measured from baselines determined in accordance with
this Convention. (Art 3 UNCLOS)
b.! COMPONENTS
i.! Terrestrial
ii.! Fluvial
iii.! Maritime
iv.! Aerial domain
c.! PHILIPPINE ARCHIPELAGO: historically defined in the following treaties
i.! TREATY OF PARIS December 10, 1898
ii.! TREATY BETWEEN SPAIN AND US AT WASHINGTON November 7,
1900
iii.! TREATY BETWEEN US AND GREAT BRITAIN January 2, 1930
d.! OTHER TERRITORIES OVER WHICH THE PHILIPPINES EXERCISES
JURISDICTION
i.! BATANES 1935 Constitution
ii.! HISTORIC RIGHTS OR LEGAL TITLE Art 1, 1973 Constitution
iii.! RA 5446 September 8, 1958 expanded RA 3046, specifically declaring
Sabah as part of the Philippine territory and which
iv.! PD 1596 June 11, 1978 formalized the Philippines claim over the
Kalayaan Islands Group
e.! ARCHIPELAGO DOCTRINE- 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
i.! ARCHIPELAGIC DOCTRINE OF NATIONAL TERRITORY articulates
the principle that an archipelago, which consists of a number of islands
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f.!
UNCLOS CONVENTION ON THE LAW OF THE SEA (UNCLOS) The UNCLOS is

a multilateral treaty which was opened for signature on December 10, 1982 at
Montego Bay, Jamaica. It was ratified by the Philippines in 1984 but came into force
on November 16, 1994 upon the submission of the 60the ratification. The UNCLOS is
a product of international negotiation that seeks to balance State sovereignty (mare clausum)
and the principle of freedom of the high seas (mare liberum). An overwhelmingly majority over
80% -- of nations states are now members of UNCLOS, but the US, has not ratified it.
i.! INTERNATIONAL LAW OF THE SEA a body of treaty rules and

customary norms governing the uses of the sea, the exploitation of its
resources, and the exercise of jurisdiction over maritime regimes. It is a
branch of PIL regulating the relations of states with respect to the uses of
the oceans
ii.! RIGHTS OF THE COASTAL STATE freedom to use the worlds marine
waters is one of the oldest customary principle of international law. The
UNCLOS grants sovereignty rights in varying degrees over the different
zones
1.! Internal waters
2.! Territorial sea
o! Internal waters and territorial seas " coastal states
exercise sovereignty. Extends to air and space over
the territorial sea as well as to its bed and subsoil
3.! Contiguous zone
o! 12 n.miles
o! have sovereign rights over economic resources of
the sea, seabed and subsoil in these areas
4.! Exclusive economic zone
o! 200 n miles
o! other states enjoy freedom of navigation and
overflight, freedom to lay submarine cables and
pipelines, and internationally recognized lawful
uses of the sea in relation to these freedoms
5.! High seas
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6.!
Foreign vessel
o! Warship sovereignty immunity " responsibility of
flag states for damages caused by warships
b.!
the Philippines, including, save as the contrary appears from the context,
the various arms through which political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the provincial,
city, municipal or barangay subdivisions or other forms of local
government (Sec 2(!) Administrative Code)
FUNCTIONS (common test: good faith)
i.! CONSTITUENT mandatory for the Government to perform because they
constitute the very bonds of society such as:
1.! maintenance of peace and order
2.! regulation of property and property rights
3.! administration of justice, etc
ii.! MINISTRANT promote the welfrare, progress and prosperity of the
people, and which are merely optional for the government to perform
NOTES:
-! Promotion of welfare of the people a ministrant function " NO " because of the preamble
(common good), there is no longer a ministrant function
c.!
d.!
NOTE: non-inclusion in UNCLOS " not mean they will disregard the rights of other countries.
g.!
3.!
iii.! RIGHT OF INNOCENT PASSAGE all states enjoy right of innocent

passage through archipelagic waters. However, archipelagic states may
suspend temporarily, without discrimination, the right of innocent passage
in specified areas when deemed essential for the protection of national
security. Suspension takes effect after due publication
1.! SEALANES AND AIR ROUTES archipelagic states may
designate sealanes and air routes suitable for the safe,
continuous and expeditious passage of foreign ships and
aircraft. Passage may be exercised through the routes
normally used for international navigation
VALIDITY OF RA 9522 (AN ACT TO AMEND CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO
DEFINE THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES AND FOR
OTHER PURPOSES) it is constitutional since it is based on UNCLOS
GOVERNMENT
a.! DEFINE: the agency or instrumentality through which the will of the state is
formulated, expressed and realized
i.! GOVERNMENT OF THE PHILIPPINES: the corporate governmental
entity through which the functions of government are exercised throughout
Diato, 2013400036
DOCTRINE OF PARENS PATRIAE

!! Government may act as guardian of the rights of people who may be
disadvantaged or are suffering from some disability or misfortune.
CLASSIFICATION OF GOVERNMENTS
i.! De jure and de facto
ii.! Kinds of De Facto Government
1.! Takes possession or control of, usurps by force or by the voice
of the majority the rightful legal government and maintains itself
against the will of the latter
2.! Established by the inhabitants of a territory who rise in
insurrection against the parent state
3.! Which is established by invading forces if an enemy who
occupy a territory in the course of war de facto government
of paramount force
PRESIDENTIAL
PARLIAMENTARY
Separation of executive and legislative Fusion of both executive and legislative
powers.
powers. Although actual exercise of the
executive is vested in a prime minister
Executive president
who is chosen, by and accountable to,
Legislative congress
Parliament.
UNITARY GOVERNMENT
Single,
centralized
government,
exercising powers over both the
internal and external affairs of the state
FEDERAL GOVERNMENT
Autonomous state (local) government
units merged into a single state, with
the national government exercising a
limited degree of power over the
domestic affairs but generally full
direction of the external affairs of the
state
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4.!
SOVEREIGNTY
a.! DEFINED the supreme and uncontrollable power inherent in the state by which the
state is governed
b.! KINDS
LEGAL
POLITICAL
Power to issue final commands
Which is the sum total of all the
influences which lie behind the law
INTERNAL
Supreme power over everything within
its territory
c.!
d.!
e.!
f.!
g.!
EXTERNAL
Independence, which is freedom from
external control
CHARACTERISTICS
i.! Permanence
ii.! Exclusiveness
iii.! Comprehensiveness
iv.! Absoluteness
v.! Indivisibility
vi.! Inalienability
vii.! imprescriptibility
EFFECTS OF CHANGE IN SOVEREIGNTY political laws are abrograted
EFFECTS OF BELLIGERENT OCCUPATION
!!
no change in sovereignty however, political laws, except the law on
treason, are suspended. Municipal law remains in force unless appealed
by the belligerent occupant
!! At the end of the belligerent occupation " the political laws which have
been suspended automatically becomes effective again (Doctrine of jus
postliminum)
DOMINIUM VS IMPERIUM DOMINIUM
DOMINIUM
IMPERIUM
Refers to the capacity to own or Authority possessed by the State
acquire property, including lands held embraced in the concept of
by the State in its proprietary capacity
sovereignty
JURISDICTION
i.! TERRITORIAL power of the state over persons and things within its
territory
! EXEMPT
a.! Foreign states, heads of state, diplomatic
representatives, and consuls to a certain degree
b.! Foreign states property including embassies,
consulates and public vessels engaged in noncommercial activities
c.! Acts of state
d.! Foreign merchant vessel exercising the rights of
innocent passage or involuntary entry, such as
arrival under stress
Diato, 2013400036
e.!
Foreign armies passing through or stationed in its

territory with its permission
f.! Such other persons or property, including
organizations like UN, over which it may, by
agreement, waive jurisdiction
ii.! PERSONAL power of the state over its nationals, which may be
exercised by the state even if the individual is outside the territory of the
state
iii.! EXTRATERRITORIAL power exercised by the state beyond the
territory in the following cases
1.! Assertion of its personal jurisdiction over national abroad, or
the exercise of its rights to punish certain offenses committed
outside its territory against national interests even if offenders
are non-resident aliens
2.! By virtue of its relations with other states or territories as when
it establishes a colonial protectorate, or a condominium or
administers a trust territory, or occupies enemy territory in the
court of war
3.! When the local state waives its jurisdiction over persons and
things within its territory, as when a foreign army stationed
therein remains under the jurisdiction of the sending state
4.! By the principle of extraterritoriality as illustrated by the
immunities of the head of state in a foreign country
5.! Innocent passage or arrival under stress
6.! The exercise of jurisdiction by the state in the high seas over
its vessels, over pirates, in the exercise of the right to visit and
search, and under the doctrine of hot pursuit
7.! The exercise of limited jurisdiction over the contiguous zone
and the patrimonial sea, to prevent infringement of its customs,
fiscal, immigration or sanitary regulations
STATE IMMUNITY FROM SUIT The state cannot be sued without its consent Sec 3 Art XVI
1.! BASIS
o! No legal right against the authority which makes the law on which the rights depends.
However may be sued if it gives its consent whether expressed or implied
2.! IMMUNITY IS ENJOYED BY OTHER STATES
o! PIL principle of pari in parem non habet imperium " the head of state, who is
deemed the personification of the state he heads, is inviolable, and thus, enjoys
immunity from suit
o! FOREIGN AGENTS: Diplomatic agents including consuls " to a certain extent, are
exempt from jurisdiction of local courts.
o! Should be acting within the directives of the sending state
o! Warships and other government ships " immunity of local courts and administrative
tribunals
o! ROYAL PREROGATIVE OF DISHONESTY " it grants the state the prerogative to
defeat any legitimate claim against it by simply invoking its non-suability
o! OTHER INTERNATIONAL ORGANIZATION OR INTERNATIONAL AGENCIES "
may be immune from jurisdiction of local courts
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3.!
4.!
5.!
6.!
TEST TO DETERIMNE IF SUIT IS AGAINST STATE

o! If a decision against the state " will the enforcement thereof require an affirmative
act from the state, such as the appropriation of the needed amount to satisfy the
judgment? If so then it is a suit against the state
SUITS AGAINST GOVERNMENT AGENCIES
o! INCORPORATED an incorporated agency possesess a juridical personality
independent of the state. If its charter provides that the agency can sue and be sued,
then suit will lie, including one for tort. Charter constitutes express consent on the
part of the State to be sued.
!! MUNICIPAL CORPORATIONS agencies of the state when the they are
engaged in governmental functions they should enjoy the sovereign
immunity from suit. However even in the performance of such functions
because their respective charters provides that they can sue, they can be
sued
o! UNINCOPORATED has no juridical personality independent of the government.
TO determine its suability, one has to inquire into its principal functions of the agency
SUIT AGAINST PUBLIC OFFICERS
o! Doctrine of state immunity also applies to complaints filed against officials of the state
for acts performed by them in the discharge of their duties within the scope of their
authority
o! Exception to non-suability of public officer (can be sued without prior consent of the
state)
i.! To compel him to do an act required by law
ii.! To restrain him from enforcing act claimed to be unconstitutional
iii.! To compel the payment of damages from an already appropriated
assurance fund or to refund tax over-payments from a fund already
available for the purpose
iv.! To secure a judgment that the officer impleaded may satisfy by himself
without the sate having to do positive act to assist him
v.! Where the government itself has violated its own laws, because the
doctrine of state immunity cannot be used to perpetrate an injustice
o! Unauthorized acts of government officials are NOT acts of the state, thus the public
officer may be sued and be held personally liable in damages
NEED FOR CONSENT
o! In order to be sued, there must be consent
o! In can be expressed or implied
o! The courts may invoke the non-suability of the state as a defense at any stage of the
proceedings
a.! EXPRESS CONSENT given only by an act of the legislative body # in a general
or special law
i.! General law
ii.! Act 3083 " money claims of government arising from contract "
whether expressed or implied with the Philippine government
iii.! PD 1445 general auditing law
iv.! Special law
v.! Art 1280 , Civil Code " damages when acting through special agents
vi.! Art 2189 Civil code " defective roads, bridges, canals, etc
vii.! Sec 24, LGC death, injury, damaged caused by the government
Diato, 2013400036
viii.! Charters of GOCC

IMPLIED CONSENT
i.! when the state commences litigation it becomes vulnerable to a
counterclaim except if intervenes to resist the claims because of its
immunity
ii.! when the state enters into a business contract
SCOPE OF CONSENT
o! Consent to be sued does not include consent to the execution of judgment against it.
o! Another waiver is required
o! Power of the court ends when the judgment is rendered, since government funds and
properties may not be seized under writs of execution or garnishment unless such
disbursement is covered by the corresponding appropriation as required by law
o! Funds belonging to government corporations that are deposited with a bank are not
exempt from garnishment
o! Mandamus will lie " in order to compel the enactment and approval of the necessary
appropriate ordinance and the corresponding disbursement of municipal funds to
satisfy the money judgment
SUABILITY NOT EQUATED WITH OUTRIGHT LIABILITY
o! Liability will have to be determined by the court on the basis of the evidence and the
applicable law.
o! Execution will require another waiver because the power of the court ends when the
judgment is rendered
o! Damnum absque injuria may be a lawful defense
b.!
7.!
8.!
LECTURE:
DEMOCRACY
-! DEMOS - people
-! KRATIAS - rule
REPUBLIC
-! RES - concern
-! PUBLIKA people / public
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CONSTITUTIONAL LAW CHAPTER IV:
FUNDAMENTALS POWERS OF THE STATE

NOTE:
ALTRUISTIC FEELING unselfishly concerned for OR devoted to the welfare of others
POLICE POWER
DEFINITION: The power of promoting public welfare by RESTRAINING and REGULATING the use and
enjoyment of liberty and property (public welfare = common good)
SCOPE: Most PERVASIVE, LEAST LIMITABLE and MOST DEMANDING of the three powers
!
!
!
!
!
JUSTIFICATION:
o! Salus populi est suprema lex - The welfare of the people shall be the supreme law
o! Sic uteretuo ut aliuenum non laeds - So use your own as not to injure another's
property
CANNOT BE BARGAIN AWAY through the medium of TREATY OR A CONTRACT
TAXING POWER can be an implement of police power
EMINENT DOMAIN may be used as an implement to attain the police objective
RETROACTIVE APPLICATION OF EXERCISE OF POLICE POWER may reasonable impair
vested rights or contracts. Applicable not only to future contracts by also to those already in
existence
EXAMPLE IF VALID USE OF EXERCISE OF POLICE POWER
1.! Right of workers to security of tenure is guaranteed by the constitution BUT may be
reasonably regulated to safeguard health, morals, peace, education, order, safety and
general welfare of the people " people who engage in learned professions requiring
scientific or technical knowledge (ex. X-ray technician) may be required to take an
examination as a prerequisite to engaging in their chosen careers
2.! Constitutional right of every citizen to select a profession or course to study subject to fair,
reasonable and equitable admission and academic requirements " regulation in the field
of medicine " to protect the public from the potentially deadly effects of incompetence
and ignorance
3.! Right to bear arms " merely statutory privilege " not a property nor a property right
4.! Mining exploration permits " the state does not vest permanent or irrevocable right within
the purview of the non-impairment and due process clause " police power may alter,
modify or amend the same in accordance with the demands of the general welfare
5.! License to Operate a motor vehicle " nor a property right, but a mere privilege granted by
the state " the state may suspend or revoke it in the interest of public safety and welfare
6.! RA 9257 (Expanded Senior Citizens Act of 2003) " 20% discount privilege is applicable
to both prescription and non- prescription medicine
-! Property rights < general welfare
7.! Public Utilities" can regulate the rates imposed by public utilities
WHO EXERCISES POLICE POWER?
Diato, 2013400036
GENERAL RULE: INHERENTLY VESTED IN LEGISLATURE

EXCEPTION: Validly delegated by Congress to
o! President
o! Administrative Bodies
!
!
POLICE POWER
EMINENT DOMAIN
POWER OF TAXATION
is the power vested in the

legislature by the Constitution to
make, ordain, establish all manner
of wholesome and reasonable laws
for the good and welfare of the
State and its people.
governments right to appropriate, in the

nature of compulsory sale to the state,
private property for public use. Inherent
the power of the government to raise

revenue in order to
support its existence and carry out
legislative objectives
possessed by the national legislature, it

may be validly delegated to local
governments.
SIMILARITIES
INHERENT in the state

Exercised WITHOUT need of EXPRESS CONSTITUTIONAL GRANT
NECESSARY and INDISPENSABLE- State CANNOT be effective without them
METHODS which State INTERFERES WITH PRIVATE PROPERTY
Presupposes EQUIVALENT COMPENSATION
Exercised primarily by LEGISLATURES
DISTINCTIONS
REGULATIONS
Liberty and property
property rights
property rights
WHO MAY EXERCISE?
Government (Legislation)
Government and private entities
Exercised only by the government
Valid delegation by Congress:
(Congress)
(legislature)
-! Local legislative (constitution)
! President
Valid delegation of Congress:
-! Limited extent to the President
! Administrative bodies
-! President
when granted delegated tariff
! Lawmaking bodies of local
-! Administrative bodies
powers
government units
-! Local government units
! Local government units "
-! Private enterprises performing public
under the general welfare
services
clause
PROPERTY TAKEN
Noxious or intended for noxious
Wholesome and devoted to public use or Wholesome and devoted to public use
purpose and may thus be destroyed
purpose
or purpose
COMPENSATION
Intangible, altruistic feeling that the
Full and fair equivalent of the property
Protection given and/or public
individual has contributed to the
taken
improvements instituted by
public domain
government for taxes paid
LIMITATIONS
!
GENERALLY, the BILL OF RIGHTS, although in some cases the exercise of the power prevails over
specific constitutional guarantees.
!
The court may annul the improvident exercise of police power
Test for Valid Exercise
-! Necessity
! Due Process of Law
-! Lawful Subjects
-! Private Property
! Equal Protection Clause
-! Lawful Means
-! Taking
! Public Purpose
Additional Limitations
-! Public Use
! Tax for Special Purposes
-! Express Grant by Law
-! Just Compensation
-! Within Territorial Limits (LGU, -! Due of process of law
except when exercised to
protect water supply)
-! Must not be contrary to law.
!
!
!
!
!
!
o!
Lawmaking bodies of local government units
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!
!
o! Local government units " under the general welfare clause

RA 6399 & PD 269 " not authorize the President or any Administrative Body to take over the
internal management of a cooperative
Regulation by Local Legislature of land use in their respective territorial jurisdiction
through ZONING and RECLASSIFICATION valid exercise of police power " for the
protection and benefit of the residents of a locality.
Manila City Ordinance No. 8027 " reclassified the are from industrial to commercial " order
of cease and desist from operation of business within 6 months from effectivity of ordinance "
for sound urban planning, ensuring health, public safety and general welfare " valid exercise
of police power.
MMDA
o! Unlike legislative bodies of LGU, RA 7294 does not empower the MMDA to enact
ordinances for the inhabitants of Manila.
o! MMDA also not grated by law to confiscate, suspend or revoke drivers license
without need of any other legislative enactment
o! MMDA Wet Flag Scheme " not a valid exercise because there is already anti
jaywalking ordinances or traffic management codes " the latter is sufficient already.
President has the authority to provide for the establishment of the Greater Manila Mass
Transport System " EO 179 which designate MMDA as the implementing agency is ULTRA
VIRES because it should have been through the DOTC.
LIMITATIONS: Test for Valid Exercise of Police Power

1.! LAWFUL SUBJECTS
2.! LAWFUL MEANS
1.!
2.!
LAWFUL SUBJECT: Interest of the public in general from those of a particular class. Activity or
property sought to be regulated affects the general welfare
-! Examples:
o! Revoked Gambling franchises and permit by local governments " valid " gambling
is essentially antagonistic to the objectives of national productivity and self-reliance.
o! Conversion of existing mining leases and other mining agreements into productionsharing agreements " valid " lease/agreement by the state is subject to alteration
through a reasonable exercise of the police power of the state.
o! Pollution Adjudication Board " stopping the continuous discharge of pollution and
untreated effluents into the rivers and other inland waters " valid protecting vital
public interests
LAWFUL MEANS: The means employed area reasonably necessary for the accomplishment of
the purpose and NOT unduly oppressive on individual.
-! Police power concerns government enactments, which precisely interfere with personal
liberty or property to promote the general welfare or the common good
-! Examples:
o! COMELEC mandates that free print space of not less than " INVALID " there
was no emergency or imperious public necessity for the taking of the free space
o! CITY GOVERNMENT OF QC " required commercial cemetery owners to reserve
6% of the lots to paupers " invalid because this was more of the power of eminent
domain and would make the City liable to pay owners just compensation
ADDITIONAL LIMITATIONS
Diato, 2013400036
1.!
2.!
3.!
Express Grant by Law

Within Territorial Limits (LGU, except when exercised to protect water supply)
Must not be contrary to law.
-! An activity prohibited by law cannot, in the guise of regulation, be allowed;
-! An activity allowed by law may be regulated but not prohibited.
EXAMPLES:
-! Prohibited the establishment or operation of business providing certain forms of
amusement, entertainment or service facilities in the Ermita Area invalid because there
was no constitutional authority to stand on
-! Zoning classification police power NOT eminent domain
-! Imposing penalties for illegally parked motor vehicles " base on the traffic congestion
progress in population and economic centers " valid ordinance
REQUISITES FOR A VALID ORDINANCE

1.! Must not contravene the Constitution or any statute
2.! Must not be fair or oppressive
3.! Must not be partial or discriminatory
4.! Must not prohibit, but may regulate trade
5.! Must not be unreasonable
6.! Must be general in application and consistent with public policy
EMINENT DOMAIN
DEFINITION: also known as POWER OF EXPROPRIATION
Art. III Sec. 9 Private property shall not be taken for public use without just compensation
Art. XII. Sec. 18. The state may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and other private
enterprises to be operated by the government.
Art. XIII Sec. 4. The State shall, by law, undertake an agrarian reform program founded on the right of
farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the
case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage
and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention
limits as the Congress may prescribe, taking into account ecological, developmental, or equity
considerations, and subject to the payment of just compensation. In determining retention limits, the State
shall respect the right of small landowners. The State shall further provide incentives for voluntary landsharing.
Art. XIII. Sec. 9 The State shall, by law, and for the common good, undertake, in cooperation with the
private sector, a continuing program of urban land reform and housing which will make available at
affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban
centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens.
In the implementation of such program the State shall respect the rights of small property owners.
POLICE POWER
EMINENT DOMAIN
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Promote public welfare by restraining and regulating the
use of liberty and property
Property condemned: usually noxious or intended for a
noxious purpose, hence NO compensation is paid
Property right of individuals are subjected to restraints and
burdens in order to secure the general comfort, health and
prosperity of the state
Restricts the use of private property but none of the
property interests in the bundle of rights which constitute
ownership is appropriated for use by or for the benefit of
the public.
Inherent in the state to condemn private property to public

use upon payment of just compensation
Property is appropriated and applied to some public
purpose, there is need to pay compensation
!
!
Regulation of the use of the property and somebody else
acquires the use or interest, such restrictions constitute
Compensable Taking.
REQUISITES FOR THE EXERCISE

1.!
No aspect of the property is used by or for the benefit of

the public.
Even of deprivation is total and no one acquires the use
of the property or any interest non compensable
Property right is impaired by regulation, or the use of the
property is merely prohibited, regulated or restricted in
order to promote public welfare " no compensable
taking
Interest are appropriated and applied to some public

purpose and thus payment of just compensation is
necessary
2.!
EM need not be granted even by fundamental law because it is an INHERENT POWER OF STATE
Art. III Sec. 9 merely a limit on the governments exercise of this power measure of protection to the
individuals right to property.
Power of EM > Ejectment suit
EASEMENT OF RIGHT OF WAY acquisition of easement falls within the power of eminent domain
COURT THAT HAS JURISDICTION REGIONAL TRIAL COURT
! INCIDENTAL TO EXPROPRIATION PROCEEDING - Value of the property to be expropriated
is estimated in monetary terms by the court
! In the same proceeding " the court may hear the issue of ownership of the land sought to be
condemned " this extend only to the determination of who is entitled to be indemnified by the
expropriation. The courts ruling on ownership is not final and binding on the parties (can be
challenged)
PLAINTIFFS RIGHT TO DISMISS THE COMPLAINT NONE
! There is NO such thing as this right BECAUSE the landowner may have already suffered
damages at the start of the taking.
! Dismissal " is subject to the courts approval and to certain conditions
WHO MAY EXERCISE THE POWER:
! GENERAL RULE: Congress
! EXCEPTION: By Delegation
1.! President
2.! Administrative Bodies
Diato, 2013400036
3.! Local Government Units

4.! Private Enterprises performing public services
LGU no inherent power of eminent domain, must be expressly authorized by Congress (subject
to statutory requirement
Strict Construction will be made against the agency exercising the power of EM.
Power of eminent domain > (superior) to the final and executory judgment by the court in an
ejectment case
3.!
NECESSITY
! NECESSITY " must be of PUBLIC CHARACTER
! When exercised by legislature question of necessity is a political question
! When exercised by delegated power question of genuine necessity is judicial
question
! RTC has jurisdiction to address the issue of necessity in an expropriation
proceeding
PRIVATE PROPERTY
! Property already devoted to public use CANNOT be expropriated by a delegated
power (under a general grant of authority)
! GENERAL RULE: ALL PRIVATE PROPERTY capable of OWNERSHIP may be
expropriated (Even SERVICE may be expropriated)
! EXCEPT: money and choses in action
TAKING IN THE CONSTITUTIONAL SENSE
! INCLUDE:
o! Trespass without actual eviction of the owner
o! Material impairment of the value of the property or
o! The prevention of the ordinary uses for which the property was intended
(Ex. Easement, prohibition of impairing the view of the plaza)
o! Imposition of a burden upon the owner of the condemned property, without
loss of title or possession (easement) " Guiterrez Doctrine " the
easement would perpetually or indefinitely deprive owner thus
compensable
! REQUISITES FOR VALID TAKING
i.! Expropriator must enter a private property
ii.! Entry must be for more than momentary period
iii.! Entry must be under warrant or color of authority
iv.! Property must be devoted to public use or otherwise informally
appropriated or injuriously affected
v.! Utilization of the property must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the property
! Legitimize the possession the government may:
o! Institute expropriation proceeding or
o! Negotiated sale
! TAKING - also occurs when agricultural land are voluntarily offered by landowner
under PARC for CARP (stock distribution scheme Hacienda Luisita Case)
! Non-payment of compensation may go to court to demand payment
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4.!
5.!
PUBLIC USE
! Concept: general concept of meeting public need or public exigency. Synonymous
to public interest, public benefit, public welfare and public convenience.
! Flexible concept that it may cover those that are beneficially employed for the general
welfare. This may even cover those that merely redound to the indirect advantage or
benefit of the public.
! Even if only a few would benefit does not diminish the essence and character of public
use
! EXERCISED BY LOCAL GOVERNMENT UNIT: By express legislative authority
granted by Congress in Sec 19 RA 7160 " LGU may expropriate property for public
use, or purpose, or welfare, for the benefit of the POOR and the LANDLESS
! SANGGUNIANG BAYAN MUST PASS A LAW ALLOWING EXPROPRIATION "
THROUGH AND ORDINANCE
! Expropriation for Squatters or few tenants " Not for public use because there is no
perceptible benefit to the public
JUST COMPENSATION
a.! Concept: full and fair equivalent of the property taken, fair market value of the
property
! MARKET VALUE sum of money which a person, desirous but not
compelled to buy, and an owner, willing but no compelled sell, would agree
on a price to be given and received thereof
! CONSEQUENTIAL DAMAGES no actual taking is needed. This is
awarded if, as a result of the expropriation, the remaining property of the
owner suffers from impairment or decrease in value. IF ENTIRE
PROPERTY no consequential damages
! JUST COMPENSATION REQUIRES: correct amount + payment within a
reasonable time from its taking
! FULL AND FAIR EQUIVALENT OF THE PROPERTY equivalent being
Real, Substantial, Full and AMPLE
! FAIR MARKET VALUE determined by:
o! Character
o! price at the time of the actual taking
! JUST COMPENSATION considers the following factors + documentary
evidences
o! Acquisition cost
o! Current market value of like properties
o! Tax value of the condemned property
o! Size
o! Shape
o! Location
b.! Judicial Prerogative
! Ascertainment of what constitutes just compensation is a judicial
prerogative
! Legislative enactments / Executive Issuances on fixing or providing the
method of computing " COURTS will treat is as a mere guidelines in
ascertaining the amount of just compensation
c.! Need to Appoint Commissioners
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Expropriation case where the principal issue is determination of the

amount " a trial before the commissioner is indispensable (parties are
given a chance to present evidences)
! This is a substantial right
! Appointed by the court
! The court may substitute its computation for that of the commissioner
trial court has discretion on the commissioners report if he would apply or
not
! Trial by commissioner in AGRARIAN CASES not mandatory, and merely
discretionary before the special agrarian court
Form of Compensation
! GENERAL RULE: paid in Money
! EXCEPTION : In Agrarian Reform Cases " payment is allowed to be
partly in bonds because under the CARP it is not the traditional exercise
of eminent domain " revolutionary kind of expropriation
! AGRARIAN CASES: deposit of compensation must be in cash or Land
Bank Bonds " NO TRUST ACCOUNT (Isolated case was in Association
Doctrine which allowed Trust Account but it was done prior to the transfer
of title)
! IF LANDOWNER REJECTS/NO RESPONSE: the agency upon deposit
with an accessible bank designated by DAR in cash or Land Bank Bonds,
DAR will take immediate possession of the land and request from ROD to
issue transfer certificate
Withdrawal of Deposit by the Rejecting Landowner
! The court allows withdrawal by the rejecting landowner of the money
deposited in trust pending the determination of the valuation of property.
! Rejection of determination of landowner is merely exercising the right to
seek just compensation " if we deny withdrawal would mean penalizing
the exercise of a right
Reckoning Point of market value of the property
! GENERAL RULE: Compensation is determined as of the date of the filing
of the complaint for eminent domain OR the date of the taking (whichever
comes first)
! EXCEPTION: the time the parties signed the compromise agreement and
the same was approved " implied agreement to pay market value
Entitlement of owner to interest
! Compensation to be Just must be: correct amount + within a reasonable
time from the taking.
! Property is taken before compensation is deposited with the court, the final
compensation must include interest on its value to be computed from the
time the property is taken to the time when the compensation is actually
paid or deposited with the court.
! The state must pay landowner INTEREST, by way of damages, from the
time land is taken
! This is based on jurisprudence
!
TAKE NOTE OF THE DATE:
o! 12% - Until JUNE 30, 2013
!
d.!
e.!
f.!
g.!
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o! 6% - JULY 1, 2013
Who else may be entitled to just compensation
! Owner
! Includes all those who have lawful interest in the property
o! Mortgagee
o! lessee
o! vendee in possession under an executory contract
i.! Title to the Property
! GENERAL RULE: NOT PASS until after payment
! EXCEPT: under agrarian reform
! Landowner may still dispose the land condemned before payment of just
compensation
! Taxes paid by owner after taking by the expropriator are reimbursable
j.! Right of Landowner in case of Non-Payment of Just Compensation
! NON PAYMENT OF JUST COMPENSATION " NO RIGHT TO
RECOVER
! NON PAYMENT OF JUST COMPENSATION " DEMAND PAYMENT of
the fair market value of the property
! EXCEPTION: when there is deliberate refusal from the state to pay (nonpayment for years) " recovery may be made
DUE PROCESS OF LAW
! Defendant must be given an opportunity to be heard
! NOTICE: required. Informs the landowners of the intention to acquire the private land
upon payment of just compensation.
h.!
6.!
WRIT OF POSSESSION (Rules of Court, Rule 67 Section 2)

Section 2. Entry of plaintiff upon depositing value with authorized government depositary. Upon the filing
of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the
right to take or enter upon the possession of the real property involved if he deposits with the authorized
government depositary an amount equivalent to the assessed value of the property for purposes of taxation
to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu
thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of
the Philippines payable on demand to the authorized government depositary.
If personal property is involved, its value shall be provisionally ascertained and the amount to be deposited
shall be promptly fixed by the court.
After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the
plaintiff in possession of the property involved and promptly submit a report thereof to the court with service
of copies to the parties. (2a)
!
Issuance of WOP becomes ministerial upon:

1.! Filing of a complaint for expropriation sufficient in form and substance
2.! Upon deposit made by the government of the amount equivalent to the assessed value of
the property sought to be expropriated
PLAINTIFFS RIGHT TO DISMISS THE COMPLAINT IN EMINENT DOMAIN
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!
!
There is NO such thing as this right BECAUSE the landowner may have already suffered
damages at the start of the taking.
Dismissal " is subject to the courts approval and to certain conditions
RIGHT TO REPURCHASE OR RE-ACQUIRE THE PROPERTY

! Depends on the character of the title acquired by the expropriator.
! Example: If it was expropriated for a particular purpose with the condition that when the land is
abandoned or purpose is ended then land can revert to its owner " valid re acquisition.
EXPORPRIATION UNDER SEC 18 ART. XII
SEC 18 ART. XII
SEC 17 ART. XII
Section 18. The State may, in the interest of national

welfare or defense, establish and operate vital industries
and, upon payment of just compensation, transfer to
public ownership utilities and other private enterprises to
be operated by the Government.
Section 17. In times of national emergency, when the

public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any
privately-owned public utility or business affected with
public interest.
This means " TEMPORARY takeover, it extends only
to the operation of the business and NOT to the
ownership.
This means CONGRESS not the President
EXPROPRIATION UNDER SECS 4 AND 9 ART XIII

AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers
and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and
undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention
RA 6657 (COMPREHENSIVE AGRARIAN REFORM LAW)
! Constitutional " exercise of police power using eminent domain as an instrument to
accomplish the police objective
! Taking of private property for AGRARIAN REFORM is an exercise of eminent domain and not
involve police power
POLICE POWER
EMINENT DOMAIN
CARL prescribes retention limits to the
landowners, there is an exercise of police power
for the regulation of private property in
accordance with the Constitution
Where to carry such regulation, the owners

are deprived of the lands they own in excess
of the maximum area allowed. There is taking
under eminent domain.
URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private
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sector, a continuing program of urban land reform and housing which will make available at affordable cost,
decent housing and basic services to under-privileged and homeless citizens in urban centers and
resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the rights of small property owners.
RA 7279 (URBAN DEVELOPMENT AND HOUSING ACT OF 1992)
! Urban land reform has become a paramount task of the government especially in urban areas
where there is shortage of decent housing
! This is not absolute. Should follow the basic rules of just compensation and no deprivation of
property under the Bill of Rights.
! Under said law: privately owned land ranks last (or 6th) in order of priority for purposes of
socialized housing.
! Privately owned land should be resorted only when other modes of acquisition have been
exhausted
! MODE OF APPROPRIATION is subject to 2 condition
1.! It shall be resorted only when the other modes of acquisition have been exhausted
2.! Parcels owned by small property owners are exempt from acquisition (owners in residential
with area not more than 300 sq.m. in highly urban areas or not more than 800 sq.m in other
urban areas, and they do not own other residential property other than the same.)
! RANK:
1.! Government lands
2.! Alienable lands of the public domain
3.! Unregistered, abandoned or idle lands
4.! Lands within the declared Areas for Priority Development Zonal Improvement
Programs Sites
5.! BLISS sites which have not yet been acquired
6.! Privately owned lands
POWER OF TAXATION
DEFINITION, NATURE AND SCOPE OF POWER
BASED ON TAXATION 1: ATTY. DIZONS BOOK
TAXES: enforced proportional contributions from persons and property, levied by the State by
virtue of its sovereignty, for the support of the government and for all public needs.
-! TO TAX: to impose a financial charge or other levy upon a tax payer by a state or the functional
equivalent of a state.
-! Amount of tax collected by the taxing authority from the public is always greater than the amount
to be expended for public purpose. COMPLIANCE COST: resulting difference; which includes
labor cost and other expenses incurred in complying with tax laws and rules.
-! HYPOTHECATION: levy of a tax for a specified end (e.g. imposing a tax on vehicles to be used
on road construction rehabilitation and maintenance)
-!
Governments perspective
Taxpayers perspective
Economists perspective
Power by which the sovereign,

through its lawmaking body,
Compulsory transfer of
money (or goods) from
Non-penal, yet compulsory

transfer of resources from the
Diato, 2013400036
raises revenue to defray the

necessary expenses of the
government.
A way of apportioning the
costs of government among
those who in some measure
are privileged to enjoy its
benefits and must bear its
burdens.
private
individuals,
institutions or groups to the
government. It may be levied
upon wealth or income, or in
the form of a surcharge on
prices.
Destructive power which
interferes with the personal
and property rights of the
people and takes from them
a portion of their property
for the support of the
government.
private to the public sector

levied on a basis of
predetermined criteria and
without reference to specific
benefit received.
WHO MAY EXERCISE

! PRIMARILY: LEGISLATURE and LOCAL LEGISLATIVE BODIES
o! Art. X Sec. 5. Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees and charges subject to such guidelines
and limitations as the Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments.
! CERTAIN EXTENT: PRESIDENT when granted the delegated TARRIFF POWERS
o! Art. VI Sec. 28 (2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the
Government.
LIMITATIONS
1.! DUE PROCESS OF LAW
o! tax should not be confiscatory.
o! Legislature has the discretion to determine the nature, object, extent, coverage and situs of
taxation
o! Power to tax cannot override constitutional prescriptions
2.! EQUAL PROTECTION CLAUSE
o! Taxes should be:
a.! uniform
b.! equitable
3.! PUBLIC PURPOSE
a.! TAX FOR SPECIAL PURPOSES is a special fund and paid out for such purpose
only; when purpose is fulfilled, the balance, if any, shall be transferred to the general
funds of the Government
DOUBLE TAXATION
o! Additional taxes are laid on the SAME SUBJECT by the SAME TAXING JURISDICTION during
the SAME TAXING PERIOD and for the SAME PURPOSE.
o! No constitutional prohibition. It is not forbidden by our fundamental law . It is not favored
but is still permissible Discretion of the Legislative
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o!
NOT BE ALLOWED IF: it will result in a violation of the equal protection clause
TAX EXEMPTION
o! Requisite: Art. VI Sec 28 (4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
o! EXEMPTED PROPERTIES:
1.!Art. VI Sec 28 (3)
a.! Charitable institutions,
b.! churches and
c.! personages or convents appurtenant thereto,
d.! mosques,
e.! non-profit cemeteries,
f.! and all lands, buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from taxation.
2.! Art. XIV Sec. 4(3): All revenues and assets of non-stock, non-profit educational institutions
used actually, directly, and exclusively for educational purposes shall be exempt from taxes
and duties. Upon the dissolution or cessation of the corporate existence of such institutions,
their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may
likewise be entitled to such exemptions, subject to the limitations provided by law,
including restrictions on dividends and provisions for reinvestment.
3.! Art. XIV Sec. 4(4): (4) Subject to conditions prescribed by law, all grants, endowments,
donations, or contributions used actually, directly, and exclusively for educational purposes
shall be exempt from tax.
o! TAX EXEMPTION GRANTED GRATUITOUSLY: may be revoked at will. If Granted for a
valuable consideration, revocation is NOT at will.
SUPREMACY OF THE NATIONAL GOVERNMENT OVER LOCAL GOVERNMENT IN MATTERS OF

TAXATION
-! Local government invoke the power to tax national government instrumentalities " it should be
construed STRICTLY AGAINST LOCAL GOVERNMENT,
-! Tax is never presumed and there must be clear language in the law imposing the law.
LECTURE:
Police power does not appear in the 1987 Constitution it can be drawn from the Preamble
promotion of common good
-! Police Power has NO clear definition to make it adaptable to changing
circumstances
-! Limitations of the Inherent Power Bill of Rights
-! Definition of Police Power the power of promoting public welfare by restraining
and regulating the use of liberty and property
-! Salus Populi est Suprema Lex
-! Who exercises police power It is the Legislature but can be delegated to the:
o!
President
o! Administrative Agency
o! Local Government Unit
-!
POLICE POWER VS TAXATION: distinction rest in the purpose for which the charge is made
POLICE POWER
TAXATION
o! Regulation is the primary purpose, the fact that revenue o! Generation of revenue is the primary purpose and
is incidentally raise does not make the imposition a tax
regulation is merely incidental, the imposition is a
TAX
LICENSE FEE VS TAX

LICENSE FEE
-! Police measure
-! Amount collected: limited to cost of permit and
reasonable police regulation (except when license
fee is imposed on a non-useful occupation)
-! Paid for the privilege of doing something and may be
revoked when public interest so requires
TAX
-!
-!
Revenue measure
Impose on persons or property for
revenue
KINDS OF LICENSE FEE

1.! For USEFUL OCCUPATION or ENTERPRISES
2.! For NON USEFUL OCCUPATIONS or ENTERPRISES when a license fee is imposed in
order to discourage non-useful occupations or enterprises, the amount imposed may be a
bit exorbitant
Diato, 2013400036
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CONSTITUTIONAL LAW CHAPTER V:
PRINCIPLE AND STATE POLICIES

LECTURE:
1935 Constitution has 5 Principles
1987 Constitution has 6 Principles and 22 State Policies
Circumstances affecting the 1935 Constitution
1.! Treaty of Paris
2.! Philippine American War
3.! Claim for Independence
-! 1935 1973 Significant Events
1.! WWII
2.! Independence
3.! Martial Law
4.! Fourth Quarter Storm
-! 1973 to 1987 Significant Events
1.! EDSA People Power
2.! Snap Election
3.! Freedom Constitution
4.! Assassination of Ninoy Aquino
5.! Series of Coup d etat
-!
-!
-!
PREAMBLE:
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and
establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
Not confer rights NOR impose duties

Indicate AUTHORSHIP of the Constitution
Enumerates the PRIMARY AIMS and ASPIRATION of the framers
Serves as an AID IN THE CONSTRUCTION of the CONSTITUTION
PRINCIPLE
REPUBLICANISM
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
ESSENTIAL FEATURES
! Representation
! Renovation
o!
modernization, restoration, redecoration, refurbishment, revamping, makeover, reconditioning,

rehabilitation, overhauling, repair, redevelopment, rebuilding, reconstruction, remodeling,
updating, improvement
MANIFESTATIONS
! Government of LAWS not of men
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!
!
!
!
!
!
Rule of MAJORITY (election: rule of plurality)

ACCOUNTABILITY of public officials
Existence of the BILL OF RIGHTS
Legislature CANNOT PASS IRREPEALABLE LAWS
SEPARATION OF POWERS
DELEGATION OF POWERS
SEPARATION OF POWERS
! PURPOSE: prevent concentration of authority in one person or group of persons that might lead
to an irreversible error or abuse in its exercise to the detriment of republic institutions
! LECTURE:
o! Started with Montesuieu (Spirits of Laws) he believed that despotism is bad
thus separation of work is good.
o! Madison a young lawyer " read on separation of Montesquieu " he presented
separation of powers in the US constitution
! NOT DOCTRINAIRE: seeking to impose a doctrine in all circumstances without regard to
practical considerations.
o! NOT PENDANTIC RIGOR: dogmatic, inflated, learned, sesquipedalian
o! NOT INDEPENDENC BUT INTERDEPENDENCE
! PRINCIPLE OF BLENDING OF POWERS powers are not confined exclusively within one
department but are assigned to or shared by several departments (ex. General Appropriation
Law)
! PRINCIPLE OF CHECKS AND BALANCES allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or excesses committed by the other departments (ex.
Veto power of the President over Legislative)
! ROLE OF THE JUDICIARY: Sec1 Art VIII includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.
o! Judiciary upholds the supremacy of the constitution
o! Valid exercise? Know whether or not the power has been constitutionally conferred
upon the department claiming its exercise.
o! DOCTRINE OF NECESSARY IMPLICATION that the grant of an express power
carries with it all other powers that may be reasonable inferred from it, (inherent or
incidental
o! LECTURE
!! THEORY OF RESIDUAL POWER (INHERENT POWERS)
!! Marcos vs. Manglapus " Pres. Cory acted with residual power to
stop the return of Marcos body in the Philippines
!! Based on Constitution : Executive Department Sec 1.
!! This was copied from the US but change from a to the " making
our provision on the executive department more powerful
o! POLITICAL AND JUSTICIABLE QUESTIONS
POLITICAL
Question of policy
JUSTICIABLE
Implies a given right, legally demandable
and enforceable, and an act or omission
violative of such right, and a remedy granted
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Question which, under the constitution, are
to be decided by the people in their
sovereign capacity, or in regard to which full
discretionary authority has been delegated
to the legislative or executive branch
and sanctioned by law for said breach or

right
Issues dependent upon the wisdom, not

legality, of a particular measure
LIMITED by 2nd paragraph Sec 1 Art VIIII "
if there is grave abuse of discretion
o!
o!
o!
o!
INDEPENDENC OF THE JUDICIARY: doctrine of separation of powers is an

essential component of our democratic and republican system. It is part of an
underlying principle that constitutes the bedrock of SYSTEM OF CHECKS AND
BALANCES in government.
BRANCHES OF THE GOVERNMENT IS: separate, co-equal, coordinate and
supreme within its own sphere
PRINCIPLE OF COMITY practice of voluntarily observing interdepartmental
courtesy undertaking their assigned constitutional duties from the harmonious
working government
DELIBERATIVE PROCESS PRIVILEGE: Privileges against disclosure of official
records create a hierarchy of rights that protect certain confidential relationships over
and above the publics evidentiary need. In the judiciary these are:
1.! Result of the raffle cases
2.! Actions taken by the court on each case included in the agenda of
the courts session
3.! Deliberations of the members in court sessions on cases and kinds
of matters pending before it
!! The Privilege is not exclusive to the SC. Executive Sessions of Congress
are recognized as confidential.
!! The said privilege extends to documents and other communications which
are part of or are related to the deliberative process.
!! To be considered privilege it must show that it is: predecisional AND
deliberative
PREDECISIONAL
If it precedes, in temporal sequence,
the decision to which it relates.
DELIBERATIVE
If it reflects the give-and-take of the
consultative process
Communications are considered

predecisional if they were made in the
attempt to reach a final conclusion
!!
!!
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KEY QUESTION: whether or not disclosure of the information would

discourage candid discussion within the agency
OTHER GROUNS TO DENY ACCESS TO COURT RECORDS:
1.! Disqualification by reason of privileged communication
2.! Pendency of an action or matter
DELEGATION OF POWERS
o! potestas delegate non potest delegare ("no delegated powers can be further
delegated.") - Delegated power constitute not only a right but a duty to be performed
by the delegate through the instrumentality of his OWN judgment and not through the
intervening mind of another
o!
NOTE: Delegation of powers, in law, the transfer of authority by one person or group to
another person or group
o!
PERMISSIBLE DELEGATION:
!! TARIFF POWERS OF THE PRESIDENT
! ART VI SEC 28(2) (2) The Congress may, by law, authorize
the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national
development program of the Government.
!! EMERGENCY POWERS OF THE PRESIDENT
! ART VI SEC 23(2) (2) In times of war or other national
emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall
cease upon the next adjournment thereof.
DECLARE A STATE OF EMERGENCY

Section 18. The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public safety requires it,
he may, for a period not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus, the President
shall submit a report in person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety requires it.
EXERCISE EMERGENCY POWERS

Section 17. In times of national
emergency, when the public interest so
requires, the State may, during the
emergency and under reasonable terms
prescribed by it, temporarily take over or
direct the operation of any privatelyowned public utility or business affected
with public interest
NOTE:
***STATE CONGRESS, it is only when
congress delegates it to the President,
when the latter can exercise it
The Congress, if not in session, shall, within twenty-four hours following

such proclamation or suspension, convene in accordance with its rules
without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law
or the suspension of the privilege of the writ of habeas corpus or the
extension thereof, and must promulgate its decision thereon within thirty
days from its filing.
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A state of martial law does not suspend the operation of the Constitution,
nor supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend
the privilege of the writ of habeas corpus.
!
o!
The suspension of the privilege of the writ of habeas corpus shall apply only
to persons judicially charged for rebellion or offenses inherent in, or directly
connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
!!
DELEGATION TO THE PEOPLE

REFERENDUM
is the power of the electorate to approve
or reject a legislation through an election
called for the purpose. It may be of two
classes, namely:
1.! Referendum on statutes
which refers to a petition to
approve or reject an act or
law, or part thereof, passed
by Congress; and
2.! Referendum on local law
which refers to a petition to
approve or reject a law,
resolution or ordinance
enacted
by
regional
assemblies and local
legislative bodies.
1.!
2.!
Referendum
Plebiscite
3.!
Recall - It is a means by which local officials may be removed from

the office even before the expiration of their term of office by a
vote of the resident
Initiative - It is a process whereby the people are given the
opportunity to directly propose or enact laws. This can also be
used by the people in proposing changes to the fundamental law
of the land.
4.!
!!
!!
Diato, 2013400036
PLEBISCITE
electoral process by which an
initiative on the Constitution is
approved or rejected by the
people.
DELEGATION TO THE LOCAL GOVERNMENT UNITS

! Such legislation is not regarded as a transfer of general
legislative power, but rather as the grant of the authority to
prescribe local regulations, according to immemorial practice,
subject, of course, to the interposition of the superior in cases
of necessity
! Local legislature is more knowledgeable than the national
lawmaking body on matters of purely local concern
DELEGATION TO ADMINISTRATIVE BODIES
Power of SUBORDINATE LEGISLATION
TEST FOR VALID DELEGATION

1.! COMPLETENESS TEST - This means that the law must be complete in all its
terms and conditions when it leaves the legislature so that when it reaches the
delegate, it will have nothing to do but to enforce it
2.! SUFFICIENT STANDARD TEST - The law must offer a sufficient standard to
specify the limits of the delegates authority, announce the legislative policy and
specify the conditions under which it is to be implemented.
THE INCORPORATION CLAUSE

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
READ ALONG WITH THE
! Preamble
! Secs 7 & 8 Art II - INDEPENDENT FOREIGN POLICY AND NUCLEAR FREE PHILIPPINES
! Sec 25 Art XVIII: After the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning military bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred
in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by
the people in a national referendum held for that purpose, and recognized as a treaty by the
other contracting State.
RENUNCIATION OF WAR historical development of the policy condemning or outlawing war in the
international scene
1.! COVENANT OF THE LEAVE OF NATIONS conditions for the right to go to war
2.! KELLOGG-BRIAND PACT OF 1928 also known as GENERAL TREATY FOR THE
RENUNCIATION OF WAR, ratified by 62 states, which forbade war as an instrument of national
policy
3.! CHARTER OF THE UNITED NATIONS- prohibits the threat or use of force against the territorial
integrity or political independence of a state
DOCTRINE OF INCORPORATION by virtue of this clause, our courts apply the rules of international law
in a number of cases even if it has not been previously been subject of statutory enactments "
GENERALLY ACCEPTED PRINCIPLES IN INTERNATIONAL LAW " automatically becomes part of our
laws
! GENERALLY ACCEPTED PRINCIPLE OF INTERNATIONAL LAW refers to norms of general
or customary international law which are binding on all states
! 1987 CONSTITUTION international law become part of the sphere of domestic law either by
TRANSFORMATION OR INCORPORATION
TRANSFORMATION
INCORPORATION
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Method requires that an international law
principle be transformed into domestic law
through a constitutional mechanism, such as
local legislation
!
Applies when by mere constitutional

declaration, international law is deemed to
have the force of domestic law
DOCTRINE is applicable IF THERE IS CONFLICT between a rule of international law and the
provisions of the constitute/local statute:
o! First harmonize
o! If irreconcilable: municipal law should be upheld by the municipal courts (because our
constitution is the supreme law of the law)
CIVILIAN SUPREMACY
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.
THIS PROVISION IS STRENGTHENED AND APPLIED BY THE FOLLOWING CONSTITUTIONAL
PROVISIONS:
! The Command in Chief Clause - ART VII SEC 18
! Requirement that AFP members shall swear to uphold and defend the constitution - ART XVI
SEC 5 (1)
! AFP members shall respect the peoples rights in the performance of their duty - ART XVI SEC
5 (2)
! Professionalism in the armed forces; and insulations of the AFP from partisan politics - - ART
XVI SEC 5 (3)
!
Prohibition against appointing AFP members in the active service to a civil position- ART XVI
SEC 5 (4)
! Compulsory retirement of officers without extension of service - ART XVI SEC 5 (5)
! Proportional recruitment from all provinces and cities; to avoid a regional clique in the AFP - ART
XVI SEC 5 (6)
! A 3 year limit on the tour of duty of the AFP Chief of Staff, although extendible by the President
in case of emergency declared by - ART XVI SEC 5 (7)
! Establishment of a police force that is civilian in character - ART XVI SEC 6
DUTY OF GOVERNMENT: PEOPLE TO DEFEND THE STATE
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.
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
ARTICLE XVI
Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall
undergo military training and serve as may be provided by law. It shall keep a regular force necessary for
the security of the State.
Diato, 2013400036
Section 5.
(1) All members of the armed forces shall take an oath or affirmation to uphold and defend this
Constitution.cralaw
(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and
respect for people's rights in the performance of their duty.cralaw
(3) Professionalism in the armed forces and adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed forces shall be insulated from partisan
politics.cralaw
No member of the military shall engage, directly or indirectly, in any partisan political activity, except
to vote.cralaw
(4) No member of the armed forces in the active service shall, at any time, be appointed or
designated in any capacity to a civilian position in the Government, including government-owned
or controlled corporations or any of their subsidiaries.cralaw
(5) Laws on retirement of military officers shall not allow extension of their service.cralaw
(6) The officers and men of the regular force of the armed forces shall be recruited proportionately
from all provinces and cities as far as practicable.cralaw
(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However,
in times of war or other national emergency declared by the Congress, the President may extend
such tour of duty.
Required to registrer in the military, refusal is not allowed. This is a violation of Commonwealth Act 1 Section
60:
SECTION 60. Any person failing to register for military service as herein provided shall, upon
conviction, be sentenced to serve not more than one year in prison or to pay a fine of not to
exceed two thousand pesos or both, at the discretion of the court. Conviction for this offense
shall not exempt the person convicted from the military service herein required.
Right to BEAR ARMS:
! merely a statutory right NOT a constitutional right.
! License to carry such is neither a property nor a property right
! No vested rights to own arms
! Maintenance of peace and order and protection of people > right to bear arms
SEPARATION OF CHURCH AND STATE
Section 6. The separation of Church and State shall be inviolable.
REINFORCED BY:
! Freedom of Religion Clause Art III Sec 5
! Religious Sect cannot be registered as political party Art IX-C Sec 2(5)
! No sectoral representative from the religious sector Art VI Sec 5(2)
! Prohibition against appropriation for sectarian benefit Art VI Sec 29(2)
EXCEPTIONS:
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!
!
!
!
Churches, parsonages, etc actually, directly and exclusively used for religious purposes shall be
exempt from taxation Art VI Sect 28 (3)
Prohibition against appropriation for sectarian benefit, except when the priest or ecclesiastical is
assigned to the armed forces, or to any penal institution or government orphanages or
leprosarium Art VI Sec 29(2)
Optional religious instruction for public elementary and high school students Art XIV Sec 3 (3)
Filipino ownership requirement for educational institutions, except those established by religious
groups and mission boards Art XIV Sec 4 (2)
STATE POLICIES
INDEPENDENT FOREIGN POLICY AND NUCLEAR FREE PHILIPPINES
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
ARTICLE II
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 XVIII
Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the
United States of America concerning military bases, foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress
so requires, ratified by a majority of the votes cast by the people in a national referendum held for that
purpose, and recognized as a treaty by the other contracting State.
Secretary of Justice Opinion (1988) consistent with the national interest is a declarative statement and
is not subject to determination by Congress or any other government body
VFA " valid, the courts role is merely to check whether there is violation of the constitution and not that
said agency erred or has a different view. The VFA gave legitimacy to the Balikatan exercises
JUST AND DYNAMIC SOCIAL ORDER
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.
Read PREAMBLE
PROMOTION OF SOCIAL JUSTICE
Section 10. The State shall promote social justice in all phases of national development.
Diato, 2013400036
SOCIAL JUSTICE (Calalang vs Williams 70 Phil 725)

Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the
humanization of laws and the equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be approximated. Social
justice means the promotion of the welfare of all the people, the adoption by the Government of
measures calculated to insure economic stability of all the competent elements of society,
through the maintenance of a proper economic and social equilibrium in the interrelations of the
members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra- constitutionally, through the exercise of powers
underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.
LECTURE: Justice Laurel made a formula for Constitutional Harmony
o! Life with Liberty is a blessing
o! Life without liberty is a misery
o! Liberty over authority is anarchy
o! Authority over Liberty is slavery
o! Balance of Liberty and Authority is peace, order and happiness
RESPECT FOR HUMAN DIGNITY AND HUMAN RIGHTS
Section 11. The State values the dignity of every human person and guarantees full respect for human
rights.
ARTICLE XIII
HUMAN RIGHTS
Section 17.
(1) There is hereby created an independent office called the Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and four Members who must be naturalborn citizens of the Philippines and a majority of whom shall be members of the Bar. The term
of office and other qualifications and disabilities of the Members of the Commission shall be
provided by law.cralaw
(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.cralaw
(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.cralaw
Section 18. The Commission on Human Rights shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and
legal aid services to the under-privileged whose human rights have been violated or need
protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
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(5) Establish a continuing program of research, education, and information to enhance respect
for the primacy of human rights;
(6) Recommend to Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government's compliance with international treaty obligations on
human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the performance of
its functions;
(10) Appoint its officers and employees in accordance with law; and cralaw
(11) Perform such other duties and functions as may be provided by law.cralaw
Art. 52. Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and
incidents are governed by law and not subject to stipulation, except that the marriage settlements may to a
certain extent fix the property relations during the marriage. (n)
Section 19. The Congress may provide for other cases of violations of human rights that should fall within
the authority of the Commission, taking into account its recommendations.
RA 7610: Penalizes child prostitution and other sexual abuses " base on the policy of the state to provide
special protection to children from all forms of abuse
Eviction of squatters and the demolition of stalls, sari sari stores and carinderia " not within human rights
violation involving political and civil rights
RH LAW: this does not violate the right of an unborn child. Contraceptive actually prevents the union or
take action before fertilization should be deemed non-abortive. The IRR was the one who gravely abused
its discretion when they redefined the meaning of abortifacient.
FAMILY AND YOUTH

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.
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected
by the State.cralaw
Section 3. The State shall defend:
(1) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;
(2) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development;
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.
Diato, 2013400036
Section 4. The family has the duty to care for its elderly members but the State may also do so through just
programs of social security.
CIVIL CODE
Title III. - MARRIAGE
CHAPTER 1
REQUISITES OF MARRIAGE
ARTICLE II SEC 12: gives importance on the role of parents in the development of their children. Parents
right to their childs upbringing is superior over the state
CONVENTION ON THE RIGHTS OF THE CHILDREN - ratified by the Philippines. It defined a child to
mean every human being below the age of 18. It guarantees nationality to a child who would be stateless
FUNDAMENTAL EQUALITY OF MEN AND WOMEN
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.
LECTURE: Cecilia Munoz " instructed on how to write in style in the provisions " thus law of WOMEN
and men, women came first before men
ARTICLE XIII
WOMEN
Section 14. The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation.
Disqualification from work of a women who contracts marriage " INVALID, it is discriminatory (PLDT vs
NLRC)
PROMOTION OF HEALTH AND ECOLOGY
Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.
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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.
HIGHEST PRIORITY TO EDUCATION " merely directory, Congress cannot be limited that it would be
deprived of its power to respond to the imperatives of national interest, policies and objectives
ARTICLE XIII
HEALTH
Section 11. The State shall adopt an integrated and comprehensive approach to health development which
shall endeavor to make essential goods, health and other social services available to all the people at
affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women,
and children. The State shall endeavor to provide free medical care to paupers.
PROTECTION TO LABOR
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Section 12. The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health, manpower development, and research, responsive to the country's health
needs and problems.
ARTICLE III
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.
ARTICLE IX-B
Section 2.
(5) The right to self-organization shall not be denied to government employees.
Section 13. The State shall establish a special agency for disabled person for their rehabilitation, selfdevelopment, and self-reliance, and their integration into the mainstream of society.
Oposa vs Factoran " right to a balanced and healthful ecology need not be written in the Constitution
because it is already guaranteed in the Bill of Rights and it exist from the inception of mankind and it is
important in the CONCEPT OF TRANSCENDENTAL IMPORTANCE WITH INTERGENERATIONAL
IMPLICATIONS
PRIORITY TO EDUCATION, SCIENCE, TECHNOLOGY
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports
to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and
development
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS EDUCATION
Section 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;
(2) Establish and maintain, a system of free public education in the elementary and high school
levels. Without limiting the natural rights of parents to rear their children, elementary education
is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies,
and other incentives which shall be available to deserving students in both public and private
schools, especially to the under-privileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational
efficiency, and other skills.
SCHOOLS must first obtain government authorization before operations " this is based on our
constitution that educational programs shall be good quality
Diato, 2013400036
ART XIII
LABOR
Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its
just share in the fruits of production and the right of enterprises to reasonable returns to investments, and
to expansion and growth.
MAGNA CARTA FOR DISABLED PERSON RA 7277 " allow qualified disabled persons to be granted the
same terms and conditions of employment as qualified able- bodied employees
Protection of OFWs through mechanisms for the protection of our workforce
SELF-RELIANT AND INDEPENDENT ECONOMIC ORDER
Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
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Section 1. The goals of the national economy are a more equitable distribution of opportunities, income,
and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit
of the people; and an expanding productivity as the key to raising the quality of life for all, especially the
under-privileged.
Taking into account the requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain
which may be acquired, developed, held, or leased and the conditions therefor.cralaw
The State shall promote industrialization and full employment based on sound agricultural development and
agrarian reform, through industries that make full and efficient use of human and natural resources, and
which are competitive in both domestic and foreign markets. However, the State shall protect Filipino
enterprises against unfair foreign competition and trade practices.cralaw
Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands
and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be increased nor diminished, except by law. The Congress
shall provide for such period as it may determine, measures to prohibit logging in endangered forests and
watershed areas.cralaw
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum
opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective
organizations, shall be encouraged to broaden the base of their ownership.cralaw
Section 5. The State, subject to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.cralaw
Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are
owned by the State. With the exception of agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of natural resources shall be under the full control
and supervision of the State. The State may directly undertake such activities, or it may enter into coproduction, joint venture, or production-sharing agreements with Filipino citizens, or corporations or
associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may
be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under
such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply
fisheries, or industrial uses other than the development of water power, beneficial use may be the measure
and limit of the grant.cralaw
The Congress may provide for the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.cralaw
The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.cralaw
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and
lagoons.cralaw
The President may enter into agreements with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and conditions provided by law, based on real contributions
to the economic growth and general welfare of the country. In such agreements, the State shall promote
the development and use of local scientific and technical resources.cralaw
The President shall notify the Congress of every contract entered into in accordance with this provision,
within thirty days from its execution.cralaw
Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and
national parks. Agricultural lands of the public domain may be further classified by law according to the uses
to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands.
Private corporations or associations may not hold such alienable lands of the public domain except by lease,
for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to
exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.cralaw
Diato, 2013400036
Section 6. The use of property bears a social function, and all economic agents shall contribute to the
common good. Individuals and private groups, including corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty
of the State to promote distributive justice and to intervene when the common good so demands.cralaw
Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except
to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.cralaw
Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines
who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided
by law.cralaw
Section 9. The Congress may establish an independent economic and planning agency headed by the
President, which shall, after consultations with the appropriate public agencies, various private sectors, and
local government units, recommend to Congress, and implement continuing integrated and coordinated
programs and policies for national development.cralaw
Until the Congress provides otherwise, the National Economic and Development Authority shall function as
the independent planning agency of the government.cralaw
Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least
sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investments. The Congress shall enact measures that will encourage the
formation and operation of enterprises whose capital is wholly owned by Filipinos.cralaw
In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State
shall give preference to qualified Filipinos.cralaw
The State shall regulate and exercise authority over foreign investments within its national jurisdiction and
in accordance with its national goals and priorities.cralaw
Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility
shall be granted except to citizens of the Philippines or to corporations or associations organized under the
laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens; nor shall such
franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither
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shall any such franchise or right be granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign investors in the governing
body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the
executive and managing officers of such corporation or association must be citizens of the
Philippines.cralaw
Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make them competitive.cralaw
Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and
arrangements of exchange on the basis of equality and reciprocity.cralaw
Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen
in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate
its transfer for the national benefit.cralaw
The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed
by law.cralaw
Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as
instruments for social justice and economic development.cralaw
Section 16. The Congress shall not, except by general law, provide for the formation, organization, or
regulation of private corporations. Government-owned or controlled corporations may be created or
established by special charters in the interest of the common good and subject to the test of economic
viability.cralaw
Section 17. In times of national emergency, when the public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of
any privately-owned public utility or business affected with public interest.cralaw
Section 18. The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and other private
enterprises to be operated by the Government.cralaw
Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.cralaw
Section 20. The Congress shall establish an independent central monetary authority, the members of whose
governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the
majority of whom shall come from the private sector. They shall also be subject to such other qualifications
and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of
money, banking, and credit. It shall have supervision over the operations of banks and exercise such
regulatory powers as may be provided by law over the operations of finance companies and other
institutions performing similar functions.cralaw
Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws,
shall function as the central monetary authority.cralaw
Diato, 2013400036
Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or guaranteed by the Government shall be made available
to the public.cralaw
Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical
to the national interest and subject to criminal and civil sanctions, as may be provided by law.
THE WTO " not violate Sec 19 of Article II nor Sec 10 and 12 of Art XII " said section should be read
with the other provisions which require the pursuit of trade policies for the general welfare and it may utilize
all forms and arrangements in exchange on the basis of equality and reciprocity.
o! Article II is not self executing "they are merely guidelines for legislation
FREE ENTERPRISE AS POLICY " it does not call for the removal of protective regulations. It must be
proven that said protective regulations resulting restraint of trade
RA 8762 Retail Trade Liberalization Act of 2000 " even if it imposes effective control of the economy by
Filipino Entrepreneurs " not impose policy of Filipino monopoly
LAND REFORM
Section 21. The State shall promote comprehensive rural development and agrarian reform.
ARTICLE XIII
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers
and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and
undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention
Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers' organizations to participate in the planning, organization, and
management of the program, and shall provide support to agriculture through appropriate technology and
research, and adequate financial, production, marketing, and other support services
Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in
accordance with law, in the disposition or utilization of other natural resources, including lands of the public
domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be
distributed to them in the manner provided by law.
Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to
the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide
support to such fishermen through appropriate technology and research, adequate financial, production,
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and marketing assistance, and other services. The State shall also protect, develop, and conserve such
resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign
intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing
resources.
Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform
program to promote industrialization, employment creation, and privatization of public sector enterprises.
Financial instruments used as payment for their lands shall be honored as equity in enterprises of their
choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private
sector, a continuing program of urban land reform and housing which will make available at affordable cost,
decent housing and basic services to under-privileged and homeless citizens in urban centers and
resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the rights of small property owners.
Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in
accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and
the communities where they are to be relocated.
INDIGENOUS CULTURAL COMMUNITIES
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.
ARTICLE VI
Section 5.
(2) The party-list representatives shall constitute twenty per centum of the total number of representatives
including those under the party list. For three consecutive terms after the ratification of this Constitution,
one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.
ARTICLE XII
Section 5. The State, subject to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being
INDEPENDENT PEOPLES ORGANIZATION

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations
that promote the welfare of the nation.
ARTICLE XIII
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
Section 15. The State shall respect the role of independent people's organizations to enable the people to
pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations
through peaceful and lawful means.
People's organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.
Section 16. The right of the people and their organizations to effective and reasonable participation at all
levels of social, political, and economic decision-making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation mechanisms.
COMMUNICATION AND INFORMATION IN NATIONA-BUILDING
Section 24. The State recognizes the vital role of communication and information in nation-building.
ARTICLE XVI
Section 10. The State shall provide the policy environment for the full development of Filipino capability
and the emergence of communication structures suitable to the needs and aspirations of the nation and the
balanced flow of information into, out of, and across the country, in accordance with a policy that respects
the freedom of speech and of the press.
Section 11.
(1) The ownership and management of mass media shall be limited to citizens of the Philippines,
or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition therein shall be
allowed.cralaw
(2) The advertising industry is impressed with public interest, and shall be regulated by law for
the protection of consumers and the promotion of the general welfare.
Only Filipino citizens or corporations or associations at least seventy per centum of the capital
of which is owned by such citizens shall be allowed to engage in the advertising industry.
The Congress may provide for the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain
The participation of foreign investors in the governing body of entities in such industry shall be
limited to their proportionate share in the capital thereof, and all the executive and managing
officers of such entities must be citizens of the Philippines.
ARTICLE XIV
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the
formulation of national plans and policie.
ARTICLE XVIII
Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution
shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum
Filipino ownership requirement therein.
Diato, 2013400036
27(
(
AUTONOMY OF LOCAL GOVERNMENTS
Section 25. The State shall ensure the autonomy of local governments.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras
as hereinafter provided.
Section 2. The territorial and political subdivisions shall enjoy local autonomy.cralaw
Section 3. The Congress shall enact a local government code which shall provide for a more responsive
and accountable local government structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the different local government units their
powers, responsibilities, and resources, and provide for the qualifications, election, appointment and
removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to
the organization and operation of the local units.cralaw
Section 4. The President of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and municipalities with respect to
component barangays, shall ensure that the acts of their component units are within the scope of their
prescribed powers and functions.cralaw
Section 5. Each local government unit shall have the power to create its own sources of revenues and to
levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide,
consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively
to the local governments.cralaw
Section 6. Local government units shall have a just share, as determined by law, in the national taxes which
shall be automatically released to them.cralaw
Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits.cralaw
Section 8. The term of office of elective local officials, except barangay officials, which shall be determined
by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.cralaw
Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed
by law.cralaw
Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance with the criteria established in the local government
code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly
affected.cralaw
Diato, 2013400036
Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic
autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of
the metropolitan authority that will thereby be created shall be limited to basic services requiring
coordination.cralaw
Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters
prohibit their voters from voting for provincial elective officials, shall be independent of the province. The
voters of component cities within a province, whose charters contain no such prohibition, shall not be
deprived of their right to vote for elective provincial officials.cralaw
Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services,
and resources for purposes commonly beneficial to them in accordance with law.cralaw
Section 14. The President shall provide for regional development councils or other similar bodies composed
of local government officials, regional heads of departments and other government offices, and
representatives from non-governmental organizations within the regions for purposes of administrative
decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social
growth and development of the units in the region.
AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other relevant characteristics within the
framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of
the Philippines.
Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws
are faithfully executed.cralaw
Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in the National Government.cralaw
Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representatives appointed by the
President from a list of nominees from multi-sectoral bodies. The organic act shall define the basic structure
of government for the region consisting of the executive department and legislative assembly, both of which
shall be elective and representative of the constituent political units. The organic acts shall likewise provide
for special courts with personal, family, and property law jurisdiction consistent with the provisions of this
Constitution and national laws.cralaw
The creation of the autonomous region shall be effective when approved by majority of the votes cast by
the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and
geographic areas voting favorably in such plebiscite shall be included in the autonomous region.cralaw
Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time
of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and
the Cordilleras.cralaw
Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national
laws, the organic act of autonomous regions shall provide for legislative powers
over:chanroblesvirtuallawlibrary
28(
(
(1) Administrative organization;
(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people
of the region.
Section 21. The preservation of peace and order within the regions shall be the responsibility of the local
police agencies which shall be organized, maintained, supervised, and utilized in accordance with
applicable laws. The defense and security of the regions shall be the responsibility of the National
Government.
DECENTRALIZATION
-! Not make local government sovereign within the state
-! Administrative autonomy of LGUs or
-! Devolution of powers but LIMITED by national policies or standards and by the LGU Code
-! Exercise of Local Autonomy " still subject to the power of control by congress (power to
create includes power to destroy)
PRESIDENTS POWER OF GENERAL SUPERVISION OVER LGU
-! President can only interfere in the affairs and activities of a LGU of he or she finds that the
latter acted contrary to law
EQUAL ACCESS OF OPPORTUNITIES FOR PUBLIC SERVICE
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.
ARTICLE VII
Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment during their
tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in
any business, or be financially interested in any contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not,
during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.
Diato, 2013400036
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.
Section 2. The promotion of social justice shall include the commitment to create economic opportunities
based on freedom of initiative and self-reliance.
THIS PROVISION DOES NOT BESTOW A RIGHT TO " Seek for presidency nor grants a judicially
enforceable constitutional right to seek such
THIS PROVISION: merely specifies guideline for legislative action
NOT INTENDED: to compel the state to accommodate as many as possible into public office " still subject
to limitations
HONEST PUBLIC SERVICE AND FULL PUBLIC DISCLOSURE
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.
ARTICLE III
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.
ARTICLE VI
Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
Section 20. The records and books of accounts of the Congress shall be preserved and be open to the
public in accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred for each Member.
ARTICLE VII
Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be
provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its decision on applications for loans to be contracted or
29(
(
CONSTITUTIONAL LAW CHAPTER VI:
guaranteed by the Government or government-owned and controlled corporations which would have the
effect of increasing the foreign debt, and containing other matters as may be provided by law
ARTICLE IX-D
Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law,
an annual report covering the financial condition and operation of the Government, its subdivisions,
agencies, and instrumentalities, including government-owned or controlled corporations, and nongovernmental entities subject to its audit, and recommend measures necessary to improve their
effectiveness and efficiency. It shall submit such other reports as may be required by law.
ARTICLE XI
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise
its jurisdiction as now or hereafter may be provided by law.
Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees,
from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional offices, and officers of the armed forces with general
or flag rank, the declaration shall be disclosed to the public in the manner provided by law.
ARTICLE XII
Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make them competitive.
Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or guaranteed by the Government shall be made available
to the public.
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.
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 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.
Diato, 2013400036
30(
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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.
Diato, 2013400036
31(

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NACHURA:(Political(Law(Reviewer(and(Note(Commissioner(Sarmiento(

2016 CLASS RECIT & 2015 RECIT

CONSTITUTIONAL LAW CHAPTER I:

from Teodoro Bacani bishop

BIAK NA BATO CONSTITUTION (1st revolutionary government)

o! Philippine revolution of 1896

PROPONETS / FRAMERS OF THE CONSTITUTIONS

CONSTITUTIONAL LAW CHAPTER II:

ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)

RIGID OR FLEXIBLE (process to change)

QUALITIES OF A GOOD WRITTEN CONSTITUTION

BROAD comprehensive enough to provide for every contingency

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

INTEPRETATION/CONSTRUCTION OF THE CONSTITUTION SETTLED PRINCIPLES OF

DOCTRINE OF CONSTITUTIONAL SUPREMACY : if#a#law#or#contract#violates#any#norm#of#

BRIEF CONSTITUTIONAL HISTORY (SEE DISCUSSION IN PREVIOUS CHAPTER)

Affects only the specific provision being

STEPS IN THE AMENDATORY PROCESS

RA 6735 (ACT PROVIDING FOR A SYSTEM OF INITIATIVE

Members elected by the people

DOCTRINE OF PROPER SUBMISSION " since constitution prescribes

JUDICIAL REVIEW OF AMENDMENTS " whether or not the constitutional provisions on

Political question " not subject to judicial inquiry or decision

CHALLENGE " allowed to operate in the area of freedom of

EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY (2 VIEWS)

CONSTITUTIONAL LAW CHAPTER III:

Legal or jurstic concept

separated by bodies of water, should be treated as one integral units and

NOTE: REQUISITE FOR STATEHOOD: adequate number for

TERRITORY ART 1 RA 3046, RA 5446

UNCLOS CONVENTION ON THE LAW OF THE SEA (UNCLOS) The UNCLOS is

i.! INTERNATIONAL LAW OF THE SEA a body of treaty rules and

iii.! RIGHT OF INNOCENT PASSAGE all states enjoy right of innocent

DOCTRINE OF PARENS PATRIAE

Foreign armies passing through or stationed in its

TEST TO DETERIMNE IF SUIT IS AGAINST STATE

viii.! Charters of GOCC

CONSTITUTIONAL LAW CHAPTER IV:

FUNDAMENTALS POWERS OF THE STATE

WHO EXERCISES POLICE POWER?

GENERAL RULE: INHERENTLY VESTED IN LEGISLATURE

is the power vested in the

governments right to appropriate, in the

the power of the government to raise

possessed by the national legislature, it

INHERENT in the state

Lawmaking bodies of local government units

o! Local government units " under the general welfare clause

LIMITATIONS: Test for Valid Exercise of Police Power

Express Grant by Law

REQUISITES FOR A VALID ORDINANCE

Inherent in the state to condemn private property to public

REQUISITES FOR THE EXERCISE

No aspect of the property is used by or for the benefit of

Interest are appropriated and applied to some public

3.! Local Government Units

Expropriation case where the principal issue is determination of the

WRIT OF POSSESSION (Rules of Court, Rule 67 Section 2)

Issuance of WOP becomes ministerial upon:

PLAINTIFFS RIGHT TO DISMISS THE COMPLAINT IN EMINENT DOMAIN

RIGHT TO REPURCHASE OR RE-ACQUIRE THE PROPERTY

SEC 17 ART. XII

Section 18. The State may, in the interest of national

Section 17. In times of national emergency, when the