Consti Notes - Fr. Bernas

Quick and dirty Finals reviewer for Constitutional Law I (I-A) Glenn Tuazon (2007) [Note: best viewed in Helvetica] N.B. I didn’t lock or e-protect this file on purpose, so feel free to add or amend anything. Please share; don’t be a crab! ARTICLE I: NATIONAL TERRITORY •

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What national territory comprises: o Philippine Archipelago and all islands and waters embraced within o All other territories over which the Philippines has sovereignty and jurisdiction o Territorial sea, seabed, subsoil, insular shelves, submarine areas o FOR FIRST TWO: terrestrial, aerial, fluvial domains Constitution: municipal law; will only be binding internationally if supported by other proof in international law. Military bases of the US are still part of Philippine territory, which is the reason why it could cede part of the authority over this area to the US. (Raegan v. Commissioner) Archipelagic principle o Internal waters, irrespective of breadth and dimension, are part of Philippine territory. o Straight baseline method – to delineate territorial sea o CONFLICT: Philippines considers water between islands as internal waters (no innocent passage), whereas the 1982 Convention on the Law of the Sea considers it archipelagic waters (allow innocent passage).

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES •

Philippines: Democratic and Republican State; sovereignty resides in the people o Elements of a State: (a) people, (b) territory, (c) sovereignty, (d) government o LEGAL SOVEREIGNTY: supreme power to affect legal interests by legislative, executive, or judicial action; POLITICAL SOVEREIGNTY: sum of all legal and non-legal influences which determine course of law

R Glenn T Tuazon 2007

CONSTITUENT FUNCTIONS of government are compulsory, while MINISTRANT FUNCTIONS are optional. (Bacani v. Nacoco) o DE JURE government: established by authority of legitimate sovereign; DE FACTO: in defiance of legitimate sovereign o De facto governments: (a) usurpation by force, (b) established by invading military forces, (c) secession (Co Kim Chan v. Valdez Tan Keh) o GMA government is de jure. Same with Cory government. (In re Letter of Assoc. Justice Puno) o There was no Constitution from Feb 25 to Mar 24 1986. There was no Bill of Rights, but the UDHR and ICCPR were operative. (Republic v. Sandiganbayan) o The Philippines has always had a President form of government. The Marcos government under the 1973 Constitution still had elements of a presidential government: (a) separation of powers, (b) pre-eminence of President, even over the PM. (Free Telephone Workers Union v. Minister of Labor) o Republican: all government authority emanates from the people; Democratic: has aspects like initiative and referendum Renounce war as instrument of national policy; adopt generally accepted principles of I-Law as part of the law of the land o Aggressive war is denounce, not defensive Civilian authority is supreme over Military; AFP protects the people, State sovereignty, and territorial integrity Primary duty of the Government: SERVE AND PROTECT THE PEOPLE. Citizens may be called to provide military or civil service. Separation of Church and State Freedom from nuclear weapons – and also nuclear arms tests o ALLOW nuclear energy Equally protect life of the mother and the unborn from conception. o Does NOT assert that the unborn is a legal person o Not EXACTLY same level of life as the mother, but if it can be protected, protect it o A denunciation of the Roe v. Wade principle Protect and advance the right of people to a balanced and healthful ecology o This is, surprisingly, an enforceable right. (Oposa v. Factoran) (LLDA v. CA) State shall guarantee equal access to opportunities for public service o

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NOT an enforceable right. State can limit national election candidates to those who can wage national campaigns. (Pamatong v. COMELEC)

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ARTICLE IX: CONSTITUTIONAL COMMISSIONS Common Provisions • • • • •

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Independent Cannot hold ANY OTHER OFFICE or EMPLOYMENT, business, financial contract (DIRECTLY/INDIRECTLY) Salary: fixed by law, cannot be decreased during tenure, can be increased Fiscal autonomy – appropriations regularly and automatically released o “No report, no release” is invalid (CSC v Dept of Budget) Promulgate rules EN BANC. Only limitation: cannot diminish, increase, or modify substantive rights. o Supreme Court can’t change rules but may exercise judicial review. o If in front of Commission, its rules prevail; if in front of court, the Rules of Court prevail (Aruelo v. Court of Appeals) o Congress CANNOT change rules made by CCs (Macalintal v. COMELEC) Decisions: majority of ALL MEMBERS, w/n 60 days of submission o Made by persons no longer members upon promulgation are invalid (Ambil v COMELEC) Appeal to SC w/n 30 days, unless provided otherwise by law o RA 7902 – may be appealed to CA w/n 15 days (Mathay Jr. v CSC) o COMELEC – can only elevate cases re: ELECTIVE officials (Garces v Court of Appeals)

Civil Service Commission • • •

1 chairman, 2 commissioners Natural born, at least 35 years old, proven capacity for public admin, not candidates in immediately preceding elections Appointment: 7 years; President with approval of COA, Stagger: 75-3 for first appointees; no TEMPORARY or ACTING capacity for appointees o Feb 2, 1987 as common starting point (Gaminde v. Commission on Audit) – applies to all CCs


Ordering absorption is an invalid act of appointment (Mathay Jr. v. Court of Appeals) Includes GOCCs: created by special charter, not under Corporation Code (ex. Local Water Districts under PD 198 and PAGCOR under PD 1869) o Upon privatization, ceases to fall under civil service Appointments: by merit and fitness through competitive exams. Exams waived for Policy-determining, Primarily Confidential, Highly Technical positions – but still determined by merit and fitness. o PC: close intimacy between appointer and appointee which insures freedom of intercourse without embarrassment (De los Santos v. Mallare) o NATURE of job, not description, determines if it is PD, PC, or HT (Borres v. Court of Appeals) o CSC may not disapprove appointments as long as the person is qualified. This is the ambit of the executive’s discretion (Central Bank v. CSC) o BUT if the person was already appointed, then the appointment is withdrawn: violation security of tenure. CSC may reinstate (Aquino v. CSC) o Career Civil Service: entrance based on merit and fitness, security of tenure, opportunity for advancement; o Non-career Service: entrance on bases other than usual tests merit and fitness, tenure limited by law, coterminous with appointer or subject to his pleasure, or limited to duration of purpose of appointment Suspensions – only by cause provided by law; also applies to noncompetitive positions o PC: loss of trust = expiration of term of office; not a removal violating security of tenure (Hernandez v. Villegas) same with Foreign Service officials – tenure is coterminous with appointer (Astraquillo v. Manglapus) o Transfer to another position w/o consent of employee and temporary transfers designed to lure away from permanent position: violates security of tenure (Gloria v. CA) o “Designated” officers do not have security of tenure because they are not appointed per se (Binamira v. Garrucho Jr) o No security of tenure for unqualified for office (Dimayuga v. Benedicto II) o

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Abolition of office in GOOD FAITH does not violate security of tenure; not for personal or political reasons, and not in violation of law (Briones v. Osmena) o No reorganization if there is no revision in lines of control, authority, membership, or consolidation/abolition of officers (Canonizado v. Aguirre) o President has prerogative to “inactivate” officers in the executive department (Buklod ng Kawaning EIIB v. Executive Sec.) o CSC’s sole function is to attest to qualification, not determine which appointee is better (Luego v. CSC) Cannot engage in any electioneering /partisan political campaign (but may express interests) o Does not apply to Dept. Secretaries (Santos v. Yatco) Right to self-organization o But public school teachers, policemen, firemen, etc. may not strike unless provided otherwise by law Same protection to temporary employees CSC: Central Personnel Agency of the government; adopt measures, merit and rewards system, HR development programs, personnel programs o Just as the CSC may issue certificates of eligibility, they may revoke the same. Whether it needs trial or not depends on circumstances of the case. (Lazo v. CSC) Compensation system: STANDARDIZED, but equality is NOT required No LAME DUCK APPOINTMENTS (candidates who lost in election may not be appointed to govt. or GOCCs within ONE YEAR of loss) No elective official may be appointed in any public office during his tenure. EXCEPT: VP appointed into Cabinet and Congressman appointed to JBC. o Congressmen – automatically forfeit congressional seat, but Other Elective Officials – cannot accept appointment without first RESIGNING (no forfeiture) (Flores et al. v. Drilon and Gordon) Appointed officials cannot hold any other office in govt. UNLESS PROVIDED OTHERWISE BY LAW, or as ex-officio chair by primary focus of position – ex. Sec of Finance is ex-officio chair of monetary board No public official can receive double compensation UPOBL, or accept any present/title/office from foreign government WITHOUT

CONSENT OF CONGRESS. Pensions or gratuities are not double compensation. o Additional compensation: twice for same office; double compensation: two sets of compensation for two different offices (Quimson v Ozaeta)

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Commission on Elections •

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1 chairman, 6 commissioners: natural born citizens, at least 35 years old at time of appointment, holders of college degree, not candidates for any elective position in the immediately preceding elections; MAJORITY of 7 members must be members of Bar, with at least 10 years in practice of law o Practice of law: liberally construed (Cayetano v. Monsod) o Choice of temporary chair falls in discretion of Commission, and may not be appointed by President (Brillantes Jr av Yorac) 7 years, Appointed by President with consent of COA, stagger 7(3)5(2)-3(2), Feb 2 ’87 as common starting point, no temporary appointment Enforce and administer all laws and regulations re: Election, Plebiscite, Initiative, Referendum, Recall (EPIRR) o Implicitly, may promulgate rules and regulations (Gallardo v. Tabamo Jr.) ORIGINAL jurisdiction over ERQ of regional/provincial/city officials and APPELLATE jurisdiction over ERQ of municipal/barangay officials – trial courts have original jurisdiction. APPELLATE decisions on municipal and barangay officials: FINAL AND EXECUTORY with no appeal, but certiorari is allowed. o May issue writs of certiorari, mandamus, quo warranto, and habeas corpus in its APPELLATE function. COMELEC and SC have concurrent jurisdiction over these. (Relampagos v. Cumba) o Appeal period: 5 days (Antonio v. COMELEC) o In municipal contests, even if COMELEC began hearing the case as pre-proclamation controversy, when there is proclamation, it becomes part of the RTC’s jurisdiction (Arcenas v. COMELEC) o In pre-proclamation: administrative/quasi-judicial role; in proclamation controversies: judicial

EXCLUSIVE appellate jurisdiction on municipal/barangay controversies. Laws giving appellate power to the RTC are unconstitutional (Flores v. COMELEC) o SK elections: under DILG, not COMELEC (Mercado v. Board of Election Supervisors) o Popular barangay elections, not for officers of a barangay federation (Taule v. Secretary Santos) Decide all administrative issues in elections, except those involving RIGHT TO VOTE. o Cannot transfer municipalities (Montejo v. COMELEC) o May annul an entire election based on post-election terrorism, w/c makes them unable to tell honest from fraudulent votes (Biliwang v. COMELEC) Deputize (with concurrence of President): law enforcement agencies including AFP to ensure clean/honest/orderly elections Register political parties/coalitions/organizations – must present platform. Accredit citizens’ arms of COMELEC. Disallow RELIGIOUS, VIOLENT, ANTI-CONSTITUTION, and FOREIGN GOVERNMENT-SUPPORTED organizations. May DQ parties that receive financial contributions from foreign governments. o For intra-party disputes, COMELEC may turn to Party Constitution but need not resolve root of conlict (LDP v. COMELEC) o Ban is on religious denominations and sects, not lay organizations with religious affiliations File for inclusion/exclusion of voters upon own initiative or upon petition; investigate or prosecute election offenses – may deputize fiscals, who are under COMELEC’s jurisdiction in performance of this function o When COMELEC as prosecutor files a case in the RTC, the RTC gains exclusive authority, including ordering a reinvestigation (People v. Hon. Delgado) o It is not the COMELEC’s duty to physically attain all evidence as prosecutor; the complainant has to also prove his asserted complaint (Kilosbayan v. COMELEC) o COMELEC does not necessarily have to devolve investigation to Provincial Prosecutor, but it may although it has EXCLUSIVE JURISDICTION (People v. Judge Inting) Recommend to Congress measures to minimize election spending, limitations on campaign material posting, and penalties for offenses o

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Commission on Audit •


Recommend to President removal or punishment of any officer/employee deputized for violation of election conduct Submit to President and Congress comprehensive report for each EPIRR May sit en banc or in two divisions. ALL ELECTION CASES HEARD IN DIVISION. Motions for reconsideration: en banc. o Any decision first rendered en banc is void (Soller v. COMELEC) o En banc for motions for reconsideration on DECISIONS, not dismissals (Salazar, Jr. v COMELEC) During election period, may supervise or regulate (but not confiscate) franchises and permits of transportation, public utilities, media, and other government grants. Aim to ensure equal time, space, opportunity, and fair rates for campaign o Regulatory power extends to plebiscites and referenda (Unido v. COMELEC) o Regulation must extend to assure candidates equal opportunity and access, not to prevent commentaries from being issued (Sanidad v. COMELEC) o May not compel media to allocate free services/space – tantamount to taking of property without just compensation (Philippine Press Institute v. COMELEC) Pardon, amnesty, parole, suspension of sentence for violation of election laws need to be with favorable recommendation of COMELEC Free and open party system o Registration: (1) confers juridical personality, (2) informs public of party’s existence and ideals, (3) identifies party and its officers for COMELEC regulation Votes cast for parties are invalid, except for those under the partylist system (no block voting) Political parties not represented in Registration Boards, Election Inspectors, Board of Canvassers. But they may appoint poll watchers o 1935 Constitution and 1971 Election Code: top two parties had privilege of having representatives in such bodies Election period: 90 days before e-day until 30 days after Fiscal autonomy

1 chairman, 2 commissioners

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Natural born citizens, 35 years old, CPAs with at least 10 years experience OR members of the Bar engaged in practice of law for at least 10 years, not candidates for any election immediately preceding appointment. Members should not all belong to just one profession. Appointment: 7 years without reappointment, 7-5-3 stagger, no temporary or acting capacity. Pre-audit: examine, audit, and settle all accounts of government, its subdivisions, and GOCCs with original charters o Commission not estopped from doing post-audit after preaudit (DBP v Commission on Audit) o Can only settle LIQUIDATED accounts, not unfixed or undetermined debts. (Compania General de Tabacos v. French and Unson) o May reduce submitted amounts on ground of excessiveness, disadvantaging government (Dincong v. Guingona, Jr.) Post-audit: (1) Constitutional bodies with fiscal autonomy, (2) autonomous state colleges and universities, (3) other GOCCs and subsidiaries, (4) non-governmental entities receiving subsidy/equity directly or indirectly – BUT MAY ADOPT BY LAW special or preaudit if internal control systems are inadequate. EXCLUSIVE authority to define scope of audit and examination, establish techniques, promulgate rules, including those preventing unnecessary, extravagant, or excessive (U,E,E) use of government funds. o May not prevent payment of backwages because it is not an U,E,E use of government funds (Uy v. COA) o Scope includes not just accountable officers but also other officers performing related functions (such as computers and evaluators) (Mamaril v. Domingo) o May determine if public bidding has failed to be fulfilled, e.g. only one company presented a bid (Danville Maritime v. Commission on Audit) o Only authority to promulgate rules is exclusive, so public corporations MAY employ private auditors. But COA’s accounting prevails over private accounting. (DBP v. COA) Powers, in a nut-shell: o Examine and audit all forms of government revenues o Examine and audit all forms of government expenditures o Settle government account


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o Promulgate accounting/audit rules o Decide administrative cases involving use of public funds No law may exempt any government entity from COA accounting Submit report to President and Congress

ARTICLE X: LOCAL GOVERNMENT •

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Territorial and political subdivisions: provinces, cities, municipalities, barangays o Subdivisions cannot be changed except by constitutional amendment Autonomous regions: Muslim Mindanao and Cordillera o Can only add a third one through constitutional amendment o The Cordillera Administrative Region is not the Cordillera AUTONOMOUS Region; the first one is simply an administrative division by the executive to facilitate regional development (Cordillera Board Coalition v. Comm. on Audit) Subdivisions enjoy local autonomy. o Decentralization of ADMINISTRATION: central government delegates administrative power to subdivisions to broaden power base and facilitate management of local affairs o Decentralization of POWER: abdication of political power in favor of LGUs, allowing for autonomous determination of its destiny, with minimum central government intervention (Bernas, “Brewing Storm Over Autonomy”) o DEFINITION OF AUTONOMY: LGUs have powers given by the Constitution that may not be curtailed by the national government, although LGUs may not pass ordinances contrary to statute o Legislative power of LGUs is only delegated by Congress, so LGUs cannot prevent PAGCOR from operating casinos in their local unit by virtue of PD 1869 (Magtajas v. Pryce Properties) o Specific power granted by statute (to LLDA by PD 813) prevails over general power of LGUs, so the LLDA can prevent LGUs from operating fish-pens near Laguna Lake (LLDA v. CA)

Budget officer appointed by Department Head must be among those recommended by LG head – condition sine qua non of appointing authority (San Juan v. CSC) o Commission on Audit may not reduce allowances given to judges by the LG (Dadole v. COA) 1991 Local Government Code: called for by Sec. 3 of the 1987 Constitution o 1991 LGC provides for initiative, referendum, and recall. Initiative and referendum apply not only to ordinances, but also to resolutions. (Garcia v. COMELEC) o Congress has prerogative to determine how recall elections may be best held, whether through direct action of the people or through the Preparatory Recall Assembly (PRA) (Garcia v. COMELEC) President has general supervision over local governments and has direct supervision over regions, provinces, and independent cities. o General supervision: power of superior officer to ensure lower officers perform their functions. NO SUBSTITUTION OF JUDGMENT. o Secretary of Justice, under the LGC, can only determine is local tax ordinance is constitutional, but cannot exercise power of control over such (Drilon v. Lim) o General supervision includes power to investigate and remove. Autonomy does not turn LGUs into little kingdoms. (Ganzon v. CA) Provinces supervise component cities and municipalities Cities and municipalities supervise component barangays o Secretary of Local Government may not annul results of Barangay federation officers (Taule v. Secretary Santos) LGUs have power to create its own sources of revenue and to levy taxes, fees, charges; subject to guidelines and limitations of Congress. TFCs accrue exclusively to LGs. o Exemption of PAGCOR from taxation is valid (“subject to guidelines and limitations of Congress”) (Basco v. PAGCOR) o Business taxes may not be imposed on condominium corporations, without proving contemplation of business (Yamane v. BA Lepanto Condominium) o Administrative orders cannot limit LGUs’ power to raise revenues – must issuances by CONGRESS (Philippine Petroleum Corp. v. Municipality of Pililia) Same with o

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EOs, if there is no statute allowing for EOs' exemptions (John Hay Peoples Alternative Coalition v. Lim) o LGC allows LGUs to tax instrumentalities of the national government; a company cannot rely on cases decided prior to the LGC (Batangas Power v. Batangas City) o Guidelines for local taxes: (a) taxpayers are not overburdened; (b) LGU gets fair share of available resources; (c) resources of national government are not unduly disturbed; (d) taxes are uniform, fair, and just (Manila Electric v. Province of Laguna) LGUs have just share in national taxes: AUTOMATICALLY released to them o Administrative Orders may not withhold the Internal Revenue Allotment, because it must be automatically released (Pimentel v. Aguirre) o Prohibition against withholding applies to both executive and legislative (Alternative Center v. Zamora)) LGUs entitled to equitable share in proceeds of utilization of natural resources in their respective areas o Either have direct shares from revenues or direct benefits (such as lower rates) FOUR SOURCES OF REVENUE FOR LOCAL GOVERNMENTS: o Local taxes, fees, charges o Share in national taxes o Share in proceeds of utilization of national resources in their area o Other sources of revenue in public or governmental capacity, or private or proprietary capacity Terms of local officials are three years. Barangay officials = provided by law. No more than THREE consecutive terms. o To count for term limit, official must be ELECTED. If he simply succeeded (e.g. Vice Mayor to dead Mayor), it doesn’t count. (Borja Jr. v. COMELEC) o Must be ELECTED and must FULLY SERVE the term. o Elected a third term, but abandoned office after successful election challenge by opponent. MAY run again. (Lonzanida v. COMELEC) o Lost for third term, but won in the recall election. MAY run again because third term was not fully served. (Adormeo v. COMELEC)

Completed three terms. Ran again in recall election after. MAY run, because there was an interruption. (Socrates v. COMELEC) o Municipality converted into a city. After three completed terms, mayor may not run again because there was no change in constitution. (Latasa v. COMELEC) o Local Autonomy Code: term of barangay officials is three years. No prohibition against it being three years as well. (David v. COMELEC) Sectoral representation in Legislative Bodies of LGUs, as prescribed by law o LGC: President appoints sectoral representatives – can do it through Secretary of Local Government (Supangan Jr. v. Santos) No province, city, municipality, barangay may be created, divided, merged, merged, abolished, changed of its boundary unless: (a) according to LGC criteria, (b) majority of votes cast in plebiscite of ALL AREAS AFFECTED o If barangay, affected city/municipality o If municipality/component city, affected province o If province, mother province (Tan v. COMELEC) o Enactment of the LGC is not a condition sine qua non for the creation of new LGUs; it just means that when there is one, its criteria must hold (Torralba v. Municipality of Sibagat) Special Metropolitan Subdivisions – may be created by Congress, subject to plebiscite. Component cities and municipalities RETAIN autonomy, local executives, and legislatives. METROPOLITAN AUTHORITY: merely for basic services requiring coordination. o MMDA: Development Authority for metro-wide services: (a) development planning, (b) transport and traffic management, (c) solid waste disposal and management, (d) flood control and sewerage management, (e) urban renewal, zoning, land use, (f) health and sanitation, (g) public safety o ADMINISTRATIVE, with no legislative powers or police power. (MMDA v. Bel-Air Village) o Power to confiscate drivers’ licenses – power provided to MMDA by law (MMDA v. Garin) THREE KINDS OF CITIES: o Highly urbanized cities o

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Cities with charters prohibiting voters from voting in provincial elections o Component cities First two kinds of cities do not vote in provincial elections o As corollary, candidates cannot run for the province either (Abella v. COMELEC) LGUs may group themselves to coordinate efforts – does not create a new juridical entity, and does not need enabling law Regional Development Councils: (a) LGU officials, (b) regional heads of departments/government offices, (c) NGO representatives o

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Autonomous Regions •

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Muslim Mindanao and Cordilleras – consisting of provinces, cities, municipalities, geographic areas with common (a) historical and cultural relevance, (b) economic and social structures, (c) other relevant characteristics o Not an independent nation within a nation – still within framework of Constitution and national sovereignty President has GENERAL SUPERVISION over autonomous regions What autonomous regions have no power over: national defense and security, foreign relations/trade, customs and tariff, currency/monetary affairs/banking, transport, immigration, citizenship and naturalization, auditing, among others Congress enacts Organic Act with assistance of Regional Consultative Commission – needs majority of votes cast by constituent units, with only those voting favorably being included in the autonomous region o Basic structure of government, with legislative and executive both elective and representative of constituent units o Special Courts with jurisdiction over: PERSONAL, PROPETY, and FAMILY law o Organic Acts may not be amended by general or special laws. Must always be through plebiscite. (Pandi v. CA) o It may be possible for one cluster of municipalities or barangays within one province to belong to an autonomous region while other might not o One province cannot constitute the entire autonomous region – the wording is plural (Ordillo v. COMELEC) o Tribal courts of the Cordillera Bodong Administration only have advisory and conciliatory powers, and not judicial

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powers because of the failure of the plebiscite. (Spouses Badua v. Cordillera Bodong Administration) o Even if the Organic Act of Mindanao contradicts the Tripoli Agreement, it is valid, because international law and statutes are on the same level. Whatever comes later supersedes the other. (Abbas v. COMELEC) o No need for double majority. (Abbas v. COMELEC) First Congress has to preferably pass Organic Acts within 18 months of organizations (USELESS) Organic Act: provide legislative powers over: o Administrative organization o Sources of revenue o Ancestral domain and natural resources o Personal, family, property relations o Regional, urban, rural planning development o Economic, social, tourism development o Educational policies o Preservation/development of cultural heritage o Promotion of general welfare Preservation of peace and order: local police agencies; defense and security: national government

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ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS •

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Public office is public trust – accountable to people, serve with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice, lead modest lives o Officers are agents and not rules of the people, accept office pursuant to provisions of the law, and hold office as a trust for the people (Cornejo v. Gabriel) o “Lead modest lives” – even if officer is wealthy, he must live life in a manner that doesn’t flaunt it Who may be removed by impeachment (EXCLUSIVE LIST): o President o VP o Members of Supreme Court o Members of Constitutional Commissions o Ombudsman Grounds for removal – conviction for: o Culpable violation of the Constitution o Treason o Bribery


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o Graft and Corruption o Other high crimes o Betrayal of public trust PROCEDURE: o Only House of Representatives may initiate impeachment o Verified complaint – filed by either Congressman or any citizen with endorsement of any Congressman (w/n TEN SESSION DAYS in order of business, referred to Committee on Justice w/n THREE SESSION DAYS) o Committee on Justice – submit report to house by majority vote (w/n 60 SESSION DAYS, calendared for resolution in TEN DAYS) rd o House votes – at least 1/3 to affirm or override Committee resolution; each member’s vote is recorded rd o Trial by Senate – convicts on 2/3 vote; on oath/affirmation – if President is on trial, CJ presides but does not vote o EFFECT: Removal from office only, but does not preclude criminal prosecution o No impeachment proceedings can be initiated against same official more than once in a period of ONE YEAR o “INITIATION” begins upon filing of a verified complaint and referral to the Committee on Justice. (Francisco, et al. v. House Speaker) Sandiganbayan (anti-graft court) continues to function and exercise jurisdiction o NOT a constitutional court – created by statute but recognized by the Constitution o Jurisdiction not limited to graft and corruption alone, but also other offenses committed by public officers, employees, and those in GOCCs IN RELATION TO THEIR OFFICE (Mayos Lecaroz v. Sandiganbayan) o Private individuals may be charged as co-principals, accomplices, or accessories along with public officers/employees. (Balmadrid v. Sandiganbayan) o BIR designation of a private individual as custodian does not make one a “public officer”; he is beyond Sandiganbayan’s jurisdiction (Azarcon v. Sandiganbayan) Office of the Ombudsman: o Ombudsman/Tanodbayan o Over-all deputy

Deputies for Luzon, Visayas, Mindanao, and (optional) Military o Other officials and employees – appointed through Civil Service o The Ombudsman may delegate investigation of civilian police to the military deputy (broad power) (Acop v. Ombudsman) o Ombudsman Act of 1989 allows Ombudsman to investigate any illegal act of a public official, even if NOT related to performance of functions (Deloso v. Domingo) o Claim of confidentiality cannot bar Ombudsman from investigating, except if military/diplomatic/national security (Almonte v. Velasquez) o May preventively suspend – not considered a penalty and different from functions under Sec. 13 (Buenaseda v. Flavier) Office of the Special Prosecutor – the Tanodbayan prior to 1987 Constitution: continues to exercise functions except those conferred to Ombudsman by the Constitution o The Special Prosecutor may only investigate and file cases when authorized by the Ombudsman (Zaldivar v. Sandiganbayan and Gonzales) o The Ombudsman has primary power to investigate, but it is not exclusive; may delegate it to Special Prosecutor (Natividad v. Felix) Qualifications of Ombudsman and Deputies: o Natural-born citizens of Philippines o At least 40 years old o Recognized probity and independence o Members of the Philippine Bar o Not candidates for any office in immediately preceding election o OMBUDSMAN: 10 years as judge or in practice of law Cannot hold ANY OTHER OFFICE or EMPLOYMENT, business, financial contract (DIRECTLY/INDIRECTLY) First Ombudsman and deputies: appointed by president from list of at least SIX NOMINEES prepared by the JBC; o Thereafter: THREE NOMINEES o NO CONFIRMATION by Commission on Appointments o Fill vacancies w/n THREE MONTHS o Same salary as Constitutional Commission chairman and members o

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SEVEN YEARS without reappointment Cannot run in election immediately after leaving office Ombudsman and Deputies acts promptly on complaints FILED IN ANY FORM OR MANNER against public officers o Definition of PUBLIC OFFICER: “one to whom some sovereign functions of the government has been delegated” / “executive function” implementation of policies set forth by law (includes the National Centennial Commission) (Laurel v. Desierto) o Authority includes any illegal, unjust, improper, or inefficient act of a public officer – EVEN MURDER (Deloso v. Domingo) o Even complaints sworn before notary publics and filed to provincial fiscals falls in ambit of “complaints filed in any manner” (Raro v. Sandiganbayan) POWERS OF OMBUDSMAN: o Investigate on its own, or on complaint by any person of any public official o Direct any public official to perform or expedite any act or duty required by law or to stop any abuse o Direct officer to take appropriate action against any official, and recommend sanctions o Direct officer to furnish documents of contracts and transactions, and direct irregularities to the Commission on Audit o Request any government agency for assistance in discharge of responsibility o Publicize matters covered by investigations o Determine causes of inefficiency or corruption and recommend changes o Promulgate rules of procedure and perform other functions APBL RA 6770 (OMBUDSMAN ACT) o Allowed Ombudsman to conduct preliminary investigations and directly undertake criminal prosecution. Basis is “perform other functions APBL” (Art XI, Sec 13(8)) (Camanag v. Guerrero) o Power to investigate is delegable (Honasan II v. Panel of Investigators of the DOJ) o Ombudsman may delegate fact-finding to the NBI prior to its preliminary investigation (Raro v. Sandiganbayan)

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Fiscal autonomy – appropriations automatically and regularly released Right to recover properties unlawfully acquired cannot be barred by prescription, laches, or estoppels (but crimes can prescribe) GOVERNMENT OWNED OR CONTROLLED BANKS/FINANCIAL INSTITUTIONS cannot grant loans or guaranties to: o EXEC: President, VP, Members of Cabinet o LEG: Congress o JUD: Supreme Court o Constitutional Commissions and Ombudsman o Any firm/entity where they have controlling interest ANY PUBLIC OFFICER declares net assets, liabilities, net worth upon assumption of office or when law provides SPECIAL RULE – disclose to public assets, liabilities, and net worth of: o EXEC: President, VP, Members of Cabinet o LEG: Congress o JUD: Supreme Court o Constitutional Commissions and other constitutional offices o Officers of Armed Forces with General or Flag rank Allegiance of public officers and employees: THIS constitution and the State o Punish by law those who seek to change citizenship or acquire immigrants status DURING TENURE o Applies to incumbents; for those who have attained green cards or other nationalities, the rule is for them to waives status as permanent resident of that country (Caasi v. CA and Miguel)

ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY •

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Goals of national economy: (a) equitable distribution of opportunities, income, wealth, (b) increase of wealth for the benefit of people, (c) expand productivity to raise quality of life for all Promote industrialization and full employment based on sound agricultural development o Industrialization as result of releasing through CARP capital locked up in land o No prioritization of one over the other: flexible and rational relationship


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Protect Filipino enterprises from unfair foreign competition and trade practices o The intention is NOT to protect local inefficiency State encourages private enterprises and corporations to broaden their base of ownership REGALIAN DOCTRINE – what is owned by the state: o All land of public domain o POTENTIAL SOURCES OF ENERGY: Waters, minerals, coal, petroleum, other mineral oils o NATURAL RESOURCES: Fisheries, forests, timber, wildlife, flora and fauna o No alienation of natural resources EXCEPT agricultural lands IMPERIUM: authority possessed by state, expressed in concept of sovereignty; DOMINIUM: capacity of state to own/acquire property o Jura regalia: all lands held from the Crown – transformed into State. All ownership of portion of public domain must be traced back to the state. (Lee Hong Kok v. David) o EXCEPTION: Upon arrival of colonizers, if natives can prove that a land has been held as far back as testimony or memory goes, the land is deemed never to have been public (Carino v. Insular Government) Lands of public domain become private through (a) PURCHASE or (b) GRANT, (c) if it is possessed from time-immemorial even before Spanish conquest, (d) prescription o Requirement for prescription: open, exclusive, continuous, undisputed possession for more than 30 years. Need CONCLUSIVELY proof. (San Miguel Corp. v. CA) o Must count period from time the land was public alienable land, not when it was still forest/timber land (Almeda v. CA) o Does not apply to mining claims under the Old Mining Law – it only segregates land, but does not confer ownership (Director of Lands v. Kalahi Investments) o Reclaimed land is inalienable public domain. To own it, show: (a) it was classified as alienable, (b) proof of acquisition (Republic v. Enciso) o Public Estates Authority – to sell land, must: (a) have legislative authority, and (b) follow Constitutional rules (Chavez v. PEA and AMARI) o Roppongi property in Japan – acquired through Reparations Agreement with Japan. Must not be alienated

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because it is State property for the collective benefit and enjoyment of everyone. (Laurel v. Garcia) o Aliens may not lease lands of public domain. o Aliens may lease private lands for a reasonable period. (Krivenko v. Register of Deeds) o Prohibition against aliens only in owning land. But they may own immovable or real property. (J.G. Summit v. CA) Exploration, development, utilization of natural resources may be through: (a) direct undertaking by the State, (b) co-production, (c) joint venture, (d) production-sharing o Either with FILIPINO CITIZENS or AT LEAST 60% FILIPINO-OWNED companies o THEN: may be leased to Filipino citizens and corporations; NOW: State must always be involved o MINERAL AND FOREST LANDS: May NOT be leased. Agricultural lands MAY be leased. o Agreements should not exceed 25 years, renewable for not more than 25 years as well o For water rights for irrigation, fisheries, etc. OTHER THAN DEVELOPMENT OF WATER POWER, measure and limit of grant: BENEFICIAL USE, esp. to subsistence fishermen o A company may be more than 40% foreign owned, but they lose capacity to hold lands. (J.G. Summit v. CA) Rules on waters: o In-land waters: treated like land – foreigners can’t enter o Territorial waters (12 nautical miles): foreign vessels may enter peacefully o Exclusive economic zone (EEZ) o ALL SUCH: exclusive to Filipino CITIZENS, not corporations Agreements with foreign-owned corporations in exploration, development, utilization of minerals, petroleum, mineral oils – technical or financial assistance o Entered into by President – notifies Congress of contracts w/n THIRTY DAYS of their execution o Promote use and development of local scientific and technical resources o ONLY FOR MINERAL, PETROLEUM, MINERAL OILS (La Bugal B’laan Tribal Assoc. v. DENR) o Contracts may includes managerial role for foreign corps (“service contracts”) – “technical and financial” is not


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restrictive; real standard is general welfare of the country. Management is allowed, as long as it is incidental to the financial and technical assistance agreements. (La Bugal B’laan Tribal Assoc. v. DENR) Classification of public lands: (a) agricultural, (b) forest or timber, (c) mineral lands, (d) national parks o Agricultural lands may be further classified by law o Only agricultural lands may be alienated o Private corporations may only lease public lands for period not more than 25 years, renewable by 25 years – up to 1000 hectares o Private corporations may only acquire PRIVATE land o Citizens: may acquire (up to 12 hectares) or lease (not more than 500 hectares) public land Limits in size of public land allowed to be held – set by Congress, based on (a) conservation, (b) ecology and development, (c) agrarian reform EXECUTIVE classifies lands, as delegated by CA 141 o Need executive classification – no “automatic” reclassification upon change in nature of the land (Director of Lands v. Judge Aquino) o No mixed classifications (Republic v. CA) o If a person discovers minerals in his agricultural land, State may reclassify the land as mineral land, take over its ownership, and compensate the owner (Id.) o Mangrove swamps are forest, not agricultural lands (Director of Forestry v. Villareal) For Forest Lands and National Parks: Congress determines by law the limits for conservation– cannot be increase or diminish boundaries, except by law Protect rights of indigenous cultural communities to Ancestral Lands – subject to Constitution and national development policies o May allow customary law on property rights to determine ownership and extend of ancestral domain o Ancestral domain – all-encompassing concept of all areas and natural resources used for subsistence and traditional activities, and not necessarily occupied o Ancestral lands – occupies, possessed, and utilized by communities under individual or group ownership o IPRA: constitutional because (a) land is not public, it was held since immemorial by the indigenous tribes, (b) right over natural resources is not ownership, but exploration to

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ensure protection, (c) priority right, not exclusive right (DISSENT: abdication of ownership of the State of natural resources) (Cruz v. Executive Secretary) Use of property: has social function; must be for common good o Right to own and operate economic enterprises: subject to (a) duty of state to promote distributive justice and (b) intervention when common good demands it o Cooperatives are subject to duty of state to intervene when the common good demands it (La Union Electric Cooperative v. Judge Yaranon) Private lands may be conveyed to: Filipino citizens, Corporations w/ more than 60% Filipino ownership, Aliens (ONLY FOR HEREDITARY SUCCESSION), Natural born Filipino citizen who lost citizenship (may be transferee) o Aliens may have usufructuary rights over land (Ramirez v. Vda. de Ramirez) o Obiter dictum: “succession” must be intestate, not testamentary (Id.) o If one spouse is an alien, and the other Filipino, the property is not conjugal – it is wholly owned by the Filipino (Cheesman v. Intermediate Appellate Court) o Under 1935 Constitution, Americans and American corporations had same rights as Filipino citizens, and may acquire lands. (Moss v. Director of Lands) o Initially, Filipino vendor cannot recover land invalidly sold to an American because they are in pari delicto. (Rellosa v. Gaw Chee Hun) But in a subsequent case, pari delicto does not apply when the original parties are dead, or when it enhances public policy of preserving lands for Filipino ownership. (Philippine Banking Corporation v. Lui She) o If an alien who invalidly acquired land sells it to Filipino citizen, the flaw is cured and title of transferee is valid. (Halili v. CA) o An alien cannot claim compensation for losing land he or she was not capacitated to hold in the first place. (Frenzel v. Catito) o RA 8179: Rule on Natural Born Citizens who lost citizenship: May own up to 5,000 sq. meters of urban land or up to 3 hectares of rural land – may own up to 2 lands as long as they don’t exceed maximum

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Independent economic planning agency: headed by President and recommends to Congress programs for national development (NEDA) – consult with public agencies, private sectors, LGUs FILIPINIZATION – reserve certain areas of investment for Filipino citizens of Corporations w/ at least 60% Filipino ownership o Done by Congress, with recommendation of NEDA, when national policy calls for it o UNNECESSARY PROVISION. Jurisprudence already provides that Filipinization may be done without violating the Equal Protection Clause (Ichong v. Hernandez) o Different from nationalization – ownership reserved to the State Grant of rights, privileges, concessions to national economy/patrimony – favor qualified Filipinos o Ruled as self-executory – a mandatory, positive command that needs no further implementing laws for its enforcement (Manila Prince Hotel v. GSIS) o SC upheld Constitutionality of GATT, w/c places aliens and Filipinos in equal footing. Claimed that above provision only applies to national economy and patrimony (WEIRD: trade does); and that Congress may balance provisions in Constitution (WEIRD: even if the provision is supposedly mandatory) – may be a way to distance self from Manila Prince decision (Tanada v. Angara) Franchises to OPERATE public utilities: only to Filipino citizens and 60% Filipino owned corporations – (a) non-exclusive (b) FIFTY years maximum o Subject to impairment of Congress for common good o Foreign investors: limited to proportionate share in capital o Managing officers: must all be Filipino citizens o Definition of “public utility”: utility corporation that renders service to the public for compensation – ESSENTIAL FEATURE: open to an indefinite public (Iloilo Ice and Cold Storage Co. v. Public Utility Board) o A shipyard is a public utility, under CA 146. (J.G. Summit Holdings v. CA) o Foreigners may completely own public utilities, but Filipinos must operate it (e.g. LRT) (Tatad v. Garcia) o Power to issue franchises is legislative, but MAY BE DELEGATED. (Associated Communications v. NTC0 General stuff:

Preferential use of Filipino labor, materials, goods – make them competitive o Trade policy – serve general welfare and arrangements of exchange on equality and reciprocity o Promote manpower – scientists, entrepreneurs, professionals, managers, etc. o Practice of all professions in Philippines – limited to citizens UPOBL o Promote viability and growth of coops for social justice/development Formation of corporations – only through General Law (Corporation Code), while GOCCs – formed through special charters o Presidential Decrees cannot dissolve and create a private company (National Development Co. and New Agrix v. Philippine Veterans Bank) NATIONAL EMERGENCY: State may temporarily take over privately owned public utilities and businesses affected with public interest o President can only authorized take over when Congress gives her emergency powers (David v. Ermita) o Primary consideration: PUBLIC INTEREST. No need for just compensation for temporary takeovers, but needed for permanent takeovers (Agan, Jr. v. PIATCO) NATIONALIZATION: for public interest, upon just compensation, transfer to government ownership and operation VITAL industries o The government may compel a public utility to render service in public interest – as long as there is just compensation (Republic v. PLDT) o “Public interest”: exercise of police power, for national welfare. For the provision on NATIONAL EMERGENCY, “public interest”: companies with characteristics of utilities ON MONOPOLIES: regulate or prohibit, when public interest requires o Cannot restrain trade or allow unfair competition o State should encourage market economy (Energy Regulatory Board v. CA) o Definition of monopoly: only one seller/producer/service provider, with no alternatives o Constitution DOES NOT ABSOLUTELY PROHIBIT monopolies, they may only be regulated – as long as no restraint of competition from new players (Eastern Assurance v. LTFRB) o

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CENTRAL MONETARY AUTHORITY: provide policy direction in money, banking, credit; supervise and regulate (APBL) operations of banks o Members are all natural-born Filipino citizens o Of known probity, integrity, patriotism o Majority: private sector o Subject to qualifications and disqualifications by law o UNTIL PROVIDED OTHERWISE: Central Bank performs these FOREIGN LOANS: only according to law and with concurrence of Monetary Board Circumventions: subject to criminal and civil sanctions

ARTICLE XVI: GENERAL PROVISIONS • •

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Philippine flag: may only be changed by Constitutional Amendment New name for country, national anthem, national seal o Must be reflective and symbolic of ideals, history, traditions o CONGRESS enacts law, and PEOPLE ratify by NATIONAL REFERENDUM The state may not be sued without its consent o WHY? Theoretical – there is no legal right against that which makes the law on which the right depends (Kawananakoa v. Polyblank); Sacrifice individual rights for “higher right” of government immunity, and they cannot sue themselves, as a republic (Metran v. Paredes) o WHY? Practical – loss of governmental efficiency; loss of time and energy (Providence Washington Insurance Co. v. Philippines) o When a suit is against the State:  Republic is sued by name  Suit against unincorporated government agency  Suit is against government officer, but ultimate liability is government’s o Public officials may be personally accountable for acts ultra vires (outside of duty) or those done in bad faith (Chavez v. Sandiganbayan) – but there is presumption of good faith and regularity (Farolan v. Solmac Marketing Corp.)

Test of liability of municipality is whether constituent is performing governmental (not liable) or proprietary (liable) function (Municipality of San Fernando v. Judge Firme) o When state can be sued:  EXPRESSLY  IMPLIEDLY – (a) state enters into private contract, unless incidental to governmental function (Syquia v. Almeda-Lopez); (b) state enters business operation, unless incidental to governmental function (Mobil Philippines v. Customs Arrastre Service); (c) when state sues a private party (Froilan v. Pan Oriental Shipping) o Entry into propriety contracts waives immunity (Traders Royal Bank v. Intermediate Appellate Court) o Immunity applies to foreign states as well – sovereign equality of states; submission to jurisdiction of foreign state must be clear and unequivocal (Republic of Indonesia v. Vinzon) REPARATIONS AGAINST THE STATE: o There can be no disbursement of reparations without Congress appropriating the amount (PHILROCK v. Board of Liquidators) o File money claims instead to Commission on Audit, which shall decide within 60 days o For property unlawfully taken by State by unauthorized act of public officer – if it can be restored, damages against the public officer (Festejo v. Fernando); if it cannot be restored, court will decide Armed Forces of the Philippines – composed of citizen armed force given military training, APBL. Keep regular force if necessary. MILITARY provisions: o Oath/affirmation to uphold/defend Constitution o State – strengthen patriotism, nationalism, respect for rights o Primary concern – professionalism and adequate remuneration; isolate from partisan politics – except voting o CANNOT BE APPOINTED TO ANY civilian position in Government or GOCCs o Laws on retirement on military service: cannot allow for extension o

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Recruit proportionately from all provinces and cities, as far as practicable o CHIEF OF STAFF: tour of duty can’t exceed THREE YEARS. President may extend in times of war or national emergency.  May allow to finish tour of duty even beyond compulsory retirement date, if COS. ONE Police Force: national in scope and civilian o Controlled by National Police Commission o Law provides authority of local executives over police units o Philippine Constabulary was phased out. o PNP falls under Civil Service, because it’s civilian. (Mendoza v. PNP) WAR VETERANS, surviving spouses, and orphans – given due care, assistance, DUE (not preferential) consideration for disposition of agricultural lands Upgrade pensions and benefits from time to time of all employees (government and private) Develop full Filipino capability and structures re: communication for balanced flow of information; policy reflects freedom or speech and of the press o State has used this provision to require interconnection from PLDT for public good (PLDT v. NTC) MASS MEDIA OWNERSHIP: Filipino Citizens and Corporations (100% owned) ADVERTISING INDUSTRY: Filipino Citizens and Corporations (70% owned) o Participation of foreign investor limited to share o All managing/executive officers must be Filipinos Congress – may create consultative body to advise President on IPs; majority must come from IP communities o

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ARTICLE XVII: AMENDMENTS OR REVISIONS •

Propose AMENDMENTS or REVISIONS: th o 3/4 of members of Congress o Constitutional Convention o RATIFICATION: majority of votes in plebiscite (60-90 days from approval of provision) o Whether to have amendments or revisions by Congress or Constitutional Convention is up to complete discretion of Congress. (Gonzales v. COMELEC)

But the METHOD of calling it (numbers, etc.) is up for judicial review, such as whether it met required number of votes, or whether is was submitted properly to the people. (Tolentino v. COMELEC) o Congress as Con-Ass or Con-Con determines when the plebiscite is held and all other details; if they do not, Congress as ordinary legislative body does. (Imbong v. COMELEC) o Money of Constitutional Convention: only through appropriations by Congress. Once they get it, they are free to spend it. o Under martial law and in the absence of a legislative assembly, the President may propose amendments to the Constitution, especially when validated in referenda. (Sanidad v. COMELEC) Propose AMENDMENTS ONLY: o Petition of 12% of all registered voters (with 3% of every legislative district represented) o Once every five years only o Congress provides for implementation of the right o RATIFICATION: majority of votes in plebiscite (60-90 days from COMELEC certification of the petition) o NOT SELF EXECUTORY. The Initiative and Referendum law does not have a complete provision on Constitutional amendments, so it still cannot be done. (Santiago v. COMELEC) Calling a CONSTITUTIONAL CONVENTION: rd o By 2/3 vote of all members of Congress o Or by majority: submit to electorate question of calling CC Philippine Constitution is RIGID – cannot be changed by ordinary legislation Legal sovereignty is on PEOPLE – need direct act of people to change Constitution Constituent power: (a) formulate/amend/revise/ratify Constitution; (b) SPECIAL POWER exercised by Congress (conferred by Constitution) and the people by initiative and referendum; (c) does not need approval of Chief Executive Legislative power: (a) pass/repeal/amend ordinary laws and statutes; (b) ORDINARY POWER exercised by Congress and the people through initiative and referendum; (c) needs approval of Chief Executive o

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Amendment – alteration of one of a few specific and isolated provisions in the Constitution Revision – re-examination of the entire document or a cluster of provisions, contemplating structural change Revolution – changing the Constitution with disregard to provisions, since people are the ultimate legal sovereign (1973 and Freedom Constitutions) Steps in amendment/revision: (a) proposal (b) submission (c) ratification o For Congress, nothing is said if both houses vote separately or together th o Bernas – one house votes separately (3/4 ), then passes to other house OR draft together, but vote separately o Submission is ideally in a special election to maximize attention of the electorate, but it may be done alongside a general election nonetheless. (Gonzales v. COMELEC) o Individual amendments in a revision may not be separately submitted to the people, who will have no frame of reference to base their judgment on the amendment. (Tolentino v. COMELEC) o No need for presidential proclamation for ratified amendments to take effect, unless provided by the amendment. o ESSENTIAL REQUIREMENTS of a valid ratification: (a) conducted under election law, (b) supervised by the independent COMELEC, (c) only franchised voters take part (Javellana v. Executive Secretary) ONLY limit to what cannot be changed in the Constitution are jus cogens, or peremptory norms in International Law

ARTICLE XVIII: TRANSITORY PROVISIONS • •

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All existing Executive issuances upon ratification of the Constitution are valid until repealed or amended. Those separated from jobs after reorganization under Proclamation No. 3: o Entitled to separation pay, or o Retirement benefits, or o May be reemployed in another government office Private armies and armed groups not recognized or consistent with the Constitution – dismantled

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After bases agreement of 1991: to renew agreement between the Philippines and US regarding: (a) troops, (b) bases, (c) facilities: o Need a TREATY concurred to by Senate o Ratified by majority vote of people – IF CONGRESS REQUIRES IT o Recognized as a treaty by the other State – BOUND TO ACCEPT DECLARATION OF OTHER STATE AS TRUE o VFA: Needed ratification of Senate because the provision does not just mention bases, but also TROOPS. (Bayan v. Executive Secretary) o Only American forces. For ill-gotten wealth: o Sequestration – place under PCGG’s control said property o Freeze Order – owner cannot transfer/convey/encumber the property o Provisional Takeover – take over not only physical possession, but also its operation (only allowed with regard to business enterprises taken over by Marcos/cronies) (BASECO v. PCGG) o Warrant: issued by judge and needs probable cause only; Sequestration/free order: issued by administrative authority, but needs prima facie evidence Effectivity of Constitution: Feb 2 1987 (when votes were cast) and not Feb 11 1987 (upon proclamation) (De Leon v. Esguerra)


Consti Notes - Fr. Bernas

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