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PARTS I TO VI POLITICAL LAW

INTRODUCTION

Basic Principles

A.Definition
 Political Law – Branch of public law which deals
with the organization and operations of the
governmental organs of the state and defines the
relations of the state with the inhabitants of its
territories.
 Politics - The science of government; the art or
practice of administering public affairs
 Government
 Administration - practical management and
direction of the executive department, or of the
public machinery or functions, or of the
operations of the various organs of the sovereign
 Power
 Authority
B. Scope of Political Law Review
 Constitutional Law – Study of the maintenance of
the proper balance between authority as
represented by the 3 inherent powers of the
state and liberty as guaranteed by the Bill of
rights.
 Administrative Law – Branch of public law which
fixes the organization of the government,
determines the competence of the administrative
authorities who executes the law, and indicates
to the individual remedies for the violation of
rights
 Law on Public Officers
 Election Laws
 Local Government
 Public International Law

THE STATE
States
- Group/Community of people, more or less
numerous, living together in a definite territory
under an independent government organized for
political ends and capable of entering into
international relations. Legal concept
- Nation – Racial concept (example arab nation)
- Elements:
1. Permanent population/People – Both sexes
and sufficient in number to maintain and
perpetuate themselves
2. Defined territory – fixed portion of the
surface of the earth in which people of the
state reside, necessary for jurisdictional
reasons, big enough to be self-sufficient and
small enough to be easily administered and
defended.
3. Government – agency through which the will
of the state is formulated, expressed and
realized. Entity to represent people which
maintain order within realm and comply with
responsibilities under the law of nations
4. Sovereignty or independence – external
aspect or manifestation of sovereignty, power
of the state to direct own external affairs
without interference or dictates from other
states. Quicksand on which the foundations of
international law is built.
- Other Elements
5. Recognition by other states – Political act
which may not be compelled.
6. Possession of sufficient degree of civilization
- Creation of State:
1. Revolution - US
2. Unification - Italy
3. Secession - Bangladesh
4. Assertion of independence – Philippines
5. Agreement and attainment of civilization –
Japan
- Origin of State
1. Divine theory – State is created by God and king
is an agent
2. Patriarchal (Sir Henry Maine) –City is
conglomeration of several families which
developed under the control and authority of
the eldest male member. The elementary group
is the family connected by common subjection
to the highest male ascendant. The aggregation
of families forms gens/houses. Houses make
tribes, and tribes constitute commonwealth.
3. Matriarchal (Morgan, Meclennan and Edward
jenks) – Mother was the head since kinship was
established through mother
4. Force theory – wars and aggression by power.
War begot king
5. Social contract theory (Thomas Hobbes, John
Locke, Jean-Jacques Rousseau)
- State came into existence out of contract
between people and sovereign (State of
Nature and Civil Society)
- State of Nature was exchanged with civil
society to lead a regulated life under political
authority
- Men created the government for purpose of
securing their pre-existing natural rights which
comes first (natural law)
Marxician Theory – State is a creation by class-
struggle with help force with passing time,
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society was getting split over hostile classes
with conflicting interests. State became
instrument of domination and oppression of 1
class over the other.
Territory
- Territory - Fixed portion of surface of the earth
in which people of the state reside, necessary
for jurisdiction, big enough to be self-sufficient
and small enough to be administered.
- Acquisition
o Discovery and Occupation
 Original mode of acquisition by which
territory not belonging to any state or terra
nullius is placed under the sovereignty of
discovering state
 May be uninhabited or habited by natives
with rights of habitation only
 Open seas and outer space is res communes
– not susceptible to discovery and
occupation
 Requisites
1. Possession – formal declaration and
symbolic act of raising of national flag.
Inchoate title of discovery pending
compliance to administration. Inchoate
title of discovery bars other states from
entering territory until lapse of
reasonable period within which
discovering state may establish a
settlement thereon and commence to
administer it.
2. Administration
o Prescription
o Cession
o Subjugation
o Accretion – based on Accessio cedat principali
– accomplished either natural or artificial as
by gradual and imperceptible deposit of soil
on the coast
- Loss
o Abandonment
o Dereliction
 State exercising sovereignty over it
physically withdraws from it with the
intention of abandoning it altogether
 2 Conditions to concur:
1. Act of withdrawal
2. Intention to abandon
o Cession – method by which territory is
transferred from one state to another by
agreement between them. Essentially
consensual, effected by meeting of the minds
and does not have to bide the actual delivery
o Subjugation – having previously conquered in
the course of war, it is formally annexed to it
at the end of that war. Conquest only confers
inchoate right, it needs formal act of
annexation
o Prescription – no rule yet, but takes longer
than that provided under municipal law
o Erosion
o Revolution
o Natural causes
- Components of territory
1. Terrestrial Domain – refers to land mass
which may be integrate, or dismembered,
several islands.
2. Maritime and Fluvial Domain – composed of
bodies of water within the land mass and

the waters adjacent to the coasts of the
state up to specified limit, including internal
waters in land locked lakes, rivers,
a. Rivers
 Classification
o National – situated completely in the
territory of one state. Ex: Pasig River
o Multi-national – flow to different
states. Ex: Mekong River
o International – Navigable from open
sea and open to use of vessels from
all states. Ex: Danube River
o Boundary – divide the territories of
riparian state. Ex: St Lawrence River.
Bound by Thalweg Doctrine:
Boundary line is laid on the center,
not of the river itself but of its main
channel, dividing line follows the new
course in case of accretion or
erosion. If avulsion, boundary
remains the same.
b. Bays – well-marked indentation whose
penetration is in such proportion to the
width of its mouth as to contain land-
locked waters and constitute more than
mere curvature of coast. If low-water
marks have distance of not more than 24
miles, considered internal waters if
enclosed in the closing line drawn from
these low-water marks. Exception:
Historic Bays
c. Territorial sea – belt of water adjacent to
the coasts of state, excluding the internal
waters in bays and gulfs, over which the
state claims sovereignty and jurisdiction.
Traditionally, reckoned 3 nautical miles
from low-water mark
3. Aerial Domain – airspace above the
terrestrial domain and maritime and fluvial
domain to an unlimited altitude but not
including outer space.
- UN Conference on Law of the Sea
o Geneva (1958) – adopted Convention on
Territorial Sea and Contiguous Zone,
Convention on High Seas and Convention on
Fishing and Living Resources of High Seas,
Convention on the Continental Shelf
o Geneva (1960) –
o Jamaica, UN (1970) – Adopted new
Convention on the Law of the Sea – provides
the 12 miles for territorial sea, contiguous
zone from outer limits, and an economic zone
or patrimonial sea extending 2 hundred miles
from low-water mark of coastal state
- Philippine Territorial Sea
o Based on treaty limits theory (international
law should recognize historic title to territorial
waters as it recognizes historic bays)
- Archipelagic Doctrine – as stated in Art I sec 1
o All islands are considered one integrated
whole, instead of fragmented (which will
make the territorial seas in between as high
seas)
o Archipelago – group of islands, including parts
of islands, interconnecting waters and other
natural features which are so closely
interrelated that such islands, graphical,
economic and political entity or which
historically have been regarded as such
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o Embodied in 1982 Convention on the Law of
the Sea, with modification that archipelagic
sealanes shall be designated over the internal
waters through which foreign vessel shall have
the right of passage
- Basis of Article I, 1987
o RA 3046 as amended by RA 5446
 All waters within the limits set forth in the
Treaty of Paris (Dec 10, 1898) and Treaty of
Washington, and Treaty of US and GB, have
always been part of territory of Philippines
 All the waters around, between and
connecting the islands, irrespective of width
or dimension, have always been considered
as necessary appurtenances of the land,
forming inland or internal waters
 All waters beyond the outermost island but
within the limits of the boundaries
comprise the territorial sea
 Baselines from which territorial sea is
determined is consist of straight lines
joining appropriate points of the outermost
islands
 Without prejudice to North Borneo
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 III Treaty of Paris, 1898
Spain cedes to the United States the archipelago
known as the Philippine Islands, for ($20,000,000)
payable within three months after the exchange of
the ratifications of the present treaty.
Nov 7 1900- Treaty of Washington (US-Spain Treaty)
Spain relinquishes to the United States all title and
claim of title, which she may have had at the time of
the conclusion of the Treaty of Peace of Paris, to any
and all islands belonging to the Philippine
Archipelago, lying outside the lines described in
Article III of that Treaty and particularly to the islands
of Cagayan, Sulu and Sibutu and their dependencies,
and agrees that all such islands shall be
comprehended in the cession of the Archipelago as
fully as if they had been expressly included within
those lines for ($100,000) within six months after the
exchange of the ratifications of the present treaty.
Jan 2, 1930 – Treaty of Great Britain
Delimiting definitely the boundary between the
Philippine Archipelago and the State of North Borneo
which is under British protection. All islands to the
north and east of the said line (Turtle and Mangsee
Groups)
1935 Constitution (Batanes)
Article I.—THE NATIONAL TERRITORY

Section 1. The Philippines comprises all the territory
ceded to the United States by the treaty of Paris
concluded between the United States and Spain,
together with all the islands embraced in the treaty
concluded at Washington, between the United
States and Spain and in the treaty concluded
between the United States and Great Britain and all
territory over which the present Government of the
Philippine Islands exercises jurisdiction.
1973 Constitution
Article I.—THE NATIONAL TERRITORY
SECTION 1. The national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, and all the other
territories belonging to the Philippines by historic
right or legal title, including the territorial sea, the air
space, the subsoil, the sea-bed, the insular shelves,
and the other submarine areas over which the
Philippines has sovereignty or jurisdiction. The
waters around, between, and connecting the islands
of the archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the
Philippines.
RA 3046 AN ACT DEFINE THE BASELINES OF THE
TERRITORIAL SEA OF THE PHILIPPINES
- All the waters within the limits
- inland or internal waters - All the waters around,
between and connecting the various islands of the
Philippines archipelago, irrespective of their width
or dimension, have always been considered as
necessary appurtenances of the land territory
- territorial sea - All the waters beyond the
outermost islands of the archipelago but within
the limits of the boundaries set forth in the
aforementioned treaties
- Baselines - from which the territorial sea of the
Philippines is determined consist of straight lines
joining appropriate points of the outermost islands
of the archipelago
RA 5446 AN ACT TO AMEND SECTION ONE OF
REPUBLIC ACT NUMBERED THIRTY HUNDRED AND
FORTY-SIX, ENTITLED "AN ACT TO DEFINE THE
BASELINES OF THE TERRITORIAL SEA OF THE
PHILIPPINES
The definition of the baselines of the territorial sea
of the Philippine Archipelago as provided in this Act
is without prejudice to the delineation of the
baselines of the territorial sea around the territory of
Sabah, situated in North Borneo, over which the
Republic of the Philippines has acquired dominion
and sovereignty.
PD NO.1596 DECLARING CERTAIN AREA PART OF
THE PHILIPPINE TERRITORY AND PROVIDING FOR
THEIR GOVERNMENT AND ADMINISTRATION.
Kalayaan Island Group is part of the continental
margin of the Philippine archipelago, in Province of
Palawan as administered by Secretary National
Defense or in such officers of the Armed Forces of
the Philippines as may designate.
Areas do not legally belong to any state or nation
but, by reason of history, indispensable need, and
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effective occupation and control established in
accordance with international law, such areas must
now be deemed to belong and subject to the
sovereignty of the Philippines;
While other states have laid claims to some of these
areas, their claims have lapsed by abandonment and
cannot prevail over that of the Philippines on legal,
historical, and equitable grounds.
PD 1599 ESTABLISHING AN EXCLUSIVE ECONOMIC
ZONE AND FOR OTHER PURPOSES
Exclusive economic zone extending to a distance of
200 nautical miles from the baselines from which the
territorial sea is measured is vital to the economic
survival and development of the Republic of the
Philippines;
where the outer limits of the zone as thus
determined overlap the exclusive economic zone of
an adjacent or neighboring state, the common
boundaries shall be determined by agreement with
the state concerned or in accordance with pertinent
generally recognized principles of international law
on delimitation.
Rights included:
(a) Sovereignty rights for the purpose of exploration
and exploitation, conservation and management of
the natural resources, whether living or non-living,
both renewable and non-renewable, of the sea-bed,
including the subsoil and the superjacent waters,
and with regard to other activities for the economic
exploitation and exploration of the resources of the
zone, such as the production of energy from the
water, currents and winds;
(b) 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;
(c) Such other rights as are recognized by
international law or state practice.
Prohibition:
(a) explore or exploit any resources;
(b) carry out any search, excavation or drilling
operations:
(c) conduct any research;
(d) construct, maintain or operate any artificial
island, off-shore terminal, installation or other
structure or device; or
(e) perform any act or engage in any activity which is
contrary to, or in derogation of, the sovereign rights
and jurisdiction herein provided.
Section 4. Other states shall enjoy in the exclusive
economic zone freedoms with respect to navigation
and overflight, the laying of submarine cables and
pipelines, and other internationally lawful uses of
the sea relating to navigation and communications.
UNCLOS (UNITED NATIONS CONVENTION ON THE
LAW OF THE SEA)

Straight Baseline Method
Determine the outermost island and its outermost
point. Connect the points.
Archipelagic Principle:
Archipelago is regarded as a single unit. The waters
around, between and connecting the islands of the
archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the
State.
An archipelagic state means a state constituted
wholly by one or more archipelagos and may include
one or more islands.
Archipelago" means a group of islands, including
parts of islands, interconnecting waters and other
natural features which are so closely interrelated
that such islands, waters and other natural features
form an intrinsic geographical, economic and
political entity, or which historically have been
regarded as such.
Territorial sea
Every State has the right to establish the breadth of
its territorial sea up to a limit not exceeding 12
nautical miles, measured from baselines determined
in accordance with this Convention.
Limits of Territorial sea – low-water line along the
coast as marked on large-scale charts.
Right of innocent passage
Ships of all States, whether coastal or land-locked,
enjoy the right of innocent passage through the
territorial sea.
Passage means navigation through the territorial sea
for the purpose of:
a. traversing that sea without entering internal
waters or calling at a roadstead or port facility
outside internal waters; or
b. proceeding to or from internal waters or a call at
such roadstead or port facility.
Passage shall be continuous and expeditious.
However, passage includes stopping and anchoring,
but only in so far as the same are incidental to
ordinary navigation or are rendered necessary by
force majeure or distress or for the purpose of
rendering assistance to persons, ships or aircraft in
danger or distress.
Passage is innocent so long as it is not prejudicial to
the peace, good order or security of the coastal
State. Such passage shall take place in conformity
with this Convention and with other rules of
international law. Passage of a foreign ship shall be
considered to be prejudicial to the peace, good order
or security of the coastal State if in the territorial sea
it engages in any of the following activities:
(a) any threat or use of force against the
sovereignty, territorial integrity or political
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independence of the coastal State, or in any other
manner in violation of the principles of international
law embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of
any kind;
(c) any act aimed at collecting information to
the prejudice of the defence or security of the
coastal State;
(d) any act of propaganda aimed at affecting
the defence or security of the coastal State;
(e) the launching, landing or taking on board of
any aircraft;
(f) the launching, landing or taking on board of
any military device;
(g) the loading or unloading of any commodity,
currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the
coastal State;
(h) any act of wilful and serious pollution
contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey
activities;
(k) any act aimed at interfering with any
systems of communication or any other facilities or
installations of the coastal State;
(l) any other activity not having a direct
bearing on passage
Right to Sea Lane Passage
Archipelagic sea lanes passage means the exercise in
accordance with this Convention of the rights of
navigation and overflight in the normal mode solely
for the purpose of continuous, expeditious and
unobstructed transit between one part of the high
seas or an exclusive economic zone and another part
of the high seas or an exclusive economic zone.
The coastal State may, where necessary having
regard to the safety of navigation, require foreign
ships exercising the right of innocent passage
through its territorial sea to use such sea lanes and
traffic separation schemes as it may designate or
prescribe for the regulation of the passage of ships.
In particular, tankers, nuclear-powered ships and
ships carrying nuclear or other inherently dangerous
or noxious substances or materials may be required
to confine their passage to such sea lanes.
In the designation of sea lanes and the prescription
of traffic separation schemes under this article, the
coastal State shall take into account:
a. the recommendations of the competent
international organization;
b. any channels customarily used for
international navigation;
c. the special characteristics of particular ships
and channels; and
d. the density of traffic.
The coastal State shall clearly indicate such sea lanes
and traffic separation schemes on charts to which
due publicity shall be given.
Republic Act No. 9522 N ACT TO AMEND CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 3046, AS
AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE
THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES
AND FOR OTHER PURPOSES

"Regime of Islands" under the Republic of the
Philippines consistent with Article 121 of the United
Nations Convention on the Law of the Sea (UNCLOS):
a) The Kalayaan Island Group as constituted under
Presidential Decree No. 1596; and
b) Bajo de Masinloc, also known as Scarborough
Shoal.
People
As inhabitants
Article III
Section 1. No person shall be deprived of life, liberty,
or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in
their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under oath
or affirmation of the complainant and the witnesses
he may produce, and particularly describing the
place to be searched and the persons or things to be
seized.
Article II
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.
As Electors
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 reelection. 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
consecutive 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.
Article XVI
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.
As Citizens
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Article II
Section 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people
and all government authority emanates from them.
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.
Article III
Section 7. The right of the people to information on
matters of public concern shall be recognized. Access
to official records, and to documents and papers
pertaining to official acts, transactions, or decisions,
as well as to government research data used as basis
for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by
law.
Government
- Definition
o Agency/instrumentality through which the will
of the state is formulated, expressed and
realized.
o Government of the Republic of the Philippines
refers to the corporate governmental 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 autonomous regions,
the provincial, city, municipal or barangay
subdivisions or other forms of local government.
- Functions:
1. Constituent/Public/Governmental/Jure Imperii –
acts of state or exercise of sovereignty which
include maintenance of peace and order,
regulation of property and property rights and
administration of justice (Mandatory)
2. Ministrant/Private/Proprietary – Functions
intended to promote welfare, progress and
prosperity of people (Optional)
- Parens Patriae – Parent of the people (State acting
as parents). Government may act as guardian of
rights of people who may be disadvantaged or are
suffering from some disability/misfortune.
- Kinds of government
1. De Jure
a. Effective control of administrative
machinery of state
b. Popular acceptance
c. Comply with international obligations
d. Recognition by other states
e. International recognition
2. De facto
o Established not in accordance or in defiance of
existing legal process, exercise of power or
control without legal title.
o Kinds of de facto
 Takes possession/control of, or usurps by
force or by voice of majority, the rightful
legal government and maintains itself
against will of latter
 Established by inhabitants of a territory who
rise in insurrection against parent state
 7

 Established by invading forces of an enemy 1. Territorial – power of state over persons and
who occupy a territory in course of war (De things within its territory, except:
facto of paramount force)  Foreign state properties (embassy,
- Classification consulate, vessel of non-commercial)
a. As to number of rulers  State heads, diplomatic representative and
 Monarchy – 1 consul
 Aristocracy – few  Acts of state
 Democracy – many  Foreign merchant vessel under right of
 Poliarchy – by most number of people innocent passage
b. Manner/ Accountability to people  Foreign armies
 Democratic – for/of/by the people  Waiver of jurisdiction over organization
 Republican – Representative 2. Person – over its nationals
 Dictatorial – authoritarian 3. Extraterritorial
 Totalitarian – almost all is controlled by
state CITIZENSHIP
c. Economic System
 Capitalism – Free market, least intervention Citizenship Nationality
by the state Membership in political Membership in any class
community which is or form of any political
 Command economy – dictated by personal and more or community
government less permanent
 Mixed f. Citizen – Democratic
d. Legislative/Executive relations g. Subject – Monarchial
Does not necessarily
 Presidential – separation of the two include right/privilege of
branches exercising civil/political
 Parliamentary – Fusion of the two branches rights
with actual executive power vested in prime
minister, chosen and accountable to the Importance of Citizenship
parliament.
e. Division of State 1. Holding of public positions, whether elective or
 Unitary – single and centralized government appointive
exercising both external and internal affairs 2. Engage in business and acquisition of properties
 Federal – Autonomous/local state or 3. Protection by state even when abroad
government units merged into a single 4. Exercise of civil and political rights
state. National government exercises limited
degree of power over the domestic affairs Rights of Citizens
but full direction as to external affairs.  Art III – Bill of rights
 Art IV – Citizenship
Sovereignty  Art V – Suffrage
 Art XIII – Social Justice and human rights
- Sovereignty – Supreme and uncontrollable power  Art XIV – Education
inherent in the state by which state is governed.
- Dual aspect Duties - Preamble
a. Internal – Supremacy. Command and demand
obedience over inhabitants Modes of Acquiring Citizenship
b. External – Independence
- Kinds Section 3. Philippine citizenship may be lost or
a. Legal – power granted by the people to the reacquired in the manner provided by law.
state to issue final command.
b. Internal – power to exercise directly/indirectly 1. Involuntary (By Birth)
- Characteristics a. Jus Soli/Loci – Determines citizenship on the
 Permanence – continue without interruption basis of place of birth
 Exclusiveness - supreme b. Jus Sanguinis – Child follows the
 Comprehensiveness – extends to all persons nationality/citizenship of the parents regardless
 Absoluteness of place of birth
 Indivisibility 2. Voluntary (By Naturalization)
 Inalienability o Naturalization – Act of formally adopting a
 Imprescriptability foreigner into the political body of a nation by
- Change in Sovereignty clothing him with privileges of a citizen
 Political – abrogated o Kinds:
 Municipal - remain a. Direct naturalization
- De facto/belligerent/military occupation 1. Judicial
 Political – suspended except law on treason
 Municipal – remain unless repealed by the CA No. 63
belligerent
- Doctrine of Jus Postliminum – suspended political  Dual citizenship
laws automatically become effective upon ouster  Iberian and any friendly democratic
of belligerent. Ibero-American countries or from the
- Dominium – Capacity to own/acquire property United Kingdom
- Imperium – Authority possessed by the state  Law of that country grants the same
embraced in concept of sovereignty. privilege to its citizens
- Jurisdiction  With treaty
 How citizenship may be reacquired

1. By naturalization
2. By repatriation of deserters of the
Army, Navy or Air Corp
3. By direct act of the National Assembly.
 Procedure incident to reacquisition of
Philippine citizenship
1. At least twenty-one years of age
2. Resided in the Philippines at least six
months before he applies for
naturalization;
3. 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
4. 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.
 Procedure for Repatriation
1. by merely taking the necessary oath of
allegiance to the Commonwealth of
the Philippines
2. Registration in the proper civil registry.
CA No. 473 – Revised Naturalization Law
 Qualifications
1. Not less than twenty-one years of age
on the day of the hearing of the
petition;
2. Resided in the Philippines for a
continuous period of not less than ten
years;
3. Good moral character and believes in
the principles underlying the
Philippine Constitution, and must have
conducted himself in a proper and
irreproachable manner 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.
4. Must own real estate in the Philippines
worth not less than five thousand
pesos or must have some known
lucrative trade, profession, or lawful
occupation;
5. Able to speak and write English or
Spanish and any one of the principal
Philippine languages;
6. Enrolled his minor children of school
age, in any of the public schools or
private schools recognized by the
Office of Private Education of the
Philippines, where the 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.
 Special qualifications - The ten years
residency to five years
1. Having honorably held office under the
Government of the Philippines or under
that of any of the provinces, cities,
8
municipalities, or political subdivisions
thereof;
2. Having established a new industry or
introduced a useful invention in the
Philippines;
3. Being married to a Filipino woman;
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.
 Disqualified
1. Persons opposed to organized
government or affiliated with any
association or group of persons who
uphold and teach doctrines opposing
all organized governments;
2. Persons defending or teaching the
necessity or propriety of violence,
personal assault, or assassination for
the success and predominance of their
ideas;
3. Polygamists or believers in the practice
of polygamy;
4. Persons convicted of crimes involving
moral turpitude;
5. Persons suffering from mental
alienation or incurable contagious
diseases;
6. Persons who, during the period of
their residence in the Philippines, have
not mingled socially with the Filipinos,
or who have not evinced a sincere
desire to learn and embrace the
customs, traditions, and ideals of the
Filipinos;
7. Citizens or subjects of nations with
whom the United States and the
Philippines are at war, during the
period of such war;
8. Citizens or subjects of a foreign
country other than the United States
whose laws do not grant Filipinos the
right to become naturalized citizens or
subjects thereof.
 Procedure for Naturalization
1. Declaration of intention
 Filed 1 year prior to the filing of his
petition for admission to Philippine
citizenship
 Filed with the Bureau of Justice
 Shall set forth 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.
 Lawful entry for permanent
residence has been established and a
certificate showing the date, place,
and manner of his arrival has been
issued.
 With two photographs of himself.
 Persons exempt to make a
declaration of intention

1.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,
2.Resided continuously in the
Philippines for a period of thirty
years or more before filing their
application,
3.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.
2. Petition for citizenship
 Filed with the competent court
CFI of the province in which the
petitioner has resided at least one
year immediately preceding the
filing of the petition
 In triplicate
 Accompanied by two photographs
 Setting forth
his name and surname;
his present and former places of
residence;
his occupation;
the place and date of his birth;
whether single or married and the
father of children, the name, age,
birthplace and residence of the
wife and of each of the children;
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;
a declaration that he has the
qualifications required by this Act,
specifying the same, and that he is
not disqualified for naturalization
that he has complied with
Declaration of Intention
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.
 Signed by the applicant in his own
handwriting
 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 a
citizen of the Philippines and is not in
any way disqualified under the
provisions of this Act.
 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.
9
 Express Renunciation of Title or
Orders of Nobility
3. Notification and appearance - Duty of
the clerk of the court at petitioner's
expense
 Publication - 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
 Posting - 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
4. Hearing
 After ninety days from the date of
the last publication of the notice.
 No petition shall be heard within
thirty days preceding any election.
 Must be Public, and the Solicitor-
General/ delegate or the provincial
fiscal concerned, shall appear on
behalf of the Commonwealth
 After hearing: order the proper
naturalization certificate to be issued
and the registration of the said
naturalization certificate in the
proper civil registry
 Appeal – to Supreme Court within 30
days from notice
5. Issuance of the Certificate of
Naturalization
 State the following: 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, the personal
circumstances of the person
naturalized, the dates on which his
declaration of intention and petition
were filed, the date of the decision
granting the petition, and the name
of the judge who rendered the
decision and a photograph of the
petitioner with the dry seal affixed
thereto of the court which granted
the petition
6. 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
Commonwealth of the Philippines;

[and I hereby declare that I recognize
and accept the supreme authority of
the United States of America in the
Philippines and will maintain true faith
and allegiance thereto; and that I
impose this obligation upon myself
voluntarily without mental reservation
or purpose of evasion.
"So help me God."
7. Clerk shall, as soon as possible,
forward copies of the petition, the
sentence, the naturalization certificate,
and other pertinent data to the
Department of the Interior, the Bureau
of Justice, the Provincial Inspector of
the Philippine Constabulary of the
province and the Justice of the Peace
of the municipality wherein the
petitioner resides.
 Effect of the naturalization on wife and
children. -
 Married to a citizen and who might
herself be lawfully naturalized - deemed
a citizen of the Philippines.
 Minor children of persons naturalized
 born in the Philippines - citizens
 A foreign-born minor child, if
dwelling in the Philippines at the
time of the naturalization of the
parent - automatically become a
Philippine citizen
 foreign-born minor child, who is not
in the Philippines at the time the
parent is naturalized - deemed a
Philippine citizen only during his
minority, unless he begins to reside
permanently in the Philippines when
still a minor, in which case, he will
continue to be a Philippine citizen
even after becoming of age.
 A child born outside of the
Philippines after the naturalization -
Philippine citizen, unless within one
year after reaching the age of
majority, he fails to register himself
as a Philippine citizen at the
American Consulate and to take the
necessary oath of allegiance.
 Right of Widow and Children of
Petitioners who have Died. may continue
the proceedings.
RA NO. 530 - An Act making additional
provisions for naturalization
 Court hearing only after six months from
the publication of the application
required by law.
 Decision granting the application become
executory:
1. until after two years from its
promulgation, and
2. After the court, on proper hearing,
with Solicitor General or his
representative, is satisfied, that
applicant has
3. not left the Philippines,
4. has dedicated himself continuously to
a lawful calling or profession,
5. has not been convicted of any offense
or violation of Government
10
promulgated rules, or committed any
act prejudicial to the interest of the
nation or contrary to any Government
announced policies.
 Order of the court granting citizenship
shall be registered and the oath be taken
by the applicant
4. Administrative
RA No. 9139 The Administrative
Naturalization Law of 2000
 Qualifications
1. Born in the Philippines and residing
therein since birth;
2. not be less than eighteen (18) years of
age, at the time of filing of his/her
petition;
3. good moral character and believes in
the underlying principles of the
Constitution, and must have
conducted himself/herself in a proper
and irreproachable manner during
his/her entire period of residence in
the Philippines in his relation with the
duly constituted government as well as
with the community in which he/she is
living;
4. Must have received his/her primary
and secondary education in any public
school or private educational
institution duly recognized by the
Department of Education, Culture and
Sports, where Philippine history,
government and civics are taught and
prescribed as part of the school
curriculum and where enrollment is
not limited to any race or nationality:
Provided, That should he/she have
minor children of school age, he/she
must have enrolled them in similar
schools;
5. Must have a known trade, business,
profession or lawful occupation, from
which he/she derives income sufficient
for his/her support and if he/she is
married and/or has dependents, also
that of his/her family: Provided,
however, That this shall not apply to
applicants who are college degree
holders but are unable to practice their
profession because they are
disqualified to do so by reason of their
citizenship;
6. Able to read, write and speak Filipino
or any of the dialects of the
Philippines; and
7. Must have mingled with the Filipinos
and evinced a sincere desire to learn
and embrace the customs, traditions
and ideals of the Filipino people.
 Disqualifications
1. Those opposed to organized
government or affiliated with any
association or group of persons who
uphold and teach doctrines opposing
all organized governments;
2. Those defending or teaching the
necessity of or propriety of violence,
personal assault or assassination for
the success or predominance of their
ideas;

3. Polygamists or believers in the practice
of polygamy;
4. Those convicted of crimes involving
moral turpitude;
5. Those suffering from mental alienation
or incurable contagious diseases;
6. Those 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;
7. Citizens or subjects with whom the
Philippines is at war, during the period
of such war; and
8. Citizens or subjects of a foreign
country whose laws do not grant
Filipinos the right to be naturalized
citizens or subjects thereof.
 Special Committee on Naturalization
 Composition
 Solicitor General as chairman,
 Secretary of Foreign Affairs, or his
representative,
 National Security Adviser
 Procedure for filing
1. File with the Special Committee on
Naturalization
o petition of five (5) copies legibly
typed and signed, thumbmarked and
verified by him/her, with the latter’s
passport-sized photograph attached
to each copy of the petition
o Content
a. The petitioner’s name and
surname, and any other name
he/she has used or by which
he/she is known;
b. The petitioner’s present and
former places of residence;
c. The petitioner’s place and date of
birth, the names and citizenship
of his/her parents and their
residences;
d. The petitioner’s trade, business,
profession or occupation, and if
married, also that of his/her
spouse;
e. Whether the petitioner is single
or married or his/her marriage is
annulled. If married, petitioner
shall state the date and place of
his/her marriage, and the name,
date of birth, birthplace,
citizenship and residence of
his/her spouse; and if his
marriage is annulled, the date of
decree of annulment of marriage
and the court which granted the
same;
f. If the petitioner has children, the
name, date and birthplace and
residences of his/her children;
g. A declaration that the petitioner
possesses all the qualifications
and none of the disqualifications
under this Act;
h. A declaration that the petitioner
shall never be a public charge;
and
i. A declaration that it is the
petitioner’s true and honest
11
intention to acquire Philippine
citizenship and to renounce
absolutely and forever any
prince, potentate, State or
sovereign, and particularly the
country of which the applicant is
a citizen or subject.
o Attachments
a. Duplicate original or certified
photocopies of petitioner’s birth
certificate;
b. Duplicate original or certified
photocopies of petitioner’s alien
certificate of registration and
native born certificate of
residence;
c. Duplicate original or certified
photocopies of petitioner’s
marriage certificate, if married, or
the death certificate of his
spouse, if widowed, or the court
decree annulling his marriage, if
such was the fact;
d. Duplicate original or certified
photocopies of birth certificates,
alien certificate of registration or
native born certificate of
residence if any, of petitioner’s
minor children, wherever
applicable;
e. Affidavit of financial capacity by
the petitioner,
f. sworn statements on the good
moral character of the petitioner
by at least two (2) Filipino citizens
of good reputation in his/her
place of residence stating that
they have personally known the
petitioner for at least a period of
ten (10) years and that said
petitioner has in their own
opinion all the qualifications
necessary to become a citizen of
the Philippines and is not in any
way disqualified under the
provisions of this Act;
g. A medical certificate that
petitioner is not a user of
prohibited drugs or otherwise a
drug dependent and that he/she
is not afflicted with acquired
immune deficiency syndrome
(AIDS);
h. School diploma and transcript of
records of the petitioner in the
schools he attended in the
Philippines. Should the petitioner
have minor children, a
certification that his children are
enrolled in a school where
Philippine history, government
and civics are taught and are part
of the curriculum; and
i. If gainfully employed, the income
tax return for the past three (3)
years.
2. Processing fee - (₱40,000.00).
3. Determination within fifteen (15)
days from the receipt of the petition
4. Publish pertinent portions of the
petition indicating the name,
qualifications and other personal

circumstances of the applicant, once
a week for three (3) consecutive
weeks in a newspaper of general
circulation, and have copies of the
petition posted in any public or
conspicuous area.
5. Furnish the (DFA), the (BI), the civil
registrar of the petitioner’s place of
residence and the (NBI) copies of the
petition and its supporting
documents. These agencies shall
have copies of the petition posted in
any public or conspicuous area in
their buildings, offices and premises,
and shall, within thirty (30) days from
the receipt of the petition, submit to
the Committee a report stating
whether or not petitioner has any
derogatory record on file or any such
relevant and material information
which might be adverse to
petitioner’s application for
citizenship.
6. Approval or Disapproval of the
Petition - Within sixty (60) days from
receipt of the report of the agencies
or the date of the last publication of
the petition, whichever comes in
later
7. Payment of Naturalization fee
o Within thirty (30) days from the
receipt of the notice of the
approval pay (₱100,000.00) -
(₱50,000.00) upon the approval of
the petition and (₱50,000.00) upon
the taking of the oath of allegiance
8. Issuance of Certificate of
naturalization
9. Oath of allegiance - Within sixty (60)
days from the issuance of the
certificate, otherwise, deemed
abandoned.
10. BI shall forward a copy of the
petitioner’s oath to the proper local
civil registrar and cancel the alien
certificates of registration of the
applicant — Within five (5) days after
the applicant has taken his oath
 Status of Alien Wife and Minor Children
o Lawful wife and minor children may
file a petition for cancellation of their
alien certificates of registration with
the Committee subject to the payment
of the filing fee of (₱20,000.00) and
naturalization fee of Forty thousand
pesos (₱40,000.00)
 Status of Alien Husband and Minor
Children
o Will not benefit her alien husband
o Minor children may file a petition for
cancellation of their alien certificates
of registration with the BI subject to
the requirements of existing laws.
 Cancellation of the Certificate of
Naturalization
a. Made false statement or
misrepresentation or committed any
violation of law, rules and regulations
in connection with the petition for
naturalization, or if he otherwise
obtains Philippine citizenship
12
fraudulently or illegally, the certificate
of naturalization shall be cancelled;
b. If the naturalized person or his wife, or
any of his minor children who acquire
Filipino citizenship by virtue of his
naturalization shall, within five (5)
years next following the grant of
Philippine citizenship, establish
permanent residence in a foreign
country,
c. If the naturalized person or his wife or
child with acquired citizenship allows
himself or herself to be used as a
dummy in violation of any
constitutional or legal provision
requiring Philippine citizenship as a
condition for the exercise, use or
enjoyment of a right, franchise or
privilege,
d. If the naturalized person or his wife or
child with acquired citizenship
commits any act inimical to national
security
 SEC. 15. Any person who failed to register
his/her birth with the concerned city or
municipal civil registrar may, within two
(2) years from the effectivity of this Act,
file a petition for the acquisition of the
Philippine citizenship: Provided, That the
applicant possesses all the qualifications
and none of the disqualifications under
this Act and subject to the requirements
of existing laws.
 Special Disposition of the Filing Fee
o (25%) of the filing fee - University of
the Philippines Law Center
o (25%) - publication of the Journal of
the House of Representatives
5. Legislative
 Special act of legislature
 Collective change of naturalization
(naturalization en masse) as a result of
cession or subjugation
 Philippine Bill of 1902 (Phil Organic
Act, or Cooper Act) - Sec. 4
 All inhabitants of the Philippine
Islands continuing to reside therein
(Spanish subjects on the April 11,
1899 and then resided in the
Philippine Islands)
 Children born subsequent thereto,
 Exception: Those who elected to
preserve their allegiance to the
Crown of Spain
 General law on naturalization
 LOI 270 - Naturalization of Deserving
Aliens by Decree
 Qualifications:
a.He must not be less than 21 years
of age on the date of the filing of
his petition;
b.If born in a foreign country, he
must have been legally admitted
into the Philippines either as an
immigrant or non-immigrant;
c.He must have had a continuous
residence in the Philippines of ten
years, or five years if:

1. Having honorably held officer
under the Government of the
Philippines or under that of any
of the provinces, cities,
municipalities or political
subdivisions thereof;
2. Having established a new
industry or introduced a useful
invention in the Philippines;
3. Being married to a Filipino;
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.
d.He must be of good moral
character and believes in the
principles underlying the Philippine
Constitution, and must have
conducted himself in a proper and
irreproachable manner 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;
e.He must have a known trade,
business, profession, or lawful
occupation, from which he derives
income sufficient for his support
and, if he is married or has
dependents, also that of his family;
f. He must be able to speak and write
Filipino; or English or Spanish, and
any of the principal Philippine
languages;
g.He must have enrolled his minor
children of school age in any of the
public or private schools recognized
by the Department of Education
and Culture, where Philippine
history, government and civics are
taught or prescribed as part of the
school curriculum, during the
period of residence in the
Philippines required of him prior to
the filing of his petition hereunder;
and
h.He must have, during the period of
his residence in the Philippines,
mingled socially with the Filipinos
and evinced a sincere desire to
learn and embrace the customs,
traditions and ideals of the Filipino
people.
 Disqualifications:
a. He must not be opposed to
organized government or
affiliated with any association or
group of persons who uphold and
teach doctrines opposing all
organized governments;
b. He must not defend to teach the
necessity or propriety of violence,
personal assault, or assassination
13
for the success and
predominance of his ideas;
c. He must not be a polygamist or a
believer in the practice of
polygamy;
d. He must not have been convicted
of any crime involving moral
turpitude;
e. He is not suffering from mental
alienation or any incurable
contagious disease.
 Cases of aliens born of Filipino
mothers. - If, however, the applicant
was born of a Filipino mother before
the effectivity of the new
Constitution and has resided
continuously in the Philippines since
birth, he shall be considered
qualified hereunder without need of
any further qualification, provided he
does not suffer from the
disqualifications above enumerated.
 Procedure
 Application with the committee
 Application shall be in triplicate,
signed and verified by the
petitioner himself with his
photographs and certified true or
xerox copies of his certificate of
arrival (if any), his Alien
Certificate of Registration and his
Immigrant Certificate of
Residence,
 Supported by the separate
affidavits of two credible
witnesses stating that they have
personally known the petitioner
for the period of time required
under par. 1 hereof, that
petitioner is a person of good
repute and morally
irreproachable, and that said
petitioner has, in their opinion,
all the qualification necessary to
become a citizen of the
Philippines and is not in any way
disqualified under the provisions
of this LOI.
 Committee shall submit appropriate
recommendations to the president
b. Derivative naturalization (by marriage)
 Wife of naturalized husband
 Minor children of naturalized person
 Alien woman upon marriage to national
Modes of losing citizenship
a. Involuntary
1. Denaturalization (Cancellation of certificate of
naturalization)
2. Found by final judgment to be a deserter of
war
b. Voluntary (expatriation)
1. Naturalization in foreign country
2. Express renunciation of Phil citizenship
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.

3. Taking of oath of allegiance to a foreign
country, except: Doctrine of indelible
allegiance
Doctrine of indelible allegiance – an individual
may be compelled to retain his original
nationality notwithstanding that he has
already renounced or forfeited it under the
laws of a second state whose nationality he
has acquired
o CA 63
 How citizenship may be lost
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 upon attaining twenty-one years of
age or more, except while the Republic of
the Philippines is at war with any country;
4. By rendering services to, or accepting
commission in, the armed forces of a
foreign country except with the consent of
the Republic with either of the following
circumstances is present:
a. The Republic of 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 on Philippine
territory with the consent of the
Republic of the Philippines:
That he took oath of allegiance only in
connection with his service to said
foreign country
Shall not be permitted to participate
nor vote in any election
5. By cancellation of the of the
certificates 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; and
7. In the 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.
o CA No. 473
 Cancellation of Naturalization Certificate Issued
 Upon motion by the Solicitor-General or his
representative, or by the proper provincial fiscal
 Grounds:
1. If it is shown that said naturalization
certificate was obtained fraudulently or
illegally.
2. 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. ( More than one year in his native or
former nationality, or two years in any other
foreign country prima facie evidence of
intention of taking up his permanent
residence)
3. If the petition was made on an invalid
declaration of intention;
14
4. Minor children of the person naturalized
failed to graduate from a public or private
high schools recognized by the Office of
Private Education 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.
5. Naturalized citizen has allowed himself to
be used as a dummy requiring Philippine
citizenship as a requisite for the exercise,
use or enjoyment of a right, franchise or
privilege.
 A certified copy of the decree cancelling the
naturalization certificate shall be forwarded by
the clerk of the Court to the Department of the
Interior and the Bureau of Justice.
 Prescription. - information or complaint is filed
within five years from the detection or
discovery of the commission
Modes of reacquiring citizenship
1. Naturalization
2. Repatriation
a. CA 63 - a deserter of the Philippine armed
forces in time of war, upon whom a plenary
pardon or amnesty has been granted
b. RA No. 965 – Reacquisition of Philippine
citizenship by persons who lost such by
rendering service to or accepting commission
in, the armed forces of an allied foreign
country, and taking an oath of allegiance
incident thereto - may reacquire Philippine
citizenship by taking an oath of allegiance to
the Republic of the Philippines and registering
the same with the Local Civil Registry in the
place where he resides or last resided in the
Philippines within one year from the date of
the approval of this Act. The said oath of
allegiance shall contain, in addition, a
renunciation of any other citizenship.
c. RA 2630 - rendering service to, or accepting
commission in, the Armed Forces of the
United States, or after separation from the
Armed Forces of the United States, acquired
United States citizenship
d. PD 725 – Filipino women who lost their
Philippine citizenship by marriage to aliens;
and natural born Filipinos who have lost their
Philippine citizenship
 Applying with the Special Committee on
Naturalization created by Letter of
Instruction No. 270
 Upon approval, Commission on Immigration
and Deportation shall thereupon cancel
their certificate of registration
e. RA 8171 Repatriation of Filipino women who
lost citizenship by marriage to aliens and of
natural born Filipinos, including their minor
children, on account of political or economic
necessity
 Provided applicant is not:
1. Person opposed to organized
government or affiliated with any
association or group of persons who
uphold and teach doctrines opposing
organized government;
2. Person defending or teaching the
necessity or propriety of violence,
 15

personal assault, or association for the with law. with law.

predominance of their ideas;
3. Person convicted of crimes involving 2. Those whose fathers or mothers are citizens of
moral turpitude; or the Philippines;
4. Person suffering from mental alienation 3. Those born before January 17, 1973, of Filipino
or incurable contagious diseases. mothers, who elect Philippine citizenship upon
 Procedure reaching the age of majority; and
 Taking the necessary oath of allegiance a. 1987 constitution
to the Republic of the Philippines and b. 1973 constitution
registration in the proper civil registry c. 1935 constitution
and in the Bureau or Immigration. d. Procedure under CA 625
 The Bureau of Immigration shall  Election must be expressed in a
thereupon cancel the pertinent alien statement
certificate of registration and issue the  Signed and sworn to by the party
certificate of identification as Filipino concerned
citizen to the repatriated citizen.  Filed with the nearest civil registry or
f. RA No. 9225 Civil Registry of Manila in case party is
a. Before RA 9225, natural-born Filipinos who absent in the Philippines.
become naturalized citizens of other  Accompanied with oath of allegiance to
countries lost their citizenship and it may the Constitution and the Government of
be re-acquired provided they took the oath the Philippines.
of allegiance under the new law. 4. Those who are naturalized in accordance with
b. After R.A. 9225, they shall retain Philippine law. (Direct naturalization)
citizenship despite having acquired foreign - Types of citizenship
citizenship provided they took the oath of 1. Natural Born
allegiance under the new law. Section 2. Natural-born citizens are those who
3. By law (direct act of congress) are citizens of the Philippines from birth without
having to perform any act to acquire or perfect
Who are citizens (Section 1) their Philippine citizenship. Those who elect
Philippine citizenship in accordance with
- Who are citizens paragraph (3), Section 1 hereof shall be deemed
1. Those who are citizens of the Philippines at the natural-born citizens.
time of the adoption of this Constitution; 2. Naturalized – not natural but become such
through judicial proceedings
Philippine bill of 1935 1973 3. Citizens by election – those who by virtue of
1902 constitution constitution certain legal provision, become such, by
That all 1. Those who are Those who are
choosing or electing Philippine citizenship at age
inhabitants of citizens of the citizens of the
the Philippine Philippine Philippines at of 21 or within reasonable time thereafter.
Islands as of Islands at the the time of the
April 11 1899, time of the adoption of this Dual/Multiple Citizenship
and their adoption of Constitution.
children born this
subsequent Constitution. Section 5. Dual allegiance of citizens is inimical to the
thereto, who did national interest and shall be dealt with by law.
not to preserve
their allegiance
RA 9225 - “Citizenship Retention and Re-acquisition
to the Crown of
Spain Act of 2003.”
2. Those born in - Declaration of Policy. —all Philippine citizens who
the Philippine become citizens of another country shall be
Islands of deemed not to have lost their Philippine
foreign
parents who, citizenship under the conditions of this Act.
before the - Retention of Philippine Citizenship
adoption of o Any provision of law to the contrary
this
notwithstanding, natural-born citizens of the
Constitution,
had been Philippines who have lost their Philippine
elected to citizenship by reason of their naturalization as
public office in citizens of a foreign country are hereby deemed
the Philippine
to have re-acquired Philippine citizenship upon
Islands.
3. Those whose Those whose taking the following oath of allegiance to the
fathers are fathers or Republic
citizens of the mothers are o Natural-born citizens of the Philippines who,
Philippines. citizens of the
after the effectivity of this Act, become citizens
Philippines.
4. Those whose Those who of a foreign country shall retain their Philippine
mothers are elect Philippine citizenship upon taking the aforesaid oath.
citizens of the citizenship - Derivative Citizenship. — The unmarried child,
Philippines under 1935
whether legitimate, illegitimate or adopted, below
and, upon Constitution
reaching the eighteen (18) years of age, of those who re-
age of acquire Philippine citizenship upon effectivity of
majority, elect this Act shall be deemed citizens of the
Philippine
Philippines.
citizenship.
5. Those who are Those who are - Civil and Political Rights and Liabilities
naturalized in naturalized in 1. Those intending to exercise their right of
accordance accordance suffrage
 16

 Section 1, Article V of the Constitution acquire Philippine citizenship upon effectivity of

o Not otherwise disqualified by law this Act shall be deemed citizenship of the
o At least eighteen years of age, Philippines.
o Resided in the Philippines for at least one - Citizenship of a foundling
year, and in the place wherein they propose o The 1930 Hague Convention on Certain
to vote, for at least six months immediately Questions Relating to the Conflict of Nationality
preceding the election. Laws, while yet unratified by the Philippines, are
 RA No. 9189, “The Overseas Absentee Voting generally accepted principles of international
Act of 2003” and other existing laws; law provides that a child whose parents are both
1. Those who have lost their Filipino unknown shall have the nationality of the
citizenship in accordance with Philippine country of birth. If the child’s parentage is
laws established, its nationality shall be determined
2. Those who have expressly renounced their by the rules applicable in cases where the
Philippine citizenship and who have pledged parentage is known.
allegiance to a foreign country o The burden of proof was on private respondents
3. committed and are convicted in a final to show that petitioner is not a Filipino citizen.
judgment punishable by imprisonment of Her admission that she is a foundling did not
not less than one (1) year shift the burden to her because such status did
4. An immigrant or a permanent resident who not exclude the possibility that her parents were
do not declare that he/she shall resume Filipinos, especially as in this case where there is
actual physical permanent residence in the a high probability, if not certainty, that her
Philippines not later than three (3) years parents are Filipinos. To deny full Filipino
from approval of his/her registration citizenship to all foundlings and render them
5. declared insane or incompetent by stateless just because there may be a theoretical
competent authority chance that one among the thousands of these
2. Those seeking elective public office foundlings might be the child of not just one,
 Qualifications for holding such public office as but two, foreigners is downright discriminatory,
required by the Constitution and existing laws irrational, and unjust.
and, o Foundlings are as a class, natural-born citizens.
 at the time of the filing of the certificate of
candidacy, make a personal and sworn
renunciation of any and all foreign citizenship
before any public officer authorized to
administer an oath;
3. Those appointed to any public office
 subscribe and swear to an oath of allegiance
to the Republic of the Philippines and its duly
constituted authorities prior to their
assumption of office:
 Renounce their oath of allegiance to the
country where they took that oath;
4. Those intending to practice their profession
in the Philippines shall apply with the proper
authority for a license or permit to engage in
such practice; and
5. That right to vote or be elected or appointed
to any public office in the Philippines cannot be
exercised by, or extended to, those who:
 are candidates for or are occupying any public
office in the country of which they are
naturalized citizens; and/or
 are in active service as commissioned or non-
commissioned officers in the armed forces of
the country which they are naturalized
citizens.

a. How acquired
 By birth
 By naturalization
b. Dual citizenship vs dual allegiance

Dual Citizenship Dual Allegiance

result of the concurrent
application of the different
laws of two or more states,
a person is simultaneously
considered a national by the
said states
Involuntary
situation in which a person
simultaneously owes, by
some positive act, loyalty to
two or more states.
Voluntary

- Derivative citizenship - The unmarried child,

whether legitimate, illegitimate or adopted, below
eighteen (18) years of age, of those who re-

o Regional Arrangements
o Aggression (UN GA Resolution 3314, Art 1 to 8)
FUNDAMENTAL RIGHTS OF THE STATE (Chapters 7
to 12)
1. Existence and Self-defense
o Most important right, comprehensive (all other
rights are supposed to flow and be derived from
it)
o Enable state to take measures, necessary to
resist any danger to its existence
o does not depend for its validity previous
recognition of state or on consent of other
states
o Requisites (Art 51 of UN Charter)
 Only in the face of a necessity of self-defense
instant, overwhelming and leaving no choice
of means and no moment for deliberation
 Mere apprehended danger or direct threat
does not warrant use of right
 Self-defense measures must be limited by the
necessity and kept clearly within it
o Elihu Root – US Secretary of War – Every act
done by the other power may be within its
territory. Yet other country threatened by the
state of facts is justified in protecting itself by
immediate war. Principle applied on the
following:
 Germany declared war against Russia due to
the latter’s mobilization
 Great Britain seized Danish fleet to prevent
from falling into hands of French with whom
British were then at war
 Japan invaded Korea for fear that Russia will
use it as base
 Russia invaded Finland as measure of defense
against Germany
 US attacks Iraq for storing biological and
chemical weapons of mass destruction
intended to be used against americans
 Cuban Missile Crisis in 1962 – John F Kennedy
ordered Secretary of Defense to take
17
appropriate measures to prevent the delivery
of prohibited material to Cuba. USSR backed
down and averted the outbreak of what
would have been WWIII
 Collective self-defense – impliedly provided in
Art VII of Regional Arrangment in Art 52, Sec
1.
 Ex: Organization of American States, NATO
 Attach to any member is attack against all. In
such case, assist member attacked,
individually or in concert
 Balance of Power – arrangement of affairs so
that no state shall be in position to have
absolute mastery and dominion over others. It
contributed international peace
 Use of armed force by a state against the
sovereignty territorial integrity or political
independence of another state, or in any
other manner inconsistent with the Charter of
UN
 The First use of armed force by a State in
contravention of the Charter shall constitute
prima facie evidence of an act of aggression.
 Any of the following acts, regardless of a
declaration of war, are acts of aggression:
a. The invasion or attack by the armed forces
of a State of the territory of another State,
military occupation, or any annexation by
the use of force of the territory of another
State or part thereof
b. Bombardment by the armed forces of a
State against the territory of another State
or the use of any weapons by a State
against the territory of another State;
c. The blockade of the ports or coasts of a
State by the armed forces of another State;
d. An attack by the armed forces of a State on
the land, sea or air forces, or marine and air
fleets of another State;
e. The use of armed forces of one State which
are within the territory of another State
with the agreement of the receiving State,
in contravention of the conditions in
agreement or any extension upon
termination of the agreement;
f. The action of a State in allowing its territory,
which it has placed at the disposal of
another State, to be used by that other
State for perpetrating an act of aggression
against a third State;
g. The sending by or on behalf of a State of
armed bands, groups, irregulars or
mercenaries, which carry out acts of armed
force against another State of such gravity
as to amount to the acts listed above, or its
substantial involvement therein
 Security Council may determine that other
acts constitute aggression

 No consideration of whatever nature, whether
political, economic, military or otherwise, may
serve as a justification for aggression
 A war of aggression is a crime against
international peace, giving rise to
international responsibility
 No territorial acquisition or special advantage
resulting from aggression is or shall be
recognized as lawful
 Definition does not prejudice the right to self-
determination, freedom and independence of
peoples forcibly deprived of that right,
particularly peoples under colonial and racist
regimes or other forms of alien domination,
nor the right of these peoples to struggle to
that end and to seek and receive support
2. Sovereignty and independence
- Sovereignty
o Supreme, uncontrollable power inherent in
state by which that state is governed.
o Power of state to commend and enforce
obedience, all interest are practically subject
and all wills subordinate.
o Attribute that enables the state to make its
own decision vis-à-vis other states and vests it
with competence to enter into relations and
agreements with them
o 2 aspects:
 Internal – power of the state to direct its
domestic affairs as when it establishes its
government, enact laws for observance or
adopt economic policies
 External – freedom of state to control its
own foreign affairs as when it concludes
treaties, makes war or peace, maintain
diplomatic and commercial relations. Called
independence
- Independence
o External sovereignty
o Article 73, Declaration – Members of UN
administering territories whose peoples have
not yet attained a full measure of self-
governmet pledge to develop self-
government, take due account of political
aspirations of these people, assist in
progressive development
o It only means freedom from restrictions that
are binding on all states forming family of
nations
o Restricted by requirements of international
society
o Mare Liberum – prevent exclusive use of open
seas to detriment of other state
o Right of independence carries with it, by
necessary implication, the correlative duty of
non-intervention. Every state has the duty to
refrain from intervention in the internal or
external affairs of any states
o Intervention – act by which a state interferes
with the domestic or foreign affairs of another
state or states through employment of force
or threat of force. Lacking pressure,
involvement of state in affairs of another, even
if unsolicited, cannot be considered
intervention
o Intervention not sanctioned in international
relations:
18
1. Act of self-defense
2. Decreed by Security Council as preventive
or enforcement action for maintenance of
international peace and security
3. Agreed in treaty
4. Requested by sister states or from UN by
parties to a dispute or beset by rebellion
o Intervention for humanitarian reason – like in
Somalia, UN may use force if contingent
military distributing food and aid if interfered
o Drago Doctrine – Great Britain, Italy and
Germany established blockade against
Venezuela, in order to force it to comply with
certain contractual and other obligations
owing to the blockading powers. It was
embodied in Hague Convention, stating that
Contracting powers agree not to have
recourse to armed force for the recovery of
contract debts claimed from the government
of one country by government of another
country as being due to its nationals
o Porter Resolution – intervention was
permitted if debtor state refused an offer to
arbitrate the creditor’s claim or having agreed
to arbitrate, prevented the agreement on the
compromise, or having agreed thereto,
refused to abide
3. Equality
- Early premise of international law: Sovereign
equality among all its members
- Montevideo Convention – states are juridically
equal, enjoy the same rights and have equal
capacity in their exercise. The right of each one
do not depend on power which it possesses to
assure its exercise, but upon the simple fact of
its existence as person under international law
- Essence is not the number of rights, as such is
subject to different conditions. It means: All
rights of state, regardless of number, must be
observed and respected by the international
community in the same manner that the rights
of other states are observed and respected.
Equal right to enjoy their respective attributes as
members of family of nations
- Par in Parem non habet imperium – even the
strongest state cannot assume jurisdiction over
another state, no matter how weak, or question
the validty of its acts in so far as they are made
to take effect within its own territory
- Factual inequality – vote of big 5 in UN, number
of members in Security Council, not equal.
4. Property/Territory
- Acquisition
o Discovery and Occupation
 Original mode of acquisition by which
territory not belonging to any state or terra
nullius is placed under the sovereignty of
discovering state
 May be uninhabited or habited by natives
with rights of habitation only
 Open seas and outer space is res communes
– not susceptible to discovery and
occupation
 Requisites
3. Possession – formal declaration and
symbolic act of raising of national flag.
Inchoate title of discovery pending
compliance to administration. Inchoate
title of discovery bars other states from
entering territory until lapse of
reasonable period within which
discovering state may establish a

settlement thereon and commence to
administer it.
4. Administration –
 Island of Palmas Case – US contended
ownership under the discovery by Spain,
Netherlands contended ownership by virtue
of conventions with native princes.
Arbitrator held that discovery alone without
subsequent act, cannot suffice to prove
sovereignty. Inchoate title could not prevent
over the continuous and peaceful display of
authority by another state for such display
may prevail even over a prior, definitive title
put forward by another state.
 Clipperton Island Case – France contended
ownership but did not administer. French
Navy Lieutenant perform act proclaiming
ownership, however did not leave any sign
of sovereignty. Arbitrator held that
immemorial usage having force of law,
besides animus occupandi, the actual and
not the nominal taking of possession is a
necessary condition of occupation. Takes
place only when state establishes in the
territory itself an organization capable of
making its law respected
o Prescription
o Cession
o Subjugation
o Accretion – based on Accessio cedat principali
– accomplished either natural or artificial as
by gradual and imperceptible deposit of soil
on the coast
- Loss
o Abandonment
o Dereliction
 State exercising sovereignty over it
physically withdraws from it with the
intention of abandoning it altogether
 2 Conditions to concur:
3. Act of withdrawal
4. Intention to abandon
o Cession – method by which territory is
transferred from one state to another by
agreement between them. Essentially
consensual, effected by meeting of the minds
and does not have to bide the actual delivery
o Subjugation – having previously conquered in
the course of war, it is formally annexed to it
at the end of that war. Conquest only confers
inchoate right, it needs formal act of
annexation
o Prescription – no rule yet, but takes longer
than that provided under municipal law
o Erosion
o Revolution
o Natural causes
- Composition of territory
4. Terrestrial Domain – refers to land mass
which may be integrate, or dismembered,
several islands.
5. Maritime and Fluvial Domain – composed of
bodies of water within the land mass and
the waters adjacent to the coasts of the
state up to specified limit, including internal
waters in land locked lakes, rivers,
a. Rivers
 Classification
o National – situated completely in the
territory of one state. Ex: Pasig River
19
o Multi-national – flow to different
states. Ex: Mekong River
o International – Navigable from open
sea and open to use of vessels from
all states. Ex: Danube River
o Boundary – divide the territories of
riparian state. Ex: St Lawrence River.
Bound by Thalweg Doctrine:
Boundary line is laid on the center,
not of the river itself but of its main
channel, dividing line follows the new
course in case of accretion or
erosion. If avulsion, boundary
remains the same.
b. Bays – well-marked indentation whose
penetration is in such proportion to the
width of its mouth as to contain land-
locked waters and constitute more than
mere curvature of coast. If low-water
marks have distance of not more than 24
miles, considered internal waters if
enclosed in the closing line drawn from
these low-water marks. Exception:
Historic Bays
c. Territorial sea – belt of water adjacent to
the coasts of state, excluding the internal
waters in bays and gulfs, over which the
state claims sovereignty and jurisdiction.
Traditionally, reckoned 3 nautical miles
from low-water mark
6. Aerial Domain – airspace above the
terrestrial domain and maritime and fluvial
domain to an unlimited altitude but not
including outer space.
- UN Conference on Law of the Sea
o Geneva (1958) – adopted Convention on
Territorial Sea and Contiguous Zone,
Convention on High Seas and Convention on
Fishing and Living Resources of High Seas,
Convention on the Continental Shelf
o Geneva (1960) –
o Jamaica, UN (1970) – Adopted new
Convention on the Law of the Sea – provides
the 12 miles for territorial sea, contiguous
zone from outer limits, and an economic zone
or patrimonial sea extending 2 hundred miles
from low-water mark of coastal state
- Philippine Territorial Sea
o Based on treaty limits theory (international
law should recognize historic title to territorial
waters as it recognizes historic bays)
- Archipelagic Doctrine – as stated in Art I sec 1
o All islands are considered one integrated
whole, instead of fragmented (which will
make the territorial seas in between as high
seas)
o Archipelago – group of islands, including parts
of islands, interconnecting waters and other
natural features which are so closely
interrelated that such islands, graphical,
economic and political entity or which
historically have been regarded as such
o Embodied in 1982 Convention on the Law of
the Sea, with modification that archipelagic
sealanes shall be designated over the internal
waters through which foreign vessel shall have
the right of passage
- Basis of Article I, 1987
o RA 3046 as amended by RA 5446
 All waters within the limits set forth in the
Treaty of Paris (Dec 10, 1898) and Treaty of

Washington, and Treaty of US and GB, have
always been part of territory of Philippines
 All the waters around, between and
connecting the islands, irrespective of width
or dimension, have always been considered
as necessary appurtenances of the land,
forming inland or internal waters
 All waters beyond the outermost island but
within the limits of the boundaries
comprise the territorial sea
 Baselines from which territorial sea is
determined is consist of straight lines
joining appropriate points of the outermost
islands
 Without prejudice to North Borneo
- Methods of defining territorial sea
1. Normal baseline – territorial sea is simply
drawn from the low-water mark of the
coast, to the breadth claim, following its
sinuusities and curvatures but excluding the
internal waters in bays and gulfs
2. Straight baseline – straight lines are made
to connect appropriate points on the coast
without departing radically from its general
direction. May be employed in localities
where the coastline is deeply indented or if
there is a fringe of island along the coast in
the immediate vicinity
5. Jurisdiction
- Authority exercised by state over persons and
things within or sometimes outside its territory
- Classification:
1. Personal
o power exercised by a state over its
nationals, based on theory that national is
entitled to the protection of his state
wherever he may be and is bound to be
obedient and maintain allegiance.
o Doctrine of Indelible Allegiance – Duty
does not follow when citizen is outside
his country
o Assertion of personal jurisdiction:
 Article 15 of NCC – laws relating to
family rights and duties, or to the
status, condition and legal capacities
are binding upon citizens even living
abroad
 Art 16 of NCC – intestate and
testamentary succession shall be
regulated by national law regardless
the nature and location of the property
2. Territorial
o General rule: State has jurisdiction over
all persons and property within its
territory
o Necessary, exclusive and absolute,
susceptible to no limitation not imposed
by itself.
o Exception (State cannot exercise
jurisdiction even within its own territory)
1. Foreign states, heads of states,
diplomatic representative and
consuls to certain degree – by virtue
of sovereign equality of states
2. Foreign state property, including
embassies, consulates, and public
vessels (deemed extension of
territory) engaged in non-commercial
activities
3. Acts of state
4. Foreign merchant vessels exercising
the rights of innocent passage
20
(navigation through territorial seas of
state for purpose of traversing that
sea without entering internal waters)
or arrival under stress (involuntary
entrance due to lack of provisions,
unseaworthiness of vessel, inclement
weather, or other force majeure
5. Foreign armies passing through or
stationed in territories with its
permission
6. Such other persons or property,
including organizations, over which it
may, by agreement, waive
jurisdiction
- Can be exercised:
1. Nationals
2. Terrestrial domain
3. Maritime and fluvial domain – internal
waters are assimilated to the land mass and
subjected to the same degree of jurisdiction
exercised over terrestrial domain. Included
are public vessels not engaged in
commerce. Merchant vessels, civil matters
are within the jurisdiction of the coastal
state, but in criminal matters, depending on
whether:
a. English rule – coastal state shall have
jurisdiction over all offenses committed
on the board such vessel except when
such do not compromise peace of port.
Applicable in the country.
b. French rule – flag state shall have
jurisdiction over all offenses committed
on the board of vessels except where
compromise the peace port
- Continguous zones – zone of the high
seas contiguous to its territorial sea, the
coastal state may exercise control,
necessary to:
1. Prevent infringement of its customs,
fiscal, immigration or sanitary
regulations within its territory or
territorial sea
2. Punish infringement of the above
regulations within its territory or
territorial sea. (not more than 12
miles from coast)
4. Continental shelf
- seabed and subsoil of submarine areas
adjacent to the coast but outside the area
of territorial sea, to depth of 200 meters
or beyond that limit to where depth of
superadjacent waters admits of
exploitation of natural resources and to
seabed and subsoil of similar areas
adjacent to the coasts of islands
- Patrimonial sea – exclusive economic
zone extends 2 hundred nautical miles
from the coast or the baselines
5. Open seas – res communes, but a state may
exercise jurisdiction even in open seas:
o Over its vessels
 Lotus case
 French steamer and Turkish vessel
collided on the Aegean Sea. Officers
were convicted by Turkish courts.
French contended that it has no
jurisdiction since the collision
happened in open sea.
 Held – Case of concurrent
jurisdiction. Art 11 of Convention on
High Seas: In the event of collision,

no penal or disciplinary proceeding
may be instituted against such
person except before judicial or
administrative authorities either of
the flag state or of the state of which
such person is a national
o Over pirates
o In the exercise of the right of visit and
search
o Under the doctrine of hot pursuit –
pursuit must be continuous or unabated
otherwise, it will be deemed to have
cooled and no longer be resumed.
6. Aerial domain – no foreign aircraft, civil or
military may pass through the aerial domain
of a state without its consent. Five air
freedoms:
1. The freedom to fly across foreign
territory without landing
2. The freedom to land for non-traffic
purposes
3. The freedom to put down traffic
originating in the state of the aircraft
4. Freedom to embark traffic destined for
the state of the aircraft
5. Freedom to embark traffic destined for
or to put down traffic originating in
third state
- Convention on Offenses and Certain other
acts Committed on Board Aircraft – it is
the state of registration of the aircraft
that has jurisdiction over offenses and
acts committed on board while it is in
flight or over the high seas or any other
area outside the territory of any state,
except:
1. Offense has effect on the territory of
such state
2. Offense has been committed by or
against a national or permanent
resident of such state
3. Offense is against the security of such
state
4. Offense consists of a breach of any
rules or regulations relating to the
flight or maneuver of aircraft in force
in such state
5. Exercise of jurisdiction is necessary to
ensure the observance of any
obligation of such state under a
multilateral international agreement
7. Outer space – astronauts are envoys of
mankind, state launching object outer space
retain jurisdiction, hence liable to any
damage it may cause
8. Other territories – by virtue of customary or
conventional international law
1. Through assertion of its personal
jurisdiction over its nationals abroad or
the exercise of its rights to punish
certain offenses committed outside
territory against its national interest
even if offenders are non-resident alien
2. On the strength of its relations with
other states, colonial protection,
administer trust territory
3. As consequence of the waiver of
jurisdiction by local state over persons
and things within its territory, like
foreign army stationed therein
4. Through acquisition of extraterritorial
rights. Exterritoriality refers to the
21
exemption of persons and property
from local jurisdiction on the basis of
international custom. Extraterritoriality
refers only to persons and is based on
treaty or convention
5. Through enjoyment of easements or
servitudes like easement of innocent
passage or easement or arrival under
stress
6. Legation or diplomatic intercourse
- Active right – sending diplomatic representatives
- Passive right – receiving diplomatic
representative
- Not a demandable right as it is purely
consensual
- Agents:
1. President – representative of the state,
exempt from civil and criminal jurisdiction,
except if he is the plaintiff, not subject to tax
and foreign currency restrictions.
Ceremonial amenities are also due to him
except traveling in cognito.
2. Foreign Secretary – immediate
representative of president, can make
binding declaration
3. Members of diplomatic service – handles
day-to-day conduct of international affairs.
Classifications are:
1. Ambassadors/nuncios accredited to
heads of state
2. Envoys, ministers or internuncious
accredited to heads of state
3. Charges d’afffairs accredited to
ministers for foreign affairs
o Classification important only in
connection with matters of protocol
or the grant of special honors. In
other respects, the same
prerogatives
4. Diplomatic corps – body consisting of the
different diplomatic representatives who
have been accredited to the same local or
receiving state, headed by doyen du corps
or oldest highest rank. Loose organization
without any corporate character, legal
power or attributes
- Appointment of envoys
o Diplomatic Convention
 the class to which heads of their missions
are to be assigned shall be agreed upon
between the states concerned. Sending
state must make certain that the agrement
of the receiving state has been given for the
person it proposes to accredit as head of
the mission to that state.
 Article 4 – receiving state is not obliged to
give reasons for a refusal of agrement
o Agreation – informal inquiries are addressed
to the receiving state regarding a proposed
diplomatic representative of the sending
state. It is only when consent, also informally,
that diplomatic representative is appointed
and formally accredited.
o President – empowered to appoint
ambassadors, public ministers and consuls
with CA confirmation. He also has exclusive
discretion to receive ambassadors duly
accredited to government
o Commencement of diplomatic mission
 Head of mission to present his credential or
when he has notified his arrival and

presentation of true copy of credentials
before foreign ministry
 Credentials include
1. Letter of credence/letter de creance
2. Diplomatic passport
3. Official instructions
4. Cipher or code book for use in sending
secret communications to his government
o Diplomatic functions
1. Representing the sending state in the
receiving state
2. Protecting in the receiving state the
interests of the sending state and its
nationals
3. Negotiating with the government of the
receiving state
4. Ascertaining by all lawful means conditions
and developments in the receiving state and
reporting therein to the government of the
sending state
5. Promoting friendly relations between the
sending and receiving state and developing
their economic, cultural and scientific
relations
6. May perform consular functions in absence
of consular mission
7. May represent friendly governments on
request or on agreement
o Conduct of diplomatic mission
 Utmost discretion and tact, taking care
always to preserve the goodwill
 Avoid interference with its internal affairs
 Not justified in pitting or aiding one political
party against another, publicly criticizing the
policies or acts of receiving state, employing
threatening or offensive language
 Grave consequences –sending states recall
their diplomatic representatives for
improper discharge of function
RECOGNITION
- Acquired elements of international personality,
not automatically entitled to membership.
Dependent on the acknowledgement of its status
by those already within the willingness to enter
into relations with it
- Membership in international community is
dependent on number of states prepared to admit
it. It may be individual states or number of them
together
- President extend recognition, and not subject to
judicial review
- Recognition theories:
1. Declaratory – affirms only the pre-existing fact
that the entity being recognized already
possesses the status of international person. It
is highly political and discretionary
2. Constitutive – recognition is indispensable
element, mandatory and legal
- Objects of Recognition
o State
 Free act by which one or more states
acknowledge the existence on definite
territory of human society politically
organized, independent of any existing state,
and capable of observing the obligations of
international law, and by which they manifest
therefor their intention to consider it to a
member of international community
 Irrevocable
o Government
22
 Free act by which one or several states
acknowledge that a person or a group of
person is capable of binding the state which
they claim to represent and witness their
intention to enter into relationship with them
 may be withdrawn
 Kinds of government
 De facto
1. Established by inhabitants who rise in
revolt against and depose the
legitimate regime
2. Established in the course of war by
invading forces of one belligerent in the
territory of other belligerent,
government also displaced
3. Established by inhabitants of a state
who secede therefrom without
overthrowing its government
 De Jure
 If no indication of the kind of recognition,
presumption is de jure
 Theories/Principles
1. Tobar or Wilson Principle – recognition
shall not be extended to any government
established by revolution, civil war, coup
detat or other forms of internal violence
until freely elected representatives of the
people have organized a constitutional
government
2. Stimson Principle – it was incumbent
upon members of the League of Nations
not to recognize any situation, treaty, or
agreement which may be brought about
by means contrary to the covenant of the
league of nations or pact of paris
3. Estrada Doctrine – it would, as it saw fit,
continue or terminate its relations with
any country in which a political upheaval
had taken place, and in so doing, it does
not pronounce judgment, either
precipitately or posteriori, regarding the
right of foreign nations to accept,
maintain, or replace their government or
authorities.
 Requirement to recognition of government
1. Objective test – only if it is shown that it
has control of the administrative
machinery of state with popular
acquiescence, maintain order and repel
external aggression
2. Subjective test - that it is willing to
comply with its international obligations
o belligerent community
 Not recognized as a state or government, but
given international personality in connection
with the hostilities they are waging
 Belligerency – inhabitants of state rise up in
arms for the purpose of overthrowing the
legitimate government. More serious and
widespread, directed by civil government,
with settled rules regarding its recognition.
Internal affairs
 Insurgency – initial state of belligerency,
directed by military authorities, not
recognized
 Any damage caused by the rebels to third
state is imputable to the legitimate

government and rebels will be prosecuted as
ordinary criminals. Neither the legitimate nor
the rebel government is allowed to exercise
belligerent rights
 Conditions to recognize belligerent
community
1. There must be organized civil government
directing rebel forces
2. Rebel must occupy substantial portion of
territory of the state
3. Conflict between the legitimate
government and the rebels must be
serious, making outcome uncertain
4. The rebels must be willing and able to
observe laws of war
 Consequences of Recognition of Belligerency
1. Considered as separate state
2. For duration of the hostilities, relationship
between parent state, be governed by the
laws of war. With other states, laws of
neutrality
3. Troops of belligerent – prisoners of war
4. Parent state no longer liable for any
damage caused to third states by rebel
government
5. Belligerents may exercise right of visit and
search upon neutral merchant vessels
6. Rebel and legitimate government – in full
war status
7. Third states recognizing – do not bind
other states which did not extend
recognition.
8. Recognition of parent state – have
general and legal applicability to all other
states
- Kinds of recognition
1. Express
a. Verbal – official call or conference, formal
declaration
b. Writing – treaty, letter, telegram
2. Implied – when recognizing state enters into
official intercourse with the new member by
exchanging diplomatic representatives with it,
concluding with bipartite treaty dealing,
acknowledging its flag. If belligerent
community, legitimate government blockades
port held by former or when other states
observe neutrality. Clear recognition of:
a. Treat with the new state as such
b. Accept the new government as having
authority to represent the state it purports
to govern and to maintain diplomatic
relations with it
c. Recognize in the case of insurgents that
they are entitled to exercise belligerent
rights
- Effect of common membership in an international
organization of states that have not previously
recognized each other – deemed to recognized
each other only within the said body and not
elsewhere
- Effects of Recognition of States and Governments
1. Full diplomatic relations are established
except: De Facto
2. Recognized state or government acquires the
right to sue in the courts of the recognizing
state – foreign power brings an action to court
not as a matter of right, but a creature of
comity. Mere breach of diplomatic relations
does not have the effect of withdrawing the
right to sue. To cite a foreign sovereign in
municipal courts of another state would be an
23
insult which he is entitled to resent and would
certainly vex the peace of nations
3. Right to the possession of the properties of its
predecessor in the territory of recognizing
state
4. Validate retroactively, preventing the
recognizing state from passing upon their
legality in its own court
- Oetjen vs Central Leather Co
o Hides in Mexico belonging to X were seized by
Carranza government, then engaged in civil war,
and sold to an American firm. X filed action to
recover. No government was recognized by US.
o When a government which originates in
revolution or revolt is recognized by political
department as de jure of country in which it is
established, such recognition is retroactive in
effect, and validates all the actions and conduct
of the government so recognized from the
commencement of its existence
o Conduct of one government cannot be
questioned in courts of another
Diplomatic Suite or Retinue
- Consists of diplomatic staff, administrative and
technical staff and service staff
- Enjoys the same rights as the diplomatic staff
except the immunity from civil and administrative
jurisdiction shall not extend to unofficial acts
- Private servants of the official members of the
mission, not nationals or permanent residents,
enjoy only exemption from dues and taxes on their
income from the mission and such other
immunities and privileges as may be granted by
the receiving state
Duration
- From the moment he enters, or if already there,
the moment his appointment is notified to the
foreign ministry
- When functions have come to an end, privileges
and immunities shall normally cease from the
moment he leaves the country or on expiry on
reasonable time in which to do so
- Acts performed in the exercise of his official
functions, immunity shall continue indefinitely as
it supposed to have attached not to him personally
but to the state he was presenting
- Privileges and immunities available even in
transitu (when traveling through a third state on
the way to or from the receiving state)
Termination of diplomatic mission
- Usually same methods of terminating official
relations under domestic law:
o Death
o Resignation
o Removal
o abolition of office
- Under International Law
o Recall - demanded by receiving state when
diplomat becomes persona non grata
o Dismissal
- Others
o Outbreak of war between sending and receiving
states
o Extinction of either sending or receiving states
- Change of government not disturbed if peaceful, If
by means of violence, suspended

Consuls
- State agents residing abroad for various purposes
but mainly in interest of commerce and navigation
- Not charged with duty of representing their states
in political matters nor are they accredited to the
state where they are supposed to discharge their
functions
- Do not ordinarily enjoy all traditional diplomatic
immunities and privileges
- Public officers not only by the sending but also the
receiving
- Kinds
1. Consules missi – professional or career consuls
who are nationals of the appointing state and
are required to devote their full time to
discharge their consular duties
2. Consules electi – may not be nationals of
appointing state and perform their consular
functions only in addition to their regular
callings
- Classification under Consular Convention
according to importance
1. Consul general
2. Consul
3. Vice-consul
4. Consular agent
- Appointment: Derive their authority from 2
principal sources
1. Letter patent/letter de provision – commission
issued by sending state
2. Exequatur – authority given to them by the
receiving state to exercise their duties therein
- Severance of diplomatic relations shall not ipso
facto involve severance of consular relations and
vice versa
- Consent to establish diplomatic relations implies,
unless otherwise stated, consent to establish
consular relations
- Functions
1. Duties pertaining to commerce and navigation
a. Principal duty: Promote commercial interest
of their country in the receiving state, observe
trend and report to home government
b. Visiting and inspecting vessels of their own
state, exercising measure of supervision over
such vessels
2. Issuance of visas and passports
3. Protection of nationals
a. Authenticate documents
b. Solemnize marriages
c. Register births and deaths
d. Temporarily administer the estates of
deceased nationals
e. Visit arrested or detained and assist them in
the proceedings
- Termination of consular mission
1. Usual mode: Removal, resignation, death,
expiration of term
2. Exequatur may be withdrawn by appointing or
receiving state
3. War – consulate is closed and archives are
sealed, left in the custody of caretaker
THE PHILIPPINE CONSTITUTION
Constitution
- written instrument enacted by direct action of the
people by which the fundamental powers of the
government are established, limited, defined and
distributed among several departments for their
24
safe and useful exercise for the benefit of the body
politic.
- Purpose:
o To grant (consti 1) and limit (consti 2- people’s
rights) governmental authority.
o To prescribe permanent framework of a system
of government
o To assign to the several departments their
respective powers and duties
o To establish certain first principles on which the
government is founded.
- Written instrument agreed upon by people which
are absolute rule of action and decision (Supreme
Law)
Classifications of Constitution
a. based on extent of observance
1. Normative-Norms directs governmental action
2. Nominal- not yet operative due to socio-
economic conditions. Educational.
3. Semantic- Tool for the perpetuation of power.
b. As to form
1. Written
– embodied in one document
2. Unwritt
en – not integrated into one single concrete
form but are scattered in various sources
c. As to manner of adaption
1. Enacted
/Conventional – formally struck off at a definite
time and place following a conscious or
deliberate effort taken by a constituent
body/ruler
2. Evolved/
Cumulative – result of political evolution,
changing by accretion rather than systematic
method.
d. As to manner of ratification
1. Rigid –
one which can be amended by a formal and
usually difficult process
2. Flexible
– Changed by ordinary legislation
Essential Parts of Good Written Constitution
1. Constitution of government- sets up the
government structure, enumerating its powers,
laying down certain rules relative to its
administration and defining the electorate.
2. Constitution of Liberty- provisions which
guarantee fundamental civil and political
rights/liberties against government abuse
3. Constitution of Sovereignty-outline the process
whereby sovereign people may change the
constitution
Constitutional Law
- Body of rules resulting from the interpretation by
high court of cases in which the validity has been
challenged.
Constitutionalism in the Philippines
1. Malolos Constitution
2. Treaty of Paris
3. Organic Laws under American Period
a. McKinley’s instruction to 2nd Phil Commission
(April 7, 1900)
b. Spooner Amendment (1901) – Office of Civil
Governor was created and the authority of
military governor was transferred to civil
governor.
c. Philippine Bill of 1902
 25

d. Jones Law/Philippine Autonomy Act of 1916

4. Japanese Occupation
 January 2, 1942
5. Tydings-McDuffie Law – 1935
Constitution/Commonwealth Government.
 July 30,1934 to February 8,1935, first draft on
May 14,1935, operative on November 15,1935.
July 4, 1946-declaration of independence
6. 1973 Constitution-
 Mar 16 2967- Resolution 2 as amended by 4
(6/17/1969) to call convention to proposed
amendments
 June 1 1971- Constitutional convention started
 Sept 21 1972-Martial law
 Nov 29, 1972-convention approved proposed
consti
 Nov 30 1972- PD 73 to ratify/reject by people
 Jan 15 1973-plebiscite but was rescheduled by
Gen order 20
 Jan 17, 1973- Proc 1102 ratification of
constitution
7. Freedom Constitution – Proclamation No 3
 Feb 8, 1986-Snap Election
 Feb 15 1986 – declaration of winner
 Feb 22 1986- start of EDSA revolution
 Feb 25 1986- Corazon Aquino was declared pres
by Claudio Teehankee
8. 1987 Constitution
 30-50 members-natural-born citizens
 June 1 1986-Oct 15 1986
 Feb 2 1987-plebiscite
Revision Amendment
A change that alters a basic Change that adds, reduces or
principle in the constitution deletes without altering the
or alters the substantial basic principle involved.
entirety of the constitution.
Affects several provisions of Affects specific provision
constitution being changed.
- 2-part test
a. Quantitative test – whether the proposed
change is so extensive in its provisions as to
change directly the substantive entirety. It
considers the number of provisions affected
b. Qualitative test – inquires into the qualitative
effects of the proposed change in the nature of
basic governmental plan as to amount revision.
Self-Executing vs non-executing provisions – See
Nachura
Rules on Interpretation - See Nachura
GENERAL CONSIDERATIONS
State Immunity
Article XVI General Provisions
SECTION 3. The State may not be sued without its
consent.
Suit against a State –

Amendments vs Revision When there is consent

a. Express
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.
1. Money claims arising from contracts
o Act 3083 - adjudicate claims for
compensation for personal injury or
property damage arising out of or resulting
from a nuclear incident. No action, suit or
proceeding for compensation for personal
injury or property damage arising out of or
resulting from a nuclear incident may be
instituted against the designer,
manufacturer, contractor and/or supplier of
nuclear equipment, and all such claims for
compensation shall be filed with the
Nuclear Indemnity Board
o CA 327 as amended by PD 1445, S26
 it is the COA which has primary
jurisdiction over money claims against
government agencies and
instrumentalities.
 examination, audit, and settlement of all
debts and claims of any sort due from or
owing to the:
 Government or any of its subdivisions,
agencies and instrumentalities.
 government-owned or controlled
corporations, including their
subsidiaries,
 Other self-governing boards,
commissions, or agencies of the
Government
 Non-governmental entities subsidized
by the government,
 Those funded by donations through
the government
 Those required to pay levies or
government share, and
 those for which the government has
put up a counterpart fund or those
partly funded by the government

2. Torts committed by special agents
o NCC 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.
o 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
Article 2176 (Quasi-delict) shall be
applicable.
3. Incorporated government agencies
(unincorporated agencies exercising
proprietary functions may be sued)
b. Implied
1. Government submits itself to the jurisdiction
of the court by filing a complaint
2. Government entering into business contracts
3. Inequitable for government to claim
immunity
Suits against municipal corporations
RA 7160, S22. Corporate Powers. – (a) Every local
government unit, as a corporation, shall have the
following powers:
(1) To have continuous succession in its corporate
name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to
corporations, subject to the limitations provided in
this Code and other laws.
RA 7160, S24. Liability for Damages. – Local
government units and their officials are not exempt
from liability for death or injury to persons or
damage to property.
- Immunity from jurisdiction
o General rule - jurisdiction within its territory
is complete and absolute.
o Exceptions:
1. Sovereign immunity – includes:
a. Immunity of head of state
 Mighell v. Sultan of Johore – Sultan
was sued for breach of promise to
marry (private matter). Case was
dismissed as immunity is absolute.
 The Pinochet Case - General
Augusto Pinochet led a 1973
military coup that overthrew
democratically-elected Chilean
President Salvador Allende. During
his 17-year dictatorship, thousands
more were killed, tortured or
exiled. British law lords ruled that
Pinochet did not enjoy immunity
from prosecution as a former head
of state and could be extradited to
Spain. Former head of state enjoys
only immunity ratione materiae in
relation to acts done by him as
head of state as part of his official
functions as head of state.
b. State Immunity
26
 based on the principle of equality
of states: par in parent non habet
imperium
 This perfect equality and absolute
independence of sovereigns, and
this common interest impelling
them to mutual intercourse have
given rise to a class of cases in
which every sovereign is
understood to waive the exercise of
a part of that complete exclusive
territorial jurisdiction, which has
been stated to be the attribute of
every nation.
 Immunity came to be reserved only
for acts jure imperii (governmental
acts) but not for acts jure gestionis
(trading and commercial acts). It
includes contract which relates to
the exercise of its sovereign
functions
 Jure gestionis is no longer exempt
since States engage in commercial
activities and, enter into
competition with their own
nationals and with foreigners. 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. Examples:
 hiring of a cook in the
recreation center catering to
American servicemen and the
general public at the John Hay
Air Station in Baguio City
 bidding for the operation of
barber shops in Clark Air Base
 Guidelines in determining acts jure
gestionis - whether the foreign
state is engaged in the activity in
the regular course of business. If
the foreign state is not engaged
regularly in a business or trade, the
particular act or transaction must
then be tested by its nature. If the
act is in pursuit of a sovereign
activity, or an incident thereof,
then it is an act jure imperii,
especially when it is not
undertaken for gain or profit.
 How a state claim sovereign
immunity:
 requests the Foreign Office of
the state where it is sued to
convey to the court that said
defendant is entitled to
immunity
 In Phil - foreign government or
the international organization
to first secure an executive
endorsement of its claim of
sovereign or diplomatic
immunity
2. Diplomatic and consular immunities
a. Diplomatic immunities - Diplomats are
concerned with the political relations
of states
 Definitions
 the "head of the mission ” is the
person charged by the sending

State with the duty of acting in
that capacity;
 the “members of the mission”
are the head of the mission and
the members of the staff of the
mission;
 the “members of the staff of
the mission ” are the members
of the diplomatic staff, of the
administrative and technical
staff and of the service staff of
the mission;
 the “members of the diplomatic
staff" are the members of the
staff of the mission having
diplomatic rank;
 a “diplomatic agent" is the head
of the mission or a member of
the diplomatic staff of the
mission;
 the “members of the
administrative and technical
staff" are the members of the
staff of the mission employed in
the administrative and technical
service of the mission;
 the “members of the service
staff" are the members of the
staff of the mission in the
domestic service of the mission;
 a “private servant” is a person
who is in the domestic service
of a member of the mission and
who is not an employee of the
sending State;
 the “premises of the mission"
are the buildings or parts of
buildings and the land ancillary
thereto, irrespective of
ownership, used for the
purposes of the mission
including the residence of the
head of the mission.
 The functions of the diplomatic
mission:
1. representing the sending State
in the receiving State;
2. protecting in the receiving
State the interests of the
sending State and of its
nationals, within the limits
permitted by international law;
3. negotiating with the
Government of the receiving
State;
4. ascertaining by all lawful
means conditions and
developments in the receiving
State, and reporting thereon to
the Government of the sending
State;
5. promoting friendly relations
between the sending State and
the receiving State, and
developing their economic,
cultural and scientific relations.
 Rights and privileges of the
diplomatic mission:
1. The premises of the
mission shall be
inviolable.
27
 The receiving State is under
a special duty to take all
appropriate steps to protect
the premises of the mission
against any intrusion or
damage and to prevent any
disturbance of the peace of
the mission or impairment
of its dignity.
 Immune from search,
requisition, attachment or
execution.
2. Tax exemptions
 Exempt from all national,
regional or municipal dues
and premises taxes other
than such as represent
payment for specific
services rendered.
 Not apply to such dues and
taxes payable under the law
of the receiving State by
persons contracting with the
sending State or the head of
the mission.
3. The archives and documents of
the mission shall be inviolable
at any time and wherever they
may be.
 The receiving State shall
permit and protect free
communication on the part
of the mission for all official
purposes. Mission may
employ all appropriate
means, including diplomatic
couriers and messages in
code or cipher including a
wireless transmitter if
consented by receiving
State.
 The official correspondence
of the mission shall be
inviolable.
 The diplomatic bag shall not
be opened or detained.
 The packages constituting
the diplomatic bag must
bear visible external marks
of their character and may
contain only diplomatic
documents or articles
intended for official use.
 The diplomatic courier, who
shall be provided with an
official document indicating
his status and the number of
packages constituting the
diplomatic bag, shall be
protected by the receiving
State in the performance of
his functions. He shall enjoy
personal inviolability and
shall not be liable to any
form of arrest or detention.
 The sending State or the
mission may designate
diplomatic couriers ad hoc.
 A diplomatic bag may be
entrusted to the captain of a
commercial aircraft

scheduled to land at an
authorized port of entry. He
shall not be considered to
be a diplomatic courier.
 Rights and privileges of the
diplomatic Agents:
1. The person of a diplomatic
agent shall be inviolable (from
arrest or detention)
2. The private residence, his
papers, correspondence and,
except Article 31 par 3 and
property of a diplomatic agent
shall enjoy the same
inviolability and protection as
the premises of the mission.
3. A diplomatic agent shall enjoy
immunity from the criminal
jurisdiction of the receiving
State and from its civil and
administrative jurisdiction
 Except
a. a real action relating to
private immovable
property situated in the
territory of the
receiving State, unless
he holds it on behalf of
the sending State for
the purposes of the
mission
b. an action relating to
succession in which the
diplomatic agent is
involved as executor,
administrator, heir or
legatee as a private
person and not on
behalf of the sending
State;
c. An action relating to any
professional or
commercial activity
exercised by the
diplomatic agent in the
receiving State outside
his official functions.
 A diplomatic agent is not
obliged to give evidence as a
witness.
 No measures of execution
may be taken in respect of a
diplomatic agent except:
i. in the cases coming
under sub-paragraphs
ii. Provided that the
measures concerned can
be taken without
infringing the
inviolability of his person
or of his residence.
 The immunity of a record fees, mortgage
diplomatic agent from the
jurisdiction of the receiving
State does not exempt him
from the jurisdiction of the
sending State.
 The immunity from
jurisdiction of diplomatic
agents and of persons
enjoying immunity under
28
Article 37 may be waived by
the sending State.
1. Waiver must always be
express.
2. It can be in estoppel.
3. Waiver of immunity
from jurisdiction not
deemed waiver of
immunity in respect of
the execution of the
judgment, for which a
separate waiver shall be
necessary.
4. With respect to services
rendered for the sending State,
exempt from social security
provisions of receiving State.
 Shall also apply to private
servants solely employed by
diplomatic agent, provided:
1. that they are not
nationals of or
permanently resident in
the receiving State;
2. that they are covered by
the social security
provisions which may be
in force in the sending
State or a third State.
5. Exempt from all dues and
taxes, personal or real,
national, regional or municipal
 Exceptions:
1. Indirect taxes of a kind
which are normally
incorporated in the
price of goods or
services;
2. dues and taxes on
private immovable
property situated in the
territory of the receiving
State, unless he holds it
on behalf of the sending
State for the purposes
of the mission
3. estate, succession or
inheritance duties levied
by the receiving State
4. dues and taxes on
private income of source
is in receiving State and
capital taxes on
investments made in
commercial
undertakings in the
receiving State;
5. charges levied for
specific services
rendered;
6. registration, court or
dues and stamp duty,
with respect to
immovable property,
subject to the provisions
of Article 23.
 May be given permit entry
of and grant exemption
from all customs duties,
taxes, and related charges
other than charges for

storage, cartage and similar
services, on:
1. articles for the official
use of the mission;
2. articles for the personal
use of a diplomatic
agent or members of his
family forming part of
his household, including
articles intended for his
establishment.
3. The personal baggage of
a diplomatic agent shall
be exempt from
inspection, unless there
are serious grounds for
having it inspected.
 Rights and privileges of members
of family of a diplomatic agent:
1. If they are not nationals of the
receiving State, enjoy the
privileges and immunities
specified in Articles 29 to 36
2. Members of the administrative
and technical staff of the
mission, together with
members of their families
forming part of their respective
households, shall, if they are
not nationals of or
permanently resident in the
receiving State, enjoy the
privileges and immunities
specified in Articles 29 to 35,
except that no immunity from
civil and administrative
jurisdiction of the receiving
State if acts performed outside
the course of their duties. They
shall also enjoy the privileges
specified in Article 36,
paragraph 1, in respect of
articles imported at the time of
first installation.
3. Members of the service staff of
the mission who are not
nationals of or permanently
resident in the receiving State
shall enjoy immunity in respect
of acts performed in the course
of their duties, exemption from
dues and taxes on the
emoluments they receive by
reason of their employment
and the exemption contained
in Article 33.
4. Private servants of members of
the mission, be exempt from
dues and taxes on the
emoluments they receive by
reason of their employment. In
other respects, they may enjoy
privileges and immunities only
to the extent admitted by the
receiving State.
5. A diplomatic agent who is a
national of or permanently
resident in that State shall
enjoy only immunity from
jurisdiction, and inviolability, in
respect of official acts
29
performed in the exercise of
his functions.
6. Members of the staff of the
mission and private servants
who are nationals of or
permanently resident in the
receiving State shall enjoy
privileges and immunities only
to the extent admitted by the
receiving State.
 Privileges and immunities shall
enjoy them from the moment he
enters the territory of the receiving
State on proceeding to take up his
post or, when his appointment is
notified to the Ministry for Foreign
Affairs or such other ministry as
may be agreed.
 Normally cease at the moment
when he leaves the country, or on
expiry of a reasonable period
b. Consuls and consular immunities –
Concerned on administrative and
economic issues such as the issuance
of visas
 Consular functions:
a. Protecting in the receiving
State the interests of the
sending State and of its
nationals, both individuals and
bodies corporate, within the
limits permitted by
international law;
b. promoting friendly relations
and furthering the
development of commercial,
economic, cultural and
scientific relations between the
sending State and the receiving
State.
c. Ascertain and report by all
lawful means conditions and
developments in the
commercial, economic, cultural
and scientific life of the
receiving State
d. issuing passports and travel
documents to nationals of the
sending State, and visas or
appropriate documents to
persons wishing to travel to the
sending State;
e. helping and assisting nationals,
both individuals and bodies
corporate, of the sending State;
f. Acting as notary and civil
registrar and other certain
functions of an administrative
nature
g. safeguarding the interests of
nationals, in cases of
succession mortis causa
h. safeguarding, the interests of
minors and other persons
lacking full capacity
i. Representation for nationals of
the sending State before the
tribunals and other authorities
of the receiving State, including
provisional measures for the
preservation of the rights and
interests of these nationals,

j. transmitting judicial and
extrajudicial documents or
executing letters rogatory or
commissions to take evidence
for the courts of the sending
State
k. exercising rights of supervision
and inspection in respect of
vessels and aircrafts having the
nationality of the sending
State, including crew.
l. Extending assistance to vessels
and aircraft, taking, examining,
and stamping statements
regarding the voyage of a
vessel
m. Any other functions not
prohibited by the laws and
regulations of the receiving
State
 The head of a consular post is
admitted by an authorization from
the receiving State termed an
exequatur.
 Rights and privileges of all
members of consular post.
1. Freedom from movement
2. Freedom of communication
 employ all appropriate
means, including diplomatic
or consular couriers,
diplomatic or consular bags
and messages in code or
cipher
 official correspondence of
the consular post shall be
inviolable
 The consular bag shall be
neither opened nor
detained
 The packages constituting
the consular bag shall bear
visible external marks of
their character and may
contain only official
correspondence and
documents or articles
intended exclusively for
official use
3. Communication and Contact
with Nationals of Sending State
 Consular officers shall be
free to communicate with
nationals of the sending
State and to have access to
them. Nationals of the
sending State shall have the
same freedom with respect
to communication with and
access to consular officers of
the sending State;
 Competent authorities of
the receiving State shall,
without delay, inform the
consular post of the sending
State if, within its consular
district, a national of that
State is arrested or
committed to prison or to
custody pending trial or is
detained in any other
manner.
30
 Consular officers shall have
the right to visit a national
of the sending State who is
in prison, custody or
detention, to converse and
correspond with him and to
arrange for his legal
representation.
4. Personal inviolability of
Officers
 Not be liable to arrest or
detention pending trial,
except in the case of a grave
crime
5. Consular officers and consular
employees shall not be
amenable to the jurisdiction of
the judicial or administrative
authorities of the receiving
State in respect of acts
performed in the exercise of
consular functions, except:
 arising out of a contract
concluded by a consular
officer or a consular
employee in which he did
not contract expressly or
impliedly as an agent of the
sending State;
 By a third party for damage
arising from an accident in
the receiving State caused
by a vehicle, vessel or
aircraft.
6. Members of a consular post
may be called upon to attend
as witnesses. A consular
employee or a member of the
service staff shall not, except
in the cases mentioned in
paragraph 3 of this Article,
decline to give evidence.
7. Immunity of International
Organizations
- The Act of State Doctrine
a. Every sovereign state is bound to respect the
independence of every other sovereign state,
and the courts of one country will not sit in
judgment on the acts of the government of
another, done within its own territory. Redress
of grievances by reason of such acts must be
obtained through the means open to be availed
of by sovereign powers as between themselves.
b. Rule not of international law but of judicial
restraint in domestic law whereby courts refrain
from making decisions in deference to the
executive who is the principal architect of
foreign relations.
c. It arises out of the basic relationships between
branches of government in a system of
separation of powers.
d. Alfred Dunhill of London, Inc. v. Cuba - The issue
was whether the failure of Cuba to return to
Dunhill funds mistakenly paid by Dunhill for
cigars that had been sold to Dunhill by certain
expropriated Cuban cigar businesses was an “act
of state” by Cuba precluding an affirmative
judgment against respondents. Ruling: an act of
state should not be extended to include the
repudiation of a purely commercial obligation

owed by a foreign sovereign or by one of its
commercial instrumentalities.
e. Kirkpatrick Co. v. Environmental Tectonics Corp -
Nigerian government contracted Kirkpatrick for
the construction and equipment of an
aeromedical center at Kaduna Air Force Base in
Nigeria. Environmental Tectonics Corporation,
an unsuccessful bidder upon learning that
Kirkpatrick had bribed Nigerian officials in
winning the contract, brought the matter to
Nigerian Air Force and to the United States
Embassy in Lagos. Charges was initiated against
Kirkpatrick for violations of the Foreign Corrupt
Practices Act of 1977. The defendants moved to
dismiss due to act of state doctrine. Court ruled
that the act of state doctrine is not applicable
where the validity of a foreign government act is
not in issue. Acts of foreign sovereigns taken
within their own jurisdictions shall be deemed
valid.
Suits against foreign states
a. Diplomatic
o Reason: Fiction of exterritoriality by which he was
considered an extension of the state he was
representing
1. Personal inviolability
 attack on them is serious offense
 Not liable to any form of arrest or detention
 Treatment – full respect, take all appropriate
steps to prevent any attack on his person,
freedom or dignity
 RA 75 – any person who assaults, strikes,
wounds, imprisons, or in any other manner
offers violence to person of ambassador or
public minister, in violation of the law of
nations with imprisonment for not more than
3 years, fine not exceeding 200 pesos (does
not include honor)
2. Immunity from jurisdiction
 Civil, criminal and administrative jurisdiction,
except:
a.Real action relating to private immovable
property situated in the territory of the
receiving state, unless he holds it on behalf
of the sending state for the purposes of
mission
b.Action relating to succession in which the
diplomatic agent is involved as executor,
administrator, heir or legatee as a private
person and not on behalf of sending state
c. Action relating to any professional or
commercial activity exercised by the
diplomatic agent in the receiving state
outside his official functions
 Immunity may be waived expressly by the
sending state or the head of mission
 Waived impliedly, person entitled to immunity
commences proceedings in local state
 Waiver of immunity from jurisdiction in
respect of civil or administrative proceedings
shall not be held to imply waiver of immunity
in respect of execution of judgment, separate
waiver is necessary
 RA 75 – writ of process sued out or
prosecuted by any person in any court,
whereby the person of any ambassador or
public minister of any foreign state, any
domestic servant of any such ambassador is
arrested or imprisoned, or his goods, shall be
b. Consular
deemed void
31
 Diplomatic immunity is political question and
courts should refuse to look beyond
determination by the executive branch
 Where the plea of immunity is recognized and
affirmed by the executive branch, it is the duty
of the courts to accept this claim so as not to
embarrass the executive arm of the
government in conducting the country’s
foreign relations
3. Inviolability of diplomatic premises
 May not enter except with the consent of the
head of mission
 Receiving state has special duty to take all
appropriate steps to protect the premise of
the mission against any intrusion or damage,
disturbance of peace or impairment of its
dignity
 Premises, furnishings and other property
thereon shall be immune from search,
requisition, attachment or execution
 Franchise de l’hotel – derived from principle
of exterritoriality, extending immunity from
local law to the diplomatic premises, including
envoy’s offices, residence, out-buildings,
means of transportation, compound where
these are found.
 Except: clear and urgent necessity to take
forcible measures to arrest any person (Sun
Yat Sen arrest in the Chinese legation in
London)
4. Inviolability of archives
 Receiving state has no right to pry into official
papers and records of a foreign diplomatic
mission
 True even in case of armed conflict, archives
must remain sealed and may not be
confiscated by local state
5. Inviolability of Communication
 Right to free communication is recognized and
protected by international law
 May employ all appropriate means, including
diplomatic couriers and messages in code and
ciphers
 Shall not be opened or detained,
 Diplomatic courier carrying the diplomatic bag
shall be protected by the receiving state in the
performance of his functions, enjoy personal
inviolability and not be liable to any form of
arrest or detention
6. Exemption from testimonial duties
 Not obliged to give evidence as a witness
 Not prohibited by international law from
doing so, and may waive this privilege when
authorized by his government
7. Exemption from taxation
Personal baggage is also free from inspection
unless there are serious grounds for presuming
that it contains articles not exempt from
customs duties
8. Other privileges
 Receiving state shall ensure to all members of
mission freedom of movement and travel in
its territory
 Exempt from personal services, public services
of any kind, military obligation, requisitioning,
military contributions and billeting
 Right to use the flag and emblem of the
sending state on the premises of the mission,
residence and on his means of transport

- Immunities and Privileges
1. Right to official communication and may
correspond with home government by means of
codes or cipher without being subjected to
censorship or unreasonable restraint
2. Inviolability of their archives, may not be
examined or seized (but not to extend to
consular premises themselves, where legal
processes may be served and arrests made
without violation of international law)
3. Exempt from local jurisdiction for crimes
committed in the discharge of their official
functions. But for comity, usually not prosecuted
for minor offenses and given adequate
opportunity to secure release on bail
4. Immunity from suit if performed in the course of
official duties
5. Exempted from taxation, customs duties, service
in the militia, social security
6. Privileges to display their national flag and
insignia
Suits against International Agencies
- Kapisanan ng mga Manggagawa v. The
International Rice Research Institute (IRRI) - IRRI
was created not by a treaty but by a
Memorandum of Agreement between the
Philippine Government and the Rockefeller and
Ford Foundations. By PD, IRRI was granted the
status, prerogatives, privileges and immunities of
an international organization. The Supreme Court
has consistently recognized the immunity granted
declaring it to be on the same footing as the
International Catholic Migration Commission.
- DFA vs NLRB - issue was whether the National
Labor Relations Commission could assume
jurisdiction over a case of illegal dismissal against
ADB. Court upheld the immunity, as per ADB’s
Charter: Article 50(1) - The Bank shall enjoy
immunity from every form of legal process,
except in cases arising out of or in connection
with the exercise of its powers to borrow money,
to guarantee obligations, or to buy and sell or
underwrite the sale of securities.
- Diplomatic immunity is essentially a political
question and courts should refuse to look beyond
a determination by the executive branch of the
government, duty of the courts to accept the
claim of immunity upon appropriate suggestion
by the principal law officer of the government
- Jeffrey Liang (Hue Feng) v. People - criminal
complaint against Jeffrey Liang, an ADB official,
for grave oral defamation. Court ruled that the
immunity granted to officers and staff of the ADB
was not absolute; but limited to acts performed
in an official capacity and could not cover the
commission of a crime
Convention of the Privileges and Immunities of UN
Privileges and Immunities of the United Nations
- Principal organs
1. General Assembly
- All members are represented (not more
than 5 plus 5 alternates and technical staff
as it may need), plenary powers to discuss
any question or any matters within the
scope of the ... Charter.
- Important questions are decided by a two-
thirds majority of the members voting and
present. “Other questions” require only a
majority.
32
- Charter identifies what the “important
questions” are and the GA may, by a
majority vote, identify other important
questions.
- Meets in regular annual session beginning
3rd Sunday of September, or Special session
at the call of majority or request of SC
- Functions:
1. Deliberative – initiating studies and
making recommendations toward the
progressive development of international
law, and its codification and
recommending measures for the peaceful
adjustment of any situation which impair
general welfare or friendly relations
among nations
2. Supervisory – receiving and considering
annual and special reports from the other
organ, making recommendations for the
coordination of their various functions
and approving trusteeship agreements in
non-strategic areas
3. Financial – approval of budget of the
Organization, apportionment of expenses,
approval of financial arrangements
4. Elective – election of non-permanent
members of SC, Economic and Social
Council, Trusteeship Council, including
concurrence with SC, Secretary-General
and judges of ICJ
5. Constituent – admission of members and
amendment of the Charter
2. the Security Council
- primary responsibility for the maintenance
of international peace and security
- 15 member states consisting of:
o Permanent – Big five (China, France,
Russia [in place of the former USSR],
United Kingdom and the US).
o Elected - for two year terms (5 from
African and Asian States, 2 from Latin
Americas, 2 Western European, 1 Eastern
European)
- power of double veto - decision on whether
a matter is procedural or not also requires
the concurrence of the permanent
members, again decide for its merit.
- abstention on non-procedural question is
not considered a veto
- Chairmanship – rotated every calendar
month on the basis of English Alphabetical
Order
- Yalta Formula devised at Crimea Conference
– guided the voting under Art 27
o Each member, 1 vote with distinction
made between Big Five and non-
permanent members
o Matters that are not procedural require
nine affirmative votes, including the
“concurring votes of the permanent
members
o Procedural Matters – decided by
affirmative vote of any nine or more
members
 Relating to organization and meetings
 Establishment of subsidiary organs
 Participation of states parties to a
dispute in discussion of organs
 Maintaining or restoring world peace
o No SC allowed to vote on pacific
settlement of dispute to which it is a
party

- Approves trusteeship agreements in
strategic areas and performs voting and
constituent functions, those relating to
admission, discipline of members of UN,
election of judges, and amendment of
charter
3. the Economic and Social Council (ECOSOC)
- Originally 18 members, enlarged to 27, then
to 54 member states elected for three year
terms
- large number of subsidiary organs, including
UN Commission on Human Rights and the
Commission on the Status of Women
- Exerts efforts toward:
1. Higher standards of living, full
employment, and conditions of
economic and social progress and
development
2. Solutions of international economic,
social, health and related problems,
and international cultural and
educational cooperation
3. Universal respect for, and observance
of, human rights and fundamental
freedoms for all without distinction as
to race, sex, language or religion
4. the Trusteeship Council
- supervises non-self governing territories
- Assist SC and GA
- Consider reports submitted by the
administering authorities, accept petitions
and examine them in consultation with
administering authorities
- Provide for periodic visits to trust territories
at times agreed upon with administering
authorities
- Take such action in conformity with the
terms of questionnaire on political,
economic, social, and educational
advancement of inhabitants of trust
territories
- Composed of:
1. Members of UN administering trust
territories
2. Permanent members of SC not
administering trust territories
3. Many other members elected for 3 year
term by GA to ensure that total number
of members is equally divided between
members of UN administering trust
territories and those which do not
5. the International Court of Justice (ICJ)
- principal judicial organ of the UN
- All members are ipso facto parties to the
statute
- Non-member may become party on
conditions to be determined in each case by
GA upon recommendation of SC
- 15 members, elected by absolute majority
vote in GA and SC
- Those with high-moral character, possess
qualifications required in their respective
countries for appointed to their highest
judicial offices, or juriconsult of recognized
competence in international law
- No 2 members belong to the same state,
eldest shall be considered elected
6. The Secretariat.
- shall comprise a Secretary General and such
staff required
- Secretary General is elected to a five year
term by the General Assembly upon the
33
recommendation of the Security Council,
subject to veto power. He is the chief
administrator and has the power to “bring
to the attention of the Security Council
- Secretary General – entitled full diplomatic
immunities and privileges that only SC can
waive. He can waive those of other key-
officials
- Duty to bring to the attention of SC any
matter which in his opinion may threaten
international peace and security, the same
he may personally mediate upon authority
of SC
- Secretary in all meetings of GA, SC, ESC, TC
- Prepares budget for submission to GA,
provides technical facilities to different
organs
Subsidiary Organs – those created by or in
accordance with the charter
1. Military staff committee
2. International Law Commission
3. Commission on Human Rights
Specialized Agencies – Not part of UN but brought
into close contact because of their purposes and
functions.
1. WHO
2. IMF
3. Technical assistance Board
Other Agencies
- United Nations Educational, Scientific and Cultural
Organization (UNESCO)
- The International Civil Aviation Organization (ICAO)
- World Health Organization (WHO)
- Food and Agricultural Organization (FAO)
- World Bank
- International Monetary Fund (IMF).
Regional Organizations: ASEAN
- Established on 8 August 1967 in Bangkok, Thailand,
under Bangkok Declaration
- Members:
o five original Member Countries namely
Indonesia, Malaysia, Philippines, Singapore
and Thailand.
o Brunei Darussalam - 8 January 1984.
o Vietnam - 28 July 1995.
o Laos and Myanmar - 23 July 1997.
o Cambodia - 1999.
- Effort to promote economic cooperation and the
welfare of the people in the region.
- 3 main objectives
1. to promote the economic, social and cultural
development of the region through
cooperative programs;
2. to safeguard the political and economic
stability of the region against big power rivalry;
3. to serve as a forum for the resolution of
intraregional differences.
- Aims and purposes of the Association
1. to accelerate economic growth, social progress
and cultured development in the region
2. to promote regional peace and stability
through abiding respect for justice and the
rule of law in the relationship among countries
in the region and adherence to the principles
of the United Nations Charter.
- Three pillars

1. ASEAN Security Community,
2. ASEAN Economic Community
3. ASEAN Socio- Cultural Community.
- Fundamental principles under Treaty of Amity and
Cooperation in Southeast Asia (TAC):
1. mutual respect for the independence,
sovereignty, equality, territorial integrity, and
national identity of all nations;
2. the right of every State to lead its national
existence free from external interference,
subversion or coercion;
3. non-interference in the internal affairs of one
another;
4. settlement of differences or disputes by
peaceful manner; — renunciation of the threat
or use of force; and — effective cooperation
among themselves.
Delegation of Powers
- GR: What has been delegated cannot be delegated.
- Exceptions:
a. Direct constitutional grant
1. Tariff powers to the president
o Article VI S28(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, tariff rates, import and export
quotas, tonnage and wharfage dues, and
other duties or imposts within the
framework of the national development
program of the Government.
2. Emergency powers to the president
o Article VI S23(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.
o Article XII S12. The State shall promote the
preferential use of Filipino labor, domestic
materials and locally produced goods, and
adopt measures that help make them
competitive
3. Rule-making power of the SC
o Article VIII S5(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 underprivileged. 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.
4. Delegation to LGU
o Article X S5 - 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
34
may provide, consistent with the basic
policy of local autonomy. Such taxes, fees,
and charges shall accrue exclusively to the
local governments.
5. Rule-making powers of Con Comm
o Article IX-A S6 - 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.
o Article IX-C S3 - 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.
o Article IX-D S2(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.
6. Delegation to CHR
o Article XIII S18 - CHR 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
underprivileged 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 the 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
10. Appoint its officers and employees in
accordance with law; and
11. Perform such other duties and
functions as may be provided by law.
b. Legislative grant
1. Delegation to administrative bodies (rule-
making power)
2. Delegation to LGU (ordinances as
subordinate legislation)
o Police power
 Police power proper
 General welfare clause
o Eminent Domain: Genuine necessity for
the taking
o Taxation: Expressly granted by law
- Test for due delegation
o Completeness test
o Sufficient standard test
Separation of powers/Checks and balance – See
Nachura
35
STATE PRINCIPLES AND POLICIES
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.
- Not a source of right
- Purpose:
1. Sets the origin, scope, and purpose of the
constitution
2. Useful in ambiguous provisions
- Authorship-filipino people
- Use of first person, we, stresses active and
sovereign role.
- Almighty God- more personal, more consonant
with personalist Filipino religiousity. Show that God
and people do not separate even Church and State
do.
- Common good- projects idea of social order that
enables full development of each citizen.
- Equality- emphasizes problem in inequality
- Love- monument for February Revolution
- Truth- protest against deception of previous regime
- Peace- convergence of truth, justice, freedom and
love
- Rule of law- officials have authority given by law,
defined by law and with consent of people.
Article II – Declaration of Principles and State
Policies
- Statement of basic ideological principles and
policies that underlie the constitution.
- Shed light to meaning of other provisions and a
guide
- Principles – binding rules which must be observed
in the conduct of the government.
- Policy- guidelines for orientation of the state
Section 1 - The Philippines is a democratic and
republican State. Sovereignty resides in the people
and all government authority emanates from them.
- Manifestation of Democracy and Republicanism
1. Rule of Majority
2. Rule of Law
3. Elections through popular will
4. Existence of Bill of Rights
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.
1. Renunciation of war
o Inspiration is the Kellog-Briand Pact of
8.27.1928
o Adherence to Art2(4) of UN Charter to refrain
from threat or use of force against territorial

integrity/political independence or any other
matter inconsistent with the purposes of the
united nations
2. Incorporation Clause – Adopt generally
accepted principles of international law
oImplicit is the dualist view of legal systems
(domestic and international law)
oBoth systems exist in different spheres, and to
make international law part of the other
(municipal), it has to be incorprorated
therein.
oTheory of transformation- international law is
transformed to domestic law through
constitutional machinery.
oTheory of incorporation- through specific
declaration that it has the same effect as
domestic law
oScope of international law: Ratified treaties
part of customary laws, and customary laws
oTo determine what to be accepted shall be
determined by courts
3. Adherence to policy of peace, freedom and
amity
oGuiding foreign policy is national interest with
concern for equality, peace, freedom and
justice
oEstablish diplomatic consular, trade, cultural
relations
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.
- Civilian authority and role of military
o Explicitly emphasize the supremacy of civilian
authority (as a result of 1973 consti)
- Role of armed forces
o Put down the positive role of military as
protector of people and state (secure sovereignty
and integrity of national territory)
o Express disapproval of abuses during the period
of authoritarianism
o Act as corrective to military abuses and not an
assertion of political role unless civilian authority
has lost legitimacy
- Commander-in-Chief Clause – Art VII S18
o Calling out Power - Whenever it becomes
necessary, he may call out such armed forces to
prevent or suppress:
 Lawless violence
 Invasion or rebellion
 Suspension of the privilege of the writ of
habeas corpus or place the Philippines or any
part thereof under martial law
1.When the public safety requires it
2.For a period not exceeding 60 days
3.Within 48 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.
4.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.
5.Upon the initiative of the President, the
Congress may, in the same manner, extend
such proclamation or suspension for a
36
period to be determined by the Congress, if
the invasion or rebellion shall persist and
public safety requires it.
 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 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 the 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.
- AFP in Active Service – Art XVI 5(4)
oNo 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 GOCCs or any of their
subsidiaries.
- Respect for people’s rights – Art XVI 5(2)
oThe State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and
respect for people’s rights in the performance of
their duty
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.
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.
- Compulsory military and civil service for protection
of people and state
oPeople-centered than national-security centered
oConsequence of government to defend the state,
reciprocal to defend life, liberty and property of
the citizen.
Section 6. The separation of Church and State shall
be inviolable.
- Freedom of Religion - Art III S5. No law shall be
made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
worship, without discrimination or preference,
shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
- Ban on sects as political party - Art IX-C S2(5)
Religious denominations and sects shall not be
registered.
- No sectoral representative from religious sector –
Art VI, S5 (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.
- Tax exemption of churches – Art VI S28(3) -
Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively
used for religious, charitable, or educational
purposes shall be exempt from taxation.
- Non-appropriation for sects Art VI S29 (2) No
public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly,
for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, or
other religious teacher, or dignitary as such,
except:
o when such priest, preacher, minister, or dignitary
is assigned to the:
 armed forces, or
 to any penal institution, or
 government orphanage or leprosarium
- Optional religious instruction – Art XIV S3(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.
- Filipino ownership for schools – Art XIV S4(2)
o Educational institutions 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.
Except:
 Established by religious groups and mission
boards
o The Congress may, however, require increased
Filipino equity participation in all educational
institutions.
o The control and administration of educational
institutions shall be vested in citizens of the
Philippines.
o No educational institution shall be established
exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment
in any school. Except:
 Schools established for foreign diplomatic
personnel and their dependents and,
 For other foreign temporary residents (there
must be a law)
Policies:
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.
- Independent foreign policy – closest reference is
the military bases
o Art XVIII S4 All existing treaties or international
agreements which have not been ratified shall
37
not be renewed or extended without the
concurrence of at least two-thirds of all the
Members of the Senate.
oArt XVIII S25 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 8. The Philippines, consistent with the
national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
- Ban is only nuclear arms, processing, controlling,
testing, manufacturing, or dumping nuclear waste
- Deviation from this policy must be justified on the
basis of national interest/desired for peace
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.
Just and Dynamic Social Order
1. Social Justice
Section 10. The State shall promote social justice
in all phases of national development.
o poverty and gross inequality assault the dignity
of human person
o social justice- equalization of economic,
political, social opportunities
o duty of the state to tilt the balance of social
forces by favoring the disadavantaged life
o Art XII S1
 Goals of the national economy
 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 underprivileged.
 Promotion of 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.
 Protect Filipino enterprises against
unfair foreign competition and trade
practices.
 Private enterprises, shall be encouraged to
broaden the base of their ownership.
2. Respect for human dignity and human rights
Section 11. The State values the dignity of every
human person and guarantees full respect for
human rights.
o Art XIII S1 - 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.
o Commission on Human Rights
o Art XIII S17 - Creation of CHR
 Composition - Chairman and four Members
 Qualification - 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.
 The approved annual appropriations of the
Commission shall be automatically and
regularly released.
o Art XIII S18 - Powers and functions of CHR
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
underprivileged 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 the 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.
o Art XIII S19 - 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.
3. Role of Women and Equality of Men and Women
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.
o Does not intent to abrogate absolutely as there
are biological differences (fundamental equality
only)
o Self- implementing to repeal all anti-feminist
and discriminatory laws
o Art XIII S14 - The State shall protect working
women by providing safe and healthful working
38
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.
4. Promotion of Health and Ecology
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.
o Art XIII S11 - 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
underprivileged sick, elderly, disabled, women,
and children. The State shall endeavor to
provide free medical care to paupers.
o Art XIII S12 - 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.
o Art XIII S13 - The State shall establish a special
agency for disabled persons for rehabilitation,
self-development and self-reliance, and their
integration into the mainstream of society.
5. Priority to education, science and technology,
arts, culture, and sports
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.
o Art XIV
 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. (S1)
 Establish, maintain, and support a complete,
adequate, and integrated system of education
relevant to the needs of the people and
society;
 Establish and maintain a system of free public
education in the elementary and high school
levels. Without limiting the natural right of
parents to rear their children, elementary
education is compulsory for all children of
school age;
 Establish and maintain a system of
scholarship grants, student loan programs,
subsidies, and other incentives for deserving
students in both public and private schools,
especially to the underprivileged;
 Encourage non-formal, informal, and
indigenous learning systems, as well as self-
learning, independent, and out-of-school
study programs
 Provide adult citizens, the disabled, and out-
of-school youth with training in civics,
vocational efficiency, and other skills.
 Curricula
 Study of the Constitution
 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.
 Religious instruction may be allowed.
 Regulation of educational institution
 Exercise reasonable supervision and
regulation of all educational institutions.
 Ownership and management requirement
 Tax exemption
 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.
 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.
 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.
 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.
 Academic freedom shall be enjoyed in all
institutions of higher learning.
 Every citizen has a right to select a
profession or course of study, subject to fair,
reasonable, and equitable admission and
academic requirements.
 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.
 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 fulfillment.
 Language
 National language of the Philippines is
Filipino.
 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.
 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
 Spanish and Arabic shall be promoted on a
voluntary and optional basis.
 Constitution shall be promulgated in Filipino
and English and shall be translated into
39
major regional languages, Arabic, and
Spanish.
 Congress shall establish a national language
commission for the development,
propagation, and preservation of Filipino
and other languages.
 Science and Technology
 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.
 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.
 The State shall regulate the transfer and
promote the adaptation of technology from
all sources for the national benefit.
 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.
 Arts and Culture
 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.
 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.
 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.
 Recognize, respect, and protect the rights of
indigenous cultural communities to
preserve and develop their cultures,
traditions, and institutions.
 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.
 Encourage and support researches and
studies on the arts and culture.
 Sports
 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.
 All educational institutions shall undertake
regular sports activities throughout the
country in cooperation with athletic clubs
and other sectors.

6. Protection of Labor
Section 18. The State affirms labor as a primary
social economic force. It shall protect the rights
of workers and promote their welfare.
o Art XIII S3
 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.
 Rights of all workers to self-organization,
collective bargaining and negotiations, and
peaceful concerted activities, including the
right to strike in accordance with law.
 Security of tenure, humane conditions of
work, and a living wage.
 Co-determination - Participate in policy and
decision-making processes affecting their
rights and benefits as may be provided by law.
 Principle of shared responsibility between
workers and employers
 Preferential use of voluntary modes in settling
disputes, including conciliation, and shall
enforce their mutual compliance therewith to
foster industrial peace.
 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 on
investments, and to expansion and growth.
7. Self-Reliant and independent economic order
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.
o Primacy of human factor over non human
factor
o Any doubt must resolve in favor of self reliance
and independence and in favor or Filipinos
8. Reform in Agriculture and other natural
resources
Section 21. The State shall promote
comprehensive rural development and agrarian
reform.
o Art XIII S4 - 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. Just distribution of all
agricultural lands, subject to such priorities and
reasonable retention limits as the Congress
may prescribe, and payment of just
compensation. Provide incentives for voluntary
land-sharing.
o Art XIII S5 - 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.
o Art XIII S6 - The State shall apply the principles
of agrarian reform or stewardship, whenever
applicable in accordance with law, in the
40
disposition or utilization of other natural
resources, 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.
o Art XIII S7 - Protect the rights of subsistence
fishermen, especially of local communities, to
the preferential use of local marine and fishing
resources, both inland and offshore and also
against foreign intrusion. It shall provide
support to such fishermen through appropriate
technology and research, adequate financial,
production, and marketing assistance, and
other services.
o Art XIII S8. 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.
9. Role of People’s organization
Section 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.
o Art XIII S15 - To enable the people to pursue
and protect, within the democratic framework,
their legitimate and collective interests and
aspirations through peaceful and lawful means.
o People’s organizations are bona fide
associations of citizens with demonstrated
capacity to promote the public interest and
with identifiable leadership, membership, and
structure.
o Art XIII S16 - 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.
10. Urban land reform (Art XIII)
o S9 - Urban land reform and housing which will
make available at affordable cost decent
housing and basic services to underprivileged
and homeless citizens in urban centers and
resettlements areas. Promote adequate
employment opportunities to such citizens.
o S10. 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 undertaken without
adequate consultation with them and the
communities where they are to be relocated.
The Family and Role of the Youth
1. Protection of Family as basic social institution
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.
o Art XV
 S1. Filipino family as the foundation of the
nation.
 S2. Marriage, as an inviolable social
institution, is the foundation of the family and
shall be protected by the State.
 S3. 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.
 S4. The family has the duty to care for its
elderly members but the State may also do so
through just programs of social security.
o FC
o PD 603 Child and Youth Welfare Act
o RA 7610 – Child Abuse
o RA 9262 – VAWC
2. Protection of mother and unborn
o Family and unborn
 Family-stable heterosexual relationship and
anterior to the state
 Not an assertion of legal personality of the
unborn, and not placed at the level of the life
of the mother. But the inception of life begins
at conception.
 Prevent the liberalization of abortion laws.
3. Natural and primary right and duty of parents
4. Role of youth in nation-building
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.
Communication and Information in nation building
Section 24. The State recognizes the vital role of
communication and information in nation-building.
o Art XVI
 S1. The flag - as consecrated and honored by the
people and recognized by law.
 S2. The Congress may, by law, and ratified by
people in national referendum, 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.
 S3. The State may not be sued without its
consent.
 S4. 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.
41
 S5. All members of the armed forces shall take
an oath or affirmation to uphold and defend
this Constitution.
 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 and shall not engage directly or
indirectly in any partisan political activity,
except to vote.
 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 GOCC or any of
their subsidiaries.
 Laws on retirement of military officers shall not
allow extension of their service.
 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.
 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.
 S6.Police force - civilian in character controlled by
a national police commission. The authority of
local executives over the police units in their
jurisdiction shall be provided by law
 S7. 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.
 S8. The State shall, from time to time, review to
upgrade the pensions and other benefits due to
retirees of both the government and the private
sectors.
 S9. The State shall protect consumers from trade
malpractices and from substandard or hazardous
products.
 S10. 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.
 S11. Mass media and Advertising
 Ownership - limited to citizens of the
Philippines, or to corporations, cooperatives or
associations, wholly-owned and managed by
such citizens.
 Congress shall regulate or prohibit monopolies
in commercial mass media when the public
interest so requires.
 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.
o Art XVIII S23. Ownership and management
requirement of Advertising entities shall have five
years from its ratification to comply
o EO 2 Operationalizing in executive branch the
people’s constitutional right to information and the
state policies to full public disclosure and
transparency in the public service and providing
guidance therefor
 S1. Definition
 “Information” - records, documents, papers,
reports, letters, contracts, minutes and
transcripts of official meetings, maps, books,
photographs, data, research materials, films,
sound and video recording, magnetic or other
tapes, electronic data, computer stored data,
any other like or similar data or materials
recorded, stored or archived in whatever
format, whether offline or online, which are
made, received, or kept in or under the control
and custody of any government office pursuant
to law, executive order, and rules and
regulations or in connection with the
performance or transaction of official business
by any government office.
 “Official record/records” - information
produced or received by a public officer or
employee, or by a government office in an
official capacity or pursuant to a public function
or duty.
 “Public record/records” shall include
information required by laws, executive orders,
rules, or regulations to be entered, kept and
made publicly available by a government office.
 S2. Coverage. all government offices under the
Executive Branch including GOCCs, and state
universities and colleges. Local government units
(LGUs) are encouraged to observe and be guided
by this Order.
 S3. Access to information.
 S4. Exception. – Those enshrined in the
Constitution, existing law or jurisprudence.
 S5. Availability of SALN.
 S6. Legal presumption in favor of access to
information, public records and official records.
No request for information shall be denied unless
it clearly falls under any of the exceptions listed
in the inventory as determined by the Head of
the Office which is in custody or control of the
information, public record or official record, or
the responsible central or field officer duly
designated by him in writing.
 S7. Protection of Privacy.
1. Each government office shall ensure that
personal information in its custody or under
its control is disclosed or released only if it is
material or relevant to the subject-matter of
the request and its disclosure is permissible
under this order or existing law, rules or
regulations;
2. Each government office must protect
personal information in its custody or control
by making reasonable security arrangements
against leaks or premature disclosure
3. Any employee, official or director of a
government office per Section 2 hereof who
has access, authorized or unauthorized, to
42
personal information in the custody of the
office, must not disclose that information
except when authorized under this order or
pursuant to existing laws, rules or regulation.
 S8. People’s Freedom to Information (FOI)
Manual.
(a) The location and contact information of the
head, regional, provincial, and field offices, and
other established places where the public can
obtain information or submit requests;
(b) The person or office responsible for receiving
requests for information;
(c) The procedure for the filing and processing of
the request as specified in the succeeding section
8 of this Order.
(d) The standard forms for the submission of
requests and for the proper acknowledgment of
requests;
(e) The process for the disposition of requests;
(f) The procedure for the administrative appeal of
any denial for access to information; and
(g) The schedule of applicable fees.
 S9. Procedure.
 Submit a written request to the government
office concerned. No request shall be denied or
refused acceptance unless the reason for the
request is contrary to law, existing rules and
regulations or it is one of the exceptions
contained in the inventory or updated
inventory of exception as hereinabove
provided.
 The public official receiving the request shall
provide reasonable assistance, free of charge
 The government office shall respond to a
request fully compliant with requirements of
sub-section (a) hereof as soon as practicable
but not exceeding fifteen (15) working days
from the receipt thereof. It can be extended
upon notice but in no case shall the extension
go beyond twenty (20) working days unless
exceptional circumstances warrant a longer
period.
 S10. Fees. Government offices shall not charge
any fee for accepting requests for access to
information except reasonable fee to reimburse
necessary costs of reproduction and copying of
the information required.
 S11. Not be required to act upon an
unreasonable subsequent identical or
substantially similar request from the same
requesting party whose request has already been
previously granted or denied by the same
government office.
 S12. Notice of Denial within fifteen (15) working
days from the receipt of the request, in writing,
setting forth the ground or grounds for denial
and the circumstances on which the denial is
based.
 S13. Remedies in Cases of Denial of Request for
Access to Information.
 Appeal to the person or office next higher in
the authority within fifteen (15) working days
from the notice of denial or from the lapse of
the relevant period to respond to the request.
 Upon exhaustion of administrative appeal
remedies, the requesting part may file the
appropriate case in the proper courts in
accordance with the Rules of Court.
 S14. Keeping of Records.
 S15. Administrative Liability. Failure to comply
with the provisions of this Order may be a ground
for administrative and disciplinary sanctions

Rights to Indigenous Cultural Communities
Section 22. The State recognizes and promotes the
rights of indigenous cultural communities within
the framework of national unity and development.
- Art VI S5(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.
- Art XII S5. 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
- S6. 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.
- Art XIV S14. 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.
- Art XVI S12. 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.
- RA 8371 The Indigenous Peoples Rights Act of 1997
 S4. Concept of Ancestral Lands/Domains. -
Ancestral lands/domains shall include such
concepts of territories which cover not only the
physical environment but the total environment
including the spiritual and cultural bonds to the
area which the ICCs/IPs possess, occupy and use
and to which they have claims of ownership.
 S5. Indigenous Concept of Ownership. - Ancestral
domains are the ICC's/IP's private but community
property which belongs to all generations and
therefore cannot be sold, disposed or destroyed.
It likewise covers sustainable traditional resource
rights.
 S7. Rights to Ancestral Domains.
a. Rights of Ownership
b. Right to Develop Lands and Natural
Resources.
c. Right to Stay in the Territories - No ICCs/IPs
will be relocated without their free and prior
informed consent, nor through any means
other than eminent domain.
d. Right in Case of Displacement. - In case
displacement occurs as a result of natural
43
catastrophes, the State shall endeavor to
resettle the displaced ICCs/IPs in suitable
areas where they can have temporary life
support system: Should their ancestral
domain cease to exist and normalcy and
safety of the previous settlements are not
possible, displaced ICCs/IPs shall enjoy
security of tenure over lands to which they
have been resettled:
e. Right to Regulate Entry of Migrants
f. Right to Safe and Clean Air and Water
g. Right to Claim Parts of Reservations. - except
those reserved and intended for common and
public welfare and service; and
h. Right to Resolve Conflict. - Right to resolve
land conflicts in accordance with customary
laws
 S8. Rights to Ancestral Lands
a. Right to transfer land/property. -to/among
members of the same ICCs/IPs, subject to
customary laws and traditions of the
community concerned.
b. Right to Redemption. - In cases where it is
shown that the transfer of land/property
rights by virtue of any agreement or devise, to
a non-member of the concerned ICCs/IPs is
tainted by the vitiated consent of the
ICCs/IPs,or is transferred for an
unconscionable consideration or price, the
transferor ICC/IP shall have the right to
redeem the same within a period not
exceeding fifteen (15) years from the date of
transfer.
 S13. Self-Governance and self-determination and
respects the integrity of their values, practices
and institutions.
 S14. Support for Autonomous Regions. –
 S15. the right to use their Justice System, Conflict
Resolution Institutions and Peace Building
Processes and as may be compatible with the
national legal system and with internationally
recognized human rights.
 S16. Right to Participate in Decision -Making. in
matters which may affect their rights, lives and
destinies. State shall ensure that the ICCs/IPs
shall be given mandatory representation in
policy-making bodies and other local legislative
councils.
 S17. Right to Determine and Decide Priorities for
Development
 S18. Tribal Barangays. - The ICCs/IPs living in
contiguous areas or communities where they
form the predominant population but which are
located in municipalities, provinces or cities
where they do not constitute the majority of the
population, may form or constitute a separate
barangay in accordance with the Local
Government Code on the creation of tribal
barangays.
 S38. National Commission on Indigenous Cultural
Communities /Indigenous Peoples (NCCP).
Autonomy of Local Governments
Section 25. The State shall ensure the autonomy of
local governments.
- Kinds of autonomy
a. Administrative
b. Fiscal
- Article X
o Local Government
 S1. The territorial and political subdivisions

 Provinces
 Cities
 Municipalities
 Barangays.
 Atonomous regions in Muslim Mindanao
and the Cordilleras
 S2. The territorial and political subdivisions
shall enjoy local autonomy.
 S3. The Congress shall enact a local government
code - 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.
 S4. The President 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.
 S5. 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.
 S6. Local government units shall have a just
share, as determined by law, in the national
taxes which shall be automatically released to
them.
 S7. 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.
 S8. 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.
 S9. Legislative bodies of local governments shall
have sectoral representation as may be
prescribed by law.
 S10. 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 subject to
approval by a majority of the votes cast in a
plebiscite in the political units directly affected.
 S11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
jurisdiction limited to basic services requiring
coordination.
 S12. 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
44
be deprived of their right to vote for elective
provincial officials.
 S13. Local government units may group
themselves, consolidate or coordinate their
efforts, services, and resources for purposes
commonly beneficial to them in accordance
with law.
 S14. 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.
o Autonomous Region
 S15. In Muslim Mindanao and in the Cordillera
sharing common and distinctive historical and
cultural heritage, economic and social
structures, and other relevant characteristics
 S16. The President shall exercise general
supervision
 S17. All powers, functions, and responsibilities
not granted by this Constitution or by law to
the autonomous regions shall be vested in the
National Government.
 S18. The Congress shall enact an organic act
which shall define the basic structure of
government (executive department and
legislative assembly), both of which shall be
elective and representative of the constituent
political units, special courts with personal,
family, and property law jurisdiction consistent
with the provisions of this Constitution and
national laws.
 Creation of the autonomous region - 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.
 S19. The first Congress, 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.
 S20. 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.
 S21. The preservation of peace and order
within the regions shall be the responsibility of
the local police. The defense and security of the
regions shall be the responsibility of the
National Government.
- Devolution RA 7160 S17
o “devolution” refers to the act by which the
National Government confers power and

authority upon the various local government
units to perform specific functions and
responsibilities
o Include the transfer to local government units of
the records, equipment, and other assets and
personnel of national agencies and offices
corresponding to the devolved powers, functions,
and responsibilities. Personnel of said national
agencies or offices shall be absorbed by the local
government units
o Costs may also be charged for the delivery of
basic services or facilities enumerated in this
section.
o Basic Services and Facilities – self-reliant and
shall continue exercising the powers and
discharging the duties and functions currently
vested upon them. They shall also discharge the
functions and responsibilities of national
agencies and offices devolved to them.
 For a Barangay:
 Agricultural support services which include
planting materials distribution system and
operation of farm produce collection and
buying stations;
 Health and social welfare services which
include maintenance of barangay health
center and day-care center;
 Services and facilities related to general
hygiene and sanitation, beautification, and
solid waste collection;
 Maintenance of katarungang pambarangay;
 Maintenance of barangay roads and bridges
and water supply systems;
 Infrastructure facilities such as multi-
purpose hall, multi-purpose pavement,
plaza, sports center, and other similar
facilities;
 Information and reading center; and
 Satellite or public market, where viable;
 For a Municipality:
 Extension and on-site research services and
facilities related to agriculture and fishery
activities
 implementation of community-based
forestry projects which include integrated
social forestry programs and similar
projects; management and control of
communal forests with an area not
exceeding fifty (50) square kilometers;
establishment of tree parks, greenbelts, and
similar forest development projects;
 health services
 Social welfare services
 Information services which include
investments and job placement information
systems, tax and marketing information
systems, and maintenance of a public
library;
 Solid waste disposal system or
environmental management system and
services or facilities related to general
hygiene and sanitation;
 Municipal buildings, cultural centers, public
parks including freedom parks, playgrounds,
and other sports facilities and equipment,
and other similar facilities;
 Infrastructure facilities intended primarily to
service the needs of the residents of the
municipality and which are funded out of
municipal funds
 Public markets, slaughterhouses and other
municipal enterprises;
45
 Public cemetery;
 Tourism facilities
 Sites for police and fire stations and
substations and municipal jail;
 For a Province:
 Agricultural extension and on-site research
services and facilities which include the
prevention and control of plant and animal
pests and diseases;
 Industrial research and development
services, as well as the transfer of
appropriate technology;
 Enforcement of forestry laws limited to
community-based forestry projects,
pollution control law, small-scale mining
law, and other laws on the protection of the
environment; and mini-hydroelectric
projects for local purposes;
 health services which include hospitals and
other tertiary health services;
 Social welfare services which include
programs and projects on rebel returnees
and evacuees; relief operations; and
population development services;
 Provincial buildings, provincial jails, freedom
parks and other public assembly areas, and
similar facilities;
 Infrastructure facilities
 Programs and projects for low-cost housing
and other mass dwellings
 Investment support services, including
access to credit financing;
 Upgrading and modernization of tax
information and collection services through
the use of computer hardware and software
and other means;
 Inter-municipal telecommunications
services, subject to national policy
guidelines; and
 Tourism development and promotion
programs;
- Deconcentration of Powers
o RA 7160 S528. Deconcentration of Requisite
Authority and Power. – The National Government
shall, six (6) months after the effectivity of this
Code, effect the deconcentration of requisite
authority and power to the appropriate regional
offices or field offices of national agencies or
offices whose major functions are not devolved
to local government units.
 46

Honest Public Service

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.

- Sandiganbayan - present anti-graft court (Art XI S4)

- Office of the Ombudsman (Art XI S5)
o Ombudsman/Tanodbayan
o overall Deputy
o at least one Deputy each for Luzon, Visayas, and
Mindanao.
o A separate Deputy for the military establishment
may likewise be appointed.
- 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. (Art XI S6)

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.
- SALN (Art XI S17)
o A public officer or employee shall, upon
assumption of office and as often thereafter as
may be required by law
o 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.
o RA 3019
- President’s health (Art VII S12)

o In case of serious illness of the President, the
public shall be informed of the state of his health.
o 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.
- Publication of loan application (Art VII S20)
o President may contract or guarantee foreign
loans on behalf of the Republic of the Philippines
o With the prior concurrence of the Monetary
Board, and subject to such limitations as may be
provided by law.
o The Monetary Board shall, within thirty days
from the end of every 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 or
GOCCs which would have the effect of increasing
the foreign debt, and containing other matters as
may be provided by law.
- Foreign Loans(Art XII S21)
o incurred in accordance with law and the
regulation of the monetary authority.
o Shall be made available to the public.
- Contracts with foreign groups (Art XII S2)
o 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.
o President shall notify the Congress of every
contract entered into within thirty days from its
execution.
- Conflict of interest
- COA Annual Report (Art IX-D S4)
o Submitted to the President and the Congress,
within the time fixed by law
o Financial condition and operation of the
Government, its subdivisions, agencies, and
instrumentalities, including GOCCs, and NGO
subject to its audit
o Recommend measures necessary to improve
their effectiveness and efficiency.
o Other reports as may be required by law.
- Right to Information (Art III S7)
o The right of the people to information on matters
of public concern shall be recognized.
o Access to official records, and to documents, and
papers pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development, shall be
afforded the citizen, subject to such limitations as
may be provided by law.
Article II
Cases: Section 1
 People vs Gozo
o By the Agreement, the Philippine
Government merely consents, purely as a
matter of comity, courtesy, or expediency.
The Philippine Government has not
abdicated its sovereignty over the bases as
part of the Philippine territory or divested
itself completely of jurisdiction over
offenses committed therein.
47
o Principle of auto-limitation: "It is to be
admitted any state may, by its consent,
express or implied, submit to a restriction of
its sovereign rights. There may thus be a
curtailment of what otherwise is a power
plenary in character. That is the concept of
sovereignty as auto-limitation, which, in the
succinct language of Jellinek, "is the
property of a state-force due to which it has
the exclusive capacity of legal self-
determination and self-restriction." A state
then, if it chooses to, may refrain from the
exercise of what otherwise is illimitable
competence."
 Co Kim Chan vs Valdez
o The judicial acts and proceedings of those
governments remain good and valid even
after the liberation or reoccupation of the
Philippines by the American and Filipino
forces under the rules of international law,
if the government is de facto
o three (3) kinds of de facto governments are:
 The first, or government de facto in a
proper legal sense, is that government
that gets possession and control of, or
usurps, by force or by the voice of the
majority, the rightful legal governments
and maintains itself against the will of
the latter, such as the government of
England under the Commonwealth,
first by Parliament and later by
Cromwell as Protector.
 The second is that which is established
and maintained by military forces who
invade and occupy a territory of the
enemy in the course of war, and which
is denominated a government of
paramount force, as the cases of
Castine, in Maine, which was reduced
to British possession in the war of
1812, and Tampico, Mexico, occupied
during the war with Mexico, by the
troops of the United States.
 And the third is that established as an
independent government by the
inhabitants of a country who rise in
insurrection against the parent state of
such as the government of the
Southern Confederacy in revolt not
concerned in the present case with the
first kind, but only with the second and
third kinds of de facto governments.
 Republic vs Sandiganbayan
o During the interregnum, the government in
power was concededly a revolutionary
government bound by no constitution. No
one could validly question the sequestration
orders as violative of the Bill of Rights
because there was no Bill of Rights during
the interregnum. Nevertheless, even during
the interregnum the Filipino people
continued to enjoy, under the Covenant and
the Declaration, almost the same rights
found in the Bill of Rights of the 1973
Constitution
 ACCFA vs CUGCO
o Philippines never practiced the free
enterprise system. It is the welfare-state

concept which is being followed as shown
by the constitutional provision on agrarian
reform, housing, protection to labor.
Philippine Constitutions, starting from the
1935 document, HAVE REPUDIATED laissez
faire (or the doctrine of free enterprise) as
an economic principle, and although the
present Constitution enshrines free
enterprise as a policy, it nevertheless
reserves to the government the power to
intervene whenever necessary to promote
the general welfare.
 Maquerra vs Borra
o Property qualifications are inconsistent with
the nature and essence of the Republican
system ordained in our Constitution and the
principle of social justice underlying the
same, for said political system is premised
upon the tenet that sovereignty resides in
the people and all government authority
emanates from them, and this, in turn,
implies necessarily that the right to vote
and to be voted for shall not be dependent
upon the wealth of the individual
concerned, whereas social justice
presupposes equal opportunity for all, rich
and poor alike, and that, accordingly, no
person shall, by reason of poverty, be
denied the chance to be elected to public
office
Cases: Section 10
 Tondo Medical Center vs CA
o As a general rule, the provisions of the
Constitution are considered self-executing,
however, some provisions have already
been categorically declared by this Court
as non self-executing. In Tanada v. Angara,
[19] the Court specifically set apart the
sections found under Article II of the 1987
Constitution as non self-executing and ruled
that such broad principles need legislative
enactments before they can be
implemented:
Cases: Section 12
 Pierce vs Society of Sisters
o The state has the power to regulate all
schools, but parents and guardians have the
right and duty to choose the appropriate
preparation for their children.
 Imbong vs Ochoa (RH Law)
o Court cannot go beyond what the
legislature has laid down. Its duty is to say
what the law is as enacted by the
lawmaking body. That is not the same as
saying what the law should be or what is
the correct rule in a given set of
circumstances. It is not the province of the
judiciary to look into the wisdom of the law
nor to question the policies adopted by the
legislative branch. Nor is it the business of
this Tribunal to remedy every unjust
situation that may arise from the
application of a particular law. It is for the
legislature to enact remedial legislation if
that would be necessary in the premises.
Cases: Section 16
 Oposa vs Factoran
48
o The right to a balanced and healthful
ecology carries with it the correlative duty
to refrain from impairing the environment.
The said right implies, among many other
things, the judicious management and
conservation of the country's forests.
 Laguna Lake vs CA
o The immediate response to the demands of
"the necessities of protecting vital public
interests" gives vitality to the statement on
ecology embodied in the Declaration of
Principles and State Policies or the 1987
Constitution. Article II, Section 16
Cases: Section 19
 Garcia vs BOI
o No cogent advantage to the government
has been shown by this transfer. This is a
repudiation of the independent policy of
the government expressed in numerous
laws and the Constitution to run its own
affairs the way it deems best for the
national interest.
Cases: Section 26
 Pamatong vs Comelec
o The privilege of equal access to
opportunities to public office may be
subjected to limitations. Some valid
limitations specifically on the privilege to
seek elective office are found in the
provisions of the Omnibus Election Code on
"Nuisance Candidates.” As long as the
limitations apply to everybody equally
without discrimination, however, the equal
access clause is not violated. Equality is not
sacrificed as long as the burdens
engendered by the limitations are meant to
be borne by anyone who is minded to file a
certificate of candidacy. In the case at bar,
there is no showing that any person is
exempt from the limitations or the burdens
which they create.
49

LEGISLATIVE DEPARTMENT (ARTICLE VI)
Who may Exercise legislative Power
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.
- Legislative Power
o Legislative power-authority to make laws, alter,
repeal,
o Except sec 32/ plenary (unqualified)
o Legislature can only be limited by Constitution
o Advantage of Bicameralism
1. Body with national perspective to check the
parochial tendency of representatives
2. More careful study of legislation
3. Less susceptible to control by executive
4. Training ground for national leaders
o 2 Kinds of legislative power:
1. Original-legislative power possessed by
sovereign people
2. Derivative-delegated by sovereign people to
legislative bodies and subordinates
o Classifications of legislative power:
1. Constituent- power to amend/revise the
constitution/amendatory process
2. Ordinary- power to pass ordinary laws-
initiative/referendum
o 2 Kinds of Limits of Legislative power:
1. Substantive-curtail the contents of law
2. Procedural- curtail the manner of passing the
laws
- Who may exercise legislative power
1. Congress
2. Initiative and Referendum
SECTION 32. The Congress shall, as early as
possible, provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and
enact laws or approve or reject any act or law
or part thereof passed by the Congress or local
legislative body after the registration 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.
o People can directly propose, enact, approve,
and reject laws
o Institutionalize people power
o RA No. 6735 - An Act Providing for a System of
Initiative and Referendum and Appropriating
Funds Therefor
 “Initiative" is the power of the people to
propose amendments to the Constitution or
to propose and enact legislations through
an election called for the purpose.
 Initiative on the Constitution which refers
to a petition proposing amendments to
the Constitution.
 Initiative on statutes which refers to a
petition proposing to enact a national
legislation; and
 Initiative on local legislation which refers
to a petition proposing to enact a
regional, provincial, city, municipal, or
barangay law, resolution, or ordinance.
50
o Cases:
 Garcia vs Comelec
 Issue
 whether a resolution (Pambayang
Kapasyahan Blg. 10, serye 1993) is the
proper subject of an initiative
 Respondents take the negative stance
as they contend that under the Local
Government Code of 1991 only an
ordinance can be the subject of
initiative pursuant to express provision
under section 120, Chapter 2, Title XI,
Book I of LGC
 Ruling:
 Yes. Constitution clearly includes not
only ordinances but resolutions as
appropriate subjects of a local
initiative.
 An act, which is an expression of will or
purpose, includes a resolution
 Garcia vs Comelec (1993)
 Issue:
 W/N Recall initiated through a
resolution passed by Preparatory Recall
Assembly composed of Mayors, vice
mayors and sangunian members of
towns in the province is constitutional
 Yes. There is nothing in the Constitution
that will remotely suggest that the
people have the "sole and exclusive
right to decide on whether to initiate a
recall proceeding." The Constitution did
not provide for any mode, let alone a
single mode, of initiating recall
elections. Thus it can be initiated by
PRA pursuant to LGC.
3. Regional or local legislative power
4. President under martial law rule/revolutionary
government
- Non Delegability of legislative power
o Principles:
1. Separation of powers
2. Due process of law-precludes the transfer of
regulatory functions to private persons
3. A delegated power cannot be delegated
(DELEGATA POTESTAS NON POTEST DELEGARI)
o Exceptions (for law execution):
1. Non-legislative bodies may fill up the details
of the statute
2. Contingent legislation- for ascertaining the
facts necessary to bring the law to actual
operation
o For statute to be delegable as law-executing
1. Complete in itself
2. Fix a standard
o Cases
 Free Telephone Workers Union vs Minister of
Labor
 While the making of laws is a non-delegable
activity that corresponds exclusively to
Congress, nevertheless the latter may
constitutionally delegate authority to
promulgate rules and regulations to
implement a given legislation and
effectuate its policies.
 Purpose of delegation - impracticable (if not
impossible) to anticipate and provide for
the multifarious and complex situations that
may be met in carrying the law into effect.

 All that is required:
1. Should be germane to the objects and
purposes of the law
2. Not in contradiction with it; but conform
to the standards that the law prescribes
 Eastern Shipping Line vs POEA
 2 accepted tests of valid delegation of
legislative power
1. Completeness test - the law must be
complete in all its terms and conditions
when it leaves the legislature such that
when it reaches the delegate the only
thing he will have to do is to enforce it.
2. Sufficient standard test - there must
be adequate guidelines or stations in the
law to map out the boundaries of the
delegate’s authority and prevent the
delegation from running riot. With this
power, administrative bodies may
implement the broad policies laid down
in statute by “filling in” the details which
the Congress may not have the
opportunity or competence to provide.
 Cebu Oxygen vs Drilon
 The implementing rules cannot provide for
such a prohibition not contemplated by the
law. Administrative regulations adopted
under legislative authority by a particular
department must be in harmony with the
provisions of the law, and should be for the
sole purpose of carrying into effect its
general provisions. The law itself cannot be
expanded by such regulations. An
administrative agency cannot amend an act
of Congress.
 People vs Dacuycuy
 There is a presumption in favor of the
constitutionality of a legislative enactment.
 It is not for the courts to fix the term of
imprisonment where no points of reference
have been provided by the legislature. What
valid delegation presupposes and sanctions
is an exercise of discretion to fix the length
of service of a term of imprisonment which
must be encompassed within specific or
designated limits provided by law, the
absence of which designated limits well
constitute such exercise as an undue
delegation, if not-an outright intrusion into
or assumption, of legislative power.
 Tablarin vs Gutierrez
 The standard may be either expressed or
implied from the policy and purpose of the
act considered as a whole.
 Tatad vs Secretary of Energy
 That even if the law does not expressly
pinpoint the standard, the courts will bend
over backward to locate the same
elsewhere in order to spare the statute, if it
can, from constitutional infirmity.
House of Congress: Composition, Qualification and
Term of Office
Section 2. The Senate shall be composed of 24
Senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law.
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 35 years of age, able
51
to read and write, a registered voter, and a resident
of the Philippines for not less than 2 years
immediately preceding the day of the election.
Section 4. The term of office of the Senators shall
be 6 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 2 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.
Section 5. (1) The House of Representatives shall be
composed of not more than 250 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 20
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
250,000, 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.
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 25 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 3
years which shall begin, unless otherwise provided
by law, at noon on the thirtieth day of June next
following their election. 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.
- Summary
Senate HOR
Composition 24  Not more than
250, unless
 52

otherwise fixed pertains to the special interest and

by law concerns of their sector
 Party list
 A sectoral organization refers to a
Qualification 1. Natural Born 1. Natural Born group of citizens or a coalition of
citizen citizen groups of citizens who share similar
2. 35 at the day of 2. 25 at the day of physical attributes or characteristics,
election election
3. Able to read and 3. Able to read and employment, interests or concerns.
write write 3. Coalition of parties - aggrupation of duly
4. Registered voter 4. Registered voter registered national, regional, sectoral
5. Resident for not in the district in parties or organizations for political
less than two which he shall be
years elected (except and/or election purposes.
immediately party list rep) - Registration (Sec 5)
preceding the 5. Resident for not  How to register.
day of the less than 1 year  File with the COMELEC
election. immediately
preceding the  File not later than (90) days before the
day of the election
election.  File a petition verified by its president
Term of Office 6 years and no 3 years and no
or secretary stating its desire to
more than 2 more than 3
consecutive terms consecutive terms participate in the party-list system as a
national, regional or sectoral party or
- Composition of Congress organization or a coalition of such
1. Senate parties or organizations, attaching
2. House of Representatives thereto its constitution, by-laws,
a. District Representatives platform or program of government, list
b. Party list System (RA 7941) of officers, coalition agreement and
- First election: May 1998 other relevant information as the
- Declaration - The State shall promote COMELEC may require
proportional representation which will  COMELEC shall publish the petition in
enable Filipino citizens belonging to at least two (2) national newspapers of
marginalized and under-represented general circulation.
sectors, organizations and parties, and who  COMELEC shall, after due notice and
lack well-defined political constituencies but hearing, resolve the petition within
who could contribute to the formulation fifteen (15) days from the date it was
and enactment of appropriate legislation submitted for decision but in no case
that will benefit the nation as a whole (Sec not later than sixty (60) days before
2) election.
- The party-list system is a mechanism of  Who may register - Any organized group
proportional representation in the election of persons may register (List not
of representatives to the House of exhaustive)
Representatives from national, regional and  Labor, peasant, fisherfolk, urban poor,
sectoral parties or organizations or indigenous cultural communities,
coalitions thereof registered with the elderly, handicapped, women, youth,
Commission on Elections (COMELEC). veterans, overseas workers, and
Component parties or organizations of a professionals.
coalition may participate independently - Refusal and/or Cancellation of Registration.
provided the coalition of which they form (Sec 6)
part does not participate in the party-list  The COMELEC may, motu propio or upon
system. verified complaint of any interested party,
- Kinds of Party refuse or cancel, after due notice and
1. Political party - organized group of hearing,
citizens advocating an ideology or  Grounds:
platform, principles and policies for the 1. It is a religious sect or denomination,
general conduct of government and organization or association, organized
which, as the most immediate means of for religious purposes;
securing their adoption, regularly 2. It advocates violence or unlawful
nominates and supports certain of its means to seek its goal;
leaders and members as candidates for 3. It is a foreign party or organization;
public office. 4. It is receiving support from any foreign
a. national party - its constituency is government, foreign political party,
spread over the geographical territory foundation, organization, whether
of at least a majority of the regions directly or through any of its officers or
b. regional party when its constituency is members or indirectly through third
spread over the geographical territory parties for partisan election purposes;
of at least a majority of the cities and 5. It violates or fails to comply with laws,
provinces comprising the region rules or regulations relating to
2. Sectoral party elections;
 Sectoral party refers to an organized 6. It declares untruthful statements in its
group of citizens belonging to any of petition;
the sectors enumerated in Section 5 7. It has ceased to exist for at least one (1)
hereof whose principal advocacy year; or
8. It fails to participate in the last two (2)
preceding elections or fails to obtain at

least two per centum (2%) of the votes
cast under the party-list system in the
two (2) preceding elections for the
constituency in which it has registered.
- Certified List of Registered Parties prepared
by COMELEC to be distributed to all
precincts for posting in the polling places on
election day. The names of the party-list
nominees shall not be shown on the
certified list. (Sec 7)
- Nomination of Party-List Representatives
(Sec 8)
 Submit to the COMELEC not later than 45
days before the election a list of names,
not less than five (5)
 A person may be nominated in one (1) list
only.
 No change of names or alteration of the
order of nominees allowed after
submission to the COMELEC
o except:
 Nominee dies,
 Withdraws in writing his nomination,
 becomes incapacitated
o Nominee shall be placed last in the list.
 Who may be nominated
1. Given their consent in writing
2. Not a candidate for any elective office
or a person who has lost his bid for an
elective office in the immediately
preceding election.
3. Natural-born citizen
4. Registered voter
5. Resident of the Philippines for a period
of not less than one (1)year
immediately preceding the day of the
election
6. Able to read and write
7. Bona fide member of the party or
organization which he seeks to
represent for at least ninety (90) days
preceding the day of the election,
8. At least twenty-five (25) years of age on
the day of the election (but not more
than thirty (30) years of age in case of a
nominee of the youth sector)
- Manner of Voting (Sec 10)
 Every voter - entitled to two (2) votes:
o District Rep
o Party list
- Number of Party-List Representatives (Sec
11)
 (20%) of the total number of the
members of the House of Representatives
including those under the party-list.
 Procedure
o The parties, organizations, and
coalitions shall be ranked from the
highest to the lowest based on the
number of votes they garnered during
the elections.
o The parties, organizations, and
coalitions receiving at least two percent
(2%) of the total votes cast for the
party-list system shall be entitled to
one seat each:
o Those garnering more than two percent
(2%) of the votes shall be entitled to
additional seats in proportion to their
total number of votes
o Max of three (3) seats.
53
- Procedure in Allocating Seats for Party-List
Representatives (Sec 12)
 Rank them according to the number of
votes received
 Allocate party-list representatives
proportionately according to the
percentage of votes obtained by each
party, organization, or coalition as against
the total nationwide votes cast for the
party-list system.
- Parameters for Allocation of Seats
a. Twenty percent allocation in the House
(Sec. 5(2), Art. VI);
b. To qualify to a seat, at least two
percent of the votes is casted on the
party;
c. A qualified party is entitled to a
maximum of three seats; and
d. Proportional representation as to the
number of additional seats vis-à-vis the
total number of votes cast.
- How Party-List Representatives are Chosen
(Sec 13)
 Proclaimed by the COMELEC based on the
list of nominees
 According to their ranking in said list.
- Term of Office - Same as district
representative (Sec 14)
- Change of Affiliation (Sec 15)
 Forfeit his seat:
 If within six (6) months before an
election, he shall not be eligible for
nomination as party-list representative
under his new party or organization.
- Vacancy - automatically filled by the next
representative from the list of nominees in
the order submitted to the COMELEC by the
same party, organization, or coalition. If the
list is exhausted, the party, organization
coalition concerned shall submit additional
nominees.
- Rights of Party-List Representatives - same
as regular members of the HOR (Sec 17)
- COMELEC to promulgate the necessary
rules and regulations (Sec 18).
- Election
a. Regular Election
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.
b. Special Election
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.
Organization and Sessions
- Organized with the election of the President and
the Speaker
- 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. (Art VI S10)
Section 17. Until the Congress provides
otherwise, the President shall receive an annual
salary of 300,000 pesos; the Vice-President, the
President of the Senate, the Speaker of the House
of Representatives, and the Chief Justice of the
Supreme Court, 240,000 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, 204,000 pesos each;
and the Members of the Constitutional
Commissions, 180,000 thousand pesos each (Art
XVIII S17)
- RA 6758
- EO 201 – Monthly Salary
- Election of officers
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. (Art VI S16 (1))
- Quorum and voting majorities
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. (Art VI S16 (2))
o Pertinent Number of votes
 Majority Voting separately
Breaking a tie in case of election of pres and
VP
Election of Senate President or Speaker of the
House
54
 Majority Voting jointly
Revocation of proclamation of martial law or
the suspension of the privilege of the writ of
habeas corpus
Extension of martial law or the suspension of
the privilege of the writ of habeas corpus
 Majority – no designation
Concurrence to the approval of amnesty
Submit to the electorate the question of
calling such a convention
granting any tax exemption
 2/3 vote voting separately
Determination whether president is unable to
discharge the powers and duties of his office
Declare the existence of a state of war (But in
joint assembly)
To overcome veto of president
 2/3 vote of all the Members of the Senate
Ratification of treaty or international
agreement
Deciding impeachment case
 2/3 vote – no designation
call a constitutional convention
 ¾ votes - no designation
may propose any amendment to, or revision
of, this Constitution
 Majority vote of all the Members of the HOR
affirm a favorable resolution with the Articles
of Impeachment of the Committee, or
override its contrary resolution in case of
impeachment
- Rules of proceedings and Discipline of members
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. (Art VI S16 (3))
o Suspend/expel of members – 2/3 of all its
members
o Suspension not to exceed 60 days
- Journal and Record
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. (Art VI S16 (4))
o Congressional Record
 Record of each houses’s proceedings
 May publish, except affecting national security
 Yeas and Neas entered when requested by 1/5
vote of present
o Journal v Enrolled Bill
- Sessions
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 (Art VI S16 (5))
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.
(Art VI S15)
o Kinds
a. Regular
 Convene once every year on the fourth
Monday of July unless a different date is
fixed by law
 until thirty days before the opening of its
next regular session
b. Special
 Those called by president
c. Joint
 Canvassing votes of Pres and VP
o Recess
a. Compulsory - thirty days before the opening
of its next regular session
b. Voluntary – with consent of the other house if
to adjourn for more than three days
Privileges, Inhibitions and Disqualifications
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. (Art VI S11)
- Parliamentary immunity - Privilege given to
Members of the Congress intended to ensure their
effective discharge of legislative functions and
maintenance of representation in the Congress.
- Kinds:
1. Freedom from arrest
 Offenses not more than six years
imprisonment
 Congress is in session, whether regular or
special
2. Privileged Speech and Debate Clauses
 Effective only in speeches and debates made
in the Congress or in those uttered by the
legislator in his capacity as member of the
Congress.
 although the legislator cannot be held liable
before the courts, he could be held liable in
the Congress itself for words or conduct
unbecoming of a member.
3. Duty to disclose
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. (Art VI S12)
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. (Art VI S20)
A public officer or employee shall, upon
assumption of office and as often thereafter as
55
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. (Art XI S17)
4. Incompatible and Prohibited Offices
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. (Art VI
S13)
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. (Art VI S14)
a. Incompatible Office (Sec 13)
 “incompatible office” - any other office in the
government that if held by a member of the
Congress would result to the forfeiture of his
seat in the Congress.
 In keeping with doctrine of separation of
powers
b. Prohibited Office (Sec 13)
 Prohibited Office - Offices which have been
created or the emoluments of which were
increased while the legislator was a member
of the Congress.
 Purpose of this disqualification is to prevent
legislators to create an office or to increase its
emoluments for personal gain.
 Disqualification lasts for the entire term even
if the member resigns before the end of his
term.
c. Conflict of interest (Sec 14)
 Potential conflict of interest happens when a
legislator derives financial advantage from a
law which he legislates or was legislated
during his term and the body was not notified
of such conflict.
 Legislator can still propose a law even if there
is a potential conflict of interest for as long as
he has notified the body about it.
 The purpose therefore of this requirement is
to allow the House to better examine the
legislation vis-à-vis the legislator.
Powers of Congress

1. Legislative
c. Legislative Inquiry and Oversight Functions
Legislative Inquiry Oversight Functions
Inquiry in aid of legislation Question Hour
Appearance is compulsory Appearance is
compulsory
in aid of legislation exercise of “oversight
functions,”
inherent legislative power not among the traditional
under a presidential processes of a presidential
government government
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. (Art VI, S21)
 Legislative inquiry is a process held in the
Congress especially conducted to compulsorily
obtain requisite information from witnesses in
aid of legislation.
 Limitations
1. the inquiries must be in aid of legislation;
2. it must be in accordance with the duly
published rules of procedure of the
Congress; and
3. the rights of persons appearing shall be
respected.
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. 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. (Art VI, S22)
 Question Hour - Inquiries conducted to obtain
information from the heads of departments
on matters pertaining to how laws are
implemented.
 Not compulsory because of the doctrine of
separation of powers
d. Bicameral Conference Committee
- If compromise or reconciliation of conflicting
provisions of bill is necessary because of the
differences in the House Bill and Senate Bill
version
e. Limitations on legislative power
- Limitation on Revenue, Appropriations and
Tariff Measures
- Presidential Veto and Congressional Override
- Prohibition against passage of irrepealable
laws
f. Passage of laws
- Requirement As to titles of bills
56
Every bill passed by the Congress shall
embrace only one subject which shall be
expressed in the title thereof. (Art VI, S26(1))
o Hodge-podge or log-rolling legislation -
entails insertion of many unrelated
subjects.
not
- How does a bill become a law?
No bill passed by either House shall become
a law unless it 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 passage,
except when the President certifies to the
necessity of its immediate enactment to
meet a public calamity or emergency. Upon
the last reading of a bill, no amendment
thereto shall be allowed, and the vote
thereon shall be taken immediately
thereafter, and the yeas and nays entered in
the Journal. (Art VI, S26(2))
o Requisites:
 three readings on three separate days,
except: when the President certifies to
the necessity of its immediate enactment
to meet a public calamity or emergency
 printed copies thereof in its final form
have been distributed to its Members
three days before its passage
 Upon the last reading of a bill, no
amendment thereto shall be allowed
 vote shall be taken immediately after last
reading
 yeas and nays entered in the Journal.
o Procedure
a. A bill is introduced by any Member by
filing it with the Office of the Secretary
where it is calendared for the First
Reading.
 Must originate exclusively from the
HOR (Art VI, S24):
 Appropriation, revenue or tariff bills,
 Bills authorizing increase of the
public debt,
 Bills of local application,
 Private bills
b. First reading
 Reading of the number, title, and
name/s of author/s are read.
 The bill is referred to an appropriate
committee for study.
 Public hearings or consultations may be
conducted by the committee before it
recommends the bill for approval, with
or without amendments, or for
consolidation with similar bills, or for
disapproval.
 If it is disapproved, the bill is said to be
“killed.”
 If approved or reported out, it will
calendared for the second reading.
c. Second reading
 The bill is read in its entirety, together
with the amendments introduced by
the committee, if there are any.
 Debated upon and amended if the
members deem it necessary.
d. The approved bill in the second reading is
printed in its final form and copies of it
are furnished to the members three days
before the third reading.
e. Third reading

 Only the title of the bill is read
 Immediately after, the Members will
vote thereon and their votes (yeas and
nays) will be entered in the journal.
 No further amendments are allowed.
f. The approved bill is referred to the other
house where it also undergoes three
readings on three separate days. If
compromise or reconciliation of
conflicting provisions is necessary
because of the differences in the House
Bill and Senate Bill version, the bill shall
be submitted to a joint bicameral
committee.
g. After the bill has been approved on third
reading on both Houses it shall be
submitted to the President for his action.
 He approves by signing the bill;
 He disapproves by vetoing and
returning the bill with his objections to
the House of origin.
 To override the veto of the President,
two-thirds of all the Members of
each house voting separately must
agree to pass the bill.
 House of origin to enter such
objections at large in its journal
 If the President will not act on the bill
in thirty days, the bill shall become a
law as if signed by him. “Pocket veto” is
not allowed under the laws.
h. The enrolled bill or bill as printed and
approved by the Congress and the
President shall be published in a
newspaper of general circulation or in the
Official Gazette of the Government and
shall become binding fifteen days
following its publication unless another
date is provided therein.
- Effectivity of laws, NCC, Article 2
- Others
The rule of taxation shall be uniform and
equitable. The Congress shall evolve a
progressive system of taxation.
The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as
it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and
other duties or imposts within the
framework of the national development
program of the Government.
Charitable institutions, churches and
parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all
lands, buildings, and improvements, actually,
directly, and exclusively used for religious,
charitable, or educational purposes shall be
exempt from taxation.
No law granting any tax exemption shall be
passed without the concurrence of a
majority of all the Members of the Congress.
(Art VI, S28)
No money shall be paid out of the Treasury
except in pursuance of an appropriation
made by law.
No public money or property shall be
appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or
support of any sect, church, denomination,
57
sectarian institution, or system of religion, or
of any priest, preacher, minister, or other
religious teacher, or dignitary as such, except
when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or
to any penal institution, or government
orphanage or leprosarium.
All money collected on any tax levied for a
special purpose shall be treated as a special
fund and paid out for such purpose only. 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 Government. (Art VI,
S29)
No law shall be passed increasing the
appellate jurisdiction of the Supreme Court
as provided in this Constitution without its
advice and concurrence. (Art VI, S30)
No law granting a title of royalty or nobility
shall be enacted. (Art VI, S30)
4. Non-Legislative
a. National Board of Canvassers
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 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. (Art VII, S4(4-6))
b. Calling for special election
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 VI 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 VI 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. (Art VII S10)
c. Decide temporary disability of the President,
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. (Art VII S7)
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. (Art
VII S8)
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. (Art
VII S9)
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 the President; otherwise, the
President shall continue exercising the powers
and duties of his office. (Art VII S11)
d. Veto or extension of habeas corpus and martial
law
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
58
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 any need of
a call. (Art VII S18)
e. Approval of amnesty
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress. (Art VII, S19)
f. Senate concurrence in treaties
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. (Art VII, S21)
g. Declaring a state of war or national emergency,
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.
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. (Art VI, S23)
o Requirements:
 There is a law granting authority to
president
 for a limited period and subject to such
restrictions
 exercise powers necessary and proper to
carry out a declared national policy
 Automatically cease upon the next
adjournment thereof.
h. Utilization of natural resources
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
fishworkers in rivers, lakes, bays, and lagoons.
(Art XII, S2)
i. Constituent assembly to amend or revise the
Constitution (Art XVII)
o The Congress, upon a vote of three-fourths
of all its Members, may propose any
amendment to, or revision of, this
Constitution
o Congress shall provide for the
implementation of the exercise of initiative
to amend the constitution
o 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. (Sec
3)
j. Initiate impeachment
The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment.
A verified complaint for impeachment may be
filed by any Member of the House of
Representatives or by any citizen upon a
resolution of 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.
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.
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.
No impeachment proceedings shall be
initiated against the same official more than
once within a period of one year.
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.
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.
The Congress shall promulgate its rules on
impeachment to effectively carry out the
purpose of this section. (Art XI, S3)
o Who may initiate
1. By any Member of the House of
Representatives or
2. by any citizen upon a resolution of
endorsement by any Member of HOR
o Procedure
1. Filing of verified complaint to be in Order
of Business within ten session days
2. Referral to the proper Committee within
three session days after Order of Business.
3. Committee hearing
4. Submit Committee report to the House
within sixty session days from such
referral, together with the corresponding
resolution by majority vote of committee’s
members.
59
5. The resolution shall be calendared for
consideration by the House within ten
session days from receipt thereof.
6. affirm a favorable resolution with the
Articles of Impeachment of the
Committee, or override its contrary
resolution by vote of at least one-third of
all the Members of the House
7. Impeachment trial
k. HRET and SET
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. (Art VI, S19)
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. (Art VI, S17)
 sole judge of all contests relating to the
election, returns, and qualifications of their
respective Members.
 Composition – total of 9 members
 3 justices designated by CJ- senior Justice
as chairman
 6 members of the house chosen on the
basis of proportional representation from
the political parties and the parties or
organizations registered under the party-
list system represented therein.
l. Commission on Appointments
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. (Art VI, S18)
 Members
 60

 Senate president – ex-officio chairman –

cannot vote except in case of a tie
 12 senators
 12 HOR members
 Members 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
 To act within thirty session days
 Majority vote to confirm
 meet only while the Congress is in session,
at the call of its Chairman or a majority of
all its Members

m. Approve national budget

The Congress may not increase the

appropriations recommended by the
President for the operation of the
Government as specified in the budget. The
form, content, and manner of preparation of
the budget shall be prescribed by law.

No provision or enactment shall be embraced

in the general appropriations bill unless it
relates specifically to some particular
appropriation therein. Any such provision or
enactment shall be limited in its operation to
the appropriation to which it relates.
The procedure in approving appropriations for
the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies.
A special appropriations bill shall specify the
purpose for 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 revenue proposed
therein.
No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate, the
Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by
law, be authorized to augment any item in the
general appropriations law for their respective
offices from savings in other items of their
respective appropriations.
Discretionary funds appropriated for
particular officials shall be disbursed only for
public purposes to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
If, by the end of any fiscal year, the Congress
shall have failed to pass the general
appropriations bill for the ensuing fiscal year,
the general appropriations law for the
preceding fiscal year shall be deemed
reenacted and shall remain in force and effect
until the general appropriations bill is passed
by the Congress. (Art VI, S25)

n. JBC (one seat)

o. Informing power

EXECUTIVE DEPARTMENT (ART VIII)
Qualifications and term of office
SECTION 1. The executive power shall be vested in
the President of the Philippines.
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.
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 reelection. 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
consecutive 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
61
shall, not later than thirty days after the day of the
election, open all 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.
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.)
- Executive power vested in the President
- President and Vice-President
President Vice President
Qualification 1. natural-born citizen
s 2. Registered voter,
3. Able to read and write,
4. at least 40 on the day of the election,
Resident for at least 10 years immediately
preceding such election.
Term 6 years
not be eligible for two consecutive
any reelection terms
may be appointed
as a Member of the
Cabinet with no
need of
confirmation
Rules of Succession
1. President
a. Before assumption of office
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.
b. Upon assumption of office
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 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 VI 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 VI 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.
c. Temporary incapacity
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
62
discharged by the Vice-President as Acting
President.
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 the 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.
- President himself sent written declaration that
he is unable to discharge the powers and duties
of his office
o Resume power when president transmits to
the President of the Senate and to the
Speaker of the House of Representatives his
written declaration that no inability exists
- Written declaration sent by majority of all the
Members of the Cabinet that president is now
able to discharge the powers and duties of his
office
o Within 5 days therefrom, Congress shall
decide the issue.
 Congress shall convene, if it is not in
session, within forty-eight hours, in
accordance with its rules and without need
of call.
o 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 the President; otherwise, the
President shall continue exercising the powers
and duties of his office.

2. Vice 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.
Privileges, Prohibitions, Disqualifications
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.
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 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.
- Privileges
1. Official residence.
2. Salaries of pres and VP, not be decreased during
their tenure. Source
3. Presidential Immunity
4. Executive Privilege
- Prohibitions
1. No increase in compensation of pres and VP
until after the expiration of the term of the
incumbent during which such increase was
approved.
2. Pres and VP not to receive during their tenure
any other emolument from the Government or
any other source
3. President, Vice-President, the Members of the
Cabinet, and their deputies or assistants, not to
hold any other office or employment during
their tenure.
4. During said tenure, President, Vice-President,
the Members of the Cabinet, and their deputies
or assistants cannot, 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
63
subdivision, agency, or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries.
5. 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.
Powers and Functions
1. Executive and administrative powers in general
2. Power of appointment and removal
SECTION 14. Appointments extended by an
Acting President shall remain effective, unless
revoked by the elected President within ninety
days from his assumption or re-assumption of
office.
SECTION 15. Two months immediately before
the next presidential elections and up to the
end of his term, a President or Acting President
shall not make appointments, except
temporary appointments to executive positions
when continued vacancies therein will
prejudice public service or endanger public
safety.
SECTION 16. The President shall nominate and,
with 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 after disapproval by the Commission on
Appointments or until the next adjournment of
the Congress.
- Kinds of appointment
a. Permanent
 Regular
 Ad interim
o Appointments extended by an Acting
President shall remain effective, unless
revoked by the elected President within
ninety days from his assumption or re-
assumption of office.
o appointments during the recess of the
Congress, whether voluntary or
compulsory, but such appointments shall
be effective only until after disapproval
by the Commission on Appointments or

until the next adjournment of the
Congress
b. Temporary
 Midnight – Appointments made two
months immediately before the next
presidential elections and up to the end of
his term
o GR: Not allowed.
o Exception: temporary appointments to
executive positions when continued
vacancies therein will prejudice public
service or endanger public safety.
- Commission on Appointments
 Need consent of the CoA
 Heads of the executive departments,
 Ambassadors, other public ministers and
consuls,
 Officers of the armed forces from the
rank of colonel or naval captain,
 Officers whose appointments are vested
in him in this Constitution.
 No need of confirmation
 Officers of the Government whose
appointments are not otherwise
provided for by law,
 Those whom he may be authorized by
law to appoint.
3. Power of control and supervision
SECTION 17. The President shall have control of
all the executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.
a. Doctrine of qualified political agency / alter
ego principle
b. Executive departments and offices
c. General supervision over local government
units
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. (Art X, S4)
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. (Art
X, S14)
 Direct
 Indirect supervision
4. Military powers
SECTION 18. The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes
64
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 any 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 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 the 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.
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. (Art VIII, S1(2))
a. Calling out power
- call out such armed forces to prevent or
suppress lawless violence, invasion or
rebellion.
b. Suspension of privilege of Habeas Corpus and
Martial law
- Requisites:
1. In case of invasion or rebellion
2. Public safety requires it
3. For a period not exceeding sixty days
4. Within 48 hours from the proclamation,
submit a report in person or in writing to
the Congress.

- The Supreme Court may review, in an
appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the
proclamation to be decided 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.
- Limits of suspension of the privilege of the
writ
1. Apply only to persons judicially charged
for rebellion or offenses inherent in or
directly connected with the invasion.
2. Any person thus arrested or detained
shall be judicially charged within three
days, otherwise he shall be released.
5. Pardoning powers
SECTION 19. Except in cases of impeachment,
or as otherwise provided in this Constitution,
the President may grant reprieves,
commutations and pardons, and remit fines
and forfeitures, after conviction by final
judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
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. (Art IX-C,
S5)
a. Nature and limitations
 Limitations:
 There must be conviction
 In case of amnesty, with the concurrence
of a majority of all the Members of the
Congress
 In case of violation of election laws,
rules, and regulations there must be
favorable recommendation of the
Comelec.
b. Forms of executive clemency
 Clemency - general term for reducing the
penalties for a particular crime without
actually clearing your criminal record
 Reprieves - a cancellation or postponement
of a punishment
 Commutations - substitution of a lesser
punishment for a greater one
 Pardons - an act of grace eliminating a
sentence or punishment
 Remit fines
 Amnesty - granted to classes of persons or
communities who may be guilty of political
offenses, generally before or after the
institution of the criminal prosecution and
sometimes after conviction.
 Parole - conditional release of a prisoner
from correctional institution after serving
the minimum period of prison sentence
65
6. Diplomatic power (Treaty making)
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.
- Treaty vs Executive Agreement
7. Powers relative to revenue, appropriation and
tariff measures; Limitations
The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as it
may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the
national development program of the
Government. (Art VI, S28(2))
8. Borrowing power
SECTION 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 of every 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 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.
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. (Art XII, S21)
- Requisites of valid foreign loan
o With the prior concurrence of the Monetary
Board,
o Subject to such limitations as may be
provided by law.
- The Monetary Board shall, within thirty days
from the end of every quarter submit to the
Congress a complete report of its decisions on
applications for loans to be contracted or
guaranteed by the 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.
- Information on foreign loans obtained or
guaranteed by the Government shall be made
available to the public.
9. 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
 66

The Congress may not increase the

appropriations recommended by the President
for the operation of the Government as
specified in the budget. The form, content, and
manner of preparation of the budget shall be
prescribed by law. (Art VI, S25(1))

No law shall be passed authorizing any transfer

of appropriations; however, the President, the
President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of
the Supreme Court, and the heads of
Constitutional Commissions may, by law, be
authorized to augment any item in the general
appropriations law for their respective offices
from savings in other items of their respective
appropriations. (Art VI, S25(5))

10. 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.

11. Delegated powers

a. Emergency power

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. (Art VI, S23(2))
- Limitations of Emergency power
1. There is a war or other national
emergency
2. There is a law authorize the President to
exercise it
3. For a limited period and subject to such
restrictions as it may prescribe,
4. Only those powers necessary and proper
to carry out a declared national policy.
5. Shall terminate the sooner withdrawn by
resolution of the Congress, or upon the
next adjournment thereof.

b. Tariff power
6. Veto powers
- Power to veto the entire bill
- Power to veto any particular item or items in
an appropriation, revenue, or tariff bill

7. Residual powers

SUFFRAGE (ARTCLE V)
Definition, nature
Theory of popular sovereignty
- Section 1, Article II of the Constitution says: "The
Philippines is a democratic and republican state.
Sovereignty resides in the people and all
government authority emanates from them
- Actual sovereignty is exercised by the people by
means of suffrage through the ballot of the
registered voters in duly appointed elections held
from time to time
- Meaning - Suffrage is the right as well as obligation
of qualified citizens to vote in the election of
certain national and local officers of the
government and in the decision of public questions
submitted to the people
- Nature (Privilege-Not Absolute-Duty-Political-
Theory)
1. Privilege - not a natural right of the citizens but
merely a privilege to be given or withheld by
the lawmaking power subject to constitutional
limitations, granted only upon the fulfillment of
certain minimum conditions deemed essential
for the welfare of society.
2. Not Absolute - Exercise not absolute; it is
subject to existing substantive and procedural
requirements provided in the Constitution,
statutes, and valid rules and regulations
3. Political - a political right and duty, because it is
the expression of the sovereign will of the
67
people, enabling him to participate in the
process of government to assure that it truly
derives its powers solely from the consent of
the governed
4. Duty - Suffrage as a duty is in the nature of a
public trust and constitutes a voter a
representative of the whole people. Duty is that
the privilege bestowed should be exercised not
exclusively for the benefit of the citizen or
citizens preferring it but in good faith and with
intelligent zeal for the general benefit and
welfare of the State
5. Theory - Based upon the theory that the people
who bear the burden of government should
share in the privilege of choosing the officials of
the government. The principle is that of one
man, one vote
- Object of suffrage - Main: continuity of
government and the preservation and
perpetuation of its benefits. Two-fold: to enable
the people to choose their representatives to
discharge sovereign functions (election) and to
determine their will upon such questions
submitted to them (plebiscite, referendum,
initiative, and recall)
- Object of Election Laws - Regulate how the right of
suffrage is to be exercised. Means for assuring a
free, honest, and orderly, expression of the
people's views and choice of candidates
uninfluenced by, threats, intimidation and corrupt
motives. Give effect to, rather than stifle or
frustrate, the will of the voters
- Congress has unlimited power to enact laws
relative to the right of suffrage including the power
to define the qualifications of voters, to regulate
elections, to prescribe the form of official ballot, to
provide for the manner in which candidates shall
be chosen and the names that shall be printed
upon the ballot, to regulate the manner of
conducting elections, and, in the exercise of the
police power, to suppress whatever evils may be
incident to the election of public officers
Scope of Suffrage (R-I-P-E-R)
- Scope of suffrage (R-I-P-E-R)
1. Recall - It is a method by which a public officer
may be removed from office during his tenure
or before the expiration of his term by a vote of
the people after registration of a petition
signed by a required percentage of the qualified
voters
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.
(Art X, S3)
- Ground: Loss of confidence
- Initiation of the Recall Process. -
a. Preparatory recall assembly - Resolution
adopted by a majority of all the members
of the preparatory recall assembly

concerned during its session called for the
purpose.
 Provincial level. - All mayors, vice-
mayors, and sanggunian members of
the municipalities and component
cities;
 City level. - All punong barangay and
sanggunian barangay members in the
city;
 Legislative District level. - In case
where sangguniang panlalawigan
members are elected by district, all
elective municipal officials in the
district; and in cases where
sangguniang panlungsod members are
elected by district, all elective
barangay officials in the district; and
 Municipal level. - All punong barangay
and sangguniang barangay members in
the municipality.
b. Registered voters of the local government
unit to which the local elective official
subject to such recall belongs.
 Petition of at least (25%) of the total
number of registered voters in the LGU
concerned during the election in which
the local official sought to be recalled
was elected.
- Recall, which shall not be later than thirty (30)
days after the filing of the resolution or
petition for recall in the case of the barangay,
city, or municipal officials. and forty-five (45)
days in the case of provincial officials. The
official or officials sought to be recalled shall
automatically be considered as duly
registered candidate or candidates to the
pertinent positions and, like other candidates,
shall be entitled to be voted upon.
- The recall of an elective local official shall be
effective only upon the election and
proclamation of a successor in the person of
the candidate receiving the highest number
of votes cast during the election on recall.
Should the official sought to be recalled
receive the highest number of votes,
confidence in him is thereby affirmed, and he
shall continue in office.
- Prohibition from Resignation. - The elective
local official sought to be recalled shall not be
allowed to resign while the recall process is in
progress.
- Limitations on Recall. -
a. Any elective local official may be the
subject of a recall election only once
during his term of office for loss of
confidence.
b. No recall shall take place within one (1)
year from the date of the official's
assumption to office or one (1) year
immediately preceding a regular local
election.
- Expenses Incident to Recall Elections. - All
expenses incident to recall elections shall be
borne by the COMELEC.
2. Initiative - It is the process whereby the
registered voters directly propose, enact, or
amend laws, national or local, or even propose
Amendments to the Constitution through an
election called for the purpose. One of the
People power features (Initiative and
referendum)
68
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.
(Art XVII, S2)
The Initiative and Referendum Act (RA 6735)
- (3) systems of initiative
1.Initiative on the Constitution - a petition
proposing amendments to the Constitution;
2.Initiative on statutes - petition proposing to
enact a national legislation; and
3.Initiative on local legislation - petition
proposing to enact a regional, provincial,
city, municipal, or barangay law, resolution
or ordinance.
- "Indirect initiative" is exercise of initiative by
the people through a proposition sent to
Congress or the local legislative body for
action.
- "Referendum" is the power of the electorate
to approve or reject a legislation through an
election called for the purpose. It may be of
two classes, namely:
a. Referendum on statutes - petition to
approve or reject an act or law, or part
thereof, passed by Congress; and
b. Referendum on local law - petition to
approve or reject a law, resolution or
ordinance enacted by regional assemblies
and local legislative bodies.
- Requirements:
1.at least ten per centum (10%) of the total
number of the registered voters,
2.Every legislative district is represented by at
least three per centum (3%) of the
registered voters thereof
3.Register the same with the Commission.
LGC RA 7160
- Local initiative is the legal process whereby
the registered voters of a local government
unit may directly propose, enact, or amend
any ordinance.
- Procedure in Local Initiative. -
 Petition filed to Sangunian:
 Not less than one thousand (1,000)
registered voters in case of provinces
and cities,
 one hundred (100) in case of
municipalities, and
 fifty (50) in case of barangays
 If no favorable action thereon is taken by
the sanggunian concerned within thirty (30)
days from its presentation, the proponents,
through their duly authorized and registered
representatives, may invoke their power of
initiative, giving notice thereof to the
sanggunian concerned.
 Proponents shall have ninety (90) days in
case of provinces and cities, sixty (60) days
in case of municipalities, and thirty (30)

days in case of barangays, from notice
mentioned in subsection (b) hereof to
collect the required number of signatures.
 Upon the lapse of the period herein
provided, the COMELEC, through its office in
the local government unit concerned, shall
certify as to whether or not the required
number of signatures has been obtained.
Failure to obtain the required number
defeats the proposition.
 If the required number of signatures is
obtained, the COMELEC shall then set a
date for the initiative during which the
proposition shall be submitted to the
registered voters in the local government
unit concerned for their approval within
sixty (60) days from the date of certification
by the COMELEC, as provided in subsection
(g) hereof, in case of provinces and cities,
forty-five (45) days in case of municipalities,
and thirty (30) days in case of barangays.
The initiative shall then be held on the date
set, after which the results thereof shall be
certified and proclaimed by the COMELEC.
 If the proposition is approved by a majority
of the votes cast, it shall take effect fifteen
(15) days after certification by the COMELEC
as if affirmative action thereon had been
made by the sanggunian and local chief
executive concerned. If it fails to obtain said
number of votes, the proposition is
considered defeated.
- Limitations on local initiative
1. The power of local initiative shall not be
exercised more than once a year.
2. Initiative shall extend only to subjects or
matters which are within the legal powers
of the sanggunian to enact.
3. If at any time before the initiative is held,
the sanggunian concerned adopts in toto
the proposition presented and the local
chief executive approves the same, the
initiative shall be cancelled. However,
those against such action may, if they so
desire, apply for initiative in the manner
herein provided.
- Limitations upon Sangunian
 Any proposition or ordinance approved
through the system of initiative and
referendum as herein provided shall not be
repealed, modified or amended by the
sanggunian concerned within six (6) months
from the date of the approval thereof, and
may be amended, modified or repealed by
the sanggunian within three (3) years
thereafter by a vote of three-fourths (3/4)
of all its members: Provided, That in case of
barangays, the period shall be eighteen (18)
months after the approval thereof.
3. Plebiscite- It is the name given to a vote of the
people expressing their choice for or against a
proposed law or enactment submitted to them.
Also applied to an election at which any
proposed amendment to, or revision of, the
Constitution is submitted to the people for their
ratification, as well as when certain proposed
changes (creation, division, merger, abolition or
boundary change of a political unit) affecting
local government units may be implemented
Qualifications and disqualifications of voters
No province, city, municipality, or barangay
may be created, divided, merged, abolished,
69
or its boundary substantially altered, except in
accordance with the criteria established in the
Local Government Code and subject to
approval by a majority of the votes cast in a
plebiscite in the political units directly
affected. (Art X, S10)
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 executives and
legislative assemblies. The jurisdiction of the
metropolitan authority that will hereby be
created shall be limited to basic services
requiring coordination. (Art X, S10)
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. (Art X,
S18(2))
4. Election – expression of the sovereign will of
the people by which the people choose,
through the use of the ballot, their officials for
definite and fixed periods and to whom they
entrust, for the time being as their
representatives, the exercise of powers of
government. Specifically, the term "election," in
the context of the Constitution, may refer to
the conduct of the polls including the list of
voters, the holding of the electoral campaign,
and the casting and counting of votes
5. Referendum- It is the submission of a law
passed by the national or local legislative body
to the registered voters at an election called for
the purpose for their ratification or rejection.
Mode of appealing from an elected body to the
whole body of voters
The Congress shall, as early as possible,
provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and
enact laws or approve or reject any act or law
or part thereof passed by the Congress or local
legislative body after the registration 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. (Art VI, S32)
- Local referendum is the legal process whereby
the registered voters of the local government
units may approve, amend or reject any
ordinance enacted by the sanggunian.
- Under the control and direction of the
COMELEC within sixty (60) days in case of
provinces and cities, forty-five (45) days in
case of municipalities and thirty (30) days in
case of barangays.
- COMELEC shall certify and proclaim the
results of the said referendum.

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.
- Who may vote
Constitutional Req’t Statutory Req’t (RA 8189)
1. at least eighteen years of age,
2. Shall have resided in the Philippines for at least one year
3. Resided in the place wherein they propose to vote for at
least six months immediately preceding the election.
- Prohibited to impose as requirements for exercise
of suffrage
o Literacy requirement removed
 Filipino does not cease to be a Filipino
because he is illiterate; a man pays taxes and
he bleeds and he dies for his country whether
he signs his name with a flourish or with an
"X." Confuses literacy with intelligence, and
learning with wisdom. They know what is
happening in their community and in the
country. Yet they are denied the right to take
part in their government and to help shape
their destiny
o Property requirement removed
 Property ownership not a test of an individual
capacity to function properly and fully as a
social and political being
 Property requirement inconsistent with
concept of republican government which is a
political system is premised upon the tenet
that sovereignty resides in the people and all
governmental authority emanates from them
 Property requirement inconsistent with social
justice principles - presupposes equal
opportunity for all
o Education – Formal education itself is no
guarantee of good citizenship or of intelligent
voting
o Sex
o Taxpaying ability - restriction is related to
property requirement for voting
- System of Continuing Registration of Voters. The
personal filing of application of registration of
voters shall be conducted daily in the office of the
Election Officer during regular office hours. No
registration shall, however, be conducted during
the period starting one hundred twenty (120) days
before a regular election and ninety (90) days
before a special election.
- Disqualification:
1. Any person who has been sentenced by final
judgment to suffer imprisonment of not less
than one (1) year, such disability not having
been removed by plenary pardon or amnesty:
Automatically reacquire the right to vote upon
expiration of five (5) years after service of
sentence;
2. Any person who has been adjudged by final
judgment by a competent court or tribunal of
having committed any crime involving disloyalty
to the duly constituted government such as
rebellion, sedition, violation of the firearms
laws or any crime against national security,
unless restored to his full civil and political
rights in accordance with law:
70
3. Insane or incompetent persons declared as
such by competent authority unless
subsequently declared by proper authority that
such person is no longer insane or
incompetent.
A. Secrecy and sanctity of the ballot
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.
Section 14. Illiterate or Disabled Applicants. Any
illiterate person may register with the assistance
of the Election Officer or any member of an
accredited citizen’s arms. The Election Officer
shall place such illiterate person under oath, ask
him the questions, and record the answers given
in order to accomplish the application form in
the presence of the majority of the members of
the Board. The Election Officer or any member
of an accredited citizen’s arm shall read the
accomplished form aloud to the person assisted
and ask him if the information given is true and
correct The accomplished form shall be
subscribed by the applicant in the presence of
the Board by means of thumbmark or some
other customary mark and it shall be subscribed
and attested by the majority of the members of
the Board.
The attestation shall state the name of the
person assisted, the name of the Election Officer
or the member of the accredited citizen’s arm
who assisted the applicant, the fact that the
Election Officer placed the applicant under oath,
that the Election Officer or the member of the
accredited citizen’s arm who assisted the
applicant read the accomplished form to the
person assisted, and that the person assisted
affirmed its truth and accuracy, by placing his
thumbmark or some other customary mark on
the application in the presence of the Board.
The application for registration of a physically
disabled person may be prepared by any
relative within the fourth civil degree of
consanguinity or affinity or by the Election
Officer or any member of an accredited citizen’s
arm using the data supplied by the applicant.
The fact of illiteracy or disability shall be so
indicated in the application.
- RA 9369 – Election Automation Law
- RA 9189 – Overseas Absentee Voting Act (2003)
 Coverage. – All citizens of the Philippines abroad,
who are not otherwise disqualified by law, at
least eighteen (18) years of age on the day of
elections, may vote for president, vice-president,
senators and party-list representatives.
 Disqualifications
1. Those who have lost their Filipino citizenship
in accordance with Philippine laws;
2. Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country;
 71

3. Those who have committed and are convicted

in a final judgment by a court or tribunal of an
offense punishable by imprisonment of not
less than one (1) year, Disloyalty as defined
under Article 137 of the RPC, Commission
may take cognizance of final judgments issued
by foreign courts or tribunals only on the
basis of reciprocity and subject to the
formalities and processes prescribed by the
Rules of Court on execution of judgments;
4. An immigrant or a permanent resident who is
recognized as such in the host country, unless
he/she executes, upon registration, an
affidavit prepared for the purpose by the
Commission declaring that he/she shall
resume actual physical permanent residence
in the Philippines not later than three (3)
years from approval of his/her registration
under this Act. Failure to return shall be the
cause for the removal of the name from the
National Registry of Absentee Voters and
his/her permanent disqualification to vote in
absentia.
5. Any citizen of the Philippines abroad
previously declared insane or incompetent by
competent authority in the Philippines or
abroad, as verified by the Philippine
embassies, consulates or foreign service
establishments concerned, unless such
competent authority subsequently certifies
that such person is no longer insane or
incompetent.

- RA 7166 – (Synchronized Elections)

 Elections for President, Vice-President and
Senators
 Limited to members of the Armed Forces of the
Philippines and the Philippine National Police and
other government officers and employees who
are duly registered voters and who, on election
day, may temporarily be assigned in connection
with the performance of election duties to place
where they are not registered voters.
 72

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.

SECTION 9. The Members of the Supreme Court and

judges of 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.

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.
o Composition
 Chief Justice
 fourteen Associate Justices
o Qualifications
Members of SC Lower Collegiate Judges of lower
court courts
person of proven competence, integrity, probity, and
independence.
Natural-born citizen Citizen
X. JUDICIAL DEPARTMENT (ARTICLE VIII) fifteen years or Member of the Philippine Bar
more a judge of
A.Judicial Power a lower court or
engaged in the
practice of law
SECTION 1. The judicial power shall be vested in in the
one Supreme Court and in such lower courts as may Philippines
be established by law. At least forty Congress shall prescribe the
years of age qualifications
Judicial power includes the duty of the courts of
o Appointment:
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and  Appointed by the President from a list of at least
to determine whether or not there has been a grave three nominees prepared by the Judicial and Bar
abuse of discretion amounting to lack or excess of Council for every vacancy. Such appointments
jurisdiction on the part of any branch or need no confirmation.
instrumentality of the Government.  For the lower courts, the President shall issue
o Who exercises judicial power the appointments within ninety days from the
submission of the list.
 Supreme Court
o Vacancy – Filled within 90 days from occurence
 lower courts
o Scope of Judicial Power thereof
o Salary
 Settle actual controversies involving rights which
are legally demandable and enforceable  Fixed by law.
 To determine whether or not there has been a  During their continuance in office, their salary
grave abuse of discretion amounting to lack or shall not be decreased.
excess of jurisdiction on the part of any branch
or instrumentality of the Government. SECTION 5. The Supreme Court shall have the
following powers:
SECTION 4. (1) The Supreme Court shall be 1. Exercise original jurisdiction over cases affecting
composed of a Chief Justice and fourteen Associate ambassadors, other public ministers and consuls,
Justices. It may sit en banc or in its discretion, in and over petitions for certiorari, prohibition,
divisions of three, five, or seven Members. Any mandamus, quo warranto, and habeas corpus.
vacancy shall be filled within ninety days from the 2. Review, revise, reverse, modify, or affirm on
occurrence thereof. appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of
SECTION 7. 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.
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.
4. Order a change of venue or place of trial to avoid
a miscarriage of justice.
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 underprivileged.
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.
6. Appoint all officials and employees of the
Judiciary in accordance with the Civil Service Law.
1. Adjudicatory power - Exercise original
jurisdiction over cases affecting:
a. Involving rights legally demandable
 Certiorari
 Prohibition
 Mandamus
 Quo warranto
 Habeas corpus
b. Affecting ambassadors, public ministers and
consuls
c. PET = SC
2. Judicial Review
o What is judicial review – Power to review,
revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court
may provide, final judgments and orders.
o Functions of Judicial Review
o Modes of review and other judicial actions
o Scope of Judicial Review
a. Acts of Judicial Department: Lower courts:
1. 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.
2. All cases involving the legality of any tax,
impost, assessment, or toll, or any
penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any
lower court is in issue.
4. All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
5. All cases in which only an error or
question of law is involved.
b. Acts of Executive Department
73
c. Acts of Legislative Department
o Judicial Restraint; Limitations on the exercise
of Judicial Review
o Requisites for Judicial Review of a
constitutional issue
1. Actual case or controversy;
 justiciable question)
 not moot and academic; exceptions
 ripe for judicial action
2. Issue must be raised by proper party (locus
standi);
 General Rule:
 Exceptions:
3. Issue must be raised at the earliest
opportunity;
 General Rule:
 Exceptions:
 Necessity of deciding the constitutional
question (lis mota)
o Effects of declaration of unconstitutionality of
law / act
 Orthodox v Modern View
 Operative Fact Doctrine
3. Rule-Making Powers
o Rules on:
 Protection and enforcement of
constitutional rights
 Pleading, practice and procedure in all
courts
 Admission to the practice of law
 IBP: discipline and practice of law
 Legal assistance to the underprivileged
o Characteristics/Nature of Rules:
 Simplified and inexpensive procedure for
the speedy disposition of cases
 Uniform for all courts of the same grade
 Shall not diminish, increase, or modify
substantive rights
o Rules of procedure of special courts and
quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court
4. Auxiliary Administrative Powers
SECTION 2. The Congress shall have the power
to define, prescribe, and apportion the
jurisdiction of 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.
a. Assign temporarily (Detailing) 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.
b. Order a change of venue or place of trial to
avoid a miscarriage of justice.
c. Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
d. Other administrative powers:
1. Discipline lower court judges
SECTION 11. The Members of the Supreme
Court and judges of lower courts shall hold
office during good behavior until they
reached 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.
2. Administrative supervision over all courts
and court personnel
SECTION 6. The Supreme Court shall have
administrative supervision over all courts
and the personnel thereof.
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 Member 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.
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 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.
2. A case or matter shall be deemed
submitted for decision or resolution
upon the filing of the last pending, 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.
- How exercised/rendered
 A case or matter shall be deemed
submitted for decision or resolution
upon the filing of the last pending,
74
brief, or memorandum required by
the Rules of Court or by the court
itself.
 Consultation
 Assignment to a Member for the
writing of the opinion of the Court
 Certification to this effect signed by
the Chief Justice shall be issued
 A copy thereof attached to the
record of the case and served upon
the parties.
 The certification shall state why a
decision or resolution has not been
rendered or issued within said
period.
 Any Member who took no part, or
dissented, or abstained from a
decision or resolution must state the
reason therefor.
 Decisions must express clearly and
distinctly the facts and the law on
which it is based.
 In petition for review or motion for
reconsideration legal basis must be
stated for the refusal to give due
course or denial thereof
- Period of deciding a case
 General Rule:
 SC - Within twenty-four months
from date of submission
 Lower collegiate courts - twelve
unless reduced by the Supreme
Court
 Other lower courts - three months
unless reduced by the Supreme
Court
 Exception: Beyond the period
 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.
 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.
5. 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.
6. 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.
7. Supervision of JBC
SECTION 8. Judicial and Bar Council
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.
3. The Clerk of the Supreme Court shall be
the Secretary ex officio of the Council
and shall keep a record of its
proceedings.
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.
- Composition of JBC
a. Ex officio
1. Chief Justice as ex officio Chairman
2. Secretary of Justice
3. Representative of the Congress
b. Regular
4. A representative of the Integrated
Bar
5. Professor of law
6. A retired Member of the Supreme
Court,
7. Arepresentative of the private
sector.
- Supervised by the Supreme Court
- Appointment - The regular Members of
the Council shall be appointed by the
President with the consent of the
Commission on Appointments.
- Term
 First members
 representative of the Integrated
Bar - four years
 the professor of law - three years,
 the retired Justice - two years
 the representative of the private
sector - one year.
 Succeeding: Four years
- The Clerk of the Supreme Court shall be
the Secretary ex officio of the Council
75
and shall keep a record of its
proceedings
- Emoluments of regular members -
Determined by the Supreme Court and
out of annual budget appropriated by
SC.
- Functions
 Principal function - recommending
appointees to the Judiciary.
 Other functions and duties as the
Supreme Court may assign to it.
6. Plenary powers over the bar
7. Supervisory power over IBP
5. Incidental powers
B.Concepts, definitions, distinctions
1. Political v Justiciable Question
2. Ministerial v Discretionary Functions
3. Judgment v Discretion
4. Substantive v Procedural Law
5. Substantive v Procedural Rights
6. Facial Challenge v As Applied Challenge
a. Void for Vagueness Doctrine
b. Overbroad Doctrine
C. Jurisdiction and Organization of courts
SECTION 4.
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.
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.
1. SC: en banc v division cases
 En banc
 All cases involving the constitutionality of a
treaty, international or executive
agreement, or law
 All other cases which under the Rules of
Court are required to be heard en banc
 Constitutionality, application, or operation
of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations
 When the required number is not obtained
by division.
 To modify or reverse doctrine or principle of
law laid down by the court in a decision
rendered en banc or in division.
 In divisions of 3,5,7
 76

 Decided or resolved with the concurrence c. Chair, Presidential Electoral Tribunal, Article VII,
of a majority of the Members who actually Section 4
took part in the deliberations on the issues d. Supervisory powers over all Justices and Judges,
in the case and voted thereon Article VIII, Section 6
 In no case, without the concurrence of at e. Control & supervision over all officials &
least three of such Members. employees of Judiciary, Article VIII, Section 6

2. General v Limited jurisdiction E. Safeguards of Judicial Independence

3. Original v Appellate jurisdiction
4. Exclusive v Concurrent jurisdiction SECTION 12. The Members of the Supreme Court
5. Criminal v Civil jurisdiction and of other courts established by law shall not be
6. Regular v Special courts; Quasi-judicial bodies designated to any agency performing quasi-judicial
or administrative functions.
D.Additional functions and powers for the Chief
Justice F. Judicial Privilege
a. Presiding officer in the Impeachment court,
Article XI, Section 3 (6)
b. Chair, Judicial and Bar Council, Article VIII,
Section 8

XI. CONSTITUTIONAL COMMISSIONS AND OTHER CONSTITUTIONAL BODIES/AGENCIES

A.Constitutional Commissions (Article IX)

Civil Service Commission (B) Commission on Elections (C) Commission on Audit (D)

Main Functions and 1. Administer Civil Service (Art IX-B,
Powers Section 1)
2. Central personnel agency of the
Government (Art IX-B, Section 3) –
 Establish a career service and
adopt measures to promote
morale, efficiency, integrity,
responsiveness, progressiveness,
and courtesy in the civil service.
 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.
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,
3. 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.
4. 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.
5. 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.
6. Register, after sufficient
publication, political parties,
organizations, or coalitions
which, in addition to other
1. 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.
2. 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
 77

requirements, must present deficiencies. It shall keep the

their platform or program of general accounts of the
government; and accredit Government and, for such
citizens’ arms of the period as may be provided by
Commission on Elections. law, preserve the vouchers
Religious denominations and and other supporting papers
sects shall not be registered. pertaining thereto.
Those which seek to achieve 3. Exclusive authority, subject to
their goals through violence the limitations in this Article,
or unlawful means, or refuse to define the scope of its audit
to uphold and adhere to this and examination, establish the
Constitution, or which are techniques and methods
supported by any foreign required therefor, and
government shall likewise be promulgate accounting and
refused registration. Financial auditing rules and regulations,
contributions from foreign including those for the
governments and their prevention and disallowance
agencies to political parties, of irregular, unnecessary,
organizations, coalitions, or excessive, extravagant, or
candidates related to unconscionable expenditures,
elections constitute or uses of government funds
interference in national and properties.
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.
7. 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.
8. 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.
9. 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.
10.Submit to the President and
the Congress a
comprehensive report on
the conduct of each
election, plebiscite,
initiative, referendum, or
recall.
11.The Commission may,
during the election period,
supervise or regulate the
enjoyment or utilization of
all franchises or permits for
the operation of
 78

transportation and other

public utilities, media of
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,
time, and space, and the
right to reply, including
reasonable, 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. (Art
IX-C, Section 4)
12.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 (Art IX-C,
Section 5)

Other Functions Perform such other functions as may be provided by law. (Art IX-A, Section 8)

Composition Chairman and two Commissioners Chairman and six Chairman and two
(Art IX-B, Section 1) Commissioners (Art IX-C, Commissioners (Art IX-D, Section
Section 1(1)) 1(1))

Qualifications 1. natural-born citizens 1. Natural-born citizens 1.Natural-born citizens

2. at the time of their appointment, at
least thirty-five years of age,
3. with proven capacity for public
administration (Art IX-B, Section 1)
4. All public officers and employees
shall take an oath or affirmation to
uphold and defend this
Constitution. (Art IX-B, Section 4)
2. At the time of their
appointment, at least thirty-
five years of age,
3. Holders of a college degree
4. 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. (Art IX-C,
Section 1(1))
2.At the time of their
appointment, at least thirty-
five years of age
3.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. (Art IX-D, Section 1(1))

Disqualifications 1. Must not have been candidates for
any elective position in the
elections immediately preceding
their appointment. (Art IX-B,
Section 1)
2. 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. (Art IX-B, Section 6)
1. Must not have been
candidates for any elective
position in the immediately
preceding elections
1.Must not have been
candidates for any elective
position in the elections
immediately preceding their
appointment.
2.At no time shall all Members
of the Commission belong to
the same profession.

Jurisdiction all branches, subdivisions, No law shall be passed

instrumentalities, and agencies of the exempting any entity of the

Government, including government-
owned or controlled corporations
with original charters. (Art IX-B,
Section 2(1))
Appointment  Chairman and the Commissioners
shall be appointed by the
President with the consent of the
Commission on Appointments (Art
IX-B, Section 1)
 Appointments in the civil service
shall be made only according to
merit and fitness to be
determined, as far as practicable,
by competitive examination. (Art
IX-B, Section 2(2))
 Positions which are policy-
determining, primarily
confidential, or highly technical
(Art IX-B, Section 2(2))
Appoint their officials and employees in accordance with law. (Art IX-A, Section 4)
Terms of Office Seven 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. (Art IX-B, Section
1, Art IX-C, Section 1(2), Art IX-D, Section 1(2))
Prohibited offices and 1.Any officer/employee - Engage,
interests directly or indirectly, in any
electioneering or partisan political
campaign. (Art IX-B, Section 2(4))
2.Elective official - Not eligible for
appointment or designation in any
capacity to any public office or
position during his tenure. (Art IX-B,
Section 7)
3.Appointive official - 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, unless otherwise
allowed by law or by the primary
functions of his position (Art IX-B,
Section 7)
Right to self-organization shall not be
denied . (Art IX-B, Section 2(5))
79
Government or its subsidiary in
any guise whatever, or any
investment of public funds, from
the jurisdiction of the
Commission on Audit. (Art IX-D,
Section 3)
 Chairman and the  The Chairman and the
Commissioners shall be Commissioners shall be
appointed by the President appointed by the President
with the consent of the with the consent of the
Commission on Commission on
Appointments (Art IX-C, Appointments
Section 1(2))
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. (Art
IX-C, Section 6)
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. (Art IX-C,
Section 7)
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. (Art IX-C, Section 8)
Unless otherwise fixed by the
Commission in special cases,
the election period shall
commence ninety days before
the day of the election and
shall end thirty days after. (Art
IX-C, Section 9)
Bona fide candidates for any
public office shall be free from
any form of harassment and
 80

discrimination. (Art IX-C,

Section 10)

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. (Art IX-C,
Section 11)
No Member of a Constitutional Commission shall, during his tenure (Art IX-A, Section 2)
 Hold any other office or employment.
 Engage in the practice of any profession
 Engage in the active management or control of any business which in any way be affected by the
functions of his office,
 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 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. (Art IX-B,
Section 5)

No elective or appointive public

officer or employee shall receive
additional, double, or indirect
compensation, unless specifically
authorized by law. (Art IX-B, Section 8)

Cannot 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.

Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure (Art
IX-A, Section 3)

Removal Officers and employees - For cause

provided by law (Art IX-B, Section
2(3))
Temporary employees of the
Government shall be given such
protection as may be provided by law
(Art IX-B, Section 2(6))

Members of the Constitutional Commissions may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. (Art IX, Sec 2)

Fiscal Autonomy Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and
regularly released. (Art IX-A, Section 5)
 81

Submission of Reports Submit to the President and the The Commission shall submit to
Congress an annual report on its the President and the Congress,
personnel programs. (Art IX-B, Section within the time fixed by law, an
3) 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. (Art IX-D,
Section 4)

Rule-Making powers May sit en banc - motions for

reconsideration of decisions
In two divisions - All such
election cases
Shall promulgate its rules of
procedure in order to expedite
disposition of election cases,
including pre-proclamation
controversies. (Art IX-B, Section
3)

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. (Art
IX-A, Section 6)

Quasi-judicial functions Each Commission shall decide by a majority vote of all its Members within sixty days from the date of its
submission 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). (Art IX-A, Section 7)

Review of final orders, Decisions, final orders, or

resolutions and decisions rulings of the Commission on
election contests involving
elective municipal and
barangay offices shall be final,
executory, and not appealable.

Rendered in the exercise Any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the
of quasi-judicial aggrieved party within thirty days from receipt of a copy thereof, unless otherwise provided by this
functions Constitution or by law. (Art IX-A, Section 7)

Rendered in the exercise

of administrative
functions

B.Economic Agencies provided by law over the operations of finance

companies and other institutions performing
1. BSP similar functions.
Until the Congress otherwise provides, the
The Congress shall establish an independent Central Bank of the Philippines, operating under
central monetary authority, the members of existing laws, shall function as the central
whose governing board must be natural-born monetary authority. (Article XII, Sections 20)
Filipino citizens, of known probity, integrity, and
patriotism, the majority of whom shall come Foreign loans may only be incurred in
from the private sector. They shall also be accordance with law and the regulation of the
subject to such other qualifications and monetary authority. Information on foreign
disabilities as may be prescribed by law. The loans obtained or guaranteed by the
authority shall provide policy direction in the Government shall be made available to the
areas of money, banking, and credit. It shall have public. (Article XII, Sections 21)
supervision over the operations of banks and
exercise such regulatory powers as may be 2. NEDA

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. (Article XII, Sections
9)
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 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. (Article XII, Sections 10)
C. National Commissions
1. Commission on Human Rights (Article XIII)
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.
(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 underprivileged
82
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 the 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.
2. National Language Commission (Komisyon ng
Wikang Pambansa)
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.
(Article XIV, Section 9)
3. National Police Commission (NAPOLCOM),
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. (Article XVI, Section 6)
RA 6975 – Establishing PNP under DILG
4. National Commission on Indigenous People
(NCIP),
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. (Article XII, Section
5)
The State shall recognize, respect, and protect
the rights of indigenous cultural communities to

preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in
the formulation of national plans and policies.
(Article XIV, Section 17)
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 XVI, Section 12)
RA 8371 – Indigenous Peoples Rights Act
D.Anti-Graft Bodies
1. Sandiganbayan
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. (Article XI, Section 4)
Jurisdiction of Sandiganbayan
1. Violations of Republic Act No. 3019, Anti-Graft
and Corrupt Practices Act, and Republic Act
No. 1379;
2. Crimes committed by public officers and
employees including those employed in
government-owned or controlled
corporations, embraced in Title VII of the
Revised Penal Code, whether simple or
complexed with other crimes; and
3. Other crimes or offenses committed by public
officers or employees, including those
employed in government-owned or controlled
corporations, in relation to their office.
The jurisdiction herein conferred shall be
original and exclusive if the offense charged is
punishable by a penalty higher than prision
correccional, or its equivalent, except as herein
provided; in other offenses, it shall be
concurrent with the regular courts.
In case private individuals are charged as co-
principals, accomplices or accessories with the
public officers or employees including those
employed in government-owned or controlled
corporations, they shall be tried jointly with said
public officers and employees.
Where an accused is tried for any of the above
offenses and the evidence is insufficient to
establish the offense charged, he may
nevertheless be convicted and sentenced for the
offense proved, included in that which is
charged.
Criminal action and the corresponding civil
action for the recovery of civil liability arising
from the offense charged shall at all times be
simultaneously instituted with, and jointly
determined in the same proceeding by, the
Sandiganbayan, the filing of the criminal action
being deemed to necessarily carry with it the
filing of the civil action, and no right to reserve
the filing of such action shall be recognized;
In cases within the exclusive jurisdiction of the
Sandiganbayan, where the civil action had
therefore been filed separately with a regular
83
court but judgment therein has not yet been
rendered and the criminal case is hereafter filed
with the Sandiganbayan, said civil action shall be
transferred to the Sandiganbayan for
consolidation and joint determination with the
criminal action, otherwise, the criminal action
may no longer be filed with the Sandiganbayan,
its exclusive jurisdiction over the same
notwithstanding, but may be filed and
prosecuted only in the regular courts of
competent jurisdiction;
In cases within the concurrent jurisdiction of the
Sandiganbayan and the regular courts, where
either the criminal or civil action is first filed
with the regular courts, the corresponding civil
or criminal action, as the case may be, shall only
be filed with the regular courts of competent
jurisdiction.
Excepted from the foregoing provisions, during
martial law, are criminal cases against officers
and members of the armed forces in the active
service.
4. Ombudsman, PD 1630 (1979); RA 6770 (1989)
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. (Art XI,
Sec 5)
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. (Art XI, Sec 6)
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. (Art XI, Sec 7)
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 IX-A of this
Constitution. (Art XI, Sec 8)
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. (Art XI,
Sec 9)
The Ombudsman and his Deputies shall have the
rank of Chairman and Members, respectively, of
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the Constitutional Commissions, and they shall Government and make recommendations for
receive the same salary, which shall not be their elimination and the observance of high
decreased during their term of office. (Art XI, Sec standards of ethics and efficiency.
10) 8. Promulgate its rules of procedure and exercise
such other powers or perform such functions or
The Ombudsman and his Deputies shall serve for a duties as may be provided by law.
term of seven years without reappointment. They
shall not be qualified to run for any office in the The Office of the Ombudsman shall enjoy fiscal
election immediately succeeding their cessation autonomy. Its approved annual appropriations
from office. (Art XI, Sec 11) shall be automatically and regularly released. (Art
XI, Sec 14)
The Ombudsman and his Deputies, as protectors
of the people, shall act promptly on complaints The right of the State to recover properties
filed in any form or manner against public officials unlawfully acquired by public officials or
or employees of the Government, or any employees, from them or from their nominees or
subdivision, agency or instrumentality thereof, transferees, shall not be barred by prescription,
including government-owned or controlled laches, or estoppel. (Art XI, Sec 15)
corporations, and shall, in appropriate cases,
notify the complainants of the action taken and No loan, guaranty, or other form of financial
the result thereof. (Art XI, Sec 12) accommodation for any business purpose may be
granted, directly or indirectly, by any government-
The Office of the Ombudsman shall have the owned or controlled bank or financial institution
following powers, functions, and duties: (Art XI, to the President, the Vice-President, the Members
Sec 13) of the Cabinet, the Congress, the Supreme Court,
1. Investigate on its own, or on complaint by any and the Constitutional Commissions, the
person, any act or omission of any public official, Ombudsman, or to any firm or entity in which they
employee, office or agency, when such act or have controlling interest, during their tenure. (Art
omission appears to be illegal, unjust, improper, XI, Sec 16)
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.
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