article xviii

7/21/2019 Article Xviii

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ARTICLE XVIII – TRANSITORY PROVISIONS

Effectivity of the 1987 Constittion

• The 1987 Constitution took effect immediately upon its ratification.

• According to the SC, this took place on Feruary !, 1987, "hich "as the day the people

cast their #otes ratifying the Constitution.

!i"it#$y %#ses #&$ee'ents

1$ %ene"als of military ases agreements must e through a strict treaty.

!$ %atification of the agreement in a pleiscite is necessary only "hen Congress so re&uires.

'$ Section !( of Article )*+++ allo"s possile local deployment of only A-%+CA forces.

ARTICLE XVII( A!EN)!ENTS OR REVISIONS

)efinitions*

1$ A'en+'ent* an alteration of one or a fe" specific pro#isions of the Constitution. +ts main

purpose is to impro#e specific pro#isions of the Constitution. The changes rought aout yamendments "ill not affect the other pro#isions of the Constitution.

!$ Revision* An e/amination of the entire Constitution to determine ho" and to "hat e/tent it

should e altered. A re#ision implies sustanti#e change, affecting the Constitution as a "hole.

Constitent ,o-e$ v. Le&is"#tive ,o-e$

1$ Constituent power is the po"er to formulate a Constitution or to propose amendments to or re#isions of the Constitution and to ratify such proposal. Legislative power is the po"er to pass,

repeal or amend or ordinary la"s or statutes 0as opposed to organic la"$.

!$ Constituent power is e/ercised y Congress 0y special constitutional conferment$, y a

Constitutional Con#ention or Commission, y the people through initiati#e and referendum, andultimately y so#ereign electorate, "hereas legislative power is an ordinary po"er of Congress

and of the people, also through initiati#e and referendum.

'$ The e/e$cise of constituent power does not need the appro#al of the Chief -/ecuti#e,

"hereas the e/e$cise of legislative power ordinarily needs the appro#al of the Chief -/ecuti#e,e/cept "hen done y people through initiati#e and referendum.



Th$ee 02 ste,s necess#$y to &ive effect to #'en+'ents #n+ $evisions*

1$ roposal of amendments or re#isions y the proper constituent assemly2

!$ Sumission of the proposed amendments or re#isions2 and

'$ %atification

P$o,os#" of #'en+'ents*

A'en+'ents '#y %e ,$o,ose+ %y*

A. Con&$ess3 #ctin& #s # constitent #sse'%"y3 %y # 45 vote of #"" its 'e'%e$s.

• The po"er of Congress to propose amendments is 3T part of its ordinary legislati#e

po"er.

• The only reason Congress can e/ercise such po"er is that the Constitution has granted it

such po"er.

6. Constittion#" Convention*

1$ 4o" a Constitutional Con#ention may e called

a$. Congress may call a ConCon y a !5' #ote of all its memers2 or

$. 6y a maority #ote of all its memers, Congress may sumit to the electorate the &uestion of

"hether to call a ConCon or not.

!$ Choice of "hich constituent assemly 0either Congress or ConCon$ should initiateamendments and re#isions is left to the discretion of Congress. +n other "ords, it is a political

&uestion.

'$ 6T The manner of calling a ConCon is suect to udicial re#ie", ecause the Constitution

has pro#ided for #ote re&uirements.

:$ +f Congress, acting as a constituent assemly, calls for a ConCon ut does not pro#ide thedetails for the calling of such ConCon, Congress ; e/ercising its ordinary legislati#e po"er ;

may supply such details. 6ut in so doing, Congress 0as legislature$ should not transgress theresolution of Congress acting as a constituent assemle.

($ Congress, as a constituent assemly and the ConCon ha#e no po"er to appropriate money fortheir e/penses. oney may e spent from the treasury only to pursuant to an appropriation made

y la".

C. Peo,"es Initi#tive



1$ etition to propose such amendments must e signed e at least 1!< of A== registered #oters.

!$ -#ery legislati#e district represented y at least '< of the registered #oters therein.

'$ Limitation:

+t cannot e e/ercised oftener than once e#ery ( years.

Note:

1$ >hile the sustance of the proposals made y each type of constituent assemly is notsuect to udicial re#ie", the manner the proposals are made is suect to udicial re#ie".

!$ Since these constituent assemlies o"e their e/istence to the Constitution, the courts may

determine "hether the assemly has acted in accordance "ith the Constitution.

'$ -/amples of usticiale issues

a$ >hether a proposal "as appro#ed y the re&uired numer of #otes in Congress 0acting as aconstituent assemly$.

$ >hether the appro#ed proposals "ere properly sumitted to the people for ratification.

P$o,os#" of Revisions

1$ 6y Congress, upon a #ote of '5: of its memers

!$ 6y a constitutional con#ention

R#tific#tion

12 A'en+'ents #n+ $evisions ,$o,ose+ %y Con&$ess #n+4o$ %y # ConCon*

a$ *alid "hen ratified y a A?3%+T@ of #otes cast in a pleiscite.

$ leiscite is held not earlier than B days nor later than 9B days from the appro#al of such

amendments or re#isions.

2 A'en+'ents ,$o,ose+ %y the ,eo,"e vi# initi#tive*

a$ *alid "hen ratified y a A?3%+T@ of #otes cast in a pleiscite.

$ leiscite is held not earlier than B days nor later than 9B days after the certification yC3-=-C of the petitions sufficiency

2 Reisites of # v#"i+ $#tific#tion*



a$ 4eld in a pleiscite conducted under the election la"2

$ Super#ised y the C3-=-C2 and

c$ >here only franchised #oters 0registered$ #oters take part.

52 Isses $e&#$+in& $#tific#tion*

a$ The Constitution does not re&uire that amendments and re#isions e sumitted to the people in a special election. Thus, they may e sumitted for ratification simultaneously "ith a

general election.

$ The determination of the conditions under "hich proposed amendments5re#isions are

sumitted to the people falls "ithin the legislati#e sphere. That Congress could ha#e done etterdoes not make the steps taken unconstitutional.

c$ All the proposed amendments5re#isions made y the constituent assemlies must esumitted for ratification in one single pleiscite. There cannot e a pieceDmeal ratification of

amendments5re#isions.

d$ residential proclamation is 3T re&uired for effecti#ity of amendments5re#isions,

=-SS the proposed amendments5re#isions so pro#ide.

ARTICLE XVI – :ENERAL PROVISIONS

Sections 1(. Sy'%o"s of N#tion#"ity

1$ Flag

• %ed, "hite, and lue.

• >ith a sun and ' stars

• The design may e changed y constitutional amendment.

!$ Congress may, y la", adopt a ne"

0a$ ame for the country,

0$ ational anthem, or

0c$ ational seal.

ote =a" "ill take effect upon ratification y the people in a AT+3A= %-F-%-E.



Section . St#te I''nity

S#%i"ity of St#te

1$ The State cannot e sued "ithout its consent.

!$ >hen considered a suit against the State

a$. The %epulic is sued y name2

$. Suits against an unDincorporated go#ernment agency2

c$. Suit is against a go#ernment official, ut is such that ultimate liaility shall de#ol#e on the

go#ernment

i. >hen a pulic officer acts in ad faith, or eyond the scope of his authority, he can e held

personally liale for damages.

ii. 6T +f he acted pursuant to his official duties, "ithout malice, negligence, or ad faith, theyare not personally liale, and the suit is really one against the State.

'$ This rule applies not only in fa#or of the hilippines ut also in fa#or of foreign states.

:$ The rule like"ise prohiits a person from filing for interpleader, "ith the State as one of the

defendants eing compelled to interplead.

Consent to %e se+

A. E/,$ess consent*

1$. The la" e/pressly grants the authority to sue the State or any of its agencies.

!$. -/amples

a$. A la" creating a go#ernment ody e/pressly pro#iding that such ody may sue or e sued.G

$. Art. !18B of the Ci#il Code, "hich creates liaility against the State "hen it acts through a

special agent.

6. I',"ie+ consent*

1$. The State enters into a pri#ate contract.

a$. The contract must e entered into y the proper officer and "ithin the scope of his authority.

$. =-SS The contract is merely incidental to the performance of a go#ernmental function.



!$. The State enters into an operation that is essentially a usiness operation.

a$. =-SS The operation is incidental to the performance of a go#ernmental function

0e.g. arrastre ser#ices$

$. Thus, "hen the State conducts usiness operations through a H3CC, the latter can generally e sued, e#en if its charter contains no e/press sue or e suedG clause.

'$. Suit against an incorporated go#ernment agency.

a$ This is ecause they generally conduct propriety usiness operations and ha#e charters "hich

grant them a separate uridical personality.

:$. The State files suit against a pri#ate party.

=-SS The suit is entered into only to resist a claim.

:#$nish'ent of &ove$n'ent fn+s*

1$ H--%A= %=- 3. >hether the money is deposited y "ay of general or special

deposit, they remain go#ernment funds and are not suect to garnishment.

!$ -)C-T+3 A la" or ordinance has een enacted appropriating a specific amount to pay a#alid go#ernment oligation, then the money can e garnished.

Consent to %e se+ is not eiv#"ent to consent to "i#%i"ity*

1$ The Fact that the State consented to eing sued does not mean that the State "ill ultimately eheld liale.

!$ -#en if the case is decided against the State, an a"ard cannot e satisfied y "rits ofe/ecution or garnishment against pulic funds. %eason o money shall e paid out of the

pulic treasury unless pursuant to an appropriation made y la".

Section 5. T;E AR!E) <ORCES O< T;E P;ILIPPINES

Co',osition*

A citiIen armed force

P$ohi%itions #n+ +is#"ific#tions*

1$ ilitary men cannot engage, directly or indirectly, in any partisan political acti#ity, e/cept to

#ote.



!$ emers of the AF in acti#e ser#ice cannot e appointed to a ci#ilian position in the

go#ernment, including H3CCs or their susidiaries.

The Chief of St#ff*

1$ Tour of duty ot e/ceed to three years

!$ -)C-T+3 +n times of "ar or other national emergency as declared y Congress, the

resident may e/tend such tour of duty.

ARTICLE XIV – E)=CATION3 SCIENCE AN) TEC;NOLO:Y3

ARTS3 C=LT=RE3 AN) SPORTS

E+c#tion

:o#"s of the St#te*

The State shall promote and protect

1$ The right to &uality education at all le#els2

!$ The right to affordale and accessile education2 and

'$ -ducation that is rele#ant to the needs of people and society.

Ri&ht to E+c#tion #n+ Ac#+e'ic <$ee+o'

The right to education must e read in conunction "ith the academic freedom of schools to

re&uire fair, reasonale, and e&uitale admission re&uirements.G

Power to Dismiss Students

1$ Schools ha#e the po"er to dismiss students, after due process, for disciplinary reasons.

!$ Acts committed outside the school may also e a ground for disciplinary action if

a$ +t in#ol#es #iolations of school policies connected to schoolDsponsored acti#ities2 or

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



Re&"#tion of Ri&ht to E+c#tion

The right to education in particular fields may e regulated y the State in the e/ercise of its

police po"er, e.g. the State may limit the right to enter medical school y re&uiring the

applicants to take the AT.

<$ee E+c#tion

1$ The State shall maintain a system of free education in

a$ -lementary le#el, and

$ 4igh school le#el.

!$ -lementary education is compulsory for all children of school age. 4o"e#er, this is a moral

rather than a legal compulsion.

E+c#tion#" Instittions

I. <i"i,ini>#tion

A. O-ne$shi,*

1$. Filipino citiIens, or

!$. Corporations incorporated in % and B< FilipinoDo"ned.

-)C-T Schools estalished y religious groups and mission oards.

'$. Congress may increase Filipino e&uity re&uirements in A== educational institutions.

6. Cont$o" #n+ A+'inist$#tion*

1$. ust e #ested in Filipino citiIens

!$. %efers to line positions, such as resident, Eean, rincipal, and Trustees

'$. Faculty memers may e foreigners.

C. St+ent Po,"#tion*

1$. H--%A= %=- Cannot estalish school e/clusi#ely for aliens. Aliens can only comprise

up to 15' of total enrollment.



!$. -)C-T+3S Schools estalished for foreign diplomatic personnel and their dependents,

and unless other"ise pro#ided for y la" for other foreign temporary residents.

II. T#/ E/e',tions

A. Non(stoc?3 non(,$ofit e+c#tion#" instittions*

1$ All re#enues and assets actually, directly and e/clusi#ely used for educational purposes are

e/empt from ta/es and duties.

!$ This is selfDe/ecutory

6. P$o,$iet#$y e+c#tion#" instittions3 inc"+in& coo,e$#tives*

1$ -ntitled to e/emptions as may e pro#ided y la", including restrictions on di#idends and reD

in#estment

!$ %e&uires an enaling statute

'$ Hrants, endo"ments, donations and contriutions actually, directly and e/clusi#ely used for

educational purposes are e/empt from ta/es, suect to conditions prescried y la".

III. Ac#+e'ic <$ee+o'

A. E+c#tion#" Instittions

Schools ha#e the freedom to determine

1$ >ho may teach,

!$ >hat may e taught,

'$ 4o" it shall e taught, and

:$ >ho may e admitted to study.

6. <#c"ty 'e'%e$s

1$ Full freedom in research and in the pulication of the results, suect to the ade&uate

performance of their other academic duties.

!$ Freedom in the classroom in discussing their suects, ut they should e careful not to

introduce into their teaching contro#ersial matter "hich has no relation to their suects.



'$ >hen faculty memers speak or "rite in their capacity as citiIens, then they are free from

institutional censorship or discipline.

C. St+ents

They ha#e the right to enoy in school the guarantees of the 6ill of %ights.

). Li'it#tions

1$ Eominant police po"er of the State

!$ Social interest of the community

E. 6+&et#$y P$io$ity*

1$. -ducation must e assigned the highest udgetary priority.

!$. 6T This command is not asolute. Congress is free to determine "hat should e gi#en

udgetary priority in order to enale it to respond to the imperati#es of national interest and for

the attainment of other state policies or oecti#es.

Re"i&ios E+c#tion in P%"ic Schoo"s*

%eligion may e taught in pulic schools suect to the follo"ing re&uisites

1$ -/press "ritten option y parents and guardians2

!$ Taught "ithin regular class hours2

'$ +nstructors are designated and appro#ed y the proper religious authorities2 and

:$ >+T43T AEE+T+3A= C3ST T3 T4- H3*-%-T.

Section @. L#n&#&e

1$ ational language Filipino

!$ 3fficial =anguages Filipino, and unless other"ise pro#ided y la", -nglish.

'$ %egional languages are au/iliary to the official languages.

: 0Spanish and Araic are promoted only on an optional and #oluntary asis.



ARTICLE XIII – SOCIAL =STICE AN) ;=!AN RI:;TS

Social Justice

1$ Social ustice in the Constitution is principally the emodiment of the principle that those

"ho ha#e less in life should ha#e more in la".

!$ The 1987 Constitution ad#ances eyond "hat "as in pre#ious Constitutions in that it seeks

not only economic social ustice ut also political social ustice.

Principal activities in order to achieve social justice

1$ Creation of more economic opportunities and more "ealth2 and

!$ Closer regulation of the ac&uisition, o"nership, use and disposition of property in order to

achie#e a more e&uitale distriution of "ealth and political po"er.

Labor

• Section 3 of Article XIII elaborates on the provision in Article II by specifyingwho are protected by the Constitution, what rights are guaranteed, and whatpositive measures the state should tae in order to enhance the welfare oflabor!

Right to organize and to hold peaceful concerted activities

• " #he right to organi$e is given to all inds of worers %&#' in the P(I)A#*and P+%IC sectors!

• " #he worers have a right to hold peaceful concerted activities e-cept theright to strie, which is sub.ect to limitation by law!

Right to participate in the decision making process of employers

The "orkers ha#e the right to participate on matters affecting their rights and enefits, as may

e pro#ided y la"G. This participation can e through

1$ collecti#e argaining agreements,

!$ grie#ance machineries,

'$ #oluntary modes of settling disputes, and

:$ conciliation proceedings mediated y go#ernment.

Agrarian Reform

:o#"s*



Agrarian reform must aim at

1$ efficient production,

!$ a more e&uitale distriution of land "hich recogniIes the right of farmers and regular

farm"orkers "ho are landless to o"n the land they till, and

'$ a ust share of other or seasonal farm"orkers in the fruits of the land.

CA( as an e-ercise of police power and power of eminent domain

• #o the e-tent that the law prescribes retention limits for landowners, there isan e-ercise of police power! %ut where it becomes necessary to depriveowners of their land in e-cess of the ma-imum allowed there is compensabletaing and therefore the e-ercise of eminent domain!

(each of agrarian reform

• It e-tends not only to private agricultural lands, but also to /other naturalresources,0 even including the use and en.oyment of /communal marine and1shing resources0 and /o2shore 1shing grounds0!

The Commission on Human Rights

Co',osition*

1$ Chairman2 and

!$ : memers

B#"ific#tions*

1$ aturalDorn citiIens of the hilippines2

!$ aority of the Commission must e memers of the hilippine 6ar2

'$ Term of office, other &ualifications and disailities shall e pro#ided y la"2

:$ The appointment of the C4% memers is 3T suect to CA confirmation2 and

($ The C4% is not of the same le#el as the C3-=-C, CSC, or C3A.

Po-e$s*

1$ +n#estigate all forms of human rights #iolations in#ol#ing ci#il or political rights



A. *iolations may e committed y pulic officers or y ci#ilians or reels.

6. C4% cannot in#estigate #iolations of social rights.

C. C4% has 3 adudicatory po"ers o#er cases in#ol#ing human rights #iolations.

E. They cannot in#estigate cases "here no rights are #iolated.

-. -/ample There is no right to occupy go#ernment land, i.e. s&uat thereon. Therefore, e#iction

therefrom is 3T a human rights #iolation.

!$ Adopt operational guidelines and rules of procedure.

'$ Cite for contempt for #iolations of its rules, in accordance "ith the %ules of Court.

:$ ro#ide appropriate legal measures for the protection of the human rights of all persons,"ithin the hilippines, as "ell as Filipinos residing aroad, and pro#ide for pre#enti#e measures

and legal aid ser#ices to the underpri#ileged "hose human rights ha#e een #iolated or need

protection.

A. C4% can initiate court proceedings on ehalf of #ictims of human rights #iolations.

6. They can recommend the prosecution of human rights #iolators, ut it cannot itself prosecute

these cases.

C. 6T The C4% cannot issue restraining orders or inunctions against alleged human rights#iolators. These must e otained from the regular courts.

($ -/ercise #isitorial po"ers o#er ails, prisons and other detention facilities.

$ -stalish continuing programs for research, education and information in order to enhance

respect for the primacy of human rights.

7$ %ecommend to Congress effecti#e measures to promote human rights and to pro#ide

compensation to #ictims of human rights #iolations or their families.

8$ onitor compliance y the go#ernment "ith international treaty oligations on human rights.

9$ Hrant immunity from prosecution to any person "hose testimony or "hose possession of

documents or other e#idence is necessary or con#enient to determine the truth in any C4%

in#estigation.



1B$ %e&uest assistance from any department, ureau, office, or agency in the performance of its

functions.

11$ Appoint its officers and employers in accordance "ith la".

1!$ erform such other functions and duties as may e pro#ided for y la"

ARTICLE XII – NATIONAL ECONO!Y AN) PATRI!ONY

Sec. 1. :OALS O< T;E NATIONAL ECONO!Y

Th$ee(fo"+ &o#"*

1. ore e&uitale distriution of opportunities, income and "ealth2

!. Sustained increase in the amount of goods and ser#ices produced y the nation for the enefit

of the people2 and

'. -/panding producti#ity, as the key to raising the &uality of life for all.

The St#te sh#"" ,$o'ote in+st$i#"i>#tion #n+ f"" e',"oy'ent

1. +t should e ased on sound agricultural de#elopment and agrarian reform

!. +t should e through industries that make full and efficient use of human and natural

resources. +ndustries should also e competiti#e in oth domestic and foreign markets.

P$otection of <i"i,ino ente$,$ises

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

Ro"e of P$iv#te Ente$,$ises

ri#ate enterprises, including corporations, cooperati#es, and similar collecti#e organiIations,

shall e encouraged to roaden the ase of their o"nership

Section . RE:ALIAN )OCTRINE

)istinction %et-een I',e$i' #n+ )o'ini'.

1. I',e$i'



Ho#ernment authority possessed y the State "hich is appropriately emraced in so#ereignty.

. )o'ini'

! #he capacity of the State to own and ac4uire property!

5! It refers to lands held by the government in a proprietary character6 canprovide for the e-ploitation and use of lands and other natural resources!

Sco,e*

The follo"ing are o"ned y the State

1. =ands of the pulic domain

>aters

inerals, coals, petroleum, and other mineral oils2

All sources of potential energy2

Fisheries2

Forests or timer2

>ildlife2

Flora and fauna2 and

3ther natural resources.

A"ien#tion of N#t$#" Reso$ces

1. Heneral %ule All natural resources CA3T e alienated

!. -/ception Agricultural lands

E/,"o$#tion3 )eve"o,'ent #n+ =ti"i>#tion of N#t$#" Reso$ces

1. Shall e under the full control and super#ision of the State

!. eans

A. The state may E+%-CT=@ E-%TAJ- such acti#ities



6. The state may enter into C3D%3ECT+3, ?3+T *-T%- 3% %3ECT+3D

S4A%+H arrangements "ith

! 7ilipino citi$en or

5! Corporation or association at least 89: of whose capital is owned by suchciti$ens

'. =imitations

A. eriod +t should not e/ceed !( years, rene"ale for not more than !( years

6. nder terms and conditions as may e pro#ided y la".

:. +n case of "ater rights5"ater supply5fisheries5industrial uses other than the de#elopment of

"ater po"er

The eneficial use may e the measure and limit of the grant.

S'#""(sc#"e =ti"i>#tion of N#t$#" Reso$ces

1. Congress may, y la", authoriIe smallDscale utiliIation of natural resources y Filipino

citiIens

!. Congress may also authoriIe cooperati#e fish farming "ith priority gi#en to susistence

fishermen and fish"orkers in the ri#ers, lakes, ays and lagoons.

=argeDScale -/ploration, Ee#elopment and tiliIation of inerals5etroleum53ther ineral

3ils

1. The resident may enter into agreements "ith foreign o"ned corporations in#ol#ing technical

or financial assistance for largeDscale e/ploration etc. of minerals, petroleum, and other mineral

oils. These agreements should e in accordance "ith the general terms and conditions pro#ided

y la".

!. They should e ased on the real contriutions to economic gro"th and general "elfare of the

country.

'. +n the agreements, the State should promote the de#elopment and use of local scientific and

technical resources.

:. The resident should notify Congress of e#ery contract under this pro#ision "ithin 'B days

from its e/ecution.



(. anagement and ser#ice contracts are not allo"ed under this rule.

P$otection of !#$ine e#"th

1. The State shall protect its marine "ealth in its

Archipelagic "aters

Territorial sea K

--L

!. The State shall reser#e its use and enoyment e/clusi#ely to Filipino citiIens.

Section . LAN)S O< T;E P=6LIC )O!AIN ARE CLASSI<IE) INTO

1. Agricultural

!. Forest5timer

'. ineral lands K

:. ational arks

Note:

1. Classification of pulic lands is an e/clusi#e prerogati#e of the -/ecuti#e Eepartment

through the 3ffice of the resident, upon recommendation y the E-%.

!. Classification is descripti#e of the legal nature of the land and 3T "hat it looks like. Thus,

the fact that forest land is denuded does not mean it is no longer forest land.

A"ien#%"e "#n+s of ,%"ic +o'#in

1. 3nly agricultural lands are alienale.

!. Agricultural lands may e further classified y la" according to the uses to "hich they may

e de#oted.

Li'it#tions $e&#$+in& A"ien#%"e L#n+s of the P%"ic )o'#in

1. <o$ ,$iv#te co$,o$#tions o$ #ssoci#tions



A. They can only hold alienale lands of the pulic domain 6@ =-AS-

6. eriod Cannot e/ceed !( years, rene"ale for not more than !( years

C. Area =ease cannot e/ceed 1,BBB hectares

Note: A corporation sole is treated like other pri#ate corporations for the purpose of ac&uiring

pulic lands.

. <o$ <i"i,ino citi>ens

A. Can lease up to (BB hectares

6. Can ACM+%- not more than 1! hectares y purchase, homestead or grant.

Taking into account the re&uirements of conser#ation, ecology and de#elopment, and suect tothe re&uirements of agrarian reform, Congress shall determine y la" the siIe of the lands of the

pulic domain "hich may e ac&uired, de#eloped, held or lease and the conditions therefore.

Means by Which Lands of the Public Domain ecome Pri!ate Land

1. Ac&uired from go#ernment y purchase or grant2

!. ninterrupted possession y the occupant and his predecessorsDinDinterest since time

immemorial2 and

'. 3pen, e/clusi#e, and undisputed possession of A=+-A6=- 0agricultural$ pulic land for a period of 'B years.

A. pon completion of the re&uisite period, the land ecomes pri#ate property ipso ure "ithout

need of any udicial or other sanction.

6. 4ere, in possession since time immemorial, presumption is that the land "as ne#er part of

pulic domain.

C. +n computing 'B years, start from "hen land "as con#erted to alienale land, not "hen it "as

still forest land

E. resumption is that land elongs to the State.

Section 5. Con&$ess sh#""3 #s soon #s ,ossi%"e3 +ete$'ine %y "#-3 the s,ecific "i'its of fo$est

"#n+s #n+ n#tion#" ,#$?s3 '#$?in& c"e#$"y thei$ %on+#$ies on the &$on+. The$e#fte$3



sch fo$est "#n+s #n+ n#tion#" ,#$?s sh#"" %e conse$ve+ #n+ '#y not %e inc$e#se+ o$

+i'inishe+3 EXCEPT %y "#-. Con&$ess sh#"" ,$ovi+e 'e#s$es to ,$ohi%it "o&&in& in

! a" #ndangered forest and

5! b" Watershed areas for such $eriod as it may determine"

Section 5. ANCS!RA" "AN#S

Protection of %ndigenous Cultural Communities

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

A. Suect to Constitutional pro#isions

6. Suect to national de#elopment policies and programs

!. +n determining o"nership and e/tent of ancestral domain, Congress may use customary la"son property rights and relations.

'. AC-ST%A= E3A+G

A. +t refers to lands "hich are considered as pertaining to a cultural region

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

Section $. PR%&A! "AN#S

&eneral rule

1. ri#ate lands CA only e transferred or con#eyed to

A. Filipino citiIens

6. Corporations or associations incorporated in the hilippines, at least B< of "hose capital is

o"ned y Filipino citiIens

!. -/ceptions

A. +n intestate succession, "here an alien heir of a Filipino is the transferee of pri#ate land.

6. A natural orn citiIen of the hilippines "ho has lost his hilippine citiIenship may e a

transferee of %+*AT- A=E, suect to limitation pro#ided y la". 4ence, land can e used

only for residential purposes. +n this case, he only ac&uires deri#ati#e title.

C. Foreign states may ac&uire land ut only for emassy and staff residence purposes.



'. Filipino citiIenship is only re&uired at the time the land is ac&uired. Thus, loss of citiIenship

after ac&uiring the land does not depri#e o"nership.

:. %estriction against aliens only applies to ac&uisition of o"nership. Therefore

A. Aliens may e lessees or usufructuaries of pri#ate lands

6. Aliens may e mortgages of land, as long as they do not otain possession thereof and do not

id in the foreclosure sale.

(. =and tenure is not indispensale to the free e/ercise of religious profession and "orship. A

religious corporation controlled y nonDFilipinos cannot ac&uire and o"n land, e#en for religious

purposes.

Re'e+ies to $ecove$ ,$iv#te "#n+s f$o' +is#"ifie+ #"iens*

1. -scheat proceedings

!. Action for re#ersion under the ulic =and Act

'. An action y the former Filipino o"ner to reco#er the land

A. The former pari delicto principle has een aandoned

6. Alien still has the title 0didnt pass it on to one "ho is &ualified$

Section '(. NA!%)NA" C)N)*+ AN# PA!R%*)N+,%N&S!*N!S

Po'er of Congress

1. Congress, upon the recommendation of -EA, can reser#e to Filipino citiIens or to

corporations or associations at least B< of "hose capital is o"ned y such citiIens, or such

higher percentage as Congress may prescrie, certain areas of in#estment. This may e done

"hen the national interest dictates.

!. Congress shall also enact measures to encourage the formation and operation of enterprises

"hose capital is "holly o"ned y Filipinos.

(ational #conomy and Patrimony

+n the grant of rights, pri#ileges and concessions co#ering the national economy and patrimony,

the State shall gi#e preference to MA=+F+-E Filipinos.

Section ''. -RANC%SS -)R P/0"%C /!%"%!%S

Po-e$ to &$#nt*



1. Congress may directly grant a legislati#e franchise2 or

!. o"er to grant franchises may e delegated to appropriate regulatory agencies and5or =Hs

Public utility

1. +n order to e considered as a pulic utility, and thus suect to this pro#ision, the undertakingmust in#ol#e dealing directly "ith the pulic.

!. Thus, a 6uildD3perateDTransfer grantee is 3T a pulic utility. The 63T grantee merely

constructs the utility, and it leases the same to the go#ernment. +t is the go#ernment "hich

operates the pulic utility 0operation separate from o"nership$.

To -ho' &$#nte+*

1. Filipino citiIens or

!. Corporations or associations incorporated in the hilippines and at least B< of the capital is

o"ned y Filipino citiIens.

Te$'s #n+ con+itions*

1. Euration ot more than (B years

!. Franchise is 3T e/clusi#e in character

'. Franchise is granted under the condition that it is suect to amendment, alteration, or repeal y Congress "hen the common good so re&uires.

Partici$ation of )oreign %n!estors

1. The participation of foreign in#estors in the go#erning ody of any pulic utility enterprise

shall e limited to their proportionate share in its capital.

!. Foreigners cannot e appointed as the e/ecuti#e and managing officers ecause these

positions are reser#ed for Filipino citiIens.

Section '1. -)R*A!%)N,)R2AN%3A!%)N,R2/"A!%)N )- C)RP)RA!%)NS1. Private corporations

Congress can only pro#ide for the formation, etc of pri#ate corporations through a general la".

2. GOCC’s

They may e created y



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

#iaility.

. 6y incorporation under the general corporation la".

Sections '4'6. SPC%A" C)N)*%C P)7RS )- ! 2)&RN*N! 1. Temporary takeo#er or direction of operations

A. Conditions

i. ational emergency and

ii. >hen the pulic interest re&uires

6. ay e used against pri#ately o"ned pulic utilities or usinesses affected "ith pulic

interest.

C. Euration of the takeo#er period of emergency

E. Takeo#er is suect to reasonale terms and conditions

-. o need for ust compensation ecause it is only temporary.

!. ationaliIation of #ital industries

A. -/ercised in the interest of national "elfare or defense

6. +n#ol#es either

i. -stalishment and operation of #ital industries2 or

ii. Transfer to pulic o"nership, upon payment of ust compensation, pulic utilities and other

pri#ate enterprises to e operated y the go#ernment.

Section '6. *)N)P)"%S

1. The Constitution does 3T prohiit the e/istence of monopolies.

!. The State may either regulate or prohiit monopolies, "hen pulic interest so re&uires.

'. Cominations in restraint of trade or unfair competition are prohiited.

<i"i,ino citi>enshi, o$ eity $ei$e'ents*



ACTIVITY REB=IRE!ENTS CITIDENS;IP AN)4OR

EB=ITY

-/ploitation of natural resources 1. Filipino citiIens2 or

!. Corporations incorporated in %, "ith B< Filipino o"nership

3peration of ulic tilities 1. Filipino citiIens2 or


Ac&uisition of alienale lands of the pulic domain

1. Filipino citiIens2

!. Corporations incorporated in %, "ith B< Filipino o"nership2

'. Former naturalDorn citiIens of %, as transferees, "ith certain legal restrictions2 and

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

ractice of A== rofessions Filipino citiIens only 0natural persons$

NCongress may, y la", other"ise prescrie

ass edia 1. Filipino citiIens2 or

!. Corporations incorporated in %, and 1BB< Filipino o"ned

Ad#ertising 1. Filipino citiIens2 or



!. Corporations incorporated in %, and 7B< Filipino o"ned.

-ducational institution 1. Filipino citiIens2 or


EXCEPT: Schools estalished y religious groups and mission oards.

NCongress may, y la", increase Filipino e&uity re&uirements for A== educational institutions.

3ther economic acti#ities Congress may, y la", reser#e to Filipino citiIens

or to corporations B< Filipino o"ned 0or e#en higher$ certain in#estment areas.

ARTICLE XI* ACCO=NTA6ILITY O< P=6LIC O<<ICERS

Section 1* P=6LIC O<<ICE AS A P=6LIC TR=ST

P%"ic office$s #n+ e',"oyees 'st #t #"" ti'es %e #ccont#%"e to the ,eo,"e3 se$ve the'

-ith t'ost $es,onsi%i"ity3 inte&$ity3 "oy#"ty #n+ efficiency3 #ct -ith ,#t$iotis' #n+ stice

#n+ "e#+ 'o+est "ives.

Section * I!PEAC;!ENT4RE!OVAL <RO! O<<ICE

I',e#ch'ent* 0#s 'e#ns of $e'ov#" f$o' office2

1. ho '#y %e i',e#che+*

D resident

D *

D SC ?ustices

D Constitutional Commission memers

D 3mudsman



. :$on+s

D Culpale #iolation of the Constitution

D treason

D riery

D graft and corruption

D other high crimes or

D etrayal of pulic trust

Note* It is #n e/c"sive "ist. Con&$ess c#nnot3 %y "#-3 #++ to the "ist of i',e#ch#%"e

offenses.

1. These officers cannot e charged in court "ith offenses that ha#e remo#al from office as

penalty.

!. The resident cannot e charged "ith murder.

'. A SC ?ustice cannot e disarred ecause this "ould dis&ualify him from his position.

:. 6T AFT-% an official has een impeached, he can e charged "ith the appropriate

offense.

(. %esignation y an impeachale official does not place him eyond the reach ofimpeachment proceedings2 he can still e impeached

A"" Othe$ P%"ic Office$s #n+ E',"oyees

1. They may e remo#ed from office as pro#ided y la"

!. 6T 3T y impeachment

Section * PROCE)=RE <OR I!PEAC;!ENT

E/c"sive Po-e$ of ;ose of Re,$esent#tives

The 4ouse of %epresentati#es has e/clusi#e po"er to ++T+AT- all cases of impeachment.

P$oce+$e*

1. Filling of #erified complaint



1. Can e filed y

1. Any memer of the 4ouse of %epresentati#es or

!. Any citiIen upon a resolution of endorsement y any emer of the 4ouse or

'. 6y at least 15' of all the emers of the 4ouse of %epresentati#es

!.$ +nclusion of complaint in the order of usiness "ith 1B session days

'.$ %eferral to proper Committee "ithin ' session days thereafter

:.$ Sumission of Committee report to the 4ouse together "ith corresponding resolution

1. There should e a hearing

!. There should e a maority #ote of the memers

'. The report should e sumitted "ithin B days from referral, after hearing, and y a

maority #ote of A== its memers.

(.$ Calendaring of resolution for consideration y the 4ouse

Should e done "ithin 1B session days from receipt thereof

.$ *ote of at least 15' of all emers of the 4ouse necessary to

1. Affirm a fa#orale resolution "ith the Articles of +mpeachment of the Committee or

!. To o#erride its contrary resolution

ote +f the #erified complaint or resolution of impeachment "as filed y at least 15' of all the

emers of the 4ouse, it shall constitute the Articles of +mpeachment. Trial in the Senate shall proceed.

7.$ Trial in the Senate

1. Senate has the sole po"er to try and decide all cases of impeachment

!. For this purpose, the Senators shall e under oath or affirmation

'. >hen the resident of the hilippines is on trial, the C? of the Supreme Court presides.4o"e#er, he5she "ill not #ote.

8.$ ?udgment of Con#iction



This re&uires the concurrence of !5' of all the emers of the Senate

9.$ -ffect of the +mpeachment

1. %emo#al from office of the official concerned

!. Eis&ualification to hold any office under the %epulic of the hilippines

'. 3fficer still liale to prosecution, trial, and punishment if the impeachale offensecommitted also constitutes a felony or crime.

Section 5* SAN)I:AN6AYAN

S#n+i&#n%#y#n F the #nti(&$#ft co$t

Sections G(@3 8(15* O<<ICE O< T;E O!6=)S!AN

Co',osition*

1.$ 3mudsman5Tanodayan

!.$ 3#erall deputy

'.$ At least one Eeputy each for =uIon, *isayas and indanao

:.$ Eeputy for military estalishment may e appointed

B#"ific#tions* 0O'%+s'#n #n+ his +e,ties2

1.$ atural orn citiIen of the hilippines

!.$ At least :B years old at time of appointment

'.$ 3f recogniIed proity and independence

:.$ emer of the hilippine ar

(.$ ust not ha#e een candidate for any electi#e office in the immediately preceding election

.$ For 3mudsman 4e must ha#e een for ten years or more

1. A udge or

!. -ngage in the practice of la" in the hilippines

)is#"ific#tions4P$ohi%itions 0n+e$ A$tic"e IX3 Section 2



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

!.$ Cannot engage in the practice of any profession or in the acti#e management or control of

any usiness "hich may e affected y the functions of his office

'.$ Cannot e financially interested, directly or indirectly, in any contract "ith or in anyfranchise or pri#ilege granted y the Ho#ernment, any of its sudi#isions, agencies or

instrumentalities, including H3CCs or their susidiaries.

A,,oint'ent

1. Of O'%+s'#n #n+ +e,ties

1. 6y the president from a list of at least nominees prepared y the ?udicial and 6arCouncil. *acancies "ill e filled from a list of ' nominees

!. Appointments do 3T re&uire confirmation

'. All #acancies shall e filled "ithin ' months after they occur.

. Of othe$ offici#"s #n+ e',"oyees of the Office of the O'%+s'#n

1. 6y the 3mudsman

!. +n accordance "ith Ci#il Ser#ice =a"

Te$'* 0O'%+s'#n #n+ +e,ties2

1. 7 years "ith reappointment

!. They are 3T &ualified to run for any office in the election immediately succeeding their

cessation from office

R#n?4S#"#$ies*

1. The 3mudsman has the rank of Chairman of a Constitutional Commission

!. The emers ha#e the rank of memers of a Constitutional Commission

'. Their salaries cannot e decreased during their term of office.

Po-e$s3 <nctions #n+ )ties of the Office of the O'%+s'#n

1. +n#estigate on its o"n, or on complaint y any person, any act or omission of any pulic

official, employee, office or agency, "hen such act or omission appears to e illegal, unust,

improper, or inefficient.



1. The SC held that the po"er to in#estigate and prosecute cases in#ol#ing pulic officers

and employees has een transferred to the 3mudsman.

!. The 3mudsman may al"ays delegate his po"er to in#estigate.

'. The po"er to in#estigate includes the po"er to impose pre#enti#e suspension.

:. This pre#enti#e suspension is not a penalty.

(. +*-ST+HAT-G does not mean preliminary in#estigation.

. The complaint need not e dra"n up in the usual form.

7. The +==-HA=G act or omission need not e in connection "ith the duties of the pulic

officer or employee concerned.

8. A@ illegal act may e in#estigated y the 3mudsman. +n this regard, the3mudsmans urisdiction is C3C%%-T "ith that of the regular prosecutors.

!. Eirect, upon complaint or at its o"n instance, any pulic official or employee of the

go#ernment, or any sudi#ision, agency or instrumentality thereof, as "ell as of any go#ernmentD

o"ned or controlled corporation "ith original charter, to perform and e/pedite any act of dutyre&uired y la", or to stop, pre#ent, and correct any ause or impropriety in the performance of

duties.

1. The 3mudsman has -%SAS+*- 3>-%, and may re&uire that proper legal steps

are taken y the officers concerned.

!. The pulic official or employee must e employed in

0+$. The Ho#ernment

0++$. Any sudi#ision, agency, or instrumentality thereof2 or

0+++$. H3CCs "ith original charters

1. The SC has held that the S may prosecute efore the Sandiganayan udges accused of

graft and corruption, e#en if they are under the Supreme Court.

'.$ Eirect the officer concerned to take the appropriate action against a pulic official or

employee at fault, and recommend his remo#al, suspension, demotion, fine, censure, or

prosecution, and ensure compliance there"ith.

1. The 3mudsman does 3T himself prosecute cases against pulic officers or employees.

!. Final say to prosecute still rests in the e/ecuti#e department.



'. The 3mudsman or Tanodayan may use mandamus to compel the fiscal to prosecute.

:.$ Eirect the officer concerned, in any appropriate case, and suect to such limitations as may

e pro#ided y la" to furnish it "ith copies of documents relating to contracts or transactionsentered into y his office in#ol#ing the disursement or use of pulic funds of properties, and

report any irregularity to C3A for appropriate action.

(.$ %e&uest any go#ernment agency for assistance and information necessary in the discharge of

its responsiilities, and to e/amine, if necessary, pertinent records and documents.

.$ ulic matters co#ered y its in#estigation "hen circumstances so "arrant and "ith due process.

7.$ Eetermine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the

go#ernment and make recommendations for their elimination and the oser#ance of high

standards of ethics and efficiency

8.$ romulgate its rules of procedure and e/ercise such other po"ers or perform such functions

or duties as may e pro#ided y la".

Note The 3ffice of the 3mudsman also has the duty to act promptly on complaints filed in any

form or manner against pulic officials or employees of the go#ernment, or any sudi#ision,agency or instrumentality including H3CCs and their susidiaries. +n appropriate cases, it

should notify the complainants of the action taken and the result thereof.

<isc#" Atono'y

The 3ffice of the 3mudsman enoys fiscal autonomy. +ts appro#ed annual appropriationsshould e automatically and regularly released.

Section 7* O<<ICE O< T;E SPECIAL PROCEC=TOR

1. nder the 1987 Constitution, the e/isting Tanodayan ecame the 3ffice of the Special

rosecutor

!. o"ers

1. +t "ill continue to function and e/ercise its po"ers as no" or hereafter may e pro#ided

y la"

!. -/ception o"ers conferred on the 3ffice of the 3mudsman

'. The 3ffice of the Special rosecutor is suordinate to and acts under the orders of the

3mudsman



Note* Acco$+in& to #c?3 the SC -#s -$on& %ec#se the ConCo' inten+e+ th#t the SP -#s

to ,$osecte #nti(&$#ft c#ses.

Section 1G* RECOVERY O< ILL(:OTTEN EALT;

P$esc$i,tion3 L#ches3 Esto,,e"

1.$ The right of the State to reco#er properties unla"fully ac&uired y pulic officials and

employees from them or from their nominees or transferees shall 3T e arred y prescription,

laches or estoppel.

!.$ Their right to prosecute criminally these officials and employees may prescrie.

Section 1@* PRO;I6ITION ON CERTAIN <INANCIAL TRANSACTIONS

Cove$#&e*

This prohiition applies to

1.$ resident

!.$ *iceDresident

'.$ emers of the Cainet

:.$ emers of Congress

(.$ emers of Supreme Court

.$ emers of Constitutional Commissions

7.$ 3mudsman

8.$ Any firm or entity in "hich they ha#e controlling interest

hen ,$ohi%ition #,,"ies*

rohiition applies during their T-%-.

Sco,e of ,$ohi%ition*

1.$ The ao#e mentioned officials cannot otain, directly or indirectly for 6S+-SS%3S-S



1. =oans

!. Huarantees

'. 3ther forms of financial accommodation

From

1. Ho#ernment o"ned or controlled anks2 or

!. Ho#ernment o"ned or controlled financial institutions.

!.$ +f the loan, etc, is 3T for usiness purpose, e.g. a housing loan, the prohiition does not

apply.

Section 17* St#te'ents of #ssets3 "i#%i"ities #n+ net -o$th

hen s%'itte+*

ulic officer and employee shall sumit a declaration under oath of his assets, liailities and net"orth upon assumption of office and as often as re&uired under the la".

hen +ec"#$#tion sh#"" %e +isc"ose+ to the ,%"ic*

These declarations shall e disclosed to the pulic in a manner pro#ided y la" in the case of

1.$ resident

!.$ *iceDresident

'.$ emers of the Cainet

:.$ emers of Congress

(.$ ?ustices of the Supreme Court

.$ emers of Constitutional Commissions

7.$ 3ther constitutional offices

8.$ 3fficers of the armed forces "ith general or flag rank

Section 18* A""e&i#nce of ,%"ic office$s #n+ e',"oyees

llegiance to t!e "tate an# to t!e Constitution



C!ange in Citi$ens!ip%&mmigrant "tatus

1.$ +ncument pulic officers and employees "ho seek either

1. Change his citiIenship2 or

!. Ac&uire immigrant status in another country

Shall e dealt "ith y la".

!.$ +f hilippine citiIenship is one of the &ualifications to the office, the loss of such citiIenshipmeans the loss of the office y the incument.

'.$ The -lection Code pro#ides the rules "ith respect to nonDincuments, i.e. persons running

for electi#e offices.

1. The Code pro#ides that permanent residents of or immigrant to a foreign country cannotfile certificates of candidacy unless they e/pressly "ai#e their status as such

This renunciation must e some other than, and prior to, the filling of the certificate of

candidacy.

article xviii

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