Constitutional Law 1
Source: Book of Cruz
This is a humble work of art for all who would like to learn the
art of the practice of law.
- RDB
CONSTITUTIONAL LAW I
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.
ARTICLE I: NATIONAL TERRITORY
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. The
waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters
of the Philippines.
ARTICLE II: DECLARATION OF PRINCIPLES AND
STATE POLICIES
PRINCIPLES
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates
from them.
The essence of republicanism is representation and renovation,
the selection by the citizenry of a corps of public functionaries who derive
their mandate from the people and act on their behalf, serving for limited
period only, after which they are replaced or retained at the option of their
principal.
STATE
State is a legal concept, while nation is only a racial or ethnic
concept.
A state is a politically organized sovereign community,
independent of outside control, bound by ties of nationhood,
legally supreme within its territory, and acting through government
functioning under a regime of law (CIR v Campos Rueda, 1971).
The elements of a state are:
1. people,
2. territory,
3. government and
4. sovereignty.
1. PEOPLE - the inhabitants of a State, who may be classified as:
i. INHABITANTS;
- The right of an individual to be secure in his person is
guaranteed by the Constitution, which declares the
popular right of the people and which indisputably
applies to both citizens and foreigners in this country
(Qua Chee Gan v Deportation Board, 1963).
ii. CITIZENS; and
iii. ELECTORS.
2. TERRITORY - a fixed portion of the surface of the earth
inhabited by the people of a state.
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Composition
a. Philippine Archipelago; and
b. All territories over which the Philippines has sovereignty
or jurisdiction
Methods of determining the baselines
1. STRAIGHT LINE METHOD (SBM) - a series of straight lines
connecting the outer points of islands, rocks, and reefs along a
deeply indented coastline.
- The
Philippines follow the SBM (under RA 3046 (June 17, 1961).
- Under
the “archipelagic doctrine,” the enclosed area is considered
only as one integrated whole.
2. NORMAL BASELINE METHOD (NBM) - determines the low
tide mark (low water line), and that is where the counting of the
normal baseline should begin
A baseline is used to determine the following:
1. The internal waters (not more than 12 miles from the BL);
2. The 200-mile EEZ; and
3. Other territorial waters.
The Archipelagic Doctrine
- CONCE
PT: A body of water studded with islands, or the islands
surrounded with water. It is viewed as a unity of islands and
waters forming one unit in contrast to a continent, which is a single
mass of land.
- PURPOS
ES:
1. To protect the territorial integrity of a state;
 Bodies of water within the baseline, regardless of their
breadth, form part of the archipelago and are thus,
considered internal waters.
2. To preserve economic interests; and
3. To safeguard national security.
Exclusive Economic Zone under PD 1599(1978)
 Sec. 1. “There is established an exclusive economic zone extending
"to a distance of two hundred nautical miles beyond and from the
baselines from which the territorial sea is measured. Provided, That
where the outer limits of the zone as thus determined overlap the
exclusive economic zone of an adjacent or neighbouring state, the
common boundaries shall be determined by agreement with the state
concerned or in accordance with pertinent generally recognized
principles or international law on delimitation."
 Sec. 4. “Other states shall enjoy in the exclusive economic zone
freedoms with respect to navigations and overflight, the laying of
submarine cables and pipelines, and other internationally lawful uses
of the sea relating to navigation and communications.”
• Purposes:
1. Sovereign rights to explore, exploit, conserve and manage the
natural resources, living or non-living, renewable or non-
renewable of the seabed, subsoil, and super-adjacent waters.
Economic exploitation and exploration of the resources of the zone
such as the production of energy from the water, currents and
winds.
2. Exclusive rights and jurisdiction with respect to the
establishment and utilization of artificial islands, off-shore
terminals, installations and structures; the preservation of the
marine environment, including the prevention and control of
pollution and scientific research.
3. Such other rights as are recognized by international law.
 Other states are prohibited from using the zone to:
1. Explore or exploit any resources;
2. Carry out any search, excavation or drilling operations;
3. Conduct any research;
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Source: Book of Cruz
4. Construct or operate any artificial island, off-shore
terminal, installation, or other structure;
5. Perform any activity which is contrary to, or in
derogation of, the sovereign rights and jurisdiction herein
provided.
 Other states are allowed to use the zone for:
1. Navigation and over flight;
2. Laying of submarine cable and pipelines;
3. Other lawful uses related to navigation and communi-
cation.
 In case of overlapping of EEZs, the common
boundaries are to be determined by:
(i) agreement and
(ii) international rules on delimitations.
 UN Convention on the Law of the Sea (30 April 1982.)
The exclusive economic zone which shall not extend
beyond 200 nautical miles from baselines, from which the breadth
of the territorial sea is measured, is recognized in the UNCLOS, of
which the Philippines is a signatory.
Its concept is that although it is not part of the territory,
exclusive economic benefit is reserved for the country.
3. GOVERNMENT - the agency or instrumentality, through
which the will of the State is formulated, expressed and realized
(Poindexter v. Greenhow, 114 US 270 cited in Cruz: 1989) with
the mandate to promote the welfare of the people (Sinco: 3 rd Ed.)
 The Philippine government is democratic and republican.
 The GOVERNMENT OF THE PHILIPPINES is defined as
“the corporate government entity through which the functions of
government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms
through which political authority is made effective in the
Philippines, whether pertaining to the provincial, city, municipal or
barangay or other form of local government.” (Administrative
Code of 1978, Sec. 2)
 Regardless of their form, governments are either: de jure or
de facto.
 De jure government has rightful title but no power or
control, either because this has been withdrawn from it
or because it has not yet actually entered into the
exercise thereof.
An example of this government is the Aquino
government (Lawyers League for Better Philippines v.
Corazon C. Aquino, G.R. No. 73748, May 22, 1986)
 De facto government is a government in fact, that is, it
actually exercises power or control but without legal
title.
Three kinds:
1. The government that gets possession and control of, or
usurps, by force or by the voice of the majority;
2. That established as an independent government by the
inhabitants of a country who rise in insurrection against
the parent state;
3. That which is established and maintained by military
forces who invade and occupy a territory of an enemy in
the course of war.
Characteristics of the third kind of de facto government:
1. Its existence is maintained by active military power
within the territories and against the rightful
authority of an established and lawful government
(military take-over);
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2. During its existence, it must necessarily be obeyed in
civil matters by private citizens who, by acts of
obedience rendered in submission to such force, do not
become responsible, as wrongdoers, for those acts,
though not warranted by the laws of the rightful
government.
 The government performs two kinds of functions, to wit: the
constituent and the ministrant.
Constituent functions:
1. Keeping the order and providing for the protection of
persons and property from violence and robbery;
2. The fixing of the legal relations between husband and wife
and between parents and children;
3. The regulation of the holding, transmission and interchange
of property, and the determination of its liabilities for debt or
for crime;
4. The determination of contractual rights between
individuals;
5. The definition and punishment of crimes;
6. The administration of justice in civil cases;
7. The administration of political duties, privileges, and
relations of citizens; and
8. The dealings of the State with foreign powers; the
preservation of the State from external danger or
encroachment and the advancement of its international
interests. (Cruz: 1989)
Ministrant functions are those undertaken to advance the general
interests of society such as:
1. Public works;
2. Public Charity; and
3. The regulation of trade and industry
4. SOVEREIGNTY - is the supreme and uncontrollable power
inherent in a State by which that State is governed (Cruz: 1989)
Two kinds:
1. Legal or the Congress and
2. Political from the different sectors that mold public
opinion.
Extent:
1. Internal for domestic affairs;
2. External for direct its relations with other States.
Characteristics:
1. Permanent;
2. exclusive
3. comprehensive
4. absolute
5. indivisible
6. inalienable and
7. imprescriptible (Laurel v. Misa, 77 Phil. 856)
JUS POSTLIMINIUM.
- It states that there is no change of sovereignty during a
belligerent occupation (ex. Japanese invasion against
America), and the political laws of the occupied territory area
merely SUSPENDED, subject to REVIVAL under the jus
postliminium upon the end of the occupation (Peralta v.
Director of Prisons, 75 Phil. 285)
- The Constitution of the Commonwealth, being POLITICAL
LAW, was not effective in the Philippines during the
Japanese occupation (Alcantara v. Director of Prisons, 75
Phil. 749)
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Source: Book of Cruz
- However, judicial decisions on defamations, are valid
except those of POLITICAL COMPLEXION, like
conviction for treason, which are automatically annulled
upon the restoration of the legitimate authority.
In case of change of sovereignty, SC has already held
that, upon a change of sovereignty, the provisions of the
Penal Code having to do with such subjects as treason,
rebellion and sedition are no longer in force (People vs.
Perfecto, 43 Phil., 887).
DOCTRINE OF SOVEREIGN IMMUNITY
It states that the State cannot be sued without its consent.
(Art. XVI, Sec. 3).
- REASONS:
a. Positivist theory: There can be no legal right as
against the authority that makes the laws on which the
right depends. (Holmes in Kawananakoa v Polyblank)
b. Sociological theory: If the State is amenable to suits,
all its time would be spent defending itself from suits and
this would prevent it from performing its other functions.
(Republic v Villasor, 54 SCRA 83)
- The doctrine is also available to foreign States insofar
as they are sought to be sued in the courts of the local
State. The added basis in this case is the PRINCIPLE OF
THE SOVEREIGN EQUALITY OF STATES , under w/c one
State cannot assert jurisdiction over another in violation
of the maxim par in parem non habet imperium. To do
so would "unduly vex the peace of nations." (Cruz.)
 GARNISHMENT OF PUBLIC FUNDS
Republic v. Villasor, 54 SCRA 83 (1973.)
F: On 7/3/61, a decision was rendered in SP in favor of
respondents, and against petitioner-Republic, confirming
the arbitration award in the amount of 1.7 M, subject of
SP. On 6/24/69, respondent Judge issued an Order
declaring the afore-stated decision final and executory,
directing the Sheriffs of Rizal Province, QC as well as
Manila to execute the said decision. A corresponding
alias writ of execution was then issued. On the strength
of said writ, the sheriff served notices of garnishment w/
several banks, specially on the 'monies due the AFP in
the form of deposits, sufficient to cover the amount
mentioned in the writ;' the Phil. Veterans Bank received
the same notice of garnishment. Hence, this original
action for certiorari and prohibition w/ the SC.
HELD: The State may not be sued without its consent.
A corollary, both dictated by logic and sound sense from
such a basic concept is that public funds cannot be the
object of a garnishment proceeding even if the consent to
be sued had been previously granted and the state
liability adjudged.
- This is based on considerations of public policy.
- Disbursements of public funds must be covered by the
corresponding appropriation as required by law.
◌ The functions and public services rendered by the State
cannot be allowed to be paralyzed or disrupted by the
diversion of public funds from their legitimate and
specific objects, as appropriated by law.
 WHEN A SUIT IS AGAINST THE STATE AND WHEN IT IS
NOT
 A suit IS AGAINST the State, regardless of who is
named as the defendant, if it produces adverse
consequences to the public treasury in terms of
disbursement of public funds and loss of government
property. (Begosa v Chairman, Phil. Veterans Adm., 32
SCRA 466 (1970))
 A suit IS NOT AGAINST the State:
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1. When the purpose of the suit is to compel an officer
charged with the duty of making payments pursuant to an appropria-
tion made by law in favor of the plaintiff to make such payment.
Begosa v. Chairman, Philippine Veterans Adm., 32 SCRA 466
(1970)
F: Gaudencio Begosa, plaintiff-appellee, was an "enlisted
man of the Phil. Commonwealth Army, inducted in the
service of the USAFFE" having taken "active participation in
the battle of Bataan" as well as the "liberation drive against
the enemy" thereafter became "permanently incapacitated
from work due to injuries he sustained in line of duty xxx."
Plaintiff filed his claim for disability pension as far back as
3/4/55; but it was erroneously disapproved on 6/21/55. The
Board of Administrators, Phil. Veterans Admin., finally
approved his claim on 9/2/64, at the rate of P30/mo. Judge
Soriano noted that: "had it not been for the said error, it
appears that there was no good ground to deny the said claim,
so the latter was valid and meritorious even as of the date of
its filing on 3/4/55, hence to make the same effective only as
of the date of its approval on 9/2/64--according to defendant’s
stand-- would be greatly unfair and prejudicial to plaintiff.
The appeal assigns as one error what it considers to be the
failing of the LC in not holding that the complaint in this case
is in effect a suit against the State w/c has not given its
consent thereto.
HELD: The doctrine of non-suability has no application
where the suit against such a functionary had to be instituted
because of his failure to comply w/ the duty imposed by
statute appropriating public funds for the benefit of plaintiff
or claimant.
- The suit is not against the State because it has acknowledged
its liability to the plaintiff through the enactment of an
appropriation law. The suit is intended to compel
performance of a ministerial duty. (same ruling in Del Mar v.
Philippine Veterans Adm (PVA), 51 SCRA 340 (1973))
2. When from the allegations in the complaint, it is clear
that the respondent is a public officer sued in a private capacity.
Shauf v CA 191 SCRA 713 (1990)
F: By reason of her non-selection to a position at Clark Air
Base, Shauf filed an equal opportunity complaint against
officers of Clark Air Base, for alleged discrimination against
the former by reason of her nationality and sex. She then
filed a complaint for damages with the RTC. Respondents
filed a MTD on the ground that as officers of the US Armed
Forces performing official functions in accordance with the
powers vested in them, they are immune from suit.
Shauf contends that the officers are being sued in their private
capacity for discriminatory acts performed beyond their
authority; hence the instant action is not a suit against the US
Govt. which would require its consent. According to
respondents, the complaint is barred by the immunity of the
US since the acts sued upon are governmental activities of the
US.
HELD: 1. While the doctrine of non-suability appears to
prohibit only suits against the state without its consent, it is
also applicable to complaints filed against officials of the
state for acts allegedly performed by them in the discharge of
their duties.
- The rule is that if the judgment against such officials will
require the state itself to perform an affirmative act to satisfy
the same, such as the appropriation of the amount needed to
pay the damages awarded against them, the suit must be
regarded as against the state itself, although it has not been
formally impleaded.
2. It is a different matter where the public official is made to
account in his capacity as such for acts contrary to law and
injurious to the rights of plaintiff.
- Inasmuch as the State authorizes only legal acts by its
officers, unauthorized acts of govt. officials or officers or acts
in excess of the powers vested are not acts of the State, and
an action against the officials or officers by one whose rights
have been invaded or violated by such acts, for the protection
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Source: Book of Cruz
of his rights, is not a suit against the State within the
rule of immunity of the State from suit.
3. The doctrine of state immunity cannot be used as an
instrument for perpetrating an injustice.
Republic v Sandoval, 220 SCRA 124 (1993)
F: The heirs of the 12 rallyists who perished during the
Mendiola massacre filed an action for damages. Such
action was filed against the government. This was by
virtue of a recommendation made by the Citizen's
Mendiola Commission (created for the purpose of
conducting an investigation of the disorder, deaths and
casualties that took place during the Mendiola incident.)
that the heirs and wounded victims of the incident be
compensated by the Govt. Notwithstanding such
recommendation, no concrete form of compensation was
received by the victims. The Caylo Group (the group of
marchers in the said incident) filed a formal letter of
demand from the govt. Still unheeded for almost a year,
the group filed an action against the govt, together w/ the
military officers and personnel involved in the incident
before the trial court. Resp. Judge dismissed the
complaint as against the RP on the ground that there was
no waiver by the State.
HELD: • The principle of state immunity from suit does
not apply, as in this case, when the relief demanded by
the suit requires no affirmative official action on the part
of the State nor the affirmative discharge of any
obligation w/c belongs to the State in its political
capacity, even though the officers or agents who are
made defendants claim to hold or act only by virtue of a
title of the state and as its agents and servants.
• In this case, while the Republic is sued by name, the ul-
timate liability does not pertain to the govt.
- Although the military officers were discharging their
official functions when the incident occurred, their
functions ceased to be official the moment they exceeded
their authority.
- Immunity from suit cannot institutionalize
irresponsibility and non-accountability nor grant a
privileged status not claimed by any other official of the
Republic.
• Moreover, this is not a suit against the State with its
consent.
a. The recommendation made by the Mendiola
Commission regarding indemnification of the heirs and
the victims of the incident by the government does not in
any way mean that liability automatically attaches to the
State.
- The Commission was merely a fact-finding body and
its recommendation was not final and executory.
b. Whatever acts or utterances that President Aquino
may have done or said, the same are not tantamount to
the State having waived its immunity from suit.
3. When the action is not in personam with the
government as the named defendant, but an action in rem that
does not name the government in particular.
Republic v. Feliciano, 148 SCRA 424).
F: Respondent Pablo Feliciano filed a complaint in the
CFI of Camarines Sur against the RP, represented by the
land authority, for the recovery of ownership and
possession of a parcel of land. He alleged that the lot in
question should be excluded from the NARRA
settlement reservation program of the government under
Proc. No. 90, since it's his private property being covered
by a possessory information title in the name of his
predecessor-in- interest. (Proc. No. 90 reserves for
settlement purposes, under the administration of the
NARRA, now the Land Authority, a tract of land
situated in the Municipalities of Tinambac and Siruma,
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Camarines Sur.) Feliciano prayed that he be declared the
rightful owner of the property in question.
HELD: • A suit against the government for the recovery of
possession and ownership of land based on a possessory
information was disallowed by the SC on the ground that a
suit for the recovery of property is an action "in personam"
which seeks to bring the State to court just like any private
person who is claimed to usurp a piece of property.
What the plaintiff should have done was to apply for a
judicial confirmation of imperfect title under Sec. 48(b) of
CA 141, which is an "action in rem", i.e., one directed against
the whole world, and not the government in particular
• The failure of the petitioner to assert the defense of
immunity from suit when the case was tried before the court
a quo, as alleged by private respondent, is not fatal. It is now
settled that such defense "may be invoked by the courts sua
sponte at any stage of the proceedings.
• The exclusion of existing private rights from the reservation
established by Proc. no. 90 cannot be construed as a waiver of
the immunity of the State from suit. Waiver of immunity,
being in derogation of sovereignty, will not be inferred
lightly, but must be construed in strictissimi juris. Moreover,
the Proclamation is not a legislative act. The consent of the
State to be sued must emanate from statutory authority.
Waiver of State Immunity can only be made by an act of the
legislative body.
 CONSENT TO BE SUED
A. How consent is given
Waiver of state immunity can only be made by an act of
legislative body.
The consent to be sued, in order to be effective, must come
from the State, acting through a duly enacted statute.
Republic v. Purissima, 78 SCRA 470 (1977)
F: The Rice & Corn Administration (RCA) entered into a
contract w/ the Yellow Ball Freight Lines in w/c they agreed
that in the event of breach, action may be filed w/ the courts
of Manila. In 1972, Yellow filed a money claim against
RCA. The respondent Judge denied the motion to dismiss
filed by RCA relying on the stipulation in the contract of the
parties.
HELD: The RCA is part of the govt, being in fact an office
under the Office of the Pres. and therefore cannot be sued w/o
the consent of the State. However, the consent to be effective
must come from the State, acting thru a duly enacted statute.
Thus, whatever counsel for defendant RCA agreed to, had no
binding force in the govt. RCA had no authority to bind the
government to be sued. Only a statute could.
Republic v Feliciano, 148 SCRA 424
The SC held that the Proclamation of the President of the
Philippines (recognizing private rights to the land) cannot be
the source of consent, since the Proclamation is not a
legislative act.
B. Express consent:
Money claims arising from contracts, express or implied.
Act No. 3083. An Act Defining the Conditions under which
the Government of the Philippines may be sued.
Sec.1. Subject to the provisions of this Act, the Government of the
Philippines hereby consents and submits to be sued upon any moneyed claim
involving liability arising from contract, express or implied, which could serve
as a basis of civil action between private parties.
Sec. 2. A person desiring to avail himself of the privilege herein
conferred must show that he has presented his claim to the Commission on Audit
and that the latter did not decide the same within two months from the date of its
presentation.
Sec. 3. Original actions brought pursuant to the authority conferred
in this Act shall be instituted in the Regional Trial Court of the City of Manila or
of the province where the claimant resides, at the option of the latter, upon which
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court exclusive original jurisdiction is hereby conferred to hear and
determine such actions.
Sec. 4. Actions instituted as aforesaid shall be governed by the
same rules of procedure, both original and appellate, as if the litigants were
private parties.
Sec. 5. When the Government of the Philippines is plaintiff in
an action instituted in any court of original jurisdiction, the defendant shall
have the right to assert therein, by way of set-off or counterclaim in a
similar action between private parties.
Sec. 6. Process in actions brought against the Government of
the Philippines pursuant to the authority granted in this Act shall be served
upon the Solicitor-General whose duty it shall be to appear and make
defense, either himself or through delegates.
Sec. 7. No execution shall issue upon any judgment rendered
by any court against the Government of the Philippines under the
provisions of this Act; but a copy thereof duly certified by the clerk of the
Court in which judgment is rendered shall be transmitted by such clerk to
the President of the Philippines, within five days after the same becomes
final.
Sec. 8. The President of the Philippines, at the commencement
of each regular session of the Legislature, shall transmit to that body for
appropriate action all decisions so received by him, and if said body
determine that payment should be made, it shall appropriate the sum which
the Government has been sentenced to pay, including the same in the
appropriations for the ensuing year.
Sec. 9. This Act shall take effect on its approval.
Approved, March 16, 1923.
Com. Act 327. An Act Fixing the Time within which the
Auditor General shall Render His Decisions and Prescribing the
Manner of Appeal There from.
Sec. 1. In all cases involving the settlement of accounts or
claims, other than those of accountable officers, the Auditor General shall
act and decide the same within sixty days, exclusive of Sundays and
holidays, after their presentation. If said accounts or claims need reference
to other persons, office or offices, or to a party interested, the period
aforesaid shall be counted from the time the last comment necessary to a
proper decision is received by him. With respect to the accounts of
accountable officers, the Auditor General shall act on the same within one
hundred days after their submission, Sundays and holidays excepted.
In case of accounts or claims already submitted to but still
pending decision by the Auditor General on or before the approval of this
Act, the periods provided in this section shall commence from the date of
such approval.
Sec. 2. The party aggrieved by the final decision of the Auditor
General in the settlement of an account or claim may, within thirty days
from receipt of the decision, take an appeal in writing:
(a) xxx
(b) To the President of the Philippines, or
(c) To the Supreme Court of the Philippines, if the appellant is
a private person or entity.
If there are more than one appellant, all appeals shall be taken to
the same authority resorted to by the first appellant.
From a decision adversely affecting the interests of the
Government, the appeal may be taken by the proper head of the department
or in case of local governments by the head of the office or branch of the
Government immediately concerned.
The appeal shall specifically set forth the particular action of the
Auditor General to which exception is taken with the reasons and
authorities relied on for reversing such decision.
Sec. 3. This Act shall take effect upon its approval.
Approved, June 18, 1938.
• Sec. 2 of CA 327 has been amended by Sec. 50 of PD
1445 and by Sec. 35, Chapter 5, Subtitle B, Title I, Book V,
Administrative Code of the Philippines, as follows:
Sec. 50. Appeal from decisions of the Commission.-- The party
aggrieved by any decision, order, or ruling of the Commission may within
thirty days from his receipt of a copy thereof appeal on certiorari to the
Supreme Court in the manner provided by law and the Rules of Court.
When the decision, order, or ruling adversely affects the interests of any
government agency, the appeal may be taken by the proper head of that
agency. (PD 1445.)
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Sec. 35. Appeal from Decision of the Commission.-- Any decision,
order or ruling of the Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within thirty days from his receipt of a copy
thereof in the manner provided by law and the Rules of Court. When the
decision, order or ruling adversely affects the interest of any government agency,
the appeal may be taken by the proper head of that agency. (Subtitle B, Title I,
Book V, Administrative Code of the Philippines.)
▪ Before the 1987 Constitution, the law in force was Act 3038 and
CA 327 which, according to Sayson v Singson (a suit to compel
payment of electrical supplies delivered to CAA), allowed suit only for
money claims arising from contract, and providing a special procedure.
- Under this procedure, the claim must be filed with the
Auditor General (now, COA). If the Auditor did not act
within 60 days, then the claimant could file his claim with the
RTC. But if the Auditor rendered a decision, then the appeal
could be made to the SC, unless the claimant was a public
official in which case appeal was to the President.
▪ Art. IX of the 1987 Constitution now gives a different procedure.
All money claims are to be filed with COA, which has 60 days within
which to act. If it fails to so act, the claimant must wait anyway. Once
a decision has been made, he has, within 30 days to appeal by
certiorari to the SC.
Sayson v. Singson 54 SCRA 282 (1973)
F: In 1/67, the Office of the District Engr. requisitioned
various spare parts for the repair of a D-8 Bulldozer. A
public bidding for the said items was conducted wherein the
awards committee accepted the winning bid of P43,530 given
by Singkier Motor Service owned by respondent Singson.
Said award was approved by the Sec. of Public Works and
Comm. who then directed the immediate delivery of the parts.
In due course, the voucher w/c covered the transaction
reached the hands of petitioner Highway Auditor Sayson who
then made inquiries about the reasonableness of the price.
After finding the price reasonable (as was evidenced by the
indorsements of the Div. Engr. and the Comm. of Public
Highways, the approval of the Sec. of PW & C, and the
verification of the representative of the Bureau of Supply
Coordination), petitioner approved and effected payment of
the voucher and withheld the 20% equivalent of P8,706 in
order to submit the documents covering the transaction to the
Supervising Auditor for review.
After making a canvass, the General Auditing Office
determined the transaction to be overpriced by at least
P40,000.
Malversation charges were failed against the district Engr.
and civil Engr. involved. A mandamus suit was filed by the
respondent w/c sought to compel petitioner government
auditors to approve the payment of the voucher covering the
balance. The LC decided in favour of respondent Singson.
Hence this appeal by certiorari.
HELD: • It is apparent that respondent Singson's cause of
action is a money claim against the Govt, for the payment of
the alleged balance of the cost of spare parts supplied by him
to the Bureau of Public Highways.
- Assuming momentarily the validity of such claim,
mandamus is not the remedy to enforce the collection of such
claim against the State ***, but w/c cannot prosper or be
entertained by the Court except w/ the consent of the
State***. In other words, the respondent should have filed
his claim w/ the General Auditing Office, under the
provisions of CA 327*** w/c prescribe the conditions under
w/c money claim against the government may be filed.
• It is true that once consent is secured, an action may be
filed.
- There is nothing to prevent the State, however, in such
statutory grant, to require that certain administrative
proceedings be had and be exhausted. Also, in the proper
forum in the judicial hierarchy can be specified if thereafter
an appeal would be taken by the party aggrieved.
- In the case at bar, there was no ruling of the Auditor Gen.
Even had there been such, the court to w/c the matter should
have been elevated is the SC. The LC could not legally act on
the matter.
Constitutional Law 1
Source: Book of Cruz
Quasi-delicts committed by special agents
Art. 2180. The obligation imposed by article 2176 is
demandable not only for one's own acts or omissions, but also for those of
persons for whom one is responsible.
xxx
The State is responsible in like manner when it acts through a
special agent, but not when the damage has been caused by the official to
whom the task done properly pertains, in which case what is provided in
Art. 2176 shall be applicable.
xxx (Civil Code.)
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed by the
provisions of this Chapter. (ibid.)
▪ Art. 2180 of the Civil Code allows a suit against the gov-
ernment for quasi-delicts committed by the government when
acting through special agents (those performing non-regular
functions)
- But if the tortious act was committed by a regular
employee, the injured party could only bring a suit for
damages against the employee in his personal capacity.
Merritt v Government of the Philippine Islands, 34 Phil 311
F: Merritt, while riding his motorcycle was hit by an
ambulance owned by the Philippine General Hospital. It
was driven by a driver employed by the hospital.
In order for Merritt to sue the Philippine government,
Act No. 2457 was enacted by the Philippine Legislature
authorizing E. Merritt to bring suit against the
Government of the Philippine Islands and authorizing the
Attorney-General of said Islands to appear in said suit.
A suit was then filed before the CFI of Manila which
fixed the responsibility for the collision solely on the
ambulance driver and determined the amount of damages
to be awarded to Merritt. Both parties appealed from the
decision, plaintiff Merritt as to the amount of damages
and defendant in rendering the amount against the
government.
ISSUE: Did the defendant in enacting Act No. 2457
simply waive its immunity from suit or did it also
concede its liability to the plaintiff?
HELD: • By consenting to be sued, a state simply
waives its immunity from suit. It does not thereby
concede its liability to the plaintiff, or create any cause
of action in his favor, or extend its liability to any cause
not previously recognized. It merely gives a remedy to
enforce a pre-existing liability and submit itself to the
jurisdiction of the court, subject to its right to interpose
any lawful defense.
• The Government of the Philippine Islands is only
liable, for the acts of its agents, officers and employees
when they act as special agents within the meaning of
paragraph 5 of A1903, OCC (par. 6, Art. 2180, NCC).
- A SPECIAL AGENT is one who receives a definite
and fixed order or commission, foreign to the exercise of
the duties of his office if he is a special official. The
special agent acts in representation of the state and
executes the trust confided to him.
This concept does not apply to any executive agent who
is an employee of the active administration and who on
his own responsibility performs the functions w/c are
inherent in and naturally pertain to his office and w/c are
regulated by law and the regulations.
In this case, the Philippine General Hospital (PGH) did
not yet have separate legal personality from the
Philippine Govt. It should further be noted that the
plaintiff was allowed to sue by virtue of a special law
(ACT 2457) but was unable to hold the defendant govt.
liable since the injuries were caused by a regular driver
of the govt. and not a special agent.
US v. Ceballos, 182 SCRA 644
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F: Resp. was employed as barracks boy in Camp O'Donnel,
and was arrested following a buy-bust operation conducted by
petitioners, who are officers of the US Air Force and special
agents of the Air Force Office of Special Investigators.
Petitioners filed charges against respondent for violation of
RA 6425 and testified against him at the trial. Respondent
was dismissed from employment as a result of the filing of
the charge. Respondent filed a complaint for damages against
petitioners for his removal. Defendants (petitioners herein)
filed the affirmative defense that they had only done their
duty in the enforcement of Phil. laws inside the American
bases pursuant to the RP-US MBA. Later, their counsel filed
a motion to withdraw answer and moved for the dismissal of
the complaint on the ground that defendants were acting in
their official capacity and that the complaint against t hem
was in effect a suit against the US w/o its consent.
HELD: Petitioners cannot be directly impleaded for acts
imputable to their principal w/c have not given its consent to
be sued. Petitioners were acting in the exercise of their
official functions when they conducted the buy-bust
operation.
Private respondent invoke Art. 2180, NCC w/c holds the govt
liable if it acts through a special agent. The argument, it
would seem, is premised on the ground that since the officers
are designated as "special agents," the US govt should be
liable for their torts.
• Suability v. Liability
- Suability depends on the consent of the state to be sued,
liability on the applicable law and the established facts.
- The circumstance that a state is suable does not necessarily
mean that it is liable; on the other hand, it can never be held
liable if it does not first consent to be sued.
- Liability is not conceded by the mere fact that the state has
allowed itself to be sued. When the state does waive its
sovereign immunity, it is only giving the plaintiff the chance
to prove, it can, that the def. is liable.
• Art. 2180 of the Civil Code establishes a rule of liability, not
suability. Therefore, the govt may be held liable under this
article only if it first allows itself to be sued through any of
the accepted forms of consent.
• Moreover, the agent performing his regular functions is not
a special agent even if he is so denominated, as in the case at
bar. No less important, the said provision appears to regulate
only the relations of the local state w/ its inhabitants and,
hence, applies only to the Phil. govt and not to foreign
governments impleaded in our courts.
• SC rejected the conclusion of the trial court that the answer
filed by the special counsel of the Office of the Sheriff Judge
Advocate of Clark Air Base was a submission by the US govt
to its jurisdiction.
- Express waiver of immunity cannot be made by a mere
counsel of the govt but must be effected through a duly-
enacted statute. Neither does such answer come under the
implied forms of consent.
NOTES on the consolidated cases US v. Guinto, et al.:
1. The doctrine of state immunity is sometimes derisively
called the "royal prerogative of dishonesty" because of the privilege it
grants the state to defeat any legitimate claim against it by simply
invoking its non-suability. This implies however that the State may be
sued with its consent.
2. The consent of the state to be sued may be manifested
expressly or impliedly.
- Express consent may be embodied in a general law or a
special law.
◌ Express consent is effected only by the will of the
legislature through the medium of a duly enacted statute.
- Consent is implied when the state enters into a contract or it
itself commences litigation.
Constitutional Law 1
Source: Book of Cruz
◌ When the govt. enters into a contract, it is deemed to
have descended to the level of the other contracting party
and divested of its sovereign immunity from suit with its
implied consent. However, distinctions must be made
between sovereign and proprietary acts. The state may
only be liable for proprietary acts.
◌ As for the filing of a complaint by the govt., suability
will result only where the govt. is claiming affirmative
relief from the defendant.
3. There is no question that the US will be deemed to
have impliedly waived its non-suability if it has entered into a
contract in its proprietary or private capacity. It is only when the
contract involves its sovereign or governmental capacity that no
such waiver may be implied.
4. By entering into an employment contract [a
proprietary function] with the respondents, the US impliedly di-
vested itself of its sovereign immunity. The state could therefore
be sued since such contracts are commercial in nature.
• Incorporation of GOCCs
When the government creates a corporation, it invariably
provides this corporation a separate entity and with the capacity to
sue and be sued. If the government entity is given the capacity to
be sued, the suit encompasses any kind of action, including one
from tort.
SSS v CA, 120 SCRA 707 (1983)
F: The Spouses David and Socorro Cruz obtained a loan
from SSS on the security of a lot located in Sto. Rosario,
Pateros, Rizal. Claiming that the couple had defaulted in
the payment of the monthly amortizations, the SSS
applied for the foreclosure of the mortgage. As a result,
the sheriff scheduled the sale of the prop. mortgaged and
notice of the sale was published. It turned out that while
the couple failed to pay some of the amortizations on
time, at the time of the application for foreclosure, their
account was up to date. The SSS mistook the couple's
account for that of another one bearing the same name
Socorro Cruz, although w/ different middle name. The
spouses sued SSS for damages.
HELD: (1) Having accepted the late payments of the
monthly installments, the SSS could not suddenly and
w/o prior notice to the couple apply for the extrajudicial
foreclosure of their mortgage.
- There was negligence on the part of the SSS when it
mistook the loan account of Socorro J. Cruz for that of
Socorro C. Cruz. Its attention was called to the error but
it refused to acknowledge its mistake. SSS should, thus,
be held liable for nominal damages.
(2) Under its charter [RA 1161, sec. 4(k)] the SSS can
sue and be sued. So, even assuming that the SSS enjoys
immunity from suit as an entity performing
governmental functions by virtue of the explicit provision
of the enabling law, it can be sued. The government
must be deemed to have waived immunity in respect of
the SSS, although it does not thereby concede its
liability.
• Makasiar, dissenting:
The provision that it can be sued and be sued merely
allows a private citizen a remedy for the enforcement of
his rights but always subject to the defense of the govt.
Since under Art. 2180, NCC the State is liable for tort
only when it acts through special agents but not when it
acts through officials to whom the task done properly
pertains and who alone are liable for their torts, the SSS
cannot be held liable for damages in this case.
PNB v. CIR, 81 SCRA 314 (1978)
F: The United Homesite Employees and Laborers
Association of the People's Homesite and Housing
Corporation (PHHC) in a case filed before the Court of
Industrial Relations prevailed over PHHC. The final and
executory judgment was sought to be enforced via a writ
of garnishment against PHHC's funds deposited with
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Manresa 2008
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PNB. PNB sought to quash the writ alleging that the funds
were "public in character." The motion was denied.
HELD: PHHC was a government-owned entity. It has
personality distinct and separate from the government. It has
all the powers of a corporation under the Corporation Law,
accordingly it may sue and be sued and may be subjected to
court processes just like any other corporation.
- Garnishment is a proper remedy for a prevailing party to
proceed against the funds of a corporate entity even if owned
or controlled by the government.
- By engaging in business through the instrumentality of a
corp., the govt divests itself of its sovereign character, so as
to render the corp. subject to the rules governing private
corporations.
Rayo v. CFI of Bulacan, 110 SCRA 456
F: Petitioners are among the many victims of the flooding
caused by the simultaneous opening of the three floodgates of
Angat Dam during the height of typhoon "Kading". The
complaints they filed before the CFI of Bulacan were
dismissed for the reason that the NPC in the operation of the
Angat Dam is `performing a purely governmental function,'
thus it `can not be sued without the express consent of the
State.'
HELD: The government has organized a private corporation,
put money in it and has allowed it to sue and be sued in any
court under its charter [RA 6395, Sec. 3(d)].
- As a government owned and controlled corporation, it has a
personality of its own, distinct and separate from that of the
Government (NASSCO v CIR).
- Moreover, the charter provision that the NPC can "sue and
be sued in any court" is without qualification on the cause of
action and accordingly it can include a tort claim such as the
one instituted by petitioners.
C. Implied consent:
(1) When the government enters into business contracts
- When the government is in the performance of governmen-
tal function (jure imperii), even if it enters into a contract with private
persons, it cannot be sued without its consent.
United States of America v. Ruiz, 136 SCRA 487 (1985)
F: In 5/72, the US advertised for bid projects involving the
repair of wharves and certain works on the shorelines at its
naval base in Subic, Zambales. Eligio de Guzman & Co., Inc.
(EG & Co.) submitted proposals in connection w/ w/c it
received 2 telegrams from the US government asking it to
confirm its price proposals and the name of its bonding co.
However, in 6/82, EG & Co. was informed that its proposals
had been rejected and the projects had been awarded to 3rd
parties. EG & Co. brought suit in the CFI to compel the US
govt to allow it to perform the work on the projects. It also
asked for a writ of preliminary injunction to restrain the US
govt from entering into contract w/ 3rd parties for work on
the projects. The US govt moved to dismiss the complaint,
but its motion was denied. Hence, the petition for review.
HELD: It has been necessary to distinguish bet. sovereign
and governmental acts (jure imperii) and private, commercial
and proprietary acts (jure gestionis.) The result is that State
immunity now extends only to acts jure imperii.
A state may be said to have descended to the level of an
individual and can thus be deemed to have tacitly given its
consent to be sued only when it enters into business contracts.
- The rule does not apply where the contract relates to the
exercise of its sovereign functions.
In this case the contract for the repair of wharves and piers at
the naval base in Subic was held to be in line with the
governmental function of the US Government and so the
immunity existed.
The projects are an integral part of the naval base w/c is
devoted to the defense of both the US and the Phils.,
Constitutional Law 1
Source: Book of Cruz
indisputably a function of the govt of the highest order;
they are not utilized for, nor dedicated to, commercial or
business purpose.
Malong v PNR, 138 SCRA 63 (1985)
PNR not Immune from Suit
F: The petitioners sued the Philippine National Railway
(PNR) for damages for the death of their son who fell
from an overloaded PNR train on 10/30/77. However,
the trial court dismissed the suit on the ground that,
under its charter as amended by PD 741, the PNR had
been made a government instrumentality, and that as
such it is immune from suit.
HELD: "Not all government entities, whether corporate
or non-corporate, are immune from suits. Immunity
from suit is determined by the character of the objects for
w/c the entity is organized."
- When the govt enters into a commercial transaction it
abandons its sovereign capacity and is to be treated like
any other corp.
In this case, the state divested itself of its sovereign
capacity when it organized the PNR, w/c is no different
from its predecessor, the Manila Railroad Co.
(2) When it would be inequitable for the state to invoke
its immunity, or when it takes private property for public use or
purpose.
Amigable v Cuenca, (43 SCRA 360), Alfonso v Pasay and
Ministerio v CFI, 40 SCRA 464.
- The SC allowed suit for the recovery of possession of
titled lands previously (decades) taken over by the
government for expansion of roads without just
compensation and the proper expropriation proceedings.
In so holding, it said that it would be unjust for the
government to invoke immunity after it has itself
violated the rights of the parties-claimant by taking over
the possession of the lands.
Santiago v. Republic, 87 SCRA 284 (1978)
Consent to be Sued Presumed where Allowance of Immunity
Would be Inequitable
F: Petitioner filed an action in the CFI of Zamboanga
City for the revocation of a deed of donation w/c he and
his wife had made to the Bureau of Plant Industry. He
claimed that the donee failed to comply w/ the condition
of the donation that the donee should install a lighting
and water system on the prop. and build an office
building w/ parking lot thereon not later than 12/7/74.
The trial court dismissed the action on the ground of
sovereign immunity.
HELD: Ordinarily, a suit of this nature cannot prosper.
It would, however, be manifestly unfair for the govt, as
donee, w/c is alleged to have violated the condition
under w/c it received gratuitously certain prop., to invoke
its immunity. Since it would be against equity and
justice to allow such a defense in this case, consent to be
sued could be presumed.
Thus, SC allowed the revocation of a deed of donation.
Commissioner of Public Highways v Burgos, 96 SCRA 831
(1980)
F: Private respondent Victoria Amigable was the owner
of a parcel of land in Cebu City; sometime in 1924 the
Government took this land for road-right-of-way
purpose. In 1959, she filed in the CFI of Cebu a
complaint for recovery of ownership and possession plus
damages. This complaint was dismissed by the CFI on
the ground of non-suability of the Government.
HELD: The taking of private property by the
Government in the exercise of its power of eminent
domain does not give rise to a contractual obligation.
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(3) If the Govt. files a complaint, defendant may file a
counterclaim against it.
Froilan vs Oriental Pan Shipping, 12 SCRA 276, GR L-6060 (Sept.
30, 1950)
F: Froilan purchased from Shipping Commission a vessel for
P200,000 paying P50 T down payment. A CM was executed
to secure the payment of the balance. For various reasons
including non-payment of instalments, the Commission took
possession of the vessel and considered the contract of sale
cancelled. The Commission chartered and delivered said
vessel to Pan Oriental. Froilan appealed from the action of
the Commission and he was restored to all the rights under
the original contract. However, Pan Oriental retained the
possession of the vessel. Froilan filed a complaint to recover
possession of the vessel. A writ of replevin was issued. The
Govt intervened alleging that Froilan failed to pay the balance
to the Commission; that the intervenor was entitled to the
possession of said vessel under the terms of the original
contract or in order for it to effect the extrajudicial foreclosure
of the mortgage. Pan Oriental answered the complaint in
intervention praying that if RP succeeded in obtaining the
possession of the vessel, to comply w/ its obligation of
delivering it to Pan Oriental pursuant to their contract of
bareboat charter w/ option to purchase. Complaint in
intervention was dismissed upon Froilan's payment of his
account to the RP. RP filed a motion to dismiss the
counterclaim w/c Pan Oriental had filed against it in view of
the court's order dismissing the complaint in intervention.
Counterclaim of Pan O. against RP was dismissed. Hence,
this appeal. RP raised, among others, as ground for the
dismissal of Pan O's counterclaim, the State's immunity from
suit.
HELD: By filing its complaint in intervention, the govt in
effect waived its right of non-suability. Stated otherwise, by
taking the initiative in an action against a private party, the
State surrendered its privileged position and came down to
the level of the def. The latter automatically acquires, w/in
certain limits, the right to set up whatever claims and other
defenses he might have against the State.
D. Scope of consent
(1) Under Act No.3083
Sec. 1. Subject to the provisions of this Act, the Government of the
Philippines hereby consents and submits to be sued upon any moneyed claim
involving liability arising from contract, express or implied, which could serve
as a basis of civil action between private parties.
▪ When a money judgment is given against the government,
the ordinary rule for execution would not apply, for the consent of the
government to be sued is only up to the point of judgment. If it does
not pay, it cannot be compelled to pay by attachment or otherwise (how
does one attach the Quezon bridge?
- The procedure is for one to furnish the Office of the Presi-
dent with the decision so it could include the amount in the
budget for the next year as the basis for appropriation (since
there can be no disbursement of public funds except in
pursuance of law).
- If the judge nonetheless issues a writ of execution against
government funds or property, no ordinary civil action can be
filed against the judge, unless there is a showing of malice.
But, a reinstatement of the funds to government accounts and
refund by the private party can be ordered. (Commissioner of
Public Highways v San Diego, 31 SCRA 616 (1970),
reiterating the case of Alsua v Johnson.)
Commissioner of Public Highways v San Diego, 31 SCRA 616
(1970)
F: On 11/20/40, the Govt filed a complaint for eminent
domain (ED) in the CFI for the expropriation of land
belonging to N.T. Hashim needed to construct EDSA. On
11/25/40, the Govt took possession of the prop. upon deposit
Constitutional Law 1
Source: Book of Cruz
w/ the city treasurer of the sum fixed by the court as the
provisional value of all the lots needed to construct the
road. In 1958, the estate of Hashim, through its Judicial
Administrator, Tomas Hashim, filed a money claim w/
the QC Engr's Office, w/c was alleged to be the FMV of
the prop. in question. Nothing having come out of the
claim, the estate filed a complaint for the recovery of the
FMV against the Bureau of Public Highways (BPH.)
The parties entered into a compromise agreement w/c
was approved by the CFI. The estate filed a motion for
the issuance of a writ of execution, w/c the court granted.
A notice of garnishment, together w/ a writ of execution
was served on PNB, notifying it that levy was thereby
made upon the funds of petitioner Bureau and the
Auditor General on deposit. Respondent Coruna, in his
capacity as Chief, Documentation Staff of PNB's Legal
Dept., authorized the issuance of a cashier's check of the
bank in the amount of the judgment/ compromise
agreement. Petitioners contend that PNB acted
precipitately in having delivered the amount w/o
affording petitioner Bureau a reasonable time to contest
the validity of the garnishment. It demands that the bank
credit the petitioner's account w/ the amount garnished.
HELD: Although the govt, as plaintiff. in expropriation
proceedings, submits itself to the jurisdiction of the
Court and thereby waives its immunity from suit, the
judgement that is thus rendered requiring its payment of
the award determined as just compensation for the
condemned prop. as a condition precedent to the transfer
to the title thereto in its favor, cannot be realized upon
execution. xxx [It] is incumbent upon the legislature to
appropriate any additional amount, over and above the
provisional deposit, that may be necessary to pay the
award determined in the judgment, since the Govt cannot
keep the land and dishonor the judgment.
xxx The universal rule that where the State gives its
consent to be sued by private parties either by general or
special law, it may limit claimant's claim "only up to the
completion of proceedings anterior to the stage of
execution" and that the power of the Courts end when
the judgment is rendered, since govt funds and properties
may not be seized under writs of execution or
garnishment to satisfy such judgments, is based on
obvious considerations of public policy. Disbursements
of public funds must be covered by the corresponding
appropriations as required by law. The functions and
public services rendered by the State cannot be allowed
to be paralyzed or disrupted by the diversion of public
funds from their legitimate and specific objects, as
appropriated by law.
(2) Under a charter
When consent to be sued is provided by the charter, the
consent does not stop with the rendition, but goes up to the
satisfaction of the judgment.
PNB v CIR, 81 SCRA 314 (1978)
- The SC held that since the PHHC had the capacity to be
sued, any judgment against it could be enforced by a
writ of execution, and its funds could even be garnished.
PNB v CIR, 81 SCRA 314 (1978), supra.
(e) Measure of recovery
When property has been unlawfully taken by the
government so that it is now compelled to make payment, the
measure of recovery is the fair market value of the property at the
time of taking (Ministerio v CFI, 40 SCRA 464).
The value of the peso in relation to the dollar at the time
of taking cannot be considered. For Art 1250 of the Civil Code
concerning supervening inflation has no application in eminent
domain cases, being applicable only to contractual obligations
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[Commissioner of Public Highways v Burgos, 96 SCRA 831 (1980)].
Ultimately, the face value of the peso then is the amount to be paid
now.
Section 2. 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.
This is known as the incorporation doctrine.
The Philippines is bound under the Hague convention
(Kuroda vs Jalandoni 42 OG 4282)
▪ In case of conflict between municipal and international
laws, both must be harmonized in order to give them both effect. (Co
Kim Chan vs Valdez Tan Keh)
Q: What if the conflict is irreconcilable?
- Then, municipal law should be upheld because it
represented an exercise of police power which, being
inherent, could not be bargained away or surrendered through
the medium of a treaty (Ichong vs Hernandez 101 Phil 1155)
- Municipal law was also upheld as against international law
in Gonzalez vs Hechanova (9 SCRA 230), on the basis of the
doctrine of separation of powers and in In re Garcia (2 SCRA
984) under the rule making power of the Supreme Court.
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.
The supremacy of civilian rule over the military is ensured by:
(i) the installation of the President, the highest civilian
authority, as the commander-in-chief of the military,
(ii) the requirement that members of the AFP swear to
uphold and defend the Constitution, which is the fundamental law of
the civil government,
(iii) the professionalization of the service and the
strengthening of the patriotism and nationalism, and respect for human
rights, of the military,
(iv) insulation of the AFP from partisan politics,
(v) prohibition against the appointment to a civil position,
(vi) compulsory retirement of officers (no over- staying of
officers), so as to avoid propagation of power),
(vii) a 3-year limitation on the tour of duty of the Chief of
Staff, which although extendible in case of emergency by the President,
depends on Congressional declaration of emergency,
(viii) requirement of professional recruitment, so as to avoid
any regional clique from forming within the AFP, as well as (ix) the
establishment of a police force that is not only civilian character but
also under the local executives.
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.
▪ This provision is based upon the inherent right of the state to
existence and self-preservation. Lagman and Zosa (38 OG 1676) were
convicted of refusal to register for military training as required by the
National Defense Law.
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable. 
Constitutional Law 1
Source: Book of Cruz
▪ Under this principle, not only the state that is prohibited
from intervening in purely ecclesiastical affairs; the church is
likewise barred from meddling in purely secular matters.  STATE POLICIES
- The classic case in separation of church and state is
Pamil v Teleron, which invalidated the selection to a
local post of Fr. Gonzaga.
Note. Ecclesiastics are not prohibited from running for
Congress.
▪ It is difficult to draw the line between separation of
Church and State.
- In Elizalde v Victoriano, a law exempting members of
Iglesia ni Kristo from the requirement that all employees
must join a union as condition for continued em-
ployment, pursuant to a closed-shop agreement in the
CBA, on the ground that it is prohibited by their religion,
was held valid. Although the law amounted to an
establishment of religion, it was likewise promoting the
free exercise thereof.
▪ The non-establishment clause is not violated if the
benefit derived by a religion from the expenditure of public funds
is merely incidental to public purpose.
- In Aglipay v Ruiz, the SC held that the stamps printed
by the government to commemorate the 33rd
International Eucharistic Congress in Manila did not
violate the separation of church and state, because its
main purpose was to promote Manila as seat of the
congress and thus to attract tourists (the stamp showed
the map of the Philippines, not a chalice).
▪ While the Constitution mandates separation of Church
and State through 1) Non-Establishment, 2) Free Exercise and 3)
No Religious Test clauses in the Bill of Rights, the disallowance of
the religious sector from being registered as a political party and
from being appointed as sectoral representatives of Congress, yet it
allows exceptions to the rule.
(1) The exemption of religious institutions from taxation
is a recognition that the Church is not all separate from State, for if
they were really so, the Church should be taxed by State like any
other entity.
(2) Public funds, while generally prohibited from being
spent for religious purposes as an aspect of the Non- Establishment
clause, may be applied to priest rendering religious service to the
AFP, a penal institution, or a government orphanage or
leprosarium.
- Reason: Exigency of the service. If members of the
AFP had to go out of the barracks to attend to their
spiritual needs, national security might be endangered; if
inmates were allowed to go out of jail to hear mass, they
might never return; and if lepers were allowed out of the
leprosarium, they might contaminate others.
- The general prohibition, however, does not apply to a
priest who, for instance, teaches Mathematics at UP, for
payment in this case is not for religious activities but for
teaching of a secular subject.
(3) The permission to have optimal religious instruction
during regular class hours upon written request of the parent or
guardian, to be taught by a teacher approved by the authorities of
the religion of which the child is a member, provided it is without
cost to the government is a new provision in the Constitution.
- Under the old Administrative Code, the instruction
could not be within regular class hours. Under A359 of
the Civil Code, religious instruction would even be made
part of the curriculum (with grades and failing marks), so
long as the parents ask for it.
(4) With the exception of sectarian schools, all schools
must be owned by citizens or 60% Filipino corporations.
- The control and administration of all schools, including
sectarian schools, must be in the hands of Filipinos.
- Furthermore, they cannot be established exclusively for
aliens, and the alien population in the school should not
exceed 1/3.
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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.
Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its territory.
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.
Section 10. The State shall promote social justice in all phases of
national development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
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.
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.
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.
Section 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
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.
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.
Section 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity and
development.
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 25. The State shall ensure the autonomy of local
governments.
Constitutional Law 1
Source: Book of Cruz
Section 26. The State shall guarantee equal access to
opportunities for public service and prohibit political dynasties as may be
defined by law.
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft and
corruption.
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.
ARTICLE IV: CITIZENSHIP
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the
Philippines;
[3] Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
Citizens are classifiable into:
(i) natural-born citizens (covering #'s 1, 2, and 3) and
(ii) naturalized citizens (covering #4).
Election of Philippine citizenship
Com. Act No. 625 (June 7, 1941.) AN ACT PROVIDING THE
MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE
CITIZENSHIP SHALL BE DECLARED BY A PERSON
WHOSE MOTHER IS A FILIPINO CITIZEN
Section 1. The option to elect Philippine citizenship in
accordance with subsection (4), section 1, Article IV [1935 Constitution:
Those whose mothers are citizens of the Philippines and, upon reaching the
age of majority, elect Philippine citizenship] shall be expressed in a
statement to be signed and sworn to by the party concerned before any
officer authorized to administer oaths, and shall be filed with the nearest
civil registry. The said party shall accompany the aforesaid statement with
the oath of allegiance to the Constitution and the Government of the
Philippines.
Section 2. If the party concerned is absent from the Philippines,
he may make the statement herein authorized before any officer of the
Government of the United States (now officials of Philippine Embassy or
Consulate) authorized to administer oaths, and he shall forward such
statement together with his oath of allegiance, to the Civil Registry of
Manila.
Note: The right of election permitted under the 1987
Constitution is available only to those born to Filipino
mothers under the 1935 Constitution who, had that
charter not been changed, would have been able to elect
Philippine citizenship upon attaining majority age.
- That right is retained for them under Article IV, Section
1 (3).
- Obviously, election is not necessary in the case of the
child to a Filipino mother under the present constitution
as she would be considered a Filipino citizen at birth.
Co v. Electoral Tribunal of the House of Representatives 199
SCRA 692 (1991)
- The Court interprets Sec. 1 par. 3 of the Constitution as
applying not only to those who elect Phil. citizenship
after 2 February 1987 but also those who, having been
born of Filipino mothers, elected citizenship before that
date.
Section 2. Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine citizenship
in accordance with paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.
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Section 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission, they are deemed, under the law,
to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
▪ Having the status of a natural-born citizen is important for
the purpose of certain political and economic rights open only to such
citizens.
Who must be natural born citizens:
(1) President Art. VII, Sec. 2
(2) Vice-President Art. VII, Sec. 3
(3) Members of Congress Art. VI, Sec. 3 and 6
(4) Justices of the SC and lower collegiate courts Art. VIII,
Sec. 7(1)
(5) Ombudsman and his deputies Art. XI, Sec. 8
(6) Constitutional Commissions Art. IX, B, Sec. 1 (1)), Art.
IX, C, Sec. 1(1), Art. IX, D, Sec. 1(1)
(7) Members of the Central Monetary Authority
Art, XII, Sec. 20
(8) Members of the CHR Art. XIII, Sec. 17(2)
Case A: A Filipino woman married B, an American in 1961.
The marriage made A an American citizen (which under CA
63, stripped her of her Philippine citizenship, the marriage
having been celebrated before 17 January 1973). A and B
lived in the US since then and in 1962, begot C, who was
automatically an American citizen by jus soli and jus
sanguinis.
In 1983, when C turns 21, can he elect Philippine citizenship?
Yes, according to obiters in Cu v Republic and Villahermosa
v CID, in order to elect Philippine citizenship, at least for
election purposes, it is enough that (1) the person's mother
was a Filipino at the time of her marriage to the alien father,
even if she subsequently lose her citizenship by virtue of the
marriage and (2) the person be a child of that marriage, for
him to elect Philippine citizenship.
If C wants to run for Congress, is he considered a natural born
Filipino? Under the 1973 Constitution, no. But under the
1987 Constitution, yes.
Note that if he were born after 17 January 1973, the child would not
even be a Filipino.
Who are qualified to be naturalized
Qualifications (Sec. 2, CA 473)
A. Age
1) He must not be less than 21 years old at the date of
hearing.
Barlongay Case: When the law uses the phase "age of
majority," use 18 years old, but not when it uses the phrase
"not less than 21 years old.
B. Residence
2) He must have resided in the Philippines for a continuous
period of not less than ten years.
C. Character
3.) He must be of good moral character and believes in the
principles underlying the Philippine Constitution, and must
have conducted himself in an irreproachable conduct during
the entire period of his residence in the Philippines in his
relation with the constituted government as well as with the
community in which he is living.
D. Property
Constitutional Law 1
Source: Book of Cruz
4.) He must own real estate in the Philippines worth not
less than P5,000 or must have some known lucrative
trade, profession or lawful occupation.
(Test: Can he support himself and his family?)
E. Education
5.) Must be able to speak and write (not read and write)
Filipino or English, and a principal dialect (as pro tanto
modified by the 1987 Constitution, since the law itself
spoke of English or Spanish, and a principal dialect).
Thus, a deaf and mute is disqualified, Orestoff v
Republic.
When is the ten-year residence requirement reduced to five (5)
years?
Com. Act No. 473, sec. 3.
Sec. 3. Special qualifications. The Ten years of continuous
residence required under the second condition of the last preceding section
shall be understood as reduced to five years for any petitioner having any
of the following qualifications:
(1) Having honorably held office under the Government of the
Philippines or under that of any of the provinces, cities, municipalities, or
political subdivisions. (which was allowed before by the 1935 Constitution,
no distinction whether appointive or elective posts.)
(2) Having established a new industry or introduced a useful
invention in the Philippines. .
(3) Being married to a Filipino woman
▪ If it were an alien woman who married a Filipino man,
she would only need:
1. an administrative proceeding for the cancellation of
her Alien Certificate of Registration,
2. upon proof of marriage and
3. according to the holding in Moy Yam Lim, proof of
non-disqualification.
- These are the only requirements because ipso facto, she
became a Filipino herself by marriage.
(4) Having been engaged as a teacher in the Philippines in a
public or recognized private school not established for the exclusive
instruction of children of persons of a particular nationality or race, in any
of the branches of education or industry for a period of not less than two
years.
(5) Having been born in the Philippines.
Who are disqualified to be naturalized?
CA 473, Sec. 4
▪ The applicant must not only possess the qualifications,
he must not have any of the disqualifications set by law.
Section 4. Who are disqualified. The following cannot be
naturalized as Philippine citizens:
(a) Persons opposed to organized government or affiliated with
any association or group of persons who uphold and teach doctrines
opposing all organized governments;
(b) Persons defending or teaching the necessity or propriety of
violence, personal assault, or assassination for the success and
predominance of their ideas;
(c) Polygamists, or believers in the practice of polygamy;
(d) Persons convicted of a crime involving moral turpitude.
▪ Moral turpitude involves dishonesty, depravity. A
propensity to break the law, even just traffic laws, constitute moral
depravity. While murder being a crime of passion does not involve
moral turpitude, theft and estafa do.
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(e) Persons suffering from mental alienation or incurable contagious
disease;
(f) Persons who, during the period of their residence in the
Philippines, have not mingled socially with Filipinos, or who have not evinced a
sincere desire to learn and embrace the customs, traditions, and ideals of the
Filipinos;
(g) Citizens or subjects of nations with whom the Philippines is at
war, during the period of such war;
(h) Citizens or subjects of a foreign country whose laws do not grant
Filipinos the right to become naturalized citizens or subjects thereof.
Declaration of Intention
Com. Act No. 473, sec. 5.
Sec. 5. Declaration of intention.-- One year prior to the filing of his
petition for admission to Philippine citizenship, the applicant for Philippine
citizenship shall file with the Office of the Solicitor-General, a declaration under
oath that it is bona fide his intention to become a citizen of the Philippines.
Such declaration shall set forth the name, age, occupation, personal
description, place of birth, last foreign residence and allegiance, the date of
arrival, the name of the vessel or aircraft, if any, in which he came to the
Philippines, and the place of residence in the Philippines at the time of making
the declaration.
No declaration shall be valid until lawful entry for permanent
residence has been established and a certificate showing the date, place, and
manner of his arrival has been issued.
The declarant must also state that he has enrolled his minor children,
if any, in any of the public schools or private schools recognized by the Bureau
of Private Schools of the Philippines, where Philippine history, government and
civics are taught or prescribed as part of the school curriculum, during the entire
period of the residence in the Philippines required of him prior to the hearing of
his petition for naturalization as Philippine citizen.
Each declarant must furnish two photographs for himself.
Section 6. Persons exempt from requirement to make a declaration
of intention.-- Persons born in the Philippines and have received their primary
and secondary education in public schools or those recognized by the
Government and not limited to any race or nationality, and those who have
resided continuously in the Philippines for a period of thirty years or more before
filing their application, may be naturalized without having to make a declaration
of intention upon complying with the other requirements of this Act.
To such requirements shall be added that which establishes that the
applicant has given primary and secondary education to all his children in the
public schools or in private schools recognized by the Government and not
limited to any race or nationality.
The same shall be understood applicable with respect to the widow
and minor children of an alien who has declared his intention to become a citizen
of the Philippines, and dies before he is actually naturalized.
▪ If one who is not exempted, fails to file, or files an invalid
declaration of intention, he can be denaturalized anytime through
denaturalization proceedings.
Procedure
Com. Act. No. 473, Secs. 7-12
Section 7. Petition for citizenship.-- Any person desiring to acquire
Philippine citizenship shall file with the competent court, a petition in triplicate
accompanied by two photographs of the petitioner setting forth his:
1. name and surname;
2. his present and former places of residence;
3. his occupation;
4. the place and date of his birth;
5. whether single or married and the father of children, the name, age,
birthplace and residence of the wife and of each of the children;
7. the approximate date of his or her arrival in the Philippines, the
name of the port of debarkation, and, if he remembers it, the name of the ship on
which he came;
8. a declaration that he has the qualifications required by this Act,
specifying the same, and that he is not disqualified for naturalization under the
provisions of this Act;
9. that he has complied with the requirements of section five of this
Act; and
Constitutional Law 1
Source: Book of Cruz
10. that he will reside continuously in the Philippines from the
date of the filing of the petition up to the time of his admission to
Philippine citizenship.
The petition must be signed by the applicant in his own
handwriting and be supported by the affidavit of at least two credible
persons, stating that they are citizens of the Philippines and personally
know the petitioner to be a resident of the Philippines for the period of time
required by this Act and a person of good repute and morally
irreproachable, and that said petitioner has in their opinion all the
qualifications necessary to become citizen of the Philippines and is not in
any way disqualified under the provisions of this Act.
The petition shall also set forth the names and post-office
addresses of such witnesses as the petitioner may desire to introduce at the
hearing of the case.
The certificate of arrival, and the declaration of intention must
be made part of the petition.
Section. 8. Competent court.-- The Court of First Instance of
the province in which the petitioner has resided at least one year
immediately preceding the filing of the petition shall have exclusive
original jurisdiction to hear the petition.
Section 9. Notification and appearance.-- Immediately upon
the filing of a petition, it shall be the duty of the clerk of the court to
publish the same at petitioner's expense, once a week for three consecutive
weeks, in the Official Gazette, and in one of the newspapers of general
circulation in the province where the petitioner resides, and to have copies
of said petition and a general notice of the hearing posted in a public and
conspicuous place in his office or in the building where said office is
located, setting forth in such notice the name, birthplace and residence of
the petitioner, the date and place of his arrival in the Philippines, the names
of the witnesses whom the petitioner proposes to introduce in support of his
petition, and the date of the hearing of the petition, which hearing shall not
be held within ninety days from the date of the last publication of the
notice.
The clerk shall, as soon as possible, forward copies of the
petition, the sentence, the naturalization certificate, and other pertinent data
to the Office of the President, the Office of the Solicitor-General, the
Provincial Commander of the Philippine National Police of the province
and the municipal judge of the municipality wherein the petitioner resides.
Section. 10. Hearing of the petition.-- No petition shall be
heard within the thirty (30) days preceding any election. The hearing shall
be public, and the Solicitor-General, either himself or through his delegate
or the provincial fiscal concerned, shall appear on behalf of the Republic of
the Philippines at all the proceedings and at the hearing.
If, after the hearing, the court believes, in view of the evidence
taken, that the petitioner has all the qualifications required by, and none of
the disqualifications specified in this Act and has complied with all
requisites herein established, it shall order the proper naturalization
certificate to be issued and the registration of the said naturalization
certificate in the proper civil registry as required in section ten of Act
Numbered Three thousand seven hundred fifty-three.
Section 11. Appeal.-- The final sentence may, at the instance of
either of the parties, be appealed to the Supreme Court.
Section 12. Issuance of the Certificate of Naturalization .-- If,
after the lapse of thirty days from and after the date on which the parties
were notified of the decision of the Court, no appeal has been filed, or if,
upon appeal, the decision of the court has been confirmed by the Supreme
Court, and the said decision has become final, the clerk of the court which
heard the petition shall issue to the petitioner a naturalization certificate
which shall, among other things, state the following:
1. The file number of the petition, the number of the
naturalization certificate, the signature of the person naturalized affixed in
the presence of the clerk of the court,
2. the personal circumstances of the person naturalized, the
dates on which his declaration of intention and petition were filed,
3. the date of the decision granting the petition, and the name of
the judge who rendered the decision.
A photograph of the petitioner with the dry seal affixed thereto
of the court which granted the petition, must be affixed to the certificate.
Before the naturalization certificate is issued, the petitioner
shall, in open court, take the following oath:
"I_________________________________, solemnly swear that
I renounce absolutely and forever all allegiance and fidelity to any foreign
prince, potentate, state or sovereignty and particularly to the
___________________________ of which at this time I am a subject or
citizen; that I will support and defend the Constitution of the Philippines
and that I will obey the laws, legal orders and decrees promulgated by the
duly constituted authorities of the Republic of the Philippines and that I
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impose this obligation upon myself voluntarily without mental reservation or
purpose of evasion.
So help me God."
a. Declaration of intention filed with the OSG one year
before actual application.
b. Filing of petition for naturalization with the RTC of the
province in which the applicant is a resident for at least one year.
c. Hearing, except within 30 days before an election. The
State is represented by the Solicitor General or by the fiscal in his
behalf. Two witnesses to testify on the character of the applicant are
presented.
d. Decision. Appeal of the decision of the RTC may be
made to SC, pursuant to RA 530, amending Sec. 17 of the Judiciary Act
of 1948. (Under BP 129, appeal is to the CA).
e. Decision becomes final but not executory, thirty (30) days
after notice of the decision is received by the parties.
- The notice of the decision must be received by the OSG;
copy furnished to the fiscal is not sufficient to start the
running of the 30-day period.
- A favorable decision becomes executory only after 2 years
from the finality of the decision. It shall become executory
only after the period of 2 years during which the petitioner
shall continue to be under probation, as it were, so the
government can be doubly sure he is entitled to be naturalized
as a citizen of the Philippines. (Republic Act 530, Section 1)
f. Summary hearing after two years, which is really a
continuation of the previous proceedings, to prove that:
i) He did not leave RP during the 2-year period of probation;
ii) He devoted himself to lawful calling;
iii) He was not convicted of any offense of violation of
government rules.
iv) He did not commit an act prejudicial to national interest or
inimical to a government announced policy.
g. Oath before the RTC.
h. Issuance of a Certificate of Naturalization issued by the
Court. (Only a certification is given because the decision two years
before has granted him his citizenship.)
i. Cancellation of ACR before the Commissioner of
Immigration and Deportation.
"Derivative Naturalization" (Sec. 15)
" xxx Any woman who is now or may hereafter be married to
a citizen of the Philippines, and who might herself be lawfully
naturalized, shall be deemed a citizen of the Philippines."
Effect of Naturalization on the Children
I. If the child is of age, no effect.
II. If the child is a minor:
a. If born in RP - automatically becomes a citizen upon the
naturalization of the father.
b. If born abroad
1. If before the naturalization of the father.
a. If residing in RP at the time of naturalization
- automatically becomes a citizen.
b. If not residing in RP at the time of naturalization
- considered citizen only during his minority, unless he
takes permanent residence in RP before reaching
majority age.
Constitutional Law 1
Source: Book of Cruz
- In other words, he continues to be a Filipino after
reaching 18 years old only if he decides to reside
here permanently before reaching that age.
2. If after the naturalization of the father
Considered citizen on the condition that upon
reaching the age of majority, he takes an oath of
allegiance in the Philippine consulate of the place where
he may be. If he fails to register his intent to continue as
Filipino within one (1) year upon reaching 21 years, he
ceases to be a Filipino citizen.
Denaturalization
Com. Act No. 473, Sec. 18
Section 18. Cancellation of naturalization certificate issued.--
Upon motion made in the proper proceedings by the Solicitor General or
his representative, or by the proper provincial fiscal, the competent judge
may cancel the naturalization certificate issued and its registration in the
Civil Registry:
(a) If it is shown that said naturalization certificate was
obtained fraudulently or illegally;
(b) If the person naturalized shall, within the five years next
following the issuance of said naturalization certificate, return to his native
country or to some foreign country and establish his permanent residence
there: Provided, that the fact of the person naturalized remaining for more
than one year in his native country or the country of his former nationality,
or two years in any other foreign country, shall be considered as prima
facie evidence of his intention of taking up permanent residence in the
same;
(c) If the petition was made on an invalid declaration of
intention;
(d) If it is shown that the minor children of the person
naturalized failed to graduate from a public or private high schools
recognized by the Bureau of Private Schools of the Philippines, where
Philippine history, government and civics are taught as part of the school
curriculum through the fault of their parents either by neglecting to support
them or by transferring them to another school or schools. A certified copy
of the decree cancelling the naturalization certificate shall be forwarded by
the clerk of the Court to the Office of the President and the Solicitor-
General;
Not when they dropped out because of scholastic performance
(e) If it is shown that the naturalized citizen has allowed
himself to be used as a dummy in violation of the Constitutional or legal
provision requiring Philippine citizenship, as a requisite for the exercise,
use or enjoyment of a right, franchise or privilege.
Procedure:
Filed by the Solicitor General before the same RTC that
granted his naturalization, regardless of where he may be residing
at that time.
Republic vs. Li Yao (214 SCRA 748)
F: Fifteen (15) years after Li Yao was conferred with
Filipino citizenship by naturalization, the Republic
sought the cancellation thereof on the grounds of: 1) not
being of good moral character by having amorous
relations with women; 2) not having conducted himself
in an irreproachable manner in dealing with the duly
constituted authorities by using names other than that
authorized, by resorting to tax evasion and violating the
Anti-Dummy Law. The trial court relying solely on the
ground of evasion of the payment of lawful taxes by
underdeclaration of income as reflected in his income tax
return for 1946-51, cancelled his naturalization. Hence
this appeal.
ISSUE: W/n the cancellation of Li Yao's naturalization
was valid.
HELD: Yes. A certificate of naturalization may be
cancelled if it is subsequently discovered that the
applicant obtained it by misleading the court upon any
material fact. Law and jurisprudence even authorize the
cancellation of a certificate of naturalization upon
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grounds or conditions which arise subsequent to the granting
of the certificate of naturalization. Moreover, a naturalization
proceeding is not a judicial adversary proceeding, the
decision rendered therein not constituting res judicata as to
any matter that would support a judgement cancelling a
certificate of naturalization on the ground of illegal or
fraudulent procurement thereof.
The concealment of applicant's income to evade payment of
lawful taxes shows that his moral character is not irreproacha-
ble, thus disqualifying him for naturalization.
A tax amnesty only relieves him from any civil, criminal or
administrative liability insofar as his tax case is concerned. It
does not have the effect of obliterating his lack of good moral
character and irreproachable conduct which are grounds for
denaturalization. MRM.
Loss and Reacquisition of Citizenship
Article IV, Sec. 3. Philippine citizenship may be lost or reac-
quired in the manner provided by law. (referring to CA 63.)
Article IV, Sec. 4. Citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their act or omission they
are deemed, under the law (CA 63) to have renounced it.
Commmonwealth Act 63
Section 1. How citizenship may be lost.-- A Filipino citizen may
lose his citizenship in any of the following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship or expatriation;
(3) By subscribing to an oath of allegiance to support the
Constitution or laws of a foreign country upon reaching the age of majority;
Provided, however, That a Filipino may not divest himself of Philippine
citizenship in any manner while the Philippines is at war with any country;
(4) By rendering service to or accepting commission in the armed
forces of a foreign country: Provided, That the rendering of service to, or the
acceptance of such commission in, the armed forces of a foreign country, and the
taking of an oath of allegiance incident thereto, with the consent of the
Philippines, shall not divest a Filipino of his Philippine citizenship if either of
the ff. circumstances is present:
(a) The Philippines has a defensive and/or offensive pact of alliance
with the said foreign country; or
(b) The said foreign country maintains armed forces in the Philippine
territory with the consent of the Philippines; Provided that the Filipino citizen
concerned, at the time of rendering said service or acceptance of said
commission, and taking the oath of allegiance incident thereto, states that he
does so only in connection with his service to said foreign country:
And provided finally, That any Filipino citizen who is rendering
service to, or is commissioned in, the armed forces of a foreign country under
any of the circumstances mentioned in paragraph (a) or (b) shall not be permitted
to participate nor vote in any election of the Philippines during the period of his
service to, or commission in, the armed forces of said foreign country. Upon his
discharge from the service of the said foreign country, he shall be automatically
entitled to the full enjoyment of his civil and political rights as a Filipino citizen;
(5) By cancellation of the certificate of naturalization;
(6) By having been declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless subsequently, a plenary pardon or
amnesty has been granted;
(7) In case of a woman, upon her marriage, to a foreigner if, by virtue
of the laws in force in her husband’s country, she acquires his nationality. [This
is now qualified by Art. IV, Sec. 4. Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.]
The provisions of this section notwithstanding, the acquisition of
citizenship by a natural born Filipino citizen from one of the Iberian and any
friendly democratic Ibero-American countries or from the United Kingdom shall
not produce loss or forfeiture of his Philippine citizenship if the law of that
country grants the same privilege to its citizens and such had been agreed upon
by treaty between the Philippines and the foreign country from which citizenship
is acquired.
a. Loss of Citizenship
Constitutional Law 1
Source: Book of Cruz
Grounds:
(1) Naturalization in a foreign country [CA 63, Sec.
1(1)]
Frivaldo v COMELEC (174 SCRA 245) (1989)
F: Frivaldo was elected as governor of Sorsogon. The
League of Municipalities filed a petition for the
annulment of Frivaldo's election and proclamation on the
ground that he was not a Filipino citizen, having been
naturalized in the US in 1983. He admitted such but
raised as a defense that he did so to protect himself from
Marcos and that his naturalization as an American citizen
was not impressed with voluntariness but was obtained
only for reasons of convenience. The League argued that
since Frivaldo was a naturalized American citizen and
had not reacquired Philippine citizenship on the day of
the election, he was not qualified to run for governor.
Frivaldo countered that his oath in his certificate of
candidacy that he was a natural born citizen should be a
sufficient act of repatriation. Additionally, his active
participation in the 1987 elections had divested him of
his US citizenship under the laws of the US.
HELD: Frivaldo claims he has reacquired Philippine
citizenship by virtue of a valid repatriation. He claims
that by actively participating in the elections, he
automatically forfeited American citizenship under US
laws. Such laws do not concern us. Such forfeiture is
between him and the US as his adopted country. It
should be obvious that even if he did lose his naturalized
American citizenship, such forfeiture did not and could
not have the effect of automatically restoring his
citizenship in the Philippines that he had earlier
renounced. At best, what might have happened as a
result of the loss of his naturalized citizenship was that
he became a stateless individual.
Mere filing of certificate of candidacy is not a sufficient
act of repatriation. Repatriation requires an express and
equivocal act. Frivaldo's claim that he could not have
repatriated himself under LOI 270 because the Special
Committee provided for therein had not yet been
constituted seems to suggest that the lack of that body
rendered his repatriation unnecessary. That is far-
fetched if not specious. Such a conclusion would open
the floodgates, as it were. It would allow all Filipinos
who have renounced this country to claim back their
abandoned citizenship w/o formally rejecting their
adopted state and reaffirming their allegiance to the
Philippines. It does not appear that Frivaldo has taken
these categorical acts. He contends that by simply filing
his certificate of candidacy he had, w/o more, already
effectively recovered Phil. citizenship. But that is hardly
the formal declaration the law envisions--surely, Phil.
citizenship previously disowned is not that cheaply
recovered. If the Special Committee had not yet been
convened, what it meant simply was that the petitioner
had to wait until this was done, or seek naturalization by
legislative or judicial proceedings.
Labo vs COMELEC (176 SCRA 1)
F: Ramon Labo, Jr. married an Australian citizen in the
Phils. He was granted Australian citizenship . He took
an oath of allegiance renouncing all other allegiance, etc.
Though the marriage was declared void for being
bigamous, Labo was, according to the records still an
Australian citizen. In the 1988 local elections, Labo ran
for mayor of Baguio. His Filipino citizenship was
questioned on the ground that he had acquired Australian
citizenship through his marriage to an Australian citizen
and his taking an oath of allegiance to Australia where he
renounced all other allegiance to other countries. Labo
claimed that (1) his marriage did not automatically divest
him of his Filipino citizenship and that (2) his
naturalization in Australia made him at worst only a dual
national and did not divest him of his Philippine
citizenship.
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HELD: Labo's first contention is irrelevant. He became an
Australian citizen by virtue of naturalization and not by
marriage.
The second argument is specious w/c cannot stand against the
clear provisions of CA No. 63, w/c enumerates the modes by
w/c Phil. citizenship may be lost, and among them are (1)
naturalization in a foreign country; (2) express renunciation
of citizenship; and (3) subscribing to an oath of allegiance to
support the Constitution. or laws of a foreign country, all of
w/c are applicable to petitioner. Under Article IV, Section 5,
"dual allegiance of citizen is inimical to the national interest
and shall be dealt with by law."
Even if it be assumed that, as petitioner asserts, his
naturalization was annulled after it was found that his
marriage was bigamous, that circumstance alone did not
automatically restore his Phil. citizenship. His divestiture of
Australian citizenship does not concern us here. That is a
matter between him and his adopted country. What we must
consider is the fact that he voluntarily and freely rejected Phil.
citizenship and willingly and knowingly embraced the
citizenship of another country. The possibility that he may
have been subsequently rejected by Australia does not mean
that he has been automatically reinstated as a Phil. citizen
Phil. citizenship may be reacquired by direct act of congress,
by naturalization or by repatriation. It does not appear that
petitioner has reacquired Phil. citizenship by any of these
methods.
(2) Express renunciation or Expatriation [CA 63, Sec 1(2)]
▪ This overrules Haw v Government, where the SC held that
renunciation could be implied.
Go Gullian v. Government
- Expatriation is a constitutional right. No one can be
compelled to remain a Filipino if he does not want to.
Yu v Defensor-Santiago (169 SCRA 364)
F: Yu was issued a Portuguese passport in 1971, valid for five
years and renewed for the same period upon presentment
before the proper Portuguese consular officer. Despite his
naturalization as a Philippine citizen in 1978, he applied for
and was issued a Portuguese passport in 1981. While still a
citizen of the Philippines who had renounced, upon his
naturalization, "absolutely and forever all allegiance and
fidelity to any foreign prince, potentate, state or sovereignty"
and pledged to "maintain true faith and allegiance to the
Philippines," he declared his nationality as Portuguese in
commercial documents he signed.
HELD: The foregoing acts considered together constitute an
express renunciation of petitioner's Philippine citizenship
acquired through naturalization.
In Board of Immigration Commissioner vs Go Gallano,
express renunciation was held to mean a renunciation that is
made known distinctly and explicitly and not left to inference
or implication. Yu, with full knowledge and legal capacity,
after having renounced Portuguese citizenship upon
naturalization as a Philippine citizen resumed or reacquired
his prior status as a Portuguese citizen, applied for a renewal
of his Portuguese passport and represented himself as such in
official documents even after he had become a naturalized
Philippine citizen. Such resumption or reacquisition of
Portuguese citizenship is grossly inconsistent with his
maintenance of Philippine citizenship.
Dissenting: The mere use of a foreign passport is not ipso facto
express renunciation of Filipino citizenship. Whatever may be the
reasons for doing so, it must be ascertained in a court of law where a
full trial is conducted instead of an administrative determination of a
most summary nature (as in this case).
Aznar v Osmena, COMELEC, 185 SCRA 703 (May 1990)
F:Emelito Osmena ran for Governor of Cebu in the Jan. 18,
1988 elections. Aznar as Cebu Chairman of LDP-Laban filed
Constitutional Law 1
Source: Book of Cruz
with COMELEC a petition for the disqualification of
Osmena on the ground that he is allegedly not a Filipino
citizen, being a US citizen, as evidenced by Osmena's
application for alien, his alien certificate of registration,
permit to re-enter the Philippines, immigration
certificate of clearance etc. Osmena on the other hand
maintained that he is a Filipino citizen, alleging that he is
the legitimate child of Dr. Emilio Osmena, that he is a
holder of a valid Phil passport, that he has been
continuously residing in the Philippines since birth & has
not gone out of the country for more than 6 months and
that he has been a registered voter in the Philippines
since 1965. The Comelec decided for Osmena.
HELD: 1. In the proceedings before the COMELEC,
the pet failed to present direct proof that private
respondent had lost his Filipino citizenship by any of the
modes provided for under CA #63.
Among others, these are:
(1) by naturalization in a foreign country;
(2) by express renunciation of citizenship;
(3) by subscribing to an oath of allegiance to support the
Constitution or laws of a foreign country.
From the evidence, it is clear that private respondent
Osmena did not lose his Phil citizenship by any of the 3
mentioned hereinabove or by any other mode of losing
Phil citizenship.
2. By virtue of his being the son of a Filipino father, the
presumption that private respondent is a Filipino
remains. It was incumbent upon the petitioner to prove
that private respondent had lost his Phil citizenship. Pet
Aznar failed to positively establish this fact. Osmena
remains a Filipino & the loss of his Phil citizenship
cannot be presumed.
3. Considering the fact that admittedly Osmena was both
a Filipino & an American, the mere fact that he has a
Certificate stating he is an American does not mean that
he is not still a Filipino. In the case of Osmena, the
Certification that he is an American does not mean that
he is not STILL a Filipino, possessed as he is, of both
nationalities or citizenship. There is no express
renunciation here of Phil citizenship. There is even no
implied renunciation of said citizenship. When we
consider that the renunciation needed to lose Phil
citizenship must be EXPRESS, it stands to reason that
there can be no such loss of Phil citizenship WHEN
THERE IS NO RENUNCIATION, EITHER EXPRESS
OR IMPLIED.
4. The statement in the 1987 constitution that "dual alle-
giance of citizens is inimical to the national interest &
shall be dealt with by law" has no retroactive effect.
(3) Taking an oath of allegiance to another country
upon reaching the age of majority.
(4) Accepting a commission and serving in the armed
forces of another country, unless there is an offensive or
defensive pact with the country, or maintains armed forces in RP
with RP's consent.
(5) Denaturalization.
(6) Being found by final judgment to be a deserter of
the AFP.
(7) Marriage by a Filipino woman to an alien, if by
the laws of her husband's country, she becomes a citizen thereof.
▪ This is deemed repealed by the 1973 and 1987
Constitutions, which mandate that Filipino citizens who marry
aliens shall retain their citizenship, unless by their "act" or
"omission", they are deemed under the law to have renounced it.
At present, the law (CA 63, Sec. 1 par. 7) only provides
for express renunciation (i.e., act), and so there is no law at the
moment on "renunciation by omission." But Congress may
provide for such later.
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▪ But Sec. 2 of the 1973 Constitution. (Carried over as Sec. 4
of the 1987 Constitution.) only has a prospective application. Thus, CA
63 continues for marriages celebrated before 17 January 1973.
If a Filipino married a Greek in 1972 and became a Greek
citizen herself thereby, then she lost her Filipino citizenship.
As to her children, however, it is enough that she was a
Filipina at the time of marriage to qualify them to elect Philippine
citizenship when they reached the age of majority (Villahermosa
ruling). But if the children were born after 1973, then under the 1987
Constitution, those children are now even natural-born.
▪ But if, in 1961, a Filipino woman married an alien whose
country did not make her an automatic citizen, and so in order to
acquire his citizenship, she applied for naturalization, and after her
naturalization she begot C, C could no longer elect Philippine
citizenship.
The ruling in Cu and Villahermosa applies only to mothers
who lost their citizenship by operation of law and not by their own
voluntary acts.
If C was born after the application but before the approval of
the naturalization of his mother, he could still elect Philippine citi-
zenship.
▪ But for similar marriages celebrated after 17 January 1973,
the mere fact of marriage alone does not strip the Filipino woman of her
Philippine citizenship.
Thus, if a Filipina marries an alien in 1974, even if she gains
her husband's citizenship, lives abroad, does not pay her taxes, never
returns to RP, she is still a Filipina under the 1973 and 1987
Constitutions, so long as she does not categorically renounce her
citizenship.
It follows that her children are natural-born citizens, being the
children of Filipino mothers, and this time without the need of election.
Expatriation
Go Gullian v. Government
- Expatriation is a constitutional right. No one can be
compelled to remain a Filipino if he does not want to.
Exception:
Com. Act. No. 63, Sec. 1(3).
[A] Filipino may not divest himself of Philippine citizenship
in any manner while the Republic of the Philippines is at war
with any country.
People vs. Manayao, 74 Phil. 721 (1947)
F: Manayao was one of the Makapilis who took part in the
killing of the residents in barrio Banaban, municipality of
Angat, Bulacan. After the liberation, he, among others, was
charged w/ treason and w/ multiple murder in the People's
court. In his defense, he argues, among others, he has lost his
Philippine citizenship and was therefore not amenable to the
Phil. law on treason.
HELD: Appellant's contention is repugnant to the most
fundamental and elementary principles governing the duties
of a citizen toward his country under the Constitution. The
defense of the State is a prime duty of government and in the
fulfillment of this duty all citizens may be required by law to
render personal, military or civil service. During a period of
stress, under a Constitution enshrining such tenets, the citizen
cannot be considered free to cast off his loyalty and
obligations toward his Fatherland.
It would shock the conscience of any enlightened citizenry to
say that this appellant, by the very fact of committing the
treasonous acts charged against him, divested himself of his
Phil. citizenship and thereby placed himself beyond the arm
of our treason law. For if this were so, his very crime would
be the shield that would protect him from punishment.
Art. XI, Sec. 18. Public officers and employees owe the State
and this Constitution allegiance at all times, and any public
officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during
his tenure shall be dealt with by law.
Constitutional Law 1
Source: Book of Cruz
BARLONGAY CASE:
Caasi vs. Court of Appeals (191 SCRA 229)
F: These 2 cases were consolidated because they have
the same objective: the disqualification under Sec. 68 of
the Omnibus Election Code of the private resp., Merito
Miguel, for the position of municipal mayor of Bolinao,
Pangasinan, to w/c he was elected in the local elections
of 1/18/88, on the ground that he is a green card holder,
hence, a permanent resident of the US, not of Bolinao.
HELD: Despite his vigorous disclaimer, Miguel's
immigration to the US in 1984 constituted an
abandonment of his domicile and residence in the
Philippines. For he did not go to the US merely to visit
his children or his doctor there; he entered the US w/ the
intention to live there permanently as evidenced by his
application for an immigrant's (not a visitor's or tourist's)
visa. Based on his application, he was issued by the US
Govt the requisite green card or authority to reside there
permanently.
To be "qualified to run for elective office" in the
Philippines., the law (Sec. 68 of the Omnibus Election
Code) requires that the candidate who is a green card
holder must have "waived his status as a permanent
resident or immigrant of a foreign country." Therefore,
his act of filing a certificate of candidacy for elective
office in the Philippines, did not of itself constitute a
waiver of his status as a permanent resident or immigrant
of the US. The waiver of his green card should be
manifested by some act of acts independent of and done
prior to filing his candidacy for elective office in this
country. Without such prior waiver, he was "disqualified
to run for any elective office."
Residence in the municipality where he intends to run for
elective office for at least 1 year at the time of the filing
of his cert. of candidacy, is one of the qualifications that
a candidate for elective public office must possess.
Miguel did no possess that qualification because he was
a permanent resident of the US and he resided in Bolinao
for a period of only 3 mos. after his return to the Phils. in
Nov. 1987.
b. Reacquisition of Citizenship
Secs. 2- 5, Commonwealth Act 63
Sec. 2. How citizenship may be reacquired.-- Citizenship may
be reacquired:
(1) By naturalization: Provided, That the applicant possess
none of the disqualifications prescribed in section two of Act Numbered
Twenty-nine hundred twenty-seven (now Sec. 4 of CA 473.)
(2) By repatriation of deserters of the Army, Navy or Air Corp:
Provided, That a woman who lost her citizenship by reason of her marriage
to an alien may be repatriated in accordance with the provisions of this Act
after the termination of the marital status; and
(3) By direct act of the National Assembly (now Congress.)
Sec. 3. Procedure incident to reacquisition of Philippine
citizenship.-- The procedure prescribed for naturalization under Act
Numbered Twenty-nine hundred twenty-seven (now CA 473) shall apply to
the reacquisition of Philippine citizenship by naturalization provided for in
the next preceding section: Provided, That the qualifications and special
qualifications prescribed in sections 3 and 4 of said Act shall not be
required: And Provided, further,
(1) That the applicant be at least twenty-one years of age and
shall have resided in the Philippines at least six months before he applies
for naturalization;
(2) That he shall have conducted himself in a proper and
irreproachable manner during the entire period of his residence in the
Philippines, in his relations with the constituted government as well as with
the community in which he is living; and
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(3) That he subscribes to an oath declaring his intention to renounce
absolutely and perpetually all faith and allegiance to the foreign authority, state
or sovereignty of which he was a citizen or subject.
Sec. 4. Repatriation shall be effected by merely taking the necessary
oath of allegiance to the Republic of the Philippines and registration in the
proper civil registry.
Sec. 5. The Secretary of Justice shall issue the necessary regulations
for the proper enforcement of this Act. Naturalization blanks and other blanks
required for carrying out the provisions of this Act shall be prepared and
furnished by the Solicitor General, subject to approval of the Secretary of
Justice.
(1) Naturalization (CA 63 and CA 473)
But this is now an abbreviated process, with no need to wait
for three years (one year for declaration of intent, and two years for the
judgment to become executory).
An applicant must only possess the following:
a. 21 years of age;
b. Resident for 6 months;
c. Good moral character;
d. No disqualification.
(2) Repatriation
(i) Woman who by her marriage lost her citizenship.
(This is no longer true under the 1973 and 1987 Constitutions, if the loss was
due only to marriage.)
People v. Avengoza, 119 SCRA 119 (1982)
F: Go Cham, a Chinese, his wife Anselma Avengoza, and the
latter's mother, Gavina A., were accused of violation of CA
108. It was charged that Go Gam and Anselma A. used
Gavina A. as dummy in order to acquire lands in Camarines
Sur w/c the couple were not qualified to acquire under the
1935 Consti. Pending trial, Gavina A. and Go Cham died.
On her motion the trial court allowed Anselma A. to
withdraw her previous plea of not guilty and to file a motion
to quash w/c the court later granted. The trial court ruled that
Anselma had reacquired her Filipino citizenship upon the
death of her husband, Go Cham, and upon complying w/ CA
63, sec. 4 by taking an oath of allegiance to the Republic and
filing the oath w/ the Civil Registrar. The prosecution
appealed.
HELD: Def. Avengoza's sole evidence on record to support
her repatriation is her oath of allegiance to the Republic. Def.
Avengoza became an alien by reason of her lawful marriage
to a Chinese citizen; however this does not necessarily mean
that she was a Filipino citizen previous to such marriage.
Thus, she should first prove her citizenship previous to her
marriage and as there is no conclusive proof of this matter on
record, this question must be judicially determined before she
can be legally repatriated.
Jao v. Republic, 121 SCRA 358 (1983)
F: Petitioner filed in the CFI-Davao a petition for repatriation.
She claimed that while her father was a Chinese and her
mother a Filipino, her parents were not legally married, and
that although she lost her Phil. citizenship when she married a
Chinese national, her husband died on 9/6/62. After trial, the
court declared the petitioner judicially repatriated. The govt
appealed.
HELD: Although her citizenship prior to her marriage to a
Chinese husband needed judicial confirmation, the process of
repatriation itself (i.e., of reacquiring that citizenship)
involves a purely administrative proceeding.
Thus: Filipino citizenship prior to its loss by virtue of
marriage to an alien and gaining his citizenship needs
judicial declaration. But re- acquisition of such citizenship
by repatriation is a purely administrative procedure.
In the case at bar, the proceedings taken in the trial court are a
complete nullity.
Constitutional Law 1
Source: Book of Cruz
Moreover, the petitioner's claim of Phil. citizenship prior
to her marriage for being allegedly an illegitimate child
of a Chinese father and a Filipino mother may not be
established in an action where the other or her heirs are
not parties. It is consistent rule that Phil. citizenship may
not be declared in a non-adversary suit where the
persons whose rights are affected by such declaration
are not parties, such as an action for declaratory relief or
a petition for judicial repatriation as an alien.
(ii) Those declared by authorities to be deserters of the
Armed Forces. (Only this is applicable to the present.)
(3) Legislative Act
- Which is both a mode of acquiring and reacquiring
citizenship.
BARLONGAY CASE:
Republic vs. Dela Rosa, 232 SCRA 785
F: Three (3) petitions involving the same issues and
parties were consolidated. Said cases questioned the
readmission of Juan Frivaldo as a Filipino citizen under
CA 63 or the Revised Naturalization Law as amended by
CA 473. Frivaldo became a US citizen allegedly due to
the pressure from the Marcos regime. He came back
here, ran for Governor of Sorsogon and won.
HELD: (DISQUALIFIED) Frivaldo must vacate his
office and surrender the same to the Vice-Governor.
• A former citizen who opts to reacquire Phil. citizenship
through naturalization under CA 63 is duty bound to
follow the procedure prescribed by said law, and it is not
for him to decide and select the requirements which he
believes are inconvenient. The law does not distinguish
between an applicant who was formerly a Filipino
citizen and one who was never a citizen.
(Barlongay: This statement is inaccurate because there are
indeed differences.)
• Failure to comply with the publication and posting
requirements under the law rendered null and void the
proceedings conducted, the decision rendered and the
oath of allegiance taken. The TC never acquired
jurisdiction to hear the petition for naturalization of
Frivaldo. Under the law, both the petition for
naturalization and the order setting it for hearing must be
published once a week for three consecutive weeks in the
OG or in a newspaper of general circulation. Moreover,
the publication and the posting must be in its full text for
the Court to acquire jurisdiction.
•The petition for naturalization lacks several allegations
under Secs. 2 and 6 of the law:
(1) that petitioner is of good moral character;
(2) he resided continuously in the Phil. for at least ten
years;
(3) that he is able to speak and write English and any one
of the principal dialects;
(4) he will reside continuously in the Phil. from date of
filing of petition until his admission to Phil citizenship;
(5) that he has filed a declaration of intention or if he is
excused from said filing, the justification therefor. The
absence of such allegations is fatal to the petition.
• A decision in a petition for naturalization becomes
final only after 30 days from promulgation, counted from
the date of receipt by the Sol. Gen. of his copy of the
decision.
Sec. 1 of RA 530 provides that no decision granting
citizenship in naturalization proceedings shall be
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executory until after 2 years from its promulgation in order to
be able to observe if the applicant has:
(1) not left the country;
(2) dedicated himself continuously to lawful calling;
(3) not been convicted of any offense or for violation of
government promulgated rules;
(4) not committed any act prejudicial to the interest of the
country or contrary to government announced policies.
• In the case at bar, the proceedings in the TC were marred by
irregularities. The hearing was set ahead of the scheduled date
upon request of Frivaldo so he could catch up with the last
day for filing his certificate of candidacy, without publication;
the petition was heard within 6 months from last publication;
Frivaldo was allowed to take his oath of allegiance even
before the finality of judgment and without waiting for the 2
year waiting period.
ARTICLE V: SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who are at least eighteen years of age, and
who shall have resided in the Philippines for at least one year, and in the place
wherein they propose to vote, for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the ballot.
This is part of elections.
ARTICLE VI: THE LEGISLATIVE DEPARTMENT
Powers of the Congress may be classified into:
i. legislative and
ii. non-legislative.
The power to make laws includes the power to alter and
repeal them.
The legislative power includes the specific powers of:
1. appropriation
2. taxation and
3. expropriation
The Congress also discharges powers of a non-legislative nature,
among them are:
1. the canvass of the presidential elections
2. the declaration of the existence of a state of war
3. the confirmation of amnesties
4. through the Commission on Appointments, presidential
appointments
5. the amendment or revision of the constitution and\
6. impeachment
Composition:
Senate and House of Representatives
Section 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
Section 2. The Senate shall be composed of twenty-four Senators
who shall be elected at large by the qualified voters of the Philippines, as may be
provided by law.
Qualifications:
Constitutional Law 1
Source: Book of Cruz
Section 3. No person shall be a Senator unless he is a natural-
born citizen of the Philippines and, on the day of the election, is at least
thirty-five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately
preceding the day of the election.
Terms:
Section 4. The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall serve
for more than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the
continuity of his service for the full term of which he was elected.
2 kinds of representative: District and Party-list
Section 5. (1) The House of Representatives shall be composed
of not more than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected
through a party-list system of registered national, regional, and sectoral
parties or organizations.
(2) The party-list representatives shall constitute twenty per
centum of the total number of representatives including those under the
party list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and
such other sectors as may be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population of
at least two hundred fifty thousand, or each province, shall have at least one
representative.
(4) Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based on the
standards provided in this section.
Qualifications:
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines and,
on the day of the election, is at least twenty-five years of age, able to read
and write, and, except the party-list representatives, a registered voter in the
district in which he shall be elected, and a resident thereof for a period of
not less than one year immediately preceding the day of the election.
Section 7. The Members of the House of Representatives shall
be elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following their
election.  required that the quorum be a majority of ALL the members of each
No Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.
Section 8. Unless otherwise provided by law, the regular
election of the Senators and the Members of the House of Representatives
shall be held on the second Monday of May.
Section 9. In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy in the
manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.
Salaries:
Section 10. The salaries of Senators and Members of the
House of Representatives shall be determined by law. No increase
in said compensation shall take effect until after the expiration of
the full term of all the Members of the Senate and the House of
Representatives approving such increase.
Parliamentary Immunities: Privilege from arrest; privilege of
speech and debate
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Section 11. A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.
Conflict of Interest
Section 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full disclosure of their
financial and business interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.
Incompatible and forbidden offices
Section 13. No Senator or Member of the House of Representatives
may hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without forfeiting
his seat.
Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was
elected.
Inhibitions and disqualifications
Section 14. No Senator or Member of the House of Representatives
may personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof, including
any government-owned or controlled corporation, or its subsidiary, during his
term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on
account of his office.
Sessions
Section 15. The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law,
and shall continue to be in session for such number of days as it may determine
until thirty days before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The President may call a special session
at any time.
Officers
Section 16. (1). The Senate shall elect its President and the House of
Representatives, its Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.
▪ Quorum: any number sufficient to transact business. It is
house.
(2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and may compel
the attendance of absent Members in such manner, and under such penalties, as
such House may provide.
Discipline of Members:
(3) Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds of all
its Members, suspend or expel a Member. A penalty of suspension, when
imposed, shall not exceed sixty days.
▪ Journals: are a record of what is done and past in a
legislative assembly.
They are useful not only
1. for authenticating the proceedings but
2. also for the interpretation of laws through a study of the
debates held thereon and
3. for informing the people of the official conduct of their
respective legislators.
Enrolled bill: has been defined as one which has been duly introduced,
finally passed by both houses, signed by the proper officers of each,
Constitutional Law 1
Source: Book of Cruz
approved by the governor (or president) and filed by the secretary
of state.
- The contents of the enrolled bill shall prevail over those
of the journal in case of conflict (Mabanag vs Lopez Vito
78 Phil 1)
(4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on any question
shall, at the request of one-fifth of the Members present, be entered in the
Journal.  Each House shall also keep a Record of its proceedings.
Adjournment
(5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than three days, nor to
any other place than that in which the two Houses shall be sitting.
▪ Electoral Tribunals are sole judges of all contests
relating to the election, returns and qualifications of their
respective MEMBERS. (Lazatin vs HRET G.R. No. 84297,
Dec.8,1988)
Section 17. The Senate and the House of Representatives shall
each have an Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective
Members.
Each Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court to be designated by
the Chief Justice, and the remaining six shall be Members of the Senate or
the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the
parties or organizations registered under the party-list system represented
therein.
The senior Justice in the Electoral Tribunal shall be its
Chairman.
COA
Section 18. There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio Chairman, twelve
Senators, and twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation from the political
parties and parties or organizations registered under the party-list system
represented therein. The chairman of the Commission shall not vote, except
in case of a tie. The Commission shall act on all appointments submitted to
it within thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.
Organization
Section 19. The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after the Senate and
the House of Representatives shall have been organized with the election of
the President and the Speaker.
The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred
upon it.
Section 20. The records and books of accounts of the Congress
shall be preserved and be open to the public in accordance with law, and
such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred
for each Member.
Legislative Inquiries
Section 21. The Senate or the House of Representatives or any
of its respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure.
The rights of persons appearing in, or affected by, such inquiries
shall be respected.
Section 22. The heads of departments may, upon their own
initiative, with the consent of the President, or upon the request of either
House, as the rules of each House shall provide, appear before and be heard
by such House on any matter pertaining to their departments.
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Written questions shall be submitted to the President of the Senate or
the Speaker of the House of Representatives at least three days before their
scheduled appearance.
Interpellations shall not be limited to written questions, but may
cover matters related thereto.
When the security of the State or the public interest so requires and
the President so states in writing, the appearance shall be conducted in executive
session.
War Powers
Section 23. (1) The Congress, by a vote of two-thirds of both Houses
in joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
(2) 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.
Origin of Bills
The procedure in the approval of bills is briefly as follows:
1. A bill is introduced by any member of the House of
Representatives or the Senate except for some measures that
must originate in the former chamber.
2. The first reading involves only a reading of the number and
title of the measure and its referral by the Senate President or
the Speaker to the proper committee for study.
3. The bill may be “killed” in the committee or it may be
recommended for approval, with or without amendments,
sometimes after public hearings are first held thereon. If there
are other bills of the same nature or purpose, they may all be
consolidated into one bill under common authorship or as a
committee bill.
4. Once reported out, the bill shall be calendared for second
reading. It is at this stage that the bill is read in its entirety,
scrutinized, debated upon and amended when desired. The
second reading is the most important stage in the passage of a
bill.
5. The bill as approved on second reading is printed in its final
form and copies thereof are distributed at least three days
before the third reading. On third reading, the members
merely register their votes and explain them if they are
allowed by the rules. No further debate is allowed.
6. Once a bill passes third reading, it is sent to the other
chamber, where it will also undergo the three readings. If also
approved by the second House, it will then be submitted to
the President for his consideration.
7. The bill is enrolled when printed as finally approved by the
Congress, thereafter authenticated with the signatures of the
Senate President or the Speaker and the Secretary, and
approved by the President.
Section 24. All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local application, and
private bills, shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with
amendments.
Appropriation bill is one of the primary and specific purpose of which
is to authorize the release of funds from the public treasury.
Revenue bill is one that levies taxes and raises funds for the
government, while a tariff bill specifies the rates or duties to be
imposed on imported articles.
Bill increasing the public debt is illustrated by one floating bonds for
public subscription redeemable after a certain period.
Bill of local application is one involving purely local or municipal
matters, like a charter of a city.
Constitutional Law 1 Page 21 of 38
Source: Book of Cruz
Section 28. (1) The rule of taxation shall be uniform and equitable. The
Private bills are illustrated by a bill granting honorary citizenship Congress shall evolve a progressive system of taxation.
to a distinguished foreigner.
(2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose,
Section 25. (1) The Congress may not increase the
tariff rates, import and export quotas, tonnage and wharfage dues, and other
appropriations recommended by the President for the operation of the
duties or imposts within the framework of the national development program of
Government as specified in the budget. The form, content, and manner of
the Government.
preparation of the budget shall be prescribed by law.
(3) Charitable institutions, churches and personages or convents
(2) No provision or enactment shall be embraced in the general
appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings,
appropriations bill unless it relates specifically to some particular
and improvements, actually, directly, and exclusively used for religious,
appropriation therein. Any such provision or enactment shall be limited in
charitable, or educational purposes shall be exempt from taxation.
its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress
(4) No law granting any tax exemption shall be passed without the
shall strictly follow the procedure for approving appropriations for other
concurrence of a majority of all the Members of the Congress.
departments and agencies.
Section 29. (1) No money shall be paid out of the Treasury except in
(4) A special appropriations bill shall specify the purpose for
pursuance of an appropriation made by law.
which it is intended, and shall be supported by funds actually available as
certified by the National Treasurer, or to be raised by a corresponding
(2) No public money or property shall be appropriated, applied, paid, or
revenue proposal therein.
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any
(5) No law shall be passed authorizing any transfer of
priest, preacher, minister, other religious teacher, or dignitary as such, except
appropriations; however, the President, the President of the Senate, the
when such priest, preacher, minister, or dignitary is assigned to the armed forces,
Speaker of the House of Representatives, the Chief Justice of the Supreme
or to any penal institution, or government orphanage or leprosarium.
Court, and the heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general appropriations law for their
(3) All money collected on any tax levied for a special purpose shall be
respective offices from savings in other items of their respective
treated as a special fund and paid out for such purpose only.
appropriations.
If the purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds of the
(6) Discretionary funds appropriated for particular officials shall
Government.
be disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law.
Section 30. No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in this Constitution without its advice and
(7) If, by the end of any fiscal year, the Congress shall have
concurrence.
failed to pass the general appropriations bill for the ensuing fiscal year, the
general appropriations law for the preceding fiscal year shall be deemed re-
Section 31. No law granting a title of royalty or nobility shall be enacted.
enacted and shall remain in force and effect until the general appropriations
bill is passed by the Congress.
Referendum and Initiative
Section 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. Referendum is the right reserved to the people to adopt or reject any
act or measure which has been passed by a legislative body and which
(2) No bill passed by either House shall become a law unless it
in most cases would without action on the part of the electors become a
has passed three readings on separate days, and printed copies thereof in its
final form have been distributed to its Members three days before its law. It is also defined as a method of submitting an important legislative
passage, except when the President certifies to the necessity of its measure to a direct vote of the whole people, the submission of a law
immediate enactment to meet a public calamity or emergency. passed by the legislature for their approval or rejection.
Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately thereafter, and the Initiative is defined as the power of the people to propose bills and
yeas and nays entered in the Journal. laws, and to enact or reject them at the polls, independent of the
legislative assembly. It is the right of a group of citizens to introduce a
The provision below provides for three methods by which a bill matter for legislation either to the legislature to the voters.
may become a law, to wit:
Section 32. The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions therefrom, whereby the
1. When the President signs it people can directly propose and enact laws or approve or reject any act or law or
2. When the President vetoes it but the veto is overridden part thereof passed by the Congress or local legislative body after the registration
by two-thirds vote of all the members of each House of a petition therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.
3. When the President does not act upon the measure within
thirty days after it shall have been presented to him.
ARTICLE VII: EXECUTIVE DEPARTMENT
Thus, a bill becomes a law by action or by inaction of the
President. Section 1. The executive power shall be vested in the President of the
Philippines.
Section 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. Powers of the President:
If he approves the same he shall sign it; otherwise, he shall veto it and
return the same with his objections to the House where it originated, which 1. General Supervision
shall enter the objections at large in its Journal and proceed to reconsider it. - over local governments could be exercised by him only as
If, after such reconsideration, two-thirds of all the Members of such
may be provided by law in accordance with the constitutional
House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, limitation (Lacson vs Roque (92Phil 456); Mondano vs
and if approved by two-thirds of all the Members of that House, it shall Silvosa (97Phil143)
become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for or 2. Appointing power
against shall be entered in its Journal.
The President shall communicate his veto of any bill to the House Section 14. Appointments extended by an Acting President shall remain
where it originated within thirty days after the date of receipt thereof, effective, unless revoked by the elected President, within ninety days from his
otherwise, it shall become a law as if he had signed it. assumption or reassumption of office.
(2) The President shall have the power to veto any particular item or Section 15. Two months immediately before the next presidential elections
items in an appropriation, revenue, or tariff bill, but the veto shall not affect and up to the end of his term, a President or Acting President shall not make
the item or items to which he does not object. appointments, except temporary appointments to executive positions when
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Constitutional Law 1
Source: Book of Cruz
continued vacancies therein will prejudice public service or endanger
public safety.
Section 16. The President shall nominate and, wit the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers
of the armed forces from the rank of colonel or naval captain, and other
officers whose appointments are vested in him in this Constitution. He shall
also appoint all other officers of the Government whose appointments are
not otherwise provided for by law, and those whom he may be authorized
by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the Commission
on Appointments or until the next adjournment of the Congress.
▪ On permanent appointments not temporary or
designated appointments, the latter are not subject to the
confirmation by the Commission on Appointments. Such
confirmation, if given erroneously, will not make the incumbent a
permanent appointee.
There are now six categories of officials who are subject to the
appointing power of the President, viz:
a. The heads of the executive departments
b. Ambassadors, other public ministers and consuls
c. Officers of the armed forces from the rank of colonel
or naval captain
d. Those other officers whose appointments are vested in
him by the Constitution
e. All other officers of the government whose
appointments are not provided for by law
f. Those whom he may be authorized by law to appoint.
▪ Thus, the Commissioner of Customs was not held to be
not subject to confirmation, being of the rank of the bureau
director, who was purely deleted from the listing of those whose
appointments had to be approved by the COA (Sarmiento vs
Mison, G.R. No. 79974, Dec. 17, 1987).
Distinction between the regular and ad interim appointments
are the following:
Regular Appointment Ad interim Appointment
made during the legislative session made during the recess;
made only after the nomination is made before such confirmation;
confirmed by the COA
once confirmed by the COA, cease to be valid if disapproved by
continues until the end of the term the COA or upon the next
of the appointee adjournment of the Congress.
▪ The ad interim appointment is intended to prevent to
prevent a HIATUS in the discharge of official duties.
▪ An appointment is deemed complete only upon its
acceptance. Pending such acceptance, which is optional to the
appointee, the appointment may still be validly withdrawn (Lacson
vs Romero 84 Phil 740)
Limitations on the appointing power is in Article VII, Section
14.
3. Removal Power
- From the express power of appointment, the President
derives the implied power of removal. However, not all
appointees may be removed by him (there should be a
cause as may be provided for by law and in accordance
with administrative procedure) since the Constitution
prescribes certain methods for the separation from the
public service of some such officers.
- Thus, when a city charter provides that its vice-mayor
shall be appointed by and hold office at the pleasure of
the President of the Philippines and after one year the
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appointee was required to vacate his office in favour of
another, the said vice-mayor’s term of office expired and
therefore cannot invoke unlawful removal as no
administrative charge was filed against him (Alajar vs Alba
100 Phil 683 and Aparri vs CA, 127 SCRA 231)
4. Control Power
- Control is defined as the power of an officer to alter or
modify or nullify or set aside what a subordinate officer had
done in the performance of his duties and to substitute the
judgment of the former for that of the latter.
Note Alter ego doctrine – the members of the Cabinet are
subject at all times to the disposition of the President and the
acts performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the Chief
Executive, presumptively the acts of the Chief Executive
(Villena vs Sec. of the Interior 67 Phil 451).
Thus, when the Congress granted the Sec of Agriculture the
power to promulgate rules and regulations concerning trawl
fishing and the President exercised this power directly, it is
within his control power (Araneta vs Gatmaitan 101 Phil 328)
The President may go over, confirm, modify or reverse the
actions taken by his department secretaries (Lacson-
Magallanes Co., Onc. Vs Pano 21 SCRA 895; Angangco vs
Castillo 9 SCRA 619) A provincial fiscal cannot add one
accused on his own when only five was directed for him to
file (Noblejas vs Salas 67 SCRA 47; Jacob vs Puno 131
SCRA 144)
5. Power to take care means to take care that the laws be
faithfully executed makes the President a dominant figure in
the administration of the government.
6. Military Power
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 of habeas corpus 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 of habeas corpus.
The suspension of the privilege of the writ of habeas corpus 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 of habeas corpus, any
person thus arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
▪ He is the commander-in-chief of all the armed-forces. The
military power of the President enables him to:
a. command all the armed forces of the Philippines
b. suspend the privilege of the writ of habeas corpus and
c. declare martial law subject to judicial inquiry of its validity
Constitutional Law 1
Source: Book of Cruz
Authorities of the Commander-in-Chief
a. He may call out the armed forces to prevent or
suppress lawless violence, invasion or rebellion ONLY
b. The grounds for the suspension of the privilege of the
writ of habeas corpus and the proclamation of martial
law are now limited only to invasion or rebellion
Page 23 of 38
1. Pardon cannot be granted in cases of impeachment.
2. No pardon can be granted for the violation of any election
law, rule or regulation without the favourable
recommendation of the COMELEC
3. Pardon can be granted only AFTER conviction by final
judgment.
Kinds of pardon:

c. The duration of such suspension or proclamation shall 1. Absolute – is one extended without any strings attached
not exceed sixty days, following which it shall be 2. Conditional – is one under which the convict is required to
automatically lifted comply with certain requirements

d. Within 48 hours after such suspension or
proclamation, the President shall personally or in writing
report his action to the Congress
e. The congress may the, by majority vote of all its
members voting jointly, revoke his action. The
revocation may not be set aside by the President.
3. Plenary – extinguishes all the penalties imposed upon the
offender, including accessory liabilities
4. Partial – does not extinguish all penalties imposed
Effects of Pardon:
- To restore the offender’s liberty, civil and political rights.

f. By the same vote in the same manner, the Congress Pardon Parole
may, upon initiative of the President, extend his Involves only the release of the Restore his liberty
suspension or proclamation for a period to be determined conviction from imprisonment
by the Congress if the invasion or rebellion shall A pardonee is a free man The parolee is still in custody of the
law although no longer under
continue and the public safety requires the extension
confinement
g. The action of the President and the Congress shall be Pardon Parole
subject to review by the Supreme Court which shall have Restores his liberty Involves only the release of the
the authority to determine the SUFFICIENCY of the convict from imprisonment
FACTUAL BASIS of such action. This may be raised by A pardonee is a free man The parolee is still in the
any citizen and it is not a political question. Moreover, custody of the law although no
the Supreme Court must decide the challenge within 30 longer under confinement
days from the time it is filed.
Parole Probation
h. Martial law does not automatically suspend the Executive Judicial
privilege of the writ of habeas corpus. The Civil Courts Presupposes the prior service of may be granted even before service
and the legislative bodies shall remain open. Military part of the setence of sentence.
courts and agencies are not conferred jurisdiction over
civilians where the civil courts are functioning

i. The suspension of the privilege of the writ of habeas Amnesty Pardon

is usually addressed to crimes condones infractions of the peace of
corpus shall apply only to persons facing charges of
against the sovereignty of the State, the State
rebellion or offenses inherent in or directly connected to political offenses, forgiveness
with invasion being deemed more expedient for
the public welfare than prosecution
j. Any person arrested for such offenses must be and punishment
judicially charged therewith within three days. is usually generally addressed to is usually addressed to an individual
Otherwise, he shall be released. classes or even communities or
persons
7. Pardoning Power there may or may not be distinct there must be distinct acts of
acts of acceptance so that if other acceptance
rights are dependent upon it and are
Section 19. Except in cases of impeachment, or as otherwise provided separated there is affirmatie
in this Constitution, the President may grant reprieves, commutations, and evidence of acceptance
pardons, and remit fines and forfeitures, after conviction by final judgment. Requires such concurrence does not require the concurrence of
the Congress
He shall also have the power to grant amnesty with the concurrence a public act of which the courts take a private act of the President which
of a majority of all the Members of the Congress. judicial notice must be pleaded and proved by the
person pardoned because the courts
a. Pardon is an act of grace which exempts the do not take judicial notice of it
individual on whom it is bestowed from the punishment looks backward and abolishes and looks forward and relieves the
which the law inflicts for the crime he has committed. puts into oblivion the offense itself; offender from the consequences of
it so overlooks and obliterates the an offense of which he has been
offense with which he is charged convicted
b. Commutation is a reduction or mitigation of the
that the person released by amnesty
penalty, e.g. when the death sentence is reduced to life stands before the law precisely as
imprisonment. though he had committed no
offense.
c. Reprieve is merely a postponement of a sentence to a
date certain, or stay of execution. It may be ordered to
enable the government to secure additional evidence to
ascertain the guilt of the convict or in the case of ▪ In amnesty, previous admission of guilt is required.
execution of death sentence upon a pregnant woman, to 8. Borrowing Power
prevent the killing of her unborn child (no more death
sentence law) Section 20. The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with the prior concurrence of the
The following are the constitutional limitations on the Monetary Board, and subject to such limitations as may be provided by law.
The Monetary Board shall, within thirty days from the end of every
pardoning power of the President:
quarter of the calendar year, submit to the Congress a complete report of its
decision on applications for loans to be contracted or guaranteed by the

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Constitutional Law 1
Source: Book of Cruz
Government or government-owned and controlled corporations which
would have the effect of increasing the foreign debt, and containing other
matters as may be provided by law.
9. Diplomatic Power
Section 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of
the Senate.
10. Budgetary Power
Section 22. The President shall submit to the Congress, within thirty
days from the opening of every regular session as the basis of the general
appropriations bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.
11. Informing Power
Section 23. The President shall address the Congress at the opening of
its regular session. He may also appear before it at any other time.
Qualifications
This list of qualifications is exclusive and may not be
reduced or increased by the congress. Expressio unius est
exclusion alterius.
Section 2. No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered voter, able to read and
write, at least forty years of age on the day of the election, and a resident of
the Philippines for at least ten years immediately preceding such election.
Section 3. There shall be a Vice-President who shall have the
same qualifications and term of office and be elected with, and in the same
manner, as the President. He may be removed from office in the same
manner as the President.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
Term of Office
Section 4. The President and the Vice-President shall be elected
by direct vote of the people for a term of six years which shall begin at
noon on the thirtieth day of June next following the day of the election and
shall end at noon of the same date, six years thereafter.
The President shall not be eligible for any re-election.
No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same
office at any time.
No Vice-President shall serve for more than two successive
terms.
Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of the service for the
full term for which he was elected.
Unless otherwise provided by law, the regular election for
President and Vice-President shall be held on the second Monday of May.
The returns of every election for President and Vice-President,
duly certified by the board of canvassers of each province or city, shall be
transmitted to the Congress, directed to the President of the Senate.
Upon receipt of the certificates of canvass, the President of the
Senate shall, not later than thirty days after the day of the election, open all
the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elected, but in case two or more shall have an equal and highest
number of votes, one of them shall forthwith be chosen by the vote of a
majority of all the Members of both Houses of the Congress, voting
separately.
The Congress shall promulgate its rules for the canvassing of
the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of
all contests relating to the election, returns, and qualifications of the
President or Vice-President, and may promulgate its rules for the purpose.
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Section 5. Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President shall take the following
oath or affirmation:
"I do solemnly swear [or affirm] that I will faithfully and
conscientiously fulfill my duties as President [or Vice-President or Acting
President] of the Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to the service of the Nation.
So help me God." [In case of affirmation, last sentence will be omitted].
Salary
Section 6. The President shall have an official residence.
The salaries of the President and Vice-President shall be determined
by law and shall not be decreased during their tenure.
No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase was
approved.
They shall not receive during their tenure any other emolument from
the Government or any other source.
Vacancy
Section 7. The President-elect and the Vice President-elect shall
assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as
President until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice President-elect
shall act as President until a President shall have been chosen and qualified.
If at the beginning of the term of the President, the President-elect
shall have died or shall have become permanently disabled, the Vice President-
elect shall become President.
Where no President and Vice-President shall have been chosen or
shall have qualified, or where both shall have died or become permanently
disabled, the President of the Senate or, in case of his inability, the Speaker of
the House of Representatives, shall act as President until a President or a Vice-
President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or a Vice-President shall
have qualified, in case of death, permanent disability, or inability of the officials
mentioned in the next preceding paragraph.
Section 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall become the
President to serve the unexpired term.
In case of death, permanent disability, removal from office, or
resignation of both the President and Vice-President, the President of the Senate
or, in case of his inability, the Speaker of the House of Representatives, shall
then act as President until the President or Vice-President shall have been elected
and qualified.
The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting President. He
shall serve until the President or the Vice-President shall have been elected and
qualified, and be subject to the same restrictions of powers and disqualifications
as the Acting President.
Section 9. Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the President shall nominate
a Vice-President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority vote of
all the Members of both Houses of the Congress, voting separately.
Section 10. The Congress shall, at ten o'clock in the morning of the
third day after the vacancy in the offices of the President and Vice-President
occurs, convene in accordance with its rules without need of a call and within
seven days, enact a law calling for a special election to elect a President and a
Vice-President to be held not earlier than forty-five days nor later than sixty days
from the time of such call. The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article V1 of this Constitution and shall
become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph
4, Section 25, Article V1 of this Constitution. The convening of the Congress
cannot be suspended nor the special election postponed. No special election shall
be called if the vacancy occurs within eighteen months before the date of the
next presidential election.
Section 11. Whenever the President transmits to the President of the
Senate and the Speaker of the House of Representatives his written declaration
that he is unable to discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such powers and duties
shall be discharged by the Vice-President as Acting President.
Constitutional Law 1
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Whenever a majority of all the Members of the Cabinet transmit
to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office, the Vice-President shall
immediately assume the powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the President of the
Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and duties
of his office. Meanwhile, should a majority of all the Members of the
Cabinet transmit within five days to the President of the Senate and to the
Speaker of the House of Representatives, their written declaration that the
President is unable to discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with
its rules and without need of call.
If the Congress, within ten days after receipt of the last written
declaration, or, if not in session, within twelve days after it is required to
assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and duties
of his office, the Vice-President shall act as President; otherwise, the
President shall continue exercising the powers and duties of his office.
Section 12. In case of serious illness of the President, the public
shall be informed of the state of his health. The members of the Cabinet in
charge of national security and foreign relations and the Chief of Staff of
the Armed Forces of the Philippines, shall not be denied access to the
President during such illness.
Disqualification
Section 13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment during
their tenure.
They shall not, during said tenure, directly or indirectly, practice any other
profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their
subsidiaries.
They shall strictly avoid conflict of interest in the conduct of
their office.
▪ The provision below is intended as a guarantee against
nepotism (cf PD 807, Sec. 49)
▪ The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not, during his
tenure, be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices,
including government-owned or controlled corporations and their
subsidiaries.
Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
ARTICLE VIII: JUDICIAL DEPARTMENT
To maintain the independence of the Judiciary, the following
safeguards have been embodied in the Constitution:
1. The SC is a constitutional body. It cannot be abolished nor
may is membership or manner of its meetings be changed by
mere legislation
2. The members of the judiciary are not subject to
confirmation by the COA
3. The members of the SC may not be removed except by
impeachment
4.The SC may not be deprived of its minimum original and
appellate jurisdiction
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5. The appellate jurisdiction of the SC may not be increased by law
without is advice and concurrence
6. The SC now has administrative supervision over all lower courts
and their personnel
7. The SC has exclusive power to discipline judges of the lower
courts
8. The members of the SC and all lower courts have security of
tenure, which cannot be undermined by a law reorganizing the
judiciary
9. They shall not be designated to any agency performing quasi-
judicial or administrative functions
10. The salaries of judges may not be reduced during the
continuance in office
11. The judiciary shall enjoy fiscal autonomy
12. The SC alone may initiate rules of court
13. Only the SC may order the temporary detail of judges
14. The SC can appoint all officials and employees of the
judiciary/
Judicial Power
Section 1. The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
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 the Government.
Jurisdiction
Section 2. The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines
the security of tenure of its Members.
Fiscal Autonomy
Section 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.
Composition of the SC
Section 4. (1) The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices.
It may sit en banc or in its discretion, in division of three, five, or
seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof.
En Banc cases
(2) All cases involving the constitutionality of a treaty, international
or executive agreement, or law, which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules of Court are required to be heard
en banc, including those involving the constitutionality, application, or operation
of presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted
thereon.
Division Cases
(3) Cases or matters heard by a division shall be decided or resolved
with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case without
the concurrence of at least three of such Members.
When the required number is not obtained, the case shall be decided
en banc: Provided, that no doctrine or principle of law laid down by the court in
a decision rendered en banc or in division may be modified or reversed except
by the court sitting en banc.
Requisites of a judicial inquiry
Constitutional Law 1
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1. There must be an actual case or controversy
2. The question of constitutionality must be raised by the
proper party
3. The constitutional question must be raised at the
earliest possible opportunity and
4. The decision of the constitutional question must be
necessary to the determination of the case itself.
Actual case involves a conflict of legal rights, an assertion of
opposite legal claims susceptible of judicial resolution; not moot
and academic.
Proper party is one who has sustained or is in immediate danger of
sustaining an injury as a result of the act complained of.
Earliest Opportunity – the rule is that the constitutional question
must be raised at the earliest possible opportunity, such that if it is
not raised in the pleadings, it cannot be considered at the trial, and
if not considered at the trial, it cannot be considered on appeal.
Exceptions:
1. In criminal cases, the constitutional question can be
raised at any time in the discretion of the court
2. in civil cases, the constitutional question can be raised at
any stage IF it is necessary to the determination of the
case itself
3. In every case, except where there is estoppel the
constitutional question may be raised at any stage IF it
involves the JURISDICTION OF THE COURT.
Effects of Declaration of Unconstitutionality
ORTHODOX VIEW
1. An unconstitutional act is not a law;
2. it confers no rights;
3. it imposes no duties;
4. it affords no protection;
5. it creates no office;
6. it is in legal contemplation inoperative as if it had not
been passed
MODERN VIEW
1. the court in passing upon the question of constitutionality
does not annul or repeal the statute if it finds it in conflict
with the Constitution.
2. It simply refuses to recognize it and
3. determines the rights of the parties just as if such statute
had non-existence.
Partial Constitutionality
Done in order to salvage the valid portions of the law in order
to give effect to the legislative intent. In order to be valid, two
conditions must concur:
1. That the legislature is willing to retain the valid portions
even if the rest of the statute is declared illegal and
2. That the valid portions can stand independently as a
separate statute.
Bar Flunkers Case (In re Cunanan 94 Phil 534) That the law
amending the Rules of Court is constitutional. That the law
retroactively reduced the passing average in the bar examinations
was declared unconstitutional for being an encroachment upon
judicial functions.
Section 5. The Supreme Court shall have the following powers:
Original Jurisdiction
1) Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
Appellate Jurisdiction  (3) The Clerk of the Supreme Court shall be the Secretary ex officio
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(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or question of law is involved.
Temporary assignment of Judges
(3) Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six months without the
consent of the judge concerned.
Change of Venue or Place of Trial
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
Rule-making Power
(5) Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the under-privileged.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.
Limitations on the rule making power of the SC are the following:
a. The rules must be uniform for all courts of the same grade.
b. The rules must not diminish, increase or modify substantive rights.
Appointment of Court Personnel
(6) Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
Quo warranto - is an action for usurpation of office or franchise or
against a corporation for violation of its charter or for misuse, non-use
or forfeiture of its rights and privileges.
▪ “Except as otherwise provided by law” The writ of habeas
corpus shall extend to all cases of illegal confinement or detention by
which any person is deprived of his liberty or by which the rightful
custody of any person is withheld from the person entitled thereto.
Section 6. The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.
Qualifications
Section 7. (1) No person shall be appointed Member of the Supreme
Court or any lower collegiate court unless he is a natural-born citizen of the
Philippines.
A Member of the Supreme Court must be at least forty years of age,
and must have been for fifteen years or more, a judge of a lower court or
engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower
courts, but no person may be appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Judicial and Bar Council
Section 8. (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of the Congress as ex
officio Members, a representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a representative of the private sector.
(2) The regular members of the Council shall be appointed by the
President for a term of four years with the consent of the Commission on
Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three years, the
retired Justice for two years, and the representative of the private sector for one
year.
of the Council and shall keep a record of its proceedings.
Constitutional Law 1
Source: Book of Cruz
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the
appropriations for the Council.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary.
It may exercise such other functions and duties as the Supreme
Court may assign to it.
Appointments
Section 9. The Members of the Supreme Court and judges of the
lower courts shall be appointed by the President from a list of at least three
nominees prepared by the Judicial and Bar Council for every vacancy.
Such appointments need no confirmation.
For the lower courts, the President shall issue the appointments
within ninety days from the submission of the list.
Salaries of Judges
Section 10. The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower courts, shall be fixed
by law. During their continuance in office, their salary shall not be
decreased.
Tenure of Judges
▪ No law shall be passed reorganizing the judiciary when it
undermines the security of tenure of its Members.
Section 11. The Members of the Supreme Court and judges of
lower courts shall hold office during good behavior until they reach the age
of seventy years or become incapacitated to discharge the duties of their
office.
The Supreme Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a vote of a majority of
the Members who actually took part in the deliberations on the issues in the
case and voted thereon.
Section 12. The Members of the Supreme Court and of other
courts established by law shall not be designated to any agency performing
quasi-judicial or administrative functions.
Consultations of the Court
Section 13. The conclusions of the Supreme Court in any case
submitted to it for decision en banc or in division shall be reached in
consultation before the case is assigned to a Member for the writing of the
opinion of the Court.
A certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case and served
upon the parties.
Any Members who took no part, or dissented, or abstained from
a decision or resolution, must state the reason therefor.
The same requirements shall be observed by all lower collegiate
courts.
Decisions of the Court
Section 14. No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law on which it is
based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied without stating
the legal basis therefor.
▪ Section 14 is not applicable:
1. To orders of the court disposing incidental matters
2. To administrative cases
3. To decisions rendered by Administrative agencies
which are not courts of justice.
Periods for Decisions
Section 15. (1) All cases or matters filed after the effectivity of
this Constitution must be decided or resolved within twenty-four months
from date of submission for the Supreme Court, and, unless reduced by the
Supreme Court, twelve months for all lower collegiate courts, and three
months for all other lower courts.
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(2) A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or memorandum required by
the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to
this effect signed by the Chief Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of the case or matter, and served
upon the parties.
The certification shall state why a decision or resolution has not been
rendered or issued within said period.
(4) Despite the expiration of the applicable mandatory period, the
court, without prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter submitted thereto
for determination, without further delay.
Annual Report
Section 16. The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to the President and the
Congress an annual report on the operations and activities of the Judiciary.
ARTICLE IX: CONSTITUTIONAL COMMISSIONS
To ensure the independence of these bodies, the following guarantees
are prescribed in the New Constitution:
1. These bodies are created by the Constitution itself may not be
abolished by statute
2. Each of them is expressly described in the Constitution as
independent
3. Each of them is conferred certain powers and functions which
cannot be withdrawn or reduced by statute
4. The chairmen and members of all of these Commissions may
not be removed from office except by impeachment
5. The chairmen and members of all of these Commissions are
given the fairly long term of seven years
6. The terms of office of the chairmen and members of all these
Commissions are staggered in such a way as to lessen the
opportunity for appointment of the majority of the body by the
same President
The requisites for effective operation of the rotational scheme
as it is also called are as follows:
a. The original members of the Commissions shall begin their
terms on a common date; and
b. Any vacancy occurring before the expiration of the term
shall be filled only for the balance of such term (Republic vs
Imperial 96 Phil 770)
7. The chairmen and members of all of these Commissions may not
be reappointed or appointed in an acting capacity
8. The salaries of the chairmen and members of all of these
Commissions are relatively high and may not be decreased during
their continuance in office
9. The Commissions all enjoy fiscal autonomy
10. Each Commission may promulgate its own rules
11. The chairmen and members of all of these Commissions are
subject to certain disqualifications and inhibitions calculated to
strengthen their integrity
12. ConComs are allowed to appoint their own officials and
employees in accordance with the Civil Service Law.
A. COMMON PROVISIONS
Constitutional Law 1
Source: Book of Cruz
Section 1. The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.
Disqualifications
Section 2. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither shall he
engage in the practice of any profession or in the active management or
control of any business which, in any way, may be affected by the
functions of his office, nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by
the Government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their
subsidiaries.
Salary
Section. 3. The salary of the Chairman and the Commissioners
shall be fixed by law and shall not be decreased during their tenure.
Appointment
Section 4. The Constitutional Commissions shall appoint their
officials and employees in accordance with law.
Fiscal Autonomy
Section 5. The Commission shall enjoy fiscal autonomy. Their
approved annual appropriations shall be automatically and regularly
released.
Rules
Section 6. Each Commission en banc may promulgate its own
rules concerning pleadings and practice before it or before any of its
offices. Such rules, however, shall not diminish, increase, or modify
substantive rights.
Decision
Section 7. Each Commission shall decide by a majority vote of
all its Members, any case or matter brought before it within sixty days from
the date of its submission for decision or resolution.
A case or matter is deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required by the
rules of the Commission or by the Commission itself.
Unless otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
Functions
Section 8. Each Commission shall perform such other functions
as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1. (1) The civil service shall be administered by the
Civil Service Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five years of age, with proven
capacity for public administration, and must not have been candidates for
any elective position in the elections immediately preceding their
appointment.
(2) The Chairman and the Commissioners shall be appointed by
the President with the consent of the Commission on Appointments for a
term of seven years without reappointment.
Of those first appointed, the Chairman shall hold office for
seven years, a Commissioner for five years, and another Commissioner for
three years, without reappointment. Appointment to any vacancy shall be
only for the unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.
Section 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters.
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as practicable, and,
except to positions which are policy-determining, primarily confidential, or
highly technical, by competitive examination.
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(3) No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage, directly
or indirectly, in any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government
employees.
(6) Temporary employees of the Government shall be given such
protection as may be provided by law.
Objectives of the Civil Service
Section 3. The Civil Service Commission, as the central personnel
agency of the Government, shall establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service.
It shall strengthen the merit and rewards system, integrate all human
resources development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability.
It shall submit to the President and the Congress an annual report on
its personnel programs.
Section 4. All public officers and employees shall take an oath or
affirmation to uphold and defend this Constitution.
Section 5. The Congress shall provide for the standardization of
compensation of government officials and employees, including those in
government-owned or controlled corporations with original charters, taking into
account the nature of the responsibilities pertaining to, and the qualifications
required for, their positions.
Section 6. No candidate who has lost in any election shall, within one
year after such election, be appointed to any office in the Government or any
Government-owned or controlled corporations or in any of their subsidiaries.
Section 7. No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or employment in the
Government or any subdivision, agency or instrumentality thereof, including
Government-owned or controlled corporations or their subsidiaries.
Section 8. No elective or appointive public officer or employee shall
receive additional, double, or indirect compensation, unless specifically
authorized by law, nor accept without the consent of the Congress, any present,
emolument, office, or title of any kind from any foreign government.
Pensions or gratuities shall not be considered as additional, double, or
indirect compensation.
Career service is characterized by:
1. entrance based on merit and fitness to be determined as far
as practicable by competitive examinations or based on
highly technical qualifications
- Excepted from the requirement for competitive
examinations are the:
a. policy-determining – is one charged with laying down of
principal or fundamental guidelines or rules, such as that
of a head of a department
b. primary confidential and
c. highly technical positions – requires the appointee
thereto to possess technical skill or training in the
supreme or superior degree. A city engineer is technical
but it is not highly so because he is not required or
supposed to possess a supreme or superior degree of
technical skill (De los Santos vs Mallare 87 Phil 289)
2. opportunity for advancement to higher career positions
3. security of tenure
▪ Under the rules, pending the employee’s administrative
investigation, it is provided that the employee charged shall be subject
to preventive suspension but the same shall be lifted after ninety (90)
days if he is not a presidential appointee UNLESS the delay in the
conduct of the probe is imputable to him.
Civil Service Decree allows summary removal:
Constitutional Law 1
Source: Book of Cruz
1. When the charge is serious and the evidence of guilt is
strong
2. When the respondent is recidivist or has been repeatedly
charged and there is reasonable ground to believe that he
is guilty of the present charge or
3. When he is notoriously undesirable.
The career service includes:
1. open career positions for appointment to which prior
qualification in an appropriate examination is required
2. closed career positions which are scientific or highly
technical in nature; these include the faculty and
academic staff of state colleges and universities, and
scientific and technical positions in scientific or research
institutions which shall establish and maintain their own
merit systems
3. Positions in the Career Executive Service, namely:
Undersecretary, assistant secretary, bureau director,
assistant bureau director, regional director, assistant
regional director, chief department service and other
officers of equivalent rank as may be identified by the
Career Executive Service Board, all of whom are
appointed by the President
4. Career officers, other than those in the career Executive
Service, who are appointed by the President, such as the
foreign Service Officers in the Department of Foreign
Affairs
5. Commissioned officers and enlisted men of the Armed
Forces, which shall maintain a separate merit system
6. Personnel of government-owned or controlled
corporations, whether performing governmental or
proprietary functions, who do not fall under the non-
career service
7. Permanent laborers whether skilled, semi-skilled or
unskilled.
Non-career service is characterized by:
1. Entrance on bases other than those of the usual tests of
merit and fitness utilized for the career service
2. Tenure which is limited to a period specific by law, or
which is co-terminus with that of the appointing
authority or subject to his pleasure, or which is limited to
the duration of a particular project for which purpose
employment was made.
The non-career service includes:
1. Elected officials and their personnel or confidential staff
2. Department heads and other officials of Cabinet rank
who hold positions at the pleasure of the President and
their personal or confidential staff
3. Chairmen and members of the Commissions and boards
with fixed terms of office and their personal or
confidential staff
4. Contractual personnel or those whose employment in the
government is in accordance with a special contract to
undertake a specific work or job, requiring special or
technical skills not available in the employing agency, to
be accomplished within a specific period, which in no
case shall exceed on e year and perform or accomplish
the specific work or job under their own responsibility
with minimum of direction and supervision from the
hiring agency and
5. Emergency and seasonal personnel
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C. THE COMMISSION ON ELECTIONS
Section 1. (1) There shall be a Commission on Elections composed of
a Chairman and six Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been candidates for any elective
positions in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be
members of the Philippine Bar who have been engaged in the practice of law for
at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a term of
seven years without reappointment. Of those first appointed, three Members
shall hold office for seven years, two Members for five years, and the last
Members for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of
the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.
Sec. 2. The Commission on Elections shall exercise the following
powers and functions:
(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating
to the elections, returns, and qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or involving
elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be final,
executory, and not appealable.
(3) Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and location of
polling places, appointment of election officials and inspectors, and registration
of voters.
(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) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other requirements, must
present their platform or program of government; and accredit citizens' arms of
the Commission on Elections.
Religious denominations and sects shall not be registered.
Those which seek to achieve their goals through violence or
unlawful means, or refuse to uphold and adhere to this Constitution, or which are
supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies
to political parties, organizations, coalitions, or candidates related to elections,
constitute interference in national affairs, and, when accepted, shall be an
additional ground for the cancellation of their registration with the Commission,
in addition to other penalties that may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions
in court for inclusion or exclusion of voters; investigate and, where appropriate,
prosecute cases of violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures to minimize
election spending, including limitation of places where propaganda materials
shall be posted, and to prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidacies.
(8) Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its directive, order, or decision.
(9) Submit to the President and the Congress, a comprehensive report
on the conduct of each election, plebiscite, initiative, referendum, or recall.
Section 3. The Commission on Elections may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to expedite
disposition of election cases, including pre- proclamation controversies.
All such election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions shall be decided by the
Commission en banc.
Section 4. The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all franchises or permits for
the operation of transportation and other public utilities, media of
Constitutional Law 1
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communication or information, all grants, special privileges, or concessions
granted by the Government or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall aim to ensure equal
opportunity, and equal rates therefor, for public information campaigns and
forums among candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections.
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. A free and open party system shall be allowed to
evolve according to the free choice of the people, subject to the provisions
of this Article.
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.
Section 8. Political parties, or organizations or coalitions
registered under the party-list system, shall not be represented in the voters'
registration boards, boards of election inspectors, boards of canvassers, or
other similar bodies.
However, they shall be entitled to appoint poll watchers in
accordance with law.
Section 9. Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety days before the day of
election and shall end thirty days thereafter.
Section 10. Bona fide candidates for any public office shall be
free from any form of harassment and discrimination.
Section 11. Funds certified by the Commission as necessary to
defray the expenses for holding regular and special elections, plebiscites,
initiatives, referenda, and recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. THE COMMISSION ON AUDIT
Composition
Section 1. (1) There shall be a Commission on Audit composed
of a Chairman and two Commissioners, who shall be natural-born citizens
of the Philippines and, at the time of their appointment, at least thirty-five
years of age, Certified Public Accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who have been
engaged in the practice of law for at least ten years, and must not have been
candidates for any elective position in the elections immediately preceding
their appointment. At no time shall all Members of the Commission belong
to the same profession.
Powers and Functions
(2) The Chairman and the Commissioners shall be appointed by
the President with the consent of the Commission on Appointments for a
term of seven years without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one Commissioner for five
years, and the other Commissioner for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired portion of the
term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.
Section 2. (1) The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all accounts pertaining to
the revenue and receipts of, and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations with original charters, and on a post- audit basis:
(a) constitutional bodies, commissions and offices that have
been granted fiscal autonomy under this Constitution;
(b) autonomous state colleges and universities;
(c) other government-owned or controlled corporations and their
subsidiaries; and
(d) such non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the Government, which are required
by law or the granting institution to submit to such audit as a condition of
subsidy or equity.
However, where the internal control system of the audited
agencies is inadequate, the Commission may adopt such measures,
including temporary or special pre-audit, as are necessary and appropriate
to correct the deficiencies.
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It shall keep the general accounts of the Government and, for such
period as may be provided by law, preserve the vouchers and other supporting
papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject to the
limitations in this Article, to define the scope of its audit and examination,
establish the techniques and methods required therefor, and promulgate
accounting and auditing rules and regulations, including those for the prevention
and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of government funds and properties.
Prohibited exemptions
Section 3. No law shall be passed exempting any entity of the
Government or its subsidiaries in any guise whatever, or any investment of
public funds, from the jurisdiction of the Commission on Audit.
Report
Section 4. The Commission shall submit to the President and the
Congress, within the time fixed by law, an annual report covering the financial
condition and operation of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations, and
non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency.
It shall submit such other reports as may be required by law.
ARTICLE X: LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1. The territorial and political subdivisions of the Republic of
the Philippines are the provinces, cities, municipalities, and barangays.
There shall be autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Section 2. The territorial and political subdivisions shall enjoy local
autonomy.
Section 3. The Congress shall enact a local government code which
shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among the different local government
units their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.
Section 4. The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to component cities
and municipalities, and cities and municipalities with respect to component
barangays, shall ensure that the acts of their component units are within the
scope of their prescribed powers and functions.
Section 5. Each local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the basic
policy of local autonomy.
Such taxes, fees, and charges shall accrue exclusively to the local
governments.
Section 6. Local government units shall have a just share, as
determined by law, in the national taxes which shall be automatically released to
them.
Section 7. Local governments shall be entitled to an equitable share
in the proceeds of the utilization and development of the national wealth within
their respective areas, in the manner provided by law, including sharing the same
with the inhabitants by way of direct benefits.
Section 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three years and no
such official shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his service for the full term
for which he was elected.
Section 9. Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.
Section 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially altered, except
in accordance with the criteria established in the local government code and
Constitutional Law 1
Source: Book of Cruz
subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Section 11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a plebiscite as set forth in
Section 10 hereof. The component cities and municipalities shall retain
their basic autonomy and shall be entitled to their own local executive and
legislative assemblies.
The jurisdiction of the metropolitan authority that will thereby
be created shall be limited to basic services requiring coordination.
Section 12. Cities that are highly urbanized, as determined by
law, and component cities whose charters prohibit their voters from voting
for provincial elective officials, shall be independent of the province.
The voters of component cities within a province, whose
charters contain no such prohibition, shall not be deprived of their right to
vote for elective provincial officials.
Section 13. Local government units may group themselves,
consolidate or coordinate their efforts, services, and resources for purposes
commonly beneficial to them in accordance with law.
Section 14. The President shall provide for regional
development councils or other similar bodies composed of local
government officials, regional heads of departments and other government
offices, and representatives from non-governmental organizations within
the regions for purposes of administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the economic and social
growth and development of the units in the region.
AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions in
Muslim Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of the
Philippines.
Section 16. The President shall exercise general supervision
over autonomous regions to ensure that laws are faithfully executed.
Section 17. All powers, functions, and responsibilities not
granted by this Constitution or by law to the autonomous regions shall be
vested in the National Government.
Section 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the regional
consultative commission composed of representatives appointed by the
President from a list of nominees from multi-sectoral bodies.
The organic act shall define the basic structure of government
for the region consisting of the executive department and legislative
assembly, both of which shall be elective and representative of the
constituent political units.
The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the
provisions of this Constitution and national laws.
The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in a
plebiscite called for the purpose, provided that only provinces, cities, and
geographic areas voting favorably in such plebiscite shall be included in the
autonomous region.
Section 19. The first Congress elected under this Constitution
shall, within eighteen months from the time of organization of both Houses,
pass the organic acts for the autonomous regions in Muslim Mindanao and
the Cordilleras.
Section 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of
the general welfare of the people of the region.
Section 21. The preservation of peace and order within the
regions shall be the responsibility of the local police agencies which shall
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be organized, maintained, supervised, and utilized in accordance with applicable
laws.
The defense and security of the regions shall be the responsibility of
the National Government.
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. Public officers and
employees must, at all times, be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and
justice, and lead modest lives.
Section 2. The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office on impeachment for, and conviction
of:
1. culpable violation of the Constitution, is wrongful intentional or
wilful disregard or flouting of the fundamental law.
2. treason, is committed by any person who, owing allegiance to the
government of the Philippines, levies war against it or adhered to its enemies,
giving them aid and comforts.
3. bribery, is committed by any public officer who shall agree to
perform an act, whether or not constituting a crime or refrain from doing an act
which he is officially required to do in connection of any offer, promise, gift or
present received by him personally or through the mediation of another or who
shall accept gifts offered to him by reason of his office.
4. graft and corruption, is to be understood in the light of the
prohibited acts enumerated in the Anti-Graft and Corrupt Practices Act, which
was in force at the time of the adoption of the Constitution.
5. other high crimes, according to the special committee of the House
of Representatives that investigated the impeachment charges against President
Quirino, are supposed to refer to those offenses which like treason and bribery
are of so serious and enormous a nature as to strike at the very life or the orderly
workings of the government or
6. betrayal of public trust, is a new ground added by the
Constitutional Commission as a catch-all to cover all manner of offenses
unbecoming a public functionary but not punishable by the criminal statutes,
like, inexcusable negligence of duty, tyrannical abuse of authority, breach of
official duty by malfeasance or misfeasance, cryonism, favouritism, obstruction
of justice.
All other public officers and employees may be removed from office
as provided by law, but not by impeachment.
Section 3. (1) The House of Representatives shall have the exclusive
power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen upon a resolution or
endorsement by any Member thereof, which shall be included in the Order of
Business within ten session days, and referred to the proper Committee within
three session days thereafter.
The Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty session days from
such referral, together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days from receipt
thereof.
(3) A vote of at least one-third of all the Members of the House shall
be necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The vote of
each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is
filed by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall forthwith
proceed.
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment.
When sitting for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not vote.
No person shall be convicted without the concurrence of two-thirds
of all the Members of the Senate.
Constitutional Law 1
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(7) Judgment in cases of impeachment shall not extend further
than removal from office and disqualification to hold any office under the
Republic of the Philippines, but the party convicted shall nevertheless be
liable and subject to prosecution, trial, and punishment, according to law.
(8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
Section 4. The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise its jurisdiction as
now or hereafter may be provided by law.
Section 5. There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as Tanodbayan,
one overall Deputy and at least one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military establishment may likewise
be appointed.
Section 6. The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be appointed by the
Ombudsman, according to the Civil Service Law.
Section 7. The existing Tanodbayan shall hereafter be known as
the Office of the Special Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be provided by law, except
those conferred on the Office of the Ombudsman created under this
Constitution.
Section 8. The Ombudsman and his Deputies shall be natural-
born citizens of the Philippines, and at the time of their appointment, at
least forty years old, of recognized probity and independence, and members
of the Philippine Bar, and must not have been candidates for any elective
office in the immediately preceding election.
The Ombudsman must have, for ten years or more, been a judge
or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section 2 of Article
1X-A of this Constitution.
Section 9. The Ombudsman and his Deputies shall be appointed
by the President from a list of at least six nominees prepared by the Judicial
and Bar Council, and from a list of three nominees for every vacancy
thereafter.
Such appointments shall require no confirmation.
All vacancies shall be filled within three months after they
occur.
Section 10. The Ombudsman and his Deputies shall have the
rank of Chairman and Members, respectively, of the Constitutional
Commissions, and they shall receive the same salary which shall not be
decreased during their term of office.
Section 11. The Ombudsman and his Deputies shall serve for a
term of seven years without reappointment. They shall not be qualified to
run for any office in the election immediately succeeding their cessation
from office.
Section 12. The Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed in any form or manner
against public officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including government-
owned or controlled corporations, and shall, in appropriate cases, notify the
complainants of the action taken and the result thereof.
Section 13. The Office of the Ombudsman shall have the
following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any
act or omission of any public official, employee, office or agency, when
such act or omission appears to be illegal, unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or controlled
corporation with original charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties.
(3) Direct the officer concerned to take appropriate action
against a public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure compliance
therewith.
(4) Direct the officer concerned, in any appropriate case, and
subject to such limitations as may be provided by law, to furnish it with
copies of documents relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.
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(5) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if necessary,
pertinent records and documents.
(6) Publicize matters covered by its investigation when circumstances
so warrant and with due prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the Government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers
or perform such functions or duties as may be provided by law.
Section 14. The Office of the Ombudsman shall enjoy fiscal
autonomy. Its approved annual appropriations shall be automatically and
regularly released.
Section 15. The right of the State to recover properties unlawfully
acquired by public officials or employees, from them or from their nominees or
transferees, shall not be barred by prescription, laches, or estoppel.
Section 16. No loan, guaranty, or other form of financial
accommodation for any business purpose may be granted, directly or indirectly,
by any government-owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the Cabinet, the Congress, the
Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest, during their tenure.
Section 17. A public officer or employee shall, upon assumption of
office and as often thereafter as may be required by law, submit a declaration
under oath of his assets, liabilities, and net worth. In the case of the President,
the Vice-President, the Members of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and other constitutional offices, and
officers of the armed forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law.
Section 18. Public officers and employees owe the State and this
Constitution allegiance at all times and any public officer or employee who
seeks to change his citizenship or acquire the status of an immigrant of another
country during his tenure shall be dealt with by law.
ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY
Section 1. The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained increase in the
amount of goods and services produced by the nation for the benefit of the
people; and an expanding productivity as the key to raising the quality of life for
all, especially the under-privileged.
The State shall promote industrialization and full employment based
on sound agricultural development and agrarian reform, through industries that
make full and efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets. However, the State shall
protect Filipino enterprises against unfair foreign competition and trade
practices.
In the pursuit of these goals, all sectors of the economy and all
regions of the country shall be given optimum opportunity to develop.
Private enterprises, including corporations, cooperatives, and similar
collective organizations, shall be encouraged to broaden the base of their
ownership.
Section 2. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, flora and fauna, and other natural resources are owned by the
State.
With the exception of agricultural lands, all other natural resources
shall not be alienated.
The exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State.
The State may directly undertake such activities, or it may enter into
co-production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law.
In cases of water rights for irrigation, water supply fisheries, or
industrial uses other than the development of water power, beneficial use may be
the measure and limit of the grant.
The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
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The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fish- workers in rivers, lakes,
bays, and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for large-
scale exploration, development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and conditions provided
by law, based on real contributions to the economic growth and general
welfare of the country.
In such agreements, the State shall promote the development
and use of local scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within thirty days from its
execution.
Section 3. Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national parks.
Agricultural lands of the public domain may be further
classified by law according to the uses to which they may be devoted.
Alienable lands of the public domain shall be limited to
agricultural lands.
Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not
exceeding twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five
hundred hectares, or acquire not more than twelve hectares thereof, by
purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology,
and development, and subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands of the public domain
which may be acquired, developed, held, or leased and the conditions
therefor.
Section 4. The Congress shall, as soon as possible, determine,
by law, the specific limits of forest lands and national parks, marking
clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be
conserved and may not be increased nor diminished, except by law.
The Congress shall provide for such period as it may
determine, measures to prohibit logging in endangered forests and
watershed areas.
Section 5. The State, subject to the provisions of this
Constitution and national development policies and programs, shall protect
the rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary
laws governing property rights or relations in determining the ownership
and extent of ancestral domain.
Section 6. The use of property bears a social function, and all
economic agents shall contribute to the common good.
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to
own, establish, and operate economic enterprises, subject to the duty of the
State to promote distributive justice and to intervene when the common
good so demands.
Section 7. Save in cases of hereditary succession, no private
lands shall be transferred or conveyed except to individuals, corporations,
or associations qualified to acquire or hold lands of the public domain.
Section 8. Notwithstanding the provisions of Section 7 of this
Article, a natural-born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands, subject to limitations
provided by law.
Section 9. The Congress may establish an independent
economic and planning agency headed by the President, which shall, after
consultations with the appropriate public agencies, various private sectors,
and local government units, recommend to Congress, and implement
continuing integrated and coordinated programs and policies for national
development.
Until the Congress provides otherwise, the National Economic
and Development Authority shall function as the independent planning
agency of the government.
Section 10. The Congress shall, upon recommendation of the
economic and planning agency, when the national interest dictates, reserve
to citizens of the Philippines or to corporations or associations at least sixty
per centum of whose capital is owned by such citizens, or such higher
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percentage as Congress may prescribe, certain areas of investments. The
Congress shall enact measures that will 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.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance with its national
goals and priorities.
Section 11. No franchise, certificate, or any other form of
authorization for the operation of a public utility shall be granted except to
citizens of the Philippines or to corporations or associations organized under the
laws of the Philippines, at least sixty per centum of whose capital is owned by
such citizens; nor shall such franchise, certificate, or authorization be exclusive
in character or for a longer period than fifty years.
Neither shall any such franchise or right be granted except under the
condition that it shall be subject to amendment, alteration, or repeal by the
Congress when the common good so requires.
The State shall encourage equity participation in public utilities by
the general public.
The participation of foreign investors in the governing body of any
public utility enterprise shall be limited to their proportionate share in its capital,
and all the executive and managing officers of such corporation or association
must be citizens of the Philippines.
Section 12. The State shall promote the preferential use of Filipino
labor, domestic materials and locally produced goods, and adopt measures that
help make them competitive.
Section 13. The State shall pursue a trade policy that serves the
general welfare and utilizes all forms and arrangements of exchange on the basis
of equality and reciprocity.
Section 14. The sustained development of a reservoir of national
talents consisting of Filipino scientists, entrepreneurs, professionals, managers,
high-level technical manpower and skilled workers and craftsmen in all fields
shall be promoted by the State.
The State shall encourage appropriate technology and regulate its
transfer for the national benefit.
The practice of all professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law.
Section 15. The Congress shall create an agency to promote the
viability and growth of cooperatives as instruments for social justice and
economic development.
Section 16. The Congress shall not, except by general law, provide
for the formation, organization, or regulation of private corporations.
Government-owned or controlled corporations may be created or
established by special charters in the interest of the common good and subject to
the test of economic viability.
Section 17. In times of national emergency, when the public interest
so requires, the State may, during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the operation of any privately-
owned public utility or business affected with public interest.
Section 18. The State may, in the interest of national welfare or
defense, establish and operate vital industries and, upon payment of just
compensation, transfer to public ownership utilities and other private enterprises
to be operated by the Government.
Section 19. The State shall regulate or prohibit monopolies when the
public interest so requires.
No combinations in restraint of trade or unfair competition shall be
allowed.
Section 20. The Congress shall establish an independent central
monetary authority, the members of whose governing board must be natural-
born Filipino citizens, of known probity, integrity, and patriotism, the majority
of whom shall come from the private sector. They shall also be subject to such
other qualifications and disabilities as may be prescribed by law.
The authority shall provide policy direction in the areas of money,
banking, and credit. It shall have supervision over the operations of banks and
exercise such regulatory powers as may be provided by law over the operations
of finance companies and other institutions performing similar functions.
Until the Congress otherwise provides, the Central Bank of the
Philippines operating under existing laws, shall function as the central monetary
authority.
Section 21. Foreign loans may only be incurred in accordance with
law and the regulation of the monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be made available to the public.
Constitutional Law 1
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Section 22. Acts which circumvent or negate any of the
provisions of this Article shall be considered inimical to the national
interest and subject to criminal and civil sanctions, as may be provided by
law.
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the people
to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition, ownership,
use, and disposition of property and its increments.
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of
initiative and self-reliance.
LABOR
Section 3. The State shall afford full protection to labor, local
and overseas, organized and unorganized, and  promote full employment
and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted activities,
including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions
of work, and a living wage.
They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of voluntary
modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the fruits of
production and the right of enterprises to reasonable returns to investments,
and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 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 the 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 right of small landowners.
The State shall further provide incentives for voluntary land-
sharing.
Section 5. The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives, and other
independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide support to
agriculture through appropriate technology and research, and adequate
financial, production, marketing, and other support services.
Section 6. The State shall apply the principles of agrarian
reform or stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands of the
public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous
communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its
own agricultural estates which shall be distributed to them in the manner
provided by law.
Section 7. The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential use of the
communal marine and fishing resources, both inland and offshore.
It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing
assistance, and other services.
The State shall also protect, develop, and conserve such
resources.
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The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion.
Fishworkers shall receive a just share from their labor in the
utilization of marine and fishing resources.
Section 8. The State shall provide incentives to landowners to invest
the proceeds of the agrarian reform program to promote industrialization,
employment creation, and privatization of public sector enterprises.
Financial instruments used as payment for their lands shall be
honored as equity in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 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 under-privileged 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.
Section 10. Urban or rural poor dwellers shall not be evicted nor their
dwelling demolished, except in accordance with law and in a just and humane
manner.
No resettlement of urban or rural dwellers shall be undertaken
without adequate consultation with them and the communities where they are to
be relocated.
HEALTH
Section 11. The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential goods,
health and other social services available to all the people at affordable cost.
There shall be priority for the needs of the under-privileged, sick,
elderly, disabled, women, and children.
The State shall endeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate health, manpower
development, and research, responsive to the country's health needs and
problems.
Section 13. The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and self-reliance, and their
integration into the mainstream of society.
WOMEN
Section 14. The State shall protect working women by providing safe
and healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the nation.
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
Section 15. The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the democratic
framework, their legitimate and collective interests and aspirations through
peaceful and lawful means.
People's organizations are bona fide associations of citizens with
demonstrated capacity to promote the public interest and with identifiable
leadership, membership, and structure.
Section 16. The right of the people and their organizations to
effective and reasonable participation at all levels of social, political, and
economic decision-making shall not be abridged.
The State shall, by law, facilitate the establishment of adequate
consultation mechanisms.
HUMAN RIGHTS
Section 17. (1) There is hereby created an independent office called
the Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and four
Members who must be natural-born citizens of the Philippines and a majority of
whom shall be members of the Bar.
The term of office and other qualifications and disabilities of the
Members of the Commission shall be provided by law.
Constitutional Law 1
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(3) Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue to exercise its
present functions and powers.
(4) The approved annual appropriations of the Commission
shall be automatically and regularly released.
Section 18. The Commission on Human Rights shall have the
following powers and functions:
(1) Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and
cite for contempt for violations thereof in accordance with the Rules of
Court;
(3) Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as well as Filipinos
residing abroad, and provide for preventive measures and legal aid services
to the under-privileged whose human rights have been violated or need
protection;
(4) Exercise visitorial powers over jails, prisons, or detention
facilities;
(5) Establish a continuing program of research, education, and
information to enhance respect for the primacy of human rights;
(6) Recommend to Congress effective measures to promote
human rights and to provide for compensation to victims of violations of
human rights, or their families;
(7) Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other evidence is necessary
or convenient to determine the truth in any investigation conducted by it or
under its authority;
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with law;
and
(11) Perform such other duties and functions as may be
provided by law.
Section 19. The Congress may provide for other cases of
violations of human rights that should fall within the authority of the
Commission, taking into account its recommendations.
ARTICLE XIV: EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS,
CULTURE AND SPORTS EDUCATION
Section 1. The State shall protect and promote the right of all
citizens to quality education at all levels, and shall take appropriate steps to
make such education accessible to all.
Section 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and
integrated system of education relevant to the needs of the people and
society;
(2) Establish and maintain, a system of free public education in
the elementary and high school levels. Without limiting the natural rights
of parents to rear their children, elementary education is compulsory for all
children of school age;
(3) Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incentives which shall be
available to deserving students in both public and private schools,
especially to the under-privileged;
(4) Encourage non-formal, informal, and indigenous learning
systems, as well as self-learning, independent, and out-of-school study
programs particularly those that respond to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth
with training in civics, vocational efficiency, and other skills.
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Section 3. (1) All educational institutions shall include the study of
the Constitution as part of the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of
humanity, respect for human rights, appreciation of the role of national heroes in
the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and
personal discipline, encourage critical and creative thinking, broaden scientific
and technological knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the parents or guardians,
religion shall be allowed to be taught to their children or wards in public
elementary and high schools within the regular class hours by instructors
designated or approved by the religious authorities of the religion to which the
children or wards belong, without additional cost to the Government.
Section 4.(1) The State recognizes the complementary roles of public
and private institutions in the educational system and shall exercise reasonable
supervision and regulation of all educational institutions.
(2) Educational institutions, other than those established by religious
groups and mission boards, shall be owned solely by citizens of the Philippines
or corporations or associations at least sixty per centum of the capital of which is
owned by such citizens.
The Congress may, however, require increased Filipino equity
participation in all educational institutions.
The control and administration of educational institutions shall be
vested in citizens of the Philippines.
No educational institution shall be established exclusively for aliens
and no group of aliens shall comprise more than one-third of the enrolment in
any school.
The provisions of this subsection shall not apply to schools
established for foreign diplomatic personnel and their dependents and, unless
otherwise provided by law, for other foreign temporary residents.
(3) 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.
(4) Subject to conditions prescribed by law, all grants, endowments,
donations, or contributions used actually, directly, and exclusively for
educational purposes shall be exempt from tax.
Section 5. (1) the State shall take into account regional and sectoral
needs and conditions and shall encourage local planning in the development of
educational policies and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher
learning.
(3) Every citizen has a right to select a profession or course of study,
subject to fair, reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional
advancement. Non-teaching academic and non-academic personnel shall enjoy
the protection of the State.
(5) The State shall assign the highest budgetary priority to education
and ensure that teaching will attract and retain its rightful share of the best
available talents through adequate remuneration and other means of job
satisfaction and fulfilment.
ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and
dynamic evolution of a Filipino national culture based on the principle of unity
in diversity in a climate of free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the State.
The State shall conserve, promote, and popularize the nation's
historical and cultural heritage and resources, as well as artistic creations.
Section 16. All the country's artistic and historic wealth constitutes
the cultural treasure of the nation and shall be under the protection of the State
which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights
of indigenous cultural communities to preserve and develop their cultures,
Constitutional Law 1
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traditions, and institutions. It shall consider these rights in the formulation
of national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural
opportunities through the educational system, public or private cultural
entities, scholarships, grants and other incentives, and community cultural
centers, and other public venues.
(2) The State shall encourage and support researches and studies
on the arts and culture.
LANGUAGE
Section 6. The national language of the Philippines is Filipino.
As it evolves, it shall be further developed and enriched on the basis of
existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem
appropriate, the Government shall take steps to initiate and sustain the use
of Filipino as a medium of official communication and as language of
instruction in the educational system.
Section 7. For purposes of communication and instruction, the
official languages of the Philippines are Filipino and, until otherwise
provided by law, English.
The regional languages are the auxiliary official languages in
the regions and shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and
optional basis.
Section 8. This Constitution shall be promulgated in Filipino
and English and shall be translated into major regional languages, Arabic,
and Spanish.
Section 9. The Congress shall establish a national language
commission composed of representatives of various regions and disciplines
which shall undertake, coordinate, and promote researches for the
development, propagation, and preservation of Filipino and other
languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national
development and progress.
The State shall give priority to research and development,
invention, innovation, and their utilization; and to science and technology
education, training, and services.
It shall support indigenous, appropriate, and self-reliant
scientific and technological capabilities, and their application to the
country's productive systems and national life.
Section 11. The Congress may provide for incentives, including
tax deductions, to encourage private participation in programs of basic and
applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be
provided to deserving science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.
Section 12. The State shall regulate the transfer and promote the
adaptation of technology from all sources for the national benefit.
It shall encourage the widest participation of private groups,
local governments, and community-based organizations in the generation
and utilization of science and technology.
Section 13. The State shall protect and secure the exclusive
rights of scientists, inventors, artists, and other gifted citizens to their
intellectual property and creations, particularly when beneficial to the
people, for such period as may be provided by law.
SPORTS
Section 19. (1) The State shall promote physical education and
encourage sports programs, league competitions, and amateur sports,
including training for international competitions, to foster self-discipline,
teamwork, and excellence for the development of a healthy and alert
citizenry.
(2) All educational institutions shall undertake regular sports
activities throughout the country in cooperation with athletic clubs and
other sectors.
ARTICLE XV: THE FAMILY
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Section 1. The State recognizes the Filipino family as the foundation
of the nation. Accordingly, it shall strengthen its solidarity and actively promote
its total development.
Section 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
Section 3. The State shall defend:
(1) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their development;
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the
planning and implementation of policies and programs that affect them.
Section 4. The family has the duty to care for its elderly members but the State
may also do so through just programs of social security.
ARTICLE XVI: GENERAL PROVISIONS
Section 1. The flag of the Philippines shall be red, white, and blue,
with a sun and three stars, as consecrated and honored by the people and
recognized by law.
Section 2. The Congress may, by law, adopt a new name for the
country, a national anthem, or a national seal, which shall all be truly reflective
and symbolic of the ideals, history, and traditions of the people. Such law shall
take effect only upon its ratification by the people in a national referendum.
Section 3. The State may not be sued without its consent.
Section 4. The Armed Forces of the Philippines shall be composed of
a citizen armed force which shall undergo military training and serve as may be
provided by law. It shall keep a regular force necessary for the security of the
State.
Section 5. (1) All members of the armed forces shall take an oath or
affirmation to uphold and defend this Constitution.
(2) The State shall strengthen the patriotic spirit and nationalist
consciousness of the military, and respect for people's rights in the performance
of their duty.
(3) Professionalism in the armed forces and adequate remuneration
and benefits of its members shall be a prime concern of the State. The armed
forces shall be insulated from partisan politics.
No member of the military shall engage, directly or indirectly, in any
partisan political activity, except to vote.
(4) No member of the armed forces in the active service shall, at any
time, be appointed or designated in any capacity to a civilian position in the
Government, including government-owned or controlled corporations or any of
their subsidiaries.
(5) Laws on retirement of military officers shall not allow extension
of their service.
(6) The officers and men of the regular force of the armed forces shall
be recruited proportionately from all provinces and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed forces shall not
exceed three years. However, in times of war or other national emergency
declared by the Congress, the President may extend such tour of duty.
Section 6. The State shall establish and maintain one police force,
which shall be national in scope and civilian in character, to be administered and
controlled by a national police commission.
The authority of local executives over the police units in their
jurisdiction shall be provided by law.
Section 7. The State shall provide immediate and adequate care,
benefits, and other forms of assistance to war veterans and veterans of military
campaigns, their surviving spouses and orphans. Funds shall be provided
therefor and due consideration shall be given them in the disposition of
agricultural lands of the public domain and, in appropriate cases, in the
utilization of natural resources.
Constitutional Law 1
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Section 8. The State shall, from time to time, review to increase
the pensions and other benefits due to retirees of both the government and
the private sectors.
Section 9. The State shall protect consumers from trade
malpractices and from substandard or hazardous products.
Section 10. The State shall provide the policy environment for
the full development of Filipino capability and the emergence of
communication structures suitable to the needs and aspirations of the nation
and the balanced flow of information into, out of, and across the country, in
accordance with a policy that respects the freedom of speech and of the
press.
Section 11. (1) The ownership and management of mass media
shall be limited to citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in
commercial mass media when the public interest so requires. No
combinations in restraint of trade or unfair competition therein shall be
allowed.
(2) The advertising industry is impressed with public interest,
and shall be regulated by law for the protection of consumers and the
promotion of the general welfare.
Only Filipino citizens or corporations or associations at least
seventy per centum of the capital of which is owned by such citizens shall
be allowed to engage in the advertising industry.
The participation of foreign investors in the governing body of
entities in such industry shall be limited to their proportionate share in the
capital thereof, and all the executive and managing officers of such entities
must be citizens of the Philippines.
Section 12. The Congress may create a consultative body to
advise the President on policies affecting indigenous cultural communities,
the majority of the members of which shall come from such communities.
ARTICLE XVII: AMENDMENTS OR REVISIONS
Two steps are involved in the amendment or revision of the
Constitution.
1. Proposal and
2. Ratification.
▪ Proposal is either thru Congress or Constitutional
Convention. A special case is provided for where the proposal may
be made directly by the people thru initiative.
Section 1. Any amendment to, or revision of, this Constitution
may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its
Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon a petition of at least
twelve per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the
registered voters therein.
No amendment under this section shall be authorized within
five years following the ratification of this Constitution nor oftener than
once every five years thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of all its
Members, submit to the electorate the question of calling such a
convention.
Section 4. Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty days nor
later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of the petition.
Ateneo de Davao College of Law
Manresa 2008
Page 37 of 38
ARTICLE XVIII: TRANSITORY PROVISIONS
Section 1. The first elections of Members of the Congress under this
Constitution shall be held on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined by
the President, which may be simultaneous with the election of the Members of
the Congress.
It shall include the election of all Members of the city or municipal
councils in the Metropolitan Manila area.
Section 2. The Senators, Members of the House of Representatives,
and the local officials first elected under this Constitution shall serve until noon
of June 30, 1992.
Of the Senators elected in the elections in 1992, the first twelve
obtaining the highest number of votes shall serve for six years and the remaining
twelve for three years.
Section 3. All existing laws, decrees, executive orders, proclamations,
letters of instructions, and other executive issuances not inconsistent with this
Constitution shall remain operative until amended, repealed, or revoked.
Section 4. All existing treaties or international agreements which
have not been ratified shall not be renewed or extended without the concurrence
of at least two-thirds of all the Members of the Senate.
For treaties, the rule is that if they have not been ratified before, they
shall not be renewed or extended without the concurrence of the Senate, the
suggestion being that if they were ratified, they can then e extended or renewed
without such concurrence.
Section 5. The six-year term of the incumbent President and Vice-
President elected in the February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under
this Constitution shall be held on the second Monday of May, 1992.
Section 6. The incumbent President shall continue to exercise
legislative powers until the first Congress is convened.
Section 7. Until a law is passed, the President may fill by
appointment from a list of nominees by the respective sectors, the seats reserved
for sectoral representation in paragraph (2), Section 5 of Article V1 of this
Constitution.
Section 8. Until otherwise provided by the Congress, the President
may constitute the Metropolitan Manila Authority to be composed of the heads
of all local government units comprising the Metropolitan Manila area.
Section 9. A sub-province shall continue to exist and operate until it
is converted into a regular province or until its component municipalities are
reverted to the mother province.
Section 10. All courts existing at the time of the ratification of this
Constitution shall continue to exercise their jurisdiction, until otherwise provided
by law.
The provisions of the existing Rules of Court, judiciary acts, and
procedural laws not inconsistent with this Constitution shall remain operative
unless amended or repealed by the Supreme Court or the Congress.
Section 11. The incumbent Members of the Judiciary shall continue
in office until they reach the age of seventy years or become incapacitated to
discharge the duties of their office or are removed for cause.
Section 12. The Supreme Court shall, within one year after the
ratification of this Constitution, adopt a systematic plan to expedite the decision
or resolution of cases or matters pending in the Supreme Court or the lower
courts prior to the effectivity of this Constitution.
A similar plan shall be adopted for all special courts and quasi-
judicial bodies.
Section 13. The legal effect of the lapse, before the ratification of this
Constitution, of the applicable period for the decision or resolution of the cases
or matters submitted for adjudication by the courts, shall be determined by the
Supreme Court as soon as practicable.
Section 14. The provisions of paragraphs (3) and (4), Section 15 of
Article VIII of this Constitution shall apply to cases or matters filed before the
ratification of this Constitution, when the applicable period lapses after such
ratification.
Section 15. The incumbent Members of the Civil Service
Commission, the Commission on Elections, and the Commission on Audit shall
continue in office for one year after the ratification of this Constitution, unless
they are sooner removed for cause or become incapacitated to discharge the
Constitutional Law 1 Page 38 of 38
Source: Book of Cruz
duties of their office or appointed to a new term thereunder. In no case shall The sequestration or freeze order is deemed automatically lifted if no
any Member serve longer than seven years including service before the judicial action or proceeding is commenced as herein provided.
ratification of this Constitution.
Section 27. This Constitution shall take effect immediately upon its
Section 16. Career civil service employees separated from the ratification by a majority of the votes cast in a plebiscite held for the purpose and
service not for cause but as a result of the reorganization pursuant to shall supersede all previous Constitutions.
Proclamation No. 3 dated March 25, 1986 and the reorganization following
the ratification of this Constitution shall be entitled to appropriate
separation pay and to retirement and other benefits accruing to them under
the laws of general application in force at the time of their separation.
In lieu thereof, at the option of the employees, they may be Proof-reader:
considered for employment in the Government or in any of its subdivisions, Ms. Aisa Maunting
instrumentalities, or agencies, including government-owned or controlled
corporations and their subsidiaries.
This provision also applies to career officers whose resignation,
tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President

shall receive an annual salary of three hundred thousand pesos; the Vice-
President, the President of the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the Supreme Court, two hundred
forty thousand pesos each; the Senators, the Members of the House of
Representatives, the Associate Justices of the Supreme Court, and the
Chairmen of the Constitutional Commissions, two hundred four thousand
pesos each; and the Members of the Constitutional Commissions, one
hundred eighty thousand pesos each.

Section 18. At the earliest possible time, the Government shall

increase the salary scales of the other officials and employees of the
National Government.

Section 19. All properties, records, equipment, buildings,

facilities, and other assets of any office or body abolished or reorganized
under Proclamation No. 3 dated March 25, 1986 or this Constitution shall
be transferred to the office or body to which its powers, functions, and
responsibilities substantially pertain.

Section 20. The first Congress shall give priority to the

determination of the period for the full implementation of free public
secondary education.

Section 21. The Congress shall provide efficacious procedures

and adequate remedies for the reversion to the State of all lands of the
public domain and real rights connected therewith which were acquired in
violation of the Constitution or the public land laws, or through corrupt
practices. No transfer or disposition of such lands or real rights shall be
allowed until after the lapse of one year from the ratification of this
Constitution.

Section 22. At the earliest possible time, the Government shall

expropriate idle or abandoned agricultural lands as may be defined by law,
for distribution to the beneficiaries of the agrarian reform program.

Section 23. Advertising entities affected by paragraph (2),

Section 11 of Article XV1 of this Constitution shall have five years from its
ratification to comply on a graduated and proportionate basis with the
minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not

recognized by duly constituted authority shall be dismantled.
All paramilitary forces including Civilian Home Defense Forces
not consistent with the citizen armed force established in this Constitution,
shall be dissolved or, where appropriate, converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement

between the Republic of the Philippines and the United States of America
concerning military bases, foreign military bases, troops, or facilities shall
not be allowed in the Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified by a majority of the
votes cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State.

Section 26. The authority to issue sequestration or freeze orders

under Proclamation No. 3 dated March 25, 1986 in relation to the recovery
of ill-gotten wealth shall remain operative for not more than eighteen
months after the ratification of this Constitution.
However, in the national interest, as certified by the President,
the Congress may extend such period.

A sequestration or freeze order shall be issued only upon

showing of a prima facie case. The order and the list of the sequestered or
frozen properties shall forthwith be registered with the proper court.
For orders issued before the ratification of this Constitution, the
corresponding judicial action or proceeding shall be filed within six months
from its ratification. For those issued after such ratification, the judicial
action or proceeding shall be commenced within six months from the
issuance thereof.

Ateneo de Davao College of Law

Manresa 2008