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NATIONAL ECONOMY AND PATRIMONY
A. Goals [Sec. 1, Art. XII].
1.

More equitable distribution of opportunities, income and wealth.

2.

Sustained increase in amount of goods and services produced by the nation for the benefit of the people.
3. Expanding production as the key to raising the quality of life for all, especially the underprivileged.
- For the attainment of these goals, 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
- The State shall protect Filipino enterprises from unfair competition and trade practices
B. Natural Resources.
1. The Regalian Doctrine [Jura Regalia]
- The universal feudal theory that all lands were held from the Crown
- Recognized in the 1935,1973 and 1987 Constitutions
- but ownership is vested in the State as such rather than in the head thereof
a) Sec. 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.
b) all agricultural, timber and mineral lands are subject to the dominion of the State
- before any land may be classified from the forest group and converted into alienable or disposable land for
agricultural or other purposes, there must be a positive act from the Government
c) Under the Regalian Doctrine, all lands not otherwise clearly appearing to be privately owned are presumed
to belong to the State.
- the task of administering and disposing lands of the public domain belongs to the Director of Lands and,
ultimately, the Secretary of Environment and Natural Resources.
- The classification of public lands is an exclusive prerogative of the Executive Department through the Office of
the President. Courts have no authority to do so. In the absence of such classification, the land remains
unclassified public land until released therefrom and rendered open to disposition
- Forest land is not capable of private appropriation and occupation in the absence of a positive act of the
Government declassifying it into alienable or disposable land for agricultural or other purposes. Accordingly,
where there is yet no award or grant to petitioner of the land in question by free patent or other ways of
acquisition of public land, petitioner cannot lawfully claim ownership of the land. Possession of forest lands,
however long, cannot ripen into private ownership [Ituralde v. Falcasantos, G.R. No. 128017, January 20, 1999].
23
2. Imperium and Dominium
- In public law, there exists the well-known distinction and
Imperium - between government authority possessed by the State which is appropriately embraced in
sovereignty, Dominium its capacity to own or acquire property; with reference to lands held by the State in its
proprietary character. In such capacity, it may provide for the exploitation and use of lands and other natural
resources, including their disposition, except as limited by the Constitution.

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3. Citizenship Requirements.
a) Co-production, joint venture or production sharing agreements [for exploration, development and utilization
of natural resources]: Filipino corporations or associations at least 60% of whose capital is Filipino owned.
Agreements shall not exceed a period of 25 years, renewable for another 25 years [Sec. 2, Art. XII].
b) Use and enjoyment of the nations marine wealth in its archipelagic waters, territorial sea and exclusive
economic zone [P.D. 1599 (June 11, 1978);
i) 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 [Sec. 7, Art. XII]
- marginal fisherman as an individual engaged in fishing whose margin of return or reward from his
harvest of fish, as measured by existing price levels, is barely sufficient to yield a profit or cover the
cost of gathering the fish (Tarto v. Socrates, G.R. No. 110249, August 21, 1997)
- subsistence fisherman is one whose catch yields but the irreducible minimum for his livelihood.
- Sec. 131 of the Local Government Code defines a marginal farmer or fisherman as one engaged in
subsistence farming or fishing, which shall be limited to the sale, barter or exchange of agricultural or
marine products produced by himself and his immediate family. The preferential right granted to them
is not absolute.
c) Alienable lands of the public domain [which shall be limited to agricultural lands]
- Only Filipino citizens may acquire not more than 12 hectares by purchase, homestead or grant; or
lease not more than 500 hectares.
- Private corporations may lease not more than 1,000 hectares for 25 years, renewable for another 25
years.
d) Certain areas of investment [as Congress shall provide when the national interest so dictates]:
- Reserved for Filipino citizens or corporations 60% of whose capital is Filipino owned, although Congress may
i)
prescribe a higher percentage of Filipino ownership [Sec. 10, Art. XII].
i) In the grant of rights, privileges and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos
- patrimony - pertains to heritage
c) Alienable lands of the public domain [which shall be limited to agricultural lands]:
- Only Filipino citizens may acquire not more than 12 hectares by purchase, homestead or grant; or
lease not more than 500 hectares.
- Private corporations may lease not more than 1,000 hectares for 25 years, renewable for another 25
years.
i) Afranchise,certificate or authorization shall not be exclusive nor for a period more than 50 years, and shall be
subject to amendment, alteration or repeal by Congress.
- All executive and managing officers must be Filipino citizens
- a franchise to operate a public utility is not an exclusive private property of the franchisee. No
franchisee can demand or acquire exclusivity in the operation of a public utility. Thus, a franchisee
cannot complain of seizure or taking of property because of the issuance of another franchise to a
competitor.
iii) The Constitution, in no uncertain terms, requires a franchise for the operation of public utilities. However, it

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does not require a franchise before one can own the facilities needed to operate a public utility so long as it
does not operate them to serve the public.
- A public utility is one organized for hire or compensation to serve the public, which is given the right to
demand its service. Petron is not engaged in oil refining for hire or compensation to process the oil of other
parties.
iiia) A public utility
-

is a business or service engaged in regularly supplying the public with some commodity or service of
public consequence, such as electricity, gas, water, transportation, telephone or telegraph service.

To constitute a public utility, the facility must be necessary for the maintenance of life and occupation
of the residents.
public utility implies public use and service to the public.

iv) All broadcasting, whether by radio or television stations, is licensed by the Government.
- Radio and television companies do not own the airwaves and frequencies; they are merely given the
temporary privilege of using them.
v) A joint venture falls within the purview of an association pursuant to Sec. 11, Art. XII
- a joint venture which would engage in the business of operating a public utility, such as a shipyard, most
comply with the 60%-40% Filipino-foreign capitalization requirement
4. Classification of Lands of the Public Domain
- agricultural, forest or timber, mineral lands and national parks
- Agricultural lands may further be classified by law according to the uses to which they may be devoted
- Taking into account the requirements of conservation, ecology and development, and subject to the
requirements of agrarian reform, Congress shall determine, by law, the size of lands of the public domain which
may be acquired, developed, held or leased and the conditions therefor [Sec. 3, Art. XII].
- The classification of public lands is a function of the executive branch of government, specifically the Director
of Lands, now the Director of the Land Management Bureau. The decision of the Director, when approved by
the Secretary of the Department of Environment and Natural Resources, as to questions of fact, is conclusive
upon the courts [Republic v. Imperial, G.R. No. 130906, February 11, 1999].
- Forest land cannot be owned by private persons; it is not registrable, and possession thereof, no matter how
lengthy, cannot convert it into private land, unless the land is reclassified and considered disposable and
alienable.
i) To prove that the land subject of an application for registration is alienable:
1. an applicant must conclusively establish the existence of a positive act of the government such as a
presidential proclamation
2. an executive order or administrative action, investigation reports of the Bureau of Lands investigator, or a
legislative act or statute. Until then, the rules on confirmation of imperfect title do not apply
*A certification of the Community Environment and Natural Resources Officer (CENRO) in the DENR stating that
the land subject of an application is found to be within the alienable and disposable site in a land classification
project map is sufficient evidence to show the real character of the land subject of the application.
ii) Foreshore land - that part of the land which is between thehigh and low water, and left dry by the flux and
reflux of the tides. It is part of the alienable land of the public domain and may be disposed of only by lease

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and not otherwise
b) Private corporations or associations may not hold such alienable lands of the public domain except by lease.
c) Congress shall determine the specific limits of forest lands and national parks, marking clearly their
boundaries on the ground
d) The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social and cultural well being [Sec. 5, Art. XII].
5. The Stewardship Concept.
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 [Sec. 6, Art. XII],
a) 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, x x x The State may resettle landless farmers and
farm workers in its own agricultural estates which shall be distributed to them in the manner provided by law
[Sec. 6, Art. XIII].
C. Private Lands.
1. Rule: 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 [Sec. 7, Art. XII].
a) The primary purpose of the constitutional provision disqualifying aliens from acquiring lands of the public
domain and private lands - conservation of the national economy and patrimony
b) Any sale or transfer in violation of the prohibition is null and void.
c) An action to recover the property sold filed by the former owner will lie, the pari delicto ruling having been
abandoned as early as Philippine Banking Corporation v. Lui She, 21 SCRA 52, where the Supreme Court
declared that a lease for 99 years, with a 50-year option to purchase the property if and when Wong Heng
would be naturalized, is a virtual surrender of all rights incident to ownership, and therefore, invalid.
d) Land tenure is not indispensable to the free exercise of religious profession and worship. Thus, a religious
corporation, controlled by non- Filipinos, cannot acquire and own lands even for a religious use or purpose
[Register of Deeds of Rizal v. Ung Sui Si Temple (1955)]. x x x Thus, for a religious corporation sole to acquire
lands, it must appear that at least 60% of the faithful or its members.are citizens of the Philippines in order to
comply with the citizenship requirement. This is so regardless of the citizenship of the incumbent inasmuch as
a corporation sole is merely an administrator of thetemporalities or properties titled in its name and for the
benefit of its members
e) However, land sold to an alien which was later transferred to a Filipino citizen or where the alien later
becomes a Filipino citizen can no longer be recovered by the vendor, because there is no longer any public
policy involved
2. Exceptions to the rule:
a) Hereditary Succession - This does not apply to testamentary dispositions
b) 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 [Sec. 8, Art. XII].
c) Americans hold valid title to private lands as against private persons.
3. Remedies to recover private land from disqualified alien.

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a) Escheat proceedings.
b) Action for reversion under the Public Land Act
- The Director of Lands has the authority and the specific duty to conduct investigations of alleged
fraud in obtaining free patents and the corresponding titles to alienable public lands, and, if facts
disclosed in the investigation warrant, to file the corresponding court action for reversion of the land to
the State
i) The State can be put in estoppel by the mistakes or errors of its officials or agents.
- Estoppel against the State is not favored; it may be invoked only in rare and unusual
circumstances as it would operate to defeat the effective operation of a policy adopted to protect the
public.
- However, the State may not be allowed to deal dishonorably or capriciously with its citizens.
D. Preference for Filipino Labor
- The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods,
and adopt measures that help make them competitive [Sec. 12, Art. XII]. See Tanada v. Angara, 272 SCRA 18.
E. Practice of Profession
- The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed
by law [Sec. 14, Art. XII].
F. Cooperatives
The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for
social justice and economic development [Sec. 15, Art. XII]. Read Republic Act No. 6939 [An Act Creating the
1
Cooperative Development Authority].
G. Monopolies
1. Policy: 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 [Sec. 19, Art. XII].
a) Monopoly
- a privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive
right (or power) to carry on a particular business or trade, manufacture a particular article, or control the sale
of a particular commodity.
- Clearly, monopolies are not per se prohibited by the Constitution but may be permitted to exist to aid the
government in carrying on an enterprise or to aid in the performance of various services and functions in the
interest of the public. However, because monopolies are subject to abuses that can inflict severe prejudice to
the public, they are subjected to a higher level of State regulation than an ordinary business undertaking
[Agan, Jr. v. PIATCO, supra.].
The Constitution does not absolutely prohibit monopolies.
H. Central Monetary Authority
- 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
- The authority shall provide policy direction in the areas of money, banking and credit.

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- 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 Congress otherwise provides, the Central Bank of the Philippines, operating under existing laws, shall
function as the central monetary authority [Sec. 20, Art. XII]. Read R.A. 7653.

SOCIAL JUSTICE AND HUMAN RIGHTS

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A. Policy Statement
- 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
[Sec. 1, Art. XIII]. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance [Sec 2, Art. XIII].
1. While the pursuit of social justice can have revolutionary effect, it cannot justify breaking the law. While the
State is mandated to promote social justice and to maintain adequate social services in the field of housing,
this cannot be interpreted to mean that squatting has been legalized.
B. Labor
- 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 the workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace. The State shall regulate the relations between
workers and employers, recognizing the right of labor to its just share in the fruits of production and the
right of enterprises to reasonable returns on investments, and to expansion and growth [Sec. 3, Art.
XIII],
- employees in the civil service may not resort to strikes, walkouts and other temporary work stoppages to
pressure the Government to accede to their demands.
- it was held that the ability to strike is not essential to the right to association and that the right of the
sovereign to prohibit strikers or work stoppages was clearly recognized at common law
- protection to labor does not mean promotion of employment alone.
C. Agrarian and Natural Resources Reform
1. the GSIS may be compelled to accept Land Bank bonds at their face value in payment for a residential house
and lot purchased by the bondholder from the GSIS
- the value of these bonds cannot be diminished by any direct or indirect act, particularly since these bonds are
fully guaranteed by the Government of the Philippines.
D. Urban Land and Housing Reform
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 underprivileged and homeless citizens in urban centers and resettlement areas.
It shall also promote adequate employment opportunities to such citizens. In the implementation of such
programs the State shall respect the rights of small property owners [Sec. 9, Art. XU]
-

Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance
with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with
them and the communities where they are to be located [Sec. 10, Art. XIII
1. The constitutional requirement that the eviction of squatters and the demolition of their shanties
shall be imposes certain restrictions on the exercise of the power of eminent domain.
R.A. 7279 provides the order in which lands may be acquired for socialized housing, and very explicit in
Secs. 9 and 10 thereof is the fact that privately owned lands rank last in the order of priority for
purposes of socialized housing.

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3. In City of Mandaluyong v. Francisco, G.R. No. 137152, January 29, 2001, the Supreme Court reiterated that
under RA 7279, lands for socialized housing are to be acquired in the following order:
(1) government lands;
(2) alienable lands of the public domain;
(3) unregistered, abandoned or idle lands;
(4) lands within the declare Areas for Priority Development, Zonal Improvement Program sites, Slum
Improvement and Resettlement sites which have not yet been acquired;
(5) BLISS sites which have not yet been acquired
(6) privately-owned lands. The mode of expropriation is subject to two conditions:
(a) it shall be resorted to only when the other modes of acquisition have been exhausted; and
(b) parcels owned by small property owners are exempt from such acquisition.
a) Small property owners are :
1] owners of residential lands with an area not more than 300 square meters in urbanized cities and not more
than 800 square meters in other urban areas; and
[2] they do not own residential property other than the same. In this case, the respondents fall within the
classification of small property owners.
4. the urban tenants right of first refusal (pre-emptive right) under P.D. 1517, can be exercised only where the
disputed land is situated in an area declared to be an area for priority development (APD) and an urban land
reform zone (ULRZ).
G.

Peoples Organizations. Read Secs. 15-16, Art. XIII.

H.

Human Rights.
1.

The Commission on Human Rights

- 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.

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

A.

State Policy
- 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

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development [Sec. 17, Art. II].
1. Sec. 1, Art. XIV: 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.
a) In Tablarin v. Gutierrez, 154 SCRA 730, the Supreme Court upheld the constitutionality of the National
Medical Admission Test (NMAT) as a requirement for admission to medical school.
- The NMAT does not violate the right of the citizens to quality education at all levels; in fact, it ensures quality
education for future doctors, and protects public health by making sure of the competence of future medical
practitioners.
b) It is true that the Court has upheld the constitutional right of every citizen to select a profession or course of
study subject to fair, reasonable and equitable admission and academic requirements. But like all rights and
freedoms guaranteed by the Charter, their exercise may be so regulated pursuant to the police power of the
State to safeguard health, morals, peace, education, order, safety and general welfare of the people.
- Thus, persons who desire to engage in the learned professions requiring scientific or technical knowledge may
be required to take an examination as a prerequisite to engaging in their chosen careers
- This regulation assumes particular pertinence in the field of medicine, to protect the public from the
potentially deadly effects of incompetence and ignorance. to secure said privilege without thwarting the
legislative will [Professional Regulation Commission v. De Guzman, G.R. No. 144681, June 21, 2004],
2. Constitutional mandate for the State to establish adequate and relevant education, free public elementary
and high school education, scholarship grants and loan programs, out-of-school study programs, and adult
education. Read Sec. 2, Art. XIV.
3. Constitutional objectives of education: 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 [Sec. 3 (2), Art. XIV].
4. Optional religious instruction. Option expressed in writing by parent or guardian; public elementary and high
schools; within regular class hours; by instructors designated or approved by religious authorities; without
additional cost to the Government [Sec. 3(3), Art. XIV].
5. Educational Institutions.
a) Ownership. Solely by Filipino citizens or corporations 60% Filipino- owned, except those established by
religious groups or mission boards, but Congress may increase required Filipino equity participation [Sec. 4(2),
Art. XIV],
b) Control and administration. Vested in citizens of the Philippines [id.].
c) Alien schools. No educational institution shall be established exclusively for aliens, and no group of aliens
shall comprise more than 1/3 of the enrolment in any school, except schools for foreign diplomatic personnel
and their dependents, and for other foreign temporary residents [id.].
d) Tax exemptions. All revenue and assets of non-stock, nonprofit educational institution --- as well as all
grants, endowments, donations
and contributions used actually, directly and exclusively for educational
purposes, shall be exempt from taxes and duties [Sec. 4(3), Art. XIV].
6. Highest budgetary priority to education [Sec. 5, Art. XIV]. This provision has been construed to be merely
directory; it does not follow that the hands of Congress be so hamstrung as to deprive it of the power to
respond to the imperatives of national interest and the attainment of other state policies and objectives
[Guingona v. Carague, 196 SCRA 221; Philippine Constitution Association v. Enriquez, supra.].

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B. Academic Freedom. Academic freedom shall be enjoyed in all institutions of higher learning [Sec. 5(2), Art.
XIV]. Colleges, publicly- or privately-owned, if they offer collegiate courses, enjoy academic freedom.
1. Two Views:
a) From the standpoint of the educational institution:
The freedom of the university to determine who may teach; what may be taught, how it shall be taught; and
who may be admitted to study.
b) From the standpoint of the members of the academe:
- The freedom of the teacher or research worker in higher institutions of learning to investigate and discuss the
problems of his science and to express his conclusions, whether through publication or in the instruction of
students, without interference from political or ecclesiastical authority, or from the administrative officials of
the institution in which he is employed, unless his methods are found by qualified bodies of his own profession
to be completely incompetent or contrary to professional ethics [Frank Lovejoy, Encyclopedia of Social Science,
p. 384]. , i) action of the University Board of Regents, is bolstered by the constitutional guarantee on academic
freedom. As applied in this case, academic freedom clothes Dr. Daleon with the widest latitude to innovate and
experiment on the method of teaching which is most fitting to his students (graduate students, at that), subject
only to the rules and policies of the University.
C. Language
- The national language of the Philippines is Filipino.
- For purposes of communication and instruction, the official languages are
provided by law, English.

Filipino and, until otherwise

- The regional languages are the auxiliary official languages in the regions and shall serve as ancillary media of
instruction therein.
- Spanish and Arabic shall be promoted on a voluntary and optional basis.
- The Constitution shall be promulgated in Filipino and English and shall be translated into major regional
languages, Arabic and Spanish.
D.

Science and Technology. Read Secs. 10-13, Art. XIV.

E.

Arts and Culture. Read Secs. 14-18, Art. XIV.

F.

Sports. Read Sec. 19, Art. XIV.

XVIII. THE FAMILY [Read Secs. 1-4, Art. XV]
XIX. GENERAL PROVISIONS
A.

Flag
- The flag of the Philippines shall be red, white and blue, with a sun and three stars, as consecrated and
honoured by the people and recognized by law [Sec. 1, Art. XVI].

B. Name
- 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 [Sec. 2, Art. XVI].
C. Armed Forces of the Philippines
- The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military

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training and serve, as may be provided by law [Sec. 4, Art. XVI].
1. All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution
[Sec. 5(1}, Art. XVI],
2. 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 [Sec. 5(3), Art. XVI].
3. No member of the armed forces in the active service shall, at any time, be appointed or designated in any
capacity to any civilian position in the Government, including government-owned or controlled corporations or
any of their subsidiaries [Sec. 5(4), Art. XVI].
4. Laws on retirement of military officers shall not allow extension of their services [Sec. 5(5), Art. XVI].

5. 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 [Sec. 5(6), Art. XVI].
D. National Police Force. 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 [Sec. 6, Art.
XVI].
E. Mass Media and Advertising Industry
1. Mass media - Ownership shall be limited to citizens of the Philippines, or corporations wholly-owned and
managed by such citizens. Congress shall regulate or prohibit monopolies in commercial mass media. [Sec.
11(1) Art XVI].
2. Advertising industry - Only Filipino citizens or corporations or associations at least 70% Filipino-owned shall
be allowed to engage in the advertising industry. All executives and managing officers of such entities must be
citizens of the Philippines [Sec. 11(2), Art. XVI].
a) Advertising entities affected shall have five (5) years from the ratification of this Constitution to comply on a
graduated and proportionate basis with the minimum Filipino ownership requirement [Sec. 23, Art. XVIII].

TRANSITORY PROVISIONS
1. First elections under this Constitution of members of Congress shall be held on the second Monday of May,
1987. First local elections shall be held on a date to be determined by the President [Sec. 1, Art. XVIII].
2. Synchronization of elections. The members of Congress and the local officials first elected shall serve until
noon of June 30,1992 [Sec. 2, Art. XVIII], The six year term of the incumbent President and Vice President
elected in the February 7, 1986 elections is extended until noon of June 30, 1992 [Sec. 5, Art. XVIII].
a) The first regular election for President and Vice President under this Constitution shall be held on the second
Monday of May, 1992 [Sec. 5, Art. XVIII].

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Existing Laws and Treaties.
1. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive
issuances not inconsistent with the Constitution shall remain operative until amended, repealed or revoked
[Sec. 3, Art. XVIII].
2. All existing treaties or international agreements which have not been ratified shall not be renewed or
extended without the concurrence of at least 2/3 of all the members of the Senate [Sec. 4, Art. XVIII].
a) After the expiration in 1991 of the Agreement between the Philippines and the United States, foreign military
bases shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when
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 [Sec. 25, Art. XVIII].
b) In Bayan v. Executive Secretary, G.R. No. 138570, October 10, 2000, the Supreme Court ruled that the
Philippine Government had complied with the constitution in that the Visiting Forces Agreement was concurred
in by the Philippine Senate, thus following the requirement of Sec. 21, Art. VII. But the Republic of the
Philippines cannot require the United States to submit the agreement to the US Senate for concurrence,
because that would constitute a very strict interpretation of the phrase, recognized as a treaty. Moreover, it
is inconsequential whether the US treats the VFA only as an executive agreement because, under international
law, an executive agreement is as binding as a treaty.
C. Reserved Executive Powers
1. 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 representatives in par. (1), Sec. 5, Art. VI [Sec. 7, Art. XVIII].
2. Until otherwise provided by Congress, the President may constitute the Metropolitan Authority to be
composed of the heads of all local government units comprising the Metropolitan Manila Area [Sec. 8, Art.
XVIII].
D. Career Civil Service
1. 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 the
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 [Sec. 16, Art. XVIII],
a) In lieu of separation pay, at the option of the employees, they may be considered for employment in the
government, or in any of its subdivisions, etc..
b) This provision shall also apply to career officers whose resignation, tendered in line with the existing policy,
had been accepted. See: Ortiz v. Comelec, 162 SCRA 812.
E. Sequestration
1. Authority to issue sequestration or freeze orders relative to the recovery of ill-gotten wealth shall remain
operative for not more than 18 months after the ratification of this Constitution. However, Congress may
extend such period.
c) The Sandiganbayan can review the validity of sequestration orders
2. In Republic v. Sandiganbayan, 173 SCRA 72, the Supreme Court held that in the absence of express
prohibition, the rule on amicable settlements or compromise agreements in the Civil Code is applicable to
PCGG cases pending before the Sandiganbayan.
3. In Romualdez v. Sandiganbayan, 244 SCRA 152, upon the theory that Romualdez failed to file his annual
statement of assets and liabilities from 1962- 1985, the PCGG conducted a preliminary investigation, and
finding a prima facie case, filed 24 identically-worded information. On the challenge made against the PCGG's
authority to conduct such investigation and to file the corresponding criminal information, the Court said that
for penal violations to fall within the jurisdiction of the PCGG under Sec. 2(a), E.O. No. 1, the following elements

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must concur: (a) It must relate to ill-gotten wealth
(b) of the late President Marcos, his immediate family, relatives, subordinates and close associates
(c) who took advantage of their public office and/or their power, authority, influence, connections or
relationship. The other violations of the Anti-Graft Law not otherwise fulfilling these elements are not within the
authority of PCGG to investigate, but within the jurisdiction of the Ombudsman and other duly authorized
investigating agencies.