Article XI

ACCOUNTABILITY OF PUBLIC
OFFICERS
STATEMENT OF POLICY
Article 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.

IMPEACHMENT
Impeachable Officers
President Vice-President
Chief Justice and
Associate Justices
of the Supreme
Court
Chairmen and
Commissioners of
the Constitutional
Commissions
Ombudsman
Grounds for Impeachment

Culpable
Violation of
the
Constitution
Betrayal of
Public Trust
Other High
Crimes
Treason.
Bribery,
Graft and
Corruption
Meaning of betrayal of
public trust
Acts which are just short of being criminal but
constitute gross unfaithfulness against public
trust, tyrannical abuse of power, inexcusable
negligence of duty, favouritism, and gross
exercise of discretionary powers. In other
words, acts must be attended with bad faith
and of such gravity and seriousness as other
grounds for impeachment.
Gonzales vs. OP, September 4, 2012
Procedure for Impeachment
(Section 3, Article XI)
A verified complaint for
impeachment may be
filed by any member of
the HoR or by any
citizen upon a
Resolution of
endorsement by any
Member
Included in the order of
business within 10
session days, and
referred to proper
committee within 3
sessions days
The Committee upon
majority vote of all its
members, shall submit
its report which should
be done within 60 days
after referral
If the verified complaint
is filed by at least 1/3 of
all the members of the
House, the same shall
constitute the Articles of
Impeachment
A vote of at least 1/3 of
all the members of the
House shall be
necessary either to affirm
a favourable resolution
or override its contrary
resolution
Limitation on the Power
to Impeach
No impeachment proceedings
shall be initiated against the same
official more than once within a
period of one year.

Section 3(5), Article XI
What is meant by Initiation
Francisco vs. House of Representatives

The SC gives the term initiate different
from filing. The impeachment is deemed
initiated when the complaint(with
accompanying resolution of endorsement)
has been filed with the HoR and referred
to appropriate Committee.

Can there be multiple grounds in
an impeachment complaint?
Gutierrez vs. The House of
Representatives, Feb. 25, 2011, rules
that an impeachment complaint need not
alleged only one impeachable offense. In
fact, multiple complaints may be
considered so long as they would all be
simultaneously referred or endorsed to the
proper community
Trial and Decision
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. A decision of conviction must be
concurred in by at least two-thirds of all
the members of the Senate.
Effect of Conviction

Removal form office and disqualification to
hold any office under the Republic of the
Philippines. But the party convicted shall
be liable and subject to prosecution, trial
and punishment according to law.
Ombudsman
Constitutional Underpinnings
Article XI, 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.
Qualifications
Article XI, 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.
How appointed?
By the President
From the list of at least six nominees
prepared by the JBC and at least three
nominees thereafter
For a term of 7 years
Appointment requires no CA confirmation
All vacancies shall be filled up within 3
months from the occurrence of vacancy.
No re-appointment
Does the President have disciplinary
power over Deputy Ombudsman and
Special Prosecutor?
Gonzales vs. OP, September 14, 2012,
ruled that the President has the concurrent
authority with respect to removal from
office of the Deputy Ombudsman and
Special Prosecutor. This authority springs
from the Presidents power to appoint
which necessarily includes the power to
remove
Article XII
NATIONAL ECONOMY AND
PATRIMONY
State Dominium
Section 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources
are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated.
The exploration, development, and utilization of natural
resources shall be under the full control and supervision of
the State. The State may directly undertake such activities,
or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or
corporations or associations at least 60 per centum of
whose capital is owned by such citizens.

State Dominium
Such agreements may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and under
such terms and conditions as may provided by law. In cases of
water rights for irrigation, water supply, fisheries, or industrial
uses other than the development of waterpower, beneficial use
may be the measure and limit of the grant.
The State shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone,
and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fish workers in rivers,
lakes, bays, and lagoons.


State Dominium
The President may enter into agreements with foreign-
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided
by law, based on real contributions to the economic
growth and general welfare of the country. In such
agreements, the State shall promote the development
and use of local scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within
thirty days from its execution.



What is regalian doctrine?
All lands are owned by the Crown. This
is reflected in the 1987 Constitution. Thus:
All lands of the public domain, waters,
minerals, coal, petroleum, and other
mineral oils, all forces of potential
energy, fisheries, forests or timber,
wildlife, flora and fauna, and other
natural resources are owned by the
State.

What is the consequence of
the regalian doctrine?
The exploration, development, and
utilization of natural resources shall be
under the full control and supervision of
the State.
Any person claiming ownership of a
portion of the public domain must be able
to show title from the state according to
any of the recognized modes of acquisition
of title.

If a person is the owner of agricultural land in
which minerals are discovered, does his ownership
of such land give him the right to extract or utilize
the said minerals without the permission of the
State?
No. The minerals are owned by the
State under the regalian doctrine. The
land is thus converted into mineral land.
For the loss sustained by the owner, he
is entitled to compensation. (Republic
vs. CA, 160 SCRA 228)
Are there lands which are not
covered by regalian doctrine?
Yes. When, as far back as testimony or
memory goes, the land has been held by
individuals under a claim of private
ownership, it will be presumed that to have
been held in the same way from before the
Spanish conquest, and never to have
been public land.
Carino vs. Insurer, 41 Phil. 935; Cruz vs.
DENR
Who are qualified to take part with
the State in the exploration,
development and utilization of
natural resources?
The State may enter into co-
production, joint venture, or production
sharing agreement with Filipino
citizens, or corporations, associations
at least sixty per cent of whose capital
is owned by Filipino citizens.
May foreign corporation participate
in the EDU of mineral resources?
Yes. The President may enter into
agreements with Foreign-owned
corporations involving either technical
or financial assistance for large scale
EDU of mineral, petroleum and other
mineral oils. (Sec. 2)
What may financial or
technical assistance involve?
It may involve management or
operation of mining activities.
(La Bugal Blaan Tribal Assoc.
vs. Ramos, December 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 to which they may
be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding
twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five
hundred hectares, or acquire not more than twelve
hectares thereof, by purchase, homestead, or grant.
Who has the authority to
classify public lands?
The authority to
classify public lands
is the exclusive
prerogative of the
Executive
Department. In the
absence of such
classification, the
lands remains
unclassified land
until released
therefrom and
rendered open to
disposition
Director of
Lands vs. CA,
129 SCRA 22
May a corporation acquire
alienable lands of public domain?
No. Private corporation or association
may not hold alienable lands of public
domain except thru lease for a period of
25 years extendible for another 25
years covering not more than 1000
hectares.
May a corporation
acquire private lands?
Yes. Private land means any land of
private ownership. This includes both
lands owned by private individual and
lands which are patrimonial property of
the State or of Municipal corporations.
Section 7
Save in cases of hereditary
succession, no private lands shall
be transferred or conveyed
except to individuals,
corporations, or associations
qualified to acquire or hold lands
of the public domain.
Section 8
Notwithstanding the provisions of
Section 7 of this Article, a natural-
born citizen of the Philippines who
has lost his Philippine citizenship
may be a transferee of private
lands, subject to limitations
provided by law.
Who may acquire private land?
Aliens, by virtue of hereditary succession
Former natural born-citizens
Filipino corporations or associations
Filipino citizens
Prospective Bar Question
When husband and wife purport
to buy land, and the husband is
alien while the wife is Filipino, is
the proper ty conjugal such that
it may be disposed of without
the consent of the husband?
Answer
The property cannot be deemed
conjugal because of the incapability
of the alien husband to own private
land. Thus, the alien husband has no
capacity to question the sale made
by the Filipino wife. (Cheesman vs.
IAC, 193 SCRA 93)
Prospective Bar Question
May a Filipino seller
question the legality of
sale he made in favour of
an alien The property?
Will pari delicto applies?
Answer
Yes, the seller may question
the sale made to the alien.
The principle of pari delicto
is not applicable (Philippine
Banking corporation vs. Lui
She, (1967)
Prospective Bar Question
Can a corporation sole
controlled by non-
Filipinos acquire private
lands?
Answer
No. Land tenure is not indispensable to
the free exercise of religion. Thus, a
religious corporation controlled by non-
Filipinos, cannot acquire and own lands
even for religious use or purpose. (RD
vs. Ung Sui Si Temple, [1955])
Prospective Bar Question
What is the limitations on the
right of the former natural
born Filipino citizens to own
lands in the Philippines?
Answer
1. Maximum of 5000 square meters
in urban areas
2. 3 hectares in rural areas
3. Not more than 2 lots along as the
maximum area allowed is not
violated. (RA 8179)
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.
Section 11
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.
What is a public utility?
It is a utility corporation which renders service
to the public for compensation. Its essential
feature is that its service is not confined to
privileged individuals but is open to an
indefinite public. The public or private
character of a utility does not depend on the
number of person who avail of its service but
on whether or not it is open to serve all
members of the public who may require it.
What is the meaning of 60%
capital ownership?
Mere legal title is insufficient to meet the 60
percent Filipino owned capital required in the
Constitution. Full beneficial ownership of 60
percent of the outstanding capital stock,
coupled with 60 percent of the voting rights, is
required. The legal and beneficial ownership of
60 percent of the outstanding capital stock must
rest in the hands of Filipino nationals in
accordance with the constitutional mandate.
Otherwise, the corporation is considered as non-
Philippine national[s]. (Gamboa vs. Finance
Secretary, [2011])
What is the meaning of 60%
capital ownership?
Since the constitutional requirement of at least 60
percent Filipino ownership applies not only to voting
control of the corporation but also to the beneficial
ownership of the corporation, it is therefore imperative
that such requirement apply uniformly and across the
board to all classes of shares, regardless of
nomenclature and category, comprising the capital of a
corporation. Under the Corporation Code, capital stock
consists of all classes of shares issued to stockholders,
that is, common shares as well as preferred shares,
which may have different rights, privileges or restrictions
as stated in the articles of incorporation. (Gamboa vs.
Finance Secretary, MR [2012])
Last Paragraph, Section 14


The practice of all professions in the
Philippines shall be limited to Filipino
citizens, save in cases prescribed by 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.
Is the taking of privately owned
utility by the State under Section 17,
subject to payment of just
compensation?
No. Because the taking under
Section 7, Article XII is by virtue
of the police power of the State.
(Agan vs. PIATCO, [2004])
In case of national emergency, may the
President take over the operation of any
privately owned public utility?
The power is not automatically conferred to the
President. The power to take over the operation
of public utilities is activated only of Congress
grants emergency powers under Section 23(2),
Article VI. Section 17 must be read with Article
VI, Section 23(2). Section 17 gives the power to
the State not to the President. The president
acquires emergency powers when given by
Congress in a state of emergency declared by
Congress. (David vs. Arroyo, [2006]).
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.
Article XIII
SOCIAL JUSTICE AND
HUMAN RIGHTS
Section 3
The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities
for all.
It shall guarantee the rights of all workers to 1. self-
organization, 2. collective bargaining and
negotiations, and 3. peaceful concerted activities,
including the right to strike in accordance with law.
They shall be entitled to 4. security of tenure, 5.
humane conditions of work, and a 6. living wage.
They shall also 7. participate in policy and decision-
making processes affecting their rights and benefits
as may be provided by law.

Section 3: Labor
The State shall promote the principle of shared
responsibility between workers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
labor to its just share in the fruits of production and
the right of enterprises to reasonable returns to
investments, and to expansion and growth.
1993 Bar Question
Congressman Cheng says he is one of the co-
authors of the SBMA Charter. He declares that
the SBMA is the answer to rapid economic
growth and the attainment of the Presidents
Philippine 2000 dream. However, Cheng is
worried that foreign capital might be slow in
coming in due to unstable working conditions
resulting from too many strikes. To remedy this
situation, Cheng proposes an amendment to
SBMA law declaring it to be as strike-free zone
or total ban on strikes? Explain briefly.
Answer
The proposal is not legally defensible.
Section 3, Article XIII guarantees the
right of all workers to engage in
peaceful concerted activities,
including the right to strike. Thus, the
proposal will violate this constitutional
provision.
Section 4: Agrarian Reform
The State shall, by law, undertake an agrarian reform
program founded on the right of farmers and regular
farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof. To
this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress may
prescribe, taking into account ecological, developmental, or
equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State
shall respect the right of small landowners. The State shall
further provide incentives for voluntary land-sharing.
Is stock distribution transfer
constitutional?
The wording of the provision is unequivocalthe
farmers and regular farmworkers have a right TO
OWN DIRECTLY OR COLLECTIVELY THE LANDS
THEY TILL. The basic law allows two (2) modes of
land distributiondirect and indirect ownership.
Direct transfer to individual farmers is the most
commonly used method by DAR and widely
accepted. Indirect transfer through collective
ownership of the agricultural land is the alternative
to direct ownership of agricultural land by individual
farmers.
Is stock distribution transfer
constitutional?
The aforequoted Sec. 4 EXPRESSLY authorizes
collective ownership by farmers. No language can
be found in the 1987 Constitution that disqualifies or
prohibits corporations or cooperatives of farmers
from being the legal entity through which collective
ownership can be exercised. xxx. Clearly, workers
cooperatives or associations under Sec. 29 of RA
6657 and corporations or associations under the
succeeding Sec. 31, as differentiated from individual
farmers, are authorized vehicles for the collective
ownership of agricultural land.
Is stock distribution transfer
constitutional?
Cooperatives can be registered with the
Cooperative Development Authority and acquire
legal personality of their own, while corporations
are juridical persons under the Corporation Code.
Thus, Sec. 31 is constitutional as it simply
implements Sec. 4 of Art. XIII of the Constitution
that land can be owned COLLECTIVELY by
farmers. (Hacienda Luisita Incorporated v.
Luisita Industrial Park Corporation, G.R. No.
171101, July 5, 2011)
Section 17: Human Rights
There is hereby created an independent
office called the Commission on Human
Rights.
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.
Section 17: Human Rights
Until this Commission is constituted, the
existing Presidential Committee on Human
Rights shall continue to exercise its
present functions and powers.
The approved annual appropriations of the
Commission shall be automatically and
regularly released.

Powers of CHR
In essence the power of CHR is only
investigatory. It has no prosecutorial
powers.

Does CHR have jurisdiction over cases
involving socio-economic rights?
No. The Constitution provides that the
CHR has the power to investigate, on
its own or on complaint by any party,
all forms of human rights violations
involving civil and political rights.
(Section 18, Article XIII; Simon, Jr.
vs. CHR, [1994]).
Article XIV
EDUCATION, SCIENCE,
TECHNOLOGY, ARTS,
CULTURE, AND SPORTS
Section 1; Section 5(3)
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.
Every citizen has a right to select a
profession or course of study, subject to
fair, reasonable, and equitable admission
and academic requirements.

Prospective Bar Question

Petitioner was denied admission to
medical school on the ground of having
failed the NMAT. He challenges the
validity of the 3 failure rule on the ground
that it violates his right to access to
education.
Answer
The right to access to education is not
absolute. It is subject to police power and
to fair, reasonable, and equitable
admission and academic requirements.
(Tablarin vs. Guitierrez [1987]; DECS
vs. San Diego [1989])
Section 5(2)


Academic freedom shall be enjoyed in all
institutions of higher learning.

What is academic freedom?
There is no precise definition accorded to
academic freedom. Nonetheless,
academic freedom belongs to various
elements in an institution of higher
learning to the institution itself, to faculty
and to students.
As to institution, it is freedom as to who
may teach, what to teach, how it shall be
taught, who may be admitted to study.
What is academic freedom?
Thus, an institution of higher learning may
not be compelled to accept a person
demanding admission into its degree
program. (Garcia vs. Faculty Admission
Committee, [1975])
Similarly, a school may refuse admission
to a student for academic reason
(Tangonon vs. Pano, [1985])
Section 5(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
Does the command that Congress
give highest priority to education
mean that all else must yield to it?
No. The provision does not mean that the
hands of Congress are so hamstrung as to
deprive it of the power to respond to the
imperatives of national interest and for the
attainment of other state policies and
objectives, in this case, automatic re-
appropriation for servicing foreign debts.
(Guingona vs. Carague, [1991])
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.
Article XVI
GENERAL PROVISION
Section 3


The State may not be sued without its
consent.
Immunity covers other States


Immunity is enjoyed by other States in
accordance with the international law
principle par in parem non habet
imperium.
Immunity also covers the
following:
State diplomatic agents
Foreign agent, as long as it can be
established that he is acting within the
directives of the sending State
United Nations, as well as its organs and
specialized agencies
International organizations or agencies
Suit Against the Officer of the
Government
It is important to determine if the State is
the real party in interest, that the claim if
proved will be the direct liability of the State
and not merely the officer impleaded.
The test is whether, assuming the decision
is rendered against the public officer
impleaded, the enforcement thereof will
require an affirmative act of the State.
Exceptions when public officer may be
sued without prior consent of the state
To compel him to do an act required by law
To restrain him from performing an illegal act
To compel payment of damages from an already
appropriated assurance fund or to refund tax over
payments
To secure judgment that the officer may satisfy
himself without the state having to a positive act.
Where the government itself violated a law
because the State cannot be an instrument of
injustice.
Waiver of Immunity
The State may be sued with its consent.
There are forms of consent:
Express
Implied
May be manifested
either by general or
special law
When it commences
litigation or enters
into a contract
Express Consent
Laws giving
consent to be sued
Act no. 3088
C.A. No. 327 as
amended by P.D. No.
1445
Charters of municipal
corporations
Implied Consent
When the state commences litigation
When the state enters into business
contract. BUT:
But when the State
enters into a contract, it
is not automatic that it
already waives its
immunity. It must be
distinguished in what
capacity the government
is entering into contract.
Is it jus imperii or jus
gestationis
Where the contract
is in pursuit of a
sovereign activity,
there is no waiver
of immunity, and
no implied
consent may be
derived therefrom .
Suit against Government Agencies
Determination must be made whether an
agency is:
incorporated
unincorporated
Suability is found
in the charter
If unincorporated, inquire into
the principal function of the
agency. If governmental, no
waiver. If proprietary, there is
waiver
Scope of Consent
Consent to be sued does not include
consent to the execution of judgment
against it.



However, the funds of LGU may not be
garnished. It requires appropriation through
ordinance. But, mandamus may lie.

But the funds belonging to
government owned and
controlled corporation are
not exempt from
garnishment.
Article XVII
AMENDMENTS OR
REVISIONS
Section 1
Any amendment to, or revision of,
this Constitution may be proposed
by:
The Congress, upon a vote of
three-fourths of all its Members; or
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.
How amendment or revision to
constitution be proposed?
The Congress, upon a
vote of three-fourths of all
its Members
A constitutional
convention
Peoples initiative
What is amendment?

An amendment envisages an alteration
of one or few specific and isolated
provisions of the constitution. Its
intention is to improve specific parts or
to add new provisions or to suppress
existing ones.
What is revision?
In revision, the guiding intention and plan
contemplate a re-examination of the entire
document or an important cluster of
provisions in the document to determine
how and what extent it should be altered.
The end product of a revision can be an
important structural change in the
government or a change which affects
several provisions of the constitution.