B.
THE 1987 CONSTITUTION-
POLITICAL LAW REVIEW
Part I
by
MIGUEL B. LICERALDE SR.
University of the Cordilleras
Chapter I.
A. INTRODUCTION
1. Political law –defined [Macariola v.
Asuncion, 114 SCRA 77]
2. Scope of Political Law
3. Constitution-defined and classified.
4. Parts of a written constitution
5. Interpretation & construction of the
Constitution;
a. Self-executing & non self-
executing (Manila Prince
Hotel vs. GSIS, 267 SCRA
408 [1997]. Art. II provisions
generally not self-executing
provisions (Kilosbayan v.
Morato, 246 SCRA 540)
6. Historical background:
a. Malolos Constitution
b. American Organic Acts
c. 1935 Constitution
d. 1973 Constitution
e. 1985 snap presidential
election
f. READ: concurring opinion
of J. Puno in Republic v.
Sandigan, 407 SCRA 10
g. Nature of government after
Feb. 25, 1986 up to the
proclamation (No. 3) of the
Freedom Constitution on
March 24, 1986
(REPUBLIC v. Sandigan,
407 SCRA 10)
h. Freedom Constitution
1. Adoption and ratification on 02 Feb. 1987;
its effectivity (De Leon v. Esguerra, 153
SCRA 602)
2. Supremacy of the Constitution (Manila
Prince Hotel vs. GSIS, 267 SCRA 408
[1997]; exception-Lawyers League for a
Better Philippines v. Aquino, GR 73748,
5/22/86; In re: Bermudez
A. 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.
a. 1987 Preamble compared with the 1973,1935
b. Function of the preamble. Is it a source of rights?
What are its purposes and effects? READ:
Aglipay v. Ruiz, 64 Phil 20I
ARTICLE II.- FUNDAMENTAL PRINCIPLES
AND STATE POLICIES-
Generally not self-executing provisions
(KILOSBAYAN V. MORATO, 246 SCRA 540)
Section 1. The Philippines is a democratic and
republican state. Sovereignty resides in the people
and all government authority emanates from them.
III. PHILIPPINES AS A STATE
a. “State” defined; distinguished from “nation”
Collector vs. Rueda, 42 SCRA 23 [1971]
b. Elements of State (people, territory,
government, sovereignty)
1). PEOPLE
 a). As inhabitants-Sec. 1,Art. XIII;
Sec. 15, Art. II; Sec. 2, Art. III
b). As citizens- Preamble; Sec. 1 &
4, Art. II; Sec. 7, Art. III
c). As electors- Sec. 4, Art. VII; Sec.
2, Art. XVI; Sec. 25, Art. XVIII
2) TERRITORY; ARTICLE I- National
Territory
a). What is the scope and how is the
national territory defined under the
1935, 1973, 1987 Constitution?
b). Reasons for constitutional definition of
national territory under the 1935, 1973
& 1987 constitution.
c). Changes in the definition of the national
territory under 1987 Constitution.
Effects?
d). Archipelagic doctrine-Elements &
Methods in fixing the base line
e). Read: RA 9522 defining the
archiplegic baselines; PD 1596 - June
11, 1978- Annexing Kalayaan Islands as
municipality of Palawan; PD 1599 -
June 11, 1978- Declaring the 200- mile
Economic Zone; UNCLOS
MAGALLONA vs. ERMITA, GR
187167, 8/6/11
3). Government-defined
a). “Govt. of the Philippines”-defined
see- Sec. 2, Revised Adm. Code
b). Functions of government: constituent
(governmental) and Ministrant (proprietary)
Bacani v. Nacoco, 100 Phil 468[1956]
c). Distinction has become obsolete
ACCFA v, CUGCO, 30 SCRA 649
(agricultural credit); NHC vs. JUCO,
134 SCRA 172, (1985) (housing);
(Fontanilla v. Maliaman, 2/27/91-GR
55963 (water irrigation). PEA V. Yujuico, 351
SCRA 280[2001] (roads) SHIPSIDE, INC. vs.
CA, GR 143377 2/20/01- (special economic
zone)
d). De Jure and De Facto governments
Co Kim Chan vs. Valdez, 75 PHIL 113
e). What is the nature of the government under the
Freedom Constitution-Letter of Justice
REYNATO PUNO, 210 SCRA
589,598[1992]; Lawyer’s League for a
Better Philippines v. Aquino, 5/22/86
f). What is the legal distinction between EDSA
PEOPLE POWER I and EDSA PEOPLE
POWER II? Estrada v. Arroyo GR. No.
146738. March 2, 2001)
g). Forms of Government- Direct democracy,
Assembly, Parliamentary, Presidential
h). What form of government did we have under
the 1973 Constitution as revised under 1981
amendments? Free Telephone Workers
Union v. Minister, 108 SCRA 757, 763-
5[1981]
i). Administration distinguished from government
4). SOVEREIGNTY
a). Legal and political
b). Characteristics: permanent, exclusive,
comprehensive, absolute, indivisible,
inalienable, and imprescriptible
THE PROVINCE OF NORTH COTABATO
vs. THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES
PEACE PANEL ON ANCESTRAL
DOMAIN (GRP), et al., G.R. No. 183591,
October 14, 2008
c). Effect of belligerent occupation on
sovereignty-political laws suspended subject to
revival but does not apply to members of the
military (Ruffy v. Chief of Staff, 75 Phil 875);
-Non political laws continues unless changed;
2
 judicial decisions on political matters
during the occupation deemed annulled
(Peralta v. Director of Prisons, 75
PHIL 285)
d). Effect of change of sovereignty-
political laws abrogated unless
reenacted. Macariola v. Asuncion, 114
SCRA 77
e). Sovereignty as “Auto-Limitation”
Reagan v. Commissioner, 30 SCRA
968
People v. Gozo, 53 SCRA 476
Tanada v. Angara, 272 SCRA 8
f). Doctrine of Parens Patriae
Govt. V. Monte de Piedad, 35 Phil
738 ;Cabanas V. Pilapil, 58 SCRA
94
PR IN C IPLE S
1. The Philippines as a “democratic and
republican state”. Why was
“democratic” added to “republican”?
Read: Tolentino vs. Commission on
Elections, 420 SCRA 438(2004);
2. Essential features and manifestations
of republicanism
3. Renunciation of war ; Incorporation
Clause; Sec. 2
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.
a. Aggressive war vs. defensive war
b. Incorporation vs. Transformation; hard
law vs. soft law, meaning of generally
accepted principles of international law –
Pharmaceutical and Health Care Assn. vs.
Duque, GR 173034, 10/9/07
c. Incorporation Clause and related matters
Kuroda v. Jalandoni, 83 Phil 171
Agustin v. Edu, 88 SCRA 195
ISAE vs. QUISUMBING, 333 SCRA 13
On UN Declaration of Human Rights
Mejoff v. Director of Prisons, 90 Phil. 70
Salonga v. Hermoso, 97 SCRA 121
Mijares v. Rañada, 455 SCRA 397 (2005)
Shangri-la v. Developers Group of Companies, Inc.,
486 SCRA 405 (2006).
Government of Hongkong Special
Administrative Region v. Olalia, 521 SCRA 470
(2007)
c. IN CASE OF CONFLICT, WHICH SHOULD
PREVAIL ? Treaty or Constitution or law ? SEE
ruling in Balikatan 02-1 in LIM et al. Vs. Exec.
Sec., GR 15445, 4/11/02
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.
a. The President as Commander in chief
b. READ Sec 18, Art. VII-
c. Civilian supremacy-not diminished by calling the
marines to maintain peace and order or suppress
violence (IBP vs. ZAMORA, 338 SCRA 81
d. role of the military
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, in the
fulfillment thereof, all citizens may be required,
under conditions provided by law, to render
personal military or civil service.
a. Refusal to enlist (P. V. Lagman, 66 Phil 13
[1913])
Section 5. the maintenance of peace and order,
protection of life, liberty and property, and
3
promotion of the general welfare are
essential for the enjoyment by all the
people of the blessings of democracy.
Section 6. The separation of Church and
State shall be inviolable.
a. Correlative provisions
1). Sec. 5, Art. III-non
establishment/free exercise and religious
test
2). Sec. 28(3) Art. VI-tax exempt
3). Sec. 29 (2) Art. VI-non appropriation
clause
4). Par C, 2 (5), Art. IX-religious party
5). Sec. 3(3) Art. XIV-optional religious
instructions in public schools
b. READ:
Aglipay v. Ruiz, 64 Phil 201
(1) benevolent neutrality or
accommodation, whether mandatory or
permissive, is the spirit, intent and
framework underlying the religion
clauses in our Constitution; and (2) in
deciding respondent’s plea of exemption
based on the Free Exercise Clause (from
the law with which she is
administratively charged), it is the
compelling state interest test, the strictest
test Estrada vs. Escritor, 492 SCRA
1(2006)
STATE POLICIES
SECTION 7- The state shall pursue and
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.
What is the consideration for foreign
relations?
SECTION 8. – The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from nuclear weapons
in its territory.
a. What is the meaning of the policy?
Section 9. The state shall promote a Just and
dynamic social order that will ensure the prosperity
and independence of the nation and free the people
from poverty through policies that provide adequate
social services, promote full employment, a rising
standard of living, and an improved quality of life
for all.
Section 10. the state shall promote Social Justice
in all phases of national development.
a. Read: Article XIII
b. Social Justice: Definition & Concept-
Calalang v. Williams, 70 Phil 726;
Alalayan v. NPC, 24 SCRA 172;
Tuazon v. Land Tenure, 31 SCRA 413
c. Social justice, tempered-
Astudillo v. Board, 73 SCRA 15 [1976]
Salonga v. Farrales, 105 SCRA 359, 369[1981]
d. Compare the Social Justice provisions under the
1935, 1973, 1987 Constitutions
Section 11. The state values the dignity of every
human person and guarantees full respect for
human rights.
READ: Article XIII, Sec. 17-19
Section 12. The state recognizes the sanctity of
family life and shall protect and strengthen the
family as a basic 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.
a. READ: Article XV
b. The family
4
 Cabanas v. Pilapil, supra
c. The unborn-limitation to abortion to
avoid application of Roe v. Wade, 4410
US 113 [1973]
d. Rearing of the youth-as primary and
natural right and duty of parents
Meyer v. Nebraska, 260 US 260 [1922]
Pierce v. Society of Sisters, 268 US 510
[1925]
Ginsberg v. New York, 390 US 629 [1968]
Wisconsin v. Yoder, 106 US 205 [1972]
Angeles v. Judge Sison, 112 SCRA 26
[1982]
Section 13. the state recognizes the Vital
role of the youth in nation building, and
shall promote and protect their physical,
moral, spiritual, intellectual well being. it
shall inculcate in the youth patriotism and
nationalism, and encourage in public and
civic affairs.
People v. Ritter, 194 SCRA 690
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.
See: Sec. 14 of Article XIII
Section 15. the state shall protect and
promote the right to health of the people
and instill health consciousness among
them.
See: Article XIII, Secs. 11-13 (social
justice provisions)
Construction of high voltage electric
transmission lines may be enjoined -
HERNANDEZ et al., v. NPC, GR.
145328, 3/23/06
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.
An enforceable right- Oposa v. Factoran, 7/30/93
which can be enforced by Mandamus(MMDA v.
Concerned Residents of Manila Bay, 643 SCRA 90
[2011]
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.
read also Article XIV
Section 18. the state affirms labor as primary
social economic force. it shall protect the rights of
workers and promote their welfare.
See: Sec. 3 Article XIII
Section 19. The state shall develop a self-reliant
and independent national economy effectively
controlled by Filipinos.
READ: Article XII-National Economy and
Patrimony
b. Meaning of self reliant and independent: not in
isolation- Tanada v. Angara, 5/2/97
Section 20. The state recognizes the indispensable
role of the private sector, encourages private
enterprise, and provides incentives to needed
investments.
“LET ALONE POLICY”
Marine Radio v. Reyes, 11/6/90 (on role of private
sector)
Section 21. The state shall promote
comprehensive rural development and agrarian
reform.
READ: Sec. 4-10 of Article XIII
PD 27, RA 3844 and 6389, CARP (RA 6657, as
extended by CARPer, RA 9700)
Section 22. The state recognizes and promotes the
rights of indigenous cultural communities within
the framework of national unity and development.
5

See: Article X, XII, XIV and XVI
Read: IPRA LAW, RA 8371
CRUZ & EUROPA vs. DENR,
347 SCRA 128, GR 135385,
12/6/00
Section 23. The State shall encourage non-
governmental, community-based, or
sectoral organizations that promote the
welfare of the nation.
See: Sec. 15 & 16 of Article XIII
Section 24. The state recognizes the vital
role of communication and information in
nation-building.
See Article XVI, Secs. 10 and 11
public disclosure of all its transactions involving
public interest.
(EO 464) SENATE vs. ERMITA, GR No. G.R.
No. 169777, April 20, 2006,
Read: Sec. 7 Art. III- Right to information and
access to official records
The right to information guarantees the right of the
people to demand information, while Section 28
recognizes the duty of officialdom to give
information even if nobody demands. THE
PROVINCE OF NORTH COTABATO vs. GRP
PEACE PANEL ON ANCESTRAL DOMAIN,
G.R. No. 183591, October 14, 2008.

Section 25. The state shall ensure the

autonomy of local governments.
Read: Article X
1991 Local Government Code; its features
on autonomy

Section 26. The state shall guarantee

equal access to opportunities for public
service, and prohibit political dynasties as
may be defined by law.

Not self-executing; nuisance candidates

PAMATONG vs. COMELEC, G.R. No.
161872, April 13, 2004

Note: the bill of political dynasty remains a

bill in Congress

Section 27. The state shall maintain

honesty and integrity in the public service
and take positive and effective measures
against graft and corruption.
Read: Article XI on Accountability of
Public Officers

Section 28. Subject to reasonable

conditions prescribed by law, the State
adopts and implements a policy of full

6
 reserved to the people by the provision on initiative
ARTICLE VI. and referendum.

LEGISLATIVE DEPARTMENT Powers of Congress

legislative and non legislative
Separation of Powers
A. To avoid concentration of 1) Legislative power-defined
powers/authority a) kinds-
B. Sample cases on separation of powers: original/derivative
 Planas v. Gil, 67 Phil 62 constituent/ordinary
 Santiago/Tatad v. Guingona,
11/18/98 2) Basic Concepts of legislative power
 Garcia v. Macaraig, 39 SCRA 106 a) no passage of irrepealable laws
 Dolalas v. Ombudsman, 12/24/96 including imposition of a higher majority
for its repeal KIDA v. SENATE, 659
 Power of Investigation vs. Executive SCRA 270
Privilege- SENATE OF THE b) separation of powers
PHIL. et al., vs. ERMITA, GR No. c) non-delegability
169777, April 20, 2006- 3) Nature-inherent
constitutionality of EO 464 4) Limits to legislative power
a) Substantive
 ABAKADA GURO PARTY LIST b) Procedural
vs. HON. CESAR V. PURISIMA- 5) Substantive limitations
on joint congressional oversight i) Express limitations- Constitutional
committee to approve executive limitations
implementing rules ii) Implied limitation-
(1) Principle of Non-delegation
C. Blending of powers (delegata potestas non delegari
 instances: appointment, amnesty, potest)
appropriation, ratification of treaties (a) corollary to separation of powers
(b) applies to the three(3) powers of
D. Principle of Checks and Balances government
 legislative power- spending power, (c) And ALSO to grant of legislative
confirmatory power, treaty franchise – Jaworksi vs.
ratification PAGCOR and SAGE, GR No.
 executive power- veto, appointment, 144463, 1/4/04
clemency
iii) Permissive Delegation of Legislative
 judicial power – judicial review
Power
(1) Delegations provided under the
ARTICLE VI
Constitutions
Legislative Department
(a) Tariff powers of the President
-Sec. 28 (2) Art. VI
Section 1. The legislative power shall be
(b) Emergency powers to the Pres.-
vested in the Congress of the Philippines,
Sec. 23 (2) Art. VI
which shall consist of a Senate and a House
(2) Delegations to Local Governments -
of Representatives, except to the extent
Sec. 5 Art. X

7
 (3) Delegation of Rule-making
power to Administrative
bodies;
(a) May rules and regulations
issued by Adm. Bodies
have the force and effect
of a law?
Delegation to the People (Sec. 32 Art. VI)
Requisites for a valid delegation by a law
1. Completeness test- the law must set
forth the policy
2. Sufficient Standard test- the law
must set forth the limits within
which the delegate must conform
Cases:
 delegation to the executive
department- Pelaez v. Auditor
General, 15 SCRA 569; US v. Ang
Tang Ho, 43 Phil 1 [1922]; P. v.
Rosenthal, 68 Phil 328 [1939];
delegated power to remove BIR and
BOC officials under the Attrition
Law. ABAKADA GURO PARTY
LIST vs. PURISIMA, G.R. No.
166715, August 14, 2008
 delegation to administrative
bodies/agencies-rule making power
-Tablarin v. Gutierrez, 152 SCRA
730 [1987] ; Eastern Shipping v.
POEA, 166 SCRA 533 [1988];
Araneta v. Gatmaitan, 101 Phil
328 [1957]; P. v. Maceren, 76
SCRA 450 [1977]; CEBU
OXYGEN V. Sec. DRILON,
8/2/89
 delegation to the courts- P. v.
DACUYCUY, 5/5/89
 delegation to local governments-
LOCAL GOVERNMENT
CODE; RUBI V. PROV. BOARD,
39 PHIL 660; P. v. Vera, 65 Phil 5
SEC. 2.
The Senate shall be composed of twenty-four
Senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law.
SEC. 3.
No person shall be a Senator unless he is a natural-
born citizen of the Philippines, and, on the day of
the election, is at least thirty-five years of age, able
to read and write, a registered voter, and a resident
of the Philippines for not less than two years
immediately preceding the day of the election.
SEC. 4.
The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next
following their election.
No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered
as an interruption in the continuity of his service
for the full term for which he was elected.
Composition, qualification and election of senators
 May Congress add drug testing as a
qualification? PIMENTEL, JR. vs.
COMELEC, G.R. No. 161658, November
3, 2008
 May a senator may serve more than two
terms? Yes.
SEC. 5.
(1) The House of Representatives shall be
composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall
be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their
respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as
8
provided by law, shall be elected through a
party-list system of registered national,
regional, and sectoral parties or
organizations.
Membership in the house may exceed 250 if
Congress decides to create legislative
districts. Tobias v. Abalos, 239 SCRA 106
(1994)
Only   Congress   can   create   provinces   and
cities because the creation of provinces and
cities   necessarily   includes   the   creation   of
legislative districts, a power only Congress
can exercise under Section 5, Article VI of
the   Constitution   and   Section   3   of   the
Ordinance   appended   to   the   Constitution.
[Sema vs. Commission  on  Elections, 558
SCRA 700(2008)]
(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.
RA 7941- party list-law
VETERANS FEDERATION PARTY et
al., vs. COMELEC, et al., 342 SCRA 244
[10-6-00]- the provision provides for the
ceiling;-RA 7941, providing for requirement
of 2% of the total votes cast to qualify for
one representative is valid.
Who may participate in the party-list
election? Ang Bagong Bayani et al., vs.
COMELEC, et al., GR 147589, June 26,
2001
BANAT vs. COMELEC, 592 SCRA 294-
Clarifying and summarizing the application of 2%
vote requirement and the 3-seat cap. under RA
7941.
BELLO v. COMELEC, Dec. 7, 2010- jurisdiction
over the qualifications of party list nominee.
New parameters on party list (ATONG
PAGLAUM, INC. v. COMELEC, GR No.
203766, 4/3/13, consolidated cases)
(3) Each legislative district shall comprise, as far
as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have
at least one representative.
What is “Gerrymandering?”
ALDABA et al., vs. COMELEC, 611 SCRA 137
[2010]
(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.
This merely directory.
SEC. 6. No person shall be a Member of the House
of Representatives unless he is a natural-born
citizen of the Philippines and, on the day of the
election, is at least twenty-five years of age, able to
read and write, and, except the party-list
representatives, a registered voter in the district in
which he shall be elected, and a resident thereof for
a period of not less than one year immediately
preceding the day of the election.
Qualifications of members of the house
CASES:
Residence requirement means DOMICILE- Animus
revertendi- Marcos v. COMELEC, 248 SCRA
300; Intent to acquire new domicile must be
coupled with overt acts-Aquino v. COMELEC,
248 SCRA 400
9
Domino v. COMELEC, GR 1344015, July
19, 1999
SEC. 7.
The Members of the House of
Representatives shall be elected for a term
of three years which shall begin, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election.
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.
1. On term limits- not more than three
consecutive terms.
2. Running for another office is voluntary
renunciation-Dimaporo v. Mitra,
10/15/91
SEC. 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.
Regular date of election-2nd Monday of May,
but may be changed by law
SEC. 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.
Congress cannot be compelled to hold
special elections. (Lozada v. COMELEC,
95 SCRA 337)
10
SEC. 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.
PHILCONSA V. Gimenez, 15 SCRA 479
Ligot v. Mathay, 56 SCRA 823
SEC. 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.
People v. JALOSJOS, GR 132875 2/3/00
(concurring opinion of J. Gonzaga-Reyes)
Osmena v. Pendatun, 109 PHIL 863
Jimenez v. Cabangbang, 17 SCRA 876
SEC. 12.
All Members of the Senate and the House of
Representatives shall, upon assumption of office,
make a full disclosure of their financial and
business interests. They shall notify the House
concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation
of which they are authors.
1. full disclosure of their financial and business
interests.
2. notify the House of a potential conflict of
interest arising from the filing of a proposed
legislation of which they are authors.
SEC. 13.
No Senator or a 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.
Incompatible and Forbidden offices
PNRC, not gov’t owned or controlled-
LIBAN v. GORDON, 593 SCRA 68 (2009)
SEC. 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.
Inhibitions and Disqualifications- rationale
 the prohibition does not preclude the
appearance of the law firm of which
the legislator is a member
 BUT The prohibition cannot be
circumvented by indirection- Puyat
v. De Guzman, 113 SCRA 31
SEC. 15.
The Congress shall convene once every year
on the fourth Monday of July for its regular
session, unless a different date is fixed by
law, and shall continue to be in session for
such number of days as it may determine
until thirty days before the opening of its
11
next regular session, exclusive of Saturdays,
Sundays, and legal holidays. The President may
call a special session at any time.
Regular and special sessions.
SEC. 16.
(1) The Senate shall elect its President and the
House of Representatives its Speaker, by a majority
vote of all its respective Members.
Each House shall choose such other officers as it
may deem necessary.
No rule for the selection of minority leader;
Santiago v. Guingona, 11/18/98
(2) A majority of each House shall constitute a
quorum to do business, but a smaller number may
adjourn from day to day and may compel the
attendance of absent Members in such manner, and
under such penalties, as such House may provide.
Quorum.
Avelino v. Cuenco, 83 Phil 17; MR 3/14/49
(3) Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of
all its Members, suspend or expel a Member. A
penalty for suspension, when imposed, shall not
exceed sixty days.
Internal Rules
Arroyo v. De Venecia, 277 SCRA 268
Arroyo v. De Venecia , 6/26/98
Need not be published unless required by the rule
itself for effectivity-PIMENTEL v. Senate
Committee as a Whole, March 8, 2011
Discipline
Osmena v. Pendatun, 109 Phil 863
Paredes v. Sandigan, GR 118364, 8/10/95
(4) Each House shall keep a Journal of its
proceedings, and from time to time publish
the same, excepting such parts as may, in its
judgment, affect national security; and the
yeas and nays on any question shall, at the
request of one-fifth of the members present,
be entered in the Journal.
Each House shall also keep a Record of its
proceedings.
Journals
US v. Pons, 34 Phil 729
Enrolled Bill theory
Mabanag v. Lopez Vito, 78 Phil 1
CASCO v. Gimenez, 7 SCRA 347
Tolentino v. Sec. , 235 SCRA 630
PJA V. Prado, 227 SCRA 703
Astorga v. Villegas, 56 SCRA 714
(5) Neither House during the sessions of the
Congress shall, without the consent of the
other, adjourn for more than three days, nor
to any other place than that in which the
two Houses shall be sitting.
Recess, Adjournments
SEC. 17.
The Senate and the House of
Representatives shall each have an
Electoral Tribunal which shall be the sole
judge of all contests relating to the election,
returns, and qualifications of their
respective Members. Each Electoral
Tribunal shall be composed of nine
Members, three of whom shall be Justices of
the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be
Members of the Senate or the House of
Representatives, as the case may be, who
shall be chosen on the basis of proportional
representation from the political parties and
the parties or organizations registered
under the party-list system represented
12
therein. The senior Justice in the Electoral Tribunal
shall be it Chairman.
Electoral Tribunals
Angara v. Electoral Commission, 63 Phil 13
Tanada v. Cuenco, 100 Phil 1101
Suanes v. Disbursing Officer, 10/26/48
Abbas v. SET, 166 SCRA 651
Lazatin v. COMELEC, 157 SCRA 337 [1988]
Lazatin v. HRET, 168 SCRA 391[1988]
Bondoc v. Pineda, 201 SCRA 792
Lerias v. HRET, 10/15/91
Sanchez v. COMELEC, 153 SCRA 67 [1987]
Chavez v. COMELEC, 7/3/92
Arroyo v. HRET, 7/14/95
Even if proclaimed and has assumed office, if the
validity of the proclamation is still within the
jurisdiction of the COMELEC, the HRET cannot
assume jurisdiction. Codilla v. De Venecia, GR
No. 150605, 12/10/02
SEC. 18.
There shall be a Commission on Appointments
consisting of the President of the Senate, as ex
officio Chairman, twelve Senators, and twelve
Members of the House of Representatives, elected
by each House on the basis of proportional
representation from the political parties 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.
Proportional representation
Daza v. Singson, 180 SCRA 496 [1989]
Guingona v. Gonzales, 10/20/92 & 3/1/93
SEC. 19.
The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days
after the Senate and the House of Representatives
shall have been organized with the election of the
President and the Speaker. The Commission on
Appointments shall meet only while the Congress is
in session, at the call of its Chairman or a
majority of all its Members, to discharge
such powers and functions as are herein
conferred upon it.
Constitution of The Electoral Tribunals and
the Commission on Appointments
SEC. 20.
The records and books of accounts of the
Congress shall be preserved and be open to
the public in accordance with law, and such
books shall be audited by the Commission
on Audit which shall publish annually an
itemized list of amounts paid to and
expenses incurred for each Member.
The records and books of accounts of the
Congress
SEC. 21.
The Senate or the House of Representatives
or any of its respective committees may
conduct inquiries in aid of legislation in
accordance with its duly published rules of
procedure. The rights of persons appearing
in or affected by such inquiries shall be
respected.
Power of contempt inheres in the conduct
legislative inquiries; Arnault v. Nazareno,
87 PHIL 29; Senate is a continuing body,
and may order the detention of a
contumacious witness indefinitely (subject
to due process clause). Arnault v.
Balagtas, 97 PHIL 358 [1955]
But cannot be exercised if it is not in aid of
legislation-where there is no pending
legislative agenda. Bengzon v. SENATE
Blue Ribbon Committee, 203 SCRA 767
SENATE OF THE PHIL. et al., vs.
ERMITA, GR No. G.R. No. 169777, April
20, 2006- constitutionality of EO 464
13
The rules of procedure must be published by the
senate of each congress. NERI V. SENATE
COMMITTEE ON ACCOUNTABILITY OF
PUBLIC OFFICERS AND INVESTIGATIONS
G.R. NO. 180643, MARCH 25, 2008, 549 SCRA
77, 135-136
GUTIERREZ V. THE HOUSE OF
COMMITTEE ON JUSTICE,
Prior publication of rules of procedure is essential
to validity of the investigation- GARCILLANO vs.
THE HOUSE OF REPRESENTATIVES, G.R.
No. 170338, December 23, 2008.
Local legislative bodies do not have the inherent
power- Negros Oriental II Electric Coop vs. SP,
155 SCRA 421 [1987]
SEC. 22.
The heads of departments may upon their own
initiative, with the consent of the President, or upon
the request of either House, as the rules of each
House shall provide, appear before and be heard by
such House on any matter pertaining to their
departments. 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.
appearance of the heads of departments
SEC. 23.
(1) The Congress, by a vote of two-thirds of both
Houses in joint session assembled, voting
separately, shall have the sole power to declare the
existence of a state of war.
declaration of the existence of war – 2/3 vote of
both Houses in joint session assembled, voting
separately

(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.
 Emergency powers coterminous with
the existence of emergency (Araneta
v. Dinglasan, 84 Phil 369)
 And may be withdrawn by Congress
by mere resolution (Rodriguez v.
Gella, 92 Phil. 603
 The president may declare a state of
emergency but cannot exercise
emergency powers without
authorization from Congress. (David
vs. ARROYO, GR No. 171396 (PP
1017, 1021) National Emergency)
SEC. 24.
All appropriation, revenue or tariff bills,
bills authorizing increase of public debt,
bills of local application, and private bills
shall originate exclusively in the House of
Representatives, but the Senate may propose
or concur with amendments.
Meaning of “shall originate exclusively in
the House of Representatives”
Tolentino v. Sec., 235 SCRA 630
Tolentino v. Sec., 249 SCRA 628 (EVAT)
Section 25.
(1) The Congress may not increase the
appropriations recommended by the
President for the operation of the
Government as specified in the budget. The
14
form, content, and manner of preparation of the
budget shall be prescribed by law.
(2) 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.
No riders in an appropriation bill
Garcia v. Mata, 65 SCRA 517
(3)The procedure in approving appropriations for
the Congress shall strictly follow the procedure for
approving appropriations for other departments or
agencies.
(4) 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.
(5) 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 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.
No transfer of funds; possible only if within the
department
Demetria v. Alba, 148 SCRA 208
(6) 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.
(7) 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.
Section 26. (formal requirements of bills)
(1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title thereof.
Title of Bills- Sec. 26 (1)
Lidasan v. COMELEC, 21 SCRA 496
Tio v. VRB, 151 SCRA 208 [1987]
(2) 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.
Tolentino V. Sec. , 235 SCRA 630
Section 27.
(1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the
President. If he approves the same, he shall
sign it; otherwise, he shall veto it and return
the same with his objections to the House
where it originated, which shall enter the
objections at large in its Journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to pass
the bill, it shall be sent, together with the
objections, to the other House by which it
shall likewise be reconsidered, and if
15
approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the
votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or
against shall be entered in its Journal. The
President shall communicate his veto of any bill to
the House where it originated within thirty days
after the day of receipt thereof; otherwise, it shall
become a law as if he had signed it.
(2) The President shall have the power to veto any
particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
the item or items to which he does not object.
A. Give the Three(3) ways by which a bill may
become a law?
B. Define:
Veto, Veto Message
Cases:
Bolinao Electronics v. Valencia 11 SCRA 486
Gonzales v. Macaraig, 191 SCRA 452
Com. Of Internal Revenue V. CTA, 5/14/90
PHILCONSA V. Enriquez, 8/19/94
LEGISLATIVE VETO- power of joint congressional
oversight committee to approve executive
implementing rules, void. ABAKADA GURO
PARTY LIST vs. HON. CESAR V. PURISIMA-
Section 28.
(1) The rule of taxation shall be uniform and
equitable. The Congress shall evolve a progressive
system of taxation.
Uniformity
Garcia v. Exec. Sec, 211 SCRA 219
PEPSI v. City of Butuan, 24 SCRA 789
Sison, Jr. v. Ancheta 215 Phil. 582 (1984)
Progressive system
Tolentino v. Sec. , 10/30/95
(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.
(3) Charitable institutions, churches and
parsonages or covenants 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.
– exemption from property tax only- Lladoc
v. CIR, 14 SCRa 292 ; and there must be
proof of actual use. ABRA V. Hernando,
107 SCRA 104
(4) No law granting any tax exemption
shall be passed without the concurrence of
a majority of all the Members of the
Congress.
Section 29. (1) No money shall be paid
out of the Treasury except in pursuance of
an appropriation made by law.
Implicit: Public Purpose
Pascual v. Sec. , 110 PHIL 331
Public funds may be disbursed only by law-
Guingona v. Carague, 4/22/91
Alba v. Perez, 9/24/87
(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 when such priest, preacher, minister,
or dignitary is assigned to the armed forces,
or to any penal institution, or government
orphanage or leprosarium.
16
Non sectarian purposes
Aglipay v. Ruiz, supra
(3) 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.
Meaning of Special Fund
Osmena v. Orbos, 3/31/93
Section 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
concurrence.
Section 27 of R.A. No. 6770 (Ombudsman Act of
1989), providing appeals in administrative
disciplinary cases from the Office of the
Ombudsman provides an appeal to the Supreme
Court, void. Fabian v. Desierto. G.R No. 129742,
September 16, 1998,
Section 31. No law granting a title of royalty or
nobility shall be enacted.
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.
A. Kinds of INITIATIVES-
initiative on national legislations (sec. 32)
initiative on local legislations (sec. 32)
initiative on constitutional amendments (see
Sec. 2 Art. XVII)
B. RA 6735 (Initiative and Referendum
Law)
Initiative can cover local
“resolutions”Garcia v. Comelec, 237
SCRA 279; SUBIC BAY v. Comelec,
9/26/96
OTHER POWERS OF CONGRESS
as Presidential Board of Canvassers (Art.
VII, Sec.4)
Power of Confirmation to:
- the nominee of the President among
members of Congress in case of
vacancy in the office of the Vice
President (Art. VII, Sec. 9)
- the nomination of the President
requiring confirmation by the
Commission on Appointment (Art.
VII, Sec. 16, first sentence)
Power to judge fitness of the President (Art.
VII, Sec. 11)
Power to revoke or extend suspension of the
privilege of the writ of habeas corpus or
declaration of Martial law. (Art. VII, Sec.
18)
Power to declare existence of war by 2/3
vote, voting separately (Art. VI Sec. 23 (1))
Power of concurrence-
-by majority vote of all members in
presidential amnesties (Art. VII, Sec. 19)
-by 2/3 vote by all members of the
senate in treaties and international
agreements. (Art. VII, Sec. 21.
Power of impeachment (Art. XI, Sec. 2)
Power to propose amendments or revision to
the Constitution (Secs. 1 & 2, Art. XVII,
Constitution)
17
ARTICLE VII
Executive Department
Section 1. The executive power shall be vested in
the President of the Philippines.
Executive power
in general- He is the chief executive and no other-
Villena vs. Sec. Of Interior, 67 Phil 451 [1939]; all
executive authority is thus vested in him- Planas v.
Gil, 67Phil 62
executive power vs. legislative power – KMU et al
vs. DIRECTOR, NEDA et al., GR No. 167798,
April 19, 2006 – on constitutionality of unified ID
system of government agencies under EO 420
Power to reorganize-
ANAK MINDANAO PARTY-LIST GROUP vs.
THE EXECUTIVE SECRETARY, G.R. No.
166052, August 29, 2007.
Specific and Residual powers
Marcos v. Manglapus, 177 SCRA 668 [1989];
Marcos v. Manglapus, 178 SCRA 760 [1989] ; but
not in disposition of national assets-Laurel v.
Garcia, 187 SCRA 797
Power to declare state of rebellion-
SANLAKAS vs. EXECUTIVE
SECRETARY, G.R. No. 159085,
February 3, 2004
Head of State
 Immuned from suit during their tenure-In
re: Bermudez, 145 SCRA 160 (1986); BUT
may waive it-Soliven v. Makasiar, 167
SCRA 393 [1988], BUT a suit against the
subordinates of the President to question the
acts of the latter does not violate presidential
immunity. (GLORIA vs. CA, 338 SCRA 5)

 EXECUTIVE PRIVILEGE vs.
legislative inquiry (EO 464)
SENATE et al., vs. ERMITA, GR
No. G.R. No. 169777, April 20,
2006. In diplomatic exchanges
-AKBAYAN et al., vs. Thomas
Aquino, GR 170516, 7/16/08
 Power to negotiate for peace-THE
PROVINCE OF NORTH
COTABATO vs. THE
GOVERNMENT OF THE
REPUBLIC OF THE
PHILIPPINES PEACE PANEL
ON ANCESTRAL DOMAIN
(GRP), G.R. No. 183591, October
14, 2008.
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.
Qualifications, term and manner of election
of the President and Vice President. The
Vice President may or may not be appointed
as a member of the cabinet.
18
TECSON vs. COMELEC, G.R. No. 161434,
March 3, 2004 & other cases.
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 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
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 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.
 The President is entitled to only one
term. Any person who succeeds the
presidency and served more than FOUR
years can no longer run for the
presidency.
 In case of tie, the tie shall be broken by a
vote of MAJORITY OF ALL members
of Congress voting SEPARATELY.
 Congress acts as board of canvassers;
cannot be usurped by Comelec by
conducting a quickcount-
BRILLANTES, JR. vs. COMELEC,
G.R. No. 163193, June 15, 2004.
 Supreme Court as the Presidential
Electoral Tribunal- constitutional?
(MACALINTAL vs. PET, 635 SCRA
783[2010])
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.)
19
The oath is not a source of power, but a solemn
oath of the President’s (VP’s) to emphasize the
extent of his responsibility.
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.
The prohibition is against decrease in salaries
DURING THE TENURE. What about increase?
It is allowed, but to take effect after the
expiration of the term of the incumbent when the
increase was approved (by Congress of course!).
There is likewise prohibition against receiving
other emolument from the Government OR ANY
OTHER SOURCE.
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
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 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.
Vacancy occurring at the start of the term of
the President.
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.
Vacancy occuring during the term,
In case of death, permanent disability,
removal or resignation of the President,
the Vice President BECOMES the
President.
ESTRADA vs. GMA, GR 146710-15
March 2, 2001 (on resignation)
Vacancy in BOTH the office of Pres. & VP
on the foregoing grounds
20
Senate President (in case of his inability, the
House Speaker) ACTS as President until the
President or VP shall have been elected and
qualified. Congress shall pass a law designating
who shall act as president in case of death,
permanent disability, removal or resignation of the
acting president.
Section 9. Whenever there is a vacancy in the
Office of the Vice-President during the term for
which he was elected, the President shall nominate
a Vice-President from among the Members of the
Senate and the House of Representatives who shall
assume office upon confirmation of a majority vote
of all the Members of both Houses of the Congress,
voting separately.
In case the vacancy is in the office of the Vice
President ALONE, it may be filled up by the
President by nominating a member of Congress
who shall be confirmed by MAJORITY VOTE
of ALL members of Congress, both houses
voting separately.
Section 10. The Congress shall, at ten o'clock in
the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs,
convene in accordance with its rules without need
of a call and within seven days enact a law calling
for a special election to elect a President and a
Vice-President to be held not earlier than forty-five
days nor later than sixty days from the time of such
call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress.
Appropriations for the special elections 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.
Vacancy in both office of the Pres. And VP (Sec.
10) Congress shall enact a law calling for special
election. No special election if vacancy is
within 18 months of coming presidential
election.
Section 11. Whenever the President
transmits to the President of the Senate and
the Speaker of the House of Representatives
his written declaration that he is unable to
discharge the powers and duties of his office
and until he transmits to them a written
declaration to the contrary, such powers
and duties shall be discharged by the Vice-
President as Acting President.
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
21
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.
In case of Presidential disability under Sec. 11 &
12, when there is a written declaration (transmitted
to Senate Pres./House speaker) by the President of
his inability to discharge his powers, VP acts as
President. In a written declaration (transmitted to
Senate Pres./house speaker) by majority of the
cabinet, VP acts as President.
But if the President makes a written declaration
that no inability exists, he reassumes his powers;
BUT in case, majority of the cabinet transmit
within 5 days to Senate Pres./House Speaker that
the President is unable to discharge the powers and
duties of the office, CONGRESS shall decide the
issue by 2/3 vote of both houses voting separately.
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, include ng 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.
President/VP/Cabinet Members/deputies &
assistants
 during tenure, cannot hold ANY
OTHER OFFICE OR
EMPLOYMENT (except as may be
provided by the Constitution)
 CIVIL LIBERTIES UNION V.
EXEC. SECRETARY, 194 SCRA
317(declaring E.O. 284 as
unconstitutional)
 (See Sec. 7 par. (2), Art. IX-B of the
Constitution)
Section 14. Appointments extended by an
Acting President shall remain effective,
unless revoked by the elected President
within ninety days from his assumption or
reassumption 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 department, 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
22
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 involuntary, but such
appointments shall be effective only until after
disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
APPOINTING POWER
 Sec. 14-An ACTING President may make
appointments, but may be revoked by the
President-elect within 90 days from
assumption or re-assumption of office.
 Sec. 15- TWO MONTHS before
presidential elections, the President cannot
exercise the power to appoint EXCEPT
temporary appointments to executive
positions when public service or safety
demands it.
 The requirement that vacancy in the
judiciary must be filled up within 90 days
pursuant to Sec. 4 and 9 of Article VIII
yields to the present provision. Section 15
is directed against two(2) types of
appointments: 1) those made for buying
votes; 2) those made for partisan
considerations. In re: Hon. Mateo A.
Valenzuela and Hon. Placido B. Villarta,
298 SCRA 408.
Nature- essentially executive (Govt. V. Springer, 50
Phil259),
BUT the constitution allows the legislative,
judiciary, including the constitutional commissions
to exercise the power over their respective
personnel.
 Congress cannot usurp the power. (Manalang
v. Quitoriano, 94 Phil 903 [1954])

 power to appoint includes the power to
choose only among those who possess
the qualifications provided by law
(Oliveros-Torre v. Bayot, 58 SCRA
274 [1974])
SCOPE- Sec. 16
President is authorized to appoint
1) Heads of executive depts.
Head of a bureau not subject to
confirmation by CA (Sarmiento v.
Mison, 156 SCRA 549
2) Ambassadors, other public ministers
and consuls
3) Officers of the AFP from rank of
colonel or naval captain
4) Officers whose appointment is vested
in the President in the Constitution.
Deles v. CA, 9/4/89
5) all other officers of the government
whose appointment is not provided by
law. Bautista v. CA, 4/13/89; Nieve v.
CFI, 54 SCRA 165 [1973])
6) those whom he may be authorized by
law to appoint
7) The Constitution allows Congress, by
law, to vest appointment of "officers
lower in rank"-in the President alone,
courts, heads of depts., agencies,
commissions or boards. RUFINO et
al., v. ENDRIGA et al., 7/21/06
NOTES:
 First sentence of Sec. 16 requires
the confirmation of the Commission
on Appointments
 ad interim from regular
 Is ad interim appointment a
temporary appointment? No, it’s
permanent.. Read: MATIBAG vs.
BENIPAYO et al., [G.R. No.
149036. April 2, 2002])
 The requirement of recommendation
by subordinate officer does not
diminish the power of the President,
he may not be bound by such
requirement- Bermudez v. Torres, 311
SCRA 733, 741
 Permanent vs. Temporary APPOINTMENT
 Acting capacity appointment even if
Congress is in session valid- PIMENTEL,
JR., et al. vs. EXEC. SECRETARY, G.R.
No. 164978, October 13, 2005.
 appointment vs. designation (Binamira v.
Garrucho, 188 SCRA 154)
Removal power (implied in the power to appoint)
 for cabinet members and other officials
serving at the pleasure of the president,
there is no removal but expiration of their
term
 with respect to other officials, removal must
be in accordance with the Constitution, law
Larin vs. Executive Secretary 280 SCRA 713.- a
presidential appointee who belongs to the career
service of the Civil Service, comes under the direct
disciplining authority of the President.
Section 17. The President shall control of all the
executive departments, bureaus and offices. He
shall ensure that the laws be faithfully executed.
CONTROL POWER-" the power of an officer to
alter or modify or nullify or set aside what a
subordinate officer had done in the performance
of his duties and to substitute the judgement of the
former for that of the latter."(Mondano v.
Silvosa, 97 Phil 143 [1955] )
the power merely applies to the exercise of control over
the acts of the subordinate and not over the actor or
agent himself of the act. Disciplinary power flows
from the power of appointment not from power of
control (Ang-angco v. Castillo, 9 SCRA 619
[1963])
“control" and "supervision"- distinguished
(Drilon v. Lim, 235 SCRA 135
even if it was the department secretary who was
authorized by law, the President may directly
23
 exercise the authority. Araneta v.
Gatmaitan, 101 Phil 328
"Control" over officers of govt. Owned or
controlled corporation-by statute
(Namarco v. Arca, 29 SCRA 648 [1969])
Qualified Political Agency- defined (Villena
v. Sec.,67 Phil 451)
 The executive secretary acting "by
authority" of the President, may
reverse a decision of another
department secretary (Lacson-
Magallanes v. Pano, 21 SCRA 895
[1967. OR he may even reverse or
modify the construction of a statute
given by the secretary of justice.
(Maceda v. Macaraig, Jr. 197 SCRA
771[1991]; Even an ASST.
EXECUTIVE SECRETARY acting for
the President, may reverse the decision
of the Secretary of Agriculture and
Resources (Roque v. Director of
Lands, 7/1/76)-
 Under this doctrine, a director of the
NBI cannot ignore or defy the order of
the Department of Justice, (De Leon
v. Carpio, 10/12/89). Neither can a
fiscal add to the number of accused
directed by the Secretary of Justice to
be prosecuted. Noblejas v. Salas, 67
SCRA 47;A fiscal is duty bound to
withdraw an information when ordered
to do so under PD 916; Jacob v. Pano,
131 SCRA 144
FAITHFUL EXECUTION CLAUSE
Exercise of executive power as
distinguished from exercise of legislative
power – KMU et al vs. DIRECTOR,
NEDA et al.,
GR No. 167798, April 19, 2006 – on
constitutionality of unified ID system under
EO 420
24
How does it reconcile with “executive
impoundment.”(PHILCONSA vs. Enriquez, 235
SCRA 506)
Section 18. The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from the
proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the
President shall submit a report in person or in
writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its
Members in regular or special session, may revoke
such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the
same manner, extend such proclamation or
suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist
and public safety requires it.
The Congress, if not in session, shall, within
twenty-four hours following such proclamation or
suspension, convene in accordance with its rules
without 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 the 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.
Military Power- COMMANDER IN CHIEF
 Significance power - to create court
martials to discipline members of the
military and military commissions to
try war criminals and other
offenders. In Aquino v. Military
Commission No. 2, 63 SCRA 546,
the Supreme Court upheld the
power of the President to create
military commission to try civilians
even if the civil courts are open;
BUT the same was reversed in
Olaguer v. Military Commission
No. 34, 150 SCRA 144, following
the "OPEN COURT THEORY"
 a soldier may be restrained by a
superior officer from speaking out
on certain matters.Kapunan, Jr. v.
De Villa, 168 SCRA 264 [1988];
 a military officer cannot disobey his
superior and commander in chief
and testify before a legislative
inquiry- GUDANI v. SENGA,
8/15/06
CALLING OUT POWER - to prevent or
suppress lawless violence, invasion or
rebellion- (most benign compared to
suspension of the privilege and martial law)
 May this power subject to judicial
review? IBP vs. Zamora, 338
SCRA 81
25
 Sanlakas v. Executive Secretary, G.R. No.
159085, February 3, 2004, 421 SCRA 656,
wherein this Court sustained President
Arroyo's declaration of a "state of rebellion"
pursuant to her calling-out power. BUT a
proclamation of “state of emergency”does
not grant additional power to the President.
DAVID vs. ARROYO, GR No. 171396 (PP
1017, 1021) National Emergency
SUSPENSION OF THE PRIVILEGE OF THE
WRIT OF HABEAS CORPUS
 Meaning-extent
 Writ of habeas corpus distinguished from
WRIT OF AMPARO and WRIT OF
HABEAS DATA
 Is the Suspension of the Privilege of the Writ
of Habeas Corpus and Declaration of
Martial law POLITICAL QUESTION? Sec.
18 has modified the ruling in Montenegro
v. Castaneda, 91 PHIL 882; Barcelon v.
Baker, 5 Phil 87 ; Lansang v. Garcia, 42
SCRA 448 ; Garcia Padilla v. Enrile, 121
SCRA 472
MARTIAL LAW- read: Aquino v. Enrile, 59 SCRA
183
Limitations on the military power: SECTION 18
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.
Clemency powers: Pardon/ Amnesty
Pardon, Commutation, Reprieve defined.
A. Limitations on pardon
 cannot be granted in case of impeachment;
 violation of election law, rule or regulation
shall be with recommendation of
COMELEC,
  after final conviction-
The scope of pardoning power of the
President extends even to administrative
cases. (Llamas v. Orbos, 10/15/91)
B. Kinds of Pardon:
a.conditional or absolute
 mere commission, not
necessarily conviction, of an
offense, a violation of the
condition (Torres v. Gonzales,
152 SCRA 272 [1987];
Espuelas v. Prov. Warden,
108 PHIL 353;
 The determination of the
violation of the conditional
pardon rests exclusively in the
sound judgment of the Chief
Executive. In re: Wilfredo
Sumulong Torres, 251 SCRA
709. SAME RULING FINDS
APPLICATION IN CASE OF
PAROLE (Tesoro v. Director
of Prisons, 68 PHIL 154
[1939];
b. partial or plenary
A. Effects of Pardon-
 Restores political and civil rights
(Pelobello v. Palatino, 72 PHIL
44;
 But not to reinstatement to public
office, although the pardonee may
re-apply for said position
(Monsanto v. Factoran 170
SCRA 190);
 but if actually reinstated & no
circumstances would warrant
diminution of rank, justice and
equity dictated that he be given his
26
former rank of principal (Sabello v.
DECS, 12/26/89);
 and if the pardon was based on the
innocence of the pardonee, the pardon
extended on the administrative penalty
entitles him reinstatement with back
wages (Garcia v. COA, 9/14/93) ;remits
fines and forfeitures inuring to the
government, but not civil liability to
private persons.
No pardon when case pending appeal;
appeal must be withdrawn. (People v.
Salle, 12/4/95,
F. Distinctions of Parole and Pardon
 parole involves release from
imprisonment but not restoration of
liberty; in parole, the parolee is still in
the custody of the law
Amnesty- granted by the President with
concurrence of Congress AND admission of guilt is
now required (Vera v. People 7 SCRA 152)
Distinction between amnesty and pardon-
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.
CONSTANTINO, JR. vs. HON. JOSE B.
CUISIA G.R. No. 106064, October 13, 2005- the
power to contract loan may be delegated to a
cabinet secretary under the doctrine of qualified
political agency.

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.
On the validity of the VFA applying Section
21 of Art. VII in relation to Sec.25, Art.
XVIII. ( BAYAN vs. ZAMORA, G.R. No.
138570. October 10, 2000)
Section 22. The President shall submit to
the Congress within thirty days from the
opening of the 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.
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.
ARTICLE VIII
Judicial Department
Section 1. The judicial power shall be
vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch or instrumentality of the
Government.
27
What is Judicial Power? Vested in the judiciary “not
merely some specified or limited judicial power, but
the entirety or "all" of said power, except, only, so
much as the Constitution confers upon some other
agency.” Lopez v. Roxas, 17 SCRA 756,761
[1966].
BUT the power cannot be exercised where there is
no law authorizing its exercise.
 Channie Tan vs. Republic, 107 Phil., 632,
April 18, 1960, in which this Court ruled
that an action for judicial declaration of
citizenship was held not to be a justiciable
controversy, because there is no legislation
authorizing the institution of such
proceeding.
 Or to reverse the award of board of judges in
an oratorical contest (Felipe v. Leuterio, 91
Phil 482 [1952]);
 Or invalidate the “ranking of honor
students”. Santiago v. Bautista, 32 SCRA
188 [1970].
Justiciable questions
Sanidad v. COMELEC, 73 SCRA 333
Bondoc v. HRET 9/26/91
Meaning of Political questions
De Llana v. COMELEC, 92 SCRA 30
Arnault v. Balagtas, 97 Phil 358
PBA VS. COMELEC, 10/20/85
De Castro v. COMMITTEE, 9/10/85
Expanded power of the judiciary-Sec. 1 Art. VIII-
Marcos v. Manglapus, 177 SCRA 668 [1989] ;
Daza v. Singson, 180 SCRA 496 [1989]; Garcia v.
BOI, 11/9/90
POWER OF JUDICIAL REVIEW
1. POWER OF JUDICIAL REVIEW(judicial
inquiry)-meaning? Marbury vs. Madison,
1 Cranch 137 (1803)
2. What is "judicial supremacy"?
Angara v. Electoral Commission,
63 Phil 13
3. Art. VIII, Sec. 1, Constitution; see
also Art. VIII, Sec. 4(2); Implicit
under Sec. 5(2), Art. VIII, lower
courts may exercise the power of
judicial review (YNOT v. IAC, 148
SCRA 659
4. Functions of Judicial Review
a. Checking
b. Legitimating
c. Symbolic (SALONGA v.
PANO, 134 SCRA 438)
5. Requisites for its exercise? Dumlao
v. Comelec, 95 SCRA 392)
a. Actual case or controversy ripe
for adjudication
b. Question of Constitutionality
must be raised by the proper
party
c. Constitutional question must be
raised at the earliest opportunity
d. The decision of the
constitutional question must be
necessary to the determination of
the case itself
6. ACTUAL CASE OR
CONTROVERSY
a. TOLENTINO V. SEC. OF
FINANCE, 8/25/94
b. Where the question is premised
on the possibility that if Makati
is given a new corporate
existence, the terms of local
officials would start all over
again and they may run again,
there is no actual controversy to
speak of (Mariano v. Comelec,
242 SCRA 211)
28
c. It is not ripe for judicial review if
Comelec has not taken any action to
enforce Resolution No. 2722 which
prohibited newspapers from publishing
accounts or comment which manifestly
favor oppose any candidate or political
party of unduly or repeatedly referring
to or including the publication any
candidate or political party. (PPI v.
Comelec, 244 SCRA 272)
d. Only when congress fails to comply
with the directive of the Constitution on
proportional representation of political
parties can the party-list representatives
seek recourse to the Supreme Court
under its power of judicial review.
Pimentel v. HRET, GR No. 14189,
11/29/02
Mootness; but capable of repeating yet evading
review (David vs. ARROYO, GR No. 171396 (PP
1017, 1021) National Emergency)
5. PROPER PARTY- Standing
a. DAVID vs. ARROYO, GR No. 171396
(PP 1017, 1021) National Emergency;
b. Joya v. PCGG, 8/24/93; KILOSBAYAN
V. Guingona, Jr., 5/5/94 IBP vs. Zamora,
338 SCRA 81
c. Citizenship satisfies the requirement of
standing in the enforcement of public right
(Chavez v. PCGG, GR 130716 12/9/98
citing Legaspi v. CSC)
d. But if no constitutional issue is involved
and the petitioners are not parties to the
contract, they have no standing to bring the
petition. (Kilosbayan, Inc. v. Morato, 246
SCRA 540)
e. Taxpayer’s suits-
Pascual vs. Secretary, supra
Information Tech. Foundation of the
Phil., et al., vs. COMELEC et al., GR
No. 159139, Jan. 13, 2004
 cannot be invoked if the act
complained of does not involve
illegal disbursement of public
funds. (Anti-Graft League of the
Phil. Inc. v. San Juan, 260 SCRA
250);
It must involve the spending power
of Congress - GONZALES vs.
NARVASA, 337 SCRA 733
Taxpayers may file an action
questioning the contracts entered
into by the government on the
ground that they contract is in
contravention of the law. (Tatad v.
Garcia, 243 SCRA 436)
“A taxpayer must claim that first,
public funds are illegally disbursed,
second or that money is being
deflected to any improper purpose,
or third that there is a wastage of
public funds through the
enforcement of an invalid or
unconstitutional law.”
FRANCISCO vs. HOUSE OF
REPRESENTATIVES, GR
160261, Nov. 10, 2003.
f. May a taxpayer suit prosper other
than to question the disbursement
of public funds? YES. When the
suit is intended to compel a
government agency to comply with
constitutional duties: 1) the right of
citizens to information on matters of
public concern; 2) to prevent PEA
(govt. agency) from alienating lands
of the public domain in violation of
the constitution. Chavez vs. PEA,
AMARI, 170 SCAD 323, 7/9/02
g. EXCEPTIONS to the locus standi
requirement- CASES of
TRASCENDENTTAL
IMPORTANCE
29
 Issues involved (deregulation of the
downstream oil industry) are of
transcendental significance to the people,
the petition may be taken cognizance.
Tatad v. Sec. Of Dept. Of Energy,
11/5/97)
 (SolGen v. MDA, 12/11/91)
5. Raising the constitutional issue at the
EARLIEST OPPORTUNITY.-- “Earliest
opportunity” means raising the constitutional issue
at the time the petition is filed before the competent
body. (Matibag v. Benipayo, 380 SCRA 49) or at
the trial court.
6. EFFECTS OF DECLARATION OF
UNCONSTITUTIONALITY
1. Orthodox view- Springer v. Govt. Of the
Phil, 297 US 189
2. Modern View- Manila Motors Co. V. Flores,
99 Phil 738
Partial Unconstitutionality-
A partial unconstitutionality of a law may still
salvage the rest if the legislature is willing to retain
the valid part as such legislative intent is usually
shown by existence of a separability clause in the
law. Or the valid portions can stand independently.
(Bar Flunkers bill, In re Cunanan, 94 Phil 534;
Flores v. Comelec, 184 SCRA 484)
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.
Jurisdiction Distinguished from Judicial power
Mantruste systems , Inc. v. CA, 179 SCRA
[1989] ; Malaga v. Penachos, Jr. , 9/3/92
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.
What is the meaning of Fiscal Autonomy?
Bengzon v. Drilon, 208 SCRA 133
Section 4. (1) The Supreme Court shall
be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or, in
its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled
within ninety days from the occurrence
thereof.
(2) All cases involving the constitutionality
of a treaty, international or executive
agreement, 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.
30
-composition?
-cases decided En Banc?
-vote required?
A motion for reconsideration is a matter to be
resolved, the resolution thereof is not a decision that
should be brought before the SC en banc.
FORTICH vs. Corona, GR 131457, Aug. 19, 1999
Section 5. The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify , or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders
of lower courts in:
a) All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance,
or regulation is in question.
b) 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.
 judicial powers of SC?
 original jurisdiction?
 appellate jurisdiction?
(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.
What are the non-judicial powers of the
Supreme Court?
1. CHANGE OF VENUE
People v. Gutierrez, 36 SCRA 172
2. RULE MAKING POWER
 Echegaray v. Sec. Of Justice, 301
SCRA 96 (1999) on MR.
 Intermediate review of Death Penalty
cases- may be provided by the
Supreme Court- PEOPLE vs.
MATEO, GR 147678-87, July 7,
2004
Writ of Amparo – Sec. of National Defense
vs. MANALO, G.R. No. 180906, October
7, 2008
Writ of Habeas Data,
31
Section 60 of the CARP law provides appeal
from decision of the Special Agrarian Court by
petition for review. Is this an encroachment by
congress on the rule-making power of the
Supreme Court ? NO. Rules of procedure of
special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
The Supreme Court has not issued yet provided for
particular process governing Special Agrarian
Courts. Land Bank v. De Leon, GR No. 143275,
9/10/02
3. ADMISSION TO BAR
In re Cunanan, 94 Phil 534 [1954]
4. BAR INTEGRATION
IN RE : ATTY. EDILLON, 84 SCRA 554
(6)Appoint all officials and employees of the
judiciary in accordance with the Civil Service
Law.
Section 6. The Supreme Court shall have the
administrative supervision over all courts and the
personnel thereof.
Administrative supervision over judges and court
personnel is the sole authority of the SC;
ombudsman has no power to investigate. (SC power
of supervision and Independence of the Judiciary-
Sanz Maceda v. Vasquez, 221 SCRA 464;
Carriedo v. Ombudsman, 12/24/96
Section 7.
(1) No person shall be appointed Member of the
Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty
years of age and, must have been for fifteen years
or more a judge of a lower court or engaged in the
practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications
of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a
person of proven competence, integrity,
probity, and independence.
Qualifications of a justice of the Supreme
Court? What about a judge under the law?
Section 8.
(1) A Judicial and Bar Council is
hereby created under the supervision of the
Supreme Court composed of the Chief
Justice as ex officio Chairman, the
Secretary of Justice, and a representative of
the Congress as ex officio Members, a
representative of the Integrated Bar, a
professor of law, a retired Member of the
Supreme Court, and a representative of the
private sector.
(2) The regular Members of the
Council shall be appointed by the President
for a term of four years with the consent of
the Commission on Appointments. Of the
Members first appointed, the representative
of the Integrated Bar shall serve for four
years, the professor of law for three years,
the retired Justice for two years, and the
representative of the private sector for one
year.
(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.
32
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.
Are the salaries of justices and judges exempt from
tax? Nitafan v. CIR, 152 SCRA 284
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.
Security of Tenure
De Llana v. Alba, 82 SCRA 30 [1982]
But see, 2nd par of Sec. 2
Disciplinary power
Only when the penalty is dismissal that the court
must decide en banc. (People v. Gacott, 246
SCRA 52)
Section 12. The Members of the Supreme Court
and of other courts established by law shall not be
designated to any agency performing quasi-judicial
or administrative functions.
Garcia v. Macaraig, supra
A judge should not accept the designation as
member of a committee performing
 administrative functions. (In re Judge
Manzano, 166 SCRA 246 [1988]
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.
The absence of certification does not
invalidate the decision. (Consing v. CA.,
8/29/89)
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.
SOME REASONS FOR THE
REQUIREMENT:
1. assure the parties
that the judge studied the case;
2. to give the losing
party opportunity to analyze the
decision and possibly appeal or,
alternatively, convince the losing party
to accept the decision in good grace;
3. to enrich the body
of the case law, especially if the
decision is from the Supreme Court.
(Francisco v. Permskul, 5/12/89)
Decisions of the Court
Talabon v. Warden, 44 OG 4326
33
Bernabe v. Geraldez, 51 SCRA 369
Air France v. Carrascoso, 18 SCA 155 [1956]
No compliance
 VELARDE vs. SOCIAL JUSTICE
SOCIETY, G.R. No. 159357, April 28,
2004
 no findings of facts and simply contained
the conclusion that the prosecution had
established the guilt of the accused beyond
reasonable doubt and the prosecution
witnesses are more credible, the decision is
defective. (People v. Viernes, 262 SCRA
641)
 The decision is defective if after
summarizing the testimonies of the
complainant and the accused and then ruled
that the story of the complainant is more
credible as it did not contain an evaluation
of the evidence and a discussion of the legal
questions involved. It did not explain why
the testimony of the complainant was
credible. People v. Bugarin, 273 SCRA
384
People vs. FERRER, 406 SCRA 658 [July 2003]
Sufficient compliance
The decision (one for conviction for murder) is
valid even if the discussion of the evidence was
made without citing any jurisprudence as it is
implicit in the discussion of the evidence that the
discussion is made within the context of the law.
(People v. Macoy, 275 SCRA 1)
Minute resolutions
 Mendoza v. CFI, 65 SCRA 96
 Minute resolutions need not be signed nor
do they require certification of the Chief
Justice. (Borromeo v. CA, 186 SCRA 1)
 Prudential Bank v. Castro 158 SCRA 646
 When the Court of Appeals issued a
resolution refusing to give due course to a
petition for review from a decision of the
Securities and Exchange Commission, in
effect it adopted the factual findings of the
 Securities and Exchange
Commission and thus complied with
the constitutional requirement. (JRB
Realty, Inc. vs. CA, 271 SCRA 229)
REQUIREMENT DOES NOT APPLY TO:
Comelec- Ruiz v. Comelec, 3/11/93; or
Military Commission- Buscayno v. Enrile,
102 SCRA 7; or to Civil Service
Commission- Dadubo v. CSC, 223 SCRA
747
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.
Periods of Decisions
Marcelino v. Cruz, 121 SCRA 51
Transitory provisions - Sec. 12, 13, 14
(2) A case or matter shall be deemed
submitted for decision or resolution upon
the filing of the last pleading, brief, or
memorandum required by the Rules of Court
or by the court itself.
(3) Upon the expiration of the
corresponding period, a certification to this
effect signed by the Chief Justice or the
presiding judge shall forthwith be issued
and a copy thereof attached to the record of
the case or matter, and served upon the
parties. The certification shall state why a
decision or resolution has not been rendered
or issued within said period.
(4) Despite the expiration of the applicable
mandatory period, the court, without
prejudice to such responsibility as may have
been incurred in consequence thereof, shall
decide or resolve the case or matter
submitted thereto for determination, without
further delay.
34
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
CONSTITUTIONAL COMMISSIONS
ARTICLE IX
A. Common Provisions
Section 1. The Constitutional Commissions,
which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the
Commission on Audit.
Section 2. No Member of a Constitutional
Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in
the practice of any profession or in the active
management or control of any business which in
any way be affected by the functions of his office,
nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise
or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporation or their subsidiaries.
Section 3. The salary of the Chairman and the
Commissioners shall be fixed by law and shall not
be decreased during their tenure.
Section 4. The Constitutional Commissions shall
appoint their officials and employees in accordance
with law.
Section 5. The Commission shall enjoy fiscal
autonomy. Their approved annual appropriations
shall be automatically and regularly released.
Section 6. Each Commission en banc may
promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such
rules, however, shall not diminish, increase,
or modify substantive rights.
Section 7. Each Commission shall decide
by a majority vote of all its Members any
case or matter brought before it within sixty
days from the date of its submission for
decision or resolution. A case or matter is
deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by this
Constitution or by law, any decision, order,
or ruling of each Commission may be
brought to the Supreme Court on certiorari
by the aggrieved party within thirty days
from receipt of a copy thereof.
Decisions
 Under the phrase: “unless otherwise
provided by this Constitution or
law,” the Supreme Court
promulgated SC Revised Circular
No. 1-91 providing decisions of CSC
reviewable by the CA via Petition for
Review under Rule 43.
 EN BANC, Majority of ALL
members; not only those voting and
participating - Estrella v. Comelec,
429 SCRA 789 (2004)
 Decision of the COMELEC may be
elevated to the SC under Rule 64 or
65. Macabago v. Comelec, GR No.
152163, 11/18/02
Section 8. Each Commission shall
perform such other functions as may be
provided by law.
B. The Civil Service Commission
Section 1. (1) The Civil Service shall be
administered by the Civil Service
Commission composed of a Chairman and
two Commissioners who shall be natural-
35
born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age,
with proven capacity for public administration, and
must not have been candidates for any elective
position in the elections immediately preceding
their appointment.
(2) The Chairman and the Commissioners
shall be appointed by the President with the consent
of the Commission on Appointments for a term of
seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, a Commissioner for five years, and another
Commissioner for three years, without
reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In
no case shall any member be appointed or
designated in a temporary or acting capacity.
Section 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities, and
agencies of the Government, including government-
owned or controlled corporations with original
charters.
(2) Appointments in the civil service shall be
made only according to merit and fitness to be
determined, as far as practicable, and, except to
positions which are policy-determining, primarily
confidential, or highly technical, by competitive
examination.
Scope
Including GOCCs with original charters
Appointments to civil service- only according to
merit and fitness thru competitive examinations
EXCEPT: policy-determining, primarily
confidential, or highly technical
Non competitive positions-
1). policy determining- duty to formulate method
of action for the govt or any of its subdivisions.
2). Primarily confidential- denotes not only
confidence in the aptitude of the appointee for the
duties of the office but primarily close intimacy
which insures freedom of intercourse without
embarrassment or freedom from misgivings
or betrayals of personal trust on confidential
matters of state.
Delos Santos v. Mallare, 87 Phil 287
[1950]
Salazar v. Mathay, 9/30/76
Borres v. CA, 153 SCRA 120 [1987]
Laurel v. CSC, 10/28/91
Cadiente v. Santos, 142 SCRA 280 [1986]
“proximity rule”-
Withal, where the position occupied is
remote from that of the appointing authority,
the element of trust between them is no
longer predominant. Grino v. CSC,   194
SCRA 548 (1991)
When may a position considered “primarily
confidential”-when declared –(asst.
secretary to the mayor (not primarily
confidential) Samson v. CA., 145 SCRA
654 [1986]
3). Highly technical- "to possess a
technical skill or training in the supreme or
superior degree
PD 807 classify positions- tenure purposes
Career or Non Career
Appointing authority bound by statutory
"next-in-rank-rule"-Santiago v. CSC,
10/27/89
Executive or legislative declaration of the
position as policy determining, primarily
confidential or highly technical, not
conclusive upon the courts. (PAGCOR v.
Rilloraza, 6/25/01)
Extent of CSC powers
-not allowed to disapprove appointment and
require another whom it believes to be more
qualified. Central Bank v. CSC, 4/10/89;
-neither can it change the permanent
36
appointment into a temporary one. Luego v. CSC,
143 SCRA 327
Extent of CSC powers
 not allowed to disapprove appointment and
require another whom it believes to be more
qualified. Central Bank v. CSC, 4/10/89;
 neither can it change the permanent
appointment into a temporary one. Luego v.
CSC, 143 SCRA 327
3) No officer or employee of the civil service shall
be removed or suspended except for cause provided
by law.
"for cause provided by law" covers both procedural
and substantive (Delos Santos v. Mallare, supra)
Non-competitive positions entitled to security of
tenure, except those involving primarily
confidential. (Hernandez v. Villegas, 14 SCRA
544 [1965]
"designation" of Manager for PTA (whose
appointment should be made by the President) made
by the Secretary of Tourism is not a valid
appointment, hence no security of tenure.
(Binamira v. Garrucho July 23, 1990)
ABOLITION OF OFFICE
-does not violate security of tenure if: Done in
Good Faith-Briones v. Osmena, 104 Phil 588(bad
faith) ;Dario v. Mison, 176 SCRA 84;
-Must not be for personal or political reasons and
not in violation of law (Roque v. Ericta, 53 SCRA
156 [1973])
-Sec. 35 of RA 6715 -declaring all positions of the
Commissioners and Labor Arbiters of the NLRC
unconstitutional- (Mayor v. Macaraig, 3/5/91)
 Demotion for lack of evidence and proper
notice violates security of tenure and due
process. Gen. Manager, PPA v.
Monserate, Gr No. 129616, 4/17/02
  Transfers without consent of the
appointed-not merely assigned- to a
particular station are not allowed.
CARINO vs. Executive Director,
GR 144493, 4/9/02;
 Even in re-assignment, if it is
indefinite, (lasting ten years), is
removal without just cause. Pastor v.
City of Pasig, GR No. 146873,
5/9/02
In Larin vs. Executive Secretary 280
SCRA 713. Being a presidential appointee,
he comes under the direct disciplining
authority of the President.
4) No officer or employee in the civil
service shall engage, directly or indirectly,
in any electioneering or partisan political
campaign.
Partisan Political Activity- Sec. 2(3)
Partisan Political Activity
-includes every form of solicitation of the
electors vote in favor of specific candidate.
(People v. De Venecia, 14 SCRA 864.
Includes contribution of money for election
purposes and distribution of handbills.
The prohibition notwithstanding, civil
service officers and employees are allowed
to vote, as well as express their views on
political issues, or mention the names of
certain candidates for public office whom
they support. [Quinto vs. Commission on
Elections, 613 SCRA 385(2010)]
Deemed resigned provisions
 Fariñas, et al. v. Executive Secretary,
et al.  G.R.   No.   147387,   December
10, 2003, 417 SCRA 503.
Incumbent Appointive Official.—Under
Section 13 of RA 9369, which reiterates
Section 66 of the Omnibus Election Code,
37
any person holding a public appointive office or
position, including active members of the Armed
Forces of the Philippines, and officers and
employees in government-owned or-controlled
corporations, shall be considered ipso facto resigned
from his office upon the filing of his certificate of
candidacy.
Incumbent Elected Official.—Upon the other hand,
pursuant to Section 14 of RA 9006 or the Fair
Election Act, which repealed Section 67 of the
Omnibus Election Code and rendered ineffective
Section 11 of R.A. 8436 insofar as it considered an
elected official as resigned only upon the start of the
campaign period corresponding to the positions for
which they are running, an elected official is not
deemed to have resigned from his office upon the
filing of his certificate of candidacy for the same or
any other elected office or position. In fine, an
elected official may run for another position without
forfeiting his seat. [on MR upheld in Quinto vs.
Commission on Elections, 613 SCRA 385(2010)]
-prohibition does not apply to department
secretaries. Santos v. Yatco, 106 Phil
(5) The right to self-organization shall not be
denied to government employees.
Self Organization; Art. III, Sec. 8
Art. IX -B Sec. 2(5); Art. XIII, Sec. 3;
Can form unions-but do not have the right to strike-
SSS v. CA, 7/28/89; including mass actions/leaves-
MPSTA v. Sec. 8/6/91 ;
(6) Temporary employees of the Government shall
be given such protection as may be provided by law.
-no security of tenure in temporary appointments
(Mendiola v. Tancinco, 52 SCRA 66; BUT may
not be removed to bust faculty union-PLM v. CSC,
241 SCRA 506
Section 3. The Civil Service Commission, as the
central personnel agency of the Government, shall
establish a career service and adopt
measures to promote morale, efficiency,
integrity, responsiveness, progressiveness,
and courtesy in the civil service. It shall
strengthen the merit and rewards system,
integrate all human resources development
programs for all levels and ranks, and
institutionalize a management climate
conducive to public accountability. It shall
submit to the President and the Congress an
annual report on its personnel programs.
Section 4. All public officers and
employees shall take an oath or affirmation
to uphold and defend this Constitution.
Section 5. The Congress shall provide for
the standardization of compensation of
government officials, including those in
government-owned or controlled
corporations with original charters, taking
into account the nature of the
responsibilities pertaining to, and the
qualifications required for their positions.
Section 6. No candidate who has lost in
any election shall, within one year after
such election, be appointed to any office in
the Government of any government-owned
or controlled corporations or in any of its
subsidiaries.
Section 7. No elective official shall be
eligible for appointment or designation in
any capacity to any public office or position
during his tenure.
Unless otherwise allowed by law or by the
primary functions of his position, no
appointive official shall hold any other
office or employment in the Government or
any subdivision, agency or instrumentality
thereof, including government-owned or
controlled corporations or their
subsidiaries.
FLORES V. DRILON / GORDON, 223
SCRA 568 [1993] 6/22/93
38
Section 8. No elective or appointive public
officer or employee shall receive additional, double,
or indirect compensation, unless specifically
authorized by law, nor accept without the consent of
the Congress, any present, emolument, office, or
title of any kind from any foreign government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.
If a retiree accepts another government
position, he may continue receiving pension
or gratuity but cannot credit his years of
service in his previous government service
to his present position for purposes of
computing his separation pay. (Santos v.
CA, 11/22/00)
1 The Commission on Elections
Section 1. (1) There shall be a Commission on
Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens
of the Philippines and, at the time of their
appointment, at least thirty-five years of age,
holders of a college degree, and must not have been
candidates for any elective position in the
immediately preceding elections. However, a
majority thereof, including the Chairman, shall be
Members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.
What constitutes practice of law? CAYETANO V.
MONSOD, 9/3/91
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, three Members shall hold office for
seven years, two Members for five years, and the
last Members for three years, without
reappointment. Appointment to a 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.
Composition, qualifications and
appointment of Comelec members?
Two conditions for workability of
Rotational system
(1) that the terms of the first three (3)
Commissioners should start on a common
date, and, (2) that any vacancy due to death,
resignation or disability before the
expiration of the term should only be filled
only for the unexpired balance of the term.
Gaminde vs. Commission on Audit, 347
SCRA 655(2000), citing Republic v.
Imperial, 96 Phil. 770 (1955)
Ban against designation or acting capacity
Brillantes v. Yorac, 192 SCRA 358
Ban against re-appointment
Nationalista party v. De Vera, 35 Phil 126
Republic v. Imperial, 96 Phil 770
Ban against designation or acting capacity
Brillantes v. Yorac, 192 SCRA 358
Ad interim appointments of Chairman and
commissioners of COMELEC not a
violation. A renewal of ad interim
appointments in case of by-pass by the
Commission on Appointment not a violation
of the Constitution. MATIBAG vs.
BENIPAYO, GR 149036, 4/2/02
Section 2. The Commission on Elections
shall exercise the following powers and
functions :
(1) Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
Independence and power to enforce
election laws
39
 RA 9189 (absentee voting law) authorizes
Congress to review COMELEC’s
implementing rules and regulations, valid?
ANSWER: It violates the constitutional
guaranty of independence of the
constitutional commissions. Macalintal
vs. Comelec et al., GR No. 157013, July
10, 2003.
 Including plebiscites-BUAC vs. Comelec,
G.R. No. 155855, January 26, 2004
Executive power lodged in the COMELEC.
essentially executive and administrative (Ututalan
v. Comelec, 15 SCRA 465 [1965]
Not only preventive power but also curative
-include the authority to exclude statistically
improbable returns (Lagumbay v. Comelec, 16
SCRA 175 [1966]).
-may rely on handwriting experts to prove falsity
of returns. (Usman v. Comelec, 42 SCRA 667
[1971].
-Pre-proclamation controversies are decided by
COMELEC under this provision.
By law (Sec. 5 of BP 52) Comelec may be granted
the power to declare failure of elections. “Failure
to elect” may also result from post election
terrorism, and such failure authorizes COMELEC
to call a special election- Sanchez v. Comelec,
6/19/82
LDP v. COMELEC, GR 161265, 2/24/04-
leadership of political party.
(2) Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all
contests involving elective municipal officials
decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by
trial courts of limited jurisdiction. Decisions, final
orders, or rulings of the Commission on election
contests involving elective municipal and
barangay offices shall be final, executory,
and not appealable.
Judicial powers of Comelec.
 When is a controversy considered a
“contest” ? Ans. - It becomes a
contest when there is a valid
proclamation.
 Before proclamation, who has
jurisdiction? Ans. - COMELEC
under its administrative and/or
quasi-judicial power.
Power of Contempt not available in the
exercise of administrative powers of
COMELEC. (Guevarra v. Comelec, 104
Phil 269)
Sec. 9 of RA 6679 providing for appeal
from MTC to the RTC on contests
involving elective municipal and barangay
officials is unconstitutional as it deprived
COMELEC its appellate jurisdiction.
(Flores v. Comelec, 184 SCRA 484)
The power of the COMELEC does not
include review of elections of
BARANGAY FEDERATIONS as its
power is limited to popular elections
(Taule v. Sec. Santos, 8/12/91)
JUDICIAL REVIEW OF COMELEC
DECISIONS
 By the SC only by way of Certiorari
(under rule 64 & 65)
 Decisions reviewable by the SC pertains
to the adjudicatory or quasi-judicial
power of Comelec and does not apply to
decisions on administrative matters
which may be questioned before the
ordinary courts.(Filipinas Engineering
v. Ferrer, 135 SCRA 25). THUS the
proper court to review a resolution of the
COMELEC in recognizing the lawful
40
election registrar is the regular courts of general
jurisdiction. (Garces v. CA, 259 SCRA 99)
 May the Supreme Court still review the
decisions of Comelec involving election
contests of elective municipal and barangay
officials. YES, only on questions of law
(Galido v. Comelec, 1/18/91; reiterated in
Rivera v. Comelec, 7/12/91)
(3) Decide, except those involving the right to
vote, all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
This deals with the exercise of quasi-judicial and
administrative authority of the COMELEC, except
the right to vote. (Pungutan v. Abubakar, 43
SCRA 1 [1972]
(4) deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest, peaceful,
and credible elections
(5) Register, after sufficient publication,
political parties, organizations, or coalitions which,
in addition to other requirements, must present their
platform or program of government; and accredit
citizen's arms of the Commission on Elections.
Religious denominations and sects shall not be
registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or which
are supported by any foreign government shall
likewise be refused registration.
Financial contributions from foreign governments
and their agencies to political parties,
organizations, coalitions, or candidates related to
elections constitute interference in national affairs,
and, when accepted, shall be an additional ground
for the cancellation of their registration with the
Commission, in addition to other penalties that may
be prescribed by law.
(6) File, upon a verified complaint, or on
its own initiative, petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate,
prosecute cases of violations of election
laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress
effective measures to minimize election
spending, including limitation of places
where propaganda materials shall be
posted, and to prevent and penalize all
forms of election frauds, offenses,
malpractices, and nuisance candidates.
Power to investigate and prosecute
violations of elections laws as part of its
executive power, COMELEC has exclusive
jurisdiction to investigate and prosecute
election offenses committed by PUBLIC
OFFICIALS in relation to their office.
(CORPUS V. TANODBAYAN, 149
SCRA 281 [1987]
Preliminary Investigation conducted by the
Provincial Election Supervisor involving
election offenses need not pass thru the
Provincial Fiscal (Prosecutor) before the
Court may take cognizance to determine
the existence of probable cause. (People v.
Judge Inting, 7/25/90) But may delegate
such power to the regular prosecutors
(PEOPLE V. BASILIA, 11-6-89)
Recommend to the President the removal
of any officer or employer it has deputized,
or the imposition of any other disciplinary
action, for violation or disregard of, or
disobedience to its directive, order, or
decision.
(9) Submit to the President and the
Congress a comprehensive report on the
conduct of each election, plebiscite,
initiative, referendum, or recall.
41
Section 3. The Commission on Elections may sit
en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite
disposition of election cases, including pre-
proclamation controversies. All such election cases
shall be heard and decided in division, provided
that motions for reconsideration of decisions shall
be decided en banc.
Initial jurisdiction on election cases, including pre-
proclamation case
 A petition to cancel the certificate of
candidacy of Garvida on the ground that she
would be more than 21 years of age on
election day cannot be acted upon by
COMELEC en banc but by a division.
(Garvida v. Sales, 271 SCRA 767)
Initial Appellate jurisdiction- by division
 Appeal from MTC or RTC should be
heard/decided by a division. (Abad v.
Comelec, 12/10/99)
Requirement of MR
 No Petition for Certiorari with the SC
without filing a motion for reconsideration
with COMELEC En Banc. (Reyes v. RTC,
5/5/95)
 A Motion for Reconsideration based on the
merits and not a dismissal for failure to
prosecute is what is contemplated under the
provision. SALAZAR v. COMELEC, 184
SCRA 433 [1990].
Section 4. The Commission may, during the
election period, supervise or regulate the enjoyment
or utilization of all franchises or permits for the
operation of transportation and other public
utilities, media of 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,
peaceful, and credible elections.
Power to regulate media, applies in
plebiscites and referenda. UNIDO V.
COMELEC, 104 SCRA 17 [1981]
Power to regulate media franchise holders
does not include regulation of expression of
opinion of writers in a plebiscite or
referendum. SANIDAD V. COMELEC, 1-
29-90.
Radio and television broadcasting companies
may be required to give free air time for
political advertisements during election
period. TELEBAB vs. COMELEC, 289
SCRA 337
Section 5. No pardon, amnesty, parole,
or suspension of sentence for violation of
election rules, and regulations shall be
granted by the President without a favorable
recommendation of the Commission.
This is a limitation on the clemency powers
of the President.
Section 6. A free and open party system
shall be allowed to evolve according to the
free choice of the people, subject to the
provisions of this Article.
This is towards a strong multi-party system.
Section 7. No votes cast in favor of a
political party, organization, or coalition
shall be valid, except for those registered
under the party-list system as provided in
this Constitution.
No block voting allowed, except under the
party list system.
42
Section 8. Political parties, or organizations or
coalitions registered under the party-list system,
shall not be represented in the voters' registration
boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in
accordance with law.
Section 9. Unless otherwise fixed by the
Commission in special cases, the election period
shall commence ninety days before the day of the
election and shall end thirty days after.
Election period is fixed by the Constitution. Who
fixes the period in special cases?
Section 10. Bona fide candidates for any public
office shall be free from any form of harassment
and discrimination.
Section 11. Funds certified by the Commission as
necessary to defray the expenses for holding
regular and special elections, plebiscites,
initiatives, referenda, and recalls, shall be provided
in the regular or special appropriations and, once
approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. COMMISSION ON AUDIT
Section 1. (1) There shall be a Commission on
Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens
of the Philippines and, at the time of their
appointment, at least thirty-five years of age,
certified public accountants with not less than ten
years of auditing experience, OR members of the
Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not
have been candidates for any elective position in
the election immediately preceding their
appointment. At no time shall all Members of the
Commission belong to the same profession.
(2) The Chairman and the Commissioners
shall be appointed by the President with the
consent of the Commission on Appointments
for a term of seven years without
reappointment. Of those first appointed, the
Chairman shall hold office for seven years,
one Commissioner for five years, and the
other Commissioner for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired portion of the
term of the predecessor. In no case shall any
Member be appointed or designated in a
temporary or acting capacity.
Restricting features in the composition
1) rotational plan or the staggering term in
the commission membership, such that the
appointment of commission members
subsequent to the original set appointed
after the effectivity of the 1987 Constitution
shall occur every two years;
2) maximum but a fixed term-limit of seven
(7) years for all commission members whose
appointments came about by reason of the
expiration of term save the aforementioned
first set of appointees and those made to fill
up vacancies resulting from certain causes;
3) prohibition against reappointment of
commission members who served the full
term of seven years or of members first
appointed under the Constitution who
served their respective terms of office;
4) limitation of the term of a member to the
unexpired portion of the term of the
predecessor; and
5) proscription against temporary
appointment or designation. [Funa vs. The
Chairman, Commission on Audit, G.R.
No. 192791(2012)]
the provision, on its face, does not prohibit a
promotional appointment from
commissioner to chairman as long as the
commissioner has not served the full term of
seven years, further qualified by the third
sentence of Sec. 1(2), Article IX (D) that
“the appointment to any vacancy shall be
43
only for the unexpired portion of the term of the
predecessor.” [Funa vs. The Chairman,
Commission on Audit, G.R. No. 192791(2012)];
BUT see dissenting opinion of J. Carpio.
Section 2. (1) The Commission on Audit shall
have the POWER, AUTHORITY AND DUTY TO
EXAMINE, AUDIT, AND SETTLE ALL
ACCOUNTS PERTAINING TO THE REVENUE
AND RECEIPTS OF, AND EXPENDITURES OR
USES OF FUNDS AND PROPERTY, OWNED OR
HELD IN TRUST BY, OR PERTAINING TO, THE
GOVERNMENT, OR ANY OF ITS SUBDIVISIONS,
AGENCIES, OR INSTRUMENTALITIES,
INCLUDING GOVERNMENT-OWNED AND
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
of the granting institution to submit to such audit as
a condition of subsidy or equity. However, where
the internal control system of the audited agencies
is inadequate, the Commission may adopt such
measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the
deficiencies. It shall keep the general accounts of
the Government and, for such period as may be
provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority,
subject to the limitations in this Article, to define
the scope of its audit and examination, establish the
techniques and methods required therefor, and
promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive,
extravagant, or unconscionable expenditures, or
uses of government funds and properties

What is the power of the COA? What is the
scope of such power?
Pre-audit
Government, subdivisions, agencies/
instrumentalities, govt owned -controlled
corp. original charters
 Evidently, the BSP, which was
created by a special law to serve a
public purpose in pursuit of a
constitutional mandate, comes within
the class of “public corporations”
defined by paragraph 2, Article 44 of
the Civil Code and governed by the
law which creates it, pursuant to
Article 45 of the same Code. [Boy
Scouts of the Philippines vs.
Commission on Audit, 651 SCRA
146(2011)] NOTE: Justice Carpio
dissented on the ground that BSP has
ceased to be “gov’t owned or
controlled.” E.g. PAL; PNB.
Post Audit
constitutional bodies, commissions and
offices granted fiscal autonomy by the
constitution
1. autonomous state colleges/universities
2. other govt owned or controlled
corporations and their subsidiaries
3. Non gov'tal entities receiving subsidy
CASES:
In Guevara v. Gimenez, 6 SCRA 813 , the
function of COA was held to be "limited to a
determination of whether there is a law
appropriating funds for a given purpose;
whether a contract, made by the proper
officer, has been entered into in conformity
with said appropriation law; whether the
goods or services covered by said contract
have been delivered or rendered in
pursuance of the provisions thereof, x x x ;
whether payment therefor has been
44
authorized by the officials of the corresponding
department or bureau." Such definition of function
is expanded under the 1987 Constitution. Thus in
CALTEX Phil. V. COA, 5/8/92, the SC ruled that
the power has been expanded to include
disallowance of “irregular, unnecessary, excessive,
extravagant or unconscionable expenditures”.
Including the authority to suspend payment if there
is overpricing. Sambeli v. Prov. Of Isabela.
6/18/92;
Or not to authorize payment if in the absence of
public bidding as required by law. COA has also
the authority to interpret was is “public bidding”
and what constitutes a “failure of public bidding”.
Danville Maritime Inc. V. COA, 7/28/89
Under Commonwealth Act No. 327, as amended by
Presidential Decree No. 1445, money claims against
the government shall be filed before the COA.
BUT COA has no authority to pass upon
unliquidated claims (such as quantum meruit basis)
which is justiciable question and which can be
settled by application of judgment and discretion
and CANNOT be adjusted by mere arithmetical
process. F.F. Manacop Construction Inc. v. CA,
266 SCRA 235
The power to audit government agencies is NOT
EXCLUSIVE power of COA. DBP v. COA, 373
SCRA 356.
Failure to act within 60 days, does not result to
automatic approval of the claim. Pacete v. Acting
Chairman of COA, 185 SCRA 1
Section 3. No law shall be passed exempting any
entity of the Government or its subsidiary in any
guise whatever, or any investment of public funds,
from the jurisdiction of the Commission on Audit.
Section 4. The Commission shall submit to the
President and the Congress, within the time fixed by
law, an annual report covering the financial
condition and operation of the Government,
its subdivisions, agencies, and
instrumentalities, including government-
owned or controlled corporations, and non-
governmental entities subject to its audit,
and recommend measures necessary to
improve their effectiveness and efficiency. It
shall submit such other reports as may be
required by law.
ARTICLE X- Local Government
General Provisions
Section 1. The territorial and political
subdivisions of the Republic of the
Philippines are the provinces, cities,
municipalities, and barangays. There shall
be autonomous regions in Muslim
Mindanao and the Cordilleras as
hereinafter provided.
THE PROVINCE OF NORTH
COTABATO vs. THE GOVERNMENT
OF THE REPUBLIC OF THE
PHILIPPINES PEACE PANEL ON
ANCESTRAL DOMAIN (GRP), G.R. No.
183591, October 14, 2008.
Section 2. The territorial and political
subdivisions shall enjoy local autonomy.
Section 3. The Congress shall enact a
local government code which shall provide
for a more responsive and accountable local
45
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 local units.
Power to create local governments is legislative in
character.
Congress has delegated (under Secs 385 & 386,
RA   7160)  to provincial boards, and city and
municipal councils, the power to create barangays
within their jurisdiction,
BUT the power to create provinces and cities
belongs to Congress as their creation involves
creation of legislative districts.
SEMA vs. COMELEC, G.R. No. 177597, July
16, 2008-
Meaning of autonomy
-decentralization of administration NOT delegation
or decentralization of power
Decentralization of administration
retention of 10% of the IRA contrary to local
autonomy -Pimentel vs. Aguirre, 336 SCRA
201
Dept. of Budget cannot set of a limit to the
statutory authority of local governments to grant
allowances to judges. Dadole vs. COA, 178
SCAD 262 [Dec. 2002]
Example:
1. When the law requires recommendation of
nominees for the position of Prov. Budger
Officer from the local government head
(Governor), the appointing authority cannot
appoint someone not passing thru the
recommendation of the local government
head. (San juan v. CSC, 4/19/91)
 release shall be made directly to the LGU concerned
The SC may intervene in the dismissal of the within five (5) days after every quarter of the year and
Speaker of the Sangguniang Pampook of “shall not be subject to any lien or holdback that may
Region XII. The autonomous regions are not be imposed by the national government for whatever
purpose.” [Pimentel, Jr. vs. Aguirre, 336 SCRA
meant to be "self immolation". Where due
201(2000)]
process is not observed, the action of the
autonomous region is invalid. (Limbona v.
The power of the Sec. Of Justice under Sec. 187
Conte Mangelin, 170 SCRA 786 [1989])
of the LGC to set aside a tax ordinance illegal or
unconstitutional does not amount to control.
RECALL
Drilon v. Lim, 8/4/94
a. Requirements of recall under LGC of
1991 (Secs. 69 to 75)
The power of the President does not include the
-by whom exercised.
power (thru the DILG Sec. ) to set aside/annul
- registered voters (vote required varies)
elections of Barangay Federations as this would
-written petition
amount to control. Taule v. Sec. Of Local
-Election recall
Government, 8/12/91
-incumbent automatically a candidate and
cannot resign
-effective upon proclamation of the Section 5. Each local government unit shall have
winner the power to create its own sources of revenues and
-once during the incumbent's term to levy taxes, fees, and charges subject to such
-no recall within one year from guidelines and limitations as the Congress may
assumption of office or one year provide, consistent with the basic policy of local
before a regular local election autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.
Cases:
Malonzo v. Comelec, 3/19/97 Section 6. Local government units shall have a
just share, as determined by law, in the national
taxes, which shall be automatically released to
Section 4. The President of the
them.
Philippines shall exercise general
supervision over local governments.
Section 7. Local governments shall be entitled to
Provinces with respect to component cities
an equitable share in the proceeds of the utilization
and municipalities, and cities and
and development of the national wealth within their
municipalities with respect to component
respective areas, in the manner provided by law,
barangays shall ensure that the acts of their
including sharing the same with the inhabitants by
component units are within the scope of
way of direct benefits.
their prescribed powers and functions.
Power to tax by LGU
Meaning of Power of Supervision
Cases:
Cases:
Mondano v. Silvosa, 97 Phil 143
Basco v. PAGCOR, 197 SCRA 52 [1991];
Ganzon v. CA, 8/5/91;
Phil. Petroleum v. Mun. Of Pililla, 198
SCRA 82 [1991]
A basic feature of local fiscal autonomy is the
automatic release of the shares of LGUs in the
national internal revenue. This is mandated by Other sources of revenue
no less than the Constitution. The Local a. Just share in the national taxes (Sec. 6)
Government Code specifies further that the

46
holding back of 10% of IRA-PIMENTEL vs.
AGUIRRE, 336 SCRA 201
b. Equitable share in the proceeds of
utilization and development national
wealth within the area (Sec. 7)
ALTERNATIVE CENTER FOR
ORGANIZATIONAL REFORMS AND
DEVELOPMENT, INC. (ACORD), et al.
vs. HON. RONALDO ZAMORA, G.R.
No. 144256, June 8, 2005
Oversight committee’s control over releases
of IRA-THE PROVINCE OF BATANGAS
vs. HON. ALBERTO G. ROMULO, G.R.
No. 152774, May 27, 2004
Section 8. The term of office of elective
local officials, except barangay officials,
which shall be determined by law, shall be
three years and no such official shall serve
for more than three consecutive terms.
Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of his service
for the full term for which he was elected.
TERM- “It is not competent for the
legislature to extend the term of officers by
providing that they shall hold over until their
successors are elected and qualified where
the constitution has in effect or by clear
implication prescribed the term and when
the Constitution fixes the day on which the
official term shall begin, there is no
legislative authority to continue the office
beyond that period, even though the
successors fail to qualify within the time.
OSMENA V. COMELEC, 1199 SCRA
750, 758 991
 For BARANGAYS-Congress has
plenary authority under the
Constitution to determine by
legislation not only the duration of
the term of barangay officials, but
47
also the application to them of a consecutive
term limit. [Comelec vs. Cruz, 605 SCRA
167(2009)]
TERM LIMITS does not apply if:
 Term acquired by SUCCESSION; not
elected for the office and term-Borja v.
Commission on Elections, 260 SCRA 604
(1996).
 ELECTION INVALIDATED-Lonzanida v.
Commission on Elections, G.R. No.
135150, July 28, 1999, 311 SCRA 602-
presented the question of whether the
disqualification on the basis of the three-
term limit applies if the election of the
public official (to be strictly accurate, the
proclamation as winner of the public
official) for his supposedly third term had
been declared invalid in a final and
executory judgment.
UNLESS FULLY SERVED THE TERMS:
 Ong v. Alegre, 479 SCRA 473 (2006) and
Rivera v. COMELEC, 523 SCRA 41
(2007)-like Lonzanida, also involved the
issue of whether there had been a completed
term for purposes of the three-term limit
disqualification. These cases, however,
presented an interesting twist, as their final
judgments in the electoral contest came
after the term of the contested office had
expired so that the elective officials in these
cases were never effectively unseated.
PROHIBITED ELECTION MUST BE
IMMEDIATE, not a RECALL ELECTION:
 Adormeo v. Commission on Elections, 376
SCRA 90 (2002) dealt with the effect of
recall; on the three-term limit
disqualification. The case presented the
question of whether the disqualification
applies if the official lost in the regular
election for the supposed third term, but was
elected in a recall election covering that
term; the official was not elected for three
 (3) consecutive terms. The Court
reasoned out that for nearly two
years, the official was a private
citizen; hence, the continuity of his
mayorship was disrupted by his
defeat in the election for the third
term. Socrates v. Commission on
Elections,391 SCRA 457 (2002)
also tackled recall.... Any subsequent
election, like a recall election, is no
longer covered by the prohibition for
two reasons. First, a subsequent
election like a recall election is no
longer an immediate reelection after
three consecutive terms. Second, the
intervening period constitutes an
involuntary interruption in the
continuity of service…..A recall
election mid-way in the term
following the third consecutive term
is a subsequent election but not an
immediate reelection after the third
term.
TERM LIMITATION NOT AFFECTED BY
CONVERSION OF THE LOCAL
GOVERNMENT
 Latasa v. Commission on
Elections, 417 SCRA 601 (2003)
presented the novel question of
whether a municipal mayor who had
fully served for three consecutive
terms could run as city mayor in
light of the intervening conversion of
the municipality into a city. During
the third term, the municipality was
converted into a city; the cityhood
charter provided that the elective
officials of the municipality shall, in
a holdover capacity, continue to
exercise their powers and functions
until elections were held for the new
city officials. The Court ruled that
the conversion of the municipality
into a city did not convert the office
of the municipal mayor into a local
government post different from the
office of the city mayor—the
48
territorial jurisdiction of the city was the
same as that of the municipality; the
inhabitants were the same group of voters
who elected the municipal mayor for 3
consecutive terms; and they were the same
inhabitants over whom the municipal mayor
held power and authority as their chief
executive for nine years.
INVOLUNTARY INTERRUPTION OF SERVICE-
BY SUCCESSION
 In Montebon v. Commission on Elections,
551 SCRA 50 (2008)-where the highest-
ranking municipal councilor succeeded to
the position of vice-mayor by operation of
law. ….an interruption had intervened so
that he could again run as councilor.
INTERRUPTION MUST RESULT TO LOSS OF
OFFICE, not merely the right to serve- such as
preventive suspension not an interruption
Aldovino, Jr. vs. Commission on Elections, 609
SCRA 234(2009)
Section 9. Legislative bodies of local
governments shall have sectoral representation as
may be prescribed by law.
“as may be prescribed by law” may refer to
existing law. Supangan v. Santos, 8/24/90 Note :
BP 337, the local government code then existing
applies.
Section 10. No province, city, municipality, or
barangay may be created, divided, merged,
abolished, or its boundary substantially altered,
except in accordance with the criteria established
in the local government code and subject to
approval by a majority of the votes cast in a
plebiscite in the political units directly affected.
Meaning of “units directly affected”
BP 885 creating the new province of Negros del
Norte . Tan v. Comelec, 142 SCRA 727 (1986)
The deletion of the “unit or “ under the 1987
Constitution did not change the meaning. Padilla
Jr. V. Comelec, 10/19/92
R.A. No. 9009, and, by necessity, the LGC,
were amended, not by repeal but by way of
the express exemptions being embodied in
the exemption clauses. League of Cities of
the Philippines vs. Commission on
Elections, 648 SCRA 344(2011)
population or territorial requirement.
Navarro vs. Ermita, 620 SCRA 529(2010)
No need of plebiscite in the creation of
district or re-districting. BAGABUYO vs.
COMELEC, G.R. No. 176970, December
8, 2008
Section 11. The Congress may, by law,
create special metropolitan political
subdivisions, subject to a plebiscite as set
forth in Section 10 hereof. The component
cities and municipalities shall retain their
basic autonomy and shall be entitled to their
own local executives and legislative
assemblies. The jurisdiction of the
metropolitan authority that will hereby be
created shall be limited to basic services
requiring coordination.
MMDA not the same as Metropolitan
Authority possessing delegated police
power. MMDA vs. BEL-AIR VILLAGE
ASSOCIATION, INC., 328 SCRA 836
The authority of the President to order (EO
ultra vires) the implementation of the
Project notwithstanding, the designation of
the MMDA as the implementing agency for
the Project may not be sustained. It is ultra
vires, there being no legal basis therefor.
MMDA vs. Viron Transportation Co.,
Inc., 530 SCRA 341(2007)
Section 12. Cities that are highly
urbanized, as determined by law, and
component cities whose charters prohibit
their voters from voting for provincial
elective officials, shall be independent of the
province. The voters of component cities
49
within a province, whose charters contain no such
prohibition, shall not be deprived of their right to
vote for elective provincial officials.
A registered voter in a component city, but whose
charter prohibits its voters from participating in
the elections for provincial office is incapacitated
to run for any provincial elective office. (Abella v.
Comelec, 9/3/91)
Section 13. Local government units may group
themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them in accordance with law.
Section 14. The President shall provide for
regional development councils and other similar
bodies composed of local government officials,
regional heads of departments and other
government offices, and representatives from non-
governmental organizations within the region 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.
2 Autonomous Region
Section 15. There shall be created autonomous
regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity
of the Republic of the Philippines.
Section 16. The President shall exercise general
supervision over autonomous regions to ensure that
the laws are faithfully executed.
Section 17. All powers, functions, and
responsibilities not granted by this Constitution or
by law to the autonomous regions shall be vested in
the National Government.

Section 18. The Congress shall enact an
organic act for each autonomous region
with the assistance and participation of the
regional consultative commission composed
of representatives appointed by the
President from a list of nominees from
multisectoral bodies. The organic act shall
define the basic structure of government
from the region consisting of the executive
department and legislative assembly, both of
which shall be reflective and representative
of the constituent political units. The
organic acts shall likewise provide for
special courts with personal, family, and
property law jurisdiction consistent with the
provisions of this Constitution and national
laws.
The creation of the autonomous region shall
be effective when approved by majority of
the votes cast by the constituent units in a
plebiscite called for the purpose, provided
that only provinces, cities, and geographic
areas voting favorably in such plebiscite
shall be included in the autonomous region.
Section 19. The first Congress elected
under this Constitution shall, within
eighteen months from the time of
organization of both Houses, pass the
organic acts for the autonomous regions in
Muslim Mindanao and the Cordilleras.
Section 20. Within its territorial
jurisdiction and subject to the provisions of
this Constitution and national laws, the
organic act of autonomous regions shall
provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural
resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning
development;
(6) Economic, social, and tourism
development;
50
(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.
Self-determination refers to the need for a political
structure that will respect the autonomous peoples’
uniqueness and grant them sufficient room for self-
expression and self-construction. [Disomangcop vs.
Datumanong, 444 SCRA 203(2004)]
Autonomous regions may be empowered to create
municipalities and barangays BUT not provinces
and cities
Section 19, Article VI of RA 9054, insofar as it
grants to the ARMM Regional Assembly the power
to create provinces and cities, is void for being
contrary to Section 5 of Article VI and Section 20 of
Article X of the Constitution, as well as Section 3 of
the Ordinance appended to the Constitution. Only
Congress can create provinces and cities because
the creation of provinces and cities necessarily
includes the creation of legislative districts, a power
only Congress can exercise under Section 5, Article
VI of the Constitution and Section 3 of the
Ordinance appended to the Constitution. …….
Thus, we declare VOID Muslim Mindanao
Autonomy Act No. 201 creating the Province of
Shariff Kabunsuan. [Sema vs. Commission on
Elections, 558 SCRA 700(2008)]
 no autonomous region with one province
only (Ordillo v. Comelec, 12/4/90)
 tribal courts created under Exec Order 220-
do not legally exist with the rejection of the
organic act for cordillera (Badua v. CBA,
2/14/91)
THE PROVINCE OF NORTH COTABATO vs.
THE GOVERNMENT OF THE REPUBLIC OF
THE PHILIPPINES PEACE PANEL ON
ANCESTRAL DOMAIN (GRP), G.R. No.
183591, October 14, 2008
Section 21. The preservation of peace and
order within the regions shall be the
responsibility of the local police agencies
which shall be organized, maintained,
supervised, and utilized in accordance with
applicable laws. The defense and security of
the regions shall be the responsibility of the
National Government.
ACCOUNTABILITY OF
PUBLIC OFFICERS- ART
XI
Section 1. Public office is a public trust.
Public officers and employees must at all
times be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.
Section 2. The President, Vice-President,
the Members of the Supreme Court, the
Members of the Constitutional
Commissions, and the Ombudsman may be
removed from office, on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust. All other public officers and
employees may be removed from office as
provided by law, but not by impeachment.
IMPEACHMENT
Nature & Officials covered
Grounds
Culpable violation of the Constitution,
Treason, Bribery, Graft and Corruption
Other high crimes-(serious and enormous a
nature as to strike at the very life or the
orderly workings of the government),
Betrayal of Public Trust (betrayal of public
interest, inexcusable negligence of duty,
tyrannical abuse of power, breach of official
duty by malfeasance or misfeasance,
cronyism, favoritism, etc. to the prejudice of
51
public interest and which tend to bring the office
into disrepute, including obstruction of justice.
(Concom II Record, p. 272, 286)
Section 3. (1) The House of Representatives
shall have the exclusive power to initiate all cases
of impeachment.
(2) A verified complaint 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.
(3) A vote of at least one-third of all the
Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall
be recorded.
(4) In case the verified complaint or resolution
of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute
the Articles of Impeachment, and trial by the Senate
shall forthwith proceed.
(5) No impeachment proceedings shall be
initiated against the same official more than once
within a period of one year.
(6) The Senate shall have the sole power to try
and decide all cases of impeachment. When sitting
for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines
is on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of
all the Members of the Senate.

(7) Judgment in cases of impeachment
shall not extend further than removal from
office and disqualification to hold any office
under the Republic of the Philippines, but
the party convicted shall nevertheless be
liable and subject to prosecution, trial, and
punishment according to law.
(8) The Congress shall promulgate its
rules on impeachment to effectively carry
out the purpose of this section.
Impeachment is deemed initiated by referral
of the impeachment complaint to the
appropriate house committee. Francisco v.
HOUSE OF REP., GR 160261, 11/10/03-;
two complaints referred to the same charges,
considered as one complaint.(Gutierrez v.
House of Rep. Committee on Justice, GR
No. 193459 , 2/15/01
Loss of immunity of a non-sitting President
Estrada v. Desierto, 352 SCRA 452 (2001)
Section 4. The present anti-graft court
known as the Sandiganbayan shall continue
to function and exercise its jurisdiction as
now or hereafter may be provided by law.
Sandigan- constitutionally mandated
but a statutory court.(Nunez v.
Sandigan, 111 SCRA 442 (1982)
Jurisdiction- (under Sec. 4, PD 1606)
Section 5. There is hereby created the
independent Office of the Ombudsman,
composed of the Ombudsman to be known
as Tanodbayan, one overall Deputy, and at
least one Deputy each for Luzon, Visayas,
and Mindanao. A separate Deputy for the
military establishment may likewise be
appointed.
52
Section 6. The officials and employees of the
Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman according to
the Civil Service Law.
Section 7. The existing Tanodbayan shall
hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be
provided by law, except those conferred on the
Office of the Ombudsman created under this
Constitution.
Special Prosecutor
 (formerly- Tanodbayan)- limited to graft
and corruption cases; may prosecute judges
before Sandigan (Orap v. Sandigan, 139
SCRA 252); BUT a subordinate of the
ombudsman (Zaldivar v. Gonzales, 160 SCRA
843)
Section 8. The Ombudsman and his Deputies
shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty
years old, of recognized probity and independence,
and members of the Philippine Bar, and must not
have been candidates for any elective office in the
immediately preceding election. The Ombudsman
must have for ten years or more been a judge or
engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the
same disqualifications and prohibitions as provided
for in Section 2 of Article IX-A of this Constitution.
Section 9. The Ombudsman and his Deputies
shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for every
vacancy thereafter. Such appointments shall require
no confirmation. All vacancies shall be filled within
three months after they occur.
Section 10. The Ombudsman and his Deputies
shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions,
and they shall receive the same salary, which shall
not be decreased during their term of office.

Section 11. The Ombudsman and his
Deputies shall serve for a term of seven
years without reappointment. They shall not
be qualified to run for any office in the
election immediately succeeding their
cessation from office.
 Unique disqualification to run for
elective office in the election
immediate succeeding cessation of
office.
Section 12. The Ombudsman and his
Deputies, as protectors of the people, shall
act promptly on complaints filed in any form
or manner against public officials or
employees of the Government, or any
agency, subdivision or instrumentality
thereof, including government-owned or
controlled corporations, and shall, in
appropriate cases, notify the complainants
of the actions taken and the result thereof.
 Protector of the people
 Power to act on a complaint in any
form (including unsigned) authorized
by the Constitution and does not
violate the equal protection clause.
Valmonte v. Vasquez, 244 SCRA
286.
Section 13. The Office of the Ombudsman
shall have the following powers, functions,
and duties :
(1) Investigate on its own, or on
complaint by any person, any act or
omission of any public official, employee,
office or agency, when such act or omission
appears to be illegal, unjust, improper, or
inefficient.
(2) Direct, upon complaint or at its
own instance, any public official or
employee of the Government, or any
subdivision, agency or instrumentality
thereof, as well as of any government-owned
53
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 and 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
Government and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency.
(8) Promulgate its rules and procedure and
exercise such other powers or perform such
functions or duties as may be provided by law.
Section 14. The Office of the Ombudsman shall
enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly
released.
OMBUDSMAN- CONSTITUTIONAL OFFICE
Constitutional administrative power of investigation
 act is illegal, unjust, improper or inefficient.
 e.g. Murder is illegal-Deloso v.
Domingo, 191 SCRA 545 (1990)
 scope - concurrent with the Power of
the Pres. (Hagad v. Dadole,
12/12/95);
RA 6670 (Ombudsman Act of 1989)
 Granting prosecutorial functions to
the Ombudsman, pursuant to par. 8
of Sec. 13, Art. XI. Acop v.
Ombudsman, 248 SCRA 566;
Camanag v. Guerrero, 2/17/97;
 Investigative power is primary (may
take over such investigation anytime)
if offense falls under the exclusive
jurisdiction of the sandiganbayan,
BUT IS NOT EXCLUSIVE.
HONASAN vs. DOJ Panel etc. GR
No. 159747, 4/13/04
 the claim of confidentiality will not
bar the power of the ombudsman for
production of documents, and even if
truly confidential, inspection could
be done in camera. Almonte v.
Vasquez, 5/22/95. Under Bank
Secrecy Law however, in camera
inspection may be allowed ony if : 1)
there is a pending case ; 2) account is
identified ; 3) inspection limited to
the subject matter of the case ; 4)
bank personnel and account holder
are notified ; 5) inspection limited to
the identified account. Marquez v.
Ombudsman, 6/27/01
 Under RA 6770 and the 1987
Constitution, the Ombudsman has
the constitutional power to directly
remove from government service an
erring public official, other than a
member of Congress and the
Judiciary (& also impeachable
officers) Estarija v. Ranada, G.R.
No. 159314, 26 June 2006,
54
 Investigatorial powers of the Ombudsman,
not ordinarily subject to review by the SC-
LOQUIAS vs. Ombudsman, 338 SCRA 62
 May exercise the power of contempt in the
conduct of preliminary investigation which
quasi-judicial in character. Lastimosa v.
Vasquez, 243 SCRA 497.
Section 15. The right of the State to recover
properties unlawfully acquired by public officials
and employees, from them or from their nominees
or transferees, shall not be barred by prescription,
laches, or estoppel.
Imprescriptibility does not apply to criminal cases.
(Pres. Ad Hoc Fact=finding Committee on
Behest Loans, et al., v. Desierto, et al., GR No.
130140 , Oct. 25, 1999)
Section 16. No loan, guaranty, or other form of
financial accommodation for any business purpose
may be granted, directly or indirectly, by any
government-owned or controlled bank or financial
institution to the President, the Vice-President, the
Members of the Cabinet, the Congress, the Supreme
Court, and the Constitutional Commissions, the
Ombudsman, or to any firm or entity in which they
have controlling interest, during their tenure.
Section 17. A public officer or employee shall,
upon assumption of office and as often thereafter as
may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In the
case of the President, the Vice-President, the
Members of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed
forces with general or flag rank, the declaration
shall be disclosed to the public in the manner
provided by law.
Section 18. Public officers and employees owe the
State and this Constitution allegiance at all times,
and any public officer or employee who seeks to
change his citizenship or acquire the status of an
immigrant of another country during his mineral oils, all forces of potential energy, fisheries,
tenure shall be dealt with by law. forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State.
With the exception of agricultural lands, all other
natural resources shall not be alienated. The
ARTICLE XII exploration, development, and utilization of natural
National Economy and Patrimony resources shall be under the full control and
supervision of the State. The State may directly
undertake such activities, or it may enter into co-
Section 1. The goals of the national
production, joint venture, or production-sharing
economy are a more equitable
agreements with Filipino citizens, or corporations
distribution of opportunities, income,
or associations at least sixty per centum of whose
and wealth; a sustained increase in the
capital is owned by such citizens. Such agreements
amount of goods and services produced
may be for a period not exceeding twenty-five
by the nation for the benefit of the
years, renewable for not more than twenty-five
people; and an expanding productivity
years, and under such terms and conditions as may
as the key raising the quality of life for
be provided by law. In cases of water rights for
all, especially the underprivileged.
irrigation, water supply, fisheries, or industrial uses
other than the development of water power,
The State shall promote
beneficial use may be the measure and limit of the
industrialization and full employment
grant.
based on sound agricultural
development and agrarian reform,
The State shall protect the nation's marine
through industries that make full and
wealth in its archipelagic waters, territorial sea,
efficient use of human and natural
and exclusive economic zone, and reserve its use
resources, and which are competitive in
and enjoyment exclusively to Filipino citizens.
both domestic and foreign markets.
However, the State shall protect
The Congress may, by law, allow small-scale
Filipino enterprises against unfair
utilization of natural resources by Filipino citizens,
foreign competition and trade practices.
as well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers,
In the pursuit of these goals, all sectors
lakes, bays, and lagoons.
of the economy and all regions of the
country shall be given optimum
The President may enter into agreements
opportunity to develop. Private
with foreign-owned corporations involving either
enterprises, including corporations,
technical of financial assistance for large-scale
cooperatives, and similar collective
exploration, development, and utilization of
organizations, shall be encouraged to
minerals, petroleum, and other mineral oils
broaden the base of their ownership.
according to the general terms and conditions
provided by law, based on real contributions to the
Questions:
economic growth and general welfare of the
What are the goals of the national
country. In such agreements, the State shall
economy? What is thrust of the state
promote the development and use of local
insofar as industrialization is
scientific and technical resources.
concerned?
The President shall notify the Congress of
Section 2. All lands of the public domain, every contract entered into in accordance with this
waters, minerals, coal, petroleum, and other provision, within thirty days from its execution.
55

Imperium and dominium.
Imperium is the power of the government
in the concept of sovereignty. Dominium
on the other hand is the capacity of the state
to own or acquire property.
Jura regalia, a feudalistic theory that
makes all lands, unless ownership has been
granted to private persons or entities,
belong to the Crown. Later on as the form
of governments has changed from
monarchial to republican, ownership of
such lands has been vested in the State.
The first sentence of Section 2 enunciates
the theory.
 Carino v. Insular Government, 41
Phil. 935 (1909)
Exploration, development and utilization
of natural resources
Full control and supervision of the state
over natural resources. (see –
The word “involving” does not limit
service agreements to technical and
financial. La Bugal-B'Laan Tribal
Association, Inc. v. Ramos, 445 SCRA 1
(2004)
Section 3. Lands of the public domain are
classified into agricultural, forest or timber,
mineral lands, and national parks.
Agricultural lands of the public domain may
be further classified by law according to the
uses which they may be devoted. Alienable
lands of the public domain shall be limited
to agricultural lands. Private corporations
or associations may not hold such alienable
lands of the public domain except by lease,
for a period not exceeding twenty-five years,
renewable for not more than twenty-five
years, and not to exceed one thousand
hectares in area. Citizens of the Philippines
may lease not more than five hundred
56
hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.
Taking into account the requirements of
conservation, ecology, and development, and
subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
developed, held, or leased and the conditions
therefor.
Limitations on area of lease or acquisitions
1935 Constitution-
144 hectares by purchase
24 hectares by homestead
1973
24 hectares by purchase or homestead
1987
500 hectares by lease (citizens); 1,000has. By
corporations
12 hectares by purchase, homestead or grant
(citizens)
May a law further decrease the allowable limits?
YES. See Par. 2 of Sec. 3.
PROBLEM: Public Estate Authority, a
government owned and controlled corporation,
pursuant to its legislative authority, reclaimed
hundreds of hectares of Manila Bay. May such
lands be sold to private corporations and
individuals?
Answer: If classified as alienable, such lands may
be sold to individuals, but not to private
corporations. Sale to the latter would violate
constitution. Chavez vs. PEA, AMARI, 170 SCAD
323, 7/9/02
Section 4. The Congress shall, as soon as
possible, determine by law the specific limits of
forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved
and may not be increased nor diminished, except by
law. The Congress shall provide, for such
period as it may determine, measures to
prohibit logging in endangered forests and
watershed areas.
Section 5. The State, subject to the
provisions of this Constitution and national
development policies and programs, shall
protect the rights of indigenous cultural
communities to their ancestral lands to
ensure their economic, social, and cultural
well-being.
The Congress may provide for the
applicability of customary laws governing
property rights and relations in determining
the ownership and extent of ancestral
domain.
Section 6. The use of property bears a
social function, and all economic agents
shall contribute to the common good.
Individuals and private groups, including
corporations, cooperatives, and similar
collective organizations, shall have the right
to own, establish, and operate economic
enterprises, subject to the duty of the State
to promote distributive justice and to
intervene when the common good so
demands.
This section manifests the rejection of the
Laissez Faire as an economic principle. The
state may intervene when the common good
demands. Just like in the operation of
cooperatives (LUELCO vs. Judge
Yaranon, 12/4/89)
Section 7. Save in cases of
hereditary succession, no private lands
shall be transferred or conveyed except
to individuals, corporations, or
associations qualified to acquire or
hold lands of the public domain.
57
Section 8. Notwithstanding the provisions of
Section 7 of this Article, a natural-born citizen
of the Philippines who has lost its Philippine
citizenship may be a transferee of private
lands, subject to limitations provided by law.
NOTES:
1) Private lands include lands owned by the State
or its subdivisions in patrimonial capacity.
2) Only those qualified to acquire or hold lands of
the public domain may acquire private lands.
3) Since aliens (individual or juridical) cannot hold
or acquire alienable lands of the public domain,
they cannot acquire private lands. They
(aliens) may however hold private lands by
lease.
a) Transfers in violation of this policy shall be
void. If the parties are in pari delicto, the law
shall leave where they are and the court will not
grant relief in case of suits for recovery.
(Rellosa v. Gaw Chee Hun, 93 Phil, 827
[1953]);
b) BUT the in pari delicto rule will not be applied
if setting aside the contract will enhance the
policy of preserving the lands to Filipinos; A
lease for 99 years is a virtual surrender of all
rights incidents to ownership, and not valid.
(Philbanking vs. Lui She, 21 SCRA 52
[1967]);
c) Especially where the land has come to the
hands of a qualified transferee. (Barsobia v.
Cuenco, 113 SCRA 547 [1982])
4) Exceptions:
a) Aliens may acquire lands by hereditary
succession, that is- by intestate succession, but
not by testamentary succession.(Ramirez v.
Vda. De Ramirez, 111 SCRA 704)
Under RA 8179 (now section 10 of RA 7042-
Foreign Investment Act of 1991) former
 natural-born citizens are allowed to be
transferees of private lands with the
following limits: 5,000- sq.m. of
urban land, or 3 hectares for rural
lands. For urban lands, the purpose
may be for business or other
purposes. However, ownership of
urban land precludes acquisition of
rural land or vice versa, and
ownership is limited to TWO
PARCELS which should not be
located in the same municipality or
city.
Section 9. The Congress may establish an
independent economic and planning agency
headed by the President, which shall, after
consultations with the appropriate public
agencies, various public sectors, and local
government units, recommend to Congress,
and implement continuing integrated and
coordinated programs and policies for
national development.
Until the Congress provides otherwise, the
National Economic and Development
Authority shall function as the independent
planning agency of the government.
Section 10. The Congress shall, upon
recommendation of the economic and
planning agency, when the national interest
dictates, reserve to citizens of the
Philippines or to corporations or
associations at least sixty per centum of
whose capital is owned by such citizens, or
such higher 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.
58
The State shall regulate and exercise authority
over foreign investments within its national
jurisdiction and in accordance with its national
goals and priorities.
NOTES:
1) Filipinization of certain investment areas does
not violate the equal protection clause (Ichong v.
Hernandez, 101 Phil. 1155 [1957]) Take note that
the Retail Trade Nationalization law has been
amended to allow the entry of highly capitalized
retailers.
2) SEE Foreign Investment Act (RA 7042)
3) Manila Hotel v. GSIS, 2/3/97- upholding the
Filipino first policy
Section 11. No franchise, certificate, or any other
form of authorization for the operation of a public
utility shall be granted except to citizens of the
Philippines or to corporations or associations
organized under the laws of the Philippines at least
sixty per centum of whose capital is owned by such
citizens, nor shall such franchise, certificate, or
authorization be exclusive in character or for a
longer period than fifty years. Neither shall any
such franchise or right be granted except under the
condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the
common good so requires. The State shall
encourage equity participation in public utilities by
the general public. The participation of foreign
investors in the governing body of any public utility
enterprise shall be limited to their proportionate
share in its capital, and all the executive and
managing officers of such corporation or
association must be citizens of the Philippines.
NOTES:
Grant of franchise cannot be exclusive in character.
Republic v. Extelcom, 373 SCRA 316; TAWANG
MULTI-PURPOSE COOP vs. LTWD, 646 SCRA
21
1) The authority to grant franchises to public
utilities belong to Congress, but it may delegate to
administrative agencies the power to grant
licenses or to authorize operation of certain
public utilities (e.g. LTFRB under EO No.
202)
2) The franchise to operate a public utility
must be distinguished from ownership of the
facilities. (Tatad vs. Garcia, Jr. 4/6/95)
3) “Capital” refers to voting stock-
GAMBOA v. TEVES, 652 SCRA
690[2011]
Section 12. The State shall promote the
preferential use of Filipino labor, domestic
materials and locally produced goods, and
adopt measures that help them competitive.
NOTES:
1) Filipino first policy
Section 13. The State shall pursue a trade
policy that serves the general welfare and
utilizes all forms and arrangements of
exchange on the basis of equality and
reciprocity.
Section 14. The sustained development of
a reservoir of national talents consisting of
Filipino scientists, entrepreneurs,
professionals, managers, high-level
technical manpower and skilled workers
and craftsmen in all fields shall be promoted
by the State. The State shall encourage
appropriate technology and regulate its
transfer for the national benefit.
The practice of all professions in the
Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
Practice of profession may, by law, be
extended to aliens.
59
Section 15. The Congress shall create an agency
to promote the viability and growth of cooperatives
as instruments for social justice and economic
development.
Section 16. The Congress shall not, except by
general law, provide for the formation,
organization, or regulation of private corporations.
Government-owned or controlled corporations may
be created or established by special charters in the
interest of the common good and subject to the test
of economic viability.
Private corporations may only be created by virtue
of a general law.
Section 17. In times of national emergency, when
the public interest so requires, the State may, during
the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the
operation of any privately owned public utility or
business affected with public interest.
Section 18. The State may, in the interest of
national welfare or defense, establish and operate
vital industries and, upon payment of just
compensation, transfer to public ownership utilities
and other private enterprises to be operated by the
Government.
NOTES:
Distinguish takeover under Sec. 17 and 18.
DAVID vs. ARROYO, GR No. 171396 (PP 1017,
1021) National Emergency
Example of business affected with public interest is
banking.
 See interconnection cases.
Section 19. The State shall regulate or prohibit
monopolies when the public interest so requires. No
combinations in restraint of trade or unfair
competition shall be allowed.
NOTES:
  Monopolies may only be regulated
or prohibited when public interest
so requires, while “combinations in
restraint of trade or unfair
competition” is not allowed.
 Anti-trust provision
Section 20. The Congress shall establish
an independent central monetary authority,
the members of whose governing board must
be natural-born Filipino citizens, of known
integrity, and patriotism, the majority of
whom shall come from the private sector.
They shall also be subject to such other
qualifications and disabilities as may be
prescribed by law. The authority shall
provide policy direction in the areas of
money, banking, and credit. It shall have
supervision over the operations of banks
and exercise such regulatory powers as may
be provided by law over the operations of
finance companies and other institutions
performing similar functions.
Until the Congress otherwise provides, the
Central Bank of the Philippines, operating
under existing laws, shall function as the
central monetary authority.
Section 21. Foreign loans may only be
incurred in accordance with law and the
regulation of the monetary authority.
Information on foreign loans obtained or
guaranteed by the Government shall be
made available to the public.
Acts which circumvent or negate any of the
provisions of this Article shall be considered
inimical to the national interest and subject
to criminal and civil sanctions, as may be
provided by law.
ARTICLE XIII
Social Justice and Human Rights
60
Section 1. The Congress shall give highest
priority to the enactment of measures that protect
and enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for
the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.
Section 2. The promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative and
self-reliance.
Labor
Section 3. The State shall afford full protection
to labor, local and overseas, organized and
unorganized, and promote full employment and
equality of employment opportunities for all.
 ISAE vs. QUISUMBING, 333 SCRA 13
 SERRANO vs. GALLANT MARITIME
SERVICES, INC. and MARLOW
NAVIGATION CO., INC., G.R. No.
167614. March 24, 2009.
It shall guarantee the rights of all workers to self-
organizations, and peaceful concerted activities,
including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall
also participate in policy and decision-making
processes affecting their rights and benefits as may
be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster
industrial peace.
 The State shall regulate the relations
between workers and employers,
recognizing the right of labor to its just
share in the fruits of production and the
right of enterprises to reasonable returns on
investments, and to expansion and growth.
PROBLEM: To prevent closure due to
losses arising from strikes, the airline
management and the labor union entered
into an agreement to suspend the CBA for
ten years. Some members of the union
questioned the arrangement as violation
of the constitutional guarantee of
protection to labor, right to self
organization and collective bargaining.
Decide.
ANSWER: The agreement afforded full
protection to labor and promoted the shared
responsibility between workers and
employers, and the employees exercised
voluntary modes in settling dispute,
including conciliation to foster industrial
peace. Rivera v. Espiritu, 374 sCRA 351
Agrarian and Natural Resources Reform
Section 4. The State shall, by law,
undertake an agrarian reform program
founded on the right of farmers and regular
farmworkers, who are landless, to own
directly or collectively the lands they till or,
in the case of other farmworkers, to receive
a just share of the fruits thereof. To this end,
the State shall encourage and undertake the
just distribution of all agricultural lands,
subject to such priorities and reasonable
retention limits as the Congress may
prescribe, taking into account ecological,
developmental, or equity considerations,
and subject to the payment of just
compensation. In determining retention
limits, the State shall respect the rights of
small landowners. The State shall further
provide incentives for voluntary land-
sharing.
61
Section 5. The State shall recognize the right of
farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers'
organizations to participate in the planning,
organization, and management of the program, and
shall provide support to agriculture through
appropriate technology and research, and adequate
financial, production, marketing, and other support
services.
Section 6. The State shall apply the principles of
agrarian reform or stewardship, whenever
applicable in accordance with law, in the
disposition or utilization of other natural resources,
including lands of the public domain under lease or
concession suitable to agriculture, subject to prior
rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral
lands.
The State may resettle landless farmers and
farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided
by law.
Section 7. The State shall protect the rights of
subsistence fishermen, especially of local
communities, to the preferential use of local marine
and fishing resources, both inland and offshore. It
shall provide support to such fishermen through
appropriate technology and research, adequate
financial, production, and marketing assistance,
and other services. The State shall also protect,
develop, and conserve such resources. The
protection shall extend to offshore fishing grounds
of subsistence fishermen against foreign intrusion.
Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing
resources.
Section 8. The State shall provide incentives to
landowners to invest the proceeds of the agrarian
reform program to promote industrialization,
employment creation, and privatization of public
sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity
in enterprises of their choice.

Agrarian reform
Small Landowners v. Sec., supra
Urban Land Reform and Housing
Section 9. The State shall, by law, and for
the common good, undertake, in
cooperation with the public sector, a
continuing program of 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 resettlement
areas. It shall also promote adequate
employment opportunities to such citizens.
In the implementation of such program the
State shall respect the rights of small
property owners.
Section 10. Urban or rural poor dwellers
shall not be evicted nor their dwellings
demolished, except in accordance with law
and in a just and humane manner.
No resettlement of urban and rural
dwellers shall be undertaken without
adequate consultation with them and the
communities where they are to be relocated.
3 Urban Development Housing Act-RA
7279
 PD 1517 (pre-emptive right of urban
tenant in an area declared as priority
development area and an urban land
reform zone.
Health
Section 11. The State shall adopt an
integrated and comprehensive approach to
health development which shall endeavor to
make essential goods, health and other
social services available to all people at
affordable cost. There shall be priority for
the needs of the underprivileged sick,
elderly, disabled, women, and children. The
62
State shall endeavor to provide free medical care to
paupers.
Section 12. The State shall establish and maintain
an effective food and drug regulatory system and
undertake appropriate health manpower
development and research, responsive to the
country's health needs and problems.
Section 13. The State shall establish a special
agency for disabled persons for rehabilitation, self-
development and self-reliance, and their integration
into the mainstream of society.
Women
Section 14. The State shall protect working
women by providing safe and healthful working
conditions, taking into account their maternal
functions, and such facilities and opportunities that
will enhance their welfare and enable them to
realize their full potential in the service of the
nation.
Role and Rights of People's Organizations
Section 15. The State shall respect the role of
independent people's organizations to enable the
people to pursue and protect, within the democratic
framework, their legitimate and collective interests
and aspirations through peaceful and lawful means.
People's organizations are bona fide associations
of citizens with demonstrated capacity to promote
the public interest and with identifiable leadership,
membership, and structure.
Section 16. The right of the people and their
organizations to effective and reasonable
participation at all levels of social, political, and
economic decision-making shall not be abridged.
The State shall, by law, facilitate the establishment
of adequate consultation mechanisms.
Human Rights
 Section 17. (1) There is hereby created an
independent office called 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 whose human rights have
been violated or need protection;
(4) Exercise visitorial powers over jails,
prisons, or detention facilities;
63
(5) Establish a continuing program of research,
education, ad 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.
 CHREA v. CHR, 7/21/06- limited fiscal
autonomy.
 It has no adjudicatory powers; only fact
finding (Carino v. CHR, 9/2/91)
 Not being a court of justice, cannot issue
writs of injunction or restraining orders
against supposed violators of human rights.
(EPZA v. CHR, 208 SCRA 125; Simon v.
CHR, 229 SCRA 117)
 ARTICLE XIV
Education, Science and Technology, Arts,
Culture, and Sports
Education
Section 1. The State shall protect and
promote the right of all citizens to quality
education at all levels and shall take
appropriate steps to make such education
accessible to all.
Section 2. The State shall :
(1) Establish, maintain, and support a
complete, adequate, and integrated system
of education relevant to the needs of the
people and society;
(2) Establish and maintain a system of free
public education in the elementary and high
school levels. Without limiting the natural
right of parents to rear their children,
elementary education is compulsory for all
children of school age;
(3) Establish and maintain a system of
scholarship grants, student loan programs,
subsidies, and other incentives which shall
be available to deserving students in both
public and private schools, especially to the
underprivileged;
(4) Encourage non-formal, informal, and
indigenous learning systems, as well as self-
learning, independent, and out-of-school
study programs particularly those that
respond to community needs; and
(5) Provide adult citizens, the disabled, and
out-of-school youth with training in civics,
vocational efficiency, and other skills.
Section 3. (1) All educational
institutions shall include the study of the
Constitution as part of the curricula.
(2) They shall inculcate patriotism and
nationalism, foster love of humanity, respect
for human rights, appreciation of the role of
national heroes in the historical
development of the country, teach the rights
and duties of citizenship, strengthen ethical
64
and spiritual values, develop moral character and
personal discipline, encourage critical and creative
thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the
parents or guardians, religion shall be allowed to
be taught to their children or wards in public
elementary and high schools within the regular
class hours by instructors designated or approved
by the religious authorities of the religion to which
the children or wards belong, without additional
cost to the Government.
Section 4. (1) The State recognizes the
complementary roles of public and private
institutions in the educational system and shall
exercise reasonable supervision and regulation of
all educational institutions.
(2) Educational institutions, other than those
established by religious groups and mission boards,
shall be owned solely by citizens of the Philippines
or corporations or associations at least sixty per
centum of the capital of which is owned by such
citizens. The Congress may, however, require
increased Filipino equity participation in all
educational institutions.
The control and administration of educational
institutions shall be vested in citizens of the
Philippines.
No educational institution shall be established
exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in
any school. The provisions of this subsection shall
not apply to schools established for foreign
diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign
temporary residents.
(3) All revenues and assets of non-stock, non-profit
educational institutions used actually, directly, and
exclusively for educational purposes shall be
exempt from taxes and duties. Upon the dissolution
or cessation of the corporate existence of such
institutions, their assets shall be disposed of
in the manner provided by law.
Proprietary educational institutions,
including those cooperatively owned, may
likewise be entitled to such exemptions
subject to the limitations provided by law
including restrictions on dividends and
provisions for reinvestment.
(4) Subject to conditions prescribed by law,
all grants, endowments, donations, or
contributions used actually, directly, and
exclusively for educational purposes shall
be exempt from tax.
Section 5. (1) The State shall take into
account regional and sectoral needs and
conditions and shall encourage local
planning in the development of educational
policies and programs.
(2) Academic freedom shall be enjoyed in
all institutions of higher learning.
ACADEMIC FREEDOM
What is academic freedom
Of institutions of Higher Learning- the
freedom of the institution to determine “who
may teach; what may be taught; how it shall
be taught; and who may be admitted to
study”-GARCIA v. Faculty of Admission,
Loyola School of Theology, 168 SCRA 277
Right of the UP to retain a faculty member
to retain/promote a faculty member despite
having incurred AWOL over directive of
CSC. UP v. CSC, 4/3/01
DECS’ Three-year maximum probation rule.
Cagayan Capitol College v. NLRC, 189
SCRA 658
The power to investigate is inherent in
academic freedom.MIRIAM COLLEGE
vs. CA, 348 SCRA 265 [12-15-00] –
65
Institution of higher learning can revoke a degree it
has conferred if obtained fraudulently. UP BOARD
OF REGENTS vs. CA., GR 134625, Aug. 31,
1999.
PROBLEM. A university professor in graduate
school gave grades to students who were given
program of self-study with reading materials and
weekly tutorial meetings, quizzes and term
papers, without requiring them to attend regular
classes. The Board of Regents of the school
approved such method. Is this allowed? YES.
The teaching style of the professor is part of
academic freedom which clothes him with the
widest latitude to innovate and experiment on the
method of teaching which is most fitting to his
students subject only to the rules and policies of the
university. Camacho v. Coresis, GR 134372,
8/22/02
PRC Resolution prohibiting examinees in
accountancy licensure examinations from attending
review classes, briefing, conferences, a violation of
academic freedom of schools…Lupangco v. CA,
160 SCRA 848
Academic freedom of students governed by the due
process clause and the bill of rights.
(3) Every citizen has a right to select a profession
or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to
professional advancement. Non-teaching academic
and non-academic personnel shall enjoy the
protection of the State.
(5) The State shall assign the highest budgetary
priority to education and ensure that teaching will
attract and retain its rightful share of the best
available talents through adequate remuneration
and other means of job satisfaction and fulfillment.
Right to Education
 NMAT a valid requirement-Tablarin v.
Gutierez, 154 SCRA 730; and the three(3)-
 failure rule is also valid. (DECS v.
San Diego, 180 SCRA 534
Highest budgetary allocation
 Merely directory-Guingona v.
Carague, 196 SCRA 221;
Philconsa v. Enriquez, supra)
Language
Section 6. The national language of the
Philippines is Filipino. As it evolves, it shall
be further developed and enriched on the
basis of existing Philippine and other
languages.
Subject to provisions of law and as the
Congress may deem appropriate, the
Government shall take steps to initiate and
sustain the use of Filipino as a medium of
official communication and as language of
instruction in the educational system.
Section 7. For purposes of
communication and instruction, the official
languages of the Philippines are Filipino
and, until otherwise provided by law,
English.
The regional languages are the auxiliary
official languages in the regions and shall
serve as auxiliary media of instruction
therein.
Spanish and Arabic shall be promoted on a
voluntary and optional basis.
Section 8. This Constitution shall be
promulgated in Filipino and English and
shall be translated into major regional
languages, Arabic, and Spanish.
Section 9. The Congress shall establish a
national language commission composed of
representatives of various regions and
disciplines which shall undertake,
coordinate, and promote researches for the
development, propagation, and preservation
of Filipino and other languages.
66
Science and technology
Section 10. Science and technology are essential
for national development and progress. The State
shall give priority to research and development,
invention, innovation, and their utilization; and to
science and technology education, training, and
services. It shall support indigenous, appropriate,
and self-reliant scientific and technological
capabilities, and their application to the country's
productive systems and national life.
Section 11. The Congress may provide for
incentives, including tax deductions, to encourage
private participation in programs of basic and
applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided
to deserving science students, researchers,
scientists, inventors, technologists, and specially
gifted citizens.
Section 12. The State shall regulate the transfer
and promote the adaptation of technology from all
sources for the national benefit. It shall encourage
the widest participation of private groups, local
governments, and community-based organizations
in the generation and utilization of science and
technology.
Section 13. The State shall protect and secure the
exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property
and creations, particularly when beneficial to the
people, for such period as may be provided by law.
Arts and Culture
Section 14. The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual
expression.
Section 15. Arts and letters shall enjoy the
patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and
cultural heritage and resources, as well as artistic
creations.
 Section 16. All the country's artistic and
historic wealth constitutes the cultural
treasure of the nation and shall be under the
protection of the State which may regulate
its disposition.
Section 17. The State shall recognize,
respect, and protect the rights of indigenous
cultural communities to preserve and
develop their cultures, traditions, and
institutions. It shall consider these rights in
the formulation of national plans and
policies.
Section 18. (1) The State shall ensure
equal access to cultural opportunities
through the educational system, public or
private cultural entities, scholarships,
grants and other incentives, and community
cultural centers, and other public venues.
(2) The State shall encourage and
support researches and studies on the arts
and culture.
Sports
Section 19. (1) The State shall promote
physical education and encourage sports
programs, league competitions, and
amateur sports, including training for
international competitions, to foster self-
discipline, teamwork, and excellence for the
development of a healthy and alert citizenry.
(2) All educational institutions shall
undertake regular sports activities
throughout the country in cooperation with
athletic clubs and other sectors.
ARTICLE XV
The Family
Section 1. The State recognizes the
Filipino family as the foundation of the
nation. Accordingly, it shall strengthen its
solidarity and actively promote its total
development.
67
Section 2. Marriage, as an inviolable social
institution, is the foundation of the family and shall
be protected by the State.
Section 3. The State shall defend :
(1) The right of spouses to found a family in
accordance with their religious convictions and the
demands of responsible parenthood;
(2) The right of children to assistance, including
proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to
their development;
(3) The right of the family to a family living wage
and income; and
(4) The right of families or family associations to
participate in the planning and implementation of
policies and programs that affect them.
Section 4. The family has the duty to care for its
elderly members but the State may also do so
through just programs of social security.
Senior citizen’s discount- CARLOS
SUPERDRUG CORP. vs. DSWD, G.R. No.
166494, June 29, 2007.
ARTICLE XVI
General Provisions
Section 1. The flag of the Philippines shall be
red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and
recognized by law.
Section 2. The Congress may, by law, adopt a
new name for the country, a national anthem, or a
national seal, which shall 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.
5. STATE IMMUNITY:
The state may not be sued without its consent
(ART. XVI, SEC. 3)- otherwise known as: the
Royal Prerogative of Dishonesty

A. Practical basis: Holmes put it, is that
“there can be no legal right against the
authority which makes the law on which
the right depends.”(Kawanakoa   v.
Polybank, 205 U.S. 349)
Immunity extends to foreign states
(SYQUIA V. LOPEZ, 84 PHIL 312)
The doctrine of state immunity is not
limited to cases which would result in a
pecuniary charge against the sovereign or
would require the doing of an affirmative
act by it. Prevention of a sovereign from
doing an affirmative act pertaining directly
and immediately to the most important
public function of any government—the
defense of the state—is equally as
untenable as requiring it to do an
affirmative act." Baer vs. Tizon, 57 SCRA
1(1974)
And to international agencies of the UN
under the Convention on the Privileges and
Immunities of Specialized Agencies of the
United Nations, adopted by the UN General
Assembly on November 21, 1947, and
concurred in by the Philippine Senate on
May 17, 1949. This Convention has the
force and effect of law, considering that
under the Constitution, the Philippines
adopts the generally accepted principles of
international law as part of the law of the
land. Ebro III vs. National Labor
Relations Commission, 261 SCRA
399(1996)
The grant of immunity from local
jurisdiction to the International Catholic
Migration Commission and the Inter-
national Rice Research Institute is clearly
necessitated by their international character
and respective purposes. The objective is to
avoid the danger of partiality and
interference by the host country in their
internal workings. International Catholic
68
Migration Commission vs. Calleja, 190 SCRA
130 [1990])
There can be no dispute that international officials
are entitled to immunity only with respect to acts
performed in their official capacity, BUT NOT
PRIVATE ACTS. BUT who will determine
whether it is private acts? Answer: The local court.
Liang vs. People, 355 SCRA 125(2001)
B. APPLICATION
 The proscribed suit that the state immunity
principle covers takes on various forms,
namely: a suit against the Republic by
name; a suit against an unincorporated
government agency; a suit against a
government agency covered by a charter
with respect to the agency’s performance of
governmental functions; and a suit that on
its face is against a government officer, but
where the ultimate liability will fall on the
government. Professional Video, Inc. vs.
Technical Education and Skills
Development Authority, 591 SCRA
83(2009)
 Damage suit against public official
requiring appropriation although the state is
not impleaded. (Garcia vs. Chief of Staff,
16 SCRA 120); BUT NOT when an
appropriation has been made and the suit is
to compel payment (Ruiz and Herrera vs.
Cabahug, et al., 102 Phil. 110(1957)]
 Or when public officers are sued in the
performance of their duties (CALUB vs.
CA, 331 SCRA 55)
 But not when sued in their individual
capacity…for whatever damage he may
have caused by his act done with malice
and in bad faith, or beyond the scope of his
authority or jurisdiction. Shauf vs. Court
of Appeals, 191 SCRA 713(1990); United
States of America, Bradford vs. Reyes,
219 SCRA 192(1993)
  Although the military officers and
personnel, then party defendants,
were discharging their official
functions when the incident
occurred, their functions ceased to
be official the moment they
exceeded their authority. Republic
vs. Sandoval, 220 SCRA
124(1993)
 A sovereign State does not merely
establish a diplomatic mission and
leave it at that; the establishment of
a diplomatic mission encompasses
its maintenance and upkeep. Hence,
the State may enter into contracts
with private entities to maintain the
premises, furnishings and
equipment of the embassy and the
living quarters of its agents and
officials. Republic of Indonesia vs.
Vinzon, 405 SCRA 126(2003)
It may at once be stated that even if
the private respondent enjoys
diplomatic immunity, a dismissal of
the case cannot be ordered on the
ground of lack of jurisdiction over
his person, but rather for lack of a
cause of action because even if he
committed the imputed act and could
have been otherwise made liable
therefor, his immunity would bar any
suit against him in connection
therewith and would prevent
recovery of damages arising
therefrom. Minucher vs. Court of
Appeals, 214 SCRA 242(1992)
Recognition by the executive
department of state status conclusive
upon the court. (HOLY SEE v.
Rosario, 12/1/94)
EXCEPTIONS:
1. Waiver
69
a. Express Consent – by law-Act No.
3083; CA 327, amended by PD1445;
but can’t be given by govt. lawyer-
REPUBLIC V. PURISIMA, 78
SCRA 470
 waiver of immunity does not mean
liability; suability is not equivalent to
liability; municipal corporations are
suable because their charters grant them
the competence to sue and be sued.
Nevertheless, they are generally not liable
for torts committed by them in the
discharge of governmental functions and
can be held answerable only if it can be
shown that they were acting in a
proprietary capacity. Municipality of
San Fernando, La Union vs. Firme, 195
SCRA 692(1991)
b. Implied Consent
o state commences litigation seeking
affirmative relief-FROILAN V.
PAN ORIENTAL, 9/30/50, but
not if the intervention was merely
to resist the claim (LIM V.
BROWNELL, 107 Phil 345)
Restrictive theory holds that the immunity of
the sovereign is recognized only with regard to
public acts or acts jure imperii, but not with
regard to private acts or acts jure gestionis.
Republic of Indonesia vs. Vinzon, 405 SCRA
126(2003)]
Acts imperii:
 conduct of public bidding for the repair of a
wharf at a United States Naval Station (U.S. v.
Ruiz, 136 SCRA 487)
 or engaging services of security agency to
protect its properties -Dept. of Agriculture v.
NLRC, 11/11/93
 TESDA performs governmental function of
handling of formal and non-formal education
and training, and skills development.
 Professional Video, Inc. vs. Technical
Education and Skills Development
Authority, 591 SCRA 83(2009)
Acts jure gestionis
 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, U.S. v. Rodrigo,
182 SCRA 644
 the bidding for the operation of barber
shops in Clark Air Base in Angeles City.
USA V. Guinto, 182 SCRA 644
Immunity of Government Agencies-
-Incorporated-see charter
-Unincorporated- If PRIMARILY
performing government functions, NO-
Bureau of Printing vs. Bureau of
Printing Employees Assn., 1 Scra 340;
MOBIL v. Customs Arrastre Service,
18 SCRA 1120;
2. No immunity if injustice results-
 Taking of property without filing
expropriation case and payment of
just compensation. Ministerio v.
Court of First Instance of Cebu,
40 SCRA 464, (1971)
 Or recover possession of the portion
of land in question at anytime
because possession is one of the
attributes of ownership. However,
since restoration of possession of
said portion by the government is
neither convenient nor feasible at
this time because it is now and has
been used for road purposes, the
only relief …due compensation.
Amigable vs. Cuenca, 43 SCRA
360(1972)]
 Failure to abide by the conditions
under which a donation was given
should not prove an insuperable
obstacle to a civil action the consent
likewise being presumed.
70
SANTIAGO VS. REPUBLIC, 87 SCRA
294(1978)
Execution-
 State- Waiver of non-suability does not
include waiver against execution; the
issuance of an alias writ of execution
directed against the funds of the Armed
Forces of the Philippines to satisfy a final
and executory judgment is a nullity
REPUBLIC v. VILLASOR, 54 SCRA 84
 Same principle applies to local government
units. Municipality of San Miguel v.
Fernandez, 130 SCRA 56; but if the
amount has been appropriated, funds of the
municipal corporation may be garnished by
way of exception. City of Caloocan v.
Allarde, 410 SCRA 432; if there is
unjustified refusal, Mandamus will lie.
Municipality of Makati v. CA, 190 SCRA
206
Government agencies- Waiver of non-
suability includes waiver against execution-
PNB V. PABALAN, 83 SCRA 595
Miscellaneous:
Referral to the COA for determination of the
amount due based on quantum meruit for void
contracts (not per se) which benefited the
government. Vigilar vs. Aquino, 639 SCRA
772(2011)
Section 4. The Armed Forces of the Philippines
shall be composed of a citizen armed force which
shall undergo military training and serve, as may be
provided by law. It shall keep a regular force
necessary for the security of the State.
Section 5. (1) All members of the armed forces
shall take an oath or affirmation to uphold and
defend this Constitution.
(2) The State shall strengthen the patriotic
spirit and nationalist consciousness of the military,
and respect for people's rights in the
performance of their duty.
(3) Professionalism in the armed forces
and adequate remuneration and benefits of
its members shall be a prime concern of the
State. The armed forces shall be insulated
from partisan politics.
No member of the military shall engage
directly or indirectly in any partisan political
activity, except to vote.
(4) No member of the armed forces in
the active service shall, at any time, be
appointed or designated in any capacity to a
civilian position in the Government
including government-owned or controlled
corporations or any of their subsidiaries.
(5) Laws on retirement of military
officers shall not allow extension of their
service.
(6) The officers and men of the regular
force of the armed forces shall be recruited
proportionately from all provinces and cities
as far as practicable.
(7) The tour of duty of the Chief of
Staff of the Armed forces shall not exceed
three years. However, in times of war or
other national emergency declared by the
Congress, the President may extend such
tour of duty.
Section 6. The State shall establish and
maintain one police force, which shall be
national in scope and civilian in character, to
be administered and controlled by a national
police commission. The authority of local
executives over the police units in their
jurisdiction shall be provided by law.
Section 7. The State shall provide
immediate and adequate care, benefits, and
other forms of assistance to war veterans
and veterans of military campaigns, their
surviving spouses and orphans. Funds shall
be provided therefor and due consideration
shall be given them in the disposition of
agricultural lands of the public domain and,
in appropriate cases, in the utilization of
natural resources.
71
Section 8. 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.
Section 9. The State shall protect consumers
from trade malpractices and from substandard or
hazardous products.
Section 10. The State shall provide the policy
environment for the full development of Filipino
capability and the emergence of communication
structures suitable to the needs and aspirations of
the nation and the balanced flow of information
into, out of, and across the country, in accordance
with a policy that respects the freedom of speech
and of the press.
Section 11. (1) The ownership and management
of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or
associations, wholly-owned and managed by such
citizens.
The Congress shall regulate or prohibit
monopolies in commercial mass media when the
public interest so requires. No combinations in
restraint of trade or unfair competition therein shall
be allowed.
(2) The advertising industry is impressed with
public interest, and shall be regulated by law for the
protection of consumers and the promotion of the
general welfare.
Only Filipino citizens or corporations or
associations at least seventy per centum of the
capital of which is owned by such citizens shall be
allowed to engage in the advertising industry.
The participation of foreign investors in the
governing body of entities in such industry shall be
limited to their proportionate share in the capital
thereof, and all the executive and managing officers
of such entities must be citizens of the Philippines.
Section 12. The Congress may create a
consultative body to advise the President on policies
affecting indigenous cultural communities,
the majority of the members of which shall
come from such communities.
ARTICLE XVII
Amendments or Revisions
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.
C. AMENDMENT/ REVISION
72
a. PROPOSAL:
1). Congress
-directly-3/4 votes; separately
-call a constitutional convenion– 2/3 vote
-refer the decision to the people-by
majority vote
Congress, exercising its ordinary
legislative power may provide of details of
its Resolution as a constituent body for the
amendment or revision to the Constitution.
2) by People's Initiative
Defensor-Santiago v. Comelec, 3/19/97;
LAMBINO et al., vs. COMELEC, G.R.
No. 174153, October 25, 2006 (on
sufficiency of RA 6735; unavailability of
initiative on revision)
b. RATIFICATION :
Proper submission test-Gonzales v.
Comelec, 21 SCRA 774-even in a regular
election Tolentino v. Comelec, 41 SCRA
702-on ratification by installment ;
Javellana v. Exec. Sec. 50 SCRA 30
[1973]
c. JUSTICIABILITY-Gonzales v.
Comelec, supra; SANIDAD V. COMELEC, 73
SCRA 333
d. Constitutional convention as
independent but co-equal to the other
departments of government (MABANAG v.
Lopez Vito, 78 Phil 1)
ARTICLE XVIII
Transitory Provisions
Section 1. The first elections of the Members of
the Congress under this Constitution shall be held
on the second Monday of May, 1987.
The first local elections shall be held on a date to
be determined by the President, which may be
simultaneous with the election of the Members of
the Congress. It shall include the election of all
Members of the city or municipal councils
in the Metropolitan Manila area.
Section 2. The Senators, Members of the
House of Representatives, and the local
officials first elected under this Constitution
shall serve until noon of June 30, 1992.
Of the Senators elected in the election of
1992, the first twelve obtaining the highest
number of votes shall serve six years and the
remaining twelve for three years.
Section 3. All existing laws, decrees,
executive orders, proclamations, letters of
instructions, and other executive issuances
not inconsistent with this Constitution shall
remain operative until amended, repealed, or
revoked.
Section 4. All existing treaties or
international agreements, which have not
been ratified, shall not be renewed or
extended without the concurrence of at least
two-thirds of all the Members of the Senate.
Section 5. The six-year term of the
incumbent President and Vice-President
elected in the February 7, 1986 election is,
for purposes of synchronization of elections,
hereby extended to noon of June 30, 1992.
The first regular elections for the
President and Vice-President under this
Constitution shall be held on the second
Monday of May, 1992.
Section 6. The incumbent President shall
continue to exercise legislative powers until
the first Congress is convened.
Section 7. Until a law is passed, the
President may fill by appointment from a list
of nominees by the respective sectors the
seats reserved for sectoral representation in
paragraph (2), Section 5 of Article VI of this
Constitution.
73
Section 8. Until otherwise provided by the
Congress, the President may constitute the
Metropolitan Authority to be composed of the heads
of all local government units comprising the
Metropolitan Manila area.
Section 9. A sub-province shall continue to exist
and operate until it is converted into a regular
province or until its component municipalities are
reverted to the mother province.
Section 10. All courts existing at the time of
the ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided
by law. The provisions of the existing Rules of
Court, judiciary acts, and procedural laws not
inconsistent with this Constitution shall remain
operative unless amended or repealed by the
Supreme Court or the Congress.
Section 11. The incumbent Members of the
Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to
discharge the duties of their office or are removed
for cause.
Section 12. The Supreme Court shall, within
one year after the ratification of this Constitution,
adopt a systematic plan to expedite the decision or
resolution of cases or matters pending in the
Supreme Court or the lower courts prior to the
effectivity of this Constitution. A similar plan shall
be adopted for all special courts and quasi-judicial
bodies.
Section 13. The legal effect of the lapse,
before the ratification of this Constitution, of the
applicable period for the decision or resolution of
the cases or matters submitted for adjudication by
the courts, shall be determined by the Supreme
Court as soon as practicable.
Section 14. The provisions of paragraphs (3)
and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed
before the ratification of this Constitution, when the
applicable period lapses after such ratification.
 Section 15. The incumbent Members
of the Civil Service Commission, the
Commission on Elections, and the
Commission on Audit shall continue in
office for one year after the ratification of
this Constitution, unless they are sooner
removed for cause or become incapacitated
to discharge the duties of their office or
appointed to a new term thereunder. In no
case shall any Member serve longer than
seven years including service before the
ratification of this Constitution.
Section 16. Career civil service
employees separated from the service not for
cause but as a result of the reorganization
pursuant to Proclamation No. 3 dated March
25, 1986 and the reorganization following
the ratification of this Constitution shall be
entitled to appropriate separation pay and to
retirement and other benefits accruing to
them under the laws of general application
in force at the time of their separation. In
lieu thereof, at the option of the employees,
they may be considered for employment in
the Government or in any of its
subdivisions, instrumentalities, or agencies,
including government-owned or controlled
corporations and their subsidiaries. This
provision also applies to career officers
whose resignation, tendered in line with the
existing policy, had been accepted.
Section 17. Until the Congress
provides otherwise, the President shall
receive an annual salary of three hundred
thousand pesos; the Vice-President, the
President of the Senate, the Speaker of the
House of Representatives, and the Chief
Justice of the Supreme Court, two hundred
forty thousand pesos each; the Senators, the
Members of the House of Representatives,
the Associate Justices of the Supreme Court,
and the Chairmen of the Constitutional
Commissions, two hundred four thousand
pesos each; and the Members of the
Constitutional Commissions, one hundred
eighty thousand pesos each.
74
Section 18. At the earliest possible time, the
Government shall increase the salary scales of other
officials and employees of the National
Government.
Section 19. All properties, records,
equipment, buildings, facilities, and other assets of
any office or body abolished or reorganized under
Proclamation No. 3 dated March 25, 1986 or this
Constitution shall be transferred to the office or
body to which its powers, functions, and
responsibilities substantially pertain.
Section 20. The first Congress shall give
priority to the determination of the period for the
full implementation of free public secondary
education.
Section 21. The Congress shall provide
efficacious procedures and adequate remedies for
the reversion to the State of all lands of the public
domain and real rights connected therewith which
were acquired in violation of the Constitution or the
public land laws, or through corrupt practices. No
transfer or disposition of such lands or real rights
shall be allowed until after the lapse of one year
from the ratification of this Constitution.
Section 22. At the earliest possible time, the
Government shall expropriate idle or abandoned
lands as may be defined by law, for distribution to
the beneficiaries of the agrarian reform program.
Section 23. Advertising entities affected by
paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its
ratification to comply on a graduated or
proportionate basis with the minimum Filipino
ownership requirement therein.
Section 24. Private armies and other armed
groups not recognized by duly constituted authority
shall be dismantled. All paramilitary forces
including Civilian Home Defense Forces not
consistent with the citizen armed force established
in this Constitution, shall be dissolved or, where
appropriate, converted into the regular force.

Section 25. After the expiration in
1991 of the Agreement between the
Republic of the Philippines and the
United States of America concerning
Military Bases, foreign military bases,
troops, or facilities shall not be allowed
in the Philippines except under a
treaty duly concurred in by the
Senate and, when the Congress so
requires, ratified by a majority of the
votes cast by the people in a national
referendum held for that purpose, and
recognized as a treaty by the other
contracting State.
commenced within six months from the
issuance thereof.
The sequestration or freeze order is deemed
automatically lifted if no judicial action or
proceeding is commenced as herein provided.
Section 27. This Constitution shall take
effect immediately upon its ratification by a
majority of the votes cast in a plebiscite held
for the purpose and shall supersede all previous
Constitutions
Ratified: February 2, 1987

VFA upheld-BAYAN vs. ZAMORA,

342 SCRA 449

BUT NICOLAS vs. ROMULO, 578

SCRA 438, [2009] struck down the
KENNEY-ROMULO agreement on
detention facilities.

Section 26. The authority to issue

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

A sequestration or freeze order shall

be issued only upon showing of a prima
facie case. The order and the list of the
sequestered or frozen properties shall
forthwith be registered with the proper
court. For orders issued before the
ratification of this Constitution, the
corresponding judicial action or
proceeding shall be filed within six
months from its ratification. For those
issued after such ratification, the
judicial action or proceeding shall be
75