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Why Independent?
They perform vital functions of government. Their integrity is protected by the fact that they:
Section 2. DISQUALIFICATIONS
Disqualifications:
3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their
office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its
subdivisions, agencies, instrumentalities, including GOCC’s and their subsidiaries.
Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
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a) Diminish,
b) Increase, or
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of “special courts and quasi-judicial
bodies.”
b). In proceedings before the Commissions, the rules of the Commission prevail.
1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission.
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.
1) Chairman
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2) Commissioners – 2 commissioners
Qualifications:
4) NOT candidates for any elective position in the elections immediately preceding their appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation
Term:
A. branches,
B. subdivisions,
C. instrumentalities,
1.”With Original Charter” means that the GOCC was created by special law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.
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2). 3 kinds
b) Primarily confidential – more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of
personal trust…
C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the administrative or
legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself
qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. 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.
Tenure (Classification of Positions)
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.
b). must be substantial (directly affects the rights & interests of the public)
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
1). Not protected by security of tenure – can be removed anytime even without cause
3). BUT: They can only be removed by the one who appointed them.
No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity
3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports.
Right to organize
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a). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure.
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.
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. 13. They are
governed by the stricter prohibitions contained therein.
Section 8. 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
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.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
4) Not candidates for any elective position in the immediately preceding elections.
b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience.”
Term:
a). Thus, the President cannot designate an incumbent commissioner as acting Chairman.
b). The choice of temporary chairman falls under the COMELEC’s discretion.
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and
recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election.
1) Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective
1. Regional,
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2. Provincial, and
3. City officials
C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices
shall be final, executory, and not appealable.
1. Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. It CANNOT exercise this in
connection with its purely executive or ministerial functions.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate jurisdiction. This is not an
inherent power.
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.
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.
5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of government.
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates
related to elections constitute interference in national affairs. If accepted, it is an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that may be prescribed by law.
1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and,
where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds,
offenses and malpractices.
1. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.
2. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC
3. Preliminary investigation conducted by COMELEC is valid.
2) 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.
3) 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 or, or disobedience to its directive, order, or decision.
4) Submit to the President and the congress a comprehensive report on the conduct of each election, plebiscite, initiative,
referendum, or recall.
2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-
election controversies.
Decision-Making
2) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the
division.
3) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying
of results by Board of Canvassers.
Regulation of franchises
A. What can COMELEC supervise or regulate
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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
a). Under Article XI, Section 9, the election period commences 90 days before
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.
Section 6
Definition of 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
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
Political parties, organizations, or coalitions registered under the party-list system shall NOT be represented in the
following:
Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with law.
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. FUNDING
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.
Release of funds
Once approved, funds should be released automatically upon certification by the Chairman of COMELEC.
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
3) Either:
6) Must not have been candidates for any elective position in the elections immediately preceding their appointment.
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Term:
3) Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term.
Section 2. POWERS
1. The Government;
2. Any of its subdivisions, agencies or instrumentalities;
3. Including GOCC’s with original charters.
3) If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including temporary or
special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required
therefor.
1. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable
expenditures or uses of government funds and properties.
2. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure.
Note:
2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic process.
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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:
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.
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1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law.
3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s
2) This does not mean that the LGU’s are completely free from the central government.
1. Provinces
2. Autonomous regions and
3. Independent cities.
3) This power is limited to ensuring that lower officers exercise their functions in accordance with law.
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4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law.
5) 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.
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF
REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples.
2) The guidelines set by Congress should be consistent with the basic policy of local autonomy.
The taxes, fees and charges shall accrue exclusively to the local governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE
AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)
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
6) IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v. Guingona)
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.
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1) LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from
1. Mining taxes
2. Royalties
3. Forestry and fishery charges
4. Other taxes, fees and charges
5. 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
Sec. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
2) Voluntary renunciation of 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.
2) The workers
A) Urban poor
C) Disabled persons
1) Requisites
1. Compliance with the requirements of the Local Government Code; and
2. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected.
2) 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.
3) LGC requirements relate to matters such as population, revenue, and area requirements.
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2) It is subject to a plebiscite
2) They shall be entitled to their own local executive and legislative assemblies.
Classification of Cities:
3) Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter from voting in
provincial elections)
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.
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.
2) A public hearing should be conducted and the approval of the sanggunian obtained.
3) An LGU can:
The President shall provide for RDC or other similar bodies composed of:
Composition
For Purpose of
1) Administrative decentralization
3) To accelerate the economic and social growth and development of the units in the region
1) Muslim Mindanao
2) Cordillera region
Factors:
1) Historical heritage
2) Cultural heritage
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.
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By Whom:
The President
Purpose:
Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous region
shall be vested in the National Government.
Examples: 1) Foreign relations,
3) Monetary Affairs
The Organic Act of Autonomous Region shall provide for legislative powers over:
1) Administrative organization;
7) Educational policies;
9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
Limitations:
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– President
– VP
– SC Justices
– Ombudsman
2. Grounds
– treason
– bribery
Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.
1. These officers cannot be charged in court with offenses that have removal from office as penalty.
2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would disqualify him from his position.
4. BUT AFTER an official has been impeached, he can be charged with the appropriate offense.
5. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be
impeached
All Other Public Officers and Employees
The House of Representatives has exclusive power to INITIATE all cases of impeachment.
Procedure:
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4.) Submission of Committee report to the House together with corresponding resolution
6.) Vote of at least 1/3 of all Members of the House necessary to:
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.
1. Senate has the sole power to try and decide all cases of impeachment
2. For this purpose, the Senators shall be under oath or affirmation
3. When the President of the Philippines is on trial, the CJ of the Supreme Court presides. However, he/she will not vote.
This requires the concurrence of 2/3 of all the Members of the Senate
1.) Ombudsman/Tanodbayan
3.) At least one Deputy each for Luzon, Visayas and Mindanao
5.) Must not have been candidate for any elective office in the immediately preceding election
6.) For Ombudsman: He must have been for ten years or more
1. A judge or
2. Engage in the practice of law in the Philippines
Disqualifications/Prohibitions (under Article IX, Section 2)
1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be
affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries.
Appointment
1. Of Ombudsman and deputies
1. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be filled from
a list of 3 nominees
2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months after they occur.
2. Of other officials and employees of the Office of the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office
Rank/Salaries:
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1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency,
when such act or omission appears to be illegal, unjust, improper, or inefficient.
1. The SC held that the power to investigate and prosecute cases involving public officers and employees has been
transferred to the Ombudsman.
2. The Ombudsman may always delegate his power to investigate.
3. The power to investigate includes the power to impose preventive suspension.
4. This preventive suspension is not a penalty.
5. “INVESTIGATE” does not mean preliminary investigation.
6. The complaint need not be drawn up in the usual form.
7. The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned.
8. ANY illegal act may be investigated by the Ombudsman. In this regard, the Ombudsman’s jurisdiction is CONCURRENT
with that of the regular prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and
expedite any act of duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.
1. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken by the officers concerned.
2. The public official or employee must be employed in:
1. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they
are under the Supreme Court.
3.) Direct the officer concerned to take the appropriate action against a public official or employee at fault, and recommend his
removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.
1. The Ombudsman does NOT himself prosecute cases against public officers or employees.
2. Final say to prosecute still rests in the executive department.
3. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute.
4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law to furnish it
with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of
public funds of properties, and report any irregularity to COA for appropriate action.
5.) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to
examine, if necessary, pertinent records and documents.
6.) Public matters covered by its investigation when circumstances so warrant and with due process.
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and make
recommendations for their elimination and the observance of high standards of ethics and efficiency
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8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by
law.
Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public
officials or employees of the government, or any subdivision, agency or instrumentality including GOCCs and their subsidiaries.
In appropriate cases, it should notify the complainants of the action taken and the result thereof.
Fiscal Autonomy
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be automatically and regularly
released.
1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor
2. Powers
1. It will continue to function and exercise its powers as now or hereafter may be provided by law
2. Exception: Powers conferred on the Office of the Ombudsman
3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases.
1.) The right of the State to recover properties unlawfully acquired by public officials and employees from them or from their
nominees or transferees shall NOT be barred by prescription, laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.
1.) President
2.) Vice-President
7.) Ombudsman
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Scope of prohibition:
1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES:
1. Loans
2. Guarantees
3. Other forms of financial accommodation
From:
2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply.
Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office
and as often as required under the law.
These declarations shall be disclosed to the public in a manner provided by law in the case of:
1.) President
2.) Vice-President
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2.) If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the loss of the office by
the incumbent.
3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective offices.
1. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy
unless they expressly waive their status as such
This renunciation must be some other than, and prior to, the filling of the certificate of candidacy.
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2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and
3. Expanding productivity, as the key to raising the quality of life for all.
2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be
competitive in both domestic and foreign markets.
The State shall protect Filipino enterprises against unfair foreign competition and trade practices.
Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the
base of their ownership
2. Dominium
1. The capacity of the State to own and acquire property.
2. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and
other natural resources.
Scope:
Waters
Fisheries;
Forests or timber;
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Wildlife;
2. Means
B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with
1. Filipino citizen or
2. Corporation or association at least 60% of whose capital is owned by such citizens
3. Limitations:
A. Period: It should not exceed 25 years, renewable for not more than 25 years
4. In case of water rights/water supply/fisheries/industrial uses other than the development of water power
The beneficial use may be the measure and limit of the grant.
1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens
2. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the
rivers, lakes, bays and lagoons.
1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-
scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general
terms and conditions provided by law.
2. They should be based on the real contributions to economic growth and general welfare of the country.
3. In the agreements, the State should promote the development and use of local scientific and technical resources.
4. The President should notify Congress of every contract under this provision within 30 days from its execution.
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5. Management and service contracts are not allowed under this rule.
Archipelagic waters
EEZ
2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.
1. Agricultural
2. Forest/timber
4. National Parks
Note:
1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President, upon
recommendation by the DENR.
2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is
denuded does not mean it is no longer forest land.
2. Agricultural lands may be further classified by law according to the uses to which they may be devoted.
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands.
2. For Filipino citizens
Taking into account the requirements of conservation, ecology and development, and subject to the requirements of agrarian
reform, Congress shall determine by law the size of the lands of the public domain which may be acquired, developed, held or
lease and the conditions therefore.
2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years.
A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other
sanction.
B. Here, in possession since time immemorial, presumption is that the land was never part of public domain.
C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land
Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest lands and national parks,
marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and
may not be increased or diminished, EXCEPT by law. Congress shall provide measures to prohibit logging in
1. a. Endangered forest and
2. b. Watershed areas for such period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous cultural communities to their ancestral lands
2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations.
3. “ANCESTRAL DOMAIN”
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens
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2. Exceptions
A. In intestate succession, where an alien heir of a Filipino is the transferee of private land.
B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND,
subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires
derivative title.
C. Foreign states may acquire land but only for embassy and staff residence purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not
deprive ownership.
B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale.
5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by
non-Filipinos cannot acquire and own land, even for religious purposes.
1. Escheat proceedings
B. Alien still has the title (didn’t pass it on to one who is qualified)
1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60%
of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment.
This may be done when the national interest dictates.
2. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by
Filipinos.
In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to
QUALIFIED Filipinos.
Power to grant:
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2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s
Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the undertaking must involve dealing directly
with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility, and it leases
the same to the government. It is the government which operates the public utility (operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens.
3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common
good so requires.
1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their
proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino
citizens.
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a general law.
2. GOCC’s
a. Special charters in the interest of the common good and subject to the test of economic viability.
A. Conditions
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B. May be used against privately owned public utilities or businesses affected with public interest.
B. Involves either:
ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated
by the government.
2. The State may either regulate or prohibit monopolies, when public interest so requires.
1. Filipino citizens; or
1. Filipino citizens; or
1. Filipino citizens;
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3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and
Mass Media
1. Filipino citizens; or
Advertising
1. Filipino citizens; or
Educational institution
1. Filipino citizens; or
*Congress may, by law, increase Filipino equity requirements for ALL educational institutions.
Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment
areas.
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Social Justice
1) Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have
more in law.
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice
but also political social justice.
2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable
distribution of wealth and political power.
Labor
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution, what
rights are guaranteed, and what positive measures the state should take in order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities
Ø The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors.
Ø The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by
law.
Right to participate in the decision making process of employers
The workers have the right to participate on matters affecting their rights and benefits, “as may be provided by law”. This
participation can be through
2) grievance machineries,
Agrarian Reform
Goals:
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own
the land they till, and
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To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it
becomes necessary to deprive owners of their land in excess of the maximum allowed there is compensable taking and
therefore the exercise of eminent domain.
Reach of agrarian reform
It extends not only to private agricultural lands, but also to “other natural resources,” even including the use and enjoyment
of “communal marine and fishing resources” and “offshore fishing grounds”.
The Commission on Human Rights
Composition:
1) Chairman; and
2) 4 members
Qualifications:
5) The CHR is not of the same level as the COMELEC, CSC, or COA.
Powers:
1) Investigate all forms of human rights violations involving civil or political rights
C. CHR has NO adjudicatory powers over cases involving human rights violations.
E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights
violation.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the 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.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute these cases.
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C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. These must be obtained
from the regular courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to enhance respect for the primacy of human
rights.
7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights
violations or their families.
8) Monitor compliance by the government with international treaty obligations on human rights.
9) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth in any CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the performance of its functions.
12) Perform such other functions and duties as may be provided for by law
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The right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and
equitable admission requirements.”
1) Schools have the power to dismiss students, after due process, for disciplinary reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
b) The misconduct affects the student’s status, or the good name or reputation of the school.
2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion.
Educational Institutions
I. Filipinization
A. Ownership:
3). Congress may increase Filipino equity requirements in ALL educational institutions.
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2). Refers to line positions, such as President, Dean, Principal, and Trustees
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for
by law for other foreign temporary residents.
1) All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties.
2) This is self-executory
1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment
3) Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt
from taxes, subject to conditions prescribed by law.
B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic
duties.
2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching
controversial matter which has no relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they are free from institutional censorship or discipline.
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C. Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
D. Limitations
E. Budgetary Priority:
2). BUT: This command is not absolute. Congress is free to determine what should be given budgetary priority in order to enable
it to respond to the imperatives of national interest and for the attainment of other state policies or objectives.
3) Instructors are designated and approved by the proper religious authorities; and
Section 6. Language
4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
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1) Flag
Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.
c). Suit is against a government official, but is such that ultimate liability shall devolve on the government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally liable, and the
suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to
interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent.
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B. Implied consent:
a). The contract must be entered into by the proper officer and within the scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter
contains no express “sue or be sued” clause.
a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical
personality.
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain government funds
and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then
the money can be garnished.
1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment against public
funds. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law.
1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their
subsidiaries.
2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of
duty.
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Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific
provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision
implies substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and
to ratify such proposal. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic
law).
2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or
Commission, by the people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative power is
an ordinary power of Congress and of the people, also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise of legislative
power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary legislative power.
The only reason Congress can exercise such power is that the Constitution has granted it such power.
B. Constitutional Convention:
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the
discretion of Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for vote
requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for the calling of such
ConCon, Congress – exercising its ordinary legislative power – may supply such details. But in so doing, Congress (as
legislature) should not transgress the resolution of Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for their expenses. Money may be
spent from the treasury only to pursuant to an appropriation made by law.
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C. People’s Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
3) Limitation:
Note:
1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review, the manner
the proposals are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may determine whether the assembly
has acted in accordance with the Constitution.
a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people for ratification.
Proposal of Revisions
2) By a constitutional convention
Ratification
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition’s
sufficiency
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a) The Constitution does not require that amendments and revisions be submitted to the people in a special election. Thus, they
may be submitted for ratification simultaneously with a general election.
b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the
legislative sphere. That Congress could have done better does not make the steps taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single
plebiscite. There cannot be a piece-meal ratification of amendments/revisions.
d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the proposed
amendments/revisions so provide.
3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.
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