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Chapter 1
INTRODUCTION
This work will deal first with each of the three inher
ent powers. This is fitting as the recognition of authorityis
a condition sine qua non for the proper enjoyment; of lib
erty, with the common weal as the criterion. Then it will
proceed to the examination of the different provisions in
Article III of the Constitution, more commonly known as
the Bill of Rights. Once authority is established, it is nec
essary to define and limit its reach, lest regulation become
encroachment and the pristine purity of rights is debased
by naked power.
Before everything else, however, a short background
study on the basic principles governing constitutions in
general, their nature, classification, amendment or revi
sion, and interpretation shall be presented. The adoption
of the present Constitution of the Philippines in 1987,
together with the recent pertinent decisions of the Su
preme Court, shall also be reviewed.
I
Chapter 2
Definition
Const. Limitations, 4.
Phil. Constitutional Law, 6.
11 Am. Jur. 606.
CONSTITUTIONAL LAW
Classification
4Watson, 108.
8Cruz, Phil. Pol. Law, 1987, p. 11.
THE NATURE OF THE CONSTITUTION 5
16CJS21.
6 CONSTITUTIONAL LAW
9Id.
10 Id.
11 Vanhorne v. Dorrance, 1 L., ed. 391.
CONSTITUTIONAL LAW
,471SCRA356.
10 CONSTITUTIONAL LAW
Amendment or Revision
46 Phil. 440.
12 CONSTITUTIONAL LAW
Procedure
(1) Proposal
"Ibid.
21104 SCRA 1.
22 35 SCRA 28.
14 CONSTITUTIONAL LAW
22a
270 SCRA 106.
22b G.R. No. 129754, Sept. 21,1997.
23 6W.Va.613.
24
79 Pa. 59.
THE NATURE OF THE CONSTITUTION 15
25 91 Pac. 193.
26 78 Phil. 1.
27 Art. XVII, Sec. 4, Constitution.
16 CONSTITUTIONAL LAW
30 95 SCRA 755.
31 Supra.
32100 Phil. 1101.
33 73 SCRA 333.
18 CONSTITUTIONAL LAW
Suggested Reading:
Voting
21
22 CONSTITUTIONAL LAW
5 52 SCRA 477.
6113 SCRA 187.
7102 SCRA 671.
8 Ex Parte Levitt. 303 U.S. 633.
26 CONSTITUTIONAL LAW
42 O.G. 1243.
Araneta v. Dinglasan, 84 Phil. 368.
41 SCRA 715.
15 SCRA 479.
16a 224 SCRA 792.
28 CONSTITUTIONAL LAW
17 73 SCRA 333.
f
THE CONSTITUTION AND THE COURTS 29
66 Phil. 615.
THE CONSTITUTION AND THE COURTS 33
Suggested Reading:
28
Barrameda v. Moir, 25 Phil. 44.
29 In re Cunanan. 94 Phil. 534.
30 Supra.
Chapter 4
Similarities
37
38 CONSTITUTIONAL LAW
Characteristics
40
THE POLICE POWER 41
98 Phil. 148.
151 SCRA 208.
158 SCRA 621.
175 SCRA 343.
46 CONSTITUTIONAL LAW
Suggested Reading:
Calalang v. Williams, 70 Phil. 726
United States v. Toribio, 45 Phil. 85
Churchill & Tait v. Rafferty, 32 Phil. 580
United States v. Salaveria, 39 Phil. 102
Jacobson v. Massachusetts, 197 U.S. 11
Buck v.Bell, 274 U.S. 200
Agustin v. Edu, 88 SCRA 195
THE POLICE POWER 61
EMINENT DOMAIN
62
EMINENT DOMAIN 63
EMINENT DOMAIN 65
Necessity of Exercise
1 SCRA 646.
EMINENT DOMAIN 67
Private Property
Taking
58 SCRA 336.
74 CONSTITUTIONAL LAW
use the owner was ousted from the property and deprived of its
beneficial use, were not present when the Republic entered and
occupiedthe Castellvi property in 1947.
Public Use
Denieter Land Co. v. Florida Public Service Co., 128 So. 402.
EMINENT DOMAIN 77
Just Compensation
Just compensation is described as a full and fair
equivalent of the property taken from the private owner by
the expropriator. This is intended to indemnify the owner
fully for the loss he has sustained as a result of the expro
priation. The measure of this compensation is not the
taker's gain but the owner's loss. The word "just" is used to
intensify the meaning of the word "compensation," to con
vey the idea that the equivalent to be rendered for the
property taken shall be real, substantial, full, ample.22
However, the compensation, to be just, must be fair
not only to the owner but also to the expropriator. Pay
ment in excess of the full and fair equivalent of the loss
2B' Supra.
13
82 CONSTITUTIONAL LAW
s\
EMINENT DOMAIN 83
28 96 SCRA 831.
29 Urtula v. Republic, 22 SCRA 477.
30 Ibid.
31 Cityof Manila v. Roxas, 60 Phil. 215.
318 462 SCRA 265.
EMINENT DOMAIN 85
TAXATION
Nature
86
Jl
TAXATION 87
Scope
Exercise
J
TAXATION 91
Double Taxation
pose and during the same taxing period, the second impo
sition would constitute double taxation.
In Punzalan v. Municipal Board of Manila,12 the de
fendant levied an additional tax of P25.00 on professionals
practicing in Manila who were already paying the P50.00
occupation tax required under the Revised Internal Reve
nue Code. The petitioners challenged the second tax as
double taxation and asked that it be annulled. The Su
preme Court held against them, observing that the two
taxes had been imposed by different jurisdictions, one by
the national government and the other by the city gov
ernment.
Despite the lack of a specific prohibition, however,
double taxation will not be allowed if it results in a viola
tion of the equal protection clause. Hence, if certain prop
erties are subjected to an additional tax whereas others
similarly situated are not similarly taxed, the owners of
the first properties would have a right to complain.
In the Punzalan Case, the petitioners contended that
they were being discriminated against because other pro
fessionals practicing elsewhere were not subjected to the
additional tax. The Supreme Court disagreed, holding that
there was a substantial distinction between them and the
other professionals as practitioners in Manila could expect
a more lucrative income than those in other parts of the
country.
Public Purpose
12 95 Phil. 46.
TAXATION 93
Tax Exemptions
Suggested Reading:
8 Phil. 125.
Chapter 8
97
98 CONSTITUTIONAL LAW
13 id
13a
Mississippi v. Miller, 276 U.S. 174.
106 CONSTITUTIONAL LAW
B. Jurisdiction
C. Hearing
32 78 SCRA 485.
33125 SCRA 87
34123 SCRA 95.
35122 SCRA 405.
36126 SCRA 246.
37121 SCRA 205.
116 CONSTITUTIONAL LAW
1) Appeal
43 94 Phil. 230.
DUE PROCESS OF LAW 119
2) Exceptions
a) Nuisances
EQUAL PROTECTION
123
124 CONSTITUTIONAL LAW
5 65 Phil. 56.
126 CONSTITUTIONAL LAW
Persons Protected
Classification
Equally situated
A. Substantial Distinctions
"* Supra.
8f 227 SCRA 703.
81281 SCRA330 (1997).
EQUAL PROTECTION 133
C. Duration
9Supra.
134 CONSTITUTIONAL LAW
D. Applicability to All
22 SCRA 603.
EQUAL PROTECTION 135
11 Supra.
136 CONSTITUTIONAL LAW
86 SCRA 270.
EQUAL PROTECTION 137
Suggested Reading:
139
140 CONSTITUTIONAL LAW
Scope of Protection
3
Moncado v. People's Court, 80 Phil. 1; Silahis v. Solate, 482
SCRA 660.
4Stonehill v. Diokno, 20 SCRA 383.
"Ibid.
SEARCHES AND SEIZURES 141
Supra.
54 SCRA 312.
70 SCRA 477.
216 SCRA 101.
178 SCRA 362.
144 CONSTITUTIONAL LAW
71 SCRA 356.
126 SCRA 463.
98 Phil. 739.
110 SCRA 465.
SEARCHES AND SEIZURES 145
20 64 Phil. 33.
'"''Supra.
21 70 Phil. 141.
a 128 SCRA 388.
'" 152 SCRA 647 (1987).
150 CONSTITUTIONAL LAW
*Supra.
'"Supra.
152 CONSTITUTIONAL LAW
Supra.
' 139 SCRA 152.
SEARCHES AND SEIZURES 153
Suggested Reading:
Stonehill v. Diokno, 20 SCRA 383
Alvarez v. CFI, 64 Phil. 33
Collector of Customs v. Villaluz, 71 SCRA 356
Terry v. Ohio, 392 U.S. 1
Camara v. Municipal Court, 387 U.S. 523
i
SEARCHES AND SEIZURES 167
168
LIBERTY OF ABODE AND TRAVEL 169
Purpose
Limitations
7L-45748.
8L-49637.
9L-46466.
"L-49130, Resolution of Nov. 2, 1978.
LIBERTY OF ABODE AND TRAVEL 173
Supra.
177 SCRA 669.
LIBERTY OF ABODE AND TRAVEL 175
Suggested Reading:
FREEDOM OF RELIGION
176
FREEDOM OF RELIGION -177
Religion
Supra.
People v. Fernandez, C.A. G.R. No. L-1128 (1945).
186 CONSTITUTIONAL LAW
22 96 Phil. 417.
23 51 Phil. 420.
24 Cantwell v. Connecticut, infra.
188 CONSTITUTIONAL LAW
27 66 U.S. 276.
FREEDOM OF RELIGION 191
here, we remain mindful of the fact that the latter occupy a pre
ferred position.
io 1 Phil. 386.
Tolentino v. Sec. of Finance, 235 SCRA 630.
192 CONSTITUTIONAL LAW
Supra.
FREEDOM OF RELIGION 193
Religious Tests
Suggested Reading:
34 38 O.G. 1676.
198 CONSTITUTIONAL LAW
FREEDOM OF EXPRESSION
Importance
199
200 CONSTITUTIONAL LAW
When men have realized that time has upset many fight
ingfaiths, they may come to believe, more than they believe the
very foundations of their own conduct, that the ultimate good
desired is better reached by a free trade in ideas—that the best
test of truth is the power of the thought to get itself accepted in
the competition ofthe market; and that truth is the only ground
upon which their wishes safely can be carried out. That, at any
rate, is the theory ofour Constitution. It is an experiment, as all
life is an experiment. Every year, if not every day, we have to
wager our salvation upon some prophecy based upon imperfect
knowledge. While that experiment is part of our system I think
that we should be eternally vigilant against attempts to check
I
FREEDOM OF EXPRESSION 201
Scope
Modes of Expression
Elements
,3 27 SCRA 835.
13a Art. VIII, Sec. 10, 1935 Constitution.
I3b 259 SCRA 529.
FREEDOM OF EXPRESSION 207
14 73 Phil. 408.
15 80 Phil. 71.
208 CONSTITUTIONAL LAW
16 36 SCRA 228.
" Supra.
FREEDOM OF EXPRESSION 209
207 SCRA 1.
210 CONSTITUTIONAL LAW
I realize only too well that the ideas that may be conveyed
by the prohibited media advertisements will mostly be exaggera
tions or distortions or plain poppycock and may intrude upon our
patience. We may indeed be opening a Pandora's box. But these
are unavoidable in the free society. As part ofthe larger picture,
these impositions are only minor irritations that, placed in
proper perspective, should not justify the withdrawal of the
great and inalienable liberty that is the bedrock ofthis Republic.
It is best to remember in this regard that freedom of expression
FREEDOM OF EXPRESSION 211
exists not only for the thought that agrees with us, to para
phrase Justice Holmes, but also for the thought that we abhor.
I submit that all the channels of communication should be
kept open to insure the widest dissemination of information bear
ing on the forthcoming elections. An uninformed electorate is not
likely to be circumspect in the choice of the officials who will repre
sent them in the councils of government. That they may exercise
their suffrages wisely, it is important that they be apprised of the
election issues, including the credentials, if any, of the various as
pirants for public office.This is especially necessary now in view of
the dismaying number of mediocrities who, by an incredible aber
ration of ego, are relying on their money, or their tinsel popularity,
or their private armies, to give them the plume of victory.
' Supra.
207 SCRA 713.
212 CONSTITUTIONAL LAW
Supra.
274 U.S. 357.
FREEDOM OF EXPRESSION 217
31 SCRA 731.
125 SCRA 553.
Supra.
218 CONSTITUTIONAL LAW
31 Supra.
32 126 SCRA 233.
31* 488 SCRA 226.
220 CONSTITUTIONAL LAW
"It is said that this manifesto was more than a theory, that
it was an incitement. Every idea is an incitement. It offers itself
for beliefs, and if believed, it is acted on unless some other belief
out-weighs it, or some failure of energy stifles the movement at
its birth. The only difference between the expression of an opin
ion and an incitement in the narrower sense is the speaker's en
thusiasm for the result. Eloquence may set fire to reason. But
34 45 Phil. 599.
35 268 U.S. 652.
222 CONSTITUTIONAL LAW
—
FREEDOM OF EXPRESSION 223
37 37 Phil. 731.
224 CONSTITUTIONAL LAW
43 46 O.G. 2570.
44 Yap v. Beltran, 53 O.G. 347.
44a G.R. No. 68635, March 12, 1987.
** A.M. No. 90-4-1545-0, April 17,1990.
"Not including Justices Cruz and Sarmiento, who dissented.
228 CONSTITUTIONAL LAW
45 45 Phil. 352.
46 97 Phil. 418.
230 CONSTITUTIONAL LAW
50 37 L. ed. 2d 419.
500 Supra.
232 CONSTITUTIONAL LAW
50b o
Supra.
50c Supra.
81 99 Phil. 346.
FREEDOM OF EXPRESSION 233
Supra.
G.R. No. 68273, August 18,1984.
234 CONSTITUTIONAL LAW
arte Field will yield it to the rallyists. Supposing the owner denies
the use of the field, what then are the rallyists supposed to do?
(1) Tests
MB.P. 880.
55 229 U.S. 353.
236 CONSTITUTIONAL LAW
57 Phil. 255.
FREEDOM OF EXPRESSION 237
47 7 Phil. 422.
238 CONSTITUTIONAL LAW
61 51 SCRA 189.
FREEDOM OF EXPRESSION 241
Right of Association
6U 124 SCRA 1.
61b 175 SCRA 686.
FREEDOM OF EXPRESSION 243
48 SCRA 382.
244 CONSTITUTIONAL LAW
63 59 SCRA 54.
FREEDOM OF EXPRESSION 245
compel them to join. Republic Act No. 3350, therefore, does not
violate the constitutional provision on freedom of association.
70 71 SCRA 14.
FREEDOM OF EXPRESSION 249
tions. Thus, one of the reasons that prompted the revision of the
old GSIS law (C.A. No. 186, as amended) was the necessity to
preserve at all times the actuarial solvency of the funds adminis
tered by the System' [second whereas Clause, P.D. No. 1146.]
Consequently, as respondent himself admits, the GSIS 'is not
supposed to grant clean loans' [Comment, p. 81. It is therefore
the legitimate concern of the public to ensure that these funds
are managed properly with the end in the view of maximizing
the benefits that accrue to the insured government employees.
Moreover, the supposed borrowers were Members of the defunct
Batasang Pambansa who themselves appropriated funds for the
GSIS and were therefore expected to be the first to see to it that
the GSIS performed its tasks with the greatest degree of fidelity
and that all its transactions were above board.
In sum, the public nature of the loanable funds of the GSIS
and the public office held by the alleged borrowers make the in
formation sought clearly a matter of public interest and concern.
Laws must come out in the open in the clear light of the sun
instead of skulking in the shadows with their dark, deep secrets.
Mysterious pronouncements and rumored rules cannot be recog
nized as binding unless their existence and contents are confirmed
>by a valid publication intended to make full disclosure and give pro
per notice to the people. The furtive law is like a scabbarded saber
that cannot feint, parry or cut unless the naked blade is drawn.
Suggested Reading:
J
FREEDOM OF EXPRESSION 255
Impairment
Cannot bargain PP
9Manila Trading Co. v. Reyes, 62 Phil. 461.
10 HomeBldg. and Loan Assn. v. Blaisdell, 290 U.S. 398.
11 Supra.
260 CONSTITUTIONAL LAW
law, during which the creditor could not enforce his claim.
Finally, during the moratorium, all the rights of the credi
tors were suspended, including the right to collect interest
on the principal of the loan as long as it remained unpaid.
The Court noted that in the United States, the usual pe
riod of moratorium did not extend beyond two years and
during this period all the rights of the creditor, except only
the right to collect the principal of the loan, were contin
ued in force.
In Ilusorio v. Court of Agrarian Relations?4 the issue
was whether a pre-existing share tenancy contract could
Convert sharebe validly converted by the tenants into leasehold tenancy
tenancy in accordance with the provisions of a subsequent law. The
Supreme Court held this was allowed because—
The prohibition contained in constitutional provisions
against impairing the obligation of contracts is not an absolute one
and is not to be read with literal exactness like a mathematical
formula. Such provisionsare restricted to contracts with respect to
property, or some object of value, and conferrights which may be
asserted in a court of justice, and have no application to statutes
relating to public subjectswithin the domain ofthe general legisla
tive powers of the State, and involving the publicright and public
welfare of the entire community affected by it. They do not prevent
proper exercise by the State of its police powers. By enacting
regulations reasonably necessary to secure the health, safety,
morals, comfort, or general welfare of the community, even the
contracts may thereby be affected; for such matter cannot be
placed by contract beyond the powerof the State to regulate and
control them. (Ongsiako vs. Gamboa, et al., 86 Phil. 50.)
"'Supra.
18125 SCRA 697.
17123 SCRA 713.
THE IMPAIRMENT CLAUSE 263
Suggested Reading:
266
EX POST FACTO LAWS 267
(2) Characteristics
4 99 Phil. 934.
41128 SCRA 383.
4b Nunez v. Sandiganbayan, 111 SCRA 433.
Mekin v. Wolfe, supra.
EX POST FACTO LAWS 269
Supra.
120 SCRA 659.
180 SCRA 540.
EX POST FACTO LAWS 271
Bill of Attainder
(1) Characteristics
13 4 Wall. 333.
M4 Wall. 277.
15 341 U.S. 717.
274 CONSTITUTIONAL LAW
Suggested Reading:
People v. Ferrer, 43 SCRA 382
People v. Vilo, O.G. 2517
U.S. v. Gomez Coronel, 12 Phil. 279
U.S. v. Lovett, 323 U.S. 303
Garner v. Board of Public Works of Los Angeles,
341 U.S. 717
Katigbak v. Solicitor General, 180 SCRA 540
Chapter 16
275
276 CONSTITUTIONAL LAW
Debt
Crime
5Supra.
278 CONSTITUTIONAL LAW
Poll Tax
old cedula tax whose appeal was pending at the time of the
inclusion of the above rule in the 1935 Constitution.
Suggested Reading:
INVOLUNTARY SERVITUDE
Definition
280
INVOLUNTARYSERVITUDE 281
Exceptions
8 38 O.G. 1676.
6165 U.S. 275.
731 Phil. 245.
845 O.G.Supp. No. 9, p. 147.
INVOLUNTARYSERVITUDE 283
Application
Suggested Reading:
U.S. v. Pompeya, 31 Phil. 245
Pollock v. Williams, 322 U.S. 4
Chapter 18
When Available
285
286 CONSTITUTIONAL LAW
Procedure
for habeas corpus is filed and the court finds the petition in
proper form, it will issue the writ as a matter of course,
ordering the production of the person allegedly detained
and requiring the respondent to justify the detention. Only
where the return of the respondent shows that the person
in custody is being held for a crime covered by the procla
mation suspending the privilege of the writ of habeas cor
pus and in a place where it is effective will the court dis
miss the petition. In all other cases, it will continue the
proceedings to determine the validity of the person's de
tention.
At that, suspension of the privilege itself is the excep
tion and not the rule, the rule being the affirmation and
not the limitation of liberty. Article III, Section 15, pro
vides that "the privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion,
when the public safety requires if The language is nega
tive, the limitation precise. In the absence of the excep
tional conditions mentioned, the privilege of the writ of
habeas corpus may not be suspended and the individual
shall be entitled to the full protection of the writ against
any attempt to restrain him.
8 91 Phil. 882.
9 5 Phil. 87.
10 42 SCRA 448.
290 CONSTITUTIONAL LAW
296
SPEEDY DISPOSITION OF CASES 297
Suggested Reading:
Conde v. Rivera, 45 Phil. 650
Flores v. People, 61 SCRA 331
Chapter 20
299
300 CONSTITUTIONAL LAW
Self-incrimination
(1) Scope
24 SCRA 663.
J
RIGHTS OF THE ACCUSED 311
(3) Waiver
Custodial Investigation
Sec. 12.(1) Any person under investigation for the com
mission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford
the services ofcounsel, he must be provided withone. These rights
cannotbe waived exceptin writing and in the presenceofcounsel.
(2) No torture, force, violence, threat, intimidation, or
any other means whichvitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in evidence
against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and rehabili
tation of victims of torture or similar practices, and their fami
lies.
the police may not question him. The mere fact that he may
have answered some questions or volunteered some statements
on his own does not deprive him of the right to refrain from an
swering any further inquiries until he has consulted with an at
torney and thereafter consents to be questioned.
60 41 SCRA 3.
^ 358 SCRA 564.
RIGHTS OF THE ACCUSED 325
-jS&J
RIGHTS OF THE ACCUSED 327
Right to be Heard
M
RIGHTS OF THE ACCUSED 331
•IS
RIGHTS OF THE ACCUSED 333
69 SCRA 144.
M125 SCRA734.
904 372 SCRA50.
91 122 SCRA409.
RIGHTS OF THE ACCUSED 335
The Trial
96a
Gutierrez v. Santos, supra.
Fernandez v. Presbitero, 79 SCRA 61.
90 SCRA 16.
142 SCRA 295.
,'iS
RIGHTS OF THE ACCUSED 339
45 Phil. 650.
•$
RIGHTS OF THE ACCUSED 341
poor woman to obtain justice. On the one hand has been the peti
tioner, of humble station, without resources, but fortunately as
sisted by a persistent lawyer, while on the other hand has been the
Government of the Philippine Islands which should be the last to
set an example of delay and oppression in the administration of
justice. The Court is thus under a moral and legal obligation to see
that these proceedings come to an end and that the accused is dis
charged from the custody of the law.
We lay down the legal proposition that, where a prosecuting
officer, without good cause, secures postponements of the trial of a
defendant against his protest beyond a reasonable period of time,
as in this instance for more than a year, the accused is entitled to
relief by a proceeding in mandamus to compel a dismissal of the
information, or if he be restrained of his liberty, by habeas corpus
to obtain his freedom. (16 C.J. 439 et seq.; In the matter of Ford
[1911], 160 Cal., 334; U.S. vs. Fox [1880], Montana, 512. See fur
ther our previous decision in Conde vs. Judge of First Instance,
FourteenthJudicial District, and the Provincial Fiscal ofTayabas,
No. 21236.)
Supra.
342 CONSTITUTIONAL LAW
case, the ends ofjustice and fairness would be served thereby' are
more important than a race to end the trial.
.-.vtf
RIGHTS OF THE ACCUSED 345
:.„JM
RIGHTS OF THE ACCUSED 347
Compulsory Process
and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
~u
RIGHTS OF THE ACCUSED 353
1Supra.
RIGHTS OF THE ACCUSED 355
92 Phil. 906.
356 CONSTITUTIONAL LAW
It may seem paradoxical, but the truth is that the codal pro
vision in question, inauthorizing the imposition of unequal fines,
aims precisely atequality before the law. Since a fine is imposed
as penalty and not as payment for a specific loss orinjury, and
since itslightness orseverity depends upon the culprit's wealth or
means, it is only just and proper that the latter be taken into ac
count in fixing the amount. To an indigent laborer, for instance,
earning P1.50 a day or about P36 a month, a fine ofP10 would
undoubtedly bemore severe than a fine ofP100 to an officeholder
or property owner with a monthly income ofP600. Obviously, to
impose the same amount of a fine for the same offense upon two
persons thus differently circumstanced would be to mete out to
them a penalty of unequal severity and, hence, unjustly discrimi
natory.
74 Phil. 23.
M
RIGHTS OF THE ACCUSED 357
58 Phil. 851.
n
(1) Requisites
tm» ?nhw
tute double ***" hfd *?
jeopardy, al0"g
there mustlinebe:ofcases thatcomplaint
(1) avalid to «™ti-
wwSfrlTf
which the defendant^had hebn
pleaded;a""P-Dt court;he(3Tto
and (4) ofwhich had
beenpreviously acquitted or convicted or which was dis
missed or otherwise terminated without his express con-
A. Complaint or Information
A prosecution based on an invalid complaint or in-
formabon cannot lead to avalid judgment and hence will
tinn & laCCUSed Under jeopardy- ™us> an infonna-
5 ^k yi ?ros!CUt0r for concubmage is null and void
ZLt? ^ T f and ** same ^e6 e^died in a
S w
tuted 1 f placing
without bf ^ °ffended Sp0Usein can
the accused be **
double insti
jeopardy.
Where the original information is defective and the case is
d.smissed on motion of the accused, it may be validhZ
wZ^ ^ 61ingconsent
wifliout the express °f a00™ctod formation
of the accused, ButTf,
the informa-
,s„"«t tSnUf1 °" "? gmmd *»*ft is defectiv« when it
liwl
allegation m-,f ' an°therdouble
will constitute Prosecuti°n based on the same
jeopardy.™
B. Competent Court
C. Valid Plea
D. Termination of Case
wound would have caused the death of the victim. (People vs. Pa-
dios, 97 Phil. 19,21-22)
As already stated, after the accused Pilpa had entered his
plea, the case was terminated. The question is whether the termi
nation of the case was without his express consent and is a bar to
his prosecution for frustrated murder under the second informa
tion.
We hold that the oral manifestation at the hearing made by
the counsel of the accused that he had no objection to the dismissal
of the case was equivalent to a declaration of conformity to its
dismissal or to an express consent to its termination within the
meaningof Section 9 of Rule 117. He couldnot thereafter revoke
that conformity since the court had already acted upon it by
dismissing the case. He was bound by his counsel's assent to the
dismissal. (People v. Romero, 89 Phil. 672; People vs. Obsania, L-
24447, June 29,1968, 23 SCRA 1249,1269-70)
1) Appeal of Prosecution
RIGHTS OF THE ACCUSED 365
2) Crimes Covered
M
RIGHTS OF THE ACCUSED 371
Our Bill of Rights deals with two (2) kinds of double jeop
ardy. The first sentence of clause 20, Section 1, Article III of the
Constitution, ordains that no person shall be twice put in jeop
ardy of punishment for the same offense. The second sentence of
said clause provides that if an act is punished by a law and an
ordinance, conviction, or acquittal under either shall constitute a
bar to another prosecution for the same act. Thus, the first sen
tence prohibits double jeopardy of punishment for the same of
fense, whereas the second contemplates double jeopardy of pun-
ishment for the same act. Under thefirst sentence, one may be
twice put in jeopardy of punishment of the same act, provided
that heis charged with different offenses, ortheoffense charged
in one case is not included in, or does not include, the crime
charged in ttie other case. The second sentence applies, even if
the offenses charged are notthe same, owing to the fact that one
constitutes a violation of an ordinance and the other' a violation
of a statute. If the two charges are based on one and the same
act, conviction or acquittal under either the law or the ordinance
shall bar a prosecution under the other. Incidentally, such con
viction or acquittal is not indispensable to sustain the plea of
double jeopardy ofpunishment for the same offense. So long as
jeopardy has attached under one of the informations charging
said offense, the defense may be availed of in the other case in
volving the same offense, even if there has been neither convic
tion nor acquittal in either case.
that the second sentence was inserted precisely for the purpose
of extending the constitutional protection against double jeop
ardy to a situation which would not otherwise be covered by the
first sentence.
Suggested Reading:
Martelino v. Alejandrino, 32 SCRA 106
Chavez v. Court ofAppeals, 24 SCRA663
De la Camara v. Enage, 41 SCRA 3
Borja v. Mendoza, 77 SCRA 422
Draculan v. Donate, 85 SCRA 266
Aquino v. Military Commission No. 2,63 SCRA546
Louisiana v. Resweber, 329 U.S. 459
•People v. Obsania, 23 SCRA 766
Melo v. People, 85 Phil. 766
People v. Adil, 76 SCRA 462
People v. City Court of Manila, 121 SCRA637
Salonga v. Pano, 134 SCRA 438
Carredo v. People, 183 SCRA 273
Chapter 21
375
Chapter 22
376
.M
CITIZENS OF THE PHILIPPINES 377
A. Procedure
11 Sec. 2, id.
12 Ibid.
384 CONSTITUTIONAL LAW
13 Sec. 4, id.
14 Sec. 12, id.
18 R.A. No. 530.
CITIZENS OF THE PHILIPPINES 385
16 Ibid.
"Id.
18 Sec. 15, C.A. No. 473.
19 Ibid.
"Id.
386 CONSTITUTIONAL LAW
Mixed Marriages
21 Id.
22 Sec. 18, C.A. No. 473.
CITIZENS OF THE PHILIPPINES 387
23 41 SCRA 292.
CITIZENS OF THE PHILIPPINES 389
Dual Citizenship
Dual citizenship is now recognized in this country
and allows natural-born Filipinos to enjoy the rights
they used to enjoy here before they acquired a new citi
zenship abroad. Under R.A. No. 9225, such former Fili
pinos may re-acquire their Philippine citizenship by
simply taking the prescribed oath of allegiance to the
Philippines, which oath does not require the usual re
jection of allegiance to any and all other foreign states.
This privilege is also available to natural-born Filipinos
who are naturalized after the effectivity of the law in
2003 and are allowed to retain their Philippine citizen
ship. The unmarried minor children of those natural-
born Filipinos who reacquire or retain their Philippine
citizenship despite their naturalization in another coun
try will also be considered citizens of this country.
Enjoyment of the status of dual citizen will depend on
the willingness of the foreign country to share the allegiance
of the naturalized Filipino with the Philippines. If the
adopted country demands total allegiance from its nation
als, including the naturalized Filipinos, then the latter must
make a crucial choice between the country he has deserted
and the greener pastures of his adopted land. If he intends
to run for pubhc office or accept an appointive pubhc office
in the Philippines, then his oath ofallegiance to this country
must contain a rejection of all other countries, in which case
he cannot be, or shall cease to be, a dual citizen.
•^
Natural-born Citizens
Dual Allegiance
-0O0-
APPENDICES
APPENDIX A
THE
1987
CONSTITUTION
OF THE
REPUBLIC OF THE PHILIPPINES
PREAMBLE
ARTICLE I
NATIONAL TERRITORY
397
398 CONSTITUTIONAL LAW
ARTICLE II
PRINCIPLES
STATE POLICIES
•m
APPENDIX A 399
and free the people from poverty through policies that provide ade
quate social services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Sec. 10. The State shall promote social justice in all phases
of national development.
Sec. 11. The state values the dignity of every human person
and guarantees full respect for human rights.
Sec. 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 civil efficiency and the
development of moral character shall receive the support of the
Government.
Sec. 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.
Sec. 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law
of women and men.
Sec. 15. The State shall protect and promote the right to
health of the people and instill health consciousness among them.
Sec. 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.
Sec. 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.
Sec. 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their wel
fare.
Sec. 19. The State shall develop a self-reliant and independ
ent national economy effectively controlled by Filipinos.
Sec. 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides incen
tives to needed investments.
400 CONSTITUTIONAL LAW
ARTICLE HI
BILL OF RIGHTS
Sec. 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless for compelling reasons involving heinous
crimes, the Congress hereafter, provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of substan
dard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.
Sec. 20. No person shall be imprisoned for debt or non
payment of a poll tax.
Sec. 21. No person shall be twice put in jeopardy of punish
ment for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.
Sec. 22. No ex post facto law or bill of attainder shall be en
acted.
ARTICLE IV
CITIZENSHIP
ARTICLE V
SUFFRAGE
ARTICLE VI
nage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government.
(3) Charitable institutions, churches and parsonages or con
vents appurtenant thereto, mosques, non-profit cemeteries, and all
lands, buildings, and improvements, actually, directly, and exclu
sively used for religious, charitable, or educational purposes shall be
exempt from taxation.
(4) No law granting any tax exemption shall be passed with
out the concurrence of a majority of all the Members of the Con
gress.
ARTICLE VII
EXECUTIVE DEPARTMENT
Sec. 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
Sec. 18. The President shall be the Commander-in-Chief of
all armed forces of the Philippines and whenever it becomes neces
sary, he may call out such armed forces to prevent or suppress law
less violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not exceed
ing 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 sus
pension 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 proclama
tion 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 procla
mation of martial law or the suspension of the privilege of the writ
or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction
on military courts and agencies over civilians where civil courts are
able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.
During the suspension of the privilege of the writ, any person
thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
Sec. 19. Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves, com-
418 CONSTITUTIONAL LAW
mutations, and pardons, and remit fines and forfeitures, after con
viction by final judgment.
He shall also have the power to grant amnesty with the con
currence ofa majority ofall the Members ofthe Congress.
Sec. 20. The President may contract or guarantee foreign
loans on behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject to such limitations
as may be provided by law. The Monetary Board shall, within thirty
days from the end ofevery quarter of the calendar year, submit to
the Congress a complete report of its decisions on applications for
loans to be contracted or guaranteed by the Government orgovern
ment-owned and controlled corporations which would have the effect
of increasing the foreign debt, and containing other matters as may
be provided by law.
Sec. 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.
Sec. 22. The President shall submit to the Congress within
thirty days from the opening ofevery regular session, as the basis of
the general appropriations bill, a budget ofexpenditures and sources
offinancing, including receipts from existing and proposed revenue
measures.
ARTICLE VIII
JUDICIAL DEPARTMENT
not deprive the Supreme Court of its jurisdiction over cases enumer
ated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it un-
der-mines the security of tenure of its Members.
Sec. 3. The Judiciary shall enjoy fiscal autonomy. Appropria
tions 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.
Sec. 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 divisions of three, five, or seven Members. Any vacancy
shall be filled within ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty, inter
national 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 de
crees, 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.
(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.
Sec. 5. The Supreme Court shall have the following powers:
Sec. 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 EC
CONSTITUTIONAL COMMISSIONS
A COMMON PROVISIONS
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
AUTONOMOUS REGIONS
J
APPENDIX A 433
Houses, pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
Sec. 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.
ARTICLE XI
Sec. 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.
Sec. 11. The Ombudsman and his Deputies shall serve for a
term ofseven years without reappointment. They shall not be quali
fied to run forany office in the election immediately succeeding their
cessation from office.
Sec. 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 gov
ernment-owned or controlled corporations, and shall, in appropriate
436 CONSTITUTIONAL LAW
cases, notify the complainants of the action taken and the result
thereof.
Sec. 13. The Office of the Ombudsman shall have the follow
ing powers, functions, and duties:
(1) Investigateon 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.
ARTICLE XII
In the pursuit of these goals, all sectors of the economy and all
regions of the country shall be given optimum opportunity to de
velop. Private enterprises, including corporations, cooperatives, and
similar collective organizations, shall be encouraged to broaden the
base of their ownership.
Sec. 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 natu
ral resources are owned by the State. With the exception of agricul
tural 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 ofthe State. TheState may
directly undertake such activities, or it mayenter into co-production,
joint venture, or production-sharing agreements with Filipino citi
zens, or corporations or associations at least sixty per centum of
whose capital is owned bysuchcitizens. Suchagreements may befor
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 archi
pelagic waters, territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino citizens.
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 agree
ments, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract en
tered into in accordance with this provision, within thirty days from
its execution.
I
APPENDLX A 439
—*.•
APPENDIX A 441
ARTICLE XIII
LABOR
Sec. 9. The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a continuing
program of urban land reform and housing which will make avail
able 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.
Sec. 10. Urban or rural poor dwellers shall not be evicted nor
their dwellings demolished, except in accordance with law and in a
just and humane manner.
No resettlement of urban or rural dwellers shall be under
taken without adequate consultation with them and the communi
ties where they are to be relocated.
HEALTH
WOMEN
Sec. 15. The State shall respect the role of independent peo
ple'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.
Sec. 16. The right ofthe people and their organizations to ef
fective 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
ARTICLE XIV
EDUCATION
LANGUAGE
SPORTS
Sec. 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
ARTICLE XVI
GENERAL PROVISIONS
ARTICLE XVII
AMENDMENTS OR REVISIONS
I
APPENDIX A 455
ARTICLE XVIII
TRANSITORY PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 15. The incumbent Members of the Civil Service Commis
sion, the Commission on Elections, and the Commission on Audit shall
continue in office for one year after the ratification of this Constitu
tion, unless they are sooner removed for cause or becomeincapacitated
to discharge the duties of their office or appointed to a new term there
under. In no case shall any Member serve longer than seven years
including service before the ratification of this Constitution.
Sec. 16. Career civil service employees separated from the ser
vice not for cause but as a result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and the reorganization
following the ratification of this Constitution shall be entitled to ap
propriate 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
APPENDIX A 457
Sec. 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.
Sec. 25. After the expiration in 1991 of the Agreement be
tween the Republic of the Philippines and the United States of Amer
ica concerning Military Bases, foreign military bases, troops, or facili
ties shall not be allowed in the Philippines except under a treaty duly
concurred in by the Senate and, when the Congress so requires, rati
fied by a majority of the votes cast by the people in a national referen
dum held for that purpose, and recognized as a treaty by the other
contracting State.
Sec. 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 ratificationofthis Constitution. However, in
the national interest, as certified by the President, the Congress may
extend said period.
A sequestration or freeze ordershall be issued only upon show
ing of a prima facie case. The order and the list ofthe sequestered or
frozen properties shall forthwith be registered with the proper court.
Fororders issued before the ratification ofthis Constitution, the corre
sponding judicial action or proceedingshall be filed within six months
from its ratification. For those issued after such ratification, thejudi
cial action or proceeding shall be commenced within six months from
the issuance thereof.
The sequestration or freeze orderis deemed automatically lifted
ifnojudicial action orproceeding is commenced as herein provided.
Sec. 27. This Constitution shall take effect immediately upon
its ratification by a majority of the votes cast in a plebiscite held for
the purpose and shall supersede all previous Constitutions.
Theforegoing proposed Constitution ofthe Republic ofthe Phil
ippines was approved by the Constitutional Commission of 1986 on
the twelfth day of October Nineteen hundred and eighty-six, and
accordingly signed on the fifteenth day of October Nineteen hundred
and eighty-six at the Plenary Hall, National Government Center,
Quezon City, by the Commissioners whose signatures are hereunder
affixed. Adopted,
APPENDIX A 459
Ambrosio B. Padilla
Vice-President
Napoleon G. Rama
Floor Leader
Attested by:
ORDINANCE
REGION I
APPENDIX A 463
ILOCOS NORTE with Laoag City, two (2)—First District: Laoag City
and the Municipalities of Bacarra, Bangui, Burgos, Pagudpud,
Pasuquin, Piddig, Sarrat, Vintar, Adams, Carasi, and Dumal-
neg; Second District: Municipalities of Badoc, Batac, Currimao,
Dingras, Espiritu, Marcos, Nueva Era, Paoay, Pinili, San Nico
las, and Solsona.
ILOCOS SUR, two (2)—First District: Municipalities of Bantay,
Cabugao, Caoayan, Magsingal, San Ildefonso, San Juan, San
Vicente, Santa Catalina, Santo Domingo, Sinait, and Vigan; Sec
ond District: Municipalities of Alilem, Banayoyo, Burgos, Can-
don, Cervantes, Galimuyod, Gregorio del Pilar, Lidlidda, Nag-
bukel, Narvacan, Quirino, Salcedo, San Emilio, San Esteban,
Santa, Santa Cruz, Santa Lucia, Santa Maria, Santiago, Suyo,
Tagudin, Sigay, and Sugpon.
LA UNION, two (2)—First District: Municipalities of Bacnotan,
Balaoan, Bangar, Luna, San Fernando, San Gabriel, San Juan,
Santol, and Sudipen; Second District: Municipalities of Agoo, Ar-
ingay, Bagulin, Bauang, Burgos, Caba, Naguilian, Pugo,
Rosario, Santo Tomas, and Tubao.
MOUNTAIN PROVINCE, one (1)
PANGASINAN with the Cities of Dagupan and San Carlos, six (6)—
First District: Municipalities of Bolinao, Bani, Agno, Burgos,
Dasol, Infanta, Mabini, Alaminos, Anda and Sual; SecondDis
trict: Municipalities of Labrador, Lingayen, Bugallon, Aguilar,
Mangatarem, Binmaley, Urbiztondo and Basista; Third Dis
trict: San Carlos City, and the Municipalities of Malasiqui, Ba-
yambang, Calasiao, Mapandan, and Sta. Barbara; Fourth Dis
trict: Dagupan City and the Municipalities of Mangaldan, San
Fabian, San Jacinto, and Manaoag, Fifth District: Municipali
ties of Binalonan, Laoac, Urdaneta, Villasis, Sison, Pozorrubio,
Bautista, Alcala, and Sto. Tomas; Sixth District: Municipalities
of Rosales, Asingan, Balungao, Sta. Maria, Umingan, San
Quintin, Natividad, Tayug, San Nicolas, and San Manuel.
REGION II
REGION IH
REGION IV
REGION V
REGION VI
REGION Vn
REGION VHI
REGION DC
REGION X
AGUSAN DEL NORTE, with the City of Butuan, two (2)—First Dis
trict: Butuan City and the Municipality of Las Nieves; Second
District: Municipalities of Buenavista, Cabadbaran, Carmen,
Jabonga, Kitcharao, Magallanes, Nasipit, Santiago, Tubay, and
Remedios T. Romualdez.
REGION XI
REGION XII
LANAO DEL NORTE with Iligan City, two (2)—First District: Iligan
City, Linamon, Kauswagan, Bacolod, Maigo, Kolambugan, Tubod,
and Baroy, Second District: Baku, Pantar, Tagoloan, Poona-
Piagapo, Pantao-Ragat, Matungao, Tangkal, Munai, Nunungan,
Magsaysay, Salvador, Kapatagan, Karomatan, Sapad, and
Lala.
LANAO DEL SUR with Marawi City, two (2)—First District: Marawi
City and the Municipalities of Marantao, Piagapo, Saguiaran,
Tagoloan, Kapai, Ditsaan-Ramain, Bubong, Buadiposo-Buntong,
Bumbaran, Maguing, Wao, Molundo, Taraka, Lumba-Bayabao,
Poona-Bayabao, Masiu and Tamparan; Second District: Mu
nicipalities of Balindong, Tugaya, Bacolod Grande, Madalum,
Madamba, Pualas, Ganassi, Pagayawan, Sultan Gumander,
Malabang, Balabagan, Kapatagan, Marogong, Tubaran, Bini-
dayan, Lumbatan, Lumbayanague, Butig, Bayang, and Ca-
lanogas.
MAGUINDANAO with Cotabato City, two (2)—First District: Cota-
bato City and the Municipalities of Parang, Sultan Kudarat,
Buldon, Barira, Dinaig, Kabuntalan, Matanog and Upi; Second
District: Municipalities of Pagalungan, Buluan, Sultan sa
Barongis, Maganoy, Talayan, South Upi, Datu Piang, Datu
Paglas, and Ampatuan.
NORTH COTABATO, two (2)—First District: Municipalities of Car
men, Kabacan, Libungan, Midsayap, Pigkawayan, Pikit,
Aleosan, Banisilan, and Alamada; Second District: Municipali-
474 CONSTITUTIONAL LAW
Attested:
APPENDIX B
1973 CONSTITUTION
of the
PREAMBLE
Article I
Article II
DECLARATION OF PRINCD7LES
AND STATE POLICD3S
475
476 CONSTITUTIONAL LAW
Article III
CITIZENSHIP
Article IV
BILL OF RIGHTS
SEC. 16. All persons shall have the right to a speedy disposi
tion of their cases before all judicial, quasi-judicial, or administra
tive bodies.
SEC. 17. No person shall be held to answer for a criminal of
fense without due process of law.
SEC. 18. All persons, except those charged with capital of
fenses when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties. Excessive bail shall not be required.
SEC. 19. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the na
ture and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraign
ment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustified.
SEC. 20. No person shall be compelled to be a witness
against himself. Any person under investigation for the commission
of an offense shall have the right to remain silent and to counsel,
and to be informed of such right. No force, violence, threat, intimida
tion, or any other means which vitiates the free will shall be used
against him. Any confession obtained in violation of this section
shall be inadmissible in evidence.
SEC. 21. Excessive fines shall not be imposed, nor cruel or
unusual punishment inflicted.
SEC. 22. No person shall be twice put in jeopardy of pun
ishment for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.
SEC. 23. Free access to the courts shall not be denied to any
person by reason of poverty.
Article V
tution and obey the laws, and to cooperate with the duly constituted
authorities in the attainment and preservation of a just and orderly
society.
SEC. 2. The rights of the individual imposed upon him the
correlative duty to exercise them responsibly and with due regard
for the rights of others.
SEC. 3. It shall be the duty of every citizen to engage in
gainful workto assure himselfand his family a lifeworthy ofhuman
dignity.
SEC. 4. It shall be the obligation of every citizen qualified to
vote to register and cast his vote.
Article VI
SUFFRAGE
Article VII
SEC. 3. A vote for the President shall also be a vote for the
Vice-President running under the same ticket of a political party,
unless otherwise provided by law.
SEC. 4. 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 election for
President, and a resident of the Philippines for at least ten years
immediately preceding such election.
SEC. 5. The President shall be elected by direct vote of the
peoplefor a term of six years which shall begin at noon on the thirti
eth day of June following the day of the election and shall end at
noon of the same date six years thereafter when the term of his
successor shall begin.
The returns of every election for President, duly certified by
the board of canvassers of each provinceor city, shall be transmitted
to the Speaker at the Batasang Pambansa, who shall, not later than
thirty days after the day of the election, and in the presence of the
Batasang Pambansa, open all the certificates, and the votes shall
then be counted.
The person having the highest number of votes shall be pro
claimedelected; but in case two or more shall have an equal and the
highest number of votes, one of them shall forthwith be chosen by a
vote of a majority of all the Members of the Batasang Pambansa in
session assembled.
SEC. 6. If, at the time fixed for the beginning of his term, the
President-elect shall have died, the Vice-President-elect shall be
come President. If a President shall not have been chosen before the
time fixed for the beginning of his term, or if the President shall
have failed to qualify, then the Vice-President shall act as President
until a President shall have qualified. The Batasang Pambansa
shall by law provide for the case wherein neither a President-elect
nor a Vice-President-elect shall have been chosen or shall have
qualified, or both shall have died at the time fixed for the beginning
of their term, declaring who shall then act as President or the man
ner in which one who is to act shall be selected, and such person
shall act accordingly until a President or Vice-President shall have
qualified.
SEC. 7. The President, on assuming office, shall take the fol
lowing oath or affirmation:
482 CONSTITUTIONAL LAW
Article VIII
BATASANG PAMBANSA
next session, otherwise such privilege shall cease upon its failure to
do so. A Member shall not be questioned nor be held liable in any
other place for any speech or debate in the Batasan or in any com
mittee thereof.
SEC. 10. A Member of the Batasang Pambansa shall not
hold any other office or employment in the Government, or any
subdivision, agency or instrumentality thereof, including Govern
ment-owned or controlled corporations, during his tenure except that
of Prime Minister, Deputy Prime Minister, member of the Cabinet,
or Deputy Minister. Neither shall he, during the term for which he
was elected, be appointed to any civil office which may have been
created or the emoluments thereof increased while he was a Member
of the Batasang Pambansa.
SEC. 11. No Member of the Batasang Pambansa shall ap
pear as counsel before any court without appellate jurisdiction,
before any court in any civil case wherein the Government, or any
subdivision, agency or instrumentality thereof is the adverse party,
or in any criminal case wherein any officer or employee of the Gov
ernment is accused of an offense committed in relation to his office,
or before any administrative body. 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 gov
ernment-owned or controlled corporation, during his term of office.
He shall not accept employment to intervene in any cause or matter
where he may be called upon to act on account of his office.
SEC. 12. (1) There shall be a question hour at least once a
month or as often as the Rules of the Batasang Pambansa may
provide, which shall be included in its agenda, during which the
Prime Minister, the Deputy Minister or any Minister may be re
quired to appear and answer questions and interpellations by Mem
bers of the Batasang Pambansa. Written questions shall be submit
ted to the Speaker at least three days before a scheduled question
hour. Interpellation shall not be limited to the written questions, but
may cover matters related thereto. The agenda shall specify the
subjects of the question hour. When the security of the State so
requires and the President so states in writing, the question hour
shall be conducted in executive session.
(2) The Batasang Pambansa or any of its committees may
conduct inquiries in aid of legislation in accordance with its duly
488 CONSTITUTIONAL LAW
Article IX
Article X
THE JUDICIARY
Article XI
LOCAL GOVERNMENT
Article XII
A COMMON PROVISIONS
must not have been candidates for any elective position in the elec
tion immediately preceding their appointment. The Chairman and
the Commissioners shall be appointed by the President for a term of
seven years without reappointment. Of the Commissioners first ap
pointed, one shall hold office for seven years, another for five years,
and the third for three years. Appointment to any vacancy shall be
only for the unexpired portion of the term of the predecessor.
(2) The Commission shall, subject to such limitations as may
be provided by law, establish a career service and adopt measures to
promote morale, efficiency, and integrity in the Civil Service.
SEC 2. Appointments in the Civil Service, except as to those
which are policy-determining, primarily confidential, or highly tech
nical in nature, shall be made only according to merit and fitness, to
be determined as far as practicable by competitive examination.
SEC. 3. No officer or employee in the Civil Service shall be
suspended or dismissed except for cause as provided by law.
SEC. 4. (1) Unless otherwise provided by law, no elective
official shall be eligible for appointment to any office or position
during his tenure, except as Member of the Cabinet.
(2) No candidate who lost in an election shall be eligible for
appointment or reappointment to any office in the government, or in
any government-owned or controlled corporation, within one year
following such election.
SEC. 5. No officer or employee in the Civil Service, including
members of the armed forces, shall engage directly or indirectly in
any partisan political activity or take part in any election except to
vote.
APPENDIX C
PREAMBLE
501
502 CONSTITUTIONAL LAW
Article 1
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
Article 2
Article 3
Everyone has the right to life, liberty and the security of per
son.
Article 4
Article 5
Article 6
Article 7
All are equal before the law and are entitled without any dis
crimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination.
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 26
Article 27
Article 28
Article 29
Article 30
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