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Article I: National Territory

Components of the National Territory of the Philippines

1. Philippine Archipelago with all the islands (7,107 Islands) with the aerial territory.

2. All other territory which the Philippines has sovereignty and jurisdiction.

3. Terrestrial, aerial, fluidal domain (waters) including the seabed, sub soil, insular shelves, territorial sea and sub marine areas.

4. Internal Water of the Philippines.

Waters

1. External Water- water that surrounds the Philippines.

2. Internal Water- water that can be located in lands such as the lake, rivers, etc

3. International Water (Open Sea)- portion of the earths water wherein no state takes it a part of its territory such as the Pacific
Ocean.

Other Areas Included in Philippine Archipelago

1. Territorial Sea- 12 Nautical miles from the shore line. Known as marginal sea, marginal belt, marine belt.

2. Seabed- land that holds the sea including the minerals and natural resources.

3. Subsoil- everything beneath the surface soil and sea bed including the minerals and natural resources.

4. Insular Shelves

The Philippines being an archipelago is using the Archipelago Doctrine in determining its territorial sea. By using this doctrine,
Philippines should be regarded as a one single unit instead of islands. From the sea shores of the Philippines, we measure 12 Nautical
Miles to determine its territorial sea.

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

Republican Government- democratic government by representation chosen by the people at large.

Philippines Government- is a republican democracy, which features the characteristics of a democracy such as initiative and
referendum. It adapts international law.

Manifestation of a Democratic and Republican State

1. The Existence of a Bill of Rights

2. The observance of the Rule of the Majority

3. The observance of the principle that ours is a government of Laws and not of men.

4. The presence of election through popular will

5. The Observance of the principle of separation of powers and the system of checks and balances

6. The observance of the principle that the legislation cannot pass irrepealable laws

7. The observance of the law on Public officers

8. The observance of the principle that a state cannot be sued without its consent.

Sovereignty of the people

1. Exercised indirectly through public officials- people choose who will represent them.

2. Exercised directly through suffrage- by voting/choosing who will sit in a certain position in the government (election).

Adoption of the International Law as part of the Philippine Law


1. When international usage to be applied- when absence of a treaty between two country, International Law must be used to judge
the certain case.

2. A treaty has the force of a statute

3. Constitution prevails over a treaty- when a certain treaty violates the constitution, it is considered to be null and void.

Existence of war- may be declared only by the congress. At least two-thirds vote of the representatives is needed in both houses.
Philippine Government may only declare a defensive war.

Military and Civil Service by the People

1. Defense of the State performed through an army- people are required to defend the state against any possible invasion.

2. Compulsory

3. Civil Service

4. Personal- must be done personally

5. By law

Principle of Separation of Church and state- states that the religion and state must be separated. Meaning the government cannot give
any budget to build or to support a religion.

Article III: Bill of Rights

Bill of Rights- declaration and enumeration of the individual rights and privileges which the constitution had designed to protect
against violation of the Government or by individual or group of individuals.

Classes of Right

1. Natural Rights- right of each individual without being granted by the state.

2. Constitutional Rights- rights that are being stated in the Constitution.

3. Statutory Rights- rights that are being given by a certain statute.

Classification of the Constitutional Rights

1. Political Rights- power to participate.

2. Civil Rights- right of someone to enjoy their means of happiness

3. Social and Economic Rights- security of their well-being and economic security of each individual.

4. Rights of the Accused- right being made intended to those being accused.

Some of the Rights Stated in Article III

1. Right of life- right to choose freely.

2. Right to own a property- it is the right of an individual to own a property without any threat being

faced. The government should not confiscate anything that an individual owns without the due

process of law.

Eminent Domain- it is the power of the government to acquire any private property provided that the acquiring of the property is
intended for the use of the Public and there is a due process of law that had undergo between the Government and Private property
owner.

3. Right of Liberty- it is the right of an individual to go anywhere he likes.

4. Right to be secured from any unreasonable searches and seizures- it is the right of an individual to be safeguarded from any
searches and seizures being made in his house, documents and property without a search warrant or a warrant of arrest.

Warrant of Arrest- an order in writing signed by a judge stating that a person should be arrested.
Search Warrant- an order in writing signed by a judge stating for a search for a something.

5. Right of Privacy- it is the right to be left alone.

6. Right of Speech and expression of ideas- individual right which is to be used to express emotion, ideas about a certain issue or
anything provided that there is no violation of anyones right and does not put in danger the Government.

7. Right to choose freely a Religion-There is a clear separation of the Government and the church. So it is given that any individual
has the right to choose his religion and follow its practices without the violation of the law.

8. Right to form a Union, Association or Societies.

9. Right to Assembly

10. Right to Petition

Some of the Rights given to the accused

11. Right to have a free access to the courts and to have an adequate legal assistance.

12. Right to remain silent

13. Right against the use of force, torture, violence, threat, intimidation and any other means which vitiates the free will.

14. Right to undergo the process of law in times of any criminal offense.

15. Right to have a Speedy Trial

16. Right to confrontation of the witness

17. Right against self-incrimination

18. Right against illegal detention by reason of Political beliefs and aspirations

19. Right against excessive fines- a fine given to a person should be based on the two categories.

20. Right against double jeopardy.

The Principle of the Poisonous Tree

-it is the principle which states that any evidence acquired illegally will not be used in any trial proceedings. It is due to the fact that in
the acquiring of those illegal evidences had undergo a violation of the law in which is not allowable by the constitution.

In any right vested by the constitution, there should be an observation of the law. Any violation of the law in the exercising of those
rights is to be considered as a crime.

ARTICLE IV: CITIZENSHIP

Citizen- is a member of a political community. He owes allegiance to the state. Example a Filipino who lives in Philippines is a
Filipino Citizen.

National- is not a part of a political community. He owes allegiance to the State. Example a Filipino who lives in Dubai is a Filipino
National.

The Principles in Acquiring Citizenship

1. Jus Sanguinis- a principle which talks about the parents of a child. If the parent/s of a child is a Filipino he is considered as
Filipino. This principle is being practiced in Philippines.

2. Jus Soli/Loci- a principle which tends to determine a childs citizenship by referring to childs birth place. Example in America,
when a Filipino got a child in America, his child is considered to be an American Citizen. This is not being practiced in the
Philippines.

Acquiring Citizenship

1. Involuntary (Natural born Citizen)- citizenship by birth


2. Voluntary (Naturalized Citizen)- citizenship by applying (Naturalization). Example an Arab wants to be a Filipino Citizen, he
can apply for it if also he met the requirements in Naturalization Process.

Citizens of the Philippines according to Article IV Section I

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution.

- People who are present in the Philippines during the adoption of the constitution is a Filipino Citizen.

2. Those whose fathers or mothers are citizens of the Philippines.

- Child whos parent is a Filipino is considered as Filipino. This is based on the Jus Sanguinis Principle.

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

- To clean up the mess of the 1935 Constitution which say that if a Filipina married a Foreigner her child is not a Filipino, this
sub paragraph was made. This state that anyone born before January 17, 1973 of Filipino mother is a Filipino.

4. Those who are naturalized in accordance with law.

- This Naturalization process can be given by Judicial, Administrative Process or by the Act of the Congress thru Republic Act.

A Naturalized Citizen of the Philippines has its limit. Limit in term of running in a Political Positions and in applying Jobs. This is due
to the fact that a Naturalized Citizen might not have its loyalty to the Philippines. He might have been a spy and might betray
Philippines. Whereas the Natural born Filipino enjoys all the privileges.

In the Philippine constitution, having a dual Citizenship is allowed but having a dual allegiance of citizenship is prohibited for a fact
that he might betray the Philippines.

Article VI: Legislative Department

Legislative power- the power to make, alter, and repeal laws.

Laws being describe is the Statutory Laws

Functions of Law

1. Defines the right and duties of the citizens

2. Imposes taxes

3. Appropriate funds

4. Defines crimes and provides their punishment

5. Creates and abolishes Government Offices

Legislative branches

1. House of Senate- composes of senators

2. House of Representative- composes of different congressman

The Legislative body in the Philippines is in Bicameralism form.

Powers of the Congress

1. General Legislative Power- enact laws

2. Specific Powers

a. Choose who will be the President in case of the temporary disabilities/death of the incumbent President.

b. Confirms appointments made by the President through the Congress Commission on Appointments.

c. Promotes social Justice

d. Imposes Taxes
e. Impeach a high position government Official

f. Act as constituent Assembly in case of any changes being made in the constitution

3. Implied Power- power needed to enact a law

4. Inherent Power

a. Eminent Domain- acquiring any private property to be used for the use of the Public.

b. Power of Taxation- creating laws regarding taxation

c. Police Power- enacting law through the help of the Police Force

Principle of Checks and Balances Implied on Legislative

1. Legislative is being check by the Executive Branch through checking the Laws made by the Congress. Any bill without the
signature of the President is void. The President can disapprove the bill being submitted.

2. Presidents veto (disapproval of a bill) can be removed by a voting of the House of Representative. There must be at least 2/3
vote of the total Representative must be gathered to override the veto.

3. Laws created by the Congress also is being confirmed by the Judiciary by check it if it does not violate the constitution.

The House of Senate

- There are 24 senators. They have a 6 years term. The senate is being alternately being elected, meaning every election only 12
senator sits are vacant while the remaining 12 is still in the position.

Qualification of a Senator

a. Natural Born Citizen of the Philippines

b. At least 35 Years of Age

c. Able to read and write

d. Must be A registered voter.

- Two consecutive term is not allowed

House of Representative

- There are 250 Representatives/congressmen.

- Composes of Different provincial representative and different party list.

- They have 3 years term.

Qualification of a Congressman

a. Natural Born Citizen of the Philippines

b. At least 25 years of Age

c. Able to read and write

- 3 consecutive term is not allowed

Party List

- It is the 20% of the number of congressmen.

- Representative of different sectors such as the teens, woman, athletes.

Kind of Election for the Members of the Congress

1. Regular Election
2. Special Election- happens only if there is vacancy is the congress.

Stages of Legislative Enactment/ Passage of a Bill

1. First Reading- the bill is only being read by its title and number together with the name/s f the author/s.

2. Referral to the appropriate committee- it will be referred to the appropriate committee for study and consideration. Revision
may be made depending on the public hearing results to be conducted by the certain committee.

3. Second Reading- the bill is being read in its entirely together with the amendments proposed by the committee.

4. Debates- authors are given time to deliver his speech to convince his colleagues and to make his co-legislators be in favor of the
authors bill which is needed in the voting of the approval of the bill.

5. Printing and Distribution- after all the proposed amendments has been presented during the debate, the bill

Article VII: Executive Department

Executive Power- power to administer the laws.

Qualification of the President

1. Natural Born Citizen of the Philippines

2. A registered voter

3. Able to read and write

4. At least 40 years of age.

5. Resident of the Philippines for at least 10 year

Power of the President

1. Veto Power- reject or disapprove any bill passed by the congress

2. Appointing power- to appoint its cabinet members and other officials of the military and civil service. This certain appointment
is subject to the confirmation of the Congress Commission on Appointment

3. Reprieve- postponed the date of execution of a convict from a definite date to other definite time.

4. Suspension of Sentence- postponement of a sentence without a given definite time when will be the sentence be executed.

5. Commutation- to lower a certain punishment given to a convict to a lower crime.

6. Pardoning- to forgive and release the convict from imprisonment

7. Amnesty- act of forgetfulness by the president to a person who committed an offense undermining the sovereignty of the state

8. Commander-in-Chief of the Armed Forces of the Philippines

9. Declare Martial Law- to be confirmed by the congress

10. Suspend the Privilege of the writ of habeas corpus

Restrictions to Declare a Martial or suspend Habeas Corpus

1. There must be an actual invasion or rebellion on a certain area (province, city, etc)

2. The period must not exceed 60 days unless extended by the congress

3. President must submit a report in person or in writing to the congress within 48hours of proclamation or suspension which will
guide the congress in deciding the action it should take, i.e., revocation or extension;

4. Proclamation or suspension may be made by the Congress by voting.

5. The Supreme Court may inquire into the sufficiency of the factual basis of the proclamation or suspension of a Martial Law or
Habeas corpus.
Article VIII: Judiciary Department

Judiciary- watch dog of the Legislative and Executive Department

Judicial Power

1. Adjudicatory power- power to use law to solve an issue and to determine the abuses made.

2. Judicial Review- reviewing of the validity of the laws

3. Incidental Power- Judgement of contempt.

Kind of Offense

1. Criminal Case- an offense which affect the community such as killings, massacre, and etc

2. Civil Case- an offense which affect two or more individual such as failure to comply to a contract.

Classification of Court According to Origin

1. Constitutional Court- the Supreme Court, the only Court mandated by the constitution to be created.

2. Statutory Curt- courts created by the law (Lower Court)

Classification of Court According to Case

1. Special Court- court which has a limited jurisdiction

a. Court of Tax Appeal- court which hold the cases related to tax

b. Sandigan Bayan- court which hold the cases related to graft and corruption. Has 14 Associate Justices.

c. Court of Appeals- court on which hold the cases being appeal to be rejudged.

d. Shariah Court- court which holds the cases of civil offenses related to Muslims.

2. Regular Court- those court which handles those common cases

Composition of Supreme Court

1. One Chief Justice

2. Fourteen Associate Justices

Qualification of a Chief Justice

1. Natural Born Citizen of the Philippines

2. At least 40 years of age

3. Must have 15 years or more been judge of a lower court or engaged in the practicing law in the Philippines

4. Must be a person of a proven competence, integrity, probity, and independence.

5. Must be a Member of Integrated Bar of the Philippines

Appointment of a Chief Justice/ associate justices

- A certain list of people must be submitted by the Judicial and Bar Council to the President.

- The President will appoint the Justice but it cannot remove any justice being appointed.

- Retirement age is 70 year old.

Article XI: Accountability of the Public Officers

Public Office is the right, authority, and duty created and conferred by law by which a given period either fixed by law or enduring at
the pleasure of the appointing power.

Nature of Public Office


1. Public Trust- means Public Office Position should be of rendering service to the public.

2. Public Office is not a Property- the holder of the office should not claim that he as the full right and he owns his position.

3. Public Office is not a Contract- anyone being removed from the office should not blame the government for any damages he sue
after being removed.

Impeachment method of national inquest into the conduct of Public Men.

Officials to be removed by the Impeachment

1. President and Vice-President

2. Member of the Supreme Court

3. Members of the Constitutional Commission

4. Ombudsman

Grounds for Impeachment

1. Culpable Violation of the Constitution- willing to violate the constitution.

2. Treason- giving alliances other than the Republic of the Philippines.

3. Bribery- accepting gift which has a certain exchange.

4. Betrayal of the Public Trust- loss of the trust of the public

5. Other High Crimes

Steps on an Impeachment Trial

1. Filling of an Impeachment complain from the House of Representatives.

2. A required vote f 1/3 of the Member of House.

3. Impeachment Trial in the Senate.

4. 2/3 vote of the senators to decide the faith of the one being impeached.

Penalty in Impeachment Case

1. Removal to the Office.

2. Disqualification to hold any office in the Republic of the Philippines.

The Ombudsman (Office of the Special Prosecutor)

-known as the Tanodbayan

-serves as the WATCHDOG of the Government Offices and Agencies.

Power of the Ombudsman

1. Investigate- made an investigation on a certain complain against a Government Officials

2. Prosecute- suggest a solution to the complain

Composition of the Ombudsman

1. One Over-all Deputy Ombudsman

2. One Deputy Ombudsman for the 3 Major Islands in the Philippines (Luzon, Visayas, Mindanao)

3. One Deputy Ombudsman on the AFP and law enforcing Agency.

Ombudsman Personnel Appointment and Term of Office


1. A list of at least 6 candidate should be passed by the Judicial and Bar Council to the President. Confirmation of the Commission
on Appointment is not needed.

2. Qualifications:

a. Natural Born Citizen of the Philippines

b. Must be 40 years old on the time of their appointment

c. Must be member of Philippine Bar

d. Must have a recognized probity and independence

3. Term of Office seven years without reappointment in the Ombudsman.

ARTICLE V SUFFRAGE

Qualifications:

1) Citizen of the Philippines

2) Not Disqualified by law

3) At least 18 years old

4) Resident of the Philippines for at least 1 year

5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election.

Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage.

Residency requirement

Residency, under Article V has 2 senses:

1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.

2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one wants to vote. In
this case, residence can either mean domicile or temporary residence.

Disqualifications:

1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not been removed by
plenary pardon.

2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.

3) Insane or feeble-minded persons.

Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years after the service of
sentence.

ARTICLE X: LOCAL GOVERNMENT

Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE:

Composition:

1) Provinces

2) Cities;

3) Municipalities; and

4) Barangays

There shall be Autonomous regions in:

1) Muslim Mindanao, and


2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]

Note: 1) A third autonomous regions would require a constiutional amendment.

2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law.

3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGUs

Section 2. Local Autonomy

1) All political subdivisions shall enjoy local autonomy

2) This does not mean that the LGUs are completely free from the central government.

Judiciary may still pass on LGU actions

President may exercise disciplinary power over LGU officials.

Sec. 3. Congress shall enact a local government code which shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate
among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.

Section 4. PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President

1) The President exercises general supervision over all LGUs

2) The President exercises DIRECT supervision over

Provinces

Autonomous regions and

Independent cities.

3) This power is limited to ensuring that lower officers exercise their functions in accordance with law.

4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law.

5) The President may, however, impose administrative sanctions against LGU officials, such as suspension for 120 days, and may
even remove them from their posts, in accordance with law.

6) Provinces exercise direct supervision over component cities and municipalities.

7) Cities and municipalities exercise direct supervision over component barangays.

Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY
TAXES, FEES AND CHARGES ETC.

Limitations on Power

1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples.

2) The guidelines set by Congress should be consistent with the basic policy of local autonomy.

Accrual of taxes, fees, charges

The taxes, fees and charges shall accrue exclusively to the local governments.

Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE
AUTOMATICALLY RELEASED TO THEM

Internal Revenue Allotment (IRA)

1) Share of LGUs in national taxes is limited to the internal revenue taxes.


2) The share of each LGU should be released, without need of any further action, directly to the provincial, city, municipal or
barangay treasurer. Release is made on a quarterly basis within 5 days after the end of each quarter.

3) The share of each LGU should not be subject to any lien or holdback that may be imposed by the national government for
whatever purpose.

4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects.

5) Adjustments in IRA

Ground: Unmanageable public section deficit

President can make the necessary adjustments in the IRA upon the recommendation of the following:

Department of Finance Secretary

DILG Secretary

DBM Secretary

6) IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTH

Share of LGUs in national wealth

1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their
respective areas in the manner provided by law.

2) This includes share the same with the inhabitants by way of direct benefits.

Under the LGC

1) LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from

Mining taxes

Royalties

Forestry and fishery charges

Other taxes, fees and charges

Share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth
w/in their territorial jurisdiction

Sec. 8. TERM OF OFFICE

Term of Office

Elective local officials, now including barangay officials have a term of 3 years.

Limitations:

1) No elective official shall serve for more than 3 consecutive terms

2) Voluntary renunciation of 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.

Sec. 9. SECTORAL REPRESENTATION IN LGUS

Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law

There should be representatives from:

1) The womens sector

2) The workers
3) Third sector (can choose from any of the following)

A) Urban poor

B) Indigenous cultural communities

C) Disabled persons

D) Any other sector as may be determined by the sanggunian

Election of Sector Representatives

Sec. 10. Creation, abolition and division of LGUs

1) Requisites

Compliance with the requirements of the Local Government Code; and

Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected.

2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include voters of the ENTIRE province, and
not just the area to comprise the new province.

3) LGC requirements relate to matters such as population, revenue, and area requirements.

Sec. 11. Metropolitan political subdivisions

Creation:

1) Congress may create special metropolitan political subdivisions by law.

2) It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1) The component cities and municipalities retain their basic autonomy

2) They shall be entitled to their own local executive and legislative assemblies.

Sec. 12. CITIES

Classification of Cities:

1) Highly urbanized (as determined by law)

2) Component cities (cities still under provincial control); and

3) Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter from voting in
provincial elections)

Independence from the Province

1) Highly urbanized cities and independent component cities are independent of the province.

2) Component cities whose charter contain no such prohibition are still under the control of the province and its voters may still
vote for elective provincial officials.

Section 13. Coordination among LGUS

Consolidation and Coordination of Efforts, Services and Resources

1) It is optional on the part of LGUs as shown by the use of the word may

2) It can be done for purposes commonly beneficial to them in accordance with the law.
Under LGC (Section 33)

1) Consolidation and coordination may be done through appropriate ordinances.

2) A public hearing should be conducted and the approval of the sanggunian obtained.

3) An LGU can:

Contribute funds, real estate, equipment and other kinds of property

Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through Memoranda of
Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDC

The President shall provide for RDC or other similar bodies composed of:

Composition

1) Local government officials

2) Regional heads of departments and other government offices

3) Representatives of NGOS within the regions

For Purpose of

1) Administrative decentralization

2) To strengthen local autonomy

3) To accelerate the economic and social growth and development of the units in the region

Section 15. AUTONOMOUS REGIONS

Where:

1) Muslim Mindanao

2) Cordillera region

Factors:

1) Historical heritage

2) Cultural heritage

3) Economic and social structures,

4) Other relevant characteristics within:

The framework of the consititution

National sovereignty

Territorial integrity.

Creation:

1) Provided by law.

2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the
constituent units.

3) Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous
region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the constitution requires more than one
province to constitute one (like what happened in the Cordillera plebiscite)

5) The question of which LGUs shall constitute an autonomous region is one which is exclusively for Congress to decide.

Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

By Whom:

The President

Purpose:

To ensure that the laws are faithfully executed.

Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested
in the National Government.

Examples:

1) Foreign relations,

2) National defense and Security

3) Monetary Affairs

Section 20. LEGISLATIVE POWERS

The Organic Act of Autonomous Region shall provide for legislative powers over:

1) Administrative organization;

2) Creation of sources of revenues;

3) Ancestral domain and natural resources

4) Personal, family and property relations

5) Regional, urban, and rural planning development;

6) Economic, social, and tourism development;

7) Educational policies;

8) Preservation and development of the cultural heritage; and

9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Limitations:

1) Subject to the provisions of the Constitution and national laws

2) To be exercised within its territorial jurisdiction

Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY

Peace and Order

It shall be the responsibility of the local police agencies.

Defense and Security

It shall be the responsibility of the national government.

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICER

Section 1: PUBLIC OFFICE AS 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: IMPEACHMENT/REMOVAL FROM OFFICE

Impeachment: (as means of removal from office)

1. Who may be impeached:

President

VP

SC Justices

Constitutional Commission members

Ombudsman

2. Grounds

Culpable violation of the Constitution

treason

bribery

graft and corruption

other high crimes or

betrayal of public trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.

These officers cannot be charged in court with offenses that have removal from office as penalty.

The President cannot be charged with murder.

A SC Justice cannot be disbarred because this would disqualify him from his position.

BUT AFTER an official has been impeached, he can be charged with the appropriate offense.

Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be impeached

All Other Public Officers and Employees

1. They may be removed from office as provided by law

2. BUT: NOT by impeachment

Section 3: PROCEDURE FOR IMPEACHMENT

Exclusive Power of House of Representatives

The House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:

1. Filling of verified complaint

Can be filed by:

Any member of the House of Representatives or

Any citizen upon a resolution of endorsement by any Member of the House or

By at least 1/3 of all the Members of the House of Representatives

2.) Inclusion of complaint in the order of business with 10 session days


3.) Referral to proper Committee within 3 session days thereafter

4.) Submission of Committee report to the House together with corresponding resolution

There should be a hearing

There should be a majority vote of the members

The report should be submitted within 60 days from referral, after hearing, and by a majority vote of ALL its members.

5.) Calendaring of resolution for consideration by the House

Should be done within 10 session days from receipt thereof

6.) Vote of at least 1/3 of all Members of the House necessary to:

Affirm a favorable resolution with the Articles of Impeachment of the Committee or

To override its contrary resolution

Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall
constitute the Articles of Impeachment. Trial in the Senate shall proceed.

7.) Trial in the Senate

Senate has the sole power to try and decide all cases of impeachment

For this purpose, the Senators shall be under oath or affirmation

When the President of the Philippines is on trial, the CJ of the Supreme Court presides. However, he/she will not vote.

8.) Judgment of Conviction

This requires the concurrence of 2/3 of all the Members of the Senate

9.) Effect of the Impeachmen

Removal from office of the official concerned

Disqualification to hold any office under the Republic of the Philippines

Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime.

Section 4: SANDIGANBAYAN

Sandiganbayan = the anti-graft court

Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN

Composition:

1.) Ombudsman/Tanodbayan

2.) Overall deputy

3.) At least one Deputy each for Luzon, Visayas and Mindanao

4.) Deputy for military establishment may be appointed

Qualifications: (Ombudsman and his deputies)

1.) Natural born citizen of the Philippines

2.) At least 40 years old at time of appointment

3.) Of recognized probity and independence

4.) Member of the Philippine bar

5.) Must not have been candidate for any elective office in the immediately preceding election
6.) For Ombudsman: He must have been for ten years or more

A judge or

Engage in the practice of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2)

1.) Cannot hold any other office or employment during his tenure

2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by
the functions of his office

3.) Cannot 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 GOCCs or their subsidiaries.

Appointment

1. Of Ombudsman and deputies

By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be filled from a list of 3
nominees

Appointments do NOT require confirmation

All vacancies shall be filled within 3 months after they occur.

2. Of other officials and employees of the Office of the Ombudsman

By the Ombudsman

In accordance with Civil Service Law

Term: (Ombudsman and deputies)

1. 7 years with reappointment

2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office

Rank/Salaries:

1. The Ombudsman has the rank of Chairman of a Constitutional Commission

2. The Members have the rank of members of a Constitutional Commission

3. Their salaries cannot be decreased during their term of office.

Powers, Functions and Duties of the Office of the Ombudsman

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.

The SC held that the power to investigate and prosecute cases involving public officers and employees has been transferred to the
Ombudsman.

The Ombudsman may always delegate his power to investigate.

The power to investigate includes the power to impose preventive suspension.

This preventive suspension is not a penalty.

INVESTIGATE does not mean preliminary investigation.

The complaint need not be drawn up in the usual form.

The ILLEGAL act or omission need not be in connection with the duties of the public officer or employee concerned.

ANY illegal act may be investigated by the Ombudsman. In this regard, the Ombudsmans jurisdiction is CONCURRENT with that
of the regular prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite
any act of duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken by the officers concerned.

The public official or employee must be employed in:

(I). The Government

(II). Any subdivision, agency, or instrumentality thereof; or

(III). GOCCs with original charters

The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they are under
the Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or employee at fault, and recommend his
removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

The Ombudsman does NOT himself prosecute cases against public officers or employees.

Final say to prosecute still rests in the executive department.

The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute.

4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law to furnish it with
copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds of
properties, and report any irregularity to COA 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.) Public matters covered by its investigation when circumstances so warrant and with due process.

7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and make
recommendations for their elimination and the observance of high standards of ethics and efficiency

8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public
officials or employees of the government, or any subdivision, agency or instrumentality including GOCCs and their subsidiaries. In
appropriate cases, it should notify the complainants of the action taken and the result thereof.

Fiscal Autonomy

The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be automatically and regularly
released.

Section 7: OFFICE OF THE SPECIAL PROCECUTOR

1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor

2. Powers

It will continue to function and exercise its powers as now or hereafter may be provided by law

Exception: Powers conferred on the Office of the Ombudsman

3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman

Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases.

Section 15: RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel


1.) 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.

2.) Their right to prosecute criminally these officials and employees may prescribe.

Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

Coverage:

This prohibition applies to:

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Members of Supreme Court

6.) Members of Constitutional Commissions

7.) Ombudsman

8.) Any firm or entity in which they have controlling interest

When prohibition applies:

Prohibition applies during their TENURE.

Scope of prohibition:

1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES:

Loans

Guarantees

Other forms of financial accommodation

From:

Government owned or controlled banks; or

Government owned or controlled financial institutions.

2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply.

Section 17: Statements of assets, liabilities and net worth

When submitted:

Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and
as often as required under the law.

When declaration shall be disclosed to the public:

These declarations shall be disclosed to the public in a manner provided by law in the case of:

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Justices of the Supreme Court


6.) Members of Constitutional Commissions

7.) Other constitutional office

8.) Officers of the armed forces with general or flag rank

Section 18: Allegiance of public officers and employees

Allegiance to the State and to the Constitution

Change in Citizenship/Immigrant Status

1.) Incumbent public officers and employees who seek either:

Change his citizenship; or

Acquire immigrant status in another country

Shall be dealt with by law.

2.) If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the loss of the office by the
incumbent.

3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective offices.

The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they
expressly waive their status as such

This renunciation must be some other than, and prior to, the filling of the certificate of candidacy.

ARTICLE XII NATIONAL ECONOMY AND PATRIMONY

Sec. 1. GOALS OF THE NATIONAL ECONOMY

Three-fold goal:

1. More equitable distribution of opportunities, income and wealth;

2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and

3. Expanding productivity, as the key to raising the quality of life for all.

The State shall promote industrialization and full employment

1. It should be based on sound agricultural development and agrarian reform

2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be
competitive in both domestic and foreign markets.

Protection of Filipino enterprises

The State shall protect Filipino enterprises against unfair foreign competition and trade practices.

Role of Private Enterprises

Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base
of their ownership

Section 2. REGALIAN DOCTRINE

Distinction between Imperium and Dominium.

1. Imperium

Government authority possessed by the State which is appropriately embraced in sovereignty.

2. Dominium

The capacity of the State to own and acquire property.


It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural
resources.

Scope:

The following are owned by the State:

1. Lands of the public domain:

Waters

Minerals, coals, petroleum, and other mineral oils;

All sources of potential energy;

Fisheries;

Forests or timber;

Wildlife;

Flora and fauna; and

Other natural resources.

Alienation of Natural Resources

1. General Rule: All natural resources CANNOT be alienated

2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources

1. Shall be under the full control and supervision of the State

2. Means

A. The state may DIRECTLY UNDERTAKE such activities

B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with

Filipino citizen or

Corporation or association at least 60% of whose capital is owned by such citizens

3. Limitations:

A. Period: It should not exceed 25 years, renewable for not more than 25 years

B. Under terms and conditions as may be provided by law.

4. In case of water rights/water supply/fisheries/industrial uses other than the development of water power

The beneficial use may be the measure and limit of the grant.

Small-scale Utilization of Natural Resources

1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens

2. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers,
lakes, bays and lagoons.

Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils

1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale
exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and
conditions provided by law.

2. They should be based on the real contributions to economic growth and general welfare of the country.
3. In the agreements, the State should promote the development and use of local scientific and technical resources.

4. The President should notify Congress of every contract under this provision within 30 days from its execution.

5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth

1. The State shall protect its marine wealth in its

Archipelagic waters

Territorial sea &

EEZ

2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.a

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

1. Agricultural

2. Forest/timber

3. Mineral lands &

4. National Parks

Note:

1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President, upon
recommendation by the DENR.

2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded
does not mean it is no longer forest land.

Alienable lands of public domain

1. Only agricultural lands are alienable.

2. Agricultural lands may be further classified by law according to the uses to which they may be devoted.

Limitations regarding Alienable Lands of the Public Domain

1. For private corporations or associations

A. They can only hold alienable lands of the public domain BY LEASE

B. Period: Cannot exceed 25 years, renewable for not more than 25 years

C. Area: Lease cannot exceed 1,000 hectares

Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands.

2. For Filipino citizens

A. Can lease up to 500 hectares

B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.

Taking into account the requirements of conservation, ecology and development, and subject to the requirements of agrarian reform,
Congress shall determine by law the size of the lands of the public domain which may be acquired, developed, held or lease and the
conditions therefore.

Means by Which Lands of the Public Domain Become Private Land

1. Acquired from government by purchase or grant;

2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years.

A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other
sanction.

B. Here, in possession since time immemorial, presumption is that the land was never part of public domain.

C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land

D. Presumption is that land belongs to the State.

Section 4. 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 or
diminished, EXCEPT by law. Congress shall provide measures to prohibit logging in

a. Endangered forest and

b. Watershed areas for such period as it may determine.

Section 5. ANCESTRAL LANDS

Protection of Indigenous Cultural Communities

1. The State protects the rights of indigenous cultural communities to their ancestral lands

A. Subject to Constitutional provisions

B. Subject to national development policies and programs

2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations.

3. ANCESTRAL DOMAIN

A. It refers to lands which are considered as pertaining to a cultural region

B. This includes lands not yet occupied, such as deep forests.

Section 7. PRIVATE LANDS

General rule

1. Private lands CAN only be transferred or conveyed to:

A. Filipino citizens

B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens

2. Exceptions

A. In intestate succession, where an alien heir of a Filipino is the transferee of private land.

B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND, subject
to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title.

C. Foreign states may acquire land but only for embassy and staff residence purposes.

3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not
deprive ownership.

4. Restriction against aliens only applies to acquisition of ownership. Therefore:

A. Aliens may be lessees or usufructuaries of private lands

B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale.

5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by
non-Filipinos cannot acquire and own land, even for religious purposes.

Remedies to recover private lands from disqualified aliens:


1. Escheat proceedings

2. Action for reversion under the Public Land Act

3. An action by the former Filipino owner to recover the land

A. The former pari delicto principle has been abandoned

B. Alien still has the title (didnt pass it on to one who is qualified)

Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS

Power of Congress

1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of
whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may
be done when the national interest dictates.

2. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by
Filipinos.

National Economy and Patrimony

In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to
QUALIFIED Filipinos.

Section 11. FRANCHISES FOR PUBLIC UTILITIES

Power to grant:

1. Congress may directly grant a legislative franchise; or

2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGUs

Public utility

1. In order to be considered as a public utility, and thus subject to this provision, the undertaking must involve dealing directly with
the public.

2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility, and it leases the
same to the government. It is the government which operates the public utility (operation separate from ownership).

To whom granted:

1. Filipino citizens or

2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens.

Terms and conditions:

1. Duration: Not more than 50 years

2. Franchise is NOT exclusive in character

3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good
so requires.

Participation of Foreign Investors

1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate
share in its capital.

2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens.

Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS


1. Private corporations

Congress can only provide for the formation, etc of private corporations through a general law.

2. GOCCs

They may be created by:

a. Special charters in the interest of the common good and subject to the test of economic viability.

b. By incorporation under the general corporation law.

Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT

1. Temporary takeover or direction of operations:

A. Conditions

i. National emergency and

ii. When the public interest requires

B. May be used against privately owned public utilities or businesses affected with public interest.

C. Duration of the takeover: period of emergency

D. Takeover is subject to reasonable terms and conditions

E. No need for just compensation because it is only temporary.

2. Nationalization of vital industries:

A. Exercised in the interest of national welfare or defense

B. Involves either:

i. Establishment and operation of vital industries; or

ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the
government.

Section 19. MONOPOLIES

1. The Constitution does NOT prohibit the existence of monopolies.

2. The State may either regulate or prohibit monopolies, when public interest so requires.

3. Combinations in restraint of trade or unfair competition are prohibited.

Filipino citizenship or equity requirements:

ACTIVITY REQUIREMENTS

CITIZENSHIP AND/OR EQUITY

Exploitation of natural resources

1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

Operation of Public Utilities

1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

Acquisition of alienable lands of the public domain

1. Filipino citizens;
2. Corporations incorporated in RP, with 60% Filipino ownership;

3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and

4. Alien heirs as transferees in case of intestate succession.

Practice of ALL Professions

Filipino citizens only (natural persons)

*Congress may, by law, otherwise prescribe

Mass Media

1. Filipino citizens; or

2. Corporations incorporated in RP, and 100% Filipino owned 1. Filipino citizens; or

2. Corporations incorporated in RP, and 70% Filipino owned.

Educational institution

1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

EXCEPT: Schools established by religious groups and mission boards.

*Congress may, by law, increase Filipino equity requirements for ALL educational institutions.

Other economic activities Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher)
certain investment areas.

ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice

1) Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have more
in law.

2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice but
also political social justice.

Principal activities in order to achieve social justice

1) Creation of more economic opportunities and more wealth; and

2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable distribution of
wealth and political power.

Labor

Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution, what rights are
guaranteed, and what positive measures the state should take in order to enhance the welfare of labor.

Right to organize and to hold peaceful concerted activities

The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors.

The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law.

Right to participate in the decision making process of employers

The workers have the right to participate on matters affecting their rights and benefits, as may be provided by law. This
participation can be through

1) collective bargaining agreements,

2) grievance machineries,
3) voluntary modes of settling disputes, and

4) conciliation proceedings mediated by government.

Agrarian Reform

Goals:

Agrarian reform must aim at

1) efficient production,

2) a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own the
land they till, and

3) a just share of other or seasonal farmworkers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain

To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it becomes
necessary to deprive owners of their land in excess of the maximum allowed there is compensable taking and therefore the exercise of
eminent domain.

Reach of agrarian reform

It extends not only to private agricultural lands, but also to other natural resources, even including the use and enjoyment of
communal marine and fishing resources and offshore fishing grounds.

The Commission on Human Rights

Composition:

1) Chairman; and

2) 4 members

Qualifications:

1) Natural-born citizens of the Philippines;

2) Majority of the Commission must be members of the Philippine Bar;

3) Term of office, other qualifications and disabilities shall be provided by law;

4) The appointment of the CHR members is NOT subject to CA confirmation; and

5) The CHR is not of the same level as the COMELEC, CSC, or COA.

Powers:

1) Investigate all forms of human rights violations involving civil or political rights

A. Violations may be committed by public officers or by civilians or rebels.

B. CHR cannot investigate violations of social rights.

C. CHR has NO adjudicatory powers over cases involving human rights violations.

D. They cannot investigate cases where no rights are violated.

E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights
violation.

2) Adopt operational guidelines and rules of procedure.

3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the 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.

A. CHR can initiate court proceedings on behalf of victims of human rights violations.

B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute these cases.

C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. These must be obtained from
the regular courts.

5) Exercise visitorial powers over jails, prisons and other detention facilities.

6) Establish continuing programs for research, education and information in order to enhance respect for the primacy of human rights.

7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights
violations or their families.

8) Monitor compliance by the government with international treaty obligations on human rights.

9) 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 CHR investigation.

10) Request assistance from any department, bureau, office, or agency in the performance of its functions.

11) Appoint its officers and employers in accordance with law.

12) Perform such other functions and duties as may be provided for by law

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE, AND SPORTS

Education

Goals of the State:

The State shall promote and protect:

1) The right to quality education at all levels;

2) The right to affordable and accessible education; and

3) Education that is relevant to the needs of people and society.

Right to Education and Academic Freedom

The right to education must be read in conjunction with the academic freedom of schools to require fair, reasonable, and equitable
admission requirements.

Power to Dismiss Students

1) Schools have the power to dismiss students, after due process, for disciplinary reasons.

2) Acts committed outside the school may also be a ground for disciplinary action if:

a) It involves violations of school policies connected to school-sponsored activities; or

b) The misconduct affects the students status, or the good name or reputation of the school.

Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the
right to enter medical school by requiring the applicants to take the NMAT.

Free Education

1) The State shall maintain a system of free education in:


a) Elementary level, and

b) High school level.

2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion.

Educational Institutions

I. Filipinization

A. Ownership:

1). Filipino citizens, or

2). Corporations incorporated in RP and 60% Filipino-owned.

EXCEPT: Schools established by religious groups and mission boards.

3). Congress may increase Filipino equity requirements in ALL educational institutions.

B. Control and Administration:

1). Must be vested in Filipino citizens

2). Refers to line positions, such as President, Dean, Principal, and Trustees

3). Faculty members may be foreigners.

C. Student Population:

1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment.

2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for by
law for other foreign temporary residents.

II. Tax Exemptions

A. Non-stock, non-profit educational institutions:

1) All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties.

2) This is self-executory

B. Proprietary educational institutions, including cooperatives:

1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment

2) Requires an enabling statute

3) Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt from
taxes, subject to conditions prescribed by law.

III. Academic Freedom

A. Educational Institutions

Schools have the freedom to determine:

1) Who may teach,

2) What may be taught,

3) How it shall be taught, and

4) Who may be admitted to study.

B. Faculty members

1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial
matter which has no relation to their subjects.

3) When faculty members speak or write in their capacity as citizens, then they are free from institutional censorship or discipline.

C. Students

They have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations

1) Dominant police power of the State

2) Social interest of the community

E. Budgetary Priority:

1). Education must be assigned the highest budgetary priority.

2). BUT: This command is not absolute. Congress is free to determine what should be given budgetary priority in order to enable it to
respond to the imperatives of national interest and for the attainment of other state policies or objectives.

Religious Education in Public Schools:

Religion may be taught in public schools subject to the following requisites:

1) Express written option by parents and guardians;

2) Taught within regular class hours;

3) Instructors are designated and approved by the proper religious authorities; and

4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language

1) National language: Filipino

2) Official Languages: Filipino, and unless otherwise provided by law, English.

3) Regional languages are auxiliary to the official languages.

4 (Spanish and Arabic are promoted only on an optional and voluntary basis.

ARTICLE XVI GENERAL PROVISIONS

Sections 1-2. Symbols of Nationality

1) Flag

Red, white, and blue.

With a sun and 3 stars

The design may be changed by constitutional amendment.

2) Congress may, by law, adopt a new:

(a) Name for the country,

(b) National anthem, or

(c) National seal.

Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Section 3. State Immunity

Suability of State
1) The State cannot be sued without its consent.

2) When considered a suit against the State

a). The Republic is sued by name;

b). Suits against an un-incorporated government agency;

c). Suit is against a government official, but is such that ultimate liability shall devolve on the government

i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages.

ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally liable, and the suit
is really one against the State.

3) This rule applies not only in favor of the Philippines but also in favor of foreign states.

4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to
interplead.

Consent to be sued

A. Express consent:

1). The law expressly grants the authority to sue the State or any of its agencies.

2). Examples:

a). A law creating a government body expressly providing that such body may sue or be sued.

b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent.

B. Implied consent:

1). The State enters into a private contract.

a). The contract must be entered into by the proper officer and within the scope of his authority.

b). UNLESS: The contract is merely incidental to the performance of a governmental function.

2). The State enters into an operation that is essentially a business operation.

a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services)

b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter contains no
express sue or be sued clause.

3). Suit against an incorporated government agency.

a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical
personality.

4). The State files suit against a private party.

UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain government funds and
are not subject to garnishment.

2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the
money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment against public funds.
Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.

2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their
subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years

2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty.