CONSTITUTIONAL LAW I - Master Copy.doc

Constitutional Law 1 Page 1 of 45Source: Book of Cruz

This is a humble work of art for all who would like to learn the art of the practice of law.

- RDB

CONSTITUTIONAL LAW I

PREAMBLEWe, the sovereign Filipino people, imploring the aid

of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I: NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

The essence of republicanism is representation and renovation, the selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for limited period only, after which they are replaced or retained at the option of their principal.

STATE

State is a legal concept, while nation is only a racial or ethnic concept.

A state is a politically organized sovereign community, independent of outside control, bound by ties of nationhood, legally supreme within its territory, and acting through government functioning under a regime of law (CIR v Campos Rueda, 1971).

The elements of a state are: 1. people, 2. territory,3. government and 4. sovereignty.

1. PEOPLE - the inhabitants of a State, who may be classified as:

i. INHABITANTS; - The right of an individual to be secure in his

person is guaranteed by the Constitution, which declares the popular right of the people and which indisputably applies to

both citizens and foreigners in this country (Qua Chee Gan v Deportation Board, 1963).

ii. CITIZENS ; and

iii. ELECTORS .

2. TERRITORY - a fixed portion of the surface of the earth inhabited by the people of a state.

Compositiona. Philippine Archipelago; and b. All territories over which the Philippines has

sovereignty or jurisdiction

Methods of determining the baselines1. STRAIGHT LINE METHOD (SBM) - a series of straight

lines connecting the outer points of islands, rocks, and reefs along a deeply indented coastline.- The

Philippines follow the SBM (under RA 3046 (June 17, 1961).

- Under the “archipelagic doctrine,” the enclosed area is considered only as one integrated whole.

2. NORMAL BASELINE METHOD (NBM) - determines the low tide mark (low water line), and that is where the counting of the normal baseline should begin

A baseline is used to determine the following:1. The internal waters (not more than 12 miles from

the BL);2. The 200-mile EEZ; and3. Other territorial waters.

The Archipelagic Doctrine- CONCE

PT: A body of water studded with islands, or the islands surrounded with water. It is viewed as a unity of islands and waters forming one unit in contrast to a continent, which is a single mass of land.

- PURPOSES: 1. To protect the territorial integrity of a state;

Bodies of water within the baseline, regardless of their breadth, form part of the archipelago and are thus, considered internal waters.

2. To preserve economic interests; and 3. To safeguard national security.

Exclusive Economic Zone under PD 1599(1978) Sec. 1. “There is established an exclusive economic

zone extending "to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured. Provided, That where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighbouring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles or international law on delimitation."

Sec. 4. “Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications.”

• Purposes:1. Sovereign rights to explore, exploit, conserve and manage the natural resources, living or non-living, renewable or non-renewable of the seabed, subsoil, and super-adjacent waters.

Ateneo de Davao College of Law Manresa 2008


Economic exploitation and exploration of the resources of the zone such as the production of energy from the water, currents and winds.

2. Exclusive rights and jurisdiction with respect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures; the preservation of the marine environment, including the prevention and control of pollution and scientific research.

3. Such other rights as are recognized by international law.

Other states are prohibited from using the zone to:1. Explore or exploit any resources;

2. Carry out any search, excavation or drilling operations;

3. Conduct any research;

4. Construct or operate any artificial island, off-shore terminal, installation, or other structure;

5. Perform any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.

Other states are allowed to use the zone for:1. Navigation and over flight;

2. Laying of submarine cable and pipelines;

3. Other lawful uses related to navigation and communication.

In case of overlapping of EEZs, the common boundaries are to be determined by:

(i) agreement and (ii) international rules on delimitations.

UN Convention on the Law of the Sea (30 April 1982.)

The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines, from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philippines is a signatory.

Its concept is that although it is not part of the territory, exclusive economic benefit is reserved for the country.

3. GOVERNMENT - the agency or instrumentality, through which the will of the State is formulated, expressed and realized (Poindexter v. Greenhow, 114 US 270 cited in Cruz: 1989) with the mandate to promote the welfare of the people (Sinco: 3rd Ed.)

The Philippine government is democratic and republican.

The GOVERNMENT OF THE PHILIPPINES is defined as “the corporate government entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the provincial, city, municipal or barangay or other form of local government.” (Administrative Code of 1978, Sec. 2)

Regardless of their form, governments are either: de jure or de facto.

De jure government has rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof.

An example of this government is the Aquino government (Lawyers League for Better Philippines v. Corazon C. Aquino, G.R. No. 73748, May 22, 1986)

De facto government is a government in fact, that is, it actually exercises power or control but without legal title.

Three kinds: 1. The government that gets possession and control of, or usurps, by force or by the voice of the majority;

2. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state;

3. That which is established and maintained by military forces who invade and occupy a territory of an enemy in the course of war.

Characteristics of the third kind of de facto government:

1. Its existence is maintained by active military power within the territories and against the rightful authority of an established and lawful government (military take-over);

2. During its existence, it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government.

The government performs two kinds of functions, to wit: the constituent and the ministrant.

Constituent functions:

1. Keeping the order and providing for the protection of persons and property from violence and robbery;

2. The fixing of the legal relations between husband and wife and between parents and children;

3. The regulation of the holding, transmission and interchange of property, and the determination of its liabilities for debt or for crime;4. The determination of contractual rights between individuals;

5. The definition and punishment of crimes;

6. The administration of justice in civil cases;

7. The administration of political duties, privileges, and relations of citizens; and

8. The dealings of the State with foreign powers; the preservation of the State from external danger or encroachment and the advancement of its international interests. (Cruz: 1989)

Ministrant functions are those undertaken to advance the general interests of society such as:



1. Public works;2. Public Charity; and 3. The regulation of trade and industry

4. SOVEREIGNTY - is the supreme and uncontrollable power inherent in a State by which that State is governed (Cruz: 1989)

Two kinds:1. Legal or the Congress and2. Political from the different sectors that

mold public opinion.

Extent:1. Internal for domestic affairs;2. External for direct its relations with other

States.

Characteristics:1. Permanent;2. exclusive3. comprehensive4. absolute5. indivisible6. inalienable and7. imprescriptible (Laurel v. Misa, 77 Phil.

856) JUS POSTLIMINIUM.

- It states that there is no change of sovereignty during a belligerent occupation (ex. Japanese invasion against America), and the political laws of the occupied territory area merely SUSPENDED, subject to REVIVAL under the jus postliminium upon the end of the occupation (Peralta v. Director of Prisons, 75 Phil. 285)

- The Constitution of the Commonwealth, being POLITICAL LAW, was not effective in the Philippines during the Japanese occupation (Alcantara v. Director of Prisons, 75 Phil. 749)

- However, judicial decisions on defamations, are valid except those of POLITICAL COMPLEXION, like conviction for treason, which are automatically annulled upon the restoration of the legitimate authority. In case of change of sovereignty, SC has already held that, upon a change of sovereignty, the provisions of the Penal Code having to do with such subjects as treason, rebellion and sedition are no longer in force (People vs. Perfecto, 43 Phil., 887).

DOCTRINE OF SOVEREIGN IMMUNITY

It states that the State cannot be sued without its consent. (Art. XVI, Sec. 3).

- REASONS:a. Positivist theory: There can be no legal right as against the authority that makes the laws on which the right depends. (Holmes in Kawananakoa v Polyblank)

b. Sociological theory: If the State is amenable to suits, all its time would be spent defending itself from suits and this would prevent it from performing its other func-tions. (Republic v Villasor, 54 SCRA 83)

- The doctrine is also available to foreign States insofar as they are sought to be sued in the courts of the local State. The added basis in this case is the PRINCIPLE OF THE SOVEREIGN EQUALITY OF STATES, under w/c one State cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium. To do so would "unduly vex the peace of nations." (Cruz.)

GARNISHMENT OF PUBLIC FUNDS Republic v. Villasor, 54 SCRA 83 (1973.)

F: On 7/3/61, a decision was rendered in SP in favor of respondents, and against petitioner-Republic, confirming the arbitration award in the amount of 1.7 M, subject of SP. On 6/24/69, respondent Judge issued an Order declaring the afore-stated decision final and executory, directing the Sheriffs of Rizal Province, QC as well as Manila to execute the said decision. A corresponding alias writ of execution was then issued. On the strength of said writ, the sheriff served notices of garnishment w/ several banks, specially on the 'monies due the AFP in the form of deposits, sufficient to cover the amount mentioned in the writ;' the Phil. Veterans Bank received the same notice of garnishment. Hence, this original action for certiorari and prohibition w/ the SC.

HELD: The State may not be sued without its consent. A corollary, both dictated by logic and sound sense from such a basic concept is that public funds cannot be the object of a garnishment proceeding even if the consent to be sued had been previously granted and the state liability adjudged. - This is based on considerations of public policy. - Disbursements of public funds must be covered by the corresponding appropriation as required by law. ◌ The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects, as appropriated by law.

WHEN A SUIT IS AGAINST THE STATE AND WHEN IT IS NOT

A suit IS AGAINST the State, regardless of who is named as the defendant, if it produces adverse consequences to the public treasury in terms of disbursement of public funds and loss of government property. (Begosa v Chairman, Phil. Veterans Adm., 32 SCRA 466 (1970))

A suit IS NOT AGAINST the State:

1. When the purpose of the suit is to compel an officer charged with the duty of making payments pursuant to an appropriation made by law in favor of the plaintiff to make such payment.

Begosa v. Chairman, Philippine Veterans Adm., 32 SCRA 466 (1970)

F: Gaudencio Begosa, plaintiff-appellee, was an "enlisted man of the Phil. Commonwealth Army, inducted in the service of the USAFFE" having taken "active participation in the battle of Bataan" as well as the "liberation drive against the enemy" thereafter became "permanently incapacitated from work due to injuries he sustained in line of duty xxx."Plaintiff filed his claim for disability pension as far back as 3/4/55; but it was erroneously disapproved on 6/21/55. The Board of Administrators, Phil. Veterans Admin., finally approved his claim on 9/2/64, at the rate of



P30/mo. Judge Soriano noted that: "had it not been for the said error, it appears that there was no good ground to deny the said claim, so the latter was valid and meritorious even as of the date of its filing on 3/4/55, hence to make the same effective only as of the date of its approval on 9/2/64--according to defendant’s stand-- would be greatly unfair and prejudicial to plaintiff.The appeal assigns as one error what it considers to be the failing of the LC in not holding that the complaint in this case is in effect a suit against the State w/c has not given its consent thereto.

HELD: The doctrine of non-suability has no application where the suit against such a functionary had to be instituted because of his failure to comply w/ the duty imposed by statute appropriating public funds for the benefit of plaintiff or claimant.- The suit is not against the State because it has acknowledged its liability to the plaintiff through the enactment of an appropriation law. The suit is intended to compel performance of a ministerial duty. (same ruling in Del Mar v. Philippine Veterans Adm (PVA), 51 SCRA 340 (1973))

2. When from the allegations in the com-plaint, it is clear that the respondent is a public officer sued in a private capacity.

Shauf v CA 191 SCRA 713 (1990)F: By reason of her non-selection to a position at Clark Air Base, Shauf filed an equal opportunity complaint against officers of Clark Air Base, for alleged discrimination against the former by reason of her nationality and sex. She then filed a complaint for damages with the RTC. Respondents filed a MTD on the ground that as officers of the US Armed Forces performing official functions in accordance with the powers vested in them, they are immune from suit.Shauf contends that the officers are being sued in their private capacity for discriminatory acts performed beyond their authority; hence the instant action is not a suit against the US Govt. which would require its consent. According to respondents, the complaint is barred by the immunity of the US since the acts sued upon are governmental activities of the US.

HELD: 1. While the doctrine of non-suability appears to prohibit only suits against the state without its consent, it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. - The rule is that if the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same, such as the appropriation of the amount needed to pay the damages awarded against them, the suit must be regarded as against the state itself, although it has not been formally impleaded.

2. It is a different matter where the public official is made to account in his capacity as such for acts contrary to law and injurious to the rights of plaintiff. - Inasmuch as the State authorizes only legal acts by its officers, unauthorized acts of govt. officials or officers or acts in excess of the

powers vested are not acts of the State, and an action against the officials or officers by one whose rights have been invaded or violated by such acts, for the protection of his rights, is not a suit against the State within the rule of immunity of the State from suit.

3. The doctrine of state immunity cannot be used as an instrument for perpetrating an injustice.

Republic v Sandoval, 220 SCRA 124 (1993)F: The heirs of the 12 rallyists who perished during the Mendiola massacre filed an action for damages. Such action was filed against the government. This was by virtue of a recommendation made by the Citizen's Mendiola Commission (created for the purpose of conducting an investigation of the disorder, deaths and casualties that took place during the Mendiola incident.) that the heirs and wounded victims of the incident be compensated by the Govt. Notwithstanding such recommendation, no concrete form of compensation was received by the victims. The Caylo Group (the group of marchers in the said incident) filed a formal letter of demand from the govt. Still unheeded for almost a year, the group filed an action against the govt, together w/ the military officers and personnel involved in the incident before the trial court. Resp. Judge dismissed the complaint as against the RP on the ground that there was no waiver by the State.

HELD: • The principle of state immunity from suit does not apply, as in this case, when the relief demanded by the suit requires no affirmative official action on the part of the State nor the affirmative discharge of any obligation w/c belongs to the State in its political capacity, even though the officers or agents who are made defendants claim to hold or act only by virtue of a title of the state and as its agents and servants.

• In this case, while the Republic is sued by name, the ultimate liability does not pertain to the govt.

- Although the military officers were discharging their official functions when the incident occurred, their functions ceased to be official the moment they exceeded their authority. - Immunity from suit cannot institutionalize irresponsibility and non-accountability nor grant a privileged status not claimed by any other official of the Republic.

• Moreover, this is not a suit against the State with its consent. a. The recommendation made by the Mendiola Commission regarding indemnification of the heirs and the victims of the incident by the government does not in any way mean that liability automatically attaches to the State. - The Commission was merely a fact-finding body and its recommendation was not final and executory.

b. Whatever acts or utterances that President Aquino may have done or said, the same are not tantamount to the State having waived its immunity from suit.

3. When the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular.



Republic v. Feliciano, 148 SCRA 424).F: Respondent Pablo Feliciano filed a complaint in the CFI of Camarines Sur against the RP, represented by the land authority, for the recovery of ownership and possession of a parcel of land. He alleged that the lot in question should be excluded from the NARRA settlement reservation program of the government under Proc. No. 90, since it's his private property being covered by a possessory information title in the name of his predecessor-in- interest. (Proc. No. 90 reserves for settlement purposes, under the administration of the NARRA, now the Land Authority, a tract of land situated in the Municipalities of Tinambac and Siruma, Camarines Sur.) Feliciano prayed that he be declared the rightful owner of the property in question.

HELD: • A suit against the government for the recovery of possession and ownership of land based on a possessory information was disallowed by the SC on the ground that a suit for the recovery of property is an action "in personam" which seeks to bring the State to court just like any private person who is claimed to usurp a piece of property. What the plaintiff should have done was to apply for a judicial confirmation of imperfect title under Sec. 48(b) of CA 141, which is an "action in rem", i.e., one directed against the whole world, and not the government in particular

• The failure of the petitioner to assert the defense of immunity from suit when the case was tried before the court a quo, as alleged by private respondent, is not fatal. It is now settled that such defense "may be invoked by the courts sua sponte at any stage of the proceedings.

• The exclusion of existing private rights from the reservation established by Proc. no. 90 cannot be construed as a waiver of the immunity of the State from suit. Waiver of immunity, being in derogation of sovereignty, will not be inferred lightly, but must be construed in strictissimi juris. Moreover, the Proclamation is not a legislative act. The consent of the State to be sued must emanate from statutory authority. Waiver of State Immunity can only be made by an act of the legislative body.

CONSENT TO BE SUEDA. How consent is givenWaiver of state immunity can only be made

by an act of legislative body.

The consent to be sued, in order to be effective, must come from the State, acting through a duly enacted statute. Republic v. Purissima, 78 SCRA 470 (1977)

F: The Rice & Corn Administration (RCA) entered into a contract w/ the Yellow Ball Freight Lines in w/c they agreed that in the event of breach, action may be filed w/ the courts of Manila. In 1972, Yellow filed a money claim against RCA. The respondent Judge denied the motion to dismiss filed by RCA relying on the stipulation in the contract of the parties.

HELD: The RCA is part of the govt, being in fact an office under the Office of the Pres.

and therefore cannot be sued w/o the consent of the State. However, the consent to be effective must come from the State, acting thru a duly enacted statute. Thus, whatever counsel for defendant RCA agreed to, had no binding force in the govt. RCA had no authority to bind the government to be sued. Only a statute could.

Republic v Feliciano, 148 SCRA 424The SC held that the Proclamation of the President of the Philippines (recognizing private rights to the land) cannot be the source of consent, since the Proclamation is not a legislative act.

B. Express consent:Money claims arising from contracts, express or

implied.

Act No. 3083. An Act Defining the Conditions under which the Government of the Philippines may be sued.

Sec.1. Subject to the provisions of this Act, the Government of the Philippines hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties.

Sec. 2. A person desiring to avail himself of the privilege herein conferred must show that he has presented his claim to the Commission on Audit and that the latter did not decide the same within two months from the date of its presentation.

Sec. 3. Original actions brought pursuant to the authority conferred in this Act shall be instituted in the Regional Trial Court of the City of Manila or of the province where the claimant resides, at the option of the latter, upon which court exclusive original jurisdiction is hereby conferred to hear and determine such actions.

Sec. 4. Actions instituted as aforesaid shall be governed by the same rules of procedure, both original and appellate, as if the litigants were private parties.

Sec. 5. When the Government of the Philippines is plaintiff in an action instituted in any court of original jurisdiction, the defendant shall have the right to assert therein, by way of set-off or counterclaim in a similar action between private parties.

Sec. 6. Process in actions brought against the Government of the Philippines pursuant to the authority granted in this Act shall be served upon the Solicitor-General whose duty it shall be to appear and make defense, either himself or through delegates.

Sec. 7. No execution shall issue upon any judgment rendered by any court against the Government of the Philippines under the provisions of this Act; but a copy thereof duly certified by the clerk of the Court in which judgment is rendered shall be transmitted by such clerk to the President of the Philippines, within five days after the same becomes final.

Sec. 8. The President of the Philippines, at the commencement of each regular session of the Legislature, shall transmit to that body for appropriate action all decisions so received by him, and if said body determine that payment should be made, it shall appropriate the sum which the Government has been sentenced to pay, including the same in the appropriations for the ensuing year.

Sec. 9. This Act shall take effect on its approval.

Approved, March 16, 1923.

Com. Act 327. An Act Fixing the Time within which the Auditor General shall Render His Decisions and Prescribing the Manner of Appeal There from.

Sec. 1. In all cases involving the settlement of accounts or claims, other than those of accountable officers, the Auditor General shall act and decide the same within sixty days,



exclusive of Sundays and holidays, after their presentation. If said accounts or claims need reference to other persons, office or offices, or to a party interested, the period aforesaid shall be counted from the time the last comment necessary to a proper decision is received by him. With respect to the accounts of accountable officers, the Auditor General shall act on the same within one hundred days after their submission, Sundays and holidays excepted.

In case of accounts or claims already submitted to but still pending decision by the Auditor General on or before the approval of this Act, the periods provided in this section shall commence from the date of such approval.

Sec. 2. The party aggrieved by the final decision of the Auditor General in the settlement of an account or claim may, within thirty days from receipt of the decision, take an appeal in writing:

(a) xxx(b) To the President of the Philippines, or(c) To the Supreme Court of the Philippines, if the

appellant is a private person or entity.If there are more than one appellant, all appeals

shall be taken to the same authority resorted to by the first appellant.

From a decision adversely affecting the interests of the Government, the appeal may be taken by the proper head of the department or in case of local governments by the head of the office or branch of the Government immediately concerned.

The appeal shall specifically set forth the particular action of the Auditor General to which exception is taken with the reasons and authorities relied on for reversing such decision.

Sec. 3. This Act shall take effect upon its approval. Approved, June 18, 1938.

• Sec. 2 of CA 327 has been amended by Sec. 50 of PD 1445 and by Sec. 35, Chapter 5, Subtitle B, Title I, Book V, Administrative Code of the Philippines, as follows:

Sec. 50. Appeal from decisions of the Commission.-- The party aggrieved by any decision, order, or ruling of the Commission may within thirty days from his receipt of a copy thereof appeal on certiorari to the Supreme Court in the manner provided by law and the Rules of Court. When the decision, order, or ruling adversely affects the interests of any government agency, the appeal may be taken by the proper head of that agency. (PD 1445.)

Sec. 35. Appeal from Decision of the Commission.-- Any decision, order or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof in the manner provided by law and the Rules of Court. When the decision, order or ruling adversely affects the interest of any government agency, the appeal may be taken by the proper head of that agency. (Subtitle B, Title I, Book V, Administrative Code of the Philippines.)

▪ Before the 1987 Constitution, the law in force was Act 3038 and CA 327 which, according to Sayson v Singson (a suit to compel payment of electrical supplies delivered to CAA), allowed suit only for money claims arising from contract, and providing a special procedure.

- Under this procedure, the claim must be filed with the Auditor General (now, COA). If the Auditor did not act within 60 days, then the claimant could file his claim with the RTC. But if the Auditor rendered a decision, then the appeal could be made to the SC, unless the claimant was a public official in which case appeal was to the President.

▪ Art. IX of the 1987 Constitution now gives a different procedure. All money claims are to be filed with COA, which has 60 days within which to act. If it fails to so act, the claimant must wait anyway. Once

a decision has been made, he has, within 30 days to appeal by certiorari to the SC.

Sayson v. Singson 54 SCRA 282 (1973) F: In 1/67, the Office of the District Engr. requisitioned various spare parts for the repair of a D-8 Bulldozer. A public bidding for the said items was conducted wherein the awards committee accepted the winning bid of P43,530 given by Singkier Motor Service owned by respondent Singson. Said award was approved by the Sec. of Public Works and Comm. who then directed the immediate delivery of the parts. In due course, the voucher w/c covered the transaction reached the hands of petitioner Highway Auditor Sayson who then made inquiries about the reasonableness of the price. After finding the price reasonable (as was evidenced by the indorsements of the Div. Engr. and the Comm. of Public Highways, the approval of the Sec. of PW & C, and the verification of the representative of the Bureau of Supply Coordination), petitioner approved and effected payment of the voucher and withheld the 20% equivalent of P8,706 in order to submit the documents covering the transaction to the Supervising Auditor for review. After making a canvass, the General Auditing Office determined the transaction to be overpriced by at least P40,000. Malversation charges were failed against the district Engr. and civil Engr. involved. A mandamus suit was filed by the respondent w/c sought to compel petitioner government auditors to approve the payment of the voucher covering the balance. The LC decided in favour of respondent Singson. Hence this appeal by certiorari.

HELD: • It is apparent that respondent Singson's cause of action is a money claim against the Govt, for the payment of the alleged balance of the cost of spare parts supplied by him to the Bureau of Public Highways. - Assuming momentarily the validity of such claim, mandamus is not the remedy to enforce the collection of such claim against the State ***, but w/c cannot prosper or be entertained by the Court except w/ the consent of the State***. In other words, the respondent should have filed his claim w/ the General Auditing Office, under the provisions of CA 327*** w/c prescribe the conditions under w/c money claim against the government may be filed.

• It is true that once consent is secured, an action may be filed. - There is nothing to prevent the State, however, in such statutory grant, to require that certain administrative proceedings be had and be exhausted. Also, in the proper forum in the judicial hierarchy can be specified if thereafter an appeal would be taken by the party aggrieved. - In the case at bar, there was no ruling of the Auditor Gen. Even had there been such, the court to w/c the matter should have been elevated is the SC. The LC could not legally act on the matter.

Quasi-delicts committed by special agents

Art. 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible.

xxx



The State is responsible in like manner when it acts through a special agent, but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Art. 2176 shall be applicable.

xxx (Civil Code.)

Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (ibid.)

▪ Art. 2180 of the Civil Code allows a suit against the government for quasi-delicts committed by the government when acting through special agents (those performing non-regular functions)

- But if the tortious act was committed by a regular employee, the injured party could only bring a suit for damages against the employee in his personal capacity.

Merritt v Government of the Philippine Islands, 34 Phil 311

F: Merritt, while riding his motorcycle was hit by an ambulance owned by the Philippine General Hospital. It was driven by a driver employed by the hospital. In order for Merritt to sue the Philippine government, Act No. 2457 was enacted by the Philippine Legislature authorizing E. Merritt to bring suit against the Government of the Philippine Islands and authorizing the Attorney-General of said Islands to appear in said suit. A suit was then filed before the CFI of Manila which fixed the responsibility for the collision solely on the ambulance driver and determined the amount of damages to be awarded to Merritt. Both parties appealed from the decision, plaintiff Merritt as to the amount of damages and defendant in rendering the amount against the government.

ISSUE: Did the defendant in enacting Act No. 2457 simply waive its immunity from suit or did it also concede its liability to the plaintiff?

HELD: • By consenting to be sued, a state simply waives its immunity from suit. It does not thereby concede its liability to the plaintiff, or create any cause of action in his favor, or extend its liability to any cause not previously recognized. It merely gives a remedy to enforce a pre-existing liability and submit itself to the jurisdiction of the court, subject to its right to interpose any lawful defense.

• The Government of the Philippine Islands is only liable, for the acts of its agents, officers and employees when they act as special agents within the meaning of paragraph 5 of A1903, OCC (par. 6, Art. 2180, NCC). - A SPECIAL AGENT is one who receives a definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official. The special agent acts in representation of the state and executes the trust confided to him. This concept does not apply to any executive agent who is an employee of the active administration and who on his own responsibility performs the functions w/c are inherent in and naturally pertain to his office and w/c are regulated by law and the regulations.

In this case, the Philippine General Hospital (PGH) did not yet have separate legal personality from the Philippine Govt. It should further be noted that the plaintiff was allowed to sue by virtue of a special law (ACT 2457) but was unable to hold the defendant govt. liable since the injuries were caused by a regular driver of the govt. and not a special agent.

US v. Ceballos, 182 SCRA 644F: Resp. was employed as barracks boy in Camp O'Donnel, and was arrested following a buy-bust operation conducted by petitioners, who are officers of the US Air Force and special agents of the Air Force Office of Special Investigators. Petitioners filed charges against respondent for violation of RA 6425 and testified against him at the trial. Respondent was dismissed from employment as a result of the filing of the charge. Respondent filed a complaint for damages against petitioners for his removal. Defendants (petitioners herein) filed the affirmative defense that they had only done their duty in the enforcement of Phil. laws inside the American bases pursuant to the RP-US MBA. Later, their counsel filed a motion to withdraw answer and moved for the dismissal of the complaint on the ground that defendants were acting in their official capacity and that the complaint against t hem was in effect a suit against the US w/o its consent.

HELD: Petitioners cannot be directly impleaded for acts imputable to their principal w/c have not given its consent to be sued. Petitioners were acting in the exercise of their official functions when they conducted the buy-bust operation.

Private respondent invoke Art. 2180, NCC w/c holds the govt liable if it acts through a special agent. The argument, it would seem, is premised on the ground that since the officers are designated as "special agents," the US govt should be liable for their torts.

• Suability v. Liability- Suability depends on the consent of the state to be sued, liability on the applicable law and the established facts. - The circumstance that a state is suable does not necessarily mean that it is liable; on the other hand, it can never be held liable if it does not first consent to be sued. - Liability is not conceded by the mere fact that the state has allowed itself to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove, it can, that the def. is liable.

• Art. 2180 of the Civil Code establishes a rule of liability, not suability. Therefore, the govt may be held liable under this article only if it first allows itself to be sued through any of the accepted forms of consent.

• Moreover, the agent performing his regular functions is not a special agent even if he is so denominated, as in the case at bar. No less important, the said provision appears to regulate only the relations of the local state w/ its inhabitants and, hence, applies only to the Phil. govt and not to foreign governments impleaded in our courts.

• SC rejected the conclusion of the trial court that the answer filed by the special counsel of the Office of the Sheriff Judge Advocate of Clark



Air Base was a submission by the US govt to its jurisdiction. - Express waiver of immunity cannot be made by a mere counsel of the govt but must be effected through a duly-enacted statute. Neither does such answer come under the implied forms of consent.

NOTES on the consolidated cases US v. Guinto, et al.:

1. The doctrine of state immunity is sometimes derisively called the "royal prerogative of dishonesty" because of the privilege it grants the state to defeat any legitimate claim against it by simply invoking its non-suability. This implies however that the State may be sued with its consent.

2. The consent of the state to be sued may be manifested expressly or impliedly.

- Express consent may be embodied in a general law or a special law. ◌ Express consent is effected only by the will of the legislature through the medium of a duly enacted statute.

- Consent is implied when the state enters into a contract or it itself commences litigation. ◌ When the govt. enters into a contract, it is deemed to have descended to the level of the other contracting party and divested of its sovereign immunity from suit with its implied consent. However, distinctions must be made between sovereign and proprietary acts. The state may only be liable for proprietary acts.◌ As for the filing of a complaint by the govt., suability will result only where the govt. is claiming affirmative relief from the defend-ant.

3. There is no question that the US will be deemed to have impliedly waived its non-suability if it has entered into a contract in its proprietary or private capacity. It is only when the contract involves its sovereign or governmental capacity that no such waiver may be implied.

4. By entering into an employment contract [a proprietary function] with the respondents, the US impliedly divested itself of its sovereign immunity. The state could therefore be sued since such contracts are commercial in nature.

• Incorporation of GOCCsWhen the government creates a corporation,

it invariably provides this corporation a separate entity and with the capacity to sue and be sued. If the government entity is given the capacity to be sued, the suit encompasses any kind of action, including one from tort.

SSS v CA, 120 SCRA 707 (1983) F: The Spouses David and Socorro Cruz obtained a loan from SSS on the security of a lot located in Sto. Rosario, Pateros, Rizal. Claiming that the couple had defaulted in the payment of the monthly amortizations, the SSS applied for the foreclosure of the mortgage. As a result, the sheriff scheduled the sale of the prop. mortgaged and notice of the sale was published. It turned out that while the couple failed to pay some of the amortizations on time, at the time of the application for foreclosure, their account was up to date. The SSS mistook the couple's

account for that of another one bearing the same name Socorro Cruz, although w/ different middle name. The spouses sued SSS for damages.

HELD: (1) Having accepted the late payments of the monthly installments, the SSS could not suddenly and w/o prior notice to the couple apply for the extrajudicial foreclosure of their mortgage. - There was negligence on the part of the SSS when it mistook the loan account of Socorro J. Cruz for that of Socorro C. Cruz. Its attention was called to the error but it refused to acknowledge its mistake. SSS should, thus, be held liable for nominal damages.

(2) Under its charter [RA 1161, sec. 4(k)] the SSS can sue and be sued. So, even assuming that the SSS enjoys immunity from suit as an entity performing governmental functions by virtue of the explicit provision of the enabling law, it can be sued. The government must be deemed to have waived immunity in respect of the SSS, although it does not thereby concede its liability.

• Makasiar, dissenting:The provision that it can be sued and be sued merely allows a private citizen a remedy for the enforcement of his rights but always subject to the defense of the govt. Since under Art. 2180, NCC the State is liable for tort only when it acts through special agents but not when it acts through officials to whom the task done properly pertains and who alone are liable for their torts, the SSS cannot be held liable for damages in this case.

PNB v. CIR, 81 SCRA 314 (1978)F: The United Homesite Employees and Laborers Association of the People's Homesite and Housing Corporation (PHHC) in a case filed before the Court of Industrial Relations prevailed over PHHC. The final and executory judgment was sought to be enforced via a writ of garnishment against PHHC's funds deposited with PNB. PNB sought to quash the writ alleging that the funds were "public in character." The motion was denied.

HELD: PHHC was a government-owned entity. It has personality distinct and separate from the government. It has all the powers of a corporation under the Corporation Law, accordingly it may sue and be sued and may be subjected to court processes just like any other corporation. - Garnishment is a proper remedy for a prevailing party to proceed against the funds of a corporate entity even if owned or controlled by the government. - By engaging in business through the instrumentality of a corp., the govt divests itself of its sovereign character, so as to render the corp. subject to the rules governing private corporations.

Rayo v. CFI of Bulacan, 110 SCRA 456F: Petitioners are among the many victims of the flooding caused by the simultaneous opening of the three floodgates of Angat Dam during the height of typhoon "Kading". The complaints they filed before the CFI of Bulacan were dismissed for the reason that the NPC in the operation of the Angat Dam is `performing a purely governmental function,' thus it `can not be sued without the express consent of the State.'



HELD: The government has organized a private corporation, put money in it and has allowed it to sue and be sued in any court under its charter [RA 6395, Sec. 3(d)]. - As a government owned and controlled corporation, it has a personality of its own, distinct and separate from that of the Government (NASSCO v CIR). - Moreover, the charter provision that the NPC can "sue and be sued in any court" is without qualification on the cause of action and accordingly it can include a tort claim such as the one instituted by petitioners.

C. Implied consent:

(1) When the government enters into business contracts

- When the government is in the performance of governmental function (jure imperii), even if it enters into a contract with private persons, it cannot be sued without its consent.

United States of America v. Ruiz, 136 SCRA 487 (1985)

F: In 5/72, the US advertised for bid projects involving the repair of wharves and certain works on the shorelines at its naval base in Subic, Zambales. Eligio de Guzman & Co., Inc. (EG & Co.) submitted proposals in connection w/ w/c it received 2 telegrams from the US government asking it to confirm its price proposals and the name of its bonding co. However, in 6/82, EG & Co. was informed that its proposals had been rejected and the projects had been awarded to 3rd parties. EG & Co. brought suit in the CFI to compel the US govt to allow it to perform the work on the projects. It also asked for a writ of preliminary injunction to restrain the US govt from entering into contract w/ 3rd parties for work on the projects. The US govt moved to dismiss the complaint, but its motion was denied. Hence, the petition for review.

HELD: It has been necessary to distinguish bet. sovereign and governmental acts (jure imperii) and private, commercial and proprietary acts (jure gestionis.) The result is that State immunity now extends only to acts jure imperii.

A state may be said to have descended to the level of an individual and can thus be deemed to have tacitly given its consent to be sued only when it enters into business contracts. - The rule does not apply where the contract relates to the exercise of its sovereign functions.

In this case the contract for the repair of wharves and piers at the naval base in Subic was held to be in line with the governmental function of the US Government and so the immunity existed.

The projects are an integral part of the naval base w/c is devoted to the defense of both the US and the Phils., indisputably a function of the govt of the highest order; they are not utilized for, nor dedicated to, commercial or business purpose.

Malong v PNR, 138 SCRA 63 (1985)PNR not Immune from Suit

F: The petitioners sued the Philippine National Railway (PNR) for damages for the death of their son who fell from an overloaded PNR train on 10/30/77. However, the trial court dismissed the suit on the ground that, under its charter as amended by PD 741, the PNR had been made a government instrumentality, and that as such it is immune from suit.

HELD: "Not all government entities, whether corporate or non-corporate, are immune from suits. Immunity from suit is determined by the character of the objects for w/c the entity is organized." - When the govt enters into a commercial transaction it abandons its sovereign capacity and is to be treated like any other corp.

In this case, the state divested itself of its sovereign capacity when it organized the PNR, w/c is no different from its predecessor, the Manila Railroad Co.

(2) When it would be inequitable for the state to invoke its immunity, or when it takes private property for public use or purpose.

Amigable v Cuenca, (43 SCRA 360), Alfonso v Pasay and Ministerio v CFI, 40 SCRA 464.

- The SC allowed suit for the recovery of possession of titled lands previously (decades) taken over by the government for expansion of roads without just compensation and the proper expropriation proceedings. In so holding, it said that it would be unjust for the government to invoke immunity after it has itself violated the rights of the parties-claimant by taking over the possession of the lands.

Santiago v. Republic, 87 SCRA 284 (1978)Consent to be Sued Presumed where Allowance of Immunity Would be Inequitable

F: Petitioner filed an action in the CFI of Zamboanga City for the revocation of a deed of donation w/c he and his wife had made to the Bureau of Plant Industry. He claimed that the donee failed to comply w/ the condition of the donation that the donee should install a lighting and water system on the prop. and build an office building w/ parking lot thereon not later than 12/7/74. The trial court dismissed the action on the ground of sovereign immunity.

HELD: Ordinarily, a suit of this nature cannot prosper. It would, however, be manifestly unfair for the govt, as donee, w/c is alleged to have violated the condition under w/c it received gratuitously certain prop., to invoke its immunity. Since it would be against equity and justice to allow such a defense in this case, consent to be sued could be presumed. Thus, SC allowed the revocation of a deed of donation.

Commissioner of Public Highways v Burgos, 96 SCRA 831 (1980)

F: Private respondent Victoria Amigable was the owner of a parcel of land in Cebu City; sometime in 1924 the Government took this land for road-right-of-way purpose. In 1959, she filed in the CFI of Cebu a complaint for recovery of ownership and possession plus damages. This complaint was dismissed by the CFI on the ground of non-suability of the Government.



HELD: The taking of private property by the Government in the exercise of its power of eminent domain does not give rise to a contractual obligation.

(3) If the Govt. files a complaint, defendant may file a counterclaim against it.

Froilan vs Oriental Pan Shipping, 12 SCRA 276, GR L-6060 (Sept. 30, 1950)

F: Froilan purchased from Shipping Commission a vessel for P200,000 paying P50 T down payment. A CM was executed to secure the payment of the balance. For various reasons including non-payment of instalments, the Commission took possession of the vessel and considered the contract of sale cancelled. The Commission chartered and delivered said vessel to Pan Oriental. Froilan appealed from the action of the Commission and he was restored to all the rights under the original contract. However, Pan Oriental retained the possession of the vessel. Froilan filed a complaint to recover possession of the vessel. A writ of replevin was issued. The Govt intervened alleging that Froilan failed to pay the balance to the Commission; that the intervenor was entitled to the possession of said vessel under the terms of the original contract or in order for it to effect the extrajudicial foreclosure of the mortgage. Pan Oriental answered the complaint in intervention praying that if RP succeeded in obtaining the possession of the vessel, to comply w/ its obligation of delivering it to Pan Oriental pursuant to their contract of bareboat charter w/ option to purchase. Complaint in intervention was dismissed upon Froilan's payment of his account to the RP. RP filed a motion to dismiss the counterclaim w/c Pan Oriental had filed against it in view of the court's order dismissing the complaint in intervention. Counterclaim of Pan O. against RP was dismissed. Hence, this appeal. RP raised, among others, as ground for the dismissal of Pan O's counterclaim, the State's immunity from suit.

HELD: By filing its complaint in intervention, the govt in effect waived its right of non-suability. Stated otherwise, by taking the initiative in an action against a private party, the State surrendered its privileged position and came down to the level of the def. The latter automatically acquires, w/in certain limits, the right to set up whatever claims and other defenses he might have against the State.

D. Scope of consent

(1) Under Act No.3083

Sec. 1. Subject to the provisions of this Act, the Government of the Philippines hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, express or implied, which could serve as a basis of civil action between private parties.

▪ When a money judgment is given against the government, the ordinary rule for execution would not apply, for the consent of the government to be sued is only up to the point of judgment. If it does not pay, it cannot be compelled to pay by

attachment or otherwise (how does one attach the Quezon bridge?

- The procedure is for one to furnish the Office of the President with the decision so it could include the amount in the budget for the next year as the basis for appropriation (since there can be no disbursement of public funds except in pursuance of law).

- If the judge nonetheless issues a writ of execution against government funds or property, no ordinary civil action can be filed against the judge, unless there is a showing of malice. But, a reinstatement of the funds to government accounts and refund by the private party can be ordered. (Commissioner of Public Highways v San Diego, 31 SCRA 616 (1970), reiterating the case of Alsua v Johnson.)

Commissioner of Public Highways v San Diego, 31 SCRA 616 (1970)

F: On 11/20/40, the Govt filed a complaint for eminent domain (ED) in the CFI for the expropriation of land belonging to N.T. Hashim needed to construct EDSA. On 11/25/40, the Govt took possession of the prop. upon deposit w/ the city treasurer of the sum fixed by the court as the provisional value of all the lots needed to construct the road. In 1958, the estate of Hashim, through its Judicial Administrator, Tomas Hashim, filed a money claim w/ the QC Engr's Office, w/c was alleged to be the FMV of the prop. in question. Nothing having come out of the claim, the estate filed a complaint for the recovery of the FMV against the Bureau of Public Highways (BPH.) The parties entered into a compromise agreement w/c was approved by the CFI. The estate filed a motion for the issuance of a writ of execution, w/c the court granted. A notice of garnishment, together w/ a writ of execution was served on PNB, notifying it that levy was thereby made upon the funds of petitioner Bureau and the Auditor General on deposit. Respondent Coruna, in his capacity as Chief, Documentation Staff of PNB's Legal Dept., authorized the issuance of a cashier's check of the bank in the amount of the judgment/ compromise agreement. Petitioners contend that PNB acted precipitately in having delivered the amount w/o affording petitioner Bureau a reasonable time to contest the validity of the garnishment. It demands that the bank credit the petitioner's account w/ the amount garnished.

HELD: Although the govt, as plaintiff. in expropriation proceedings, submits itself to the jurisdiction of the Court and thereby waives its immunity from suit, the judgement that is thus rendered requiring its payment of the award determined as just compensation for the condemned prop. as a condition precedent to the transfer to the title thereto in its favor, cannot be realized upon execution. xxx [It] is incumbent upon the legislature to appropriate any additional amount, over and above the provisional deposit, that may be necessary to pay the award determined in the judgment, since the Govt cannot keep the land and dishonor the judgment.

xxx The universal rule that where the State gives its consent to be sued by private parties either by general or special law, it may limit claimant's claim "only up to the completion of



proceedings anterior to the stage of execution" and that the power of the Courts end when the judgment is rendered, since govt funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments, is based on obvious considerations of public policy. Disbursements of public funds must be covered by the corresponding appropriations as required by law. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects, as appropriated by law.

(2) Under a charter

When consent to be sued is provided by the charter, the consent does not stop with the rendition, but goes up to the satisfaction of the judgment.

PNB v CIR, 81 SCRA 314 (1978)- The SC held that since the PHHC had the capacity to be sued, any judgment against it could be enforced by a writ of execution, and its funds could even be garnished.

PNB v CIR, 81 SCRA 314 (1978), supra.

(e) Measure of recovery

When property has been unlawfully taken by the government so that it is now compelled to make payment, the measure of recovery is the fair market value of the property at the time of taking (Ministerio v CFI, 40 SCRA 464).

The value of the peso in relation to the dollar at the time of taking cannot be considered. For Art 1250 of the Civil Code concerning supervening inflation has no application in eminent domain cases, being applicable only to contractual obligations [Commissioner of Public Highways v Burgos, 96 SCRA 831 (1980)]. Ultimately, the face value of the peso then is the amount to be paid now.

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

This is known as the incorporation doctrine.

The Philippines is bound under the Hague convention (Kuroda vs Jalandoni 42 OG 4282)

▪ In case of conflict between municipal and international laws, both must be harmonized in order to give them both effect. (Co Kim Chan vs Valdez Tan Keh)

Q: What if the conflict is irreconcilable? - Then, municipal law should be upheld because it represented an exercise of police power which, being inherent, could not be bargained away or surrendered through the medium of a treaty (Ichong vs Hernandez 101 Phil 1155)- Municipal law was also upheld as against international law in Gonzalez vs Hechanova (9 SCRA 230), on the basis of the doctrine of separation of powers and in In re Garcia (2 SCRA 984) under the rule making power of the Supreme Court.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

The supremacy of civilian rule over the military is ensured by:

(i) the installation of the President, the highest civilian authority, as the commander-in-chief of the military,

(ii) the requirement that members of the AFP swear to uphold and defend the Constitution, which is the fundamental law of the civil government,

(iii) the professionalization of the service and the strengthening of the patriotism and nationalism, and respect for human rights, of the military,

(iv) insulation of the AFP from partisan politics,

(v) prohibition against the appointment to a civil position,

(vi) compulsory retirement of officers (no over- staying of officers), so as to avoid propagation of power),

(vii) a 3-year limitation on the tour of duty of the Chief of Staff, which although extendible in case of emergency by the President, depends on Congressional declaration of emergency,

(viii) requirement of professional recruitment, so as to avoid any regional clique from forming within the AFP, as well as (ix) the establishment of a police force that is not only civilian character but also under the local executives.

Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

▪ This provision is based upon the inherent right of the state to existence and self-preservation. Lagman and Zosa (38 OG 1676) were convicted of refusal to register for military training as required by the National Defense Law.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.

▪ Under this principle, not only the state that is prohibited from intervening in purely ecclesiastical affairs; the church is likewise barred from meddling in purely secular matters.

- The classic case in separation of church and state is Pamil v Teleron, which invalidated the selection to a local post of Fr. Gonzaga.

Note. Ecclesiastics are not prohibited from running for Congress.

▪ It is difficult to draw the line between separation of Church and State.

- In Elizalde v Victoriano, a law exempting members of Iglesia ni Kristo from the



requirement that all employees must join a union as condition for continued em-ployment, pursuant to a closed-shop agreement in the CBA, on the ground that it is prohibited by their religion, was held valid. Although the law amounted to an establishment of religion, it was likewise promoting the free exercise thereof.

▪ The non-establishment clause is not violated if the benefit derived by a religion from the expenditure of public funds is merely incidental to public purpose.

- In Aglipay v Ruiz, the SC held that the stamps printed by the government to commemorate the 33rd International Eucharistic Congress in Manila did not violate the separation of church and state, because its main purpose was to promote Manila as seat of the congress and thus to attract tourists (the stamp showed the map of the Philippines, not a chalice).

▪ While the Constitution mandates separation of Church and State through 1) Non-Establishment, 2) Free Exercise and 3) No Religious Test clauses in the Bill of Rights, the disallowance of the religious sector from being registered as a political party and from being appointed as sectoral representatives of Congress, yet it allows exceptions to the rule.

(1) The exemption of religious institutions from taxation is a recognition that the Church is not all separate from State, for if they were really so, the Church should be taxed by State like any other entity.

(2) Public funds, while generally prohibited from being spent for religious purposes as an aspect of the Non- Establishment clause, may be applied to priest rendering religious service to the AFP, a penal institution, or a government orphanage or leprosarium.

- Reason: Exigency of the service. If members of the AFP had to go out of the barracks to attend to their spiritual needs, national security might be endangered; if inmates were allowed to go out of jail to hear mass, they might never return; and if lepers were allowed out of the leprosarium, they might contaminate others.

- The general prohibition, however, does not apply to a priest who, for instance, teaches Mathematics at UP, for payment in this case is not for religious activities but for teaching of a secular subject.

(3) The permission to have optimal religious instruction during regular class hours upon written request of the parent or guardian, to be taught by a teacher approved by the authorities of the religion of which the child is a member, provided it is without cost to the government is a new provision in the Constitution.

- Under the old Administrative Code, the instruction could not be within regular class hours. Under A359 of the Civil Code, religious instruction would even be made part of the curriculum (with grades and failing marks), so long as the parents ask for it.

(4) With the exception of sectarian schools, all schools must be owned by citizens or 60% Filipino corporations.

- The control and administration of all schools, including sectarian schools, must be in the hands of Filipinos. - Furthermore, they cannot be established exclusively for aliens, and the alien population in the school should not exceed 1/3.

STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development and agrarian reform.



Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE IV: CITIZENSHIP

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the Philippines;

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

[4] Those who are naturalized in accordance with law.

Citizens are classifiable into:(i) natural-born citizens (covering #'s 1, 2, and 3) and (ii) naturalized citizens (covering #4).

Election of Philippine citizenship

Com. Act No. 625 (June 7, 1941.) AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN

Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV [1935 Constitution: Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship] shall be expressed in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines.

Section 2. If the party concerned is absent from the Philippines, he may make the statement herein authorized before any officer of the Government of the United States (now officials of Philippine Embassy or Consulate) authorized to administer oaths, and he shall forward such statement together with his oath of allegiance, to the Civil Registry of Manila.

Note: The right of election permitted under the 1987 Constitution is available only to

those born to Filipino mothers under the 1935 Constitution who, had that charter not been changed, would have been able to elect Philippine citizenship upon attaining majority age. - That right is retained for them under Article IV, Section 1 (3). - Obviously, election is not necessary in the case of the child to a Filipino mother under the present constitution as she would be considered a Filipino citizen at birth.

Co v. Electoral Tribunal of the House of Representatives 199 SCRA 692 (1991)

- The Court interprets Sec. 1 par. 3 of the Constitution as applying not only to those who elect Phil. citizenship after 2 February 1987 but also those who, having been born of Filipino mothers, elected citizenship before that date.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

▪ Having the status of a natural-born citizen is important for the purpose of certain political and economic rights open only to such citizens.

Who must be natural born citizens:

(1) President Art. VII, Sec. 2(2) Vice-President Art. VII, Sec. 3(3) Members of Congress Art. VI, Sec. 3 and 6(4) Justices of the SC and lower collegiate courts Art. VIII, Sec. 7(1)(5) Ombudsman and his deputies Art. XI, Sec. 8(6) Constitutional Commissions Art. IX, B, Sec. 1 (1)), Art. IX, C, Sec. 1(1), Art. IX, D, Sec. 1(1)(7) Members of the Central Monetary Authority Art, XII, Sec. 20(8) Members of the CHR Art. XIII, Sec. 17(2)

Case A: A Filipino woman married B, an American in 1961. The marriage made A an American citizen (which under CA 63, stripped her of her Philippine citizenship, the marriage having been celebrated before 17 January 1973). A and B lived in the US since then and in 1962, begot C, who was automatically an American citizen by jus soli and jus sanguinis.

In 1983, when C turns 21, can he elect Philippine citizenship? Yes, according to obiters in Cu v Republic and Villahermosa v CID, in order to elect Philippine citizenship, at least for election purposes, it is enough that (1) the person's mother was a Filipino at the time of her marriage to the alien father, even if she subsequently lose her citizenship by virtue of the marriage and (2) the person be a child of that marriage, for him to elect Philippine citizenship.

If C wants to run for Congress, is he considered a natural born Filipino? Under the 1973



Constitution, no. But under the 1987 Constitution, yes.

Note that if he were born after 17 January 1973, the child would not even be a Filipino.

Who are qualified to be naturalized

Qualifications (Sec. 2, CA 473)

A. Age 1) He must not be less than 21 years old at the date of hearing.

Barlongay Case: When the law uses the phase "age of majority," use 18 years old, but not when it uses the phrase "not less than 21 years old.

B. Residence2) He must have resided in the Philippines for a continuous period of not less than ten years.

C. Character3.) He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in an irreproachable conduct during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.

D. Property4.) He must own real estate in the Philippines worth not less than P5,000 or must have some known lucrative trade, profession or lawful occupation.

(Test: Can he support himself and his family?)

E. Education5.) Must be able to speak and write (not read and write) Filipino or English, and a principal dialect (as pro tanto modified by the 1987 Constitution, since the law itself spoke of English or Spanish, and a principal dialect). Thus, a deaf and mute is disqualified, Orest - off v Republic.

When is the ten-year residence requirement reduced to five (5) years?

Com. Act No. 473, sec. 3.

Sec. 3. Special qualifications. The Ten years of continuous residence required under the second condition of the last preceding section shall be understood as reduced to five years for any petitioner having any of the following qualifications:

(1) Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions. (which was allowed before by the 1935 Constitution, no distinction whether appointive or elective posts.)

(2) Having established a new industry or introduced a useful invention in the Philippines. .

(3) Being married to a Filipino woman

▪ If it were an alien woman who married a Filipino man, she would only need:

1. an administrative proceeding for the cancellation of her Alien Certificate of Registration, 2. upon proof of marriage and 3. according to the holding in Moy Yam Lim, proof of non-disqualification.

- These are the only requirements because ipso facto, she became a Filipino herself by marriage. (4) Having been engaged as a teacher in the

Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years.

(5) Having been born in the Philippines.

Who are disqualified to be naturalized?

CA 473, Sec. 4

▪ The applicant must not only possess the qualifications, he must not have any of the disqualifications set by law.

Section 4. Who are disqualified . The following cannot be naturalized as Philippine citizens:

(a) Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

(b) Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;

(c) Polygamists, or believers in the practice of polygamy;

(d) Persons convicted of a crime involving moral turpitude.

▪ Moral turpitude involves dishonesty, depravity. A propensity to break the law, even just traffic laws, constitute moral depravity. While murder being a crime of passion does not involve moral turpitude, theft and estafa do.

(e) Persons suffering from mental alienation or incurable contagious disease;

(f) Persons who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;

(g) Citizens or subjects of nations with whom the Philippines is at war, during the period of such war;

(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.

Declaration of Intention

Com. Act No. 473, sec. 5.

Sec. 5. Declaration of intention . -- One year prior to the filing of his petition for admission to Philippine citizenship, the applicant for Philippine citizenship shall file with the Office of the Solicitor-General, a declaration under oath that it is bona fide his intention to become a citizen of the Philippines.

Such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the Philippines, and the place of residence in the Philippines at the time of making the declaration.



No declaration shall be valid until lawful entry for permanent residence has been established and a certificate showing the date, place, and manner of his arrival has been issued.

The declarant must also state that he has enrolled his minor children, if any, in any of the public schools or private schools recognized by the Bureau of Private Schools of the Philippines, where Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.

Each declarant must furnish two photographs for himself.

Section 6. Persons exempt from requirement to make a declaration of intention . -- Persons born in the Philippines and have received their primary and secondary education in public schools or those recognized by the Government and not limited to any race or nationality, and those who have resided continuously in the Philippines for a period of thirty years or more before filing their application, may be naturalized without having to make a declaration of intention upon complying with the other requirements of this Act.

To such requirements shall be added that which establishes that the applicant has given primary and secondary education to all his children in the public schools or in private schools recognized by the Government and not limited to any race or nationality.

The same shall be understood applicable with respect to the widow and minor children of an alien who has declared his intention to become a citizen of the Philippines, and dies before he is actually naturalized.

▪ If one who is not exempted, fails to file, or files an invalid declaration of intention, he can be denaturalized anytime through denaturalization proceedings.

Procedure

Com. Act. No. 473, Secs. 7-12

Section 7. Petition for citizenship . -- Any person desiring to acquire Philippine citizenship shall file with the competent court, a petition in triplicate accompanied by two photographs of the petitioner setting forth his:

1. name and surname; 2. his present and former places of residence; 3. his occupation; 4. the place and date of his birth; 5. whether single or married and the father of

children, the name, age, birthplace and residence of the wife and of each of the children;

7. the approximate date of his or her arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the ship on which he came;

8. a declaration that he has the qualifications required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act;

9. that he has complied with the requirements of section five of this Act; and

10. that he will reside continuously in the Philippines from the date of the filing of the petition up to the time of his admission to Philippine citizenship.

The petition must be signed by the applicant in his own handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for the period of time required by this Act and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become citizen of the Philippines and is not in any way disqualified under the provisions of this Act.

The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case.

The certificate of arrival, and the declaration of intention must be made part of the petition.

Section. 8. Competent court . -- The Court of First Instance of the province in which the petitioner has resided at least one year immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition.

Section 9. Notification and appearance . -- Immediately upon the filing of a petition, it shall be the duty of the clerk of the court to publish the same at petitioner's expense, once a week for three consecutive weeks, in the Official Gazette, and in one of the newspapers of general circulation in the province where the petitioner resides, and to have copies of said petition and a general notice of the hearing posted in a public and conspicuous place in his office or in the building where said office is located, setting forth in such notice the name, birthplace and residence of the petitioner, the date and place of his arrival in the Philippines, the names of the witnesses whom the petitioner proposes to introduce in support of his petition, and the date of the hearing of the petition, which hearing shall not be held within ninety days from the date of the last publication of the notice.

The clerk shall, as soon as possible, forward copies of the petition, the sentence, the naturalization certificate, and other pertinent data to the Office of the President, the Office of the Solicitor-General, the Provincial Commander of the Philippine National Police of the province and the municipal judge of the municipality wherein the petitioner resides.

Section. 10. Hearing of the petition . -- No petition shall be heard within the thirty (30) days preceding any election. The hearing shall be public, and the Solicitor-General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of the Republic of the Philippines at all the proceedings and at the hearing.

If, after the hearing, the court believes, in view of the evidence taken, that the petitioner has all the qualifications required by, and none of the disqualifications specified in this Act and has complied with all requisites herein established, it shall order the proper naturalization certificate to be issued and the registration of the said naturalization certificate in the proper civil registry as required in section ten of Act Numbered Three thousand seven hundred fifty-three.

Section 11. Appeal . -- The final sentence may, at the instance of either of the parties, be appealed to the Supreme Court.

Section 12. Issuance of the Certificate of Naturalization . -- If, after the lapse of thirty days from and after the date on which the parties were notified of the decision of the Court, no appeal has been filed, or if, upon appeal, the decision of the court has been confirmed by the Supreme Court, and the said decision has become final, the clerk of the court which heard the petition shall issue to the petitioner a naturalization certificate which shall, among other things, state the following:

1. The file number of the petition, the number of the naturalization certificate, the signature of the person naturalized affixed in the presence of the clerk of the court,

2. the personal circumstances of the person naturalized, the dates on which his declaration of intention and petition were filed,

3. the date of the decision granting the petition, and the name of the judge who rendered the decision.

A photograph of the petitioner with the dry seal affixed thereto of the court which granted the petition, must be affixed to the certificate.

Before the naturalization certificate is issued, the petitioner shall, in open court, take the following oath:

"I_________________________________, solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty and particularly to the ___________________________ of which at this time I am a subject or citizen; that I will support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Republic of the Philippines and that I impose



this obligation upon myself voluntarily without mental reservation or purpose of evasion.

So help me God."

a. Declaration of intention filed with the OSG one year before actual application.

b. Filing of petition for naturalization with the RTC of the province in which the applicant is a resident for at least one year.

c. Hearing, except within 30 days before an election. The State is represented by the Solicitor General or by the fiscal in his behalf. Two witnesses to testify on the character of the applicant are presented.

d. Decision. Appeal of the decision of the RTC may be made to SC, pursuant to RA 530, amending Sec. 17 of the Judiciary Act of 1948. (Under BP 129, appeal is to the CA).

e. Decision becomes final but not executory, thirty (30) days after notice of the decision is received by the parties.

- The notice of the decision must be received by the OSG; copy furnished to the fiscal is not sufficient to start the running of the 30-day period.- A favorable decision becomes executory only after 2 years from the finality of the decision. It shall become executory only after the period of 2 years during which the petitioner shall continue to be under probation, as it were, so the government can be doubly sure he is entitled to be naturalized as a citizen of the Philippines. (Republic Act 530, Section 1)

f. Summary hearing after two years, which is really a continuation of the previous proceedings, to prove that:

i) He did not leave RP during the 2-year period of probation;ii) He devoted himself to lawful calling;iii) He was not convicted of any offense of violation of government rules. iv) He did not commit an act prejudicial to national interest or inimical to a government announced policy.

g. Oath before the RTC.

h. Issuance of a Certificate of Naturalization issued by the Court. (Only a certification is given because the decision two years before has granted him his citizenship.)

i. Cancellation of ACR before the Commissioner of Immigration and Deportation.

"Derivative Naturalization" (Sec. 15)

" xxx Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized, shall be deemed a citizen of the Philippines."

Effect of Naturalization on the Children

I. If the child is of age, no effect.

II. If the child is a minor:

a. If born in RP - automatically becomes a citizen upon the naturalization of the father.

b. If born abroad

1. If before the naturalization of the father.

a. If residing in RP at the time of naturalization

- automatically becomes a citizen.

b. If not residing in RP at the time of naturalization

- considered citizen only during his minority, unless he takes permanent residence in RP before reaching majority age. - In other words, he continues to be a Filipino after reaching 18 years old only if he decides to reside here permanently before reaching that age.

2. If after the naturalization of the father

Considered citizen on the condition that upon reaching the age of majority, he takes an oath of allegiance in the Philippine consulate of the place where he may be. If he fails to register his intent to continue as Filipino within one (1) year upon reaching 21 years, he ceases to be a Filipino citizen.

Denaturalization Com. Act No. 473, Sec. 18

Section 18. Cancellation of naturalization certificate issued . -- Upon motion made in the proper proceedings by the Solicitor General or his representative, or by the proper provincial fiscal, the competent judge may cancel the naturalization certificate issued and its registration in the Civil Registry:

(a) If it is shown that said naturalization certificate was obtained fraudulently or illegally;

(b) If the person naturalized shall, within the five years next following the issuance of said naturalization certificate, return to his native country or to some foreign country and establish his permanent residence there: Provided, that the fact of the person naturalized remaining for more than one year in his native country or the country of his former nationality, or two years in any other foreign country, shall be considered as prima facie evidence of his intention of taking up permanent residence in the same;

(c) If the petition was made on an invalid declaration of intention;

(d) If it is shown that the minor children of the person naturalized failed to graduate from a public or private high schools recognized by the Bureau of Private Schools of the Philippines, where Philippine history, government and civics are taught as part of the school curriculum through the fault of their parents either by neglecting to support them or by transferring them to another school or schools. A certified copy of the decree cancelling the naturalization certificate shall be forwarded by the clerk of the Court to the Office of the President and the Solicitor-General;

Not when they dropped out because of scholastic performance

(e) If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of the Constitutional or legal provision requiring Philippine citizenship, as a requisite for the exercise, use or enjoyment of a right, franchise or privilege.

Procedure:



Filed by the Solicitor General before the same RTC that granted his naturalization, regardless of where he may be residing at that time.

Republic vs. Li Yao (214 SCRA 748)

F: Fifteen (15) years after Li Yao was conferred with Filipino citizenship by naturalization, the Republic sought the cancellation thereof on the grounds of: 1) not being of good moral character by having amorous relations with women; 2) not having conducted himself in an irreproachable manner in dealing with the duly constituted authorities by using names other than that authorized, by resorting to tax evasion and violating the Anti-Dummy Law. The trial court relying solely on the ground of evasion of the payment of lawful taxes by underdeclaration of income as reflected in his income tax return for 1946-51, cancelled his naturalization. Hence this appeal.

ISSUE: W/n the cancellation of Li Yao's naturalization was valid.HELD: Yes. A certificate of naturalization may be cancelled if it is subsequently discovered that the applicant obtained it by misleading the court upon any material fact. Law and jurisprudence even authorize the cancellation of a certificate of naturalization upon grounds or conditions which arise subsequent to the granting of the certificate of naturalization. Moreover, a naturalization proceeding is not a judicial adversary proceeding, the decision rendered therein not constituting res judicata as to any matter that would support a judgement cancelling a certificate of naturalization on the ground of illegal or fraudulent procurement thereof.

The concealment of applicant's income to evade payment of lawful taxes shows that his moral character is not irreproachable, thus disqualifying him for naturalization.

A tax amnesty only relieves him from any civil, criminal or administrative liability insofar as his tax case is concerned. It does not have the effect of obliterating his lack of good moral character and irreproachable conduct which are grounds for denaturalization. MRM.

Loss and Reacquisition of Citizenship

Article IV, Sec. 3. Philippine citizenship may be lost or reacquired in the manner provided by law. (referring to CA 63.)

Article IV, Sec. 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law (CA 63) to have renounced it.

Commmonwealth Act 63

Section 1. How citizenship may be lost.-- A Filipino citizen may lose his citizenship in any of the following ways and/or events:

(1) By naturalization in a foreign country;

(2) By express renunciation of citizenship or expatriation;

(3) By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon reaching the age of majority; Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Philippines is at war with any country;

(4) By rendering service to or accepting commission in the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the ff. circumstances is present:

(a) The Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or

(b) The said foreign country maintains armed forces in the Philippine territory with the consent of the Philippines; Provided that the Filipino citizen concerned, at the time of rendering said service or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country:

And provided finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b) shall not be permitted to participate nor vote in any election of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen;

(5) By cancellation of the certificate of naturalization;

(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted;

(7) In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her husband’s country, she acquires his nationality. [This is now qualified by Art. IV, Sec. 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.]

The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic Ibero-American countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.

a. Loss of Citizenship

Grounds:

(1) Naturalization in a foreign country [CA 63, Sec. 1(1)]

Frivaldo v COMELEC (174 SCRA 245) (1989)F: Frivaldo was elected as governor of Sorsogon. The League of Municipalities filed a petition for the annulment of Frivaldo's election and proclamation on the ground that he was not a Filipino citizen, having been naturalized in the US in 1983. He admitted such but raised as a defense that he did so to protect himself from Marcos and that his naturalization as an American citizen was not impressed with voluntariness but was obtained only for reasons of convenience. The League argued that since Frivaldo was a naturalized American citizen and had not reacquired Philippine citizenship on the day of the election, he was not qualified to run for governor. Frivaldo countered that his oath in his certificate of candidacy that he was a natural born citizen should be a sufficient act of repatriation. Additionally, his active participation in the 1987 elections had divested him of his US citizenship under the laws of the US.



HELD: Frivaldo claims he has reacquired Philippine citizenship by virtue of a valid repatriation. He claims that by actively participating in the elections, he automatically forfeited American citizenship under US laws. Such laws do not concern us. Such forfeiture is between him and the US as his adopted country. It should be obvious that even if he did lose his naturalized American citizenship, such forfeiture did not and could not have the effect of automatically restoring his citizenship in the Philippines that he had earlier renounced. At best, what might have happened as a result of the loss of his naturalized citizenship was that he became a stateless individual.

Mere filing of certificate of candidacy is not a sufficient act of repatriation. Repatriation requires an express and equivocal act. Frivaldo's claim that he could not have repatriated himself under LOI 270 because the Special Committee provided for therein had not yet been constituted seems to suggest that the lack of that body rendered his repatriation unnecessary. That is far-fetched if not specious. Such a conclusion would open the floodgates, as it were. It would allow all Filipinos who have renounced this country to claim back their abandoned citizenship w/o formally rejecting their adopted state and reaffirming their allegiance to the Philippines. It does not appear that Frivaldo has taken these categorical acts. He contends that by simply filing his certificate of candidacy he had, w/o more, already effectively recovered Phil. citizenship. But that is hardly the formal declaration the law envisions--surely, Phil. citizenship previously disowned is not that cheaply recovered. If the Special Committee had not yet been convened, what it meant simply was that the petitioner had to wait until this was done, or seek naturalization by legislative or judicial proceedings.

Labo vs COMELEC (176 SCRA 1)F: Ramon Labo, Jr. married an Australian citizen in the Phils. He was granted Australian citizenship . He took an oath of allegiance renouncing all other allegiance, etc. Though the marriage was declared void for being bigamous, Labo was, according to the records still an Australian citizen. In the 1988 local elections, Labo ran for mayor of Baguio. His Filipino citizenship was questioned on the ground that he had acquired Australian citizenship through his marriage to an Australian citizen and his taking an oath of allegiance to Australia where he renounced all other allegiance to other countries. Labo claimed that (1) his marriage did not automatically divest him of his Filipino citizenship and that (2) his naturalization in Australia made him at worst only a dual national and did not divest him of his Philippine citizenship.

HELD: Labo's first contention is irrelevant. He became an Australian citizen by virtue of naturalization and not by marriage.The second argument is specious w/c cannot stand against the clear provisions of CA No. 63, w/c enumerates the modes by w/c Phil. citizenship may be lost, and among them are (1) naturalization in a foreign country; (2)

express renunciation of citizenship; and (3) subscribing to an oath of allegiance to support the Constitution. or laws of a foreign country, all of w/c are applicable to petitioner. Under Article IV, Section 5, "dual allegiance of citizen is inimical to the national interest and shall be dealt with by law."

Even if it be assumed that, as petitioner asserts, his naturalization was annulled after it was found that his marriage was bigamous, that circumstance alone did not automatically restore his Phil. citizenship. His divestiture of Australian citizenship does not concern us here. That is a matter between him and his adopted country. What we must consider is the fact that he voluntarily and freely rejected Phil. citizenship and willingly and knowingly embraced the citizenship of another country. The possibility that he may have been subsequently rejected by Australia does not mean that he has been automatically reinstated as a Phil. citizen

Phil. citizenship may be reacquired by direct act of congress, by naturalization or by repatriation. It does not appear that petitioner has reacquired Phil. citizenship by any of these methods.

(2) Express renunciation or Expatriation [CA 63, Sec 1(2)]

▪ This overrules Haw v Government, where the SC held that renunciation could be implied.

Go Gullian v. Government - Expatriation is a constitutional right. No one can be compelled to remain a Filipino if he does not want to.

Yu v Defensor-Santiago (169 SCRA 364)F: Yu was issued a Portuguese passport in 1971, valid for five years and renewed for the same period upon presentment before the proper Portuguese consular officer. Despite his naturalization as a Philippine citizen in 1978, he applied for and was issued a Portuguese passport in 1981. While still a citizen of the Philippines who had renounced, upon his naturalization, "absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty" and pledged to "maintain true faith and allegiance to the Philippines," he declared his nationality as Portuguese in commercial documents he signed.

HELD: The foregoing acts considered together constitute an express renunciation of petitioner's Philippine citizenship acquired through naturalization.

In Board of Immigration Commissioner vs Go Gallano, express renunciation was held to mean a renunciation that is made known distinctly and explicitly and not left to inference or implication. Yu, with full knowledge and legal capacity, after having renounced Portuguese citizenship upon naturalization as a Philippine citizen resumed or reacquired his prior status as a Portuguese citizen, applied for a renewal of his Portuguese passport and represented himself as such in official documents even after he had become a naturalized Philippine citizen. Such resumption or reacquisition of Portuguese citizenship is grossly inconsistent with his maintenance of Philippine citizenship.



Dissenting: The mere use of a foreign passport is not ipso facto express renunciation of Filipino citizenship. Whatever may be the reasons for doing so, it must be ascertained in a court of law where a full trial is conducted instead of an administrative determination of a most summary nature (as in this case).

Aznar v Osmena, COMELEC, 185 SCRA 703 (May 1990)

F:Emelito Osmena ran for Governor of Cebu in the Jan. 18, 1988 elections. Aznar as Cebu Chairman of LDP-Laban filed with COMELEC a petition for the disqualification of Osmena on the ground that he is allegedly not a Filipino citizen, being a US citizen, as evidenced by Osmena's application for alien, his alien certificate of registration, permit to re-enter the Philippines, immigration certificate of clearance etc. Osmena on the other hand maintained that he is a Filipino citizen, alleging that he is the legitimate child of Dr. Emilio Osmena, that he is a holder of a valid Phil passport, that he has been continuously residing in the Philippines since birth & has not gone out of the country for more than 6 months and that he has been a registered voter in the Philippines since 1965. The Comelec decided for Osmena.

HELD: 1. In the proceedings before the COMELEC, the pet failed to present direct proof that private respondent had lost his Filipino citizenship by any of the modes provided for under CA #63. Among others, these are: (1) by naturalization in a foreign country; (2) by express renunciation of citizenship; (3) by subscribing to an oath of allegiance to support the Constitution or laws of a foreign country. From the evidence, it is clear that private respondent Osmena did not lose his Phil citizenship by any of the 3 mentioned hereinabove or by any other mode of losing Phil citizenship.

2. By virtue of his being the son of a Filipino father, the presumption that private respondent is a Filipino remains. It was incumbent upon the petitioner to prove that private respondent had lost his Phil citizenship. Pet Aznar failed to positively establish this fact. Osmena remains a Filipino & the loss of his Phil citizenship cannot be presumed.

3. Considering the fact that admittedly Osmena was both a Filipino & an American, the mere fact that he has a Certificate stating he is an American does not mean that he is not still a Filipino. In the case of Osmena, the Certification that he is an American does not mean that he is not STILL a Filipino, possessed as he is, of both nationalities or citizenship. There is no express renunciation here of Phil citizenship. There is even no implied renunciation of said citizenship. When we consider that the renunciation needed to lose Phil citizenship must be EXPRESS, it stands to reason that there can be no such loss of Phil citizenship WHEN THERE IS NO RENUNCIATION, EITHER EXPRESS OR IMPLIED.

4. The statement in the 1987 constitution that "dual allegiance of citizens is inimical to

the national interest & shall be dealt with by law" has no retroactive effect. (3) Taking an oath of allegiance to another

country upon reaching the age of majority.

(4) Accepting a commission and serving in the armed forces of another country, unless there is an offensive or defensive pact with the country, or maintains armed forces in RP with RP's consent.

(5) Denaturalization.

(6) Being found by final judgment to be a deserter of the AFP.

(7) Marriage by a Filipino woman to an alien, if by the laws of her husband's country, she becomes a citizen thereof.

▪ This is deemed repealed by the 1973 and 1987 Constitutions, which mandate that Filipino citizens who marry aliens shall retain their citizenship, unless by their "act" or "omission", they are deemed under the law to have renounced it.

At present, the law (CA 63, Sec. 1 par. 7) only provides for express renunciation (i.e., act), and so there is no law at the moment on "renunciation by omission." But Congress may provide for such later.

▪ But Sec. 2 of the 1973 Constitution. (Carried over as Sec. 4 of the 1987 Constitution.) only has a prospective application. Thus, CA 63 continues for marriages celebrated before 17 January 1973.

If a Filipino married a Greek in 1972 and became a Greek citizen herself thereby, then she lost her Filipino citizenship.

As to her children, however, it is enough that she was a Filipina at the time of marriage to qualify them to elect Philippine citizenship when they reached the age of majority (Villahermosa ruling). But if the children were born after 1973, then under the 1987 Constitution, those children are now even natural-born.

▪ But if, in 1961, a Filipino woman married an alien whose country did not make her an automatic citizen, and so in order to acquire his citizenship, she applied for naturalization, and after her naturalization she begot C, C could no longer elect Philippine citizenship.

The ruling in Cu and Villahermosa applies only to mothers who lost their citizenship by operation of law and not by their own voluntary acts.

If C was born after the application but before the approval of the naturalization of his mother, he could still elect Philippine citizenship.

▪ But for similar marriages celebrated after 17 January 1973, the mere fact of marriage alone does not strip the Filipino woman of her Philippine citizenship.

Thus, if a Filipina marries an alien in 1974, even if she gains her husband's citizenship, lives abroad, does not pay her taxes, never returns to RP, she is still a Filipina under the 1973 and 1987 Constitutions, so long as she does not categorically renounce her citizenship.

It follows that her children are natural-born citi-zens, being the children of Filipino mothers, and this time without the need of election.

Expatriation

Go Gullian v. Government - Expatriation is a constitutional right. No one can be compelled to remain a Filipino if he does not want to.

Exception:



Com. Act. No. 63, Sec. 1(3).

[A] Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.

People vs. Manayao, 74 Phil. 721 (1947)F: Manayao was one of the Makapilis who took part in the killing of the residents in barrio Banaban, municipality of Angat, Bulacan. After the liberation, he, among others, was charged w/ treason and w/ multiple murder in the People's court. In his defense, he argues, among others, he has lost his Philippine citizenship and was therefore not amenable to the Phil. law on treason.

HELD: Appellant's contention is repugnant to the most fundamental and elementary principles governing the duties of a citizen toward his country under the Constitution. The defense of the State is a prime duty of government and in the fulfillment of this duty all citizens may be required by law to render personal, military or civil service. During a period of stress, under a Constitution enshrining such tenets, the citizen cannot be considered free to cast off his loyalty and obligations toward his Fatherland.

It would shock the conscience of any enlightened citizenry to say that this appellant, by the very fact of committing the treasonous acts charged against him, divested himself of his Phil. citizenship and thereby placed himself beyond the arm of our treason law. For if this were so, his very crime would be the shield that would protect him from punishment.

Art. XI, Sec. 18. Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

BARLONGAY CASE:

Caasi vs. Court of Appeals (191 SCRA 229)F: These 2 cases were consolidated because they have the same objective: the disqualification under Sec. 68 of the Omnibus Election Code of the private resp., Merito Miguel, for the position of municipal mayor of Bolinao, Pangasinan, to w/c he was elected in the local elections of 1/18/88, on the ground that he is a green card holder, hence, a permanent resident of the US, not of Bolinao.

HELD: Despite his vigorous disclaimer, Miguel's immigration to the US in 1984 constituted an abandonment of his domicile and residence in the Philippines. For he did not go to the US merely to visit his children or his doctor there; he entered the US w/ the intention to live there permanently as evidenced by his application for an immigrant's (not a visitor's or tourist's) visa. Based on his application, he was issued by the US Govt the requisite green card or authority to reside there permanently.To be "qualified to run for elective office" in the Philippines., the law (Sec. 68 of the

Omnibus Election Code) requires that the candidate who is a green card holder must have "waived his status as a permanent resident or immigrant of a foreign country." Therefore, his act of filing a certificate of candidacy for elective office in the Philippines, did not of itself constitute a waiver of his status as a permanent resident or immigrant of the US. The waiver of his green card should be manifested by some act of acts independent of and done prior to filing his candidacy for elective office in this country. Without such prior waiver, he was "disqualified to run for any elective office."

Residence in the municipality where he intends to run for elective office for at least 1 year at the time of the filing of his cert. of candidacy, is one of the qualifications that a candidate for elective public office must possess. Miguel did no possess that qualification because he was a permanent resident of the US and he resided in Bolinao for a period of only 3 mos. after his return to the Phils. in Nov. 1987.

b. Reacquisition of Citizenship

Secs. 2- 5, Commonwealth Act 63

Sec. 2. How citizenship may be reacquired . -- Citizenship may be reacquired:

(1) By naturalization: Provided, That the applicant possess none of the disqualifications prescribed in section two of Act Numbered Twenty-nine hundred twenty-seven (now Sec. 4 of CA 473.)

(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status; and

(3) By direct act of the National Assembly (now Congress.)

Sec. 3. Procedure incident to reacquisition of Philippine citizenship . -- The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred twenty-seven (now CA 473) shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special qualifications prescribed in sections 3 and 4 of said Act shall not be required: And Provided, further,

(1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;

(2) That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and

(3) That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.

Sec. 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry.

Sec. 5. The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General, subject to approval of the Secretary of Justice.

(1) Naturalization (CA 63 and CA 473)



But this is now an abbreviated process, with no need to wait for three years (one year for declaration of intent, and two years for the judgment to become executory).

An applicant must only possess the following:a. 21 years of age;b. Resident for 6 months;c. Good moral character;d. No disqualification.

(2) Repatriation

(i) Woman who by her marriage lost her citizenship.

(This is no longer true under the 1973 and 1987 Constitutions, if the loss was due only to marriage.)

People v. Avengoza, 119 SCRA 119 (1982)F: Go Cham, a Chinese, his wife Anselma Avengoza, and the latter's mother, Gavina A., were accused of violation of CA 108. It was charged that Go Gam and Anselma A. used Gavina A. as dummy in order to acquire lands in Camarines Sur w/c the couple were not qualified to acquire under the 1935 Consti. Pending trial, Gavina A. and Go Cham died. On her motion the trial court allowed Anselma A. to withdraw her previous plea of not guilty and to file a motion to quash w/c the court later granted. The trial court ruled that Anselma had reacquired her Filipino citizenship upon the death of her husband, Go Cham, and upon complying w/ CA 63, sec. 4 by taking an oath of allegiance to the Republic and filing the oath w/ the Civil Registrar. The prosecution appealed.

HELD: Def. Avengoza's sole evidence on record to support her repatriation is her oath of allegiance to the Republic. Def. Avengoza became an alien by reason of her lawful marriage to a Chinese citizen; however this does not necessarily mean that she was a Filipino citizen previous to such marriage. Thus, she should first prove her citizenship previous to her marriage and as there is no conclusive proof of this matter on record, this question must be judicially determined before she can be legally repatriated.

Jao v. Republic, 121 SCRA 358 (1983)F: Petitioner filed in the CFI-Davao a petition for repatriation. She claimed that while her father was a Chinese and her mother a Filipino, her parents were not legally married, and that although she lost her Phil. citizenship when she married a Chinese national, her husband died on 9/6/62. After trial, the court declared the petitioner judicially repatriated. The govt appealed.

HELD: Although her citizenship prior to her marriage to a Chinese husband needed judicial confirmation, the process of repatriation itself (i.e., of reacquiring that citizenship) involves a purely administrative proceeding.

Thus: Filipino citizenship prior to its loss by virtue of marriage to an alien and gaining his citizenship needs judicial declaration. But reacquisition of such citizenship by repatriation is a purely administrative procedure.

In the case at bar, the proceedings taken in the trial court are a complete nullity.

Moreover, the petitioner's claim of Phil. citizenship prior to her marriage for being allegedly an illegitimate child of a Chinese father and a Filipino mother may not be established in an action where the other or her heirs are not parties. It is consistent rule that Phil. citizenship may not be declared in a non-adversary suit where the persons whose rights are affected by such declaration are not parties, such as an action for declaratory relief or a petition for judicial repatriation as an alien.

(ii) Those declared by authorities to be

deserters of the Armed Forces. (Only this is applicable to the present.)

(3) Legislative Act- Which is both a mode of acquiring and reacquiring citizenship.

BARLONGAY CASE:

Republic vs. Dela Rosa, 232 SCRA 785F: Three (3) petitions involving the same issues and parties were consolidated. Said cases questioned the readmission of Juan Frivaldo as a Filipino citizen under CA 63 or the Revised Naturalization Law as amended by CA 473. Frivaldo became a US citizen allegedly due to the pressure from the Marcos regime. He came back here, ran for Governor of Sorsogon and won.

HELD: (DISQUALIFIED) Frivaldo must vacate his office and surrender the same to the Vice-Governor.

• A former citizen who opts to reacquire Phil. citizenship through naturalization under CA 63 is duty bound to follow the procedure prescribed by said law, and it is not for him to decide and select the requirements which he believes are inconvenient. The law does not distinguish between an applicant who was formerly a Filipino citizen and one who was never a citizen.(Barlongay: This statement is inaccurate because there are indeed differences.)

• Failure to comply with the publication and posting requirements under the law rendered null and void the proceedings conducted, the decision rendered and the oath of allegiance taken. The TC never acquired jurisdiction to hear the petition for naturalization of Frivaldo. Under the law, both the petition for naturalization and the order setting it for hearing must be published once a week for three consecutive weeks in the OG or in a newspaper of general circulation. Moreover, the publication and the posting must be in its full text for the Court to acquire jurisdiction.

•The petition for naturalization lacks several allegations under Secs. 2 and 6 of the law:

(1) that petitioner is of good moral character;

(2) he resided continuously in the Phil. for at least ten years;

(3) that he is able to speak and write English and any one of the principal dialects;

(4) he will reside continuously in the Phil. from date of filing of petition until his admission to Phil citizenship;



(5) that he has filed a declaration of intention or if he is excused from said filing, the justifi-cation therefor. The absence of such allegations is fatal to the petition.

• A decision in a petition for naturalization becomes final only after 30 days from promulgation, counted from the date of receipt by the Sol. Gen. of his copy of the decision.

Sec. 1 of RA 530 provides that no decision granting citizenship in naturalization proceedings shall be executory until after 2 years from its promulgation in order to be able to observe if the applicant has:

(1) not left the country;

(2) dedicated himself continuously to lawful calling;

(3) not been convicted of any offense or for violation of government promulgated rules;

(4) not committed any act prejudicial to the interest of the country or contrary to government announced policies.• In the case at bar, the proceedings in the TC were marred by irregularities. The hearing was set ahead of the scheduled date upon request of Frivaldo so he could catch up with the last day for filing his certificate of candidacy, without publication; the petition was heard within 6 months from last publication; Frivaldo was allowed to take his oath of allegiance even before the finality of judgment and without waiting for the 2 year waiting period.

ARTICLE V: SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

This is part of elections.

ARTICLE VI: THE LEGISLATIVE DEPARTMENT

Powers of the Congress may be classified into:i. legislative and ii. non-legislative.

The power to make laws includes the power to alter and repeal them.

The legislative power includes the specific powers of:

1. appropriation2. taxation and

3. expropriation

The Congress also discharges powers of a non-legislative nature, among them are:

1. the canvass of the presidential elections2. the declaration of the existence of a state of war3. the confirmation of amnesties4. through the Commission on Appointments,

presidential appointments5. the amendment or revision of the constitution

and\6. impeachment

Composition: Senate and House of Representatives

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications:

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Terms:

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

2 kinds of representative: District and Party-list

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

Qualifications:



Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Salaries:

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

Parliamentary Immunities: Privilege from arrest; privilege of speech and debate

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Conflict of Interest

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Incompatible and forbidden offices

Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.

Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Inhibitions and disqualifications

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.

Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof,

including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Sessions

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Officers

Section 16. (1). The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.

▪ Quorum: any number sufficient to transact business. It is required that the quorum be a majority of ALL the members of each house.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

Discipline of Members:

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

▪ Journals: are a record of what is done and past in a legislative assembly.

They are useful not only 1. for authenticating the proceedings but 2. also for the interpretation of laws through a

study of the debates held thereon and3. for informing the people of the official conduct

of their respective legislators.

Enrolled bill: has been defined as one which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor (or president) and filed by the secretary of state.

- The contents of the enrolled bill shall prevail over those of the journal in case of conflict (Mabanag vs Lopez Vito 78 Phil 1)

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings. Adjournment

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

▪ Electoral Tribunals are sole judges of all contests relating to the election, returns and qualifications of their respective MEMBERS. (Lazatin vs HRET G.R. No. 84297, Dec.8,1988)

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which



shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.

Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein.

The senior Justice in the Electoral Tribunal shall be its Chairman.

COA

Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Organization

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.

The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

Legislative Inquiries

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.

The rights of persons appearing in, or affected by, such inquiries shall be respected.

Section 22. The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments.

Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance.

Interpellations shall not be limited to written questions, but may cover matters related thereto.

When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

War Powers

Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Origin of Bills

The procedure in the approval of bills is briefly as follows:

1. A bill is introduced by any member of the House of Representatives or the Senate except for some measures that must originate in the former chamber.

2. The first reading involves only a reading of the number and title of the measure and its referral by the Senate President or the Speaker to the proper committee for study.

3. The bill may be “killed” in the committee or it may be recommended for approval, with or without amendments, sometimes after public hearings are first held thereon. If there are other bills of the same nature or purpose, they may all be consolidated into one bill under common authorship or as a committee bill.

4. Once reported out, the bill shall be calendared for second reading. It is at this stage that the bill is read in its entirety, scrutinized, debated upon and amended when desired. The second reading is the most important stage in the passage of a bill.

5. The bill as approved on second reading is printed in its final form and copies thereof are distributed at least three days before the third reading. On third reading, the members merely register their votes and explain them if they are allowed by the rules. No further debate is allowed.

6. Once a bill passes third reading, it is sent to the other chamber, where it will also undergo the three readings. If also approved by the second House, it will then be submitted to the President for his consideration.

7. The bill is enrolled when printed as finally approved by the Congress, thereafter authenticated with the signatures of the Senate President or the Speaker and the Secretary, and approved by the President.

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Appropriation bill is one of the primary and specific purpose of which is to authorize the release of funds from the public treasury.

Revenue bill is one that levies taxes and raises funds for the government, while a tariff bill specifies the rates or duties to be imposed on imported articles.

Bill increasing the public debt is illustrated by one floating bonds for public subscription redeemable after a certain period.

Bill of local application is one involving purely local or municipal matters, like a charter of a city.



Private bills are illustrated by a bill granting honorary citizenship to a distinguished foreigner.

Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the

purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

The provision below provides for three methods by which a bill may become a law, to wit:

1. When the President signs it2. When the President vetoes it but the veto is

overridden by two-thirds vote of all the members of each House

3. When the President does not act upon the measure within thirty days after it shall have been presented to him.

Thus, a bill becomes a law by action or by inaction of the President.

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President.

If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it.

If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal.

The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Referendum and Initiative

Referendum is the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of the electors become a law. It is also defined as a method of submitting an important legislative measure to a direct vote of the whole people, the submission of a law passed by the legislature for their approval or rejection.

Initiative is defined as the power of the people to propose bills and laws, and to enact or reject them at the polls, independent of the legislative assembly. It is the right of a group of citizens to introduce a matter for legislation either to the legislature to the voters.



Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

ARTICLE VII: EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.

Powers of the President:

1. General Supervision - over local governments could be exercised by him only as may be provided by law in accordance with the constitutional limitation (Lacson vs Roque (92Phil 456); Mondano vs Silvosa (97Phil143)

2. Appointing power

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

Section 16. The President shall nominate and, wit the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.

▪ On permanent appointments not temporary or designated appointments, the latter are not subject to the confirmation by the Commission on Appointments. Such confirmation, if given erroneously, will not make the incumbent a permanent appointee.

There are now six categories of officials who are subject to the appointing power of the President, viz:

a. The heads of the executive departmentsb. Ambassadors, other public ministers and consulsc. Officers of the armed forces from the rank of colonel or naval captaind. Those other officers whose appointments are vested in him by the Constitution

e. All other officers of the government whose appointments are not provided for by lawf. Those whom he may be authorized by law to appoint.

▪ Thus, the Commissioner of Customs was not held to be not subject to confirmation, being of the rank of the bureau director, who was purely deleted from the listing of those whose appointments had to be approved by the COA (Sarmiento vs Mison, G.R. No. 79974, Dec. 17, 1987).

Distinction between the regular and ad interim appointments are the following:

Regular Appointment Ad interim Appointmentmade during the legislative

sessionmade during the recess;

made only after the nomination is confirmed by

the COA

made before such confirmation;

once confirmed by the COA, continues until the end of the term of the appointee

cease to be valid if disapproved by the COA or upon the next adjournment

of the Congress.

▪ The ad interim appointment is intended to prevent to prevent a HIATUS in the discharge of official duties.

▪ An appointment is deemed complete only upon its acceptance. Pending such acceptance, which is optional to the appointee, the appointment may still be validly withdrawn (Lacson vs Romero 84 Phil 740)

Limitations on the appointing power is in Article VII, Section 14.

3. Removal Power - From the express power of appointment, the President derives the implied power of removal. However, not all appointees may be removed by him (there should be a cause as may be provided for by law and in accordance with administrative procedure) since the Constitution prescribes certain methods for the separation from the public service of some such officers. - Thus, when a city charter provides that its vice-mayor shall be appointed by and hold office at the pleasure of the President of the Philippines and after one year the appointee was required to vacate his office in favour of another, the said vice-mayor’s term of office expired and therefore cannot invoke unlawful removal as no administrative charge was filed against him (Alajar vs Alba 100 Phil 683 and Aparri vs CA, 127 SCRA 231)

4. Control Power - Control is defined as the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter.

Note Alter ego doctrine – the members of the Cabinet are subject at all times to the disposition of the President and the acts performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive (Villena vs Sec. of the Interior 67 Phil 451).



Thus, when the Congress granted the Sec of Agriculture the power to promulgate rules and regulations concerning trawl fishing and the President exercised this power directly, it is within his control power (Araneta vs Gatmaitan 101 Phil 328) The President may go over, confirm, modify or reverse the actions taken by his department secretaries (Lacson-Magallanes Co., Onc. Vs Pano 21 SCRA 895; Angangco vs Castillo 9 SCRA 619) A provincial fiscal cannot add one accused on his own when only five was directed for him to file (Noblejas vs Salas 67 SCRA 47; Jacob vs Puno 131 SCRA 144)

5. Power to take care means to take care that the laws be faithfully executed makes the President a dominant figure in the administration of the government.

6. Military Power

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.

Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.

The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

▪ He is the commander-in-chief of all the armed-forces. The military power of the President enables him to:

a. command all the armed forces of the Philippinesb. suspend the privilege of the writ of habeas corpus and

c. declare martial law subject to judicial inquiry of its validity

Authorities of the Commander-in-Chief

a. He may call out the armed forces to prevent or suppress lawless violence, invasion or rebellion ONLY

b. The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion

c. The duration of such suspension or proclamation shall not exceed sixty days, following which it shall be automatically lifted

d. Within 48 hours after such suspension or proclamation, the President shall personally or in writing report his action to the Congress

e. The congress may the, by majority vote of all its members voting jointly, revoke his action. The revocation may not be set aside by the President.

f. By the same vote in the same manner, the Congress may, upon initiative of the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires the extension

g. The action of the President and the Congress shall be subject to review by the Supreme Court which shall have the authority to determine the SUFFICIENCY of the FACTUAL BASIS of such action. This may be raised by any citizen and it is not a political question. Moreover, the Supreme Court must decide the challenge within 30 days from the time it is filed.

h. Martial law does not automatically suspend the privilege of the writ of habeas corpus. The Civil Courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning

i. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion

j. Any person arrested for such offenses must be judicially charged therewith within three days. Otherwise, he shall be released.

7. Pardoning Power

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

a. Pardon is an act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed.

b. Commutation is a reduction or mitigation of the penalty, e.g. when the death sentence is reduced to life imprisonment.



c. Reprieve is merely a postponement of a sentence to a date certain, or stay of execution. It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or in the case of execution of death sentence upon a pregnant woman, to prevent the killing of her unborn child (no more death sentence law)

The following are the constitutional limitations on the pardoning power of the President:

1. Pardon cannot be granted in cases of impeachment.

2. No pardon can be granted for the violation of any election law, rule or regulation without the favourable recommendation of the COMELEC3. Pardon can be granted only AFTER conviction by final judgment.

Kinds of pardon:

1. Absolute – is one extended without any strings attached2. Conditional – is one under which the convict is required to comply with certain requirements

3. Plenary – extinguishes all the penalties imposed upon the offender, including accessory liabilities

4. Partial – does not extinguish all penalties imposed

Effects of Pardon: - To restore the offender’s liberty, civil and political rights.

Pardon ParoleInvolves only the release of

the conviction from imprisonment

Restore his liberty

A pardonee is a free man The parolee is still in custody of the law although

no longer under confinement

Pardon ParoleRestores his liberty Involves only the release of

the convict from imprisonment

A pardonee is a free man The parolee is still in the custody of the law

although no longer under confinement

Parole ProbationExecutive Judicial

Presupposes the prior service of part of the

setence

may be granted even before service of sentence.

Amnesty Pardonis usually addressed to

crimes against the sovereignty of the State, to

political offenses, forgiveness being deemed

more expedient for the public welfare than

prosecution and punishment

condones infractions of the peace of the State

is usually generally addressed to classes or even communities or

persons

is usually addressed to an individual

there may or may not be distinct acts of acceptance so that if other rights are

dependent upon it and are separated there is affirmatie

evidence of acceptance

there must be distinct acts of acceptance

Requires such concurrence does not require the concurrence of the Congress

a public act of which the courts take judicial notice

a private act of the President which must be

pleaded and proved by the person pardoned because

the courts do not take judicial notice of it

looks backward and abolishes and puts into

oblivion the offense itself; it so overlooks and obliterates the offense with which he is

charged that the person released by amnesty stands before the law precisely as though he had committed

no offense.

looks forward and relieves the offender from the

consequences of an offense of which he has been

convicted

▪ In amnesty, previous admission of guilt is required.

8. Borrowing Power

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law.

The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

9. Diplomatic Power

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

10. Budgetary Power

Section 22. The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

11. Informing Power

Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.

QualificationsThis list of qualifications is exclusive and may not

be reduced or increased by the congress. Expressio unius est exclusion alterius.

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.



Term of Office

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter.

The President shall not be eligible for any re-election.

No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms.

Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate.

Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:

"I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." [In case of affirmation, last sentence will be omitted].

Salary

Section 6. The President shall have an official residence.

The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure.

No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved.

They shall not receive during their tenure any other emolument from the Government or any other source.

Vacancy

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms. If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term.

In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress.

Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written



declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Disqualification

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure.They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.

They shall strictly avoid conflict of interest in the conduct of their office.

▪ The provision below is intended as a guarantee against nepotism (cf PD 807, Sec. 49)

▪ The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

ARTICLE VIII: JUDICIAL DEPARTMENT

To maintain the independence of the Judiciary, the following safeguards have been embodied in the Constitution:

1. The SC is a constitutional body. It cannot be abolished nor may is membership or manner of its meetings be changed by mere legislation

2. The members of the judiciary are not subject to confirmation by the COA

3. The members of the SC may not be removed except by impeachment

4.The SC may not be deprived of its minimum original and appellate jurisdiction

5. The appellate jurisdiction of the SC may not be increased by law without is advice and concurrence

6. The SC now has administrative supervision over all lower courts and their personnel

7. The SC has exclusive power to discipline judges of the lower courts

8. The members of the SC and all lower courts have security of tenure, which cannot be undermined by a law reorganizing the judiciary

9. They shall not be designated to any agency performing quasi-judicial or administrative functions

10. The salaries of judges may not be reduced during the continuance in office

11. The judiciary shall enjoy fiscal autonomy

12. The SC alone may initiate rules of court

13. Only the SC may order the temporary detail of judges

14. The SC can appoint all officials and employees of the judiciary/

Judicial Power

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Jurisdiction

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

Fiscal Autonomy

Section 3. The Judiciary shall enjoy fiscal autonomy.Appropriations for the Judiciary may not be reduced by

the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Composition of the SC

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices.

It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

En Banc cases(2) All cases involving the constitutionality of a treaty,

international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Division Cases(3) Cases or matters heard by a division shall be

decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the



issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members.

When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Requisites of a judicial inquiry

1. There must be an actual case or controversy

2. The question of constitutionality must be raised by the proper party

3. The constitutional question must be raised at the earliest possible opportunity and

4. The decision of the constitutional question must be necessary to the determination of the case itself.

Actual case involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial resolution; not moot and academic.

Proper party is one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of.

Earliest Opportunity – the rule is that the constitutional question must be raised at the earliest possible opportunity, such that if it is not raised in the pleadings, it cannot be considered at the trial, and if not considered at the trial, it cannot be considered on appeal.

Exceptions:1. In criminal cases, the constitutional question

can be raised at any time in the discretion of the court

2. in civil cases, the constitutional question can be raised at any stage IF it is necessary to the determination of the case itself

3. In every case, except where there is estoppel the constitutional question may be raised at any stage IF it involves the JURISDICTION OF THE COURT.

Effects of Declaration of Unconstitutionality

ORTHODOX VIEW1. An unconstitutional act is not a law; 2. it confers no rights; 3. it imposes no duties; 4. it affords no protection; 5. it creates no office; 6. it is in legal contemplation inoperative as if it

had not been passed

MODERN VIEW1. the court in passing upon the question of

constitutionality does not annul or repeal the statute if it finds it in conflict with the Constitution.

2. It simply refuses to recognize it and 3. determines the rights of the parties just as if

such statute had non-existence.

Partial Constitutionality

Done in order to salvage the valid portions of the law in order to give effect to the legislative intent. In order to be valid, two conditions must concur:

1. That the legislature is willing to retain the valid portions even if the rest of the statute is declared illegal and

2. That the valid portions can stand independently as a separate statute.

Bar Flunkers Case (In re Cunanan 94 Phil 534) That the law amending the Rules of Court is constitutional. That the law retroactively reduced the passing average in the bar examinations was declared unconstitutional for being an encroachment upon judicial functions.

Section 5. The Supreme Court shall have the following powers:

Original Jurisdiction1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Appellate Jurisdiction (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

Temporary assignment of Judges(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

Change of Venue or Place of Trial(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

Rule-making Power(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Limitations on the rule making power of the SC are the following:

a. The rules must be uniform for all courts of the same grade.

b. The rules must not diminish, increase or modify substantive rights.

Appointment of Court Personnel(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Quo warranto - is an action for usurpation of office or franchise or against a corporation for violation of its charter or for misuse, non-use or forfeiture of its rights and privileges.

▪ “Except as otherwise provided by law” The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty or by which the rightful custody of any person is withheld from the person entitled thereto.



Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Qualifications

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines.

A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Judicial and Bar Council

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court.

The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary.

It may exercise such other functions and duties as the Supreme Court may assign to it.

Appointments

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy.

Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Salaries of Judges

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Tenure of Judges ▪ No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its Members.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good

behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office.

The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Consultations of the Court

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court.

A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties.

Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor.

The same requirements shall be observed by all lower collegiate courts.

Decisions of the Court

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

▪ Section 14 is not applicable:

1. To orders of the court disposing incidental matters2. To administrative cases3. To decisions rendered by Administrative agencies which are not courts of justice.

Periods for Decisions

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties.

The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Annual Report

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

ARTICLE IX: CONSTITUTIONAL COMMISSIONS



To ensure the independence of these bodies, the following guarantees are prescribed in the New Constitution:

1. These bodies are created by the Constitution itself may not be abolished by statute

2. Each of them is expressly described in the Constitution as independent

3. Each of them is conferred certain powers and functions which cannot be withdrawn or reduced by statute

4. The chairmen and members of all of these Commissions may not be removed from office except by impeachment5. The chairmen and members of all of these Commissions are given the fairly long term of seven years

6. The terms of office of the chairmen and members of all these Commissions are staggered in such a way as to lessen the opportunity for appointment of the majority of the body by the same President

The requisites for effective operation of the rotational scheme as it is also called are as follows:

a. The original members of the Commissions shall begin their terms on a common date; and

b. Any vacancy occurring before the expiration of the term shall be filled only for the balance of such term (Republic vs Imperial 96 Phil 770)

7. The chairmen and members of all of these Commissions may not be reappointed or appointed in an acting capacity

8. The salaries of the chairmen and members of all of these Commissions are relatively high and may not be decreased during their continuance in office

9. The Commissions all enjoy fiscal autonomy

10. Each Commission may promulgate its own rules

11. The chairmen and members of all of these Commissions are subject to certain disqualifications and inhibitions calculated to strengthen their integrity

12. ConComs are allowed to appoint their own officials and employees in accordance with the Civil Service Law.

A. COMMON PROVISIONS

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

DisqualificationsSection 2. No member of a Constitutional

Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested,

directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Salary

Section. 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

Appointment

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Fiscal Autonomy

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Rules

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Decision

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution.

A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself.

Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

FunctionsSection 8. Each Commission shall perform such other

functions as may be provided by law.

B. THE CIVIL SERVICE COMMISSION

Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment.

Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.



(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided by law. Objectives of the Civil Service

Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.

It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability.

It shall submit to the President and the Congress an annual report on its personnel programs.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.

Section 5. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, their positions.

Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owned or controlled corporations or in any of their subsidiaries.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries.

Section 8. No elective or appointive public officer

or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

Career service is characterized by:

1. entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications

- Excepted from the requirement for competitive examinations are the:

a. policy-determining – is one charged with laying down of principal or fundamental guidelines or rules, such as that of a head of a department

b. primary confidential andc. highly technical positions – requires the

appointee thereto to possess technical skill or training in the supreme or superior degree. A city engineer is technical but it is not highly so because

he is not required or supposed to possess a supreme or superior degree of technical skill (De los Santos vs Mallare 87 Phil 289)

2. opportunity for advancement to higher career positions

3. security of tenure

▪ Under the rules, pending the employee’s administrative investigation, it is provided that the employee charged shall be subject to preventive suspension but the same shall be lifted after ninety (90) days if he is not a presidential appointee UNLESS the delay in the conduct of the probe is imputable to him.

Civil Service Decree allows summary removal:

1. When the charge is serious and the evidence of guilt is strong

2. When the respondent is recidivist or has been repeatedly charged and there is reasonable ground to believe that he is guilty of the present charge or

3. When he is notoriously undesirable.

The career service includes:

1. open career positions for appointment to which prior qualification in an appropriate examination is required

2. closed career positions which are scientific or highly technical in nature; these include the faculty and academic staff of state colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems

3. Positions in the Career Executive Service, namely: Undersecretary, assistant secretary, bureau director, assistant bureau director, regional director, assistant regional director, chief department service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President

4. Career officers, other than those in the career Executive Service, who are appointed by the President, such as the foreign Service Officers in the Department of Foreign Affairs

5. Commissioned officers and enlisted men of the Armed Forces, which shall maintain a separate merit system

6. Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non-career service

7. Permanent laborers whether skilled, semi-skilled or unskilled.

Non-career service is characterized by:

1. Entrance on bases other than those of the usual tests of merit and fitness utilized for the career service

2. Tenure which is limited to a period specific by law, or which is co-terminus with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.



The non-career service includes:

1. Elected officials and their personnel or confidential staff

2. Department heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff

3. Chairmen and members of the Commissions and boards with fixed terms of office and their personal or confidential staff

4. Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed on e year and perform or accomplish the specific work or job under their own responsibility with minimum of direction and supervision from the hiring agency and

5. Emergency and seasonal personnel

C. THE COMMISSION ON ELECTIONS

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections.

However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment.

Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

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

(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections.

Religious denominations and sects shall not be registered.

Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.

(9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre- proclamation controversies.

All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.

Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, and equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies.



However, they shall be entitled to appoint poll watchers in accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.

D. THE COMMISSION ON AUDIT

Composition

Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.

Powers and Functions

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post- audit basis:

(a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution;

(b) autonomous state colleges and universities; (c) other government-owned or controlled

corporations and their subsidiaries; and (d) such non-governmental entities receiving

subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity.

However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies.

It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary,

excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.

Prohibited exemptions

Section 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Report

Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency.

It shall submit such other reports as may be required by law.

ARTICLE X: LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays.

There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local 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. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy.

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

Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms.

Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.



Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies.

The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination.

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province.

The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials.

Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law.

Section 14. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region.

AUTONOMOUS REGIONS

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed.

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

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multi-sectoral bodies.

The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units.

The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over:

(1) Administrative organization; (2) Creation of sources of revenues; (3) Ancestral domain and natural resources; (4) Personal, family, and property relations; (5) Regional urban and rural planning development; (6) Economic, social, and tourism development; (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.

Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws.

The defense and security of the regions shall be the responsibility of the National Government.

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of:

1. culpable violation of the Constitution, is wrongful intentional or wilful disregard or flouting of the fundamental law.

2. treason, is committed by any person who, owing allegiance to the government of the Philippines, levies war against it or adhered to its enemies, giving them aid and comforts.

3. bribery, is committed by any public officer who shall agree to perform an act, whether or not constituting a crime or refrain from doing an act which he is officially required to do in connection of any offer, promise, gift or present received by him personally or through the mediation of another or who shall accept gifts offered to him by reason of his office.

4. graft and corruption, is to be understood in the light of the prohibited acts enumerated in the Anti-Graft and Corrupt Practices Act, which was in force at the time of the adoption of the Constitution.

5. other high crimes, according to the special committee of the House of Representatives that investigated the impeachment charges against President Quirino, are supposed to refer to those offenses which like treason and bribery are of so serious and enormous a nature as to strike at the very life or the orderly workings of the government or

6. betrayal of public trust, is a new ground added by the Constitutional Commission as a catch-all to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes, like, inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by malfeasance or misfeasance, cryonism, favouritism, obstruction of justice.

All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.



(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter.

The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment.

When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote.

No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

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.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election.

The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six

nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter.

Such appointments shall require no confirmation. All vacancies shall be filled within three months after

they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

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

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the 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.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released.

Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.



Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the under-privileged.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop.

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

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 sixty per centum of whose capital is owned by such citizens.

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 be provided by law.

In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation's marine wealth in its 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 fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country.

In such 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.

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.

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

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground.

Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law.

The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good.

Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

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.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.



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

The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years.

Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires.

The State shall encourage equity participation in public utilities by the general public.

The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State.

The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations.

Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires.

No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They

shall also be subject to such other qualifications and disabilities as may be prescribed by law.

The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

LABOR

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.

They shall be entitled to security of tenure, humane conditions of work, and a living wage.

They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.

To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners.

The State shall further provide incentives for voluntary land-sharing.



Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore.

It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services.

The State shall also protect, develop, and conserve such resources.

The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion.

Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises.

Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens.

In the implementation of such program the State shall respect the rights of small property owners.

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

HEALTH

Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost.

There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children.

The State shall endeavor to provide free medical care to paupers.

Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country's health needs and problems.

Section 13. The State shall establish a special agency for disabled person for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society.

WOMEN

Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged.

The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

HUMAN RIGHTS

Section 17. (1) There is hereby created an independent office called the Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar.

The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly released.

Section 18. The Commission on Human Rights shall

have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

(6) Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;



(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,

CULTURE AND SPORTS EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4.(1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens.

The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrolment in any school.

The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties.

Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5. (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

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

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfilment.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the patronage of the State.

The State shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.

Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

LANGUAGE



Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Section 10. Science and technology are essential for national development and progress.

The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services.

It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research.

Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit.

It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

SPORTS

Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

ARTICLE XV: THE FAMILY

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.

ARTICLE XVI: GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

Section 3. The State may not be sued without its consent.

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State.

Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

(4) No member of the armed forces in the active

service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.



Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission.

The authority of local executives over the police units in their jurisdiction shall be provided by law.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

Section 8. The State shall, from time to time, review to increase the pensions and other benefits due to retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

Section 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.

Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

ARTICLE XVII: AMENDMENTS OR REVISIONS

Two steps are involved in the amendment or revision of the Constitution.

1. Proposal and2. Ratification.

▪ Proposal is either thru Congress or Constitutional Convention. A special case is provided for where the proposal may be made directly by the people thru initiative.

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through

initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.

No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVIII: TRANSITORY PROVISIONS

Section 1. The first elections of Members of the Congress under this Constitution shall be held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be simultaneous with the election of the Members of the Congress.

It shall include the election of all Members of the city or municipal councils in the Metropolitan Manila area.

Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years.

Section 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.

Section 4. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

For treaties, the rule is that if they have not been ratified before, they shall not be renewed or extended without the concurrence of the Senate, the suggestion being that if they were ratified, they can then e extended or renewed without such concurrence.

Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992.

Section 6. The incumbent President shall continue to exercise legislative powers until the first Congress is convened.

Section 7. Until a law is passed, the President may fill by appointment from a list of nominees by the respective sectors, the seats reserved for sectoral representation in paragraph (2), Section 5 of Article V1 of this Constitution.

Section 8. Until otherwise provided by the Congress, the President may constitute the Metropolitan Manila Authority to be composed of the heads of all local government units comprising the Metropolitan Manila area.



Section 9. A sub-province shall continue to exist and operate until it is converted into a regular province or until its component municipalities are reverted to the mother province.

Section 10. All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law.

The provisions of the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.

Section 11. The incumbent Members of the Judiciary shall continue in office until they reach the age of seventy years or become incapacitated to discharge the duties of their office or are removed for cause.

Section 12. The Supreme Court shall, within one year after the ratification of this Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution.

A similar plan shall be adopted for all special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse, before the ratification of this Constitution, of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts, shall be determined by the Supreme Court as soon as practicable.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this Constitution shall apply to cases or matters filed before the ratification of this Constitution, when the applicable period lapses after such ratification.

Section 15. The incumbent Members of the Civil Service Commission, the Commission on Elections, and the Commission on Audit shall continue in office for one year after the ratification of this Constitution, unless they are sooner removed for cause or become incapacitated to discharge the duties of their office or appointed to a new term thereunder. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution.

Section 16. Career civil service employees separated from the service not for cause but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following the ratification of this Constitution shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation.

In lieu thereof, at the option of the employees, they may be considered for employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries.

This provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.

Section 18. At the earliest possible time, the Government shall increase the salary scales of the other officials and employees of the National Government.

Section 19. All properties, records, equipment, buildings, facilities, and other assets of any office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this Constitution shall be transferred to

the office or body to which its powers, functions, and responsibilities substantially pertain.

Section 20. The first Congress shall give priority to the determination of the period for the full implementation of free public secondary education.

Section 21. The Congress shall provide efficacious procedures and adequate remedies for the reversion to the State of all lands of the public domain and real rights connected therewith which were acquired in violation of the Constitution or the public land laws, or through corrupt practices. No transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall expropriate idle or abandoned agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform program.

Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized by duly constituted authority shall be dismantled.

All paramilitary forces including Civilian Home Defense Forces not consistent with the citizen armed force established in this Constitution, shall be dissolved or, where appropriate, converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

Section 26. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this Constitution.

However, in the national interest, as certified by the President, the Congress may extend such period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order and the list of the sequestered or frozen properties shall forthwith be registered with the proper court.

For orders issued before the ratification of this Constitution, the corresponding judicial action or proceeding shall be filed within six months from its ratification. For those issued after such ratification, the judicial action or proceeding shall be commenced within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.

Proof-reader:Ms. Aisa Maunting


Documents

CONSTITUTIONAL LAW I - Master Copy.doc