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LOCAL GOVERNMENTS

1. Autonomous regions- cant be increased by ordinary legislation


2. Provinces
3. cities
4. Municipalities
5. Barangays

- As regards 2-5, you cannot abolish by ordinary legislation. It needs a


plebiscite to abolish or merge.

Terms:
- 3 consecutive terms except barangays
- Voluntary renunciation is not considered an interruption for purposes of
consecutiveness
Case: Ong vs Alegre – the last term the official he was ousted should be
counted in contemplation of the 3 consecutive terms rule.
- MMDA is not an LGO nor a political unit. It has no power to enact ordinances.
It is just an administrative body. It has also no power to confiscate and to
revoke licenses. It is unauthorized.
- MMDA vs MENCOR TRANSPORT SYSTEM: MMDA is not vested with police
power.

SHARE OF REVENUES
- They can have their own source of revenue
- Congress has no discretion whether to release the IRA. The release is
automatic.
- LGU can levy taxes against national instrumentality as long as there is no
express exemption provided by law.
- MIAA vs CA: when the govt instrumentality is granted with exemption by law,
the same shall be applied liberally against the taxing power of the LGU.

ACCOUNTABILITY OF PUBLIC OFFICERS


Impeachable Officials:
1. President
2. VP
3. SC Justices
4. Ombudsman
5. Commissioners

Grounds:
1. Betrayal of public trust
2. High crimes

Procedure:
• Initiation is deemed done upon filing of the impeachment complaint
• it can be initiated not more than once in a year
• the committee can be compelled to act on the complaint by mandamus
• the resignation does not render the impeachment proceedings defunct?

Investigatory Power of Ombudsman


- can conduct investigation for purposes of impeachment
- the executive officers, except Pres and VP, are subject to the administrative
and criminal jurisdiction of the ombudsman
- members of the congress are not covered but there staffs are.
- Justices – not covered because they can only be removed thru impeachment
- TC judges – not covered, under the disciplinary power of the SC
- Case: Ledesma vs Ombudsman: the ombud has the authority to determine
the administrative liability of an officer. It has the power to implement its
sanctions and punishment against an official coursed thru the dept head.
- Case: Masing vs Ombud (jan 22, 2008): ombud has jurisdiction over public
school teachers notwithstanding the Magna Carta. It has concurrent
jurisdiction with DepEd. Whoever acquires the jurisdiction first excludes the
other.
- Special Prosecutor – the one who prosecutes the criminal cases in the
Ombudsman but this is dependent to the ofc of the ombudsman. All cases
prosecuted by the spec pro needs a prior authority from the ombud. He is the
fiscal in the sandiganbayan.
- Ombud vs Valera: as long as he is authorized by the Ombud, spec pro can
conduct administrative investigation but he cant order preventive
suspension.
- The power to prosecute criminal cases is not exclusive with Ombud. This is
concurrent with the Dept of Justice. But if the officier involved is a high-
ranking official (salary grade 27 and up), the recommendation of the fiscal is
subject to the approval of the deputy ombud or the ombud.
- Preventive suspension is 6 months. This cant be imposed in a piecemeal
fashion.
- In violations of RA 3019, preventive suspension is mandatory so long as there
is valid Information.

Prosecution for Ill-gotten wealth


- There is a prescription to prosecute but to recover does not prescribe

NATIONAL ECONOMY AND PATRIMONY

Regalian Doctrine (Sec 3)


- All natural resources belong to the state.
- Classified into public domain and private
A. Public domain
An individual fil citizen can acquire. A juridical person cant acquire land of
public domain. It can only lease up to 1000 hectares for a period of 50
years.
Reclaimed lands are considered lands of public domain. Unless
classified as A and D, they cant be acquired by anyone. If so classified,
individuals and not corps can acquire but limited to 12 hectares.
Case: Chavez vs NHA: lands reclaimed by NHA are considered
patrimonial, unlike those reclaimed by PEA which are considered of
public domain. Hence, NHA reclaimed lands can be acquired by qualified
Filipino corporations.

B. Private Lands
Individual citizen and qualified domestic corp can acquire. A foreigner cant
acquire except by inheritance.

EXPLOITATION OF NATURAL RESOURCES


- Only citizens can exploit
- Corporations can exploit as long as it is qualified (at least 60% is owned by
Filipinos.
- Foreign corporation CAN extend only financial and technical assistance,
in this case the State is the employer and the foreign corp is the contractor.
- Case: Apex Mining vs Southeast Mindanao

Ancestral Domain
- The tribal members have the right to own land by native title.
- Case Alcantara vs DENR (2008)
-
EXPLORATION OF SEA WATERS
- Limited to fil citizens

CHR
- Limited to investigative power
- To prosecute? Yes, in rel to Human Security Act
- Does not enjoy fiscal autonomy.

ACADEMIC FREEDOM
- Case UP vs Civil Service Commission (2001): the act of the CSC was
considered a violation of the academic freedom of UP when it tries to
investigate UP teacher

TAX EXEMPTION
- Only non-stock non-profit educ institution
- Private educ institution is not covered

LANGUAGE

FLAG
- Cant be changed by ordinary legislation. It requires plebiscite

STATE IMMUNITY
- IMMUNE from suit unless it consents either expressly or impliedly
- It can be sued for the acts of the special agents
- Case: fil Aguila satellite inc vs Lichauco (may 3, 2006). Ultra vires acts and
those which are of personal in character are not covered by immunity.
- Case: PCGG: if the state initiates or intervenes the suit, it waives its immunity
from suit

AMENDING THE CONSTITUTION


1. Proposal
- Congress as a constituent assembly
- The people thru initiative

2. Submission
- Piecemeal submission is not allowed

3. Ratification
- There is no requirement for the proclamation that the consti has been
ratified,

TREATY-MAKING POWER
makabayan vs arroyo
nicholas vs romulo
salonga case (all on apr 11, 2009): they cant just change the provisions without the
corresponding the le

focus:
on the more recent cases
landmark cases, either validating or overruling of the doctrines.