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Quick and dirty Finals reviewer for Constitutional Law I (I-A)

Glenn Tuazon (2007)
[Note: best viewed in Helvetica]
N.B. I didnt lock or e-protect this file on purpose, so feel free to add or amend
anything. Please share; dont be a crab!
ARTICLE I: NATIONAL TERRITORY
What national territory comprises:
o Philippine Archipelago and all islands and waters embraced
within
o All other territories over which the Philippines has sovereignty
and jurisdiction
o Territorial sea, seabed, subsoil, insular shelves, submarine
areas
o FOR FIRST TWO: terrestrial, aerial, fluvial domains
Constitution: municipal law; will only be binding internationally if
supported by other proof in international law.
Military bases of the US are still part of Philippine territory, which is the
reason why it could cede part of the authority over this area to the US.
(Raegan v. Commissioner)
Archipelagic principle
o Internal waters, irrespective of breadth and dimension, are part
of Philippine territory.
o Straight baseline method to delineate territorial sea
o CONFLICT: Philippines considers water between islands as
internal waters (no innocent passage), whereas the 1982
Convention on the Law of the Sea considers it archipelagic
waters (allow innocent passage).
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
Philippines: Democratic and Republican State; sovereignty resides in
the people
o Elements of a State: (a) people, (b) territory, (c) sovereignty,
(d) government
o LEGAL SOVEREIGNTY: supreme power to affect legal
interests by legislative, executive, or judicial action; POLITICAL
SOVEREIGNTY: sum of all legal and non-legal influences
which determine course of law
o CONSTITUENT FUNCTIONS of government are compulsory,
while MINISTRANT FUNCTIONS are optional. (Bacani v.
Nacoco)
o DE JURE government: established by authority of legitimate
sovereign; DE FACTO: in defiance of legitimate sovereign
o De facto governments: (a) usurpation by force, (b) established
by invading military forces, (c) secession (Co Kim Chan v.
Valdez Tan Keh)
o GMA government is de jure. Same with Cory government. (In
re Letter of Assoc. Justice Puno)
o There was no Constitution from Feb 25 to Mar 24 1986. There
was no Bill of Rights, but the UDHR and ICCPR were
operative. (Republic v. Sandiganbayan)
o The Philippines has always had a President form of
government. The Marcos government under the 1973
Constitution still had elements of a presidential government: (a)
separation of powers, (b) pre-eminence of President, even
over the PM. (Free Telephone Workers Union v. Minister of
Labor)
o Republican: all government authority emanates from the
people; Democratic: has aspects like initiative and referendum
Renounce war as instrument of national policy; adopt generally
accepted principles of I-Law as part of the law of the land
o Aggressive war is denounce, not defensive
Civilian authority is supreme over Military; AFP protects the people,
State sovereignty, and territorial integrity
Primary duty of the Government: SERVE AND PROTECT THE
PEOPLE. Citizens may be called to provide military or civil service.
Separation of Church and State
Freedom from nuclear weapons and also nuclear arms tests
o ALLOW nuclear energy
Equally protect life of the mother and the unborn from conception.
o Does NOT assert that the unborn is a legal person
o Not EXACTLY same level of life as the mother, but if it can be
protected, protect it
o A denunciation of the Roe v. Wade principle
Protect and advance the right of people to a balanced and healthful
ecology
o This is, surprisingly, an enforceable right. (Oposa v. Factoran)
(LLDA v. CA)
State shall guarantee equal access to opportunities for public service
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o NOT an enforceable right. State can limit national election
candidates to those who can wage national campaigns.
(Pamatong v. COMELEC)
ARTICLE IX: CONSTITUTIONAL COMMISSIONS
Common Provisions
Independent
Cannot hold ANY OTHER OFFICE or EMPLOYMENT, business,
financial contract (DIRECTLY/INDIRECTLY)
Salary: fixed by law, cannot be decreased during tenure, can be
increased
Fiscal autonomy appropriations regularly and automatically released
o No report, no release is invalid (CSC v Dept of Budget)
Promulgate rules EN BANC. Only limitation: cannot diminish, increase,
or modify substantive rights.
o Supreme Court cant change rules but may exercise judicial
review.
o If in front of Commission, its rules prevail; if in front of court, the
Rules of Court prevail (Aruelo v. Court of Appeals)
o Congress CANNOT change rules made by CCs (Macalintal v.
COMELEC)
Decisions: majority of ALL MEMBERS, w/n 60 days of submission
o Made by persons no longer members upon promulgation are
invalid (Ambil v COMELEC)
Appeal to SC w/n 30 days, unless provided otherwise by law
o RA 7902 may be appealed to CA w/n 15 days (Mathay Jr. v
CSC)
o COMELEC can only elevate cases re: ELECTIVE officials
(Garces v Court of Appeals)
Civil Service Commission
1 chairman, 2 commissioners
Natural born, at least 35 years old, proven capacity for public
admin, not candidates in immediately preceding elections
Appointment: 7 years; President with approval of COA, Stagger: 7-
5-3 for first appointees; no TEMPORARY or ACTING capacity for
appointees
o Feb 2, 1987 as common starting point (Gaminde v.
Commission on Audit) applies to all CCs
o Ordering absorption is an invalid act of appointment
(Mathay Jr. v. Court of Appeals)
Includes GOCCs: created by special charter, not under Corporation
Code (ex. Local Water Districts under PD 198 and PAGCOR under
PD 1869)
o Upon privatization, ceases to fall under civil service
Appointments: by merit and fitness through competitive exams.
Exams waived for Policy-determining, Primarily Confidential, Highly
Technical positions but still determined by merit and fitness.
o PC: close intimacy between appointer and appointee
which insures freedom of intercourse without
embarrassment (De los Santos v. Mallare)
o NATURE of job, not description, determines if it is PD, PC,
or HT (Borres v. Court of Appeals)
o CSC may not disapprove appointments as long as the
person is qualified. This is the ambit of the executives
discretion (Central Bank v. CSC)
o BUT if the person was already appointed, then the
appointment is withdrawn: violation security of tenure.
CSC may reinstate (Aquino v. CSC)
o Career Civil Service: entrance based on merit and fitness,
security of tenure, opportunity for advancement;
o Non-career Service: entrance on bases other than usual
tests merit and fitness, tenure limited by law, coterminous
with appointer or subject to his pleasure, or limited to
duration of purpose of appointment
Suspensions only by cause provided by law; also applies to non-
competitive positions
o PC: loss of trust = expiration of term of office; not a
removal violating security of tenure (Hernandez v.
Villegas) same with Foreign Service officials tenure is
coterminous with appointer (Astraquillo v. Manglapus)
o Transfer to another position w/o consent of employee and
temporary transfers designed to lure away from
permanent position: violates security of tenure (Gloria v.
CA)
o Designated officers do not have security of tenure
because they are not appointed per se (Binamira v.
Garrucho Jr)
o No security of tenure for unqualified for office (Dimayuga
v. Benedicto II)
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o Abolition of office in GOOD FAITH does not violate
security of tenure; not for personal or political reasons,
and not in violation of law (Briones v. Osmena)
o No reorganization if there is no revision in lines of control,
authority, membership, or consolidation/abolition of
officers (Canonizado v. Aguirre)
o President has prerogative to inactivate officers in the
executive department (Buklod ng Kawaning EIIB v.
Executive Sec.)
o CSCs sole function is to attest to qualification, not
determine which appointee is better (Luego v. CSC)
Cannot engage in any electioneering /partisan political campaign
(but may express interests)
o Does not apply to Dept. Secretaries (Santos v. Yatco)
Right to self-organization
o But public school teachers, policemen, firemen, etc. may
not strike unless provided otherwise by law
Same protection to temporary employees
CSC: Central Personnel Agency of the government; adopt
measures, merit and rewards system, HR development programs,
personnel programs
o Just as the CSC may issue certificates of eligibility, they
may revoke the same. Whether it needs trial or not
depends on circumstances of the case. (Lazo v. CSC)
Compensation system: STANDARDIZED, but equality is NOT
required
No LAME DUCK APPOINTMENTS (candidates who lost in election
may not be appointed to govt. or GOCCs within ONE YEAR of loss)
No elective official may be appointed in any public office during his
tenure. EXCEPT: VP appointed into Cabinet and Congressman
appointed to JBC.
o Congressmen automatically forfeit congressional seat,
but Other Elective Officials cannot accept appointment
without first RESIGNING (no forfeiture) (Flores et al. v.
Drilon and Gordon)
Appointed officials cannot hold any other office in govt. UNLESS
PROVIDED OTHERWISE BY LAW, or as ex-officio chair by
primary focus of position ex. Sec of Finance is ex-officio chair of
monetary board
No public official can receive double compensation UPOBL, or
accept any present/title/office from foreign government WITHOUT
CONSENT OF CONGRESS. Pensions or gratuities are not double
compensation.
o Additional compensation: twice for same office; double
compensation: two sets of compensation for two different
offices (Quimson v Ozaeta)
Commission on Elections
1 chairman, 6 commissioners: natural born citizens, at least 35
years old at time of appointment, holders of college degree, not
candidates for any elective position in the immediately preceding
elections; MAJORITY of 7 members must be members of Bar, with
at least 10 years in practice of law
o Practice of law: liberally construed (Cayetano v. Monsod)
o Choice of temporary chair falls in discretion of
Commission, and may not be appointed by President
(Brillantes Jr av Yorac)
7 years, Appointed by President with consent of COA, stagger 7(3)-
5(2)-3(2), Feb 2 87 as common starting point, no temporary
appointment
Enforce and administer all laws and regulations re: Election,
Plebiscite, Initiative, Referendum, Recall (EPIRR)
o Implicitly, may promulgate rules and regulations (Gallardo
v. Tabamo Jr.)
ORIGINAL jurisdiction over ERQ of regional/provincial/city officials
and APPELLATE jurisdiction over ERQ of municipal/barangay
officials trial courts have original jurisdiction. APPELLATE
decisions on municipal and barangay officials: FINAL AND
EXECUTORY with no appeal, but certiorari is allowed.
o May issue writs of certiorari, mandamus, quo warranto,
and habeas corpus in its APPELLATE function.
COMELEC and SC have concurrent jurisdiction over
these. (Relampagos v. Cumba)
o Appeal period: 5 days (Antonio v. COMELEC)
o In municipal contests, even if COMELEC began hearing
the case as pre-proclamation controversy, when there is
proclamation, it becomes part of the RTCs jurisdiction
(Arcenas v. COMELEC)
o In pre-proclamation: administrative/quasi-judicial role; in
proclamation controversies: judicial
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o EXCLUSIVE appellate jurisdiction on municipal/barangay
controversies. Laws giving appellate power to the RTC are
unconstitutional (Flores v. COMELEC)
o SK elections: under DILG, not COMELEC (Mercado v.
Board of Election Supervisors)
o Popular barangay elections, not for officers of a barangay
federation (Taule v. Secretary Santos)
Decide all administrative issues in elections, except those involving
RIGHT TO VOTE.
o Cannot transfer municipalities (Montejo v. COMELEC)
o May annul an entire election based on post-election
terrorism, w/c makes them unable to tell honest from
fraudulent votes (Biliwang v. COMELEC)
Deputize (with concurrence of President): law enforcement
agencies including AFP to ensure clean/honest/orderly elections
Register political parties/coalitions/organizations must present
platform. Accredit citizens arms of COMELEC. Disallow
RELIGIOUS, VIOLENT, ANTI-CONSTITUTION, and FOREIGN
GOVERNMENT-SUPPORTED organizations. May DQ parties that
receive financial contributions from foreign governments.
o For intra-party disputes, COMELEC may turn to Party
Constitution but need not resolve root of conlict (LDP v.
COMELEC)
o Ban is on religious denominations and sects, not lay
organizations with religious affiliations
File for inclusion/exclusion of voters upon own initiative or upon
petition; investigate or prosecute election offenses may deputize
fiscals, who are under COMELECs jurisdiction in performance of
this function
o When COMELEC as prosecutor files a case in the RTC,
the RTC gains exclusive authority, including ordering a re-
investigation (People v. Hon. Delgado)
o It is not the COMELECs duty to physically attain all
evidence as prosecutor; the complainant has to also prove
his asserted complaint (Kilosbayan v. COMELEC)
o COMELEC does not necessarily have to devolve
investigation to Provincial Prosecutor, but it may although
it has EXCLUSIVE JURISDICTION (People v. Judge
Inting)
Recommend to Congress measures to minimize election spending,
limitations on campaign material posting, and penalties for offenses
Recommend to President removal or punishment of any
officer/employee deputized for violation of election conduct
Submit to President and Congress comprehensive report for each
EPIRR
May sit en banc or in two divisions. ALL ELECTION CASES
HEARD IN DIVISION. Motions for reconsideration: en banc.
o Any decision first rendered en banc is void (Soller v.
COMELEC)
o En banc for motions for reconsideration on DECISIONS,
not dismissals (Salazar, Jr. v COMELEC)
During election period, may supervise or regulate (but not
confiscate) franchises and permits of transportation, public utilities,
media, and other government grants. Aim to ensure equal time,
space, opportunity, and fair rates for campaign
o Regulatory power extends to plebiscites and referenda
(Unido v. COMELEC)
o Regulation must extend to assure candidates equal
opportunity and access, not to prevent commentaries from
being issued (Sanidad v. COMELEC)
o May not compel media to allocate free services/space
tantamount to taking of property without just compensation
(Philippine Press Institute v. COMELEC)
Pardon, amnesty, parole, suspension of sentence for violation of
election laws need to be with favorable recommendation of
COMELEC
Free and open party system
o Registration: (1) confers juridical personality, (2) informs
public of partys existence and ideals, (3) identifies party
and its officers for COMELEC regulation
Votes cast for parties are invalid, except for those under the party-
list system (no block voting)
Political parties not represented in Registration Boards, Election
Inspectors, Board of Canvassers. But they may appoint poll
watchers
o 1935 Constitution and 1971 Election Code: top two parties
had privilege of having representatives in such bodies
Election period: 90 days before e-day until 30 days after
Fiscal autonomy
Commission on Audit
1 chairman, 2 commissioners
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Natural born citizens, 35 years old, CPAs with at least 10 years
experience OR members of the Bar engaged in practice of law for
at least 10 years, not candidates for any election immediately
preceding appointment. Members should not all belong to just one
profession.
Appointment: 7 years without reappointment, 7-5-3 stagger, no
temporary or acting capacity.
Pre-audit: examine, audit, and settle all accounts of government, its
subdivisions, and GOCCs with original charters
o Commission not estopped from doing post-audit after pre-
audit (DBP v Commission on Audit)
o Can only settle LIQUIDATED accounts, not unfixed or
undetermined debts. (Compania General de Tabacos v.
French and Unson)
o May reduce submitted amounts on ground of
excessiveness, disadvantaging government (Dincong v.
Guingona, Jr.)
Post-audit: (1) Constitutional bodies with fiscal autonomy, (2)
autonomous state colleges and universities, (3) other GOCCs and
subsidiaries, (4) non-governmental entities receiving subsidy/equity
directly or indirectly BUT MAY ADOPT BY LAW special or pre-
audit if internal control systems are inadequate.
EXCLUSIVE authority to define scope of audit and examination,
establish techniques, promulgate rules, including those preventing
unnecessary, extravagant, or excessive (U,E,E) use of government
funds.
o May not prevent payment of backwages because it is not
an U,E,E use of government funds (Uy v. COA)
o Scope includes not just accountable officers but also other
officers performing related functions (such as computers
and evaluators) (Mamaril v. Domingo)
o May determine if public bidding has failed to be fulfilled,
e.g. only one company presented a bid (Danville
Maritime v. Commission on Audit)
o Only authority to promulgate rules is exclusive, so public
corporations MAY employ private auditors. But COAs
accounting prevails over private accounting. (DBP v.
COA)
Powers, in a nut-shell:
o Examine and audit all forms of government revenues
o Examine and audit all forms of government expenditures
o Settle government account
o Promulgate accounting/audit rules
o Decide administrative cases involving use of public funds
No law may exempt any government entity from COA accounting
Submit report to President and Congress
ARTICLE X: LOCAL GOVERNMENT
Territorial and political subdivisions: provinces, cities,
municipalities, barangays
o Subdivisions cannot be changed except by constitutional
amendment
Autonomous regions: Muslim Mindanao and Cordillera
o Can only add a third one through constitutional
amendment
o The Cordillera Administrative Region is not the Cordillera
AUTONOMOUS Region; the first one is simply an
administrative division by the executive to facilitate
regional development (Cordillera Board Coalition v.
Comm. on Audit)
Subdivisions enjoy local autonomy.
o Decentralization of ADMINISTRATION: central
government delegates administrative power to
subdivisions to broaden power base and facilitate
management of local affairs
o Decentralization of POWER: abdication of political power
in favor of LGUs, allowing for autonomous determination
of its destiny, with minimum central government
intervention (Bernas, Brewing Storm Over Autonomy)
o DEFINITION OF AUTONOMY: LGUs have powers given
by the Constitution that may not be curtailed by the
national government, although LGUs may not pass
ordinances contrary to statute
o Legislative power of LGUs is only delegated by Congress,
so LGUs cannot prevent PAGCOR from operating casinos
in their local unit by virtue of PD 1869 (Magtajas v. Pryce
Properties)
o Specific power granted by statute (to LLDA by PD 813)
prevails over general power of LGUs, so the LLDA can
prevent LGUs from operating fish-pens near Laguna Lake
(LLDA v. CA)
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o Budget officer appointed by Department Head must be
among those recommended by LG head condition sine
qua non of appointing authority (San Juan v. CSC)
o Commission on Audit may not reduce allowances given to
judges by the LG (Dadole v. COA)
1991 Local Government Code: called for by Sec. 3 of the 1987
Constitution
o 1991 LGC provides for initiative, referendum, and recall.
Initiative and referendum apply not only to ordinances, but
also to resolutions. (Garcia v. COMELEC)
o Congress has prerogative to determine how recall
elections may be best held, whether through direct action
of the people or through the Preparatory Recall Assembly
(PRA) (Garcia v. COMELEC)
President has general supervision over local governments and has
direct supervision over regions, provinces, and independent cities.
o General supervision: power of superior officer to ensure
lower officers perform their functions. NO SUBSTITUTION
OF JUDGMENT.
o Secretary of Justice, under the LGC, can only determine is
local tax ordinance is constitutional, but cannot exercise
power of control over such (Drilon v. Lim)
o General supervision includes power to investigate and
remove. Autonomy does not turn LGUs into little
kingdoms. (Ganzon v. CA)
Provinces supervise component cities and municipalities
Cities and municipalities supervise component barangays
o Secretary of Local Government may not annul results of
Barangay federation officers (Taule v. Secretary Santos)
LGUs have power to create its own sources of revenue and to levy
taxes, fees, charges; subject to guidelines and limitations of
Congress. TFCs accrue exclusively to LGs.
o Exemption of PAGCOR from taxation is valid (subject to
guidelines and limitations of Congress) (Basco v.
PAGCOR)
o Business taxes may not be imposed on condominium
corporations, without proving contemplation of business
(Yamane v. BA Lepanto Condominium)
o Administrative orders cannot limit LGUs power to raise
revenues must issuances by CONGRESS (Philippine
Petroleum Corp. v. Municipality of Pililia) Same with
EOs, if there is no statute allowing for EOs' exemptions
(John Hay Peoples Alternative Coalition v. Lim)
o LGC allows LGUs to tax instrumentalities of the national
government; a company cannot rely on cases decided
prior to the LGC (Batangas Power v. Batangas City)
o Guidelines for local taxes: (a) taxpayers are not
overburdened; (b) LGU gets fair share of available
resources; (c) resources of national government are not
unduly disturbed; (d) taxes are uniform, fair, and just
(Manila Electric v. Province of Laguna)
LGUs have just share in national taxes: AUTOMATICALLY
released to them
o Administrative Orders may not withhold the Internal
Revenue Allotment, because it must be automatically
released (Pimentel v. Aguirre)
o Prohibition against withholding applies to both executive
and legislative (Alternative Center v. Zamora))
LGUs entitled to equitable share in proceeds of utilization of natural
resources in their respective areas
o Either have direct shares from revenues or direct benefits
(such as lower rates)
FOUR SOURCES OF REVENUE FOR LOCAL GOVERNMENTS:
o Local taxes, fees, charges
o Share in national taxes
o Share in proceeds of utilization of national resources in
their area
o Other sources of revenue in public or governmental
capacity, or private or proprietary capacity
Terms of local officials are three years. Barangay officials =
provided by law. No more than THREE consecutive terms.
o To count for term limit, official must be ELECTED. If he
simply succeeded (e.g. Vice Mayor to dead Mayor), it
doesnt count. (Borja Jr. v. COMELEC)
o Must be ELECTED and must FULLY SERVE the term.
o Elected a third term, but abandoned office after successful
election challenge by opponent. MAY run again.
(Lonzanida v. COMELEC)
o Lost for third term, but won in the recall election. MAY run
again because third term was not fully served. (Adormeo
v. COMELEC)
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o Completed three terms. Ran again in recall election after.
MAY run, because there was an interruption. (Socrates v.
COMELEC)
o Municipality converted into a city. After three completed
terms, mayor may not run again because there was no
change in constitution. (Latasa v. COMELEC)
o Local Autonomy Code: term of barangay officials is three
years. No prohibition against it being three years as well.
(David v. COMELEC)
Sectoral representation in Legislative Bodies of LGUs, as
prescribed by law
o LGC: President appoints sectoral representatives can do
it through Secretary of Local Government (Supangan Jr.
v. Santos)
No province, city, municipality, barangay may be created, divided,
merged, merged, abolished, changed of its boundary unless: (a)
according to LGC criteria, (b) majority of votes cast in plebiscite of
ALL AREAS AFFECTED
o If barangay, affected city/municipality
o If municipality/component city, affected province
o If province, mother province (Tan v. COMELEC)
o Enactment of the LGC is not a condition sine qua non for
the creation of new LGUs; it just means that when there is
one, its criteria must hold (Torralba v. Municipality of
Sibagat)
Special Metropolitan Subdivisions may be created by Congress,
subject to plebiscite. Component cities and municipalities RETAIN
autonomy, local executives, and legislatives. METROPOLITAN
AUTHORITY: merely for basic services requiring coordination.
o MMDA: Development Authority for metro-wide services:
(a) development planning, (b) transport and traffic
management, (c) solid waste disposal and management,
(d) flood control and sewerage management, (e) urban
renewal, zoning, land use, (f) health and sanitation, (g)
public safety
o ADMINISTRATIVE, with no legislative powers or police
power. (MMDA v. Bel-Air Village)
o Power to confiscate drivers licenses power provided to
MMDA by law (MMDA v. Garin)
THREE KINDS OF CITIES:
o Highly urbanized cities
o Cities with charters prohibiting voters from voting in
provincial elections
o Component cities
First two kinds of cities do not vote in provincial elections
o As corollary, candidates cannot run for the province either
(Abella v. COMELEC)
LGUs may group themselves to coordinate efforts does not
create a new juridical entity, and does not need enabling law
Regional Development Councils: (a) LGU officials, (b) regional
heads of departments/government offices, (c) NGO representatives
Autonomous Regions
Muslim Mindanao and Cordilleras consisting of provinces, cities,
municipalities, geographic areas with common (a) historical and
cultural relevance, (b) economic and social structures, (c) other
relevant characteristics
o Not an independent nation within a nation still within
framework of Constitution and national sovereignty
President has GENERAL SUPERVISION over autonomous regions
What autonomous regions have no power over: national defense
and security, foreign relations/trade, customs and tariff,
currency/monetary affairs/banking, transport, immigration,
citizenship and naturalization, auditing, among others
Congress enacts Organic Act with assistance of Regional
Consultative Commission needs majority of votes cast by
constituent units, with only those voting favorably being included in
the autonomous region
o Basic structure of government, with legislative and
executive both elective and representative of constituent
units
o Special Courts with jurisdiction over: PERSONAL,
PROPETY, and FAMILY law
o Organic Acts may not be amended by general or special
laws. Must always be through plebiscite. (Pandi v. CA)
o It may be possible for one cluster of municipalities or
barangays within one province to belong to an
autonomous region while other might not
o One province cannot constitute the entire autonomous
region the wording is plural (Ordillo v. COMELEC)
o Tribal courts of the Cordillera Bodong Administration only
have advisory and conciliatory powers, and not judicial
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powers because of the failure of the plebiscite. (Spouses
Badua v. Cordillera Bodong Administration)
o Even if the Organic Act of Mindanao contradicts the Tripoli
Agreement, it is valid, because international law and
statutes are on the same level. Whatever comes later
supersedes the other. (Abbas v. COMELEC)
o No need for double majority. (Abbas v. COMELEC)
First Congress has to preferably pass Organic Acts within 18
months of organizations (USELESS)
Organic Act: provide legislative powers over:
o Administrative organization
o Sources of revenue
o Ancestral domain and natural resources
o Personal, family, property relations
o Regional, urban, rural planning development
o Economic, social, tourism development
o Educational policies
o Preservation/development of cultural heritage
o Promotion of general welfare
Preservation of peace and order: local police agencies; defense
and security: national government
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Public office is public trust accountable to people, serve with
utmost responsibility, integrity, loyalty, efficiency, act with patriotism
and justice, lead modest lives
o Officers are agents and not rules of the people, accept
office pursuant to provisions of the law, and hold office as
a trust for the people (Cornejo v. Gabriel)
o Lead modest lives even if officer is wealthy, he must
live life in a manner that doesnt flaunt it
Who may be removed by impeachment (EXCLUSIVE LIST):
o President
o VP
o Members of Supreme Court
o Members of Constitutional Commissions
o Ombudsman
Grounds for removal conviction for:
o Culpable violation of the Constitution
o Treason
o Bribery
o Graft and Corruption
o Other high crimes
o Betrayal of public trust
PROCEDURE:
o Only House of Representatives may initiate impeachment
o Verified complaint filed by either Congressman or any
citizen with endorsement of any Congressman (w/n TEN
SESSION DAYS in order of business, referred to
Committee on Justice w/n THREE SESSION DAYS)
o Committee on Justice submit report to house by majority
vote (w/n 60 SESSION DAYS, calendared for resolution in
TEN DAYS)
o House votes at least 1/3
rd
to affirm or override
Committee resolution; each members vote is recorded
o Trial by Senate convicts on 2/3
rd
vote; on
oath/affirmation if President is on trial, CJ presides but
does not vote
o EFFECT: Removal from office only, but does not preclude
criminal prosecution
o No impeachment proceedings can be initiated against
same official more than once in a period of ONE YEAR
o INITIATION begins upon filing of a verified complaint and
referral to the Committee on Justice. (Francisco, et al. v.
House Speaker)
Sandiganbayan (anti-graft court) continues to function and exercise
jurisdiction
o NOT a constitutional court created by statute but
recognized by the Constitution
o Jurisdiction not limited to graft and corruption alone, but
also other offenses committed by public officers,
employees, and those in GOCCs IN RELATION TO
THEIR OFFICE (Mayos Lecaroz v. Sandiganbayan)
o Private individuals may be charged as co-principals,
accomplices, or accessories along with public
officers/employees. (Balmadrid v. Sandiganbayan)
o BIR designation of a private individual as custodian does
not make one a public officer; he is beyond
Sandiganbayans jurisdiction (Azarcon v.
Sandiganbayan)
Office of the Ombudsman:
o Ombudsman/Tanodbayan
o Over-all deputy
! #$%&& ' '()*+& ,--.
o Deputies for Luzon, Visayas, Mindanao, and (optional)
Military
o Other officials and employees appointed through Civil
Service
o The Ombudsman may delegate investigation of civilian
police to the military deputy (broad power) (Acop v.
Ombudsman)
o Ombudsman Act of 1989 allows Ombudsman to
investigate any illegal act of a public official, even if NOT
related to performance of functions (Deloso v. Domingo)
o Claim of confidentiality cannot bar Ombudsman from
investigating, except if military/diplomatic/national security
(Almonte v. Velasquez)
o May preventively suspend not considered a penalty and
different from functions under Sec. 13 (Buenaseda v.
Flavier)
Office of the Special Prosecutor the Tanodbayan prior to 1987
Constitution: continues to exercise functions except those conferred
to Ombudsman by the Constitution
o The Special Prosecutor may only investigate and file
cases when authorized by the Ombudsman (Zaldivar v.
Sandiganbayan and Gonzales)
o The Ombudsman has primary power to investigate, but it
is not exclusive; may delegate it to Special Prosecutor
(Natividad v. Felix)
Qualifications of Ombudsman and Deputies:
o Natural-born citizens of Philippines
o At least 40 years old
o Recognized probity and independence
o Members of the Philippine Bar
o Not candidates for any office in immediately preceding
election
o OMBUDSMAN: 10 years as judge or in practice of law
Cannot hold ANY OTHER OFFICE or EMPLOYMENT, business,
financial contract (DIRECTLY/INDIRECTLY)
First Ombudsman and deputies: appointed by president from list of
at least SIX NOMINEES prepared by the JBC;
o Thereafter: THREE NOMINEES
o NO CONFIRMATION by Commission on Appointments
o Fill vacancies w/n THREE MONTHS
o Same salary as Constitutional Commission chairman and
members
SEVEN YEARS without reappointment
Cannot run in election immediately after leaving office
Ombudsman and Deputies acts promptly on complaints FILED IN
ANY FORM OR MANNER against public officers
o Definition of PUBLIC OFFICER: one to whom some
sovereign functions of the government has been
delegated / executive function implementation of
policies set forth by law (includes the National Centennial
Commission) (Laurel v. Desierto)
o Authority includes any illegal, unjust, improper, or
inefficient act of a public officer EVEN MURDER
(Deloso v. Domingo)
o Even complaints sworn before notary publics and filed to
provincial fiscals falls in ambit of complaints filed in any
manner (Raro v. Sandiganbayan)
POWERS OF OMBUDSMAN:
o Investigate on its own, or on complaint by any person of
any public official
o Direct any public official to perform or expedite any act or
duty required by law or to stop any abuse
o Direct officer to take appropriate action against any official,
and recommend sanctions
o Direct officer to furnish documents of contracts and
transactions, and direct irregularities to the Commission
on Audit
o Request any government agency for assistance in
discharge of responsibility
o Publicize matters covered by investigations
o Determine causes of inefficiency or corruption and
recommend changes
o Promulgate rules of procedure and perform other functions
APBL
RA 6770 (OMBUDSMAN ACT)
o Allowed Ombudsman to conduct preliminary investigations
and directly undertake criminal prosecution. Basis is
perform other functions APBL (Art XI, Sec 13(8))
(Camanag v. Guerrero)
o Power to investigate is delegable (Honasan II v. Panel of
Investigators of the DOJ)
o Ombudsman may delegate fact-finding to the NBI prior to
its preliminary investigation (Raro v. Sandiganbayan)
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Fiscal autonomy appropriations automatically and regularly
released
Right to recover properties unlawfully acquired cannot be barred by
prescription, laches, or estoppels (but crimes can prescribe)
GOVERNMENT OWNED OR CONTROLLED BANKS/FINANCIAL
INSTITUTIONS cannot grant loans or guaranties to:
o EXEC: President, VP, Members of Cabinet
o LEG: Congress
o JUD: Supreme Court
o Constitutional Commissions and Ombudsman
o Any firm/entity where they have controlling interest
ANY PUBLIC OFFICER declares net assets, liabilities, net worth
upon assumption of office or when law provides
SPECIAL RULE disclose to public assets, liabilities, and net
worth of:
o EXEC: President, VP, Members of Cabinet
o LEG: Congress
o JUD: Supreme Court
o Constitutional Commissions and other constitutional
offices
o Officers of Armed Forces with General or Flag rank
Allegiance of public officers and employees: THIS constitution and
the State
o Punish by law those who seek to change citizenship or
acquire immigrants status DURING TENURE
o Applies to incumbents; for those who have attained green
cards or other nationalities, the rule is for them to waives
status as permanent resident of that country (Caasi v. CA
and Miguel)
ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY
Goals of national economy: (a) equitable distribution of
opportunities, income, wealth, (b) increase of wealth for the benefit
of people, (c) expand productivity to raise quality of life for all
Promote industrialization and full employment based on sound
agricultural development
o Industrialization as result of releasing through CARP
capital locked up in land
o No prioritization of one over the other: flexible and rational
relationship
Protect Filipino enterprises from unfair foreign competition and
trade practices
o The intention is NOT to protect local inefficiency
State encourages private enterprises and corporations to broaden
their base of ownership
REGALIAN DOCTRINE what is owned by the state:
o All land of public domain
o POTENTIAL SOURCES OF ENERGY: Waters, minerals,
coal, petroleum, other mineral oils
o NATURAL RESOURCES: Fisheries, forests, timber,
wildlife, flora and fauna
o No alienation of natural resources EXCEPT agricultural
lands
IMPERIUM: authority possessed by state, expressed in concept of
sovereignty; DOMINIUM: capacity of state to own/acquire property
o Jura regalia: all lands held from the Crown transformed
into State. All ownership of portion of public domain must
be traced back to the state. (Lee Hong Kok v. David)
o EXCEPTION: Upon arrival of colonizers, if natives can
prove that a land has been held as far back as testimony
or memory goes, the land is deemed never to have been
public (Carino v. Insular Government)
Lands of public domain become private through (a) PURCHASE or
(b) GRANT, (c) if it is possessed from time-immemorial even before
Spanish conquest, (d) prescription
o Requirement for prescription: open, exclusive, continuous,
undisputed possession for more than 30 years. Need
CONCLUSIVELY proof. (San Miguel Corp. v. CA)
o Must count period from time the land was public alienable
land, not when it was still forest/timber land (Almeda v.
CA)
o Does not apply to mining claims under the Old Mining Law
it only segregates land, but does not confer ownership
(Director of Lands v. Kalahi Investments)
o Reclaimed land is inalienable public domain. To own it,
show: (a) it was classified as alienable, (b) proof of
acquisition (Republic v. Enciso)
o Public Estates Authority to sell land, must: (a) have
legislative authority, and (b) follow Constitutional rules
(Chavez v. PEA and AMARI)
o Roppongi property in Japan acquired through
Reparations Agreement with Japan. Must not be alienated
! #$%&& ' '()*+& ,--.
because it is State property for the collective benefit and
enjoyment of everyone. (Laurel v. Garcia)
o Aliens may not lease lands of public domain.
o Aliens may lease private lands for a reasonable period.
(Krivenko v. Register of Deeds)
o Prohibition against aliens only in owning land. But they
may own immovable or real property. (J.G. Summit v.
CA)
Exploration, development, utilization of natural resources may be
through: (a) direct undertaking by the State, (b) co-production, (c)
joint venture, (d) production-sharing
o Either with FILIPINO CITIZENS or AT LEAST 60%
FILIPINO-OWNED companies
o THEN: may be leased to Filipino citizens and corporations;
NOW: State must always be involved
o MINERAL AND FOREST LANDS: May NOT be leased.
Agricultural lands MAY be leased.
o Agreements should not exceed 25 years, renewable for
not more than 25 years as well
o For water rights for irrigation, fisheries, etc. OTHER THAN
DEVELOPMENT OF WATER POWER, measure and limit
of grant: BENEFICIAL USE, esp. to subsistence fishermen
o A company may be more than 40% foreign owned, but
they lose capacity to hold lands. (J.G. Summit v. CA)
Rules on waters:
o In-land waters: treated like land foreigners cant enter
o Territorial waters (12 nautical miles): foreign vessels may
enter peacefully
o Exclusive economic zone (EEZ)
o ALL SUCH: exclusive to Filipino CITIZENS, not
corporations
Agreements with foreign-owned corporations in exploration,
development, utilization of minerals, petroleum, mineral oils
technical or financial assistance
o Entered into by President notifies Congress of contracts
w/n THIRTY DAYS of their execution
o Promote use and development of local scientific and
technical resources
o ONLY FOR MINERAL, PETROLEUM, MINERAL OILS (La
Bugal Blaan Tribal Assoc. v. DENR)
o Contracts may includes managerial role for foreign corps
(service contracts) technical and financial is not
restrictive; real standard is general welfare of the country.
Management is allowed, as long as it is incidental to the
financial and technical assistance agreements. (La Bugal
Blaan Tribal Assoc. v. DENR)
Classification of public lands: (a) agricultural, (b) forest or timber,
(c) mineral lands, (d) national parks
o Agricultural lands may be further classified by law
o Only agricultural lands may be alienated
o Private corporations may only lease public lands for period
not more than 25 years, renewable by 25 years up to
1000 hectares
o Private corporations may only acquire PRIVATE land
o Citizens: may acquire (up to 12 hectares) or lease (not
more than 500 hectares) public land
Limits in size of public land allowed to be held set by Congress,
based on (a) conservation, (b) ecology and development, (c)
agrarian reform
EXECUTIVE classifies lands, as delegated by CA 141
o Need executive classification no automatic
reclassification upon change in nature of the land
(Director of Lands v. Judge Aquino)
o No mixed classifications (Republic v. CA)
o If a person discovers minerals in his agricultural land,
State may reclassify the land as mineral land, take over its
ownership, and compensate the owner (Id.)
o Mangrove swamps are forest, not agricultural lands
(Director of Forestry v. Villareal)
For Forest Lands and National Parks: Congress determines by law
the limits for conservation cannot be increase or diminish
boundaries, except by law
Protect rights of indigenous cultural communities to Ancestral
Lands subject to Constitution and national development policies
o May allow customary law on property rights to determine
ownership and extend of ancestral domain
o Ancestral domain all-encompassing concept of all areas
and natural resources used for subsistence and traditional
activities, and not necessarily occupied
o Ancestral lands occupies, possessed, and utilized by
communities under individual or group ownership
o IPRA: constitutional because (a) land is not public, it was
held since immemorial by the indigenous tribes, (b) right
over natural resources is not ownership, but exploration to
! #$%&& ' '()*+& ,--.
ensure protection, (c) priority right, not exclusive right
(DISSENT: abdication of ownership of the State of natural
resources) (Cruz v. Executive Secretary)
Use of property: has social function; must be for common good
o Right to own and operate economic enterprises: subject to
(a) duty of state to promote distributive justice and (b)
intervention when common good demands it
o Cooperatives are subject to duty of state to intervene
when the common good demands it (La Union Electric
Cooperative v. Judge Yaranon)
Private lands may be conveyed to: Filipino citizens, Corporations w/
more than 60% Filipino ownership, Aliens (ONLY FOR
HEREDITARY SUCCESSION), Natural born Filipino citizen who
lost citizenship (may be transferee)
o Aliens may have usufructuary rights over land (Ramirez v.
Vda. de Ramirez)
o Obiter dictum: succession must be intestate, not
testamentary (Id.)
o If one spouse is an alien, and the other Filipino, the
property is not conjugal it is wholly owned by the Filipino
(Cheesman v. Intermediate Appellate Court)
o Under 1935 Constitution, Americans and American
corporations had same rights as Filipino citizens, and may
acquire lands. (Moss v. Director of Lands)
o Initially, Filipino vendor cannot recover land invalidly sold
to an American because they are in pari delicto. (Rellosa
v. Gaw Chee Hun) But in a subsequent case, pari delicto
does not apply when the original parties are dead, or when
it enhances public policy of preserving lands for Filipino
ownership. (Philippine Banking Corporation v. Lui She)
o If an alien who invalidly acquired land sells it to Filipino
citizen, the flaw is cured and title of transferee is valid.
(Halili v. CA)
o An alien cannot claim compensation for losing land he or
she was not capacitated to hold in the first place. (Frenzel
v. Catito)
o RA 8179: Rule on Natural Born Citizens who lost
citizenship: May own up to 5,000 sq. meters of urban land
or up to 3 hectares of rural land may own up to 2 lands
as long as they dont exceed maximum
Independent economic planning agency: headed by President and
recommends to Congress programs for national development
(NEDA) consult with public agencies, private sectors, LGUs
FILIPINIZATION reserve certain areas of investment for Filipino
citizens of Corporations w/ at least 60% Filipino ownership
o Done by Congress, with recommendation of NEDA, when
national policy calls for it
o UNNECESSARY PROVISION. Jurisprudence already
provides that Filipinization may be done without violating
the Equal Protection Clause (Ichong v. Hernandez)
o Different from nationalization ownership reserved to the
State
Grant of rights, privileges, concessions to national
economy/patrimony favor qualified Filipinos
o Ruled as self-executory a mandatory, positive command
that needs no further implementing laws for its
enforcement (Manila Prince Hotel v. GSIS)
o SC upheld Constitutionality of GATT, w/c places aliens
and Filipinos in equal footing. Claimed that above
provision only applies to national economy and patrimony
(WEIRD: trade does); and that Congress may balance
provisions in Constitution (WEIRD: even if the provision is
supposedly mandatory) may be a way to distance self
from Manila Prince decision (Tanada v. Angara)
Franchises to OPERATE public utilities: only to Filipino citizens and
60% Filipino owned corporations (a) non-exclusive (b) FIFTY
years maximum
o Subject to impairment of Congress for common good
o Foreign investors: limited to proportionate share in capital
o Managing officers: must all be Filipino citizens
o Definition of public utility: utility corporation that renders
service to the public for compensation ESSENTIAL
FEATURE: open to an indefinite public (Iloilo Ice and
Cold Storage Co. v. Public Utility Board)
o A shipyard is a public utility, under CA 146. (J.G. Summit
Holdings v. CA)
o Foreigners may completely own public utilities, but
Filipinos must operate it (e.g. LRT) (Tatad v. Garcia)
o Power to issue franchises is legislative, but MAY BE
DELEGATED. (Associated Communications v. NTC0
General stuff:
! #$%&& ' '()*+& ,--.
o Preferential use of Filipino labor, materials, goods make
them competitive
o Trade policy serve general welfare and arrangements of
exchange on equality and reciprocity
o Promote manpower scientists, entrepreneurs,
professionals, managers, etc.
o Practice of all professions in Philippines limited to
citizens UPOBL
o Promote viability and growth of coops for social
justice/development
Formation of corporations only through General Law (Corporation
Code), while GOCCs formed through special charters
o Presidential Decrees cannot dissolve and create a private
company (National Development Co. and New Agrix v.
Philippine Veterans Bank)
NATIONAL EMERGENCY: State may temporarily take over
privately owned public utilities and businesses affected with public
interest
o President can only authorized take over when Congress
gives her emergency powers (David v. Ermita)
o Primary consideration: PUBLIC INTEREST. No need for
just compensation for temporary takeovers, but needed for
permanent takeovers (Agan, Jr. v. PIATCO)
NATIONALIZATION: for public interest, upon just compensation,
transfer to government ownership and operation VITAL industries
o The government may compel a public utility to render
service in public interest as long as there is just
compensation (Republic v. PLDT)
o Public interest: exercise of police power, for national
welfare. For the provision on NATIONAL EMERGENCY,
public interest: companies with characteristics of utilities
ON MONOPOLIES: regulate or prohibit, when public interest
requires
o Cannot restrain trade or allow unfair competition
o State should encourage market economy (Energy
Regulatory Board v. CA)
o Definition of monopoly: only one seller/producer/service
provider, with no alternatives
o Constitution DOES NOT ABSOLUTELY PROHIBIT
monopolies, they may only be regulated as long as no
restraint of competition from new players (Eastern
Assurance v. LTFRB)
CENTRAL MONETARY AUTHORITY: provide policy direction in
money, banking, credit; supervise and regulate (APBL) operations
of banks
o Members are all natural-born Filipino citizens
o Of known probity, integrity, patriotism
o Majority: private sector
o Subject to qualifications and disqualifications by law
o UNTIL PROVIDED OTHERWISE: Central Bank performs
these
FOREIGN LOANS: only according to law and with concurrence of
Monetary Board
Circumventions: subject to criminal and civil sanctions
ARTICLE XVI: GENERAL PROVISIONS
Philippine flag: may only be changed by Constitutional Amendment
New name for country, national anthem, national seal
o Must be reflective and symbolic of ideals, history,
traditions
o CONGRESS enacts law, and PEOPLE ratify by
NATIONAL REFERENDUM
The state may not be sued without its consent
o WHY? Theoretical there is no legal right against that
which makes the law on which the right depends
(Kawananakoa v. Polyblank); Sacrifice individual rights
for higher right of government immunity, and they cannot
sue themselves, as a republic (Metran v. Paredes)
o WHY? Practical loss of governmental efficiency; loss of
time and energy (Providence Washington Insurance
Co. v. Philippines)
o When a suit is against the State:
! Republic is sued by name
! Suit against unincorporated government agency
! Suit is against government officer, but ultimate
liability is governments
o Public officials may be personally accountable for acts
ultra vires (outside of duty) or those done in bad faith
(Chavez v. Sandiganbayan) but there is presumption of
good faith and regularity (Farolan v. Solmac Marketing
Corp.)
! #$%&& ' '()*+& ,--.
o Test of liability of municipality is whether constituent is
performing governmental (not liable) or proprietary (liable)
function (Municipality of San Fernando v. Judge Firme)
o When state can be sued:
! EXPRESSLY
! IMPLIEDLY (a) state enters into private
contract, unless incidental to governmental
function (Syquia v. Almeda-Lopez); (b) state
enters business operation, unless incidental to
governmental function (Mobil Philippines v.
Customs Arrastre Service); (c) when state sues
a private party (Froilan v. Pan Oriental
Shipping)
o Entry into propriety contracts waives immunity (Traders
Royal Bank v. Intermediate Appellate Court)
o Immunity applies to foreign states as well sovereign
equality of states; submission to jurisdiction of foreign
state must be clear and unequivocal (Republic of
Indonesia v. Vinzon)
REPARATIONS AGAINST THE STATE:
o There can be no disbursement of reparations without
Congress appropriating the amount (PHILROCK v. Board
of Liquidators)
o File money claims instead to Commission on Audit, which
shall decide within 60 days
o For property unlawfully taken by State by unauthorized act
of public officer if it can be restored, damages against
the public officer (Festejo v. Fernando); if it cannot be
restored, court will decide
Armed Forces of the Philippines composed of citizen armed force
given military training, APBL. Keep regular force if necessary.
MILITARY provisions:
o Oath/affirmation to uphold/defend Constitution
o State strengthen patriotism, nationalism, respect for
rights
o Primary concern professionalism and adequate
remuneration; isolate from partisan politics except voting
o CANNOT BE APPOINTED TO ANY civilian position in
Government or GOCCs
o Laws on retirement on military service: cannot allow for
extension
o Recruit proportionately from all provinces and cities, as far
as practicable
o CHIEF OF STAFF: tour of duty cant exceed THREE
YEARS. President may extend in times of war or national
emergency.
! May allow to finish tour of duty even beyond
compulsory retirement date, if COS.
ONE Police Force: national in scope and civilian
o Controlled by National Police Commission
o Law provides authority of local executives over police units
o Philippine Constabulary was phased out.
o PNP falls under Civil Service, because its civilian.
(Mendoza v. PNP)
WAR VETERANS, surviving spouses, and orphans given due
care, assistance, DUE (not preferential) consideration for
disposition of agricultural lands
Upgrade pensions and benefits from time to time of all employees
(government and private)
Develop full Filipino capability and structures re: communication for
balanced flow of information; policy reflects freedom or speech and
of the press
o State has used this provision to require interconnection
from PLDT for public good (PLDT v. NTC)
MASS MEDIA OWNERSHIP: Filipino Citizens and Corporations
(100% owned)
ADVERTISING INDUSTRY: Filipino Citizens and Corporations
(70% owned)
o Participation of foreign investor limited to share
o All managing/executive officers must be Filipinos
Congress may create consultative body to advise President on
IPs; majority must come from IP communities
ARTICLE XVII: AMENDMENTS OR REVISIONS
Propose AMENDMENTS or REVISIONS:
o 3/4
th
of members of Congress
o Constitutional Convention
o RATIFICATION: majority of votes in plebiscite (60-90 days
from approval of provision)
o Whether to have amendments or revisions by Congress or
Constitutional Convention is up to complete discretion of
Congress. (Gonzales v. COMELEC)
! #$%&& ' '()*+& ,--.
o But the METHOD of calling it (numbers, etc.) is up for
judicial review, such as whether it met required number of
votes, or whether is was submitted properly to the people.
(Tolentino v. COMELEC)
o Congress as Con-Ass or Con-Con determines when the
plebiscite is held and all other details; if they do not,
Congress as ordinary legislative body does. (Imbong v.
COMELEC)
o Money of Constitutional Convention: only through
appropriations by Congress. Once they get it, they are free
to spend it.
o Under martial law and in the absence of a legislative
assembly, the President may propose amendments to the
Constitution, especially when validated in referenda.
(Sanidad v. COMELEC)
Propose AMENDMENTS ONLY:
o Petition of 12% of all registered voters (with 3% of every
legislative district represented)
o Once every five years only
o Congress provides for implementation of the right
o RATIFICATION: majority of votes in plebiscite (60-90 days
from COMELEC certification of the petition)
o NOT SELF EXECUTORY. The Initiative and Referendum
law does not have a complete provision on Constitutional
amendments, so it still cannot be done. (Santiago v.
COMELEC)
Calling a CONSTITUTIONAL CONVENTION:
o By 2/3
rd
vote of all members of Congress
o Or by majority: submit to electorate question of calling CC
Philippine Constitution is RIGID cannot be changed by ordinary
legislation
Legal sovereignty is on PEOPLE need direct act of people to
change Constitution
Constituent power: (a) formulate/amend/revise/ratify Constitution;
(b) SPECIAL POWER exercised by Congress (conferred by
Constitution) and the people by initiative and referendum; (c) does
not need approval of Chief Executive
Legislative power: (a) pass/repeal/amend ordinary laws and
statutes; (b) ORDINARY POWER exercised by Congress and the
people through initiative and referendum; (c) needs approval of
Chief Executive
Amendment alteration of one of a few specific and isolated
provisions in the Constitution
Revision re-examination of the entire document or a cluster of
provisions, contemplating structural change
Revolution changing the Constitution with disregard to provisions,
since people are the ultimate legal sovereign (1973 and Freedom
Constitutions)
Steps in amendment/revision: (a) proposal (b) submission (c)
ratification
o For Congress, nothing is said if both houses vote
separately or together
o Bernas one house votes separately (3/4
th
), then passes
to other house OR draft together, but vote separately
o Submission is ideally in a special election to maximize
attention of the electorate, but it may be done alongside a
general election nonetheless. (Gonzales v. COMELEC)
o Individual amendments in a revision may not be
separately submitted to the people, who will have no
frame of reference to base their judgment on the
amendment. (Tolentino v. COMELEC)
o No need for presidential proclamation for ratified
amendments to take effect, unless provided by the
amendment.
o ESSENTIAL REQUIREMENTS of a valid ratification: (a)
conducted under election law, (b) supervised by the
independent COMELEC, (c) only franchised voters take
part (Javellana v. Executive Secretary)
ONLY limit to what cannot be changed in the Constitution are jus
cogens, or peremptory norms in International Law
ARTICLE XVIII: TRANSITORY PROVISIONS
All existing Executive issuances upon ratification of the Constitution
are valid until repealed or amended.
Those separated from jobs after reorganization under Proclamation
No. 3:
o Entitled to separation pay, or
o Retirement benefits, or
o May be reemployed in another government office
Private armies and armed groups not recognized or consistent with
the Constitution dismantled
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After bases agreement of 1991: to renew agreement between the
Philippines and US regarding: (a) troops, (b) bases, (c) facilities:
o Need a TREATY concurred to by Senate
o Ratified by majority vote of people IF CONGRESS
REQUIRES IT
o Recognized as a treaty by the other State BOUND TO
ACCEPT DECLARATION OF OTHER STATE AS TRUE
o VFA: Needed ratification of Senate because the provision
does not just mention bases, but also TROOPS. (Bayan
v. Executive Secretary)
o Only American forces.
For ill-gotten wealth:
o Sequestration place under PCGGs control said property
o Freeze Order owner cannot transfer/convey/encumber
the property
o Provisional Takeover take over not only physical
possession, but also its operation (only allowed with
regard to business enterprises taken over by
Marcos/cronies) (BASECO v. PCGG)
o Warrant: issued by judge and needs probable cause only;
Sequestration/free order: issued by administrative
authority, but needs prima facie evidence
Effectivity of Constitution: Feb 2 1987 (when votes were cast) and
not Feb 11 1987 (upon proclamation) (De Leon v. Esguerra)