CONSTITUTIONAL LAW II

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.

Basic Purpose of Bill of Rights

- Protect the people against arbitrary and discriminatory use of political power
- Guarantees the preservation of our natural rights against invasion by the government
- Bill of Rights takes precedence over the right of the State to prosecute

Definition of “Police Power”:

1) Power vested in the legislature
2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable laws, statutes, and ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) As they shall judge to be for the good and welfare of the commonwealth and of the
subjects of the same.

Aspects of “Due Process”:

1. Procedural due process – refers to the mode of procedure which government agencies must
follow in the enforcement and application of laws.
2. Substantive due process – prohibition against arbitrary laws.

Concept of Due Process

- Law that hears before it condemns which proceeds upon inquiry and renders judgment only after
trial
- Responsiveness to the supremacy of reason, obedience to the dictates of justice
- Due process of law contemplates notice and opportunity to be heard before judgment is rendered
affecting one’s person or property
- Due process depends on circumstances; it varies with the subject matter and the necessities of
the situation.

Procedural Due Process requirements

1. A court or tribunal clothed with judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which
is the subject of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.

 What is required is not actual hearing, but a real opportunity to be heard.

 The requirement of due process can be satisfied by subsequent due hearing.
 Violation of due process: when same person reviews his own decision on appeal.
 Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the
promulgation of general rule.

Instances when hearings are NOT necessary:

1. When administrative agencies are exercising their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.

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 4. Cases of preventive suspension.
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the BIR Commissioner.
7. Cancellation of the passport of a person charged with a crime.
8. Issuance of sequestration orders (considered a provisional remedy).
9. Judicial order which prevents an accused from travelling abroad in order to maintain the effectivity
of the court’s jurisdiction.
10. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity
problems in such bank.

 The right to counsel is a very basic requirement of substantive due process and has to be
observed even in administrative and quasi-judicial bodies.
 The right to appeal is a statutory privilege that may be exercised only in the manner in
accordance with law.

Substantive Due Process requisites

1. Reasonable means for the accomplishment of the purpose of the law
2. Law must be intended for the interest of the public rather than for private interest

Administrative Due Process Requirements

1. Hearing where evidence is presented
2. Tribunal must consider the evidence
3. Decision must support the decision
4. Evidence must support the decision
5. Evidence must be presented in the hearing or at least contained in the record and known to the
parties affected
6. Tribunal must rely on independent judgment
7. Decision must state the facts and law so that the parties may know the issue

Requirements of a valid ordinance:

1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable

When is a law VAGUE?

1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must necessarily GUESS as to its meaning
3. And differ as to its application

Life – right of an individual to his body in its completeness and extends to the use of God-given faculties
which make life enjoyable

Liberty – right to exist and the right to be free from arbitrary personal restraint or servitude, free to use
faculties in all lawful ways

Property – anything under the right of ownership and be the subject of a contract, includes the right to
secure and dispose of them

Deprivation – removal of those safeguards

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  Due process does not require that there be trial, essence is there is an opportunity to be heard
(oral arguments or pleadings) and submission of evidence
 Basic Standard: free from arbitrariness and it must be based on the sporting idea of fair play

License – authorizes a person to enjoy a certain privilege, merely a permit or privilege to do what
otherwise would be unlawful which could be revoked or rescinded by executive action
Equal Protection Clause
- Those who have less in life should have more in law to give them a better chance at competing
with those who have more in life
- Equality in the enjoyment of similar right and privileges granted by law
- Does not guarantee economic equality but only equality before the law, with respect to juridical
persons, only their properties are protected
- The equality that it guarantees is legal equality or the equality of all persons before the law. It
does not demand absolute equality. It merely requires that all persons shall be treated alike,
under like circumstances and conditions both as to privileges conferred and liabilities enforced.

Classification in law – grouping of things in speculation or practice because theu agree with one
another in certain particular

Requirements of valid classification for Equal Protection

1. Based on substantial distinctions that make real differences
2. Germane to the purpose of the law
3. Not be limited to existing conditions only
4. Apply equally to all members of the same class
 Satisfies: based on reasonable foundation or rational basis and is not palpably arbitrary

 Case: Constitutional right of the State to require all citizens to render personal military service
necessarily includes not only private citizens but also citizens who have retired from military
service. A retiree who had lost his Filipino citizenship already renounce his allegiance to the
State, hence, no longer be compelled by the State to render compulsory military service when
the need arises. State has the right to impose a reasonable condition necessary for national
defense.

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.

Search Warrant – order in writing issued by the court giving authority to the police
Where it is issued:
- Request within the court whose jurisdiction a crime is committed
- For compelling reasons, within judicial region
- Where the case is pending

Valid search warrant

- Particularly describe the pace to be searched and the things to be seized
- Limited in scope so as not to be general or explanatory, nothing is left to the discretion of the
officer executing the warrant

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  Proper description – ascertain and identify the place intended and distinguish it from other places
in the community

Permissible without Search Warrant

1. In times of war and within the area of military operation
2. Incident of lawful arrest; requisites are:
a. Arrest must be lawful
b. Search and seizure must be contemporaneous with arrest
c. Search must be within permissible areas of search
 Any money or property found upon his person which was used in the commission of the
offense
 Was the fruit thereof
 Which might furnish the prisoner with the means of committing violence or escaping
 Which may be used in evidence in the trial of the case
 The search must be made simultaneously with the arrest and it may only be made in the
area within the reach of the person arrested
3. Incident of inspection / Search of moving vehicles
 This exception is based on exigency. Thus, if there is time to obtain a warrant in order to
search the vehicle, a warrant must first be obtained.
 The search of a moving vehicle must be based on probable cause.
 Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a
body search and the inspection of the vehicle is limited to a visual search = valid search
(Valmonte V. De Villa)
 Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality
or jurisdiction
 The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by
judges, but the Commissioner of Immigration may order the arrest of an alien in order to
carry out a FINAL deportation order.
4. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs
Code
 The Tariffs and Customs Code authorizes persons having police authority under the Code
to effect search and seizures without a search warrant to enforce customs laws.
 Exception: A search warrant is required for the search of a dwelling house.
 Searches under this exception include searches at borders and ports of entry. Searches
in these areas do not require the existence of probable cause.
5. Seizure of evidence in plain view
 To be a valid warrantless search, the articles must be open to the eye and hand.
 The peace officer comes upon them inadvertently.
6. With consent; requisites are:
a. There is a right
b. Knowledge of the existence of such right
c. Have intention to waive
 The right against unreasonable searches and seizures is a personal right. Thus, only the
person being searched can waive the same.
 Waiver requires a positive act from the person. Mere absence of opposition is not a
waiver.
 The search made pursuant to the waiver must be made within the scope of the waiver.

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Requisites for a valid warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to
be seized.

Probable cause:
For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense has been committed by
the person sought to be arrested.
For the issuance of a search warrant:
Probable cause would mean such facts and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed and that the objects sought in connection
with the offense are in the place to be searched.
 Probable cause for the issuance of a search warrant does NOT require that the probable guilt
of a specific offender be established, unlike in the case of a warrant of arrest.

Requisites in Search Warrant Application

1. Judge must examine the complainant and his witnesses personally
2. Under oath
3. Reduced in writing in the form of searching questions and answers

 Searching questions depend largely on the discretion of the judge, must be probing and
exhaustive not merely routinary, general, peripheral, perfunctory or pro-forma
 The judge is NOT required to personally examine the complainant and his witnesses. What the
Constitution underscores is the exclusive and personal responsibility of the issuing judge to
satisfy himself of the existence of probable cause (Soliven v. Makasiar, 167 SCRA 394).

Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES”

1. The oath required must refer to the truth of the facts within the personal knowledge of the
complainant or his witnesses because the purpose is to convince the judge of the existence of
probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether
it has been drawn in such a manner that perjury could be charged thereon and affiant be held
liable for the damages caused (Alvarez v. CFI).

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1. A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact – not of law – by which the warrant
officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to the
offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).

 A “John Doe” warrant can satisfy the requirement of particularity of description if it contains
a descriptio personae such as will enable the officer to identify the accused
 A general warrant is one that does not allege any specific acts or omissions constituting the
offense charged in the application for the issuance of the warrant. It contravenes the explicit
demand of the Bill of Rights that the things to be seized be particularly described.

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  Warrantless search of moving vehicle is justified on the ground that it is not practicable to secure
a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which
the warrant must be sought.
 Reasonable search – conduct a carefully limited search of the outer clothing of persons in an
attempt to discover weapons which might be used to assault him, he is entitled for the protection
of himself and others. Genuine reason must exist, in light of the police officer’s experience and
surrounding conditions, to warrant the belief that the person detained has weapons concealed
about him.

VALID WARRANTLESS ARRESTS

 When the person to be arrested has committed, is actually committing, or is about to commit an
offense in the presence of the arresting officer.
 When an offense has in fact just been committed and the arresting officer has personal
knowledge of facts indicating that the person to be arrested has committed it.
 When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

Waiver of an invalid arrest - When a person who is detained applies for bail, he is deemed to have
waived any irregularity which may have occurred in relation to his arrest.
Hot pursuit
1. The pursuit of the offender by the arresting officer must be continuous from the time of the
commission of the offense to the time of the arrest.
2. There must be no supervening event which breaks the continuity of the chase.

Stop and frisk - When a policeman observes suspicious activity which leads him to believe that a crime
is about to be committed, he can investigate the suspicious looking person and may frisk him for
weapons as a measure of self-protection. Should he find, however, a weapon on the suspect which is
unlicensed, he can arrest such person then and there for having committed an offense in the officer’s
presence.

 Stop and Frisk two-fold interest

1. General interest of effective crime prevention and detection for purposes of investigating
possible criminal behavior even without probable cause
2. Safety and self-preservation which permit the police officer to take steps to assure himself
that the person with whom he deals is not armed with a deadly weapon that could
unexpectedly and fatally be used against the police officer.

 Plain View Doctrine conditions

1. Prior valid intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties the evidence was inadvertently discovered by the
police who had the right to be where they are
2. Evidence must be immediately apparent
3. Plain view justified mere seizure of evidence without further search

Buy-bust Operation – method employed by police authorities to malefactors in the act of committing
the crime of drug vending. Form of entrapment not prohibited by RPC.

In Flagrante Delicto Arrests

- Accused is apprehended at the very moment he is committing or attempting to commit or has
just committed an offense in the present of the arresting officer

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 - Law requires search be incidental to a lawful arrest (preceded the search of a person and his
belongings)
 Exception elements
1. Person to be arrested must have executed an overt act indicating that he has just committed,
is actually committing or is attempting to cimmit a crime
2. Such is in the presence or within the view of the arresting officer

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.

Right to Privacy – right to be left alone or right to be free from undesired publicity or disclosure; or
right to live without unwarranted interference by the public in matters within which the public is not
necessarily concerned
- Not violated if the State interferes on grounds of public safety and security in the exercise of
Police Power

 A person, by contracting marriage, does not shed his/her integrity or right as an individual and
the constitutional protection is ever available to him or to her

R.A. 4200 (Anti-Wiretapping Act)

1. The law does not distinguish between a party to the private communication or a third
person. Hence, both a party and a third person could be held liable under R.A. 4200 if they
commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)
1. The use of a telephone extension to overhear a private conversation is not a violation of R.A.
4200 because it is not similar to any of the prohibited devices under the law. Also, a telephone
extension is not purposely installed for the purpose of secretly intercepting or recording private
communication. (Gaanan v. IAC, 145 SCRA 112)

Types of communication protected: Letters, messages, telephone calls, telegrams and the like.

Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any
proceeding. However, in the absence of governmental interference, the protection against
unreasonable search and seizure cannot be extended to acts committed by private individuals.

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.

 Ours is a democratic society and so the only wat to rule ultimately is by means of public opinion
but in discharging the media responsibility as watchdog of public officials, they must always
adhere to the ethical standards of truth and fairness
 Free speech protects not only polite speech, but even expression in its most unsophisticated
form
 Every person is obliged to act with justice, give everyone his due and observe honesty and good
faith (Civil Code)

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  Academic Freedom – included the right to set academic standards to determine under what
circumstances failing grades suffice for the expulsion of students, and be followed meticulously.
 Time element is of the essence as there is a causal relationship between that utterance and the
publication and the evil sought to be prevented.

Public Assembly Procedure

1. Mayor’s permit at least 5 working days before the rally
2. In writing, names of the org’s, leaders, dates, crowd size, manner of the use of street, sound
system
3. Refused, copy posted in the premises of Mayor’s Office
4. Mayor has 2 working days to act on the application, hearing should be conducted
5. If denied, applicant can go to court, and have 24 hours to act on the issue, local authorities
cannot appeal, if against applicants, can appeal to SC

Permit not necessary

1. Freedom Parks
2. Inside private properties
3. Campuses of state colleges and universities

 The law does not permit them to falsely impeach the motives, attack honesty, blacken the virtue,
or injure the reputation of that official. Men may argue, but they may not traduce. Man may differ,
but they may not, for that reason, falsely charge dishonesty. Men may look at look at policies
from different points of view, and see them in different lights, but they may not, on that account
falsely charge criminally, lack virtue, bad notions, evil intentions, or corrupt heart and mind. Men
mat falsely charge that policies are bad, but they cannot falsely charge that men are bad.

Maximum Tolerance Rule

1. Law enforcement shall not interfere with the holding of a public assembly, may be detailed and
stationed in a place at least 100 meters away from the area of activity ready to maintain peace
and order at all times
2. Assistance as requested by leaders

Content-based restrictions – imposed because of the content of the speech, subject to the clear and
present danger test

Content-neutral restrictions – prohibits the sale or donation of print space and air time to political
candidates during the campaign period are not concerned with the content of the speech. Need only a
substantial governmental interest to support them

What are considered protected speech:

Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It
includes motion pictures as well as what is known as symbolic speech such as the wearing of an
armband as a symbol of protest. Peaceful picketing has also been included within the meaning of
speech.

Prohibitions under Section 4

1. Prohibition against PRIOR RESTRAINT
1. Prohibition against SUBSEQUENT PUNISHMENT

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Prohibition against prior restraint
1. Prior restraint means official governmental restrictions on the press or other forms of expression
in advance of actual publication or dissemination.
2. Examples/forms of prior restraint
1. movie censorship
2. judicial prior restraint = injunction against publication
3. license taxes based on gross receipts for the privilege of engaging in the business of
advertising in any newspaper
4. flat license fees for the privilege of selling religious books

When prohibition does not apply

1. During a war.
2. Obscene publications.

Standards for allowable subsequent punishment

TEST CRITERION
1. Dangerous Tendency Test There should be a RATIONAL CONNECTION
between the speech and the evil apprehended.
2. Clear and Present Danger Test There should be a clear and present danger that the
words when used under such circumstances are of such a
nature as to create a CLEAR AND PRESENT DANGER
that they will bring about the substantive evils that the State
has a right to prevent.
3. Balancing of Interests Test The courts should BALANCE the PUBLIC INTEREST
served by legislation on one hand and the FREEDOM
OF SPEECH (or any other constitutional right) on the
other. The courts will then decide where the greater
weight should be placed.
 Freedom of Speech: The doctrine on freedom of speech was formulated primarily for the
protection of “core” speech, i.e. speech which communicates political, social or religious
ideas. These enjoy the same degree of protection. Commercial speech, however, does not.

Commercial Speech
A communication which no more than proposes a commercial transaction.
To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal transaction.
Even truthful and lawful commercial speech may be regulated if:
1. Government has a substantial interest to protect;
2. The regulation directly advances that interest; and
3. It is not more extensive than is necessary to protect that interest.

Unprotected Speech
LIBEL
 FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not
considered actionable, even if the words used are neither mild nor temperate. What is important is
that the opinion is the true and honest opinion of the person. The statements are not used to attack
personalities but to give one’s opinion on decisions and actions.
 OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a
newsworthy event), opinions can be aired regarding their public actuations. Comment on their
private lives, if not germane to their public personae, are not protected.

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OBSCENITY
Test for obscenity (Miller v. California)
1. Whether the average person, applying contemporary community standards would find that the
work, taken as a whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically
defined by law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Procedure for seizure of allegedly obscene publications
1. Authorities must apply for issuance of search warrant.
2. Court must be convinced that the materials are obscene. Apply clear and present danger test.
3. Judge will determine whether they are in fact “obscene”.
4. Judge will issue a search warrant.
5. Proper action should be filed under Art. 201 of the RPC.
6. Conviction is subject to appeal.

Right of Assembly and Petition

 The standards for allowable impairment of speech and press also apply to the right of assembly
and petition.
 Rules on assembly in public places:
 Applicant should inform the licensing authority of the date, the public place where and the time
when the assembly will take place.
 The application should be filed ahead of time to enable the public official concerned to appraise
whether there are valid objections to the grant of the permit or to its grant, but in another public
place. The grant or refusal should be based on the application of the Clear and Present Danger
Test.
 If the public authority is of the view that there is an imminent and grave danger of a substantive
evil, the applicants must be heard on the matter.
 The decision of the public authority, whether favorable or adverse, must be transmitted to the
applicants at the earliest opportunity so that they may, if they so desire, have recourse to the proper
judicial authority.

Rules on assembly in private properties: Only the consent of the owner of the property or person
entitled to possession thereof is required.

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.

Distinction between the clauses (School District v. Schempp, 374 US 203)

1. The non-establishment clause does not depend upon any showing of direct governmental
compulsion. It is violated by the enactment of laws which establish an official religion whether
those laws operate directly to coerce non-observing individuals or not. The test of compliance
with the non-establishment clause can be stated as follows: What are the purposes and primary
effect of the enactment? If either is the advancement or inhibition of religion, the law violates the
non-establishment clause. Thus, in order for a law to comply with the non-establishment clause,
two requisites must be met. First, it has a secular legislative purpose. Second, its primary effect
neither advances nor inhibits religion.
1. The free exercise of religion clause withdraws from legislative power the exertion of any
restraint on the free exercise of religion. In order to show a violation of this clause, the person
affected must show the coercive effect of the legislation as it operates against him in the practice

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 of his religion. While the freedom to believe (non-establishment) is absolute, the moment such
belief flows over into action, it becomes subject to government regulation.

Religious Freedom – right of man to worship God, to entertain such religious views as appeal to his
individual conscience without dictation or interference by any person or power, civil or ecclesiastical,
Includes freedom not to believe.

 Not absolute – because it is subject to the police power of the State, must be exercised in good
faith
 A person may believe, and there is no limit to it, but the manner of doing it is subject to regulation
 There is violation when the element of coercion is present
 Non-establishment of religion clause is violated when the State uses its rights, authority, funds
and resources behind an activity that is essentially and intrinsically religious

Ecclesiastical Affair – relationship between the church and its members and relate to matters of faith,
religious doctrines, worship and governance of the congregation.

Requisites for government aid to be allowable:

1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
3. It must not require excessive entanglement with recipient institutions.

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.

Liberty – right of a person to establish his house in a place of choice and to change it
- Public safety and security, therefore, are limitations to the limitations to the right

 The condition imposed upon an accused to make himself available at al times whenever the
court requires his presence operates as a valid restriction of his right to travel. A person facing
criminal charges may be restrained by the Court from leaving the country, or if abroad, may be
compelled to return. Also, an accused released on bail may be re-arrested without the need of
a warrant if he attempts to depart from the Philippines without prior permission of the Court
where the case is pending.
Rights guaranteed under Section 6:
1. Freedom to choose and change one’s place of abode.
2. Freedom to travel within the country and outside.

Curtailment of rights:
RIGHT MANNER OF CURTAILMENT
1. Liberty of abode Lawful order of the court and within the limits prescribed by law.
2. Right to travel May be curtailed even by administrative officers (ex. passport
officers) in the interest of national security, public safety, or public
health, as may be provided by law.

 The right to travel and the liberty of abode are distinct from the right to return to one’s country,
as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights
have separate guarantees for these. Hence, the right to return to one’s country is not covered
by the specific right to travel and liberty of abode.

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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.

Rights guaranteed under Section 7

1. Right to information on matters of public concern
2. Right of access to official records and documents

 Information is needed to enable the members of society to cope with the exigencies of the time.
 Discretion of government: The government has discretion with respect to the authority to
determine what matters are of public concern and the authority to determine the manner of
access to them.

Recognized Limitations
1. National Security Matters – state secrets: military, diplomatic and other national security
concerns and inter-governmental exchanges priot to the conclusion of treatises and other
executive agreements
2. Trade Secrets – Intellectual Property Code and Secrecy of Bank Deposits Act
3. Criminal matters or classified law enforcement matters
4. Other Confidential matters – ethical standards act prohibits public officials and employees for
using or divulging confidential or classified information officially known to them by reason of their
office and not made available to the public
5. Intelligence information
6. Banking transactions
7. Diplomatic correspondence
8. Executive sessions
9. Closed door cabinet meetings
10. Supreme Court deliberations

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.

Constitutional Guarantee to form Associations

1. Enable individual to join others to pursue common objective
2. Enhance opportunities of human beings
3. Widen the sphere for expression or personality.

Right to Form Associations – freedom to organize, to join groups or associations and to adopt rules
to implement their objectives
 The right to form associations shall not be impaired without due process of law and is thus an
aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition, insofar
as the associations may have for their object the advancement of beliefs and ideas, the freedom
of association is an aspect of the freedom of speech and expression, subject to the same
limitation.
 The right also covers the right not to join an association.
 Government employees have the right to form unions. They also have the right to strike, unless
there is a statutory ban on them.

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

Who can exercise the power of eminent domain:

1. The national government
 Congress
 Executive, pursuant to legislation enacted by Congress
2. Local government units, pursuant to an ordinance enacted by their respective legislative bodies
3. Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary?

It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid
contract exists between the government and the owner, the government cannot exercise the power of
eminent domain as a substitute to the enforcement of the contract.

Elements of the power of eminent domain

1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION

“TAKING” Elements: CODE: E P A P O

1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the owner and deprive him of the
beneficial enjoyment of his property.

 Compensable taking does not need to involve all the property interests which form part of the
right of ownership. When one or more of the property rights are appropriated and applied to a
public purpose, there is already a compensable taking, even if bare title still remains with the
owner.

“PUBLIC USE”
 Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is
used in the concept of police power.
 Examples of public use include land reform and socialized housing.

“JUST COMPENSATION”
 Compensation is just if the owner receives a sum equivalent to the market value of his
property. Market value is generally defined as the fair value of the property as between one who
desires to purchase and one who desires to sell.
 The point of reference use in determining fair value is the value at the time the property was
taken. Thus, future potential use of the land is not considered in computing just compensation.

Judicial review of the exercise of the power of eminent domain

1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the “public use” character of the taking. However, if the expropriation is pursuant
to a specific law passed by Congress, the courts cannot question the public use character of the
taking.

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When municipal property is taken by the State: Compensation is required if the property is a
patrimonial property, that is, property acquired by the municipality with its private funds in its corporate
or private capacity. However, if it is any other property such a public buildings or legua communal held
by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at will.

Point of reference for valuating a piece of property:

General rule: The value must be that as of the time of the filing of the complaint for expropriation.
Exception: When the filing of the case comes later than the time of taking and meanwhile the value of
the property has increased because of the use to which the expropriator has put it, the value is that of
the time of the earlier taking. BUT if the value increased independently of what the expropriator did,
then the value is that of the latter filing of the case.

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

Purposes of Non-Impairment Clause

1. Implement the freedom of contracts
2. Protect property rights
3. Safeguard the integrity of contracts against unwarranted interference by the State

 Only contracts which are legal and lawful are protected.

 Real test of impairment is the diminution of the value of a contract

Prohibition not absolute

- Restricted to contracts with respect to property or some object o value and which confer rights
that may be asserted in a court of justice
- No application to statues relating to public subjects within the domain of the general legislative
powers of the State and involving the public rights and public welfare of the entire community
affected by it
- Does not prevent a proper exercise by the State of its police power by enacting regulations
reasonably necessary t secure the health, safety, morals, comfort, or general welfare of the
community

Freedom to contract nor absolute

- All contracts and all rights are subject to the police power of the State and not only may
regulations which affect them be established by the State but all such regulations must be
subject to change from time to time
- Contracts of labor are explicitly subject to the police power of the State because they are not
ordinary contracts but are impressed with public interest

Limitations on the non-impairment of contract clause

1. Police power of the State
2. Power of eminent domain
3. Reserved power of the State to impair, for even if it is not expressly made, it can still be exercised

When does a law impair the obligation of contracts:

- If it changes the terms and conditions of a legal contract either as to the time or mode of performance
- If it imposes new conditions or dispenses with those expressed
- If it authorizes for its satisfaction something different from that provided in its terms.

 A mere change in PROCEDURAL REMEDIES which does not change the substance of the
contract, and which still leaves an efficacious remedy for enforcement does NOT impair the
obligation of contracts.
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  A valid exercise of police power is superior to obligation of contracts.

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 and rehabilitation of victims of torture or similar practices, and their families.

Miranda Warnings or Rights under investigation

1. The person arrested, detained, invited or under custodial investigation must be informed in a
language known to and understood by him of the reason for the arrest and he must be shown
the warrant of arrest, if any; Every other warnings, information or communication must be in a
language known to and understood by said person;
2. He must be warned that he has a right to remain silent and that any statement he makes may
be used as evidence against him;
3. He must be informed that he has the right to be assisted at all times and have the presence of
an independent and competent lawyer, preferably of his own choice;
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will
be provided for him; and that a lawyer may also be engaged by any person in his behalf, or may
be appointed by the court upon petition of the person arrested or one acting in his behalf;
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial
investigation in any form shall be conducted except in the presence of his counsel or after a valid
waiver has been made;
6. The person arrested must be informed that, at any time, he has the right to communicate or
confer by the most expedient means telephone, radio, letter or messenger with his lawyer (either
retained or appointed), any member of his immediate family, or any medical doctor, priest or
minister chosen by him or by any one from his immediate family or by his counsel, or be visited
by/confer with duly accredited national or international non-government organization. It shall be
the responsibility of the officer to ensure that this is accomplished;
7. He must be informed that he has the right to waive any of said rights provided it is made
voluntarily, knowingly and intelligently and ensure that he understood the same;
8. In addition, if the person arrested waives his right to a lawyer, he must be informed that it must
be done in writing AND in the presence of counsel, otherwise, he must be warned that the waiver
is void even if he insist on his waiver and chooses to speak;
9. That the person arrested must be informed that he may indicate in any manner at any time or
stage of the process that he does not wish to be questioned with warning that once he makes
such indication, the police may not interrogate him if the same had not yet commenced, or the
interrogation must ceased if it has already begun;

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 10. The person arrested must be informed that his initial waiver of his right to remain silent, the right
to counsel or any of his rights does not bar him from invoking it at any time during the process,
regardless of whether he may have answered some questions or volunteered some statements;
11. He must also be informed that any statement or evidence, as the case may be, obtained in
violation of any of the foregoing, whether inculpatory or exculpatory, in whole or in part, shall be
inadmissible in evidence.

 These constitutional guarantees are meant to protect a person from inherently coercive
psychological, if not physical atmosphere of such investigation.
 From the time a person is taken into custody for investigation of his possible participation in the
commission of a crime, or from the time he is singled out as a suspect in the commission of the
crime, although not yet in custody
 An investigation begins when it is no longer a general inquiry into an unsolved crime but starts
to focus on a particular person as suspect
 Right to remain silent and to counsel may be waived provided that the waiver is in writing and in
the presence of a counsel.
 A police officer who is a lawyer, a prosecutor or a municipal legal officer cannot be counsel who
would assist the person under investigation because they are not interested in his acquittal
 If the rights under investigation are violated, any confession obtained is inadmissible.
 The term “under investigation” is encompassioning enough to include administrative and
forfeiture proceedings.

Custodial Investigation – stage where the police investigation is no longer a general inquiry into an
unsolved crimes but has begun to focus on a particular suspect who had been taken into custody by
the police who carry out a process of interrogation that leads itself to elicit incriminating statements.

 An extra-judicial confession signed in the presence of a counsel who is not the counsel of choice
of the accused renders the confession inadmissible
 Waiver or right to remain silent but not aided by a counsel renders the waiver void.
 When he is invited to the police, he is already a suspect and therefore under custodial
investigation
 Confession before the barangay tanods renders the confession admissible
 The constitutional procedures on custodial investigation do not apply to a spontaneous
statement that is nor elicited through questioning by the authorities, but is given in an ordinary
manner
 Interrogation on the way to the police station is considered custodial investigation, place of
interrogation is not at all a reliable barometer to determine the existence of absence of custodial
investigation
 The police authorities should have properly apprised them of their constitutionally-protected
rights, without which such uncounseled admissions or any other evidence obtained as a result
thereof, or proceeding therefrom – the putrid source – are deemed likewise inadmissible in
evidence against the accused appellants
 Even if the confession contains a grain of truth, but it was made without the assistance of
counsel, it becomes inadmissible in evidence, regardless of the absence of coercion or even if
it had been voluntarily given

Rights of person under investigation for the Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to provided with the services of counsel if he cannot afford the services of one.
4) Right to be informed of these rights.
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When rights are available:
1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI) with respect to
a criminal offense.
4) Signing of arrest reports and booking sheets.

When rights are not available:

1) During a police line-up. Exception: Once there is a move among the investigators to elicit
admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside
the context of a formal investigation.
4) Statements made to a private person.

Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence
against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible,
being the fruit of a poisoned tree.

Requisites of valid waiver:

1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.

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

Right to Bail – emanates from the right to be presumed innocent

- accorded to a person in the custody of the law who may by reason of the presumption of
innocence he enjoys, be allowed provisional liberty upon filing of a security to guarantee his
appearance before any court, as required under specific circumstances
- A person who is free cannot be granted bail, accused need not be charged formally before he
can post bail, so long as he is under arrest

Bail – security given for the release of a person in custody of the law, furnished by him or a bondsman
conditioned on his appearance before any court as required under the conditions therein specified
- Matter of right before conviction
- Must first be arrested or deprived of his liberty because the prpose of bail is to release an
accused from imprisonment or detention until his conviction and yet secure his appearance at
the trial

Exception: person is charged with a capital offense, when the evidence of guilt is strong, or when the
offense for which one is charged is punishable by reclusion perpetua

Exception to the Exception: accused has failing health, hence, for humanitarian reasons, he may be
admitted to bail, but that is discretionary of the part of the court

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Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.

Who are not entitled to bail:

1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when
evidence of guilt is strong
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3) Persons who are members of the AFP facing a court martial.

Other rights in relation to bail.

1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is
suspended.
2) Excessive bail shall not be required.

Prohibition against imposition of excessive bail Purposes:

1. Safeguard the liability of the individual
2. Amounts to nullification of the right to bail is offensive to the constitution
3. Right to bail would become meaningless

Factors in determining whether bail is excessive or not

1. Ability to post bail
2. Nature of the offense
3. Penalty for the offense
4. Character of the accused
5. Health of the accused
6. Character and strength of evidence
7. Possibility of appearing
8. Forfeiture of other bonds
9. Whether accused was a fugitive from justice when he was arrested
10. Whether accused in under bond in other cases

Bail may be extradite provided that:

1. He will not be a flight risk or a danger to the community
2. Exist special, humanitarian and compelling circumstances

Pacta sunt servanda – signatory to a treaty is bound to comply with its duties under the same

 An accused who jumped bail waived his right to be present. He cannot offer a justifiable reason
for his non-appearance during the trial. Hence, after trial in absentia, the court can render
judgment in the case and promulgation may be made by simply recording the judgment in the
criminal docket with a copy served on the counsel, provided that notice requiring him to be
present at the promulgation is served on the bondsman, or warden and counsel
 Bail should be granted before arraignment, otherwise may be precluded from filing a motion to
quash. If the information is quashed and the case is dismissed, no need for arraignment
 To condition grant of bail to an accused on his arraignment, must choose between:
1. Filing a motion to quash and thus delay his release on bail because until his motion to quash
can be resolved, his arraignment cannot be held
2. Foregoing the filing of a motion to quash so that he can be arraigned at once and thereafter
be released on bail

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Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.

Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through recognizance.

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

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

Purposes:
1. To prepare his defense – exemplified by the reading of the information in a language understood
by the accused during arraignment
2. Explained and understood by him

Rights of a person charged with a criminal offense

1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf

Right to confrontation – meet the witnesses against him face to face

Purposes:
1. Cross-examine them to test their credibility (may be waived or if he fails to conduct such within
the time frame granted, court may rule he has already waived)
2. Enable the court to observe the demeanor of the witnesses

Express Exception: admission of dying declaration for it may be the only evidence of the prosecution

 Allegations in affidavits not testified upon in the trial are mere hearsay evidence and have no
substantial evidential value since the affiant himself never took the stand during the trial, his
sworn statement is absolutely inadmissible in evidence for being hearsay

Purpose of Right to have Compulsory Process: assure a full and unimpeded opportunity for him
Process to compel attendance of parties/witnesses: subpoena, subpoena duces tecum, warrant of
arrest, contempt, perpetuation of testimony and modes of discovery

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Trial in Absentia Purpose
- Speed up the disposition of criminal cases considering that if the accused would not always be
present, that would derail the trial
- Requirements:
1. Accused must be arraigned
2. Have been duly notified
3. Failure to appear must be unjustifiable

Effects if the waiver of the right to appear by the accused

1. There is waiver of the right to present evidence
2. Prosecution can present evidence if accused fails to appear
3. Court can decide without the accused’s evidence

 Right to due process is not violated, judgment will still be based on the evidence presented as
the prosecution is still bound to prove the guilt of the accused beyond reasonable doubt
 Arraignment in absentia is invalid – it needs the personal appearance of the accused.
Arraignment is the indispensable means of bringing the accused in court. Failure to arraign is
violative of due process

 When the accused escaped from confinement during the trial and after arraignment and so trial
in absentia proceeded and the judgment against him promulgated and still he remained at large,
he should not be afforded the right to appeal from the decision, unless he voluntarily submits to
the jurisdiction of the court, he is deemed to have waived the same and has no standing in court

Presumption of Innocence – based on the principle of justice; to prevent the conviction of one who is
innocent. Rule is that accusation is not synonymous to guilt. Conviction must be based on moral
certainty, for it is better to acquit a guilty person rather than to convict an innocent man

 Foundation of the ruling of acquittal is reasonable doubt, prosecution’s evidence was not
sufficient to sustain the guilt of the accused-petitioner beyond the point of moral certainty –
convinces and satisfies the reason and the conscience of those who are to act upon it.
 An acquittal based on reasonable doubt will prosper even though the accused’s innocence may
be doubted, for a criminal conviction rests on the strength of the evidence of the prosecution and
not on the weakness of the defense

Conscience test for conviction – conscience is satisfied that the crime has been committed by the
person on trial should the sentence be for conviction. If the prosecution’s evidence miserably fails to
pass the conscience test, then, the accused must be acquitted

 Right to Counsel – he may not know to establish his guilt. Constitution stands up for those who
cannot stand up for themselves.
o Merely intended to preclude the slightest coercion as would lead the accused to admit
something false. The lawyer should never prevent an accused from freely and voluntarily
telling the truth.
 Any statement obtained I violation of the accused’s constitutional right to counsel, whether
exculpatory or inculpatory, in whole or in part shall be inadmissible in evidence.
 Lawyer should be present “at all stages of the interview, counselling or advising reasonably at
every turn of the investigation, and stopping the interrogation once in a while either to give advise
to the accused that he may either continue, choose to remain silent or terminate the interview.

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  An accused cannot be charged with a crime, then convicted with another one in the same
proceedings because if it were so, then he would not be informed of the nature of the accusation
filed against hum, thus, violating his constitutional right.

Counsel de Oficio – no denial of the right to counsel, he was appointed during the absence of the
accused’s counsel de parte pursuant to the court’s desire to finish the case as early as practicable
under the continuous trial system

“DUE PROCESS” - This means that the accused can only be convicted by a tribunal which is required
to comply with the stringent requirements of the rules of criminal procedure.

“PRESUMPTION OF INNOCENCE” - The Constitution does not prohibit the legislature from providing
that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved
have a reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.

“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”

The right to be heard includes the following rights:
1. Right to be present at the trial
 The right to be present covers the period from ARRAIGNMENT to PROMULGATION of
sentence.
 After arraignment, trial may proceed notwithstanding absence of accused, provided 2 requisites
are met. Note, that trial in absentia is allowed only if the accused has been validly arraigned.
(i) Accused has been duly notified; and
(ii) His failure to appear is unjustifiable.
 The accused may waive the right to be present at the trial by not showing up. However, the court
can still compel the attendance of the accused if necessary for identification purposes.
Exception: If the accused, after arraignment, has stipulated that he is indeed the person charged
with the offense and named in the information, and that any time a witness refers to a name by
which he is known, the witness is to be understood as referring to him.
 While the accused is entitled to be present during promulgation of judgement, the absence of
his counsel during such promulgation does not affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must be
appointed
(iv) If the accused desires to obtain his own counsel, the court must give him a reasonable
time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses

“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM”

Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable him to make
his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the same cause
3) To inform the court of the facts alleged.

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If the information fails to allege the material elements of the offense, the accused cannot be convicted
thereof even if the prosecution is able to present evidence during the trial with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the information. It is not
determined based on the caption or preamble thereof nor from the specification of the provision of law
allegedly violated

“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”

Factors used in determining whether the right to a speedy trial has been violated.
1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the accused’s right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy.
This would be the effect even if the dismissal was made with the consent of the accused

Remedy of the accused if his right to speedy trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas corpus.

Definition of impartial trial

The accused is entitled to the “cold neutrality of an impartial judge”.
It is an element of due process.

Definition of public trial

The attendance at the trial is open to all irrespective of their relationship to the accused. However, if
the evidence to be adduced is “offensive to decency or public morals”, the public may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays,
either with the consent of the accused or if failed to object thereto.

“RIGHT TO MEET WITNESS FACE TO FACE”

Purposes of the right:
1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the witness

Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the
fault of the prosecution, the testimony of the witness should be excluded.

When the right to cross-examine is demandable

It is demandable only during trials. Thus, it cannot be availed of during preliminary investigations.
Principal exceptions to the right of confrontation
1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony

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

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Habeas Corpus – writ or order by the court directing a person detaining another to produce the body
at a designated place and time to show cause why the person is being detained. Person is brought to
court and hearing is conducted
Purpose: inquire into the ground for detention and to order the release if there is no justification for the
same.

Limitations on the power to suspend the writ of habeas corpus:

1. Must not exceed 60 days. Congress may extend the period upon initiative of the President,
period of extension is to be determined by Congress
2. Congress may revoke the suspension made by the President by at least a vote of the majority
of the members of Congress, voting jointly, which revocation may not be set aside by the
President
3. Suspension is subject to judicial review upon petition of any citizen
4. Apply only to persons judicially charged for rebellion or offenses inherent in or directly connected
with invasion
5. Persons detained or arrested during the suspension shall be judicially charged within 3 days,
otherwise, they will be released.

 Right to bail not suspended if the privilege is suspended except those charged with security
offenses or unless the offense is connected with the grounds for the suspension

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

Speedy Trial – free from vexatious, capricious and oppressive delays

- Purpose: to free accused from anxiety and expenses of a court litigation

Test in determining presence of the right to speedy trial

 Begin from the time of the filing of the information
1. Conduct of the parties
2. Length of delay
3. Reason of delay
4. Defendant’s assertion or non-assertion of the right

 One’s failure to question the delay in the trial of a case would be an implied acceptance of such
delay and a waiver of the right to question the same
 Right to a speedy trial is a privilege of the accused, if not claimed, he shouldn’t complain
 Accused must go on record in the attitude of demanding a trial or resisting delay. If he did not
do this, he must be held, in law, to have waived the privilege

Public Trial – held openly or publicly.

- Sufficient that relatives and friends are given the opportunity to witness the same
- Exclusion of the public from the trial is valid without violating the right to public trial when the
evidence to be produced is offensive to decency or public morals

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

When is a question incriminating:

A question tends to incriminate when the answer of the accused or the witness would establish a fact
which would be a necessary link in a chain of evidence to prove the commission of a crime by the
accused or the witness.

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Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by invoking the right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific
questions which would incriminate him in the commission of an offense.

Scope of right
1. What is PROHIBITED is the use of physical or moral compulsion to extort communication from
the witness or to otherwise elicit evidence which would not exist were it not for the actions
compelled from the witness.
2. The right does NOT PROHIBIT the examination of the body of the accused or the use of
findings with respect to his body as physical evidence. Hence, the fingerprinting of an accused
would not violate the right against self-incrimination. However, obtaining a sample of the
handwriting of the accused would violate this right if he is charged for falsification.
3. The accused cannot be compelled to produce a private document in his possession which might
tend to incriminate him. However, a third person in custody of the document may be compelled
to produce it.

When the right can be invoked:

1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property)

Who can invoke the right:

Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to
determine compliance with the conditions of the charter granted to them.

 Right against self-incrimination applies only to natural persons.

 Handwriting involves one’s intelligence and is equivalent to testimonial knowledge. It is violative
of the right
 What is prohibited is the use of physical or moral compulsion to extort communication from the
witness, not an inclusion of his body in evidence, when it may be material. It is simply a
prohibition against his will, an admission of guilt.

To attain objective of gathering evidence, the accused should be granted an immunity statute, either:
1. Use and fruit immunity statutes – evidence obtained cannot be used to prosecute the person.
He can however, be prosecuted and his guilt proved by other evidence
2. Transactional immunity statutes – evidence obtained cannot be used against the person in any
criminal prosecution
- State may not be interested in sending a person to prision but it exchanges the immunity to a
person to determine the motive for the commission of the crime. Even of the guilt can be proved
by other evidence, the person cannot be prosecuted.

Purpose of the Right: to avoid and prohibit positively the repetition and of the certainly inhuman
procedure of compelling a person in a criminal case, to furnish the missing evidence necessary for his
conviction

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

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

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Involuntary servitude - It is every condition of enforced or compulsory service of one to another no
matter under what form such servitude may be disguised.

Exceptions:
1. Punishment for a crime whereof one has been duly convicted
2. Service in defense of the State
3. Naval or merchant marine enlistment
4. Posse comimatus
5. Return to work order in industries affected with public interest
6. Patria potestas – minor children who are under the custody of their parents may require them to
perform certain acts and duties without violating rules against involuntary servitude

Purposes of Prohibition:
1. Abolish slavery of whatever name and form and all its badges and incidents
2. To render impossible any state of bondage
3. To make labo free by prohibiting the control by which the personal service of one is disposed by
or coerced for another’s benefit which is the essence of involuntary servitude

Servitude – state of involuntary or compulsory subjection to a master.

Peonage – state or condition of one person subject to the will of another

Slavery – one is entirely subjected to the will of another person

Involuntary servitude – there is a condition of enforced, compulsory service of another

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

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

Cruel or Unusual Punishment – barbarous and unknown to law, or wholly disproportionate to the
nature of the offense as to shook the moral sense of the community

 Punishment authorized by the statute is severe does not make it cruel or unusual
 It is the form of punishment as fixed in antiquity and not the severity of the same that makes it
cruel and unusual penalty
 Punishment is cruel when it involves torture or lingering death
 Death penalty is not cruel, unjust, excessive or unusual punishment, it is an exercise of the
State’s power to secure society against any threatened and actual evil

When is a penalty “cruel, degrading and inhuman”?

1. A penalty is cruel and inhuman if it involves torture or lingering suffering.
2. A penalty is degrading if it exposes a person to public humiliation.

Standards used:
1. The punishment must not be so severe as to be degrading to the dignity of human beings.

25 | P a g e
 2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe
punishment would.

Excessive fine - A fine is excessive, when under any circumstance, it is disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal law.

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

1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any liability to
pay money. Thus, all other types of obligations are not within the scope of this prohibition.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary
imprisonment because his liability is ex delicto and not ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.

Right against Double Jeopardy – after a person is charged with an offense which has been
terminated without his consent resulting in his acquittal or conviction may not be charged again for the
same offense

Requirements:
1. Valid indictment
2. Competent Court
3. Valid Arraignment
4. Valid Plea entered
5. Case is dismissed or otherwise terminated without the express consent of the accused

2 Kinds of Double Jeopardy

1. Speaks of the same offense – very same offense, attempt or frustration of an offense, which
necessarily includes or is included in the offense charged in the formal complaint or information
2. Speaks of the same act

 An offense charged necessarily includes that which is proved, when some of the essential
elements or ingredients of the former, as this is alleged in the complaint or information, constitute
the latter. And an offense charged is necessarily included in the offense proved, when the
essential ingredients of the former constitute or form a part of those constituting the latter.
 No double jeopardy if the first information was filed by a person who had no authority to do so,
hence, the information was not valid.

Requisites in invoking defense of double jeopardy

1. First jeopardy must have attached prior to the second
2. First jeopardy must have been validly terminated

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 3. Second jeopardy must be for the same offense or the second offense includes or is necessarily
included in the offense charged in the first information, or is an attempt to commit the same or a
frustration thereof

 There is former jeopardy when in the first case there was a valid complaint of information filed
in a court of competent jurisdiction, and after the defendant had pleaded to the charge, he was
acquitted or convicted or the case against him was terminated without his express consent
 If no jurisdiction, double jeopardy cannot attach
 No double jeopardy if the dismissal was with the consent of the accused
 Offense was not yet existing at the time of the first prosecution, no double jeopardy. No possibility
for him to be convicted for a non-existing crime as it merely supervened after his indictment for
the offense of frustrated homicide.
 If there is no supervening event, then accused can invoke double jeopardy

Requisites for a valid defense of double jeopardy: CODE: ATS

1) First jeopardy must have attached prior to the second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same offense as that in the first.

When does jeopardy ATTACH: (1st requisite) CODE: CICAV

1) A person is charged
2) Under a complaint or information sufficient in form and substance to sustain a conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.

When does jeopardy NOT attach:

1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents evidence of complete self-defense, and the court
thereafter acquits him without entering a new plea of not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary investigation is dismissed.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.

Examples of termination of jeopardy:

1) Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits.
3) Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the
accused.
4) Discharge of an accused to be a state witness. This amounts to an acquittal.

When can the PROSECUTION appeal from an order of dismissal:

1) If dismissal is on motion of the accused. Exception: If motion is based on violation of the right to
a speedy trial or on a demurrer to evidence.
2) If dismissal does NOT amount to an acquittal or dismissal on the merits
3) If the question to be passed upon is purely legal.

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4) If the dismissal violates the right of due process of the prosecution.
5) If the dismissal was made with grave abuse of discretion.

What are considered to be the “SAME OFFENSE”: (under the 1st sentence of Section 21)
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different provisions of the same law,
the prosecution for one will not bar the other so long as none of the exceptions apply.

Definition of double jeopardy (2nd sentence of Sec. 21)

Double jeopardy will result if the act punishable under the law and the ordinance are the same. For
there to be double jeopardy, it is not necessary that the offense be the same.

SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an offense
which necessarily includes the offense charged in the former information where:
1. The graver offense developed due to a supervening fact arising from the same act or omission
constituting the former charge.
2. The facts constituting the graver offense became known or were discovered only after the filing
of the former information.
3. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended
party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not discovered
because of the prosecution’s incompetence, it would not be considered a supervening event.

Effect of appeal by the accused:

If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole case
will be open to review by the appellate court. Such court may even increase the penalties imposed on
the accused by the trial court.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

Bill of attainder – law that punishes an act without judicial trial

- Law that substitute legislation for judicial determination of guilt

Ex-Post Facto Law

1. makes an act done criminal before the passing of the law and which was innocent when
committed and punishes such action
2. Aggravates a crime or makes it greater than when it was committed
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime
when it was committed
4. Alters the legal rules of evidence and receives less or different testimony than the law required
at the time of the commission of the offense in order to convict the defendant
5. Assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation
of a right which when done was lawful
6. Which deprives a person accused of a crime of some lawful protection to which he has become
entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty

Characteristics: Law must be penal, retroactive and prejudicial to the accused

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  Suspension of a public officer is not ex post facto nor a penalty, it is a result of a judicial
proceeding
 Prohibition against passage of ex post facto applies only to criminal legislation which affects the
substantial rights of the accused
 Penal Law – acts of the legislature which prohibit certain acts and establish penalties for their
violations, those that define crimes, treat of their nature and provide for their punishment

Definition of BILL OF ATTAINDER

1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be directed at a specifically named person. It may also refer
to easily ascertainable members of a group in such a way as to inflict punishment on them without
judicial trial.
3) Elements of the bill of attainder
1. There must be a LAW.
2. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE
MEMBERS of a GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

ARTICLE IX
CONSTITUTIONAL COMMISSIONS
A. Common Provisions

SECTION 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.

 Constitutional Commissions are independent to prevent interference in the exercise of their

powers and functions, some evidences are:
o Enjoy fiscal autonomy, removed by impeachment only (cant be charged of a criminal
offense, filed only in the lower house)

SECTION 2. Inhibitions of the Constitutional Commissions

1. Hold any other office or employment
2. Engage in the practice of any profession
3. Take part in the active management or control of any business which in any way be affected by
the functions of his office
4. Be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege
granted by the Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.

SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not
be decreased during their tenure. – intended to promote independence

SECTION 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with law.

SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

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SECTION 6. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules however shall not diminish,
increase, or modify substantive rights.
 Rules of Court is not applicable for cases submitted to the commission; exception: Judicial
Review (matters involving ConCom)

SECTION 7. Each Commission shall decide by a majority vote of all its Members any case or
matter brought before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the rules of the Commission
or by the Commission itself. Unless otherwise provided by this Constitution or by law,
any decision, order, or ruling of each Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

Decision-Making:
1. Each commission shall decide matter or cases by a majority vote of all the members within 60
days from submission.
 COMELEC may sit en banc or in 2 divisions.
 Election cases, including pre-proclamation controversies are decided in division, with
motions for reconsideration filed to the COMELEC en banc.
 The SC has held that a majority decision decided by a division of the COMELEC is a valid
decision.
2. As COLLEGIAL BODIES, each commission must act as one, and no one member can decide
a case for the entire commission. (i.e. The Chairman cannot ratify a decision which would
otherwise have been void)

Appeals:
1. Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under
Rule 65.
2. Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.

Enforcement:
 It has been held that the CSC can issue a writ of execution to enforce judgments which are final.

SECTION 8. Each Commission shall perform such other functions as may be provided by law.

Fiscal Autonomy – freedom from external control, guarantee of full flexibility to allocate and utilize
their resources with the wisdom and dispatch that their needs require.
- Recognizes power to levy, assess and collect fees, fix rates of compensation not exceeding
the highest rates authorized by law for compensation and pay plans of the government and
disburse such sums as may be provided by law and prescribed by them in the course of the
discharge of their functions
- Funds are automatically released

B. THE CIVIL SERVICE COMMISSION

SECTION 1.
Composition: Chairman and 2 Commissioners appointed by the President with CoApp. Consent
Term: 7 years without reappointment
Qualifications:
1. natural-born citizens of the Philippines
2. at least thirty-five years of age, at the time of their appointment
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 3. with proven capacity for public administration
4. must not have been candidates for any elective position in the elections immediately preceding
their appointment

 In no case shall any Member be appointed or designated in a temporary or acting capacity but
can be chosen by the Commissioners
 Commission have the power to promulgate rules of proceedings before them, and such may be
subject to final review by the SC
 With the Administrative Code of 1987, the Commission is constitutionally mandated to promote
morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the Civil Service

Under Executive Order No. 292, the Civil Service Commission’s functions:
1. Administer and enforce the constitutional and statutory provisions on the merit system for all
levels and ranks in the Civil Service;
2. Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the
Civil Service Laws and other pertinent laws;
3. Promulgate policies, standards and guidelines for the Civil Service and adopt plans and
programs to promote economical, efficient and effective personnel administration in the
government;
4. Formulate policies and regulations for the administration, maintenance and implementation of
position classification and compensation and set standards for the establishment, allocation and
reallocation of pay scales, classes and positions;
5. Render opinion and rulings on all personnel and other Civil Service matters which shall be
binding on all head of departments, offices and agencies and which may be brought to the
Supreme Court on certiorari;
6. Appoint and discipline its officials and employees in accordance with law and exercise control
and supervision over the activities of the Commission;
7. Control, supervise and coordinate Civil Service examinations. Any entity or official in government
may be called upon by the Commission to assist in the preparation and conduct of said
examinations including security, use of buildings and facilities as well as personnel and
transportation of examination materials which shall be exempt from inspection regulations;
8. Prescribe all forms for Civil Service examinations, appointment, reports and such other forms as
may be required by law, rules and regulations;
9. Declare positions in the Civil Service as may properly be primarily confidential, highly technical
or policy determining;
10. Formulate, administer and evaluate programs relative to the development and retention of
qualified and competent work force in the public service;
11. Hear and decide administrative cases instituted by or brought before it directly or on appeal,
including contested appointments, and review decisions and action of its offices and of the
agencies attached to it. Officials and employees who fail to comply with such decisions, orders,
or rulings shall be liable for contempt of the Commission. Its decisions, orders or rulings shall be
final and executory. Such decisions, orders, or rulings may be brought to Supreme Court on
certiorari by the aggrieved party within thirty (30) days from receipt of the copy thereof;
12. Issues subpoena and subpoena duces tecum for the production of documents and records
pertinent to investigations and inquiries conducted by it in accordance with its authority conferred
by the Constitution and pertinent laws;
13. Advise the President on all matters involving personnel management in the government service
and submit to the President an annual report on the personnel programs;
14. Take appropriate actions on al appointments and other personnel matters in the Civil Service
including extension of service beyond retirement age;
15. Inspect and audit the personnel actions and programs of the departments, agencies, bureaus,
offices, local government including government-owned or controlled corporations; conduct
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 periodic review of the decisions and actions of offices or officials to whom authority has been
delegated by the Commission as well as the conduct of the officials and the employees in these
offices and apply appropriate sanctions whenever necessary.
16. Delegate authority for the performance of any functions to departments, agencies and offices
where such functions may be effectively performed;
17. Administer the retirement program of government officials and employees, and accredit
government services and evaluate qualification for retirement;
18. Keep and maintain personnel records of all officials and employees in the Civil Service; and
19. Perform all functions properly belonging to a central personnel agency such as other functions
as may be provided by law

SECTION 2.
Scope of CSC:
1. branches,
2. subdivisions,
3. instrumentalities,
4. agencies of the government,
5. including GOCCs with original charters.

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  With Original Charter” means that the GOCC was created by special law/by Congress
 If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not
subject to the CSC jurisdiction.
 Even if once government-controlled, then becomes privatized, ceases to fall under CSC.
 Jurisdiction is determined as of the time of filing the complaint.

Appointments to civil service shall be:

A. Competitive positions - According to merit and fitness to be determined by competitive
examinations, as far as practicable except to positions which are policy-determining, primarily
confidential, or highly technical.
B. Non-competitive positions - No need for competitive examinations.
3 kinds
a) Policy-determining – formulate a method of action for the gov’t
b) Primarily confidential – more than ordinary confidence; close intimacy insures
freedom of intercourse without betrayals of personal
trust…
c) Highly technical – requires technical skill to a superior degree.

 The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the
administrative or legislative description given to it.
 Both types of positions are entitled to security of tenure. They only differ in the MANNER in which
they are filled.

 No officer or employee of the civil service shall be removed or suspended except for
cause provided by law. Cause is:
o related to and affects the administration of office, and
o must be substantial (directly affects the rights & interests of the public)

 No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
o Cannot solicit votes in favor of a particular candidate.
o Cannot give campaign contributions or distribute campaign materials.
o BUT: Allowed to express views on political issues, and to mention the names of the
candidates whom he supports.
o Prohibition does not apply to department secretaries
 The right to self-organization shall not be denied to government employees. The right to
organize does NOT include the right to strike
 Temporary employees of the Government shall be given such protection as may be
provided by law.
o 1). Not protected by security of tenure – can be removed anytime even without cause
o 2). If they are separated, this is considered an expiration of his term.
o 3). BUT: They can only be removed by the one who appointed them.
o 4). Entitled only to such protection as may be provided by law.
 Abolishment of office is allowed if it is done with good faith

Who may be appointed:

 RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be
appointed therein.
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  The CSC cannot disapprove an appointment just because another person is better qualified, as
long as the appointee is himself qualified.
 The CSC CANNOT add qualifications other than those provided by law.

Next-In-Rank Rule - While a person next in rank is entitled to preferential consideration, it does not
follow that only he, and no one else, can be appointed. Such person has no vested right to the position
and the appointing authority is not bound to appoint the person next in rank.

Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for
cause provided by law. It guarantees both procedural and substantive due process.
2) For “LEGAL CAUSE” – Cause is:
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so long as confidence
in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the
term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with that of the
appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is
not appointed by the proper appointing authority does not acquire security of tenure.

Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law
Temporary employees are covered by the following rules:
1). Not protected by security of tenure – can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in partisan political
activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names of the
candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize: The right to organize does NOT include the right to strike

SECTION 3. The Civil Service Commission

- central personnel agency of the Government
- shall establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service

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 - shall strengthen the merit and rewards system, integrate all human resources development
programs for all levels and ranks,
- institutionalize a management climate conducive to public accountability
- shall submit to the President and the Congress an annual report on its personnel programs.

SECTION 4. All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.

SECTION 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining to, and
the qualifications required for their positions.

SECTION 6. No candidate who has lost in any election shall, within one year after such election,
be appointed to any office in the Government or any government-owned or controlled
corporations or in any of their subsidiaries. (the spoils system – to prevent the practice of
distributing to members of political parties who may have won in the election to those who have
been rejected by the people, prohibition applies only to those who lost)
SECTION 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive
official shall hold any other office or employment in the Government or any subdivision,
agency or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.

Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries.
b). Period of disqualification: One (1) year after such election.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE
or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
 Examples:
 The Vice President may be appointed Cabinet member
 Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his office
d). Even Congress cannot, by law, authorize the appointment of an elective official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any subdivision,
agency, instrumentality, including GOCC’s and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his
position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned
in Art. VII, Sec.

SECTION 8. No elective or appointive public officer or employee shall receive additional, double,
or indirect compensation, unless specifically authorized by law, nor accept without the

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 consent of the Congress, any present, emolument, office, or title of any kind from any
foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect

compensation.

1) Prohibitions: applies to elected or appointed officers and employees

Cannot receive:
A. Additional – an extra reward given for the same office i.e. bonus
B. Double – when an officer is given 2 sets of compensation for 2 different offices
held concurrently by 1 officer
C. Indirect Compensation
2) EXCEPTION: Unless specifically authorized by law
A. “SPECIFICALLY AUTHORIZED” means a specific authority particularly directed to the
officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually
incurred are not prohibited
3) Cannot accept any present, emolument, office, title of any kind from foreign governments
UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.

B. THE COMMISSION ON ELECTIONS

SECTION 1.
Composition: Chairman and six Commissioners - appointed by the President with the consent
of the Commission on Appointments
Term: seven years without reappointment
Qualifications:
1. natural-born citizens of the Philippines
2. at least thirty-five years of age at the time of their appointment
3. holders of a college degree
4. not have been candidates for any elective position in the immediately preceding elections
 majority including the Chairman, shall be Members of the Philippine Bar who have been
engaged in the practice of law for at least ten years

COMELEC
- mandated to give life and meaning to the basic principle that sovereignty resides in the people
and all government authority emanates from them
- exercises not only administrative and quasi-judicial powers, but judicial power as well

SECTION 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.

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 Decisions, final orders, or rulings of the Commission on election contests involving
elective municipal and barangay offices shall be final, executory, and not appealable.
(3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment
of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.
* Right to Vote: Exclusion/Inclusion proceedings filed before trial court
(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
(5) Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of
government; and accredit citizens’ arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.
Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections
constitute interference in national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the Commission, in addition to
other penalties that may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
or exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
(7) Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance candidacies.
(8) Recommend to the President the removal of any officer or employee it has deputized,
or the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision.
(9) Submit to the President and the Congress a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.

Registration of political parties - for the State through the COMELEC may be able to supervise them.
Merely ministerial since it has to accept applicants, but subject to conditions and has the power
to decide on who between contending groups may use a particular political party to prevent
confusion in the mind of the electorates to who can use the political party

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite (cause speedy/accelerate) disposition of election cases,
including pre-proclamation controversies. All such election cases shall be heard and decided
in division, provided that motions for reconsideration of decisions shall be decided by the
Commission en banc.
 Not with cases of first instance but decided by division
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SECTION 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation
and other public utilities, media of communication or information, all grants, special
privileges, or concessions granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time,
and space, and the right to reply, including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in connection with the objective
of holding free, orderly, honest, peaceful, and credible elections.
 Don’t have the power to require print media to allocate space for candidates – taking property
without just compensation

Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any
subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative
measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through an
election called for that purpose.

COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC. It may,
however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example,
COMELEC may not regulate media practitioners, for this would violate the freedom of
expression.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election

laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.

 Has the exclusive power to investigate and prosecute election offenses. (Can deputize fiscal
to conduct preliminary investigation on election offenses and prosecute them)

SECTION 6. A free and open party system shall be allowed to evolve according to the free choice
of the people, subject to the provisions of this Article.

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Political Party - organized group of persons pursuing the same political ideals in a government and
includes its branches, and divisions

Importance of registration of a political party

1) Registration confers juridical personality on the party.
2) It informs the public of the party’s existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.

Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system

SECTION 8. Political parties, or organizations or coalitions registered under the party-list

system, shall not be represented in the voters’ registration boards, boards of election
inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled
to appoint poll watchers in accordance with law.

No Right to be Represented in Various Boards - Political parties, organizations, or coalitions registered

under the party-list system shall NOT be represented in the following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
 Political parties, etc. are entitled to appoint poll watchers in accordance with law.

SECTION 9. Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of the election and shall end thirty days after.

SECTION 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

 This section does not give candidates immunity from suit.

 Discrimination includes unequal treatment in the availment of media facilities.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall
be provided in the regular or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the Commission.

How provided
1. Funds certified by the COMELEC as necessary to defray the expenses for holding regular and
special elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or
special appropriations.
2. Funds should be certified by the COMELEC as necessary.
 Once approved, funds should be released automatically upon certification by the Chairman of
COMELEC.
C. COMMISSION ON AUDIT
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SECTION 1.
Composition: Chairman and two Commissioners - appointed by the President with the consent
of the Commission on Appointments
Term: seven years without reappointment
Qualifications:
1. natural-born citizens of the Philippines
2. at least thirty-five years of age at the time of their appointment
3. certified public accountants with not less than ten years of auditing experience, or
members of the Philippine Bar who have been engaged in the practice of law for at
least ten years
4. not have been candidates for any elective position in the elections immediately
preceding their appointment
 At no time shall all Members of the Commission belong to the same profession.

SECTION 2.
(1) The Commission on Audit shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with original charters, and on a post-
audit basis:
(a) constitutional bodies, commissions and offices that have been granted
fiscal autonomy under this Constitution;
(b) autonomous state colleges and universities;
(c) other government-owned or controlled corporations and their
subsidiaries; and
(d) such non-governmental entities receiving subsidy or equity, directly or
indirectly, from or through the Government, which are required by law or the
granting institution to submit to such audit as a condition of subsidy or equity.

However, where the internal control system of the audited agencies is inadequate,
the Commission may adopt such measures, including temporary or special pre-
audit, as are necessary and appropriate to correct the deficiencies. It shall keep the
general accounts of the Government and, for such period as may be provided by
law, preserve the vouchers and other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this
Article, to define the scope of its audit and examination, establish the techniques
and methods required therefor, and promulgate accounting and auditing rules and
regulations, including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of
government funds and properties.
Note:
1. The functions of COA can be classified as:
a. Examine and audit all forms of government revenues;
b. Examine and audit all forms of gov’t expenditures
c. Settle gov’t accounts
d. Promulgate accounting and auditing rules (including those for the prevention of
irregular…expenditures.
e. To decide administrative cases involving expenditures of public funds.
40 | P a g e
 2. COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted
simply by arithmetic process.
3. COA has authority not just over accountable officers but also over other officers who perform
functions related to accounting such as verification of evaluations and computation of fees
collectible, and the adoption of internal rules of control.
4. COA does not have the power to fix the amount of an unfixed or undetermined debt.
5. Where the following requirements are complied with, it becomes the ministerial duty of the
COA to approve and pass in audit vouchers for payment:
a. There is a law appropriating funds for a particular purpose;
b. There is a contract, made by the proper officer, entered into in conformity with the
above-mentioned law;
c. The goods or services covered by such contract have been delivered or rendered in
pursuance to such contract, as attested by the proper officer; and
d. Payment has been authorized by officials of the corresponding department or bureau.
6. Prosecutors may still review accounts already settled and approved by COA for the purpose
of determining possible criminal liability. This is because COA’s interest in such accounts is
merely administrative.
7. COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure
when regulations require public bidding for the sale of government property.

SECTION 3. No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.

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 non-governmental 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.

COA
- Philippine’s Supreme Audit Institution
- Constitutional office granted with power to audit all account pertaining to all government
revenuew and expenditures/uses of government resources and to prescribe accounting and
auditing rules, gives it exclusive authority to define scope and techniques for its audits, and
prohibits the legislation of any law which would limit its audit coverage

Principal Duties of COA

1. Examine, audit and settle all accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property owned or held in trust by, or pertaining to, the
government.
2. Promulgate accounting and auditing rules and regulations including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures,
or uses of government funds and properties.
3. Submit annual reports to the President and the Congress on the financial condition and operation
of the government.
4. Recommend measures to improve the efficiency and effectiveness of government operations.
5. Keep the general accounts of government and preserve the vouchers and supporting papers
pertaining thereto.
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 6. Decide any case brought before it within 60 days.
7. Performs such other duties and functions as may be provided by law.

ARTICLE X
LOCAL GOVERNMENT

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.
Note:
 A third autonomous regions would require a constitutional amendment.
 These political subdivisions, created by the Constitution cannot be replaced by
AMENDMENT, and not by law.
 While Congress can abolish or eradicate individual units, it cannot abolish an entire class of
LGU’s

Local Government – political subdivision of a state which is constituted by law and has substantial
control of local affairs, with officials elected or otherwise locally selected.
- Serve as the primary planning and implementation of policies and programs for they are
familiar with their needs
Barangay – serve as the primary planning and implementing units of government policies, plans,
programs, projects and activities and as a forum wherein the collective views of the people may
be crystallized, expressed and considered where disputes may be amicably settled.

 Congress may create special metropolitan political subdivisions, provinces, cities

municipality subject to the plebiscite requirement under Section 10 Article X of the
Constitution

Municipal Corporation – body politic and corporate constituted by the incorporation of the inhabitants
for the purpose of local government. Established by law partly as an agency of the state to assist in the
civil government of the country but chiefly to regulate and administer the local or internal affairs of the
city, town, or district which is incorporated.

Elements of Public Corporation

1. Legal Creation
2. Corporate Name
3. Inhabitants
4. Territory
Tests:
1. Voluntary/ involuntary nature of the corporation
2. Existence/ nonexistence of a charter
3. Whether the purpose of the corporation is solely as a governmental agency or one for self-
government
Dual Aspects of Public Corporations
1. Public, as agent of the State for the government of the territory and inhabitants within the
municipal limits in carrying on the functions of government which the state cannot conveniently
exercise. Exercises a part of the sovereignty of the state by delegation.
2. Private – as private corporation performing functions which are not governmental in character,
agency of the inhabitants of the community in the regulation of municipal franchises and public

42 | P a g e
 utilities promotion, management of local affairs, maintenance of water system, ferries, wharves,
etc.

Municipal Corporation- Applies to incorporated villages, towns and cities; with power of local
administration.

Public Corporation- Broader term, established for purposes connected with the administration of civil/
local government

Quasi- Municipal Corporations - Public corporations created as agencies of the state for a narrow/
limited purpose. Not possessed of powers/ liabilities of self-governing corporations. Generally relate to
matters of state as distinguished from municipal concerns.

Creation of Municipal Corporations

Nature
1. Essentially legislative
2. Exclusive/ unlimited
3. Can’t be delegated

Essential Requisites
1. Territory- contiguous
2. Population
3. Charter- invests people with power of local government

By prescription- Existence presumed if exercised powers claimed by a community, with knowledge

and acquiescence of legislature, without interruption.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

Concept of autonomy:
Decentralization - involves the devolution of national administration, not power, to LGUs.
Decentralization of administration – when government delegates administrative powers to
political subdivisions in order to broaden the base of government power and in the
process, make local governments more responsive and accountable and ensure their
fullest development as self-reliant communities and make them more effective partners
in the pursuit of national development and social progress
Decentralization of power – abdication of political power in favor of LGUs declared to be
autonomous (free to chart its own destiny and shape its future with minimum intervention
from central authorities.) Accounts for self-immolation

Concept of Local Autonomy: Exercise of basic powers

Various Reasons:
1. People know better their needs
2. Orderly administration of affairs
3. Desire to be self-reliant communities for them to be able to cope with their problems
using their own resources
Coverage: Power of LGUs to allocate their resources in accordance with their own priorities

Devolution – act by which the National Gov’t confers power and authority upon the various local
government units to perform specific functions and responsibilities
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Note:
 All political subdivisions shall enjoy local autonomy
 This does not mean that the LGU’s are completely free from the central government.
1. Judiciary may still pass on LGU actions
2. President may exercise disciplinary power over LGU officials.

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.

Enactment of Local Government Code

- Provide qualifications, election, appointment, removal, salaries, powers, functions and duties
of local officials
- Allocation of powers and functions of the different LGUs
- Provide mechanisms for recall, initiative and referendum
- Create LGUs with its powers and functions of its officials

Recall – process where registers voters of an LGU remove local elected officials due to loss of
confidence (under the present law, one person can now initiate recall election)
o Process that reaffirms the principle the Phil. is a democratic state
o Speedy remedy to remove erring officials rather than waiting for the next election

Initiative – process where people may directly propose the approval of local legislation, amendment
or revision of the same

Referendum – where people may reject, approve or amend an ordinance by a local legislative body

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.

Supervision – overseeing or the power or authority of an officer to see that subordinate officers perform
their duties
Control – power of an officer to alter or modify or nullify or set aside what a subordinate officer has
done in the performance of his duties and to substitute the judgment of the former for the of the
latter

 The president cannot substitute his judgment for that of an LGU official unless the latter is
acting contrary to law.
 The President may, however, impose administrative sanctions against LGU officials, such as
suspension for 120 days, and may even remove them from their posts, in accordance with
law.
 Provinces exercise direct supervision over component cities and municipalities.

44 | P a g e
  Cities and municipalities exercise direct supervision over component barangays.

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.

Requisites before the President may interfere in local fiscal matters:

1. An unmanaged public sector deficit of the national government
2. Consultations with the presiding officers of the Senate and House of Rep and presidents of
various local leagues
3. Corresponding recommendation of the secretaries of the Department of Finance, DILG and DBM
(Any adjustment in the allotment shall in no case be less than 30% of the collection of national
internal revenue taxes of the 3rd fiscal year preceding the current one)

Limitations on Power
1. It is subject to such guidelines and limitations as Congress may provide. See Local Government
Code for examples.
2. The guidelines set by Congress should be consistent with the basic policy of local autonomy.
 Accrual of taxes, fees, charges: The taxes, fees and charges shall accrue exclusively to the
local governments.

SECTION 6. Local government units shall have a just share, as determined by law, in the national
taxes which shall be automatically released to them.

Internal Revenue Allotment (IRA)

1. Share of LGUs in national taxes is limited to the internal revenue taxes.
2. The share of each LGU should be released, without need of any further action, directly to the
provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within 5
days after the end of each quarter.
3. The share of each LGU should not be subject to any lien or holdback that may be imposed by
the national government for whatever purpose.
4. Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development
projects.
5. Adjustments in IRA
a. Ground: Unmanageable public section deficit
b. President can make the necessary adjustments in the IRA upon the recommendation of the
following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6. IRA considered for purposes of conversion from one political subdivision to the next.

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.

Income – all revenues and receipts allocated or received forming the gross accretion of funds of LGUs

45 | P a g e
Share of LGUs in national wealth
1. LGUs are entitled to an equitable share in the proceeds of the utilization and development of the
national wealth within their respective areas in the manner provided by law.
2. This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1. LGUs have a share of 40% of the gross collection derived by the national government from the
preceding fiscal year from:
a. Mining taxes
b. Royalties
c. Forestry and fishery charges
d. Other taxes, fees and charges
e. Share in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth w/in their territorial jurisdiction

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.

Qualification of elective local officials

1. Citizen of the Philippines, registered voter in the brgy, mun., city or province, or in the case of
SP, SB, district where he intend to be elected, resident therein for at least 1 year immediately
preceding the day of election, and able to read and write Filipino or any other language or dialect
2. Governor, Vice-Gov or SP members, mayor, vice-mayor or SP members of highly-urbanized
cities – at least 23 y/o on election day
3. Mayor, Vice-Mayor of independent component cities, component cities or municipalities – at
least 21 y/o on election day
4. SP or SB members – 18 y/o
5. Brgy. Officials – 18 y/o
6. SK – 15 to 21 y/o

Disqualified from running for public office

1. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable
by 1 year or more of imprisonment, within 2 years after serving sentence
2. Removed from office as a result of an administrative case
3. Convicted by final judgment for violating the oath of allegiance to the Republic
4. With dual citizenship
5. Fugitives from justice in criminal or non-political cases here and abroad
6. Permanent residents in a foreign country or those who have acquired the right to reside abroad
and continue to avail of the same right after effectivity of LGC
7. Insane or feeble-minded

 After three consecutive terms therefore, an elective local official cannot seek immediate
reelection for a fourth term. The prohibited election refers to the next regular election for the
same office following the end of the third consecutive term. Any subsequent election, like a
recall election, is no longer covered by the prohibition for two reasons. First, a subsequent
election like a recall election is no longer an immediate reelection after three consecutive
terms. Second, the intervening period constitutes an involuntary interruption in the continuity
of service.
46 | P a g e
  Succession by law to a vacated government office is characteristically not voluntary since it
involves the performance of a public duty by a government official, the non-performance of
which exposes said official to possible administrative and criminal charges of dereliction of
duty and neglect in the performance of public functions. It is therefore more compulsory and
obligatory rather than voluntary.

SECTION 9. Legislative bodies of local governments shall have sectoral representation as may
be prescribed by law.

 Legislative bodies of the local governments shall have Sectoral Representation (under the
LGC) as may be provided by law
 There should be representatives from:
1) The women’s sector
2) The workers
3) Third sector (can choose from any of the following)
A) Urban poor
B) Indigenous cultural communities
C) Disabled persons
D) Any other sector as may be determined by the sanggunian

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. (Congress – body who has
the power to abolish an LGU)

 Plebiscite shall be conducted by the COMELEC within 120 days from the date of effectivity
of the law or ordinance effecting such action

Creation of LGU (attested by DoF, NSO, Land Mng’t Bureau of the DENR
1. Income – sufficient to provide all essential government facilities and services and special
functions commensurate with the size of its population
2. Population – determined on the total number of inhabitants within the territorial jurisdiction of the
LGU
3. Land Area – contiguous, unless it comprises 2 or more islands or separated by a LGU
independent of the others

 Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include
voters of the ENTIRE province, and not just the area to comprise the new province.
 LGC requirements relate to matters such as population, revenue, and area requirements.

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
executives and legislative assemblies. The jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic services requiring coordination.

Creation:

47 | P a g e
 1. Congress may create special metropolitan political subdivisions by law.
2. It is subject to a plebiscite

Jurisdiction of Metropolitan authority: It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1. The component cities and municipalities retain their basic autonomy
2. They shall be entitled to their own local executive and legislative assemblies.

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.

Independent Component Cities – their charters prohibit their voters from electing provincial officials
and voters are prohibited from running for an elective provincial office where it is part

Classification of Cities:
1. Highly urbanized (as determined by law)
2. Component cities (cities still under provincial control); and
3. Independent component cities (non-highly urbanized cities whose voters are prohibited
by the city charter from voting in provincial elections)

Independence from the Province

1. Highly urbanized cities and independent component cities are independent of the
province.
2. Component cities whose charter contain no such prohibition are still under the control of
the province and its voters may still vote for elective provincial officials.

SECTION 13. Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources for purposes commonly beneficial to them in accordance
with law.

Consolidation and Coordination of Efforts, Services and Resources

1. It is optional on the part of LGUs as shown by the use of the word “may”
2. It can be done for purposes commonly beneficial to them in accordance with the law.

Under LGC (Section 33)

1. Consolidation and coordination may be done through appropriate ordinances.
2. A public hearing should be conducted and the approval of the sanggunian obtained.
3. An LGU can:
a. Contribute funds, real estate, equipment and other kinds of property
b. Appoint/assign personnel under such terms and conditions as may be agreed upon
by the participating LGUs through Memoranda of Agreement.

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
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 the units therein and to accelerate the economic and social growth and development of
the units in the region.

Autonomous Region

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.

Creation:
1. Provided by law.
2. EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes
cast in a plebiscite held among the constituent units.
3. Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite
shall form part of the autonomous region.
4. If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in the
Cordillera plebiscite)
5. The question of which LGU’s shall constitute an autonomous region is one which is
exclusively for Congress to decide.

SECTION 16. The President shall exercise general supervision over autonomous regions to
ensure that the laws are faithfully executed.

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.

 Creation shall take effect only when approved by a majority of the votes cast by the
constituent units in a plebiscite and only those provinces or cities where a majority voted in
favor of the Organic Act shall be included in the autonomous region
 An autonomous region must be composed of at least 2 or more provinces
 No grant to them powers on foreign relations, defense, currency, system of education

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 multisectoral
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.

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.

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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.

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:
(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.
 Nos. 1 to 8 cannot be exercised unless authorized by law
 ARMM Regional Assembly was delegated with the power to create provinces, cities, municipal
and barangays within the ARMM thru Congress legislation

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.

ARTICLE XI
Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest lives.

 All government officials and employees have the duty to be responsive to the needs of the people
they are called upon to serve.
 The constitutional principle of a public office as a public trust precludesany proprietary claim to
public office.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office, on
impeachment for, and conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public
officers and employees may be removed from office as provided by law, but not by
impeachment.

 Impeachable Officers:
1. President
2. Vice President

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 3. Chief Justice and Associate Justices of the Supreme Court
4. Chairmen and Members of the Constitutional Commissions
5. Ombudsman

 Grounds for Impeachment:

1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Other High Crimes
6. Betrayal of Public Trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.
1. These officers cannot be charged in court with offenses that have removal from office as penalty.
2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would disqualify him from his position.
4. BUT AFTER an official has been impeached, he can be charged with the appropriate offense.
5. Resignation by an impeachable official does not place him beyond the reach of impeachment
proceedings; he can still be impeached

SECTION 3. (Procedure of Impeachment Proceeding)

(1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement by any Member
thereof, which shall be included in the Order of Business within ten session days, and
referred to the proper Committee within three session days thereafter. The Committee,
after hearing, and by a majority vote of all its Members, shall submit its report to the
House within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the House within
ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third
of all the Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. No person shall be convicted without the concurrence of
two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the
purpose of this section.
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Procedure:
A. Impeachment Proceeding
1. Filling of verified complaint
Can be filed by:
a. Any member of the House of Representatives or
b. Any citizen upon a resolution of endorsement by any Member of the House or
c. By at least 1/3 of all the Members of the House of Representatives
2. Order of business with 10 session days
3. Referral to Committee of Justice within 3 session days thereafter
4. Committee report to the House together with corresponding resolution
a. There should be a hearing
b. There should be a majority vote of the members
c. The report should be submitted within 60 days from referral, after hearing, and by a
majority vote of ALL its members.
B.
5. Calendaring of resolution for consideration by the House. Should be done within 10 session days
from receipt thereof
C. Initiation of Impeachment Case
6. Vote of at least 1/3 of all Members of the House necessary to:
a. Affirm a favorable resolution with the Articles of Impeachment of the Committee or
b. To override its contrary resolution
Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall
proceed.
7. Trial in the Senate
a. Senate has the sole power to try and decide all cases of impeachment
b. For this purpose, the Senators shall be under oath or affirmation
c. When the President of the Philippines is on trial, the CJ of the Supreme Court
presides. However, he/she will not vote.
8. Judgment of Conviction: requires the concurrence of 2/3 of all the Members of the Senate
9. Effect of the Impeachment
a. Removal from office of the official concerned
b. Disqualification to hold any office under the Republic of the Philippines
c. Officer still liable to prosecution, trial, and punishment if the impeachable offense
committed also constitutes a felony or crime.

 Initiation of Impeachment case – when it constitute Articles of Impeachment transmitted to

Senate
 The Committee may not refuse to make a report to the Lower House because the Constitution
prescribes a 60-day period within which to submit its report, mandamus will lie to compel it to
perform its duty.
 Pardon is not allowed in the event of conviction in an impeachment trial
 Initiation start with the filing of the complaint accompanied by an action to set the complaint
moving.
 An impeachment case is the legal controversy that must be decided by the Senate and by 1/3
vote, the House has the exclusive power to initiate all cases of impeachment. However, before
a decision is made to initiate a case in the Senate, a “proceeding” must be followed to arrive at
a conclusion. A proceeding must be initiated. If at least 1/3 uphold the complaint, Articles of

52 | P a g e
 Impeachment are prepared and transmitted to the Senate. It is at this point that the House
initiates an impeachment case and an impeachable public official is successfully impeached
(successfully charged with an impeachment case before the Senate as impeachment court)
 Proceeding is initiated or begins, when a verified complaint is filed and referred to the Committee
on Justice for action, which is the initiating step which triggers the series of steps that follow
 As to Section 3(5), it means no 2nd verified complaint may be accepted and referred to the
Committee on Justice for action

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.

 Composition: 1 Justice and 8 Justices

 Same rank with the Justice of the Court Appeals
 Unanimous vote of all 3 members is required for the pronouncement of a judgment by division
 Its decisions are reviewable by the SC on petition for review on certiorari

SECTION 5. (Composition)There is hereby created the independent Office of the Ombudsman,

composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one
Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment
may likewise be appointed.

SECTION 6. The officials and employees of the Office of the Ombudsman, other than the
Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.

SECTION 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may
be provided by law, except those conferred on the Office of the Ombudsman created
under this Constitution.

SECTION 8. (Qualifications)The Ombudsman and his Deputies shall be

1. natural-born citizens of the Philippines,
2. at least 40 years old at the time of their appointment
3. of recognized probity and independence
4. members of the Philippine Bar
5. must not have been candidates for any elective office in the immediately preceding election.
 The Ombudsman must have for ten years or more been a judge or engaged in the practice of
law in the Philippines

During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this Constitution.

SECTION 9. (Appointment) The Ombudsman and his Deputies shall be appointed by the President
from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of
three nominees for every vacancy thereafter. Such appointments shall require no confirmation.
All vacancies shall be filled within three months after they occur.

SECTION 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary,
which shall not be decreased during their term of office.

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SECTION 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.

SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly
on complaints filed in any form or manner against public officials or employees of the
Government, or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in appropriate cases, notify the
complainants of the action taken and the result thereof.

SECTION 13. The Office of the Ombudsman shall have the following powers, functions, and
duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
 The SC held that the power to investigate and prosecute cases involving public officers
and employees has been transferred to the Ombudsman.
 The Ombudsman may always delegate his power to investigate.
 The power to investigate includes the power to impose preventive suspension.
 This preventive suspension is not a penalty.
 “INVESTIGATE” does not mean preliminary investigation.
 The complaint need not be drawn up in the usual form.
 The “ILLEGAL” act or omission need not be in connection with the duties of the public
officer or employee concerned.
 ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
 The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps
are taken by the officers concerned.
 The public official or employee must be employed in: Government, any subdivision,
agency, or instrumentality thereof; or GOCC’s with original charters
 The SC has held that the SP may prosecute before the Sandiganbayan judges accused
of graft and corruption, even if they are under the Supreme Court.

(3) Direct the officer concerned to take appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure,
or prosecution, and ensure compliance therewith.
 The Ombudsman does NOT himself prosecute cases against public officers or
employees.
 Final say to prosecute still rests in the executive department.
 The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to
prosecute.
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 (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as
may be provided by law, to furnish it with copies of documents relating to contracts
or transactions entered into by his office involving the disbursement or use of public
funds or properties, and report any irregularity to the Commission on Audit for
appropriate action.
(5) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
(6) Publicize matters covered by its investigation when circumstances so warrant and with
due prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in
the Government and make recommendations for their elimination and the observance
of high standards of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law.

 For a complaint to constitute “disgraceful and immoral behavior”, distinction between public
and secular morality, and religious morality should be kept in mind. Thus, government action,
including its proscription of immorality as expressed in criminal law like adultery or
concubinage, must have secular purpose. There is no law which penalizes an unmarried
mother by reason of her sexual conduct or prescribed the consensual sexual activity between
2 unmarried persons. But those having extramarital relations with a married person, there is
a cause for administrative sanction for this is a “disgraceful and immoral conduct”. The
sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a
special contract of permanent union, such constitutes betrayal of marital vow of fidelity.
 The Ombudsman has the authority to investigate acts of public officers related or not to
official duty.
 It can act even if the letter-complaint is anonymous, filing of complaints in any form and
manner is permitted, the Constitution took into account the reticence of the people which
keeps them from complaining against official wrongdoing.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

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 (unreasonable delay due to claim or privilege/assertion of right), or estoppel.
 Their right to prosecute criminally these officials and employees may prescribe.

SECTION 16. No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or controlled
bank or financial institution to the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the
Ombudsman, or to any firm or entity in which they have controlling interest, during their
tenure.

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,

55 | P a g e
 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.

SECTION 18. Public officers and employees owe the State and this Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or acquire
the status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XII
National Economy and Patrimony

SECTION 1. National Economy3-Fold Goal

1. more equitable distribution of opportunities, income, and wealth
2. sustained increase in the amount of goods and services produced by the nation for the benefit
of the people
3. expanding productivity as the key to raising the quality of life for all, especially the
underprivileged

Promotion of industrialization and full employment

1. based on sound agricultural development and agrarian reform
2. through industries that make full and efficient use of human and natural resources, and which
are competitive in both domestic and foreign markets
3. protect Filipino enterprises against unfair foreign competition and trade practices

 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.

SECTION 2.
• Owned by the State - 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
• Not be alienated - all other natural resources with the exception of agricultural lands
• Activities on owned by the State conditions:
1. Exploration, development, and utilization of natural resources under the full control and
supervision of the State
2. Directly undertake such activities, or it may enter into co-production, 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 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.
3. 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.
4. 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.
5. 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
56 | P a g e
 the country. The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.Principle of Checks and Balances

• Regalian Doctrine – reserves to the State the full ownership of all natural resources or
natural wealth, the State is the source of any asserted right to ownership of land and charged
with the conservation of such patrimony
• Imperium - Government authority possessed by the State which is appropriately embraced
in sovereignty.
• Dominium - The capacity of the State to own and acquire property. It refers to lands held by
the government in a proprietary character: can provide for the exploitation and use of lands
and other natural resources.

SECTION 3. Classifications of Lands of Public Domain:

1. agricultural
2. forest or timber
3. mineral lands,
4. national parks

• 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.

• Need for classification of land – there must be a positive act of the government such as an
official proclamation, declassifying inalienable public land into disposable land for agricultural or
other purposes.
• To overcome presumption, there must be a positive act declaring land of the public domain as
alienable and disposable. To prove that the land subject of an application for registration is
alienable, the applicant must establish the existence of a positive act of the government such
as presidential proclamation or an executive order, administrative action, investigation reports
of Bureau of Lands investigators and legislative act or statute. Applicant may secure a
certification from the government that the land claimed to have been possessed for the required
number of years is alienable and disposable.

• Means by Which Lands of the Public Domain Become Private Land

1. Acquired from government by purchase or grant;

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 2. Uninterrupted possession by the occupant and his predecessors-in-interest since time
immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for
a period of 30 years.

• Upon completion of the requisite period, the land becomes private property ipso jure
without need of any judicial or other sanction.
• Here, in possession since time immemorial, presumption is that the land was never part
of public domain.
• In computing 30 years, start from when land was converted to alienable land, not when it
was still forest land
• Presumption is that land belongs to the State.

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.

• As general rule, aliens may not own lands in the Philippines. Under the constitution, save in
cases of hereditary succession (intestate succession for if it were testate succession, there
would be commission of fraud, no contractual will) no private lands shall be transferred or
conveyed, except to individuals, corporations or associations qualified to acquire or hold lands
of the public domain.
• The law provides that no condominium unit can be sold without at the same time selling the
corresponding amount of rights, shares or other interests in the condominium management
body, the Condominium Corporation, and no one can buy shares in a Condominium Corporation
without at the same time buying a condominium unit. It expressly allows foreigners to acquire
condominium units and shares in condominium corporations up to not more than 40% of the
total and outstanding capital stock of a Filipino-owned or controlled corporation. Under this set
up, the ownership of the land is legally separated from the unit itself. The land is owned by a
Condominium Corporation and the unit owner is simply a member in this Condominium
Corporation. As long as 60% of the members of this Condominium Corporation are Filipinos,
the remaining members can be foreigners.
• The Roman Catholic Church can acquire alienable lands since it is a corporation sole which is
not covered by the prohibition against corporations or associations.

SECTION 5. The State, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

• Indigenous Cultural Communities/Indigenous Peoples (ICCs or IPs) - group of people or

homogenous societies identified by self-ascription and ascription by other, who have
continuously lived as organized community on communally bounded and defined territory, and
who have, under claims of ownership since time immemorial, occupied, possessed customs,
tradition and other distinctive traits, or who have, through resistance to political, social and
cultural inroads of colonization, non-indigenous religions and culture, became historically
differentiated from the majority of Filipinos.
• Ancestral Lands - land occupied, possessed and utilized by individuals, families and clans who
are members of the ICCs/lPs since time immemorial, by themselves or through their
predecessors-in-interest, under claims of individual or traditional group ownership. continuously,
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 to the present except when interrupted by war, force majeure or displacement by force, deceit,
stealth, or as a consequence of government projects and other voluntary dealings entered into
by government and private individuals/ corporations, including, but not limited to, residential lots,
rice terraces or paddies, private forests, swidden farms and tree lots.
• Ancestral Domain - It refers to lands which are considered as pertaining to a cultural region.
This includes lands not yet occupied, such as deep forests.

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.

SECTION 7. General rule: Private lands CAN only be transferred or conveyed to:
1. Filipino citizens
2. Corporations or associations incorporated in the Philippines, at least 60% of whose capital
is owned by Filipino citizens

Exceptions:
1. In intestate succession, where an alien heir of a Filipino is the transferee of private land.
2. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a
transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be
used only for residential purposes. In this case, he only acquires derivative title.
3. Foreign states may acquire land but only for embassy and staff residence purposes.

 Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship
after acquiring the land does not deprive ownership.
 Restriction against aliens only applies to acquisition of ownership. Therefore:
1. Aliens may be lessees or usufructuaries of private lands
2. Aliens may be mortgages of land, as long as they do not obtain possession thereof and
do not bid in the foreclosure sale.
 Land tenure is not indispensable to the free exercise of religious profession and worship. A
religious corporation controlled by non-Filipinos cannot acquire and own land, even for religious
purposes.

• Remedies to recover private lands from disqualified aliens:

1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
B. Alien still has the title (didn’t pass it on to one who is qualified)

SECTION 8. Natural-born citizen of the Philippines who has lost his Philippine citizenship may
be a transferee of private lands.
• if the land is invalidly transferred to an alien who subsequently becomes a citizen or transfers it
to a citizen, the flaw in the original transaction is considered cured and the title of the transferee
is rendered valid.

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 • When the Constitution speaks of national patrimony, it refers not only to the natural resources
of the Philippines, as the Constitution could have very well used the term natural resources, but
also to the cultural heritage of the Filipinos.

SECTION 9. National Economic Development Authority Mission - formulate development plans and
ensure that plan implementation achieves the goals of national development. The powers and functions
of the NEDA reside in the NEDA Board

SECTION 10. Filipino First Policy - In the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference to qualified Filipinos.

SECTION 11. No franchiseprivilege granted by gov’t, 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

 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.
 The power of the State to regulate public utilities is founded upon the police power of the State
and statutes prescribing rules for the control and regulation of public utilities are a valid exercise
thereof.
 When private property is used for a public purpose and is affected with public interest, it ceases
to be juris privati only and becomes subject to regulation. The regulation is to promote the
common good. Submission to regulation may be withdrawn by the owner by discontinuing use;
but as long as use of the property is continued, the same is subject to public regulation.

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.

• Legislative Act: Act to Require the Use, under Certain Conditions of Philippine Made Materials
or products in Government Projects or Public Works and Construction, whether done directly by
the government or awarded through contracts
• Before a foreigner can work in the Philippines, he must acquire certification that the skill required
for the position is not available in the Phil.

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.

• principle of reciprocity in international trade relations.

• Reciprocity - recognition by one or two countries of the rights and privileges of one another and
vice-versa.

SECTION 14.
The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.

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 • The practice of professions in the Philippines is limited to Filipino citizens. That is why a Chinese
who did not elect Philippine citizenship within three (3) years upon attaining the age of majority
was not allowed to take the Bar Examination, hence, could not practice his profession.

SECTION 15. The Congress shall create an agency to promote the viability and growth of cooperatives
as instruments for social justice and economic development. - Cooperative Code (RA 9520)

SECTION 16.

• The creation of private corporations is governed by the Corporation Code

1. Private corporations - Congress can only provide for the formation, etc of private corporations
through a general law.
2. GOCC’s: They may be created by:
a. Special charters in the interest of the common good and subject to the test of economic
viability.
b. By incorporation under the general corporation law.

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.

• When the Constitution said "the State" in the above provision, it means the Congress acting
through a valid legislation and not the President.
• the President alone can declare a state of national emergency, however, without legislation, he
has no power to take over privately-owned public utility or business affected with public interest.
The President cannot decide whether exceptional circumstances exist warranting the takeover
of privately-owned public utility or business affected with public interest. Nor can he determine
when such exceptional circumstances have ceased. Likewise, without legislation, the President
has no power to point out the types of business affected with public interest that should be taken
over. In short, the President has no absolute authority to exercise all the powers of the State
under Section 17

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 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.

• Revised Penal Code which provides for the acts and corresponding penalties for monopolies
and combinations in restraint of trade is the only anti-trust law in the Philippines.

SECTION 20.
• Republic Act No. 7653, the New Central Bank Act - establishment of an independent monetary
authority which is now known as the Bangko Sentral ng Pilipinas.

• Special Economic Powers of the Government

1. Temporary takeover or direction of operations:
A. Conditions
• National emergency and
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 • When the public interest requires
B. May be used against privately owned public utilities or businesses affected with public
interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.

2. Nationalization of vital industries:

A. Exercised in the interest of national welfare or defense
B. Involves either:
i. Establishment and operation of vital industries; or
ii. Transfer to public ownership, upon payment of just compensation, public utilities and
other private enterprises to be operated by the government.

SECTION 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.

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.

• Anti-Dummy Law – mandates acts which violate its provisions shall be punished by
imprisonment. President, managers or persons who violate the decree shall be criminally liable.

ARTICLE XIII: Social Justice and Human Rights

SECTION 1.
1. 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.
2. State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.
3. Promotion of social justice shall include the commitment to create economic opportunities
based on freedom of initiative and self-reliance.

Comprehensive Agrarian Reform Law (CARL) - means of diffusing wealth, The law seeks to reduce
landholdings and excess of the allowable retention limits, the land belonging to some landlords are
distributed to the tenants at cost. Means of the regulation of 2 nd paragraph.

Social Justice - promotion of the welfare of all the people, the adoption by the Government of
measures calculated to insure economic stability of all the component 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

Labor

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SECTION 3. The State shall
1. Afford full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all.
2. 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.
3. Entitled to security of tenure, humane conditions of work, and a living wage.
4. Participate in policy and decision-making processes affecting their rights and benefits as may
be provided by law.
5. 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.
6. 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 on
investments, and to expansion and growth.

 Shared responsibility between the employee-employer relationship to promote industrial

peace as it would ultimately redound to their common benefit. It is likewise the duty of the State
to regulate the relations between labor and capital by providing for means of resolving labor
disputes like:
1) Collective bargaining, where the parties can negotiate for better terms of employment without
prejudice to the right of management to protect its interest
2) Arbitration which may be voluntary or involuntary. In voluntary arbitration, the parties agree to
submit their dispute to a third person for determination; In voluntary arbitration, they are
compelled to submit their dispute to a court or government agency for determination.

Agrarian and Natural Resources Reform

SECTION 4.
1. 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.
2. 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.
3. In determining Retention limits, the State shall respect the right of small landowners.
4. Provide incentives for voluntary land-sharing.CARL
5. 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.
6. 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.
7. Resettle landless farmers and farmworkers in its own agricultural estates which shall be
distributed to them in the manner provided by law.
8. Protect the rights of subsistence Fishermen, especially of local communities, to the preferential
use of local 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.
9. 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.

Land reform - based on the philosophy: “land for the landless”. It is an implementation of the principle
of just distribution of all agricultural lands. It must not, however, impair the rights of small
agricultural owners and small homestead settlers. It is designed to benefit the poor, but
it would be self-defeating if the Constitution does not make reservation for the small
property owners

Urban Land Reform and Housing

SECTION 9.
1. By law, and for the common good, undertake, in cooperation with the public sector, a continuing
program of urban land reform and housing which will make available at affordable cost decent
housing and basic services to underprivileged and homeless citizens in urban centers and
resettlements areas
2. Promote adequate Employment opportunities to such citizens.
3. In the implementation of such program the State shall Respect the rights of small property
owners.
4. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in
accordance with law and in a just and humane manner.
5. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation
with them and the communities where they are to be relocated.
• It is the policy of the State to 1provide them resettlement areas prior to eviction. But if ever they
are relocated to other places there must first be 2adequate consultation with them and the
communities where they are to be relocated. If they are not adequately consulted, their
resettlement may violate their liberty of abode.
• The person to be evicted be accorded due process or an opportunity to controvert the allegation
that his or her occupation or possession of the property involved is unlawful or against the will
of the owner, that should the illegal or unlawful occupation be proven, the occupant be sufficiently
notified before actual eviction or demolition is done; and that there be no loss of lives, physical
injuries or unnecessary loss of or damage to properties. It does not mean that the validity or
legality of the demolition or eviction is hinged on the existence of a resettlement area designated
or earmarked by the government.

Health

SECTION 11.
1. 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.
2. There shall be Priority for the needs of the underprivileged sick, elderly, disabled, women, and
children.
3. Endeavor to provide free medical care to paupers.
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 4. 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.
5. Establish a Special agency for disabled persons for rehabilitation, self-development and self-
reliance, and their integration into the mainstream of society.

Women

1. 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.

Role and Rights of People’s Organizations

1. 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.
2. 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.

 People’s organizations - bona fide associations of citizens with demonstrated capacity to

promote the public interest and with identifiable leadership, membership, and structure.

Human Rights

SECTION 17. independent office called the Commission on Human Rights.

 Composition: Chairman and four Members
 Qualifications: 1natural-born citizens of the Philippines and a majority of whom shall be
2members of the Bar.

 Until this Commission is constituted, the existing Presidential Committee on Human Rights shall
continue to exercise its present functions and powers.
 The approved annual appropriations of the Commission shall be automatically and regularly
released.
SECTION 18. The Commission on Human Rights powers and functions:
1. Investigate 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 underprivileged whose human rights have been violated or need protection
4. Exercise Visitorial powers over jails, prisons, or detention facilities;
5. Establish a Continuing program of research, education, and information to enhance respect for
the primacy of human rights;
6. Recommend to the 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;

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 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
11. Perform such other duties and functions as may be provided by law.

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.

• The Commission on Human Rights was not meant by the fundamental law to be another court
or quasi-judicial agency in this country, duplicate or much less take over the functions of the
latter. The most that may be conceded to the Commission in the way of adjudicative power is
that it may investigate. But fact-finding is not adjudication and cannot be likened to the
judicial function of a court of justice, or even a quasi-judicial agency or official, the function of
receiving evidence and ascertaining therefrom the facts of a controversy is not a judicial function,
properly speaking. To be considered such, the faculty of receiving evidence and making factual
conclusions in a controversy must be accompanied by the authority of applying the law to those
factual conclusions to the end that the controversy may be decided or determined authoritatively,
finally and definitively, subject to such appeals or modes of review as may be provided by law.
This function to repeat, the Commission does not have. Thus, the CHR may only investigate,
not adjudicate, alleged violations of civil and political rights.

ARTICLE XIV: Education, Science and Technology, Arts, Culture, and Sports

Education:
State Mission: Protect and promote the right of all citizens to quality education at all levels and shall
take appropriate steps to make such education accessible to all.

Concept of education - process where a person undergoes physical mental psychological, moral
training and development of the faculties of an Individual. Through education, an individual
acquires knowledge, skills, values to render him fit to compete in a battle for survival and to be
able to perform duties in life. It may be formal or informal like when out of school youth go to
school to study under special programs.

SECTION 2. Goals of the State on Education:

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 right 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 underprivileged;
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.
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SECTION 3. Educational Institutions Requirements
a. shall Include the study of the Constitution as part of the curricula.
b. Inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country, teach the
rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character
and personal discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge, and promote vocational efficiency.
c. At the option expressed in writing by the parents or guardians, Religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular class
hours by instructors designated or approved by the religious authorities of the religion to which
the children or wards belong, without additional cost to the Government.

SECTION 4. Educational Systems

1. Recognizes the complementary roles of public and private institutions in the educational
system and shall exercise reasonable supervision and regulation of all educational
institutions.
2. Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or associations
at least sixty per centum of the capital of which is owned by such citizens. The Congress
may, however, require increased Filipino equity participation in all educational institutions.
The control and administration of educational institutions shall be vested in citizens
of the Philippines.
No educational institution shall be established exclusively for aliens and no group
of aliens shall comprise more than one-third of the enrollment in any school. The
provisions of this subsection shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.
3. 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.
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.

SECTION 5. (on all Citizens)

1. Take into account regional and sectoral needs and conditions and shall encourage local planning
in the development of educational policies and programs.
2. Academic freedom shall be enjoyed in all institutions of higher learning.
3. Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.
4. Enhance the right of teachers to professional advancement. Non-teaching academic and non-
academic personnel shall enjoy the protection of the State.
5. Assign the highest budgetary priority to education and ensure that teaching will attract and retain
its rightful share of the best available talents through adequate remuneration and other means
of job satisfaction and fulfillment.
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Academic Freedom Concept:
• 1The freedom of the university to determine who may teach; what may be taught; how it shall be
taught; and who may be admitted to study.
• 2The freedom of the teacher or research worker in institutions of higher learning to investigate
and discuss the problems of his science and to express his conclusions, whether through
publication or in the instruction of the students, without interference from political or ecclesiastical
authority, or from the administrative officials of the institution in which he is employed, unless his
methods are found by qualified bodies of his own profession , to be completely incompetent or
contrary to professional ethics
• It is free from outside coercion or interference when the overriding public welfare calls for some
restraint.

• Limitations on academic freedom:

(1) the dominant police power of the State;
(2) the social interests of the community

• Reasons for the validity of the laws:

(1) schools and their administrators stand in loco parentis with respect to their students;
(2) minor students have contextually fewer rights than an adult, and are subject to the custody
and supervision of their parents, guardians, and schools;
(3) schools, acting in loco parentis, have a duty to safeguard the health and well-being of
their students and may adopt such measures as may reasonably be necessary to
discharge such duty;
(4) schools have the right to impose conditions on applicants for admission that are fair, just,
and non-discriminatory.

Language
1. National language of the Philippines is Filipino. As it evolves, it shall be further developed and
enriched on the basis of existing Philippine and other languages.
2. Take steps to initiate and sustain the use of Filipino as a medium of official communication and
as language of instruction in the educational system.
3. For purposes of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
4. Regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.
5. Establish a national language commission composed of representatives of various regions and
disciplines which shall undertake, coordinate, and promote researches for the development,
propagation, and preservation of Filipino and other languages.

Science and Technology

1. Essential for national development and progress. The State shall give priority to research and
development, invention, innovation, and their utilization; and to science and technology
education, training, and services. It shall support indigenous, appropriate, and self-reliant
scientific and technological capabilities, and their application to the country’s productive systems
and national life.
2. Congress may provide for incentives, including tax deductions, to encourage private participation
in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms
of incentives shall be provided to deserving science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.
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 3. Regulate the transfer and promote the adaptation of technology from all sources for the national
benefit. It shall encourage the widest participation of private groups, local governments, and
community-based organizations in the generation and utilization of science and technology.
4. Protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens
to their intellectual property and creations, particularly when beneficial to the people, for such
period as may be provided by law.

Arts and Culture

1. Foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based
on the principle of unity in diversity in a climate of free artistic and intellectual expression.
2. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and
popularize the nation’s historical and cultural heritage and resources, as well as artistic
creations.
3. country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be
under the protection of the State which may regulate its disposition.
4. 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 policies.
5. Ensure equal access to cultural opportunities through the educational system, public or private
cultural entities, scholarships, grants and other incentives, and community cultural centers, and
other public venues.
6. Encourage and support researches and studies on the arts and culture.

Kinds of Cultural Properties:

• Important Cultural Properties - been singled out from among innumerable cultural properties as
having exceptional historical and cultural significance to the Philippines but are not sufficiently
outstanding to merit the classification of national cultural treasures
• National Cultural Treasure - unique object found locally, possessing outstanding historical,
cultural, artistic and/or scientific value which is highly significant and important to this country
and nation

Sports
1. Promote physical education and encourage sports programs, league competitions, and amateur
sports, including training for international competitions, to foster self-discipline, teamwork, and
excellence for the development of a healthy and alert citizenry.
2. All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

ARTICLE XV: The Family

1. Recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its
solidarity and actively promote its total development.
2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected
by the State.
3. Defend:
a. The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;
b. 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;
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 c. The right of the family to a family living wage and income; and
d. The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.
4. Family has the duty to care for its elderly members but the State may also do so through just
programs of social security.

ARTICLE XVI: General Provisions

 The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law. The flag is the symbol of the
nation. It is an emblem that every Filipino must respect. It is a symbol of patriotism and
nationalism.
 The Congress may, by law, adopt a new name for the country, a national anthem, or a national
seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the
people. Such law shall take effect only upon its ratification by the people in a national
referendum.
 The State may not be sued without its consent.
 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.
 The members of the Armed Forces are not supposed to engage in partisan political activities.
They must be neutral. They cannot campaign for or against a candidate for public office. They
cannot solicit or contribute funds for a particular candidate.
(1) All members of the armed forces shall take an oath or affirmation to uphold and defend
this Constitution.
(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.
(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.
No member of the military shall engage directly or indirectly in any partisan
political activity, except to vote.
(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.
(5) Laws on retirement of military officers shall not allow extension of their service.
(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.
(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.

 The State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police commission. The
authority of local executives over the police units in their jurisdiction shall be provided by law.
 The State shall provide immediate and adequate care, benefits, and other forms of assistance
to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds
shall be provided therefor and due consideration shall be given them in the disposition of

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 agricultural lands of the public domain and, in appropriate cases, in the utilization of natural
resources.
 Assistance to veterans: This is a recognition of the role of the veterans in public service
especially in the defense of the State. Reasonable benefits must be provided them to alleviate
their living conditions especially so that they may have retired with low salaries
 The State shall, from time to time, review to upgrade the pensions and other benefits due to
retirees of both the government and the private sectors.
 The State shall protect consumers from trade malpractices and from substandard or hazardous
products.

• The consumers have a right to be protected in the food they take and the things they use against
malpractices of producers. Consumers have the following rights:
• Right to basic needs
• Right to safety
• Right to information
• Right to choose the products
• Right to representation
• Right to redress
• Right to consumer education
• Right to healthy environment
 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.
 The State recognizes the importance of communication and information industry development
of the economy as it strengthens the linkages among the different areas in the country and even
the world, which would foster trade and commerce with other nations and this would promote
the economy.

SECTION 11. Mass Media

1. Ownership and management of mass media shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, wholly-owned and managed by such citizens.
2. Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires.
3. No combinations in restraint of trade or unfair competition therein shall be allowed.
4. 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.
5. 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.
6. 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.

 The Congress may create a consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of which shall come from such
communities.
ARTICLE XVII: Amendments or Revisions

Any amendment to, or revision of, this Constitution may be proposed by:

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 1. The Congress, upon a vote of three-fourths of all its Members
2. A constitutional convention.
3. directly proposed by the people through initiative upon a petition of at least twelve per centum
of the total number of registered voters, of which every legislative district must be represented
by at least three per centum of the registered voters therein. No amendment under this section
shall be authorized within five years following the ratification of this Constitution nor oftener than
once every five years thereafter.

 The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate the question of calling such a
convention.
 Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such amendment or revision.
 Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.

Revision - the revamp or rewriting of the entire Constitution.

Amendment - the isolated or piecemeal change in the Constitution.

The concepts on the position of a constitutional convention are:

• The theory of conventional sovereignty. Under this concept, the Constitutional Convention is
supreme over the other departments of the government. There is no need to submit the proposed
amendments of the Constitution for ratification by the people;
• The second theory is that the constitutional convention is inferior to the other departments of the
government as it is a mere creation of the Congress; and
• The third theory is that it is independent of and co-equal with the other departments of the
government.

• Doctrine of fair and proper submission: It means that the Constitution should be submitted to the
people as a whole, not piece-meal. The people must be informed of the issues and they must
be given sufficient time to discuss the merits and demerits of the proposed amendments. It may
also mean that the plebiscite may be held on the same day at a regular election.
• Two (2) component standards:
• The period or time of the submission
• The opportunity of the people to be informed of the proposed changes or occasion for
their study, deliberation and debate on the issues.

Initiative - power of the people to propose amendments to the Constitution or to propose and enact
legislation through an election called for the purpose.

The three (3) systems of initiative are:

(1) Initiative which refers to a petition proposing amendments to the Constitution
(2) Initiative on statutes which refers to the petition proposing to enact a national legislation
(3) Initiative on local legislation which refers to a petition proposing to enact a regional, provincial,
city, municipal or barangay law, resolution or ordinance

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Indirect Initiative - exercise of initiative by the people through a proposition sent to Congress or the
local legislative body for action

Referendum - power of the electorate to approve or reject a legislation through an election called for
the purpose. Two classes, namely:
• Referendum on statutes which refers to a petition to approve or reject an act or law or part
thereof, passed by Congress
• 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.

Hence, initiative is the power of the people to propose bills or laws and to enact or reject them at
the polls independently of the legislative assembly.
Referendum - right reserved to the people to adopt or reject any act or measure which has been
passed by a legislative body which in most cases would, without action on the part of the electors,
become a law.

Local initiative - legal process whereby the registered voters of a local government unit may directly
propose, enact, or amend any ordinance
• Initiative is resorted to and the local legislative body is given the opportunity to enact the
proposal, if it refuses/neglects to do so within 3 days from its presentation, the proponents
through their duly-authorized and registered representative may invoke their power of
initiative, giving notice thereof to the local legislative body concerned. Should the proponents
be able to collect the number of signed conformities within the period granted by said statute,
the Comm. on Elections all then set a date for the initiative (not referendum) at which the
proposition shall be submitted to the registered voters in the local government unit concerned

Local referendum - the legal process whereby the registered voters of the local government
units may approve, amend or reject any ordinance enacted by the Sanggunian.
• The local referendum shall be held under the control and direction of the COMELEC within
sixty (60) days in case of provinces and cities forty-five (45) days in case of municipalities
and thirty (30) days in case of barangays. The COMELEC shall certify and proclaim the
results of the said referendum
• the law-making body submits to the registered voters of its territorial jurisdiction. for approval
or rejection, any ordinance or resolution which is duly enacted or approved by such law-
making authority. Said referendum shall be conducted also under the control and direction
of the COMELEC

• While initiative is entirely the work of the electorate, referendum is begun' and consented to by
the law-making body. Initiative is a process of law-making by the people themselves without the
participation and against the wishes of their elected representatives, while referendum consists
merely of the electorate approving or rejecting what has been drawn-up.
• People's initiative on the Constitution cannot be exercised without proper legislation. The
constitutional provision is not self-executing as can be seen from the Constitution itself providing
that the Congress shall provide for the implementation of the right of the people to propose
amendments of the Constitution through people's initiative. The right of the people to directly
propose amendments to the Constitution through the system of initiative would remain
entombed in the cold niche of the Constitution until Congress provides for its implementation.
• People's initiative is limited to the matter of amendment and should not expand to a revision
which contemplates a total overhaul of the Constitution

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• Draft of the proposed constitutional amendment should be ready and shown to the people before
they sign the proposal itself because the proponents must prepare that proposal and pass it
around for signature. This means two essential elements must be present. First, the people must
author and thus sign the entire proposal. No agent or representative can sign on their behalf.
Second, as an initiative upon a petition, the proposal must be embodied in a petition. These
essential elements are present only if the full text of the proposed amendments is first shown to
the people who express their assent by signing such complete proposal in a petition. Thus, an
amendment is "directly proposed by the people through initiative upon a petition" only if the
people sign on a petition that contains the full text of the proposed amendments. The full text of
the proposed amendments may be either written on the fact of the petition, or attached to it. If
so attached, the petition must state the fact of such attachment. This is an assurance that every
one of the several millions of signatories to the petition had seen the full text of the proposed
amendments before signing. Otherwise, it is physically impossible, given the time constraint, to
prove that every one of the millions of signatories had seen the full text of the proposed
amendments before signing.
• A people's initiative to change the Constitution applies only to an amendment of the Constitution
and not revision. In contrast, Congress or a constitutional convention can propose both
amendments and revision to the Constitution

• Tests in determining if what is being done is an amendment or a revision:

• The quantitative test asks 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. The court examines only the number of provisions affected and does
not consider the degree of the change.
• The qualitative test inquires into the qualitative effects 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 as to amount to a revision." Whether
there is an alteration in the structure of government is a proper subject of inquiry. Thus, "a
change in the nature of the basic governmental plan" includes "change in its fundamental
framework or the fundamental powers of its Branches." A change in the nature of the basic
governmental plan also includes changes that "jeopardize the traditional form of government
and the system of check and balances."

• A change in the structure of government is a revision of the Constitution, as when the three great
co-equal branches of government in the present Constitution are reduced into two. This alters
the separation of powers in the Constitution. A shift from the present Bicameral-Presidential
system to a Unicameral-Parliamentary system is a revision of the Constitution. Merging the
legislative and executive branches is a radical change in the structure of government. The
abolition alone of the Office of the President as the locus of Executive Power alters the
separation of powers and thus constitutes a revision of the Constitution. Likewise, the abolition
alone of one chamber of Congress alters the system of checks-and-balances within the
legislature and constitutes a revision of the Constitution.

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