I. General Principles A. Political Law Defined. That branch of public law which 1.

Deals with the organization and operations of the governmental organs of the State, and; 2. Defines the relations of the State with the inhabitants of its territorty. B. Scope/Division of Political Law 1. Constitutional Law the study of the maintenance of the proper balance between 1. Authority, as represented by the three inherent powers of the State, and; 2. Liberty, as guaranteed by the Bill of Rights. 2. Administrative Law That branch of public law which 1. Fixes the organization of government 2. Determines the competence of the administrative authorities who execute the law, and; 3. Indicates the individual remedies for violation of his rights. 3. Law on Municipal Corporations (LocGov) 4. Law on Public Officers 5. Election Law II. The Philippine Constitution A. Nature of the Constitution 1. Constitution defined. That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. That written instrument enacted by the direct action of the people by which fundamental powers of the government are established, limited an defined, and by which those powers are distributed among the several departments for their sage and useful exercise for the benefit of the body politic.

2. Purpose to prescribe the permanent framework of a system of government, to assign to the several departments the powers an duties, and to establish certain first principles on which government is founded. 3. Classification: a) Written or unwritten. Written embodied in one document or set of documents Unwritten consists of rules which have not been integrated into a single, concrete form but scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles

b) Enacted (conventional) or evolved (cumulative). Enacted enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler; Evolved a cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method.

c) Rigid or Flexible Rigid can be amended only by a formal and usually difficult process Flexible can be changed by ordinary legislation

4. Qualities of a good written Constitution: a) Broad provides for the organization of the entire government and covers all persons and things within the territory and comprehensive enough for every contingency b) Brief confines itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend c) Definite prevents ambiguity in its provisions 5. Essential parts of a good written Consitution a) Constitution of Liberty Art III b) Constitution of Government Art VI Art VII Art VIII c) Constitution of Sovereignty - Art XVII

6. Interpretation/Construction of the Constitution a) Francisco v. House of Representatives VERBA LEGIS whenever possible, ordinary meaning except where technical terms are employed RATIO LEGIS ET ANIMA intent of the framers UT MAGIS VALEAT QUAM PEREAT constitution must be interpreted as a whole

b) if the plain meaning of the word is not found to be clear, resort to other aids is available, e.g. debates and proceedings of the constitutional convention c) in case of doubt, the provisions should be considered self-executing ; mandatory rather than directory; prospective rather than retroactive. d) Self-executing provisions lays down a general provision not self-executing complete in itself and becomes operative without aid of supplementary or enabling legislation, or that which supplies a rule by means of which the rights it grants may be enjoyed or protected Manila Prince Hotel v. GSIS provision is self-executing if the nature and extent f the right conferred and liability imposed are fixed by the Constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the subject is referred to the legislature for action. Pamatong v. COMELEC a provision that is not self-executing does not give rise to any cause of action before the courts.

B. Brief Constitutioonal History. (SKIP) C. The 1987 Constitution. (SKIP) D. Amendment 1. Amendment vs. Revision a) Lambino v. COMELEC Revision broadly implies a change that alters the basic principle in the Constitution or change that alters substantially the entirety of the Constitution. Generally affects several provisions Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved. Generally affects only the specific provisions being amended.

i) Two part test Quantitative asks whether the proposed change is so extensive as to change directly the substance entirety of the Constitution. The court examines only the number of provision affect and not the degree of change. Qualitative 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.

ii). Lambino proposal was a revision because it proposed a change from presidential to parliamentary 2. Constituent v. Legislative Power Imbong v. COMELEC RA 6132 is constitution because it merely provided details. 3. Steps in the amendatory process: a) Propsal (Art. XVII, Secs. 1-3) Proposed amendment may come from: Congress, by a vote of of all its members. Majority of the authorities suggest that this should be understood as of members of Senate and of the members of the House of Representatives o Occena v. COMELEC whether proposal should be made directly by Congress or through Constitutional Convention is discretionary upon the legislature Constitutional Convention which may be called into existence either by a vote of 2/3 of all members of Congress or if majority vote only, resolved through plebiscite (Art XVII, Sec 3) o Three theories on the positition of the constitutional convention vis--vis the regular departments: Theory of Conventional Sovereignty Inferior to other departments Co-equal to other departments People through the power of initiative - petition of at least 12% of the total number of registered voters of which every legislative district should be represented by 3% of the registered voters therein. o Limitation: No amendment in this manner shall be authorized within five years following the ratification of this Constitution nor more often than once every five years. o RA 6735 Three kinds of initiative Initiative on the Constitution Initiative on Statues Initiative on Local Legislation Indirect Initiative exercise of initiative by the people through a proposition sent to congress or the local legislative body for action. Lambino v. Comelec declared RA 6735 constitutional

Procedure The people must author and sign the entire proposal; no agent or representative is allowed The proposal must be embodied in the petition Lambino v. COMELEC Peoples initiative applies only to amendment, not revision

b) Ratification (Art XVII Sec 4) The proposed amendment shall become part of Constitution when ratified by a majority of the votes cast in a plebiscite held not earlier 60 days nor later than 90 days after: Approval of the proposal by congress Approval of the proposal by the Constitutional Convention Certification by COMELEC of the sufficiency of the Petition for Initiative

i) Doctrine of Proper Submission because the constitution provides for the timeframe, it can no longer be questioned whether the people where given enough time to determine the merits and demerits of the petition. Occena v, COMELEC, Almario v. Alba plebiscite may be held on the same day as regular elections Tolentino v. COMELEC the entire constitution must be submitted for ratification in one plebiscite

4. Sanidad v. COMELEC, Javellana v. COMELEC Amendments are subject to the power of judicial review WRT W/N constitutional provisions have been followed. E. POWER OF JUDICIAL REVIEW 1. Judicial Review The power of the courts to test the validity of executive and legislative acts in the light of their conformity with Constitution. The power is inherent in the Judicial Department by virtue of the separation of powers. Angara v. Electoral Commission not an assertion of the superiority of the courts over the other departments but merely an expression of the Supremacy of the Constitution Aquino v. Enrile the duty remains to assure that the supremacy of the Consitution is upheld

a) Bondoc v. Pineda (Art VIII Sec 1), Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of Government. b) explicit recognition of the power is also found in Art VIII Sec 4 (2), XXXX all cases involving the constitutionality of a treaty, international or executive agreement or law which shall be heard by the Supreme Court en banc, including those involving the constitutionality, application or operation of presidential decrees, proclamation, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon.

2. Who may exercise the power. Supreme Court (Art VIII Sec 4 (2) Lower Courts (Ynot v. IAC) RTCs in Particular (Mirasol v. CA, BP 129) o Rule 64 Sec 3, In all actions assailing the validity of statute, treaty, presidential decree, order or proclamation, notice to the SolGen is mandatory.

3. Functions of Judicial Review a) Checking b) Legitimating c) Symbolic (Salonga v. Pano) 4. Requisites of Judicial Review/Inquiry a) Actual Case or Controversy i. Guingona v. CA A conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis of existing law and jurisprudence ii. John Hay v. Lim the controversy must be definite and concrete, bearing upon the legal interests of the parties who are pitted against each other due to their adverse interests iii. Davis v. Federal Election Commission it is necessary that the actual controversy extant at all stages of the the review, not merely at the time the complaint is filed. iv. Pacu v. Secretary of Education, Dumlao v. COMELEC, Perez v. Provincial Board A request for an advisory opinion is not an actual case or controversy, but an action for declaratory relief is proper for judicial determination v. Province of Batangas v. Romulo The issues raised in a the case must not be moot and academic or because of subsequent developments have become moot and academic. A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events. vi. Banco Filipino v. Tuazon, Jr. a declaration on a moot and academic case would be of no practical use o value. vii. Royal Cargo v. Civil Aeronautics Board Courts decline jurisdiction on such cases viii. Lacson v. Perez courts also dismiss such cases on the ground of mootness. ix. Examples of Moot and Academic Cases i. Enrile v. Senate Electoral Tribunal moot because contested position expired ii. Lacson v. Perez questioned orders were lifted iii. Gonzales v. Narvasa questioned PCCR ceased to exist albeit having finished its work iv. Guingona v. CA questioned admission of witness to Witness Protection Program alreay finished testifying

v. Atlas Fertilizer v. Secretary of DAR congress enacted amendatory laws David v. Macapagal-Arroyo recall of state of emergency did not render case moot and academic because during the state of emergency , implementing officers committed illegal acts, and resolving the issue will determine whether such acts were justified. recognized exceptions to the moot and academic principle: o There is a grave violation of the Constitution (Province of Batangas v. Romulo) o There is an exceptional character of the situation and paramount public interest is involved (Lacson v. Perez) o The constitutional issues raised require formulation of controlling principles to guide the bench, the bar and the public (Salonga v. Pano) o The case is capable of repetition yet avoiding review (Sanlakas v. Executive Secretary) According to us Jurisprudence, application of this principle is presupposes 1. That the life of the controversy is too short to be fully litigated prior to its termination and 2. That there is a reasonable expectation that the plaintiff will again be subjected to the same problem

b) The Constitutional question must be raise by the proper party (locus standi) i. Locus standi - is defined as a right if appearance in a court if justice on a given question ii. Private Suits - Real Party in Interest Rule 3 Sec 2, Salonga v. Warner Barnes, is the party who stands to benefited or injured by the judgment in the suit or the party entitled to the avails of the suit iii. David v. Macapagal-Arroyo to establish legal standing, he has to make out a sufficient interest in the vindication of the public order and securing relief as a citizen or taxpayer i. People v. Vera Direct Injury Test a person who impugns the validity of a statute must have a personal and substantial interest in the ase such that he has sustained or will sustain direct injury as a result. 1. IBP v. Zamora interest means a material interest, an interest in issue affected by the challenged official act, as distinguished from mere interest in the question involved or a mere incidental interest ii. Liberal Attitude of the Court Towards Standing summarized in David v. Macapagal-Arroyo where petitioners may be accorded standing provided the following requirements are met: 1. The case involves constitutional issues 2. For taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional (includes taxpayers right to question contracts entered into by the government or goc and goccs) 3. For voters, there must be a showing of obvious interest in the validity of the electoral law in question 4. For concerned citizens, there must be a showing that the issues raised are of transcendental importance which must be settled early

5. For legislators, there must be a claim that the official action complained of infringes on their prerogatives as legislators. iii. People v. Vera The Government is a proper party to question the validity of its own laws, because more than anyone, it should be concerned with the constitutionality of its acts. iv. Standing is procedural technicality which may be set aside by the Court in view of the importance of the issues involved, or transcendental importance (Kilosbayan v. Guingona) v. A taxpayer or group of taxpayers is a proper party to question the validity of a law appropriating public funds. (Tolentino v. COMELEC) vi. Macasiano v. NHA the court has discretion on whether a taxpayer suit may be given due course. v. Facial Challenge exception to the rule that a party can question a statute only if applied to him, it is unconstitutional. It is a challenge on the validity of a statute, on its face, rather than, as applied, to prevent a chilling effect on the freedom of expression. Overbreadth Doctrine permits a party to challenge the validity of a statute even though, as applied to him, it is not unconstitutional, but it might be if applied to others not before the court whose activities are constitutionally protected. Concurring Opinion of Justice Mendoza in Cruz v. DENR Estrada v. Sandiganbayan A facial challenge to a legislative act is the most difficult since the challenge must establish that there is no set of circumstances under which the act would be valid. David v. Macapagal-Arroyo - overbreadth doctrine applies only to facial challenge of free speech statutes and not for testing a validity of a law aiming to control constitutionally unprotected conduct (e.g. lawless violence, rebellion) Void for Vagueness holds that if men of common intelligence must necessarily guess at its meaning and differ as to its application. Applies also only to facial challenge of free speech cases and only if it is vague in all possible applications.

c) The constitutional question must be raised at the earliest possible time i. Matibag v. Benipayo the earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve the same, such that if not raised in the pleadings, it cannot be considered in trial, and if not considered in trial, it cannot be considered on appeal ii. Estarija v. Ranada failure to raise before the Ombudsman is not failure to raise at earliest possible time because Ombudsman does not have jurisdiction iii. Umali v. Guingona raised only on MR. failed to raise at earliest possible time

iv. v. vi.

In criminal cases, can be raised at any time, at the discretion of the court In civil cases, can be raised at any stage of the proceedings if necessary for the determination of the case itself In every case, except when there is estoppel, it can be raised at at any stage if involves the jurisdiction of the court (People v. Vera, Zandueta v. De la Costa)

d) The decision on the constitutional question must be determinative of the case itself (lis mota) Because of the doctrine of separation of powers, the courts are loathe to decide constitutional cases if there is some other basis that can be used for the decision i. Planters Products v. Fertiphil it is the lis mota of the case because the trial court cannot determine the claim without resolving the issue of constitutionality. 5. Effects of Declaration of Unconstitutionality a. Orthodox View Art 7. NCC An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative, as if it had not been passed at all b. Modern View Manila Motors v. Flores, Serrano de Agbayani v. PNB, Republic v. Herida The courts simply refuse to recognize the law and determines the rights of the parties as if the statute had no existence Pelaez v. Auditor General - certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized Ynot v. IAC a public officer who implemented an unconstitutional law prior to its declaration of unconstitutionality cannot be held liable

III. THE PHILIPPINES AS A STATE A. Definition of a State A community of persons, more or less numerous, permanently occupying a definite portion of its territory, independent of external control, and possessing a government to which the a great body of inhabitants render habitual obedience (Collector of Internal Revenue v. Campos) 1. Distinguished from Nation state is a legal or juristic concept, while nation is an ethnic or racial concept 2. Distinguished from Government Government is merely an instrumentality of the State through which the will of the state is implemented and realized. B. Elements of a State 1. People a. Inhabitants or Citizens or Electors b. As requisite for Statehood: Sufficient in number for self-sufficiency and defence; of both sexes for perpetuity

2. Territory a. The National Territory Art I Sec 1 The national territory comprises the Philippine archipelago with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas b. Components: Terrestrial, Fluvial (flowing waters and fresh waters), Maritime and Aerial Domains c. The Philippine Archipelago d. Other territories over which the Philippines exercises jurisdiction i. Batanes (1935 Constitution) ii. Those belonging to the Philippines by historic or legal title iii. PD 1596 e. Archipelago Doctrine: The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimension, form part of the inland waters of the Philippines (2nd sentence, sec 1, Art I) i. Archipelagic Principle an archipelago, which consists of number of islands separated by bodies of water, should be treated as one integral unit ii. Straight baseline method I wont even bother iii. UNCLOS Contiguous Zone of 12 miles, Exclusive Economic zone of 200 miles although may not be part of territory of a state, coastal state enjoys preferential right over the marine resources found within these zones. 3. Government a. Defined. The agency or instrumentality through which the will of the state is formulated, expressed or realized. (US v. Dorr) i. Government of the Philippines is the corporate entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from context, the various arms through which political authority is made effective in the Philippines, whether pertaining to autonomous regions, the provincial, municipal or barangay subdivisions or other forms of local government (Sec 2 (1), Admin Code of 1987) b. Functions i. Constituent are mandatort for the Government to perform because they constitute the very bonds of society, such as the maintenance of peace, regulation of property and property rights, the administration of justice, etc. ii. Ministrant those intended to promote the welfare, progress, and prosperity of the people, and which are merely optional for government to perform c. Doctrine of PARENS PATRIAE Literally Parent of the People government may act as guardian of the rights of people who may be disadvantaged or suffering from disability or misfortune. (Government v. Monte de Piedad, Cabanas v. Pilapil) d. Classification i. De Jure vs De Facto see Co Kim Chan v. Tan Keh, Lawyers League for a Better Philippines v. Aquino 1. Kinds of De Facto Government a. By force or Majority b. Revolutionary Government

c. Occupying State Government (war, invasion) 4. Sovereignty a. Defined. The supreme uncontrollable power inherent in a State by which the state is governed. b. Kinds. i. Legal power to issue final commands, or political which is the sum total of all the influences which lie behind the law. ii. Internal or the supreme power over everything within its territory, or external, also known as independence from external control c. Characteristics: permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienability, imprescriptability d. Effects of Change in Sovereignty political laws are abrogated, municipal laws remain in force e. Effects of Belligerent Occupation No change of sovereignty, however political laws, except the law on treason are suspended, municipal laws remain in force unless repealed by the belligerent occupant. At the end of the belligerent occupation, when the belligerent occupant is ousted from the territory, the Political laws which were suspended become automatically effective. JUS POSTLIMINIUM f. Dominium v. Imperium i. Dominium refers to the capacity to own or acquire property including lands held by the state in its proprietary capacity ii. Imperium is the authority possessed by the state embraced in the concet of sovereignty g. Jurisdiction i. Territorial Power of the state over persons and things within its territory 1. Exempt are: a. foreign states, heads of state, diplomatic representatives and consuls to a certain degree b. foreign state property, including embassies, consulates, and public vessels engaged in non-commercial activities c. acts of state d. foreign merchant vessels exercising the rights of innocent passage or involuntary entry, such as arrival under stress e. foreign armies through or stationed in its territory with its permission, f. such other persons or property, including organizations like the UN, over which it may, by agreement, waive jurisdiction ii. Personal power of the state over its national which may be exercised even if the individual is outside its territory. iii. Extraterritorial 1. Assertion of its personal jurisdiction over its nationals abroad, or the exercise of rights to punish certain offenses committed outside its territory against its national interest even if the offenders are NRAs. 2. By virtue of its relations with other states or territories when it establishes a colonial protectorate or a condominium, or administer a trust territory, or occupies an enemy territory in the course of war 3. When the local state waives its jurisdiction over persons and things within its territory as when an army stationed therein remains under the jurisdiction of the sending state

4. B the principle of extraterritoriality, as illustrated by the immunities of the head of state in a foreign country. 5. Through the enjoyment of easements or servitudes, such as the easement of innocent passage or arrival under stress 6. The exercise of jurisdiction by the state in the high seas over its vessels; over pirates; in the exercise of the right to visit and search under the doctrine of hot pursuit 7. The exercise of limited jurisdiction over the contiguous zone and the patrimonial sea, to prevent infringement of its customs, fiscal, immigration or sanitary regulations. C. State Immunity from Suit. Art XVI Sec 3. The State cannot be sued without its consent. 1. Basis Royal Prerogative of Dishonesty There can be no legal right against the authority which makes the law on which the right depends. (Republic v. Villasor) However, it may be sued if it gives consent, whether express or implied. 2. Immunity is enjoyed by other States (PAR IN PAREM NON HABET IMPERIUM) includes foreign head of state a. Immune from jurisdiction of Local Courts and Local Administrative Tribunals i. Diplomatic Agents including consuls to a certain extent ii. UN Convention on Privileges and Immunities of UN iii. International Organizations created by international agreements of which the host country is a signatory to 3. Test to determine if suit is against the State - Sanders v. Veridiano On the assumption that that decision is rendered against the public officer or agency impleaded, will the enforcement thereof require an affirmative act from the State such as the appropriation of the needed amount to satisfy the judgement? If so, then is a suit against the State? a. Tan v. Director of Forestry promotion of public welfare and the protection of inhabitants near the public forest are property rights and interests of the State. 4. Suits against Government Agencies a. Incorporated if their charters provide for it, they can be sued i. Municipal Corporations they can be sued as provided for in LGC 22 ii. PNR v. IAC PNRs charter is silent on suability, but since it is not performing an governmental function, it may be sued b. Unincorporated inquire into the principal functions of the agency i. If governmental cannot be sued without consent ii. If proprietary suit will lie 5. Suit against Public Officers state immunity from suit applies to complaints filed against officials of the State for acts performed in the discharge of their duties within the scope of their authority. a. Sanders v. Veridiano exceptions to requirement if prior consent before a public officer can be sued: i. to compel him to perform an act required by law ii. to restrain him from enforcing an act claimed to be unconstitutional

iii. to compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fund already available for the purpose iv. to secure a judgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist him v. where the government itself has violated its own laws (immunity cannot be used to perpetuate injustice) b. Ultra Vires Shauf v. CA The unauthorized acts of government officials are not acts of state; thus, the public officer may be sued and held personally liable in damages for such acts c. Personal Capacity if the public official is being sued in his personal capacity, even if such act complained of is performed while occupying a public position, there is no immunity 6. Need for Consent suit against the state requires consent, and lack of consent may be invoked at any stage of the proceedings as a defence. Complaint (or counterclaim) must allege that consent, else, it can be dismissed. a. Express Consent can only be given by an act of the legislative body, in a general or special law i. General Law example is CA 327, as amended by PD 1445, which requires that all money claims against the government be filed first with the COA before it is instituted in court. 1. but in Amigable v. Cuenca, suit was allowed even if not filed in the COA because his property was expropriated w/o just compensation ii. Special Law Merritt v. Government This form of consent must be embodied in a statue and cannot be given by a mere counsel. Republic v. Purisima 1. Example, PD 1620, where Immunity of IRRI can only be waived through an express waiver of its director general b. Implied Consent i. State commences litigation it is vulnerable to a counterclaim ii. When the state enters into a business contract depends on the nature of the contract, if it is a business contract, i.e. proprietary, can be sued, if contract is entered into in the pursuit of sovereign activity, no implied consent US v. Ruiz 7. Scope of Consent Consent to be sued does not include consent to the execution of judgment against it a. Execution requires another waiver, unless there is already an appropriation for it b. GOCCs whose charters allow them to sue and be sued, their funds deposited with a bank may be garnished i. Municpal Corporations although they may sue and be sued, their funds are public in character and cannot be garnished without an appropriation ordinance. ii. Municipality of Makati v. CA mandamus will lie against a municipality who fails or refuses to pay without justifiable reason c. Pacific Products v. Ong garnishment of the funds by a third person held by an instrumentality of the state which is immune to suit will not prosper because garnishment is a suit against the garnishee (the one who holds the funds) 8. Suability not equated to outright liability obvs.

IV. FUNDAMENTAL POWERS OF THE STATE A. General Principles 1. The inherent powers of the State are: a) Police Power b) Power of Eminent Domain c) Power of Taxation 2. Similarities a) Inherent in the State, exercised even without need of express Constitutional Grant b) Necessary and Indispensable; State cannot be effective without them c) Methods by which State interferes with private property d) Presuppose equivalent compensation e) Exercised primarily by the legislature 3. Distinctions a) Police Power Regulates both liberty and property; eminent domain and taxation affect only property rights b) Police Power and Taxation are exercised only by the government; eminent domain may be exercised by private entities c) Property taken in police power is usually noxious or intended for a noxious purpose and must thus be destroyed; while in eminent domain and taxation, the property is wholesome and devoted to public use or purpose d) Compensation in police power is the intangible altruistic feeling that the individual has contributed to the public good; in eminent domain, it is the full and fair equivalent of the property taken; while in taxation, it is the protection given and/or public improvements instituted by the government for the taxes paid 4. Limitations: Generally, the bill of rights, although in some cases, exercise of police power prevails over specific constitutional guarantees a) QC v. Ericta the courts may annul and improvident exercise of police power B. Police Power 1. Definition The power of promoting public welfare by restraining and regulating the use of liberty and property. 2. Scope/Characteristics Is the most pervasive, the least limitable and the most demanding of the three powers. a) SALUS POPULI EST SUPREMA LEX Let the good of the people be the supreme law. b) SIC UTERE TUO UT ALIENUM NON LAEDAS Use what is yours so as not to harm what is others. c) Stone v. Mississippi police power cannot be bargained away through the medium of treaty or contract d) Lutz v. Araneta - Taxing power may be used as an implement of Police power e) Association of Small Landowners v. Secretart of Agrarian Reform Eminent Domain may be used to implement the police objective. f) Ortigas v. CA Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate exercise by the State of Police Power

g) PRC v. De Guzman Police power may regulate exercise of profession as to who may and may not exercise h) Chavez v. Romulo Right to bear arms < Police Power i) Southeast Mindanao Goldmining v. Balite Portal Mining Timber permits/Mining Permits < Police Power j) MMDA v. Garin Drivers License < Police Power k) Carlos Superdrug v. DSWD property rights < Police Power 3. Who may exercise the power Legislature, but may be delegated by Congress to the President, administrative bodies and Law making bodies of LGUs. a) MMDA v. Garin MMDA has no delegated police power b) Fernando v. Fernando But MMDA can implement schemes to enforce ordinances enacted by the cities in Metro Manila c) MMDA v. Viron Transit President cannot delegate what has been delegated to him 4. Limitations (Tests for Valid Exercise) a) Lawful Subject the activity sought to be regulated affects the general welfare i. Lim v. Pacquing law revoking all gambling permits, has a lawful subject ii. Pollution Adjudication Board v. CA The ordinary requirements of procedural due process yield to the necessities of protecting vital public interests through the exercise of police power b) Lawful Means The means employed are reasonable necessary for the accomplishment of the purpose, and not unduly oppressive on individuals i. JMM Promotion v. CA DOLE issued DO establishing various procedures and requirements for screening for performing artist as a prerequisite to the processing of any contract of employment by POEA. Lawful Means ii. Philippine Press v. COMELEC requiring free print space of page as COMELEC Space is not a valid exercise of police power but may be eminent domain iii. QC v. Ericta requiring cemeteries in QC to provide 6% of burial lots for the poor, not valid exercise of police power, but may be eminent domain iv. Lucena Grand Central Terminal v. Jac Liner declaring all bus terminals as nuisance per se, not valid exercise of police power. 5. Additional Limitation (When exercised by Delegate) a) Express grant by law b) Within territorial limits (for LGUS except when to protect water supply) c) Must not be contrary to law (activity prohibited by law cannot, in the guise of regulation be allowed; an activity allowed by law may be regulated, but not prohibited) i. Solicitor General v. MMA for municipal ordinances to be valid, they: a. must not contravene the Constitution or any statute b. must not be unfair or oppressive

ii.

c. must not be partial or discriminatory d. must not prohibit, but may regulate trade e. must not be unreasonable f. must be general in application and consistent with public policy Pasong Bayabas Farmers v. CA Zoning ordinances is an exercise of police power

C. Power of Eminent Domain 1. Definition/Scope. Aka expropriation a) Constitutional Provisions: Art III Sec 9. Private property shall not be taken for public use without just compensation Art XII Sec 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government. Art XIII Sec 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the rights of small landowners. The State shall further provide incentives for voluntary land-sharing. Art XIII Sec 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program, the State shall respect the rights of small property owners. b) Distinguished from Police Power i. No compensable taking in police power ii. The property taken in police power is not devoted to public use c) Republic v. Tagle Eminent Domain is an inherent power of the State that need not be granted by fundamental law. d) Republic v. PLDT eminent domain may be availed of to impose only a burden, e.g. easement e) Barangay San Roque v. Heirs of Pastor Jurisdiction with RTC regardless of amount because amount of just compensation is merely incidental to the exporpiation suit. f) NAPOCOR v. Pobre The plaintiffs right to in expropriation cases to dismiss the complaint has always been subject to court approval and to certain conditions.

2. Who may exercise the power. Congress, and by delegation, the President, administrative bodies, LGUs and Private enterprises performing public services a) Masikip v. Pasig LGUs have no inherent power of Eminent Domain, it was delegated by virtue of Sec. 19 of LGC b) JIL v. Pasig exercise of Eminent Domain is derogation of private rights and therefore strict construction of the law will be applied. c) Filstream v. CA Eminent domain is superior to the final and executor judgment in an ejectment case d) San Roque Realty v. Republic Expropriation cases are strictly construed against the expropriator. 3. Requisites for exercise a) Necessity i. When exercised by Legislature, Necessity is a political question, but when exercised by a delegate, Necessity is a justiciable question b) Private Property i. City of Manila v. Chinese Community Private property already devoted to public use cannot be expropriated by a delegate of legislature acting under a general grant of authority. (How about the Legislature itself) ii. Republic v. PLDT All private property capable of ownership may be expropriated except money and choses in action. Even services may subject to eminent domain. c) Taking in the Constitutional Sense i. May include trespass without actual eviction of the owner, material impairment of the value of the property or prevention of the ordinary uses for which the property was intended. ii. NAPOCOR v. Gutierrez Eminent domain may not always result in the taking appropriation of the title of property, it may only result in the imposition of a burden without loss of title or possession. iii. Republic v. Castelvi requisites for valid taking a. the expropriator must enter a private property b. entry must be for more than a momentary period c. entry must be under warrant or color of authority d. property must be devoted to public use or otherwise informally appropriated or injuriously affected e. utilization of the property must be in such a way as to oust the owner or deprive him of beneficial enjoyment of the property iv. Amigable v. Cuenca where there is taking in the constitutional sense, can go directly to court to demand for payment v. Velarma v. CA jus vindicandi remains in the owner until a case for expropriation is filed d) Public Use i. Concept public use means meeting the public need or public exigency. It is not confined to actual use by the public in its traditional sense. The term public use has now been held synonymous with public interest, public benefit public welfare and public convenience

a. Estate of Jimenez v. PEZA whatever may be beneficially for the general welfare satisfies the requirement of public use. b. Heirs of Ardona v. Reyes it covers uses which, while not directly available to the public, redound to their indirect advantage or benefit c. Filstream v. CA Public use now includes the broader notion of indirect public benefit or advantage, including urban land reform d. Manosca v. CA that only a few would actually benefit from the expropriation of the property does not necessarily diminish the essence and character of public use When exercised by LGU may expropriate private property for public use, or purpose, or welfare, for the benefit of the poor and the landless. a. Must expropriate through an ordinance b. Cannot be piecemeal or irrational e) Just Compensation i. Concept Fair Market Value That sum of money which person, desirous but not compelled to buy, and an owner, willing but not compelled to sell, would agree on as a price to be given and received therefor. a. NAPOCOR v. Sps. Chiong where only a part of certain property is expropriated, just compensation is FMV of part + consequential damages consequential benefits but consequential benefits shall not exceed consequential damages. b. Eslaban v. De Onorio Just compensation includes payment within a reasonable amount of time c. CIR v. Central Luzon Drug Corp tax credit is just compensation for discounts given to senior citizens ii. Judicial Prerogative the ascertainment of what constitutes just compensation is a judicial prerogative iii. Need to appoint Commissioners Manila Electric v. Pineda trial before commissioners is indispensable to in order to give the parties the opportunity to present evidence on the issue of just compensation. It is a substantial right. a. Republic v. Santos courts are not bound by the commissioners findings b. NAPOCOR v. De la Cruz Court may only substitute its own estimate only for valid reasons: i. The commissioners applied illegal principles to the evidence submitted to them ii. They have disregarded a clear preponderance of evidence iii. Where the amount allowed is grossly inadequate or excessive c. Sps. Lee v. Land Bank trial by commissioners is not mandatory in land reform cases because the law provides that it is discretionary on the part of the agrarian court. iv. Form of compensation compensation is to be paid in money and no order except under CARP because it is a revolutionary kind of expropriation, payment partly in bonds was allowed. a. Landbank v. CA but may only be in cash and/or Landbank bonds, and certainly not deposited in a trust account v. Withdrawal of deposit by rejecting landowner rejecting landowner can withdraw even if he is disputing the final compensation because he is simply exercising his right to just compensation ii.

vi.

vii.

Reckoning point of market value of the property at the time of the filing, unless the filing took place way after the taking and the landowner will be given undue incremental advantages, then at the time of the taking, NAPOCOR v. CA a. But in Eslaban v. Onorio (2001 case), the rule is at the time of filing or taking, whichever comes first. b. NAPOCOR v. Henson basis of just compensation is character of land at the time of the taking. c. If by LGU, because of the LGC, reckoning point is at the time of the taking. Entitlement of owner to interest Nepomuceno v. Surigao earns interest from the time the amount of just compensation is determined. But it is in the nature of legal interest as to forbearance of money.

4. 5. 6.

7.

8.

Who else may entitled to just compensation not only to the owner but also to those who have a lawful interest in the property to be condemned including a mortgagee, a lessee , etc. ix. Title to the property does not pass until after payment a. Republic v. Salem owner may still dispose the same pending payment of just compensation b. City of Manila v. Roxas taxes paid by the owner after the taking of the expropriator are reimbursable. x. Right of owner in case of non-payment of just compensation as rule non-payment does not give owner right to recover but only to demand payment a. Republic v. Vicente Lim (2005) where government fails to pay within 5 years from the finality of judgment of the expropriation proceedings, the owners shall have the right to recover possession of their property. f) Due Process of Law chance to be heard on the question of the propriety of the expropriation and the reasonableness of the compensation to be paid for the property. Writ of possession issuance of Writ of Possession is ministerial upon filing of the case and deposit of 15% of FMV as per current tax declaration. Plaintiffs right to dismiss the complaint Right to repurchase or re-acquire the property depends upon the character of the title acquired by the expropriator. If there is no provision for repurchase in case of change in purpose or abandonment, then there is no ground for seeking repurchase. Mactan-Cebu International Airport v. CA Expropriation under Art XII Sec 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government. a) Distinguish from Art XII Sec 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. i. Agan v. PIATCO Section 17 Art XII is police power. ii. Takes over operation not ownership, so there is no need for just compensation iii. David v. Macapagal-Arroyo should be exercised by legislature, but may delegated Expropriation Under Secs. 4 and 9 Art XIII a) CARL use of eminent domain to accomplish the police objective b) UDHA

viii.

i. ii.

Filstream v. CA Expropriation proceedings may only be resorted to only when the other modes of acquisition have been exhausted City of Mandaluyong v. Francisco lands for socialized housing are to be acquired in the following order: a. Government lands b. Alienable lands of public domain c. Unregistered, abandoned or idle lands d. Lands within the declared Areas for Priority Development, Zonal Improvement Program sites, Slum improvement and resettlement sites which have not yet been acquired e. BLISS sites which have not yet been acquired f. Privately owned lands The mode of expropriation is subject to 2 conditions: a) It shall be resorted to only when the other modes of acquisition have been exhausted b) Parcels owned by small property owners are exempt from such acquisition a. Small Property owners are: i. Owners of residential lands with an are of not more than 300 sqm in HUC and not more than 800 in other urban areas ii. They do not own residential property other than the same

D. Power of Taxation 1. Who may exercise Legislature, LGUs, and President with delegated Tariff Powers 2. Limitations on the Exercise a) Due Process of Law should not be confiscatory i. Tan v. del Rosario - courts can strike down tax measures which are unconscionable b) Equal Protection taxes should be uniform and equitable [Sec 28 (1) Art VI] c) Public Purpose i. Tax for special purpose [Sec 29 (3) Art VI] if there is excess shall be transferred to the general fund 3. Double Taxation Additional taxes laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same purpose a) No constitutional prohibition but will not be allowed if it will violate the equal protection clause 4. Tax Exemptions [Sec 28(4) Art VI] No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of congress

a) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. Sec 28 (3) Art VI b) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law. Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment. Sec 4 (3) Art XIV c) 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. Sec 4 (4) Art XIV d) Where tax exemption was granted gratuitously, it may be revoked at will, but not if there was a valuable consideration. 5. Police Power v. Taxation Gerochi v. DOE distinction rests in the purpose for which the charge is made. If generation of revenue is the primary purpose, it is a tax. If the charge is only incidental to regulation, it is an exercise of police power. a) License Fee v. Tax i. License fee is a police measure; tax is a revenue measure ii. Amount of collected license fee is limited to cost of permit and reasonable police regulation; tax may be unlimited provided it is not confiscatory iii. License fee is paid for the privilege of doing something; tax is imposed on persons or property for revenue b) Kinds of License Fee i. For useful occupations ii. For non-useful occupations or enterprises. In this case, license fee may be a bit exhorbitant 6. Supremacy of National Government over local governments in taxation LGUs cannot tax properties owned by the National Government V. PRINCIPLES AND STATE POLICIES A. Preamble 1. Does not confer rights or impose duties 2. Indicates authorship of the Constitution; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the Constitution B. Republicanism (Sec 1 Art II) - the Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. 1. Essential features: representation and renovation (?) 2. Manifestations a) Ours is a government of laws and not of men (Villavicencio v. Lukban)

b) Rule of the majority (plurality in elections) c) Accountability of Public Officials d) Bill of Rights e) Legislature cannot pass irrepealable laws f) Separation of powers i. Purpose: to prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions ii. La Bugal co-equal branches should not interfere in their official functions iii. Application: Not doctrinaire nor with pedantic rigor, independence but interdependence a. Maceda v. Vasquez investigation of ombudsman on RTC judge encroaches on judicial independence iv. Principle of Blending of Powers when powers are not confined in one department but shared, e.g. enactement of general appropriations law v. Principle of Checks and Balance allows one department to resist encroachment or rectify mistakes or excesses committed by the other departments, e.g. veto power vi. Role of the Judiciary Judicial review a. First test is determine whether the power has been conferred expressly, or if not expressly, through necessary implication b. Political question question of policy. It refers to those questions which under the constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government. It is concerned with issues dependent on the wisdom, not the legality of a particular measure (not justiciable except if there has been grave abuse of discretion amounting to lack or excess of jurisdiction) g) Delegation of powers i. Rule: POTESTAS DELEGATA NON POTEST DELEGARE - no delegated powers can be further delegated a. Jaworski v. PAGCOR PAGCOR cannot grant franchise to operate a gambling enterprise ii. Permissible Delegation
a. Tariff Powers to the President [Sec 28 (2) Art VI] The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government. Emergency Powers to the President [Sec 23 (2) Art VI] In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. i. Different from authority of the president to declare a state of emergency and to exercise emergency powers.

b.

c. Delegation to the People (referendum) d. Delegation to Local Government Units (RA 7160, Local Government Code) e. Delegation to Administrative Bodies The power of Subordinate Legislation aka Rule-Making Powers

iii.

Tests for Valid Delegation Both tests need to be complied with. Pelaez v. Auditor General

a. Completeness Test The law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. b. Sufficient Standard Test A sufficient standard is intended to map out the boundaries of the delegates authority by definig the legislative policy and indicating the circumstances under which it is to be pursued and effected. C. The Incorporation Clause [Sec 2 Art II] The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. 1. Doctrine of Incorporation by virtue of this clause, our courts have applied rules of international law in a number of cases even if such rules had not been previously been the subject of statutory enactments, because these generally accepted principles of international law are automatically part of our own laws. a) Generally accepted principles of international law refers to norms of general or customary international law which are binding on all states. b) Under 1987 Constitution, international law can become part of the sphere of domestic law through: i. Incorporation ii. Transformation through local legislation c) In our jurisdiction, in case of conflict, municipal law governs D. Civilian Supremacy Art II Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. 1. Art VII Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. E. Duty to defend State Art II Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. F. Separation of Church and State Art II Sec 6. The separation of church and state shall be inviolable. 1. Reinforced by: a) Sec 5 Art III. Freedom of Religion Clause b) Sec 3 (5) Art IX-C. Religious sect cannot be registered as political party c) Sec 5 (2), Art VI. No Sectoral Representative from the religious sector d) Sec 29 (2) Art VI. Prohibition on against appropriation for sectarian benefit 2. Exceptions: a) Sec 28 (3) Art VI. Churches, parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from taxation b) Sec 29 (2) Art VI. Prohibition on against appropriation for sectarian benefit, except when priest , etc. is assigned to the armed forces, or to any penal institution or government orphanage or leprosarium c) Sec r (3) Art XIV. Optional religious instruction for public elementary and high school students d) Sec 4 (2) Art XIV. Filipino ownership requirement for educational institutions except those established by religious groups and mission boards. G. Independent Foreign Policy and Nuclear Free Philippines 1. Art II Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. 2. Art II Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. H. Just and Dynamic Social Order ArtII Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. 1. PREAMBLE - We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. I. Promotion of Social Justice Art II Section 10. The State shall promote social justice in all phases of national development. J. Respect for Human Dignity Art II Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

K. Family and Youth 1. Art II Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. 2. Art II Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. L. Fundamental equality of women and men Art II Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. 1. PTT v. NLRC policy where women contract marriage are disqualified is discriminatory M. Promotion of health and ecology 1. Art II Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. 2. Art II Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 3. Oposa v, Factoran case where SC recognized minors rights to a balanced and healthful ecology N. Priority to education, science and technology Art II Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. 1. Philippine Merchant Maritime School v. CA school regulation is based on the above principle 2. Guingona v, Carague Art XIV Sec 5 on highest budgetary priority to education is merely directory O. Protection to Labor Art II Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. P. Self-reliant and independent economic order 1. Art II Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. 2. Art II Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Q. Land reform Art II Section 21. The State shall promote comprehensive rural development and agrarian reform. R. Indigenous cultural communities Art II. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. S. Independent Peoples Organizations Art II Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. T. Communication and information in nation-building - Art II Section 24. The State recognizes the vital role of communication and information in nationbuilding. U. Autonomy of Local Governments Art II Section 25. The State shall ensure the autonomy of local governments. 1. Basco v. PAGCOR Autonomy simply means decentralization and does not LGUs sovereigns within a State

2. Judge Dadole v. COA Exercise of local autonomy is subject to the power of Control by Congress and the power of general supervision by the president V. Equal Opportunities for Public Service Art II Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. W. Honest public service and full public disclosure 1. Art II Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. 2. Art II Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.