political law lesson plan

8/3/2019 Political Law Lesson Plan

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Political Law Lesson Plan for April - May pre-bar review

Essay type examination

I

The Government of Spain and the Republic of the Philippine entered into a treaty whelawyers of Spain may practice their professions in the Philippines and vice versa. Thetreaty was duly approved by the Philippine Senate. Hence, Senora Abogada Maria ClaMadrid, Spain, appeared as counsel of the Hijos de Ayala before the RTC of Makati fo

judicial settlement of the estate of Junacho de Ayala. The decedent was a former Spancitizen leaving behind properties in Madrid, Spain, and in Makati, Philippines. Howevopposing counsel Atty. Juan Tamban, representing Margarita Yambao, an illegitimate of Juancho, objected to her appearance as counsel and wanted to disallowed her from s

practice. Prepare a legal opinion on this matter.

As counsel, prepare a memorandum :1. Statement of facts;2. issue(s)3. arguments4. conclusion

As a judge, prepare a decision :1.

Statement of facts2. Applicable law3. Disposition

Resource materials :1. Principle of equality ;2. Art. VII, Sec. 21 of the constitution ;3. doctrine of incorporation;4. pacta sunt servanda;5. Art. XII, Sec. 14(2) of the constitution

Note : The reviewee is free to take on whose side of the litigant and should limit to amaximum of four arguments based on the constitutional provisions and other applicablaws.

II


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Susan de la Cruz was a factory worker at Xiamen Manufacturing Corporation in XiamChina. The employment contract entitled her a 1 month vacation leave with pay and frround trip air fare ( Xiamen Macau Manila Macau Xiamen). A week before herscheduled vacation. She meet Lita, a fellow Filipino in the park of Xiamen City and in

became closed to each other. Both went back to the Philippines and on the scheduled rof Susan to Xiamen, Lita entrusted her a black bag with the instruction that the same shnot be opened and a certain Mario, also an OFW, will meet her at the arrival area of Xairport and will receive the same. Susan acceded to the request in exchange for $1,000Unfortunately, the authorities of Xiamen Airport discovered that the said bag containscocaine, a prohibited drug. Hence Susan was arrested, tried and sentenced to suffer dea

penalty. Despite of the Philippine government plea to the Chinese government for mersentence was imposed thru lethal injection. The Philippine government is contemplatinfilling an action before the International Court of Justice.

As an international law practitioner, prepare a legal opinion on the matter.1. statement of facts;2. issue(s);3. arguments;4. conclusion;5. recommendation or action to be taken

Resource materials :a. act of state doctrine;

b. sovereignty of state;c. territorial jurisdiction;d. principle of equality;e. comity among nations;f. processual presumptions;g. personal jurisdiction.

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Political law refers to branch of law that establish the relation of the people and its

government/state or among governmental branches.

Study of political law is divided into :International Law law of nation transnational law - droit des gens volksrrecht

body of rules and principles governing the relations between the state.a. public international lawb. private international law


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2. Domestic/municipal/local laws

Classification of states :1. Associated state shared authority and responsibility (MOA-AD)2. Trust territory under administration by other state but administer its own affairs3. Protectorate state under the protection by another state in case of foreign invasion4. Belligerent state gains it status as a state after war with its mother country5. independent/sovereign state free from any intervention from another state.6. commonwealth state shared the natural wealth of a state with another state.

The right of jurisdiction accorded a sovereign state consists of :1. personal jurisdiction refers to its authority over its nationals who are in a

foreign country .

2. territorial jurisdiction refers to its authority over persons and properties withinterritorial boundaries.

Study of Political Law for purposes of Bar examination focus on :1. Constitution2. Public International Law3. Administrative law4. Election Law5. Local Government Code (selected provisions)6. General principles

StoryJohnny and Susan boarded a vessel for Hawaii. The vessel simply disappeared and fouthemselves in an unknown virgin island at the middle of the Pacific ocean.

a. creation of a state1. Definite territory

2. Numerous people3. Form of government4. Laws

b. principle there can be no imporium in an imperium


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Constitution as the fundamental law of the land. All laws must conform to it

1. presumption of validity2. constitutionality theory Orthodox theory

Note : Constitutionality theory valid until annulled examples : ----- -----Salary received by ousted elected mayor

1. de jure officer2. de facto officer3. hold-over doctrine

Compensation received by rank/file government employee thru erroneous interpretatiothe law

Exception:1. Erroneous payment does not apply.2. Estoppel, laches, Prescription

Note : Constitutionality theory is being followed

Note : Orthodox theory invalid since at the start it is invalid. So no right was acquire- It creates no right/office and imposes no obligation.

Framework structure of the government

1. national2. provincial3. municipal/city---- component city/independent city4. barangay

Note : The territorial jurisdiction of a state is based on the right of domain. The domaiState includes only the expanse of its territory over which it exercises the full rights ofsovereignty.

Sovereignty refers to the supreme power of a State to command and enforce obediencethe power, to which all interests are subject and all wills subordinate.

Inherent powers of the state :

1. Power of taxation


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2. Power of eminent domain -3. Police power an inherent power of the state to enact laws to promote theorder, safety, health, morals, general welfare of the society within the constitutiolimits.

a. can the state prohibits the mall operators to collect parking fee from their customers parked inside the parking lot of the Mall ? NO. amounts to taking of property without jcompensation.

b. can the subdivision developer be required to segregate 10% of the area for parks ? YExercise of police power for health, welfare, safety

c. can the private cemetery be compel to allocate 6% of the lots for paupers burial ? Namounts to taking of property without just compensation.

d. can the parking of cars in the at the side of the street be regulated ? YES.e. can the imposition of parking fee in the street valid ? yes

International Law law of nation transnational law - droit des gens volksrrecht ibody of rules and principles governing the relations between the state.

International morality or ethics is the body of principles observed by states in relatioother states on the basis of conscience, morality and humanity.

Diplomacy is he art, science or practice of conducting negotiation between state.

Comity comprises these acts, usages and rules of goodwill, etiquette and courteoustreatment that are due from one state to another based upon mutual respect.

Conflict of laws private international law refers to the body of rules applied to to aconflict between the 2 system of law in the decision of cases having contact with morone territory. It involves a choice of law to be applied in case a foreign element is inv

International intercourse refers to the official intercourse between states thru its foreioffices or ministries.

International administrative law body of rules that governs the internal affairs of aninternational institutions.


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5 principles of co-existence (Chinese view)

1. mutual respect of territorial integrity2. mutual non-aggression3. mutual non-interference of its internal affairs4. equality and mutual benefits5. peaceful co-existence

The 3 branches of the government - Executive Legislative Judiciary

1. Independence or non-interference principle among the branches2. Check and balance doctrine

3. Role of each department/branch4. Non-suability of the state - applies also to foreign state

Various forms of suit against the state1. a suit against the Republic by name;2. a suit against an unincorporated government agency;3. a suit against a government agency covered by a charter with respect to

the agencys performance of governmental functions; and4. a suit that on its face is against a government officer, but where the

ultimate liability will fall on the government.

Note : whether a government agency/instrumentality enter into commercial contract besubject to suit ? NO

qualified : 1. Performing governmental function the cloak of immunity remains2. Performing proprietary function it divest itself of its cloak of immunity

go down to the level of an ordinary per

1. governmental agency to carry out proprietary function of the state2. governmental instrumentality to carry out governmental function

3. GOCC a. organized thru a charter creating law govern Civil Service Law

b. organized thru the SEC BP 68 govern its creation labor Law


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Parts of the constitutionPreamble role of preambleArticles 1 18Art. 1 National territory

2 Declaration of principle and state policies3 Bill of rights4 - Citizenship5 Suffrage6 Legislative department7 Executive department8 Judicial department9 Constitutional commission

a. Civil Service commission

b. Commission on electionc. Commission on Audit

10 Local Government11 Accountability of Public Officers12 National Economy and Patrimony13 Social Justice and Human rights

a. Laborb. Agrarian and Natural Resources Reformc. Urban Land Reform and Housingd. Healthe. Womenf. Role and rights of people organizationj. Human rights

14 Education, Science and Technology, Arts, Culture, and Sports

a. Education

b. Languagesc. Science and technologyd. Sports

15 The family16 General Provision17 Amendments or Revision


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18 Transitory provisions

THE 1987 CONSTITUTIONPREAMBLE

ARTICLE INATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands andwaters embraced therein, and all other territories over which the Philippines hassovereignty orjurisdiction, consisting of its terrestrial, fluvial and aerial domains,including its territorial sea, the seabed, the subsoil, the insular shelves, and othersubmarine areas. The waters around, between, and connecting the islands of thearchipelago, regardless of their breadth and dimensions, form part of the internalwaters of the Philippines.

Issues :1. Archipelagic Doctrine 12 miles limit 200 miles exclusive economic zone

- 20 miles municipal marginal zone.

2. Modes of acquiring territory by the exercise of Sovereignty or jurisdiction

ARTICLE IIDECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

Sec. 1. The Philippines is a democratic and republican State.Sovereignty resides

in the people and all government authority emanates from them.

Sec. 2. The Philippines renounces war as an instrument of national policy, adoptsthe generally accepted principles of international law as part of the law of the land

and adheres to the policy of peace, equality, justice, freedom, cooperation, andcomity with all nations.


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Sec. 6. The separation of Church and State shall be inviolable.Issue : 1. May a catholic priest file his candidacy in a local/national election ?

2. May he be proclaimed as winner ? if so, may he take his oath of office ?

3. May priest exercise political rights ?

STATE POLICIES

Sec. 7. The State shall pursue an independent foreign policy. In its relations withother states, the paramount consideration shall be national sovereignty, territorialintegrity, national interest, and the right to self-determination.

Note : limitation to the treaty .

Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts andimplements a policy of full public disclosure of all its transactionsinvolving public interest. (transparency)

Note : Full disclosure only on matters involving public interest. Except military,

trade, banking, diplomatic secret and those affecting national security.

ARTICLE IIIBILL OF RIGHTS

Sec. 1. No person shall be deprived oflife, liberty, orproperty without due processof law, nor shall any person be denied the equal protection of the laws.

Issue : The central bank act ( RA 7653 sec. 15(c)) exempted officers from the salary

standardization law. However, employees holding salary grade of 19 and below arecovered by the SSL. Is RA 7653, sec. 15(c) valid ? YES.

In case subsequent laws were enacted exempting all rank-and- file employeeof government financial institutions from SSL - renders the continued application ofRA 7653, sec. 15(c) a violation of the Equal protection clause.


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(Central Bank employees association vs. BSP GR# 148208, December 15, 2004)

Sec. 2. The right of the people to be secure in their persons, houses, papers, andeffects against unreasonable searches and seizures of whatever nature and

for any purpose shall be inviolable, and

No search warrant or warrant of arrest shall issue except uponprobablecause to be determined personally by the judge afterexamination underoath or affirmation of the complainant and the witnesses he may produce,and particularly describing the place to be searched and the persons orthings to be seized.

Note : Search/seizure/arrest may be conducted without warrant :(presence of probable cause)

a. Search incident to a lawful arrest

b. Search of a moving vehicle

c. Search in violation of customs laws

d. Seizure of the evidence in plain view (plain view doctrine)

e. Search when the accused himself waives his right against

Unreasonable searches and seizure

f. Stop and friskg. Exigent and emergency situation

People vs. Vinecario 420 SCRA 280

Held : Searches conducted at checkpoints are valid if they are warranted by theexigencies of public orderand are limited to visual search.

Issue : May the raiding team confiscated items not included in the search warrant?NO. Only items stated in the search warrant.

How about those illegal items discovered ? YES. It can be confiscated.

Absence of this provision (zone of privacy) the protection of an individual will beinternational covenant on civil and political rights (ICCPR) and the Universaldeclaration of Human rights (UDHR)


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Sec. 3. (1) The privacy of communication and correspondence shall be inviolableexcept upon lawful order of the court, or when public safety ororder requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shallbe inadmissible for any purpose in any proceeding.

Sec. 4. No law shall be passed abridging the freedom ofspeech, ofexpression, orof thepress, or the right of the people peaceably to assemble and petitionthe government for redress of grievances.

Bayan vs. Ermita GR # 169838 April 25, 2006

Held : The SC gave the local government 30 days to designate a specific freedompark as provided by BP 880. Otherwise, all public parks and plazas of themunicipality/city concerned shall be deemed freedom park.

No prior permit of whatever kind shall be required to hold an assembly

therein.

Under BP 880 Calibrated Preemptive Response (CPR) is similar to maximum

tolerance policy. It is for the protection of the rallyist and independent from thecontent of the expression/speeches in the rally.

Note : Freedom of speech/expression can be regulated under the police power ofthe state under the :a. Clear and present danger rule

b. Dangerous tendency rule

Freedom of the press could be enjoyed so long as it does not content any comments.

And if it content comments. It should be afair comment(defense of the press)

Sec. 5. No law shall be made respecting an establishment of religion, or prohibitingthe free exercise thereof. The free exercise and enjoyment of religious professionand worship, without discrimination or preference, shall forever be allowed. Noreligious test shall be required for the exercise of civil or political rights.


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Sec. 6. The liberty of abode and of changing the same within the limits prescribedby law shall not be impaired except upon lawful order of the court.

Neither shall the right to travelbe impaired except in the interest ofnationalsecurity,public safety, orpublic health, as may be provided bylaw.

Sec. 7. The right of the people to information on matters ofpublic concern shall berecognized.Access to official records, and to documents and papers pertaining toofficial acts, transactions, or decisions, as well as to government research data usedas basis for policy development,shall be afforded the citizen, subject to such

limitations as may be provided by law.

Issue : May the COMELEC withheld the publication of the party-list nominees ? NO. Sec. 7 and Art. II sec. 28 the state adopts and implements a policy

of full disclosure of all its transactions involving public interest.

Concept of Public concern or Pubic interestIt refers to subject which thepublic wants to know, either because it affect their

lives or such matters are of interestof an ordinary citizen.

Sec. 8. The right of the people, including those employed in the public and privatesectors, to form unions, associations, or societies for purposes not contrary to lawshall not be abridged.

Sec. 9. Private property shall not be taken for public use without just compensation.Note : Power of eminent domain reasonable necessity Issues to be determine by the court upon judicial review :

a. Adequacy of the just compensationb. The necessity of takingc. The public use character of the purpose of the taking

Issue : Whether the Napocor transmission line passing thru a private property beliable to pay just compensation to the property owner ? YES. It amounts to


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takingbecause the owner was deprive of his propertys normal use.(NPC vs. Tiangco GR#170846 February 6, 2007)

Easement vs. Eminent Domain

Easement Eminent Domain1. Only rights is transmitted 1. Rights and ownership is transmitted

Sec. 10. No law impairing the obligation of contracts shall be passed.Note : The non-impairment clause is subject to and limited by the inherent police

power of the state.

The police power to enact laws/ordinances is now delegated to the localcouncil (Municipal, City, Provincial and Barangay)

Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legalassistance shall not be denied to any person by reason of poverty.

Sec. 12. (1) Any person under investigation for the commission of an offense shallhave the right to be informed of his right to remain silentand to have competent and

independent counselpreferably of his own choice. If the person cannot afford theservices of counsel, he must be provided with one. These rights cannot be waivedexcept in writing and in the presence of counsel.

People vs. Tumaquin 435 scra 23Held : The confession of the accused to be admissible, the lawyer assisting himduring the custodial investigation must be present from the very beginning

(2) No torture, force, violence, threat, intimidation, or any other means

which vitiate the free will shall be used against him. Secret detention places, solitaryincommunicado, or other similar forms of detention are prohibited.

(3)Any confession or admission obtained in violation of this or Sec. 17hereof shall be inadmissible in evidence against him.


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(4) The law shall provide for penal and civil sanctions for violations of thissection as well as compensation to the rehabilitation of victims of torture or similar

practices, and their families.

Sec. 13. All persons, except those charged with offenses punishable by reclusionperpetua when evidence of guilt is strong, shall, before conviction, be bailable bysufficient sureties, or be released on recognizance as may be provided by law. Theright to bail shall not be impaired even when the privilege of the writ of habeascorpus is suspended. Excessive bail shall not be required.

Issue: whether an extraditee be entitled to post bail? YES. The Philippinesauthorities are under obligation to make available to every person under

detention such remedies which safeguard their fundamental rights toliberty. These remedies includes the right to be admitted to bail.(Government of Hongkong vs. Hon. Olalia GR#153675 April 19, 2007)

Note : The Nuremberg and Tokyo trials after the world war II resulted wherein anindividual offenders can now be a valid subject of international law and can be

prosecuted before the International Court of Justice. (Nuremberg principle)

International Court of JusticeICJ has persecuted Serbian Leaders (individually) for warcrimes and crimes against humanity committed in Yugoslavia

Quantum of evidence needed1. in criminal cases Proof beyond reasonable doubt2. in civil cases proof of preponderance of evidences3. in administrative cases substantial evidences4. in deportation proceedings Clear and convincing evidences this standard

is lower than proof beyond reasonable doubt buthigher than proof of preponderance ofevidences

Sec. 14. (1) No person shall be held to answer for a criminal offense without dueprocess of law.


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(2) In all criminal prosecutions, the accused shall bepresumed innocentuntithe contrary is proved, and shall enjoy the right to be heard by himselfand counsel,to be informed of the nature and cause of the accusation against him, to have a

speedy, impartial, and public trial, to meet the witnesses face to face, and to havecompulsory process to secure the attendance of witnesses and theproduction ofevidence in his behalf. However, after arraignment, trial may proceednotwithstanding the absence of the accused: Provided, that he has been duly notifiedand his failure to appear is unjustifiable.

Sec. 15. The privilege of the writ of habeas corpus shall not be suspended except incases ofinvasion orrebellion, when the public safety requires it.

a. Writ of habeas corpusb. Writ of amparoc. Writ of habeas data

Sec. 16. All persons shall have the right to a speedy disposition of their cases beforeall judicial, quasi-judicial, or administrative bodies.

Sec. 17. No person shall be compelled to be a witness against himself.(Doctrine of self incrimination) mental faculties act/mechanical act

Sec. 18. (1) No person shall be detained solely by reason of his political beliefs andaspirations.

(2)No involuntary servitude in any form shall exist except as apunishment for a crime whereof the party shall have been duly convicted.Note :RA 9208 Anti-trafficking in person act Trafficking in person refers to the

recruitment, transportation, transfer or harboring, or receipt of a person with orwithout the victims consent or knowledge within or across the national borders bymeans of threat, or use of force, coercion, abduction, fraud, deception, abuse of

power or position, in the form ofsexual exploitation,forced laboror services,slavery,servitude or the removal or sale of organ.


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Note : The victim is not considered as offender but as victim.Violation of RA 9208 is either consummated or attempted stage.

Sec. 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. Neither shall death penalty be imposed, unless, for compellingreasons involving heinous crimes, the Congress hereafter provides for it. Any death

penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishmentagainst any prisoner or detainee or the use of substandard or inadequate penalfacilities under subhuman conditions shall be dealt with by law.

Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Sec. 21. No person shall be twice put in jeopardy of punishment for the sameoffense. If an act is punished by a law and an ordinance, conviction or acquittalunder either shall constitute a bar to another prosecution for the same act.

People vs. CA GR#159261 February 21, 2007Finality of Acquittal doctrine means the decision of acquittal is immediately final

and executory.

Exception to the Doctrine of double jeopardy :1. 1. When there is deprivation of due process2. 2. When there is mistrial3. 3. When there has been grave abuse of discretion

Sec. 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IVCITIZENSHIP

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption


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of this Constitution;2. Those whose fathers or mothers are citizens of the Philippines;3. Those born before January 17, 1973, of Filipino mothers, who elect

Philippine citizenship upon reaching the age of majority; and

4. Those who are naturalized in accordance with law.

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

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

law. 1. legislative legislative fiat2. Administrative RA 91393. Judicial CA 473

So vs. Republic GR# 170603 January 29, 2007Concept of naturalization The act of adopting an alien into the political body of a

country by clothing him with the privileges of a citizen.

Issue : Is the granting of naturalized status by the court becomes res judicata ?Held : NO. a certificate/decision of naturalization may be cancelled if the applicantMislead the court or commit acts violative to the condition of suchnaturalization.

CA 473 covers all alien regardless of its statusRA 9139 covers native-born aliens who live in the Philippines during their entire

life, have never saw any other country and believing he is a filipino.RA 9225 - Citizenship Retention and Re-Acquisition Act of 2003 former

Filipino wanted to re-acquire his Filipino citizenship.

Issue : A person re-acquires his Filipino citizenship under RA 9225 be allowed torun for Presidency, senatorial or representatives ?

Held : YES provided he complied the requirements to that position stated in theconstitution. However, they are disqualified if they are holding public


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office or commissioned in the military of that foreign country.

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

Sec. 5. Dual allegiance of citizens is inimical to the national interest and shall bedealt with by law.

Issue : whether RA 9225 constitute a dual allegiance ?Held : NO. RA 9225 is not concern on the dual citizenship. But with the status of

naturalized citizens who maintain their allegiance to the Philippines evenafter their naturalization in foreign country.

Note : There is no enabling law yet explaining dual allegiance. So premature for thecourt to entertain issues regarding dual allegiance.

ARTICLE VSUFFRAGE

Sec. 1. Suffrage may be exercised by all citizens of the Philippines not otherwise

disqualified by law, who are at least 18 years of age, and who shall have resided inthe Philippines for at least 1 year, and in the place wherein they propose to vote, forat least 6 months immediately preceding the election.

No literacy, property, or other substantive requirement shall be imposed on theexercise of suffrage.

ARTICLE VI

THE LEGISLATIVE DEPARTMENT

Sec. 1. The legislative power shall be vested in the Congress of the Philippineswhich shall consist of a Senate and a House of Representatives, except to the extentreserved to the people by the provision on initiative and referendum.

a. initiative


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b. referendumc. plebiscited. recall

Sec. 2. The Senate shall be composed of 24 Senators who shall be elected at large bythe qualified voters of the Philippines, as may be provided by law.Sec. 3. No person shall be a Senator unless he is a natural-born citizen of thePhilippines and, on the day of the election, is at least 35 years of age, able to readand write, a registered voter, and a resident of the Philippines for not less than 2years immediately preceding the day of the election.

Sec. 4. The term of office of the Senators shall be 6 years and shall commence,unless otherwise provided by law, at noon on the thirtieth day of June next followingtheir election. No Senator shall serve for more than 2 consecutive terms.

Voluntary renunciation of the office for any length of time shall not be considered asan interruption in the continuity of his service for the full term of which he waselected.

Sec. 6. No person shall be a Member of the House of Representatives unless he is anatural-born citizen of the Philippines and, on the day of the election, is at least 25years of age, able to read and write, and, except the party-list representatives, aregistered voterin the district in which he shall be elected, and a resident thereof fora period of not less than 1 yearimmediately preceding the day of the election.

Sec. 7. The Members of the House of Representatives shall be elected for a term of 3years which shall begin, unless otherwise provided by law, at noon on the thirtiethday of June next following their election.

No Member of the House of Representatives shall serve for more than threeconsecutive terms. Voluntary renunciation of the office for any length of time

shall not be considered as an interruption in the continuity of his service for the

full term for which he was elected.


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Sec. 11.A Senator or Member of the House of Representatives shall, in alloffenses punishable by not more than 6 years imprisonment, be privileged from

arrest while the Congress is in session.No Member shall be questioned nor be

held liable in any other place for any speech or debate in the Congress or in anycommittee thereof.

Sec. 14.No Senator or Member of the House of Representatives may personallyappear appear as counsel before any court of justice or before theElectoral

Tribunals, orquasi-judicialand otheradministrative bodies. Neither shall he,directly or indirectly, be interested financially in any contract with, or in any

franchise or special privilege granted by the Government, or any subdivision,agency, or instrumentality thereof, including any government-owned or controlledcorporation, or its subsidiary, during his term of office. He shall not intervene in anymatter before any office of the Government for his pecuniary benefit or where hemay be called upon to act on account of his office.

Sec. 15. The Congress shall convene once every year on the fourthMonday of July for its regular session, unless a different date is fixedby law, and shall continue to be in session for such number of days asit may determine until thirty days before the opening of its next regularsession, exclusive of Saturdays, Sundays, and legal holidays. ThePresident may call a special session at any time.

(3)Each House may determine the rules of its proceedings,punish its Members for disorderly behavior, and, with the concurrence

of two-thirds of all its Members, suspend or expel a Member. A penaltyof suspension, when imposed, shall not exceed sixty days.


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Sec. 17. The Senate and the House of Representatives shall each havean Electoral Tribunal which shall be thesole judge of all contestsrelating to the election, returns, and qualifications of their

respective Members. Each Electoral Tribunal shall be composed of9

Members, three of whom shall be Justices of the Supreme Court to bedesignated by the Chief Justice, and the remaining six shall beMembers of the Senate or the House of Representatives, as the casemay be, who shall be chosen on the basis of proportional representationfrom the political parties and the parties or organizations registeredunder the party-list system represented therein. The senior Justice inthe Electoral Tribunal shall be its Chairman.

Sec. 18. There shall be a Commission on Appointments consisting ofthe President of the Senate, as ex officio Chairman, 12 Senators, and12 Members of the House of Representatives, elected by each Houseon the basis of proportional representation from the political partiesand parties or organizations registered under the party-list systemrepresented therein. The chairman of the Commission shall not vote,except in case of a tie. The Commission shall act on all appointmentssubmitted to it within thirty session days of the Congress from their

submission. The Commission shall rule by a majority vote of all theMembers.

Sec. 21. The Senate or the House of Representatives or any of itsrespective committees may conduct inquiries in aid of legislation inaccordance with its duly published rules of procedure. The rights of

persons appearing in, or affected by, such inquiries shall be

respected.

Sec. 28. (1) The rule of taxation shall be uniform and equitable. TheCongress shall evolve aprogressive system of taxation.


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(2) The Congress may, by law, authorize the President to fixwithin specified limits, and subject to such limitations and restrictionsas it may impose, tariff rates, import and export quotas, tonnage andwharfage dues, and otherduties or imposts within the framework of

the national development program of the Government.

(3) Charitable institutions, churches and personages orconvents appurtenantthereto, mosques, non-profit cemeteries, and all

lands, buildings, and improvements, actually, directly, and exclusively

used for religious, charitable, or educational purposes shall be exempt

from taxation.

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

(2) No public money or property shall be appropriated,applied, paid, or employed, directly or indirectly, for the use, benefit,or support of any sect, church, denomination, sectarian institution, orsystem of religion, or of any priest, preacher, minister, other religiousteacher, or dignitary as such, except when such priest, preacher,

minister, or dignitary is assigned to thearmed forces

, or to anypenal

institution, orgovernment orphanage orleprosarium.

Sec. 30.No law shall be passed increasing the appellate jurisdiction ofthe Supreme Courtas provided in this Constitution without its adviceand concurrence.

ARTICLE VIIEXECUTIVE DEPARTMENT

Sec. 1. The executive powershall be vested in the President of thePhilippines.


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Note : Residual power power not specifically granted by law butwithin the office.

Sec. 2. No person may be elected President unless he is a natural-born

citizen of the Philippines, a registered voter, able to read and write, atleast 40 years of age on the day of the election, and a resident of the

Philippines for at least 10 years immediately preceding such election.

Sec. 3. There shall be a Vice-President who shall have the samequalifications and term of office and be elected with, and in the samemanner, as the President. He may be removed from office in the samemanner as the President.

The Vice-President may be appointed as a Member of the Cabinet.

Such appointment requires no confirmation.

Sec. 4. The President and the Vice-President shall be elected by directvote of the people for a term of6years which shall begin at noon onthe thirtieth day of June next following the day of the election and shallend at noon of the same date, six years thereafter. The President shall

not be eligible for any re-election.No person who has succeeded as

President and has served as such for more than 4years shall be

qualified for election to the same office at any time.

No Vice-President shall serve for more than 2 successive terms.

The Supreme Court, sitting en banc, shall be the sole judge of all

contests relating to the election, returns, and qualifications of the

President or Vice-President, and may promulgate its rules for the

purpose.

Sec. 8. In case ofdeath,permanent disability, removal from office, orresignation of the President, the Vice-President shall become thePresident to serve the unexpired term. In case of death, permanentdisability, removal from office, or resignation of both the President and


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Vice-President, the President of the Senate or, in case of his inability,the Speaker of the House of Representatives, shall then act as Presidentuntil the President or Vice-President shall have been elected andqualified.

Sec. 15. 2 months immediately before the next presidential electionsand up to the end of his term, a President or Acting President shall notmake appointments, except temporary appointments to executive

positions when continued vacancies therein will prejudice publicservice or endanger public safety.

Sec. 16. The President shall nominate and, with the consent of theCommission on Appointments, appoint the heads of the executivedepartments, ambassadors, otherpublic ministers and consuls, orofficers of the armed forces from therank of colonel or navalcaptain, and other officers whose appointments are vested in him inthis Constitution. He shall also appoint all otherofficers of theGovernment whose appointments are not otherwise provided for by

law, and those whom he may be authorized by law to appoint. The

Congress may, by law, vest the appointment of other officers lower inrank in the President alone, in the courts, or in the heads ofdepartments, agencies, commissions, or boards.

The President shall have the power to make appointments during therecess of the Congress, whether voluntary or compulsory, but suchappointments shall be effective only until disapproved by theCommission on Appointments or until the next adjournment of theCongress. (Interim appointment)

Sec. 17. The President shall have control of all the executivedepartments, bureaus, and offices. He shall ensure that the laws befaithfully executed.


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Sec.18. The President shall be the Commander-in-Chief of all armedforces of the Philippines and whenever it becomes necessary, he maycall out such armed forces to prevent or suppress lawless violence,invasion orrebellion. In case of invasion or rebellion, when the public

safety requires it, he may, for a period not exceeding 60 days, suspendthe privilege of the writ of habeas corpus or place the Philippines orany part thereof under martial law.

A state of martial law does not suspend the operation of the

Constitution, nor supplant the functioning of the civil courts or

legislative assemblies, nor authorize the conferment of jurisdiction

on military courts and agencies over civilians where civil courts are

able to function, nor automatically suspend the privilege of the writof habeas corpus.

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

Sec. 19.Except in cases of impeachment, or as otherwise provided in

this Constitution, the President may grantreprieves

,commutations

,andpardons, and remit fines and forfeitures, after conviction by finaljudgment.

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

Sec. 21.No treaty or international agreement shall be valid andeffective unless concurred in by at least two-thirds of all the

Members of the Senate.

ARTICLE VIIIJUDICIAL DEPARTMENT


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

Judicial powerincludes the duty of the courts of justice to settle actual

controversies involving rights which are legally demandable andenforceable, and to determine whether or not there has been a graveabuse of discretion amounting to lack or excess of jurisdiction on the

part of any branch or instrumentality of the Government.(expanded judicial power)

Sec. 2. The Congress shall have the power to define, prescribe, andapportion the jurisdiction of the various courts but may not deprive the

Supreme Court of its jurisdiction over cases enumerated in Section 5hereof.

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

Sec. 4. (1) The Supreme Court shall be composed of a Chief Justiceand 14 Associate Justices. It may sit en banc or in its discretion, indivision

of three, five, or seven Members. Any vacancy shall be filledwithin 90 days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty,international or executive agreement, or law, which shall be heard bythe Supreme Court en banc, and all other cases which under the Rulesof Court are required to be heard en banc, including those involving theconstitutionality, application, or operation of presidential decrees,

proclamations, orders, instructions, ordinances, and other regulations,

shall be decided with the concurrence of a majority of the Memberswho actually took part in the deliberations on the issues in the case andvoted thereon.

(3) Cases or matters heard by a division shall be decided orresolved with the concurrence of a majority of the Members who


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actually took part in the deliberations on the issues in the case andvoted thereon, and in no case without the concurrence of at least threeof such Members. When the required number is not obtained, the caseshall be decided en banc: Provided, that no doctrine or principle of

law laid down by the court in a decision rendered en banc or indivision may be modified or reversed except by the court sitting en

banc.

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

1. Exercise original jurisdiction over cases affectingambassadors, other public ministers and consuls, and over petitions for

certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify, or affirm on appeal or certiorari, asthe law or the Rules of Court may provide, final judgments and orders of lowercourts in:

(a) All cases in which the constitutionality or validity of any treaty,international or executive agreement, law, presidential decree,

proclamation, order, instruction, ordinance, or regulation is inquestion.

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

(c) All cases in which the jurisdiction of any lower court is in issue(d) All criminal cases in which the penalty imposed is reclusion perpetua orhigher.(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as publicinterest may require. Such temporary assignment shall not exceed 6months without the consent of the judge concerned.


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(4) Order a change of venue or place of trial to avoid a miscarriage ofjustice.

(5) Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, theadmission to the practice of law, the integrated bar, and legal assistance tothe under-privileged. Such rules shall provide a simplified and inexpensive

procedure for the speedy disposition of cases, shall be uniform for allcourts of the same grade, andshall not diminish, increase, or modifysubstantive rights. Rules of procedure of special courts and quasi-judicialbodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance withthe Civil Service Law.

Sec. 6. The Supreme Court shall have administrative supervision overall courts and the personnel thereof.

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

Philippines. A Member of the Supreme Court must be at leastforty

years of age, and must have been for15 years or more, a judge of alower court orengaged in the practice of lawin the Philippines.

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

Sec. 11. The Members of the Supreme Court and judges of lower

courts shall hold office during good behavior until they reach the ageof 70 years or become incapacitated to discharge the duties of theiroffice. The Supreme Court en banc shall have the power to discipline

judges of lower courts, or order their dismissal by a vote of a majorityof the Members who actually took part in the deliberations on theissues in the case and voted thereon.


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Sec. 12. The Members of the Supreme Court and of other courtsestablished by law shall not be designated to any agency performingquasi-judicial or administrative functions.

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

Sec. 15. (1) All cases or matters filed after the effectivity of thisConstitution must be decided or resolved within 24 months from dateof submission for the Supreme Court, and, unless reduced by theSupreme Court, 12 months for all lower collegiate courts, and 3 months

for all other lower courts.

ARTICLE IXA. COMMON PROVISIONS

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

the Commission on Audit.

A. THE CIVIL SERVICE COMMISSION

Sec. 1. (1) The civil service shall be administered by the Civil ServiceCommission composed of a Chairman and two Commissioners whoshall be natural-born citizens of the Philippines and, at the time of theirappointment, at least thirty-five years of age, with proven capacity for

public administration, and must not have been candidates for any

elective position in the elections immediately preceding theirappointment.


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Sec. 2. (1) The civil service embraces all branches, subdivisions,instrumentalities, and agencies of the Government, includinggovernment-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made onlyaccording to merit and fitness to be determined, as far as practicable,and, except to positions which are policy-determining, primarilyconfidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removedor suspended except for cause provided by law.

(4) No officer or employee in the civil service shall engage,directly or indirectly, in any electioneering or partisan politicalcampaign.

(5) The right to self-organization shall not be denied togovernment employees.

(6) Temporary employees of the Government shall be given

such protection as may be provided by law.

Sec. 6. No candidate who has lost in any election shall, within 1 yearafter such election, be appointed to any office in the Government orany Government-owned or controlled corporations or in any of theirsubsidiaries.

Sec. 7. No elective official shall be eligible for appointment ordesignation in any capacity to any public office or position during his

tenure.

Sec. 8. No elective or appointive public officer or employee shallreceive additional, double, or indirect compensation, unless specificallyauthorized by law, nor accept without the consent of the Congress, any


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present, emolument, office, or title of any kind from any foreigngovernment.

Pensions or gratuities shall not be considered as additional, double, or

indirect compensation.

B. THE COMMISSION ON ELECTIONS

Sec. 1. (1) There shall be a Commission on Elections composed of aChairman and six Commissioners who shall be natural-born citizens ofthe Philippines and, at the time of their appointment, at least thirty-fiveyears of age, holders of a college degree, and must not have been

candidates for any elective positions in the immediately precedingelections. However, a majority thereof, including the Chairman, shall

be members of the Philippine Bar who have been engaged in thepractice of law for at least ten years.

Sec. 5. No pardon, amnesty, parole, or suspension of sentence forviolation of election laws, rules, and regulations shall be granted by thePresident without the favorable recommendation of the Commission.

Sec. 6. A free and open party system shall be allowed to evolveaccording to the free choice of the people, subject to the provisions ofthis Article.

Sec. 10. Bona fide candidates for any public office shall be free fromany form of harassment and discrimination.

D. THE COMMISSION ON AUDIT

Sec. 1. (1) There shall be a Commission on Audit composed of aChairman and two Commissioners, who shall be natural-born citizensof the Philippines and, at the time of their appointment, at least thirty-


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five years of age, Certified Public Accountants with not less than tenyears of auditing experience, or members of the Philippine Bar whohave been engaged in the practice of law for at least ten years, andmust not have been candidates for any elective position in the elections

immediately preceding their appointment. At no time shall allMembers of the Commission belong to the same profession.

ARTICLE XLOCAL GOVERNMENTGENERAL PROVISIONS

Sec. 2. The territorial and political subdivisions shall enjoy local

autonomy.

Sec. 4. The President of the Philippines shall exercise generalsupervision over local governments. Provinces with respect tocomponent cities and municipalities, and cities and municipalities withrespect to component barangays, shall ensure that the acts of theircomponent units are within the scope of their prescribed powers and

functions.

Sec. 5. Each local government unit shall have the power to create itsown sources of revenues and to levy taxes, fees and charges subject tosuch guidelines and limitations as the Congress may provide,consistent with the basic policy of local autonomy. Such taxes, fees,and charges shall accrue exclusively to the local governments.

Sec. 12. Cities that are highly urbanized, as determined by law, andcomponent cities whose charters prohibit their voters from voting for

provincial elective officials, shall be independent of the province. Thevoters of component cities within a province, whose charters contain

no such prohibition, shall not be deprived of their right to vote for

elective provincial officials.


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AUTONOMOUS REGIONS

Sec. 16. The President shall exercise general supervision over

autonomous regions to ensure that laws are faithfully executed.

Sec. 17. All powers, functions, and responsibilities not granted by thisConstitution or by law to the autonomous regions shall be vested in the

National Government.

ARTICLE XIACCOUNTABILITY OF PUBLIC OFFICERS

Sec. 1. Public office is a public trust. Public officers and employeesmust, at all times, be accountable to the people, serve them with utmostresponsibility, integrity, loyalty, and efficiency; act with patriotism and

justice, and lead modest lives.

Sec. 2. ThePresident, the Vice-President, theMembers of theSupreme Court, theMembers of the Constitutional Commissions, and

theOmbudsman

may be removed from office on impeachment for, andconviction of, culpable violation of the Constitution, treason, bribery,graft and corruption, otherhigh crimes, orbetrayal of public trust. Allother public officers and employees may be removed from office as

provided by law, but not by impeachment.

Sec. 3. (1) The House of Representatives shall have the exclusivepower to initiate all cases of impeachment.

(3) A vote of at least 1/3 of all the Members of the House shallbe necessary either to affirm a favorable resolution with the Articles ofImpeachment of the Committee, or override its contrary resolution.The vote of each Member shall be recorded.


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(4) In case the verified complaint or resolution of impeachmentis filed by at least 1/3 of all the Members of the House, the same shallconstitute the Articles of Impeachment, and trial by the Senate shallforthwith proceed.

(5) No impeachment proceedings shall be initiated against thesame official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide allcases of impeachment. When sitting for that purpose, the Senators shall

be on oath or affirmation. When the President of the Philippines is ontrial, the Chief Justice of the Supreme Court shall preside, but shall not

vote. No person shall be convicted without the concurrence of 2/3 ofall the Members of the Senate.

(7)Judgment in cases of impeachment shall not extend furtherthan removal from office and disqualification to hold any office under

the Republic of the Philippines, but the party convicted shallnevertheless be liable and subject to prosecution, trial, and punishment,according to law.

Sec. 5. There is hereby created the independent Office of theOmbudsman, composed of the Ombudsman to be known asTanodbayan, one overall Deputy and at least one Deputy each forLuzon, Visayas, and Mindanao. A separate Deputy for the militaryestablishment may likewise be appointed.

Sec. 6. The officials and employees of the Office of the Ombudsman,

other than the Deputies, shall be appointed by the Ombudsman,according to the Civil Service Law.

Sec. 7. The existing Tanodbayan shall hereafter be known as the Officeof the Special Prosecutor. It shall continue to function and exercise its

powers as now or hereafter may be provided by law, except those


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conferred on the Office of the Ombudsman created under thisConstitution.

Sec. 11. The Ombudsman and his Deputies shall serve for a term ofseven years without reappointment. They shall not be qualified to runfor any office in the election immediately succeeding their cessationfrom office.

Sec. 15. The right of the State to recover properties unlawfullyacquired by public officials or employees, from them or from their

nominees or transferees, shall not be barred by prescription, laches,or estoppel.

Sec. 18. Public officers and employees owe the State and thisConstitution allegiance at all times and any public officer or employeewho seeks to change his citizenship or acquire the status of animmigrant of another country during his tenure shall be dealt with bylaw.

ARTICLE XIINATIONAL ECONOMY AND PATRIMONY

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 theState. With the exception of

agricultural lands, all other natural resources shall not be alienated.

Note : Regalian Doctrine Issue ; A public land was inside the Municipality of Mawab, may itsSanguniang Bayan passed a resolution entering into a lease contractwith a Rural Bank?


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Held : Public lands are owned by the state under the Regalian Doctrine.Hence, the Sanguniang Bayan exceeded its authority.

The exploration, development, and utilization of natural resources shall

be under the full control and supervision of the State. The State maydirectly undertake such activities, or it may enter into co-production,

joint venture, or production-sharing agreements with Filipino citizens,or corporations or associations at least 60% of whose capital is owned

by such citizens. Such agreements may be for a period not exceeding25 years, renewable for not more than 25 years, and under such termsand conditions as may be provided by law. In cases of water rights forirrigation, water supply fisheries, or industrial uses other than the

development of water power, beneficial use may be the measure andlimit of the grant.

The State shall protect the nation's marine wealth in its archipelagicwaters, territorial sea, and exclusive economic zone, and reserve its useand enjoyment exclusively to Filipino citizens.

The President may enter into agreements with foreign-owned

corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum,and other mineral oils according to the general terms and conditions

provided by law, based on real contributions to the economic growthand general welfare of the country. In such agreements, the State shall

promote the development and use of local scientific and technicalresources.

Section 3. Lands of the public domain are classified into agricultural,forest ortimber, mineral lands and national parks. Agricultural lands ofthe public domain may be further classified by law according to theuses to which they may be devoted. Alienable lands of the publicdomain shall be limited to agricultural lands. Private corporations orassociations may not hold such alienable lands of the public domain


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except by lease, for a period not exceeding twenty-five years,renewable for not more than twenty-five years, and not to exceed onethousand hectares in area. Citizens of the Philippines may lease notmore than five hundred hectares, or acquire not more than twelve

hectares thereof, by purchase, homestead, or grant.

Sec. 5. The State, subject to the provisions of this Constitution andnational development policies and programs, shall protect the rightsof indigenous cultural communities to their ancestral lands toensure their economic, social, and cultural well-being.

Sec. 7. Save in cases of hereditary succession, no private lands shall

be transferred or conveyed except to individuals, corporations, orassociations qualified to acquire or hold lands of the public domain.

Sec. 8. Notwithstanding the provisions of Sec. 7 of this Article, anatural-born citizen of the Philippines who has lost his Philippine

citizenship may be a transferee of private lands, subject to limitationsprovided by law.

Sec. 10. The Congress shall, upon recommendation of the economicand planning agency, when the national interest dictates, reserve tocitizens of the Philippines or to corporations or associations at leastsixty per centum of whose capital is owned by such citizens, or suchhigher percentage as Congress may prescribe, certain areas ofinvestments. The Congress shall enact measures that will encourage theformation and operation of enterprises whose capital is wholly owned

by Filipinos.

In the grant of rights, privileges, and concessions covering the

national economy and patrimony, the State shall give preference to

qualified Filipinos.


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Sec. 11. No franchise, certificate, or any other form ofauthorizationfor the operation of a public utility shall be granted except to citizensof the Philippines or to corporations or associations organized under

the laws of the Philippines, at least 60% of whose capital is owned bysuch citizens; nor shall such franchise, certificate, or authorization beexclusive in character or for a longer period than 50 years. Neithershall any such franchise or right be granted except under the conditionthat it shall be subject to amendment, alteration, or repeal by theCongress when the common good so requires. The State shallencourage equity participation in public utilities by the general public.The participation of foreign investors in the governing body of any

public utility enterprise shall be limited to their proportionate share inits capital, and all the executive and managing officers of suchcorporation or association must be citizens of the Philippines.

Sec. 12. The State shall promote the preferential use of Filipino labor,domestic materials and locally produced goods, and adopt measuresthat help make them competitive. (Filipino first policy)The practice of all professions in the Philippines shall be limited to

Filipino citizens, save in cases prescribed by law.

Sec. 17. In times of national emergency, when the public interest sorequires, the State may, during the emergency and under reasonableterms prescribed by it, temporarily take over or direct the operation ofany privately-owned public utility or business affected with publicinterest.

Sec. 18. The State may, in the interest ofnational welfare ordefense,establish and operate vital industries and, upon payment of justcompensation, transfer to public ownership utilities and other private

enterprises to be operated by the Government.


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Sec. 19. The State shall regulate or prohibit monopolies when thepublic interest so requires.No combinations in restraint of trade orunfair competition shall be allowed.

LANGUAGE

Sec. 6. The national language of the Philippines is Filipino. As it evolves, itbe further developed and enriched on the basis of existing Philippine and othlanguages.

Subject to provisions of law and as the Congress may deem appropriate, the

Government shall take steps to initiate and sustain the use of Filipino as amedium of official communication and as language of instruction in theeducational system.

Sec. 7. For purposes of communication and instruction, the official languagthe Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions anshall serve as auxiliary medium of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Sec. 8. This Constitution shall be promulgated in Filipino and English and sbe translated into major regional languages, Arabic, and Spanish.

Sec. 9. The Congress shall establish a national language commission compoof representatives of various regions and disciplines which shall undertake,coordinate, and promote researches for the development, propagation, and

preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Sec. 10. Science and technology are essential for national development andprogress. The State shall give priority to research and development, inventio


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innovation, and their utilization; and to science and technology education,training, and services. It shall support indigenous, appropriate, and self-reliascientific and technological capabilities, and their application to the country

productive systems and national life.

Sec. 11. The Congress may provide for incentives, including tax deductionsencourage private participation in programs of basic and applied scientificresearch. Scholarships, grants-in-aid, or other forms of incentives shall be

provided to deserving science students, researchers, scientists, inventors,technologists, and specially gifted citizens.

Sec. 12. The State shall regulate the transfer and promote the adaptation oftechnology from all sources for the national benefit. It shall encourage the w

participation of private groups, local governments, and community-basedorganizations in the generation and utilization of science and technology.

Sec. 13. The State shall protect and secure the exclusive rights of scientists,inventors, artists, and other gifted citizens to their intellectual property andcreations, particularly when beneficial to the people, for such period as may

provided by law.

SPORTS

Sec. 19. (1) The State shall promote physical education and encourage sportprograms, league competitions, and amateur sports, including training forinternational competitions, to foster self-discipline, teamwork, and excellenthe development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activithroughout the country in cooperation with athletic clubs and other sectors.

ARTICLE XVTHE FAMILY


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Sec. 1. The State recognizes the Filipino family as the foundation of the natAccordingly, it shall strengthen its solidarity and actively promote its totaldevelopment.

Sec. 2. Marriage, as an inviolable social institution, is the foundation of thefamily and shall be protected by the State.

Sec. 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their relconvictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrit

and special protection from all forms of neglect, abuse, cruelty, exploitationother conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in theplanning and implementation of policies and programs that affect them.

Sec. 4. The family has the duty to care for its elderly members but the State also do so through just programs of social security.

ARTICLE XVIGENERAL PROVISIONS

Sec. 1. The flag of the Philippines shall be red, white, and blue, with a sun athree stars, as consecrated and honored by the people and recognized by law

Sec. 2. The Congress may, by law, adopt a new name for the country, a natianthem, or a national seal, which shall all be truly reflective and symbolic oideals, history, and traditions of the people. Such law shall take effect only uits ratification by the people in a national referendum.

Sec. 3. The State may not be sued without its consent.


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No member of the military shall engage, directly or indirectly, iany partisan political activity, except to vote.

(7) The tour of duty of the Chief of Staff of the armed forces shall no

exceed three years. However, in times of war or other national emergencydeclared by the Congress, the President may extend such tour of duty.

Sec. 6. The State shall establish and maintain one police force, which shall bnational in scope and civilian in character, to be administered and controllednational police commission. The authority of local executives over the policunits in their jurisdiction shall be provided by law.

Sec. 9. The State shall protect consumers from trade malpractices and from

substandard or hazardous products.

Sec. 11. (1) The ownership and management of mass media shall be limitedcitizens of the Philippines, or to corporations, cooperatives or associations,wholly-owned and managed by such citizens.

Only Filipino citizens or corporations or associations at least se

per centum of the capital of which is owned by such citizens shall be alloweengage in the advertising industry.

ARTICLE XVIIAMENDMENTS OR REVISIONS

Sec. 1. Any amendment to, or revision of, this Constitution may be propose(1) The Congress, upon a vote of 3/4 of all its Members; or(2) A constitutional convention.

Sec. 2. Amendments to this Constitution may likewise be directly proposed the people through initiative upon a petition of at least 12% of the total num


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of registered voters, of which every legislative district must be represented bleast 3% of the registered voters therein. No amendment under this section s

be authorized within five years following the ratification of this Constitutionoftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this rig

Sec. 3. The Congress may, by a vote of 2/3 of all its Members, call aconstitutional convention, or by a majority vote of all its Members, submit telectorate the question of calling such a convention.

Sec. 4. Any amendment to, or revision of, this Constitution under Section 1hereof shall be valid when ratified by a majority of the votes cast in a plebis

which shall be held not earlier than sixty days nor later than ninety days afteapproval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified majority of the votes cast in a plebiscite which shall be held not earlier thandays nor later than ninety days after the certification by the Commission onElections of the sufficiency of the petition.

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