Constitutional Law 2: Manguera

FRATERNAL ORDER OF UTOPIA
ATENEO DE MANILA UNIVERSITY

SCHOOL OF LAW
Atty. ARIS S. MANGUERA

MANGUERA OUTLINE 2011
CONSTITUTIONAL LAW I
PART 2
VERSION 4.0
Article IX
CONSTITUTIONAL COMMISSIONS
I. COMMON PROVISIONS (Article IX-A)
II. CIVIL SERVICE COMMISSION (Article IX-B)
III. COMMISSION ON ELECTIONS (Article IX-C)
IV. COMMISSION ON AUDIT(Article IX-D)
I. Common Provisions
Independent Constitutional Commissions
Safeguads Insuing Independen!e
In"i#itions on t"e Mem#es of t"e Commissions
Rotational S!"eme
Reappointment
Po!eedings
Enfo!ement of De!isions
Section 1. The Constitutional Commissions, which
shall be independent, are the Civil ervice
Commission, the Commission on !lections, and
the Commission on Audit.
Section 2. "o member o# a Constitutional
Commission shall, durin$ his tenure, hold an% other
o##ice or emplo%ment. "either shall he en$a$e in the
practice o# an% pro#ession or in the active
mana$ement or control o# an% business which, in an%
wa%, ma% be a##ected b% the #unctions o# his o##ice,
nor shall he be #inanciall% interested, directl% or
indirectl%, in an% contract with, or in an% #ranchise or
privile$e $ranted b% the &overnment, an% o# its
subdivisions, a$encies, or instrumentalities, includin$
$overnment-owned or controlled corporations or their
subsidiaries.
Section. 3. The salar% o# the Chairman and the
Commissioners shall be #i'ed b% law and shall not be
decreased durin$ their tenure.
Section 4. The Constitutional Commissions shall
appoint their o##icials and emplo%ees in accordance
with law.
Section 5. The Commission shall en(o% #iscal
autonom%. Their approved annual appropriations
shall be automaticall% and re$ularl% released.
Section 6. !ach Commission en banc ma%
promul$ate its own rules concernin$ pleadin$s and
practice be#ore it or be#ore an% o# its o##ices. uch
rules, however, shall not diminish, increase, or
modi#% substantive ri$hts.
Section . !ach Commission shall decide b% a
ma(orit% vote o# all its )embers, an% case or matter
brou$ht be#ore it within si't% da%s #rom the date o# its
submission #or decision or resolution. A case or
matter is deemed submitted #or decision or resolution
upon the #ilin$ o# the last pleadin$, brie#, or
memorandum re*uired b% the rules o# the
Commission or b% the Commission itsel#. +nless
otherwise provided b% this Constitution or b% law, an%
decision, order, or rulin$ o# each Commission ma%
be brou$ht to the upreme Court on certiorari b% the
a$$rieved part% within thirt% da%s #rom receipt o# a
cop% thereo#.
Section !. !ach Commission shall per#orm such
other #unctions as ma% be provided b% law.
A. In"e#en"ent Constit$tion%l Commissions
The independent constitutional commissions are
the,
-. Civil ervice Commission
.. Commission on !lections
/. Commission on Audit
&' 0h% have these commissions been made
constitutional commissions1
A' The CC, C2A and C2)!3!C per#orm 4e%
#unctions in the $overnment. In or"er to #rotect
t(eir inte)rit*, the% have been made constitutional
bodies.
-
+. S%,e)$%r"s Ins$rin) t(e In"e#en"ence o, t(e
Commissions
2
1. The% are constitutionall% created5 the% ma% not
be abolished b% statute. (Art. IX-A, 6-)
2. !ach is e'pressl% described as 7independent.8
(Art. IX-A, 6-)
3. !ach is con#erred certain powers and #unctions
which cannot be reduced b% statute. (Art. IX-B,
C and D)
4. The Chairmen and members cannot be
removed e'cept b% impeachment. (Art. XI, 6.)
1
Bernas Primer at 367 (2006 ed.)
2
Cruz, Philippine Political a!, p. 27" (1##$ ed).
I sweat, I bleed, I soar
Service, Sacrifice, Excellence
-
SCHOOL OF LAW

$. The Chairmen and members are $iven #airl%
lon$ term o# o##ice o# 9 %ears. (Art. IX-B, C and
6-(.))
6. The terms o# o##ice o# the chairmen and
members o# all the commissioners are
sta$$ered in such a wa% as to lessen the
opportunit% #or appointment o# the ma(orit% o#
the bod% b% the same :resident. (Art. IX-B, C
and 6-(.))
7. The chairmen and members ma% not be
reappointed or appointed in an actin$
capacit%.
/
(Art. IX-B, C and 6-(.))
". The salaries o# the chairman and members are
relativel% hi$h and ma% not be decreased
durin$ continuance in o##ice. (Art. IX-A, 6/5 Art.
X;III, 6-9 )
#. The Commissions en(o% ,isc%l %$tonom*.
(Art. IX-A, 6<)
10. !ach Commission ma% promul$ate its own
procedural rules, provided the% do not
diminish, increase or modi#% substantive ri$hts.
(Art. IX-A, 6=)
11. The chairmen and members are sub(ect to
certain dis*uali#ications calculated to
stren$then their inte$rit%. (Art. IX-A, 6=)
12. The Commissions ma% appoint their own
o##icials and emplo%ees in accordance with
Civil ervice 3aw. (Art. IX-A, 6=)
&' There are independent o##ices speci#icall%
authori>ed b% the Constitution to appoint their
o##icials. Does this impl% that their appointment will
not be sub(ect to Civil ervice 3aw and ?ules1
A' "o. i# this were the case, these independent
bodies would arro$ate upon themselves a power
that properl% belon$s to the Civil ervice
Commission. @ad the intention o# the #ramers o#
the Constitution been to isolate and $rant #ull
independence to Constitutional Commission in the
matter o# appointments, it would have been so
provided. But that is not the case. And since all
matters pertainin$ to appointments are within the
realm o# e'pertise o# the CC, all laws, rules and
re$ulations it issues on appointments must be
complied with. (2mbudsman v. CC, Aebruar% -B,
.CC<)
C. In(i-itions./is0$%li,ic%tions (ection .)
)embers o# constitutional commissions,
1. hall not, duing tenue, hold an% other o##ice
or emplo%ment5
3
%n &ati'a( ). Benipa*o, the +C said that !hen an ad interim
appointment (o, the Chairman o, C-&..C) is not con,irmed (as it
!as '*/passed, or that there !as no ample time ,or the Commission
on 0ppointments to pass upon the same), another ad interim
appointment ma* 'e e1tended to the appointee !ithout )iolatin( the
Constitution.
2. hall not en$a$e in the pa!ti!e of an$
pofession5
3. hall not en$a$e in the a!ti%e management
o !ontol o# an% business which in an% wa%
ma% be a##ected b% the #unctions o# his o##ice.
4. hall not be finan!iall$ inteested, directl% or
indirectl%, in an% contract with, or in an%
#ranchise or privile$e $ranted b% the
&overnment, an% o# its subdivisions, a$encies
or instrumentalities, includin$ $overnment-
owned or controlled corporation or their
subsidiaries.
P$r#ose o, /is0$%li,ic%tions. To compel the
chairmen and members o# the Constitutional
Commissions to devote their #ull attention to the
dischar$e o# their duties and, as well, to remove
#rom them an% temptation to ta4e advanta$e o#
their o##icial positions #or sel#ish purposes.
=
1Pr%ctice o, #ro,ession2 #or the purpose o#
ection /, does not include teachin$. Thus, a
law%er who teaches law does not thereb%, #or the
purpose o# ection ., violate the prohibition o#
practice o# a pro#ession. (I ?!C2?D <==-<<<, <<D-
<<E)
Pro(i-ition o, 1%ctive m%n%)ement2 does not
prohibit a Commissioner #rom ownin$ business but
it prohibits him #rom bein$ the mana$in$ o##icer or a
member o# the $overnin$ board o# a business,
7which in an% wa% ma% be a##ected b% the #unctions
o# his o##ice,8 a *uali#%in$ phrase which does not
appl% to the prohibition o# a practice o# a
pro#ession. (I ?!C2?D <<.-<<E)
/. 3ot%tion%l Sc(eme o, A##ointments (-EEE Bar F)
(ection -(.) o# Article IX-B, C and D.)
The #irst appointees shall serve 9, < and / %ears
respectivel%.
3e%son ,or St%))erin) o, Terms'
-. To lessen the opportunit% o# the :resident
to appoint a ma(orit% o# the bod% durin$
his term5
.. To ensure continuance o# the bod%, which
alwa%s retains .G/ o# its membership.
3. The s%stem is e'pected to stabili>e the
policies o# the bod% as maintained b% the
remainin$ members.
<
&aminde %. COA' De!em#e ()' *+++. It was held
that in order to preserve the periodic succession
mandated b% the Constitution, the rotational plan
re*uires two conditions,
4
Cruz, Philippine Political a!, p. 2"0 (1##$ ed).
$
Cruz, Philippine Political a!, p. 2"# (1##$ ed).
.
SCHOOL OF LAW

1. The terms o# the #irst commissioners
should start on a common date (4e- 25
16!)5 and
.. An% vacanc% due to death, resi$nation or
disabilit% be#ore the e'piration o# the term
should onl% be #illed #or the une'pired
balance o# the term.
7. Procee"in)s
1. /ecision
There is no decision until the dra#t is si$ned and
promul$ated. @ence, i# a commissioner si$ns a
decision but retires be#ore the decision is
promul$ated, his vote does not count even i# it was
he who penned the decision. (Ambil v. C2)!3!C,
2ctober .<, .CC<)
2. 8(o m%9es t(e "ecision
The decisions are made b% the bod% and not b%
individual members. "o individual member ma%
ma4e a decision #or the Commission. )uch less
ma% cases be decided b% subordinates o# the
Commission. "ot even the CommissionHs le$al
counsel ma% ma4e a decision #ro the Commission.
3. !ach Commission shall decide -* % m%:orit*
vote of all its Mem#es an% case or matter
brou$ht be#ore it within si't% da%s #rom the date o#
its submission #or decision. (Article IX-A ection 9)
The provision is clear that what is re*uired is
the ma(orit% vote o# all the members, not onl%
o# those who participated in the deliberations
and voted thereon. (!strella v. C2)!3!C,
)a% .9, .CC=)
(Article IX-B, ection . allows the C2)!3!C
to ma4e decisions in divisions) In the
C2)!3!C, there is #ull Commission to #orm a
banc i# there are #our Commissioners le#t.
&' Two commissioners who participated in the
consideration o# the case retired be#ore the
promul$ation o# the C2)!3!C decision but
a#ter the% cast their vote. Aour commissioners
were le#t. hould the votes o# the retirees be
counted1
A' "o. Their vote should be automaticall%
withdrawn. There is no decision until it is
promul$ated.
&' Is the /-- vote o# the remainin$
commissioners a valid decision en banc.
A' The vote o# / is a ma(orit% vote o# all.
(Duma%as v. C2)!3!C, April .C, .CC-)
4. Unless ot(er;ise #rovi"e" -* t(is
Constit$tion or -* l%;, an% decision, order, or
rulin$ o# each Commission ma% be brou$ht to the
upreme Court on certiorari b% the a$$rieved part%
within /C da%s #ro the receipt thereo#. (Article IX-A
ection 9)
The certiorari re#erred to is a s#eci%l civil
%ction ,or certior%ri under ?ule B<. (Dario v.
)ison)
The certiorari (urisdiction o# the upreme Court
is limited to decision rendered in actions or
proceedin$s ta4en co$ni>ance o# b% the
Commissions in the e'ercise o# their
ad(udicator% or *uasi-(udicial powers.
(It does not re#er to purel% e'ecutive powers
such as those which relate to the C2)!3!CHs
appointin$ power. @ence, *uestions arisin$
#rom the award o# a contract #or the
construction o# votin$ booths can be brou$ht
be#ore a trial court. imilarl%, actions ta4en b%
the C2)!3!C as prosecutor come under the
(urisdiction o# the trial court which has ac*uired
(urisdiction over the criminal case.)
&' <o; %re "ecisions o, t(e commissions
revie;e" -* t(e SC=
Commission on A$"it' Iud$ments or #inal
orders o# the Commission on Audit ma% be
brou$ht b% an a$$rieved part% to the upreme
Court on certiorari under ?ule B<.
2nl% when C2A acts without or e'cess in
(urisdiction, or with $rave abuse o# discretion
amountin$ to lac4 or e'cess o# (urisdiction,
ma% the C entertain a petition #or certiorari
under ?ule B<.
Civil Service Commission' In the case o#
decisions o# the CC, Administrative Circular
--E<
B
which too4 e##ect on Iune -, -EE<,
provides that #inal resolutions o# the CC shall
be appealable b% certiorari to the CA within -<
da%s #rom receipt o# a cop% thereo#. Arom the
decision o# the CA, the part% adversel%
a##ected thereb% shall #ile a petition #or review
on certiorari under 3$le 45 o# the ?ules o#
Court.
&' 0hen certiorari to the upreme Court is
chosen, what is re*uired1
A' ?ule B<, ection - sa%s that certiorari ma%
be resorted to when there is no other plain or
speed% and ade*uate remed%. But
reconsideration is a speed% and ade*uate
remed%. @ence, a case ma% be brou$ht to the
upreme Court onl% a#ter reconsideration.
(As a conse*uence, in the case o# decisions o#
the C2)!3!C, onl% decision en banc ma% be
brou$ht to the Court b% certiorari since Article
IX-C, / sa%s that motions #or reconsideration
o# decisions shall be decided b% the
Commission en banc. (?e%es v. ?TC, -EE<)
6
Pursuant to 20 7#02.
/
SCHOOL OF LAW

4. 7n,orcement o, /ecisions
The #inal decisions o# the Civil ervice Commission
are en#orceable b% a ;rit o, e>ec$tion that the
Civil ervice Commission ma% itsel# issue. (;ital-
&o>on v. CA, .-. C?A ./<)
?. 4isc%l A$tonom*
Article IX-A, ection < $ives the constitutional
commissions #iscal autonom%, that is, their
approved annual appropriations shall be
automaticall% and re$ularl% released and shall not
be sub(ect to pre-audit.
9
4isc%l A$tonom*. In Ci%il Se%i!e Commission
%. D,M' -ul$ **' *++.' the C said that the 7no
report, no release8 polic% ma% not be validl%
en#orced a$ainst o##ices vested with #iscal
autonom%, without violatin$ ection < o# Article IX-
A o# the Constitution. The 7automatic release8 o#
approved annual appropriations to petitioner, a
constitutional commission vested with #iscal
autonom% should thus be construed to mean that
no condition to #und releases to it ma% be imposed.
'''
@owever, petitionerHs claim that its bud$et ma% not
be reduced b% Con$ress below the amount
appropriated #or the previous %ear, as in the case
o# the Iudiciar%, must be re(ected. The provisions in
ection /, Article ;III, prohibitin$ the reduction in
the appropriation #or the Iudiciar% below the
amount appropriated #or the previous %ear does not
appear in ection <, Article IX-A. The plain
implication o# this omission is that Con$ress is not
prohibited #rom reducin$ the appropriations o#
Constitutional Commissions below the amount
appropriated #or them #or the previous %ear.
Note' The upreme Court said that the
Commission on @uman ?i$hts, unli4e the three
constitutional commissions, does not en(o% #iscal
autonom%. (C@? !mplo%ees Association v. C@?,
"ovember .<, .CC=).
<. Po;er to Prom$l)%te 3$les o, Proce"$re
Article IX-A, ection B $ives the constitutional
commissions authorit%, sittin$ en, to promul$ate
rules o# procedure.
&' In case o# con#lict between a rule o# procedure
promul$ated b% a Commission and a ?ule o# Court,
which prevails1
A' In case o# con#lict between a rule o# procedure
promul$ated b% a Commission and a ?ule o# Court,
the rule o# the Commission should prevail i# the
proceedin$ is be#ore the Commission5 but i# the
7
Bernas Commentar*, p 1003(2003 ed).
proceedin$ is be#ore a court, the ?ules o# Court
prevail. (Aruelo Ir. v. CA, 2ctober .C, -EE/)
&' )a% the upreme Court disapprove internal
rules promul$ated b% the Commissions1
A' The upreme Court has no power to disapprove
Commission rules e'cept throu$h the e'ercise o#
the power o# 7(udicial review8 when such
Commission rules violate the Constitution.
D
&' )a% Con$ress assume power to review rules
promul$ated b% the Commission1
A' "o. (B% vestin$ itsel# with the powers to
approve, review, amend, and revise the
Implementin$ ?ules #or the 2verseas Absentee
;otin$ Act o# .CC/, Con$ress acted be%ond the
scope o# its constitutional authorit%. Con$ress
trampled upon the constitutional mandate o#
independence o# the C2)!3!C.) ()acalintal v.
C2)!3!C, Iul% -C, .CC/)
I# the rules promul$ated b% a Commission are
inconsistent with a statute, the statute prevails.
(Antonio v. C2)!3!C, eptember .., -EEE)
II. Civil Service Commission
Composition of CSC
/un!tions0 O#1e!ti%e of CSC
Natue of t"e Po2es of CSC
3ualifi!ations of CSC Commissiones
Appointment of CSC Commissiones
S!ope of Ci%il Se%i!e
Classifi!ation of Positions
Classes of Se%i!e
Dis4ualifi!ations
Se!uit$ of Tenue
Patisan Politi!al A!ti%it$
Rig"t to Self5ogani6ation
Pote!tion to Tempoa$ Emplo$ees
Standadi6ation of Compensation
Dou#le Compensation
Section 1. (-) The civil service shall be administered
b% the Civil ervice Commission composed o# a
Chairman and two Commissioners who shall be
natural-born citi>ens o# the :hilippines and, at the
time o# their appointment, at least thirt%-#ive %ears o#
a$e, with proven capacit% #or public administration,
and must not have been candidates #or an% elective
position in the elections immediatel% precedin$ their
appointment.
(.) The Chairman and the Commissioners shall be
appointed b% the :resident with the consent o# the
Commission on Appointments #or a term o# seven
%ears without reappointment. 2# those #irst
appointed, the Chairman shall hold o##ice #or seven
%ears, a Commissioner #or #ive %ears, and another
Commissioner #or three %ears, without
reappointment. Appointment to an% vacanc% shall be
onl% #or the une'pired term o# the predecessor. In no
"
=
SCHOOL OF LAW

case shall an% )ember be appointed or desi$nated
in a temporar% or actin$ capacit%.
Section 2. (-) The civil service embraces all
branches, subdivisions, instrumentalities, and
a$encies o# the &overnment, includin$ $overnment-
owned or controlled corporations with ori$inal
charters.
(.) Appointments in the civil service shall be made
onl% accordin$ to merit and #itness to be determined,
as #ar as practicable, and, e'cept to positions which
are polic%-determinin$, primaril% con#idential, or
hi$hl% technical, b% competitive e'amination.
(/) "o o##icer or emplo%ee o# the civil service shall be
removed or suspended e'cept #or cause provided b%
law.
(=) "o o##icer or emplo%ee in the civil service shall
en$a$e, directl% or indirectl%, in an% electioneerin$ or
partisan political campai$n.
(<) The ri$ht to sel#-or$ani>ation shall not be denied
to $overnment emplo%ees.
(B) Temporar% emplo%ees o# the &overnment shall
be $iven such protection as ma% be provided b% law.
Section 3. The Civil ervice Commission, as the
central personnel a$enc% o# the &overnment, shall
establish a career service and adopt measures to
promote morale, e##icienc%, inte$rit%, responsiveness,
pro$ressiveness, and courtes% in the civil service. It
shall stren$then the merit and rewards s%stem,
inte$rate all human resources development
pro$rams #or all levels and ran4s, and institutionali>e
a mana$ement climate conducive to public
accountabilit%. It shall submit to the :resident and
the Con$ress an annual report on its personnel
pro$rams.
Section 4. All public o##icers and emplo%ees shall
ta4e an oath or a##irmation to uphold and de#end this
Constitution.
Section 5. The Con$ress shall provide #or the
standardi>ation o# compensation o# $overnment
o##icials and emplo%ees, includin$ those in
$overnment-owned or controlled corporations with
ori$inal charters, ta4in$ into account the nature o# the
responsibilities pertainin$ to, and the *uali#ications
re*uired #or, their positions.
Section 6. "o candidate who has lost in an% election
shall, within one %ear a#ter such election, be
appointed to an% o##ice in the &overnment or an%
&overnment-owned or controlled corporations or in
an% o# their subsidiaries.
Section . "o elective o##icial shall be eli$ible #or
appointment or desi$nation in an% capacit% to an%
public o##ice or position durin$ his tenure.
+nless otherwise allowed b% law or b% the primar%
#unctions o# his position, no appointive o##icial shall
hold an% other o##ice or emplo%ment in the
&overnment or an% subdivision, a$enc% or
instrumentalit% thereo#, includin$ &overnment-owned
or controlled corporations or their subsidiaries.
Section !. "o elective or appointive public o##icer or
emplo%ee shall receive additional, double, or indirect
compensation, unless speci#icall% authori>ed b% law,
nor accept without the consent o# the Con$ress, an%
present, emolument, o##ice, or title o# an% 4ind #rom
an% #orei$n $overnment.
:ensions or $ratuities shall not be considered as
additional, double, or indirect compensation.
A. Com#osition o, CSC
Civil ervice Commission is composed o# a Chairman
and two Commissioners. (Article IX-B, ection -(-))
+. 4$nctions o, CSC
1. The CC shall administer the civil service.
(Art. IX-B, 6-(-))
2. The CC as the #ersonnel %)enc* o,
t(e )overnment shall establish a career
service5
/. It shall adopt measures to promote
morale, e##icienc%, inte$rit%, responsiveness,
pro$ressiveness, and courtes% in the civil
service.
=. It shall stren$then the merit and rewards
s%stem5
<. It shall inte$rate all human resources
development pro$rams #or all levels and ran4s5
B. It shall institutionali>e a mana$ement
climate conducive to public accountabilit%.
7. It shall submit to the :resident and the
Con$ress an annual report on its personnel
pro$rams. (Article IX-B, ection /)
Po;er to ?r%nt Civil Service 7li)i-ilit*. In the
e'ercise o# its powers to implement ?A BD<C
($rantin$ civil service eli$ibilit% toe emplo%ees
under provisional or temporar% status who have
rendered seven %ears o# e##icient service), the CC
en(o%s wide latitude o# discretion and ma% not be
compelled b% mandamus to issue eli$ibilit%.
(Torre$o>a v. CC) But the CC cannot validl%
abolish the Career !'ecutive ervice Board
(C!B)5 because the C!B was created b% law, it
can onl% be abolished b% the 3e$islature (!u$enio
v. CC, -EE<)
Po;er to (e%r %n" "eci"e %"ministr%tive c%ses.
+nder the Administrative Code o# -ED9, the CC
has the power to hear and decide administrative
cases instituted be#ore it directl% or on appeal,
includin$ contested appointments.
E
@$ris"iction on Personnel %ctions. It is the intent
o# the Civil ervice 3aw, in re*uirin$ the
establishment o# a $rievance procedure, that
decisions o# lower o##icials (in cases involvin$
#
0ntonio B. 3achura, -utline42e)ie!er in Political a!, 307
(2006)
<
SCHOOL OF LAW

personnel actions) be appealed to the a$enc%
head, then to the CC. The ?TC does not have
(urisdiction over such personal actions. (2landa v.
Bu$a%on$, .CC/)
A$t(orit* to 3ec%ll A##ointments. The 2mnibus
?ules implementin$ the Administrative Code
provides, amon$ others, that notwithstandin$ the
initial approval o# an appointment, the same ma%
be recalled #or violation o# other e'istin$ Civil
service laws, rules and re$ulations. Thus, in
Debulgado v. CSC, it was held that the power o#
the CC includes the authorit% to recall
appointment initiall% approved in disre$ard o#
applicable provisions o# the Civil ervice law and
re$ulations.
-C
Ori)in%l :$ris"iction to (e%r %n" "eci"e %
com#l%int ,or c(e%tin). The Commission has
ori$inal (urisdiction and decide a complaint #or
cheatin$ in the Civil ervice e'aminations
committed b% $overnment emplo%ees. The #act that
the complaint was #iled b% the CC itsel# does not
mean that it cannot be an impartial (ud$e. (Cru> v.
CC. .CC-)
--
&' 0hen there are more than one person *uali#ied
#or a position, ma% the CC dictate to the
appointin$ authorit% who amon$ those *uali#ied
should be appointed1
A' "o. the power o# the CC is limited to attestin$
to the eli$ibilit% or ineli$ibilit% o# the appointee.
(2rbos v. CC, -EEC)
-.
&' )a% the CC revo4e a certi#icate o# eli$ibilit%1
A' Jes. As central personnel a$enc% o# the
$overnment, the CC ma% revo4e a certi#icate o#
eli$ibilit% motu propio. The power to issue a
certi#icate o# eli$ibilit% carries with it the power to
revo4e one that has been $iven. 0hether hearin$
is re*uired #or revocation depends on
circumstances o# a case.
(Thus, where the case 7simpl% involves the
rechec4in$ o# e'amination papers and nothin$
more than a re-evaluation o# documents alread% in
the records o# the CC accordin$ to a standard
answer 4e% previousl% set b% it, notice and hearin$
is not re*uired. Instead, what Kwould appl% in such
a case isL the rule o# res ipsa loquitor. (3a>o v.
CC, -EE=)
&' 0hat (urisdiction does the CC have over the
personnel cases $iven b% statute to the (urisdiction
o# the )erit %stems Board1
10
(2006)
11
(2006)
12
Bernas Primer at 3"6 (2006 ed.)
A' It has onl% automatic review (urisdiction, not
ori$inal (urisdiction. (&I v. CC, -EE-)
C. N%t$re o, t(e Po;ers o, CSC
The Commission is an administrative a$enc%,
nothin$ more. As such, it can onl% per#orm powers
proper to an administrative a$enc%. It can per#orm
e'ecutive powers, *uasi-(udicial powers and *uasi-
le$islative or rule-ma4in$ powers.
-/
/. &$%li,ic%tions o, CSC Commissioners
-. "atural-born citi>ens o# the :hilippines5
2. At the time o# their appointment, at least thirt%-
#ive %ears o# a$e5
/. 0ith proven capacit% #or public administration5
=. )ust not have been candidates #or an%
elective position in the elections immediatel%
precedin$ their appointment. (Article IX-B,
ection -(-))
7. A##ointment o, CSC Commissioners
The Chairman and the Commissioners shall be
%ears without reappointment.
2# those #irst appointed, the Chairman shall hold
o##ice #or seven %ears, a Commissioner #or #ive
%ears, and another Commissioner #or three %ears,
without reappointment.
Appointment to an% vacanc% shall be onl% #or the
une'pired term o# the predecessor. In no case shall
an% )ember be appointed or desi$nated in a
temporar% or actin$ capacit%. (Article IX-B, ection
-(.))
3e%son ,or St%))erin) o, Terms'
-. To lessen the opportunit% o# the :resident to
appoint a ma(orit% o# the bod% durin$ his term5
.. To ensure continuance o# the bod%, which
alwa%s retains .G/ o# its membership.
3. The s%stem is e'pected to stabili>e the policies
o# the bod% as maintained b% the remainin$
members.
-=
4. Sco#e o, Civil Service S*stem
The civil service embraces all branches,
subdivisions, instrumentalities, and a$encies o# the
&overnment, includin$ $overnment-owned or
13
14
Cruz, Philippine Political a!, p. 2"# (1##$ ed).
B
SCHOOL OF LAW

controlled corporations 2it" oiginal !"ates.
(Article IX-B, ection .(-))
Test ,or "eterminin) ;(et(er % )overnment
o;ne" or controlle" cor#or%tion is s$-:ect to
t(e Civil Service L%;' The test is the manner o#
its creation. Corporations created b% special
charter are sub(ect to the Civil ervice, whereas
corporations incorporated under the Corporation
3aw are not. (:"2C v. 3eo$ardo, -EDE)
Cor#or%tions ;it( ori)in%l c(%rters. The% are
those created b% special law, li4e &I, , 3ocal
0ater Districts and :A&C2?. (Corporations which
are subsidiaries o# these chartered a$encies li4e
the )anila @otel and :A3, are not within the
covera$e o# the Civil ervice.
-<
Note' The moment, that a corporation ceases to be
$overnment controlled, #or instance, i# it is
privati>ed, it ceases to #all under the Civil ervice.
-B
&' Does the Department o# 3abor have a role over
civil service members1
A' Jes. !ntities under the civil service s%stem are
not completel% be%ond the reach o# Department o#
3abor or labor laws.
(0hen a $overnment entit% that is under the Civil
ervice enters into a contract, e.$., with a securit%
a$enc% or (anitorial a$enc%, it becomes an indirect
emplo%er o# the securit% $uards or the (anitors. In
such a situation, under the 3abor Code, the
liabilities #or wa$es are (oint and solidar% with the
contractor. The law on wa$es on in the 3abor Code
speci#icall% provides that 7emplo%er8 includes an%
person actin$ directl% or indirectl% in the interest o#
an emplo%er in relation to emplo%ees. (:hilippine
Aisheries Development Authorit% v. "3?C M 2din
ecurit% A$enc%, -EE.)
?. Cl%ssi,ic%tion o, Positions (under Section 2(2) for
purpose of determining te manner of testing merit and
fitness)
1. Com#etitive Positions
2. NonAcom#etitive Positions
Com#etitive Positions
As a $eneral rule, positions in all branches o#
$overnment belon$ to the competitive service.
(amson v. CA)
4%cts' :etitioner, the )a%or o# Caloocan Cit%,
terminated the services o# respondent, the Assistant
ecretar% to the )a%or, on the $round o# loss o#
con#idence. ?espondent protested on the $round
that his position belon$ed to the classi#ied service.
:etitioner ar$ued that under the Civil ervice 3aw,
the secretaries o# cit% ma%ors occupied primaril%
1$
Cruz, Philippine Political a!, p.2#0 (1##$ ed).
16
con#idential position and respondent was a secretar%
to the ma%or.
<el"' The termination o# respondent is void. T"e
position of Assistant Se!eta$ to t"e Ma$o
s"ould #e !onsideed as #elonging to t"e
!ompetiti%e se%i!e. The position o# ecretar% o#
the )a%or and Assistant ecretar% are two distinct
positions. The latter is o# a lower ran4 and is not
primaril% con#idential. An assistant secretar% merel%
helps in a subordinate capacit% the person clothed
with the duties o# a secretar%. (amson v. CA, -=<
C?A B<=)
-9
4%cts' ?espondent was appointed as member o#
intern%l sec$rit* st%,, o, t(e PA?CO3. @e was
terminated alle$edl% #or loss o# con#idence, because
he alle$edl% en$a$ed in pro'% bettin$. 0hen
respondent sued #or reinstatement, the :A&C2?
ar$ued that under :D -DBE, all its emplo%ees are
classi#ied as con#idential.
<el"' The classi#ication in :D -DBE can be no more
than an initial determination and is not conclusive. It
is the nature o# the position which #inall% determines
whether a position is primaril% con#idential.
?espondent did not en(o% close intimac% with the
appointin$ authorit% which would ma4e him a
con#idential emplo%ee. As member o# the internal
sta##, he was tas4ed with preventin$ irre$ularities
amon$ the emplo%ees and customers, reportin$
unusual incidents and in#ractions, coordinatin$ with
securit% department durin$ chips inventor%, re#ills,
%ields and card shu##lin$, and escortin$ the deliver%
o# table capital bo'es, re#ills and shoe bo'es. (CC
v. alas, .9= C?A =-=)
-D
Cl%sses o, NonACom#etitive Positions
-. :olic% Determinin$
.. :rimaril% Con#idential
/. @i$hl% Technical
Polic*A/eterminin) Position
2ne char$ed with la%in$ down o# principal or
#undamental $uidelines or rules, such as that
o# a head o# a department.
-E
Prim%ril* Con,i"enti%l Position
2ne denotin$ not onl% con#idence in the
aptitude o# the appointee #or the duties o# the
o##ice but #rim%ril* close intimac% which
ensures #reedom o# intercourse without
embarrassment or #reedom #rom mis$ivin$s or
betra%als o# personal trust on con#idential
matters o# state (De los antos v. )allare, D9
:hil .DE).
Pro>imit* 3$le' The occupant o# a particular
position can be considered a con#idential
emplo%ee i# the pedominant eason wh% he
was chosen b% the appointin$ authorit% was the
latterHs belie# that he can share a close intimate
relationship with the occupant which ensures
#reedom o# discussion without #ear o#
17
5acinto 5imenez, Political a! Compendium, 36$ (2006 ed.)
1"
5acinto 5imenez, Political a! Compendium, 367 (2006 ed.)
1#
9
SCHOOL OF LAW

embarrassment or mis$ivin$s o# possible
betra%als o# personal trust and con#idential
matters o# stare. Delos antos v. )allare)
(0here the position occupied is remote #rom
that o# the appointin$ authorit%, the element o#
trust between them is no lon$er predominant,
and there#ore, cannot be classi#ied as primaril%
con#idential)
The #ollowin$ are held to be primaril%
con#idential,
-. Chie# le$al counsel o# :"B.
(Besa v. :"B)
.. Cit% le$al o##icer (Cadiente v.
antos)
3. :rovincial attorne%(&rino v.
CC) (!o"ever, positions of te legal
staff are not confidential)
=. ecurit% $uards o# a vice-ma%or
(Borres v. CA)
4%cts' +pon recommendation o# the vice-
ma%or, the ma%or appointed respondents as
sec$rit* )$%r"s o, t(e vice m%*or. The
ma%or and vice ma%or lost in the election. As
the new ma%or, petitioner terminated the
services o# respondents #or lac4 o# con#idence.
?espondents sued #or reinstatement on the
$round that their removal was ille$al.
<el"' T(e #ositions o, res#on"ents
Bsec$rit* )$%r"s o, t(e vice m%*orC %re
#rim%ril* con,i"enti%l, as the% involve $ivin$
protection to the vice ma%or. The relationship
between the vice ma%or and his securit%
depend on the hi$hest o# trust and con#idence.
@ence, the tenure o# respondents ended upon
loss o# con#idence in them. (Borres v. CA, -</
C?A -.C)
.C
<i)(l* Tec(nic%l Position
A hi$hl% technical position re*uires the
appointee thereto to possess technical s4ill or
trainin$ in the supreme or superior de$ree.
The position o# a cit% en$ineer ma% be technical
but not hi$hl% so because he is not re*uired or
supposed to posses a supreme or superior
de$ree o# technical s4ill. The duties o# a cit%
en$ineer are eminentl% administrative in
character and can be dischar$ed even b% non-
technical men. (Delos antos v. )allare)
In #ontecillo v. CSC, 200$, the C said that under
Administrative Code o# -ED9, the CC is e'pressl%
empowered to declare positions in the CC as
primaril% con#idential. This si$ni#ies that the
enumeration in the Civil ervice decree, which
de#ines the non-career service, is not an e'clusive
list. The Commission can supplement this
enumeration, as it did when it issued )emorandum
Circular .., s. -EE-, speci#%in$ positions in the Civil
ervice which are considered primaril% con#idential
20
and, there#ore, their occupants hold tenure co-
terminous with the o##icials the% serve.
.-
&' 0ho determines whether a position is polic%-
determinin$, primaril% con#idential or hi$hl%
technical1
A' It is a (udicial *uestion. It is the n%t$re o# the
position "ic finall% determines whether a position
is primaril% con#idential, polic%-determinin$ or
hi$hl% technical. The initial classi#ication ma% be
made b% the authorit% creatin$ the o##ice. !'ecutive
pronouncements as to the nature o# the o##ice can
be no more than initial determination o# the nature
o# the o##ice.
..
K&e competitive and non'competitive positions rougl%
correspond to te classification in te Civil Service
Code no" embodied in te (evised )dministrative
Code of $*+,- ($) Career Service and (2) .on'Career
Service.L
2/

<. Cl%sses o, Service (under te (evised
)dministrative Code)
1. C%reer Service
2. NonAC%reer Service
1. C%reer Service (-EEE Bar Fuestion)
The career service is characteri>ed b%,
-. !ntrance based on the merit and #itness to
be determined as #ar as practicable b%
competitive e'aminations, or based on hi$hl%
technical *uali#ications5
.. 2pportunit% #or advancement to hi$her
career positions5
3. ecurit% o# Tenure.
.=
The career service includes,
1. O#en C%reer #ositions #or appointment
to which prior *uali#ication in an appropriate
e'amination is re*uired.
2. Close" C%reer #ositions which are
scienti#ic or hi$hl% technical in nature5 these
include the #acult% and academic sta## o# state
colle$es and universities, and scienti#ic and
technical positions in scienti#ic or research
institutions which shall establish and maintain
their own merit s%stems5
3. Positions in t(e C%reer 7>ec$tive
Service, namel%, +ndersecretar%, Assistant
ecretar%, Bureau Director, Assistant Bureau
Director, ?e$ional Director, Assistant ?e$ional
Director, Chie# o# Department ervice and
21
(2006)
22
See Bernas Commentar*, p 1016(2003 ed)6 See also 0ntonio B.
3achura, -utline42e)ie!er in Political a!, 311 (2006)
23
24
D
SCHOOL OF LAW

other o##icers o# e*uivalent ran4 as ma% be
identi#ied b% the Chie# !'ecutive ervice
Board, all o# whom are appointed b% the
:resident5
4. C%reer o,,icers, other that those in the
Career !'ecutive ervice, who are appointed
b% the :resident, such as the Aorei$n ervice
2##icers in the DAA.
$. Commissione" o,,icers %n" enliste"
men o, t(e Arme" 4orces, which shall
maintain a separate merit s%stem5
6. Personnel o, )overnmentAo;ne" or
controlle" cor#or%tions, whether per#ormin$
$overnmental or proprietar% #unctions, who do
not #all under the non-career service5 and
7. Perm%nent l%-orers5 whether s4illed,
semi-s4illed, or uns4illed.
.<
C%reer Service 7>ec$tives DC7SE. 2n )a% /-,
-EE=, the CC issued )emorandum Circular "o. .-
identi#%in$ the positions covered b% the C!. The
)emorandum provides that, 7incumbents o#
positions which are declared to be C! positions #or
the #irst time pursuant to this ?esolution who hold
permanent appointments thereto shall remain under
permanent status in their respective positions.
@owever, upon promotion or trans#er to other C!
positions, these incumbents shall be under
temporar% status in said other C! positions until
the% *uali#%.8
.B
C7S %n" Sec$rit* o, Ten$re. The mere #act that a
position belon$s to the C! does not automaticall%
con#er securit% o# tenure on the applicant. uch ri$ht
will have to depend on the nature o# his appointment
which, in turn, depends on his eli$ibilit% or lac4 o# it.
A person who does not have the re*uisite
*uali#ications #or the position cannot be appointed to
it in the #irst place or, onl% as an e'ception to the
rule, ma% be appointed to it onl% in an actin$
capacit% in the absence o# appropriate eli$ibles. The
appointment e'tended to him cannot be re$arded as
permanent even i# it ma% be so desi$nated. uch
bein$ the case, he could trans#erred or reassi$ned
without violatin$ the constitutional $uarantee o#
securit% o# tenure. (De 3eon v. CA, .CC-)
3e0$isites ,or Sec$rit* o, Ten$re o, C7S
em#lo*ee'
-. Career ervice !li$ibilit%
.. Appointment to the appropriate career
e'ecutive service ran4.
It must be stressed that the securit% o#
tenure o# emplo%ees in the C! (e'cept
-
st
and .
nd
level emplo%ees in the civil
service) pertains onl% to ran4 and not to
the o##ice or to the position to which the%
ma% be appointed. (Thus, a C! o##icer
ma% be trans#erred or reassi$ned #orm
one position to another without losin$ his
2$
26
(2006)
ran4 which #ollows him wherever he is
trans#erred or reassi$ned. In #act, a C!
o##icer su##ers no diminution in salar% even
i# assi$ned to a C! position with lower
salar% $rade, as he is compensated
accordin$ to his C! ran4 and not on the
basis o# the position or o##ice which he
occupies. (&eneral v. ?oco, .CC-)
2. NonAC%reer Service
The non-career service is characteri>ed b%,
-. !ntrance on bases other than o# the usual
tests o# merit and #itness utili>ed #or the career
service5
2. Tenure which is limited to a period
speci#ied b% law, or which is co-terminous with
that o# the appointin$ authorit% or sub(ect to his
pleasure, or which is limited to the duration o#
a particular pro(ect #or which purpose
emplo%ment was made.
.9
The non-career service includes,
-. !lective o##icials and their personal or
con#idential sta##5
.. Department heads and other o##icials o#
Cabinet ran4 who hold positions at the
pleasure o# the :resident and their personal or
con#idential sta##5
/. Chairmen and members o# commissions
and boards with #i'ed terms o# o##ice and their
personal or con#idential sta##5
=. Contractual personnel or those whose
emplo%ment in the $overnment is in
accordance with a special contract to
underta4e a speci#ic wor4 or (ob, re*uirin$
special or technical s4ills not available in the
emplo%in$ a$enc%, to be accomplished within
a speci#ic period, which in no case shall
e'ceed one %ear, and per#orm or accomplish
the speci#ic wor4 or (ob, under their own
responsibilit% with a minimum o# direction and
supervision #rom the hirin$ a$enc%5 and
$. !mer$enc% and seasonal personnel.
.D
&' Is the classi#ication in the ?evised
Administrative Code (Career and .on'Career) and
the classi#ication in ection .(.) (Competitive and
.on'competitive) mutuall% e'clusive1
A' "o. ?ather, the% overlap and complement each
other. The classi#ication in the Code is #or the
purposes o# determinin$ tenure. The classi#ication
in ection .(.) is #or purposes o# determinin$ the
manner o# testin$ merit and #itness.
I. Si)ni,ic%nce o, /istinction -et;een com#etitive
%n" nonAcom#etitive #ositions
27
2"
E
SCHOOL OF LAW

A##ointment to a competitive positions must be
made accordin$ to merit and #itness as
detemined' as fa as pa!ti!a#le' #$
!ompetiti%e e7amination. )erit and #itness in
appointments to non-competitive positions are not
determined b% competitive e'aminations5 but merit
and #itness are re*uired.
.E
@. A##ointments in t(e Civil Service
Appointments in the civil service shall be made
onl% %ccor"in) to merit %n" ,itness to be
determined, as #ar as practicable, -* com#etitive
e>%min%tion. (Article IX-B, ection .(.))
7>ce#t' To positions which are polic%-determinin$,
primaril% con#idential, or hi$hl% technical.

1. Perm%nent A##ointments
A permanent appointment shall be issued to a
person who meets all the re*uirements #or the
positions to which he is bein$ appointed, includin$
the appropriate eli$ibilit% prescribed, in accordance
with the provision o# laws, rules and standards
promul$ated in pursuance thereo#. (Administrative
Code o# -ED9, Boo4 ;-A, ec. .9)
2. Tem#or%r* A##ointments
In the absence o# appropriate eli$ibles and it
becomes necessar% in the public interest to #ill a
vacanc%, a temporar% appointment shall be issued
to a person who meets all the re*uirement #or the
position to which he is bein$ appointed e'cept the
appropriate civil service eli$ibilit%.
Temporar% appointments do not have a
de#inite term and ma% be withdrawn or
discontinued, with or without cause, b% the
appointin$ power.
/C
The new Constitution now
sa%s, 7Temporar% emplo%ees o# the
&overnment shall be $iven such protection as
ma% be provided b% law.8 (The provision is not
sel#-e'ecutor%)
&' A permanent appointment is e'tended. The
Civil ervice Commission approves it as
temporar% in the belie# that somebod% else is
better *uali#ied. )a% the Commission do so1
A' "o. The sole #unction o# the Commission is
to attest to the *uali#ication o# the appointee.
(3ue$o v. CC, -EDB)
/iscretion o, A##ointin) A$t(orit*
The appointin$ authorit% has "iscretion who to
appoint even in the career service o# the Civil
ervice, where the appointee possesses the
minimum *uali#ication re*uirements prescribed b%
2#
Bernas Primer at 37$ (2006 ed.)
30
law #or the position. (3ue$o v. CC, -=/ C?A
/.9)
Thus, even i# o##icers and emplo%ees in the career
service o# the Civil ervice en(o% the ri$ht to
pre#erence in promotion, it is not mandator% that the
vacanc% be #illed b% promotion. The appointin$
authorit% should be allowed the choice o# men o# his
con#idence, provided the% are *uali#ied and eli$ible.
(Central Ban4 v. CC -9- C?A 9==)
The discretion o# the appointin$ authorit% is not
onl% in the choice o# the person who is to be
appointed, but also in t"e natue o !"aa!te of
t"e appointment issued, i.e., whether the
appointment is permanent or temporar%. (&e CSC
ma%, o"ever, approve as merel% temporar% an
appointment intended to be permanent "ere te
appointee does not possess te requisite eligibilit%
and te e0igenc% of te service demands tat te
position be filled up, even in a temporar% capacit%.)
3ole o, CSC (-EE= Bar Fuestion)
7All the Commission is authori>ed to do is to chec4
that the appointee possesses the *uali#ications and
appropriate eli$ibilit%. I# he does, his appointment is
approved5 i# not, it is disapproved.8 (3ope> v. CC)
The CC is not a co-mana$er, or surro$ate
administrator o# $overnment o##ices and a$encies.
Its #unctions and authorit% are limited to approvin$
or reviewin$ appointments to determine their
compliance with re*uirements o# the Civil ervice
3aw. 2n its own the Commission does not have the
power to terminate emplo%ment or to drop
members #rom the rolls. (Torres v. CC, .CC-)
S$-st%ntive 3e0$irement. A substantive
re*uirement under ection -- o# the 2mnibus
ervice ?ules and ?e$ulations is that an
appointment should be submitted to the CC within
/C da%s #rom issuance5 otherwise it shall be
ine##ective. (See 2)"C v. )acarai$, .CC=)
Le)%l St%n"in). Both the appointin$ authorit% and
the appointee are the real part% interest, and both
have le$al standin$, in a suit assailin$ a CC order
disapprovin$ an appointment. (Abella Ir. v. CC)
F. /is0$%li,ic%tions
-. "o candidate who has lost in an% election
appointed to an% o##ice in the &overnment or
an% &overnment-owned or controlled
corporations or in an% o# their subsidiaries.
(6B)
.. "o elective o##icial shall be eli$ible #or
appointment or desi$nation in an% capacit% to
an% public o##ice or position durin$ his tenure.
(69)
/. +nless otherwise allowed b% law or b% the
primar% #unctions o# his position, no appointive
-C
SCHOOL OF LAW

o##icial shall hold an% other o##ice or
emplo%ment in the &overnment or an%
subdivision, a$enc% or instrumentalit% thereo#,
includin$ &overnment-owned or controlled
corporations or their subsidiaries. (69)
&' 0hat is the purpose o# the prohibition o# appointment
o# 7lame duc4s8 in ection B1
A' The e'tirpation o# the 7spoils s%stem.8
&' Are there e'ceptions to the rule a$ainst appointment
o# elective o##icials1
A' Jes. The ;ice-:resident ma% be appointed member o#
the Cabinet. A member o# Con$ress is desi$nated to sit in
the Iudicial and Bar Council.
/-
&' Is the rule on appointive o##icials (69) applicable to
members o# Cabinet1
A' "o. Aor them, the applicable rule is the stricter
prohibition in Article ;II, ection -/.
/.
&' Distin$uish the rule on appointments o# members o#
Con$ress and rule on elective o##icials (other than
Con$ressmen).
A' The $
st
paragrap of Section , $overns elective
o##icials. +nli4e the provision #or members o# Con$ress in
Article ;I ection -/, which does not prohibit acceptance
o# an appointment but merel% causes the #or#eiture o# the
con$ressional seat i# the holder accepts an appointment,
1
st
#%r%)r%#( o, Section po"i#its ele!ti%e offi!ials
ot"e t"an mem#es of Congess fom a!!epting
appointment duing t"ei tenue. I# the elective o##icial
accepts an appointment without #irst resi$nin$ his elective
position, the appointment is invalid. "either, however,
does he thereb% #or#eit his elective seat. (Alores v. Drilon,
-EE/)
&' )a% Con$ress b% law authori>e the appointment o#
elective o##icials1
A' "o. +nli4e the case o# appointive o##icers in .
nd
para$raph o# ection 9, Con$ress ma% not create
e'ception on elective o##icials mentioned in -
st
para$raph
o# ection 9.
L. Sec$rit* o, Ten$re (-EE/, -EEE, .CC< Bar Fuestion)
"o o##icer or emplo%ee o# the civil service shall be
removed or suspended e'cept #or cause provided b% law.
(6.(/))
1. Si)ni,ic%nce o, Sec$rit* o, Ten$re
The e##icienc% o# the a civil service s%stem depends
lar$el% on the morale o# the o##icers and emplo%ees
in the service. )orale, in turn, can be #atall%
undermined when the securit% o# o##icers in the
possession o# their o##ice is unprotected a$ainst the
arbitrar% action o# superior o##icers.
@ence, basic in an% civil service is a $uarantee o#
securit% o# tenure, a $uarantee a$ainst arbitrar%
impairment, whether total or partial o# the ri$ht to
continue in the position held.
//
31
32
Bernas Primer at 3"" (2006 ed.)
33
Bernas Primer at 37" (2006 ed.)
2. 14or C%$se Provi"e" -* L%;2
This is a $uarantee o# both procedural and
substantive due process. 14or C%$se2 means #or
reasons which the law and sound public polic%
reco$ni>e as su##icient #or removal, that is le$al
cause, and not merel% causes which the appointin$
power in the e'ercise o# discretion ma% deem
su##icient. )oreover, the cause must relate to and
e##ect the administration o# the o##ice, and must be
restricted to somethin$ o# a substantial nature
directl% a##ectin$ the ri$hts and interests o# the
public. (De los antos v. )allare)
3. Cover%)e o, Sec$rit* o, Ten$re
"o o##icer or emplo%ee o# the civil service shall be
removed or suspended e'cept #or cause provided
b% law. (6.(/))
ecurit% o# Tenure is en(o%ed onl% b% those who
posses a #erm%nent %##ointment.
/=
2ne does not become a permanent appointee
unless *uali#ied #or the position, and this, even i# the
appointment e'tended is mista4enl% desi$nated as
permanent.
The appointment o# one who is not *uali#ied
can onl% be temporar% and it is understood #rom the
outset that it is without #i'it% but endurin$ onl% at the
pleasure o# the appointin$ authorit%.
Aor an appointment to be permanent, it must be
a eal appointment b% the appointin$ authorit% and
not (ust a desi$nation b% one who does not have the
appointin$ authorit%. (Thus, where the law sa%s that
the o##icer is to be appointed b% the :resident,
desi$nation b% the department secretar% does not
result in a permanent appointment. (Binamira v.
&arucho))
!ven one who has an appointment to a position
which is subse*uentl% converted to a career position
must %ield the position to one who has it i# he or she
does not possess !aee eligi#ilit$.(Dima%u$a v.
Benedicto II)
A person la!8ing t"e ne!essa$
4ualifi!ations who is $iven a temporar%
appointment does not automaticall% become a
permanent appointee when he or she ac*uires the
re*uired *uali#ication. (Aor a temporar% appointee to
become permanent, he must receive a new
commission, that is, a permanent appointment i# he
is to be considered permanent.)
Persons occ$#*in) nonAcom#etitive #ositions
%re %lso covere" -* t(e )$%r%ntee o, sec$rit* o,
ten$re. The distinction between competitive and
non-competitive is si$ni#icant onl% #or purposes o#
appointment. The termination o# the o##icial relation
o# o##icials and emplo%ees holdin$ primaril%
con#idential positions on the $round o# loss of
confidence can be (usti#ied because in that case
their cessation #rom o##ice involves no removal but
34
Bernas Commentar*, p 102$(2003 ed).
--
SCHOOL OF LAW

e0piration o# the term o# o##ice. (@ernande> v.
;ille$as, -= C?A <==, -EB<)
/<
4%cts' :etitioner a watchman in the o##ice o# the
provincial treasurer, was dismissed #or the convenience
o# the province. @e has no civil service eli$ibilit%. @e sued
#or reinstatement.
<el"' Althou$h petitioner is not a civil service eli$ible, this
is not a $round to dismiss him an%time without #ormal
char$e. The position o# watchman #alls under the
unclassi#ied service. Positions in t(e $ncl%ssi,ie"
service %re %lso )$%r%ntee" sec$rit* o, ten$re.
(Ba*uidra v. CAI, DC C?A -./)
/B
&' Do appointees to the #orei$n service who do not
belon$ to the Career Corps en(o% securit% o# tenure li4e
the Career Corp.1
A' "o. :olitical appointees in the #orei$n service possess
7tenure coterminous with that o# the appointin$ authorit%
or sub(ect to his pleasure.8 (Astra*uillo et al v.
)an$lapus, -EEC)
&' Binamira was 7desi$nated8 b% the ecretar% o#
Tourism as )ana$er o# the Tourism Authorit%. The law,
however, re*uires that the )ana$er be appointed b% the
:resident. Did Binamira ac*uire securit% o# tenure1
A' "o, because he did no receive a valid appointment.
(Binamira v. $arucho, -EEC)
&' Can one who does not have *uali#ications #or a
position ac*uire securit% o# tenure therein1
A' "o, securit% o# tenure in an o##ice is ac*uired onl% b%
one who has the *uali#ications #or that o##ice. (Dima%u$a
v. Benedicto , .CC.)
&' Are temporar% appointees protected b% the $uarantee
o# securit% o# tenure1
A' "o. the% ma% be removed an%time. ()endiola v.
Tancinco, -E9/) The new Constitution now sa%s,
7Temporar% emplo%ees o# the &overnment shall be $iven
such protection as ma% be provided b% law.8 (The
provision is not sel#-e'ecutor%)
&' 0hat is the e'tent o# the :residentHs disciplinar%
authorit% over presidential appointees who belon$ to the
career service1
A' The power is limited. Career service o##icers and
emplo%ees who en(o% securit% o# tenure ma% be removed
onl% #or an% o# the causes enumerated b% law. (3arin .v.
!'ecutive ecretar%, .DC C?A 9-/)
4. Tr%ns,ers
Perm%nent Tr%ns,er. The trans#er o# a permanent
emplo%ee to another permanent position without
the consent o# the emplo%ee violates securit% o#
tenure. (&loria. CA, .CCC)
Tem#or%r* Tr%ns,er. 0hile a temporar% trans#er
or assi$nment o# personnel is permissible even
without the emplo%eeHs prior consent, it cannot be
done when the trans#er is a preliminar% step toward
his removal, or is a scheme to lure him awa% #rom
his permanent position, or desi$ned to indirectl%
terminate his service, or #orce his resi$nation. uch
3$
Bernas Primer at 37# (2006 ed.)
36
would in e##ect circumvent the provision which
sa#e$uards the tenure o# o##ice o# those who are in
the Civil ervice. (&loria v. CA, .CCC)
5. A-olition o, O,,ice
0hile abolition o# o##ice does not impl% removal o#
the incumbent o##icer, this is true onl% where the
abolition o# o##ice is done in $ood #aith and not
merel% as a cover #or a removal otherwise not
allowed b% the Constitution. (Briones v. 2smena,
-E<D)
Thus, #or abolition o# o##ice to escape the taint o#
unconstitutionalit%, it must be made,
-. In $ood #aith5
.. "ot #or personal or political reasons5 and
/. "ot in violation o# the law. (?o*ue v.
!ricta)
Note' Abolition o# o##ice, even i# arisin$ #rom
reor$ani>ation mandated b% law must be (usti#ied
b% $ood #aith and public need. (Abro$ar v.
&arrucho, -EE-) )oreover, abolition o# an o##ice
created b% law can onl% be done also b% law.
(!u$enio v. CC, -EE<)
6. 3eor)%niG%tion (-EDD Bar Fuestion)
Abolition b% law as a result o# reor$ani>ation is a
reco$ni>ed cause #or termination o# a $overnment
emplo%ee.
&' Does the :resident have the authorit% to reor$ani>e
the e'ecutive department1
A' Jes. And this can include deactivation o# o##ices. As #ar
as bureaus, a$encies or o##ices in the e'ecutive
department are concerned, the :residentHs power o#
control ma% (usti#% him to inactivate the #unctions o# a
particular o##ice, or certain laws ma% $rant him the broad
authorit% to carr% out reor$ani>ation measures. (Bu4lod
n$ Nawanin$ !IIB v. !'ecutive ecretar%, .CC-)
/9
. /ecl%r%tion o, O,,ice H%c%nt
&' ection /< o# ?A B9-< declared all positions o#
the Commissioners, !'ecutive 3abor Arbiters and
3abor Arbiters o# the present "3?C vacant.
:etitioners *uestion its constitutionalit%.
A' Un!onstitutional. 0hile abolition b% law as a
result o# reor$ani>ation is a reco$ni>ed cause #or
termination o# a $overnment emplo%ee, it is not the
same as a declaration that the o##ice is vacant. ?A
B9-< has e##ected no e'press abolition o# the
positions, neither an implied abolition (i.e., an
irreconcilable inconsistenc% between the nature,
duties and #unctions o# the petitionerHs o##ices
under the old rules and those o# the new law)
()a%or v. @on. )acarai$, -EE-)
!. Preventive S$s#ension
:endin$ administrative investi$ation, it is provided
that the emplo%ee char$ed shall be sub(ect to
37
-.
SCHOOL OF LAW

preventive suspension but the same shall be li#ted
a#ter ninet% da%s i# he is not a presidential
appointee unless the dela% in the conduct o# the
probe is imputable to him. (Boo4 ;(A), ec. =B)
6. +%c9 8%)es
0hen an emplo%ee is ille$all% dismissed, and his
reinstatement is later ordered b% the Court, #or all
intents and purposes he is considered as not
havin$ le#t his o##ice, and notwithstandin$ the
silence o# the decision, he is entitled to pa%ment o#
bac4 salaries. (Del Castillo v. CC, -EE9)
But where the reinstatement is ordered b% the court
not as the result o# e'oneration but merel% as an
act o# liberalit% o# the Court o# Appeals, the claim
#or bac4wa$es #or the period durin$ which the
emplo%ee was not allowed to wor4 must be denied.
The $eneral rule is that a public o##icial is not
entitled to compensation i# he has not rendered an%
service. (Balitaosan v. D!C, .CC/)
The pa%ment o# bac4wa$es durin$ the period o#
suspension o# a civil servant who is subse*uentl%
reinstated is proper onl% i# e is found innocent of
te carges and the suspension is un1ustified. (See
Bru$ada v. ec. o# !ducation, .CC<)
M. P%rtis%n Politic%l Activit*
1. Cover%)e
"o o##icer or emplo%ee in the civil service shall
en$a$e, directl% or indirectl%, in an% electioneerin$
or partisan political campai$n.(6.(=))
The militar% establishment is covered b% this
provision. Article X;I, ection <(/) provides that no
member o# the militar% shall en$a$e directl% or
indirectl% in an% partisan political activit% e'cept to
vote. But this prohibition applies onl% to those in the
active militar% service, not to reservists. (Cailles v.
Boni#acio, B< :hil /.D)
7>ce#tions'
1. :articularl% e'empted #rom the prohibition
a$ainst partisan political activit% are
mem-ers o, t(e C%-inet.
/D
2. :ublic o##icers and emplo%ees holdin$
political o##ices (who are allowed to ta4e
part in political and electoral activities,
e'cept to solicit contributions #rom their
subordinates or commit acts prohibited
under the !lection Code) (ection =< o#
Civil ervice 3aw)
/E
3"
3#
(2006)
2. P$r#ose o, t(e Pro(i-ition A)%inst P%rtis%n
Politic%l Activit*
-. To prevent the members o# the civil
service #rom usin$ the resources o# the
$overnment #or the bene#it o# their candidates5
2. To insulate them #rom political retaliation
#rom winnin$ candidates the% have opposed or
not supported.
=C
3. Me%nin) o, P%rtis%n Politic%l Activit*
As interpreted b% the Civil ervice Commission,
partisan political activit% means a!ti%e suppot fo
o affiliation 2it" t"e !ause of a politi!al pat$
o !andidate. This would include, amon$ others,
bein$ a candidate #or an% elective o##ice or
dele$ate to an% political convention, bein$ an
o##icer or member o# an% political committee, part%
or or$ani>ation, deliverin$ speeches, canvassin$ or
soli!iting %otes or political support or contributions
#or an% political part% or candidate or, in $eneral,
becomin$ activel% identi#ied with the success or
#ailure o# an% candidate or candidates #or election
to public o##ice.
=-
4 A"min Co"e o, 16!
1"o o##icer or emplo%ee in the Civil ervice,
includin$ members o# the AA:, shall en$a$e
directl% or indirectl% in an% partisan political activit%
or ta4e part in an% election e'cept to vote nor shall
he use his o##icial authorit% or in#luence to coerce
the political activit% o# an% other person or bod%.
"othin$ herein provided shall be understood to
prevent an% o##icer or emplo%ee #rom e'pressin$
his views on current political problems or issues, or
#rom mentionin$ the names o# candidates #or public
o##ice whom he supports, :rovided, That public
o##icers and emplo%ees holdin$ political o##ices ma%
ta4e part in political and electoral activities but it
shall be unlaw#ul #or them to solicit contributions
#rom their subordinates or sub(ect them to an% o#
the acts involvin$ subordinates prohibition in the
!lection Code.8 (Boo4 ;(A), ec. <B)
N. 3i)(t to Sel,AOr)%niG%tion
The ri$ht to sel#-or$ani>ation shall not be denied to
$overnment emplo%ees. (6.(<))
Thus, the Con$ress ma% provide, #or e'ample, that
temporar% emplo%ees who ac*uire civil service
eli$ibilit% #or the positions occupied b% them shall be
automaticall% considered permanent appointees
thereto, or that temporar% emplo%ees ma% not be
replaced durin$ a #i'ed period e'cept #or cause, or
shall be entitled to the same material bene#its, such
as leave privile$es, durin$ incumbenc%.
=.
40
Cruz, Philippine Political a!, p.2#" (1##$ ed6 +antos ). 7atco,
106 Phil 74$)
41
+ection 14, 2ule 89%%%, Ci)il +er)ice 2ules.
42
Cruz, Philippine Political a!, p.300 (1##$ ed).
-/
SCHOOL OF LAW

&' )a% members o# the Civil ervice unioni>e1
A' Jes.
-. Article III, ection D $uarantees the ri$ht
o# all 7includin$ those emplo%ed in the
public and private sectors, to #orm
unionsO8
.. Article IX-B, ection .(<) states that 7the
ri$ht to sel#-or$ani>ation shall not be
denied to $overnment emplo%ees.8
/. Article XIII, ection / $uarantees 7the ri$ht
o# all wor4ers to sel#-or$ani>ation,
collective bar$ainin$ and ne$otiations,
and peace#ul concerted activities,
includin$ the ri$ht to stri4e in accordance
with law.8
Their ri$ht to stri4e, however, ma% be limited
b% law.
=/
3i)(t to Stri9e
?i$ht to or$ani>e does not include the ri$ht to
stri4e. @ence, the Court ruled that emplo%ees o#
and public school teachers do not have a
constitutional ri$ht to stri4e. This does not mean,
however, that the% ma% not be $iven the ri$ht to
stri4e b% statute.
==
O. Protection to Tem#or%r* 7m#lo*ees
Temporar% emplo%ees o# the &overnment shall be
$iven such protection as ma% be provided b% law.
(6.(B))
P. St%n"%r"iG%tion o, Com#ens%tion
The Con$ress shall provide #or the standardi>ation
o# compensation o# $overnment o##icials and
emplo%ees, includin$ those in $overnment-owned
or controlled corporations with ori$inal charters,
ta4in$ into account the nature o# the responsibilities
pertainin$ to, and the *uali#ications re*uired #or,
their positions. (Art. IX-B, 6<)
&. /o$-le Com#ens%tion. A""ition%l Com#ens%tion
"o elective or appointive public o##icer or emplo%ee
shall receive additional, double, or indirect
compensation, unless spe!ifi!all$ aut"oi6ed #$
la2, nor accept without the consent o# the
Con$ress, an% present, emolument, o##ice, or title
o# an% 4ind #rom an% #orei$n $overnment.
:ensions or $ratuities shall not be considered as
additional, double, or indirect compensation. (Art.
IX-B, 6D)
1. 3e%son ,or Pro(i-ition
43
Bernas Primer at 3"$ (2006 ed.)
44
1. To in#orm the people o# the e'act amount
a public #unctionar% is receivin$ #rom the
$overnment so the% can demand
commensurate services5
.. To prevent the public #unctionar% #rom
dividin$ his time amon$ several positions
concurrentl% held b% him and ineptl%
per#ormin$ his duties in al o# them because he
cannot devote to each the proper attention it
deserves.
2. 8(%t is Pro(i-ite"
The prohibition o# the Constitution was a$ainst
double compensation or additional compensation,
not double appointments. @ence, a second position
ma% be held concurrentl% with the principal position
as lon$ as the two are not incompatible, but the
incumbent cannot collect additional salaries #or
services rendered unless speci#icall% allowed b%
law. (Fuimson v. 2>aeta)
A""ition%l Com#ens%tion. There is
additional compensation when #or one and the
same o##ice #or which a compensation has
been #i'ed there is added to such #i'ed
compensation an e'tra reward in the #orm, #or
instance, o# a bonus. This is not allowed in the
absence o# law speci#icall% authori>in$ such
e'tra reward. (Thus, where an o##icerHs pa% as
provided b% law was a #i'ed per diem, the C
disallowed additional compensation in the #orm
o# cost o# livin$ allowances as well as incentive
and Christmas bonuses. @owever, the Court
was care#ul to point out that when a per diem
or an allowance is $iven as reimbursement #or
e'penses incident to the dischar$e o# an
o##icerHs duties, it is not an additional
compensation prohibited b% the Constitution.
(:eralta v. )atha%, -EB9))
/o$-le Com#ens%tion. ?e#ers to two sets o#
compensation #or two di##erent o##ices held
concurrentl% b% one o##icer. In the instances
when holdin$ a second o##ice is allowed, when
an o##icer accepts a second o##ice, he can
draw the salar% attached to the second o##ice
onl% when he is speci#icall% authori>ed b% law
to receive double compensation.
=<

3. Me%nin) o, 1S#eci,ic%ll* A$t(oriGe" +* L%;2
Sti!t Intepetation9 :The authorit% re*uired b%
the Constitution to receive double or additional
compensation is a speci#ic authorit% $iven to a
particular emplo%ee or o##icer o# the $overnment
because o# peculiar or e'ceptional reasons
warrantin$ the pa%ment o# e'tra or additional
compensation.8 (adueste v. uri$ao, -E=-)
4$
Bernas Primer at 3"# (2006 ed.)
-=
SCHOOL OF LAW

(&e above interpretation seems to be too strict. 2t
seems in effect to require a special la" for ever%
instance of additional or double compensation. )n
obiter dictum in te later case of 3uimson v.
45aeta, $*67, approves of a more liberal and
peraps administrativel% more rational approac.)
47
Li#eal Intepetation9 7Accordin$ to law, under
certain circumstances, the :resident ma% authori>e
double compensation in some cases, such as
$overnment o##icials actin$ as members with
compensation in $overnment e'aminin$ boardO,
or department secretaries actin$ as members o#
Board o# Directors o# $overnment corporations, and
in such cases the prohibition a$ainst double
compensation is not observed. I# the :resident
approves the double compensation, well and $ood.
The appointee whose appointment ma% then be
re$arded as valid #rom the be$innin$ could receive
e'tra compensation. I# it is disapproved, then the
appointment will have to be withdrawn or
cancelled, unless o# course, the appointee was
willin$ to serve without compensation, in which
case there would be no valid ob(ection. (Fuimson
v. 2>aeta, ED :hil 9C<, 9CE-9-C))
0hen a law sa%s that mone% $enerated b% a school
ma% be used #or 7other pro$ramsGpro(ects o# the
universit% or colle$e,8 such a law is not
authori>ation #or $ivin$ additional or double
compensation.
=9
&' +pon optional retirement #rom the (udiciar% on April -,
-EE., antos was #ull% paid o# his retirement $ratuit%
under ?A E-C, as amended. Aor #ive %ears therea#ter he
has been receivin$ a monthl% pension. Therea#ter he was
appointed Director III o# the de#unct ))A.
D1E Can he continue to receive his pension while receivin$
salar% as director1
A' Jes. The second para$raph o# ection D means that a
retiree receivin$ pension o# $ratuit% can continue to
receive such pension or $ratuit% even i# he accepts
another $overnment position to which another
compensation is attached.
D2E +pon separation #rom ))A, can his separation pa%
under ?A 9.E= include %ears o# service in (udiciar%1
A' "o. That would be double compensation #or the same
service in the (udiciar% #or which he has alread% been
paid. ection -- o# ?A 9E.= does not speci#icall%
authori>e pa%ment o# additional compensation #or %ears
o# $overnment outside o# the ))A. (antos v. CA,
.CCC)
=D
O. O%t( o, Alle)i%nce
All public o##icers and emplo%ees shall ta4e an oath
or a##irmation to uphold and de#end this
Constitution. (Art. IX-B, 6=)
46
Bernas Primer at 3"# (2006 ed.)
47
Benguet State U v. Colting, :.2. 3o. 16#637, 5une ", 2007.
4"
Bernas Primer at 3#0 (2006 ed.)
III. Commission on 7lections
Composition of COMELEC
3ualifi!ations of COMELEC Commissiones
Appointment of COMELEC Commissiones
Independen!e of COMELEC
Natue of COMELEC Po2es
Constitutional Po2es and O#1e!ti%es
Statuto$ Po2es of COMELEC
En ,an! and Di%ision Cases
-udi!ial Re%ie2
Open Pat$ S$stem
Repesentation
Ele!tions
Section 1. (-) There shall be a Commission on
!lections composed o# a Chairman and si'
Commissioners who shall be natural-born citi>ens o#
the :hilippines and, at the time o# their appointment,
at least thirt%-#ive %ears o# a$e, holders o# a colle$e
de$ree, and must not have been candidates #or an%
elective positions in the immediatel% precedin$
elections. @owever, a ma(orit% thereo#, includin$ the
Chairman, shall be members o# the :hilippine Bar
who have been en$a$ed in the practice o# law #or at
least ten %ears.
(.) The Chairman and the Commissioners shall be
%ears without reappointment. 2# those #irst
appointed, three )embers shall hold o##ice #or seven
%ears, two )embers #or #ive %ears, and the last
)embers #or three %ears, without reappointment.
temporar% or actin$ capacit%.
Sec. 2. The Commission on !lections shall e'ercise
the #ollowin$ powers and #unctions,
(-) !n#orce and administer all laws and re$ulations
relative to the conduct o# an election, plebiscite,
initiative, re#erendum, and recall.
(.) !'ercise e'clusive ori$inal (urisdiction over all
contests relatin$ to the elections, returns, and
*uali#ications o# all elective re$ional, provincial, and
cit% o##icials, and appellate (urisdiction over all
contests involvin$ elective municipal o##icials decided
b% trial courts o# $eneral (urisdiction, or involvin$
elective baran$a% o##icials decided b% trial courts o#
limited (urisdiction.
Decisions, #inal orders, or rulin$s o# the Commission
on election contests involvin$ elective municipal and
baran$a% o##ices shall be #inal, e'ecutor%, and not
appealable.
(/) Decide, e'cept those involvin$ the ri$ht to vote,
all *uestions a##ectin$ elections, includin$
determination o# the number and location o# pollin$
places, appointment o# election o##icials and
inspectors, and re$istration o# voters.
(=) Deputi>e, with the concurrence o# the :resident,
law en#orcement a$encies and instrumentalities o#
the &overnment, includin$ the Armed Aorces o# the
:hilippines, #or the e'clusive purpose o# ensurin$
#ree, orderl%, honest, peace#ul, and credible
elections.
-<
SCHOOL OF LAW

(<) ?e$ister, a#ter su##icient publication, political
parties, or$ani>ations, or coalitions which, in addition
to other re*uirements, must present their plat#orm or
pro$ram o# $overnment5 and accredit citi>ensP arms
o# the Commission on !lections. ?eli$ious
denominations and sects shall not be re$istered.
Those which see4 to achieve their $oals throu$h
violence or unlaw#ul means, or re#use to uphold and
adhere to this Constitution, or which are supported
b% an% #orei$n $overnment shall li4ewise be re#used
re$istration.
Ainancial contributions #rom #orei$n $overnments and
their a$encies to political parties, or$ani>ations,
coalitions, or candidates related to elections,
constitute inter#erence in national a##airs, and, when
accepted, shall be an additional $round #or the
cancellation o# their re$istration with the
Commission, in addition to other penalties that ma%
be prescribed b% law.
(B) Aile, upon a veri#ied complaint, or on its own
initiative, petitions in court #or inclusion or e'clusion
o# voters5 investi$ate and, where appropriate,
prosecute cases o# violations o# election laws,
includin$ acts or omissions constitutin$ election
#rauds, o##enses, and malpractices.
(9) ?ecommend to the Con$ress e##ective measures
to minimi>e election spendin$, includin$ limitation o#
places where propa$anda materials shall be posted,
and to prevent and penali>e all #orms o# election
#rauds, o##enses, malpractices, and nuisance
candidacies.
(D) ?ecommend to the :resident the removal o# an%
o##icer or emplo%ee it has deputi>ed, or the
imposition o# an% other disciplinar% action, #or
violation or disre$ard o#, or disobedience to, its
directive, order, or decision.
(E) ubmit to the :resident and the Con$ress, a
comprehensive report on the conduct o# each
election, plebiscite, initiative, re#erendum, or recall.
Section 3. The Commission on !lections ma% sit en
banc or in two divisions, and shall promul$ate its
rules o# procedure in order to e'pedite disposition o#
election cases, includin$ pre- proclamation
controversies. All such election cases shall be heard
and decided in division, provided that motions #or
reconsideration o# decisions shall be decided b% the
Commission en banc.
Section 4. The Commission ma%, durin$ the election
period, supervise or re$ulate the en(o%ment or
utili>ation o# all #ranchises or permits #or the
operation o# transportation and other public utilities,
media o# communication or in#ormation, all $rants,
special privile$es, or concessions $ranted b% the
&overnment or an% subdivision, a$enc%, or
instrumentalit% thereo#, includin$ an% $overnment-
owned or controlled corporation or its subsidiar%.
uch supervision or re$ulation shall aim to ensure
e*ual opportunit%, and e*ual rates there#or, #or public
in#ormation campai$ns and #orums amon$
candidates in connection with the ob(ective o# holdin$
#ree, orderl%, honest, peace#ul, and credible
elections.
Section 5. "o pardon, amnest%, parole, or
suspension o# sentence #or violation o# election laws,
rules, and re$ulations shall be $ranted b% the
:resident without the #avorable recommendation o#
the Commission.
Section 6. A #ree and open part% s%stem shall be
allowed to evolve accordin$ to the #ree choice o# the
people, sub(ect to the provisions o# this Article.
Section . "o votes cast in #avor o# a political part%,
or$ani>ation, or coalition shall be valid, e'cept #or
those re$istered under the part%-list s%stem as
provided in this Constitution.
Section !. :olitical parties, or or$ani>ations or
coalitions re$istered under the part%-list s%stem, shall
not be represented in the votersP re$istration boards,
boards o# election inspectors, boards o# canvassers,
or other similar bodies. @owever, the% shall be
entitled to appoint poll watchers in accordance with
law.
Section 6. +nless otherwise #i'ed b% the
Commission in special cases, the election period
shall commence ninet% da%s be#ore the da% o#
election and shall end thirt% da%s therea#ter.
Section 1I. Bona #ide candidates #or an% public
o##ice shall be #ree #rom an% #orm o# harassment and
discrimination.
Section 11. Aunds certi#ied b% the Commission as
necessar% to de#ra% the e'penses #or holdin$ re$ular
and special elections, plebiscites, initiatives,
re#erenda, and recalls, shall be provided in the
re$ular or special appropriations and, once
approved, shall be released automaticall% upon
certi#ication b% the Chairman o# the Commission.
A. Com#osition o, COM7L7C
There shall be a Commission on !lections
composed o# a C(%irm%n %n" si>
Commissioners. (Article IX-C, ection -(-))
+. &$%li,ic%tions o, Mem-ers o, COM7L7C
1. "atural-born citi>ens o# the :hilippines5
#ive %ears o# a$e5
/. @olders o# a colle$e de$ree5
4. )ust not have been candidates #or an%
elective positions in the immediatel% precedin$
elections.
A ma(orit% thereo#, includin$ the Chairman, shall be
members o# the :hilippine Bar who have been
en$a$ed in the practice o# law #or at least ten
%ears. (Article IX-C, ection -(-))
&' Aor purposes o# this provision, what does
7engaged in t"e pa!ti!e of la28 mean1
A' It means to en$a$e in 7an% activit%, in or out o#
court, which re*uires the application o# law, le$al
procedure, 4nowled$e, trainin$ and e'perience.8
(Ca%etano v. )onsod, -EE-)
-B
SCHOOL OF LAW

C. A##ointment o, COM7L7C Mem-ers
The Chairman and the Commissioners shall be
%ears without reappointment.
2# those #irst appointed, three )embers shall hold
o##ice #or seven %ears, two )embers #or #ive %ears,
and the last )embers #or three %ears, without
reappointment.
temporar% or actin$ capacit%. (Article IX-C, ection
-(.))
&' 0hat is the common startin$ point #or appointees
to the Commission1
A' 4e-r$%r* 25 16!5 the da% the new Constitution
too4 e##ect. Thus, in rec4onin$ the seven %ear term,
countin$ must alwa%s start #rom Aebruar% . even i#
the appointee too4 o##ice later. This wa% the
sta$$erin$ o# the terms is preserved.
=E
4%cts' ?espondents were appointed as ad interim
Chairman and Commissioners o# the C2)!3!C. As their
appointments were not acted upon b% the Commission on
Appointments (C2A), the :resident renewed their ad
interim appointments twice. :etitioner *uestioned the
validit% o# appointments on the $round that the% violated
the constitutional prohibition a$ainst temporar%
appointments and reappointments to the C2)!3!C.
<el"' An ad interim appointment is a permanent
appointment, because it ta4es e##ect immediatel% and can
no lon$er be withdrawn b% the :resident once the
appointee has *uali#ied into the o##ice. The #act that is
sub(ect to con#irmation b% C2A does not alter its
permanent character. An ad interim appointment means it
is a permanent appointment made b% the :resident in the
meantime that Con$ress is in recess.
T(e #ro(i-ition on re%##ointment in Section 1D2I5
Article IXAC o, t(e Constit$tion "oes not %##l* to %
-*A#%sse" %" interim %##ointment5 -ec%$se t(ere is
no ,in%l "is%##rov%l $n"er Article HII5 Section 16.
T(ere m$st -e con,irm%tion -* t(e COA o, t(e
#revio$s %##ointment -e,ore t(e #ro(i-ition on
%##ointment c%n %##l*. I# an interim appointment
cannot be renewed, the :resident will hesitate to ma4e ad
interim appointments because most o# the appointees will
e##ectivel% disapproved b% mere inaction o# the C2A. This
will nulli#% the constitutional power o# the :resident to
ma4e ad interim appointments. ()atiba$ v. Benipa%o,/DC
C?A =E)
<C
&' In the absence o# a Chairman o# the C2)!3!C, the
:resident desi$nated Commissioner Jorac Actin$
Chairman. ;alid1
A' "o. Article IX-C, ection -(.) prohibits the
appointment o# )embers in a temporar% or actin$
4#
$0
5acinto 5imenez, Political a! Compendium, 3"1 (2006 ed.)
capacit%. The choice o# temporar% chairman #all under the
discretion o# the Commission and cannot be e'ercised #or
it b% the :resident. (Brillantes v. Jorac, -EEC)
/. In"e#en"ence o, COM7L7C
Aor violatin$ the constitutional mandate o#
independence o# the C2)!3!C, ections -9.-E
and .< o# ?A E-DE (4verseas )bsentee 8oting )ct
of 200/) inso#ar as the% relate to the creation o#
Ioint Con$ressional 2versi$ht Committee and
$rant to it the power to review, revise, amend and
approve the Implementin$ ?ules and ?e$ulations
promul$ated b% the C2)!3!C, were declared
unconstitutional. ()a4alintal v. C2)!3!C, .CC/)
7. N%t$re o, #o;ers o, t(e COM7L7C
3i4e the CC, the C2)!3!C is an administrative
a$enc%. As such, there#ore, the power it possesses
are e>ec$tive5 0$%siA:$"ici%l %n" 0$%siA
le)isl%tive.
B% e'ception, however, it has been $iven :$"ici%l
#o;er as (ud$e with e'clusive ori$inal (urisdiction
over 7all contest relatin$ to the election, returns,
and *uali#ications o# all elective re$ional, provincial,
and cit% o##icials, and appellate (urisdiction over all
contest involvin$ elective municipal o##icials
decided b% trial courts o# $eneral (urisdiction or
involvin$ elective baran$a% o##icials decided b% trial
courts o# limited (urisdiction.
<-
4. Constit$tion%l Po;ers o, COM7L7C (under Article
IX-C)
((ead complete te0t of Section 2 above)
1. 7n,orcement o, election l%;s. (ection .
(-), (=),(B) and (D)).
2. /eci"in) election contests. (ection
.(.)).
3. /eci"in) A"ministr%tive &$estions.
(ection .(/)).
4. /e#$tiG%tion o, L%;Aen,orcement
%)encies. (ection .(=)).
$. 3e)istr%tion o, Politic%l P%rties.
(ection .(<))
6. Im#rovement o, elections. (ection .(9),
(D) and (E)).
7. Po;er to Prom$l)%te 3$les (ection /)
". S$#ervision or re)$l%tion o, ,r%nc(ises
(ection =)
#. Po;er to recommen" e>ec$tive
clemenc* ,or viol%tion o, election l%;s %n"
r$les. (ection <)
10. In s#eci%l c%ses5 #o;er to ,i> t(e
election #erio". (ection E)
$1
-9
SCHOOL OF LAW

1. 7n,orcement o, 7lection L%;s
Section 2D1E' 7The Commission on !lections
shall ''' KeLn#orce and administer all laws and
re$ulations relative to the conduct o# an
election, plebiscite, initiative, re#erendum, and
recall.8
(See also Section 2(7) and (+))
uch authorit% includes,
1. :romul$ate rules and re$ulations #or the
implementation o# election laws. (&allardo
v. Tabamo, -EE/)
2. :ower to Ascertain identit% o# a political
part% and its le$itimate o##icer. (3D: v.
C2)!3!C)
3. B% virtue o# such authorit%, the C2)!3!C
can re*uire compliance with the rules #or
the #ilin$ o# certi#icates o# candidac%,
prevent or prosecute election o##enses,
supervise the re$istration o# voters and
the holdin$ o# the polls, and see to tie that
the canvass o# the votes and the
proclamation o# the winners are done in
accordance with law.
<.
4. uch authorit% includes the power to
annul an ille$al re$istr% o# voters, to
cancel a proclamation made b% the board
o# canvassers on the basis o# irre$ular or
incomplete canvass, and even to oust the
candidate proclaimed notwithstandin$ that
he has alread% assumed o##ice. It ma%
also re(ect nuisance candidates.
</
$. :ower to annul an entire municipal
election on the $round o# post-election
terrorism. (C2)!3!C has e'tensive powers
under the $eneral authorit% to 7en#orce and
administer all laws relative to the conduct o#
elections.8 (Biliwan$ v. C2)!3!C, -ED.) (@ere
the C2)!3!C had #ound that it was impossible
to distin$uish the ille$al #rom the valid returns.
("ote also that the C2)!3!C annulled the
elections a#ter proclamation))
Po;er to #rom$l)%te r$les %n" re)$l%tions ,or
t(e im#lement%tion o, election l%;s. The
Commission ma% promul$ate rules and re$ulations
#or the implementation o# election laws. uch
power is deemed implicit in the power to
implement re$ulations. (&allardo v. Tabamo, -EE/)
Accordin$l%, where the sub(ect o# the action is
the en#orcement o# the provisions o# the
2mnibus !lection Code, the case is within the
e'clusive (urisdiction o# the C2)!3!C, not o#
the re$ular courts. (&allardo v. Tabamo, -EE/)
$2
$3
Po;er to Ascert%in i"entit* o, % #olitic%l #%rt*
%n" its le)itim%te o,,icer. The power to en#orce
and administer laws relative to the conduct
elections, decide all *uestions a##ectin$ elections,
re$ister and re$ulate political parties, and ensure
orderl% elections, include the ascertainment o# the
identit% o# political part% and its le$itimate o##icers.
(3D: v. C2)!3!C, .CC=) (In this case the C
held that the C2)!3!C erred in resolvin$ the
controvers% b% $rantin$ o##icial candidate status to
the 3D: candidates either the 7An$ara 0in$8 or the
7A*uino 0in$8, because clearl%, it is the :art%
Chairman, who is the Chie# !'ecutive 2##icer o# the
:art%, who has the authorit% to represent the part%
in all e'ternal a##airs and concerns, and to si$n
documents #or and in its behal#.)
The re$ular courts have no (urisdiction to entertain
a petition to en(oin the construction o# public wor4s
pro(ects within =< da%s be#ore an election.
(&allardo v. Tabamo, .-D C?A .</)
shall ''' KdLeputi>e, with the concurrence o# the
:resident, law en#orcement a$encies and
instrumentalities o# the &overnment, includin$
the Armed Aorces o# the :hilippines, #or the
e'clusive purpose o# ensurin$ #ree, orderl%,
honest, peace#ul, and credible elections.8
Section 2D!E' 7The Commission on !lections
shall ''' KrLecommend to the :resident the
removal o# an% o##icer or emplo%ee it has
deputi>ed, or the imposition o# an% other
disciplinar% action, #or violation or disre$ard o#,
or disobedience to, its directive, order, or
decision.8
Article IXAC5 Section 2D!EJ Section 525 Omni-$s
7lection Co"e' The C2)!3!C has the power to
recommend the imposition o# disciplinar% action
upon an emplo%ee it has deputi>ed #or violation o#
its order.
ince the C2)!3!C can recommend that
disciplinar% action be ta4en a$ainst an o##icer it
had deputi>ed, it can investi$ate an
administrative char$e a$ainst such an o##icer
to determine whether or not it should
recommend that disciplinar% action be ta4en
a$ainst him. (Tan v. C2)!3!C, ./9 C?A
/</)
shall ''' K#Lile, upon a veri#ied complaint, or on
its own initiative, petitions in court #or inclusion
or e'clusion o# voters5 investi$ate and, where
appropriate, prosecute cases o# violations o#
election laws, includin$ acts or omissions
constitutin$ election #rauds, o##enses, and
malpractices.8
-D
SCHOOL OF LAW

@$ris"iction to investi)%te %n" #rosec$te
c%ses. The C2)!3!C has e>cl$sive (urisdiction
to investi$ate and prosecute cases #or violations o#
election laws. (De Iesus v. :eople, -.C C?A 9BC)
@owever, the C2)!3!C ma% validl% dele$ate this
power to the :rovincial Aiscal K:rosecutorL. (:eople
v. Iud$e Basilla, -9E C?A D9)
4in"in) o, #ro-%-le c%$se. It is well-settled that
the #indin$ o# probable cause in the prosecution o#
election o##enses rests in the C2)!3!CHs sound
discretion. The C2)!3!C e'ercises the
constitutional authorit% to investi$ate and where
appropriate, prosecute cases #or violation o#
election laws, includin$ acts or omissions
constitutin$ election, #raud, o##enses and
malpractices. (Ba%tan v. C2)!3!C, .CC/)
No o-li)%tion to se%rc( ,or evi"ence nee"e".
C2)!3!C has no obli$ation to search #or the
evidence needed. 8The tas4 o# the C2)!3!C as
investi$ator and prosecutor, actin$ upon an%
election o##ense complaint is not searchin$ and
$atherin$ o# proo# in support o# a complaint #or
alle$ed commission o# an election o##ense. A
complainant, who in e##ect accuses another person
o# havin$ committed an act constitutin$ an election
o##ense, has the burden, as it is his responsibilit% to
#ollow throu$h his accusation and prove the
complaint.8
<=
S$-:ect to %$t(orit* o, tri%l :$")e. 0hen the
Commission acts as prosecutor, its actions and
decision are sub(ect to the authorit% o# the trial
(ud$e. !ven a#ter the Commission has decided that
an in#ormation be #iled, a trial (ud$e be#ore whom
the in#ormation is #iled ma% still order
reinvesti$ation.
A$t(orit* to "eci"e ;(et(er to %##e%l. This
power to investi$ate and prosecute election law
violations includes the authorit% to decide whether
or not to appeal the dismissal o# a criminal case b%
the trial court. (C2)!3!C v. ilva, .DB C?A -99)
&' The C2)!3!C is $iven authorit% to investi$ate
and prosecute violations o# the election law and
ection 9 sa%s that decisions, orders and rulin$s o#
the Commission ma% be reviewed onl% b% the C
on certiorari. A#ter the preliminar% investi$ation
conducted b% C2)!3!C law%ers and a#ter the
C2)!3!C approves the report and orders the
#ilin$ o# a criminal case, ma% the trial court order a
reinvesti$ation and re*uire the presentation o# the
records o# the preliminar% investi$ation made b%
the C2)!3!C1
A' Jes. The #inal orders, rulin$s and decision o# the
C2)!3!C reviewable on certiorari b% the C as
provided b% law are those rendered in actions o#
proceedin$s be#ore the C2)!3!C and ta4en
co$ni>ance o# b% said bod% in the e'ercise o# its
ad(udicator% or *uasi-(udicial powers. (such as
$4
;ilos'a*an ). C-&..C (1##7)
decisions in election contests. It does not re#er to
prosecutor% #unction o# the Commission) The ?TC
on the other hand, is $iven e'clusive authorit% to tr%
and decide criminal cases involvin$ elections.
0hen the C2)!3!C as prosecutor #iles a case
be#ore a trial court, the trial court ac*uires
(urisdiction and all subse*uent dispositions o# the
case must be sub(ect to approval b% the court.
@ence, the court ma% order reinvesti$ation and
re*uire submission o# records o# the preliminar%
e'amination to satis#% itsel# that there is probable
cause #or the issuance o# a warrant o# arrest.
(:eople v. @on. Del$ado, -EEC)
The power o# the Commission under ection .(B)
covers not (ust criminal cases but also
administrative cases. (Thus, where the
Commission has deputi>ed a Cit% :rosecutor as
election canvasser, such :rosecutor cannot claim
immunit% #rom the power o# the Commission on the
ar$ument that he comes under the e'ecutive
department. The Commission has power all
persons re*uired b% law to per#orm duties relative
to the conduct o# elections. @owever, under
ection .(D), the Commission ma% merel% issue a
recommendation #or disciplinar% action to the
:resident.)
<<
2. /eci"in) 7lection Contests
shall ''' KeL'ercise e>cl$sive ori)in%l
:$ris"iction over all contests relatin$ to the
elections, returns, and *uali#ications o# all
elective re$ional, provincial, and cit% o##icials,
and %##ell%te :$ris"iction over all contests
involvin$ elective municipal o##icials decided b%
trial courts o# $eneral (urisdiction, or involvin$
elective baran$a% o##icials decided b% trial
Decisions, #inal orders, or rulin$s o# the
Commission on election contests involvin$
elective municipal and baran$a% o##ices shall be
#inal, e'ecutor%, and not appealable. 7
Po;ers $n"er Section 2D2E'
1. 7>cl$sive ori)in%l :$ris"iction over all
contests relatin$ to the elections, returns, and
*uali#ications o# all elective re$ional, provincial,
and cit% o##icials5
2. A##ell%te :$ris"iction over all contests
involvin$ elective municipal o##icials decided b% trial courts
o# $eneral (urisdiction, or involvin$ elective baran$a%
o##icials decided b% trial courts o# limited (urisdiction.
(&e enumeration found in Section 2(2)
e0cludes 1urisdiction over elections for te
Sangguniang 9abataan. :urisdiction over
tese is given to te D2;<. ()lunan 222 v.
#irasol, $**,)
The C2)!3!C shall e'erciseO e>cl$sive
ori)in%l :$ris"iction over all contests relatin$ to
$$
Bernas Commentar*, p 10$$ (2003 ed).
-E
SCHOOL OF LAW

the elections, returns, and *uali#ications o# all
elective re$ional, provincial, and cit% o##icials.
<B
8(o "eci"es #ro-lems involvin)
1elections5 ret$rns5 %n" 0$%li,ic%tions2 o,
c%n"i"%tes=
Con)ression%l C%n"i"%te' 2nce a winnin$
candidate has been proclaimed, ta4en his
oath, and assumed o##ice as a )ember o# the
@ouse o# ?epresentatives, C2)!3!CHs
(urisdiction over election contests relatin$ to
his election, returns and *uali#ications ends,
and the @?!T8s own (urisdiction be$ins
(A$$abao v. C2)!3!C, .CC<)
M$nici#%l O,,ices' In the case o# municipal
o##ices5 even i# the case be$an with the
C2)!3!C be#ore proclamation be#ore the
controvers% is resolved, it ceases to be a pre-
proclamation controvers% and becomes a
contest co$ni>able b% the Court o# Airst
Instance.
<9
&' 0hat is the di##erence between the (urisdiction
o# the C2)!3!C be#ore the proclamation and its
(urisdiction a#ter proclamation1
A' The di##erence lies in the due process
implications. C2)!3!CHs (urisdiction over a pre-
proclamation controvers% is administrative or *uasi-
(udicial and is $overned b% the less strin$ent
re*uirements o# administrative due process
(althou$h the C has insisted that *uestion on
7*uali#ications8 should be decide onl% a#ter a #ull-
dress hearin$).
C2)!3!CHs (urisdiction over 7contests8 is (udicial
and is $overned b% the re*uirements o# (udicial
process. @ence, even in the case o# re$ional or
provincial or cit% o##ices, it does ma4e a di##erence
whether the C2)!3!C will treat it as a pre-
proclamation controvers% or as a contest.
<D
7>cl$sive @$ris"iction over #reA#rocl%m%tion
c%ses. The C2)!3!C shall have e'clusive
(urisdiction over all pre-proclamation controversies.
(B: DD-, ection .=.) This should be construed as
re#errin$ onl% to re$ional, provincial and cit%
o##icials.(:an$ilinan v. C2)!3!C)
<E
?A 9-BB ection -< #ro(i-its #reA#rocl%m%tion
controversies in n%tion%l o,,ices De>ce#t on
0$estions involvin) t(e com#osition %n"
#rocee"in)s o, t(e +o%r" o, C%nv%ssersE.
6I
As re$ards national o##ices, "o pre-proclamation
case is allowed re$ardin$ the preparation,
transmission, receipt, custod% and appreciation o#
$6
<ean Bautista= <ecide >uestions a,,ectin( elections ('ut not to 'e
)oted ,or).
$7
$"
$#
5acinto 5imenez, Political a! Compendium, 3#0 (2006 ed.)
60
0ntonio B. 3achura, -utline42e)ie!er in Political a! 330 (2006
ed.)
the election returns or certi#icate o# canvass.
(:an$ilinan v. C2)!3!C, ..D C?A /B)
B-
In a con$ressional election, the losin$
candidate cannot #ile a petition #or correction
o# mani#est errors. (;in>ons-Chato v.
C2)!3!C, <.C C?A -BB)
B.
&' Does the C2)!3!C have authorit% to review contests
involvin$ the election o# o##icers o# a baran$a% #ederation1
A' "o. the power o# the C2)!3!C is over popular
elections. (Taule v. ecretar% antos, -EE-)
The C2)!3!C shall have Oa##ell%te :$ris"iction
over all contests involvin$ elective municipal o##icials
decided b% trial courts o# $eneral (urisdiction, or
involvin$ elective baran$a% o##icials decided b% trial
A##ell%te @$rsi"iction. The C2)!3!C e'ercises
appellate (urisdiction over contests involvin$
municipal or baran$a% o##icials as ori$inall% decided
b% re$ional or municipal trial courts, and its
decision in these cases shall be #inal, e'ecutor%
and not appealable
&' ection E o# ?A BB9E ma4es decisions o# a
municipal or metropolitan court in a baranga%
election appealable to the re$ional trial court. Is this
valid1
A' "o. The C2)!3!C has e'clusive appellate
(urisdiction over all contests involvin$ baranga%
elective o##icials decided b% trial court o# limited
(urisdiction. The (urisdiction o# the C2)!3!C,
however, is over *uestions o# #act5 *uestions o# law
$o to the upreme Court. (Alores v. C2)!3!C,
-EEC)
Po;er to iss$e ;rits. The appellate
(urisdiction includes, b% virtue o# ection <C o#
B: EB9, the power to issue writs o# certiorari,
prohibition and mandamus.
B/
The C2)!3!C has the power to review
decisions o# municipal courts on municipal
election contests. And when it does so, the
entire case is not opened as what happens in
appeals on criminal cases.
B=
Perio" to A##e%l ,rom 3TC. Appeal to the
C2)!3!C #rom the ?TC must be #iled within
< da%s #rom receipt o# a cop% o# the decision. A
motion #or reconsideration o# the ?TC decision
is a prohibited pleadin$, and does not interrupt
the runnin$ o# the period #or appeal. (;eloria v.
C2)!3!C)
B<
61
5acinto 5imenez, .lection a! 37 (200").
62
5acinto 5imenez, .lection a! 37 (200").
63
Bernas Commentar*, p 104" (2003 ed).
64
Manzala v. Comelec, :2 176211m &a* ", 2007.
6$
ed.)
.C
SCHOOL OF LAW

+nder C2)!3!C ?ules o# :rocedure, the
mere #ilin$ o# the "otice o# Appeal is not
enou$h5 it should be accompanied b% pa%ment
o# the correct amount o# appeal #ee, in order
that the appeal ma% be deemed per#ected.
BB
7>ec$tion Pen"in) A##e%l. The C2)!3!C
cannot deprive the ?TC o# its competence to
order e'ecution o# (ud$ment pendin$ appeal,
because the mere #ilin$ o# appeal does not
divest the trial court o# its (urisdiction over a
case and the authorit% to resolve pendin$
incidents. (!ddin$ v. C2)!3!C, .=B C?A
<C.)
B9
3%tion%le. uch e'ception is allowed in
election cases 7to $ive as much reco$nition to
the worth o# the trial (ud$eHs decision as that
which is initiall% ascribed b% the law to the
proclamation o# the board o# canvassers8.
Indeed, to deprive trial courts o# their discretion
to $rant e'ecution pendin$ appeal would 7brin$
bac4 the $host o# the Q$rab-the-proclamation,
prolon$ the protestH techni*ues so o#ten
resorted to b% devious politicians in the past in
their e##orts to perpetuate their hold on an
elective public o##ice.8 (antos v. C2)!3!C,
.CC/)
BD
It was held that ?TC ma% $rant a motion #or
e'ecution pendin$ appeal when there are valid
and special reasons to $rant the same such as,
-. The public interest or the will o#
the electorate5
.. The shortness o# the remainin$
portion o# the term5
/. The len$th o# time that the
election contest has been pendin$.
("avarosa v. C2)!3!C, .CC/)
The motion #or e'ecution pendin$ appeal
should be #iled be#ore the e'piration o# the
period #or appeal. (?elampos v. Cumba, .=/
C?A 9<9)
&' Does the C2)!3!C have (urisdiction to issue
writs o# certiorari, mandamus, quo "arranto or
abeas corpus1
A' Jes, it does, but onl% in aid o# its appellate
(urisdiction over election protest cases involvin$
elective municipal o##icials decided b% courts o#
$eneral (urisdiction. (This means that its (urisdiction
is concurrent with that o# the upreme Court under
Article ;III, ection <(-). (Carlos v. Iud$e An$eles,
.CCC)
BE
Con)ression%l C%n"i"%te. The $eneral rule is
that the proclamation o# a con$ressional candidate
66
ed.)
67
ed.)
6"
ed.)
6#
divests C2)!3!C o# (urisdiction in #avor o# the
proper !lectoral Tribunal R unless the proclamation
was invalid.
9C
Ple-iscites. The Comelec has (urisdiction over
cases involvin$ plebiscites. Thus where the
*uestion was whether the electorate o# Ta$ui$
voted in #avor o#, or a$ainst the conversion o# the
municipalit% o# Ta$ui$ into a hi$hl% urbani>ed cit% in
the plebiscite conducted #or the purpose, the
Comelec correctl% assumed (urisdiction. The
problem was not #or re$ular courts. It was not a
case callin$ #or the e'ercise o# (udicial power since
it did not involve the violation o# an% le$all%
demandable ri$ht and its en#orcement. There was
no plainti## or de#endant in the case. It merel%
involved the ascertainment o# the vote o# the
electorate o# Ta$ui$.
9-
&' Does the Commission have the power to trans#er
municipalities #orm one con$ressional district to another
#or the purpose o# preservin$ proportionalit%1
A' "o. This is not one o# the broad power $ranted b%
ection .(.). "either is it what is re#erred to b% the
2rdinance Appended to the Constitution (ections . and
/) authori>in$ the Commission to ma4e 7 minor
ad(ustments8. The deliberations o# the Constitutional
Commission on the sub(ect clearl% e'cluded the power to
trans#er whole municipalities. ()onte(o v. C2)!3!C,
-EE<)
Po;er to P$nis( Contem#t. The power to punish
contempt can be e'ercised onl% in connection with
(udicial #unctions and not administrative #unctions.
()asan$ca% v. C2)!3!C, B C?A .9)
Decisions, #inal orders, or rulin$s o# the
Commission on election contests involvin$
elective municipal and baran$a% o##ices s(%ll
-e ,in%l5 e>ec$tor*5 %n" not %##e%l%-le. 7
. (&is rule does not conflict "it te minimum
appellate 1urisdiction of te SC under )rticle 8222,
Section 6(2), "ic covers onl% te final 1udgments
and orders of courts of 1ustice. &e Commission is
not a 1udicial tribunal but onl% an administrative
bod%.) It should be noted that, its decisions, orders
and rulin$s ma% be challen$ed in a petition #or
certiorari with the C under Article IX-A, ection 9,
on the $round o# $rave abuse o# discretion.
9.
The non-appealable character re#ers onl% to
*uestions o# #act and not o# law. uch decisions
remain sub(ect to the (urisdiction o# the C throu$h
the special civil action o# certiorari under ?ule B< in
accordance with Article IX-A, ection 9.(?ivera v.
C2)!3!C, -EE-)
3. /eci"in) A"ministr%tive &$estions
70
Planas v Comelec, G.R. No. 167594, March 10, 2006.
71
Buac and Bautista v. Comelec, :.2. 3o. 1$$"$$, 5anuar* 26,
2004.
72
Cruz, Philippine Political a!, p. 311 (1##$ ed).
.-
SCHOOL OF LAW

shall ''' KdLecide, e'cept those involvin$ the
ri$ht to vote, all *uestions a##ectin$ elections,
includin$ determination o# the number and
location o# pollin$ places, appointment o#
election o##icials and inspectors, and re$istration
o# voters.8
&$estions on 3i)(t to Hote. The C2)!3!C
cannot decide the ri$ht to vote, which re#ers to the
inclusion or e'clusion o# voters. (.CC- Bar
Fuestion)
The Constitution prevents the C2)!3!C, in
the e'ercise o# its administrative powers and
#unctions, to decide *uestions involvin$ the
ri$ht to vote. (It ma% do so, however, in the
dischar$e o# its duties concernin$ re$istration
o# voters, e'cept that its decision shall be
sub(ect to (udicial review. uch power comes
within its *uasi-(udicial authorit% and ma% be
validl% e'ercised as incidental to its powers o#
re$ulation.)
9/
C(%n)e in #ollin) #l%ces. 0hile chan$es in the
location o# pollin$ places ma% be initiated b% the
written petition o# the ma(orit% o# the voters, or b%
a$reement o# all the political parties, ultimatel%, it is
the C2)!3!C that determines whether a chan$e
is necessar% a#ter due notice and hearin$. (Cawasa
v. C2)!3!C, .CC.)
The upreme Court held that the contempt power
con#erred upon the C2)!3!C b% law was an
inherentl% (udiciall% prero$ative and could not be
e'ercised b% it in connection with the dischar$e o#
its purel% routinar% or administrative duties, as
distin$uished #rom *uasi-(udicial duties. (&uevara
v. C2)!3!C)
4. /e#$tiG%tion o, L%; 7n,orcement A)encies
shall ''' KdLeputi>e, with the concurrence o# the
:resident, law en#orcement a$encies and
instrumentalities o# the &overnment, includin$
the Armed Aorces o# the :hilippines, #or the
e'clusive purpose o# ensurin$ #ree, orderl%,
honest, peace#ul, and credible elections.7
It should be stressed that this power ma% be
e'ercised onl% with the consent o# the :resident, or
ne$ativel% stated, ma% not be e'ercised without his
permission.
9=
73
Cruz, Philippine Political a!, p. 313 (1##$ ed)6 Nachura: As an
incident to its duties concernin$ re$istration o# voters, it ma%
decide a *uestion involvin$ the ri$ht to vote, -$t its decision
shall be sub(ect to (udicial review. 0ntonio B. 3achura,
-utline42e)ie!er in Political a! 334 (2006 ed.)
74
Bernas Commentar*, p 10$2 (2003 ed).
&' 0hat is the scope o# power o# the Commission over
deputi>ed o##icers1
A' The power o# the Commission over deputi>ed o##icers
under ection .(B) covers not (ust criminal cases but also
administrative cases. Thus, where the Commission has
deputi>ed a Cit% :rosecutor as election canvasser, such
:rosecutor cannot claim immunit% #orm the power o# the
Commission on the ar$ument that he comes under the
e'ecutive department. The Commission has power over
all persons re*uired b% law to per#orm duties relative to
the conduct o# elections. @owever, under ection .(D),
the Commission ma% merel% issue a recommendation #or
disciplinar% action to the :resident. (Tan v. C2)!3!C,
-EE=)
&' 0hat is one instance that the C2)!3!C is
subordinated to the :resident1
A' ection .(D) provides that the C2)!3!C ma% merel%
7recommend to the :resident the removal o# an% o##icer
or emplo%ee it has deputi>ed, or the imposition o# an%
disciplinar% action, #or violation or disre$ard o#, or
disobedience to, its decision, order, or directive.8
9<
5. 3e)istr%tion o, Politic%l P%rties
Section 2D5E' 7The Commission on elections
shall ''' KrLe$ister, a#ter su##icient publication,
political parties, or$ani>ations, or coalitions
which, in addition to other re*uirements, must
present their plat#orm or pro$ram o#
$overnment5 and accredit citi>ensP arms o# the
Commission on !lections. ?eli$ious
denominations and sects shall not be
re$istered. Those which see4 to achieve their
$oals throu$h violence or unlaw#ul means, or
re#use to uphold and adhere to this Constitution,
or which are supported b% an% #orei$n
$overnment shall li4ewise be re#used
re$istration.
Ainancial contributions #rom #orei$n
$overnments and their a$encies to political
parties, or$ani>ations, coalitions, or candidates
related to elections, constitute inter#erence in
national a##airs, and, when accepted, shall be
an additional $round #or the cancellation o# their
re$istration with the Commission, in addition to
other penalties that ma% be prescribed b% law.8
P$r#ose o, 3e)istr%tion.
1. To ac*uire (uridical personalit%
2. To *uali#% #or accreditation,
3. To be entitled to the ri$hts o# political
parties, a political part% must be re$istered
with the C2)!3!C (ection BC, 2mnibus
!lection Code)
3e%son ,or #resent%tion o, #l%t,orms %n"
#ro)r%ms. It is essential that political parties
present their pro$rams and plat#orms o#
$overnment #or the in#ormation o# the electorate
whose support the% are see4in$ as otherwise the
voters ma% not properl% and intelli$entl% e'ercise
7$
..
SCHOOL OF LAW

their su##ra$es. This rule will also enable the
Commission to determine i# the part% see4in$
re$istration is not entitled thereto because it is a
reli$ious $roup, or is subversive in nature or
purpose, or does not reco$ni>e the Constitution, or
bein$ supported b% a #orei$n $overnment.
Politic%l P%rt*. ection DC o# the -EB< !lection
Code and ection .. o# the -E9- !lection Code
de#ined a political part% as 7an or$ani>ed $roup o#
person pursuin$ the same political ideals in a
$overnment and includes its branches and
divisions..8 the -E9D !lection Code adopted the
a#ore*uoted de#inition b% providin$ in ection -EE
that 7an% other $roup o# persons pursuin$ the same
political ideals in the $overnment ma% re$ister with
the Commission and be entitled to the same ri$ht
and privile$es.8 (&eronimo v. C2)!3!C, -ED-)
9B
?ro$#s ;(ic( c%nnot -e re)istere" %s #olitic%l
#%rties'
-. ?eli$ious denominations or sects5
.. Those who see4 to achieve their $oals
throu$h violence or unlaw#ul means5
/. Those who re#use to uphold and adhere to
the Constitution5 and
=. Those supported b% #orei$n $overnments
(Article IX-C, ection.(<))
?ro$n"s ,or C%ncell%tion o, 3e)istr%tion. +nder
?A 9E=-, C2)!3!C ma% motu propio or upon a
veri#ied complaint o# an% interested part%, re#use or
cancel, a#ter due notice and hearin$, the
re$istration o# an% national, re$ional or sectoral
part%, or$ani>ation or coalition, on an% o# the
#ollowin$ $rounds,
-. It is a reli$ious sect or denomination,
or$ani>ation or association or$ani>ed #or
reli$ious purposes5
.. Advocates violence or unlaw#ul
means to see4 its $oal5
/. It is a #orei$n part% or or$ani>ation5
=. It is receivin$ support #rom an%
#orei$n $overnment5 #orei$n political part%,
#oundation, or$ani>ation, whether directl% or
throu$h an% o# its o##icers or members, or
indirectl% throu$h third parties, #or partisan
election purposes5
<. It violates or #ails to compl% with laws,
rules and re$ulations relatin$ to elections5
B. T declares untruth#ul statements in its
petition5
9. It has ceased to e'ist #or at least one
%ear5
D. It #ails to participate in the last two
precedin$ elections, or #ails to obtain at least
.S o# the votes cast under the part%-list
s%stem in the two precedin$ elections #or the
constituenc% in which it was re$istered.
76
One c%n"i"%te #er #%rt* ,or e%c( Politic%l P%rt*.
The C annulled the C2)!3!C resolution dividin$
the 3D: into 7win$s8, each o# which nominate
candidates #or ever% elective position and be
entitled to representation in the election
committees that the C2)!3!C create. The Court
declared that the electoral process envisions one
candidate #rom a political part% #or each position,
and disunit% and discord amon$st members o# a
political part% should not be allowed to create a
moc4er% thereo#. B% accordin$ both win$s
representation in the election committees, the
C2)!3!C has eroded the si$ni#icance o# political
parties and e##ectivel% divided the opposition. (3D:
v. C2)!3!C)
&' To re$ister #or purposes o# the electoral process, must
an or$ani>ation be a political part%1
A' "o.
99
&' Is there a distinction between an accredited political
part% and a re$istered political part%1
A' The concept o# accreditation no lon$er appears in the
new Constitution. Aor purpose o# the electoral process, all
parties, or$ani>ations and coalitions are considered
e*ual.
9D
6. Im#rovement o, 7lections
Section 2DE' 7The Commission on !lections
shall ''' KrLecommend to the Con$ress e##ective
measures to minimi>e election spendin$,
includin$ limitation o# places where propa$anda
materials shall be posted, and to prevent and
penali>e all #orms o# election #rauds, o##enses,
malpractices, and nuisance candidacies.8
The 2mnibus !lection Code has e'panded the list
o# prohibited election practices, chan$ed the
limitations on the e'penses to be incurred b%
political parties or candidates, allows the
C2)!3!C to re#use to $ive due course to
certi#icates o# nuisance candidates and assures
e*ual treatment #or all candidates privile$ed or
not.
9E
shall ''' KsLubmit to the :resident and the
Con$ress, a comprehensive report on the
conduct o# each election, plebiscite, initiative,
re#erendum, or recall.8
The report mentioned here can be the basis o#
le$islation that ma% improve the conduct o# #uture
elections.
DC
. Po;er to Prom$l)%te 3$les o, Proce"$re
77
7"
7#
"0
./
SCHOOL OF LAW

Section 3' 7The Commission on !lections ma%
sit en banc or in two divisions, and shall
promul$ate its rules o# procedure in order to
e'pedite disposition o# election cases, includin$
pre- proclamation controversies. All such
election cases shall be heard and decided in
division, provided that motions #or
reconsideration o# decisions shall be decided b%
the Commission en banc.
COM7L7C 3$les v. 3$les o, Co$rt. hould there
be a con#lict between a rule o# procedure
promul$ated b% the Commission and a ?ule o#
Court, i# the proceedin$ is be#ore the Commission ,
the Commission rule should prevail5 but i# the
proceedin$ is in court, the ?ules o# Court should
prevail. ( Aruelo v. CA, -EE/)
!. S$#ervision or 3e)$l%tion o, 4r%nc(ises
Section 4' 7The Commission ma%, durin$ the
election period, supervise or re$ulate the
en(o%ment or utili>ation o# all #ranchises or
permits #or the operation o# transportation and
other public utilities, media o# communication or
in#ormation, all $rants, special privile$es, or
concessions $ranted b% the &overnment or an%
subdivision, a$enc%, or instrumentalit% thereo#,
includin$ an% $overnment-owned or controlled
corporation or its subsidiar%. uch supervision
or re$ulation shall aim to ensure e*ual
opportunit%, and e*ual rates there#or, #or public
in#ormation campai$ns and #orums amon$
candidates in connection with the ob(ective o#
holdin$ #ree, orderl%, honest, peace#ul, and
credible elections.8
C(%veG v. COM7L7C5 2II4' The C upheld the
validit% o# ection /., ?esolution "o. B<.C,
providin$ that all materials showin$ the picture,
ima$e or name o# a person, and all advertisements
on print, in radio or on television showin$ the
ima$e or mentionin$ the name o# a person, who
subse*uent to the placement or displa% thereo#
becomes a candidate #or public o##ice shall be
immediatel% removed, otherwise the person and
the radio station shall be presumed to have
conducted premature campai$nin$ in violation o#
ection DC o# the 2mnibus !lection Code.
PPI v. COM7L7C5 244 SC3A 22' The C
invalidated the C2)!3!C resolution re*uirin$
newspapers to $ive, #or #ree, one-hal# pa$e
newspaper space #or use b% the C2)!3!C. This
was held to be an invalid e'ercise o# the police
power, there bein$ no imperious public necessit%
#or the ta4in$ o# the newspaper space.
S8S v. COM7L7C5 1!1 SC3A 526' The C held
that this power ma% be e'ercised onl% over the
media, not over practitioners o# media. Thus, in this
case the C invalidated a C2)!3!C resolution
prohibitin$ radio and T; commentators and
newspaper columnists #rom commentin$ on the
issues involved in the #orthcomin$ plebiscite #or the
rati#ication o# the or$anic law establishin$ the CA?.
&' Does the power to re$ulate media durin$ 7election
period8 also e'tend to the period o# a plebiscite or
re#erendum1
A' Jes. 2# essence to plebiscite and re#erenda is 7#air
submission.8 )oreover, the #ormulation o# the Constitution
is more important in a sense than choice o# men who will
implement that charter. !videntl%, there#ore, re$ulator%
power durin$ the period o# plebiscite or re#erendum, is
also intended. (+nido v. C2)!3!C, -ED-)
6. Po;er to 3ecommen" 7>ec$tive Clemenc*K
Section 5' 7"o pardon, amnest%, parole, or
suspension o# sentence #or violation o# election
laws, rules, and re$ulations shall be $ranted b%
the :resident without the #avorable
recommendation o# the Commission.8
1I. In S#eci%l C%ses5 Po;er to 4i> 7lection
Perio"
Section 6' +nless otherwise #i'ed b% the
Commission in special cases, the election
period shall commence ninet% da%s be#ore the
da% o# election and shall end thirt% da%s
therea#ter.
7lection Perio" v. C%m#%i)n Perio".
Ele!tion peiod re#ers to the period o# time needed
#or administerin$ an election. It can thus $o be%ond
the date #or the castin$ o# ballots.
D-

Campaign peiod re#ers to the period o# active
solicitation o# votes. This ma% be set b% the
le$islature #or a period less than the election
period.
D.
Campaign peiod !annot e7tend
#e$ond t"e ele!tion da$.
D/
&' !numerate some speci#ic recommendator% powers o#
C2)!3!C.
A' ection .(9), (D) and (E). (See also Section 6)
7. St%t$tor* Po;ers
1. The C2)!3!C shall have e0clusive char$e o#
the en#orcement and administration o# all laws
relative to the conduct o# elections. (B: DD-,
ection <.)
.. !'ercise direct and immediate supervision and
control over national and local o##icials or
emplo%ees. (B: DD-, ection <.(a)).
/. The power to authori>e an% members o# AA:,
:":, "BI to act as deputies durin$ the period
o# campai$n and endin$ /C da%s therea#ter
when in an% are o# the countr% there are
"1
Bernas Commentar*, p 1062 (2003 ed).
"2
"3
.=
SCHOOL OF LAW

persons committin$ acts o# terrorism. (B: DD-,
ection <.(b)).
=. :romul$ate rules and re$ulations
implementin$ provisions o# laws which the
Commission is re*uired to en#orce. (B: DD-
ection <.(c)).
$. :ower to summon parties to a controvers%
pendin$ be#ore it. (B: DD-, ection <.(d))
6. Po;er to #$nis( contem#t. (B: DD-, ection
<.(d))
9. :ower to en#orce and e'ecute its decisions,
directives, orders and instructions. (B: DD-,
ection <.(#))
D. :ower to prescribe #orms to be used in the
election, plebiscite or re#erendum.
E. :ower to procure an% supplies, e*uipment,
materials or services needed #or holdin$ o#
elections. (B: DD-, ection <.(h))
10. Po;er to #rescri-e $se or %"o#tion o, t(e
l%test tec(nolo)ic%l "evices. (B: DD-,
ection <.(i))
11. Po;er to #rescri-e l%test tec(nolo)ic%l %n"
electronic "evices $#on notice to
%ccre"ite" #olitic%l #%rties %n" c%n"i"%tes
not less t(%n 3I "%*s -e,ore. T(e
COM7L7C is %$t(oriGe" to $se %n
AUTOMAT7/ 7L7CTION SLST7M ,or t(e
#rocess o, votin)5 co$ntin) votes5 %n"
c%nv%ssin) o, t(e res$lts. (?A D=/B, ection
B)
-.. :ower to carr% out continuin$ s%stematic
campai$n. (B: DD-, ection <.(())
-/. :ower to enlist non-partisan $roup or
or$ani>ations o# citi>ens (B: DD-, ection
<.(4))
14. Po;er to iss$e se%rc( ;%rr%nts durin$
election periods. (B: DD-, ection <9(-))
-<. :ower to stop an% election activit%, or
con#iscate tear down, and stop an% unlaw#ul,
libelous, misleadin$ or #alse election
propa$anda, a#ter due notice and hearin$. (B:
DD-, ection <9(.))
16. Po;er to in0$ire into t(e ,in%nci%l recor"s
o# candidates and an% or$ani>ation or $roup o#
persons a#ter due notice and hearin$. (B: DD-,
ection <9(/))
17. Po;er to "ecl%re ,%il$re o, election %n" c%ll
,or s#eci%l elections (?A 9-BB, ection =)
1". /ivi"e % #rovince ;it( onl* one le)isl%tive
"istrict into t;o "istricts ,or #$r#oses o,
t(e election o, t(e mem-ers o, t(e
S%n))$ni%n) F%-%t%%n. D?A 9-BB, ection
/(b))
Po;er to /ecl%re 4%il$re o, 7lections
The C said that under B: DD-, there are onl%
three instances where a #ailure o# elections ma%
been declare, namel%,
-. The election in an% pollin$ place has
not bee held on the date #i'ed on account o#
#orce ma(eure, violence, terrorism, #raud or
other analo$ous causes5
.. The election in an% pollin$ place had
been suspended be#ore the hour #i'ed b% law
#or the closin$ o# the votin$ on account o# #orce
ma(eure, violence terrorism, #raud or other
analo$ous cases5 or
/. A#ter the votin$ and durin$ the
preparation and transmission o# the election
returns or in the custod% or canvass thereo#
such election results in a #ailure to elect on
account o# #orce ma(eure, violence, terrorism,
#raud or other analo$ous causes. (ison v.
C2)!3!C, -EEE5 :asandalan v. C2)!3!C,
.CC.)
Contents o, Petition. The C held that #or
C2)!3!C to conduct a hearin$ on a veri#ied
petition to declare a #ailure o# election, it is
necessar% that the petition must show on its #ace
two conditions,
-. That no votin$ has ta4en place in the
precinct on the date #i'ed b% law or, even i#
there was votin$, the election nevertheless
results in a #ailure to elect5 and
2. The votes not cast would a##ect the
results o# the election. ()itmu$ v. C2)!3!C,
./C C?A <=)
Thus, in this case, #or #ailure o# the petition to show
the e'istence o# the #irst condition, the C2)!3!C
did not commit $rave abuse o# discretion when it
dismissed the petition even without a hearin$.
?. 7>%m#les o, M%tters Not 8it(in t(e
Po;ers.@$ris"iction o, COM7L7C
1. C2)!3!C has no power to decide *uestions
7involvin$ the ri$ht to vote.8 (ection .(/)
ection .(B) places cases involvin$ 7inclusion
or e'clusion o# voters8 under the (urisdiction o#
courts.
D=
2. The $eneral rule is that the proclamation o# a
con$ressional candidate divests C2)!3!C o#
(urisdiction in #avor o# the proper !lectoral
Tribunal R unless the proclamation was
invalid.
D<
3. In the case o# municipal o##ices5 even i# the
case be$an with the C2)!3!C be#ore
proclamation be#ore the controvers% is
resolved, it ceases to be a pre-proclamation
controvers% and becomes a contest
co$ni>able b% the Court o# Airst Instance.
DB
"4
Bernas Commentar*, p 10$1 (2003 ed).
"$
Planas v Comelec, G.R. No. 167594, March 10, 2006.
"6
.<
SCHOOL OF LAW

4. The C2)!3!C has no power to ma4e a
reapportionment o# le$islative districts.
()onte(o v. C2)!3!C)
$. The C2)!3!C cannot prohibit radio and T;
commentators and newspaper columnists #rom
commentin$ on the issues involved in the
#orthcomin$ plebiscite #or the rati#ication o# the
or$anic law establishin$ the CA?. (::I v.
C2)!3!C)
B. The C2)!3!C cannot deprive the ?TC o# its
competence to order e'ecution o# (ud$ment
pendin$ appeal, because the mere #ilin$ o#
appeal does not divest the trial court o# its
(urisdiction over a case and the authorit% to
resolve pendin$ incidents. (!ddin$ v.
C2)!3!C, .=B C?A <C.)
<. Po;ers o, C(%irm%n
4%cts' ?espondent as Chairman o# the C2)!3!C
removed petitioner as Director o# the !ducation and
In#ormation Department and reassi$ned her to the 3aw
Department. :etitioner ar$ued that onl% the C2)!3!C
actin$ as a colle$ial bod% can authori>e her
reassi$nment.
<el"' +nder ection 9(=), chapter ., ubtitle C,
Boo4 ; o# the ?evised Administrative Code, the
C"aiman COMELEC is %ested 2it" po2e to
ma8e tempoa$ assignments' otate and
tansfe pesonnel in a!!odan!e 2it" t"e
po%ision of t"e Ci%il Se%i!e La2. In the
e'ercise o# this power, the Chairman is not
re*uired b% law to secure the approval o# the
C2)!3!C en banc. ()atiba$ v. Benipa%o)
D9
I. 7n +%nc. T;o /ivisions
The Commission on !lections ma% sit en banc or in two
divisions, and shall promul$ate its rules o# procedure in
order to e'pedite disposition o# election cases, includin$
pre- proclamation controversies. All s$c( election c%ses
s(%ll -e (e%r" %n" "eci"e" in "ivision, provided that
motions #or reconsideration o# decisions shall be decided
b% the Commission en banc. (Article IX-C, ection /)
The last sentence o# ection / prescribes two
important rules,
(. Motions fo e!onsideation ae
de!ided en #an!.
But a decision en banc is re*uired onl% when
the sub(ect #or reconsideration is a 7decision,8
that is, a resolution o# substantive issues. Thus,
reconsideration o# a dismissal based on lac4 o#
interest ma% be heard in division. (ala>ar v.
C2)!3!C, -EEC)
<o;ever, while a motion to reconsider an
interlocutor% order o# a division should be
resolved b% the division which issued the
interlocutor% order, it ma% be re#erred to
the Comelec en banc i# all the members
"7
5acinto 5imenez, Political a! Compendium, 3"2 (2006 ed.)
o# the division a$ree. (Soriano et al v
Comelec, &? -B==EB-<C<, April ., .CC9).
I# a case which should $o to the Comelec
en banc is erroneousl% #iled with a
division, it ma% automaticall% be elevated
to the Comelec en banc. This is not
provided #or in the Comelec ?ules o#
:rocedure, but such action is not
prohibited. (#utilan v Comelec, &.?.
-9-.=BD, April ., .CC9.)
*. Ele!tion !ases ae de!ided in di%ision.
The rule that all election cases, includin$ pre-
proclamation cases, should #irst be heard and
decided b% the C2)!3!C in division applies
onl% when the C2)!3!C e'ercises its
ad(udicator% or *uasi-(udicial #unctions, not
when it e'ercises purel% administrative
#unctions. ()unicipal Board o# Canvassers v.
C2)!3!C, .CC/)
The conduct o# a preliminar% investi$ation
be#ore the #ilin$ o# an in#ormation in court
does not involve the e'ercise o#
ad(udicator% #unction. (Balindon$ v.
C2)!3!C, .CC/)
!lection cases must #irst be decided in division.
@ence the Comelec en banc ma% not decide an
election case still pendin$ be#ore a division.
(#u=o5 v Comelec, &.?. -9CB9D, Iul% -9,
.CCB.)
C%ses ;(ic( m$st ,irst -e (e%r" %n" "eci"e" in
"ivision'
-. All election cases, includin$ pre-proclamation
contests, ori$inall% co$ni>able b% the
Commission in the e'ercise o# its powers
under ection .(.) o# Article IX-C.
.. :etition to cancel a certi#icate o# candidac%
rests with the C2)!3!C in division, not he
C2)!3!C en banc. (Bautista v. C2)!3!C,
.CC/)
/. Cases appealed #rom the ?TC or )TC. (Abad
v. C2)!3!C, -EEE)
=. :etition #or certiorari #rom a decision o# the
?TC (or )TC).(oller v. C2)!3!C, .CCC)
C%ses -* 7n +%nc
1. )otions #or reconsideration o# 7decisions8.
(ection /, Article IX-C)
.. Cases that involve the e'ercise o# purel%
administrative #unctions.
C2)!3!C en banc ma% directl%
assume (urisdiction over a petition to
correct mani#est errors in the tabulation or
tall%in$ o# results (Statement of 8otes) b%
the Board o# canvassers.(Torres v.
C2)!3!C)
o tatement o# ;otes is
merel% a tabulation per precinct o# the
votes obtained b% the candidates as
re#lected in the election returns. 0hat is
involved is simple arithmetic. In ma4in$
the correction in the computation, the
Board o# Canvassers acts in an
administrative capacit% under the
.B
SCHOOL OF LAW

control and supervision o# the
C2)!3!C. :ursuant to its
constitutional #unction to decide
*uestions a##ectin$ elections, the
C2)!3!C en banc has authorit% to
resolve an% *uestion pertainin$ to
proceedin$s o# the Board o#
Canvassers. ()astura v. C2)!3!C)
The power o# the C2)!3!C to
prosecute cases o# violation o# election
laws involves the e'ercise o#
administrative powers which ma% be
e'ercised directl% b% the C2)!3!C en
banc. (Ba%tan v. C2)!3!C, .CC/)
&' Does the C2)!3!C en banc have (urisdiction to
decide election cases1
A' "o. This power pertains to the divisions o# the
Commission. An% decision b% the Commission en banc
as re$ards election cases decided b% it in the #irst
instance is null and void. (oller v. C2)!3!C, .CCC)
&' 0hen is hearin$ b% division re*uired1
A' It is onl% in the e'ercise o# its ad(udicator% or *uasi-
(udicial powers that the C2)!3!C is mandated to hear
and decide cases #irst b% division and then, upon motion
#or reconsideration, b% the C2)!3!C en banc. The
conduct o# a preliminar% investi$ation be#ore the #ilin$ o#
an in#ormation in court does not involve the e'ercise o#
ad(udicator% #unction. (Ba%tan v. C2)!3!C, .CC/)
&' )ust a motion #or reconsideration o# an order o#
dismissal #or lac4 o# interest due to the #ailure o# petitioner
or counsel to appear #or hearin$ be reviewed b% the
C2)!3!C en banc or ma% it be considered b% a
division1
A' It ma% be considered b% a division. 0hat the
Constitution sa%s must be heard en banc are motions #or
reconsideration o# 7decisions,8 that is resolutions o#
substantive issues. The described dismissal was not a
decision. (ala>ar v. C2)!3!C, -EEC)
&' Is the rule on pre#erential disposition o# election cases
su$$ested b% Article IX-A, ection 9 and the re*uirement
in ection .<9 o# the 2mnibus !lection C2D! that the
C2)!3!C shall decide all election cases brou$ht be#ore
it within ninet% da%s #rom the date o# submission a hard
and #irm rule1
A' "o. Considerin$ the tribunalHs manpower and lo$istic
limitations, it is sensible to treat the procedural
re*uirements on deadlines realisticall%. (Alvare> v.
C2)!3!C, .CC-)
<. P%rt* S*stem
Section 6' A #ree and open part% s%stem shall be
allowed to evolve accordin$ to the #ree choice o# the
people, sub(ect to the provisions o# this Article.
Section . "o votes cast in #avor o# a political
part%, or$ani>ation, or coalition shall be valid,
e'cept #or those re$istered under the part%-list
s%stem as provided in this Constitution.
((elate tis to )rticle 82, Section 6 par.2 providing for
20> of te seats in te !ouse of (epresentatives being
allocated to part%'list representatives)
Section !' :artiesOre$istered under the part%-list
s%stemOshall be entitled to appoint poll watchers in
accordance with law.
I. 3e#resent%tion
:olitical parties, or or$ani>ations or coalitions
re$istered under the part%-list s%stem, shall not be
represented in the votersP re$istration boards,
boards o# election inspectors, boards o#
canvassers, or other similar bodies. @owever, the%
shall be entitled to appoint poll watchers in
accordance with law. (Article IX-C, ection D)
@. 7lections
1. 7lection Perio"
+nless otherwise #i'ed b% the Commission in
special cases, the election period shall commence
ninet% da%s be#ore the da% o# election and shall
end thirt% da%s therea#ter. (Article IX-C, ection E)
The election period is distin$uished #rom the
campai$n period in that the latter cannot e'tend
be%ond the election da%.
DD
2. 70$%l Protection o, C%n"i"%tes
Bona #ide candidates #or an% public o##ice shall be
#ree #rom an% #orm o# harassment and
discrimination. (Article IX-C, ection -C)
&' Does ection -C $ive candidates immunit% #rom
suit1
A' "o.
DE
&' ?ive e>%m#le o, "iscrimin%tion.
A' +ne*ual treatment in the availment o# media
#acilities.
EC
3. 4$n"s. 4isc%l A$tonom*
Aunds certi#ied b% the Commission as necessar% to
de#ra% the e'penses #or holdin$ re$ular and special
elections, plebiscites, initiatives, re#erenda, and
recalls, shall be provided in the re$ular or special
appropriations and, once approved, shall be
released automaticall% upon certi#ication b% the
Chairman o# the Commission. (Article IX-C, ection
--)
F. 3evie; o, /ecisions
Article IXAA5 Section . ''' +nless otherwise
provided b% this Constitution or b% law, %n*
"ecision5 or"er5 or r$lin) o# each Commission ma%
be brou$ht to the upreme Court on certiorari b% the
a$$rieved part% within thirt% da%s #rom receipt o# a
cop% thereo#.
""
"#
#0
.9
SCHOOL OF LAW

S$#reme Co$rt. 2nl% decisions o# the C2)!3!C
en banc ma% be brou$ht to the C on certiorari (as
a special civil action under ?ule B<).
0hat is contemplated b% the term #inal or"ers5
r$lin)s %n" "ecisions o# C2)!3!C
reviewable b% certiorari b% the C as provided
b% law are those rendered in actions or
proceedin$s be#ore the C2)!3!C and ta4en
co$ni>ance o# b% the said bod% in the e'ercise
o# its %":$"ic%tor* or 0$%siA:$"ici%l
#o;ers
61
. (Ailipinas !n$ineerin$ and )achine
hop v. Aerrer, -/< C?A .<) The certiorari
(urisdiction o# the C does not re#er to purel%
e'ecutive powers such as those which relate
to the C2)!3!CHs appointin$ power.
E.
(Ambil
v. C2)!3!C, .CCC)
Tri%l Co$rts. Determinations made b% the
C2)!3!C which are merel% administrative (not
(udicial) in character, ma% be challen$ed in an
ordinar% civil action be#ore trial courts. (Ailipinas
!n$ineerin$ M )achine hop v. Aerrer)
Thus, where what was assailed in the
petition #or certiorari was the C2)!3!CHs
choice o# appointee, which is a purel%
administrative dut%, the case is co$ni>able
b% the ?TC (or the CC as the case ma%
be).
IH. Commission on A$"it
Composition of COA
3ualifi!ations of Commissiones of COA
Appointment of Commissiones
Po2es and Duties of COA
-uisdi!tion
ection -. (-) There shall be a Commission on Audit
composed o# a Chairman and two Commissioners, who shall
be natural-born citi>ens o# the :hilippines and, at the time o#
their appointment, at least thirt%-#ive %ears o# a$e, Certi#ied
:ublic Accountants with not less than ten %ears o# auditin$
e'perience, or members o# the :hilippine Bar who have been
en$a$ed in the practice o# law #or at least ten %ears, and must
not have been candidates #or an% elective position in the
elections immediatel% precedin$ their appointment. At no time
shall all )embers o# the Commission belon$ to the same
pro#ession.
A. Com#osition o, COA
#1
Thus, a person whose certi#icate o# candidac% is re(ected or
canceled b% the C2)!3!C on the $round, sa%, that he does
not possess the re*uired *uali#ications, ma% elevate the matter
on certiorari to the upreme Court. (Cruz, Philippine Political
a!, p. 31# (1##$ ed).
#2
@ence, *uestions arisin$ #rom the award o# a contract #or the
construction o# votin$ booths can be brou$ht be#ore a trial
court.
Commission on Audit is composed o# a Chairman
and two Commissioners.
+. &$%li,ic%tions o, Commissioners
1. "atural-born citi>ens o# the :hilippines5
#ive %ears o# a$e5
3. Certi#ied :ublic Accountants with not less than
ten %ears o# auditin$ e'perience, or members
o# the :hilippine Bar who have been en$a$ed
in the practice o# law #or at least ten %ears5
4. )ust not have been candidates #or an%
elective position in the elections immediatel%
precedin$ their appointment.
At no time shall all )embers o# the Commission
belon$ to the same pro#ession.
C. A##ointment o, Commissioners
Section 1D2E The Chairman and the Commissioners shall be
Commission on Appointments #or a term o# seven %ears
without reappointment. 2# those #irst appointed, the Chairman
shall hold o##ice #or seven %ears, one Commissioner #or #ive
%ears, and the other Commissioner #or three %ears, without
reappointment. Appointment to an% vacanc% shall be onl% #or
the une'pired portion o# the term o# the predecessor. In no
case shall an% )ember be appointed or desi$nated in a
temporar% or actin$ capacit%.
/. Po;ers %n" /$ties o, COA
ection .. (-) The Commission on Audit shall have the power,
authorit%, and dut% to e'amine, audit, and settle all accounts
pertainin$ to the revenue and receipts o#, and e'penditures or
uses o# #unds and propert%, owned or held in trust b%, or
pertainin$ to, the &overnment, or an% o# its subdivisions,
a$encies, or instrumentalities, includin$ $overnment-owned or
controlled corporations with ori$inal charters, and on a post-
audit basis,
(a) constitutional bodies, commissions and o##ices that have
been $ranted #iscal autonom% under this Constitution5
(b) autonomous state colle$es and universities5
(c) other $overnment-owned or controlled corporations and
their subsidiaries5 and
(d) such non-$overnmental entities receivin$ subsid% or e*uit%,
directl% or indirectl%, #rom or throu$h the &overnment, which
are re*uired b% law or the $rantin$ institution to submit to such
audit as a condition o# subsid% or e*uit%. @owever, where the
internal control s%stem o# the audited a$encies is inade*uate,
the Commission ma% adopt such measures, includin$
temporar% or special pre-audit, as are necessar% and
appropriate to correct the de#iciencies. It shall 4eep the $eneral
accounts o# the &overnment and, #or such period as ma% be
provided b% law, preserve the vouchers and other supportin$
papers pertainin$ thereto.
.D
SCHOOL OF LAW

(.) The Commission shall have e'clusive authorit%, sub(ect to
the limitations in this Article, to de#ine the scope o# its audit and
e'amination, establish the techni*ues and methods re*uired
there#or, and promul$ate accountin$ and auditin$ rules and
re$ulations, includin$ those #or the prevention and
disallowance o# irre$ular, unnecessar%, e'cessive,
e'trava$ant, or unconscionable e'penditures or uses o#
$overnment #unds and properties.
1. ?ener%l 4$nction o, COA
It is the #unction o# the C2A to e'amine the
accurac% o# the records 4ept b% accountable
o##icers and to determine whether e'penditures
have been made in con#ormit% with law. It is
there#ore throu$h the Commission on Audit that the
people can veri#% whether their mone% has been
properl% spent.
E/
2. Cl%ssi,ic%tion o, COAMs 4$nctions
64
-. To e'amine and audit all #orms o#
$overnment revenues5
.. To e'amine and audit all #orms o#
$overnment e'penditures5
/. To settle $overnment accounts5
=. To de#ine the scope o# techni*ues #or
its own auditin$ procedures5
<. To promul$ate accountin$ and
auditin$ rules 7includin$ those #or the
prevention and disallowance o# irre$ular,
unnecessar%, e'cessive, e'trava$ant, or
unconscionable e'penditures,85
B. To decide administrative cases
involvin$ e'penditures o# public #unds.
To e>%mine %n" %$"it %ll ,orms o,
)overnment e>#en"it$resJ
PostA%$"it. The provision on post-audit is a
reco$nition o# the #act that there are certain
$overnment institutions which can be
hampered in their operation b% pre-audit
re*uirements.
E<
PostA%$"it A$t(orit*. The Commission has
onl% post-audit authorit% over,
-. Constitutional bodies, commissions and
o##ices that have been $ranted #iscal
autonom% under the Constitution5
.. Autonomous state colle$es and
universities5
/. 2ther $overnment-owned controlled
corporations and their subsidiaries5
=. uch non-$overnmental entities receivin$
subsid% or e*uit%, directl% or indirectl%,
#rom or throu$h the $overnment, which
are re*uired b% law or b% the $rantin$
institution to submit to such audit as a
condition o# subsid% or e*uit%.
#3
#4
#$
(0here the internal control s%stem o# audited
a$encies is inade*uate, the Commission ma%
adopt such measures, includin$ temporar% or
special pre-audit, as are necessar% and
appropriate to correct an% de#iciencies.
)oreover, even in cases where pre-audit is
allowed and pre-audit has alread% been
per#ormed, the Commission is not estopped
#rom ma4in$ a post-audit.)
Priv%te A$"itors. :ublic corporations ma%
emplo% private auditors. The clear and
unmista4able conclusion #rom a readin$ o# the
entire ection . is that the C2APs power to
e'amine and audit is non-e'clusive. 2n the
other hand, the C2APs authorit% to de#ine the
scope o# its audit, promul$ate auditin$ rules
and re$ulations, and disallow unnecessar%
e'penditures is e'clusive.
@owever, as the constitutionall% mandated
auditor o# all $overnment a$encies, the C2APs
#indin$s and conclusions necessaril% prevail
over those o# private auditors, at least inso#ar
as $overnment a$encies and o##icials are
concerned.
EB

Com#romise A)reement. The participation b%
the Cit% in ne$otiations #or an amicable
settlement o# a pendin$ liti$ation and its
eventual e'ecution o# a compromise a$reement
relative thereto, are indubitabl% within its
authorit% and capacit% as a public corporation,
and a compromise o# a civil suit in which it is
involved as a part% is a per#ectl% le$itimate
transaction, not onl% reco$ni>ed but even
encoura$ed b% law. Thus, C2A committed
$rave abuse o# discretion when it disallowed
the Cit%Hs appropriation o# :/C,CCC made
con#ormabl% with the compromise a$reement.
(2smena v. C2A, ./D C?A =B/)
S%l%r* Ho$c(er. The dut% to pass in audit a
salar% voucher is discretionar%. (&on>ales v.
:rovincial Board o# Iloilo, -. C?A 9--)
The C held that the C2A has the power to
overrule the ":C ("ational :ower Corporation)
&eneral Counsel on post-audit measures
relative to the determination o# whether an
e'penditure o# a $overnment a$enc% is
irre$ular, unnecessar%, e'trava$ant or
unconscionable.
&' )a% C2A in the e'ercise o# its auditin$ #unction,
disallow the pa%ment o# bac4wa$es to emplo%ees ille$all%
dismissed and sa% that the responsibilit% belon$s to the
o##icial who dismissed them in bad #aith1
A' "o. C2A cannot sa% that the responsibilit% belon$s to
the o##icial who made the ille$al dismissal when such
o##icial has not been heard. Besides, pa%ment o#
bac4wa$es is not an irre$ular, unnecessar%, e'cessive or
e'trava$ant e'pense. (+% et. al. v. C2A, .CCC)
#6
DBP v. COA, :.2. 3o. ""43$. 5anuar* 16, 2002
.E
SCHOOL OF LAW

&' Does the power o# the Commission e'tend to non-
accountable o##icers1
A' Jes. The Commission has authorit% not (ust over
accountable o##icers but also over the o##icers who
per#orm #unctions related to accountin$ such as
veri#ication o# evaluations and computation o# #ees
collectible, and the adoption o# internal rules o# control.
(An !valuatorGComputer, #or instance is an indispensable
part o# the process o# assessment and collection and
comes within the scope o# the CommissionHs
(urisdiction.) ()amaril v. Domin$o, -EE/)
E9
To settle )overnment %cco$nts
Po;er to 1settle %cco$nts2. This means the
power to settle liquidated accounts, that is,
those accounts which ma% be ad(usted simpl%
b% an arithmetical process. It does not include
the power to #i' the amount o# an unfi0ed or
undetermined debt. (Compania &eneral de
Tabacos v. Arench and +nison, -E-E)
+nli*uidated claims present a (usticiable
*uestion which is be%ond the powers o# the
C2A to ad(udicate. ?ecover% based on
quantum meruit involves a unli*uidated claim,
because its settlement re*uires the application
o# (ud$ment and discretion and cannot be
ad(usted b% simple arithmetical process. (A.A.
)anacop Construction Co., Inc. v. CA, .BB
C?A ./<)
ED
To secure the release o# #unds #rom the
Treasur%, a ;%rr%nt must be drawn b% the
proper administrative o##icial and
co$ntersi)ne" b% the Commission on Audit.
EE
This counter-si$nature ma% be compelled i# it
can be shown that,
-. The warrant has been le$all% drawn b%
the o##icer authori>ed b% law to do so5
.. An appropriation to which the warrant ma%
be applied e'ists b% virtue o# law5
/. An une'pected balance o# the amount
appropriated is available. (Jncausti v.
0ri$ht, =9 :hil. DBB)
The dut% to countersi$n the warrant in this
case is merel% ministerial.
The #ollowin$ have been held to be
discretionar%,
-. The dut% to pass audit a salar% voucher.
(&on>ales v. :rovincial Auditor o# Iloilo, -.
C?A 9--)
.. The dut% o# the Commission on Audit to
issue a certi#icate o# clearance to an%
accountable o##icer see4in$ to leave the
:hilippines. (3amb v. :hilipps, .. :hil.
=9/)
#7
#"
##
Cruz, Philippine Political a!, p.324
/eci"e Mone* Cl%ims. The C2A can decide
mone% claims based on law. But i# a mone%
claim is denied b% a law, C2A has no authorit%
to pass (ud$ment on the constitutionalit% o# the
law.
-CC
166! +%r &$estion DMone* Cl%imsE
&' The Department o# "ational De#ense
entered into a contract with ?aintree
Corporation #or the suppl% o# ponchos to the
AA:, stipulatin$ that, in the event o# breach,
action ma% be #iled in the proper courts in
)anila. uppose the AA: #ails to pa% #or
delivered ponchos, where must ?aintreee
Corporation #ile its claim1 0h%1
A' ?aintree Corporation must #ile its claim with
the C2A. +nder Article IX-D, ection .(-), the
C2A has the authorit% to settle all the
accounts pertainin$ to e'penditure o# public
#unds. ?aintree Corporation cannot #ile a case
in court. The ?epublic o# the :hilippines did
not waive its immunit% #rom suit when it
entered into the contract with ?aintree
Corporation #or the suppl% o# ponchos #or the
use o# AA:. The contract involves the de#ense
o# the :hilippines and there#ore relates to a
soverei$n #unction.
The provision #or venue in the contract does
not constitute a waiver o# the tate immunit%
#rom suit because the e'press waiver o# this
immunit% can onl% be made b% a statute.
A$t(orit* to "e,ine t(e sco#e o, its %$"it %n
e>%min%tion5 est%-lis( tec(ni0$es %n"
met(o"s re0$ire" t(ere,or.
The C said that the power o# the Commission
to de#ine the scope o# its audit and to
promul$ate auditin$ rules and re$ulations and
the power to disallow unnecessar%
e'penditures is e'clusive. (?ut its po"er to
e0amine and audit is not e0clusive)
To #rom$l)%te %cco$ntin) %n" %$"itin)
r$les 1incl$"in) t(ose ,or t(e #revention
%n" "is%llo;%nce o, irre)$l%r5 $nnecess%r*5
e>cessive5 e>tr%v%)%nt5 or $nconscion%-le
e>#en"it$res.2
The C held that the C2A has the power to
overrule the ":C ("ational :ower
Corporation) &eneral Counsel on post-audit
measures relative to the determination o#
whether an e'penditure o# a $overnment
a$enc% is irre$ular, unnecessar%, e'trava$ant
or unconscionable.
It was held that C2A ma% stop the pa%ment o#
the price stipulated in $overnment contracts
when #ound to be irre$ular, e'trava$ant or
100
Parreo c. COA, :.2. 162224 5une 7, 2007
/C
SCHOOL OF LAW

unconscionable. (ambeli v. :rovince o#
Isabela, .-C C?A DC)
C2A Circular "o 9<-B, prohibitin$ the use o#
$overnment vehicles b% o##icials who are
provided with transportation allowance was
held to be a valid e'ercise o# its powers under
ection ., Article IX-D o# the Constitution5 and
the prohibition ma% be made to appl% to
o##icials o# the ":C.
&' The C2A reduced the amount that was passed in
audit on the $round that the ori$inal amount was
7e'cessive and disadvanta$eous to the
$overnment.8 Does the Commission have the
authorit% to do so1
A' Jes, on the basis o# its authorit% in Article IX-D,
ection .(-). This e'tends to the accounts o# all
persons respectin$ #unds or properties received or
held b% tem in an accountable capacit%. (Dincon$ v.
Commissioner &uin$ona, -EDD)
-C-
&' )a% C2A in the e'ercise o# its auditin$ #unction,
disallow the pa%ment o# bac4wa$es to emplo%ees
ille$all% dismissed and sa% that the responsibilit%
belon$s to the o##icial who dismissed them in bad
#aith1
A' "o. C2A cannot sa% that the responsibilit%
belon$s to the o##icial who made the ille$al dismissal
when such o##icial has not been heard. Besides,
pa%ment o# bac4wa$es is not an irre$ular,
unnecessar%, e'cessive or e'trava$ant e'pense.
(+% et. al. v. C2A, .CCC)
Po;er to veto %##ro#ri%tions. There is now
a view to the e##ect that the critical #unction o#
the Commission on Audit under the reworded
provision o# the Constitution authori>es it to
veto appropriations. This can be done, so it is
ar$ued, throu$h the power o# the Commission
to re#use to 7e'amine, audit and settle8 an%
account violatin$ its o"n re$ulations 7#or the
prevention and disallowance o# irre$ular,
unnecessar%, e'cessive, e'trava$ant or
unconscionable e'penditures or uses o#
$overnment #unds properties.8
-C.
7. @$ris"iction
ection /. "o law shall be passed e'emptin$ an% entit% o# the
&overnment or its subsidiaries in an% $uise whatever, or an%
investment o# public #unds, #rom the (urisdiction o# the
Commission on Audit.
8%ter /istricts S$-:ect to t(e @$ris"iction o,
COA. The Court alread% ruled in several cases that
a water district is a $overnment-owned and
controlled corporation with a special charter since it
is created pursuant to a special law, :D -ED. The
C2A has the authorit% to investi$ate whether
101
102
Cruz, Philippine Political a!, p.32#
directors, o##icials or emplo%ees o# &2CC receivin$
additional allowances and bonuses are entitled to
such bene#its under applicable laws. Thus, water
districts are sub(ect to the (urisdiction o# the C2A.
(De Iesus v. C2A, .CC/)
:A3 (:hil. Airlines) havin$ ceased to be a
$overnment-owned or Rcontrolled corporation, is
no lon$er under the audit (urisdiction o# the C2A.
(:A3 v. C2A, .=< C?A /E)
2II1 +%r &$estion
&' The :"B was then one o# the leadin$
$overnment Rowned ban4s and it was under the
audit (urisdiction o# the C2A. A #ew %ears a$o, it
was privati>ed. 0hat is the e##ect i# an%, o# the
privati>ation o# :"B on the audit (urisdiction o# the
C2A1
A' In accordance with the rulin$ in :al v. C2A,
since :"B is no lon$er owned b% the $overnment
the C2A no lon$er has (urisdiction to audit it as an
institution. +nder Article IX-D, ection .(.),
&2CCs and their subsidiaries are sub(ect to audit
b% the C2A.
@owever, in accordance with ection .(-), the
C2A can audit the :"B with respect to its accounts
because the $overnment still has e*uit% in it.
A$"it o, Priv%te 7ntities
4%cts' :etitioners were end-users o# copra. :D
.9B imposed a lev% on copra to be collected b% the
end-users #rom the sellers o# the copra. The #und
was to be used to subsidi>e the purchase o# copra
to maintain the stabilit% o# the price. The C2A
audited the petitioners and #ound that there was a
de#icienc% in their collection o# the lev%. :etitioners
ar$ued that the C2A had no authorit% to audit them
as the% were not $overnment-owned or controlled
corporation.
<el"' The ar$ument has no merit. +nder the
Constitution, the C2A has the power to audit non-
$overnmental entities receivin$ subsid% #rom or
throu$h the $overnment. (Blue Bar Coconut
:hilippines v. Tantuico, -B/ C?A 9-B)
-C/
In ?agatsing v. Committee on :rivati>ation, the Court
interpretin$ C4) Circular .o. +*'2*7 tat tere is failure
of bidding "en (a) tere is onl% one offeror, or (b) "en
all te offers are non'compl%ing or unacceptable,
declared that the C2A circular does not spea4 o#
accepted bids, but o# o##erors, without distinction as to
whether the% are dis*uali#ied or *uali#ied. Thus, since in
the biddin$ o# the =CS bloc4 o# :etron shares, there were
three o##erors, namel% audi Aramco, :etronas and
0estmontTalthou$h the latter were dis*uali#iedTthen
there was no #ailure o# biddin$.
4. 3e#ort
103
/-
SCHOOL OF LAW

ection =. The Commission shall submit to the :resident and
the Con$ress, within the time #i'ed b% law, an annual report
coverin$ the #inancial condition and operation o# the
&overnment, its subdivisions, a$encies, and instrumentalities,
includin$ $overnment-owned or controlled corporations, and
non-$overnmental entities sub(ect to its audit, and recommend
measures necessar% to improve their e##ectiveness and
e##icienc%. It shall submit such other reports as ma% be
re*uired b% law.
P$r#ose o, 3e#ort. Throu$h the report re*uired
b% this provision, the :resident and the Con$ress
shall be in#ormed o# the #inancial status o# the
$overnment and the manner in which revenues
have been collected, appropriation laws have been
implemented, and e'penditures or uses o# public
#unds and properties underta4en. In#ormation
contained in this report and the recommendations
made b% the Commission on Audit will be use#ul in
enablin$ the $overnment to improve its #inancial
operations.
-C=
The authorit% o# the Commission to recommend
measure to improve the e##icienc% and
e##ectiveness o# the $overnment empowers it 7to
conduct the so-called per#ormance audit which
consist o# the anal%tical and critical review,
assessment and evaluation o# the activities,
mana$ement and #iscal operations o# the
&overnment in order to reduce operational costs
and losses and promote $reater econom% and
administrative e##icienc% in public e'penditures.
This is a modern concept o# auditin$ that $oes
be%ond the mere e'amination o# receipts and
e'penditures as it e'tends to the evaluation o# the
application o# #unds, to the anal%sis o# e'penditures
as well as cost bene#it studies.8
-C<
<. 3evie; o, CommissionMs /ecisions
The review power o# the C over decision o# the
Commission is the same as that over the
C2)!3!C- the limited-certiorari power under ?ule
B<. The (urisdiction o# the C over the Commission
is on mone% matters and not over decisions on
personnel movements. "either is it the tas4 o# the
C to review a Commission opinion on ta'
liabilit%.
-CB
104
10$
Cruz, Philippine Political a!, p.331 >uotin( &onte?o, @he 3e!
Constitution, 20".
106
Bernas Commentar*, p "3 (2003 ed).
/.
SCHOOL OF LAW

Article X
LOCAL ?OH73NM7NT
I. LOCAL &OVERNMENTS (ections -, -C-
-=)
II. LOCAL AUTONOM; (ection .)
III. LOCAL &OVERNMENT CODE (ection /)
IV. &ENERAL PO<ERS AND ATTRI,UTES
(ection <,B,9)
V. MUNICIPAL LIA,ILIT;
VI. LOCAL O//ICIALS (ection D,E)
VII. AUTONOMOUS RE&IONS
VIII.INTER5&OVERNMENTAL RELATIONS
I=. LOCAL INITIATIVE AND RE/ERENDUM
?7N73AL P3OHISIONS
I. Loc%l ?overnments
Lo!al &o%enment Unit
3uota#le 3uotes on Natue of Lo!al &o%enments
Teitoial and Politi!al Su#di%isions
T"e ,aanga$
T"e Muni!ipalit$
T"e Cit$
T"e Po%in!e
Leagues of L&Us0Offi!ials
Section 1. The territorial and political subdivisions o# the
?epublic o# the :hilippines are the provinces, cities,
municipalities, and baran$a%s. There shall be autonomous
re$ions in )uslim )indanao and the Cordilleras as hereina#ter
provided.
A. 8(%t is % Loc%l ?overnment Unit=
A local $overnment unit is a #olitic%l s$-"ivision
o, t(e St%te which is !onstituted #$ la2 and
possessed o# substantial control over its own
a##airs. In a unitar% s%stem o# $overnment, it is an
intra-soverei$n subdivision o# one soverei$n
nation, not intended to be an imperium in imperio
Kempire within an empire)L. (Alvare> v. &uin$ona
&? --D/C/, -EEB)
0hen the Dra#ters o# the -ED9 Constitution
enunciated the polic% o# ensurin$ the autonom% o#
local $overnments, it was never their intention to
create an imperium in imperio and install an intra-
soverei$n political subdivision independent o# a
sin$le soverei$n state. (Batan$as CAT; v. Court o#
Appeals, &? "o. -/DD-C, .CC=)
&' 0hat is the present #orm o# local $overnment1
A' The present #orm consists o# an e'ecutive distinct
#rom the le$islative bod%.
-C9
107
+. &$ot%-le &$otes on N%t$re o, Loc%l
?overnments
1. 7O$rs is still % $nit%r* ,orm o, )overnment5
not % ,e"er%l st%te. Bein$ so, an% #orm o#
autonom% $ranted to local $overnments will
necessaril% be limited and con#ined within the e'tent
allowed b% the central authorit%.8 (;ina v. @ano,
<( $2*0*/, 0+./0.200$)
2. 7A Loc%l ?overnment Unit is % #olitic%l
s$-"ivision o, t(e St%te which is constituted b%
law and possessed o# substantial control over its
own a##airs. ?emainin$ to be an intra soverei$n
subdivision o# one soverei$n nation, but not
intended, however, to be an imperium in imperio,
the local $overnment unit is autonomous in the
sense that it is $iven more powers, authorit%,
responsibilities and resources. :ower which used to
be hi$hl% centrali>ed in )anila, is thereb%
deconcentrated, enablin$ especiall% the peripheral
local $overnment units to develop not onl% at their
own pace and discretion but also with their own
resources and assets.8 ()lvare5 v. <uingona, <(
$$+/0/, 0$./$.*7)
3. An L??U is cre%te" -* l%; %n" %ll its
#o;ers %n" ri)(ts %re so$rce" t(ere,rom. It
has there#ore no power to amend or act be%ond the
authorit% $iven and the limitations imposed on it b%
law.8 (@aranaque v. 8# (ealt% Corp., <(
$2,+20, 0,.20.*+)
C. 7n$mer%te t(e Territori%l %n" Politic%l
S$-"ivisions in Section 1'
The territorial and political subdivisions o# the
?epublic o# the :hilippines are the,
-. :rovinces
.. Cities
/. )unicipalities
=. Baran$a%s
There shall be autonomous re$ions in )uslim
)indanao and Cordilleras as provided in the
Constitution. (ection-)
Si)ni,ic%nce o, Section 1. The constitutional
si$ni#icance o# ection - is that provinces, cities
and municipalities and baranga%s have been #i'ed
as the standard territorial and political subdivisions
o# the :hilippines. T(is m%nner o, s$-"ivi"in)
t(e P(ili##ines c%nnot )o o$t o, e>istence
e>ce#t -* % constit$tion%l %men"ment.
-CD
&' !2 ..C dated Iul% -<, -ED9 creates the Cordillera
Administrative ?e$ion (CA?) creatin$ a temporar%
administrative a$enc% pendin$ the creation o# Cordillera
Autonomous ?e$ion. Does !2 ... thereb% create a
territorial and political subdivision1
A' "o. 0hat is created is not a public corporation but an
e'ecutive a$enc% under the control o# the national
$overnment. It is more similar to the re$ional
development councils which the :resident ma% create
10"
//
SCHOOL OF LAW

under Article X, ection -=. (Cordillera Board Coalition v.
C2A, -EEC)
/. M$nici#%l Cor#or%tions
1. M$nici#%l Cor#or%tion
A bod% politic and corporate !onstituted #$ t"e
in!opoation o# the inhabitants #or the purpose o#
local $overnment.
-CE
2. 7lements o, % M$nici#%l Cor#or%tion
11I
1. Le)%l cre%tion or incor#or%tion- the law
creatin$ or authori>in$ the creation or
incorporation o# a municipal corporation.
2. Cor#or%te n%me- The name b% which the
corporation shall be 4nown.
The an$$unian$ :anlalawi$an ma%, in
consultation with the :hilippine @istorical
Institute, chan$e the name o# the component
cities and municipalities, upon the
recommendation o# the san$$unian concerned5
provided that the same shall be e##ective onl%
upon the rati#ication in a plebiscite conducted
#or the purpose in the political unit directl%
a##ected. (?A 9-BC, ection -/)
3. In(%-it%nts- The people residin$ in the
territor% o# the corporation.
4. Territor*A The land mass where the
inhabitants reside, to$ether with the internal
and e'ternal waters, and the air space above
the land waters.
3. /$%l N%t$re %n" 4$nctions
!ver% local $overnment unit created or or$ani>ed
(under the 3ocal &overnment Code) is a bod%
politic and corporate endowed with powers to be
e'ercised b% it in con#ormit% with law. As such, it
shall e'ercise powers as a political subdivision o#
the "ational &overnment and as a corporate entit%
representin$ the inhabitants o# its territor%. (?A
9-BC, ection -<) Accordin$l% it has dual #unctions
namel%,
1. P$-lic or )overnment%lA It acts as an
a$ent o# the tate #or the $overnment o#
the territor% and the inhabitants.
2. Priv%te or #ro#riet%r*- It acts as an
a$ent o# the communit% in the
administration o# local a##airs. As such, it
acts as a separate entit%, #or its own
purposes, and not as a subdivision o# the
tate (Bara 3idasan v. Comelec, .-
C?A =EB)
7. Cre%tion. /issol$tion o, M$nici#%l Cor#or%tions
1. A$t(orit* to Cre%te
10#
0ntonio 3achura, -utline on Political a!, $$3 (2006)
110
A local $overnment unit ma% be created, divided,
mer$ed, abolished, or its boundaries substantiall%
altered either b% law enacted b% Con$ress in the
case o# a province, cit%, municipalit% or an% other
political subdivision, or b% ordinance passed b% the
san$$unian$ panlalawi$an or sa$$unian$
panlun$sod concerned in the case o# a baran$a%
located within its territorial (urisdiction, sub(ect to
such limitations and re*uirements prescribed in the
3ocal &overnment Code (?A 9-BC, ection B)
2. 3e0$isites.Limit%tions on Cre%tion or
Conversion
Ati!le =' Se!tion (+9 "o province, cit%,
municipalit% or an% baran$a% ma% be created,
divided, mer$ed, abolished, or is its boundar%
substantiall% altered, e'cept in accordance with the
criteria established in the local $overnment code
and sub(ect to approval b% a ma(orit% o# the votes
cast in a PL7+ISCIT7 in the political units directl%
a##ected.
RA >(?+' Se!tion (+9 "o creation, division or
mer$er, abolition or substantial alteration o#
boundaries o# local $overnment units shall ta4e
e##ect unless approved b% a ma(orit% o# the votes
cast in a plebiscite called #or the purpose in the
political unit or units directl% a##ected. aid
plebiscite shall be conducted b% the Comelec
within -.C da%s #rom the date o# e##ectivit% o# the
law or ordinance e##ectin$ such action, unless said
law or ordinance #i'es another date.
It was held that a plebiscite #or creatin$ a new
province should include the participation o# the
residents o# the mother province in order to con#orm
to the constitutional re*uirement. (Tan v. Comelec,
-=. C?A 9.95 :adilla v. Comelec, .-= C?A 9/<)
In other words, all political units a##ected should
participate in the plebiscite. I# what is involved is a
baran$a%, the plebiscite should be municipalit% or
cit%-wide5 i# a municipalit% or component cit%,
province wide. I# a portion o# province is to be carved
out and made into another province, the plebiscite
should include the mother province. (Tan v.
C2)!3!C, -EDB)
3A 16I5 Section ' Based on veri#iable indicators
o# viabilit% and pro(ected capacit% to provide
services, to wit,
1. IncomeA Income must be su##icient,
based on acceptable standards, to provide #or
all essential $overnment #acilities and services
and special #unctions commensurate with the
si>e o# population, as e'pected o# the local
$overnment unit concerned. Avera$e annual
income #or the last two consecutive %ears
based on -EE- constant prices should be at
least,
Muni!ipalit$9 ..< )
Cit$9 -CC) (Jear .CCC constant prices,
amended b% ?A ECCE)
@ig"l$ u#ani6ed !it$9 <C)
Po%in!e9 .C)
/=
SCHOOL OF LAW

It was held that the Internal ?evenue
Allotments (I?As) should be included in the
computation o# the avera$e annual income o#
the municipalit% (#or purposes o# determinin$
whether the municipalit% ma% be validl%
converted into a cit%), but under ?A ECCE, it is
speci#icall% provided that #or conversion to
cities, the municipalit%Hs income should not
include the I?A. (Alvare> v. &uin$ona, .<.
C?A BE<)
2. Po#$l%tionA it shall be determined as
the total number o# inhabitants within the
territorial (urisdiction o# the local $overnment
unit concerned.
3. L%n" Are% - It must be conti$uous,
unless it comprises two or more islands or is
separated b% a local $overnment unit
independent o# the others5 properl% identi#ied
b% metes and bounds with technical
descriptions and su##icient to provide #or such
basic services and #acilities to meet the
re*uirements o# its populace.
Income Po#$l%tion L%n" Are%
Baran$a% .,CCC inhabitants
(e'cept in )etro
)anila and other
metropolitan
political
subdivisions or
in hi$hl%
urbani>ed cities
where the
re*uirement is
<,CCC
inhabitants)
)unicipalit
%
..<) .<,CCC <Cs*4m
Cit% -CC) -<C,CCC -CCs*4m
@i$hl%
+rbani>ed
Cit%
<C) .CC,CCC
:rovince .C) .<C,CCC .,CCCs*
h4m
Compliance with the #ore$oin$ indicators shall be
attested to b% the Department o# Ainance, the "2
and the 3ands )ana$ement Bureau o# the D!"?.
The C said that the re*uirement that the territor%
o# newl%-created local $overnment units be
identi#ied b% metes and bounds is intended to
provide the means b% which the area o# the local
$overnment unit ma% be reasonabl% ascertained,
i.e., as a toll in the establishment o# the local
$overnment unit. As lon$ as the territorial
(urisdiction o# the newl% created cit% ma% be
reasonabl% ascertainedTb% re#errin$ to common
boundaries with nei$hborin$ municipalitiesTthen
the le$islative intent has been su##icientl% served.
()ariano v. Comelec, .=. C?A .--)
K"ote, ?A 9D<=, which converted )a4ati into a cit%,
did not de#ine the boundaries o# the new cit% b%
metes and bounds, because o# a territorial dispute
between )a4ati and Ta$ui$, which was best le#t #or
the courts to decideL
Appl%in$ Article X, ection -C the upreme Court,
in the case o# Le%)$e o, Cities o, t(e
P(ili##ines DLCPE5 et %l. vs. Commission on
7lections5 et %l. D?.3. No. 166515 ?.3. No.
1466 N ?.3. No. 1!I56J 24 A$)$st 2I1IE,
held that the creation o# loc%l )overnment $nits
m$st ,ollo; t(e criteri% est%-lis(e" in t(e
Loc%l ?overnment Co"e %n" not in %n* ot(er
l%;.
In LCP %. COMELEC, Aebruar% -<, .C--, A#ril 125
2I11, the upreme Court held that the -B cit%hood laws
did not violate ection Article X, ection o# the
Constitution,
70ithout doubt, the 3&C is a creation o# Con$ress
throu$h its law-ma4in$ powers. Con$ress has the
power to alter or modi#% it as it did when it enacted ?.A.
"o. ECCE. uch power o# amendment o# laws was
a$ain e'ercised when Con$ress enacted the Cit%hood
3aws. 0hen Con$ress enacted the 3&C in -EE-, it
provided #or *uanti#iable indicators o# economic viabilit%
#or the creation o# local $overnment unitsTincome,
population, and land area. Con$ress deemed it #it to
modi#% the income re*uirement with respect to the
conversion o# municipalities into component cities
when it enacted ?.A. "o. ECCE, imposin$ an amount o#
:-CC million, computed onl% #rom locall%-$enerated
sources. @owever, Con$ress deemed it wiser to
e'empt respondent municipalities #rom such a belatedl%
imposed modi#ied income re*uirement in order to
uphold its hi$her callin$ o# puttin$ #lesh and blood to the
ver% intent and thrust o# the 3&C, which is countr%side
development and autonom%, especiall% accountin$ #or
these municipalities as en$ines #or economic $rowth in
their respective provinces.
Con$ress clearl% intended that the local $overnment
units covered b% the Cit%hood 3aws be e'empted #rom
the covera$e o# ?.A. "o. ECCE.
The -B cities covered b% the Cit%hood 3aws not onl%
had conversion bills pendin$ durin$ the --
th
Con$ress,
but have also complied with the re*uirements o# the
3&C prescribed prior to its amendment b% ?.A. "o.
ECCE. Con$ress undeniabl% $ave these cities all the
considerations that (ustice and #air pla% demanded.8
N%v%rro v. 7rmit%5 A#ril 125 2I11I5 D/in%)%t C%seE'
?epublic Act "o. E/<< (An Act Creatin$ the :rovince o#
Dina$at Islands) is declared as HALI/ and
CONSTITUTIONAL, and the proclamation o# the
:rovince o# Dina$at Islands and the election o# the
o##icials thereo# are declared HALI/.
0hen the local $overnment unit to be created consists
o# one (-) or more islands, it is e'empt #rom the land
area re*uirement as e'pressl% provided in ection ==.
and ection =<C o# the 3&C i# the local $overnment unit
/<
SCHOOL OF LAW

to be created is a municipalit% or a component cit%,
respectivel%. This e'emption is absent in the
enumeration o# the re*uisites #or the creation o# a
province under ection =B- o# the 3&C, althou$h it is
e'pressl% stated under Article E(.) o# the 3&C-I??.
3. +e)innin) o, Cor#or%te 7>istence
+pon the election and *uali#ication o# its chie#
e'ecutive and a ma(orit% o# the members o# its
san$$unian, unless some other time is #i'ed
there#or b% the law or ordinance creatin$ it. (?A
9-BC, ection -=)
4. /ivision %n" Mer)erJ A-olition o, L?Us
/ivision %n" mer)er shall compl% with same
re*uirements, provided that such division shall not
reduce the income, population or land area o# the
local $overnment unit or units concerned to less
than the minimum re*uirements prescribed5
provided #urther that the income classi#ication o#
the ori$inal local $overnment unit or units shall not
#all below its current income classi#ication prior to
the division. (?A 9-BC, ection D)
A-olition. A local $overnment unit ma% be
abolished when its income, population or land area
has been irreversibl% reduced to less than the
minimum standards prescribed #or its creation, as
certi#ied b% the national a$encies mentioned. The
law or ordinance abolishin$ a local $overnment unit
shall speci#% the province, cit%, municipalit% or
baran$a% with which the local $overnment unit
sou$ht to be abolished will be incorporated or
mer$ed. (?A 9-BC, ection E)
5. /e 4%cto M$nici#%l Cor#or%tions
3e0$isites'
-. ;alid law authori>in$ incorporation
.. Attempt in $ood #aith to or$ani>e
under it
/. Colorable compliance with the law.
=. Assumption o# corporate powers
The C declared as unconstitutional ection BD o# the
?evised Administrative Code which authori>ed the
:resident to create municipalities throu$h !'ecutive
2rder. 0ith this declaration, municipalities created b%
!'ecutive 2rder could not claim to be de facto municipal
corporations because there was no valid law authori>in$
incorporation. (:elae> v. Auditor &eneral, -< C?A <BE)
6. Att%c9 A)%inst Inv%li"it* o, Incor#or%tion
"o collateral attac4 shall lie5 and in*uir% into the
le$al e'istence o# a municipal corporation is
reserved to the tate in a proceedin$ #or *uo
warranto or other direct proceedin$. ()alaban$ v.
Benito, .9 C?A <//) But this rule applies onl%
when the municipal corporation is at least a de
#acto municipal corporation.
@owever, where the challen$e was made nearl% /C
%ears a#ter the e'ecutive order5 creatin$ the
municipalit% was issued, or where the municipalit%
has been in e'istence #or all o# -B %ears be#ore the
rulin$ in @elae5 v. )uditor <eneral was promul$ated
and various $overnmental acts throu$hout the %ears
indicate the tateHs reco$nition and ac4nowled$ment
o# the e'istence o# the municipal corporation, the
municipal corporation should be considered as a
re$ular de 1ure municipalit%.
2II4 +%r &$estion'
&')ADAN2 is a municipalit% composed o# DC
baran$a%s, /C west o# )ada4o ?iver and <C east
thereo#. The /C western baran$a%s, #eelin$ le#t out
o# economic initiatives, wish to constitute
themselves into a new and separate town to be
called )asi$la. A law is passed creatin$ )asi$la
and a plebiscite is made in #avor o# the law. B.
uppose that one %ear a#ter )asi$la was
constituted as a municipalit%, the law creatin$ it is
voided because o# de#ects. 0ould that invalidate
the acts o# the municipalit% andGor its municipal
o##icers1 !'plain brie#l%.
S$))este" Ans;er, Althou$h the municipalit%
cannot be considered as a de #acto corporation,
because there is no valid law under which it was
created, the acts o# the municipalit% and o# its
o##icers will not be invalidated, because the
e'istence o# the law creatin$ it is an operative #act
be#ore it was declared unconstitutional. @ence, the
previous acts o# the municipalit% and its o##icers
should be $iven e##ect as a matter o# #airness and
(ustice. ()unicipalit% o#)alaban$ v. Benito, .9
C?A <// K-EBEL
4. T(e +%r%n)%*
As the basic political unit, the baran$a% serves as
the primar% plannin$ and implementin$ unit o#
$overnmental policies, plans, pro$rams, pro(ects
and activities in the communit%, as a #orum wherein
the collective views o# the people ma% be
e'pressed , cr%stalli>ed and considered, and where
disputes ma% be amicabl% settled. (?A 9-BC,
ection /D=)
?. T(e M$nici#%lit*
The municipalit%, consistin$ o# a $roup o# barana%s,
serves primaril% as a $eneral purpose $overnment
#or the coordination o# and deliver% o# basic, re$ular
and direct services and e##ective $overnance o# the
inhabitants within its (urisdiction. (?A 9-BC, ection
==C)
?A 9-BC ections ==C-==9
<. T(e Cit*
The cit%, composed o# more urbani>ed and
developed baran$a%s, serves as a $eneral-
purpose $overnment #or the coordination and
deliver% o# basic, re$ular and direct services and
e##ective $overnance o# the inhabitants within its
territorial (urisdiction. (?A 9-BC, ection ==D)
?A 9-BC ections ==D-.<D
/B
SCHOOL OF LAW

Section 12. Cities that are hi$hl% urbani>ed, as
determined b% law, and component cities whose
charters prohibit their voters #rom votin$ #or
provincial elective o##icials, shall be independent
o# the province. The voters o# component cities
within a province, whose charters contain no
such prohibition, shall not be deprived o# their
ri$ht to vote #or elective provincial o##icials.
&' )a% a resident o# 7component cities whose charter
prohibit their voters #rom votin$ #or provincial elective
o##icials8 run #or a provincial elective o##ice1
A' "o. ection -. sa%s, these are independent o# the
province. This independence includes the incapacit% o# its
residents to run #or provincial o##ice. (Abella v.
C2)!3!C, -EE-)
I. T(e Province
The province composed o# a cluster o#
municipalities and component cities, and as a
political and corporate unit o# $overnment, serves
as a d%namic mechanism #or developmental
processes and e##ective $overnance o# local
$overnment units within its territorial (urisdiction.
(?A 9-BC, ection =<E)
(ee ?A 9-BC ections =<E-=BD)
@. A$tonomo$s re)ions in M$slim Min"%n%o %n" in
Cor"iller%s
(This will be discussed under ection -<)
()s of tis "riting, onl% one autonomous region,
tat of te #uslim #indanao, as been
establised.)
F. S#eci%l Metro#olit%n Politic%l S$-"ivisions
Section 11. The Con$ress ma%, b% law, create special
metropolitan political subdivisions, sub(ect to a plebiscite as
set #orth in ection -C hereo#. The component cities and
municipalities shall retain their basic autonom% and shall be
entitled to their own local e'ecutive and le$islative assemblies.
The (urisdiction o# the metropolitan authorit% that will thereb%
be created shall be limited to basic services re*uirin$
coordination.
:ursuant to Article X, ection --, Con$ress ma%,
b% law, create special metropolitan political
subdivisions sub(ect to a plebiscite set #orth in
ection .C, but the component cities and
municipalities shall retain their basic autonom% and
shall be entitled to their own local e'ecutives and
le$islative assemblies. The (urisdiction o# the
metropolitan authorit% that will thereb% created shall
be limited to basic services re*uirin$ coordination.
NOT7' As earlier decided in the Belair case, the
))DA is NOT the metropolitan political unit
contemplated in ection --. ?ather it is an
administrative a$enc% o# the $overnment and as
such it does not possess police power. It ma%
e'rcise onl% such powers as are $iven to it b% law.
@ence, where there is a tra##ic law or re$ulation
validl% enacted b% the le$islature or those a$encies
to whom le$islative powers have been dele$ated
(the Cit% o# )anila in this case) empowerin$ it to
con#iscate suspend licenses o# errin$ drivers, it
ma% do per#orm such acts. 0ithout such law,
however, the ))DA has no power.
---
L. Le%)$es o, L?Us.O,,ici%ls
(ee ?A 9-BC ections =E--=E<5 =EB-=ED)
Section 13. 3ocal $overnment units ma% $roup themselves,
consolidate or coordinate their e##orts, services, and resources
#or purposes commonl% bene#icial to them in accordance with
law.
&' Does the $roupin$ contemplated in ection -/
create a new (uridical entit%1
A' "o.
--.
&' )a% local $overnment units create these $roupin$s
even without prior enablin$ law1
A' Jes.
Li)% n) m)% +%r%n)%*A 2r$ani>ation o# all
baran$a% #or the primar% purpose o# determinin$
the representation o# the 3i$a in the san$$unians,
and #or ventilatin$, articulatin$ and cr%stalli>in$
issues a##ectin$ baran$a% $overnment
administration and securin$, throu$h proper and
le$al means, solutions thereto.
2II3 +%r &$estion
&' Can the 3i$a n$ m$a Baran$a% e'ercise
le$islative powers1
+&&!T!D A"0!?, The 3i$a n$ )$a
Baran$a% cannot e'ercise le$islative powers. As
stated in Bito-2non v. Aernande>. /<C C?A 9/.
K.CC-L, it is not a local $overnment unit and its
primar% purpose is to determine representation o#
the m$a in the san$$unians5 to ventilate, articulate,
and cr%stalli>e issues a##ectin$ baran$a%
$overnment administration5 and to secure solutions
#or them throu$h proper and le$al means.
Le%)$e o, M$nici#%lities. 2r$ani>ed #or the
primar% purpose o# ventilatin$, articulatin$ and
cr%stalli>in$ issues a##ectin$ municipal $overnment
administration, and securin$, throu$h proper and
le$al means, solutions thereto.
M. 3e)ion%l /evelo#ment Co$ncils
Section 14. The :resident shall provide #or re$ional
development councils or other similar bodies composed o#
local $overnment o##icials, re$ional heads o# departments and
other $overnment o##ices, and representatives #rom non-
$overnmental or$ani>ations within the re$ions #or purposes o#
administrative decentrali>ation to stren$then the autonom% o#
the units therein and to accelerate the economic and social
$rowth and development o# the units in the re$ion.
111
MMDA v. Garin, :.2. 3o. 130230, 0pril 1$, 200$.
112
/9
SCHOOL OF LAW

P$r#ose. The purpose o# this provision is to #oster
administrative decentrali>ation as a complement to
political decentrali>ation. This is meant to allow
bottom-to-top plannin$ rather than the reverse.
--/
Po;er to Cre%te 3/Cs. It will be noted that the
power to #orm these development councils is $iven
to the :resident. @e does not need authori>ation
#rom Con$ress.
--=
II. Loc%l A$tonom*
Section 2. The territorial and political subdivisions shall en(o%
local autonom%.
A. Constit$tion%l Provisions
Article II5 Section 25' The tate shall ensure the
autonom% o# local $overnments.
Article X5 Section 2' The territorial and political
subdivisions shall en(o% local autonom%.
ASee also Se!tions B'.'?' > and (+ of Ati!le =C
+. Si)ni,ic%nce o, /ecl%r%tion o, Loc%l A$tonom*
It is meant to #ree local $overnments #rom the well-
ni$h absolute control b% the le$islature which
characteri>ed local $overnment under the -E/<
Constitution. Thus, althou$h a distinction is made
between local $overnments in $eneral and
autonomous re$ions, even those outside the
autonomous re$ions are supposed to en(o%
autonom%.
--<
/. 3$les on Loc%l A$tonom*
7In resumU, the Court is la%in$ down the #ollowin$
rules,
-. 3ocal autonom%, under the Constitution,
involves a mere decentrali>ation o#
administration, not o# power, in which local
o##icials remain accountable to the central
$overnment in the manner the law ma%
provide5
.. The new Constitution does not prescribe
#ederalism5
/. The chan$e in constitutional lan$ua$e (with
respect to the supervision clause) was meant
but to den% le$islative control over local
$overnments5 it did not e'empt the latter #rom
le$islative re$ulations provided re$ulation is
consistent with the #undamental premise o#
autonom%5
=. ince local $overnments remain accountable
to the national authorit%, the latter ma%, b% law,
113
Bernas Commentar*, p 10#" (2003 ed).
114
Bernas Commentar*, p 10#" (2003 ed).
11$
and in the manner set #orth therein, impose
disciplinar% action a$ainst local o##icials5
$. OS$#ervisionO %n" Oinvesti)%tionO %re not
inconsistent termsJ Oinvesti)%tionO "oes
not si)ni,* OcontrolO (which the :resident
does not have)5 '''8 (<an5on v. C), <(
*/262, 0+.06.*$)
7. Me%nin) o, Loc%l A$tonom*
VLoc%l %$tonom*5 $n"er t(e Constit$tion5
involves % mere DECENTRALIDATION O/
ADMINISTRATION 5 not o, #o;er .... (&an>on v.
CA, -EE-)
N%c($r% %n" A)r% Notes' The principle o# local
autonom% under the -ED9 Constitution simpl% means
"ecentr%liG%tion. (Basco v. :a$cor, -E9 C?A
<.)
--B
(3ina v. :ano, .CC-)
,enas9 ;ocal autonom% means more tan 1ust
decentrali5ation. ?ut te concept of autonom% is
relative. )utonom% for local governments in general
"ill be less tan for te autonomous regions.
$$,
@owever, even as we reco$ni>e that the
Constitution $uarantees autonom% to local
$overnment units, the e'ercise o# local autonom%
remains sub(ect to the power o# control b%
Con$ress, and the power o# $eneral supervision b%
the :resident. (Iud$e Dadole v. C2A, .CC.)
&' 0hat is the meanin$ o# local autonom% as it has
emer$ed in recent decisions1
A' It means that local $overnments have certain
powers $iven b% the Constitution which ma% not be
curtailed b% the national $overnment, but that,
outside o# these, local $overnments ma% not pass
ordinances contrar% to statute. ()a$ta(as v. :r%ce
:roperties, ./= C?A .<< (-EE=)).
--D
&' Do local $overnments have the power to $rant
#ranchise to operate CAT; s%stem.
A' "o. (Batan$as CAT; v. CA, .CC=)
&' The law sa%s that the bud$et o##icer shall be
appointed b% the Department head upon the
recommendation o# the head o# local $overnment
sub(ect to civil service rules and re$ulations. I# none
o# those recommended b% the local $overnment
head meets the re*uirements o# law, ma% the
Department head appoint an%one he chooses1
A' "o, he must return the recommendations o# the
local $overnment head e'plainin$ wh% the
recommendees are not *uali#ied and as4 #or a new
recommendation. In other words, the
recommendation o# the local $overnment head is a
condition sine qua non o# the DepartmentHs
appointin$ authorit%. This is the onl% wa% local
autonom% can be $iven b% reco$nition the
116
117
11"
/D
SCHOOL OF LAW

Constitution wants it to have. 0hen in doubt, #avor
autonom%. (an Iuan v. CC, -EE-)
&' )a% C2A reduce the allowance $iven to (ud$es
b% local $overnments1
A' "o. ince the 3ocal &overnment Code authori>es
local $overnments to $ive allowance to (ud$es and
decide how much this should be, local autonom%
prohibits the Commission on Audit #rom inter#erin$
with the authorit% o# the local a $overnment b%
reducin$ what has been decided b% the local
$overnment. (Dadole v. C2A, .CC.5 3e%nes v. C2A,
.CC/)
4. 3e)ion%l A$tonom*
3e)ion%l %$tonom* is t(e "e)ree o, sel,A
"etermin%tion e>ercise" -* t(e loc%l
)overnment $nit visAPAvis t(e centr%l
)overnment. (Disomangcop v. Secretar% of @ublic
AorBs and !ig"a%s, <( $4*+4+, $$.26.2004)
73e)ion%l %$tonom* re,ers to t(e )r%ntin) o,
-%sic intern%l )overnment #o;ers to t(e #eo#le
o, % #%rtic$l%r %re% or re)ion ;it( le%st control
%n" s$#ervision ,rom t(e centr%l )overnment.
The ob(ective o# the autonom% s%stem is to permit
determined $roups, with a common tradition and
shared social-cultural characteristics, to develop
#reel% their wa%s o# li#e and herita$e, e'ercise their
ri$hts, and be in char$e o# their own business.8
(Disomangcop v. Secretar% of @ublic AorBs and
!ig"a%s, <( $4*+4+, $$.26.2004)
3e)ion%l %$tonom* is %lso % me%ns to;%r"s
solvin) e>istin) serio$s #e%ce %n" or"er
#ro-lems %n" secessionist movements.
:arentheticall%, autonom%, decentrali>ation and
re$ionali>ation, in international law, have become
politicall% acceptable answers to intractable
problems o# nationalism, separatism, ethnic con#lict
and threat o# secession. @owever, the creation o#
autonomous re$ions does not si$ni#% the
establishment o# a soverei$nt% distinct #rom that o#
the ?epublic, as it can be installed onl% Wwithin the
#ramewor4 o# this Constitution and the national
soverei$nt% as well as territorial inte$rit% o# the
?epublic o# the :hilippines. (Disomangcop v.
Secretar% of @ublic AorBs and !ig"a%s, <(
$4*+4+, $$.26.2004)
?. 4isc%l A$tonom*
7Loc%l %$tonom* incl$"es -ot( %"ministr%tive
%n" ,isc%l %$tonom*. ''' The Court declared
therein that local #iscal autonom% includes the
power o# the 3&+s to, inter alia, allocate their
resources in accordance with their own priorities.
''' Aurther, a basic #eature o# local #iscal autonom%
is the constitutionall% mandated automatic release
o# the shares o# 3&+s in the national internal
revenue.8 (@rovince of ?atangas v. (omulo, <(
$62,,4, 06.2,.2004)
7+nder e'istin$ law, local $overnment units, in
addition to havin$ administrative autonom% in the
e'ercise o# their #unctions, en(o% #iscal autonom%
as well. 4isc%l %$tonom* me%ns t(%t loc%l
)overnments (%ve t(e #o;er to cre%te t(eir
o;n so$rces o, reven$e in %""ition to t(eir
e0$it%-le s(%re in t(e n%tion%l t%>es rele%se"
-* t(e n%tion%l )overnment5 %s ;ell %s t(e
#o;er to %lloc%te t(eir reso$rces in %ccor"%nce
;it( t(eir o;n #riorities. It e'tends to the
preparation o# their bud$ets, and local o##icials in turn-
have to wor4 within the constraints thereo#. The% are not
#ormulated at the national level and imposed on local
$overnments, whether the% are relevant to local needs
and resources or not. @ence, the necessit% o# a balancin$
o# viewpoints and the harmoni>ation o# proposals #rom
both local and national o##icials, who in an% case are
partners in the attainment o# national $oals. 3ocal #iscal
autonom% does not however rule out an% manner o#
national $overnment intervention b% wa% o# supervision,
in order to ensure that local pro$rams, #iscal and
otherwise, are consistent with national $oals.
i$ni#icantl%, the :resident, b% constitutional #iat, is the
head o# the economic and plannin$ a$enc% o# the
$overnment, primaril% responsible #or #ormulatin$ and
implementin$ continuin$, coordinated and inte$rated
social and economic policies, plans and pro$rams #or the
entire countr%. @owever, under the Constitution, the
#ormulation and the implementation o# such policies and
pro$rams are sub(ect to Wconsultations with the
appropriate public a$encies, various private sectors, and
local $overnment units. The :resident cannot do so
unilaterall%.8 (@imentel v. )guirre, <( $/2*++,
0,.$*.2000)
7''' the limite" %n" restrictive n%t$re o, t(e t%>
e>em#tion #rivile)es $n"er t(e Loc%l
?overnment Co"e is consistent ;it( t(e St%te
#olic* to ens$re %$tonom* o, loc%l
)overnments and the ob(ective o# the 3ocal
&overnment Code to $rant $enuine and
meanin$#ul autonom% to enable local $overnment
units to attain their #ullest development as sel#-
reliant communities and ma4e them e##ective
partners in the attainment o# national $oals. The
obvious intention o# the law is to broaden the ta'
base o# local $overnment units to assure them o#
substantial sources o# revenue.8 (@!2;(CC) v.
D2;<, <( $4/0,7, 07.$0.200/)
70ith the added burden o# devolution, it is even
more imperative #or )overnment entities to s(%re
in t(e re0$irements o, "evelo#ment, #iscal or
otherwise, b% pa%in$ ta'es or other char$es due
#rom them.8 (.)@4C4( v. Cabanatuan Cit%, <(
$4*$$0, 04.0*.200/)
7 ''' in ta'in$ $overnment-owned or controlled
corporations, the St%te $ltim%tel* s$,,ers no
loss.8 (@ilippine @orts )utorit% v. 2loilo Cit%, <(
$0*,*$, 0,.$4.200/)
/E
SCHOOL OF LAW

7The important le$al e##ect o# ection < (o# Article X
o# the -ED9 Constitution) is that hence#orth, in
inter#retin) st%t$tor* #rovisions on m$nici#%l
,isc%l #o;ers, doubts will have to be resolved in
#avor o# municipal corporations.8 (San @ablo Cit% v.
(e%es, <( $2,,0+, 0/.26.**)
ACO3/ v. Q%mor% (&? -==.<B, CB.CD..CC<)
Constitution po%ides fo automati! elease of
IRA.
The &eneral Appropriation Act o# .CCC cannot
place a portion o# the Internal ?evenue
Allotment (:-CB) in an +npro$rammed Aund
onl% to be released when a condition is met i.e.
the ori$inal revenue tar$ets are reali>ed, since
this would violate the automatic release
provision under ection <, Article X o# the
Constitution. As the Constitution la%s upon the
e'ecutive the dut% to automaticall% release the
(ust share o# local $overnments in the national
ta'es, so it en(oins the le$islature not to pass
laws that mi$ht prevent the e'ecutive #rom
per#ormin$ this dut%. Both the e'ecutive and
le$islative are barred #rom withholdin$ the
release o# the I?A. I# the #ramers o# the
Constitution intended to allow the enactment o#
statutes ma4in$ the release o# I?A conditional
instead o# automatic, then Article X, ection B
o# the Constitution would have been worded
di##erentl%. Con$ress has control onl% over the
share which must be (ust, not over the manner
b% which the share must be released which
must be automatic since the phrase 7as
determined b% law8 *uali#ied the share, not the
release thereo#.
Province o, +%t%n)%s v. 3om$lo (&? -<.99=,
C<..9..CC=)
&AA !annot amend L&C. Constitution po%ides
fo automati! elease of IRA.
The &eneral Appropriation Acts o# -EEE, .CCC
and .CC- and resolutions o# the 2versi$ht
Committee cannot amend the -EE- 3ocal
&overnment Code inso#ar as the% provide #or
the local $overnmentsH share in the Internal
?evenue Allotments as well as the time and
manner o# distribution o# said share. A national
bud$et cannot amend a substantive law, in this
case the Code. The provisions in the &AA
creatin$ the 3ocal &overnment pecial
!*uali>ation Aund and authori>in$ the non-
release o# the =CS to all local $overnments are
inappropriate provisions. Aurther, the
restrictions are violative o# #iscal autonom%.
Aiscal autonom% means that local $overnments
have the power to create their own sources o#
revenue in addition to their e*uitable share in
the national ta'es released b% the national
$overnment, as well as the power to allocate
their resources in accordance with their own
priorities. It e'tends to the preparation o# their
bud$ets, and local o##icials in turn have to wor4
within the constraints thereo#. The% are not
#ormulated at the national level and imposed on
local $overnments, whether the% are relevant to
local needs and resources or not. Aurther, a
basic #eature o# local #iscal autonom% is the
constitutionall% mandated automatic release o#
the shares o# local $overnments in the national
internal revenue.
Civil Service Commission v. /e#%rtment o,
+$")et %n" M%n%)ement (&? -<D9E-,
C9.....CC<)
:No Repot' No ReleaseE poli!$ %iolates fis!al
autonom$.
A 7no report, no release8 polic% ma% not be
validl% en#orced a$ainst o##ices vested with
#iscal autonom%. uch polic% cannot be
en#orced a$ainst o##ices possessin$ #iscal
autonom% such as Constitutional Commissions
and local $overnments. The automatic release
provision #ound in the Constitution means that
these local $overnments cannot be re*uired to
per#orm an% act to receive the 7(ust share8
accruin$ to them #rom the national co##ers.
Pimentel v. A)$irre (&? -/.EDD, C9.-E..CCC)
E7e!uti%e 2it""olding of (+F of t"e Intenal
Re%enue Allotment 2it"out !ompl$ing 2it"
e4uiements set fot" in Se!tion *GB L&C
%iolated lo!al autonom$ and fis!al autonom$ of
lo!al go%enmentsH <it""olding amounted to
e7e!uti%e !ontol
7+nder e'istin$ law, local $overnment units, in
addition to havin$ administrative autonom% in
the e'ercise o# their #unctions, en(o% #iscal
autonom% as well8 and that 7#iscal autonom%
means that local $overnments have the power
to create their own sources o# revenue in
addition to their e*uitable share in the national
ta'es released b% the national $overnment, as
well as the power to allocate their resources in
accordance with their own priorities8.
/%"ole v. Commission on A$"it (&? -.</<C,
-..C/..CC.)
D,M !annot impose a limitation 2"en t"e la2
imposes none.
DB) 3ocal Bud$et Circular "o. << which
provides a limit to allowance that ma% be $iven
b% local $overnments to (ud$es is null and void
since the -EE- 3ocal &overnment does not
prescribe a limit. B% virtue o# hisG her power o#
supervision, the :resident can onl% inter#ere in
the a##airs and activities o# a local $overnment
unit i# it has acted contrar% to law.
Le*nes v. COA (&? -=/<EB, -..--..CC/)
D,M !annot nullif$ a statuto$ po2e.
A "ational Compensation Circular b% the
Department o# Bud$et and )ana$ement cannot
nulli#% the authorit% o# municipalities to $rant
allowances to (ud$es authori>ed in the -EE-
3ocal &overnment Code. The Circular prohibits
the pa%ment o# representation and
transportation allowances #rom more than one
source R #rom national and local $overnments.
?. Sel,A/etermin%tion
7el#-determination re#ers to the need #or a political
structure that will respect the autonomous peoplesP
uni*ueness and $rant them su##icient room #or sel#-
=C
SCHOOL OF LAW

e'pression and sel#-construction. (Disomangcop v.
Secretar% of @ublic AorBs and !ig"a%s, <(
$4*+4+, $$.26.2004)
<. /ecentr%liG%tion
A necess%r* #rere0$isite o, %$tonom* is
"ecentr%liG%tion. Decentrali>ation is a decision b%
the central $overnment authori>in$ its
subordinates, whether $eo$raphicall% or
#unctionall% de#ined, to e'ercise authorit% in certain
areas. It involves decision-ma4in$ b% subnational
units. It is t%picall% a dele$ated power, wherein a
lar$er $overnment chooses to dele$ate certain
authorit% to more local $overnments. Aederalism
implies some measure o# decentrali>ation, but
unitar% s%stems ma% also decentrali>e.
Decentrali>ation di##ers intrinsicall% #rom #ederalism
in that the sub-units that have been authori>ed to
act (b% dele$ation) do not possess an% claim o#
ri$ht a$ainst the central $overnment.
Decentrali>ation comes in two #orms T
deconcentration and devolution.
/econcentr%tion is administrative in nature5 it
involves the trans#er o# #unctions or the dele$ation
o# authorit% and responsibilit% #rom the national
o##ice to the re$ional and local o##ices. This mode o#
decentrali>ation is also re#erred to as administrative
decentrali>ation.
/evol$tion, on the other hand, connotes political
decentrali>ation, or the trans#er o# powers,
responsibilities, and resources #or the per#ormance
o# certain #unctions #rom the central $overnment to
local $overnment units. This is a more liberal #orm
o# decentrali>ation since there is an actual trans#er
o# powers and responsibilities. It aims to $rant
$reater autonom% to local $overnment units in
co$ni>ance o# their ri$ht to sel#-$overnment, to
ma4e them sel#-reliant, and to improve their
administrative and technical capabilities.8
(Disomangcop v. Secretar% of @ublic AorBs and
!ig"a%s, <( $4*+4+, $$.26.*++B)
7/ecentr%liG%tion sim#l* me%ns t(e "evol$tion
o, n%tion%l %"ministr%tion5 not #o;er5 to loc%l
)overnments. 3ocal o##icials remain accountable
to the central $overnment as the law ma% provide.8
(@imentel v. )guirre, <( $/2*++, 0,.$*.*+++)
&' Are autonom% and decentrali>ation the same1
A' "ot reall%. Autonom% is either de!entali6ation
of administation or de!entali6ation of po2e.
There is de!entali6ation of administation when
the central $overnment dele$ates administrative
powers to political subdivisions in order to broaden
the base o# $overnmental power an in the process to
ma4e local $overnments more responsive and
accountable and ensure their #ullest development as
sel#-reliant communities and ma4e them mote
e##ective partners in the pursuit o# national
development and social pro$ress. At the same time
it relieves the central $overnment o# the burden o#
mana$in$ local a##airs and enable it to concentrate
on national concernsO
De!entali6ation of po2e on the other hand,
involves an abdication o# political power in #avor o#
local $overnment units declared to be autonomous.
In that case the autonomous $overnment is #ree to
chart its own destin% and shape its #uture with
minimum intervention #rom central $overnment
authorities. Accordin$ to a constitutional author,
decentrali>ation o# power amounts to 7sel#-
immolation,8 since in that event, the autonomous
$overnment becomes accountable not to the central
authorities but to its constituenc%. (3imbona v. Conte
)i$uelin, 16!6 citin$ Bernas, Brewin$ the torm
2ver Autonom%)
--E

I. Presi"entMs ?ener%l S$#ervision
Section 4. The :resident o# the :hilippines shall e'ercise
$eneral supervision over local $overnments. :rovinces with
respect to component cities and municipalities, and cities and
municipalities with respect to component baran$a%s, shall
ensure that the acts o# their component units are within the
scope o# their prescribed powers and #unctions.
1. Po;er o, ?ener%l S$#ervision
The power o# $eneral supervision is the power o# a
superior o##icer to see to it that the lower o##icers
per#orm their #unctions in accordance with law. It
does not include the power to substitute oneHs
(ud$ment #or that o# a lower o##icer in matters where
a lower o##icer has various le$al alternatives to
choose #rom.
-.C
7Consistent with the doctrine that local $overnment
does not mean the creation o# imperium in imperio
or a state within a tate, the Constitution has
vested the :resident o# the :hilippines the power o#
$eneral supervision over local $overnment units.
uch $rant o# power includes the #o;er o,
"isci#line over loc%l o,,ici%ls, 4eepin$ them
accountable to the public, and seein$ to it that their
acts are 4ept within the bounds o# law. "eedless to
sa%, this awesome supervisor% power, however,
must be e'ercised (udiciousl% and with utmost
circumspection so as not to trans$ress the avowed
constitutional polic% o# local autonom%.8 (#alon5o
v. Damora, <( $/,,$+, 0,.2,.**)
7@and in hand with the constitutional restraint on
the :residentPs power over local $overnments is
the state polic% o# ensurin$ local autonom%. '''
P%r%"o>ic%ll*5 loc%l )overnments %re still
s$-:ect to re)$l%tion5 (o;ever limite"5 ,or t(e
#$r#ose o, en(%ncin) sel,A)overnment.8
(@imentel v. )guirre, <( $/2*++, 0,.$*.2000)
&' 0hen ection -D9 o# the 3ocal &overnment
Code authori>es the ecretar% o# Iustice to pass
(ud$ment on the constitutionalit% or le$alit% o# ta'
11#
120
Bernas Primer at 41" (2006 ed.)
=-
SCHOOL OF LAW

ordinances or revenue measures, does he not
e'ercise the power o# control1
A' "o. @e does not thereb% dictate the law should
be but merel% ensures that the ordinance is in
accordance with law. (Drilon v. 3im)
&' :etitioner challen$es the ri$ht o# the :resident,
throu$h the ecretar% o# Interior to suspend him on
the $round that the removal o# the phrase 7As ma%
be provided b% law8 #rom unconstitutional provision
has stripped the :resident and le$islature o# the
power over local $overnments. Corollaril%, he ar$ues
that new Constitution has e##ectivel% repealed
e'istin$ laws on the sub(ect. Decide.
A' The power o# $eneral supervision o# the
:resident includes the power to investi$ate and
remove. )oreover, ection / itsel# o# this Article
provides that the 3ocal &overnment Code (3&C)
ma% provide #or 7removal8 thus indicatin$ that laws
on the sub(ect are not out o# the compass o# the
le$islature. Autonom% does not trans#orm local
$overnments into 4in$doms unto themselves.
(&an>on v. CA, -EE-)
&' )a% the ecretar% o# the local &overnment
annul the election o# o##icers o# a #ederation o#
baran$a% o##icials1
A' "o. uch annulment would amount to control and
there#ore in e'cess o# e'ecutive supervisor% powers.
(Taule v. ecretar% antos, -EE-)
-.-
2. S$#ervisor* Str$ct$re in t(e Loc%l
?overnment S*stem
The :resident has $eneral supervision over all
3&+s. But his direct supervisor% contact is with
autonomous re$ions, provinces, and independent
cities. The rest #ollow in hierarchal order as
indicated in ection =.
@. Loc%l A$tonom* %n" Le)isl%tive Control
7The Constitution did not, however, intend, #or the
sa4e o# local autonom%, to "e#rive t(e le)isl%t$re
o, %ll %$t(orit* over m$nici#%l cor#or%tions, in
particular, concernin$ discipline. The chan$e in
constitutional lan$ua$e did not e'empt local
$overnments #rom le$islative re$ulation provided
re$ulation is consistent with the #undamental
premise o# autonom%.8 (<an5on v. C), <( */262,
0+.06.*$)
This basic relationship between the national
le$islature and the local $overnment units has not
been en#eebled b% the new provisions in the
Constitution stren$thenin$ the polic% o# local
autonom%. 0ithout meanin$ to detract #rom that
polic%, we here con#irm that Con)ress ret%ins
control o, t(e loc%l )overnment $nits %lt(o$)(
in si)ni,ic%ntl* re"$ce" "e)ree now than under
our previous Constitutions. The power to create still
includes the power to destro%. The power to $rant
still includes the power to withhold or recall. ''' B%
and lar$e, however, the national le$islature is still
121
the principal o# the local $overnment units, which
cannot de#% its will or modi#% or violate it.8
(#agta1as v. @r%ce @roperties, <( $$$0*,,
0,.20.*4)
III. Loc%l ?overnment Co"e
Pin!ipal &uidelines &i%en to Congess
Effe!ti%it$ of L&C
S!ope of Appli!ation
De!laation of Poli!$
Rules of Intepetation
Section 3. The Con$ress shall enact a local $overnment code
which shall provide #or a more responsive and accountable
local $overnment structure instituted throu$h a s%stem o#
decentrali>ation with e##ective mechanisms o# recall, initiative,
and re#erendum, allocate amon$ the di##erent local $overnment
units their powers, responsibilities, and resources, and provide
#or the *uali#ications, election, appointment and removal, term,
salaries, powers and #unctions and duties o# local o##icials, and
all other matters relatin$ to the or$ani>ation and operation o#
the local units.
A. Princi#%l ?$i"elines ?iven to Con)ress
The principal $uidelines $iven to Con$ress #or
structurin$ 3&+s are,
1. That the structure must be 7responsive and
accountable8 and 7instituted thou$h a s%stem
o# decentrali>ation.8
2. The structure must be both sensitive to the
needs o# the localit%, accountable to the
electorate o# the localit%, and #reed as much as
possible #rom central $overnment
inter#erence.
-..
&' The -E9/ Constitution contained a provision
which said that 7"o chan$e in the e'istin$ #orm o#
$overnment shall ta4e e##ect until rati#ied b% a
ma(orit% o# the votes cast in a plebiscite called #or
the purpose.8 0h% was this not retained1
A' The provision was considered too limitive o# the
power o# Con$ress.
-./
+. 7,,ectivit* o, L?C
@%n$%r* 15 16625 unless otherwise provided
herein, a#ter its complete publication in at least one
newspaper o# $eneral circulation (?A 9-BC, ection
</B)
C. Sco#e o, L?CMs A##lic%tion
The Code shall appl% to all provinces, cities,
municipalities, baran$a%s and other political
subdivisions as ma% be created b% law, and , to the
e'tent herein provided, to o##icials, o##ices or
122
Bernas Commentar*, p 10"1 (2003 ed).
123
=.
SCHOOL OF LAW

a$encies o# the "ational &overnment (?A 9-BC,
ection </B)
/. /ecl%r%tion o, Polic* (ection .)
1. The territorial and political subdivisions o# the
tate shall en(o% $enuine and meanin$#ul local
autonom% to enable them to attain their #ullest
development as sel#-reliant communities and
ma4e them more e##ective partners in the
attainment o# national $oals5
.. !nsure accountabilit% o# local $overnment
units throu$h the institution o# e##ective
mechanisms o# recall, initiative and
re#erendum5 and
/. ?e*uire all national a$encies and o##ices to
conduct periodic consultations with appropriate
local $overnment units, non-$overnmental and
peopleHs or$ani>ations, and other concerned
sectors o# the communit% be#ore an% pro(ect or
pro$ram is implemented in their respective
(urisdictions.
7. 3$les o, Inter#ret%tion
-. An% provision on a power o# local $overnment
unit shall be liberall% interpreted in its #avor,
and in case o# doubt, an% *uestion thereon
shall be resolved in #avor o# devolution o#
powers and o# the local $overnment unit.
.. An% ta' ordinance or revenue measure shall
be construed strictl% a$ainst the local
$overnment unit enactin$ it and liberall% in
#avor o# the ta'pa%er. An% ta' e'emption,
incentive or relie# $ranted b% an% local
$overnment unit shall be construed strictl%
a$ainst the person claimin$ it.
/. The $eneral wel#are provisions shall be
liberall% interpreted to $ive more powers to
local $overnment units in acceleratin$
economic development and up$radin$ the
*ualit% o# li#e #or the people in the communit%.
=. ?i$hts and obli$ations e'istin$ on the date o#
e##ectivit% o# this Code and arisin$ out o#
contracts or an% other source o# prestation
involvin$ a local $overnment unit shall be
$overned b% the ori$inal terms and conditions
o# said contracts or the law in #orce at the time
such ri$hts were vested.
$. In the resolution o# controversies arisin$ under
this Code where no le$al provision or
(urisprudence applies, resort ma% be had to
the customs and traditions in the place where
the controversies ta4e place.
-.=
(See page 7,7'7*, of :acBEs Compendium(2007))
IH. ?ener%l Po;ers %n" Attri-$tes o, L?Us
Po2es in &eneal
124
0ntonio 3achura, -utline on Political a!, $61 (2006)
&o%enmental Po2es
Copoate Po2es
Section 5. !ach local $overnment unit shall have the power to
create its own sources o# revenues and to lev% ta'es, #ees and
char$es sub(ect to such $uidelines and limitations as the
Con$ress ma% provide, consistent with the basic polic% o# local
autonom%. uch ta'es, #ees, and char$es shall accrue
e'clusivel% to the local $overnments.
Section 6. 3ocal $overnment units shall have a (ust share, as
determined b% law, in the national ta'es which shall be
automaticall% released to them.
Section . 3ocal $overnments shall be entitled to an e*uitable
share in the proceeds o# the utili>ation and development o# the
national wealth within their respective areas, in the manner
provided b% law, includin$ sharin$ the same with the
inhabitants b% wa% o# direct bene#its.
A. Po;ers in ?ener%l
1. So$rces
-. Article II, ection .<, 7The ate shall
ensure the autonom% o# local
$overnments.8
.. Article X, ections <,B, M 9.
/. tatutes (e.$., ?A 9-BC)
=. Charter (particularl% o# cities)
2. Cl%ssi,ic%tion
1. !'press , implied, inherent (powers
necessar% and proper #or $overnance,
e.$., to promote health and sa#et%,
enhance prosperit%, improve morals o#
inhabitants)
2. :ublic or $overnmental5 :rivate or
proprietar%
3. Intramural , e'tramural
4. )andator% , director%5 )inisterial,
discretionar%.
?overnment%l Po;ers Cor#or%te Po;ers
-. &eneral 0el#are
.. Basic ervices
and Aacilities
/. :ower to
&enerate and Appl%
?esources
=. !minent Domain
<. ?eclassi#ication
o# 3ands
B. Closure and
2penin$ o# ?oads
9. 3ocal 3e$islative
:ower
D. Authorit% over
:olice +nits
-. To have
continuous
succession in its
corporate name.
.. To sue and be
sued
/. To have and
use a corporate seal
=. To ac*uire and
conve% real or
personal propert%
<. :ower to enter
into contracts
B. To e'ercise
such other powers as
are $ranted to
corporations, sub(ect
to the limitations
provided in the Code
and other laws.
=/
SCHOOL OF LAW

3. 7>ec$tion o, Po;ers
-. 0here statute prescribes the manner o#
e'ercise, the procedure must be #ollowed5
2. 0here the statute is silent, local
$overnment units have discretion to select
reasonable means and methods o#
e'ercise.
-.<
+. ?overnment%l Po;ers
-. &eneral 0el#are (?A 9-BC, ection -B)
.. Basic ervices and Aacilities (?A 9-BC, 6-9)
/. :ower to &enerate and Appl% ?esources (?A
9-BC 6-D5 Article X, 66<-9)
=. !minent Domain (?A 9-BC, 6 -E)
<. ?eclassi#ication o# 3ands (?A 9-BC, 6 .C)
B. Closure and 2penin$ o# ?oads (?A 9-BC, 6
.-)
9. 3ocal 3e$islative :ower (?A 9-BC, 66 =D-<E)
D. Authorit% over :olice +nits (ee Article X;I,
ection B5 :": Act)
1. ?ener%l 8el,%re
?A 9-BC, ection -B, !ver% local $overnment unit
shall e'ercise the powers e'pressl% $ranted, those
necessaril% implied there#rom, as well as powers
necessar%, appropriate, or incidental #or its e##icient
and e##ective $overnance, and those which are
essential to the promotion o# $eneral wel#are.
0ithin their respective territorial (urisdiction, local
$overnment units shall ensure and support, amon$
other thin$s, the preservation and enrichment o#
culture, promote health and sa#et%, enhance the
ri$ht o# the people to a balanced ecolo$%,
encoura$e and support the development o#
appropriate and sel#-reliant scienti#ic and
technolo$ical capabilities, improve public morals,
enhance economic prosperit% and social (ustice,
promote #ull emplo%ment amon$ its residents,
maintain peace and order, and preserve the
com#ort and convenience o# their inhabitants.
Police #o;er. The $eneral wel#are clause is
the statutor% $rant o# police power to local
$overnment units.
7The )ener%l ;el,%re cl%$se (%s t;o
-r%nc(es.
(-) ?ener%l le)isl%tive #o;er, authori>es the
municipal council to enact ordinances and
ma4e re$ulations not repu$nant to law, as ma%
be necessar% to carr% into e##ect and dischar$e
the powers and duties con#erred upon the
municipal council b% law.
(.) Police #o;er #ro#er, authori>es the
municipalit% to enact ordinances as ma% be
necessar% and proper #or the health and
sa#et%, prosperit%, morals, peace, $ood order,
com#ort, and convenience o# the municipalit%
and its inhabitants, and #or the protection o#
12$
their propert%.8 ((ural ?anB of #aBati v.
#aBati, <( $60,7/, 0,.02.2004)
7As with the tate, the local $overnment ma%
be considered as havin$ properl% e'ercised its
police power onl% i# the #ollowin$ re*uisites are
met, (-) the interests o# the public $enerall%,
as distin$uished #rom those o# a particular
class, re*uire the inter#erence o# the tate, and
(.) the means emplo%ed are reasonabl%
necessar% #or the attainment o# the ob(ect
sou$ht to be accomplished and not undul%
oppressive upon individuals. 2therwise
stated, t(ere m$st -e % conc$rrence o, %
l%;,$l s$-:ect %n" l%;,$l met(o".8 (;ucena
<rand Central v. :)C, <( $4+//*
02.2/.2006)
Limit%tions on t(e e>ercise o, #o;ers $n"er
t(is cl%$se'
1. !'ercisable onl% within territorial limits o# the
local $overnment unit, e'cept #or protection o#
water suppl%.
2. !*ual protection clause. (The interests o# the
public in $eneral, as distin$uished #rom those
o# a particular class, re*uire the e'ercise o# the
power.
3. Due process clause . (The means emplo%ed
are reasonabl% necessar% #or the
accomplishment o# the purpose and not undul%
oppressive on individuals)
4. )ust not be contrar% to the Constitution and
the laws. :rohibited activities ma% not be
le$ali>ed in the $uise o# re$ulation5 activities
allowed b% law cannot be prohibited, onl%
re$ulated.
M%)t%:%s v. Pr*ce Pro#erties' To be
valid , an ordinance,
a. )ust not contravene
the Constitution and an% statute5
b. )ust not be un#air or
oppressive5
c. )ust not be partial or
discriminator%5
d. )ust not prohibit, but
a% re$ulate trade5
e. )ust not be
unreasonable and5
#. )ust be $eneral in
application and consistent with public
polic%.
C%ses'
H%li" 7>ercise o, Police Po;er
1. Clos$re o, +%n9. A local $overnment unit
ma%, in the e'ercise o# police power under the
$eneral wel#are clause, order the closure o# a ban4
#or #ailure to secure the appropriate ma%orHs permit
and business licenses. (?ural Ban4 o# )a4ati v.
)unicipalit% o# )a4ati, .CC=)
2. +%n on S(i#ment. The C upheld, as
le$itimate e'ercise o# the police power, the validit% o#
==
SCHOOL OF LAW

the :uerto :rincesa 2rdinance 7bannin$ the
shipment o# all live #ish and lobster outside :uerto
:rincesa #rom -EE/--EED as well as the
an$$unian$ :anlalawi$an ?esolution 7prohibitin$
that catchin$, $atherin$, possessin$, bu%in$, sellin$
and shipment o# live marine coral dwellin$ o# a*uatic
or$anisms #or a period o# < %ears, comin$ #rom
:alawan waters.8
/. It was held that the power o# municipal
corporations is broad and has been said to be
commensurate with but to e'ceed the dut% to
provide #or the real needs o# the people in their
health, sa#et%, com#ort and convenience, and
consistentl% as ma% be with private ri$hts. 2rdinance
is not unconstitutional merel% because it incidentall%
bene#its a limited number o# persons. The support
#or the poor has lon$ been an accepted e'ercise o#
the police power in the promotion o# the common
$ood. (Bina% v. Domin$o, .C- C?A <CD)
4. Im#osition o, Ann$%l 4ee. It was held
that where police power is used to discoura$e non-
use#ul occupations or enterprises, an annual permitG
license #ee o# :-CC.CC althou$h a bit e'orbitant, is
valid. (:h%sical Therap% 2r$ani>ation o# the
:hilippines v. )unicipal Board o# )anila)
<. The ordinance re*uirin$ owners o#
commercial cemeteries to reserve BS o# their burial
lots #or burial $rounds o# paupers was held invalid5 it
was not an e'ercise o# the police power, but o#
eminent domain. (FC v. !ricta, -.. C?A 9<E)
B. The )anila 2rdinance prohibitin$ barber
shops #rom conductin$ massa$e business in another
room was held valid, as it was passed #or the
protection o# public morals. (;elasco v. ;ille$as, -.C
C?A <BD)
7. Qonin) Or"in%nce. A >onin$ ordinance
reclassi#%in$ residential into commercial or li$ht
industrial area is a valid e'ercise o# the police
power. (2rti$as v. Aeati Ban4, E= C?A <//)
D. The act o# the )unicipal )a%or in openin$
Iupiter and 2rbit treets o# Bel Air ubdivision, to
the public was deemed a valid e'ercise o# police
power. (an$alan$ v. IAC, -9B C?A 9-E)
Inv%li" Or"in%nces
1. L?U m%* not re)$l%te s$-scri-er r%te.
A local $overnment unit ma% not re$ulate the
subscribe rates char$ed b% CAT; operators within
its territorial (urisdiction. The re$ulation and
supervision o# the CAT; industr% shall remain
vested 7solel%8 in the "TC. Considerin$ that the
CAT; industr% is so technical a #ield, "TC, a
speciali>ed a$enc%, is in a better position than the
local $overnment units to re$ulate it. This does not
mean, however, that the 3&+ cannot prescribe
re$ulations over CAT; operators in the e'ercise o#
the $eneral wel#are clause. (Batan$as CAT; v. CA,
.CC=)
2. Or"in%nce contr%r* to st%t$te (el"
inv%li". The ordinance prohibitin$ the issuance o# a
business permit to, and cancellin$ an% business
permit o# an% establishment allowin$ its premises to
be used as a casino, and the ordinance prohibitin$
the operation o# a casino, were declared invalid #or
bein$ contrar% to :D -DBE (Charter o#
:A&C2?)which has the character and #orce o# a
statute. ()a$ta(as)
3. 8(ere #o;er to )r%nt ,r%nc(ise not
)r%nte". 0hat Con$ress dele$ated to the Cit% o#
)anila in ?A =CE (?evised Charter o# )anila) with
respect to wa$ers and bettin$ was the power 7to
license, permit or re$ulate,8 not the power to
#ranchise. This means that the license or permit
issued b% the Cit% o# )anila to operate wa$er or
bettin$ activit%, such as (ai-lai, would not amount to
somethin$ meanin$#ul unless the holder o# the
license or permit was also #ranchised b% the "ational
&overnment to operate. There#ore, )anila
2rdinance "o. 9CB<, which purported to $rant ADC
a #rachise to conduct (ai-alai operations, is void and
ultra vires (3im v. :ac*uin$)
?A 9-BC e'pressl% authori>es the )a%or to
issue permits and licenses #or the holdin$ o#
activities #or an% charitable or wel#are purpose5
thus, the )a%or cannot #ei$n total lac4 o#
authorit% to act on re*uests #or such permits.
(2livares v. andi$anba%an , -EE<) But its is
the 3a$una 3a4e Development Authorit%
(33DA), not the municipal $overnment, which
has the e'clusive (urisdiction to issue permits
#or the en(o%ment o# #isher% privile$es in
3a$una de Ba%, b% virtue o# ?A =D<C, :D D-/
and !2 E.9, because althou$h ?A 9-BC vests
in municipalities the authorit% to $rant #isher%
privile$es in municipal waters, ?A 9-BC did not
repeal the charter o# 33DA, and the latter is an
e'ercise o# the police power. (33DA v. CA)
=. The ordinance o# Ba%amban$,
:an$asinan, appointin$ 3acuesta mana$er o#
#isheries #or .< %ears, renewable #or another .<
%ears, was held invalid, ultra vires, as it e##ectivel%
amends a $eneral law.(Terrado, v. CA, -/- C?A
/9/)
<. An ordinance imposin$ :C./C police
inspection #ee per sac4 o# cassava #lour produced
and shipped out o# the municipalit% was held invalid.
It is not a license #ee but a ta', un(ust and
unreasonable, since the onl% service o# the
municipalit% is #or the policeman to veri#% #rom the
drivers o# truc4s o# petitioner the number o# sac4s
actuall% loaded. ()atalin Coconut v. )unicipal
Council o# )alaban$, -=/ C?A =C=)
B. The power to issue permits to operate
coc4pits is vested in the )a%or, in line with the polic%
o# local autonom%. (:hilippine &ame#owl
Commission v. IAC)
7. The Bocaue, Bulacan ordinance
prohibitin$ the operation o# ni$ht-clubs, was
declared invalid, because o# his prohibitor%, not
merel% re$ulator%, character. (Dela Cru> v. :aras,
-./ C?A <BE)
D. It was held that the ordinance penali>in$
persons char$in$ #ull pa%ment #or admission o#
children (a$es 9--.) in moviehouses was an invalid
e'ercise o# police power #or bein$ unreasonable and
oppressive on business o# petitioners. (Balacuit v.
CAI)
1663 +%r &$estion
&' )a%or Al#redo 3im closed the #unhouses in the !rmita
district suspected o# bein$ #ronts #or prostitution. To
determine the #easibilit% o# puttin$ up a le$ali>ed red li$ht
district, the cit% council conducted an in*uir% and invited
operators o# the closed #unhouses to $et their views. "o
one honored the invitation. The cit% council issued
=<
SCHOOL OF LAW

subpoenas to compel the attendance o# the operators but
which were completel% disre$arded. The council declared
the operators $uilt% o# contempt and issued warrants #or
their arrest. The operators come to %ou #or le$al advice,
as4in$ the #ollowin$ *uestions, (-) Is the council
empowered to issue subpoenas to compel their
attendance1 (.) Does the council have the power to cite
#or contempt1
S$))este" Ans;er' (-) The cit% council is not
empowered to issue subpoenas to compel the attendance
o# the operators o# the #un-houses In the !rmita district.
There is no provision in the Constitution, the 3ocal
&overnment Code, or an% law e'pressl% $rantin$ local
le$islative bodies the power to subpoena witnesses. As
held in "e$ros 2riental II !lectric Cooperative, Inc. vs.
an$$unian$ :anlun$sod o# Duma$uete, -<< C?A =.-,
such power cannot be implied #rom the $rant o# dele$ated
le$islated power. uch power is Iudicial. To allow local
le$islative bodies to e'ercise such power without e'press
statutor% basis would violate the doctrine o# separation o#
powers.
(.) The cit% council does not have the power to cite #or
contempt. There is li4ewise no provision in the
Constitution, the 3ocal &overnment Code, or an% other
laws $rantin$ local le$islative bodies the power to cite #or
contempt. uch power cannot be deemed implied in the
dele$ation o# le$islative power to local le$islative bodies,
#or the e'istence o# such power poses a potential
dero$ation o# individual ri$hts.
2. +%sic Services %n" 4%cilities
?A 9-BC, ection -9, 3ocal $overnment units shall
endeavor to be sel#-reliant and shall continue
e'ercisin$ the powers and dischar$in$ the duties
and #unctions currentl% vested upon them. The%
shall also dischar$e the #unctions and
responsibilities o# national a$encies and o##ices
devolved to them pursuant to this Code (within B
months a#ter the e##ectivit% o# this Code) The% shall
li4ewise e'ercise such other powers and dischar$e
such other #unctions as are necessar%, appropriate,
or incidental to e##icient and e##ective provision o#
the basic services and #acilities enumerated herein.
"ote that public wor4s and in#rastructure pro(ects
and other #acilities, pro$rams and services #unded
b% the national $overnment under the &eneral
Appropriations Act and other laws, are not covered
under this section, e'cept where the local
$overnment unit is dul% desi$nated as the
implementin$ a$enc% #or such pro(ects, #acilities,
pro$rams and services.
-.B
/evol$tion. Devolution re#ers to the act b% which
the national $overnment con#ers power and authorit%
upon the various local $overnment units to per#orm
speci#ic #unctions and responsibilities. This includes
the trans#er to the local $overnment units o# the
records, e*uipment and other assets and personnel
o# national a$encies and o##ices. ?e$ional o##ices o#
national a$encies shall be phased out within one
%ear #orm the approval o# this Code. Career re$ional
directors who cannot be absorbed b% the local
$overnment unit shall be retained b% the national
$overnment, without diminution in ran4, salar% or
tenure.
-.9
126
127
3. Po;er to ?ener%te %n" A##l* 3eso$rces
3A 16I5 Section 1!, 3ocal $overnment units shall
have the power and authorit% to establish an
or$ani>ation that shall be responsible #or the
e##icient and e##ective implementation o# their
development plans, pro$ram ob(ectives and
priorities5 to create their own sources o# revenue
and to lev% ta'es, #ees and char$es which shall
accrue e'clusivel% to their use and disposition and
which shall be retained b% them5 to have a (ust
share in the national ta'es which shall be
automaticall% and directl% released to them without
need o# #urther action5 to have an e*uitable share
in the proceeds #rom the utili>ation and
development o# the national wealth and resources
within their respective territorial (urisdictions
includin$ develop, lease, encumber, alienate or
otherwise dispose o# real or personal propert% held
b% them in their proprietar% capacit% and to appl%
their resources and assets #or productive,
developmental or wel#are purposes, in the e'ercise
o# #urtherance o# their $overnmental or proprietar%
powers and #unctions and thereb% ensure their
development into sel#-reliant communities and
active participants in the attainment o# national
$oals.
Section 1! o, 3A 16I rest%tes %n"
im#lements Sections 5565 o, Article X. But
this power is alwa%s sub(ect to the limitations which
the Con$ress ma% provide b% law. (Basco v.
:A&C2?, -E9 C?A <.) Thus, it was held that the
local $overnment units have no power to ta'
instrumentalities o# the "ational &overnment, such
as :A&C2?.
7The #o;er to t%> is primaril% vested in the
Con$ress5 however, in our (urisdictions, it ma% be
e'ercised b% local le$islative bodies, no lon)er
merel* -* virt$e o, % v%li" "ele)%tion %s -e,ore5
-$t #$rs$%nt to "irect %$t(orit* con,erre" -*
Section 55 Article X o, t(e Constit$tion. +nder the
latter the e'ercise o# the power ma% be sub(ect to
such $uidelines and limitations as the Con$ress ma%
provide which, however, must be consistent with the
basic polic% o# local autonom%. ''' These polic%
considerations are consistent with the tate polic% to
ensure autonom% to local $overnments and the
ob(ective o# the 3&C that the% en(o% $enuine and
meanin$#ul local autonom% to enable them to attain
their #ullest development as sel#-reliant communities
and ma4e them e##ective partners in the attainment
o# national $oals. The power to ta' is the most
e##ective instrument to raise needed revenues to
#inance and support m%riad activities o# local
$overnment units #or the deliver% o# basic services
essential to the promotion o# the $eneral wel#are and
the enhancement o# peace, pro$ress, and prosperit%
o# the people.8 (#actan Cebu 2nternational )irport v.
#arcos, <( $$00+2, 0*.$$.*7)
&' 0hat are the #und sources o# local
$overnments1
A' The% are,
-. 3ocal ta'es, #ees and char$es5
=B
SCHOOL OF LAW

.. Its share in the national ta'es5
/. Its share in the proceeds o# the
utili>ation o# national resources within their
respective areas5
4. 2ther 7sources o# revenues8 which
the% ma% le$itimatel% ma4e use o# either in
their public or $overnmental capacit%, or
private or proprietar% capacit%.
-.D
&' 0hat is the scope o# their power to lev% ta'es,
#ees, and char$es1
A' The% are sub(ect to such $uidelines and
limitations as Con$ress ma% provide. @owever, such
$uidelines and limitations to be imposed b%
Con$ress must not be such as to #rustrate the 7basic
polic% o# local autonom%.8
-.E
&' 0hat is the share o# the national $overnment in
such ta'es, #ees and char$es1
A' "one.
-/C
&' In what wa% can local $overnments share in the
#ruits o# the utili>ation o# local natural resources1
A' 3ocal $overnments can either have shares #rom
revenues accruin$ throu$h #ees and char$es or the%
can receive direct bene#its such as lower rates, e.$.,
#or consumption o# electricit% $enerated within their
localit%.
-/-
4$n"%ment%l Princi#le ?overnin) t(e 7>ercise o,
t(e T%>in) %n" ot(er 3even$eA3%isin) Po;ers o,
L?Us (?A 9-BC, ection -/C)
-. Ta'ation shall be uni#orm in each 3&+5
.. Ta'es, #ees, char$es and other
impositions shall be e*uitable and based as #ar
as practicable on the ta'pa%erHs abilit% to pa%5
levied and collected onl% #or public purposes5
not un(ust, e'cessive, oppressive or
con#iscator%5 and not contrar% to law, public
polic%, national economic polic%, or in restraint
o# trade5
3. The collection o# local ta'es, #ees and
char$es and other impositions shall in no case
be let to an% private person5
=. The revenue collected shall inure solel% to
the bene#it o#, and be sub(ect to disposition b%
the local $overnment unit, unless speci#icall%
provided herein5 and
<. !ach 3&+ shall as #ar as practicable
evolve a pro$ressive s%stem o# ta'ation.
C%ses'
1. The e'ercise b% local $overnments o# the
power to ta' is ordained b% the present Constitution5
onl% $uidelines and limitations that ma% be
established b% Con$ress can de#ine and limit such
power o# local $overnments. (:hilippine :etroleum
Corporation v. )unicipalit% o# :ililia, ?i>al, -ED
C?A D.)
2. Con$ress has the power o# control over
local $overnments5 i# Con$ress can $rant a
12"
12#
130
131
municipal corporation the power to ta' certain
matters, it can also provide #or e'emptions or even
ta4e bac4 the power. ''' The power o# local
$overnments to impose ta'es and #ees is alwa%s
sub(ect to limitations which Con$ress ma% provide
b% law.''' 3ocal $overnments have no power to ta'
instrumentalities o# the "ational &overnment and is
there#ore e'empt #rom local ta'es. (Basco v.
:A&C2?, -E9 C?A <.)
3. 3&+s have the power to create their own
sources o# revenue, lev% ta'es, etc., but sub(ect to
such $uidelines set b% Con$ress. (!stanislao v.
costales, -EB C?A D</)
=. ection -D9, ?A 9-BC which authori>es
the ecretar% o# Iustice to review the
constitutionalit% o# le$alit% o# a ta' ordinanceTand i#
warranted, to revo4e it on either or both $roundsTis
valid, and does not con#er the power o# control over
local $overnment units in the ecretar% o# Iustice,
as even i# the latter can set aside a ta' ordinance,
he cannot substitute his own (ud$ment #or that o# the
local $overnment unit. (Drilon v. 3im, -EE=)
$. The Cit% o# Cebu as a 3&+, the power to
collect real propert% ta'es #rom the )actan Cebu
International Airport Auhtorit% ()CIAA v. )arcos,
-EEB) There is no *uestion that under ?A BE<D,
)CIAA is e'empt #orm the pa%ment o# realt% ta'es
imposed b% the "ational &overnment or an% o# its
political subdivisions5 nevertheless, since ta'ation is
the rule, the e'emption ma% be withdrawn at the
pleasure o# the ta'in$ authorit%. The onl% e'ception
to this rule is where the e'emption was $ranted to
private parties based on material consideration o# a
mutual nature, which then becomes contractual and
is thus covered b% the non-impairment clause o# the
Constitution.
6. 0hile indeed local $overnments are
authori>ed to impose business ta'es, the% can do so
onl% i# the entit% bein$ sub(ected to business ta' is a
business. (Thus, #or )a4ati to impose a business
ta' on a condominium, the cit% must prove that the
condominium is en$a$ed in business.)
-/.
Article X5 Section 6' 13ocal $overnment units
shall have a (ust share, as determined b% law, in
the national ta'es which shall be automaticall%
released to them.8
S(%re in N%tion%l T%>es. ection B mandates that
(-) the 3&+s shall have a W(ust shareW in the national
ta'es5 (.) the W(ust shareW shall be determined b%
law5 and (/) the W(ust shareW shall be automaticall%
released to the 3&+s. Thus, where the local
$overnment share has been determined b% the
&eneral Appropration Act, its relese ma% not be
made sub(ect to te condition that Wsuch amount shall
be released to the local $overnment units sub(ect to
the implementin$ rules and re$ulations, includin$
such mechanisms and $uidelines #or the e*uitable
allocations and distribution o# said #und amon$ local
$overnment units sub(ect to the $uidelines that ma%
be prescribed b% the 2versi$ht Committee on
Devolution.W To sub(ect its distribution and release to
the va$aries o# the implementin$ rules and
re$ulations, includin$ the $uidelines and
132
Yamane v. BA e!anto Condominium, :.2. 3o. 1$4##3, -cto'er
2$, 200$.
=9
SCHOOL OF LAW

mechanisms unilaterall% prescribed b% the 2versi$ht
Committee #rom time to time, as sanctioned b% the
assailed provisos in the &AAs o# -EEE, .CCC and
.CC- and the 2CD resolutions, ma4es the release
not automatic and a #la$rant violation o# the
constitutional and statutor% mandate that the W(ust
shareW o# the 3&+s Wshall be automaticall% released
to them.W
-//
)oreover, neither Con$ress nor the !'ecutive ma%
impose conditions on the release. As the
Constitution la%s upon the e'ecutive the dut% to
automaticall% release the (ust share o# local
$overnments in the national ta'es, so it en(oins the
le$islature not to pass laws that mi$ht prevent the
e'ecutive #rom per#ormin$ this dut%. To hold that the
e'ecutive branch ma% disre$ard constitutional
provisions which de#ine its duties, provided it has the
bac4in$ o# statute, is virtuall% to ma4e the
Constitution amendable b% statute R a proposition
which is patentl% absurd. )oreover, i# it were the
intent o# the #ramers to allow the enactment o#
statutes ma4in$ the release o# I?A conditional
instead o# automatic, then Article X, ection B o# the
Constitution would have been worded to sa% 7shall
be Kautomaticall%L released to them as provided b%
law.8
-/=
4$n"%ment%l Princi#le ?overnin) t(e 4in%nci%l
A,,%irs5 Tr%ns%ctions %n" O#er%tions o, L?Us
(?A 9-BC, ection /C<)
-. "o mone% shall be paid out o# the local treasur%
e'cept in pursuance o# an appropriation
ordinance o# law5
.. 3ocal $overnment #unds and monies shall be
spent solel% #or public purposes5
3. 3ocal revenue is $enerated onl% #rom sources
e'pressl% authori>ed b% law or ordinance, and
collection thereo# shall at all times be
ac4nowled$ed properl%.
=. All monies o##iciall% received b% a local
$overnment o##icer in an% capacit% or on an%
occasion shall be accounted #or as local #unds,
unless otherwise provided b% law5
<. Trust #unds in the local treasur% shall not be
paid out e'cept in #ul#illment o# the purpose #or
which the trust was created or the #unds
received5
B. !ver% o##icer o# the local $overnment unit
whose duties permit or re*uire the possession
or custod% o# local #unds shall be properl%
bonded, and such o##icer shall be accountable
and responsible #or said #unds and #or the
sa#e4eepin$ thereo# in con#ormit% with the
provisions o# law5
9. 3ocal $overnments shall #ormulate sound
#inancial plans, and the local bud$ets shall be
based on #unctions, activities, and pro(ects in
terms o# e'pected results5
D. 3ocal bud$et plans and $oals shall, as #ar as
practicable, be harmoni>ed with national
development plans, $oals and strate$ies in
order to optimi>e the utili>ation o# resources
and to avoid duplication in the use o# #iscal and
ph%sical resources.
133
Batangas v. "#ecutive Secretar$, :.2. 3o. 1$2774. &a* 27,
2004
134
Alternative Center v. %amora, :.2. 3o. 1442$6, 5une ", 200$.
E. 3ocal bud$ets shall operationali>e approved
local development plans5
-C. 3&+s shall ensure that their respective bud$ets
incorporate the re*uirements o# their
component units and provide #or e*uitable
allocation o# resources amon$ these
component units5
--. "ational plannin$ shall be based on local
plannin$ to ensure that the needs and
aspirations o# the people is articulated b% the
3&+s in their respective local development
plans are considered in the #ormulation o#
bud$ets o# national line a$encies or o##ices5
-.. Aiscal responsibilit% shall be shared b% all those
e'ercisin$ authorit% over the #inancial a##airs,
transactions, and operations o# the 3&+s5 and
-/. The 3&+ shall endeavor to have a balanced
bud$et in each #iscal %ear o# operation.
1661 +%r &$estion
&'The province o# :alawan passes an ordinance
re*uirin$ all ownersGoperators o# #ishin$ vessels
that #ish in waters surroundin$ the province to
invest ten percent (-CS) o# their net pro#its #rom
operations therein in an% enterprise located in
:alawan. "A?C2 Aishin$ Corp., a Ailipino
corporation with head o##ice in "avotas, )etro
)anila, challen$es the ordinance as
unconstitutional. Decide the case.
S$))este" Ans;er' The ordinance is invalid. The
ordinance was apparentl% enacted pursuant to
Article X, ec. 9 o# the Constitution, which entitles
local $overnments to an e*uitable share in the
proceeds o# the utili>ation and development o# the
national wealth within their respective areas.
@owever, this should be made pursuant to law. A
law is needed to implement this provision and a
local $overnment cannot constitute itsel# unto a
law. In the absence o# a law the ordinance in
*uestion is invalid.
4. 7minent /om%in
?A 9-BC, ection -E, A 3ocal &overnment +nit
ma%, throu$h its chie# e'ecutive and actin$
pursuant to an or"in%nce, e'ercise power o#
eminent domain #or public use, or purpose, or
wel#are #or the bene#it o# the poor and the landless,
upon pa%ment o# (ust compensation, pursuant to
the provisions o# the Constitution and pertinent
laws, :rovided, however, That the power o#
eminent domain ma% not be e'ercised unless a
valid and de#inite o##er has been previousl% made
to the owner and such o##er was not accepted,
:rovided, #urther, That the 3&+ ma% immediatel%
ta4e possession o# the propert% upon the #ilin$ o#
e'propriation proceedin$s and upon ma4in$ a
deposit with the proper court o# at least -<S o# the
#air mar4et value o# the propert% based on the
current ta' declaration o# the propert% to be
e'propriated, :rovided, #inall%, That the amount to
be paid #or the e'propriated propert% shall be
determined b% the proper court, based on the #air
mar4et value at the time o# the ta4in$ o# the
propert%.
=D
SCHOOL OF LAW

7Loc%l )overnment $nits (%ve no in(erent #o;er
o, eminent "om%in and can e'ercise it onl% when
e'pressl% authori>ed b% the le$islature. B% virtue o#
?A 9-BC, Con$ress con#erred upon local
$overnment units the power to e'propriate. '''
There are two le$al provisions which limit the
e'ercise o# this power, (-) no person shall be
deprived o# li#e, libert%, or propert% without due
process o# law, nor shall an% person be denied the
e*ual protection o# the laws5 and (.) private propert%
shall not be ta4en #or public use without (ust
compensation. Thus, the e'ercise b% local
$overnment units o# the power o# eminent domain is
not absolute. In #act, ection -E o# ?A 9-BC itsel#
e'plicitl% states that such e'ercise must compl% with
the provisions o# the Constitution and pertinent
laws.8 (;agcao v. ;abra, <( $66,47, $0.$/. 2004)
7trictl% spea4in$, the power o# eminent domain
dele$ated to an 3&+ is in realit% not eminent but
Oin,eriorO "om%in, since it must con#orm to the
limits imposed b% the dele$ation, and thus parta4es
onl% o# a share in eminent domain. Indeed, Wthe
national le$islature is still the principal o# the local
$overnment units, which cannot de#% its will or
modi#% or violate it.8 (@aranaque v. 8# (ealt% Corp.,
<( $2,+20, 0,.20.*+)
7It is true that local $overnment units have no
inherent power o# eminent domain and can e'ercise
it onl% when e'pressl% authori>ed b% the le$islature.
It is also true that in dele$atin$ the power to
e'propriate, the le$islature ma% retain certain control
or impose certain restraints on the e'ercise thereo#
b% the local $overnments. 0hile such dele$ated
power ma% be a limited authorit%, it is complete
within its limits. )oreover, the limitations on the
e'ercise o# the dele$ated power must be clearl%
e'pressed, either in the law con#errin$ the power or
in other le$islations. St%t$tes con,errin) t(e #o;er
o, eminent "om%in to #olitic%l s$-"ivisions
c%nnot -e -ro%"ene" or constricte" -*
im#lic%tion.8 (@rovince of Camarines Sur v. C),
222 SC() $,/)
Limit%tions on t(e 7>ercise o, t(e Po;er o,
7minent /om%in -* Loc%l ?overnment Units'
-. !'ercised onl% b% the local chie#
e'ecutive, actin$ pursuant to a valid
ordinance5
.. Aor public use or purpose or wel#are,
#or the bene#it o# the poor and the landless5
/. 2nl% a#ter a valid and de#inite o##er
had been made to, and not accepted b%, the
owner.
It was held that the an$$unian$ :anlalawi$an
cannot validl% disapprove the resolution o# the
municipalit% e'propriatin$ a parcel o# land #or the
establishment o# a $overnment center. The power o#
eminent domain is e'plicitl% $ranted to the
municipalit% under the 3ocal &overnment Code.
2II5 +%r &$estion
&' The an$$unian$ Ba%an o# the )unicipalit% o# anta,
Ilocos ur passed ?esolution "o. - authori>in$ its )a%or
to initiate a petition #or the e'propriation o# a lot owned b%
Christina as site #or its municipal sports center. This was
approved b% the )a%or. @owever, the an$$unian$
:anlalawi$an o# Ilocos ur disapproved the ?esolution as
there mi$ht still be other available lots in anta #or a
sports center. "onetheless, the )unicipalit% o# anta,
throu$h its )a%or, #iled a complaint #or eminent domain.
Christina opposed this on the #ollowin$ $rounds, (a) the
)unicipalit% o# anta has no power to e'propriate5 (b)
?esolution "o. - has been voided since the an$$unian$
:anlalawi$an disapproved it #or bein$ arbitrar%5 and (c)
the )unicipalit% o# anta has other and better lots #or that
purpose. ?esolve the case with reasons.
S$))este" Ans;er, +nder ection -E o# ?.A. "o. 9-BC,
the power o# eminent domain is e'plicitl% $ranted to the
municipalit%, but must be e'ercised throu$h an ordinance
rather than throu$h a resolution. ()unicipalit%
o#:arana*ue v. ;.). ?ealt% Corp., &.?. "o. -.9D.C, Iul%
.C, -EED)
The an$$unian$ :anlalawi$an o# Ilocos ur was without
the authorit% to disapprove ?esolution "o. - as the
municipalit% clearl% has the power to e'ercise the ri$ht o#
eminent domain and its an$$unian$ Ba%an the capacit%
to promul$ate said resolution. The onl% $round upon
which a provincial board ma% declare an% municipal
resolution, ordinance or order invalid is when such
resolution, ordinance or order is be%ond the powers
con#erred upon the council or president ma4in$ the same.
uch is not the situation in this case. ()oda% v. Court o#
Appeals, &.?. "o. -C9E-B, Aebruar% .C, -EE9)
The *uestion o# whether there is $enuine necessit% #or
the e'propriation o# ChristinaPs lot or whether the
municipalit% has other and better lots #or the purpose is a
matter that will have to be resolved b% the Court upon
presentation o# evidence b% the parties to the case.
5. 3ecl%ssi,ic%tion o, L%n"s
A cit% or municipalit% ma%, throu$h an ordinance
passed a#ter conductin$ public hearin$s #or the
purpose, authori>e the reclassi#ication o#
a$ricultural lands and provide #or the manner o#
their utili>ation or disposition,
-. 0hen the land ceases to be economicall%
#easible and sound #or a$ricultural
purposes as determined b% the
Department o# A$riculture, or
.. 0here the land shall have substantiall%
$reater economic value #or residential,
commercial or industrial purposes, as
determined b% the san$$unian5
:rovided that such reclassi#ication shall be
limited to the #ollowin$ percenta$e o# the total
a$ricultural land area at the time o# the
passa$e o# the ordinance,
i. Aor hi$hl% urbani>ed cities and
independent component cities, -<S
ii. Aor component cities and -
st
to /
rd
class municipalities, -CS
iii. Aor =
th
to B
th
municipalities, <S.
:rovided that a$ricultural land distributed to
land re#orm bene#iciaries shall not be
a##ected b% such reclassi#ication.
6. Clos$re %n" O#enin) o, 3o%"s
?A 9-BC, ection .-. A local $overnment unit ma%,
pursuant to an ordinance, permanentl% or
=E
SCHOOL OF LAW

temporaril% close or open an% local road, alle%,
par4 or s*uare #allin$ within its (urisdiction,
provided that in case o# permanent closure, such
ordinance must be approved b% at least .G/ o# all
the members o# the san$$unian, and when
necessar%, an ade*uate substitute #or the public
#acilit% shall be provided.
A""ition%l limit%tions in c%se o, #erm%nent
clos$re'
-. Ade*uate provision #or the maintenance o#
public sa#et% must be made5
.. The propert% ma% be used or conve%ed #or an%
purpose #or which other real propert% ma% be
law#ull% used or conve%ed, but no #reedom
par4 shall be closed permanentl% without
provision #or its trans#er or relocation to a new
site.
"ote, Temporar% closure ma% be made durin$ an
actual emer$enc%, #iesta celebrations, public
rallies, etc.
C%ses'
-. A municipalit% has the authorit% to prepare and
adopt a land use map, promul$ate a >onin$
ordinance, and close an% municipal road.
(:ilapil v. CA, .-B C?A //)
2. The closure o# = streets in Baclaran,
:arana*ue was held invalid #or non-compliance
with ))A 2rdinance "o. .. Aurther, provincial
roads and cit% streets are propert% #or public
use under Article =.=, Civil Code, hence under
the absolute control o# Con$ress. The% are
outside the commerce o# man, and cannot be
disposed o# to private persons. ("ote, This
case was decided under the ae$is o# the old
3ocal &overnment Code) ()acasiano v.
Dio4no, .-. C?A =B=)
/. 2ne whose propert% is not located on the
closed section o# the street ordered closed b%
the :rovincial Board o# Catanduanes has no
ri$ht to compensation #or the closure i# he still
has reasonable access to the $eneral s%stem
o# streets. (Cabrera v. CA, -E< C?A /-=)
=. The power to vacate is discretionar% on the
an$$unian.''' when properties are no lon$er
intended #or public use, the same ma% be used
or conve%ed #or an% law#ul purpose, and ma%
even become patrimonial and thus be the
sub(ect o# common contract. (Cebu 2'%$en M
Acet%lene Co. v. Berciles, BB C?A =D-)
<. The Cit% Council has the authorit% to determine
whether or not a certain street is still necessar%
#or public use. (Aavis v. Cit% o# Ba$uio, .E
C?A =<B)
6. The Cit% )a%or o# )anila cannot b% himsel#,
withdraw :adre ?ada as a public mar4et. The
establishment and maintenance o# public
mar4ets is amon$ the le$islative powers o# the
Cit% o# )anila5 hence, the need #or (oint action
b% the an$$unian and the )a%or.
. Loc%l Le)isl%tive Po;er (!'ercised b% the
local san$$unian)
%. Pro"$cts o, le)isl%tive %ction'
1. Odinan!e- prescribes a permanent
rule o# conduct.
2. Resolution- o# temporar% character,
or e'presses sentiment.
-. 3e0$isites ,or v%li"it*
-. )ust not contravene the Constitution
and an% statute5
.. )ust not be un#air or oppressive5
/. )ust not be partial or discriminator%5
=. )ust not prohibit but ma% re$ulate
trade5
<. )ust not be unreasonable5
B. )ust be $eneral in application and
consistent with public polic%.
c. A##rov%l o, Or"in%nces
2rdinances passed b% the san$$unian$
panlalawi$an, san$$unian$ panlun$sod, or
san$$unian$ ba%an shall be approved,
-. I# the local chie# e'ecutive approves
the same, a##i'in$ his si$nature on each
an ever% pa$e thereo#.
2. I# the local chie# e'ecutive vetoes the
same, and the veto is overridden b% .G/
vote o# all the members o# the
san$$unian. The local chie# e'ecutive
ma% veto the ordinance, onl% once, on the
$round that the ordinance is ultra vires, or
that it is pre(udicial to the public wel#are.
@e ma% veto an% particular item or items
o# an appropriation ordinance, an
ordinance or resolution adoptin$ a
development plan and public investment
pro$ram, or an ordinance directin$ the
pa%ment o# mone% or creatin$ liabilit%. In
such a case, the veto shall not a##ect the
items or items which are not ob(ected to.
The veto shall be communicated b% the
local chie# e'ecutive to the san$$unian
within -< da%s in case o# a province, or -C
da%s in case o# a cit% or municipalit%5
otherwise, the ordinance shall be deemed
approved as i# he si$ned it.
In Delos (e%es v. Sandiganba%an, $**,,
where petitioner was char$ed with
#alsi#ication o# a public document #or
approvin$ a resolution which purportedl%
appropriate mone% to pa% #or the terminal
leave o# . emplo%ees when actuall% no
such resolution was passed, the petitioner
ar$ued that his si$nature on the resolution
was merel% ministerial. The C disa$reed,
sa%in$ that the $rant o# the veto power
accords the )a%or the discretion whether
or not to disapprove the resolution.
7A s%n))$ni%n is % colle)i%l -o"*. 3e$islation,
which is the principal #unction and dut% o# the
san$$unian, re*uires the participation o# all its
members so that the% ma% not onl% represent
<C
SCHOOL OF LAW

the interests o# their respective constituents but
also help in the ma4in$ o# decisions b% votin$
upon ever% *uestion put upon the bod%. The acts
o# onl% a part o# the an$$unian done outside
the parameters o# the le$al provisions
a#orementioned are le$all% in#irm, hi$hl%
*uestionable and are, more importantl%, null and
void. And all such acts cannot be $iven bindin$
#orce and e##ect #or the% are considered uno##icial
acts done durin$ an unauthori>ed session.8
(Damora v. Caballero, <( $4,,7,,
0$.$4.2004)
K"ote, 2rdinances enacted b% the
san$$unian$ baran$a% shall, upon
approval b% a ma(orit% o# all its members,
be si$ned b% the punon$ baran$a%. The
latter has no veto power.L
". 3evie; -* S%n))$ni%n) P%nl%l%;i)%n
:rocedure, 0ithin / da%s a#ter approval, the
secretar% o# the san$unian$ panlu$sod (in
component cities) or san$$uninan$ ba%an
shall #orward to the san$$unian$
pan$lalawi$an #or review copies o# approved
ordinances and resolutions approvin$ the local
development plans and public investment
pro$rams #ormulated b% the local development
councils. The sann$unian$ panlalawi$an shall
review the same within /C da%s5 i# it #inds that
the ordinance or resolution is be%ond the
power con#erred upon the san$$unian$
panlus$sod or sa$$unian$ ba%an concerned, it
shall declare such ordinance or resolution
invalid in whole or in part. I# no action is ta4en
within /C da%s, the ordinance or resolution is
presumed consisted with law, valid.
e. 3evie; o, +%r%n)%* Or"in%nces
0ithin -C da%s #rom enactment, the
san$$unian$ baran$a% shall #urnish copies o#
all baran$a% ordinances to the san$$unian$
panlun$sod or san$$unian$ ba%an #or review.
I# the reviewin$ san$$unian #inds the baran$a%
ordinances inconsistent with law or cit% or
municipal ordinances, the san$$unian
concerned shall, within /C da%s #orm receipt
thereo#, return the same with its commentsand
recommendations to the san$$unian$
baran$a% #or ad(ustment, amendment or
modi#ication, in which case the e##ectivit% o# the
ordinance is suspended until the revision
called #or is e##ected. I# no action is ta4en b%
the san$$unian$ panlun$sod or san$$unian$
ba%an within /C da%s, the ordinance is
deemed approved.
,. 7n,orcement o, "is%##rove" or"in%nces.
resol$tions
An% attempt to en#orce an ordinance or
resolution approvin$ the local development
plan and public investment pro$ram, a#ter the
disapproval thereo#, shall be su##icient $round
#or the suspension or dismissal o# the o##icial or
emplo%ee concerned.
). 7,,ectivit*.
+nless otherwise stated in the ordinance or
resolution, the same shall ta4e e##ect a#ter -C
da%s #rom the date a cop% thereo# is posted in
a bulletin board at the entrance o# the
provincial capitol, or cit%, municipal or
baran$a% hall, and in at least two other
conspicuous places in the local $overnment
unit concerned.
i. The $ist o# all ordinances with penal
sanction shall be published in a
newspaper o# $eneral circulation within
the province where the local le$islative
bod% concerned belon$s. In the absence
o# a newspaper o# $eneral circulation
within the province, postin$ o# such
ordinances shall be made in all
municipalities and cities o# the province
where the san$$unian o# ori$in is
situated.
ii. In the case o# hi$hl% urbani>ed and
independent component cities, the main
#eatures o# the ordinance or resolution
dul% enacted shall, in additions to bein$
posted, be published once in a local
newspaper o# $eneral circulation within
the cit%5 o# there is no such newspaper
within the cit%, then publication shall be
made in an% newspaper o# $eneral
circulation.
(. Sco#e o, Loc%l L%; M%9in) A$t(orit*
-. an$$unians e'ercise onl%
dele$ated le$islative powers con#erred on
them b% Con$ress. As mere a$ents, local
$overnments are vested with the power o#
subordinate le$islation. (#agta1as v.
@r%ce, <( $$$0*,, 0,.20.*4)
.. It is a #undamental principle that
municipal ordinances are in#erior in status
and subordinate to the laws o# the tate.
An ordinance in con#lict with a state law o#
$eneral character and statewide
application is universall% held to be
invalid. The principle is #re*uentl%
e'pressed in the declaration that
municipal authorities, under a $eneral
$rant o# power, cannot adopt ordinances
which in#rin$e upon the spirit o# a state
law or repu$nant to the $eneral polic% o#
the state. In ever% power to pass
ordinances $iven to a municipalit%, there
is an implied restriction that the
ordinances shall be consistent with the
$eneral law. (?atangas C)&8 v. Court of
)ppeals, <( $/++$0, 0*.20.2004)
<-
SCHOOL OF LAW

/. The -EE- 3ocal &overnment Code
provides that local le$islative power shall
be e'ercised b% the san$$unian. The
le$islative acts o# the san$$unian in the
e'ercise o# its lawma4in$ authorit% are
denominated ordinances. Aor an
ordinance to be valid, it must not onl% be
within the corporate powers o# the local
$overnment concerned to enact but must
also be passed accordin$ to the
procedure prescribed b% law. (;agcao v.
;abra, <( $66,47, 4ctober $/, 2004)
=. A proviso in an ordinance directin$
that the real propert% ta' be based on the
actual amount re#lected in the deed o#
conve%ance or the prevailin$ BI? >onal
value is invalid not onl% because it
mandates an e'clusive rule in determinin$
the #air mar4et value but more so because
it departs #rom the established procedures
stated in the 3ocal Assessment
?e$ulations "o. --E. and undul%
inter#eres with the duties statutoril% placed
upon the local assessor b% completel%
dispensin$ with his anal%sis and discretion
which the Code and the re$ulations
re*uire to be e'ercised. Aurther, the
charter does not $ive the local
$overnment that authorit%. An ordinance
that contravenes an% statute is ultra vires
and void. ()llied ?anBing Corporation v.
3ue5on Cit%, <( $64$27, $0.$$.2006)
1666 +%r &$estion
&' Iohnn% was emplo%ed as a driver b% the
)unicipalit% o# Calumpit, Bulacan. 0hile drivin$
rec4lessl% a municipal dump truc4 with its load o#
sand #or the repair o# municipal streets,Iohnn% hit a
(eepne%. Two passen$ers o# the (eepne% were
4illed. The an$$unian$ Ba%an passed an
ordinance appropriatin$ :/CC,CCC as
compensation #or the heirs o# the victims.
-) Is the municipalit% liable #or the ne$li$ence o#
Iohnn%1
.) Is the municipal ordinance valid1
S$))este" Ans;er,
.) The ordinance appropriatin$ :/CC,CCC.CC #or the
heirs o# the victims o# Iohnn% is void. This amounts
to appropriatin$ public #unds #or a private purpose.
+nder ection //< o# the 3ocal &overnment Code,
no public mone% shall be appropriated #or private
purposes.
Altern%tive Ans;er' +pon the #ore$oin$
considerations, the municipal ordinance is null and
void #or bein$ ultra vires. The municipalit% not bein$
liable to pa% compensation to the heirs o# the
victims, the ordinance is utterl% devoid o# le$al
basis. It would in #act constitute an ille$al use or
e'penditure o# public #unds which is a criminal
o##ense. 0hat is more, the ordinance does not
meet one o# the re*uisites #or validit% o# municipal
ordinances, ie., that it must be in consonance with
certain well-established and basic principles o# a
substantive nature, to wit, Kit does not contravene
the Constitution or the law, it is not un#air or
oppressive. It is not partial or discriminator%. It is
consistent with public polic%, and it is not
unreasonable.L
!. A$t(orit* Over Police Units
As ma% be provided b% law. (ee ection B, Article
X;I5 :": Act)
C. Cor#or%te Po;ers
3ocal $overnment units shall en(o% #ull autonom% in
the e'ercise o# their proprietar% #unctions and in the
mana$ement o# their economic enterprises, sub(ect
to limitations provided in the Code and other
applicable laws. The corporate powers o# local
$overnment units are,
9. To have continuous succession in its
corporate name.
D. To sue and be sued
E. To have and use a corporate seal
-C. To ac*uire and conve% real or
personal propert%
--. :ower to enter into contracts
-.. To e'ercise such other powers as are
$ranted to corporations, sub(ect to the
limitations provided in the Code and other
laws.
1. To (%ve contin$o$s s$ccession in its
cor#or%te n%me
2. To s$e %n" -e s$e"
The rule is that suit is commenced b% the local
e'ecutive, upon the authorit% o# the an$$unian,
e'cept when the Cit% Councilors themselves and
as representatives o# or on behal# o# the Cit%, brin$
action to prevent unlaw#ul disbursement o# Cit%
#unds. (Cit% Council o# Cebu v. Cuison, =9 C?A
/.<)
But the municipalit% cannot be represented b% a
private attorne%. 2nl% the :rovincial Aiscal or the
)unicipal Attorne% can represent a province or
municipalit% in lawsuits. This is mandator%. The
municipalit%Hs authorit% to emplo% a private law%er is
limited to situations where the :rovincial Aiscal is
dis*uali#ied to represent it, and the #act o#
dis*uali#ication must appear on record. The AiscalHs
re#usal to represent the municipalit% is not le$al
(usti#ication #or emplo%in$ the services o# private
counsel5 the municipalit% should re*uest the
ecretar% o# Iustice to appoint an Actin$ :rovincial
Aiscal in place o# the one declined to handle the case
in court. ()unicipalit% o# :ililia ?i>al v. CA, .// C?A
=D=)
3. To (%ve %n" $se % cor#or%te se%l
<.
SCHOOL OF LAW

3&+s ma% continue usin$, modi#% or chan$e their
corporate seal5 an% chan$e shall be re$istered with
the DI3&.
-/<
4. To %c0$ire %n" conve* re%l or #erson%l
#ro#ert*
a. The 3&+ ma% ac*uire tan$ible or intan$ible
propert%, in an% manner allowed b% law, e.$.,
sale, donation, etc.
b. The local $overnment unit ma% alienate onl%
patrimonial propert%, upon proper authorit%.
c. In the absence o# proo# that the propert% was
ac*uired throu$h corporate or private #unds,
the presumption is that it came #rom the tate
upon the creation o# municipalit% and thus, is
$overnmental or public propert%. (alas v.
Iarencio, =D C?A 9/=)
d. Town pla>as are properties o# public dominion5
the% ma% be occupied temporaril%, but onl% #or
the duration o# an emer$enc% (!spiritu v.
:an$asinan, -C. :hil DBB)
e. A public pla>a is be%ond the commerce o#
man, and cannot be the sub(ect o# the lease or
other contractual underta4in$. And, even
assumin$ the e'istence o# a valid lease o# the
public pla>a or part thereo#, the municipal
resolution e##ectivel% terminated the
a$reement, #or it is settled that the police
power cannot be surrendered or bar$ained
awa% throu$h the medium o# a contract.
(;illanueva v. Castaneda, -<= C?A -=.)
#. :ublic streets or thorou$h#ares are propert% #or
public use, outside the commerce o# man, and
ma% not be the sub(ect o# lease or other
contracts. (Dacana% v. Asistio, .CD C?A =C=)
(. :rocurement o# supplies is made throu$h
competitive public biddin$ K:D <.BL, e'cept
when the amount is minimal (as prescribed in
:D <.B) where a personal canvass o# at least
three responsible merchants in the localit%
ma% be made b% the Committee on Awards, or
in case o# emer$enc% purchases allowed
under :D <.B.
-/B
5. Po;er to 7nter into Contr%cts
3e0$isites o, v%li" m$nici#%l contr%ct'
1. The local $overnment units has the
e'press, implied or inherent power to
enter into the particular contract.
.. The contract is entered in to b% the proper
department, board, committee, o##icer or
a$ent. +nless otherwise provided b% the
Code, no contract ma% be entered into b%
the local chie# e'ecutive on behal# o# the
local $overnment unit without prior
13$
136
authori>ation b% the san$$unian
concerned.
/. The contract must compl% with certain
substantive re*uirements, i.e., when
e'penditure o# public #und is to be made,
there must be an actual appropriation and
a certi#icate o# availabilit% o# #unds.
=. The contract must compl% with the #ormal
re*uirements o# written contracts, e.$. the
tatute o# Arauds.
Ultr% Hires Contr%cts. 0hen a contract is entered
into without the compliance with the -
st
and /
rd
re*uisites (above), the same is ultra vires and is
null and void. uch contract cannot be rati#ied or
validated. ?ati#ication o# de#ective municipal
contracts is possible onl% when there is non-
compliance with the second andGor the #ourth
re*uirements above. ?ati#ication ma% either be
e'press or implied.
In 3ue5on Cit% v. ;e0ber, 200$, it was held that :D
-==< does not provide that the absence o#
appropriation ordinance ipso #act ma4es a contract
entered into b% a local $overnment unit null and
void. :ublic #unds ma% be disbursed not onl%
pursuant to an appropriation law, but also in
pursuance o# other speci#ic statutor% authorit%. (In
this case, B: //9, the law which was then in #orce,
empowered the )a%or to represent the cit% in its
business transactions and si$n all warrants drawn
on the cit% treasur% and all bonds, contracts and
obli$ations o# the cit%. 0hile the )a%or has power to
appropriate #unds to support the contracts, neither
does B: //9 prohibit him #rom enterin$ into
contracts unless and until #unds are appropriated
there#or. B% enterin$ into the two contracts, )a%or
imon did not usurp the cit% councilHs power to
provide #or the proper disposal o# $arba$e and to
appropriate #unds there#or. The e'ecution o#
contracts to address such a need is his statutor%
dut%, (ust as it is the cit% councilHs dut% to provide #or
such service. There is no provision in the law that
prohibits the cit% ma%or #orm enterin$ into contracts
#or the public wel#are unless and until there is a prior
authorit% #orm the cit% council.)
Ot(er C%ses'
1. A contract o# lease $rantin$ #ishin$ privile$es is
a valid and bindin$ contract and cannot be
impaired b% a subse*uent resolution settin$ it
aside and $ratin$ the privile$e to another.
(+nless the subse*uent resolution is a police
measure, because the e'ercise o# police power
prevails over the non-impairment clause.)
()anantan v. 3a +nion, D. :hil D==)
2. A municipal >onin$ ordinance, as a police
measure, prevails over the non-impairment
clause. (2rti$as v. Aeati Ban4, E= C?A <//)
3. Breach o# contractual obli$ations b% the Cit% o#
)anila renders the Cit% liable in dama$es. The
principle o# respondeat superior applies.
A$t(orit* to ne)oti%te %n" sec$re )r%nts. (?A
9-BC, ection ./) the local chie# e'ecutive ma%,
upon authorit% o# the san$$unian, ne$otiate and
</
SCHOOL OF LAW

secure #inancial $rants or donations in 4ind, in
support o# the basic services and #acilities
enumerated in ection -9, #rom local and #orei$n
assistance a$encies without necessit% o# securin$
clearance or approval #orm and department
a$enc%, or o##ice o# the national $overnment or
#rom an% hi$her local $overnment unit5 :rovided,
that pro(ects #inanced b% such $rants or assistance
with national securit% implications shall be
approved b% the national a$enc% concerned.
6. To e>ercise s$c( ot(er #o;ers %s %re
)r%nte" to cor#or%tions s$-:ect to t(e
limit%tions #rovi"e" in t(e Co"e %n" ot(er l%;s.
H. M$nici#%l Li%-ilit*
3UL7' 3&+s and their o##icials are not e'empt
#rom liabilit% #or death or in(ur% to persons or
dama$e to propert% (?A 9-BC, ection .=)
A. S#eci,ic Provisions o, L%; M%9in) L?Us Li%-le
1. Article 21!65 Civil Co"e' The 3ocal
&overnment +nit is liable in dama$es or
in(uries su##ered b% reason o# the de#ective
condition o# roads, streets, brid$es, public
buildin$s and other public wor4s.
Cit$ of Manila %. Teoti!o, 22 SC() 27,- The
Cit% o# )anila was held liable #or dama$es when a
person #ell into an open manhole in the streets o#
the cit%.
-imene6 %. Cit$ of Manila, $60 SC() 6$0-
Despite a mana$ement and operatin$ contract
with Asiatic Inte$rated Corporation over the ta.
Ana :ublic )ar4et, the Cit% o# )anila (because o#
)a%or Ba$atsin$Hs admission that the Cit% still has
control and supervision) is solidaril% liable #or
in(uries sustained b% an individual who stepped on
a rusted nail while the mar4et was #looded.
&uilat!o %. Cit$ of Dagupan, $,$ SC() /+2-
3iabilit% o# the Cit% #or in(uries due to de#ective
roads attaches even i# the road does not belon$ to
the local $overnment unit, as lon$ as the Cit%
e'ercises control or supervision over said road.
2. Article 21!I D6
t(
#%r.E Civil Co"e'
The tate is responsible when it acts throu$h a
special a$ent.
3. Article 345 Civil Co"e' The local
$overnment unit is subsidiaril% liable #or
dama$es su##ered b% a person b% reason o#
the #ailure or re#usal o# a member o# the police
#orce to render aid and protection in case o#
dan$er to li#e and propert%.
+. Li%-ilit* ,or Tort
Despite the clear lan$ua$e o# ection .=, ?A 9-BC,
that local $overnment units and their o##icials are
not e'empt #orm liabilit% #or death or in(ur% to
persons or dama$e to propert%, it is still unclear
whether liabilit% will accrue when the local
$overnment unit is en$a$ed in $overnmental
#unctions. upreme Court decisions, interpretin$
le$al provisions e'istin$ prior to the e##ectivit% o#
the 3ocal &overnment Code, have come up with
the #ollowin$ rules on municipal liabilit% #or tort,
-. I# the 3&+ is en$a$ed in $overnmental
#unctions, it is not liable5
.. I# en$a$ed in proprietar% #unctions5 3&+ is
liable.
1. I, t(e L?U is en)%)e" in )overnment%l
,$nctions5 it is not li%-le.
i. The prosecution o# crimes is a
$overnmental #unction, and thus, the local
$overnment unit ma% not be held liable
there#or. (:ala#o' v. :rovince o# Ilocos
"orte, -C. :hil --DB)
ii. In #unicipalit% of San Fernando v. Firme,
$*6 SC() 7*2, the municipalit% was not
held liable #or torts committed b% a re$ular
emplo%ee, even i# the dump truc4 used
belon$ to the municipalit%, inasmuch as
the emplo%ee was dischar$in$
$overnmental (public wor4s) #unctions.
iii. Deliver% o# sand and $ravel #or the
construction o# municipal brid$e in the
e'ercise o# the $overnmental capacit% o#
local $overnments. The municipalit% is not
liable #or in(uries that arise in the
per#ormance o# $overnmental #unctions.
(;a Gnion v. Firme,$*6 SC() 7*2)
Note' Aor liabilit% to arise under Article .-DE o# the
Civil Code, ownership o# the roads, streets,
brid$es, public buildin$s and other public wor4s is
not a controllin$ #actor, it bein$ su##icient that a
province, cit% or municipalit% has control or
supervision thereo#. 2n the other hand, a
municipalit%Hs liabilit% under ection -=E o# the
-ED/ 3ocal &overnment Code #or in(uries caused
b% its #ailure to re$ulate the drillin$ and e'cavation
o# the $round #or the la%in$ o# $as, water, sewer,
and other pipes, attaches re$ardless o# whether
the drillin$ or e'cavation is made on a national or
municipal road, #or as lon$ as the same is within its
territorial (urisdiction. (#unicipalit% of San :uan v.
C), <( $2$*20, 0+.0*.2006)
2. I, en)%)e" in #ro#riet%r* ,$nctions5 L?U is
li%-le
i. 2peration o# a #err% service is a
proprietar% #unction. The municipalit% is
ne$li$ent and thus liable #or havin$
awarded the #ranchise to operate #err%
service to another notwithstandin$ the
previous $rant o# the #ranchise to the
plainti##. ()endo>a v. De 3eon, // :hil
<CD)
<=
SCHOOL OF LAW

ii. @oldin$ o# town #iesta is a proprietar%
#unction. The )unicipalit% o# )alasi$ue,
:an$asinan was held liable #or the death
o# a member o# the >ar>uela $roup when
the sta$e collapsed, under the principle of
respondeat superior. K"ote, The )unicipal
Council mana$ed the town #iesta. 0hile
the municipalit% was held liable, the
councilors themselves are not liable #or
the ne$li$ence o# their emplo%ees or
a$ents.L (Torio v. Aontanilla, D< C?A
<EE)
iii. The operation o# a public cemeter% is a
proprietar% #unction o# the Cit% o# )anila.
The Cit% is liable #or the tortuous acts o#
its emplo%ees, under the principle of
respondeat superior.
i). )aintenance o# cemeteries is in the
e'ercise o# the proprietar% nature o# local
$overnments. The Cit% is liable #or breach
o# a$reement. (Cit% of #anila v. 2)C, $,*
SC() 42+)
). Lia#ilit$ fo illegal dismissal of an
emplo$ee. It was held that inasmuch as
there is no #indin$ that malice or bad #aith
attended the ille$al dismissal and re#usal
to reinstate respondent &entallan b% her
superior o##icers, the latter cannot be held
personall% accountable #or her bac4
salaries. The municipal $overnment
there#ore, should disburse #unds to
answer #or her claims (bac4 salaries and
other monetar% bene#its #orm the time o#
her ille$al dismissal up to her
reinstatement) resultin$ #rom dismissal.
In Cit% of Cebu v. :udge @iccio, $$0 @il
66+, it was held that a municipal
corporation, whether or not included in the
complaint #or recover% o# bac4 salaries
due to wron$#ul removal #rom o##ice, is
liable.
)i. Lo!al offi!ials ma$ also #e "eld
pesonall$ lia#le.
Cit% of )ngeles v. C), 27$ SC() *0, where the
cit% o##icials ordered the construction o# a dru$
rehabilitation center on the open space donate
b% the subdivision owner in violation o# :D
-.-B, the cost o# the demolition o# the dru$
rehabilitation center should be borne b% the cit
o##icials who ordered the construction -ec%$se
t(e* %cte" -e*on" t(e sco#e o, t(eir
%$t(orit* %n" ;it( evi"ent -%" ,%it(.
(@owever, since the cit% ma%or and the
san$$unian members were sued in their o##icial
capacit%, the% cannot be held personall% liable
without $ivin$ them their da% in court.)
(ama v. C), $4+ SC() 4*7, the :rovincial
$overnor and the members o# the :rovincial
Board where held liable in dama$es in their
personal capacit% arisin$ #orm the ille$al act o#
dismissin$ emplo%ees in bad #aith. 8(ere
t(e* %ct m%licio$sl* %n" ;%ntonl* %n"
in:$re in"ivi"$%ls r%t(er t(%n "isc(%r)e %
#$-lic "$t*5 t(e* %re #erson%ll* li%-le.
Correa v. CF2 ?ulacan, *2 SC() /$2, the
)a%or who, without (ust cause, ille$all%
dismissed an emplo%ee, acted with $rave
abuse o# authorit%, and he not the )unicipalit%
o# "or>a$ara%, Bulacan, is personall% liable.
This liabilit% attaches even i#, at the time o#
e'ecution, he is no lon$er the )a%or.
Salcedo v. C), +$ SC() 40+, the )a%or, #or
his persistent de#iance o# the order o# the CC
to reinstate the emplo%ee, was held personall%
liable #or the pa%ment o# bac4 salaries.
@ilar v. Sangguniang ?a%an of Dasol, $2+
SC() $,/, the )a%or was held liable #or
e'emplar% and corrective dama$es #or vetoin$,
without (ust cause, the resolution o# the
an$$unian$ Ba%an appropriatin$ the salar% o#
petitioner.
.emen5o v. Sabillano, 26 SC() $, )a%or
abillano was ad(ud$ed personall% liable #or
pa%ment o# bac4 salaries o# a policeman who
was ille$all% dismissed. The )a%or cannot hide
behind the mantle o# his o##icial capacit% and
pass the liabilit% to the )uncipalit% o# which he
is )a%or.
San ;uis v. C), $*+*, 3a$una &overnor an
3uis was held personall% liable #or moral
dama$es #or re#usin$ to reinstate Berro%a,
*uarr% superintendent, despite the rulin$ o# the
CC as a##irmed b% the 2##ice o# the :resident.
C. Li%-ilit* ,or Hiol%tion o, L%;
1. 0here the )unicipalit% closed a part
o# a municipal street without indemni#%in$ the
person pre(udiced thereb%, the )unicipalit%
can be held liable #or dama$es. (Abella v,
)unicipalit% o# "a$a, EC :hil /D<)
2. 3ac4 o# #unds does not e'cuse the
)unicipalit% #rom pa%in$ the statutor%
minimum wa$e o# :-.C a month to its
emplo%ees. The pa%ment o# the minimum
wa$e is a mandator% statutor% obli$ation o# the
)unicipalit%. (?acho v. )unicipalit% o# Ila$an,
Isabela)
/. The )unicipalit% o# Bunawan, A$usan
del ur, throu$h the )a%or was held in
contempt and #ined :-,CCC.CC with a warnin$,
because o# the re#usal o# the )a%or to abide
b% a T?2 issued b% the Court.
/. Li%-ilit* ,or Contr%cts
1. ?ule, A municipal corporation, li4e an ordinar%
person, is liable on a contract it enters into,
provided that the contract is intra vires (I# the
contract is ultra vires, the municipal
corporation is not liable.)
.. A private individual who deals with a
municipal corporation is imputed constructive
4nowled$e o# the e'tent o# the power or
authorit% o# the municipal corporation to enter
into contracts.
<<
SCHOOL OF LAW

3. 2rdinaril%, there#ore, the doctrine o# estoppel
does not lie a$ainst the municipal corporation.
4. The do!tine of implied muni!ipal lia#ilit$9
A municipalit% ma% become obli$ated upon an
implied contact to pa% the reasonable value o#
the bene#its accepted or appropriated b% it as
to which it has the $eneral #o;er to contr%ct.
(:rovince o# Cebu v. IAC, -=9 C?A ==9) The
doctrine applies to all cases where mone% or
other propert% o# a part% is received under
such circumstances that the $eneral law,
independent o# an e'press contract, implies an
obli$ation to do (ustice with respect to the
same.
i. It was held that the :rovince o# Cebu
cannot set up the plea that the contract
was ultra vires and still retain bene#its
thereunder.''' havin$ re$arded the
contract as valid #or purposes o# reapin$
bene#its, the :rovince o# Cebu is
estopped to *uestion its validit% #or the
purpose o# den%in$ answerabilit%.
(:rovince o# Cebu v. IAC, -=9 C?A
==9)
ii. &' Does @rovince of Cebu v. 2)C,
reverse De <uia v. )uditor <eneral
where the upreme Court held that the
en$a$ement o# the services o# Att%. De
&uia b% the )unicipal Council o#
)ondra$on, "orthern amar was ulra
vires, because a municipalit% can
en$a$e the services o# a private law%er
onl% i# the :rovincial Aiscal is
dis*uali#ied #rom appearin$ as counsel
#or the municipalit%1
A' Apparentl% not, because in @rovince
of Cebu v. 2)C, the :rovince could not
possibl% en$a$e the le$al services o#
the :rovincial Aiscal, the latter havin$
ta4en a position adverse to the interest
o# the :rovince #or havin$ priorl%
rendered an opinion that the donation
was valid.
iii. !stoppel cannot be applied a$ainst a
municipal corporation in order to
validate a contract which the municipal
corporation has no power to ma4e or
which it is authori>ed to ma4e onl%
under prescribed limitations or in a
prescribed mode or mannerTeven i#
the municipal corporation has accepted
bene#its therunder. In San Diego v.
#unicipalit% of .au1an, the C re(ected
the doctrine o# estoppels, because to
appl% the principle would enable the
municipalit% to do indirectl% what it
cannot do directl%.
i). In #uncipalit% of @ililia (i5al v. C),
where the C said that the municipalit%
cannot be represented b% a private
attorne%. 2nl% the :rovincial Aiscal or
the )uncipal Attorne% can represent a
province o# municipalit% in lawsuits. This
is mandator%. The municipalit%Hs
authorit% to emplo% a private law%er is
limited to situations where the :rovincial
Aiscal is dis*uali#ied to represent it, and
the #act o# dis*uali#ication must appear
on record. The AiscalHs re#usal to
represent the municipalit% is not a le$al
(usti#ication #or emplo%in$ the services
o# private counsel5 the municipalit%
should re*uest the ecretar% o# Iustice
to appoint an Actin$ :rovincial Aiscals
in place o# the one who declines to
handle the case in court.
v. But i# the suit is #iled a$ainst a local
o##icial which could result in personal
liabilit% o# the said public o##icial, the
latter ma% en$a$e the services o#
private counsel. ()ancenido v. CA,
.CCC)
HI. Loc%l O,,ici%ls
A. N%t$re o, O,,ice DA)r% NotesE
1. A local chie# e'ecutive is considered an
accountable public o##icer as de#ined under the
?evised :enal Code since heG she, in the
dischar$e o# hisG her o##ice, receives mone% or
propert% o# the $overnment which heG she is dut%
bound to account #or. Thus, a local chie# e'ecutive
is $uilt% o# malversation upon #indin$ that heG she
received public #unds and was unable to
satis#actoril% account #or the same. (&anggote v.
Sandiganba%an, <( $0/6+4, 0*.02.*4)
2. A local chie# e'ecutive is mandated to abide b%
Article I o# ection ===(b)(') o# -EE- 3ocal
&overnment Code which directs e'ecutive o##icials
and emplo%ees o# the municipalit% to #aith#ull%
dischar$e their duties and #unctions as provided
b% law. (8elasco v. Sandiganba%an, <( $70**$,
02.2+.2006)
3. The -ED9 Constitution provides that no
elective o##icial shall be eli$ible #or appointment or
desi$nation in an% capacit% to an% other public
o##ice or position durin$ hisG her tenure in order
that the% ma% serve #ull-time with dedication.
Thus, a local chie# e'ecutive cannot be appointed
as chairperson o# the ubic Ba% )etropolitan
Authorit% since such o##ice is not an e0 officio post
or attached to the o##ice o# the local chie#
e'ecutive. (Flores v. Drilon, <( $04,/2, 07.22.*/)
4. The municipal ma%or, bein$ the appointin$
authorit%, is the real part% in interest to challen$e
<B
SCHOOL OF LAW

the Civil ervice CommissionPs disapproval o# the
appointment o# hisG her appointee. The CCPs
disapproval o# an appointment is a challen$e to
the e'ercise o# the appointin$ authorit%Ps
discretion. The appointin$ authorit% must have the
ri$ht to contest the disapproval. (Dagadag v.
&ongna"a, <( $7$$77'7,, 02.0/.2006)
$. The municipal ma%or, not the municipalit%
alone must be impleaded in a petition assailin$
the dismissal o# an emplo%ee whom heGshe
appointed even i# the ma%or acted in hisGher
o##icial capacit% when he dismissed the
respondent. I# not impleaded, heGshe cannot be
compelled to abide b% and compl% with its
decision, as the same would not be bindin$ on
himGher. (Civil Service Commission v. Sebastian,
<( $7$,//, $0.$$.2006)
6. A proclaimed candidate who was later on
dis*uali#ied has no le$al personalit% to institute an
action see4in$ to nulli#% a decision o# the Civil
ervice Commission concernin$ the dismissal o#
municipal emplo%ees since heG she is not a real
part% in interest. (#iranda v. Carreon, <( $4/640,
04.$$.200/)
7. The cit% treasurer is the proper disciplinin$
authorit% in the case o# a local revenue o##icer, the
#ormer bein$ the head o# a$enc%. (<arcia v.
@a1aro, <( $4$$**, 0,.06.2002)
". A punon$ baran$a% cannot terminate the
services o# the baran$a% treasurer and secretar%
without the concurrence o# san$$unian$ baran$a%
since this is e'plicitl% re*uired under ection /DE
o# the -EE- 3ocal &overnment Code. ()lqui5ola v.
4col, <( $/24$/, 0+.2,.**)
+. Provisions A##lic%-le to 7lective %n" A##ointive
Loc%l O,,ici%ls
Po"i#ited ,usiness and Pe!unia$ Inteest (?A
9-BC, ection DE), It shall be unlaw#ul #or an% local
$overnment o##icial or emplo%ee, directl% or
indirectl% to,
-. !n$a$e in an% business transaction
with the local $overnment unit in which he is
an o##icial or emplo%ee or over which he has
the power o# supervision, or with an% o# its
authori>ed boards, o##icials, a$ents or
attorne%s, whereb% mone% is to be paid, or
propert% or an% other thin$ o# value is to be
trans#erred, directl% or indirectl%, out o# the
resources o# the local $overnment unit to such
person or #irm5
.. @old such interests in an% coc4pit or
other $ames licensed b% the local $overnment
unit5
/. :urchase an% real estate or other
propert% #or#eited in #avor o# the local
$overnment unit #or unpaid ta'es or
assessment, or b% virtue o# a le$al process at
the instance o# the local $overnment unit5
=. Be a suret% o# an% person contractin$
or doin$ business with the local $overnment
unit #or which a suret% is re*uired5 and
<. :ossess or use an% public propert% o#
the local $overnment unit #or private purposes.
B. The prohibitions and inhibitions
prescribed in ?A B9-/ also appl%.
Pr%ctice o, Pro,ession (ection EC, ?A 9-BC)
-. All $overnors, cit% and municipal ma%ors are
prohibited #orm practicin$ their pro#ession or
en$a$in$ in an% occupation other than the
e'ercise o# their #unction as local chie#
e'ecutives.
.. an$$unian members ma% practice their
pro#ession, en$a$e in an% occupation, or teach
in schools e'cept durin$ session hours,
:rovided, that those who are also members o#
the Bar shall not (i) appear as counsel be#ore
an% court in an% civil case wherein the local
$overnment unit or an% o##ice, a$enc% or
instrumentalit% o# the $overnment is the
adverse part%5 (ii) appear as counsel in an%
criminal case wherein an o##icer or emplo%ee
o# the national or local $overnment is accused
o# an o##ense committed in relation to his
o##ice5 (iii) collect an% #ee #or their appearance
in administrative proceedin$s involvin$ the
3&+ o# which he is an o##icial5 and (iv) use
propert% and personnel o# the $overnment
e'cept when the san$$unian member
concerned is de#endin$ the interest o# the
$overnment.
It was held that b% appearin$ as counsel #or
dismissed emplo%ees, Cit% Councilor Iavellana
violated the prohibition a$ainst en$a$in$ in
private practice i# such practice represents
interests adverse to the $overnment. (Iavellana
v. DI3&, .-. C?A =9<)
/. Doctors o# medicine ma% practice their
pro#ession even durin$ o##icial hours o# wor4
onl% on occasion o# emer$enc%, provided the%
do not derive monetar% compensation
there#rom.
It was held that DI3& )emorandum Circular
"o. EC-D- does not discriminate a$ainst
law%ers and doctors5 it applies to all provincial
and municipal o##icials. (Iavellana v. DI3&, .-.
C?A =9<)
Pro(i-ition A)%inst A##ointment (?A 9-BC,
ection E=)
-. "o elective or appointive local o##icial shall be
eli$ible #or appointment or desi$nation in an%
capacit% to an% public o##ice or position durin$
his tenure. +nless otherwise allowed b% law or
b% the primar% #unctions o# his o##ice, no local
o##icial shall hold an% other o##ice or
<9
SCHOOL OF LAW

emplo%ment in the $overnment or an%
subdivision, a$enc% or instrumentalit% thereo#,
includin$ &2CCs or their subsidiaries. (?elate
this to ection 9, Article IX-B)
.. !'cept #or losin$ candidates in baran$a%
election, no candidate who lost in an% election
appointed to an% o##ice in the $overnment o#
&2CC or their subsidiaries. (?elate this to
ection B, Article IX-B)
C. 7lective Loc%l O,,ici%ls
3ualifications
Disqualifications
#anner of Clection
Date of Clection
&erm of 4ffice
(ules of Succession
Compensation
(ecall
(esignation
<rievance @rocedure
Discipline
Cases on 4ffenses ()gra .otes)
Cases on @rocedure ()gra .otes)
Complaints
@reventive Suspension
@enalt% ()gra .otes)
)dministrative )ppeal
C0ecution @ending )ppeal
:urisdiction of Sandiganba%an ()gra .otes)
Cffect of (e'election
1. &$%li,ic%tions (?A 9-BC, ection /E)
-. Citi>en o# the :hilippines5
.. ?e$istered ;oter in the baran$a%,
municipalit%, cit% or province, or in the
case o# a member o# the san$$unian$
panlalawi$an, panlun$sod or ba%an, the
district where he intends to be elected5
/. A resident therein #or at least - %ear
immediatel% precedin$ the electionH
=. Able to read and write Ailipino or an% other
local lan$ua$e or dialect5
<. 2n the election da%, must be at least ./
%ears o# a$e K#or $overnor, vice-$overnor,
member o# the san$$unian$
panlalawi$an, ma%or, vice ma%or, or
member o# the ssan$$unian$ panlun$sd
o# hi$hl% urbani>ed citiesL5 .- %ears o# a$e
K#or ma%or or vice ma%or o# independent
component cities, component cities, or
munciplaitiesL5 -D %ears o# a$e K#or
member o# the san$$unian$ panlun$sod
or sa$$unian$ ba%an, or punon$
baran$a% or member o# the san$$unian$
baran$a%L, or at least -< but not more
than .- %ears o# a$e Kcandidates #or the
san$$unian$ 4abataanL
i. The 3&C does not speci#% an%
particular date when the candidate must
posses Ailipino citi>enship. :hilippine
citi>enship is re*uired to ensure that no
alien shall $overn our people. An o##icial
be$ins to $overn onl% upon his
proclamation and on the da% that his
term be$ins. ince Arivaldo too4 his oath
o# alle$iance the da% that his term
be$ins. ince Arivaldo too4 his oath o#
alle$iance on Iune /C, -EE<, when his
application #or repatriation was $ranted
b% the epcial Committee on
"aturali>ation created under :D D.<, he
was there#ore *uali#ied to be proclaimed.
Besides, ection /C o# the 3&C spea4s
o# *uali#ications o# elective o##icials, not
o# candidates. Aurthermore, repatriation
retroacts to the date o# the #ilin$ o# his
application on Au$ust -9, -EE=. (Arivaldo
v. C2)!3!C, .<9 C?A 9.9)
ii. In )lta1eros v. C4#C;CC,
2004, the petitioner too4 his oath o#
alle$iance on December -9, -EE9, but
his Certi#icate o# ?epatriation was
re$istered with the Civil ?e$istr% o#
)a4ati Cit% onl% a#ter B %ears, or on
Aebruar% -D, .CC=, and with the Bureau
o# Immi$ration on )arch -, .CC=, thus
completin$ the re*uirements #or
repatriation onl% a#ter he #iled his
certi#icate o# candidac%, but be#ore the
election. 2n the issue o# whether he was
*uali#ied to run #or )a%or o# an Iacinto,
)asabate, the Court applied the rulin$ in
Frivaldo, that repatriation retroacts to the
date o# #ilin$ o# the application #or
repatriation. :etitioner was, there#ore,
*uali#ied to run #or )a%or.
iii. :etitioner who was over .-
%ears o# a$e on the da% o# the election
was ordered dis*uali#ied b% the C when
the latter re(ected the contention o# the
petitioner that she was *uali#ied because
she was less than .. %ears old. The
phrase 7not more than .- %ears old8 is
not e*uivalent to 7less than .. %ears old.8
(&arvida v. ales, .9- C?A 9B9)
2. /is0$%li,ic%tions (?A 9-BC, ection =C)
The #ollowin$ are dis*uali#ied #rom runnin$ #or
an% elective local position,
-. Those sentenced b% #inal (ud$ment #or an
o##ense involvin$ moral turpitude or #or an
o##ense punishable b% one %ear or more o#
imprisonment, within two %ears a#ter
servin$ sentence5
.. Those removed #rom o##ice as a result o#
an administrative case5
/. Those convicted b% #inal (ud$ment #or
violatin$ the oath o# alle$iance to the
?epublic.
4. Those with dual citi>enship
-/9
5
<. Au$itives #rom (ustice in criminal or non-
political cases here or abroad5
B. :ermanent residents in a #orei$n countr%
or those who have ac*uired the ri$ht to
137
%nterpreted in the case o, &ercado ). &anzano, 307 +C20 630).
<D
SCHOOL OF LAW

reside abroad and continue to avail o# the
same ri$ht a#ter the e##ectivit% o# the Code5
9. The insane or #eeble-minded.
i. ;iolation o# the Anti-Aencin$ 3aw involves
moral turpitude, and the onl% le$al e##ect
o# probation is to suspend the
implementation o# the sentence. Thus, the
dis*uali#ication still subsists. (De la Torre
v. C2)!3!C, .<D C?A =D/) 3i4ewise,
violation o# B: .. is a crime involvin$
moral turpitude, because the accused
4nows at the time o# the issuance o# the
chec4 that he does not have su##icient
#unds in , or credit with, the drawee ban4
#or pa%ment o# the chec4 in #ull upon
presentment. (;illaber v. C2)!3!C,
.CC-)
ii. Article 9/ o# the ?ules Implementin$ ?A
9-BC, to the e'tent that it con#ines the
term 7,$)itive ,rom :$stice8 to re#er onl%
to a person 7who has been convicted b%
#inal (ud$ment8 is an inordinate an undue
circumscription o# the law. The term
includes not onl% those who #lee a#ter
conviction to avoid punishment, but
li4ewise those who, a#ter bein$ char$ed,
#lee to avoid prosecution8.
In (odrigue5 v. C4#C;CC, 26* SC()
2*7, it was held that ?odriue> cannot be
considered a 7#u$itive #rom (ustice8,
because his arrival in the :hilippines #orm
the + preceded b% at least #ive months
the #ilin$ o# the #elon% complaint in the 3os
An$eles Court and the issuance o# the
warrant #or his arrest b% the same #orei$n
court.
iii. ection =C, ?A 9-BC, cannot appl%
retroactivel%. Thus, an elective local
o##icial who was removed #rom o##ice as a
result o# an administrative case prior to
Ianuar% -, -EE. (date o# 3&CHs e##ectivit%)
is not dis*uali#ied #orm runnin$ #or elective
local o##ice (&re$o v. C2)!3!C
In (e%es v. C4#C;CC, 264 SC() 6$4,
the C ruled that the petitioner, a
)unicipal )a%or who had been ordered
removed #rom o##ice b% the an$$unian
:anlalawi$an, was dis*uali#ied, even as
he alle$ed that the decision was not %et
#inal because he had not %et received a
cop% o# the decision. It was shown,
however, that he merel% re#use to accept
deliver% o# the cop% o# the decision.
i). In #ercado v. #an5ano, /0, SC() 7/0,
the C clari#ied the 7dual citi>enship8
dis*uali#ication, and reconciled the same
with ection <, Article I; o# the
C2nsitution on 7dual alle$iance8.
?eco$ni>in$ situation in which a Ailipino
citi>en ma%, without per#ormin$ an% act
and as an involuntar% conse*uence o# the
con#lictin$ laws o# di##erent countries, be
also a citi>en o# another tate, the Court
e'plained that 7dual citi>enship8, as a
dis*uali#ication, must re#er to citi>ens with
7dual alle$iance8. Conse*uentl%, persons
with mere dual citi>enship do not #all
under the dis*uali#ication.
3. M%nner o, 7lection (?A 9-BC, ection =-)
1. The $overnor, vice-$overnor, cit% or
municipal ma%or, cit% or municipal vice-
ma%or and punon$ baran$a% shall be
electe" %t l%r)e in their respective units.
The san$$unian$ 4abataan chairman
shall be elected b% the re$istered voters o#
the 4atipunan n$ 4abataan.
2. The re$ular members o# the san$$unian$
panlalawi$an, panlun$sod and ba%an
shall be elected b% district as ma% be
provided b% law. The presidents o# the
lea$ues o# san$$unian members o#
component cities and municipalities shall
serve as e0 officio members o# the
san##unian$ panlalawi$an concerned. The
presidents o# the li$a n$ m$a baran$a%
and the pederas%on n$ m$a san$$unian$
4abataan elected b% their respective
chapters, shall serve e0 officio members
o# the san$$unian$ panlalawi$an,
panlun$sod or ba%an.
Article X5 Section 6. 3e$islative bodies o# local
$overnments shall have sectoral representation
as ma% be prescribed b% law.
/. In addition, there shall be one sectoral
representative #rom the women, one #rom
the wor4ers, and one #rom an% o# the
#ollowin$ sectors, urban poor, indi$enous
cultural communities, disabled persons, or
an% other sector as ma% be determined b%
san$$unian concerned within EC da%s
prior to the holdin$ o# the ne't local
elections as ma% be provided b% law. The
Comelec shall promul$ate the rules and
re$ulations to e##ectivel% provide #or the
election o# such sectoral representatives.
4. /%te o, 7lection
!ver% three %ears on the second )onda% o# )a%,
unless otherwise provided b% law.
5. Term o, O,,ice
Three %ears, startin$ #rom noon o# Iune /C, -EE.,
or such date as ma% be provided b% law, e'cept
that o# elective baran$a% o##icials. "o local elective
o##icial shall serve #or more than three consecutive
terms in the same position. The term o# o##ice o#
baran$a% o##icials and members o# the
san$$unian$ 4abataan shall be #or #ive (<) %ears,
which shall be$in a#ter the re$ular election o#
baran$a% o##icials on the second )onda% o# )a%,
-EE9. (?A D<.=)
Article X5 Section !. The term o# o##ice o# elective local
o##icials, e'cept baran$a% o##icials, which shall be
determined b% law, shall be three %ears and no such
o##icial shall serve #or more than three consecutive terms.
<E
SCHOOL OF LAW

;oluntar% renunciation o# the o##ice #or an% len$th o# time
shall not be considered as an interruption in the continuit%
o# his service #or the #ull term #or which he was elected.
&' Due to incumbent ma%orHs death, the vice-ma%or
succeeds to the o##ice o# ma%or b% operation o# law and
serves the remainder o# the ma%orHs term. Is he
considered to have served a term in that o##ice #or the
purpose o# the three-term limit1
A' "o. ection o# Article X embodies two policies, vi>.,
(-)to prevent political d%nasties and
(.) to enhance the #reedom o# choice o# the people. T(e
term limit o, elective o,,ici%ls m$st -e t%9en to re,er
to t(e ri)(t to -e electe" %s ;ell %s t(e ri)(t to serve
in t(e s%me elective #osition. Conse*uentl%, it is not
enou$h that an individual served three consecutive terms
in an elective local o##ice, he must also been elected to
the same position #or the same number o# times be#ore
the dis*uali#ication can appl%.
$/+
&' 0hen will the three-limit o# local elective o##icials-
e'cept baran$a% o##icials- appl%1
A' 2nl% when these two conditions concur,
1. The local o##icial concerned has been electe"
three consecutive times5 and
2. @e has #ull% serve" three consecutive terms.
(Bor(a v. C2)!3!C, -EED)
SC "evise" scen%rios to e>#l%in t(e
%##lic%tion o, Article X5 Section ! in ,o1a %.
COMELEC9
&' uppose A is a vice-ma%or who becomes ma%or b%
reason o# the death o# the incumbent. i' months
be#ore the ne't election, he resi$ns and is twice
elected therea#ter. Can he run a$ain #or ma%or in the
ne't election1
A' Jes, because althou$h he has alread% #irst served
as ma%or b% succession and subse*uentl% resi$ned
#rom o##ice be#ore the #ull term e'pired, he has not
actuall% served there #ull terms in all #or the purpose o#
appl%in$ the term limit. +nder Art. X, ection D,
voluntar% renunciation o# o##ice is not considered as an
interruption in the continuit% o# his service #or the #ull
term onl% i# the term is one 7#or which he was elected.8
ince A is onl% completin$ the service o# the term #or
which the deceased and not he was elected, A cannot
be considered to have completed one term. @is
resi$nation constitutes an interruption o# the #ull term.
(Bor(a v. C2)!3!C, -EED)
&' uppose B is elected ma%or and, durin$ his term,
he is twice suspended #or misconduct #or a total o# -
%ear. I# he is twice re-elected a#ter that, can he run #or
one more term in the ne't election1
A' Jes, because he has served onl% two-#ull terms
successivel%. (Bor(a v. C2)!3!C, -EED) +ern%s' 2t is
submitted tat tis is not correct. Suspension does not
interrupt is term nor in fact is tenure because te
office still belongs to im during suspension.
#oreover, te CourtEs solution re"ards "rong doing.
&' The case o# vice-ma%or C who becomes ma%or b%
succession involves a total #ailure o# the two conditions
to concur #or the purpose o# appl%in$ Article X, ection
13"
Bor?a ). C-&..C, 1##"
D. uppose he is twice elected a#ter that term, is he
*uali#ied to run a$ain in the ne't election1
A' Jes, because he was not elected to the o##ice o# the
ma%or in the #irst terms but simpl% #ound himsel# thrust
into it b% operation o# law. "either had he served the
#ull term because he onl% continued the service,
interrupted b% the death, o# the deceased ma%or.
C$rrent 3$les on Term Limits'
-. 3on>anida was elected )a%or to a third term. @is
election was challen$ed, however, and he lost and had
to abandon his o##ice. @e could still run in the ne't
election %ear because he did not serve three #ull
terms.
-/E
.. Tala$a lost when he ran #or a third term. The
winner, however, lost to him in a recall election and he
served the rest o# the #ormer winnerHs term. At the end
o# this term he could run a$ain because he had not
served three #ull terms.
-=C
/. @a$edorn served as )a%or #or three #ull terms. In
the #irst %ear a#ter the end o# his third term, he ran in a
recall election. Fuali#ied1 Jes, because between the
end o# his third term and the recall election there was
an interruption thus brea4in$ the successiveness.
-=-
=. Durin$ the third term o# a )a%or o# a municipalit%,
the municipalit% was converted to a cit%. The )a%or
was allowed to #inish the third term. Could he run as
)a%or o# the cit% in the ne't election1 "o. There has
been no chan$e in territor% nor in constituenc%. Thus
the three term limit applies.
-=.
<. 0hen a municipal councilor assumed the o##ice o#
;ice-)a%or respondentHs assumption o# o##ice as vice-
ma%or in Ianuar% .CC= b% operation o# law, it was an
involuntar% severance #rom his o##ice as municipal
councilor resultin$ in an interruption in the service o#
his .CC--.CC= term. @e did not serve the #ull .CC--
.CC= term.
-=/
B. A#ter servin$ a #ull three %ear term, Ale$re was
declared to have been invalidl% elected. hould that
term be counted #or purposes o# the three term limit1
Jes. The decision declarin$ him not elected is o# no
practical conse*uence because he has alread%
served.
-==
&' ?A 9-BC, ection =/-c limits the term o# o##ice o#
baran$a% o##icial to three %ears. :etitioners ar$ue that
ection D, Article X 7b% e'ceptin$ baran$a% o##icials
whose Qterms shall be determined lawH #rom the $eneral
provision #i'in$ the term o# Qelective local o##icialsH at three
%ears,8 impliedl% prohibits Con$ress #orm le$islatin$ a
three-%ear term #or such o##icers. Thus, ection =/-C o#
?A 9-BC is unconstitutional. Decide.
A' The Constitution did not e'pressl% prohibit Con$ress
#rom #i'in$ an% term o# o##ice o# baran$a% o##icials. (David
v. C2)!3!C, -EE9)
&' @ow lon$ then is the term o# baran$a% o##icials1
13#
onzanida v Comelec, :.2. 3o. 13$1$0. 5ul* 2", 1###.
140
Adormeo v Comelec, :.2. 3o. 147#27. Ae'ruar* 4, 2002.
141
Socrates v Comelec, :.2. 3o. 1$4$12. 3o)em'er 12, 2002.
142
atasa v. Comelec. :.2. 3o. 1$4"2#. <ecem'er 10, 2003.
143
Monte&on v COM""C, :.2. 3o. 1"0444, 0pril ", 200".
144
-n( ). 0le(re, :.2. 3o. 1632#$, 5anuar* 23, 20066 2i)era %%% ).
&orales, :2 167$#1, &a* #, 2007.
BC
SCHOOL OF LAW

A' As ma% be determined b% law. And the 3ocal
&overnment Code, ection =/-c limits their term to three
%ears.
2II6 +%r &$estion. La2 fi7ing t"e tems of
lo!al ele!ti%e offi!ials.
&'tate whether or not the law is constitutional.
!'plain brie#l%.
7A law #i'in$ the terms o# local elective o##icials,
other than baran$a% o##icials, to B %ears.8
S$))este" Ans;er, The law is invalid. +nder
Article X, ection D o# the -ED9 Constitution, Wthe
term o# o##ice o# elective local o##icials, e'cept
baran$a% o##icials, which shall be determined b%
law, shall be three %ears and no such o##icial shall
serve #or more than three consecutive terms.W The
law clearl% $oes a$ainst the a#oresaid constitutional
re*uirement o# three %ear terms #or local o##icials
e'cept #or baran$a% o##icials.
6. 3$les o, S$ccession (?A 9-BC, ections ===-
=B)
Perm%nent H%c%nciesA A permanent vacanc%
arises when an elective local o##icials #ills hi$her
vacant o##ice, re#uses to assume o##ice, #ails to
*uali#%, dies, is removed #rom o##ice, voluntaril%
resi$ns, or is permanentl% incapacitated to
dischar$e the #unctions o# his o##ice. I# a permanent
vacanc% occurs in the o##ice o#,
-. &overnor or ma%or, the vice-$overnor
or vice-ma%or concerned shall become the
$overnor or ma%or.
2. ;ice-$overnor or vice-ma%or, the
hi$hest ran4in$ san$$unian member or, in
case o# permanent inabilit%, the second
hi$hest ran4in$ san$$unian member, and
subse*uent vacancies shall be #illed
automaticall% b% the other san$$unian
members accordin$ to their ran4in$. ?an4in$
in the san$$unian shall be determined on the
basis o# the proportion o# votes obtained b%
each winnin$ candidate to the total number o#
re$istered voters in each district in the
immediatel% precedin$ election.
a) In 8ictoria v. Comelec, 22* SH() 27*,
the C re(ected the contention that this
provision be interpreted b% #actorin$ the
number o# the voters who actuall% voted,
because the law is clear and must be appliedT
and the courts ma% not speculate as the
probable intent o# the le$islature apart #orm the
words used in the law.
') In #en5on v. @etilla, $*, SC() 26$, it
was held that this mode o# succession #or
permanent vacancies ma% also be observed in
the case o# temporar% vacancies in the same
o##ice.
/. :unon$ baran$a%, the hi$hest-
ran4in$ san$$unian baran$a% member, or in
case o# his permanent inabilit%, the second
hi$hest ran4in$ baran$a% member. K"ote, A tie
between or amon$ the hi$hest ran4in$
san$$unian members shall be resolved b%
drawin$ o# lots.L
4. an$$unian$ member, where
automatic succession provided above do not
appl%, #illed b% appointment b% the :resident,
throu$h the !'ecutive ecretar% in the case o#
the an$$unian :anlalawi$an or san$$unian
panlun$sod o# hi$hl% urbani>ed cities and
independent component cities5 b% the
&overnor in the case o# the san$$unian$
panlun$sod o# component cities and
san$$unian$ ba%an5 and b% the cit% or
municipalit% ma%or in the case o# san$$unian$
baran$a% upon recommendation o# the
san$$unian$ baran$a% concerned.
@owever, e'cept #or the san$$unian$
baran$a%, onl% the nominee o# the political
part% under which the san$$unian member
concerned had been elected and whose
elevation to the position ne't hi$her in ran4
created the last vacanc% in the san$$unian
shall be appointed.
A nomination and a certi#icate o# membership
o# the appointee #rom the hi$hest o##icial o# the
political part% concerned are conditions sine
*ua non, and an% appointment without such
nomination and certi#icate shall be null and
void and shall be a $round #or administrative
action a$ainst the o##icial concerned.
In case the permanent vacanc% is caused b% a
san$$unian$ member who does not belon$ to
an% political part%, the local chie# e'ecutive
shall upon the recommendation o# the
san$$unian concerned, appoint a *uali#ied
person to #ill the vacanc%.
a) The reason behind the ri$ht $iven to a
political part% to nominate a replacement when
a permanent vacanc% occurs in the an$$unian
is to maintain the part% representation as willed
b% the people in the election. (In this case, with
the elevation o# Tama%o, who belon$ed to
(eforma';# to the position o# ;ice )a%or, a
vacanc% occurred in the an$$uninan that
should be #illed up with someone who belon$s
to the political part% o# Tama%o. 2therwise,
(eforma';#Es representation in the
an$$unian would be diminished. To ar$ue
that the vacanc% created was that #ormerl%held
b% the D
th
an$$unian member, a ;aBas'
.GCD'9ampi member, would result in the
increase in that part%Hs representation in the
an$$unian at the e'pense o# (eforma';#.
("avarro v. CA, .CC-)
b) The appointment to an% vacanc% caused
b% the cessation #rom o##ice o# a member o# the
san$$unian$ baran$a% must be made b% the
ma%or upon the recommendation o# the
san$$unian. The recommendation b% the
san$$unian ta4es the place o# nomination b%
the political part% (since members o# the
san$$unian$ baran$a% are prohibited to have
part% a##iliations) and is considered as a
condition sine *ua non #or the validit% o# the
appointment.
B-
SCHOOL OF LAW

In Farinas v. ?arba, 267 SC() /*7, where
vacanc% to be #illed was that o# a member o#
the an$$unian$ Ba%an who did not belon$ to
an% political part%, the C held that neither the
petitioner nor the respondent was validl%
appointed. "ot the petitioner, because althou$h
he was appointed b% the &overnor, he was not
recommended b% the an$$unian Ba%an.
"either the respondent, because althou$h he
was recommended b% the an$$unian Ba%an,
he was not appointed b% the &overnor.
<. ;acanc% in the representation o# the
%outh and the baran$a% in the san$$unian,
#illed automaticall% b% the o##icial ne't in ran4
o# the or$ani>ation concerned.
In <arvida v. Sales, .9- C?A 9B9, the C
pointed out that under the 3&C, the member o#
the an$$unian$ Nabataan who obtained the
ne't hi$hest number o# votes shall succeed the
Chairman i# the latter re#uses to assume o##ice,
#ails to *uali#%, is convicted o# a crime, voluntar%
resi$ns, dies is permanentl% incapacitated, is
removed #rom o##ice, or has been absent
without leave #or more than three consecutive
months. Ineli$ibilit% is not one o# causes
enumerated in the 3ocal &overnment Code.
Thus, to avoid hiatus in the o##ice o# the
Chairman, the vacanc% should be #illed b% the
members o# the an$$unian$ Nabataan
chosen b% the incumbent N members b%
simple ma(orit% #rom amon$ themselves.
Ot(er C%ses on 1S$ccession2
1. ;ice-$overnor actin$ as $overnor
cannot continue to preside over san$$unian$
panlalawi$an sessions while actin$ as such.
(<amboa v. )guirre, <( $/42$/, 0,.20.**)
2. +nder ection ===(b)(-)('iv) o# the
-EE- 3ocal &overnment Code,

applications #or
leave o# municipal o##icials and emplo%ees
appointed b% the )a%or shall be acted upon b%
himGher, not b% the Actin$ ;ice-)a%or. (Civil
Service Commission v. Sebastian, <(
$7$,//, $0.$$.2006)
3. In case o# vacanc% in the
an$$unian$ Ba%an, the nominee o# the part%
under which the member concerned was
elected and whose elevation to the hi$her
position created the last vacanc% will be
appointed. The last vacanc% re#ers to that
created b% the elevation o# the councilor as
vice-ma%or. The reason behind the rule is to
maintain part% representation. (.avarro v.
Court of )ppeals, <( $4$/0,, 0/.2+.200$)
&e ranBing in te sanggunian sall be
determined on basis of te proportion of te
votes obtained b% eac "inning candidate to
te total number of registered voters. &e la"
does not provide tat te number of votes "o
actuall% voted must be factored in te ranBing.
(;ictoria v. Comelec, &? -CECC<, C-.-C.E=)
4. The prohibition on midni$ht
appointments onl% applies to presidential
appointments. There is no law that prohibits
local elective o##icials #rom ma4in$
appointments durin$ the last da%s o# hisG her
tenure. (De (ama v. Court of )ppeals, /6/
SC() *4)
2n accordance "it Section 44 of te $**$
;ocal <overnment Code, te igest ranBing
sangguniang baranga% member, not te
second placer, "o sould become te
punong baranga% in case te "inning
candidate is ineligible. (Bautista v. Comelec,
&? -<=9EB, -C../..CC/5 Toal Iae %.
Comele!' &R (.>.*?0 (.>.*>' +B.*G.*++B)
Tem#or%r* H%c%ncies
1. 0hen the $overnor, cit% or municipal
ma%or, or punon$ baran$a% is temporaril%
incapacitated to per#orm his duties #or ph%sical
or le$al reasons such as, but not limited to,
leave o# absence, travel abroad and
suspension #orm o##ice, the vice $overnor, cit%
or municipal vice ma%or, or the hi$hest ran4in$
san$$unian baran$a% member shall
automaticall% e'ercise the powers and per#orm
the duties and #unctions o# the local chie#
e'ecutive concerned, e'cept the power to
appoint, suspend, or dismiss emplo%ees which
can be e'ercised onl% i# the period o#
temporar% incapacit% e'ceeds thirt% wor4in$
da%s. (aid temporar% incapacit% shall
terminate upon submission to the appropriate
san$$unian o# a written declaration that he has
reported bac4 to o##ice. In case the temporar%
incapacit% is due to le$al causes, the local
chie# e'ecutive concerned shall also submit
necessar% documents showin$ that the le$al
causes no lon$er e'ists.)
.. 0hen the local chie# e'ecutive is
travellin$ within the countr% but outside this
territorial (urisdiction #or a period not e'ceedin$
three consecutive da%s, he ma% desi$nate in
writin$ the o##icer-in-char$e o# the said o##ice.
uch authori>ation shall speci#% the powers
and #unctions that the local o##icial shall
e'ercise in the absence o# the local chie#
e'ecutive, e'cept the power to appoint,
suspend or dismiss emplo%ees. (I# the local
chie# e'ecutive #ails or re#uses to issue such
authori>ation, the vice-$overnor, cit% or
municipal vice-ma%or, or the hi$hest ran4in$
san$$unian baran$a% member, as the case
ma% be , shall have the ri$ht to assume the
powers, duties and #unctions o# the said o##ice
on the #ourth da% o# absence o# the local chie#
e'ecutive, e'cept the power to appoint.,
suspend or dismiss emplo%ees.)
. Com#ens%tion (?A 9-BC, ection D-)
The compensation o# local o##icials and personnel
shall be determined b% the san$$unian concerned,
sub(ect to the provisions o# ?A B9<D
B.
SCHOOL OF LAW

KCompensation and :osition Classi#ication Act o#
-EDE). The elective baran$a% o##icials shall be
entitled to receive honoraria, allowances and other
emoluments as ma% be provided b% law or
baran$a%, municipal or cit% ordinance, but in no
case less than -,CCC per month #or the punon$
baran$a% and :BCC.CC #or the san$$unian
members.
!lective o##icials shall be entitled to the same leave
privile$es as those en(o%ed b% appointive local
o##icials, includin$ the cumulation and commutation
thereo#.
!. 3ec%ll
?ecall is the termination o# o##icial relationship o# an
elective o##icial #or loss o# con#idence prior to the
e'piration o# his term throu$h the will o# electorate.
1. Initiatin$ the process o# recall throu$h
the convenin$ o# the :reparator% ?ecall
Assembl% (:?A) is constitutional. The
Constitution empowers Con$ress to provide
e##ective means o# recall. The adoption o# the
:?A resolution is not the recall itsel#. (<arcia
v. Comelec, <( $$$6$$, $0.06.*/)
2. 3oss o# con#idence as a $round #or
recall is a political *uestion. (<arcia v.
Comelec, <( $$$6$$, $0.06.*/)
3. Another resolution b% the :reparator%
?ecall Assembl% must be adopted to initiate
the recall o# a vice-ma%or who, be#ore the
recall election, became the ma%or. ()fiado v.
Comelec, <( $4$,+,, 0*.$+.2000)
4. The :reparator% ?ecall Assembl% is
distinct #rom li$a n$ m$a baran$a%. Baran$a%
o##icials who participated in recall did so not
as members o# the li$a but as :?A members.
(#alon5o v. Comelec, <( $2,077, 0/.$$.*,)
$. "otice to all members o# the
:reparator% ?ecall Assembl% is a mandator%
re*uirement. (<arcia v. Comelec, <(
$$$6$$, $0.06.*/)
6. "otice ma% be served b% president o#
the li$a n$ m$a baran$a% who is also a
member o# the :reparator% ?ecall Assembl%.
(#alon5o v. Comelec, <( $2,077, 0/.$$.*,)
7. ervice o# notice ma% be e##ected
under an% o# the modes o# service o#
pleadin$s R personal, b% re$istered mail.
(#alon5o v. Comelec, <( $2,077, 0/.$$.*,)
". The --%ear ban (#rom assumption and
ne't election) re#ers to the holdin$ o# the
recall election, not the convenin$ o# the :?A.
(Claudio v. Comelec, <( $40670I ,$4,
06.04.2000)
#. The Qre$ular recall electionH
mentioned in the --%ear proscription re#ers to
an election where the o##ice held b% the local
elective o##icial sou$ht to be recalled will be
contested and #illed b% the electorate. (@aras
v. Comelec, <( $2/$7*, $$.04.*7J :ariol v.
Comelec, <( $2,467, 0/.20.*,)
10. A part% a$$rieved b% the issuance o#
Comelec en banc resolution (calendar o#
activities #or recall election) when heG she had
su##icient time, must #ile a motion #or
reconsideration with Comelec en banc.
(:ariol v. Comelec, <( $2,467, 0/.20.*,)
6. 3esi)n%tion (?A 9-BC, ection D.)
?esi$nation o# elective local o##icials shall be
deemed e##ective onl% upon acceptance b% the
#ollowin$ authorities,
a) The :resident, in case o# $overnors,
vice-$overnors, and ma%ors and vice-ma%ors
o# hi$hl% urbani>ed cities and independent
component cities.
b) The $overnor, in the case o#
municipal ma%ors and vice-ma%ors, cit%
ma%ors and vice-ma%ors o# component cities.
c) The san$$unian concerned, in case
o# san$$unian members.
d) The cit% or municipal ma%or, in the
case o# baran$a% o##icials.
K"ote, The resi$nation shall be deemed accepted i#
not acted upon b% the authorit% concerned within
-< wor4in$ da%s #rom receipt thereo#. Irrevocable
resi$nations b% san$$unian members shall be
deemed accepted upon presentation be#ore an
open session o# the san$$unian concerned and
dul% entered in its records, e'cept where the
san$$unian members are sub(ect to recall elections
or to cases where e'istin$ laws prescribe the
manner o# actin$ upon such resi$nations.L
1I. ?riev%nce Proce"$re (?A 9-BC, ection D/)
The local chie# e'ecutive shall establish a
procedure to in*uire into, act upon, resolve or
settle complaints and $rievances presented b%
local $overnment emplo%ees.
11. /isci#line (?A 9-BC, ections BC-BD)
?ro$n"s ,or /isci#lin%r* Action'
An elective local o##icial ma% be disciplined,
suspended, or removed #rom o##ice on an% o# the
#ollowin$ $rounds,
1. Dislo%alt% to the republic o# the
:hilippines.
2. Culpable violation o# the Constitution.
/. Dishonest%, oppression, misconduct
in o##ice, $ross ne$li$ence, or dereliction o#
dut%.
It was held that acts o# lasciviousness cannot
be considered misconduct in o##ice, and ma%
not be the basis o# an order o# suspension. To
constitute a $round #or disciplinar% action, the
ma%or char$ed with the o##ense must be
convicted in the criminal action.
=. Commission o# an% o##ense involvin$
moral turpitude or an o##ense punishable b% at
least prision ma%or.
B/
SCHOOL OF LAW

<. Abuse o# authorit%.
In #ailin$ to share with the municipalities
concerned the amount paid b% the "aitonal
:ower Corporation #or the redemption o# the
properties ac*uired b% the :rovince o# Alba% at
a public auction held #or delin*uent realt% ta'es,
the :rovincial 2##icials were held $uilt% o#
abuse o# authorit%. (alalima v. &uin$ona, .<9
C?A <<)
B. +nauthori>ed absence #or -<
consecutive wor4in$ da%s, e'cept in the case
o# members o# the san$$unian$ palalawi$an,
panlun$sod, ba%an and baran$a%.
7. Application #or, or ac*uisition o#,
#orei$n citi>enship or residence or the status o#
an immi$rant o# another countr%.
D. uch other $rounds as ma% be
provided in this Code and other laws.
KAn elective local o##icial ma% be removed #rom
o##ice on the $rounds enumerated above b% order
o# the proper court.L
C%ses on /isci#liin%r* Action (A$ra "otes)
1. The power o# the :resident over
administrative disciplinar% cases a$ainst
elective local o##icials is derived #rom hisG her
power o# $eneral supervision over local
$overnments. The power to discipline and
ensure that the laws be #aith#ull% e'ecuted
must be construed to authori>e the
:resident to order an investi$ation o# the act
or conduct o# local o##icials when in hisG her
opinion the $ood o# the public service so
re*uires. Thus, 7Independentl% o# an%
statutor% provision authori>in$ the :resident
to conduct an investi$ation o# the nature
involved in this proceedin$, and in view o#
the nature and character o# the e'ecutive
authorit% with which the :resident o# the
:hilippines is invested, the constitutional
$rant to himG her power to e'ercise $eneral
supervision over all local $overnments and
to ta4e care that the laws be #aith#ull%
e'ecuted must be construed to authori>e
himG her to order an investi$ation o# the act
or conduct o# the local o##icial.(:oson v.
&orres, <( $/$266, 06.20.*+)
2. Iurisdiction over administrative
disciplinar% actions a$ainst elective local
o##icials is lod$ed in two authorities, the
Disciplinin$ Authorit% and the Investi$atin$
Authorit%. The Disciplinar% Authorit% ma%
constitute a pecial Investi$atin$ Committee
in lieu o# the ecretar% o# the Interior and
3ocal &overnment. 0ith respect to a
provincial $overnor, the disciplinin$ Authorit%
is the :resident o# the :hilippines, whether
actin$ b% himsel#G hersel# or throu$h the
!'ecutive ecretar%. The ecretar% o# the
Interior and 3ocal &overnment is the
Investi$atin$ Authorit%, who ma% act himsel#G
hersel# or constitute and Investi$atin$
Committee. The ecretar% o# the
Department, however, is not the e'clusive
Investi$atin$ Authorit%. In lieu o# the
Department ecretar%, the Disciplinin$
Authorit% ma% desi$nate a pecial
Investi$atin$ Committee. The power o# the
:resident over administrative disciplinar%
cases a$ainst elective local o##icials is
derived #rom hisG her power o# $eneral
supervision over local $overnments. The
power o# the Department to investi$ate
administrative complaints is based on the
alter-e$o principle or the doctrine o# *uali#ied
political a$enc%. (:oson v. &orres, <(
$/$266,06.20.*+)
3. An Qadministrative o##enseH means
ever% act or conduct or omission which
amounts to, or constitutes, an% o# the
$rounds #or disciplinar% action. (Salalima v.
<uingona, <( $$,6+*'*2,06.22.*7)
4. The -EE- 3ocal &overnment Code is
the applicable law inso#ar as disciplinar%
action a$ainst an elective local o##icial is
concerned. The Code prevails over the
Administrative Code since the latter is o#
$eneral application and the #ormer was
enacted much later than the latter. (Calingin
v. Court of )ppeals, <( $647$7,
0,.$2.2004)
$. 0hen a ma%or is ad(ud$ed to be
dis*uali#ied, a permanent vacanc% was
created #or #ailure o# the elected ma%or to
*uali#% #or the o##ice. In such eventualit%, the
dul% elected vice ma%or shall succeed as
provided b% law. The second placer cannot
be declared as ma%or. (&oral 9are v.
Comelec, <( $6,627I $6,62,, 04.2+.2004)
6. An% vote cast in #avor o# a candidate,
whose dis*uali#ication has alread% been
declared #inal re$ardless o# the $round, shall
be considered stra%. The application o# this
rule is not onl% limited to dis*uali#ication b%
conviction in a #inal (ud$ment. ection =C o#
the -EE- 3ocal &overnment Code
enumerates other $rounds. The
dis*uali#ication o# a candidate is not onl% b%
conviction in a #inal (ud$ment. (&oral 9are v.
Comelec, <( $6,627I $6,62,, 04.2+.2004)
7. A reelected local o##icial ma% not be
held administrativel% accountable #or
misconduct committed durin$ hisG her prior
term o# o##ice. The re-election o# a public
o##icial e'tin$uishes onl% the administrative,
but not the criminal, liabilit% incurred durin$
the previous term o# o##ice. (8alencia v.
Sandiganba%an, <( $4$//7, 07.2*.2004) A
local o##icial who was re-elected can no
lon$er be char$ed administrativel% #or
misconduct durin$ previous term. (<arcia v.
B=
SCHOOL OF LAW

#o1ica, <( $/*04/, 0*.$0.**) An
administrative case has become moot and
academic as a result o# the e'piration o#
term o# o##ice o# an elective local o##icial
durin$ which the act complained o# was
alle$edl% committed. :roceedin$s a$ainst
respondent are there#ore barred b% hisG her
re-election. (#alinao v. (e%es, <( $$,7$+,
0/.2*.*7J (e%es v. Comelec, <( $20*06,
0/.0,.*7)
". +nder the -EE- 3ocal &overnment
Code, the dis*uali#ication to run #or an%
elective local position is #or two %ears a#ter
service o# sentence, not < %ears under the
2mnibus !lection Code since the 3&C is the
later enactment. (#agno v. Comelec, <(
$4,*04, $0.04.2002)
12. C%ses on O,,enses (A$ra "otes)
1. There are no unlaw#ul disbursements
o# public #unds when disbursements are
made pursuant to a reenacted bud$et. )one%
can be paid out o# the local treasur% since
there is a valid appropriation. There is no
undue in(ur% since there was non unlaw#ul
e'penditure. @owever, onl% the annual
appropriations #or salaries and wa$es,
statutor% and contractual obli$ations, and
essential operatin$ e'penses are deemed
reenacted. There is criminal liabilit% in dela%
in submission o# the bud$et proposal
provided the re*uirements under ection /-D
o# the Code are not met. The ma%or must #irst
receive the necessar% #inancial documents
#rom other cit% o##icials in order to be able to
prepare the bud$et. (8illanueva v. 4ple, <(
$76$26, $$.$+.2006)
2. A ma%or who continues to per#orm
the #unctions o# the o##ice despite the #act that
heG she is under preventive suspension
usurps the authorit% o# the 2##ice o# the )a%or
and is liable #or violation o# ection -/ o# the
Anti-&ra#t and Corrupt :ractices Act. ection
-/ o# ?.A. "o. /C-E covers two t%pes o#
o##enses, (-) an% o##ense involvin$ #raud on
the $overnment5 and (.) an% o##ense involvin$
public #unds or propert%. The #irst t%pe
involves an% #raud whether public #unds are
involved or not. 7Araud upon $overnment8
means 7an% instance or act o# tric4er% or
deceit a$ainst the $overnment.8 It cannot be
read restrictivel% so as to be e*uivalent to
malversation o# #unds. @onest belie# that he is
no lon$er under preventive suspension
cannot serve as de#ense when he re#used to
leave his position despite havin$ received the
memorandum #rom the Department o# Interior
and 3ocal &overnment and onl% vacatin$ the
o##ice a#ter bein$ #orced out b% the :hilippine
"ational :olice. (#iranda v. Sandiganba%an,
<( $640*+, 0,.2,.2006)
3. B% allowin$ a dismissed emplo%ee
whose dismissal was a##irmed b% the Civil
ervice Commission to continue wor4in$ and
receive hisG her salar%, the ma%or accorded
unwarranted bene#its to a part%. There#ore
heG she is liable #or violatin$ ection /(e) o#
the Anti-&ra#t and Corrupt :ractices Act. At
the time o# the commission o# the crime, the
municipal ma%or, heG she was mandated to
abide b% Article I o# ection ===(b)(') o# -EE-
3ocal &overnment Code which directs
e'ecutive o##icials and emplo%ees o# the
municipalit% to #aith#ull% dischar$e their duties
and #unctions as provided b% law.
Considerin$ such dut%, the ma%or had to
en#orce decisions or #inal resolutions, orders
or rulin$s o# the Civil ervice Commission.
(8elasco v. Sandiganba%an, <($70**$,
02.2+.2006)
4. +nder ection /(h) o# ?.A. /C-E, the
person liable is an% public o##icer who directl%
or indirectl% has #inancial or pecuniar% interest
in an% business, contract or transaction in
connection with which he intervenes or ta4es
part in his o##icial capacit%, or in which he is
prohibited b% the Constitution or b% an% law
#rom havin$ an% interest. The essential
elements o# the violation o# said provision are
as #ollows, -) The accused is a public o##icer5
.) he has a direct or indirect #inancial or
pecuniar% interest in an% business, contract
or transaction5 /) he either, a) intervenes or
ta4es part in his o##icial capacit% in connection
with such interest, or b) is prohibited #rom
havin$ such interest b% the Constitution or b%
law. In other words, there are two modes b%
which a public o##icer who has a direct or
indirect #inancial or pecuniar% interest in an%
business, contract, or transaction ma% violate
ection /(h) o# ?.A. /C-E. The #irst mode is
when the public o##icer intervenes or ta4es
part in his o##icial capacit% in connection with
his #inancial or pecuniar% interest in an%
business, contract or transaction. The second
mode is when he is prohibited #rom havin$
such an interest b% the Constitution or b% law.
K
Thus, a ma%or violated the a#orestated
provision via the #irst mode when heGshe
intervened in hisGher o##icial capacit% in
connection with hisGher #inancial or pecuniar%
interest in the transaction re$ardin$ the
suppl% and deliver% o# mi'ed $ravel and sand
to the constituent baran$a%s. It was the
ma%orHs compan% that supplied the materials.
(Domingo v. Sandiganba%an, <( $4*$,6,
$0.26.2006)
$. There are two modes b% which a
public o##icer who has a direct or indirect
B<
SCHOOL OF LAW

#inancial or pecuniar% interest in an%
business, contract, or transaction ma% violate
ection /(h) o# the Anti-&ra#t and Corrupt
:ractices Act. The #irst mode is i# in
connection with hisG her pecuniar% interest in
an% business, contract or transaction, the
public o##icer intervenes or ta4es part in hisG
her o##icial capacit%. The second mode is
when heG she is prohibited #rom havin$ such
interest b% the Constitution or an% law. A
ma%or relative to the issuance o# a license to
operate a coc4pit which heG she owns cannot
be held liable under the #irst mode since heG
she could not have intervened or ta4en part in
hisG her o##icial capacit% in the issuance o# a
coc4pit license because he was not a
member o# the an$$unian$ Ba%an. +nder
the -EE- 3ocal &overnment Code, the $rant
o# a license is a le$islative act o# the
san$$unian. @owever, the ma%or could be
liable under the second mode. Aurther,
ection DE o# the -EE- 3ocal &overnment
Code proscribes such pecuniar% interest. The
penalt% must be that one provided under the
Code, not under the Anti-&ra#t 3aw since the
Code speci#icall% re#ers to interests in
coc4pits while the latter re#ers in $eneral to
pecuniar% interest. (&eves v. Sandiganba%an,
<( $64$+2, $2.$,.2004)
6. An ille$all% dismissed $overnment
emplo%ee who is later ordered reinstated is
entitled to bac4wa$es and other monetar%
bene#its #rom the time o# hisG her ille$al
dismissal up to hisG her reinstatement. This is
onl% #air and (ust because an emplo%ee who
is reinstated a#ter havin$ been ille$all%
dismissed is considered as not havin$ le#t hisG
her o##ice and should be $iven the
correspondin$ compensation at the time o#
hisG her reinstatement. 0hen there is no
malice or bad #aith that attended the ille$al
dismissal and re#usal to reinstate on the part
o# the municipal o##icials, the% cannot be held
personall% accountable #or the bac4 salaries.
The municipal $overnment should disburse
#unds to answer #or the claims resultin$ #rom
dismissal. (Civil Service Commission v.
<entallan, <( $62+//, 06.0*.2006)
7. Q)oral TurpitudeH is an act o#
baseness, vileness, or depravit% in the private
duties which a person owes hisG her #ellow
men (and women) or to the societ% in
$eneral, contrar% to the accepted and
customar% rule o# ri$ht and dut% between man
and woman or conduct contrar% to (ustice,
honest%, modest%, or $ood morals. 2ne such
act is the crime o# #encin$. (Dela &orre v.
Comelec <( $2$6*2, 0,.06.*7)
". A local chie# e'ecutive is not dut%-
bound to approve and si$n a voucher when
there is no appropriations ordinance and
when there is no certi#ication o# availabilit% o#
#unds #or the intended purpose. Aor not
si$nin$ the voucher, bad #aith cannot be
imputed a$ainst himG her. (;lorente v.
Sandiganba%an, <($22$77, 0/.$$.*+)
#. 0hen the validit% o# subse*uent
appointments to the position o# Assistant Cit%
Assessor has not been challen$ed, the cit%
ma%or who appointed a person to serve in
said position had ever% ri$ht to assume in
$ood #aith that the one who held the position
prior to the appointments no lon$er held the
same. Thus, the cit% ma%or is not liable #or
violation o# ections /(a) and /(e) o# the Anti-
&ra#t and Corrupt :ractices Act. ection /(a)
re*uires a deliberate intent on the part o# the
public o##icial concerned to violate those rules
and re$ulations dul% promul$ated b%
competent authorit%, or to commit an o##ense
in connection with o##icial duties. 2n the other
hand, ection /(e) poses the standard o#
mani#est partialit%, evident bad #aith, or $ross
ine'cusable ne$li$ence be#ore liabilit% can be
had on that para$raph. )ani#est partialit% has
been characteri>ed as a clear, notorious or
plain inclination or predilection to #avor one
side rather than the other. !vident bad #aith
connotes a mani#est deliberate intent on the
part o# the accused to do wron$ or cause
dama$e. &ross ine'cusable ne$li$ence has
been de#ined as ne$li$ence characteri>ed b%
the want o# even sli$ht care, actin$ or
omittin$ to act in a situation where there is a
dut% to act, not inadvertentl% but wil#ull% and
intentionall% with a conscious indi##erence to
conse*uences in so #ar as other persons ma%
be a##ected. ((e%es v. )tien5a, <( $6224/,
0*.2/.2006)
10. The approval b% the Commission on
Audit (C2A) o# disbursements o# local #unds
b% a local e'ecutive relates to the
administrative aspect o# the matter o# the
o##icials accountabilit%. It does not #oreclose
the 2mbudsmanHs authorit% to investi$ate
and determine whether there is a crime to be
prosecuted #or which heG she is accountable.
Compliance with C2A rules and re$ulations
does not necessaril% mean that no
misappropriation o# public #unds was
committed. !vidence in this re$ard must still
be adduced. ()guinaldo v. Sandiganba%an,
<( $244,$, $$.2+.*7)
11. :ublic o##icials, more especiall% an
elected one, should not be onion-s4inned.
Thus, a vice-ma%or who beat up a motorist
despite the provocation b% the latter, is $uilt%
o# misconduct. The period where an o##icial
was placed under preventive suspension
cannot be credited to the penalt% imposed on
BB
SCHOOL OF LAW

himG her. (Kabut v. 4ffice of te 4mbudsman,
<( $$$/04, 0,.$,.*4)
12. A cit% ma%or cannot be held liable
under ection /($) o# the Anti-&ra#t and
Corrupt :ractices Act #or enterin$ into a
contract which is $rossl% and mani#estl%
disadvanta$eous to the $overnment when the
contract which is sub(ect o# the complaint has
been rescinded be#ore the report o# the
Commission on Audit came out and be#ore
the complaint was #iled with the 2mbudsman.
(Duterte v. Sandiganba%an, <( $/0$*$,
04.2,.*+)
13. :artial restitution o# cash shorta$e is
an implied admission o# misappropriation o#
missin$ #unds b% the municipal treasurer in
case where heG she o##ers no competent and
credible evidence to prove that the missin$
#unds were actuall% cash advances o#
emplo%ees in the municipalit%. (Doldol v.
@eople of te @ilippines, <( $744+$,
0*.20.2006)
13. C%ses on Proce"$re (A$ra "otes)
1. An errin$ elective local o##icials has
ri$hts a4in to the constitutional ri$hts o# an
accused. These are essentiall% part o#
procedural due process. The local elective
o##icial has the (-) ri$ht to appear and de#end
himsel#G hersel# in person or b% counsel5 (.)
the ri$ht to con#ront and cross-e'amine the
witnesses a$ainst himG her5 and (/) the ri$ht
to compulsor% attendance o# witness and the
production o# documentar% evidence. Thus,
the o##icialHs ri$ht to a #ormal investi$ation
was not satis#ied when the complaint a$ainst
himG her decided on the basis o# position
papers. The provisions #or administrative
disciplinar% actions elective local o##icials are
mar4edl% di##erent #rom appointive o##icials.
The rules on the removal and suspension o#
elective local o##icials are more strin$ent. The
procedure o# re*uirin$ position papers in lieu
o# a hearin$ in administrative cases is
e'pressl% allowed with respect to appointive
o##icials but not to those elected. An elective
o##icial, elected b% popular vote, is directl%
responsible to the communit% that elected
himG her. The o##icial has a de#inite term o#
o##ice #i'ed b% law which is relativel% o# short
duration. uspension and removal #rom o##ice
de#initel% a##ects and shortens this term o#
o##ice. 0hen an elective o##icial is suspended
or removed, the people are deprived o# the
services o# the o##icial the% had elected.
(:oson v. &orres, <( $/$266, 06.20.*+)
2. The essence o# procedural due
process is embodied in the basic re*uirement
o# notice and a real opportunit% to be heard.
In administrative proceedin$s, procedural due
process simpl% means the opportunit% to
e'plain oneHs side or the opportunit% to see4
a reconsideration o# the action or rulin$
complained o#. :rocedural due process has
been reco$ni>ed to include the #ollowin$, (-)
the ri$ht to actual or constructive notice o# the
institution o# proceedin$s which ma% a##ect a
respondentHs le$al ri$hts5 (.) a real
opportunit% to be heard personall% or with the
assistance o# counsel, to present witnesses
and evidence in oneHs #avor, and to de#end
oneHs ri$hts5 (/) a tribunal vested with
competent (urisdiction and so constituted as
to a##ord a person char$ed administrativel% a
reasonable $uarantee o# honest% as well as
impartialit%5 and (=) a #indin$ b% said tribunal
which is supported b% substantial evidence
submitted #or consideration durin$ the
hearin$ or contained in the records or made
4nown to the parties a##ected. Ninship alone
does not establish bias and partialit%. Bias
and partialit% cannot be presumed. In
administrative proceedin$s, no less than
substantial proo# is re*uired. )ere alle$ation
is not e*uivalent to proo#. )ere suspicion o#
partialit% is not enou$h. There should be
hard evidence to prove it, as well as mani#est
showin$ o# bias and partialit% stemmin$ #rom
an e'tra(udicial source or some other basis.
(Casimiro v. &andog, <( $47$/,,
07.0+.2006)
3. An administrative complaint a$ainst
an errin$ elective o##icial must be veri#ied and
#iled with the proper $overnment o##ice. A
complaint a$ainst an elective provincial or cit%
must be #iled with the 2##ice o# the :resident.
A complaint a$ainst an elective municipal
o##icial must be #iled with the an$$unian$
:anlalawi$an while that o# a baran$a% o##icial
must be #iled be#ore the an$$unian$
:anlun$sod or an$$unian$ Ba%an.
(#endo5a v. ;a0ina, <( $47+,6,
0,.$4.200/)
4. The lac4 o# veri#ication in a letter-
complaint ma% be waived, the de#ect bein$
not #atal. ;eri#ication is a #ormal, not
(urisdictional re*uites. (:oson v. &orres <(
$/$266, 06.20.*+)
$. Decisions o# the 2##ice o# the
:resident are #inal and e'ecutor%. "o motion
#or reconsideration is allowed b% law but the
parties ma% appeal the decision to the Court
o# Appeals. The appeal, however, does not
sta% the e'ecution o# the decision. The
ecretar% o# the Interior and 3ocal
&overnment ma% validl% move #or its
immediate e'ecution. (Calingin v. Court of
)ppeals, <( $647$7, 0,.$2.2004)
6. Direct recourse to the courts without
e'haustin$ administrative remedies is not
B9
SCHOOL OF LAW

permitted. Thus, a ma%or who claims that the
imposition o# preventive suspension b% the
$overnor was un(usti#ied and politicall%
motivated, should see4 relie# #irst #rom the
ecretar% o# the Interior and 3ocal
&overnment, not #rom the courts. (Cspiritu v.
#elgar, <( $00+,4, 02.$/.*2)
7. The -EE- 3ocal &overnment Code
does not preclude the #ilin$ o# an appeal o# a
decision o# a san$$unian$ panlun$sod
involvin$ an elective baran$a% o##icial.
ection BD o# the Code speci#icall% allows a
part% to appeal to the 2##ice o# the :resident.
The decision is immediatel% e'ecutor% but the
respondent ma% nevertheless appeal the
adverse decision to the 2##ice o# the
:resident or to the an$$unian$
:anlalawi$an, as the case ma% be. (#endo5a
v. ;a0ina, <( $47+,6, 0,.$4.200/)
". +nder ection B- o# the -EE- 3ocal
&overnment Code, a complaint a$ainst an%
elective o##icial o# a municipalit% shall be #iled
be#ore the san$$unian$ panlalawi$an whose
decision ma% be appealed to the 2##ice o# the
:resident. 0hen appeal to the 2##ice o# the
:resident is available, resort to #ilin$ a
petition #or certiorari, prohibition and
mandamus with the Court o# Appeals under
?ule B<, -= was inapt. The availabilit% o# the
ri$ht o# appeal precludes recourse to the
special civil action #or certiorari. (?alindong v.
Dacalos, <( $6++,4, $$.$0. 2004)
#. "o notice o# the session where a
decision o# the san$$unian is to be
promul$ated on the administrative case is
re*uired to be $iven to the petitioner. The
deliberation o# the san$$unian is an internal
matter. In order to render a decision in
administrative cases involvin$ elective local
o##icials, the decision o# the san$$unian must
be writin$ statin$ clearl% and distinctl% the
#acts and the reasons #or the decision. Thus,
the votin$ #ollowin$ the deliberation o# the
members o# the san$$unian did not constitute
the decision unless this was embodied in an
opinion prepared b% one o# them and
concurred in b% the others. +ntil the members
have si$ned the opinion and the decision is
promul$ated, the% are #ree to chan$e their
votes. (#alinao v. (e%es, <( $$,7$+,
0/.2*.*7)
10. The #ilin$ o# motion #or
reconsideration be#ore the supervisin$ local
$overnment concernin$ a disciplinar% case
involvin$ an elective o##icial o# the supervised
unit prevents the decision o# the #ormer #rom
becomin$ #inal. Thus, there is thus no
decision #indin$ the o##icial $uilt% to spea4 o#
which would dis*uali#% said o##icial. (;ingating
v. Comelec, <( $6/4,6, $$.$/.2002)
11. +nder the -EE- 3ocal &overnment
Code, an elective local o##icial must be citi>en
o# the :hilippines. 2ne who claims that a
local o##icial is not has the burden o# provin$
hisG her claim. In administrative cases and
petitions #or dis*uali#ication, the *uantum o#
proo# re*uired is substantial evidence.
(#atugas v. Comelec, <( $6$*44,
0$.20.2004)
12. The 2##ice o# the :resident is
authori>ed to sta% the e'ecution o# a decision
a$ainst a municipal ma%or issued b% the
an$$unian$ :analawi$an pendin$ appeal.
?eviewin$ o##icials are not deprived o# their
authorit% to order a sta% an appealed
decision. upervisin$ o##icials are $iven such
discretion. (?erces v. <uingona, 24$ SC()
6/*)
14. Com#l%ints
1. A veri#ied complaint a$ainst
provincial, hi$hl% urbani>ed cit% or independent
component cit% elective o##icial, shall be #iled
be#ore the 2##ice o# the :resident.
a) It ma% be noted that the Constitution
places local $overnments under the supervision
o# the !'ecutive. 3i4ewise, the Constitution
allows Con$ress to include in the 3ocal
&overnment Code provisions #or removal o#
local o##icials, which su$$est that Con$ress
ma% e'ercise removal powers. o, the 3ocal
&overnment Code has done and dele$ated its
e'ercise to the :resident. "ote also that le$all%,
supervision is not incompatible with disciplinar%
authorit%. (&an>on v. CA, .CC C?A .9-)
') +nder Administrative 2rder "o. ./, the
:resident has dele$ated the power to
investi$ate complaints to the ecretar% o#
Interior and 3ocal &overnment. This is valid
dele$ation because what is dele$ated is onl%
the power to investi$ate, not the power to
discipline. Besides, the power o# the ecretar%
o# Interior and 3ocal &overnment to investi$are
is based on the alter ego principle. (Ioson v.
Torres, .EC C?A .9E)
c) The respondent has the ri$ht to #ormal
investi$ation under Administrative 2rder "o. ./
which includes the ri$ht to appear and de#end
himsel# in person or b% counsel, the ri$ht ri$ht
to con#ront the witnesses a$ainst him and the
ri$ht to compulsor% process #or the attendance
o# witnesses and the production o# documents.
Thus, in this case, where the ecretar% denied
the petitioners motion #or a #ormal investi$ation
and decided the case on the basis o# position
papers, the ri$ht # the petitioner was violated
(Ioson v. Torres) In Salalima v. <uingona, 26,
SC() 66, the C said that the administrative
investi$ation can proceed even durin$ the
pendenc% o# an appeal o# audit #indin$s to the
Commission on Audit.
2. A veri#ied complaint a$ainst elective
municipal o##icials, shall be #iled be#ore the
BD
SCHOOL OF LAW

san$$uinian panlalawi$an, whose decision
ma% be appealed to the 2##ice o# the
:resident.
a) Administrative 2rder "o. -D dated
Aebruar% -., -ED9, which provides that on
appeal #rom the decision o# the an$$unian$
:anlalawi$an, the :resident ma% sta%
e'ecution o# the appealed decision, was
deemed not to have been repealed b% ?A 9-BC
did not e'pressl% repeal the administrative
order, and implied repeals are #rowned upon.
(Berces v. !'ecutive ecretar%, .=- C?A
</E)
') The decision o# the san$$unian
panlalawi$an in administrative cases involvin$
elective o##icials ma% be in writin$ statin$
clearl% and distinctl% the #acts and the reasons
#or the decision, and must be si$ned b% the
re*uisite ma(orit% o# the san$$unian. ()alinao
v. ?e%es, .<B C?A B-B)
3. A valid complaint a$ainst elective
baran$a% o##icials, shall be #iled be#ore the
san$$unian$ pan$lun$sod os sa$$unian$
ba%an concerned, whose decision shall be
#inal and e'ecutor.
15. Preventive S$s#ension (A$ra "otes)
1. N%t$re. :reventive suspension is
merel% a preventive measure, a preliminar%
step in an administrative investi$ation.
P$r#ose. The purpose o# the suspension
order is to prevent the accused #rom usin$ his
position and the powers and prero$atives o#
his o##ice to in#luence potential witnesses or
tamper with records which ma% be vital in the
prosecution o# the case a$ainst him.

I# a#ter
such investi$ation, the char$e is established
and the person investi$ated is #ound $uilt% o#
acts warrantin$ his suspension or removal,
then he is suspended, removed or dismissed.
This is the penalt%. "ot bein$ a penalt%, the
period within which one is under preventive
suspension is not considered part o# the
actual penalt% o# suspension. Thus, service o#
the preventive suspension cannot be credited
as service o# penalt%. (3uimbo v. <ervacio,
<( $66720,0+.0*.2006)
2. PreAre0$isites. A preventive
suspension ma% be imposed b% the
Disciplinar% Authorit% at an% time (a) a#ter the
issues are (oined i.e. respondent has #iled an
answer5 (b) when the evidence o# $uilt is
stron$5 and (c) $iven the $ravit% o# the
o##enses, there is $reat probabilit% that the
respondent, who continues to hold o##ice,
could in#luence the witnesses or pose a threat
to the sa#et% and inte$rit% o# the records and
other evidence. These are the pre-re*uisites.
@owever, the #ailure o# respondent to #ile hisG
her answer despite several opportunities
$iven himG her is construed as a waiver o# hisG
her ri$ht to present evidence in hisG her
behal#. In this situation, a preventive
suspension ma% be imposed even i# an
answer has not been #iled. (:oson v. &orres,
<( $/$266, 06.20.*+)
3. ection B/ o# the 3ocal &overnment
Code which provides #or a BC da% ma'imum
period #or preventive suspension #or a sin$le
o##ice does not $overn preventive
suspensions imposed b% the 2mbudsman,
which is a constitutionall% created o##ice and
independent #rom the !'ecutive branch o#
$overnment. The 2mbudsmanHs power o#
preventive suspension is $overned b%
?epublic Act "o. B99C

otherwise 4nown as
7The 2mbudsman Act o# -EDE8. +nder the
Act, the preventive suspension shall continue
until the case is terminated b% the 2##ice o#
the 2mbudsman but not more than si'
months. (#iranda v. Sandiganba%an, <(
$640*+, 0,.2,.2006)
4. +nder the -EE- 3ocal &overnment
Code, a sin$le preventive suspension o# local
elective o##icials should not $o be%ond BC
da%s. Thus, the andi$anba%an cannot
preventivel% suspend a ma%or #or EC da%s.
((ios v. Sandiganba%an, <( $2**$/,
0*.27.*,)
$. A municipal o##icial placed under
preventive suspension b% a san$$unian$
panlalawi$an must #ile a motion #or
reconsideration be#ore the said san$$unian
be#ore #ilin$ a petition #or certiorari with the
Court o# Appeals. uch motion is a condition
sine qua non be#ore #ilin$ a petition #or
certiorari under ?ule B< o# the -EE9 ?ules o#
Civil :rocedure, as amended. (Flores v.
Sangguniang @anlala"igan of @ampanga,
<( $6*022, 02.2/.2006)
6. There is nothin$ improper in placin$
an o##icer in preventive suspension be#ore
char$es a$ainst himG her are heard and
be#ore heGshe is $iven an opportunit% to prove
hisGher innocence. This is allowed so that
such o##icer ma% not hamper the normal
course o# the investi$ation throu$h the use o#
hisG her in#luence and authorit%. (Cspiritu v.
#elgar, <( $00+,4, 02.$/.*2)
7. The 2mbudsman pursuant to
?epublic Act "o. B99C and the :resident are
both authori>ed to place under preventive
suspension errin$ local o##icials o# hi$hl%-
urbani>ed cities, independent cities and
provinces. The 2mbudsman ma% impose a
lon$er period o# preventive suspension than
the :resident ma%. In order to (usti#% the
preventive suspension o# a public o##icial
under ection .= o# ?epublic Act "o. B99C,
BE
SCHOOL OF LAW

the evidence o# $uilt should be stron$, and (a)
the char$e a$ainst the o##icer or emplo%ee
should involve dishonest%, oppression or
$rave misconduct or ne$lect in the
per#ormance o# dut%5 (b) the char$es should
warrant removal #rom the service5 or (c) the
respondentHs continued sta% in o##ice would
pre(udice the case #iled a$ainst himGher. The
2mbudsman can impose the B-month
preventive suspension on all public o##icials,
whether elective or appointive, who are under
investi$ation. 2n the other hand, in imposin$
the shorter period o# si't% (BC) da%s o#
preventive suspension under the -EE- 3ocal
&overnment Code on an elective local o##icial
(at an% time a#ter the issues are (oined), it
would be enou$h that (a) there is reasonable
$round to believe that the respondent has
committed that act or acts complained o#, (b)
the evidence o# culpabilit% is stron$, (c) the
$ravit% o# the o##ense so warrants, or (d) the
continuance in o##ice o# the respondent could
in#luence the witnesses or pose a threat to
the sa#et% and inte$rit% o# the records and
other evidence. (!agad v. <o5o'dadole, <(
$0+0,2, $2.$2.*6)
8(o m%* im#ose #reventive s$s#ension.
:reventive suspension ma% be imposed b% the
:resident, the $overnor, or the ma%or Kas the case
ma% beL at an% tome a#ter the issues are (oined,
when the evidence o# $uilt is stron$, and $iven the
$ravit% o# the o##ense, there is $reat probabilit% that
the continuance in o##ice o# the respondent could
in#luence the witnesses or pose a threat to the
sa#et% and inte$rit% o# the records and other
evidence5 provided that an% sin$le preventive
suspension shall not e'tend be%ond BC da%s, and
in the event several administrative cases are #iled
a$ainst the respondent, he cannot be suspended
#or more than EC da%s within a sin$le %ear on the
same $round or $rounds e'istin$ and 4nown at the
time o# the #irst suspension.
-. The authorit% to preventivel% suspend
is e'ercised concurrentl% b% the 2mbudsman,
pursuant to ?A B99C5 the same law authori>es
a preventive suspension o# si' months. (@a$ad
v. &o>o-Dadole, -EE<)
The preventive suspension o# an elective local
o##icial (in this case the )a%or o# an
Aernando, ?omblon) b% the andi$naba%an
on a char$e o# violation o# ?A /C-E, shall
li4ewise be onl% #or a period o# BC da%s, not EC
da%s, consistent with ection B/, ?A 9-BC,
which provides that 7an% sin$le preventive
suspension o# local elective o##icials shall not
e'tend be%ond BC da%s.8 (?ios v.
andi$anba%an, -EE9)
.. +pon e'piration o# the preventive
suspension, the respondent shall be deemed
reinstated in o##ice without pre(udice to the
continuation o# the proceedin$s a$ainst him,
which shall be terminated within -.C da%s #rom
the time he was #ormall% noti#ied o# the case
a$ainst him.
/. An% abuse o# the e'ercise o# the
power o# preventive suspension shall be
penali>ed as abuse o# authorit%.
16. Pen%lt* (A$ra "otes)
1. +nder ection BC o# the -EE- 3ocal
&overnment Code, the penalt% o# dismissal
#rom service upon an errin$ local o##icial ma%
be declared onl% b% a court o# law. Thus,
Article -.=(b), ?ule XIX o# the ?ules and
?e$ulations Implementin$ the 3ocal
&overnment Code, which $rants the
disciplinar% authorit% the power to remove
elective local o##icials, is a nullit%. (@ablico v.
8illapando, <( $4,+,0, 0,./$.2002)
2. A san$$unian panlalawi$an ma%
cause the removal o# a municipal ma%or who
did not appeal to the 2##ice o# the :resident
within the re$lemantar% period the decision
removal himG her #rom o##ice. I# a public
o##icial is not removed be#ore hisG her term o#
o##ice e'pires, heG she can no lon$er be
removed i# heGshe therea#ter re-elected #or
another term. There#ore, a decision removin$
an elective local o##icial, which has become
#inal be#ore the election, constitutes a
dis*uali#ication. ((e%es v. Comelec, <(
$20*06, 0/.0,.*7)
3. The :resident ma% suspend an errin$
provincial elected o##icial who committed
several administrative o##enses #or an
a$$re$ate period e'ceedin$ B months
provided that each administrative o##ense, the
period o# suspension does not e'ceed the B-
month limit. (Salalima v. <uingona, <(
$$,6+*'*2, 06.22.*7)
4. Dishonest% , oppression, misconduct
in o##ice, $ross ne$li$ence, or an o##ense
punishable b% at least prison ma%or constitute
$rounds #or removal upon order o# the proper
court. (Castillo'Co v. ?arbers <( $2**62,
07.$7.*+)
The penalt% o# suspension imposed upon the
respondent shall not e'ceed his une'pired term, or
a period o# B months #or ever% administrative
o##ense, nor shall said penalt% be a bar to the
candidac% o# the respondent as lon$ as he meets
the *uali#ications re*uired #or the o##ice.
1. In @ablico v. 8illapando, 2002, it was
held that b% virtue o# ection BC o# the 3&C,
which provides that 7an elective local o##icial
ma% be removed #rom o##ice on $rounds
enumerated above b% order o# the proper
court,8 the penalt% o# dismissal #orm the
service ma% be imposed upon an errin$ local
9C
SCHOOL OF LAW

elective o##icial onl% b% a court o# law. The
provision o# the Implementin$ ?ules and
?e$ulations $rantin$ the disciplinin$ authorit%
the power to remove an elective local o##icial
administrativel% are invalid.
.. "ote that under ection =C o# the
3ocal &overnment Code, the penalt% o#
removal #orm o##ice as a result o# an
administrative case shall be a bar to the
candidac% o# the respondent #or an% elective
local o##ice.
3. In Salalima v. <uingona, 26, SC()
66, the C upheld the imposition o# the
administrative penalt% o# suspension o# not
more than B months #or each o##ense, provided
that the successive serves o# the sentence
should not e'ceed the une'pired portion o# the
term o# the petitioners. The suspension did not
amount to removal #rom o##ice.
1. A"ministr%tive A##e%l
Decision ma%, within /C da%s #rom receipt thereo#,
be appealed to,
-. The san$$unian$ panlalawi$an, in
the case o# decision o# component citiesH
san$$unian$ panlun$sod and san$$unian$
ba%an5
2. The 2##ice o# the :resident, in the
case o# decision o# the san$$unian$
panlalawi$an and the san$$unian$
pan$lun$sod o# hi$hl% urbani>ed cities and
independent component cities. Decision o# the
2##ice o# the :resident shall be #inal and
e'ecutor%.
a) In #alinao v. (e%es, 266 SC() 7$7, the
C ruled that certiorari will not lie because
there is still ade*uate remed% available in the
ordinar% course o# law, i.e., appeal o# the
decision o# the an$$unian$ :anlalawi$an to
the 2##ice o# the :resident.
') That there is appeal to the 2##ice o# the
:resident is reiterated in #endo5a v. ;a0ina,
200/, althou$h in this case, because the issue
raised was purel% le$al, resort to court was
upheld. The phrases, 7#inal and e'ecutor%8 and
7#inal or e'ecutor%8 in ections B9 and BD o# the
3ocal &overnment Code, simpl% mean that
administrative appeal will not prevent the
en#orcement o# the decision. 0hile the
administrative decision is immediatel%
e'ecutor%, the local elective o##icial ma%
nevertheless appeal the adverse decision to
the 2##ice o# the :resident or the an$$unian
:anlalawi$an, as the case ma% be. A#ter all, i#
e'onerated on appeal, he will be paid his salar%
an such other emoluments denied him durin$
the pendenc% o# the appeal.
1!. 7>ec$tion Pen"in) A##e%l
An appeal shall not prevent a decision #rom bein$
e'ecuted5 the respondent shall be considered as
havin$ been placed under preventive suspension
durin$ the pendenc% o# the appeal. But in ?erces
v. C0ecutive Secretar%, 24$ SC() 6/0, the C
pointed out the Administrative 2rder "o. -D
authori>es the 2##ice o# the :resident to sta% the
e'ecution o# a decision pendin$ appeal.
Administrative 2rder "o. -D was not repealed b%
the 3ocal $overnment Code.
16. @$ris"iction o, S%n"i)%n-%*%n
-. Aor an o##ense to #all under the
e'clusive ori$inal (urisdiction o# the
andi$anba%an, the #ollowin$ re*uisites must
concur,
(-) the o##ense committed is a violation o#
(a) ?.A. /C-E, as amended (the Anti-&ra#t
and Corrupt :ractices Act),
(b) ?.A. -/9E (the law on ill-$otten
wealth), (c) Chapter II, ection ., Title ;II,
Boo4 II o# the ?evised :enal Code (the
law on briber%),
(d) !'ecutive 2rder "os. -, ., -= and -=-
A, issued in -EDB (se*uestration cases),
or
(e) other o##enses or #elonies whether
simple or comple'ed with other crimes5
(.) the o##ender committin$ the o##enses in
items (a), (b), (c) and (e) is a public o##icial or
emplo%ee holdin$ an% o# the positions
enumerated in para$raph A o# ection =5 and
(/) the o##ense committed is in relation to the
o##ice.
Thus, #or the andi$anba%an to have
e'clusive (urisdiction, it is essential that the
#acts showin$ the intimate relation between
the o##ice o# the o##ender, a ma%or who holds
a salar% $rade level .9, and the dischar$e o#
o##icial duties be alle$ed in the in#ormation.
The (urisdiction o# a court is determined b%
the alle$ations in the complaint or
in#ormation, and not b% the evidence
presented b% the parties at the trial. It does
not thus su##ice to merel% alle$e in the
in#ormation that the crime char$ed was
committed b% the o##ender in relation to his
o##ice or that he too4 advanta$e o# his
position as these are conclusions o# law.

The
speci#ic #actual alle$ations in the in#ormation
that would indicate the close intimac%
between the dischar$e o# the o##enderHs
o##icial duties and the commission o# the
o##ense char$ed, in order to *uali#% the crime
as havin$ been committed in relation to public
o##ice are controllin$. ()da5a v.
Sandiganba%an, <( $64++7, 0,.2+.2006)
2. Aor purposes o# ac*uisition o#
(urisdiction b% the andi$anba%an, the
re*uirement imposed b% ?epublic Act "o.
D.=E that the o##ense be 7committed in
relation8 to the o##enderHs o##ice is entirel%
distinct #rom the concept o# 7ta4in$ advanta$e
o# oneHs position8 as provided under Articles
9-
SCHOOL OF LAW

-9- (Falsification b% public officer, emplo%ee
or notar% or ecclesiastic minister) and -9.
(Falsification b% private individuals and use of
falsified documents) o# the ?evised :enal
Code. The o##ender under Article -9. must be
a private individual or ma%be a public o##icer,
emplo%ee or notar% public who does not 7ta4e
advanta$e o# his o##icial position.8
.
+nder
Article -9-, an essential element o# the crime
is that the act o# #alsi#ication must be
committed b% a public o##icer, emplo%ee or
notar% who 7ta4es advanta$e o# his o##icial
position.8 The o##ender 7ta4es advanta$e o#
his o##icial position8 in #alsi#%in$ a document
when,
(-) he has the dut% to ma4e or to prepare or
otherwise intervene in the preparation o# the
document5 or
(.) he has the o##icial custod% o# the
document which he #alsi#ies. ()da5a v.
Sandiganba%an, <( $64++7, 0,.2+.2006)
3. Aor purposes o# vestin$ (urisdiction
with the andi$anba%an, the local elective
o##icial who holds a position o# &rade .9
under the 3ocal &overnment Code o# -EE-
must have committed the o##ense char$ed in
relation to the o##ice. Aor an o##ense to be
committed in relation to the o##ice, the relation
between the crime and the o##ice must be
direct and not accidental, in that in the le$al
sense, the o##ense can not e'ist without the
o##ice. As an e'ception to this rule, the Court
held that althou$h public o##ice is not an
element o# an o##ense char$ed, as lon$ as the
o##ense char$ed in the in#ormation is
intimatel% connected with the o##ice and is
alle$ed to have been perpetrated while the
accused was in the per#ormance, thou$h
improper or irre$ular, o# hisG her o##icial
#unctions, there bein$ no personal motive to
commit the crime and had the accused would
not have committed it had he not held the
a#oresaid o##ice, the accused is held to have
been indicted #or 7an o##ense committed in
relation8 to his o##ice. @owever, even i# public
o##ice is not an essential element o# the
o##ense o# obstruction o# (ustice under ection
-(b) o# :.D. -D.E but could have been
committed had said ma%or not held the o##ice
o# the ma%or, said o##icial is sub(ect to the
(urisdiction o# the andi$anba%an. The ma%or
in the course o# hisG her dut% as )a%or, who
is tas4ed to e'ercise $eneral and operational
control and supervision over the local police
#orces, used hisG her in#luence, authorit% and
o##ice to call and command members o# the
municipal police. ((odrigue5 v.
Sandiganba%an, <( $4$,$0, 0/.0/.2004)
4. The andi$anba%an has ori$inal
(urisdiction over a member o# the
an$$unian$ :anlun$sod, who was char$ed
with violation o# ection /(e) o# the Anti-&ra#t
and Corrupt :ractices Act. ;iolation o#
?epublic Act "o. /C-E committed b% o##icials
in the e'ecutive branch with alar% &rade .9
or hi$her, and the o##icials speci#icall%
enumerated in (a) to ($) o# ection = a.(-) o#
:.D. "o. -BCB, as amended b% ection . o#
?ep. Act "o. 9E9<, re$ardless o# their salar%
$rades, such as provincial and cit% elective
o##icials, li4ewise #all within the ori$inal
(urisdiction o# the andi$anba%an. (2nding v.
Sandiganba%an, <( $4/04,, 0,.$4.2004)
2I. 7,,ect o, 3eAelection
The re-election o# a local o##icial bars the
continuation o# the administrative case a$ainst him,
inasmuch as the re-election o# the o##icial is
tantamount to condonation b% the people o#
whatever past misdeeds he ma% have committed.
()alinao v. ?e%es, .<< C?A B-B)
In ;ingating v. Comelec, 2002, the respondent
)a%or, havin$ been #ound $uilt% o# the
administrative char$es and ordered removed #rom
o##ice, had seasonabl% #iled a motion #or
reconsideration with the an$$unian :anlalawi$an,
and no action on his motion was ta4en, then the
decision o# the an$$unian :anlalawi$an never
became #inal. A#ter the respondent was re-elected,
he ma% no lon$er be removed #rom o##ice #or the
administrative o##ense.
/. A##ointive Loc%l O,,ici%ls
1. 3es#onsi-ilit* ,or ($m%n reso$rces %n"
"evelo#ment
The local chie# e'ecutive shall be responsible #or
human resources and development in his unit and
shall ta4e all personnel actions in accordance with
the Constitution, pertinent laws, includin$ such
policies, $uidelines and standards as the Civil
ervice Commission ma% establish5 :rovided that
the local chie# e'ecutive ma% emplo% emer$enc% or
casual emplo%ees or laborer paid on a dail% wa$e
or piecewor4 basis and hired throu$h (ob orders #or
local pro(ects authori>ed b% the san$$unian
concerned, without need o# approval or attestation
b% the Civil ervice Commission, as lon$ as the
said emplo%ment shall not e'ceed B months.
a) In De (ama v. C), 200$, it was held that the
constitutional prohibition on so-called midni$ht
appointments speci#icall% those made within
two months immediatel% prior to the ne't
presidential elections, applies onl% to the
:resident or to Actin$ :resident. There is no
law that prohibits local elective o##icials #rom
ma4in$ appointments durin$ the last da%s o#
their tenure absent #raud on their part, when
such appointments are not tainted b%
irre$ularities or anomalies which breach laws
and re$ulations $overnin$ appointments.
') The :rovincial &overnor is without authorit% to
desi$nate the petitioner as Assistant :rovincial
Treasurers #rom a list o# recommendees o# the
9.
SCHOOL OF LAW

:rovincial &overnor. (Dimaandal v. C2A, .E-
C?A /..)
2. O,,ici%ls common to %ll M$nici#%lities5 Cities
%n" Provinces (?A 9-BC, ection =BE-=EC)
-. ecretar% to the an$$unian
.. Treasurer
/. Assessor
=. Accountant
<. Bud$et 2##icer
B. :lannin$ and Development Coordinator
9. !n$ineer
D. @ealth 2##icer
E. Civil ?e$istrar
-C. Administrator
--. 3e$al 2##icer
-.. A$riculturist
-/. ocial 0el#are and Development 2##icer
-=. !nvironment and "atural ?esources 2##icer
-<. Architect
-B. In#ormation 2##icer
-9. Cooperatives 2##icer
-D. :opulation 2##icer
-E. ;eterinarian
.C. &eneral ervices 2##icer
K"ote, In the baran$a%, the mandated appointed
o##icials are the Baran$a% ecretar% and the
Baran$a% Treasurer, althou$h other o##icials o# the
baran$a% ma% be appointed b% the punon$
baran$a%.L
3. A"ministr%tive /isci#line
Investi$ation and ad(udication o# administrative
complaints a$ainst appointive local o##icials and
emplo%ees as well as their suspension and
removal shall be in accordance with the civil
service law and rules and other pertinent laws.
a) :reventive uspension. The local
chie# e'ecutive ma% preventivel% suspend #or a
period not e'ceedin$ BC da%s an% subordinate
o##icial or emplo%ee under his authorit%
pendin$ investi$ation i# the char$e a$ainst
such o##icial or emplo%ee involves dishonest%,
oppression or $rave misconduct or ne$lect in
the per#ormance o# dut%, or i# there is reason to
believe that the respondent is $uilt% o# the
char$es which would warrant his removal #rom
the service.
') Disciplinar% Iurisdiction. !'cept as
otherwise provided b% law, the local chie#
e'ecutive ma% impose the penalt% o# removal
#rom service, demotion in ran4, suspension #or
not more than - %ear without pa%, #ine in an
amount not e'ceedin$ B monthsH salar%, or
reprimand. I# the penalt% imposed is
suspension without pa% #or not more than /C
da%s, his decision shall be #inal5 i# the penalt%
imposed is heavier, the decision shall be
appealable to the CC which shall decide the
appeal within /C da%s #rom receipt thereo#.
@owever, it is not the Cit% )a%or, but the Cit%
Treasurer who e'ercises disciplinar% authorit%
over a Cit% ?evenue 2##icer. As head o# the
2##ice o# the Treasurer, and ?evenue 2##icer
bein$ an o##icer under him, the #ormer ma%
validl% investi$ate the said ?evenue 2##icer and
place him under preventive suspension.
(&arcia v. :a(aro, .CC.)
HII. A$tonomo$s 3e)ions
NOT7' As o# this writin$, onl% one autonomous
re$ion, that o# )uslim )indanao, has been
established. (The 2r$anic Act #or the autonomous
re$ion o# the Cordilleras #ailed to obtain the
necessar% number o# votes because onl% one
province approved the 2r$anic Act. An autonomous
re$ion must have at least two provinces. It is
however, still possible #or an 2r$anic Act #or the
Cordilleras to be approved at some #uture date.)
Article X Section 15. There shall be created autonomous
re$ions in )uslim )indanao and in the Cordilleras consistin$
o# provinces, cities, municipalities, and $eo$raphical areas
sharin$ common and distinctive historical and cultural herita$e,
economic and social structures, and other relevant
characteristics within the #ramewor4 o# this Constitution and
the national soverei$nt% as well as territorial inte$rit% o# the
?epublic o# the :hilippines.
A. 3e%sons +e(in" t(e Cre%tion o, A$tonomo$s
3e)ions
-. The creation o# a situation which will allow
each culture to #lourish unhampered b% the
dominance o# other cultures and thereb% to
contribute more e##ectivel% to national
pro$ress.
2. To #urnish possible solution to the re$ional
con#licts that have arisen partl% #rom cultural
diversit%.
-=<
&' Is an autonomous re$ion an independent nation
within the nation1
A' "o, an autonomous re$ion is or$ani>ed 7within
the #ramewor4 o# this Constitution and the national
soverei$nt%.8
-=B
14$
146
9/
SCHOOL OF LAW

+. Presi"entMs ?ener%l S$#ervision
Section 16. The :resident shall e'ercise $eneral supervision
over autonomous re$ions to ensure that laws are #aith#ull%
e'ecuted.
C. Po;ers Not ?iven to A$tonomo$s 3e)ions
Section 1. All powers, #unctions, and responsibilities not
$ranted b% this Constitution or b% law to the autonomous
re$ions shall be vested in the "ational &overnment.
Some o, t(e #o;ers ;(ic( %re NOT )iven to
%$tonomo$s re)ions'
-. Iurisdiction over national de#ense and
securit%5
.. Aorei$n relations and #orei$n trade5
/. Customs and tari##, *uarantine
=. Currenc%, monetar% a##airs, #orei$n
e'chan$e, ban4in$ and *uasi-ban4in$,
e'ternal borrowin$5
<. :osts and communications5
B. Air and sea transport
9. Immi$ration and deportation5
D. Citi>enship and naturali>ation5
E. &eneral auditin$.
/. 7n%ctment o, Or)%nic ActsJ Cre%tion o,
A$tonomo$s 3e)ion
Section 1!. The Con$ress shall enact an or$anic act #or each
autonomous re$ion with the assistance and participation o# the
re$ional consultative commission composed o# representatives
appointed b% the :resident #rom a list o# nominees #rom multi-
sectoral bodies. The or$anic act shall de#ine the basic
structure o# $overnment #or the re$ion consistin$ o# the
e'ecutive department and le$islative assembl%, both o# which
shall be elective and representative o# the constituent political
units. The or$anic acts shall li4ewise provide #or special courts
with personal, #amil%, and propert% law (urisdiction consistent
with the provisions o# this Constitution and national laws.
The creation o# the autonomous re$ion shall be e##ective when
approved b% ma(orit% o# the votes cast b% the constituent units
in a plebiscite called #or the purpose, provided that onl%
provinces, cities, and $eo$raphic areas votin$ #avorabl% in
such plebiscite shall be included in the autonomous re$ion.
Section 16. The #irst Con$ress elected under this Constitution
shall, within ei$hteen months #rom the time o# or$ani>ation o#
both @ouses, pass the or$anic acts #or the autonomous
re$ions in )uslim )indanao and the Cordilleras.
1. 7n%ctment o, Or)%nic Acts
As preliminar% step towards the establishment o#
the autonomous re$ions, Con$ress is commanded
to #ormulate an 2r$anic Act #or each o# the two.
The Constitution commands the Con$ress to enact
an 2r$anic Act which will be the #undamental law
o# the re$ions.
&' 0hat law will be the charter o# the autonomous
re$ions1
A' Their charter will be the Ogani! A!t which will
be passed b% Con$ress in the manner and
accordin$ to the substantive speci#ications contained
in ection -D.
&' I# the #irst Con$ress #ails to pass the 2r$anic Act
within -D months, will it no lon$er be able to pass
such Act later1
A' Jes. The #ailure o# Con$ress to act cannot be
allowed to #rustrate the clear intent o# the electorate.
The relativel% short period is prescribed in order to
emphasi>e the ur$enc% o# creatin$ autonomous
re$ions.
&' The le$alit% o# ?A B9/=, the 2r$anic Act o#
)indanao, is challen$ed and the plebiscite called in
-/ provinces o# )indanao #or the rati#ication o# the
2r$anic Act is challen$ed #or bein$ ille$al in that
aspects o# the 2r$anic Act violate the Tripoli
A$reement which is a valid international a$reement.
Decide.
A' !ven i# the Tripoli A$reement were an
international a$reement, the #act would not a##ect the
validit% o# the 2r$anic Act. International a$reements
as internal law are on the same le$al level as
statutes and whichever as between the two,
international a$reement or statute, comes later
supersedes the other. (Abbas v. Comelec, -EDE)
9=
SCHOOL OF LAW

N%t$re o, Or)%nic Act. The 2r$anic Act itsel# in
le$al cate$or% is a statute. @owever, it is more than
an ordinar% statute because it en(o%s a##irmation b%
a plebiscite. @ence, its provision cannot be
amended b% ordinar% statute. (:andi v. CA, .CC.)
2. Cre%tion o, A$tonomo$s 3e)ion
The enactment o# the 2r$anic Act does not %et
create the autonomous re$ion. The creation o# the
autonomous re$ions ta4es place onl% ;(en t(e
Ogani! A!t is atified 7b% a ma(orit% o# the votes
cast b% the constituent units in a plebiscite called
#or the purpose.8
&'Aor the e##ective creation o# the automous re$ion
is it re*uired that the total votes cast in all the units
where the plebiscite is called must %ield a ma(orit% o#
a##irmative votes1
A' "o. It is enou$h #or the creation o# the
autonomous re$ion that some 7provinces, cities, and
$eo$raphic areas8 vote #avorabl%. In other words, as
an e'amination o# the constitutional te't shows, #or
e##ective rati#ication it is not necessar% to achieve a
7double ma(orit%.8 (Abbas v. Comelec, -EDE)
8(%t %re%s -ecome #%rt o, t(e A$tonomo$s
3e)ion= 2nl% those areas which vote in #avor o#
the 2r$anic Act. And since the Constitution spea4s
o# 7provinces,8 an autonomous re$ion has to
consist o# more than one province.
&' 0hat happens to the political subdivisions which
do not vote #avorabl%1
A' The% remain in the administrative re$ion to which
the% belon$. (Abbas v. Comelec, -EDE)
&' Can constituent units which vote ne$ativel% in the
#irst plebiscite under this Constitution (oin the
autonomous re$ion at some #uture time1
A' It is submitted that the% ma% throu$h a
subse*uent plebiscite.
-=9
147
&' )a% the :rovince o# I#u$ao, which was the onl%
province which voted #or a Cordillera Autonomous
?e$ion, constitute the Cordillera Autonomous
?e$ion1
A' "o, the Constitution sa%s that an autonomous
re$ion shall consists o# provinces, cities and
municipalities, and there#ore, not (ust on province.
(2rdillo v. Comelec, -EEC)
&' Can a tribal court o# the Cordillera Bodon$
Administration render a valid e'ecutor decision in a
land dispute1
A' "o. In the Ianuar% /C, -EEC plebiscite, the
creation o# the Cordillera Autonomous ?e$ion was
re(ected b% all the provinces and cit% o# Cordillera
re$ion e'cept I#u$ao province, hence the Cordillera
Autonomous ?e$ion did not come to be. @ence, no
autonomous re$ion was created. As a lo$ical
conse*uence o# that, the Cordillera Bodon$
Administration created under !2 ..C as well as the
indi$enous and special courts #or the indi$enous
cultural communities o# the Cordillera re$ion do not
e'ist. 7uch tribal courts are not a part o# the
:hilippine Iudicial s%stem. The% do not posses
(udicial power. 3i4e the pangBats or conciliation
panels created b% :D -<CD in the baran$a%s, the%
are advisor% and conciliator% bodies whose principal
ob(ective is to brin$ to$ether parties to a dispute and
persuade them to ma4e peace, settle, and
compromise8 (pouses Badua v. Cordillera Bodon$
Administration, -EE-)
/. 7n$mer%te" Po;ers o, A$tonomo$s 3e)ion
Section 2I. 0ithin its territorial (urisdiction and sub(ect to the
provisions o# this Constitution and national laws, the or$anic
act o# autonomous re$ions shall provide #or le$islative powers
over,
(-) Administrative or$ani>ation5
(.) Creation o# sources o# revenues5
(/) Ancestral domain and natural resources5
(=) :ersonal, #amil%, and propert% relations5
(<) ?e$ional urban and rural plannin$ development5
(B) !conomic, social, and tourism development5
(9) !ducational policies5
(D) :reservation and development o# the cultural herita$e5 and
(E) uch other matters as ma% be authori>ed b% law #or the
promotion o# the $eneral wel#are o# the people o# the re$ion.
&' 3e$islation passed b% the autonomous re$ions can
come into con#lict with the Constitution. @ow are such
con#licts to be resolved1
9<
SCHOOL OF LAW

A' The Constitution should alwa%s prevail. (Aor instance,
the #ull $amut o# reli$ious #reedom must be reco$ni>ed
even in an area where a principal basis #or the autonom%
is reli$ious homo$eneit%.)
&' 3e$islation passed b% the autonomous re$ions can
come into con#lict with national laws. @ow are such
con#licts to be resolved1
A' There is no eas% answer as to which would prevail.
The matter necessitates the serious wei$hin$ o# the
values. It ma% even involve ad(ustment o# national laws in
order to accommodate the constitutional desire #or local
autonom% in its various aspects. (And indeed con#lict will
almost naturall% have to be e'pected because national
laws are $enerall% a re#lection o# the nationall%
predominant culture. But, althou$h ection .C sa%s that
local le$islative power should be sub(ect to national laws,
national laws themselves are sub(ect to the Constitution
one o# those state policies is to ensure the autonom% o#
local $overnments.)
Con#licts can also arise in the application o# local laws.
This can be particularl% crucial in the case o# personal
and propert% laws #or those belon$in$ to autonomous
re$ions but actin$ outside the autonomous territor% and
also #or those who do not belon$ to autonomous re$ions
but are actin$ within autonomous territor%. Thus, con#lict
o# law principles could develop could develop within our
one national municipal law.
&' Is the enumeration in ection .C e'haustive o# what
the 2r$anic Act ma% $ive to the autonomous re$ions1
A' "o. ee ection -9. The enumeration in ection .C is
intended as a political si$nal that indeed the Constitution
ta4es the matter o# re$ional autonom% seriousl%.
7. Pe%ce %n" Or"er5 /e,ense %n" N%tion%l Sec$rit*
Section 21. The preservation o# peace and order within the
re$ions shall be the responsibilit% o# the local police a$encies
which shall be or$ani>ed, maintained, supervised, and utili>ed
in accordance with applicable laws. The de#ense and securit%
o# the re$ions shall be the responsibilit% o# the "ational
&overnment.
ection .- ma4es a distinction between the
problem o# internal peace and order and the
problem o# national de#ense and securit%. The
#ormer, understood as the problem o# ordinar%
criminalit% which should normall% be the concern o#
police authorities, is the responsibilit% o# the local
police a$encies.
@owever, the or$ani>ation, maintenance, and
supervision o# police a$encies ma% in certain
circumstances be be%ond the capabilities o# local
$overnments. In such instances, the :resident, as
Commander-in-Chie# ma% order the armed #orces
into the autonomous re$ion to per#orm whatever
ma% be necessar%.
As to national de#ense and securit%, that is, as to
dealin$ with threats to the stabilit%, inte$rit%, and
survival o# the nation, this clearl% is the primar%
responsibilit% o# the national $overnment.
HIII. InterA?overnment%l 3el%tions
14!
A. N%tion%l ?overnment
1. Po;er o, ?ener%l S$#ervision
The :resident shall e'ercise $eneral supervision
over local $overnment units to ensure that their
acts are within the scope o# their prescribed powers
and #unctions. The :resident shall e'ercise
supervisor% authorit% directl% over provinces, hi$hl%
urbani>ed cities and independent component cities5
throu$h the province with respect to component
cities and municipalities5 and throu$h the cit% and
municipalit% with respect to the baran$a%s.
"ational a$encies and o##ices with pro(ect
implementation #unctions shall coordinate with one
another and with the local $overnment units
concerned in the dischar$e o# these #unctions.
The% shall ensure the participation o# local
$overnment units both in the plannin$ and the
implementation o# said national pro(ects.
"o pro(ect or pro$ram shall be implemented b%
$overnment authorities unless the consultations
mentioned in ections .(c) and .B are complied
with, and prior approval o# the san$$unian
concerned is obtained5 :rovided, that occupants in
areas where such pro(ects are to be implemented
shall not be evicted unless appropriate relocation
sites have been provided.
+. P(ili##ine N%tion%l Police
The e'tent o# operational supervision and control o#
local chie# e'ecutives over the police #orce, #ire
protection unit and (ail mana$ement personnel
assi$ned in their respective (urisdictions shall be
$overned b% the provisions o# ?A BE9<, otherwise
4nown as the 7DI3& Act o# -EEC.8
C. InterA)overnment%l 3el%tions
-. The province, throu$h the $overnor, shall
ensure that ever% component cit% and
municipalit% within its territorial (urisdiction acts
within the scope o# its prescribed powers and
#unctions. @i$hl% urbani>ed cities and
independent component cities shall be
independent o# the province.
!'cept as otherwise provided under the
Constitution and special statutes, the $overnor
shall review all e'ecutive orders promul$ated
b% the component cit% or municipal ma%or
within his (urisdiction. The cit% or municipal
ma%or shall review all e'ecutive orders
promul$ated b% the punon$ baran$a% within his
14"
0ntonio 3achura, -utline on Political a!, 603 (2006)
9B
SCHOOL OF LAW

(urisdiction. I# the $overnor or the cit% or
municipal ma%or #ails to act on said e'ecutive
orders within /C da%s #rom submission, the
same shall be deemed consistent with law and
there#ore valid.
.. In the absence o# the le$al o##icer, the
municipal $overnment ma% secure the opinion
o# the provincial le$al o##icer, and in the
absence o# the latter, that o# the provincial
prosecutor on an% le$al *uestion a##ectin$ the
municipalit%.
/. The cit% or municipalit%, throu$h the cit% or
municipal ma%or, shall e'ercise $eneral
supervision over component baran$a%s to
ensure that said baran$a%s acts within the
scope o# their prescribed powers and
#unctions.
=. 3ocal $overnment units ma%, throu$h
appropriate ordinances, $roup themselves,
consolidate or coordinate their e##orts, services
and resources #or purposes commonl%
bene#icial to them. In support o# such
underta4in$s, the local $overnment units ma%,
upon approval b% the san$$unian a#ter a
public hearin$ conducted #or the purpose,
contribute #unds, real estate, e*uipment, and
other 4inds o# propert% and appoint or assi$n
personnel under such terms and conditions as
ma% be a$reed upon b% th participatin$ local
units.
/. Peo#leMs %n" NonA?overnment%l Or)%niG%tions
-. 3ocal $overnment units shall promote the
establishment and operation or peopleHs and
non-$overnmental or$ani>ations to become
active partners in the pursuit o# local
autonom%.
.. 3ocal $overnment units ma% enter into (oint
ventures and such other cooperative
arran$ements with peopleHs and non-
$overnmental or$ani>ations to en$a$e in the
deliver% o certain basic services, etc.
/. A local $overnment unit ma%, throu$h its local
chie# e'ecutive and with the concurrence o#
the san$$unian concerned, provide
assistance, #inancial or otherwise, to such
peopleHs and non-$overnmental or$ani>ations
#or economic, sociall%-oriented, environmental
or cultural pro(ects to be implemented within its
territorial (urisdiction.
7. M%n"%te" Loc%l A)encies
-. The 3ocal chool Board (ections ED--C-)
The C held that the pecial !ducation Aund
(!A) ma% be used #or the pa%ment o# salaries
and personnel-related bene#its o# the teachers
appointed b% the province in connection with the
establishment and maintenance o# e'tension
classes and operation and maintenance o# public
schools. @owever, the #und ma% not be used to
de#ra% e'penses #or colle$e scholarship $rants.
The $rant o# $overnment scholarship to poor but
deservin$ students was omitted in ections
-CC(c) and .9. o# the 3ocal &overnment. (C2A o#
Cebu v. :rovince o# Cebu, .CC-)
.. The 3ocal @ealth Board (ection -C.--C<)
/. The 3ocal Development Council (ections
-CB---<)
=. The 3ocal :eace and 2rder Council (ection
--B)
4. Settlement o, +o$n"%r* /is#$tes
-. Boundar% disputes between and amon$ local
$overnment units shall, as much as possible,
be settled amicabl%.
The rules on settlement o# disputes are,
a) Involvin$ two or more baran$a%s in
the same cit% or municipalit%, re#erred to
the san$$unian$ panlun$sod or
sa$$unian$ ba%an.
b) Involvin$ two or more municipalities
in the same province, re#erred to the
san$$unian panlalawi$an.
The C declared that the ?TC was correct
when it ordered a relocation surve% to
determine to which municipalit% the baran$a%
belon$ed. The a$reement between the
municipalities o# Iimene> and inacaban
which was approved b% the an$$unian
:anlalawi$an is invalid as it would e##ectivel%
amend !2 .<D (creatin$ the municipalit% o#
inacaban). The power o# the an$$unian$
:anlalawi$an to settle boundar% disputes is
limited to implementin$ the law creatin$ the
municipalit%5 and an% alteration o#
boundaries not in accordance with the law
would e'ceed this authorit%.
c) Involvin$ municipalities or component
cities in di##erent provinces, (ointl% re#erred
to the san$$unians o# the provinces
concerned.
d) Involvin$ a component cit% or
municipalit% on one hand and a hi$hl%
urbani>ed cit% on the other, or two or more
hi$hl% urbani>ed cities, (ointl% re#erred to
the respective san$$unians o# the parties.
2. In the event the san$$unian #ails to e##ect a
settlement within BC da%s #rom the date the
dispute was re#erred to it, it shall issue a
certi#ication to this e##ect. The dispute shall
then be #ormall% tried b% the san$$unian
concerned which shall decide the issue within
BC da%s #rom the date o# certi#ication.
/. 0ithin the time and manner prescribed b% the
?ules o# Court, an% part% ma% elevate the
decision o# the san$$unian concerned to the
proper ?TC havin$ (urisdiction over the area in
dispute which shall decide the appeal within -
%ear #orm the #ilin$ thereo#.
Inasmuch as ection --D o# the 3ocal
&overnment Code does not provide #or the o##ice
or the a$enc% vested with the (urisdiction over the
settlement o# boundar% disputes between a
municipalit% and an independent component cit%
in the same province, under B: -.E, as amended
99
SCHOOL OF LAW

b% ?A 9BE-, it should be the ?TC in the province
that can ad(udicate the controvers%. A#ter all, ?TC
has $eneral (urisdiction to ad(udicate all
controversies, e'cept onl% those withheld #rom its
plenar% powers. ()unicipalit% o# Nanan$a v.
)adrona, .CC/)
4. The importance o# drawin$ with precise
stro4es the territorial boundaries o# a local unit
o# $overnment cannot be overemphasi>ed.
The boundaries must be clear #or the% de#ine
the limits o# the territorial (urisdiction o# the
local $overnment unit. It can le$itimatel%
e'ercise powers o# $overnment onl% within the
limits o# its territorial (urisdiction. Be%ond these
limits, its acts are ultra vires. "eedless to
state, an% uncertaint% in the boundaries o#
local $overnment units will sow costl% con#licts
in the e'ercise o# $overnment power which
ultimatel% will pre(udice the peopleHs wel#are.
()ariano v. Comelec)
+A3 &U7STION D2II5E' Boundar% Dispute
?esolution5 3&+5 ?TCHs Iurisdiction R
&'There was a boundar% dispute between Duenas,
a municipalit%, and :assi, an independent
component cit%, both o# the same province. tate
how the two local $overnment units should settle
their boundar% dispute. (<S)
S$))este" Ans;er, Boundar% disputes between
local $overnment units should, as much as
possible, be settled amicabl%. A#ter e##orts at
settlement #ail, then the dispute ma% be brou$ht to
the appropriate ?e$ional Trial Court in the said
province. ince the 3ocal &overnment Code is
silent as to what bod% has e'clusive (urisdiction
over the settlement o# boundar% disputes between
a municipalit% and an independent component cit%
o# the same province, the ?e$ional Trial Courts
have $eneral (urisdiction to ad(udicate the said
controvers%. ()un. o# Nanan$a v. )adrona, &.?.
"o. -=-/9<, April /C, .CC/)
IX. Loc%l Initi%tive %n" 3e,eren"$m
A. Loc%l Initi%tive
1. /e,inition o, Loc%l Initi%tive
It is the le$al process whereb% the re$istered
voters o# a local $overnment unit ma% directl%
propose, enact or amend an% ordinance. It ma% be
e'ercised b% all re$istered votes or the provinces,
cities, municipalities and baran$a%s.
2. Proce"$re
a) "ot less than .,CCC re$istered voters
in the re$ion, -,CCC re$istered voters in case
o# provinces and cities5 -CC voters in case o#
municipalities, and <C in case o# baran$a%s,
ma% #ile a petition with the san$$unian
concerned proposin$ the adoption, enactment,
repeal or amendment o# an ordinance. E?A
B9/<, ection -/)
b) I# no #avorable action is ta4en b% the
san$$unian concerned within /C da%s #orm
presentation, the proponents, throu$h their
dut% authori>ed and re$istered
representatives, ma% invo4e their power o#
initiative, $ivin$ notice thereo# to the
san$$unian concerned.
c) The prposition shall be numbered
seriall%, startin$ #rom numeral I. Two or more
propositions ma% be submitted in an initiative.
The Comelec or its desi$nated representative
shall e'tend assistance in the #ormulation o#
the proposition.
d) :roponents shall have EC da%s Kin
case o# provinces and citiesL, BC da%s Kin case
o# municipalitiesL, and /C da%s Kin case o#
baran$a%sL #rom notice mentioned in (b) to
collect the re*uired number o# si$natures.
e) The petition shall be si$ned be#ore
the election re$istrar or his desi$nated
representative, and in the presence o# a
representative o# the proponent and a
representative o# the san$$unian concerned in
a public placein the local $overnment unit.
#) +pon the lapse o# the period, the
Comelec shall certi#% as to whether or not the
re*uired number o# si$natures has been
obtained. Aailure to obtain the re*uired
number o# si$natures de#eats the proposition.
$) I# the re*uired number is obtained,
the Comelec shall set a date #or the initiative
durin$ which the proposition is submitted to
the re$istered voters in the local $overnment
unit #or their approval within BC da%s Kin case
o# provincesL, =< da%s Kin case o#
municipalitiesL, and /C da%s Kin case o#
baran$a%sL #rom the date o# certi#ication b% the
Comelec. The initiative shall be held on the
date set, a#ter which the results thereo# shall
be certi#ied and proclaimed b% the Comelec.
h) I# the proposition is approved b% a
ma(orit% o# the votes cast, it shall ta4e e##ect -<
da%s a#ter certi#ication b% the Comelec as i#
a##irmative action had been ta4en thereon b%
the san$$uninan and local chie# e'ecutive
concerned.
3. Limit%tions
On Loc%l Initi%tive'
i. The power o# local initiative shall not
be e'ercised more than once a %ear.
ii. Initiative shall e'tend onl% to sub(ects
or matters which are within the le$al
powers o# the san$$unian to enact.
iii. I# at an% time be#ore the initiative is
held, the san$$unian concerned adopts in
toto the proposition presented and the
local chie# e'ecutive approves the same,
the initiative shall be cancelled. @owever,
9D
SCHOOL OF LAW

those a$ainst such action ma%, i# the% so
desire, appl% #or initiative in the manner
herein provided.
On t(e S%n))$ni%n
An% proposition or ordinance approved throu$h
an initiative and re#erendum shall not be
repealed, modi#ied or amended b% the
san$$unian within B months #rom the date o#
approval thereo#, and ma% be amended,
modi#ied or repealed within / %ears therea#ter b%
a vote o# X o# all its members. In case o#
baran$a%s, the period shall be -D months a#ter
the approval thereo#.
+. Loc%l 3e,eren"$m
1. /e,inition o, Loc%l 3e,eren"$m. The le$al
process whereb% the re$istered voters o# the
local $overnment units ma% approve, amend
or re(ect an% ordinance enacted b% the
san$$unian.
.. The local re#erendum shall be held under the
control and direction o# the Comelec within BC
da%s Kin case o# provincesL, =< da%s Kin case o#
municipalitiesL and /C da%s Kin case o#
baran$a%sL. The Comelec shall certi#% and
proclaim the results o# the said re#erendum.
C. A$t(orit* o, Co$rts
"othin$ in the #ore$oin$ shall preclude the proper
courts #rom declarin$ null and void an% proposition
approved pursuant hereto #or violation o# the
Constitution or want o# capacit% o# the san$$unian
concerned to enact said measure.
((ead Case Digests in @ages 462'602 of :acBEs
Compendium (2007))
9E
SCHOOL OF LAW

Article XI
ACCOUNTA+ILITL O4 PU+LIC
O44IC73S
I. STATEMENT O/ POLIC; (ection -)
II. IMPEAC@MENT (ections . M /)
III. SANDI&AN,A;AN (ection =)
IV. OM,UDSMAN (ection <,B,D--=)
V. SPECIAL PROSECUTOR (ection 9)
VI. ILL5&OTTEN <EALT@ (ection -<)
VII. RESTRICTION ON LOANS(ection -B)
VIII.TRANSPARENC; RULE (ection -9)
I=. ALLE&IANCE TO T@E STATE AND T@E
CONSTITUTION (ection -D)
I. St%tement o, Polic*
Section 1. :ublic o##ice is a public trust. :ublic o##icers and
emplo%ees must, at all times, be accountable to the people,
serve them with utmost responsibilit%, inte$rit%, lo%alt%, and
e##icienc%5 act with patriotism and (ustice, and lead modest
lives.
A. P$-lic O,,ice
1. /e,inition
The ri$ht, authorit% or dut%, created and con#erred
b% law, b% which #or a $iven period, either #i'ed b%
law or endurin$ at the pleasure o# the creatin$
power, an individual is invested with some
soverei$n power o# $overnment to be e'ercised b%
him #or the bene#it o# the public. (Aernande> v. to.
Tomas, -EE<)
2. 7lements
-. Created b% law or b% authorit% o# law5
.. :ossess a dele$ation o# a portion o# the
soverei$n powers o# $overnment, to be
e'ercised #or the bene#it o# the public5
/. :owers con#erred and duties imposed
must be de#ined, directl% or impliedl%, b%
the le$islature or b% le$islative authorit%5
=. Duties must be per#ormed independentl%
and without the control o# a superior
power other than the law, unless the% be
those o# an in#erior or subordinate o##ice
created or authori>ed b% the le$islature,
and b% it placed under the $eneral control
o# a superior o##ice or bod%5 and
$. )ust have permanence o# continuit%.
-=E
3. Cre%tion
:ublic o##icers are created,
a. B% the Constitution
14#
b. B% valid statutor% enactments (e.$. 2##ice
o# the Insurance Commissioner)
c. B% authorit% o# law
-<C
+. P$-lic O,,icer
A person who holds a public o##ice.
-<-
C. P$-lic O,,ice %s P$-lic Tr$st
39 0hat is meant b% 7public o##ice is a public trust81
A9 The basic idea o# $overnment in the :hilippines is that
o# a representative $overnment the o##icers bein$ mere
a$ents and not rulers o# the peopleO where ever% o##icer
accepts o##ice pursuant to the provisions o# law and holds
the o##ice as a trust #or the people whom he represents.
(Iustice )alcom in Corne(o v. &abriel, =- :hil -DD,
-E.C)
-<.
&' 0hat does the command to lead modest lives entail1
A' !ven i# the public o##icer is independentl% wealth%, he
should not live in a manner that #launts wealth.
-</
II. Im#e%c(ment
Section 2. The :resident, the ;ice-:resident, the )embers o#
the upreme Court, the )embers o# the Constitutional
Commissions, and the 2mbudsman ma% be removed #rom
o##ice on impeachment #or, and conviction o#, culpable violation
o# the Constitution, treason, briber%, $ra#t and corruption, other
hi$h crimes, or betra%al o# public trust. All other public o##icers
and emplo%ees ma% be removed #rom o##ice as provided b%
law, but not b% impeachment.
Section 3. (-) The @ouse o# ?epresentatives shall have the
e'clusive power to initiate all cases o# impeachment.
(.) A veri#ied complaint #or impeachment ma% be #iled b% an%
)ember o# the @ouse o# ?epresentatives or b% an% citi>en
upon a resolution or endorsement b% an% )ember thereo#,
which shall be included in the 2rder o# Business within ten
session da%s, and re#erred to the proper Committee within
three session da%s therea#ter. The Committee, a#ter hearin$,
and b% a ma(orit% vote o# all its )embers, shall submit its
report to the @ouse within si't% session da%s #rom such
re#erral, to$ether with the correspondin$ resolution. The
resolution shall be calendared #or consideration b% the @ouse
within ten session da%s #rom receipt thereo#.
(/) A vote o# at least one-third o# all the )embers o# the @ouse
shall be necessar% either to a##irm a #avorable resolution with
the Articles o# Impeachment o# the Committee, or override its
contrar% resolution. The vote o# each )ember shall be
recorded.
(=) In case the veri#ied complaint or resolution o# impeachment
is #iled b% at least one-third o# all the )embers o# the @ouse,
1$0
1$1
1$2
1$3
DC
SCHOOL OF LAW

the same shall constitute the Articles o# Impeachment, and trial
b% the enate shall #orthwith proceed.
(<) "o impeachment proceedin$s shall be initiated a$ainst the
same o##icial more than once within a period o# one %ear.
(B) The enate shall have the sole power to tr% and decide all
cases o# impeachment. 0hen sittin$ #or that purpose, the
enators shall be on oath or a##irmation. 0hen the :resident
o# the :hilippines is on trial, the Chie# Iustice o# the upreme
Court shall preside, but shall not vote. "o person shall be
convicted without the concurrence o# two-thirds o# all the
)embers o# the enate.
(9) Iud$ment in cases o# impeachment shall not e'tend #urther
than removal #rom o##ice and dis*uali#ication to hold an% o##ice
under the ?epublic o# the :hilippines, but the part% convicted
shall nevertheless be liable and sub(ect to prosecution, trial,
and punishment, accordin$ to law.
(D) The Con$ress shall promul$ate its rules on impeachment
to e##ectivel% carr% out the purpose o# this section.
A. /e,inition o, Im#e%c(ment
A national in*uest into the conduct o# public men.
-<=
To 7impeach8 simpl% means to ,orm%ll* c(%r)e
with a violation o# public trust.
NATU37, Impeachment is % #olitic%l #rocess.
Thus, the decision to impeach lies e'clusivel% on
Con$ress. (I. Carpio in &utierre> v. @?-CAI)
0ithin the limitations set #orth in the Constitution,
impeachment is inar$uabl% a #olitic%l %ct
e'ercised b% the 3e$islature, a political bod%
elected b% and directl% accountable to the people.
(I. ereno in &utierre> v. @?-CAI) Impeachment
proceedin$s are #olitic%l #rocesses that the
Constitution places within the e'clusive domain o#
the le$islature. (I. Brion in &utierre> v. @?-CAI)
+. P$r#ose o, Im#e%c(ment
The purpose o# impeachment is not to punish but
onl% to remove an o##icer who does not deserve to
hold o##ice.
-<<
C. Im#e%c(%-le O,,icers
-. :resident
.. ;ice-:resident
/. Chie# Iustice and Associate Iustice o# the
upreme Court
=. Chairmen and members o# the Constitutional
Commissions
<. 2mbudsman
1$4
0ntonio 3achura, -utline on Political a!, 34$ (2006)
1$$
Note' The list o# o##icers sub(ect to impeachment in
ection . as worded is e'clusive.
Mem-ers o, t(e S$#reme Co$rt
The upreme Court said that the pecial :rosecutor
cannot conduct an investi$ation into alle$ed misconduct
o# a upreme Court (ustice, with the end view o# #ilin$ a
criminal in#ormation a$ainst him with the andi$anba%an.
A upreme Court Iustice cannot be char$ed in a criminal
case or a disbarment proceedin$, because the ultimate
e##ect o# either is to remove him #rom o##ice, and thus
circumvent the provision on removal b% impeachment
thus violatin$ his securit% o# tenure (In ?e, Airst
Indorsement #rom @on. ?aul &on>ale>, A.). "o. DD-=-
<=//)
An impeachable o##icer who is a member o# the :hilippine
bar cannot be disbarred #irst without bein$ impeached.
(Iar*ue v. Desierto, .<C C?A --)
-<B
/. ?ro$n"s
-. Culpable ;iolation o# the Constitution
.. Treason, Briber% and &ra#t and Corruption
/. 2ther @i$h Crimes or
=. Betra%al o# :ublic Trust
Note' The enumeration is e'clusive.
C$l#%-le Hiol%tion o, t(e Constit$tion
Culpable violation o# the Constitution is wron$#ul,
intentional or will#ul disre$ard or #loutin$ o# the
#undamental law. 2bviousl%, the act must be
deliberate and motivated b% bad #aith to constitute
a $round #or impeachment. )ere mista4es in the
proper construction o# the Constitution, on which
students o# law ma% sincerel% di##er, cannot be
considered a valid $round #or impeachment.
-<9
Tre%son
Treason is committed b% an% person who, owin$
alle$iance to the &overnment o# the :hilippines,
levies war a$ainst it or adheres to its enemies,
$ivin$ them aid and com#ort. (?:C, Article --=)
+ri-er*
Briber% is committed b% an% public o##icer who shall
a$ree to per#orm an ac, whether or not constitutin$
crime, or re#rain #rom doin$ an act which he is
o##iciall% re*uired to do in connection with the
per#ormance o# his o##icial duties, in consideration
#or an% o##er, promise, $i#t or present received b%
him personall% or throu$h the mediation o# another,
or who shall accept $i#ts o##ered to him b% reason
o# his o##ice. E?:C, Arts. .-C-.--)
Ot(er <i)( Crimes
Accordin$ to the special committee o# the @ouse o#
?epresentatives that investi$ated the impeachment
char$es a$ainst :resident Fuirino, are supposed
to re#er to those o##enses 7which, li4e treason and
1$6
0ntonio 3achura, -utline on Political a!, 34$ (2006)
1$7
Cruz, Philippine Political a!, p.33$
D-
SCHOOL OF LAW

briber%, are o# so serious and enormous a nature
as to stri4e at the ver% li#e or the orderl% wor4in$s
o# the $overnment.8 This rather ambi$uous
de#inition, assumin$ it is correct, would probabl%
e'clude such o##enses as rape and murder which,
althou$h as serious as treason and briber%, will not
necessaril% stri4e at the orderl% wor4in$s, let alone
li#e o# the $overnment.
-<D
?r%,t %n" Corr$#tion
&ra#t and corruption is to be understood in the li$ht
o# the prohibited acts enumerated in the Anti-&rant
and Corrupt :ractices Act, which was in #orce at
the time o# the adoption o# the Constitution.
-<E
+etr%*%l o, P$-lic Tr$st
The -ED9 Constitution has added 7betra%al o#
public trust,8 which means an% #orm o# violation o#
the oath o# o##ice even i# such violation ma% not be
criminall% punishable o##ense.
-BC
This is a catch-all to cover all manner o# o##enses
unbecomin$ a public #unctionar% but not
punishable b% the criminal statutes, li4e
7ine'cusable ne$li$ence o# dut%, t%rannical abuse
o# authorit%, breach o# o##icial dut% b% mal#easance
or mis#easance, cron%ism, #avoritism, obstruction o#
(ustice.
-B-
7. Proce"$re
1. 4ilin) o, t(e Heri,ie" Com#l%int. A veri#ied
complaint #or impeachment is #iled b% either,
(a) a )ember o# the @ouse o#
?epresentatives5 or (b) an% citi>en upon a
resolution o# endorsement b% an% )ember
thereo#.
-B.
2. Incl$sion in t(e Or"er o, +$siness. A#ter
#ilin$, the complaint shall be included in the
2rder o# Business within ten session da%s.
3. 3e,err%l to t(e Committee. Durin$ the @ouse
ession when the complaint is calendared to
be ta4en up, the pea4er o# the @ouse shall
re#er the complaint #or impeachment to the
proper committee within three session da%s.
4. Committee 3e#ort. The Committee, a#ter
hearin$, and b% a ma(orit% vote o# all its
)embers shall submit its report to the @ouse
within si't% (BC) session da%s #rom the re#erral,
1$"
Cruz, Philippine Political a!, p.33$
1$#
160
161
162
@he )eri,ied complaint is ,iled !ith the -,,ice o, the +ecretar*
:eneral o, the Bouse o, 2epresentati)es. (1$
th
Con(ress 2ules o,
Procedure in %mpeachment Proceedin(s, 2ule %%, +ection 3)
to$ether with the correspondin$ resolution.
The resolution shall be calendared #or
consideration b% the @ouse within ten session
da%s #rom receipt thereo#.
$. <o$se Plen%r* Hote. A vote o# a least one-
third o# all the )embers o# the @ouse shall be
necessar% either to a##irm a #avorable
resolution with the Articles o# Impeachment o#
the Committee, or override its contrar%
resolution.
6. Tr%nsmitt%l o, Articles o, Im#e%c(ment. In
case the veri#ied complaint or resolution o#
impeachment is #iled b% at least one-third o# all
the )embers o# the @ouse, the same shall
constitute the Articles o# Impeachment, and
trial b% the enate shall #orthwith proceed.
Con$ress shall promul$ate its rules on
impeachment to e##ectivel% carr% out the purpose.
(ection /(D))
(ee -<
th
Con$ress ?ules o# :rocedure in
Impeachment :roceedin$s)
The determination o# su##icienc% o# #orm and
substance o# an impeachment complaint is an
e'ponent o# the e'press constitutional $rant o# rule-
ma4in$ powers o# the @ouse o# ?epresentatives
which committed such determinative #unction to
public respondent. In the dischar$e o# that power
and in the e'ercise o# its discretion, the @ouse has
#ormulated determinable standards as to the #orm
and substance o# an impeachment complaint.
:rudential considerations behoove the Court to
respect the compliance b% the @ouse o# its dut% to
e##ectivel% carr% out the constitutional purpose,
absent an% contravention o# the minimum
constitutional $uidelines. (&utierre> v. @?-C2I)
4. Im#e%c(ment P3OC77/IN? v. Im#e%c(ment
CAS7
Im#e%c(ment
P3OC77/IN?
163
Im#e%c(ment
CAS7
Comle'us o# acts Impeachment case
re#ers to the legal
!onto%es$ that is to
be decided b% the
163
I. Abad in &utierre> v. @?-C2I, The initiation o# the
impeachment proceedin$ in the @ouse is intended to be a
preliminar% step #or the determination o# the su##icienc% o# the
alle$ations a$ainst the impeachable public o##icial. It is a4in to
a preliminar% investi$ation in a criminal case where probable
cause is determined a$ainst the accused. I# there is probable
cause to indict the impeachable public o##icial, then the Articles
o# Impeachment is transmitted to the enate. In a criminal
case, a criminal complaint or in#ormation is then #iled in court
a$ainst the accused.
D.
SCHOOL OF LAW

enate.
Initiated b% a #ilin$ o# a
%eified !omplaint
Initiated b% #ilin$ o#
the Ati!les of
Impea!"ment
A veri#ied complaint #or
impeachment ma% be #iled
b% an% )ember o# the
@ouse o# ?epresentatives
or b% an% citi>en upon a
resolution or endorsement
b% an% )ember thereo#
)a% be initiated
e'clusivel% b% the
@ouse o#
?epresentatives
Initiated in the @ouse o#
?epresentatives
Initiated in the enate
?. OneALe%r +%r 3$le
1. T(e OneALe%r +%r 3$le
7"o impeachment proceedin$s shall be
initiated a$ainst the same o##icial more than
once within a period o# one %ear.8
2. P$r#oses
(-) to prevent undue or too #re*uent harassment5
(.) to allow the le$islature to do its principal tas4 o#
le$islation.8
3. Me%nin) o, 1Initi%te"2
The proceedin$ is initiated or be$ins, 2"en a
%eified !omplaint A2it" a!!ompan$ing
esolution o indosementC is 4IL7/ %n"
3747337/ to t"e Committee on -usti!e fo
a!tion. This is the initiatin$ step which tri$$ers the
series o# steps that #ollow. (Aransisco v. @?, .CC/)
In Fransico v. !ouse of (epresentatives, the C
said that considerin$ that the #irst impeachment
complaint was #iled b% #ormer :resident !strada
a$ainst Chie# Iustice Davide alon$ with seven
associate (ustices on Iune C., .CC/ and re#erred to
the @ouse Committee on Iustice on Au$ust C<,
.CC/, the second impeachment complaint #iled b%
some ?ep. Teodoro et. al., a$ainst the Chie# Iustice
on 2ctober ./, .CC/, violates the constitutional
prohibition a$ainst the initiation o# impeachment
proceedin$s a$ainst the same impeachable o##icer
within a one-%ear period.
4. 3ec9onin) Point o, OneALe%r +%r
?$tierreG v. <3 Committee on @$stice
?.3. No. 163456
Aebruar% -<, .C--
)arch D, .C--
4ACTS,
(-) 2n Iul% .., .C-C a veri#ied impeachment
complaint (Airst Complaint) a$ainst petitioner
2mbudsman )a. )erceditas ". &utierre> #or
betra%al o# public trust and culpable violation o# the
Constitution was #iled. 2n Au$ust /, .C-C,
another veri#ied impeachment complaint (econd
Complaint) a$ainst 2mbudsman &utierre> also #or
betra%al o# public trust and culpable violation o# the
Constitution was #iled.
(.) 2n Au$ust -C, .C-C, upon the instruction o#
@ouse )a(orit% 3eader "eptali &on>ales II,
Chairperson o# the Committee on ?ules, the two
impeachment complaints were included in the
2rder o# Business #or the #ollowin$ da%, Au$ust --,
.C-C.
(/) 2n Au$ust --, .C-C, durin$ its plenar% session,
the @ouse o# ?epresentatives simultaneousl%
re#erred both complaints to @ouse Committee on
Iustice.
(=) 2n eptember -, .C-C the @ouse Committee
on Iustice #ound the #irst and second complaints
su##icient in #orm.
ISSU7, :etitioner rec4ons the start o# the one-%ear
bar #rom the #ilin$ o# the #irst impeachment
complaint a$ainst her on Iul% .., .C-C or #our da%s
be#ore the openin$ on Iul% .B, .C-C o# the -<th
Con$ress. he posits that within one %ear #rom
Iul% .., .C-C, no second impeachment complaint
ma% be accepted and re#erred to the @ouse
Committee on Iustice.
<7L/' :. Carpio'#orales (@onente). The #ilin$ %n"
the re#erral o# the impeachment complaint to the
proper committee 7initiated8 the impeachment
proceedin$s and tri$$ered the operation o# the
one-%ear bar rule.
:. ?rion, Dissenting 4pinion- The initiation phase
ends when the Iustice Committee determines and
the @ouse o# ?epresentatives approves the
su##icienc% o# the impeachment complaint in #orm
and substance. The #indin$ o# the validit% o# the
impeachment complaint in #orm and substance
completes the initiation phase o# the impeachment
proceedin$s and bars the #ilin$ o# another
impeachment complaint #or a period o# one %ear
there#rom. The appropriate point that serves both
the 7undue harassment8 and 7inter#erence in
lawma4in$8 purposes o# ection /(<), Article XI o#
the Constitution is ;(en t(e im#e%c(ment
com#l%int is "etermine" to -e v%li".
Iss$e' :etitioner ar$ues that heapin$ two or more
char$es in one complaint will con#use her in
preparin$ her de#ense5 e'pose her to the $rave
dan$ers o# the hi$hl% political nature o# the
impeachment process5 constitute a whimsical
disre$ard o# certain rules5 impair her per#ormance
o# o##icial #unctions as well as that o# the @ouse5
D/
SCHOOL OF LAW

and prevent public respondent #rom completin$ its
report within the deadline.
<el"' The 7one o##ense, one complaint8 rule in
ordinar% rules o# criminal procedure cannot wor4 to
bar multiple complaints in impeachment
proceedin$s, as the Constitution allows indictment
#or multiple impeachment o##enses.
<. Tri%l
The enate shall have the sole power to tr% and
decide all cases o# impeachment. 0hen sittin$ #or
that purpose, the enators shall be on oath or
a##irmation. 0hen the :resident o# the :hilippines
is on trial, the Chie# Iustice o# the upreme Court
shall preside, but shall not vote. A decision o#
conviction must be concurred in b% at least two-
thirds o# all the members o# the enate.
I. Pen%lt*
The penalt% which ma% be imposed 7shall not
e'tend #urther than removal #rom o##ice and
dis*uali#ication to hold an% o##ice under the
?epublic.8
-B=
This penalt% is be%ond the reach o# the :residentHs
power o# e'ecutive clemenc%, but does not place
the o##icer be%ond liabilit% to criminal prosecution.
(0hen criminall% prosecuted, there#ore, #or the
o##ense which warranted his conviction on
impeachment, the o##icer cannot plead the de#ense
o# double (eopard%.)
-B<
@. 7,,ect o, Conviction
?emoval #rom o##ice and dis*uali#ication to hold
an% o##ice under the ?epublic o# the :hilippines.
But the part% convicted shall be liable and sub(ect
to prosecution, trial and punishment accordin$ to
law.
F. @$"ici%l 3evie;
The Court cannot review the su##icienc% o# the
substance o# the impeachment complaints. The
su##icienc% o# the substance will delve into the
merits o# the impeachment complaints over which
this Court has no (urisdiction. The Court can onl%
rule on whether there is a $ross violation o# the
Constitution in #ilin$ the impeachment complaint, in
particular, whether the complaint was #iled in
violation o# the one-%ear ban. The Court cannot
review the decision o# the Committee on Iustice to
impeach. (I. Carpio in &utierre> v. @?-C2I)
164
16$
III. S%n"i)%n-%*%n
Section 4. The present anti-$ra#t court 4nown as the
andi$anba%an shall continue to #unction and e'ercise its
(urisdiction as now or herea#ter ma% be provided b% law.
A. Com#osition o, S%n"i)%n-%*%n
+nder :D -BCB, it is composed o# a :residin$
Iustice and !i$ht Associate Iustices, with the ran4
o# Iustice o# the Court o# Appeals. It sits in three K/L
divisions o# three members o# each.
+. N%t$re o, S%n"i)%n-%*%n
andi$anba%an is "2T a constitutional court. It is
% st%t$tor* co$rt5 that is, it is created not onl% b%
the Constitution but b% statute, althou$h its creation
is mandated b% the Constitution.
-BB
C. @$ris"iction o, S%n"i)%n-%*%n
Ori)in%l @$ris"iction
;iolations o# ?A /C-E (A&C:A) as
amendedJ ?A -/9E5 and Chapter II, ection .,
Titile ;II, Boo4 II o# the ?:; where one or
more o# the accused are o##icials occup%in$
the #ollowin$ positions in the $overnment,
whether in a permanent, actin$ or interim
capacit% at the time o# the commission o# the
o##ense,
a. 2##icials o# the !'ecutive branch with
the position o# ?e$ional Director or hi$her,
or with alar% &rade 3evel .9 (&.9)
accordin$ to ?A B9<D.
b. )embers o# Con$ress and o##icials
thereo# with &.9 an up5
c. )embers o# the Iudiciar% without
pre(udice to the Constitution5
d. Chairmen and members o# the
Constitutional Commissions without
pre(udice to the Constitutions5 and
e. All other national and local o##icials
with &.9 or hi$her.
2ther o##enses or #elonies whether simple
or comple'ed with other crimes committed b%
the public o##icials and emplo%ees mentioned
in ubsection a in relation to their o##ice5
Civil and criminal cases #iled pursuant to
and in connection with !2 nos. -, ., -=, and
-=-A issued in -EDB.
7>cl$sive Ori)in%l @$ris"iction over petitions #or
the issuance o# the writs o# mandamus,
166
D=
SCHOOL OF LAW

prohibitions, certiorari, habeas corpus, in(unction
and other ancillar% writs and processes in aid of its
appellate 1urisdictionJ :rovided, that (urisdiction
over these petitions shall not be e'clusive o# the
upreme Court5
7>cl$sive A##ell%te @$ris"iction over #inal
(ud$ments, resolutions or orders o# re$ional trial
courts whether in the e'ercise o# their own ori$inal
(urisdiction or o# their appellate (urisdiction. (?A
D.=E)
The #ollowin$ re*uisites must concur in order that a
case ma% #all under the e'clusive (urisdiction o# the
andi$anba%an,
1. The o##ense committed is a violation o# ?A
-/9E, Chapter II, ection , Title ;II, Boo4 II o#
the ?evised :enal Code, !'ecutive 2rders
"os. -, . -= and -=-A, issued in -EDB, or other
o##enses or #elonies whether simple or
comple'ed with other crimes5
.. The o##ender committin$ the o##enses (violatin$
?A /C-E, ?A -/9E, the ?:C provisions, and
other o##enses, is a public o##icial or emplo%ee
holdin$ an% o# the positions enumerated in
par. A, ection =, ?A D.=E5 and
/. The o##ense committed is in relation to the
o##ice. (3acson v. !'ecutive ecretar%, -EEE)
Priv%te in"ivi"$%ls. 1In case private individuals
are char$ed as co-principals, accomplices or
accessories with the public o##icers or emplo%ees,
the% shall be tried (ointl% with said public o##icers
and emplo%ees. (ection =, :D -BCB)8
1:rivate persons ma% be char$ed to$ether with
public o##icers to avoid repeated and unnecessar%
presentation o# witnesses and e'hibits a$ainst
conspirators in di##erent venues, especiall% o# the
issues involved are the same. It #ollows there#ore
that i# a private person ma% be tried (ointl% with
public o##icers, he ma% also be convicted (ointl%
with them, as in the case o# the present
petitioners.8 (Balmadrid v. The @onorable
andi$anba%an, -EE-)
Ma!alino %. Sandigan#a$a' *++*9 It was held
that because the :hilippine "ational Construction
Compan% (:"CCC has no ille$al charter, petitioner,
an o##icer o# :"CC, is not a public o##icer. That
bein$ so, the andi$anba%an has no (urisdiction
over him. The onl% instance when the
andi$anba%an ma% e'ercise (urisdiction over a
private individual is when the complaint char$es
him either as a co-principal, accomplice or
accessor% o# a public o##icer who has been char$ed
within the (urisdiction o# the andi$anba%an.
/etermin%tion o, @$ris"iction. 0hether or not the
andi$anba%an or the ?TC has (urisdiction over
the case shall be determined b% the alle$ations in
the in#ormation speci#icall% on whether or not the
acts complained o# were committed in relation to
the o##icial #unctions o# the accused. It is re*uired
that the char$e be set #orth with particularit% as will
reasonabl% indicate that the e'act o##ense which
the accused is alle$ed to have committed is one in
relation to his o##ice. Thus, the mere alle$ation in
the in#ormation that the o##ense was committed b%
the accused public o##icer 7in relation to his o##ice8
is a conclusion o# law, not a #actual averment that
would show the close intimac% between the o##ense
char$ed and the dischar$e o# the accusedHs o##icial
duties. (3acson v. !'ecutive ecretar%)
,ina$ %. Sandigan#a$an' (JJJ9 The upreme
Court discussed the rami#ications o# ection 9, ?A
D.=E, as #ollows,
-. I# trial o# the cases pendin$ be#ore whatever
court has alread% be$un as o# the approval o#
?A D.=E, the law does not appl%5
.. I# trial o# cases pendin$ be#ore whatever court
has not be$un as o# the approval o# ?A D.=E,
then the law applies, and the rules are,
i. I# the andi$anba%an has (urisdiction
over a case pendin$ be#ore it, then it
retains (urisdiction5
ii. I# the andi$anba%an has no
(urisdiction over a cased pendin$
be#ore it, the case shall be re#erred to
the re$ular courts5
iii. I# the andi$anba%an has (urisdiction
over a case pendin$ be#ore a re$ular
court, the latter loses (urisdiction and
the same shall be re#erred to the
andi$anba%an5
iv. I# a re$ular court has (urisdiction over
a case pendin$ be#ore it, then said
court retains (urisdiction.
/. /ecisions.3evie;

The unanimous vote o# all the three members shall
be re*uired #or the pronouncement o# (ud$ment b%
a division. Decisions o# the andi$anba%an shall
be reviewable b% the upreme Court on a petition
#or certiorari.
a. It is now settled that ection -/, ?A /C-E,
ma4es it mandator% #or the
nadi$anba%an to suspend an% public
o##icer a$ainst whom a valid in#ormation
char$in$ violation o# that law, or an%
o##ense involvin$ #raud upon the
$overnment or public #unds or propert% is
#iled. (Bolasti$ v. andi$anba%an, ./<
C?A -C/)
b. The appellate (urisdiction o# the upreme
Court over decisions and #inal orders o#
the andi$anba%an is limited to *uestions
o# law. (?epublic v. andi$anba%an, .CC.)
IH. Om-$"sm%n
D<
SCHOOL OF LAW

Section 5. There is hereb% created the independent 2##ice o#
the 2mbudsman, composed o# the 2mbudsman to be 4nown
as Tanodba%an, one overall Deput% and at least one Deput%
each #or 3u>on, ;isa%as, and )indanao. A separate Deput% #or
the militar% establishment ma% li4ewise be appointed.
Section 6. The o##icials and emplo%ees o# the 2##ice o# the
2mbudsman, other than the Deputies, shall be appointed b%
the 2mbudsman, accordin$ to the Civil ervice 3aw.
Section !. The 2mbudsman and his Deputies shall be natural-
born citi>ens o# the :hilippines, and at the time o# their
appointment, at least #ort% %ears old, o# reco$ni>ed probit% and
independence, and members o# the :hilippine Bar, and must
not have been candidates #or an% elective o##ice in the
immediatel% precedin$ election. The 2mbudsman must have,
#or ten %ears or more, been a (ud$e or en$a$ed in the practice
o# law in the :hilippines.
Durin$ their tenure, the% shall be sub(ect to the same
dis*uali#ications and prohibitions as provided #or in ection .
o# Article -X-A o# this Constitution.
Section 6. The 2mbudsman and his Deputies shall be
appointed b% the :resident #rom a list o# at least si' nominees
prepared b% the Iudicial and Bar Council, and #rom a list o#
three nominees #or ever% vacanc% therea#ter. uch
appointments shall re*uire no con#irmation. All vacancies shall
be #illed within three months a#ter the% occur.
Section 1I. The 2mbudsman and his Deputies shall have the
ran4 o# Chairman and )embers, respectivel%, o# the
Constitutional Commissions, and the% shall receive the same
salar% which shall not be decreased durin$ their term o# o##ice.
ection --. The 2mbudsman and his Deputies shall serve #or
a term o# seven %ears without reappointment. The% shall not
be *uali#ied to run #or an% o##ice in the election immediatel%
succeedin$ their cessation #rom o##ice.
Section 12. The 2mbudsman and his Deputies, as protectors
o# the people, shall act promptl% on complaints #iled in %n*
,orm or m%nner a$ainst public o##icials or emplo%ees o# the
&overnment, or an% subdivision, a$enc% or instrumentalit%
thereo#, includin$ $overnment-owned or controlled
corporations, and shall, in appropriate cases, noti#% the
complainants o# the action ta4en and the result thereo#.
Section 13. The 2##ice o# the 2mbudsman shall have the
#ollowin$ powers, #unctions, and duties,
(-) Investi$ate on its own, or on complaint b% an%
person, an% act or omission o# an% public o##icial,
emplo%ee, o##ice or a$enc%, when such act or
omission appears to be ille$al, un(ust, improper, or
ine##icient.
(.) Direct, upon complaint or at its own instance, an%
public o##icial or emplo%ee o# the &overnment, or
an% subdivision, a$enc% or instrumentalit% thereo#,
as well as o# an% $overnment-owned or controlled
corporation with ori$inal charter, to per#orm and
e'pedite an% act or dut% re*uired b% law, or to stop,
prevent, and correct an% abuse or impropriet% in the
per#ormance o# duties.
(/) Direct the o##icer concerned to ta4e appropriate
action a$ainst a public o##icial or emplo%ee at #ault,
and recommend his removal, suspension, demotion,
#ine, censure, or prosecution, and ensure
compliance therewith.
(=) Direct the o##icer concerned, in an% appropriate
case, and sub(ect to such limitations as ma% be
provided b% law, to #urnish it with copies o#
documents relatin$ to contracts or transactions
entered into b% his o##ice involvin$ the disbursement
or use o# public #unds or properties, and report an%
irre$ularit% to the Commission on Audit #or
appropriate action.
(<) ?e*uest an% $overnment a$enc% #or assistance
and in#ormation necessar% in the dischar$e o# its
responsibilities, and to e'amine, i# necessar%,
pertinent records and documents.
(B) :ublici>e matters covered b% its investi$ation
when circumstances so warrant and with due
prudence.
(9) Determine the causes o# ine##icienc%, red tape,
mismana$ement, #raud, and corruption in the
&overnment and ma4e recommendations #or their
elimination and the observance o# hi$h standards o#
ethics and e##icienc%.
(D) :romul$ate its rules o# procedure and e'ercise
such other powers or per#orm such #unctions or
duties as ma% be provided b% law.
Section 14. The 2##ice o# the 2mbudsman shall en(o% #iscal
autonom%. Its approved annual appropriations shall be
automaticall% and re$ularl% released.
A. Com#osition
An 2mbudsman to be 4nown as the
Tanodba%an.
2ne over-all Deput%
At least one Deput% each #or 3u>on,
;isa%as and )indanao
A separate Deput% #or the militar%
establishment ma% li4ewise be appointed
K?ead U$. %. Sandigan#a$an, &.?. "o. -C<EB<-9C,
/<= C?A B<-L
+. &$%li,ic%tions
The 2mbudsman and his Deputies must be,
-. "atural Born Citi>ens o# the :hilippines
.. At least =C %ears o# a$e
DB
SCHOOL OF LAW

/. 2# reco$ni>ed probit% and independence
=. )embers o# the :hilippine Bar
<. )ust not have been candidates #or an%
elective o##ice in the immediatel% precedin$
election.
The 2mbudsman must have been a (ud$e or
en$a$ed in the practice o# law #or ten %ears or
more.
C. A##ointment
B% the :resident #rom a list o# at least si' nominees
prepared b% the Iudicial and Bar Council, and #rom
a list o# at least three nominees #or ever% vacanc%
therea#ter. All vacancies to be #illed in three
months.
a. Term o# 2##ice , een %ears without
reappointment
'. ?an4 and alar% , The 2mbudsman and
his Deputies shall have the ran4 o#
Chairman and )embers, respectivel%, o#
the Constitutional Commissions, and the%
shall receive the same salar% which shall
not be decreased durin$ his term o# o##ice.
c. Aiscal Autonom% , The 2##ice o# the
2mbudsman shall en(o% #iscal autonom%.
/. /is0$%li,ic%tions.In(i-itions
Durin$ their tenure,
hall not hold other o##ice or emplo%ment
hall not en$a$e in the practice o# an%
pro#ession or in the active mana$ement
o# control o# an% business which in an%
wa% ma% be a##ected b% the #unctions o#
his o##ice5
hall not be #inanciall% interested, directl%
or indirectl%, in an% contract with, or in
an% #ranchise or privile$e $ranted b% the
&overnment, or an% o# its subdivisions,
etc,5
hall not be *uali#ied to run #or an% o##ice
in the election immediatel% succeedin$
their cessation #rom o##ice.
7. @$ris"iction
<o; is t(e :$ris"iction o, t(e Om-$"sm%n over
% #erson "etermine"= Aor purposes o#
determinin$ the scope o# the (urisdiction o# the
2mbudsman, a public o##icer is one to whom some
o# the soverei$n #unctions o# the $overnment has
been dele$ated.
(The "ational Centennial Commission per#orms
e'ecutive power which 7is $enerall% de#ined as the
power to en#orce and administer laws. It is the
power o# carr%in$ the laws into practical operation
and en#orcin$ their due observance.8 The
e'ecutive #unction, there#ore, concerns the
implementation o# the policies as set #orth b% law.
;aurel v. Desierto, 2002)
&' Char$ed with murder, the &overnor challen$es
the authorit% o# the o##ice o# the 2mbudsman to
conduct the investi$ation. @e ar$ues that the
authorit% o# the 2mbudsman is limited to 7crimes
related to or connected with an o##icialHs dischar$e
o# his public #unctions.8 Decide.
A' The 2mbudsman has authorit%. ection -. sa%s
that he ma% 7investi$ateO an% act or omission o#
an% public o##icialO when s$c( %ct or omission
%##e%rs to -e ille)%l5 $n:$st5 im#ro#er or
ine,,icient. )urder is ille$al. And since it was
alle$edl% committed b% a public o##icial it comes
within the (urisdiction o# the 2mbudsman. (Deloso
v. Domin$o, -EEC)
4. Po;ers %n" /$ties
(See Section $2 and $/ of )rticle H2)
2ver the %ears the scope o# the powers o# the
2mbudsman under ection -. has been clari#ied
thus settlin$ various disputed issues,
1. The ombudsman can investi$ate onl% o##icers o#
$overnment owned corporations with ori$inal
charter. :A3, even when still owned b% the
$overnment, did not have ori$inal charter.
-B9
2. The (urisdiction o# the 2mbudsman over
disciplinar% cases involvin$ public school teachers
has been modi#ied b% ection E o# ?.A. =B9C,
otherwise 4nown as the )a$na Carta #or :ublic
chool Teachers, which sa%s that such cases must
#irst $o to a committee appointed b% the ecretar% o#
!ducation.
-BD
It is erroneous, thus, #or respondents to contend that
?.A. "o. =B9C con#ers an e'clusive disciplinar%
authorit% on the D!C over public school teachers
and prescribes an e'clusive procedure in
administrative investi$ations involvin$ them. ?.A.
"o. =B9C was approved on Iune -D, -EBB. 2n the
other hand, the -ED9 Constitution was rati#ied b% the
people in a plebiscite in -ED9 while ?.A. "o. B99C
was enacted on "ovember -9, -EDE. It is basic that
the -ED9 Constitution should not be restricted in its
meanin$ b% a law o# earlier enactment. The -ED9
Constitution and ?.A. "o. B99C were *uite e'plicit in
con#errin$ authorit% on the 2mbudsman to act on
complaints a$ainst all public o##icials and
emplo%ees, with the e'ception o# o##icials who ma%
be removed onl% b% impeachment or over members
o# Con$ress and the Iudiciar%.
3. The 2mbudsman Act authori>es the
2mbudsman to impose penalties in administrative
cases.
-BE
ection .- o# ?A B99C vests in the
2mbudsman 7"isci#lin%r* %$t(orit* over %ll
167
'(an, )r v Om&udsman, :.2. 3o. 12$2#6, 5ul* 20. 2006.
16"
Om&udsman v. "standarte, :2 16"670, 0pril 13, 2007.
D9
SCHOOL OF LAW

elective %n" %##ointive o,,ici%ls o, t(e
?overnment,8 e'cept impeachable o##icers,
members o# Con$ress, and the Iudiciar%. And
under ection .< o# ?A B99C, the 2mbudsman ma%
impose in administrative proceedin$s the 7#en%lt*
r%n)in) ,rom s$s#ension ;it(o$t #%* ,or one
*e%r to "ismiss%l with #or#eiture o# bene#its or a #ine
ran$in$ #rom #ive thousand pesos (:<,CCC.CC) to
twice the amount malversed, ille$all% ta4en or lost,
or both at the discretion o# the 2mbudsman ' '
'.8 Clearl%, under ?A B99C the 2mbudsman has the
power to impose directl% administrative penalt% on
public o##icials or emplo%ees.
-9C
"ote, however, that accordin$ to the 3ocal
&overnment Code, elective o##icials ma% be
dismissed onl% b% the proper court. 70here the
disciplinin$ authorit% is $iven onl% the power to
suspend and not the power to remove, it should not
be permitted to manipulate the law b% usurpin$ the
power to remove.8
-9-
4. The pecial :rosecutor ma% not #ile an
in#ormation without authorit% #rom the 2mbudsman.
?epublic Act "o. B99C, b% con#errin$ upon the
2mbudsman the power to prosecute, li4ewise $rants
to the 2mbudsman the power to authori>e the #ilin$
o# in#ormations. A dele$ated authorit% to prosecute
was also $iven to the Deput% 2mbudsman, but no
such dele$ation e'ists to the pecial :rosecutor.
"or is there an implied dele$ation. The pecial
:rosecutor prosecutes onl% when authori>ed b% the
2mbudsman.
-9.
5. The 2mbudsman has been con#erred rule
ma4in$ power to $overn procedures under it.
-9/
2ne
who is answerin$ an administrative complaint #iled
be#ore the 2mbudsman ma% not appeal to the
procedural rules under the Civil ervice
Commission.
-9=
6. The power to investi$ate or conduct a preliminar%
investi$ation on an% 2mbudsman case ma% be
e'ercised b% an investi$ator or prosecutor o# the
2##ice o# the 2mbudsman, or b% an% :rovincial or
Cit% :rosecutor or their assistance, either in their
re$ular capacities or as deputi>ed 2mbudsman
prosecutors.
-9<
. A preventive suspension will onl% last ninet% (EC)
da%s, not the entire duration o# the criminal case li4e
16#
Om&udsman v. CA, 3o)em'er 22, 20066 -m'udsman ). ucero,
3o)em'er 24, 2006.
170
Ombudsman v. CA, :.2. 3o. 16"07#, 5ul* 17, 2007.
171
+an((unian( Baran(a* ). Punon( Baran(a*, :.2. 3o. 170626,
&arch 3, 200".
172
Perez v. Sandiga&a$an, :.2. 3o. 166062, +eptem'er 26, 2006.
173
Buencamino v. CA, :2 17$"#$,0pril 4, 2007.
174
&edina ). C-0, :.2. 3o. 17647", Ae'ruar* 4, 200".
17$
*onasan ++ v. Panel o, +nvestigators o, t(e DO), :.2. 3o.
1$#747, 0pril 13, 2004.
petitioners seem to thin4. Indeed, it would be
constitutionall% proscribed i# the suspension were to
be o# an inde#inite duration or #or an unreasonable
len$th o# time. The Court has thus laid down the
rule that preventive suspension ma% not e'ceed the
ma'imum period o# ninet% (EC) da%s, in consonance
with :residential Decree "o. DC9, now ection <. o#
the Administrative Code o# -ED9.
-9B
&' ?A B99C empowers the 2##ice o# the
2mbudsman to conduct preliminar% investi$ations
and to directl% underta4e criminal prosecutions.
0hat is the constitutional basis #or this power1
A' Article XI, ection -/(D) means that the
2mbudsman ma% be validl% empowered with
prosecutorial #unctions b% the le$islature, and this
the latter did when it passed ?A B99C. (Camana$
v. &uerrero, -EE9)
Does it not violate the principle o# separation o#
powers since the power to conduct preliminar%
investi$ation is e'clusive to the e'ecutive branch1
A' I# it is authori>ed b% the Constitution it cannot be
lo$icall% ar$ued that such power or the e'ercise
thereo# is unconstitutional or violative o# the
principle o# the separation o# powers. (Camana$ v.
&uerrero, -EE9)
Does it not directl% contravene Article XI, ection 9
b% diminishin$ the authorit% and power lod$ed in
the 2##ice o# the pecial :rosecutor1
A' In )cop v. 4ffice of te 4mbudsman, $**6, the
Court upheld not onl% the power o# Con$ress to so
place the 2##ice o# the pecial :rosecutor under
the 2mbudsman, but also the power o# Con$ress
to remove some o# the powers $ranted to the 2##ice
o# pecial :rosecutor. . (Camana$ v. &uerrero,
-EE9)
&' Are the powers o# 2mbudsman dele$able1
A' The power to investi$ate or conduct a
preliminar% investi$ation on an% 2mbudsman case
ma% be e'ercised b% an investi$ator or prosecutor
o# the 2##ice o# the 2mbudsman, or b% an%
:rovincial or Cit% :rosecutor or their assistance,
either in their re$ular capacities or as deputi>ed
2mbudsman prosecutors. (@onasan II v. :anel o#
Investi$ators o# the D2I, .CC=)
1In %n* ,orm or m%nner2 It was held that the #act
that the 2mbudsman ma% start an investi$ation on
the basis o# an% anon%mous letter does not violate
the e*ual protection clause. Aor purposes o#
176
9illasenor ) +andi(an'a*an :.2. 3o. 1"0700, &arch 4, 200"
DD
SCHOOL OF LAW

initiatin$ preliminar% investi$ation be#ore the 2##ice
o# the 2mbudsman, a complaint 7in an% #orm or
manner8 is su##icient. (&arcia v. )iro, .CC/)
-99
Po;er o, Contem#t. The 2mbudsman is also
$ranted b% law the power to cite #or contempt, and
this power ma% be e'ercised b% the 2mbudsman
while conductin$ preliminar% investi$ation because
preliminar% investi$ation is an e'ercise o# *uasi-
(udicial #unctions. (3astimosa v. ;as*ue>, .=/
C?A =E9)
-9D
C%n t(e Co$rt -e com#elle" to revie; t(e
e>ercise o, "iscernment in #rosec$tin) or
"ismissin) % c%se -e,ore t(e Om-$"sm%n= It
has been consistentl% held that it is not #or the
Court to review the 2mbudsmanHs paramount
discretion in prosecutin$ or dismissin$ a complaint
#iled be#ore his o##ice. The rule is based not onl%
upon the respect #or the investi$ator% and
prosecutor powers $ranted b% the Constitution to
the 2##ice o# the 2mbudsman but upon practicalit%
as well. (2therwise, the #unctions o# the courts will
be $rievousl% hampered b% innumerable petitions
assailin$ the dismissal o# investi$ator% proceedin$s
conducted b% the 2##ice o# the 2mbudsman with
re$ard to complaints #iled be#ore it. (2laire> v.
andi$anba%an, .CC/)
There is, however, one important e'ception to this
rule, and that is, when $rave abuse o# discretion on
the part o# the 2mbudsman in either prosecutin$ or
dismissin$ a case be#ore it is evident. In this event,
the act o# the 2mbudsman can (usti#iabl% be
assailed.
-9E
Om-$"sm%n (%s no %$t(orit* to "irectl*
"ismiss % #$-lic o,,icer ,rom )overnment
service. +nder ection -/(/) o# Article XI, the
2mbudsman can onl% recommend to the o##icer
concerned the removal o# a public o##icer or
emplo%ee #ound to be administrativel% liable.
(Taplador v. 2##ice o# the 2mbudsman, .CC.) Be
that as it ma%, the re#usal, without (ust cause, o#
an% o##icer to compl% with such an order o# the
2mbudsman to penali>e errin$ o##icer or emplo%ee
is a $round #or disciplinar% action. Thus, there is a
stron$ indication that the 2mbudsmanHs
recommendation is not merel% advisor% in nature
but actuall% mandator% within the bounds o# law.
This, should not be interpreted as usurpation o# the
2mbudsman o# the authorit% o# the head o# o##ice
or an% o##icer concerned. It has lon$ been settled
that the power o# the 2mbudsman to investi$ate
and prosecute an% ille$al act or omission o# an%
public o##icial is not an e'clusive authorit%, but a
shared or concurrent authorit% in respect o# the
o##ense char$ed. (3edesma v. CA, .CC<)
177
0ntonio 3achura, -utline on Political a!, 3$1 (2006)
17"
17#
4. Po;er to Investi)%te
The power to investi$ate, includin$ preliminar%
investi$ation, belon$s to the 2mbudsman and not
to the pecial :rosecutor. (Acop v. 2mbudsman,
-EE<)
U* v. S%n"i)%n-%*%n5 2II1' It was held that
under ections -- and -<, ?A BB9C, the
2mbudsman s clothed with the authorit% to conduct
preliminar% investi$ation and to prosecute all
criminal cases involvin$ public o##icers and
emplo%ees, not onl% those within the (urisdiction o#
the andi$anba%an, but those within the
(urisdiction o# re$ular courts as well. The clause
7an% ille$al act or omission o# an% public o##icial8 is
broad enou$h to embrace an% crime committed b%
a public o##icer or emplo%ee.
Om-$"sm%nMs Po;er to Investi)%te5 Not
7>cl$sive. 0hile the 2mbudsmanHs power to
investi$ate is primar%, it is not e'clusive and, under
the 2mbudsman Act o# -EDE, he ma% dele$ate it to
others and ta4e it bac4 an% time he wants to. (Acop
v. 2mbudsman, -EE<)
This power o# investi$ation $ranted to the
2mbudsman b% the -ED9 Constitution and The
2mbudsman Act is not e>cl$sive -$t is s(%re"
;it( ot(er simil%rl* %$t(oriGe" )overnment
%)encies such as the :C&& and (ud$es o#
municipal trial courts and municipal circuit trial
courts. The power to conduct preliminar%
investi$ation on char$es a$ainst public emplo%ees
and o##icials is li4ewise concurrentl% shared with
the Department o# Iustice. Despite the passa$e o#
the 3ocal &overnment Code in -EE-, the
2mbudsman retains concurrent (urisdiction with the
2##ice o# the :resident and the local Sanggunians
to investi$ate complaints a$ainst local elective
o##icials. K!mphasis suppliedL.
-DC
(2mbudsman v.
&alicia &.?. "o. -B99--, 2ctober -C, .CCD, <BD
1"0
@. Coron%5 DSe#%r%te O#inion in +ir%o)o v. PTC
B2I1ICEThe Constitution has $ranted to the 2mbudsman the
power to investi$ate other public o##icials and emplo%ees, such
power is not absolute and e'clusive. Con$ress has the power
to #urther de#ine the powers o# the 2mbudsman and, impliedl%,
to authori>e other o##ices to conduct such investi$ation over
their respective o##icials and personnel.
The Constitution has vested in Con$ress alone the power to
$rant to an% o##ice concurrent (urisdiction with the 2mbudsman
to conduct preliminar% investi$ation o# cases o# $ra#t and
corruption.

In a m%riad o# cases, the C has reco$ni>ed the concurrent
(urisdiction o# other bodies vis-Y-vis the 2mbudsman to
conduct preliminar% investi$ation o# complaints o# $ra#t and
corruption as authori>ed b% law, meanin$, ,or %n* ot(er
#erson or %)enc* to -e %-le to con"$ct s$c(
investi)%tions5 t(ere m$st -e % l%; %$t(oriGin) (im or it to
"o so.
DE
SCHOOL OF LAW

C?A /.9 cited b% :onente I. )endo>a in Birao$o
v. :TC, Dec. 9, .C-C)
The 2mbudsman can also investi$ate criminal
o##enses committed b% public o##icers which have
no relation to their o##ice. (;as*ue> v. Alino, .9-
C?A B9)
In 4mbudsman v. Cstandarte, the Court reco$ni>ed the
concurrent (urisdiction o# the Division chool uperintendent
vis-Y-vis the 2mbudsman to conduct preliminar% investi$ation
o# complaints o# $ra#t and corruption committed b% public
school teachers. uch concurrent (urisdiction o# the Division
chool uperintendent was $ranted b% law, speci#icall% ?A
=B9C or the #agna Carta #or :ublic chool Teachers.
3i4ewise, in 4mbudsman v. #edrano the Court held that b%
virtue o# ?A =B9C the Department o# !ducation Investi$atin$
Committee has concurrent (urisdiction with the 2mbudsman to
conduct a preliminar% investi$ation o# complaints a$ainst
public school teachers.
!ven the Sangguniang @anlungsod has concurrent (urisdiction
with the 2mbudsman to loo4 into complaints a$ainst the
punong baranga%. uch concurrent authorit% is #ound in ?A
9-BC or the 3ocal &overnment Code
The Department o# Iustice is another a$enc% with (urisdiction
concurrent with the 2mbudsman to conduct preliminar%
investi$ation o# public o##icials and emplo%ees. Its concurrent
(urisdiction is based on the -ED9 Administrative Code.
Certainl%, there is a law, the Administrative Code, which
authori>ed the 2##ice o# the :resident to e'ercise (urisdiction
concurrent with the 2mbudsman to conduct preliminar%
investi$ation o# $ra#t and corruption cases. @owever, the
scope and #ocus o# its preliminar% investi$ation are restricted.
+nder the principle that the power to appoint includes the
power to remove, each :resident has had his or her own
version o# a presidential committee to investi$ate $ra#t and
corruption, the last bein$ :resident &loria )acapa$al Arro%oHs
:residential Anti-&ra#t Commission (:A&C) under !.2. "o.
.BD. The :A&C e'ercised concurrent authorit% with the
2mbudsman to investi$ate complaints o# $ra#t and corruption
a$ainst presidential appointees who are not impeachable
o##icers and non-presidential appointees in conspirac% with the
latter. It is in this li$ht that D4! v. Camposano, should be
understood. At that time, the :CA&C (now de#unct) had no
investi$ator% power over non-presidential appointees5 hence
the :resident created an ad-hoc committee to investi$ate both
the principal respondent who was a presidential appointee and
her co-conspirators who were non-presidential appointees.
The :A&C (now also de#unct), however, was authori>ed to
investi$ate both presidential appointees and non-presidential
appointees who were in conspirac% with each other.
@owever, althou$h pursuant to his power o# control the
:resident ma% supplant and directl% e'ercise the investi$ator%
#unctions o# departments and a$encies within the e'ecutive
department, his power o# control under the Constitution and
the Administrative Code is con#ined onl% to the e'ecutive
department.
(?ead also the Dissentin$ 2pinion o# I. Carpio in Birao$o v.
:TC, Dec. 9, .C-C)
&' )a% the militar% deput% investi$ate civilian
police1
A' Because the power o# the 2mbudsman is broad
and because the Deput% 2mbudsman acts under
the direction o# the 2mbudsman, the power o# the
)ilitar% Deput% to investi$ate members o# the
civilian police has also been a##irmed. (Acop v.
2mbudsman, -EE<)
+%r &$estion D2II3E
Om#udsmanH Po2e to In%estigate
A $roup o# losin$ liti$ants in a case decided b% the
upreme Court #iled a complaint be#ore the
2mbudsman char$in$ the Iustices with 4nowin$l%
and deliberatel% renderin$ an un(ust decision in
utter violation o# the penal laws o# the land. Can the
2mbudsman validl% ta4e co$ni>ance o# the case1
!'plain.
SU??7ST7/ ANS873, "o, the 2mbudsman
cannot entertain the complaint. As stated in the
case o# In re, 3aureta. -=D C?A /D. K-ED9L,
pursuant to the principle o# separation o# powers,
the correctness o# the decisions o# the upreme
Court as #inal arbiter o# all (usticiable disputes is
conclusive upon all other departments o# the
$overnment5 the 2mbudsman has no power to
review the decisions o# the upreme Court b%
entertainin$ a complaint a$ainst the Iustices o# the
upreme Court #or 4nowin$l% renderin$ an un(ust
decision.
S7CON/ ALT73NATIH7 ANS873, Article XI,
ection - o# the -ED9 Constitution provides that
public o##icers must at all times be accountable to
the people. ection .. o# the 2mbudsman Act
provides that the 2##ice o# the 2mbudsman has the
power to investi$ate an% serious misconduct
alle$edl% committed b% o##icials removable b%
impeachment #or the purpose o# #ilin$ a veri#ied
complaint #or impeachment i# warranted. The
2mbudsman can entertain the complaint #or this
purpose.
&' )a% the 2mbudsman act on a complaint #iled b%
dis$runtled part% liti$ants a$ainst the upreme
Court alle$in$ certain named members o# the Court
as havin$ committed acts that appear to be ille$al,
un(ust, improper or ine##icient1 0ould it violate the
principle o# separation o# powers i# he ta4es
co$ni>ance1
S$))este" Ans;er -* A-el%r"o /omon"on'
Jes, it is the dut% o# the 2mbudsman to investi$ate
7on complaint b% an% person, an% act or omission
o# an% public o##icial, emplo%ee, o##ice or a$enc%
when such act or omission appears to be ille$al,
un(ust, improper or ine##icient.8 (Article XI, ection
-/(-))
?. Po;er to S$s#en"
EC
SCHOOL OF LAW

Preventive S$s#ension. The power to investi$ate
also includes the power to impose preventive
suspension. (Buenaseda v. Alavier, -EE/)
S$s#ension $n"er t(e Om-$"sm%n Act visAPA
vis t(e Loc%l ?overnment Co"e'
In order to (usti#% the preventive suspension o# a
public o##icial under ection .= o# ?A B99C, the
evidence o# $uilt should be stron$, and,
a. The char$e a$ainst the o##icer or
emplo%ee should involve dishonest%,
oppression or $rave misconduct or ne$lect in
the per#ormance o# dut%5
b. That the char$es should warrant
removal #orm the service5 or
c. The respondentHs continued sta% in
o##ice would pre(udice the case #iled a$ainst
him.
The 2mbudsman can impose the B-month
preventive suspension to all public o##icials,
whether elective or appointive, who are under
investi$ation.
2n the other hand, in imposin$ the shorter period
o# si't% (BC) da%s o# preventive suspension
prescribed in the 3ocal &overnment Code o# -EE-
on an elective local o##icial (at an% time a#ter issues
are (oined), it would be enou$h that,
a. There is reasonable $round to believe
that the respondent has committed the act or
acts complained or5
b. The evidence o# culpabilit% is stron$5
c. The $ravit% o# the o##ense so
warrants5 or
d. The continuance in o##ice o# the
respondent could in#luence the witnesses or
pose a threat to the sa#et% and inte$rit% o# the
records and other evidence. (Iose )iranda v.
andi$anba%an, .CC<)
+%r &$estion D2II4E
Om#udsman9 Po2e to SuspendH Pe%enti%e
Suspension
Director 020 #ailed the li#est%le chec4 conducted
b% the 2mbudsmanPs 2##ice because 020s assets
were $rossl% disproportionate to his salar% and
allowances. )oreover, some assets were not
included in his tatement o# Assets and 3iabilities.
@e was char$ed o# $ra#t and corrupt practices and
pendin$ the completion o# investi$ations, he was
suspended #rom o##ice #or si' months.
&' A$$rieved, 020 petitioned the Court o# Appeals
to annul the preventive suspension order on the
$round that the 2mbudsman could onl% recommend
but not impose the suspension. )oreover, accordin$
to 020, the suspension was imposed without an%
notice or hearin$, in violation o# due process. Is the
petitionerPs contention meritorious1 Discuss brie#l%.
(<S)
SU??7ST7/ ANS873, The contention o# Director
020 is not meritorious. The suspension meted out
to him is preventive and not punitive. ection .= o#
?epublic Act "o. B99C $rants the 2mbudsman the
power to impose preventive suspension up to si'
months. :reventive suspension ma%be imposed
without an% notice or hearin$. It is merel% a
preliminar% step in an administrative investi$ation
and is not the #inal determination o# the $uilt o# the
o##icer concerned. (&arcia v. )o(ica, /-= C?A .C9
K-EEEL).
&' Aor his part, the 2mbudsman moved to dismiss
020s petition. Accordin$ to the 2mbudsman the
evidence o# $uilt o# 020 is stron$, and petitioner
#ailed to e'haust administrative remedies. 020
admitted he #iled no motion #or reconsideration, but
onl% because the order suspendin$ him was
immediatel% e'ecutor%. hould the motion to dismiss
be $ranted or not1 Discuss brie#l%. (<S)
SU??7ST7/ ANS873' The motion to dismiss
should be denied. ince the suspension o# Director
020 was immediatel% e'ecutor%, he would have
su##ered irreparable in(ur% had he tried to e'haust
administrative remedies be#ore #ilin$ a petition in
court (+niversit% o# the :hilippines Board o# ?e$ents
v. ?asul, .CC C?A BD< K-EE-CBesides, the
*uestion involved is purel% le$al. (A>arcon v.
Buna$an, /EE C?A /B< K.CC/L).
+%r &$estion D1666E
Om#udsmanH Po2e to SuspendH Pe%enti%e
Suspension
An administrative complaint #or violation o# the Anti-
&ra#t and Corrupt :ractices Act a$ainst X was #iled
with the 2mbudsman. Immediatel% a#ter ta4in$
co$ni>ance o# the case and the a##idavits submitted
to him, the 2mbudsman ordered the preventive
suspension o# X pendin$ preliminar% investi$ation.
X *uestioned the suspension order, contendin$
that the 2mbudsman can onl% suspend
preventivel% subordinate emplo%ees in his own
o##ice. Is X correct1 !'plain.
SU??7ST7/ ANS873' "o, X is not correct. As
held in Buenaseda vs. Alavier, ..B C?A B=<.
under ection .= o# ?epublic Act "o. B99C, the
2mbudsman can place under preventive
suspension an% o##icer under his disciplinar%
authorit% pendin$ an investi$ation. The moment a
complaint is #iled with the 2mbudsman, the
respondent is under his authorit%. Con$ress
intended to empower the 2mbudsman to suspend
all o##icers, even i# the% are emplo%ed in other
o##ices in the &overnment. The words
WsubordinateW and Win his bureauW do not appear in
the $rant o# such power to the 2mbudsman.
<. Po;er o, Om-$"sm%n Over <is O,,ice
+nder the Constitution, the 2##ice o# the
2mbudsman is an independent bod%. As a
E-
SCHOOL OF LAW

$uarant% o# this independence, the 2mbudsman
has the power to appoint all o##icials and
emplo%ees o# the 2##ice o# the 2mbudsman, e'cept
his deputies. This power necessaril% includes the
power o# settin$, prescribin$ and administerin$ the
standards #or the o##icials and personnel o# the
2##ice.
To #urther ensure its independence, the
2mbudsman has been vested with the power o#
administrative control and supervision o# the 2##ice.
This includes the authorit% to or$ani>e such
directorates #or administration and allied services
as ma% be necessar% #or the e##ective dischar$e o#
the #unctions o# the 2##ice, as well as to prescribe
and approve its position structure and sta##in$
pattern. "ecessaril%, it also includes the authorit%
to determine and establish the *uali#ications,
duties, #unctions and responsibilities o# the various
directorates and allied services o# the 2##ice. This
must be so i# the constitutional intent to establish
an independent 2##ice o# the 2mbudsman is to
remain meanin$#ul and si$ni#icant. The Civil
ervice Commission has no power over this.
-D-
I. Cl%im o, Con,i"enti%lit*
!ven the claim o# con#identialit% will not prevent the
2mbudsman #rom demandin$ the production o#
documents needed #or the investi$ation.
-D.
In )lmonte v. 8asque5, $**6, the Court said that
where the claim o# con#identialit% does not rest on
the need to protect militar%, diplomatic or other
national securit% secrets but on $eneral public
interest in preservin$ con#identialit%, the courts have
declined to #ind in the Constitution an absolute
privile$e even #or the :resident.
-D/
)oreover, even in cases where matters are reall%
con#idential, inspection can be done in camera.
-D=
H. S#eci%l Prosec$tor
Section . The e'istin$ Tanodba%an shall herea#ter be 4nown
as the 2##ice o# the pecial :rosecutor. It shall continue to
#unction and e'ercise its powers as now or herea#ter ma% be
provided b% law, e'cept those con#erred on the 2##ice o# the
2mbudsman created under this Constitution.
This provision applies onl% to civil actions #or
recover% o# ill-$otten wealth and not to criminal
cases. Thus, prosecution o# o##enses arisin$ #rom,
relatin$, or incident to, or involvin$ ill-$otten wealth
in the said provision ma% be barred b% prescription.
1"1
Om&udsman v. CSC, :.2. 3o. 16221$, 5ul* 30, 2007.
1"2
1"3
1"4
(:residential Ad-hoc Aact Aindin$ Committee on
Behest 3oans v. Deseirto, -EEE)
HI. IllA)otten 8e%lt(
Section 15. The ri$ht o# the tate to recover properties
unlaw#ull% ac*uired b% public o##icials or emplo%ees, #rom them
or #rom their nominees or trans#erees, shall not be barred b%
prescription, laches, or estoppel.
This provision applies onl% to civil actions #or
recover% o# ill-$otten wealth and not to criminal
cases. Thus, prosecution o# o##enses arisin$ #rom,
relatin$, or incident to, or involvin$ ill-$otten wealth
in the said provision ma% be barred b% prescription.
(:residential Ad-hoc Aact Aindin$ Committee on
Behest 3oans v. Desierto, -EEE)
&' Does ection -< prevent the prescription o# the
crime1
A' "o. The ri$ht to prosecute criminall% can
prescribe.
-D<
+%r &$estion D2II2E
&aft and CouptionH Pes!iption of Cime
uppose a public o##icer has committed a violation
o# ection / (b) and (c) o# the Anti&ra#t and Corrupt
:ractices Act Z?A "o, /C-E), as amended, b%
receivin$ monetar% and other material
considerations #or contracts entered into b% him in
behal# o# the $overnment and in connection with
other transactions, as a result o# which he has
amassed ille$all% ac*uired wealth. (a) Does the
criminal o##ense committed prescribe1 (.S) (b)
Does the ri$ht o# the $overnment to recover the
ille$all% ac*uired wealth prescribe1 (/S)
SU??7ST7/ ANS873'
a) A violation o# ection /(b) and (c) o# the Anti-
&ra#t and Corrupt :ractices Act prescribes. As held
in :residential Ad-@oc Aact-Aindin$ Committee on
Behest 3oans v. Desierto, /-9 C?A .9. (-EEE),
Article XI, ection -< o# the Constitution does not
appl% to criminal cases #or violation o# the Anti-
&ra#t and Corrupt :ractices Act
(b) Article XI, ection -< o# the Constitution
provides that the ri$ht o# the tate to recover
properties unlaw#ull% ac*uired b% public o##icials or
emplo%ees, or #rom them or #rom their nominees or
trans#erees, shall not be bared b% prescription.
HII. 3estriction on 4in%nci%l Accomo"%tions
Section 16. "o loan, $uarant%, or other #orm o# #inancial
accommodation #or an% business purpose ma% be $ranted,
directl% or indirectl%, b% an% $overnment-owned or controlled
ban4 or #inancial institution to the :resident, the ;ice-
1"$
Bernas Primer at 4$1 (2006 ed.)
E.
SCHOOL OF LAW

:resident, the )embers o# the Cabinet, the Con$ress, the
upreme Court, and the Constitutional Commissions, the
2mbudsman, or to an% #irm or entit% in which the% have
controllin$ interest, durin$ their tenure.
HIII. Tr%ns#%renc* 3$le
Section 1. A public o##icer or emplo%ee shall, upon
assumption o# o##ice and as o#ten therea#ter as ma% be
re*uired b% law, submit a declaration under oath o# his assets,
liabilities, and net worth. In the case o# the :resident, the ;ice-
:resident, the )embers o# the Cabinet, the Con$ress, the
upreme Court, the Constitutional Commissions and other
constitutional o##ices, and o##icers o# the armed #orces with
$eneral or #la$ ran4, the declaration shall be disclosed to the
public in the manner provided b% law.
IX. Alle)i%nce to t(e St%te %n" t(e Constit$tion
Section 1!. :ublic o##icers and emplo%ees owe the tate and
this Constitution alle$iance at all times and an% public o##icer or
emplo%ee who see4s to chan$e his citi>enship or ac*uire the
status o# an immi$rant o# another countr% durin$ his tenure
shall be dealt with b% law.
&' )i$uel is a holder o# a 7$reen card8 entitlin$ him
to be a resident o# the +nited tates permanentl%.
In his application #or the card he put down his
intention to reside in the +nited tates
7permanentl%8. @e actuall% immi$rated to the
+nited tates in -ED= and thereb% assumed
alle$iance to the +nited tates. @e however
returned to the :hilippines in -ED9 to run #or ma%or
o# a municipalit%. Is Article XI, ection -D
applicable to him1 Does he have the necessar%
residence re*uirement1
A' Article XI, ection -D is not applicable because
it has re#erence to 7incumbents.8 0hat is applicable
is ection BD o# the 2mnibus !lection Code which
bars 7a permanent resident o# or an immi$rant to a
#orei$n countr%8 unless he waives his status as a
permanent resident o# the #orei$n countr%. The
mere #ilin$ o# a certi#icate o# candidac% is not the
re*uired waiver. It must be b% a special act done
be#ore #ilin$ a certi#icate o# candidac%. (Caasi v.
CA, -EEC)
X. Notes %n" Comments -* /omon"on on Article XI
1. Croni*ism which involves undul%
#avorin$ a cron% to the pre(udice o# public
interest is a #orm o# violation o# the oath o#
o##ice which constitute betra%al o# the public
trust.
.. An administrative o##icer $iven b%
statute the ran4 o# Iustice is not a member o#
the Iudiciar%, but o# the !'ecutive Department.
@e ma% there#ore be investi$ated b% the
2mbudsman. The upreme Court does not
have (urisdiction to investi$ate because it
would be violative o# the concept o# separation
o# powers. ("oble(as v. Tehan4ee, -EBD)
E/
SCHOOL OF LAW

Article XII
NATIONAL 7CONOML AN/
PAT3IMONL
I. &OALS O/ NATIONAL ECONOM; (ection
-)
II. NATURAL RESOURCES0RE&ALIAN
DOCTRINE (ections .)
III. LANDS O/ PU,LIC DOMAIN (ection /)
IV. CITIDENS@IP RE3UIREMENT
V. /OREST LANDS AND PARIS (ection =)
VI. ANCESTRAL LANDS AND ANCESTRAL
DOMAIN (ection <)
VII. STE<ARDS@IP CONCEPTH TRANS/ER
O/ LANDS(ection B,9, and D)
VIII.INDEPENDENT ECONOMIC AND
PLANNIN& A&ENC; (ection -9)
I=. /ILIPINIDATION O/ AREAS O/
INVESTEMENTS (ection -D)
=. PU,LIC UTILITIES (ection --)
=I. PRE/ERNTIAL USE O/ /ILIPINO LA,OR
(ection -.)
=II. TRADE POLIC; (ection -/)
=III. SUSTAINED DEVELOPMENT O/
@UMAN RESOURCEH PRACTICE O/
PRO/ESSION (ection -=)
=IV. COOPERATIVES (ection -<)
=V. &OCCS (ection -B)
=VI. TEMPORAR; STATE TAIE5OVER
(ection -9)
=VII. NATIONALIDATION O/ INDUSTRIES
(ection -D)
=VIII. MONOPOLIES (ection -E)
=I=. CENTRAL MONETAR; AUT@ORIT;
(ection .C)
==. /OREI&N LOANS (ection .-)
==I. PENAL SANCTIONS (ection ..)
I. ?o%ls o, N%tion%l 7conom*
Section 1. The $oals o# the national econom% are a more
e*uitable distribution o# opportunities, income, and wealth5 a
sustained increase in the amount o# $oods and services
produced b% the nation #or the bene#it o# the people5 and an
e'pandin$ productivit% as the 4e% to raisin$ the *ualit% o# li#e
#or all, especiall% the under-privile$ed.
The tate shall promote industriali>ation and #ull emplo%ment
based on sound a$ricultural development and a$rarian re#orm,
throu$h industries that ma4e #ull and e##icient use o# human
and natural resources, and which are competitive in both
domestic and #orei$n mar4ets. @owever, the tate shall protect
Ailipino enterprises a$ainst un#air #orei$n competition and
trade practices.
In the pursuit o# these $oals, all sectors o# the econom% and all
re$ions o# the countr% shall be $iven optimum opportunit% to
develop. :rivate enterprises, includin$ corporations,
cooperatives, and similar collective or$ani>ations, shall be
encoura$ed to broaden the base o# their ownership.
A. T(ree,ol" )o%l o, t(e n%tion%l econom*
-. )ore e*uitable distribution o# wealth5
.. Increase o# wealth #or the bene#it o# the
people5
/. Increased productivit%.
+. N%tion%l Polic* on In"$stri%liG%tion %n"
A)ric$lt$r%l /evelo#ment
0hat is envisioned is not necessaril% a$riculturall%
related industriali>ation but rather industriali>ation
that is a result o# releasin$ throu$h a$rarian re#orm
capital loc4ed up in land. There#ore, this does not
mean a hard-bound rule that a$ricultural
development must have priorit% over
industriali>ation. 0hat is envisioned is a #le'ible
and rational relationship between the two as
dictated b% the common $ood.
-DB

C. Me%nin) o, t(e P(r%se 1UN4AI3 4O37I?N
COMP7TITION AN/ T3A/7 P3ACTIC7S2
The phrase is not to be understood in a limited
le$al and technical sense but in the sense o#
an%thin$ that is harm#ul to :hilippine enterprises. At
the same time, however, the intention is not to
protect local ine##icienc%. "or is the intention to
protect local industries #rom #orei$n competition at
the e'pense o# the consumin$ public.
-D9
/. /eAcl%ssi,ic%tion o, ,orests reserves
The law on #orest reserves was amended b%
:rsidential Decree "o. B=/ dated -9 )a% -E9=.
0hereas under previous law the concurrence o#
the "ational Assembl% was needed to withdraw
#orest reserves #ound to be more valuable #or their
mineral contents than #or the purpose #or which the
reservation was made and convert the same into
non-#orest reserves, le$islative concurrence is no
lon$er needed. All that is re*uired is a
recommendation #rom the D!"? ecretar%
indicatin$ which #orest reservations are to be
withdrawn.
-DD
An unclassi#ied #orested area ma% not be ac*uired
b% continuous possession since it is inalienable.
-DE
1"6
1"7
1""
A!e# Mining v. Soutneast Mindanao Gold, :.2. 3o. 1$2613 C
3o. 1$262", 5une 23, 2006.
1"#
-e!u&lic v. .aguiat, :.2. 3o. 13420#. 5anuar* 24,
2006.
E=
SCHOOL OF LAW

II. N%t$r%l 3eso$rces.3e)%li%n /octrine
Section 2. All l%n"s o, t(e #$-lic "om%in, waters,
minerals, coal, petroleum, and other mineral oils, all #orces o#
potential ener$%, #isheries, #orests or timber, wildli#e, #lora and
#auna, %n" ot(er n%t$r%l reso$rces %re o;ne" -* t(e
St%te. 0ith the e'ception o# a$ricultural lands, all other
natural resources shall not be alienated. The e'ploration,
development, and utili>ation o# natural resources shall be
under the #ull control and supervision o# the tate. The tate
ma% directl% underta4e such activities, or it ma% enter into co-
production, (oint venture, or production-sharin$ a$reements
with Ailipino citi>ens, or corporations or associations at least
si't% per centum o# whose capital is owned b% such citi>ens.
uch a$reements ma% be #or a period not e'ceedin$ twent%-
#ive %ears, renewable #or not more than twent%-#ive %ears, and
under such terms and conditions as ma% be provided b% law.
In cases o# water ri$hts #or irri$ation, water suppl% #isheries, or
industrial uses other than the development o# water power,
bene#icial use ma% be the measure and limit o# the $rant.
The tate shall protect the nationPs marine wealth in its
archipela$ic waters, territorial sea, and e'clusive economic
>one, and reserve its use and en(o%ment e'clusivel% to Ailipino
citi>ens.
The Con$ress ma%, b% law, allow small-scale utili>ation o#
natural resources b% Ailipino citi>ens, as well as cooperative
#ish #armin$, with priorit% to subsistence #ishermen and #ish-
wor4ers in rivers, la4es, ba%s, and la$oons.
The :resident ma% enter into a$reements with #orei$n-owned
corporations involvin$ either technical or #inancial assistance
#or lar$e-scale e'ploration, development, and utili>ation o#
minerals, petroleum, and other mineral oils accordin$ to the
$eneral terms and conditions provided b% law, based on real
contributions to the economic $rowth and $eneral wel#are o#
the countr%. In such a$reements, the tate shall promote the
development and use o# local scienti#ic and technical
resources.
The :resident shall noti#% the Con$ress o# ever% contract
entered into in accordance with this provision, within thirt%
da%s #rom its e'ecution.
A. 3e)%li%n /octrine B@$r% 3e)%li%C
7The universal #eudal theor% that all lands 2ee
"eld fom t"e Co2nE ( Carino v. Insular
&overnment, -ECE)
(?eco$ni>ed in the -E/<, -E9/ and -ED9
Constitutions5 As adopted in a republican s%stem,
the medieval concept o# 1ura regalia has been
stripped o# re$alia overtones, ownership is vested
in the tate, not in the head o# the tate. (3ee
@on$ No4 v. David, =D C?A /9.)
-EC
1#0
+. Conse0$ence o, t(e 3e)%li%n /octrine in Section
2
An% person claimin$ ownership o# a portion o# the
public domain must be able to show title #rom the
state accordin$ to an% o# the reco$ni>ed modes o#
ac*uisition o# title. (3ee @on$ No4 v. David, =D
C?A /9.)
&' 0hen the re$alia doctrine was introduced into
the :hilippines b% coloni>ers, did the coloni>ers
strip the natives o# their ownership o# lands1
A' "o. 70hen as #ar bac4 as testimon% or memor%
$oes, the land has been held b% individuals under
a claim o# private ownership, it will be presumed
that to have been held in the same wa% #rom
be#ore the panish con*uest, and never to have
been public land.8 (Carino v. Insular &overnment,
-ECE)
C. Im#eri$m %n" /omini$m
In public law, there e'ists the well-4nown distinction
between $overnment authorit% possessed b% the
tate which is appropriatel% embraced in
soverei$nt%, and its capacit% to own or ac*uire
propert%. The #ormer comes under the headin$ o#
imperium, and the latter o# dominium. The use o#
the term dominium is appropriate with re#erence to
lands held b% the tate in its proprietar% character.
In such capacit%, it ma% provide #or the e'ploitation
and use o# lands and other natural resources,
includin$ their disposition, e'cept as limited b% the
Constitution.
-E-
/. Limits Im#ose" -* Section 2 on t(e @$r% 3e)%li%
o, t(e St%te.
-. 2nl% a$ricultural lands o# the public domain ma%
be alienated.
2. The e'ploration, development, and utili>ation o#
all natural resources shall be under the #ull
control and supervision o# the tate either b%
directl% underta4in$ such e'ploration,
development, and utili>ation or throu$h co-
production, (oint venture, or production-sharin$
a$reements with *uali#ied persons or
corporations.
/. All a$reements with the *uali#ied private sector
ma% be #or onl% a period not e'ceedin$ twent%-
#ive %ears, renewable #or another twent%-#ive
%ears. (The twent%-#ive %ear limit is not
applicable to 7water ri$hts #or irri$ation, water
suppl%, #isheries, or industrial uses other than
the development o# water power,8 #or which
7bene#icial use ma% be the measure and the
limit o# the $rant.8)
1#1
E<
SCHOOL OF LAW

=. The use and en(o%ment o# marine wealth o# the
archipela$ic waters, territorial sea, and
e'clusive economic >one shall be reserved #or
Ailipino citi>ens. (It would seem there#ore that
corporations are e'cluded or at least must be
#ull% owned b% Ailipinos.)
$. +tili>ation o# natural resources in rivers, la4es,
ba%s, and la$oons ma% be allowed on a 7small
scale8 Ailipino citi>ens or cooperatives- with
priorit% #or subsistence #ishermen and
#ishwor4ers. (The bias here is #or the protection
o# the little people.)
-E.
7. C%ses on 3e)%li%n /octrine

S$n-e%m Convenience 4oo" v. CA5 1!1 SC3A
443' 70e adhere to the ?e$alian Doctrine where
all a$ricultural, timber and mineral lands are
sub(ect to the dominion o# the tate.8 Thus, be#ore
an% land ma% be classi#ied #rom the #orest $roup
and converted into alienable or disposable land #or
a$ricultural or other purposes, there must be a
positive act #rom the &overnment. The mere #act
that a title was issued b% the Director o# 3ands
does not con#er ownership over the propert%
covered b% such title where the propert% is part o#
the public #orest.
3e#$-lic v. S%*o5 161 SC3A 1' It was held that
in the absence o# proo# that propert% is privatel%
owned, the presumption is that it belon$s to the
tate.
Thus, where there is no showin$ that the land had
been classi#ied as alienable be#ore the title was
issued, an% possession thereo#, no matter how
len$th%, cannot ripen into ownership. And all lands
not otherwise appearin$ to be clearl% within private
ownership are presumed to belon$ to the tate.
(eville v. "ational Development Compan%, .CC-)
Unite" P%r%c%le v. "e l% 3os%5 221 SC3A 1I!'
The Court said that consonant with ?e$alian
Doctrine, all lands not otherwise appearin$ to be
clearl% within private ownership are presumed to
belon$ to the tate. It is also on the basis o# this
doctrine that the tate has the power to control
minin$ claims, as provided in :D -.-=.
3e#$-lic v. 3e)ister o, /ee"s o, &$eGon5 244
SC3A 53' +nder the ?e$alian Doctrine, all lands
not otherwise clearl% appearin$ to be privatel%
owned are presumed to belon$ to the tate. In our
(urisdiction, the tas4 o# administerin$ and disposin$
lands o# the public domain belon$s to the Director
o# 3ands and, ultimatel%, the ecretar% o#
!nvironment and "atural ?esources. The
classi#ication o# public lands is, thus, an e'clusive
prero$ative o# the !'ecutive Department throu$h
the 2##ice o# the :resident. Courts have no
1#2
authorit% to do so. In the absence o# such
classi#ication, the land remains unclassi#ied public
land under released there#rom and rendered open
to disposition.
It$r%l"e v. 4%lc%s%ntos5 1666' Aorest land is nt
capable o# private appropriation and occupation in
the absence o# a positive act o# the $overnment
declassi#%in$ it into alienable or disposable land #or
a$ricultural purposes. Accordin$l%, where there is
%et no award or $rant to petitioner o# the land in
*uestion b% #ree patent or other wa%s o# ac*uisition
o# public land, petitioner cannot law#ull% claim
ownership o# the land. :ossession o# #orest lands,
however lon$, cannot ripen into private ownership.
4. 3ecl%ime" l%n"s
&' 0hat is the nature o# reclaimed #oreshore and
submer$ed lands1
A' The% are l%n"s o, #$-lic "om%in and, unless
classi#ied as alienable, ma% not be disposed o#.
&' Aor reclaimed land to be re$istered as private
propert% what is re*uired1
A' (-) There must be a proo# that the land had
been classi#ied as alienable5
(.) The person see4in$ re$istration must show
proo# o# havin$ ac*uired the propert% (e.$., b%
prescription). (?epublic v. !nciso, .CC<)
&' Could the :ublic !states Authorit% dispose o#
reclaimed lands1
A' In order #or :!A to sell its reclaimed #oreshore
and submer$ed alienable lands o# the public
domain, there must be le$islative authorit%
empowerin$ :!A to sell these lands. 0ithout such
le$islative authorit%, :!A could not sell but onl%
lease its reclaimed #oreshore and submer$ed
alienable lands o# the public domain.
"evertheless, an% le$islative authorit% $ranted to
:!A to sell its reclaimed alienable lands o# the
public domain would be sub(ect to the
constitutional ban on private corporations #rom
ac*uirin$ alienable lands o# the public domain.
@ence, such le$islative authorit% could onl% bene#it
private individuals. (Chave> v. :!A and A)A?I,
Iul% E, .CC.)
7?eclaimed lands o# the public domain i# sold or
trans#erred to a public or municipal corporation #or
a monetar% consideration become patrimonial
propert%O KandL ma% be soldO to private parties,
whether Ailipino citi>ens o# *uali#ied corporations.8
()a% B, .CC/ ?esolution)
&' 0hat is the nature o# the ?opon$$i propert% in
Iapan1
A' It is o# public dominion (unless it is convincin$l%
shown that the propert% has become patrimonial).
As propert% o# public dominion, the ?opon$$i lot is
outside the commerce o# man.
EB
SCHOOL OF LAW

Chavez v. NHA, G.R. No. 164527, August 15,
2007.
?eclaimed land is public land. Be#ore it can be
re$isted as private propert% is must be classi#ied as
alienable.
-E/
2nce classi#ied it becomes alienable.
A presidential proclamation is a su##icient
instrument #or classi#%in$ reclaimed land. Thus
when :resident A*uino issued )2 =-< conve%in$
the land covered b% the mo4e% )ountain
Dumpsite to the "ational @ousin$ Authorit% as well
as the area to be reclaimed across ?--C, the
cone%ance implicitl% carried with it the declaration
that said lands are alienable and disposable.
2therwise, the "@A could not e##ectivel% use them
in its housin$ and resettlement pro(ect. :resident
?amos made similar conve%ances to the "@A.
?A BE<9 as amended b% ?A 99-D provides ample
authorit% #or the classi#ication o# reclaimed land.
The #act that ?A BE<9 as modi#ied b% ?A 99-D
declared that t reclaimed lands that shall serve as
pa%ment to the pro(ect proponent alread% implies
that the the land has been classi#ied. This
conclusion is necessar% #or how else can the land
be used as the enablin$ component #or the :ro(ect
i# such classi#ication is not deemed made.
0e ruled in @C) that 7alienable lands o# public
domain must be trans#erred to *uali#ied private
parties, or to $overnment entities not tas4ed to
dispose o# public lands, be#ore these lands can
become private or patrimonial lands (emphasis
supplied).8 To lands reclaimed b% :!A or throu$h
a contract with a private person or entit%, such
reclaimed lands still remain alienable lands o#
public domain which can be trans#erred onl% to
Ailipino citi>ens but not to a private corporation.
This is because :!A under :D -CD= and !2 <.<
is tas4ed to hold and dispose o# alienable lands o#
public domain and it is onl% when it is trans#erred to
Ailipino citi>ens that it becomes patrimonial
propert%.
2n the other hand, the "@A is a $overnment
a$enc% not tas4ed to dispose o# public lands under
its charterTThe ?evised Administrative Code o#
-ED9. The "@A is an 7end-user a$enc%8
authori>ed b% law to administer and dispose o#
reclaimed lands. The moment titles over reclaimed
lands based on the special patents are trans#erred
to the "@A b% the ?e$ister o# Deeds, the% are
automaticall% converted to patrimonial properties o#
the tate which can be sold to Ailipino citi>ens and
private corporations, BCS o# which are owned b%
Ailipinos. The reason is obvious, i# the reclaimed
land is not converted to patrimonial land once
trans#erred to "@A, then it would be useless to
trans#er it to the "@A since it cannot le$all% trans#er
1#3
-e!u&lic v. "nciso, :.2. 16014$, 3o)em'er 11, 200$.
or alienate lands o# public domain. )ore
importantl%, it cannot attain its avowed purposes
and $oals since it can onl% trans#er patrimonial
lands to *uali#ied bene#iciaries and prospective
bu%ers to raise #unds #or the )D?:.

Arom the #ore$oin$ considerations, we #ind that the
9E-hectare reclaimed land has been declared
alienable and disposable land o# the public domain5
and in the hands o# "@A, it has been reclassi#ied
as patrimonial propert%.
-E=
?. 7>#lor%tion5 /evelo#ment %n" UtiliG%tion o,
In%lien%-le 3eso$rces.
7The e'ploration, development, and utili>ation o# natural
resources shall be under the #ull control and supervision
o# the tate. The tate ma% directl% underta4e such
activities, or it ma% enter into co-production, (oint venture,
or production-sharin$ a$reements with Ailipino citi>ens, or
corporations or associations at least si't% per centum o#
whose capital is owned b% such citi>ensO8
&' ection . spea4s o# 7co-production, (oint
venture, or production sharin$ a$reements8 as
modes o# e'ploration, development, and utili>ation
o# inalienable lands. Does this e##ectivel% e'clude
the lease s%stem1
A' Jes, with respect to mineral and #orest lands.
(A$ricultural lands ma% be sub(ect o# lease)
-E<
&' 0ho are *uali#ied to ta4e part in the e'ploration,
development and utili>ation o# natural resources1
A' Ailipino citi>ens and corporations or associations
at least si't% percent o# whose capital is owned b%
Ailipino citi>ens. ("ote however, that as to marine
wealth, onl% Ailipino citi>ens are *uali#ied. This is
also true o# natural resources in rivers, ba%s, la4es
and la$oons, but with allowance #or
cooperatives.)
-EB
&' I# natural resources, e'cept a$ricultural land,
cannot be alienated, how ma% the% be e'plored,
developed, or utili>ed1
A' (-) Direct underta4in$ o# activities b% the tate
or
(.) Co-production, (oint venture, or production-
sharin$ a$reements with the tate and all 7under
the #ull control and supervision o# the tate.8

&' )a% the tate enter into service contracts with
#orei$n owned corporations1
A' Jes, but sub(ect to the strict limitations in the
last two para$raphs o# ection .. Ainancial and e
technical a$reements are a #orm o# service
contract. uch service contacts ma% be entered
into onl% with respect to minerals, petroleum, and
other mineral oils. The $rant o# such service
contracts is sub(ect to several sa#e$uards, amon$
1#4
C(avez v. .*A, :.2. 3o. 164$27, 0u(ust 1$, 2007.
1#$
1#6
Bernas Primer at 4$# (2006 ed.)
E9
SCHOOL OF LAW

them, (-) that the service contract be cra#ted in
accordance with a $eneral law settin$ standard o#
uni#orm terms, conditions and re*uirements5 (.) the
:resident be the si$nator% #or the $overnment5 and
(/) the :resident report the e'ecuted a$reement to
Con$ress within thirt% da%s. (3a Bu$al BHlaan Tribal
Assoc., .CC=, ?econsideration, .CC<)
&' 0hen technical and #inancial assistance
a$reement is entered into under ection ., can it
include some mana$ement role #or the #orei$n
corporation1
A' Jes. 0hile the Constitution mentions onl%
#inancial and technical assistance the% necessaril%
include the mana$erial e'pertise needed in the
creation and operation o# the lar$e-scale
minin$Ge'tractive enterprise, but the $overnment
throu$h its a$encies (D!"?G)&B) must activel%
e'ercises #ull control and supervision over the
entire enterprise. (3a Bu$al BHlaan Tribal Assoc.,
.CC=, ?econsideration, .CC<)
<. M%rine 8e%lt(
Article XII, ection ., 7OThe tate shall protect the
nationPs marine wealth in its archipela$ic waters,
territorial sea, and e'clusive economic >one, and
reserve its use and en(o%ment e'clusivel% to
Ailipino citi>ens. '''8
Article XII, ection ., 7The Con$ress ma%, b% law,
allow small-scale utili>ation o# natural resources b%
Ailipino citi>ens, as well as cooperative #ish
#armin$, with priorit% to subsistence #ishermen and
#ish- wor4ers in rivers, la4es, ba%s, and la$oons. 7
M%r)in%l 4is(erm%n' A mar$inal #isherman is
de#ined as an individual en$a$ed in #ishin$ b%
e'istin$ price levels, is barel% su##icient to %ield a
pro#it or cover the cost o# $atherin$ the #ish while a
7subsistence8 #isherman is one whose catch %ields
but the irreducible minimum to his livelihood.
ection -/- o# the 3ocal &overnment Code de#ines
a 7mar$inal #armer or #isherman8 as one en$a$ed
in subsistence #armin$ or #ishin$, which shall be
limited to the sale, barter or e'chan$e o#
a$ricultural or marine products produced b% himsel#
and his immediate #amil%. The pre#erential ri$ht
$ranted to them is not absolute. (Tano v. ocrates,
-EE9)
4. 4in%nci%l %n" Tec(nic%l A)reements
The -ED9 Constitution did not completel% do awa%
with service contracts5 but now their scope has
been limited and are now called #inancial and
technical a$reements and he% ma% be entered into
with #orei$n corporations. The $rant o# such service
contracts is sub(ect to several sa#e$uards, amon$
them, (-) that the service contract be cra#ted in
accordance with a $eneral law settin$ standard or
uni#orm terms, conditions and re*uirements5 (.) the
:resident be the si$nator% #or the $overnment5 and
(/) the :resident report the e'ecuted a$reement to
Con$ress within thirt% da%s.
-E9
Aorei$n contractors ma% provide not (ust capital,
techonolo$% and technical 4now-how but also
mana$erial e'pertise to the e'tent needed #or the
creation and operation o# the lar$e-scale
minin$Ge'tractive enterprise. But the $overnment,
throu$h its a$encies (D!"?, )&B) must activel%
e'ercises #ull control and supervision over the
entire enterprise.
-ED
III. L%n"s o, P$-lic /om%in
Section 3. 3ands o# the public domain are classi#ied into
a$ricultural, #orest or timber, mineral lands and national par4s.
A$ricultural lands o# the public domain ma% be #urther
classi#ied b% law accordin$ to the uses to which the% ma% be
devoted. Alienable lands o# the public domain shall be limited
to a$ricultural lands. :rivate corporations or associations ma%
not hold such alienable lands o# the public domain e'cept b%
lease, #or a period not e'ceedin$ twent%-#ive %ears, renewable
#or not more than twent%-#ive %ears, and not to e'ceed one
thousand hectares in area. Citi>ens o# the :hilippines ma%
lease not more than #ive hundred hectares, or ac*uire not
more than twelve hectares thereo#, b% purchase, homestead,
or $rant.
Ta4in$ into account the re*uirements o# conservation, ecolo$%,
and development, and sub(ect to the re*uirements o# a$rarian
re#orm, the Con$ress shall determine, b% law, the si>e o# lands
o# the public domain which ma% be ac*uired, developed, held,
or leased and the conditions there#or.
Cl%ssi,ic%tion o, P$-lic L%n"s. The classi#ication
o# public lands is a #unction o# the e'ecutive branch
o# $overnment, speci#icall% the Director o# 3ands,
now the Director o# the 3and )ana$ement Bureau.
The decision o# the Director, when approved b% the
ecretar% o# the Department o# !nvironment and
"atural ?esources, as to *uestions o# #act, is
conclusive upon the courts. (?epublic v. Imperial,
-EEE)
The prero$ative o# classi#%in$ public lands pertains
to administrative a$encies which have been
speciall% tas4ed b% statutes to do so and the courts
1#7
a Bugal B/laan 0ri&al Assoc. D.32, :.2. 3o. 127""2,
<ecem'er 1, 2004. (-n 2econsideration) and Ae'ruar* 1, 200$.
1#"
%d.
ED
SCHOOL OF LAW

will not inter#ere on matters which are addressed to
the sound discretion o# $overnment andGor *uasi-
(udicial a$encies entrusted with the re$ulation o#
activities comin$ under their special technical
4nowled$e and trainin$.
-EE
&' 0ho ma% chan$e the classi#ication o# public
lands, e.$., #rom inalienable to alienable, and how
is the classi#ication done1
A' The classi#ication o# public lands is the e'clusive
prero$ative o# the :resident upon recommendation
o# the pertinent department head. (CA "o. -=-)
&' Does the classi#ication o# land chan$e
automaticall% when the nature o# the land
chan$es1
A' "o. A positive act o# the e'ecutive is needed.
An%one who claims that the classi#ication has been
chan$ed must be able to show the positive act o#
the :resident indicatin$ such positive act. The
classi#ication is descriptive o# its le$al nature and
not o# what the land actuall% loo4s li4e. @ence, #or
instance, that a #ormer #orest has been denuded
does not b% the #act meant that it has ceased to be
#orest land. (Director o# 3ands v. Iud$e A*uino,
-EEC)
&' Can a land have a mi'ed classi#ication, e.$.,
partl% mineral, partl% a$ricultural1
A' "o. 7The Court #eels that the ri$hts over the land
are indivisible and that the land itsel# cannot be hal#
a$ricultural and hal# mineral.(?epublic v. CA)
Alien%-le l%n"s o, t(e #$-lic "om%in s(%ll -e
limite" to %)ric$lt$r%l l%n"s. It was determined
that the lands sub(ect o# the decree o# the Court o#
Airst Instance were not alienable lands o# the public
domain, bein$ part o# the reservation #or provincial
par4 purposes and thus part o# the #orest >one.
Aorest land cannot be owned b% private persons5
its is not re$istrable, and possession thereo#, no
matter how len$th%, cannot convert it into private
land, unless the land is reclassi#ied and considered
disposable and alienable.
Aoreshore land is that part o# the land which is
between the hi$h and low water, and le#t dr%
b% the #lu' and re#lu' o# the tides. It is part o#
the alienable land o# the public domain and
ma% be disposed o# onl% b% lease and not
otherwise. (?epublic v. Imperial, -EEE)
Priv%te cor#or%tions or %ssoci%tions m%* not
(ol" s$c( %lien%-le l%n"s o, t(e #$-lic "om%in
e>ce#t -* le%se. In Director of ;ands v. 2)C and
)cme @l%"ood L8eneer Co., $47 SC() 60*, the
upreme Court declared that the -E9/ Constitution
cannot impair vested ri$hts. 0here the land was
ac*uired in -EB. when corporation were allowed to
ac*uire lands not e'ceedin$ -,C.= hectares, the
same ma% be re$istered in -ED., despite the
1##
-e!u&lic v. Mendoza, :2 1$3727. &arch 2", 2007.
constitutional prohibition a$ainst corporations
ac*uirin$ lands o# the public domain. This is the
controllin$ doctrine toda%.
The -ED9 Constitution prohibits private
corporations #rom ac*uirin$ alienable lands o#
the public domain. )mari bein$ a private
corporation, is barred #rom such ac*uisition.
The :ublic !states Authorit% (:!A) is not an
end user a$enc% with respect to the reclaimed
lands under the amended Ioint ;enture
A$reement, and :!A ma% simpl% turn around
and trans#er several hundreds o# hectares to a
sin$le private corporation in one transaction.
(Chave> v. :!A, .CC/)
&' 0hen does land o# the public domain become
private land1
A' 0hen it is ac*uired #rom the $overnment either
b% purchase o# b% $rant. (As held in 4 Co v.
Director of ;ands, 9< :hil EDC, 7all lands that were
not ac*uired #rom the &overnment, either b%
purchase or b% $rant, belon$ to the public domain.
An e'ception to the rule would be an% land that
should have been in the possession o# an occupant
and o# his predecessors-in-interest since time
immemorial, #or such possession would (usti#% the
presumption that the land had never been part o#
the public domain or that it had been private
propert% even be#ore the panish con*uest.8)
&' Can prescription trans#orm public land into private
land1
A' Jes, i# it is alienable land. (72pen, e'clusive and
undisputed possession o# alienable public land #or the
period prescribed b% law creates the le$al #iction whereb%
the land, upon completion o# the re*uisite period ipso 1ure
and without need o# (udicial or other sanction, ceases to
be public land and becomes private propert%. uch open,
continuous, e'clusive and notorious occupation o# the
disputed properties #or more than /C %ears must,
however, be concl$sivel* established. This *uantum o#
proo# is necessar% to avoid erroneous validation o#
actuall% #ictitious claims or possession over the propert%
in dispute. (an )i$uel Corporation v. CA, -EEC)
&' In computin$ the thirt%-%ear period #or ac*uisitive
prescription under ection =E(E) o# the :ublic 3and 3aw,
can the period be#ore the land (e.$. #orest land) is
converted into alienable public land be included1
A' "2. The thirt%-%ear period onl% be$ins to toll onl% #rom
the time the land is converted into alienable land.
(Almeda v. CA, -EE-)
&' Do minin$ claims ac*uired, re$istered, per#ected, and
patentable under the 2ld )inin$ 3aw mature to private
ownership that would entitle the claimant to the ownership
thereo#1
A' 7)ere location does not mean absolute ownership
over the a##ected land or the minin$ claim. It merel%
se$re$ates the located land or area #orm the public
domain b% barrin$ other would-be locators #rom locatin$
the same and appropriatin$ #or themselves the minerals
#ound therein. To rule otherwise would impl% that location
is all that is needed to ac*uire and maintain ri$hts over a
EE
SCHOOL OF LAW

located minin$ claim. This, we cannot approve or
sanction because it is contrar% to the intention o# the
lawma4er that the locator should #aith#ull% and
consistentl% compl% with the re*uirements #or annual wor4
and improvements in the located minin$ claims.8 (Director
o# 3ands v. Nalahi Investments, -EDE)
&' )a% aliens lease land o# the public domain1
A' "o, because that would en(o% en(o%ment o# the
natural resources o# the public domain.
&' )a% an alien lease a private land1
A' Jes. A lease to an alien #or a reasonable period
is valid. o is an option $ivin$ an alien the ri$ht to
bu% the real propert% on condition he is $ranted
:hilippine citi>enship.
IH. CitiGens(i# 3e0$irement
Co-production, (oint venture
or production sharin$
a$reements K#or e'ploration,
development and utili>ation o#
natural resourcesL
Ailipino citi>ens or
Corporations or associations
at least BCS o# whose capital
is Ailipino owned. (Art. XII,
ection .)
"ote,A$reements shall not
e'ceed a period o# .< %ears,
renewable #or anther .<
%ears.
+se and en(o%ment o# the
nationHs marine wealth in its
archipela$ic waters, territorial
sea and e'clusive economic
>one Z:D -<EEL5 +"
Convention on the 3aw o# the
ea (rati#ied b% ?: in Au$ust,
-ED/)L
!'clusivel% #or Ailipino
Citi>ens (Art. XII, ection .)
Alienable lands o# the public
domain Kwhich shall be
limited to a$ricultural landsL,
2nl% #or Ailipino citi>ens ma%
ac*uire not more than -.
hectares b% purchase,
homestead or $rant5 or lease
not more than <CC hectares.
:rivate corporations ma%
lease not more than -,CCC
hectares #or .< %ears,
renewable #or another .<
%ears.
Certain areas o# investment
Kas Con$ress shall provide
when the national interest so
dictatesL
See )nne0 $-Si0t (egular
Foreign 2nvestment .egative
;ist, ;ists ) and ?)
?eserved #or Ailipino citi>ens
or corporations BCS o# whose
capital is Ailipino owned,
althou$h Con$ress ma%
prescribe a hi$her percenta$e
o# Ailipino ownership (Art. XII,
ection -C)
Aranchise, certi#icate or an%
other #orm o# authori>ation #or
the operation o# a public
utilit%.
2nl% to citi>ens o# the
:hilippines or corporations at
least BCS o# whose capital is
Ailipino owned. (Art. XII,
ection --)
H. 4orest L%n"s %n" P%r9s
Section 4. The Con$ress shall, as soon as possible,
determine, b% law, the speci#ic limits o# #orest lands and
national par4s, mar4in$ clearl% their boundaries on the $round.
Therea#ter, such #orest lands and national par4s shall be
conserved and ma% not be increased nor diminished, e'cept
b% law. The Con$ress shall provide #or such period as it ma%
determine, measures to prohibit lo$$in$ in endan$ered #orests
and watershed areas.
HI. Ancestr%l L%n"s %n" Ancestr%l /om%in
Section 5. The tate, sub(ect to the provisions o# this
Constitution and national development policies and pro$rams,
shall protect the ri$hts o# indi$enous cultural communities to
their ancestral lands to ensure their economic, social, and
cultural well-bein$.
The Con$ress ma% provide #or the applicabilit% o# customar%
laws $overnin$ propert% ri$hts or relations in determinin$ the
ownership and e'tent o# ancestral domain.
HII. Ste;%r"s(i# Conce#tJ Tr%ns,er o, L%n"s
Section 6. The use o# propert% bears a social #unction, and all
economic a$ents shall contribute to the common $ood.
Individuals and private $roups, includin$ corporations,
cooperatives, and similar collective or$ani>ations, shall have
the ri$ht to own, establish, and operate economic enterprises,
sub(ect to the dut% o# the tate to promote distributive (ustice
and to intervene when the common $ood so demands.
Section . ave in cases o# hereditar% succession, no private
lands shall be trans#erred or conve%ed e'cept to individuals,
corporations, or associations *uali#ied to ac*uire or hold lands
o# the public domain.
Section !. "otwithstandin$ the provisions o# ection 9 o# this
Article, a natural-born citi>en o# the :hilippines who has lost
his :hilippine citi>enship ma% be a trans#eree o# private lands,
sub(ect to limitations provided b% law.
A. Ste;%r"s(i# Conce#t
ee ection B.
+. Priv%te L%n"s
1. 3$le %n" 7>ce#tions
3UL7' "o private lands shall be trans#erred or
conve%ed e'cept to individuals, corporations, or
-CC
SCHOOL OF LAW

associations *uali#ied to ac*uire or hold lands o#
the public domain.
7XC7PTIONS'
-. @ereditar% uccession (This does not appl% to
testamentar% dispositions, ?amire> v. ;da. De
?amire>, --- C?A 9=C)
.. A natural born citi>en o# the :hilippines who
has lost his :hilippine citi>enship ma% be a
trans#eree o# private lands (ection D, Article
XII)
/. Americans hold valid title to private
lands as a$ainst private persons
No #riv%te l%n"s s(%ll -e tr%ns,erre" or
conve*e" e>ce#t to in"ivi"$%ls5 cor#or%tions5
or %ssoci%tions 0$%li,ie" to %c0$ire or (ol"
l%n"s o, t(e #$-lic "om%in.
An% sale or trans#er in violation o# the prohibition is
null and void. In 4ng Cing @o v. C), 2/* SC()
/4$, it was held that even i# the petitioner proves
that the Deed o# ale in his #avor is in e'istence
and dul% e'ecuted, nonetheless, bein$ an alien,
petitioner is dis*uali#ied #rom ac*uirin$ and ownin$
real propert%.
4renGel v. C%tito5 2II3' The upreme Court
said that inasmuch as the petitioner is an alien,
he is dis*uali#ied #orm ac*uirin$ and ownin$
lands in the :hilippines. The sale o# three
parcels o# lands was null and void. "either can
the petitioner recover the mone% he had spent
#or the purchase thereo#. !*uit%, as a rule will
#ollow the law, and will not permit to be done
indirectl% that which, because o# public polic%,
cannot be done directl%.
An %ction to recover t(e #ro#ert* sol" ,ile" -*
t(e ,ormer o;ner ;ill lie. (The pari delicto rule
has been abandoned as earl% as :BC v. 3ui he,
.- C?A <., where the upreme Court declared
that a lease #or EE %ears, with a <C-%ear oprtion to
purchase the propert% i# and when 0on$ @en$
would be naturali>ed, is a virtual surrender o# all
ri$hts incident to ownership, and there#ore, invlaid.)
3and sold to an alien which was later trans#erred to
a Ailipino citi>enTor where the alien later becomes
a Ailipino citi>enTcan no lon$er be recovered b%
the vendor, because there is no lon$er an% public
polic% involved. (?epublic v. IAC, -9< C?A /ED5
@alili v. CA, -EE95 3ee v. Director o# 3ands, .CC-)
A n%t$r%l -orn citiGen o, t(e P(ili##ines ;(o
(%s lost (is P(ili##ine citiGens(i# m%* -e %
tr%ns,eree o, #riv%te l%n"s5 s$-:ect to
limit%tions #rovi"e" -* l%;.
Thus, even i# private respondents were alread%
Canadians when the% applied #or re$istration o# the
properties in *uestion, there could be no le$al
impediment #or the re$istration thereo#, considerin$
that it is undisputed that the% were #ormerl% natural-
born citi>ens. (?epublic v. CA, ./< C?A B<9)
?A D-9E provides that natural-born Ailipino citi>en
ma% ac*uire to a ma'imum area o# private land to
<,CCC s*uare meters #or urban land and / hectares
#or rural land. Aurthermore, such land ma% now be
used #or business and #or other purposes.
Americ%ns (ol" v%li" title to #riv%te l%n"s %s
%)%inst #riv%te #ersons.
A previous owner ma% no lon$er recover the land
#rom an American bu%er who succeeded in
obtainin$ title over the land. 2nl% the tate has the
superior ri$ht to the land, throu$h the institution o#
esceat proceedings Kas a conse*uence o# the
violation o# the ConstitutionL, or throu$h an action
for reversion Kas e'pressl% authori>ed under the
:ublic 3and Act with respect to lands which
#ormerl% #ormed part o# the public domainL.
2. 3eme"ies to 3ecover Priv%te L%n" ,rom
/is0$%li,ie" Alien
-. !scheat :roceedin$s
.. Action #or ?eversion under the :ublic 3and Act
3. An action #or recover% #iled b% the #ormer
Ailipino owner (unless the land is sold to an
American citi>en prior to Iul% /, -E9= and the
American citi>en obtained title thereto.
Action ,or reversion $n"er t(e P$-lic L%n" Act.
The Director o# 3ands has the authorit% and the
speci#ic dut% to conduct investi$ations o# alle$ed
#raud in obtainin$ #ree patents and the
correspondin$ titles to alienable public lands, and ,
i# #acts disclosed in the investi$ation warrant, to #ile
the correspondin$ court action #or reversion o# the
land to the tate. (?epublic v. CA, -9. C?A -)
The action o# the tate #or reversion to the public
domain o# land #raudulentl% $ranted to private
individuals is imprescriptible. (Ba$uio v. ?epublic,
-EEE)
But it is the tate alone which ma% institute
reversion proceedin$s a$ainst public lands
alle$edl% ac*uired throu$h #raud and
misrepresentation pursuant to ection -C- o# the
:ublic 3and Act. :rivate parties are without le$al
standin$ at all to *uestion the validit% o# the
respondentHs title (+r*ui$a v. CA, -EEE)
Thus, in &anBiBo v. Ce5ar, $***, it was held that
where the propert% in dispute is still part o# the
public domain, onl% the tate can #ile suit #or
reconve%ance o# such public land. ?espondents,
who are merel% applicants #or sales patent thereon,
are not proper parties to #ile an action #or
reconve%ance.
-C-
SCHOOL OF LAW

The tate can be put in estoppels b% the
mista4es or errors o# its o##icials or a$ents.
!stoppel a$ainst the tate is not #avored5 it
ma% be invo4ed onl% in rare and unusual
circumstances as it would operate to de#eat
the e##ective operation o# a polic% adopted to
protect the public. @owever, the tate ma% not
be allowed to deal dishonorabl% or capriciousl%
with its citi>ens.
In (epublic v. C), $*** because #or nearl% .C
%ears startin$ #rom the issuance o# the titles I
n-EEB to the #ilin$ o# the complaint in -ED<, the
tate #ailed to correct and recover the alle$ed
increase in the land area o# the titles issued,
the prolon$ed inaction stron$l% militates
a$ainst its cause, tantamount to laces, which
means the 7#ailure or ne$lect, #or an
unreasonable and une'pected len$th o# time,
to do that which b% e'ercisin$ due dili$ence
could or should have been done earlier.8 It is
ne$li$ence or omission to assert a ri$ht within
a reasonable time, warrantin$ a presumption
that the part% entitled to assert it either
abandoned it or declined to assert it.
4orei)n cor#or%tions %n" l%n". A #orei$n
corporation ma% bu% shares in e'cess o# =CS o#
the shares o# the corporation. But the e##ect would
be that the corporation it bu%s into would lose its
status as a Ailipino corporation and its capacit% to
hold private land.
.CC
It should be noted, however, that the prohibition in
the Constitution on aliens applies onl% to ownership
o# land. It does not e'tend to all immovable or real
propert% as de#ined under Article =-< o# the Civil
Code, that is, those which are considered
immovable #or bein$ attached to land, includin$
buildin$s and construction o# all 4ind attached to
the soil.
.C-
Hiol%tion -* %liens. An attempt b% an alien to
circumvent to prohibition on alien ac*uisition o#
land can have dire conse*uences #or such alien.
Thus an alien ma% not be reimbursed #or the
mone% he $ave to his wi#e to purchase land and
build a house.. +pon the dissolution o# the
communit% o# propert% the alien reimbursement in
e*uit% on the theor% that )aria merel% held the
propert% in trust. To claim e*uit% he must come
with clean hands. Nlaus 4new he was violatin$ the
law when he purchased the land.
.C.
HIII. In"e#en"ent 7conomic %n" Pl%nnin) A)enc*
200
).G. Summit v. C.A., :.2. 3o. 1242#3. 5anuar* 31, 200$
201
).G. Summit v. C.A., :.2. 3o. 1242#3. 5anuar* 31, 200$
202
Muller v. Muller, :.2. 3o. 14#61$, 0u(ust 2#, 2006.
Section 6. The Con$ress ma% establish an independent
economic and plannin$ a$enc% headed b% the :resident,
which shall, a#ter consultations with the appropriate public
a$encies, various private sectors, and local $overnment units,
recommend to Con$ress, and implement continuin$ inte$rated
and coordinated pro$rams and policies #or national
development.
+ntil the Con$ress provides otherwise, the "ational !conomic
and Development Authorit% shall #unction as the independent
plannin$ a$enc% o# the $overnment.
IX. 4ili#iniG%tion o, Are%s o, Investments
Section 1I. The Con$ress shall, upon recommendation o# the
economic and plannin$ a$enc%, when the national interest
dictates, reserve to citi>ens o# the :hilippines or to
corporations or associations at least si't% per centum o# whose
capital is owned b% such citi>ens, or such hi$her percenta$e
as Con$ress ma% prescribe, certain areas o# investments. The
Con$ress shall enact measures that will encoura$e the
#ormation and operation o# enterprises whose capital is wholl%
owned b% Ailipinos.
In the $rant o# ri$hts, privile$es, and concessions coverin$ the
national econom% and patrimon%, the tate shall $ive
pre#erence to *uali#ied Ailipinos.
The tate shall re$ulate and e'ercise authorit% over #orei$n
investments within its national (urisdiction and in accordance
with its national $oals and priorities.
M%nil% Prince <otel v. ?SIS5 2 SC3A 4I!' The
upreme Court said that the term 7patrimon%8
pertains to herita$eTand #or over ei$ht decades,
the )anila @otel has been mute witness to the
triumphs and #ailures, loves and #rustrations o# the
Ailipino5 its e'istence is impressed with public
interest5 its own historicit% associate with our
stru$$le #or soverei$nt%, independence and
nationhood. ;eril%, the )anila @otel has become
part o# our national econom% and patrimon%, and
<- S o# its e*uit% comes within the purview o# the
constitutional shelter, #or it comprises the ma(orit%
and controllin$ stoc4. Conse*uentl%, the Ailipino
Airst polic% provisions is applicable. Aurthermore,
the upreme Court said that this provision is a
positive command which is complete in itsel# and
needs no #urther $uidelines or implementin$ rules
or laws #or its operation. It is per se en#orceable. It
means precisel% that Ailipinos should be pre#erred
and when the Constitution declares that a ri$ht
e'ists in certain speci#ied circumstances, an action
ma% be maintained to en#orce such ri$ht.
X. P$-lic Utilities
-C.
SCHOOL OF LAW

Section 11. "o #ranchise, certi#icate, or an% other #orm o#
authori>ation #or the operation o# a public utilit% shall be
$ranted e'cept to citi>ens o# the :hilippines or to corporations
or associations or$ani>ed under the laws o# the :hilippines, at
least si't% per centum o# whose capital is owned b% such
citi>ens5 nor shall such #ranchise, certi#icate, or authori>ation
be e'clusive in character or #or a lon$er period than #i#t% %ears.
"either shall an% such #ranchise or ri$ht be $ranted e'cept
under the condition that it shall be sub(ect to amendment,
alteration, or repeal b% the Con$ress when the common $ood
so re*uires. The tate shall encoura$e e*uit% participation in
public utilities b% the $eneral public. The participation o# #orei$n
investors in the $overnin$ bod% o# an% public utilit% enterprise
shall be limited to their proportionate share in its capital, and
all the e'ecutive and mana$in$ o##icers o# such corporation or
association must be citi>ens o# the :hilippines.
A #ranchise, certi#icate or authori>ation shall not be
e'clusive nor #or a period more than <C %ears, and
shall be sub(ect to amendment, alteration or repeal
b% Con$ress. All e'ecutive and mana$in$ o##icers
must Ailipino citi>ens. In @ilipino &elepone
Corporation v. .(C, 200/, it was held that a
#ranchise to operate a public utilit% is not an
e'clusive private propert% o# the #ranchisee. "o
#ranchisee can demand or ac*uire e'clusivitl% in
the operation o# a public utilit%. Thus, a #ranchisee
cannot complain o# sei>ure or ta4in$ o# propert%
because o# the issuance o# another #ranchise to a
competitor.
ee )lbano v. (e%es, $,6 SC() 274, where the
upreme Court said that Con$ress does not have
the e'clusive power to issue such authori>ation.
Administrative bodies, e.$. 3TA?B, !?B, etc., ma%
be empowered to do so.
In @ilippine )irlines v. Civil )eronautics ?oard,
$**, where it was held that ection -C, ?A 99B,
reveals the clear intent o# Con$ress to dele$ate the
authorit% to re$ulate the issuance o# a license to
operate domestic air transport services.
In Gnited ?roadcasting .et"orBs v. .ational
&elecommunications Commission, 200/- the
upreme Court ac4nowled$ed that there is a trend
towards dele$atin$ the le$islative power to
authori>e the operation o# certain public utilities to
administrative a$encies and dispensin$ with the
re*uirement o# a con$ressional #ranchise.
@owever, in this case, it was held that in view o#
the clear re*uirement #or a le$islative #ranchise
under :D <9B-A, the authori>ation o# a certi#icate o#
public convenience b% the "TC #or the petitioner to
operate television Channel .< does not dispense
with the need #or a #ranchise.
T%t%" v. ?%rci%' The Constitution, in no uncertain
terms, re*uires a #ranchise #or the operation o#
public utilities. @owever, it does not re*uire a
#ranchise be#ore one can own the #acilities needed
to operate a public utilit% so lon$ as it does not
operate them to serve the public. 0hat private
respondent, in this case, owns are rail trac4s,
rollin$ stoc4s li4e coaches, rail stations, terminals
and power plant, not public utilit%. 0hat constitute a
public utilit% is not their ownership but their use to
the public.
+%)%tsin) v. Committee on Priv%tiG%tion' The
Court held that :etron is not a public utilit%5 hence
there is no merit to petitionerHs contention that the
sale o# the bloc4 o# shares to Aramco violated
Article XII, ection -- o# the Constitution. A public
utilit% is one or$ani>ed 7#or hire or compensation8 to
serve the public, which is $iven the ri$ht to demand
its service. :etron is not en$a$ed in oil re#inin$ #or
hire or compensation to process the oil o# other
parties.
@? S$mmit <ol"in)s v. CA5 2II3' A public utilit%
is a business or service en$a$ed in re$ularl%
suppl%in$ the public with some commodit% or
service o# public conse*uence, such as electricit%,
$as, water, transportation, telephone or tele$raph
service. To constitute a public utilit%, the #acilit%
must be necessar% #or the maintenance o# li#e and
occupation o# the residents. As the name indicates,
7public utilit%8 implies public use and service to the
public. A ship%ard is not a public utilit%. Its nature
dictates that it serves but a limited clientele whom it
ma% choose to serve at its discretion. It has no
le$al obli$ation to render the services sou$ht b%
each and ever% client.
T7L7+AP v. COM7L7C5 2!6 SC3A 33' All
broadcastin$, whether b% radio or television
stations, is licensed b% the &overnment. ?adio and
television companies do not own the airwaves and
#re*uencies5 the% are merel% $iven temporar%
privile$e o# usin$ them. A #ranchise is a privile$e
sub(ect to amendment, and the provision o# B: DD-
$rantin$ #ree airtime to the C2)!3!C is an
amendment o# the #ranchise o# radio and television
stations.
@? S$mmit <ol"in)s v. CA5 2II3' A (oint venture
#alls within the purview o# an 7association8 pursuant
to ection -- o# Article XII5 thus a (oint venture
which would en$a$e in the business o# operatin$ a
public utilit%, such as a ship%ard must compl% with
the BCS-=CS Ailipino-#orei$n capitali>ation
re*uirement.
XI. Pre,erenti%l Use o, 4ili#ino L%-or
Section 12. The tate shall promote the pre#erential use o#
Ailipino labor, domestic materials and locall% produced $oods,
and adopt measures that help ma4e them competitive.
XII. Tr%"e Polic*
-C/
SCHOOL OF LAW

Section 13. The tate shall pursue a trade polic% that serves
the $eneral wel#are and utili>es all #orms and arran$ements o#
e'chan$e on the basis o# e*ualit% and reciprocit%.
XIII. S$st%ine" /evelo#ment o, <$m%n 3eso$rceJ
Pr%ctice o, Pro,ession
Section 14. The sustained development o# a reservoir o#
national talents consistin$ o# Ailipino scientists, entrepreneurs,
pro#essionals, mana$ers, hi$h-level technical manpower and
s4illed wor4ers and cra#tsmen in all #ields shall be promoted b%
the tate. The tate shall encoura$e appropriate technolo$%
and re$ulate its trans#er #or the national bene#it.
The practice o# all pro#essions in the :hilippines shall be
limited to Ailipino citi>ens, save in cases prescribed b% law.
XIH. Coo#er%tives
Section 15. The Con$ress shall create an a$enc% to promote
the viabilit% and $rowth o# cooperatives as instruments #or
social (ustice and economic development.
In Cooperative Development )utorit% v. Dolefil
)grarian (eforms ?eneficiaries Cooperative, 2002,
the upreme Court said that, a#ter ascertainin$ the
clear le$islative intent o# ?A BE/E, it now rules that
the Cooperative Development Authorit% (CDA) is
devoid o# an% *uasi-(udicial authorit% to ad(udicate
intra-cooperative disputes and, more particularl%,
disputes related to the election o# o##icers and
directors o# cooperatives. It ma% however, conduct
hearin$s and in*uiries in the e'ercise o# its
administrative #unctions.
XH. ?OCCs
ection -B. The Con$ress shall not, e'cept b% $eneral law,
provide #or the #ormation, or$ani>ation, or re$ulation o# private
corporations. &overnment-owned or controlled corporations
ma% be created or established b% special charters in the
interest o# the common $ood and sub(ect to the test o#
economic viabilit%.
XHI. Tem#or%r* St%te T%9eAOver
Section 1. In times o# national emer$enc%, when the public
interest so re*uires, the tate ma%, durin$ the emer$enc% and
under reasonable terms prescribed b% it, temporaril% ta4e over
or direct the operation o# an% privatel%-owned public utilit% or
business a##ected with public interest.
T%9eover o, P$-lic Utilities. The power $iven to
the :resident to ta4e over the operation o# public
utilities does not stand alone. It is activated onl% i#
Con$ress $rants emer$enc% powers to the
:resident under Article ;I, ection ./.
.C/
XHII. N%tion%liG%tion o, In"$stries
Section 1!. The tate ma%, in the interest o# national wel#are
or de#ense, establish and operate vital industries and, upon
pa%ment o# (ust compensation, trans#er to public ownership
utilities and other private enterprises to be operated b% the
&overnment.
XHIII. N%tion%liG%tion o, In"$stries
Section 16. The tate shall re$ulate or prohibit monopolies
when the public interest so re*uires. "o combinations in
restraint o# trade or un#air competition shall be allowed.
Mono#ol*. A monopol% is 7a privile$e or peculiar
advanta$e vested in one more persons or
companies, consistin$ in the e'clusive ri$ht (or
power) to carr% on a particular business or trade,
manu#acture a particular article, or control the sale
o# a particular commodit%.8 Clearl%, monopolies are
not per se prohibited b% the Constitution but ma%
be permitted to e'ist to aid the $overnment in
carr%in$ on an enterprise or to aid in the
per#ormance o# various services and #unctions in
the interest o# the public. @owever, because
monopolies are sub(ect to abuses that can in#lict
severe pre(udice to the public, the% are sub(ected
to a hi$her o# tate re$ulation than an ordinar%
business underta4in$ (A$an Ir. v. :IATC2)
The Constitution does not absolutel% prohibit
monopolies. Thus #or e'ample, an award #or
stevedorin$ and arrastre services to onl% one
corporation is valid. (:hilippine Authorit% v.
)endo>a)
Be that as it ma%, in &atad v. Sec., $**,, the
upreme Court declared that Article XII, ection -E
is anti-trust in histor% and spirit5 it espouses
competition. The desirabilit% o# competition is the
reason #or the prohibition a$ainst restraint o# trade,
the reason #or the interdiction o# un#air competition,
and the reason #or the prohibition in unmiti$ated
203
O&iter in David v. "rmita, :.2. 3o. 17140#, &a* 3,
2006.
-C=
SCHOOL OF LAW

monopolies. A mar4et controlled b% one pla%er
(monopol%) or dominated b% a hand#ul o# pla%ers
(oli$opol%) is hardl% the mar4er where honest-to-
$oodness competition will prevail. In this case, it
cannot be denied that our downstream oil industr%
is operated and controlled b% oli$opol%, #orei$n
oli$opol% at that. o, o# onl% to help the ma% who
are poor #rom #urther su##erin$ as a result o#
unmiti$ated increase in the prices o# oil products
due to dere$ulation, it is a must that ?A D-DC be
repealed completel%.
In &anada v. )ngara, 2,2 SC() $+, the upreme
Court said that the 0T2 does not violate Article II
ection -E, nor ections -E and -. o# Article XII,
because these sections should be read and
understood in relation to ections - and -/ o#
Article XII, which re*uire the pursuit o# trade polic%
that 7serves the $eneral wel#are and utili>es all
#orms and arran$ements o# e'chan$e on the basis
o# e*ualit% and reciprocit%.8
In )ssociation of @ilippine Coconut Desiccators v.
@ilippine Coconut )utorit%, $**+, the upreme
Court declared that althou$h the Constitution
enshrines #ree enterprise as a polic%, it
nevertheless reserves to the &overnment the
power to intervene whenever necessar% #or the
promotion o# the $eneral wel#are, as re#lected in
ections B ad -E o# Article XII.
Mono#olies in restr%int o, tr%"e. Contracts
re*uirin$ e'clusivit% are not per se void. !ach
contract must be viewed vis'M'vis all the
circumstances surroundin$ such a$reement in
decidin$ whether a restrictive practice should be
prohibited as imposin$ an unreasonable restraint
on competition.
.C=
XIX. Centr%l Monet%r* A$t(orit*
Section 2I. The Con$ress shall establish an independent
central monetar% authorit%, the members o# whose $overnin$
board must be natural-born Ailipino citi>ens, o# 4nown probit%,
inte$rit%, and patriotism, the ma(orit% o# whom shall come #rom
the private sector. The% shall also be sub(ect to such other
*uali#ications and disabilities as ma% be prescribed b% law. The
authorit% shall provide polic% direction in the areas o# mone%,
ban4in$, and credit. It shall have supervision over the
operations o# ban4s and e'ercise such re$ulator% powers as
ma% be provided b% law over the operations o# #inance
companies and other institutions per#ormin$ similar #unctions.
+ntil the Con$ress otherwise provides, the Central Ban4 o# the
:hilippines operatin$ under e'istin$ laws, shall #unction as the
central monetar% authorit%.
204
Avon v. una, :. 2. 3o. 1$3674, <ecem'er 20,
2006.
XX. 4orei)n Lo%ns
Section 21. Aorei$n loans ma% onl% be incurred in accordance
with law and the re$ulation o# the monetar% authorit%.
In#ormation on #orei$n loans obtained or $uaranteed b% the
&overnment shall be made available to the public.
XXI. Pen%l S%nctions
Section 22. Acts which circumvent or ne$ate an% o# the
provisions o# this Article shall be considered inimical to the
national interest and sub(ect to criminal and civil sanctions, as
ma% be provided b% law.
-C<

Constitutional Law 2: Manguera

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Constitutional Law 2: Manguera

Uploaded by

Copyright:

Available Formats

FRATERNAL ORDER OF UTOPIA

ATENEO DE MANILA UNIVERSITY

You might also like