Notes taken from Dean Candelaria’s no-recit lectures

Article X
 Provisions have departed from the provisions of 1973 constitution
 President merely has the power of supervision over local governments – not control unlike in the
’73 constitution
 What are the political subdivisions? P-C-M-B
o Others are NOT political subdivisions, they are other structures
o Allows creation of metropolitan subdivisions, regional development councils and for
common benefit  administrative in nature
o BUT creation of autonomous regions is by law  can’t be done by political subdivisions
o Creation of SPECIAL political subdivision – has to be by law
 Example: MMDA
 Tan v COMELEC - ‘areas affected’ include those that are left behind due to the fact that
boundaries would be altered; both mother unit and child unit has to vote
 Umali v COMELEC - plebiscite is not limited merely to qualified voters; political units directly
affected must be included

Governing Principles
 Recall – in the term limits, at one point you can recall an incumbent. This is in the Local
Government Code
o LGC – implementing legislation of Art. X
 General Supervision by the President, not control
 Revenue-raising – class opportunities for local government units to be created in imposing certain
taxes by ordinance
o One of the benefits of new consti
o These are taxes that are not in duplication of national taxes
o National government has the power of tax, but in terms of local taxation it is done by
LGU’s
o National Taxes – derived compensation from work either public or private
 Note: sometimes, these are included already in the compensation. Employers can
take it out on your salary – NOT unconstitutional
 Tariff, Estate, Corporation, Donor’s tax, Documentary and Stamp tax 
NATIONAL TAX
 Bill property tax  LOCAL GOVERNMENTAL, it was national before
 IRA – Automatically released appropriation
o Pimentel v Aguirre (automatic release) – a law which provides that pending assessment
by the Development Budget Coordinating Committee of the emerging fiscal situation,
10% of the allotment of LGUs will be withheld is a violation of the constitution
o Mandanas v Ochoa - Congress can validly exclude taxes that will constitute the base
amount for the computation of the IRA only if a Constitutional provision allows such
exclusion.
o No executive action or legislative action can be done for the purpose, EVEN
TEMPORARILY, for withholding the IRA
 LGU are entitled to automatic appropriation
  Equitable Share
o Who owns the natural resources beneath the land of local governments? The State
o What is the sharing in ‘equitable sharing’? Provided for in the LGC and in the
Organic Act
o In Civil law when you have private property and oil is found underneath, the Government
still owns the natural resources. Government can even take over but must still pay
compensation
 Owner is entitled to royalty
 Term limits – the constitution says 3-year terms except for barangay (determined by law, by
legislation)

Case 1st Term 2nd Term 3rd Term Issue Rule

Borja Succeeded Elected Elected 1st term No
considered
full?
Adormeo Elected Elected Elected in Qualified to Yes
recall run again?
Socrates Elected Elected Elected Qualified to Yes
run in recall?
Latasa Elected Elected Elected Qualified to No
(converted to run again?
city)
Ong v Alegre Elected Elected Elected 2nd term Yes
(revoked after considered
term ended) full?
Montebeon Elected Elected then Elected 2nd term No
(Councilor) succeeded counted in 3
Vice Mayor consecutive
terms?
Laceda v Elected Elected Elected (2 Three Yes
limena municipalities consecutive
merged) terms?
Dizon Elected Elected Elected Run again Yes
after 3 years?
Bolos Elected Elected Elected then Voluntary Yes
became renunciation?
punong
barangay
Aldovino Elected Elected Elected then Preventive No
suspended suspension =
interruption?

 Sectoral representation – different for each area; depends on how many indigenous/farmers you
have in the area
 Independence of HUC – Umali case – political units directly affected need to be included in the
votation

CAR/ARMMM
 CAR did not materialize; had to follow the standards in Abbas (creation of farms)
o Abbas standard: You need at least at least two provinces to vote in creation of
autonomous region (AR)
 Ordillos v COMELEC – region is to be made up of more than one constituent unit
 AR have been created because of the historical, social, cultural characteristics of the
region
o Why were they created? Argued to not have been colonized by Spain; they have
maintained their traditions
o A12S5 – Congress may pass a law which will govern the property relations of
indigenous communities (IPRA ACT)
 ARMM can have their own executive and legislative departments, and their own court
system
o Should the standard of the ARMM government be the same as that of the National
government or LGU’s outside the ARMM?
 Should they have a legislative assembly
 Is having a parliamentary system in the ARMM legal?
 Current constitutional, question. No jurisprudence
 Special courts
o Does not allow criminal jurisdiction for Sharia Courts
o CAR is not operational, so they don’t have a special court
o IPRA allows for the creation of systems of governance and systems of dispute
settlement
 IPRA (Indigenous people law) – IPRA is the governing law for indigenous communities
o In IPRA, if an indigenous community practices a justice system outside of the
ARMM or Cordillera, it MUST be in accordance with the standard of the national
government system
o No inhumane, cruel, sanctions, etc.
o They may adopt their own system of governance within their respective
communities
 Sharia Courts
o No criminal jurisdiction; limited form of sanction
 Constituent Unites
o Only those voting in favor of the AR will be part of the AR
 Organic Act provides legislative powers – EXCLUSIVE LIST; MEMORIZE
o Administrative organization
o Source of revenue
o Ancestral domain and natural resources – they can define the meets and bounds of
ancestral domain (as distinguished from ancestral land – smaller portion of AD)
o Personal, family, and property relations
o Regional urban and rural planning development
o Economic, social and tourism development
o Educational policies
o Preservation and development of the cultural heritage
o Other matters provided by law to promote general welfare
  Cannot have any power on Criminal laws  national jurisdiction; revised penal code will govern
o Code of Muslim Personal Laws  property relations of Muslims
 Local police – can be drawn from MILF (they can be integrated in the military)
o Distinction between police and military
o Police – local enforcement
o National defense – left to the NATIONAL government
 Rebel members got integrated into the AFP before

Article XI
Impeachment
suis generis, class by itself

 Sereno Case – quo warranto can be a way to remove CJ

 Who are the impeachable officers? Memorize
o President
o Vice-President
o SC Justices,
o Constitutional Commissions
 The commissions in Art 9 are distinct from constitutional bodies
 Commissions are part of constitutional bodies; but there are other bodies that are
not part of commissions
 CHR
Impeachable officers only refer to the three constitutional commissions NOT to the other
constitutional bodies: COA, CSC, COMELEC
o Ombudsman
 Does NOT cover tanodbayan, deputy ombudsman
 Grounds - have become very flexible
o Culpable Violation of Consti
o Treason
o Bribery
o Graft and corruption
o Other high crimes or betrayal of public truss
Other grounds (jurisprudence) – in more recent times the ‘Culpable violation of Consti’ has
been broadened
o Non-filing of SALN
o Issues with Judiciary Development Fund
o Meddling into processes in JBC
 Three ways of impeachment
o Initiation – the proper term
 Cases: Francisco and Guiterrez
 Francisco: deemed initiated the moment it is filed to the Committee of
Justice and the House Rep has taken cognizance
 Will bar subsequent cases thereafter
  Simultaneous filing no matter how many to the house – considered
as only filed once as long as they are taken in the same manner and
time by the Committee of Justice
1. Verified complaint by HR member
2. Verified complaint by citizen upon resolution or endorsement by HR member
3. Verified complaint or resolution by 1/3 of all HR members
a. Estrada case: convened Congress, go to roll, and read the agenda
one of which is his prayer for and there the voting was done. Speaker
endorsed. It was already in the business agenda  forwarded to
the Senate.
 Quo warranto now an ‘alternative’ to impeachment
o Non-filing of SALN is grounds for BOTH
 Trier of Impeachment Cases:
o President on trial – CJ presides but does not vote
o CJ on trial – Senate President (votes? Voted on Corona case)
Conviction: 2/3
Limitation: only 1 impeachment per year; only to remove, NO DOUBLE JEOPARDY in
criminal cases
Estrada v Desierto – no double jeopardy and the immunity no longer obtains because he
was no longer in office
 Weight of Evidence needed: suis generis
o But, what has been applied is substantial evidence since it is closest to
administrative case. It is sometimes criminal because of the allegations made
o Courts cannot question the appreciation of evidence  Political question
 Can’t ask why the impeachment court used substantial evidence instead of
beyond reasonable doubt
 Can a conviction of impeachment be reviewed by the Supreme Court?
o NO answer. Never materialized in Corona Case.
o Would have been a case of first impression. As of now, it is a political act or
question

Anti-Graft Bodies
 Ombudsman (Tanodbayan), Office of Special Prosecutor, Sandiganbayan
o OSP – spillover from the old Constitution
o OSP is subordinate to the Ombudsman
 OSP can’t do anything without first getting the nod of the Ombudsman
o Ombudsman deputies includes the military
 Composition:
o 1 over-all deputy
o 1 for Luzon, Visayas, Mindanao, and the Military
 Qualifications of Ombudsman and his deputies
o NBC
o 40 yrs old
o PH Bar member
 o Not candidate for any office in the immediately preceding election
o ONLY FOR OMBUDSMAN: 10 years of practice of law OR judge for 10 years
 Anti-graft court – Sandiganbayan
 Appointment – president from a list of 6 nominees
o Does not require confirmation from COA
 To avoid horse-trading (Ombudsman will not investigate in exchange of
confirmation)
o 7 years with no re-appointment
 Prohibition – cannot run in election immediately succeeding cessation from office
o Includes any public office actually
 Fiscal Autonomy

General Restrictions and Requirements

President, Vice-President, Cabinet, SC Justices, ConCom, Ombudsman or any firm or entity which they
have controlling interest

 Loans by Government banks – Restricted in engaging in any transaction or loan for any business
purpose
o Housing purpose is allowed
Sometimes there is circumvention – gets loan for housing purposes but if it was actually for
business purposes – STILL NOT ALLOWED

 SALN - is constitutionally required not only for the persons enumerated but to all employees of
the three branches of the government
 Allegiance – does not prohibit allegiance or double citizenship itself per se
o what the constitution prohibits is employment where allegiance is an issue
o From the point of view from the state: the state may choose who its citizens are
o Whenever you have to run for public office, you are required to denounce your other
citizenship

Article XII
General Principles
 Need to protect local enterprises against unfair foreign competition
o Competition Act – aims to promote a flawless economy by allowing competitors
o Competition per se is not objectionable. What is objectionable is discriminatory and
unfair competition
 Stewardship in the Constitution – principle that promotes the common good and imposes the
obligation of ‘stewardship’ who have access to property rights
o Abuse of property - when you have a property, you cannot use your property in a manner
that will lead to harm to other persons
 Indigenous communities – initial inhabitants of the Philippine islands
o Constitution recognizes Ancestral Domain Rights
 IPRA is implementing law
 Reserves certain areas of investments to Filipinos
o Level-playing field with foreign investments
  Preferential use of Filipino labor and goods
o Subject of Tanada
 Practice of professions – reserved to Filipino citizens
o By LAW, this may change but this is unlikely
 Temporary takeover vs Permanent take-over of public utility
o Take-over powers pertains to legislature and NOT to President
o Temporary – no need for compensation
 Regulated to prevent certain harm or emergency
o Permanent – need for compensation
 Absolute alienation of property right. State cannot just take it without
compensation
 Monopolies prohibited? NO
o Only prohibited when it is against public interest
o Cartels – may be prohibited because they restrict competition
 Violations of Art. 12 is subject to criminal and civil sanctions

Regalian Doctrine
“All lands as far as the King’s eye can see, belongs to the King”

 Lands of public domain – owned by the state

o Shall not be alienated except agricultural lands
 Can pertain to residential, commercial, and industrial  State allows
purchase/appropriation to citizens
 All lands of public domain (including all natural resources underneath), waters, minerals, coal,
petroleum, other mineral oils, forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna and other natural resources are owned by the state and shall not be alienated
except agricultural lands

IPRA law implementing legislation

 Ancestral domain incudes the same set of natural resources above
 Why allowed? Constitution recognizes the property rights of indigenous communities. It is
allowed because there is implementing legislation
 Ancestral domain is taken out of the public domain
o Unless the property of indigenous communities has not been supported or alienated in
favor of the government, they need to be in the same status as private even before
colonization
 Attempt by the government to correct a constitutional injustice

Natural Resources
 Exploration, Development, Utilization – state has full control and supervision
o State must take it directly
o Exception: Financial and Technical Assistance Agreement (FTAA)
 Foreign corporation may enter into an agreement with the President
  Foreign Corporation DOES NOT participate in exploration, development, and
utilization. It only does Financial Assistance
o Resident Mammals
 Co-production, Joint Venture, production sharing
o Take note of the participation of the foreigners
o By lease, renewable for another 25 years
o Constitutional Commissioners wanted to lift this restriction from foreigners because the
money from foreign capitals does not enter freely into the Philippines for the exploration
etc.
 Water rights
o Everyone can have beneficial use
o Generation of power is not one that pertains to the actual appropriation of power  water
just becomes a means to generate water
 Marine Zone in UNCLOS v Marine Zone under our Constitution
o Consti: As far as archipelagic waters, terriotiral sea, and EEZ  exclusive rights to
Filipinos
o UNCLOS: Rights are qualified
 Small-scale utilization v Large-Scale utilization of natural resources
o Small-scale – can be done by locals; priority to subsistence fishermen and workers
o Large-scale – needs more financial assistance hence the President can enter into
agreements in regard to this
 Can be subject to FTAA’s

Land of Public Domain

 Agricultural – subject to alienation
o Residential, commercial, or industrial (since it can be subject to alienation)
 Forests or Timber – not subject to alienation
 Mineral Lands – not subject to alienation
 National Parks – not subject to alienation
 Congress has the power to determine when LPD may be alienated
o Needs a congressional act

Alienability of LPD
 Lease of alienable LPD
o Private corporation or association – 25 yrs + max extension of 25 yrs; 1000 hectares
o Citizen – 500 hectares
 Acquisition of purchase, homestead or grant of alienable LPD – ONLY by citizen; look at the
limitations
o Case law: when you have private land, it is subject of alienation. Limited to Filipinos
o Foreigners are not allowed to acquire private lands
 Includes former Filipino Citizens
o EXCEPTION for former Filipino citizens – may acquire private lands through transfer
(by will)
 State wants to entice Filipinos to retire in the Philippines
o EXCEPTION for FOREIGNERS – intestate succession, compulsory heir status
  By will – generally not allowed, but they may be a usufruct (usufruct is not
alienation of property)

Rules on Investment, Concessions, and Franchises

 Certain Areas of Investment
o Incentives for Filipinos
o Reserved to Filipino citizens or corporations/associations 60% of capital owned by
Filipino citizens
o When national interest dictates, highest percentage of ownership may be prescribed by
Congerss
 Grant of conessions on national economy and patrimony
o Preference to qualified Filipinosis expanded by the SC in Manila Hotel – manila hotel
now part of national patrimony
o Army Navy Case
 Franchise – anything that has something to do with public service
o Filipino citizens or corporations or associations 60% of capital owned by Filipino citizens
o MAX 50 years (25 +25 extension)
o Water, electricity, or other forms of power  public utilities
 Have to go to Congress to get rights
o Subject to alteration or revocation at any time. This is a privilege not a right
o Foreign investors are limited in their participation to their proportionate share in capital
o All executive/managing officers must be Filipino citizens
o Gamboa v Teves – capital refers to shares of stock entitled to vote in the election
of directors  refers only to common shares and NOT total outstanding capital stock
(both voting and non-voting shares)